Document Qg6Jar0XZ6gBpp613pQRxKVq7

Federal Register / Vol. 51. No. 119 / Friday, June 20, 1986 / Proposed Rules 22529 from the. Slate of Oregon, the State of Washington, or the State of California. Each handler shall pay, upon billing, assessments on all pears handled by such handler as the pro rata share of the expenses which the Secretary Finds are reasonable and are likely to be incurred by the Control Committee during a fiscal period. The payment of assessments for the maintenance and functioning of the Control Committee may be required under this part throughout the period such assessments are payable irrespective of whether particular provisions thereof are suspended or become inoperative. (b) Based upon a recommendation of the ControlCommittee or other available data, the Secretary shall fix the rate of assessment that handlers shall pay on all pears handled during each fiscal period, and may also fix supplemental rates of assessment on Individual varieties or subvarieties to secure sufficient funds to provide for projects authorized under $ 927.47. At any time during the fiscal period when it is determined on the basis of a committee recommendation or other information that a different rate is necessary for all pears or for any varieties or subt/arieties, the Secretary may modify a rate of assessment and such new rate shall apply to any or all varieties or subvarieties.that are .. shipped during the fiscal period. (cj The Control Committee may !. impose a late payment charge on any handler who fails to pay any assessment within the time prescribed by pie . committee. In the event the handler thereafter fails to pay the amount ; outstanding, including the late payment charge, within the prescribed time, the Control Committee may impose an additional charge in the form of interest ,. ' on such outstanding amount. The . amount of such late payment charge and rate of interest shall be prescribed by the Control Committee, with the approval of the Secretary. (d) In order to provide funds to carry out the functions of the Control ' Committee prior to commencement of :ar. shipments in any season, handlers may : make advance payments of assessments, which advance payments shall be credited to such handlers and the assessments of such handlers shall be adjusted so that such assessments are based upon the quantity of each variety of pears handled by such handlers during such season. Further, payment discounts may be authorized by the Control Committee upon the approval of the Secretary to handlers making such advance assessment payments. Revise 927.47 to read: 9 927.47 Research and development The Control Committee, with the approval of the Secretary, may establish or provide for the establishment of production research or marketing research and development projects designed to assist, improve, or promote the marketing, distribution, and consumption of pears. Such projects may provide for any form of marketing promotion, including paid advertising. The expense of such projects shall be paid from funds collected pursuant to 927.41. Expenditures for a particular variety of pears shall approximate the amount of assessments collected for that variety of pears. Revised $.927.52 to read: $ 927.52 Prerequisites to Control Committee recommendations. (a) Decisions of the Control Committee with respect to any recommendations to the Secretary pursuant to the establishment or modification of a supplemental rate of assessment for an individual variety of pears shall be made by an affirmative vote of not less than 75 percent of the applicable total number of votes, computed in the manner hereinafter, described in this section, of all . committee members. Decisions of the Control Committee pursuant to the provisions of 9 927.50 shall be made by an affirmative vote of not less than. 80 percent of the applicable total number of votes, computed in the manner hereinafter prescribed in this section, of all committee members. (b) With respect to a particular variety of pears, the applicable total number of votes.shall be the aggregate of the votes allotted to the members of the committee in accordance with the following: Each member shall have one vote as an individual and, in addition, shall have an equal share of the vote of the district represented by such member: and such district vote shall .be computed by the Control Committee as soon as practical after the beginning of each fiscal period on either: (1) The basis of one vote for each 25,000 boxes (except 2,500 boxes for Forelle and Seckel varieties) of the average quantity of such variety produced in the particular district and shipped there from during the immediately preceding three fiscal periods to destinations outside the State in which produced; or (2) such other basis as the Control Committee may recommend and the Secretary may approve. The votes so allotted to a member of the committee may be cast by such member on each ' recommendation relative to the variety of pears on which such votes were computed. Revise paragraphs (c) and (d) and add a new paragraph (e) to 927.78 to read: 9 927.78 Termination. * **** (c) The Secretary shall terminate the provisions of this subpart at the end of any fiscal period whenever the Secretary finds that such termination is favored by a majority of the growers of pears who, during such fiscal period, have been engaged in the area in the production of pears for market: Provided, That such majority have produced for market during such period more than 50 percent of the volume of pears produced for market in the area. Such termination shall be effective only if announced on or before the last day of the then current fiscal period. (d) The Secretary shall conduct a referendum within every six-year period beginning on the date this section becomes effective, to ascertain whether continuance of this subpaft is favored by producers. The Secretary may terminate the provisions of this subpart at the end of any fiscal period in which the Secretary has found that continuance of this subpart is not favored by producers who, during a representative period determined by the Secretary, have been engaged in the production for. market of pears in the production area: Provided, That ' termination of the ordershall be effective only If announced on or before the last day of the then current fiscal period. (e) The provisions of this part shall, in any event, terminate whenever the provisions of the act authorizing them cease to be in effect. (FR Doc. 88-13952 Filed 6-19-80; 8:45 am) BILLING CODE 3410-03-M Animal and Plant Health Inspection Service 9 CFR Part 92 [Docket No. 85-119] Bird Quarantine Facilities agency: Animal and Plant Health' Inspection Service, USDA. ACTION: Proposed rule. summary: This document proposes to amend the regulations concerning the importation of birds into the United States. Specifically, this document proposes to amend the regulations by extending the time period allowed for certain applicants selected for consideration for approval of privatelyoperated bird quarantine facilities in GLEASON-000794