Almonds Grown in California; Increased Assessment Rate, 43270-43273 [05-14770]
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43270
Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Rules and Regulations
reconsideration and are administratively
final.
§ 780.13
Verbatim transcripts.
(a) Appellants and their
representatives are precluded from
making any electronic recording of any
portion of a hearing or other proceeding
conducted in accordance with this part.
Appellants interested in obtaining an
official recording of a hearing or other
proceeding may request a verbatim
transcript in accordance with paragraph
(b) of this section.
(b) Any party to an appeal or request
for reconsideration under this part may
request that a verbatim transcript be
made of the hearing proceedings and
that such transcript be made the official
record of the hearing. The party
requesting a verbatim transcript shall
pay for the transcription service,
provide a copy of the transcript to FSA
free of charge, and allow any other party
in the proceeding desiring to purchase
a copy of the transcript to order it from
the transcription service.
§ 780.14
[Reserved]
§ 780.15
Time limitations.
(a) To the extent practicable, no later
than 10 business days after an agency
decision maker renders an adverse
decision that affects a participant, FSA
will provide the participant written
notice of the adverse decision and
available appeal rights.
(b) A participant requesting an
appealability review by the State
Executive Director of an agency decision
made at the county, area, district or
State level that is otherwise determined
by FSA not to be appealable must
submit a written request for an
appealability review to the State
Executive Director that is received no
later than 30 calendar days from the
date a participant receives written
notice of the decision.
(c) A participant requesting
reconsideration, mediation or appeal
must submit a written request as
instructed in the notice of decision that
is received no later than 30 calendar
days from the date a participant receives
written notice of the decision.
(d) Notwithstanding the time limits in
paragraphs (b) and (c) of this section, a
request for an appealability review,
reconsideration, or appeal may be
accepted if, in the judgment of the
reviewing authority with whom such
request is filed, exceptional
circumstances warrant such action. A
participant does not have the right to
see an exception under this paragraph.
FSA’s refusal to accept an untimely
request is not appealable.
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(e) Decisions appealable under this
part are final unless review options
available under this part or part 11 are
timely exercised.
(1) Whenever the final date for any
requirement of this part falls on a
Saturday, Sunday, Federal holiday, or
other day on which the pertinent FSA
office is not open for the transaction of
business during normal working hours,
the time for submission of a request will
be extended to the close of business on
the next working day.
(2) The date when an adverse decision
or other notice pursuant to these rules
is deemed received is the earlier of
physical delivery by hand, by facsimile
with electronic confirmation of receipt,
actual stamped record of receipt on a
transmitted document, or 7 calendar
days following deposit for delivery by
regular mail.
§ 780.16 Implementation of final agency
decisions.
To the extent practicable, no later
than 30 calendar days after an agency
decision becomes a final administrative
decision of USDA, FSA will implement
the decision.
§ 780.17
Judicial review.
(a) Decisions of the Administrator in
appeals under this part from Agriculture
Foreign Investment Disclosure Act
penalties are administratively final
decisions of USDA.
(b) The decision of a State Executive
Director or State Conservationist on
equitable relief made under § 718.307 of
this title is administratively final and
also not subject to judicial review.
Signed at Washington, DC, on July 7, 2005.
James R. Little,
Administrator, Farm Service Agency.
[FR Doc. 05–14767 Filed 7–26–05; 8:45 am]
BILLING CODE 3410–05–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 981
[Docket No. FV05–981–2 FR]
Almonds Grown in California;
Increased Assessment Rate
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
SUMMARY: This rule increases the
assessment rate established for the
Almond Board of California (Board) for
the 2005–06 and subsequent crop years
from $0.025 to $0.030 per pound of
almonds received. Of the $0.030 per
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pound assessment, 60 percent (or $0.018
per pound) will be available as creditback for handlers who conduct their
own promotional activities. The Board
locally administers the marketing order
which regulates the handling of
almonds grown in California.
Authorization to assess almond
handlers enables the Board to incur
expenses that are reasonable and
necessary to administer the program.
