Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and Regulations 20121

action which was unanimously

recommended by the Committee at a

public meeting and is similar to other

assessment rate actions issued in past

years; and (4) this interim final rule

provides a 30-day comment period, and

all comments timely received will be

considered prior to finalization of this

rule.

List of Subjects in 7 CFR Part 946

Marketing agreements, Potatoes,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 946 is amended as

follows:

PART 946—IRISH POTATOES GROWN

IN WASHINGTON

1. The authority citation for 7 CFR

part 946 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. A new § 946.248 is added to read

as follows:

Note: This section will not appear in the

annual Code of Federal Regulations.

§ 946.248 Assessment rate.

On and after July 1, 1996, an

assessment rate of $0.003 per

hundredweight is established for

Washington potatoes.

Dated: April 30, 1996.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 96–11151 Filed 5–3–96; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 956

[Docket No. FV96–956–2IFR]

Sweet Onions Grown in the Walla

Walla Valley of Southeast Washington

and Northeast Oregon; Assessment

Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This interim final rule

establishes an assessment rate for the

Walla Walla Sweet Onion Committee

(Committee) under Marketing Order No.

956 for the 1996–97 and subsequent

fiscal periods. The Committee is

responsible for local administration of

the marketing order which regulates the

handling of Sweet Onions grown in the

Walla Walla Valley of Southeast

Washington and Northeast Oregon.

Authorization to assess onion handlers

enables the Committee to incur

expenses that are reasonable and

necessary to administer the program.

DATES: Effective on June 1, 1996.

Comments received by June 5, 1996,

will be considered prior to issuance of

a final rule.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this rule. Comments must be

sent in triplicate to the Docket Clerk,

Fruit and Vegetable Division, AMS,

USDA, P.O. Box 96456, room 2523–S,

Washington, DC 20090–6456, FAX 202–

720–5698. Comments should reference

the docket number and the date and

page number of this issue of the Federal

Register and will be available for public

inspection in the Office of the Docket

Clerk during regular business hours.

FOR FURTHER INFORMATION CONTACT:

Martha Sue Clark, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, P.O.

Box 96456, room 2523–S, Washington,

DC 20090–6456, telephone 202–720–

9918, FAX 202–720–5698, or Robert J.

Curry, Northwest Marketing Field

Office, Fruit and Vegetable Division,

AMS, USDA, Green-Wyatt Federal

Building, room 369, 1220 Southwest

Third Avenue, Portland, OR 97204,

telephone 503–326–2724, FAX 503–

326–7440.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Agreement

and Order No. 956 (7 CFR part 956)

regulating the handling of Sweet Onions

grown in the Walla Walla Valley of

Southeast Washington and Northeast

Oregon, hereinafter referred to as the

‘‘order.’’ The order is effective under the

Agricultural Marketing Agreement Act

of 1937, as amended (7 U.S.C. 601–674),

hereinafter referred to as the ‘‘Act.’’

The Department of Agriculture

(Department) is issuing this rule in

conformance with Executive Order

12866.

This rule has been reviewed under

Executive Order 12778, Civil Justice

Reform. Under the marketing order now

in effect, Walla Walla Sweet Onion

handlers are subject to assessments.

Funds to administer the order are

derived from such assessments. It is

intended that the assessment rate as

issued herein will be applicable to all

assessable onions beginning June 1,

1996, and continuing until amended,

suspended, or terminated. This rule will

not preempt any State or local laws,

regulations, or policies, unless they

present an irreconcilable conflict with

this rule.

The Act provides that administrative

proceedings must be exhausted before

parties may file suit in court. Under

section 608c(15)(A) of the Act, any

handler subject to an order may file

with the Secretary a petition stating that

the order, any provision of the order, or

any obligation imposed in connection

with the order is not in accordance with

law and request a modification of the

order or to be exempted therefrom. Such

handler is afforded the opportunity for

a hearing on the petition. After the

hearing the Secretary would rule on the

petition. The Act provides that the

district court of the United States in any

district in which the handler is an

inhabitant, or has his or her principal

place of business, has jurisdiction to

review the Secretary’s ruling on the

petition, provided an action is filed not

later than 20 days after the date of the

entry of the ruling.

Pursuant to requirements set forth in

the Regulatory Flexibility Act (RFA), the

Agricultural Marketing Service (AMS)

has considered the economic impact of

this rule on small entities.

The purpose of the RFA is to fit

regulatory actions to the scale of

business subject to such actions in order

that small businesses will not be unduly

or disproportionately burdened.

Marketing orders issued pursuant to the

Act, and the rules issued thereunder, are

unique in that they are brought about

through group action of essentially

small entities acting on their own

behalf. Thus, both statutes have small

entity orientation and compatibility.

There are approximately 50 producers

of Walla Walla Sweet Onions in the

production area and approximately 30

handlers subject to regulation under the

marketing order. Small agricultural

producers have been defined by the

Small Business Administration (13 CFR

121.601) as those having annual receipts

of less than $500,000, and small

agricultural service firms are defined as

those whose annual receipts are less

than $5,000,000. The majority of Walla

Walla Sweet Onion producers and

handlers may be classified as small

entities.

