Vidalia Onions Grown in Georgia; Increased Assessment Rate, 41605-41608 [05-14261]
Download as PDF
<![CDATA[
41605
Rules and Regulations
Federal Register
Vol. 70, No. 138
Wednesday, July 20, 2005
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.
FEDERAL LABOR RELATIONS
AUTHORITY
5 CFR Chapter XIV, Appendix A
New Telephone and Fax Numbers
Federal Labor Relations
Authority.
ACTION: Amendment of rules and
regulations.
AGENCY:
SUMMARY: Changes have been made to
the telephone number of the Federal
Labor Relations Authority’s Washington
Regional Office, and the telephone and
fax numbers of the Boston Regional
Office. Accordingly, it is necessary to
amend 5 CFR Chapter XIV to reflect the
changes.
EFFECTIVE DATE: This rule is effective
July 14, 2005.
FOR FURTHER INFORMATION CONTACT:
Yvonne Thomas, Director,
Administrative Services Division;
Federal Labor Relations Authority; 1400
K Street, NW.; Washington, DC 20424–
0001; (202) 218–7750.
SUPPLEMENTARY INFORMATION: Paragraph
(d) of Appendix A to 5 CFR Chapter XIV
sets forth the addresses, telephone
numbers, and fax numbers of the
Regional Offices of the Federal Labor
Relations Authority. Because of the
changes in the telephone number of the
Washington Regional Office, and the
telephone and fax numbers of the
Boston Regional Office, it is necessary to
revise these provisions of the agency’s
regulations.
Regulatory Flexibility Act Certification
Pursuant to section 605(b) of the
Regulatory Flexibility Act, 5 U.S.C.
605(b), the Federal Labor Relations
Authority has determined that these
regulations, as amended, will not have
a significant economic impact on a
substantial number of small entities,
because they apply to federal
employees, federal agencies, and labor
VerDate jul<14>2003
14:19 Jul 19, 2005
Jkt 205001
organizations representing federal
employees.
Unfunded Mandates Reform Act of
1995
These regulatory changes will not
result in the expenditure by state, local,
and tribal governments, in the aggregate,
or by the private sector, of $100,000,000
or more in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
Small Business Regulatory Enforcement
Fairness Act of 1996
These rules are not major rules as
defined by section 804 of the Small
Business Regulatory Enforcement
Fairness Act of 1996. These rules will
not result in an annual effect on the
economy of $100,000,000 or more; a
major increase in costs or prices; or
significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
ability of United States-based
companies to compete with foreignbased companies in domestic and
export markets.
Dated: July 14, 2005.
Yvonne Thomas,
Director, Administrative Services Division.
[FR Doc. 05–14260 Filed 7–19–05; 8:45 am]
BILLING CODE 6727–01–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 955
[Docket No. FV05–955–1 FIR]
Vidalia Onions Grown in Georgia;
Increased Assessment Rate
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
SUMMARY: The Department of
Agriculture (USDA) is adopting, as a
final rule, without change, an interim
final rule which increased the
assessment rate and changed the
assessable unit established for the
Vidalia Onion Committee (Committee)
for the 2005 and subsequent fiscal
periods from $0.12 per 50-pound bag or
equivalent to $0.10 per 40-pound carton
of Vidalia onions. The assessment rate
of $0.10 per 40-pound carton is $0.0001
Paperwork Reduction Act of 1995
per pound more than the assessment
These regulations contain no
rate previously in effect. The Committee
information collection or record keeping locally administers the marketing order
requirements under the Paperwork
which regulates the handling of Vidalia
Reduction Act of 1995 (44 U.S.C. 3507
onions grown in Georgia. Authorization
et seq.).
to assess Vidalia onion handlers enables
the Committee to incur expenses that
CHAPTER XIV—FEDERAL LABOR
RELATIONS AUTHORITY
are reasonable and necessary to
administer the program. The fiscal
I For the reasons set out in the preamble
and under the authority of 5 U.S.C. 7134, period began January 1 and ends
December 31. The assessment rate will
Appendix A to 5 CFR Ch. XIV is
remain in effect indefinitely unless
amended as follows:
modified, suspended, or terminated.