The crop year begins August 1 and ends
July 31. The assessment rate will remain
in effect indefinitely unless modified,
suspended, or terminated.
EFFECTIVE DATE: July 28, 2005.
FOR FURTHER INFORMATION CONTACT:
California Marketing Field Office,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA, Telephone: (559) 487–
5901, Fax: (559) 487–5906; 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.
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 Order No.
981, as amended (7 CFR part 981),
regulating the handling of almonds
grown in California, 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.’’
The Department of Agriculture
(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, California almond handlers are
subject to assessments. Funds to
administer the order are derived from
such assessments. It is intended that the
assessment rate will be applicable to all
assessable almonds beginning August 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.
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Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Rules and Regulations
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 increases the assessment
rate established for the Board for the
2005–06 and subsequent crop years
from $0.025 to $0.030 per pound of
almonds received. Of the $0.030 per
pound assessment, 60 percent (or $0.018
per pound) will be available as creditback for handlers who conduct their
own promotional activities.
The order provides authority for the
Board, 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 Board are producers and
handlers of California almonds. They
are familiar with the Board’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 2004–05 and subsequent crop
years, the Board recommended, and
USDA approved, an assessment rate that
would continue in effect from crop year
to crop year unless modified,
suspended, or terminated by USDA
upon recommendation and information
submitted by the Board or other
information available to USDA.
The Board met on May 12, 2005, and
unanimously recommended 2005–06
expenditures of $28,756,000. In
comparison, last year’s budgeted
expenditures were $24,077,344. The
recommended assessment rate of $0.030
is $0.005 higher than the rate in effect
for the 2004–05 crop year, and the
credit-back portion of the assessment
rate ($0.018 per pound) is $0.004 more
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than the 2004–05 credit-back portion
currently in effect.
The major expenditures
recommended by the Board for the
2005–06 crop year include $15,423,000
for domestic advertising, market
research, and public relations;
$4,920,000 for operational expenses;
$4,873,000 for international public
relations and other promotion and
education programs, including a Market
Access Program (MAP) administered by
USDA’s Foreign Agricultural Service
(FAS); $1,200,000 for nutrition research;
$850,000 for production research;
$830,000 for food quality programs; and
$500,000 for environmental research,
plus other minor sums. Budgeted
expenses for these items in 2004–05
were $12,540,000 for domestic
advertising, market research, and public
relations; $3,611,981 for operational
expenses; $4,340,000 for international
public relations and other promotion
and education programs, including a
MAP administered by USDA’s FAS;
$1,200,000 for nutrition research;
$947,321 for production research;
$858,000 for food quality programs; and
$460,042 for environmental research,
plus other minor sums.
The Board recommended increasing
the assessment rate from $0.025 per
pound to $0.030 per pound of almonds
handled. Of the $0.030 per pound
assessment, 60 percent (or $0.018 per
pound) will be available as credit-back
for handlers who conduct their own
promotional activities consistent with
§ 981.441 of the order’s regulations and
subject to Board approval. The
increased assessment rate is needed
because the 2005–06 crop is projected at
816 million pounds of assessable
almonds, down from the 1.0368 billion
pound 2004–05 crop, and projected
assessment revenue will likely be
reduced. The increased rate should
generate adequate revenue to fund the
Board’s 2005–06 budgeted expenses and
to maintain a small financial reserve.
Section 981.81(c) authorizes a financial
reserve of approximately one-half year’s
budgeted expenses. One-half of the
2005–06 crop year’s budgeted expenses
of $28,756,000 equals $14,378,000. The
Board’s financial reserve at the end of
the 2005–06 crop year is projected to be
$1.1 million which is well within the
authorized reserve.