The Walla Walla Sweet Onion

marketing order provides authority for

the Committee, with the approval of the

Department, to formulate an annual

budget of expenses and collect

assessments from handlers to administer

the program. The members of the

Committee are producers and handlers

of Walla Walla Sweet Onions. They are

familiar with the Committee’s needs and

with the costs for goods and services in

their local area and are thus in a

position to formulate an appropriate

budget and assessment rate. The

assessment rate is formulated and

discussed in a public meeting. Thus, all

directly affected persons have an

opportunity to participate and provide

input.
20122 Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and Regulations

The Committee met on March 12,

1996, and unanimously recommended

1996–97 expenditures of $114,000 and

an assessment rate of $0.19 per 50-

pound bag or equivalent of onions. In

comparison, last year’s budgeted

expenditures were $72,000. The

assessment rate of $0.19 is $0.07 higher

than last year’s established rate. Major

expenditures recommended by the

Committee for the 1996–97 year include

$34,000 for administrative expenses,

$62,000 for research and promotion, and

$9,000 for compliance. Budgeted

expenses for these items in 1995–96

were $28,000, $22,000, and $9,000,

respectively.

The assessment rate recommended by

the Committee was derived by dividing

anticipated expenses by expected

shipments of Walla Walla Sweet

Onions. Onion shipments for the year

are estimated at 600,000 50-pound bags

which should provide $114,000 in

assessment income, which will be

adequate to cover budgeted expenses.

Funds in the reserve at the beginning of

the 1996–97 fiscal period are estimated

at $27,000. Funds in the reserve will be

kept within the maximum permitted by

the order.

While this rule will impose some

additional costs on handlers, the costs

are in the form of uniform assessments

on all handlers. Some of the additional

costs may be passed on to producers.

However, these costs will be offset by

the benefits derived by the operation of

the marketing order. Therefore, the

Agricultural Marketing Service has

determined that this rule will not have

a significant economic impact on a

substantial number of small entities.

The assessment rate established in

this rule will continue in effect

indefinitely unless modified,

suspended, or terminated by the

Secretary upon recommendation and

information submitted by the

Committee or other available

information.

Although this assessment rate is

effective for an indefinite period, the

Committee will continue to meet prior

to or during each fiscal period to

recommend a budget of expenses and

consider recommendations for

modification of the assessment rate. The

dates and times of Committee meetings

are available from the Committee or the

Department. Committee meetings are

open to the public and interested

persons may express their views at these

meetings. The Department will evaluate

Committee recommendations and other

available information to determine

whether modification of the assessment

rate is needed. Further rulemaking will

be undertaken as necessary. The

Committee’s 1996–97 budget and those

for subsequent fiscal periods will be

reviewed and, as appropriate, approved

by the Department.

After consideration of all relevant

material presented, including the

information and recommendation

submitted by the Committee and other

available information, it is hereby found

that this rule, as hereinafter set forth,

will tend to effectuate the declared

policy of the Act.

Pursuant to 5 U.S.C. 553, it is also

found and determined upon good cause

that it is impracticable, unnecessary,

and contrary to the public interest to

give preliminary notice prior to putting

this rule into effect, and that good cause

exists for not postponing the effective

date of this rule until 30 days after

publication in the Federal Register

because: (1) The Committee needs to

have sufficient funds to pay its expenses

which are incurred on a continuous

basis; (2) the 1996–97 fiscal period

begins on June 1, 1996, and the

marketing order requires that the rate of

assessment for each fiscal period apply

to all assessable onions handled during

such fiscal period; (3) handlers are

aware of this action which was

unanimously recommended by the

Committee at a public meeting and is

similar to the assessment rate action

issued last year; and (4) this interim

final rule provides a 30-day comment

period, and all comments timely

received will be considered prior to

finalization of this rule.

List of Subjects in 7 CFR Part 956

Marketing agreements, Onions,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 956 is amended as

follows:

PART 956—SWEET ONIONS GROWN

IN THE WALLA WALLA VALLEY OF

SOUTHEAST WASHINGTON AND

NORTHEAST OREGON

1. The authority citation for 7 CFR

part 956 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. A new § 956.202 is added to read

as follows:

Note: This section will not appear in the

Annual Code of Federal Regulations.

§ 956.202 Assessment rate.

On and after June 1, 1996, an

assessment rate of $0.19 per 50 pound

bag or equivalent is established for

Walla Walla Sweet Onions.

Dated: April 30, 1996.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 96–11150 Filed 5–03–96; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 985

[Docket No. FV96–985–2–IFR]

Spearmint Oil Produced in the Far

West; Assessment Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This interim final rule

establishes an assessment rate for the

Spearmint Oil Administrative

Committee (Committee) under

Marketing Order No. 985 for the 1996–

97 and subsequent fiscal periods. The

Committee is responsible for local

administration of the marketing order

which regulates the handling of

spearmint oil produced in the Far West.

Authorization to assess spearmint oil

handlers enables the Committee to incur

expenses that are reasonable and

necessary to administer the program.

DATES: Effective on June 1, 1996.

Comments received by June 5, 1996,

will be considered prior to issuance of

a final rule.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this rule. Comments must be

sent in triplicate to the Docket Clerk,

Fruit and Vegetable Division, AMS,

USDA, P.O. Box 96456, room 2523–S,

Washington, DC 20090–6456, FAX (202)

720–5698. Comments should reference

the docket number and the date and

page number of this issue of the Federal

Register and will be available for public

inspection in the Office of the Docket

Clerk during regular business hours.

FOR FURTHER INFORMATION CONTACT:

Robert J. Curry, Northwest Marketing

Field Office, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, 1220

SW Third Avenue, room 369, Portland,

Oregon 97204–2807; telephone (503)

326–2724; or Tershirra T. Yeager,

Marketing Order Administration

Branch, Fruit and Vegetable Division,

AMS, USDA, room 2525, South

Building, P.O. Box 96456, Washington,

D.C. 20090–6456; telephone: (202) 720–

5127.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Order No.

985 (7 CFR part 985), regulating the

handling of spearmint oil produced in

the Far West (Washington, Idaho,