Domestic Dates Produced or Packed in Riverside County, CA; Decreased Assessment Rate, 51354-51357 [07-4368]
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Federal Register / Vol. 72, No. 173 / Friday, September 7, 2007 / Rules and Regulations
participant’s name and the participant’s
account number or Social Security
number. A written inquiry from a
spouse or former spouse or a beneficiary
of the participant must include the
inquiring party’s name and Social
Security number or, if available, the
case reference number as well as the
name and Social Security number or
account number of the participant.
Other third party inquiries (e.g., from
other Federal agencies authorized to
obtain information about the
participant’s account) must include, at a
minimum, the participant’s name and
Social Security number.
*
*
*
*
*
(2) * * * To access these features, the
participant may be required to provide
identity and account verification
information such as his or her account
number, PIN, or Web password.
*
*
*
*
*
I 4. Amend § 1630.7 as follows:
I a. Revised paragraph (b).
I b. In the first sentence in paragraph
(c)(1) after the words ‘‘their respective’’
add the words ‘‘account numbers (or
case reference numbers) or’’.
I c. In the first sentence in paragraph
(c)(2) after the words and punctuation
mark ‘‘her name,’’ add the words
‘‘account number (or case reference
number) or’’.
I d. In paragraph (c)(3) amend the
second sentence and remove the third
sentence as follows:
§ 1630.7
Identification requirements.
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(b) In writing. A participant shall
provide his or her name, date of birth,
and account number or Social Security
number and shall sign the request. Most
other individuals shall provide the
participant’s account number or Social
Security number, shall provide a
statement of relationship to the
participant unless it is clearly identified
in the nature of the correspondence, and
shall sign the request. If a request for
access is granted by mail and, in the
opinion of the Privacy Act Officer or
record keeper designee after consulting
with the appropriate system manager,
the disclosure of the records through the
mail may result in harm or
embarrassment (if a person other than
the subject individual were to receive
the records), a notarized statement of
identity or some other similar assurance
of identity will be required.
*
*
*
*
*
(c) * * *
(3) * * * These systems may require
identity and account verification
information such as the participant’s
account number and Web password or
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PIN for the Web site and ThriftLine
respectively.
DEPARTMENT OF AGRICULTURE
PART 1640—PERIODIC PARTICIPANT
STATEMENTS
7 CFR Part 987
Agricultural Marketing Service
I
[Docket No. AMS–FV–07–0104; FV07–987–
1 IFR]
Authority: 5 U.S.C. 8439(c)(1) and (c)(2), 5
U.S.C. 8474(b)(5) and (c)(1).
Domestic Dates Produced or Packed in
Riverside County, CA; Decreased
Assessment Rate
§ 1640.3
AGENCY:
5. The authority citation for part 1640
continues to read as follows:
[Amended]
6. In § 1640.3, paragraph (a), remove
the words ‘‘Social Security’’ and add, in
their place, the word ‘‘account.’’
I
PART 1653—COURT ORDERS AND
LEGAL PROCESSES AFFECTING
THRIFT SAVINGS PLAN ACCOUNTS
7. The authority citation for part 1653
continues to read as follows:
I
Authority: 5 U.S.C. 8435, 8436(b), 8437(e),
8439(a)(3), 8467, 8474(b)(5) and 8474(c)(1).
8. In § 1653.2, paragraph (a)(3)(iv),
revise Examples (1), (2), and (3) to read
as follows:
I
§ 1653.2 Qualifying retirement benefits
court orders.
(a) * * *
(3) * * *
(iv) * * *
Example (1). ORDERED: [payee’s name,
Social Security number (SSN), and address]
is awarded $____ from the [civilian or
uniformed services] Thrift Savings Plan
account of [participant’s name, account
number or SSN, and address].
Example (2). ORDERED: [payee’s name,
SSN, and address] is awarded ____% of the
[civilian and/or uniformed services] Thrift
Savings Plan account[s] of [participant’s
name, account number or SSN, and address]
as of [date].
Example (3). ORDERED: [payee’s name,
SSN, and address] is awarded [fraction] of
the [civilian and/or uniformed services]
Thrift Savings Plan account[s] of
[participant’s name, account number or SSN,
and address] as of [date].
§ 1653.3
[Amended]
9. In § 1653.3(b)(1), before the words
‘‘Social Security number (SSN)’’ add the
words ‘‘account number or.’’