I Appendix A to 5 CFR Ch. XIV,
EFFECTIVE DATE: August 19, 2005.
paragraphs (d)(1) and (d)(2), are revised
to read as follows:
FOR FURTHER INFORMATION CONTACT:
Doris Jamieson, Southeast Marketing
Appendix A to 5 CFR Ch. XIV—Current
Field Office, Marketing Order
Addresses and Geographic
Administration Branch, Fruit and
Jurisdictions
Vegetable Programs, AMS, USDA, 799
*
*
*
*
*
Overlook Drive, Suite A, Winter Haven,
(d) * * *
Florida 33884–1671; Telephone: (863)
(1) Boston, Massachusetts Regional
324–3375, Fax: (863) 325–8793; or
Office—10 Causeway Street, Suite 472,
George Kelhart, Technical Advisor,
Boston, MA 02222–1043; telephone: (617)
Marketing Order Administration
565–5100; fax: (617) 565–6262.
Branch, Fruit and Vegetable Programs,
(2) Washington, DC Regional Office—1400
AMS, USDA, 1400 Independence
K Street NW., Suite 200, Washington, DC
20424–0001; telephone: (202) 357–6029; fax:
Avenue SW., STOP 0237, Washington,
(202) 482–6724.
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938.
*
*
*
*
*
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
E:\FR\FM\20JYR1.SGM
20JYR1
41606
Federal Register / Vol. 70, No. 138 / Wednesday, July 20, 2005 / Rules and Regulations
Small businesses may request
information on complying with this
regulation by contacting Jay Guerber,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence
Avenue SW., STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or E-mail:
Jay.Guerber@usda.gov.
This rule
is issued under Marketing Agreement
and Marketing Order No. 955, both as
amended (7 CFR part 955), regulating
the handling of Vidalia onions grown in
Georgia, 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.’’
USDA 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, Vidalia 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 Vidalia
onions beginning January 1, 2005, and
continue 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 USDA 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 USDA 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 USDA’s ruling on the petition,
provided an action is filed not later than
20 days after the date of the entry of the
ruling.
This rule continues in effect the
action that increased the assessment rate
and changed the assessable unit
established for the Vidalia Onion
Committee (Committee) for the 2005
and subsequent fiscal periods from
$0.12 per 50-pound bag or equivalent to
SUPPLEMENTARY INFORMATION:
VerDate jul<14>2003
14:19 Jul 19, 2005
Jkt 205001
$0.10 per 40-pound carton of Vidalia
onions. The assessment rate of $0.10 per
40-pound carton is $0.0001 per pound
more than the assessment rate
previously in effect.
The Vidalia onion order provides
authority for the Committee, with the
approval of USDA, 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 Vidalia onions. 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.
For the 2001–02 and subsequent fiscal
periods, the Committee recommended,
and USDA approved, an assessment rate
of $0.12 per 50-pound bag or equivalent
that would continue in effect from 2001
and subsequent fiscal periods unless
modified, suspended, or terminated by
USDA upon recommendation and
information submitted by the
Committee or other information
available to USDA.
The Committee met December 15,
2004, and unanimously recommended
2005 expenditures of $450,300 and an
assessment rate of $0.10 per 40-pound
carton of Vidalia onions. In comparison,
last year’s budgeted expenditures were
$312,215. The assessment rate of $0.10
per 40-pound carton is $0.0001 per
pound more than the rate currently in
effect. The increase in the assessment
rate is based on the reduction in size of
the assessable unit from 50-pounds to
40-pounds. Although the reduction in
size of the assessable unit increases the
number of assessable cartons, it only
slightly increases the actual assessment
per pound of Vidalia onions handled
from $0.0024 per pound to $0.0025 per
pound.
The major expenditures
recommended by the Committee for the
2005 year include $92,500 for salaries
and benefits, $59,800 for administrative
expenses, $290,000 for marketing
expenses, $5,000 for research expenses,
and $3,000 for compliance. Budgeted
expenses for these items in 2004 were
$66,280, $237,435, $7,500, $1000, and
$0, respectively.
The assessment rate recommended by
the Committee was derived by
multiplying the assessment rate by the
number of 40-pound cartons of Vidalia
onions the industry is expected to ship
for the 2005 fiscal period, and took into
consideration the availability of
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
matching funds for research and
promotion from the State of Georgia.
