Hazelnuts Grown in Oregon and Washington; Continuance Referendum, 1839-1840 [05-471]
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Federal Register / Vol. 70, No. 7 / Tuesday, January 11, 2005 / Proposed Rules
Small agricultural producers are defined
by the Small Business Administration
(13 CFR 121.201) as those having annual
receipts less than $750,000 and small
agricultural service firms are defined as
those whose annual receipts are less
than $5,000,000.
Last year, eight of the 20 handlers
subject to regulation had annual grape
sales of at least $5,000,000. In addition,
10 of the 50 producers had annual sales
of at least $750,000. Therefore, a
majority of handlers and producers may
be classified as small entities.
This rule would increase the
assessment rate established for the
committee and collected from handlers
for the 2005 and subsequent fiscal
periods from $0.015 to $0.0175 per 18pound lug of grapes. The committee
unanimously recommended
expenditures of $210,691 and an
assessment rate of $0.0175 per 18-pound
lug of grapes for the 2005 fiscal period.
The proposed assessment rate of
$0.0175 is $0.0025 higher than the 2005
rate. The number of assessable grapes is
estimated at 8.5 million 18-pound lugs.
Thus, the $0.0175 rate should provide
$148,750 in assessment income. Income
derived from handler assessments, along
with interest income and funds from the
committee’s authorized carry-in reserves
should be adequate to cover budgeted
expenses in 2005.
The expenditures recommended by
the committee for the 2005 fiscal period
include $125,000 for research, $5,000
for compliance activities, $45,500 for
salaries and payroll expenses, and
$32,191 for other expenses. Budgeted
expenses for these items in 2004 were
$100,000 for research, $10,000 for
compliance activities, $43,500 for
salaries, and $34,591 for other expenses.
The committee reviewed and
unanimously recommended 2005
expenditures of $210,691 which
included increases in salaries and
research programs. Prior to arriving at
this budget, the committee considered
alternative expenditure and assessment
rate levels, but ultimately decided that
the recommended levels were
reasonable to properly administer the
order.
The assessment rate recommended by
the committee was derived by the
following formula: Total shipments (8.5
million 18-pound lugs) times the
recommended assessment rate ($0.0175
per 18-pound lug), plus the anticipated
interest income ($300) and the 2005
beginning reserve ($78,000), minus the
anticipated expenses ($210,691), results
in a 2005 ending reserve ($16,359).
This rate would provide sufficient
funds in combination with interest and
reserve funds to meet the anticipated
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09:37 Jan 10, 2005
Jkt 205001
expenses of $210,691 and result in a
December 2005 ending reserve of
$16,359, which is acceptable to the
committee. The December 2005 ending
reserve would be within the maximum
permitted by the order. As required
under § 925.41 of the order, the ending
reserve must be kept within
approximately one fiscal period’s
expenses.
A review of historical information and
preliminary information pertaining to
the upcoming fiscal period indicates
that the on-vine grower price for the
2005 season could range between $5.00
and $9.00 per 18-pound lug of grapes.
Therefore, the estimated assessment
revenue for the 2005 fiscal period as a
percentage of total grower revenue
could range between 0.2 and 0.4
percent.
This action would increase 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 would be offset by
the benefits derived by the operation of
the marketing order.
In addition, the committee’s meeting
was widely publicized throughout the
grape production area and all interested
persons were invited to attend the
meeting and participate in committee
deliberations on all issues. Like all
committee meetings, the November 9,
2004, meeting was a public meeting and
all entities, both large and small, were
able to express views on this issue.
Finally, interested persons are invited to
submit information on the regulatory
and informational impacts of this action
on small businesses.
This proposed rule would impose no
additional reporting or recordkeeping
requirements on either small or large
production area grape 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.
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.
A 30-day comment period is provided
to allow interested persons to respond
to this proposed rule. Thirty days is
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1839
deemed appropriate because: (1) The
2005 fiscal period begins on January 1,
2005, and the marketing order requires
that the rate of assessment for each
fiscal period apply to all assessable
grapes handled during such fiscal
period; (2) the committee needs to have
sufficient funds to pay its expenses
which are incurred on a continuous
basis; and (3) handlers are aware of this
action which was unanimously
recommended by the committee at a
public meeting and is similar to other
assessment rate actions issued in past
years.