I
§ 1653.13
[Amended]
10. In § 1653.13(b)(1), before the
words ‘‘Social Security number (SSN)’’
add the words ‘‘account number or.’’
I
[FR Doc. E7–17646 Filed 9–6–07; 8:45 am]
BILLING CODE 6760–01–P
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Agricultural Marketing Service,
USDA.
ACTION: Interim final rule with request
for comments.
SUMMARY: This rule decreases the
assessment rate established for the
California Date Administrative
Committee (committee) for the 2007–08
and subsequent crop year from $0.95 to
$0.75 per hundredweight of dates
handled. The committee recommended
decreasing the assessment rate to reduce
its cash reserve levels. The committee
locally administers the marketing order
which regulates the handling of dates
grown or packed in Riverside County,
California. Assessments upon date
handlers are used by the committee to
fund reasonable and necessary expenses
of the program. The crop year begins
October 1 and ends September 30. The
assessment rate will remain in effect
indefinitely unless modified,
suspended, or terminated.
DATES: Effective September 10, 2007.
Comments received by November 6,
2007, will be considered prior to
issuance of a final rule.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this rule. Comments must be
sent to the Docket Clerk, Marketing
Order Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, 1400
Independence Avenue, SW., STOP
0237, Washington, DC 20250–0237; Fax:
(202) 720–8938; or Internet: https://
www.regulations.gov. Comments should
reference the docket number and the
date and page number of this issue of
the Federal Register and will be
available for public inspection in the
Office of the Docket clerk during regular
business hours, or can be viewed at:
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Terry Vawter, Senior Marketing
Specialist, or Kurt J. Kimmel, Regional
Manager, California Marketing Field
Office, Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA; Telephone: (559) 487–
5901, Fax: (559) 487–5906, or E-mail:
Terry.Vawter@usda.govor or
Kurt.Kimmel@usda.gov.
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Federal Register / Vol. 72, No. 173 / Friday, September 7, 2007 / Rules and Regulations
Small businesses may request
information on complying with this
regulation by contacting Jay Guerber,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence
Avenue, SW., STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or E-mail:
Jay.Guerber@usda.gov.
SUPPLEMENTARY INFORMATION: This rule
is issued under Marketing Order No.
987, as amended (7 CFR part 987),
regulating the handling of dates grown
or packed in Riverside County,
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 date 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 dates
beginning October 1, 2007, 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 3 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 decreases the assessment
rate established for the committee for
the 2007–08 and subsequent crop years
from $0.95 per to $0.75 per
hundredweight of dates.
The California date marketing order
provides authority for the committee,
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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 dates.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 4
discussed in a public meeting. Thus, all
directly affected persons have an
opportunity to participate and provide
input.
For the 2005–06 crop year 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 terminated by
USDA upon recommendation and
information submitted by the committee
or other information available to USDA.
The committee met on June 21, 2007,
and unanimously recommended 2007–
08 expenditures of $209,182 and an
assessment rate of $0.75 per
hundredweight of California dates. In
comparison, last year’s budgeted
expenditures were $127,485. The
assessment rate of $0.75 is $0.20 lower
than the rate currently in effect. The
committee believes that the assessment
rate should be reduced, because the
2006–07 crop was 3 million pounds
larger than expected, resulting in
$102,652 in accumulated cash reserves
available for 2007–08 expenditures.
Section 987.72(c) states that the reserve
may not exceed 50 percent of the
average of expenses incurred during the
most recent five preceding crop years.
The committee believes the decreased
assessment rate will allow it to reduce
the amount it holds in cash reserves to
$30,115, by September 30, 2008, the end
of the 2007–08 crop year. That reserve
amount would be within the limits
provided in § 987.72(c)
Proceeds from sales of cull dates are
deposited in a surplus account for
subsequent use by the committee in
covering the surplus pool share of the
committee’s expenses. Handlers may
also dispose of cull dates of their own
production within their own livestockfeeding operation; otherwise, such cull
dates must be shipped or delivered to
the committee for sale to non-human
food product outlets. Pursuant to
§ 987.72(b), the committee is authorized
to temporarily use funds derived from
assessments to defray expenses incurred
in disposing of surplus dates. All such
expenses are required to be deducted
from proceeds obtained by the
committee from the disposal of surplus
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51355
dates. For the 2007–08 crop year, the
committee estimated that $2,000 from
the surplus account would be needed to
refund assessments used in paying
committee expenses incurred in
disposing of surplus dates.
