This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

29635

Vol. 61, No. 114

Wednesday, June 12, 1996

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 948

[Docket No. FV96–948–1IFR]

Irish Potatoes Grown in Colorado;

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

Colorado Potato Administrative

Committee, Northern Colorado Office

(Area III) (Committee) under Marketing

Order No. 948 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 Colorado.

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 12, 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 Dennis L.

West, 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. 97 and Order No. 948, both as

amended (7 CFR part 948), regulating

the handling of Irish potatoes grown in

Colorado, 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, Colorado 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 85 producers

of Colorado Area III potatoes in the

production area and approximately 15

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

Colorado Area III potato producers and

handlers may be classified as small

entities.

The Colorado 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 Colorado

Area III 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.

In Colorado, both a State and a

Federal marketing order operate

simultaneously. The State order

authorizes promotion, including paid

advertising, which the Federal order

does not. All expenses in this category

are financed under the State order. The

jointly operated programs consume

about equal administrative time and the

two orders continue to split

administrative costs equally.
29636 Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Rules and Regulations

The Committee met on April 11, 1996,

and unanimously recommended 1996–

97 expenditures of $24,462.50 and an

assessment rate of $0.01 per

hundredweight of potatoes. In

comparison, last year’s budgeted

expenditures were $27,362.50. The

assessment rate of $0.01 is $0.01 less

than last year’s established rate. Major

expenditures recommended by the

Committee for the 1996–97 year include

$11,500 for the manager’s salary, $2,400

for rent, and $1,500 for office supplies,

the same as in 1995–96.

The assessment rate recommended by

the Committee was derived by dividing

anticipated expenses by expected

shipments of Colorado Area III potatoes.

Potato shipments for the year are

estimated at 1,450,750 hundredweight

which should provide $14,507.50 in

assessment income. Income derived

from handler assessments, interest, and

rent from the sublease of office space to

the State inspection service, 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 $36,551. 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 948

Marketing agreements, Potatoes,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 948 is amended as

follows:

PART 948—IRISH POTATOES GROWN

IN COLORADO

1. The authority citation for 7 CFR

part 948 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. A new § 948.215 is added to read

as follows:

Note: This section will appear in the Code

of Federal Regulations.

§ 948.215 Assessment rate.

On and after July 1, 1996, an

assessment rate of $0.01 per

hundredweight is established for

Colorado Area III potatoes.

Dated: June 3, 1996.

Sharon Bomer Lauritsen,

Acting Director, Fruit and Vegetable Division.

[FR Doc. 96–14756 Filed 6–11–96; 8:45 am]

BILLING CODE 3410–02–P

NUCLEAR REGULATORY

COMMMISSION

10 CFR Parts 30, 40, 70, 72

RIN 3150–AF50

Minor Amendments to Miscellaneous

Cross-References

AGENCY: Nuclear Regulatory

Commission.

ACTION: Final rule.

SUMMARY: The Nuclear Regulatory

Commission (NRC) is amending its

regulations to achieve consistency in the

cross-references associated with several

recent changes to the NRC’s regulations

affecting decommissioning. This notice

is necessary to inform the public of

these corrections.

EFFECTIVE DATE: June 12, 1996.

FOR FURTHER INFORMATION CONTACT:

Jayne M. McCausland, Office of Nuclear

Regulatory Research, U.S. Nuclear

Regulatory Commission, Washington,

DC 20555–0001, telephone (301) 415–

6219, email JMM2@nrc.gov.

SUPPLEMENTARY INFORMATION: To

achieve consistency in the NRC’s

regulations affecting decommissioning,

the following cross-reference revisions

in 10 CFR Parts 30, 40, 70, and 72 are

being made:

(1) In §§ 30.36(d) and 30.36(g)(3), the

cross-references to paragraph ‘‘(f)(1)’’ are

revised to read ‘‘(g)(1).’’

(2) In §§ 30.36(g)(3)(vi) and

30.36(h)(1) and (h)(2), the crossreferences to paragraph ‘‘(h)’’ are revised

to read ‘‘(i).’’

(3) In §§ 40.42(d) and 40.42(g)(3), the

cross-references to paragraph ‘‘(f)(1)’’ are

revised to read ‘‘(g)(1).’’

(4) In §§ 40.42(g)(4)(vi) and

40.42(h)(1) and (h)(2), the crossreferences to paragraph ‘‘(h)’’ are revised

to read ‘‘(i).’’

(5) In §§ 70.38(d) and 70.38(g)(3), the

cross-references to paragraph ‘‘(f)(1)’’ are

revised to read ‘‘(g)(1).’’

(6) In §§ 70.38(g)(4)(vii) and

70.38(h)(1) and (h)(2), the crossreferences to ‘‘(h)’’ are revised to read

‘‘(i).’’

(7) In §§ 72.54(j)(1) and (j)(2), the

cross-references to ‘‘(j)’’ are revised to

read ‘‘(k).’’

Because the changes are minor

administrative amendments, the NRC

has determined that good cause exists to

dispense with the notice and comment

provisions of the Administrative

Procedure Act (APA) pursuant to 5

U.S.C. 553(b)(B). For the same reasons,

the NRC has determined that good cause

exists to waive the 30-day deferred

effective date provisions of the APA (5

U.S.C. 553(d)).