Dried Prunes Produced in California; Decreased Assessment Rate, 76971-76973 [05-24544]
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76971
Rules and Regulations
Federal Register
Vol. 70, No. 249
Thursday, December 29, 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.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 993
[Docket No. FV05–993–5 FIR]
Dried Prunes Produced in California;
Decreased Assessment Rate
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
sroberts on PROD1PC70 with RULES
AGENCY:
SUMMARY: The Department of
Agriculture (USDA) is adopting, as a
final rule, without change, an interim
final rule which decreased the
assessment rate established for the
Prune Marketing Committee
(committee) under Marketing Order No.
993 for the 2005–06 and subsequent
crop years from $6.00 to $0.65 per ton
of salable dried prunes. The committee
locally administers the marketing order
which regulates the handling of dried
prunes grown in California.
Authorization to assess dried prune
handlers enables the committee to incur
expenses that are reasonable and
necessary to administer the program.
The crop year began August 1 and ends
July 31. The assessment rate will remain
in effect indefinitely unless modified,
suspended, or terminated.
EFFECTIVE DATE: January 30, 2006.
FOR FURTHER INFORMATION CONTACT: Toni
Sasselli, Program Analyst, or Terry
Vawter, Marketing Specialist, California
Marketing Field Office, 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.
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19:06 Dec 28, 2005
Jkt 208001
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
No. 110 and Marketing Order No. 993,
both as amended (7 CFR part 993),
regulating the handling of dried prunes
grown in California, hereinafter referred
to as the ‘‘order.’’ The marketing
agreement and order are effective under
the Agricultural Marketing Agreement
Act of 1937, as amended (7 U.S.C. 601–
674), hereinafter referred to as the
‘‘Act.’’
The Department of Agriculture
(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 dried prune
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 dried prunes 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.
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,
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Fmt 4700
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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 decreased the assessment
rate established for the committee for
the 2005–06 and subsequent crop years
from $6.00 to $0.65 per ton of salable
dried prunes handled.
The California dried prune marketing
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 California
dried prunes. 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 at least one
public meeting. Thus, all directly
affected persons have an opportunity to
participate and provide input.
For the 2004–05 and subsequent crop
years the committee recommended, and
USDA approved, an assessment rate that
would continue in effect from crop year
to crop year unless modified,
suspended, or terminate by USDA upon
recommendation and information
submitted by the committee or other
information available to USDA.
The committee met on June 30, 2005,
and unanimously recommended a
decreased assessment rate of $0.65 per
ton of salable dried prunes and a
decreased level of expenses for the
2005–06 crop year. The committee
recommended a total budget of $89,090.
The assessment rate of $0.65 per ton of
salable dried prunes is $5.35 lower than
the rate in effect prior to
implementation of the interim final rule.
The committee recommended a lower
assessment rate based on an estimated
production of 104,500 tons of salable
dried prunes. The committee’s expenses
are being reduced significantly from the
2004–05 budget as the result of the
August 1, 2005, suspension of the
reporting and handling requirements
under the order. The assessment rate of
$0.65 per ton of salable dried prunes
plus excess funds from the 2004–2005
crop year are expected to provide
sufficient funds for the committee’s
reduced activities.
In comparison, the actual
expenditures for the 2004–05 crop year
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76972
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
were $284,000 and the assessment rate
was $6.00 per ton of salable prunes,
based upon 47,203 salable tons.
The following table compares the
major budget expenditures
recommended by the committee on June
30, 2005, and major budget
expenditures in the 2004–05 budget.
Budget expense categories
2004–05
Total Personnel Salaries .........................................................................................................................................
Total Operating Expenses .......................................................................................................................................
Reserve for Contingencies ......................................................................................................................................
The assessment rate recommended by
the committee was derived by dividing
anticipated expenses by the estimated
salable tons of California dried prunes.
Production of dried prunes for the year
is estimated to be 104,500 salable tons,
which should provide $67,925 in
assessment income. Income derived
from handler assessments plus excess
funds from the 2004–2005 crop year
should be adequate to cover budgeted
expenses. The committee is authorized
to use excess assessment funds from the
2004–05 crop year (currently estimated
at $13,000) for up to 5 months beyond
the end of the crop year to meet 2005–
06 crop year expenses. At the end of the
5 months, the committee either refunds
or credits excess funds to handlers
(§ 993.81(c)).
