Irish Potatoes Grown in Certain Designated Counties in Idaho, and Malheur County, Oregon; Expenses and Assessment Rate

DEPARTMENT OF AGRICULTURE

7 CFR Part 945

[Docket No. FV94-945-1IFR]

Irish Potatoes Grown in Certain Designated Counties in Idaho, and

Malheur County, Oregon; Expenses and Assessment Rate

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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SUMMARY: This interim final rule authorizes expenditures and

establishes an assessment rate under Marketing Order No. 945 for the

1994-95 fiscal period. Authorization of this budget enables the Idaho-

Eastern Oregon Potato Committee (Committee) to incur expenses that are

reasonable and necessary to administer the program. Funds to administer

this program are derived from assessments on handlers.

DATES: Effective August 1, 1994, through July 31, 1995. Comments

received by September 12, 1994, will be considered prior to issuance of

a final rule.

ADDRESSES: Interested persons are invited to submit written comments

concerning this action. 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; 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 97205, telephone 503-326-

2724.

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing

Agreement No. 98 and Order No. 945, both as amended (7 CFR part 945),

regulating the handling of Irish potatoes grown in designated counties

in Idaho, and Malheur County, Oregon. The marketing agreement and order

are 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 interim final rule has been reviewed under Executive Order

12778, Civil Justice Reform. Under the provisions of the marketing

order now in effect, Idaho-Eastern Oregon potatoes are subject to

assessments. Funds to administer the Idaho-Eastern Oregon potato

marketing order are derived from such assessments. It is intended that

the assessment rate as issued herein will be applicable to all

assessable potatoes handled during the 1994-95 fiscal period, which

begins August 1, 1994, and ends July 31, 1995. This interim final 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 requesting 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 in equity to review

the Secretary's ruling on the petition, provided a bill in equity is

filed not later than 20 days after the date of the entry of the ruling.

Pursuant to the requirements set forth in the Regulatory

Flexibility Acct (RFA), the Administrator of 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 2,100 producers of Idaho-Eastern Oregon

potatoes under this marketing order, and approximately 60 handlers.

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 potato producers and handlers may be classified as

small entities.

The budget of expenses for the 1994-95 fiscal period was prepared

by the Idaho-Eastern Oregon Potato Committee, the agency responsible

for local administration of the marketing order, and submitted to the

Department for approval. The members of the Committee are producers and

handlers of Idaho-Eastern Oregon potatoes. 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. The budget was formulated and discussed in a public meeting.

Thus, all directly affected persons have had an opportunity to

participate and provide input.

The assessment rate recommended by the Committee was derived by

dividing anticipated expenses by expected shipments of fresh Idaho-

Eastern Oregon potatoes. Because that rate will be applied to actual

shipments, it must be established at a rate that will provide

sufficient income to pay the Committee's expenses.

The Committee met June 7, 1994, and unanimously recommended a 1994-

95 budget of $99,879, $937 more than the previous year. Increases of

$2,737 for salaries, $300 for telephone, $200 for postage, $500 for

meetings and miscellaneous, and $200 for Federal payroll taxes will be

partially offset by a decrease of $3,000 for reserve/auto purchase.

The Committee also unanimously recommended an assessment rate of

$0.0026 per hundredweight, the same as each year for the past decade.

This rate, when applied to anticipated shipments of 32,000,000

hundredweight, will yield $83,200 in assessment income. This, along

with $16,679 from the Committee's authorized reserve, will be adequate

to cover budgeted expenses. Funds in the Committee's authorized reserve

at the beginning of the 1994-95 fiscal period, estimated at about

$60,000, will be within the maximum permitted by the order of one

fiscal period's expenses.

While this action 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 Administrator of the AMS has determined

that this action will not have a significant economic impact on a

substantial number of small entities.

After consideration of all relevant matter presented, including the

information and recommendations 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 action 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

fiscal period begins on August 1, 1994, and the marketing order

requires that the rate of assessment for the fiscal period apply to all

assessable Idaho-Eastern Oregon potatoes handled during the 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 budget 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 action.

List of Subjects in 7 CFR Part 945

Marketing agreements, Potatoes, Reporting and recordkeeping

requirements.

For the reasons set forth in the preamble, 7 CFR Part 945 is

amended as follows:

PART 945--IRISH POTATOES GROWN IN CERTAIN DESIGNATED COUNTIES IN

IDAHO AND MALHEUR COUNTY, OREGON

1. The authority citation for 7 CFR Part 945 continues to read as

follows:

Authority: 7 U.S.C. 601-674.

2. A new Sec. 945.247 is added to read as follows:

Note: This section will not appear in the Code of Federal

Regulations.

Sec. 945.247 Expenses and assessment rate.

Expenses of $99,879 by the Idaho-Eastern Oregon Potato Committee

are authorized, and an assessment rate of $0.0026 per hundredweight of

assessable potatoes is established for the fiscal period ending July

31, 1995. Unexpended funds may be carried over as a reserve.

Dated: August 8, 1994.

Robert C. Keeney,

Deputy Director, Fruit and Vegetable Division.

[FR Doc. 94-19803 Filed 8-11-94; 8:45 am]

BILLING CODE 3410-02-P