Vidalia onion shipments for the 2005
fiscal period are estimated at 3,350,000
40-pound cartons which should provide
$335,000 in assessment income. Income
derived from handler assessments,
interest income ($3,000), contributions
from the Georgia Department of
Agriculture ($150,000), and income
from the sale of Point-of-Sale
advertisement material ($6,000) will be
adequate to cover budgeted expenses.
Funds in the reserve (currently $67,331)
will be kept within the maximum
permitted by the order, which is three
fiscal periods’ budgeted expenses
(§ 955.44).
The assessment rate established in
this rule will continue in effect
indefinitely unless modified,
suspended, or terminated by USDA
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
USDA. Committee meetings are open to
the public and interested persons may
express their views at these meetings.
USDA 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 2005 budget and those for
subsequent fiscal periods will be
reviewed and, as appropriate, approved
by USDA.
Final Regulatory Flexibility Analysis
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. Accordingly,
AMS has prepared this final regulatory
flexibility analysis.
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.
E:\FR\FM\20JYR1.SGM
20JYR1
Federal Register / Vol. 70, No. 138 / Wednesday, July 20, 2005 / Rules and Regulations
There are approximately 145
producers of Vidalia onions in the
production area and approximately 110
handlers subject to regulation under the
marketing order. Small agricultural
producers are defined by the Small
Business Administration (13 CFR
121.201) as those having annual receipts
of less than $750,000, and small
agricultural service firms, which
include handlers, are defined as those
whose annual receipts are less than
$6,000,000.
Based on information from the
Georgia Agricultural Statistical Service
and Committee data, around 90 percent
of Vidalia onion handlers ship under
$5,000,000 worth of onions on an
annual basis. In addition, based on
acreage, production, grower prices
reported by the National Agricultural
Statistics Service, and the total number
of Vidalia onion growers, the average
annual grower revenue is approximately
$489,000. Thus, the majority of handlers
and producers of Vidalia onions may be
classified as small entities.
This rule continues in effect the
action that increased the assessment rate
and changed the assessable unit from
$0.12 per 50-pound bag or equivalent to
$0.10 per 40-pound carton of Vidalia
onions for the 2005 and subsequent
fiscal periods. The Committee
unanimously recommended 2005
expenditures of $450,300 and an
assessment rate of $0.10 per 40-pound
carton of Vidalia onions. The
assessment rate of $0.10 per 40-pound
carton is $0.0001 per pound higher than
the $0.12 per 50-pound bag or
equivalent assessment rate in effect
during 2004. The quantity of assessable
Vidalia onions for the 2005 season is
estimated at 3,350,000 40-pound
cartons. Thus, the $0.10 per 40-pound
carton rate should provide $335,000 in
assessment income. Income derived
from handler assessments, interest
income ($3,000), contributions from the
Georgia Department of Agriculture
($150,000), and income from the sale of
Point-of-Sale advertisement material
($6,000) will be adequate to cover
budgeted expenses.
The major expenditures
recommended by the Committee for the
2005 year include $92,500 for salaries,
$59,800 for administrative expenses,
$290,000 for marketing expenses, $5,000
for research expenses, and $3,000 for
compliance. Budgeted expenses for
these items in 2004 were $66,280,
$237,435, $7,500, $1,000, and $0,
respectively.
The Committee at its December 15,
2004, meeting unanimously
recommended reducing the assessable
carton size from a 50-pound bag or
VerDate jul<14>2003
14:19 Jul 19, 2005
Jkt 205001
equivalent to the current industry
standard 40-pound carton size. The
reduction in the assessable unit size
increases the number of assessable
units. The assessable unit size reduction
also causes a slight increase in the
actual per pound rate of assessment
from $0.0024 to $0.0025, or an increase
of $0.0001 per pound.
