Expenses for the 1995-96 Fiscal Year for Specified Marketing Orders

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 922, 923, and 924

[Docket No. FV95-922-2IFR]

Expenses for the 1995-96 Fiscal Year for Specified Marketing

Orders

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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SUMMARY: This interim final rule authorizes expenses for the 1995-96

fiscal year for Marketing Orders (M.O.) No.'s 922 and 923, covering

apricots and sweet cherries grown in designated counties in Washington,

and M.O. No. 924 covering fresh prunes grown in designated counties in

Washington and in Umatilla County, Oregon. Authorization of these

budgets enables the Washington Apricot Marketing Committee, the

Washington Cherry Marketing Committee, and the Washington-Oregon Fresh

Prune Marketing Committee (Committees) established under these

marketing orders to incur expenses that are reasonable and necessary to

administer the programs. Funds to administer the programs are derived

from assessments on handlers.

DATES: Effective beginning April 1, 1995, through March 31, 1996.

Comments must be received by August 31, 1995.

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; or by FAX: (202) 720-5698. All

comments should reference the docket number and the date and page

number of this issue of the Federal Register and will be made available

for public inspection in the Office of the Docket Clerk during regular

business hours.

FOR FURTHER INFORMATION CONTACT: Britthany E. Beadle, Marketing Order

Administration Branch, Fruit and Vegetable Division, AMS, USDA, PO Box

96456, room 2523-S, Washington, DC 20090-6456; telephone: (202) 720-

5127; or Teresa Hutchinson, Northwest Marketing Field Office, Fruit and

Vegetable Division, AMS, USDA, 1220 SW., Third Avenue, room 369,

Portland, OR 97204; telephone: (503) 326-2724.

SUPPLEMENTARY INFORMATION: This interim final rule is issued under

Marketing Agreements and Marketing Order No. 922 (7 CFR part 922)

regulating the handling of apricots grown in designated counties in

Washington; Marketing Order No. 923 (7 CFR part 923) regulating the

handling of sweet cherries grown in designated counties in Washington;

and Marketing Order No. 924 (7 CFR part 924) regulating the handling of

fresh prunes grown in designated counties in Washington and in Umatilla

County, Oregon. The marketing agreements and orders 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. This action authorizes expenses for the

1995-96 fiscal period which began April 1, 1995, through March 31,

1996. 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. A 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 date of the entry of the ruling.

Pursuant to 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 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 about 55 handlers of Washington apricots, 55 handlers of

Washington sweet cherries, and 30 handlers of Washington-Oregon fresh

prunes subject to regulation under their respective marketing orders.

In addition, there are about 190 Washington apricot producers, 1,100

Washington sweet cherry producers, and 350 Washington-Oregon fresh

prune producers in the respective production areas. 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 these handlers and

producers may be classified as small entities.

An annual budget of expenses is prepared by each marketing order

committee and submitted to the Department for approval. The members of

the Committees are handlers and producers of the regulated commodities.

They are familiar with the Committees' needs and with the costs for

goods, services, and personnel in their local areas and are thus in a

position to formulate appropriate budgets. The budgets are formulated

and discussed in public meetings. Thus, all directly

[[Page 39105]]

affected persons have an opportunity to participate and provide input.

The Washington Apricot Marketing Committee met on May 25, 1995, and

unanimously recommended 1995-96 expenses of $9,594, which is $4,008

less in expenses than the $13,602 amount that was recommended for the

1994-95 fiscal year.

Shipments of fresh apricots for the current fiscal year are

estimated at 5,150 tons. Funds in the reserve, estimated at $16,798,

will be adequate to cover the recommended expense amount.

The Washington Cherry Marketing Committee also met on March 25,

1995, and unanimously recommended 1995-96 expenses of $55,393. This

represents a decrease of $44,820 from the $100,213 recommended for the

previous fiscal year.

The Committee anticipates shipments of 41,000 tons of fresh sweet

cherries. Funds in the reserve, estimated at $112,995, will be adequate

to cover budgeted expenses.

The Washington-Oregon Fresh Prune Marketing Committee also met on

March 25, 1995, and unanimously recommended a 1995-96 expense amount of

$10,018. In comparison, this represents a decrease of $8,742 in

expenses from the $18,760 that was recommended for 1994-95 fiscal year.

Shipments of fresh prunes for the current fiscal year are estimated

at 4,900 tons. Funds in the reserve, estimated at $16,204, will

adequately cover recommended expenses.

Each Committee unanimously voted against having assessment rates

for their respective programs for the 1995-96 fiscal year. In

comparison, assessment rates for the 1994-95 fiscal year were $0.50 per

ton for fresh apricots, $1.00 per ton for sweet cherries, and $1.00 per

ton for fresh prunes.

Major expense categories for the Committees are for the

administration of these marketing orders. Administrative expenses

include $43,000 for salaries, $2,700 for travel, and $15,600 for office

operations. The stone fruit marketing Committees share office expenses,

based on an agreement among the Committees.

Since no assessment rates are being recommended at this time, no

additional costs will be imposed on handlers. 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

information and recommendations submitted by the Committees 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 1995-96 fiscal year for the Committees began April 1,

1995, and the Committees need to have approval to pay their respective

expenses which are incurred on a continuous basis; (2) this action is

similar to previously recommended budgets; and (3) 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

7 CFR Part 922

Apricots, Marketing agreements, Reporting and recordkeeping

requirements.

7 CFR Part 923

Cherries, Marketing agreements, Reporting and recordkeeping

requirements.

7 CFR Part 924

Marketing agreements, Plums, Prunes, Reporting and recordkeeping

requirements.

For the reasons set forth in the preamble, 7 CFR parts 922, 923,

and 924 are amended as follows:

1. The authority citation for 7 CFR parts 922, 923, and 924

continues to read as follows:

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

Note: These sections will not appear in the Code of Federal

Regulations.

PART 922--APRICOTS GROWN IN DESIGNATED COUNTIES IN WASHINGTON

2. A new Sec. 922.234 is added to read as follows:

Sec. 922.234 Expenses and assessment rate.

Expenses of $9,594 by the Washington Apricot Marketing Committee

are authorized for the fiscal year ending March 31, 1996. Any

unexpended funds may be carried over as a reserve.

PART 923--SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON

3. A new Sec. 923.235 is added to read as follows:

Sec. 923.235 Expenses and assessment rate.

Expenses of $55,393 by the Washington Cherry Marketing Committee

are authorized for the fiscal year ending March 31, 1996. Any

unexpended funds may be carried over as a reserve.

PART 924--FRESH PRUNES GROWN IN DESIGNATED COUNTIES IN WASHINGTON

AND UMATILLA COUNTY, OREGON

4. A new Sec. 924.235 is added to read as follows:

Sec. 924.235 Expenses and assessment rate.

Expenses of $10,018 by the Washington-Oregon Fresh Prune Marketing

Committee are authorize for the fiscal year ending March 31, 1996. Any

unexpended funds may be carried over as a reserve.

Dated: July 26, 1995.

Sharon Bomer Lauritsen,

Deputy Director, Fruit and Vegetable Division.

[FR Doc. 95-18787 Filed 7-31-95; 8:45 am]

BILLING CODE 3410-02-P