The major expenditures
recommended by the committee for the
2007–08 crop year include $87,312 for
general and administrative programs,
$67,870 for promotional programs,
$24,000 for marketing and media
consulting, $5,000 for moving expenses,
and $5,000 for updating marketing
materials. The committee also budgeted
$20,000 as a contingency reserve for
other marketing and promotion projects
that it may wish to support later in the
year.
By comparison, expenditures for the
2006–07 crop year were $127,485. Major
expenditures recommended by the
committee included $75,095 for general
and administrative expenses, $22,390
for promotional expenses, and $30,000
for date nutritional analysis.
The assessment rate recommended by
the committee was derived by adding
the incoming reserve funds from the
2006–07 crop year ($105,652), plus the
anticipated assessment income from an
estimated crop of 19,000,000 million
pounds at $0.75 per hundredweight
($142,500) along with the contribution
from the surplus program ($2,000),
minus the proposed expenses of
$209,182, and a refund of excess
assessments of $10,855, leaving a
reserve of $30,115 to carry into the
2008–09 crop year.
The assessment rate established in
this rule will continue in effect
indefinitely unless modified,
suspended, or terminated by USDA
upon recommendation and information
submitted by the committee or other
available information.
Although this assessment rate is
effective for an indefinite period, the
committee will continue to meet prior to
or during each 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 will be
undertaken as necessary. The
committee’s 2007–08 budget and those
for subsequent crop years will be
reviewed and, as appropriate, approved
by USDA.
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Federal Register / Vol. 72, No. 173 / Friday, September 7, 2007 / Rules and Regulations
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Initial 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 initial 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.
There are approximately 124
producers of dates in the production
area and approximately 10 handlers
subject to regulation under the
marketing order. The Small Business
Administration (13 CFR 121.201)
defines small agricultural producers as
those having annual receipts of less than
$750,000, and small agricultural service
firms are defined as those having annual
receipts of less than $6,500,000.
An industry profile shows that four of
the 10 handlers (40 percent) had date
sales over $6,500,000 and could be
considered large handlers by the Small
Business Administration. Six of the 10
handlers (60 percent) had date sales of
less than $6,500,000 and could be
considered small handlers. An
estimated 7 producers, or less than 6
percent, of the 124 total producers,
would be considered large producers
with annual incomes over $750,000.
The remaining producers have incomes
less than $750,000. The majority of
handlers and producers of California
dates may be classified as small entities.
This rule decreases the assessment
rate established for the committee and
collected from handlers for the 2007–08
and subsequent crop years from $0.95 to
$0.75 per hundredweight of dates
handled. The committee unanimously
recommended 2007–08 expenditures of
$209,182 and an assessment rate of
$0.75 per hundredweight of dates,
which is $0.20 lower than the 2005–06
rate, currently in effect. The committee
recommended decreasing the
assessment rate to reduce its cash
reserve levels.
The quantity of assessable dates for
the 2007–08 crop year is estimated at
19,000,000 pounds. Thus, the $0.75 rate
should provide $142,500 in assessment
income and, with reserve funds of
$105,652 and the $20,000 contribution
from the surplus program, will be
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adequate to meet the 2007–08 crop year
expenses.
The major expenditures
recommended by the committee for the
2007–08 crop year include $87,312 for
general and administrative programs,
$67,870 for promotional programs,
$24,000 for marketing and media
consulting, $5,000 for moving expenses,
and $5,000 for updating marketing
materials. The committee also budgeted
$2,000 as a contingency reserve for
other marketing and promotion projects
that it may wish to support later in the
year.
The committee believes that the
assessment rate should be reduced
because the unanticipated increased
date production during the 2006–07
crop year resulted in a larger carry-in of
funds than the committee prefers. The
decrease in the assessment rate would
allow the committee to reduce its cash
reserves to an appropriate level.
The committee reviewed and
unanimously recommended 2007–08
crop year expenditures of $209,180.
Prior to arriving at this budget, the
committee considered information from
various sources, such as the committee’s
Marketing Subcommittee. Alternative
expenditure levels were an option
available to the committee, but given the
windfall from the larger-than-expected
2006–07 crop, it was ultimately
determined that a $209,180 budget
would be most beneficial to the
industry. The assessment rate of $0.75
per hundredweight of dates was then
derived, based upon the committee’s
estimates of the incoming reserve,
income, and anticipated expenses.