The assessment rate 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 crop year 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 would be
undertaken as necessary. The
committee’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.
There are approximately 1,100
producers of dried prunes in the
production area and approximately 22
handlers subject to regulation under the
marketing order. The Small Business
Administration (13 CFR 121.201)
defines small agricultural producers as
those whose annual receipts are less
than $750,000, and small agricultural
service firms as those whose annual
receipts are less than $6,000,000.
Eight of the 22 handlers (36.4 percent)
shipped over $6,000,000 of dried prunes
and could be considered large handlers
by the Small Business Administration.
Fourteen of the 22 handlers (63.6
percent) shipped under $6,000,000 of
2004–05
sroberts on PROD1PC70 with RULES
Total Personnel Salaries .........................................................................................................................................
Total Operating Expenses .......................................................................................................................................
Reserve for Contingencies ......................................................................................................................................
VerDate Aug<31>2005
19:06 Dec 28, 2005
Jkt 208001
action would be to continue with the
$6.00 per ton assessment rate. However,
an assessment rate of $0.65 per ton of
salable dried prunes and excess funds
from the 2004–2005 crop year will
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
$45,945
16,755
26,390
dried prunes and could be considered
small handlers. An estimated 32
producers, or less than 3 percent of the
1,100 total producers, would be
considered large producers with annual
incomes over $750,000. The majority of
handlers and producers of California
dried prunes may be classified as small
entities.
The producer price for the 2005–06
crop year is expected to average
between $1,500 and $1,600 per ton of
salable dried prunes. Based on an
estimated 104,500 salable tons of dried
prunes, assessment revenue as a
percentage of producer prices during the
2005–06 crop year is expected to be
between .041 and .043 percent.
This rule continues in effect the
action that decreased the assessment
rate established for the committee and
collected from handlers for the 2005–06
and subsequent crop years from $6.00 to
$0.65 per ton of salable dried prunes.
The committee unanimously
recommended a 2005–06 total budget of
$89,090 and a decreased assessment rate
of $0.65 per ton of salable dried prunes
at the meeting on June 30, 2005. The
recommended budget of $89,090 is
significantly reduced for the 2005–06
crop year as compared to previous crop
years. The assessment rate of $0.65 per
ton of salable dried prunes is $5.35
lower than the previous rate. The
quantity of salable dried prunes for the
2005–06 crop year is now estimated at
104,500 salable tons.
The following table compares the
major budget expenditures
recommended by the committee on June
30, 2005, and major budget
expenditures in the 2004–05 budget.
Budget expense categories
Prior to arriving at its budget of
$89,090, the committee considered
information from various sources, such
as the committee’s Executive
Subcommittee. An alternative to this
$208,335
54,500
21,165
2005–06
$208,335
54,500
21,165
2005–06
$45,945
16,755
26,390
provide enough income is to fund the
committee’s reduced activities after the
August 1, 2005, suspension of the
handling and reporting requirements.
E:\FR\FM\29DER1.SGM
29DER1
sroberts on PROD1PC70 with RULES
Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / Rules and Regulations
Therefore, the Executive
Subcommittee and committee agreed
that $0.65 per ton of salable dried
prunes is an acceptable assessment rate.
The committee is authorized to use
excess assessment funds from the 2004–
05 crop year (currently estimated at
$13,000) for up to 5 months beyond the
end of the crop year to meet 2003–04
crop year expenses. At the end of the 5
months, the committee either refunds or
credits excess funds to handlers
(§ 993.81(c)).
This action continues in effect the
action that decreased the assessment
obligation imposed on handlers.
Assessments are applied uniformly on
all handlers, and some of the costs may
be passed on to producers. However,
decreasing the assessment rate reduces
the burden on handlers, and may reduce
the burden on producers. In addition,
the committee’s meeting was widely
publicized throughout the California
dried prune industry and all interested
persons were invited to attend the
meeting and participate in committee
deliberations on all issues. Like all
committee meetings, the June 30, 2005,
meeting was a public meeting and all
entities, both large and small, were
encouraged to express views on this
issue.