List of Subjects in 7 CFR Part 925
Grapes, Marketing agreements,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 7 CFR part 925 is proposed to
be amended as follows:
PART 925—GRAPES GROWN IN A
DESIGNATED AREA OF
SOUTHEASTERN CALIFORNIA
1. The authority citation for 7 CFR
part 925 continues to read as follows:
Authority: 7 U.S.C. 601–674.
2. Section 925.215 is revised to read
as follows:
§ 925.215
Assessment rate.
On and after January 1, 2005, an
assessment rate of $0.0175 per 18-pound
lug is established for grapes grown in a
designated area of southeastern
California.
Dated: January 5, 2005.
Kenneth C. Clayton,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 05–470 Filed 1–10–05; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 982
[Docket No. FV05–982–2]
Hazelnuts Grown in Oregon and
Washington; Continuance Referendum
Agricultural Marketing Service,
USDA.
ACTION: Referendum order.
AGENCY:
SUMMARY: This document directs that a
referendum be conducted among
eligible growers of hazelnuts in Oregon
and Washington, to determine whether
they favor continuance of the marketing
order regulating the handling of
hazelnuts grown in the production area.
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Federal Register / Vol. 70, No. 7 / Tuesday, January 11, 2005 / Proposed Rules
The referendum will be
conducted from February 7 through
February 25, 2005. To vote in this
referendum, growers must have been
producing hazelnuts within the
designated production area in Oregon
and Washington, during the period July
1, 2003, through June 30, 2004.
ADDRESSES: Copies of the marketing
order may be obtained from the office of
the referendum agents at 1220 SW.
Third Avenue, suite 385, Portland,
Oregon 97204–2807, or the Office of the
Docket Clerk, Marketing Order
Administration Branch, Fruit and
Vegetable Programs, Agricultural
Marketing Service, U.S. Department of
Agriculture, 1400 Independence
Avenue, SW., Stop 0237, Washington,
DC 20250–0237.
FOR FURTHER INFORMATION CONTACT:
Barry Broadbent, Marketing Specialist,
Northwest Marketing Field Office,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA, 1220 SW. Third Avenue,
suite 385; telephone (503) 326–2724; fax
(503) 326–7440; or Kathy Finn, Acting
Rulemaking Team Leader, Marketing
Order Administration Branch, Fruit and
Vegetable Programs, Agricultural
Marketing Service, U.S. Department of
Agriculture, 1400 Independence
Avenue, SW., Stop 0237, Washington,
DC 20250–0237; telephone (202) 720–
2491; fax (202) 720–8938.
SUPPLEMENTARY INFORMATION: Pursuant
to Marketing Order No. 982 (7 CFR part
982), hereinafter referred to as the
‘‘order,’’ and the applicable provisions
of the Agricultural Marketing
Agreement Act of 1937, as amended (7
U.S.C. 601–674), hereinafter referred to
as the ‘‘Act,’’ it is hereby directed that
a referendum be conducted to ascertain
whether continuance of the order is
favored by the growers. The referendum
shall be conducted during the period
February 7 through February 25, 2005,
among hazelnut growers in the
production area. Only growers that were
engaged in the production of hazelnuts
in Oregon and Washington during the
period of July 1, 2003, through June 30,
2004, may participate in the
continuance referendum.
USDA has determined that
continuance referenda are an effective
means for determining whether growers
favor continuation of marketing order
programs. The Department would
consider termination of the order if less
than two-thirds of the growers voting in
the referendum and growers of less than
two-thirds of the volume of hazelnuts
represented in the referendum favor
continuance. In evaluating the merits of
continuance versus termination, the
DATES:
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USDA will not only consider the results
of the continuance referendum. The
USDA will also consider all other
relevant information concerning the
operation of the order and the relative
benefits and disadvantages to growers,
handlers, and consumers in order to
determine whether continued operation
of the order would tend to effectuate the
declared policy of the Act.