The assessment rate recommended by
the Board was derived by considering
anticipated expenses and production
levels of California almonds, and
additional pertinent factors. In its
recommendation, the Board utilized an
estimate of 816 million pounds of
assessable almonds for the 2005–06 crop
year. If realized, this will provide
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estimated assessment revenue of
$9,792,000 from all handlers, and an
additional $9,180,000 from those
handlers who do not participate in the
credit-back program, for a total of
$18,972,000. In addition, it is
anticipated that $10,851,797 will be
provided by other sources, including
interest income, MAP funds, grant
funds, miscellaneous income, and
reserve/carryover funds. When
combined, revenue from these sources
should be adequate to cover budgeted
expenses. Any unexpended funds from
the 2005–06 crop year may be carried
over to cover expenses during the
succeeding crop year. Funds in the
reserve at the end of the 2005–06 crop
year are estimated to be approximately
$1.1 million which would be within the
amount permitted by the order.
The assessment rate will continue in
effect indefinitely unless modified,
suspended, or terminated by USDA
upon recommendation and information
submitted by the Board or other
available information.
Although this assessment rate will be
in effect for an indefinite period, the
Board will continue to meet prior to or
during each crop year to recommend a
budget of expenses and consider
recommendations for modification of
the assessment rate. The dates and times
of Board meetings are available from the
Board or USDA. Board meetings are
open to the public and interested
persons may express their views at these
meetings. USDA will evaluate Board
recommendations and other available
information to determine whether
modification of the assessment rate is
needed. Further rulemaking would be
undertaken as necessary. The Board’s
2005–06 budget and those for
subsequent crop years 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.
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There are approximately 6,000
producers of almonds in the production
area and approximately 115 handlers
subject to regulation under the 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 are defined as
those whose annual receipts are less
than $6,000,000.
Data for the most recently completed
crop year indicates that about 48
percent of the handlers shipped over
$6,000,000 worth of almonds and about
52 percent of handlers shipped under
$6,000,000 worth of almonds. In
addition, based on production and
grower price data reported by the
California Agricultural Statistics Service
(CASS), and the total number of almond
growers, the average annual grower
revenue is estimated to be
approximately $261,248. Based on the
foregoing, the majority of handlers and
producers of almonds may be classified
as small entities.
This rule increases the assessment
rate established for the Board and
collected from handlers for the 2005–06
and subsequent crop years from $0.025
to $0.030 per pound of almonds. Of the
$0.030 per pound assessment, 60
percent (or $0.018 per pound) will be
available as credit-back for handlers
who conduct their own promotional
activities consistent with § 981.441 of
the order’s regulations and subject to
Board approval.
The Board met on May 12, 2005, and
unanimously recommended 2005–06
expenditures of $28,756,000 and an
assessment rate of $0.030 per pound. Of
the $0.030 per pound assessment, 60
percent (or $0.018 per pound) will be
available as credit-back for handlers
who conduct their own promotional
activities. The assessment rate of $0.030
will be $0.005 higher than the current
rate, and the credit-back portion of
$0.018 per pound will be $0.004 more
than the 2004–05 credit-back portion.
The quantity of assessable almonds for
the 2005–06 crop year is estimated at
816,000,000 pounds. The assessment
rate will provide estimated assessment
revenue of $9,792,000 from all handlers,
and an additional $9,180,000 from those
handlers who do not participate in the
credit-back program, for a total of
$18,972,000. In addition, it is
anticipated that $10,851,797 will be
provided by other sources, including
interest income, MAP funds, grant
funds, miscellaneous income, and
reserve/carryover funds. When
combined, revenue from these sources
should be adequate to cover budgeted
expenses. The projected financial
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reserve at the end of 2005–06 should be
$1,137,797 which would be within the
maximum permitted under the order.
The major expenditures
recommended by the Board for the
2005–06 crop year include $15,423,000
for domestic advertising, market
research, and public relations;
$4,920,000 for operational expenses;
$4,873,000 for international public
relations and other promotion and
education programs, including a MAP
administered by USDA’s FAS;
$1,200,000 for nutrition research;
$850,000 for production research;
$830,000 for food quality programs; and
$500,000 for environmental research,
plus other minor sums. Budgeted
expenses for these items in 2004–05
were $12,540,000 for domestic
advertising, market research, and public
relations; $3,611,981 for operational
expenses; $4,340,000 for international
public relations and other promotion
and education programs, including a
MAP administered by USDA’s FAS;
$1,200,000 for nutrition research;
$947,321 for production research;
$858,000 for food quality programs; and
$460,042 for environmental research,
plus other minor sums.