This action imposes no additional
reporting or recordkeeping requirements
on either small or large California dried
prune 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 September 15, 2005. The
committee staff mailed copies of the
rule to all committee members,
alternates, and prune handlers. In
addition, the rule was made available
through the Internet by the Office of the
Federal Register and USDA. That rule
provided for a 60-day comment period
which ended November 14, 2005. Three
comments were received. Two
comments were not relevant to the
rulemaking action, and one comment
supported the reduced assessment rate
for prunes.
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
VerDate Aug<31>2005
19:06 Dec 28, 2005
Jkt 208001
address in the FOR FURTHER INFORMATION
CONTACT section.
After consideration of all relevant
material presented, including the
information and recommendation
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 993
Marketing agreements, Plums, Prunes,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 7 CFR part 993 is amended as
follows:
I
PART 993—DRIED PRUNES
PRODUCED IN CALIFORNIA
Accordingly, the interim final rule
amending 7 CFR part 993 which was
published at 70 FR 54469 on September
15, 2005, is adopted as a final rule
without change.
I
Dated: December 22, 2005.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. 05–24544 Filed 12–28–05; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002–NM–298–AD; Amendment
39–14354; AD 2005–22–10 R1]
RIN 2120–AA64
Airworthiness Directives; Airbus Model
A320–111 Airplanes, and Model A320–
200 Series Airplanes
Federal Aviation
Administration, DOT.
ACTION: Final rule; correction.
AGENCY:
SUMMARY: This document corrects
information in an existing airworthiness
directive (AD) that applies to certain
Airbus Model A320–111 airplanes, and
Model A320–200 series airplanes. That
AD currently requires a detailed
inspection of the tail cone triangle to
determine its position, and corrective
actions if necessary. This document
corrects the applicability by specifying
that the AD affects only airplanes
identified in Airbus Service Bulletin
A320–27–1132, Revision 01, dated June
19, 2002. This correction is necessary to
ensure that only affected airplanes are
subject to the requirements of the AD.
PO 00000
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76973
Effective December 5, 2005.
The incorporation by reference of a
certain publication listed in the
regulations was approved previously by
the Director of the Federal Register as of
December 5, 2005 (70 FR 62232, October
31, 2005).
FOR FURTHER INFORMATION CONTACT: Tim
Dulin, Aerospace Engineer,
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington
98055–4056; telephone (425) 227–2141;
fax (425) 227–1149.
SUPPLEMENTARY INFORMATION: On
October 20, 2005, the Federal Aviation
Administration (FAA) issued AD 2005–
22–10, amendment 39–14354 (70 FR
62232, October 31, 2005), which applies
to certain Airbus Model A320–111
airplanes, and Model A320–200 series
airplanes. That AD requires a detailed
inspection of the tail cone triangle to
determine its position, and corrective
actions if necessary. That AD was
prompted by a report that the tail cone
triangles were not installed properly on
certain airplanes during production,
resulting in possible mis-rigged elevator
servo-controls. The actions required by
that AD are intended to prevent
excessive vibrations of the elevators,
which could result in reduced structural
integrity and reduced controllability of
the airplane.
DATES:
Need for the Correction
Information obtained recently by the
FAA indicates that we inadvertently
changed the applicability from that
specified in the Notice of Proposed
Rulemaking by omitting from the
statement of applicability of AD 2005–
22–10 that airplanes affected by the AD
are those identified in Airbus Service
Bulletin A320–27–1132, Revision 01,
dated June 19, 2002.
The FAA has determined that a
correction to AD 2005–22–10 is
necessary. The correction will revise the
applicability to include a reference to
Airbus Service Bulletin A320–27–1132,
Revision 01, dated June 19, 2002.
Correction of Publication
This document corrects the error and
correctly adds the AD as an amendment
to section 39.13 of the Federal Aviation
Regulations (14 CFR 39.13).
The AD is reprinted in its entirety for
the convenience of affected operators.
The effective date of the AD remains
December 5, 2005.
Since this action reduces the number
of airplanes affected by revising the
applicability, it has no adverse
economic impact and imposes no
additional burden on any person.