The Committee reviewed and
unanimously recommended 2005
expenditures of $450,300 which
included increases in marketing,
compliance, administrative expenses,
and research programs. Prior to arriving
at this budget, the Committee
considered information from various
sources. Alternative expenditure levels
were discussed by the Committee based
upon the relative value of various
research and promotion projects to the
Vidalia onion industry. The Committee
also discussed keeping the current $0.12
per 50-pound bag or equivalent
assessment rate. The Committee
believes, however, that using the current
industry standard unit of 40-pounds
will increase efficiency by saving
handlers the considerable time and
expense previously spent in converting
40-pound units to the 50-pound
assessment rate unit. The Committee
also felt that the slight increase of
$0.0001 per pound in assessments is
insignificant when considering the
benefits of using the industry standard
unit. Thus, the assessment rate of $0.10
per 40-pound carton of assessable
Vidalia onions was approved
unanimously. The expected income was
derived by multiplying the assessment
rate by the estimated number of 40pound cartons the industry expects to
ship for the 2005 season. Also available
for expenditure are interest income and
matching funds from the State of
Georgia (for expenditures pursuant to
§ 955.50; production research,
marketing research development, and
marketing promotion, including paid
advertising).
A review of historical information and
preliminary information pertaining to
the upcoming fiscal period indicates
that the grower price for the 2005 season
could range between $13.75 and $17.15
per 40-pound carton of Vidalia onions.
Therefore, the estimated assessment
revenue for the 2005 fiscal period as a
percentage of total grower revenue
could range between 0.58 and 0.73
percent.
This action continues in effect the
action that increased the assessment
obligation imposed on handlers. While
assessments impose some additional
costs on handlers, the costs are minimal
and uniform on all handlers. Some of
the additional costs may be passed on
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
41607
to producers. However, these costs are
offset by the benefits derived by the
operation of the marketing order. As
noted earlier, the savings in time and
expense previously spent on converting
the industry standard 40-pound carton
to the 50-pound unit used by the
Committee more than offsets the
negligible assessment increase of
$0.0001 per pound of onions handled.
In addition, the Committee’s meeting
was widely publicized throughout the
Vidalia onion industry and all
interested persons were invited to
attend the meeting and participate in
Committee deliberations on all issues.
Like all Committee meetings, the
December 15, 2004, meeting was a
public meeting and all entities, both
large and small, were able to express
views on this issue.
This action imposes no additional
reporting or recordkeeping requirements
on either small or large Vidalia onion
handlers. As with all Federal marketing
order programs, reports and forms are
periodically reviewed to reduce
information requirements and
duplication by industry and public
sector agencies.
USDA has not identified any relevant
Federal rules that duplicate, overlap, or
conflict with this rule.
An interim final rule concerning this
action was published in the Federal
Register on March 8, 2005 (70 FR
11114). Copies of that rule were also
mailed or sent via facsimile to all
Vidalia onion handlers. Finally, the
interim final rule was made available
through the Internet by USDA and the
Office of the Federal Register. A 60-day
comment period was provided for
interested persons to respond to the
interim final rule. The comment period
ended on May 9, 2005. One comment
was received.
The commenter stated that
agricultural industry participants do not
need government financial support to
compete. However, the purpose of this
action is to establish the assessment
collection rate imposed on handlers,
which enables the Committee to incur
expenses to administer the program.
Therefore, no changes will be made as
a result of the comment.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov/
fv/moab.html. Any questions about the
compliance guide should be sent to Jay
Guerber at the previously mentioned
address in the FOR FURTHER INFORMATION
CONTACT section.
After consideration of all relevant
material presented, including the
information and recommendation
E:\FR\FM\20JYR1.SGM
20JYR1
41608
Federal Register / Vol. 70, No. 138 / Wednesday, July 20, 2005 / Rules and Regulations
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.
List of Subjects in 7 CFR Part 955
Onions, Marketing agreements,
Reporting and recordkeeping
requirements.
PART 955—VIDALIA ONIONS GROWN
IN GEORGIA
Accordingly, the interim final rule
amending 7 CFR part 955 which was
published at 70 FR 11114 on March 8,
2005, is adopted as a final rule without
change.
I
Dated: July 14, 2005.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 05–14261 Filed 7–19–05; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
Conservation Service, P.O. Box 2890,
Washington, DC 20013–2890, or by email to FarmBillRules@usda.gov; Attn:
Conservation Security Program.
The amended interim final rule may
also be accessed via the Internet through
the NRCS homepage, at https://
www.nrcs.usda.gov, and by selecting
Programs. All comments, including
names and addresses when provided,
are placed in the record and are
available for public inspection.