The Board considered alternative
assessment rate levels, including the
portion available for handler creditback. After deliberating the issue, the
Board recommended increasing the
assessment rate to $0.030 per pound,
with 60 percent (or $0.018 per pound)
available for handler credit-back. In
arriving at its budget, the Board
considered information from its various
committees. Alternative expenditure
levels were discussed by these groups,
based on the value of various activities
to the industry. The committees
ultimately recommended appropriate
activities and funding levels, which
were adopted by the Board.
A review of historical information and
preliminary information pertaining to
the upcoming crop year indicates that
the average grower price for the 2005–
06 season could range between $3.00
and $3.50 per pound of almonds.
Therefore, the estimated assessment
revenue for the 2005–06 crop year
(disregarding any amounts credited
pursuant to §§ 981.41 and 981.441) as a
percentage of total grower revenue
could range between 1.00 and 0.86
percent, respectively.
This action increases 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
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by the operation of the marketing order.
In addition, the Board’s meeting was
widely publicized throughout the
California almond industry and all
interested persons were invited to
attend the meeting and participate in
Board deliberations on all issues. Like
all Board meetings, the May 12, 2005,
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 rule imposes no additional
reporting or recordkeeping requirements
on either small or large California
almond 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 proposed rule concerning this
action was published in the Federal
Register on June 17, 2005 (70 FR 35182).
Copies of the proposed rule were also
mailed or sent via facsimile to all
almond handlers. Finally, the proposal
was made available through the Internet
by USDA and the Office of the Federal
Register. A 10-day comment period
ending June 27, 2005, was provided for
interested persons to respond to the
proposal. A comment was received that
supported the proposal, while another
response was not relevant to the
proposal. Accordingly, no changes were
made to the rule, based on the
comments received.
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
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 that good cause
exists for not postponing the effective
date of this rule until 30 days after
publication in the Federal Register
because: (1) The 2005–06 crop year
begins on August 1, 2005, and the order
requires that the rate of assessment for
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Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Rules and Regulations
each crop year apply to all assessable
almonds handled during such crop year;
(2) the Board needs to have sufficient
funds to pay its expenses which are
incurred on a continuous basis; (3)
handlers are aware of this action which
was unanimously recommended by the
Board at a public meeting and is similar
to other assessment rate actions issued
in past years; and (4) a 10-day comment
period was provided for in the proposed
rule.
List of Subjects in 7 CFR Part 981
Almonds, Marketing agreements,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 7 CFR part 981 is amended as
follows:
I
PART 981—ALMONDS GROWN IN
CALIFORNIA
1. The authority citation for 7 CFR part
981 continues to read as follows:
I
Authority: 7 U.S.C. 601–674.
2. Section 981.343 is revised to read as
follows:
I
§ 981.343
Assessment rate.
On and after August 1, 2005, an
assessment rate of $0.030 per pound is
established for California almonds. Of
the $0.030 assessment rate, 60 percent
per assessable pound is available for
handler credit-back.
Dated: July 21, 2005.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 05–14770 Filed 7–26–05; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 23
[Docket No. CE229, Special Condition 23–
168–SC]
Special Conditions; Duncan Aviation
Inc., EFIS on the Raytheon 300 King
Air; Protection of Systems for High
Intensity Radiated Fields (HIRF)
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments; correction.
AGENCY:
SUMMARY: The FAA published a
document on June 22, 2005 concerning
final special conditions for Duncan
Aviation Inc., on the Raytheon Model
300 King Air. There was an error in the
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preamble of the special conditions in
the reference to the docket number. The
correct document number appears in the
addresses section in one place; however,
the docket number is incorrect in the
heading, in one other location in the
address, and in the ‘‘Comments Invited’’
section. This document contains a
correction to the docket number.
