Federal Register / Vol. 61, No. 106 / Friday, May 31, 1996 / Rules and Regulations 27247

PART 925—GRAPES GROWN IN A

DESIGNATED AREA OF

SOUTHEASTERN CALIFORNIA

Accordingly, the interim final rule

amending 7 CFR part 925 which was

published at 61 FR 11127, March 19,

1996, and corrected at 61 FR 14013,

March 29, 1996, is adopted as a final

rule.

Dated: May 22, 1996.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 96–13616 Filed 5–30–96; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 947

[Docket No. FV96–947–1IFR]

Oregon-California Potatoes;

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

Oregon-California Potato Committee

(Committee) under Marketing Order No.

947 for the 1996–97 and subsequent

fiscal periods. The Committee is

responsible for local administration of

the marketing order which regulates the

handling of Irish potatoes grown in

Oregon-California. Authorization to

assess potato handlers enables the

Committee to incur expenses that are

reasonable and necessary to administer

the program.

DATES: Effective on July 1, 1996.

Comments received by July 1, 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, PO 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, PO

Box 96456, room 2523–S, Washington,

DC 20090–6456, telephone 202–720–

9918, FAX 202–720–5698, or Teresa L.

Hutchinson, 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

No. 114 and Order No. 947, both as

amended (7 CFR part 947), regulating

the handling of Irish potatoes grown in

Oregon-California, 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, Oregon-California potato

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 potatoes beginning July 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 550

producers of Oregon-California potatoes

in the production area and

approximately 40 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 Oregon-California potato

producers and handlers may be

classified as small entities.

The Oregon-California potato

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 Oregon-California potatoes. 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.

The Committee met on March 28,

1996, and unanimously recommended

1996–97 expenditures of $61,200 and an

assessment rate of $0.005 per

hundredweight of potatoes. In

comparison, last year’s budgeted

expenditures were $46,200. The

assessment rate of $0.005 is $0.001 less

than last year’s established rate. Major

expenditures recommended by the

Committee for the 1996–97 year include

$30,000 for an agreement with the

Oregon Potato Commission to provide

services to the Committee and $8,100

for a contingency fund. Budgeted

expenses for these items in 1995–96

were $24,000 and $100, respectively.

The contingency fund was increased as

the Committee is considering a possible

marketing research and development

project in conjunction with the Oregon

Potato Commission.

The assessment rate recommended by

the Committee was derived by dividing

anticipated expenses by expected

shipments of Oregon-California

potatoes. Potato shipments for the year
27248 Federal Register / Vol. 61, No. 106 / Friday, May 31, 1996 / Rules and Regulations

are estimated at 7,400,000

hundredweight which should provide

$37,000 in assessment income. Income

derived from handler assessments, along

with funds from the Committee’s

authorized reserve, will be adequate to

cover budgeted expenses. Funds in the

reserve at the beginning of the 1996–97

fiscal period are estimated at $55,245.

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 AMS

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

those 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, 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 July 1,

1996, and the marketing order requires

that the rate of assessment for each

fiscal period apply to all assessable

potatoes 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 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 947

Marketing agreements, Potatoes,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 947 is amended as

follows:

PART 947—IRISH POTATOES GROWN

IN MODOC AND SISKIYOU COUNTIES,

CALIFORNIA, AND IN ALL COUNTIES

IN OREGON, EXCEPT MALHEUR

COUNTY

1. The authority citation for 7 CFR

part 947 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. A new subpart—Assessment Rates

and a new § 947.247 are added to read

as follows:

Note: This section will appear in the Code

of Federal Regulations.

Subpart—Assessment Rates

§ 947.247 Assessment rate.

On and after July 1, 1996, an

assessment rate of $0.005 per

hundredweight is established for

Oregon-California potatoes.

Dated: May 24, 1996.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 96–13699 Filed 5–30–96; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 953

[Docket No. FV96–953–1IFR]

Southeastern Potatoes; 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

Southeastern Potato Committee

(Committee) under Marketing Order No.

953 for the 1996–97 and subsequent

fiscal periods. The Committee is

responsible for local administration of

the marketing order which regulates the

handling of Irish potatoes grown in two

southeastern States (Virginia and North

Carolina). Authorization to assess potato

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 July 1, 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.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Agreement

No. 104 and Order No. 953, both as

amended (7 CFR part 953), regulating

the handling of Irish potatoes grown in

two southeastern States (Virginia and

North Carolina), 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, Virginia-North Carolina potato

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 potatoes 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.