FOR FURTHER INFORMATION CONTACT:
Craig Derickson, Conservation Security
Program Manager, Financial Assistance
Programs Division, NRCS, P.O. Box
2890, Washington, DC 20013–2890,
telephone: (202) 720–1845; fax: (202)
720–4265. Submit e-mail to:
craig.derickson@wdc.usda.gov,
Attention: Conservation Security
Program.
Signed in Washington, DC, on July 14,
2005.
Bruce I. Knight,
Chief, Natural Resources Conservation
Service, Vice President, Commodity Credit
Corporation.
[FR Doc. 05–14297 Filed 7–19–05; 8:45 am]
BILLING CODE 3410–16–P
Natural Resources Conservation
Service
DEPARTMENT OF AGRICULTURE
7 CFR Part 1469
Animal and Plant Health Inspection
Service
Conservation Security Program
Commodity Credit Corporation
and the Natural Resources Conservation
Service, USDA.
ACTION: Interim final rule; extension of
public comment period.
9 CFR Parts 93, 94, and 95
SUMMARY: The Conservation Security
Program (CSP) is authorized by Title
XII, Chapter 2, Subchapter A, of the
Food Security Act of 1985, as amended
by the Farm Security and Rural
Investment Act of 2002. The Natural
Resources Conservation Service (NRCS)
published an amendment to the interim
final rule for CSP on March 25, 2005,
(70 FR 15201), with a comment period
expiring July 25, 2005. By this notice,
NRCS is extending the period during
which it will accept public comment on
the amended interim final rule for CSP
to September 9, 2005. This extension is
to give the public additional time to
comment on key issues that have been
raised regarding the implementation of
the program under the amended interim
final rule.
DATES: Comments must be postmarked
by midnight, September 9, 2005.
ADDRESSES: Send comments in writing,
by mail, to Financial Assistance
Programs Division, Natural Resources
AGENCY:
AGENCY:
VerDate jul<14>2003
14:19 Jul 19, 2005
Jkt 205001
[Docket No. 04–011–3]
Highly Pathogenic Avian Influenza;
Additional Restrictions
Animal and Plant Health
Inspection Service, USDA.
ACTION: Affirmation of interim rule as
final rule.
SUMMARY: We are adopting as a final
rule, without change, an interim rule
that amended the regulations
concerning the importation of animals
and animal products to prohibit or
restrict the importation of birds, poultry,
and unprocessed birds and poultry
products from regions that have
reported the presence of the H5N1
subtype of highly pathogenic avian
influenza and to establish additional
permit and quarantine requirements for
U.S. origin pet birds and performing or
theatrical birds and poultry returning to
the United States. The interim rule was
necessary to prevent the introduction of
highly pathogenic avian influenza
subtype H5N1 into the United States.
EFFECTIVE DATE: The interim rule
became effective on February 4, 2004.
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
Dr.
Karen A. James-Preston, Director,
National Center for Import and Export,
Technical Trade Services, VS, APHIS,
4700 River Road Unit 38, Riverdale, MD
20737–1231; (301) 734–8172.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
Avian influenza (AI) is a disease that
can cause varying degrees of clinical
illness in poultry. AI viruses can infect
chickens, turkeys, pheasants, quail,
ducks, geese, and guinea fowl, as well
as a wide variety of other birds.
Migratory waterfowl have proved to be
the natural reservoir for this disease. AI
viruses can be classified into low
pathogenic (LPAI) and highly
pathogenic (HPAI) forms based on the
severity of the illness they cause. Most
AI virus strains are LPAI and typically
cause little or no clinical signs in
infected birds. However, some LPAI
virus strains are capable of mutating
under field conditions into HPAI
viruses, which are extremely infectious
and fatal for chickens. HPAI can strike
poultry quickly without any infection
warning signs and, once established, the
disease can spread rapidly from flock to
flock. HPAI viruses can also be spread
by manure, equipment, vehicles, egg
flats, crates, and people whose clothing
or shoes have come in contact with the
virus. HPAI viruses can remain viable at
moderate temperatures for long periods
in the environment and can survive
indefinitely in frozen material. In some
instances, HPAI may even be
transmitted to humans, with human
infections of AI viruses on the rise in
recent years.