A review of historical information and
preliminary information pertaining to
the upcoming crop year indicates that
the grower price for the 2007–08 crop
year could range between $45 and $50
per hundredweight of dates. Therefore,
the estimated assessment revenue for
the 2007–08 crop year as a percentage
of total grower revenue is approximately
1.67 to 1.5 percent, respectively.
This action decreases 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
date 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 21, 2007, meeting
was a public meeting and all entities,
both large and small, were able to
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express views on this issue. Finally,
interested persons are invited to submit
comments on this interim final rule,
including the regulatory and
informational impacts of this action on
small businesses.
This action imposes no additional
reporting or recordkeeping requirements
on either small or large California date
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.
AMS is committed to complying with
the E-Government Act, to promote the
use of the Internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
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.
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.
Pursuant to 5 U.S.C. 553, it is also
found and determined upon good cause
that it is impracticable, unnecessary,
and contrary to the public interest to
give preliminary notice prior to putting
this rule into effect, and 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 2007–08 crop year
begins on October 1, 2007, and the
marketing order requires that the rate of
assessment for each crop years apply to
all assessable dates handled during such
crop year; (2) the action decreases the
assessment rate for assessable dates
beginning with the 2007–08 crop year;
(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; and (4) this
interim final rule provides a 60-day
comment period, and all comments
timely received will be considered prior
to finalization of this rule.
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Federal Register / Vol. 72, No. 173 / Friday, September 7, 2007 / Rules and Regulations
List of Subjects in 7 CFR Part 987
Dates, Marketing agreements,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 7 CFR part 987 is amended as
follows:
I
PART 997—DATES PRODUCED OR
PACKED IN RIVERSIDE COUNTY,
CALIFORNIA
1. The authority citation for 7 CFR
part 987 continues to read as follows:
I
Authority: 7 U.S.C. 601–674.
Section 987.339 is revised to read as
follows:
I
§ 987.339
Assessment rate.
On and after October 1, 2007, an
assessment rate of $0.75 per
hundredweight is established for
California dates.
Dated: August 30, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. 07–4368 Filed 9–6–07; 8:45 am]
BILLING CODE 3410–02–M
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2007–28559; Airspace
Docket No. 07–AEA–03]
Removal of Class D and E Airspace;
Utica, NY; Amendment of Class D and
E Airspace; Rome, NY; Establishment
of Class E Airspace; Rome, NY
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
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AGENCY:
SUMMARY: This action will remove the
Class D, E2, E4, and E5 airspace at
Utica, NY, and amend the Class D and
E2 airspace at Rome, NY. This action
will also establish Class E5 airspace at
Rome, NY. The Oneida County Airport,
Utica, NY, is permanently closed and no
longer operational, moving aircraft
operations to Griffiss Airfield, Rome,
NY. The closure necessitates the
removal of all Class D and E airspace at
Utica, NY. Subsequently, this action
amends the Class D and E2 airspace at
Rome, NY, published in the Federal
Register on January 25, 2007, (72 FR
3365) but not charted due to
inaccuracies in the legal descriptions.
This action will also establish Class E5
airspace at Rome, NY, to replace the
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Class E5 airspace being removed at
Utica, NY. Class D surface area airspace
is required when the control tower is
open to contain Standard Instrument
Approach Procedures (SIAPs) and other
Instrument Flight Rules (IFR) operations
at the airport. Class E2 surface area
airspace is required when the control
tower is closed to contain SIAPs and
other IFR operations at the airport. Class
E5 airspace extends upward from 700
feet Above Ground Level (AGL) and is
required to contain SIAPs and other IFR
operations at the airport. This action
will amend Class D airspace extending
upward from the surface to and
including 3,000 feet MSL within an 8.4mile radius and Class E2 airspace
within an 8.4-mile radius of the Griffiss
Airfield. This action will also establish
Class E5 airspace extending upward
from 700 feet above the surface within
a 10.9 mile radius of Griffiss Airfield
and within 5 miles each side of the
Griffiss Airfield ILS localizer northwest
course from the 10.9-mile radius to 15
miles northwest of Griffiss Airfield and
within a 26-mile radius of the airport
extending clockwise from a 125° bearing
to 200° bearing from the airport.
DATES: Effective Date: 0901 UTC,
October 25, 2007. The Director of the
Federal Register approves this
incorporation by reference action under
1 CFR, part 51, subject to the annual
revision of FAA Order 7400.9 and
publication of conforming amendments.