E:\FR\FM\29DER1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 249 (Thursday, December 29, 2005)]
[Rules and Regulations]
[Pages 76971-76973]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24544]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
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 Register / Vol. 70, No. 249 / Thursday, December 29, 2005 /
Rules and Regulations
[[Page 76971]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 993
[Docket No. FV05-993-5 FIR]
Dried Prunes Produced in California; Decreased 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 decreased the
assessment rate established for the Prune Marketing Committee
(committee) under Marketing Order No. 993 for the 2005-06 and
subsequent crop years from $6.00 to $0.65 per ton of salable dried
prunes. The committee locally administers the marketing order which
regulates the handling of dried prunes grown in California.
Authorization to assess dried prune handlers enables the committee to
incur expenses that are reasonable and necessary to administer the
program. The crop year began August 1 and ends July 31. The assessment
rate will remain in effect indefinitely unless modified, suspended, or
terminated.
EFFECTIVE DATE: January 30, 2006.
FOR FURTHER INFORMATION CONTACT: Toni Sasselli, Program Analyst, or
Terry Vawter, Marketing Specialist, California Marketing Field Office,
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
Agreement No. 110 and Marketing Order No. 993, both as amended (7 CFR
part 993), regulating the handling of dried prunes grown in California,
hereinafter referred to as the ``order.'' The marketing agreement and
order are effective under the Agricultural Marketing Agreement Act of
1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the
``Act.''
The Department of Agriculture (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
dried prune 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
dried prunes 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.
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 decreased the
assessment rate established for the committee for the 2005-06 and
subsequent crop years from $6.00 to $0.65 per ton of salable dried
prunes handled.
The California dried prune marketing 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
California dried prunes. 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 at least one
public meeting. Thus, all directly affected persons have an opportunity
to participate and provide input.
For the 2004-05 and subsequent crop years the committee
recommended, and USDA approved, an assessment rate that would continue
in effect from crop year to crop year unless modified, suspended, or
terminate by USDA upon recommendation and information submitted by the
committee or other information available to USDA.
The committee met on June 30, 2005, and unanimously recommended a
decreased assessment rate of $0.65 per ton of salable dried prunes and
a decreased level of expenses for the 2005-06 crop year. The committee
recommended a total budget of $89,090. The assessment rate of $0.65 per
ton of salable dried prunes is $5.35 lower than the rate in effect
prior to implementation of the interim final rule.
The committee recommended a lower assessment rate based on an
estimated production of 104,500 tons of salable dried prunes. The
committee's expenses are being reduced significantly from the 2004-05
budget as the result of the August 1, 2005, suspension of the reporting
and handling requirements under the order. The assessment rate of $0.65
per ton of salable dried prunes plus excess funds from the 2004-2005
crop year are expected to provide sufficient funds for the committee's
reduced activities.
In comparison, the actual expenditures for the 2004-05 crop year
[[Page 76972]]
were $284,000 and the assessment rate was $6.00 per ton of salable
prunes, based upon 47,203 salable tons.
The following table compares the major budget expenditures
recommended by the committee on June 30, 2005, and major budget
expenditures in the 2004-05 budget.
------------------------------------------------------------------------
Budget expense categories 2004-05 2005-06
------------------------------------------------------------------------
Total Personnel Salaries................ $208,335 $45,945
Total Operating Expenses................ 54,500 16,755
Reserve for Contingencies............... 21,165 26,390
------------------------------------------------------------------------
The assessment rate recommended by the committee was derived by
dividing anticipated expenses by the estimated salable tons of
California dried prunes. Production of dried prunes for the year is
estimated to be 104,500 salable tons, which should provide $67,925 in
assessment income. Income derived from handler assessments plus excess
funds from the 2004-2005 crop year should be adequate to cover budgeted
expenses. The committee is authorized to use excess assessment funds
from the 2004-05 crop year (currently estimated at $13,000) for up to 5
months beyond the end of the crop year to meet 2005-06 crop year
expenses. At the end of the 5 months, the committee either refunds or
credits excess funds to handlers (Sec. 993.81(c)).
The assessment rate 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
crop year 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 would
be undertaken as necessary. The committee'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.
There are approximately 1,100 producers of dried prunes in the
production area and approximately 22 handlers subject to regulation
under the marketing order. The Small Business Administration (13 CFR
121.201) defines small agricultural producers as those whose annual
receipts are less than $750,000, and small agricultural service firms
as those whose annual receipts are less than $6,000,000.