DATES: The effective date of these
special conditions is June 15, 2005.
Comments must be received on or
before July 22, 2005.
ADDRESSES: Comments may be mailed
in duplicate to: Federal Aviation
Administration, Regional Counsel,
ACE–7, Attention: Rules Docket Clerk,
Docket No. CE229, Room 506, 901
Locust, Kansas City, Missouri 64106. All
comments must be marked: Docket No.
CE229. Comments may be inspected in
the Rules Docket weekdays, except
Federal holidays, between 7:30 a.m. and
4 p.m.
FOR FURTHER INFORMATION CONTACT: Wes
Ryan, Aerospace Engineer, Standards
Office (ACE–110), Small Airplane
Directorate, Aircraft Certification
Service, Federal Aviation
Administration, 901 Locust, Room 301,
Kansas City, Missouri 64106; telephone
(816) 329–4127.
SUPPLEMENTARY INFORMATION:
Need for Correction
The FAA published a document on
June 22, 2005 (70 FR 35985) that issued
final special conditions with a request
for comments. In the document under
the heading, in the ‘‘Addresses’’ section,
and in the ‘‘Comments Invited’’ section,
the docket number ‘‘229’’ appears. The
correct docket number is ‘‘CE229.’’ This
document corrects that error.
Correction of Publication
Accordingly, the preamble of the
special conditions is revised to remove
the docket number ‘‘229’’ and to replace
it with ‘‘CE229’’ wherever it appears.
Comments Invited
Interested persons are invited to
submit such written data, views, or
arguments, as they may desire.
Communications should identify the
regulatory docket or notice number and
be submitted in duplicate to the address
specified above. All communications
received on or before the closing date
for comments will be considered by the
Administrator. The special conditions
may be changed in light of the
comments received. All comments
received will be available in the Rules
Docket for examination by interested
persons, both before and after the
closing date for comments. A report
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43273
summarizing each substantive public
contact with FAA personnel concerning
this rulemaking will be filed in the
docket. Commenters wishing the FAA to
acknowledge receipt of their comments
submitted in response to this notice
must include a self-addressed, stamped
postcard on which the following
statement is made: ‘‘Comments to
Docket No. CE229.’’ The postcard will
be date stamped and returned to the
commenter.
Issued in Kansas City, Missouri on July 14,
2005.
John Colomy,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–14763 Filed 7–26–05; 8:45 am]
BILLING CODE 4910–13–P
FEDERAL TRADE COMMISSION
16 CFR Part 310
RIN 3084–0098
Telemarketing Sales Rule Fees
Federal Trade Commission.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Federal Trade
Commission (the ‘‘Commission’’ or
‘‘FTC’’) is issuing this Final Rule to
amend the FTC’s Telemarketing Sales
Rule (‘‘TSR’’) by revising the fees
charged to entities accessing the
National Do Not Call Registry (‘‘the
Registry’’).
Effective date: The amendment
to § 310.8 (‘‘the Fee Rule’’) will become
effective September 1, 2005.
ADDRESSES: Requests for copies of this
Final Fee Rule should be sent to: Public
Reference Branch, Federal Trade
Commission, Room 130, 600
Pennsylvania Avenue, NW.,
Washington, DC 20580. The complete
public record of this proceeding is also
available at that address, and on the
Internet at: https://www.ftc.gov/bcp/
rulemaking/tsr/tsrrulemaking/
index.htm.
DATES:
FOR FURTHER INFORMATION CONTACT:
David B. Robbins, (202) 326–3747,
Division of Planning & Information,
Bureau of Consumer Protection, Federal
Trade Commission, 600 Pennsylvania
Avenue, NW., Washington, DC 20580.
