[Federal Register Volume 61, Number 165 (Friday, August 23, 1996)]
[Rules and Regulations]
[Pages 43415-43417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21492]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 958
[Docket No. FV96-958-2 FIR]
Idaho-Eastern Oregon Onions; Assessment Rate
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: The Department of Agriculture (Department) is adopting as a
final rule, with a correction, the provisions of an interim final rule
that established an assessment rate for the Idaho-Eastern Oregon Onion
Committee (Committee) under Marketing Order No. 958 for the 1996-97 and
subsequent fiscal periods. The Committee is responsible for local
administration of the marketing order which regulates the handling of
onions grown in designated counties in Idaho, and Malheur County,
Oregon. Authorization to assess onion handlers enables the Committee to
incur expenses that are reasonable and necessary to administer the
program.
DATES: Effective on July 1, 1996.
FOR FURTHER INFORMATION CONTACT: Martha Sue Clark, Program Assistant,
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,
Marketing Specialist, 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. Small businesses may request information on
compliance with this regulation by contacting: Jay Guerber, Marketing
Order Administration Branch, Fruit and Vegetable Division, AMS, USDA,
P.O. Box 96456, room 2523-S, Washington, DC 20090-6456, telephone 202-
720-2491, FAX 202-720-5698.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing
Agreement No. 130 and Order No. 958, both as
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amended (7 CFR part 958), regulating the handling of onions grown in
designated counties in Idaho, and Malheur County, Oregon. 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 is issuing this rule in conformance with Executive
Order 12866.
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. Under the marketing order now in effect, Idaho-Eastern
Oregon 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 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 Idaho-Eastern Oregon
onions in the production area and approximately 34 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 Idaho-Eastern Oregon onion
producers and handlers may be classified as small entities.
The Idaho-Eastern Oregon 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 Idaho-Eastern Oregon onions. They are familiar with the
Committee's needs and with the costs of goods and services in their
local area and are thus in a position to formulate an appropriate
budget and assessment. 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 21, 1996, and unanimously recommended
1996-97 expenditures of $1,115,993 and an assessment rate of $0.10 per
hundredweight of onions. In comparison, last year's budgeted
expenditures were $1,111,447. The assessment rate of $0.10 is the same
as last year's established rate. Major expenditures recommended by the
Committee for the 1996-97 year include $10,000 for Committee expenses,
$123,593 for salary expenses, $62,400 for travel and office expenses,
$60,000 each for research and export, $725,000 for promotion, and
$75,000 for a contingency fund. Budgeted expenses for these items in
1995-96 were $10,000, $121,431, $61,600, $59,340, $60,000, $724,076,
and $75,000, respectively.
The assessment rate recommended by the Committee was derived by
dividing anticipated expenses by expected shipments of Idaho-Eastern
Oregon onions. Onion shipments for the year are estimated at 8,800,000
hundredweight, which should provide $880,000 in assessment income.
Income derived from handler assessments, along with funds from interest
income and the Committee's authorized reserve, will be adequate to
cover budgeted expenses. Funds in the reserve will be kept within the
maximum permitted by the order.
An interim final rule regarding this action was published in the
May 31, 1996, issue of the Federal Register (61 FR 27250). That interim
final rule added a new subpart heading--Assessment Rates and
Sec. 958.240 to establish an assessment rate for the Committee. That
rule provided that interested persons could file comments through July
1, 1996. No comments were received.
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 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.
This final rule also adds a new subpart heading--Handling
Regulations to the Code of Federal Regulations immediately preceding
Sec. 958.328 Handling regulation.
Pursuant to 5 U.S.C. 553, it is also found and determined 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
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basis; (2) the 1996-97 fiscal period began 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) an interim
final rule was published on this action and provided for a 30-day
comment period, and no comments were received.
List of Subjects in 7 CFR Part 958
Marketing agreements, Onions, Reporting and recordkeeping
requirements.
Accordingly, the interim final rule amending 7 CFR part 958 which
was published at 61 FR 27250 on May 31, 1996, is adopted as a final
rule with the following change:
PART 958--ONIONS GROWN IN CERTAIN DESIGNATED COUNTIES IN IDAHO, AND
MALHEUR COUNTY, OREGON
1. The authority citation for 7 CFR part 958 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
2. Part 958 is amended by adding a new subpart heading immediately
preceding Sec. 958.328 to read as follows:
Note: This subpart heading will appear in the Code of Federal
Regulations.
Subpart--Handling Regulations
Dated: August 16, 1996.
Robert C. Keeney,
Director, Fruit and Vegetable Division.
[FR Doc. 96-21492 Filed 8-22-96; 8:45 am]
BILLING CODE 3410-02-P