Walnuts Grown in California; Expenses and Assessment Rate

SUMMARY: This interim final rule authorizes expenditures and

establishes an assessment rate under Marketing Order No. 984 for the

1994-95 marketing year. Authorization of this budget enables the Walnut

Marketing Board (Board) 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 November 30, 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-

9981, or Richard P. Van Diest, California Marketing Field Office, Fruit

and Vegetable Division, AMS, USDA, suite 102B, 2202 Monterey Street,

Fresno, CA 93721, telephone 209-487-5901.

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing

Agreement and Order No. 984, both as amended (7 CFR part 984),

regulating the handling of walnuts grown in California. 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, California walnuts are subject to assessments. It

is intended that the assessment rate as issued herein will be

applicable to all assessable walnuts handled during the 1994-95

marketing year, which began 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 not later than 20 days after the date of the

entry of the ruling.

Pursuant to the requirements set forth in the Regulatory

Flexibility Act (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 5,000 producers of California walnuts under

this marketing order, and approximately 65 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 California walnut

producers and handlers may be classified as small entities.

The budget of expenses for the 1994-95 marketing year was prepared

by the Walnut Marketing Board, the agency responsible for local

administration of the marketing order, and submitted to the Department

for approval. The members of the Board are producers and handlers of

California walnuts. They are familiar with the Board's needs and with

the costs of goods and services in their local areas 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 Board was derived by

dividing anticipated expenses by expected merchantable certifications

of California walnuts. Because that rate will be applied to the actual

quantity of certified merchantable walnuts, it must be established at a

rate that will provide sufficient income to pay the Board's expenses.

The Board met September 9, 1994, and unanimously recommended a

1994-95 budget of $2,170,772, $229,125 more than the previous year.

Budget items for 1994-95 which have increased compared to those

budgeted for 1993-94 (in parentheses) are: Administrative salaries,

$101,712 ($101,331), Board expenses, $35,000 ($32,000), office rent,

$26,419 ($25,704), domestic market research and development, $953,000

($875,000), walnut production research, $718,302 ($438,488), crop

survey, $45,000 ($43,000), and crop estimate, $60,000 ($52,000). Items

which have decreased compared to the amount budgeted for 1993-94 (in

parentheses) are: social security and hospital insurance taxes, $8,129

($9,700), group life, retirement, and medical, $44,370 ($47,485),

office salaries, $40,740 ($40,771), equipment maintenance and

warranties, $10,000 ($12,000), furniture, fixtures, and automobiles,

$5,000 ($20,000), and production research director, $40,000 ($91,068).

The Board also eliminated funding for export market research and

development and the reserve for contingencies for which $20,000 and

$50,000 were recommended last year, respectively. All other items are

budgeted at last year's amounts.

The Board also unanimously recommended an assessment rate of

$0.0111 per kernelweight pound, $0.0021 more than the previous year.

This rate, when applied to anticipated shipments of 198,000,000

kernelweight pounds of merchantable walnuts, will yield $2,197,800 in

assessment income, which will be adequate to cover budgeted expenses.

Unexpended funds may be used temporarily during the first five months

of the subsequent marketing year, but must be made available to the

handlers from whom collected within that period.

While this action will impose some additional costs on handlers,

the costs are in the form of uniform assessments on 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 Board 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 Board needs to have sufficient funds to pay its

expenses which are incurred on a continuous basis; (2) the marketing

year began on August 1, 1994, and the marketing order requires that the

rate of assessment for the marketing year apply to all assessable

walnuts handled during the marketing year; (3) handlers are aware of

this action which was unanimously recommended by the Board at a public

meeting and 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 984

Marketing agreements, Nuts, Reporting and recordkeeping

requirements, Walnuts.

For the reasons set forth in the preamble, 7 CFR part 984 is

amended as follows:

PART 984--WALNUTS GROWN IN CALIFORNIA

1. The authority citation for 7 CFR part 984 is revised to read as

follows:

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

2. A new Sec. 984.345 is added to read as follows:

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

Regulations.

Sec. 984.345 Expenses and assessment rate.

Expenses of $2,170,772 by the Walnut Marketing Board are

authorized, and an assessment rate of $0.0111 per kernelweight pound of

merchantable walnuts is established for the marketing year ending July

31, 1995. Unexpended funds may be used temporarily during the first

five months of the subsequent marketing year, but must be made

available to the handlers from whom collected within that period.

Dated: October 26, 1994.

Larry B. Lace,

Acting Deputy Director, Fruit and Vegetable Division.

[FR Doc. 94-26929 Filed 10-28-94; 8:45 am]

BILLING CODE 3410-02-P