SUPPLEMENTARY INFORMATION: The
amended rule increases the annual fee
for each area code of data to $56.00 per
area code, or $28.00 per area code of
data during the second six months of an
entity’s annual subscription period. The
maximum amount that would be
charged to any single entity for
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]]>Agencies
[Federal Register Volume 70, Number 143 (Wednesday, July 27, 2005)]
[Rules and Regulations]
[Pages 43270-43273]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14770]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 981
[Docket No. FV05-981-2 FR]
Almonds Grown in California; Increased Assessment Rate
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: This rule increases the assessment rate established for the
Almond Board of California (Board) for the 2005-06 and subsequent crop
years from $0.025 to $0.030 per pound of almonds received. Of the
$0.030 per pound assessment, 60 percent (or $0.018 per pound) will be
available as credit-back for handlers who conduct their own promotional
activities. The Board locally administers the marketing order which
regulates the handling of almonds grown in California. Authorization to
assess almond handlers enables the Board to incur expenses that are
reasonable and necessary to administer the program. The crop year
begins August 1 and ends July 31. The assessment rate will remain in
effect indefinitely unless modified, suspended, or terminated.
EFFECTIVE DATE: July 28, 2005.
FOR FURTHER INFORMATION CONTACT: California Marketing Field Office,
Marketing Order Administration Branch, Fruit and Vegetable Programs,
AMS, USDA, Telephone: (559) 487-5901, Fax: (559) 487-5906; 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.
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 Order
No. 981, as amended (7 CFR part 981), regulating the handling of
almonds grown in California, 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.''
The Department of Agriculture (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, California
almond handlers are subject to assessments. Funds to administer the
order are derived from such assessments. It is intended that the
assessment rate will be applicable to all assessable almonds beginning
August 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.
[[Page 43271]]
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 increases the assessment rate established for the Board
for the 2005-06 and subsequent crop years from $0.025 to $0.030 per
pound of almonds received. Of the $0.030 per pound assessment, 60
percent (or $0.018 per pound) will be available as credit-back for
handlers who conduct their own promotional activities.
The order provides authority for the Board, 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 Board are
producers and handlers of California almonds. They are familiar with
the Board'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 2004-05 and subsequent crop years, the Board recommended,
and USDA approved, an assessment rate that would continue in effect
from crop year to crop year unless modified, suspended, or terminated
by USDA upon recommendation and information submitted by the Board or
other information available to USDA.
The Board met on May 12, 2005, and unanimously recommended 2005-06
expenditures of $28,756,000. In comparison, last year's budgeted
expenditures were $24,077,344. The recommended assessment rate of
$0.030 is $0.005 higher than the rate in effect for the 2004-05 crop
year, and the credit-back portion of the assessment rate ($0.018 per
pound) is $0.004 more than the 2004-05 credit-back portion currently in
effect.
The major expenditures recommended by the Board for the 2005-06
crop year include $15,423,000 for domestic advertising, market
research, and public relations; $4,920,000 for operational expenses;
$4,873,000 for international public relations and other promotion and
education programs, including a Market Access Program (MAP)
administered by USDA's Foreign Agricultural Service (FAS); $1,200,000
for nutrition research; $850,000 for production research; $830,000 for
food quality programs; and $500,000 for environmental research, plus
other minor sums. Budgeted expenses for these items in 2004-05 were
$12,540,000 for domestic advertising, market research, and public
relations; $3,611,981 for operational expenses; $4,340,000 for
international public relations and other promotion and education
programs, including a MAP administered by USDA's FAS; $1,200,000 for
nutrition research; $947,321 for production research; $858,000 for food
quality programs; and $460,042 for environmental research, plus other
minor sums.
The Board recommended increasing the assessment rate from $0.025
per pound to $0.030 per pound of almonds handled. Of the $0.030 per
pound assessment, 60 percent (or $0.018 per pound) will be available as
credit-back for handlers who conduct their own promotional activities
consistent with Sec. 981.441 of the order's regulations and subject to
Board approval. The increased assessment rate is needed because the
2005-06 crop is projected at 816 million pounds of assessable almonds,
down from the 1.0368 billion pound 2004-05 crop, and projected
assessment revenue will likely be reduced. The increased rate should
generate adequate revenue to fund the Board's 2005-06 budgeted expenses
and to maintain a small financial reserve. Section 981.81(c) authorizes
a financial reserve of approximately one-half year's budgeted expenses.