The Animal and Plant Health
Inspection Service (APHIS) of the
United States Department of Agriculture
(USDA or the Department) regulates the
importation of animals and animal
products into the United States to guard
against the introduction of animal
diseases such as AI. The regulations in
9 CFR parts 93, 94, and 95 (referred to
below as the regulations) govern the
importation of certain animals, birds,
poultry, meat, other animal products
and byproducts, hay, and straw into the
United States in order to prevent the
introduction of various animal diseases,
including AI.
In an interim rule effective February
4, 2004, and published in the Federal
Register on May 10, 2004 (69 FR 25820–
25826, Docket No. 04–011–1), we
amended the regulations to require that
all pet birds and performing and
theatrical birds and poultry of United
States origin be subject to a 30-day
quarantine at a USDA facility when they
have spent any length of time in a
E:\FR\FM\20JYR1.SGM
20JYR1
]]>Agencies
[Federal Register Volume 70, Number 138 (Wednesday, July 20, 2005)]
[Rules and Regulations]
[Pages 41605-41608]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14261]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 955
[Docket No. FV05-955-1 FIR]
Vidalia Onions Grown in Georgia; Increased Assessment Rate
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Agriculture (USDA) is adopting, as a final
rule, without change, an interim final rule which increased the
assessment rate and changed the assessable unit established for the
Vidalia Onion Committee (Committee) for the 2005 and subsequent fiscal
periods from $0.12 per 50-pound bag or equivalent to $0.10 per 40-pound
carton of Vidalia onions. The assessment rate of $0.10 per 40-pound
carton is $0.0001 per pound more than the assessment rate previously in
effect. The Committee locally administers the marketing order which
regulates the handling of Vidalia onions grown in Georgia.
Authorization to assess Vidalia onion handlers enables the Committee to
incur expenses that are reasonable and necessary to administer the
program. The fiscal period began January 1 and ends December 31. The
assessment rate will remain in effect indefinitely unless modified,
suspended, or terminated.
EFFECTIVE DATE: August 19, 2005.
FOR FURTHER INFORMATION CONTACT: Doris Jamieson, Southeast Marketing
Field Office, Marketing Order Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, 799 Overlook Drive, Suite A, Winter
Haven, Florida 33884-1671; Telephone: (863) 324-3375, Fax: (863) 325-
8793; or George Kelhart, Technical Advisor, Marketing Order
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400
Independence Avenue SW., STOP 0237, Washington, DC 20250-0237;
Telephone: (202) 720-2491, Fax: (202) 720-8938.
[[Page 41606]]
Small businesses may request information on complying with this
regulation by contacting Jay Guerber, Marketing Order Administration
Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence
Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-
2491, Fax: (202) 720-8938, or E-mail: Jay.Guerber@usda.gov.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing
Agreement and Marketing Order No. 955, both as amended (7 CFR part
955), regulating the handling of Vidalia onions grown in Georgia,
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.''
USDA 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, Vidalia 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 Vidalia onions
beginning January 1, 2005, and continue 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 USDA 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 USDA 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 USDA's ruling on the petition,
provided an action is filed not later than 20 days after the date of
the entry of the ruling.
This rule continues in effect the action that increased the
assessment rate and changed the assessable unit established for the
Vidalia Onion Committee (Committee) for the 2005 and subsequent fiscal
periods from $0.12 per 50-pound bag or equivalent to $0.10 per 40-pound
carton of Vidalia onions. The assessment rate of $0.10 per 40-pound
carton is $0.0001 per pound more than the assessment rate previously in
effect.
The Vidalia onion order provides authority for the Committee, with
the approval of USDA, 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 Vidalia onions.
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.
For the 2001-02 and subsequent fiscal periods, the Committee
recommended, and USDA approved, an assessment rate of $0.12 per 50-
pound bag or equivalent that would continue in effect from 2001 and
subsequent fiscal periods unless modified, suspended, or terminated by
USDA upon recommendation and information submitted by the Committee or
other information available to USDA.
The Committee met December 15, 2004, and unanimously recommended
2005 expenditures of $450,300 and an assessment rate of $0.10 per 40-
pound carton of Vidalia onions. In comparison, last year's budgeted
expenditures were $312,215. The assessment rate of $0.10 per 40-pound
carton is $0.0001 per pound more than the rate currently in effect. The
increase in the assessment rate is based on the reduction in size of
the assessable unit from 50-pounds to 40-pounds. Although the reduction
in size of the assessable unit increases the number of assessable
cartons, it only slightly increases the actual assessment per pound of
Vidalia onions handled from $0.0024 per pound to $0.0025 per pound.