Eight of the 22 handlers (36.4 percent) shipped over $6,000,000 of
dried prunes and could be considered large handlers by the Small
Business Administration. Fourteen of the 22 handlers (63.6 percent)
shipped under $6,000,000 of dried prunes and could be considered small
handlers. An estimated 32 producers, or less than 3 percent of the
1,100 total producers, would be considered large producers with annual
incomes over $750,000. The majority of handlers and producers of
California dried prunes may be classified as small entities.
The producer price for the 2005-06 crop year is expected to average
between $1,500 and $1,600 per ton of salable dried prunes. Based on an
estimated 104,500 salable tons of dried prunes, assessment revenue as a
percentage of producer prices during the 2005-06 crop year is expected
to be between .041 and .043 percent.
This rule continues in effect the action that decreased the
assessment rate established for the committee and collected from
handlers for the 2005-06 and subsequent crop years from $6.00 to $0.65
per ton of salable dried prunes. The committee unanimously recommended
a 2005-06 total budget of $89,090 and a decreased assessment rate of
$0.65 per ton of salable dried prunes at the meeting on June 30, 2005.
The recommended budget of $89,090 is significantly reduced for the
2005-06 crop year as compared to previous crop years. The assessment
rate of $0.65 per ton of salable dried prunes is $5.35 lower than the
previous rate. The quantity of salable dried prunes for the 2005-06
crop year is now estimated at 104,500 salable tons.
The following table compares the major budget expenditures
recommended by the committee on June 30, 2005, and major budget
expenditures in the 2004-05 budget.
------------------------------------------------------------------------
Budget expense categories 2004-05 2005-06
------------------------------------------------------------------------
Total Personnel Salaries................ $208,335 $45,945
Total Operating Expenses................ 54,500 16,755
Reserve for Contingencies............... 21,165 26,390
------------------------------------------------------------------------
Prior to arriving at its budget of $89,090, the committee
considered information from various sources, such as the committee's
Executive Subcommittee. An alternative to this action would be to
continue with the $6.00 per ton assessment rate. However, an assessment
rate of $0.65 per ton of salable dried prunes and excess funds from the
2004-2005 crop year will provide enough income is to fund the
committee's reduced activities after the August 1, 2005, suspension of
the handling and reporting requirements.
[[Page 76973]]
Therefore, the Executive Subcommittee and committee agreed that
$0.65 per ton of salable dried prunes is an acceptable assessment rate.
The committee is authorized to use excess assessment funds from the
2004-05 crop year (currently estimated at $13,000) for up to 5 months
beyond the end of the crop year to meet 2003-04 crop year expenses. At
the end of the 5 months, the committee either refunds or credits excess
funds to handlers (Sec. 993.81(c)).
This action continues in effect the action that decreased the
assessment obligation imposed on handlers. Assessments are applied
uniformly on all handlers, and some of the costs may be passed on to
producers. However, decreasing the assessment rate reduces the burden
on handlers, and may reduce the burden on producers. In addition, the
committee's meeting was widely publicized throughout the California
dried prune industry and all interested persons were invited to attend
the meeting and participate in committee deliberations on all issues.
Like all committee meetings, the June 30, 2005, meeting was a public
meeting and all entities, both large and small, were encouraged to
express views on this issue.
This action imposes no additional reporting or recordkeeping
requirements on either small or large California dried prune 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 September 15, 2005. The committee staff mailed
copies of the rule to all committee members, alternates, and prune
handlers. In addition, the rule was made available through the Internet
by the Office of the Federal Register and USDA. That rule provided for
a 60-day comment period which ended November 14, 2005. Three comments
were received. Two comments were not relevant to the rulemaking action,
and one comment supported the reduced assessment rate for prunes.
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 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 993
Marketing agreements, Plums, Prunes, Reporting and recordkeeping
requirements.
0
For the reasons set forth in the preamble, 7 CFR part 993 is amended as
follows:
PART 993--DRIED PRUNES PRODUCED IN CALIFORNIA
0
Accordingly, the interim final rule amending 7 CFR part 993 which was
published at 70 FR 54469 on September 15, 2005, is adopted as a final
rule without change.
Dated: December 22, 2005.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. 05-24544 Filed 12-28-05; 8:45 am]
BILLING CODE 3410-02-P