One-half of the 2005-06 crop year's budgeted expenses of $28,756,000
equals $14,378,000. The Board's financial reserve at the end of the
2005-06 crop year is projected to be $1.1 million which is well within
the authorized reserve.
The assessment rate recommended by the Board was derived by
considering anticipated expenses and production levels of California
almonds, and additional pertinent factors. In its recommendation, the
Board utilized an estimate of 816 million pounds of assessable almonds
for the 2005-06 crop year. If realized, this will provide estimated
assessment revenue of $9,792,000 from all handlers, and an additional
$9,180,000 from those handlers who do not participate in the credit-
back program, for a total of $18,972,000. In addition, it is
anticipated that $10,851,797 will be provided by other sources,
including interest income, MAP funds, grant funds, miscellaneous
income, and reserve/carryover funds. When combined, revenue from these
sources should be adequate to cover budgeted expenses. Any unexpended
funds from the 2005-06 crop year may be carried over to cover expenses
during the succeeding crop year. Funds in the reserve at the end of the
2005-06 crop year are estimated to be approximately $1.1 million which
would be within the amount permitted by the order.
The assessment rate will continue in effect indefinitely unless
modified, suspended, or terminated by USDA upon recommendation and
information submitted by the Board or other available information.
Although this assessment rate will be in effect for an indefinite
period, the Board will continue to meet prior to or during each crop
year to recommend a budget of expenses and consider recommendations for
modification of the assessment rate. The dates and times of Board
meetings are available from the Board or USDA. Board meetings are open
to the public and interested persons may express their views at these
meetings. USDA will evaluate Board recommendations and other available
information to determine whether modification of the assessment rate is
needed. Further rulemaking would be undertaken as necessary. The
Board's 2005-06 budget and those for subsequent crop years 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 43272]]
There are approximately 6,000 producers of almonds in the
production area and approximately 115 handlers subject to regulation
under the 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
are defined as those whose annual receipts are less than $6,000,000.
Data for the most recently completed crop year indicates that about
48 percent of the handlers shipped over $6,000,000 worth of almonds and
about 52 percent of handlers shipped under $6,000,000 worth of almonds.
In addition, based on production and grower price data reported by the
California Agricultural Statistics Service (CASS), and the total number
of almond growers, the average annual grower revenue is estimated to be
approximately $261,248. Based on the foregoing, the majority of
handlers and producers of almonds may be classified as small entities.
This rule increases the assessment rate established for the Board
and collected from handlers for the 2005-06 and subsequent crop years
from $0.025 to $0.030 per pound of almonds. Of the $0.030 per pound
assessment, 60 percent (or $0.018 per pound) will be available as
credit-back for handlers who conduct their own promotional activities
consistent with Sec. 981.441 of the order's regulations and subject to
Board approval.
The Board met on May 12, 2005, and unanimously recommended 2005-06
expenditures of $28,756,000 and an assessment rate of $0.030 per pound.
Of the $0.030 per pound assessment, 60 percent (or $0.018 per pound)
will be available as credit-back for handlers who conduct their own
promotional activities. The assessment rate of $0.030 will be $0.005
higher than the current rate, and the credit-back portion of $0.018 per
pound will be $0.004 more than the 2004-05 credit-back portion. The
quantity of assessable almonds for the 2005-06 crop year is estimated
at 816,000,000 pounds. The assessment rate will provide estimated
assessment revenue of $9,792,000 from all handlers, and an additional
$9,180,000 from those handlers who do not participate in the credit-
back program, for a total of $18,972,000. In addition, it is
anticipated that $10,851,797 will be provided by other sources,
including interest income, MAP funds, grant funds, miscellaneous
income, and reserve/carryover funds. When combined, revenue from these
sources should be adequate to cover budgeted expenses. The projected
financial reserve at the end of 2005-06 should be $1,137,797 which
would be within the maximum permitted under the order.