The major expenditures recommended by the Committee for the 2005
year include $92,500 for salaries and benefits, $59,800 for
administrative expenses, $290,000 for marketing expenses, $5,000 for
research expenses, and $3,000 for compliance. Budgeted expenses for
these items in 2004 were $66,280, $237,435, $7,500, $1000, and $0,
respectively.
The assessment rate recommended by the Committee was derived by
multiplying the assessment rate by the number of 40-pound cartons of
Vidalia onions the industry is expected to ship for the 2005 fiscal
period, and took into consideration the availability of matching funds
for research and promotion from the State of Georgia. Vidalia onion
shipments for the 2005 fiscal period are estimated at 3,350,000 40-
pound cartons which should provide $335,000 in assessment income.
Income derived from handler assessments, interest income ($3,000),
contributions from the Georgia Department of Agriculture ($150,000),
and income from the sale of Point-of-Sale advertisement material
($6,000) will be adequate to cover budgeted expenses. Funds in the
reserve (currently $67,331) will be kept within the maximum permitted
by the order, which is three fiscal periods' budgeted expenses (Sec.
955.44).
The assessment rate established in this rule will continue in
effect indefinitely unless modified, suspended, or terminated by USDA
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 USDA.
Committee meetings are open to the public and interested persons may
express their views at these meetings. USDA 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 2005 budget and those for
subsequent fiscal periods will be reviewed and, as appropriate,
approved by USDA.
Final Regulatory Flexibility Analysis
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. Accordingly, AMS has
prepared this final regulatory flexibility analysis.
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.
[[Page 41607]]
There are approximately 145 producers of Vidalia onions in the
production area and approximately 110 handlers subject to regulation
under the marketing order. Small agricultural producers are defined by
the Small Business Administration (13 CFR 121.201) as those having
annual receipts of less than $750,000, and small agricultural service
firms, which include handlers, are defined as those whose annual
receipts are less than $6,000,000.
Based on information from the Georgia Agricultural Statistical
Service and Committee data, around 90 percent of Vidalia onion handlers
ship under $5,000,000 worth of onions on an annual basis. In addition,
based on acreage, production, grower prices reported by the National
Agricultural Statistics Service, and the total number of Vidalia onion
growers, the average annual grower revenue is approximately $489,000.
Thus, the majority of handlers and producers of Vidalia onions may be
classified as small entities.
This rule continues in effect the action that increased the
assessment rate and changed the assessable unit from $0.12 per 50-pound
bag or equivalent to $0.10 per 40-pound carton of Vidalia onions for
the 2005 and subsequent fiscal periods. The Committee unanimously
recommended 2005 expenditures of $450,300 and an assessment rate of
$0.10 per 40-pound carton of Vidalia onions. The assessment rate of
$0.10 per 40-pound carton is $0.0001 per pound higher than the $0.12
per 50-pound bag or equivalent assessment rate in effect during 2004.
The quantity of assessable Vidalia onions for the 2005 season is
estimated at 3,350,000 40-pound cartons. Thus, the $0.10 per 40-pound
carton rate should provide $335,000 in assessment income. Income
derived from handler assessments, interest income ($3,000),
contributions from the Georgia Department of Agriculture ($150,000),
and income from the sale of Point-of-Sale advertisement material
($6,000) will be adequate to cover budgeted expenses.
The major expenditures recommended by the Committee for the 2005
year include $92,500 for salaries, $59,800 for administrative expenses,
$290,000 for marketing expenses, $5,000 for research expenses, and
$3,000 for compliance. Budgeted expenses for these items in 2004 were
$66,280, $237,435, $7,500, $1,000, and $0, respectively.
The Committee at its December 15, 2004, meeting unanimously
recommended reducing the assessable carton size from a 50-pound bag or
equivalent to the current industry standard 40-pound carton size. The
reduction in the assessable unit size increases the number of
assessable units. The assessable unit size reduction also causes a
slight increase in the actual per pound rate of assessment from $0.0024
to $0.0025, or an increase of $0.0001 per pound.