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the ballot materials to be
used in the referendum herein ordered
have been submitted to and approved by
the Office of Management and Budget
(OMB) and have been assigned OMB
No. 0581–0178. It has been estimated
that it will take an average of 20 minutes
for each of the approximately 750
growers of hazelnuts grown in Oregon
and Washington, to cast a ballot.
Participation is voluntary. Ballots
postmarked after February 25, 2005, will
not be included in the vote tabulation.
Gary D. Olson and Barry Broadbent of
the Northwest Marketing Field Office,
Fruit and Vegetable Programs,
Agricultural Marketing Service, USDA,
are hereby designated as the referendum
agents of the Department to conduct
such referendum. The procedure
applicable to the referendum shall be
the ‘‘Procedure for the Conduct of
Referenda in Connection With
Marketing Orders for Fruits, Vegetables,
and Nuts Pursuant to the Agricultural
Marketing Agreement Act of 1937, as
Amended’’ (7 CFR 900.400 et seq).
Ballots will be mailed to all growers
of record and may also be obtained from
the referendum agents, or from their
appointees.
List of Subjects in 7 CFR Part 982
Hazelnuts, Marketing agreements,
Reporting and recordkeeping
requirements.
Authority: 7 U.S.C. 601–674.
Dated: January 5, 2005.
Kenneth C. Clayton,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 05–471 Filed 1–10–05; 8:45 am]
BILLING CODE 3410–02–P
NATIONAL INDIAN GAMING
COMMISSION
25 CFR Part 542
RIN 3141–AA27
Minimum Internal Control Standards
National Indian Gaming
Commission.
AGENCY:
PO 00000
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Fmt 4702
Sfmt 4702
Proposed rule revisions;
extension of comment period.
ACTION:
SUMMARY: On December 1, 2004, the
National Indian Gaming Commission
(Commission) issued Proposed rule
revisions (69 FR 69847, December 1,
2004) (November 27, 2000) containing
corrections and revisions to the
Commission’s existing regulations
establishing minimum internal control
standards (MICS) for gaming operations
on Indian land and requesting
comments prior to publication of a final
rule. The date for filing comments is
being extended.
DATES: Comments must be received by
February 18, 2005.
ADDRESSES: Mail comments to
‘‘Comments to First Proposed MICS
Rule Revisions, National Indian Gaming
Commission, 1441 L Street, NW.,
Washington, DC 20005, Attn: ViceChairman Nelson Westrin. Comments
may be submitted by facsimile to ViceChairman Westrin at (202) 632–0045,
but the original also must be submitted
to the above address.
FOR FURTHER INFORMATION CONTACT:
Vice-Chairman Nelson Westrin, (202)
632–7003 (not a toll-free number).
SUPPLEMENTARY INFORMATION: In
response to the inherent risks of gaming
enterprises and the resulting need for
effective internal controls in Tribal
gaming operations, the National Indian
Gaming Commission (Commission or
NIGC) first developed Minimum
Internal Control Standards (MICS) for
Indian gaming in 1999, and revised
them in 2002. The Commission
recognized from the outset that periodic
technical adjustments and revisions
would be necessary to keep the MICS
effective in protecting Tribal gaming
assets and the interests of Tribal
stakeholders and the gaming public. To
that end, the following proposed rule
revisions contain certain proposed
corrections and revisions to the
Commission’s existing MICS, which are
necessary to correct erroneous citations
or references in the MICS and to clarify,
improve, and update other existing
MICS provisions. The purpose of these
proposed MICS revisions is to address
apparent shortcomings in the MICS and
various changes in Tribal gaming
technology and methods. Public
comment to these proposed MICS
revisions will be received by the
Commission until February 18, 2005.
After consideration of all received
comments, the Commission will make
whatever changes to the proposed
revisions that it deems appropriate and
then promulgate and publish the final
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]]>Agencies
[Federal Register Volume 70, Number 7 (Tuesday, January 11, 2005)]
[Proposed Rules]
[Pages 1839-1840]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-471]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 982
[Docket No. FV05-982-2]
Hazelnuts Grown in Oregon and Washington; Continuance Referendum
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Referendum order.