The major expenditures recommended by the Board for the 2005-06
crop year include $15,423,000 for domestic advertising, market
research, and public relations; $4,920,000 for operational expenses;
$4,873,000 for international public relations and other promotion and
education programs, including a MAP administered by USDA's FAS;
$1,200,000 for nutrition research; $850,000 for production research;
$830,000 for food quality programs; and $500,000 for environmental
research, plus other minor sums. Budgeted expenses for these items in
2004-05 were $12,540,000 for domestic advertising, market research, and
public relations; $3,611,981 for operational expenses; $4,340,000 for
international public relations and other promotion and education
programs, including a MAP administered by USDA's FAS; $1,200,000 for
nutrition research; $947,321 for production research; $858,000 for food
quality programs; and $460,042 for environmental research, plus other
minor sums.
The Board considered alternative assessment rate levels, including
the portion available for handler credit-back. After deliberating the
issue, the Board recommended increasing the assessment rate to $0.030
per pound, with 60 percent (or $0.018 per pound) available for handler
credit-back. In arriving at its budget, the Board considered
information from its various committees. Alternative expenditure levels
were discussed by these groups, based on the value of various
activities to the industry. The committees ultimately recommended
appropriate activities and funding levels, which were adopted by the
Board.
A review of historical information and preliminary information
pertaining to the upcoming crop year indicates that the average grower
price for the 2005-06 season could range between $3.00 and $3.50 per
pound of almonds. Therefore, the estimated assessment revenue for the
2005-06 crop year (disregarding any amounts credited pursuant to
Sec. Sec. 981.41 and 981.441) as a percentage of total grower revenue
could range between 1.00 and 0.86 percent, respectively.
This action increases 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 Board's meeting was widely publicized
throughout the California almond industry and all interested persons
were invited to attend the meeting and participate in Board
deliberations on all issues. Like all Board meetings, the May 12, 2005,
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 rule imposes no additional reporting or recordkeeping
requirements on either small or large California almond 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 proposed rule concerning this action was published in the Federal
Register on June 17, 2005 (70 FR 35182). Copies of the proposed rule
were also mailed or sent via facsimile to all almond handlers. Finally,
the proposal was made available through the Internet by USDA and the
Office of the Federal Register. A 10-day comment period ending June 27,
2005, was provided for interested persons to respond to the proposal. A
comment was received that supported the proposal, while another
response was not relevant to the proposal. Accordingly, no changes were
made to the rule, based on the comments received.
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 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 that good
cause exists for not postponing the effective date of this rule until
30 days after publication in the Federal Register because: (1) The
2005-06 crop year begins on August 1, 2005, and the order requires that
the rate of assessment for
[[Page 43273]]
each crop year apply to all assessable almonds handled during such crop
year; (2) the Board needs to have sufficient funds to pay its expenses
which are incurred on a continuous basis; (3) handlers are aware of
this action which was unanimously recommended by the Board at a public
meeting and is similar to other assessment rate actions issued in past
years; and (4) a 10-day comment period was provided for in the proposed
rule.
List of Subjects in 7 CFR Part 981
Almonds, Marketing agreements, Reporting and recordkeeping
requirements.
0
For the reasons set forth in the preamble, 7 CFR part 981 is amended as
follows:
PART 981--ALMONDS GROWN IN CALIFORNIA
0
1. The authority citation for 7 CFR part 981 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
0
2. Section 981.343 is revised to read as follows:
Sec. 981.343 Assessment rate.
On and after August 1, 2005, an assessment rate of $0.030 per pound
is established for California almonds. Of the $0.030 assessment rate,
60 percent per assessable pound is available for handler credit-back.
Dated: July 21, 2005.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 05-14770 Filed 7-26-05; 8:45 am]
BILLING CODE 3410-02-P