The Committee reviewed and unanimously recommended 2005
expenditures of $450,300 which included increases in marketing,
compliance, administrative expenses, and research programs. Prior to
arriving at this budget, the Committee considered information from
various sources. Alternative expenditure levels were discussed by the
Committee based upon the relative value of various research and
promotion projects to the Vidalia onion industry. The Committee also
discussed keeping the current $0.12 per 50-pound bag or equivalent
assessment rate. The Committee believes, however, that using the
current industry standard unit of 40-pounds will increase efficiency by
saving handlers the considerable time and expense previously spent in
converting 40-pound units to the 50-pound assessment rate unit. The
Committee also felt that the slight increase of $0.0001 per pound in
assessments is insignificant when considering the benefits of using the
industry standard unit. Thus, the assessment rate of $0.10 per 40-pound
carton of assessable Vidalia onions was approved unanimously. The
expected income was derived by multiplying the assessment rate by the
estimated number of 40-pound cartons the industry expects to ship for
the 2005 season. Also available for expenditure are interest income and
matching funds from the State of Georgia (for expenditures pursuant to
Sec. 955.50; production research, marketing research development, and
marketing promotion, including paid advertising).
A review of historical information and preliminary information
pertaining to the upcoming fiscal period indicates that the grower
price for the 2005 season could range between $13.75 and $17.15 per 40-
pound carton of Vidalia onions. Therefore, the estimated assessment
revenue for the 2005 fiscal period as a percentage of total grower
revenue could range between 0.58 and 0.73 percent.
This action continues in effect the action that increased the
assessment obligation imposed on handlers. While assessments impose
some additional costs on handlers, the costs are minimal and uniform on
all handlers. Some of the additional costs may be passed on to
producers. However, these costs are offset by the benefits derived by
the operation of the marketing order. As noted earlier, the savings in
time and expense previously spent on converting the industry standard
40-pound carton to the 50-pound unit used by the Committee more than
offsets the negligible assessment increase of $0.0001 per pound of
onions handled. In addition, the Committee's meeting was widely
publicized throughout the Vidalia onion industry and all interested
persons were invited to attend the meeting and participate in Committee
deliberations on all issues. Like all Committee meetings, the December
15, 2004, meeting was a public meeting and all entities, both large and
small, were able to express views on this issue.
This action imposes no additional reporting or recordkeeping
requirements on either small or large Vidalia onion handlers. As with
all Federal marketing order programs, reports and forms are
periodically reviewed to reduce information requirements and
duplication by industry and public sector agencies.
USDA has not identified any relevant Federal rules that duplicate,
overlap, or conflict with this rule.
An interim final rule concerning this action was published in the
Federal Register on March 8, 2005 (70 FR 11114). Copies of that rule
were also mailed or sent via facsimile to all Vidalia onion handlers.
Finally, the interim final rule was made available through the Internet
by USDA and the Office of the Federal Register. A 60-day comment period
was provided for interested persons to respond to the interim final
rule. The comment period ended on May 9, 2005. One comment was
received.
The commenter stated that agricultural industry participants do not
need government financial support to compete. However, the purpose of
this action is to establish the assessment collection rate imposed on
handlers, which enables the Committee to incur expenses to administer
the program. Therefore, no changes will be made as a result of the
comment.
A small business guide on complying with fruit, vegetable, and
specialty crop marketing agreements and orders may be viewed at: http:/
/www.ams.usda.gov/fv/moab.html. Any questions about the compliance
guide should be sent to Jay Guerber at the previously mentioned address
in the FOR FURTHER INFORMATION CONTACT section.
After consideration of all relevant material presented, including
the information and recommendation
[[Page 41608]]
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.
List of Subjects in 7 CFR Part 955
Onions, Marketing agreements, Reporting and recordkeeping
requirements.
PART 955--VIDALIA ONIONS GROWN IN GEORGIA
0
Accordingly, the interim final rule amending 7 CFR part 955 which was
published at 70 FR 11114 on March 8, 2005, is adopted as a final rule
without change.
Dated: July 14, 2005.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 05-14261 Filed 7-19-05; 8:45 am]
BILLING CODE 3410-02-P