-----------------------------------------------------------------------
SUMMARY: This document directs that a referendum be conducted among
eligible growers of hazelnuts in Oregon and Washington, to determine
whether they favor continuance of the marketing order regulating the
handling of hazelnuts grown in the production area.
[[Page 1840]]
DATES: The referendum will be conducted from February 7 through
February 25, 2005. To vote in this referendum, growers must have been
producing hazelnuts within the designated production area in Oregon and
Washington, during the period July 1, 2003, through June 30, 2004.
ADDRESSES: Copies of the marketing order may be obtained from the
office of the referendum agents at 1220 SW. Third Avenue, suite 385,
Portland, Oregon 97204-2807, or the Office of the Docket Clerk,
Marketing Order Administration Branch, Fruit and Vegetable Programs,
Agricultural Marketing Service, U.S. Department of Agriculture, 1400
Independence Avenue, SW., Stop 0237, Washington, DC 20250-0237.
FOR FURTHER INFORMATION CONTACT: Barry Broadbent, Marketing Specialist,
Northwest Marketing Field Office, Marketing Order Administration
Branch, Fruit and Vegetable Programs, AMS, USDA, 1220 SW. Third Avenue,
suite 385; telephone (503) 326-2724; fax (503) 326-7440; or Kathy Finn,
Acting Rulemaking Team Leader, Marketing Order Administration Branch,
Fruit and Vegetable Programs, Agricultural Marketing Service, U.S.
Department of Agriculture, 1400 Independence Avenue, SW., Stop 0237,
Washington, DC 20250-0237; telephone (202) 720-2491; fax (202) 720-
8938.
SUPPLEMENTARY INFORMATION: Pursuant to Marketing Order No. 982 (7 CFR
part 982), hereinafter referred to as the ``order,'' and the applicable
provisions of the Agricultural Marketing Agreement Act of 1937, as
amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act,'' it
is hereby directed that a referendum be conducted to ascertain whether
continuance of the order is favored by the growers. The referendum
shall be conducted during the period February 7 through February 25,
2005, among hazelnut growers in the production area. Only growers that
were engaged in the production of hazelnuts in Oregon and Washington
during the period of July 1, 2003, through June 30, 2004, may
participate in the continuance referendum.
USDA has determined that continuance referenda are an effective
means for determining whether growers favor continuation of marketing
order programs. The Department would consider termination of the order
if less than two-thirds of the growers voting in the referendum and
growers of less than two-thirds of the volume of hazelnuts represented
in the referendum favor continuance. In evaluating the merits of
continuance versus termination, the USDA will not only consider the
results of the continuance referendum. The USDA will also consider all
other relevant information concerning the operation of the order and
the relative benefits and disadvantages to growers, handlers, and
consumers in order to determine whether continued operation of the
order would tend to effectuate the declared policy of the Act.
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), the ballot materials to be used in the referendum herein
ordered have been submitted to and approved by the Office of Management
and Budget (OMB) and have been assigned OMB No. 0581-0178. It has been
estimated that it will take an average of 20 minutes for each of the
approximately 750 growers of hazelnuts grown in Oregon and Washington,
to cast a ballot. Participation is voluntary. Ballots postmarked after
February 25, 2005, will not be included in the vote tabulation.
Gary D. Olson and Barry Broadbent of the Northwest Marketing Field
Office, Fruit and Vegetable Programs, Agricultural Marketing Service,
USDA, are hereby designated as the referendum agents of the Department
to conduct such referendum. The procedure applicable to the referendum
shall be the ``Procedure for the Conduct of Referenda in Connection
With Marketing Orders for Fruits, Vegetables, and Nuts Pursuant to the
Agricultural Marketing Agreement Act of 1937, as Amended'' (7 CFR
900.400 et seq).
Ballots will be mailed to all growers of record and may also be
obtained from the referendum agents, or from their appointees.
List of Subjects in 7 CFR Part 982
Hazelnuts, Marketing agreements, Reporting and recordkeeping
requirements.
Authority: 7 U.S.C. 601-674.
Dated: January 5, 2005.
Kenneth C. Clayton,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 05-471 Filed 1-10-05; 8:45 am]
BILLING CODE 3410-02-P