FOR FURTHER INFORMATION CONTACT:
Mark D. Ward, Manager, System
Support, Eastern Service Center, Federal
Aviation Administration, P.O. Box
20636, Atlanta, Georgia 30320;
telephone (404) 305–5586.
SUPPLEMENTARY INFORMATION:
History
On January 1, 2007, the Oneida
County Airport, Utica, NY, was
permanently closed and airport
operations terminated. The closure,
therefore, requires the removal of all
Class D and E airspace at Utica, NY.
Subsequently, operations were moved to
Griffiss Airfield, Rome, NY, and Class D
and E2 airspace areas were established.
An amendment is required to correct
errors in the legal description of the
Class D and E airspace which has
prevented the airspace from being
charted. Establishment of Class E5
airspace at Rome, NY, is required to
replace the Class E5 airspace being
removed at Utica, NY. This rule
becomes effective on the date specified
in the ‘‘Effective Date’’ section. Since
this action eliminates the impact of
controlled airspace on users of airspace
in the vicinity of Utica, NY, and has no
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51357
significant impact on the users of the
airspace in the vicinity of the Griffiss
Airfield, Rome, NY, notice and public
procedure under 5 U.S.C. 553(b) are not
necessary. Designations for Class D and
E Surface Area Airspace, Class E
Airspace Areas D Surface Area, and
Class E Airspace Areas Extending
Upward from 700 feet or More Above
the Surface of the Earth are published in
paragraphs 5000, 6002, 6004 and 6005
respectively of FAA Order 7400.9P,
dated September 1, 2006, and effective
September 15, 2006, which is
incorporated by reference in 14 CFR
71.1. The Class D and Class E airspace
designations listed in this document
will be published subsequently in the
Order.
The Rule
This amendment to part 71 of the
Federal Aviation Regulations (14 CFR
part 71) removes Class D, E2, E4, and E5
airspace at Utica, NY, amends Class D,
and E2 airspace at Rome, NY, and
establishes Class E5 airspace at Rome,
NY.
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore, (1) is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule will not have
a significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
I
PART 71—DESIGNATION OF CLASS A,
CLASS B, CLASS C, CLASS D AND
CLASS E AIRSPACE AREAS;
AIRWAYS; ROUTES; AND REPORTING
POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
I
E:\FR\FM\07SER1.SGM
07SER1
]]>Agencies
[Federal Register Volume 72, Number 173 (Friday, September 7, 2007)]
[Rules and Regulations]
[Pages 51354-51357]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-4368]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 987
[Docket No. AMS-FV-07-0104; FV07-987-1 IFR]
Domestic Dates Produced or Packed in Riverside County, CA;
Decreased Assessment Rate
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule with request for comments.
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SUMMARY: This rule decreases the assessment rate established for the
California Date Administrative Committee (committee) for the 2007-08
and subsequent crop year from $0.95 to $0.75 per hundredweight of dates
handled. The committee recommended decreasing the assessment rate to
reduce its cash reserve levels. The committee locally administers the
marketing order which regulates the handling of dates grown or packed
in Riverside County, California. Assessments upon date handlers are
used by the committee to fund reasonable and necessary expenses of the
program. The crop year begins October 1 and ends September 30. The
assessment rate will remain in effect indefinitely unless modified,
suspended, or terminated.
DATES: Effective September 10, 2007. Comments received by November 6,
2007, will be considered prior to issuance of a final rule.
ADDRESSES: Interested persons are invited to submit written comments
concerning this rule. Comments must be sent to the Docket Clerk,
Marketing Order Administration Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC
20250-0237; Fax: (202) 720-8938; or Internet: https://
www.regulations.gov. Comments should reference the docket number and
the date and page number of this issue of the Federal Register and will
be available for public inspection in the Office of the Docket clerk
during regular business hours, or can be viewed at: https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Terry Vawter, Senior Marketing
Specialist, or Kurt J. Kimmel, Regional Manager, California Marketing
Field Office, Marketing Order Administration Branch, Fruit and
Vegetable Programs, AMS, USDA; Telephone: (559) 487-5901, Fax: (559)
487-5906, or E-mail: Terry.Vawter@usda.govor or Kurt.Kimmel@usda.gov.
[[Page 51355]]
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. 987, as amended (7 CFR part 987), regulating the handling of dates
grown or packed in Riverside County, 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
date 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 dates
beginning October 1, 2007, 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 3 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 decreases the assessment rate established for the
committee for the 2007-08 and subsequent crop years from $0.95 per to
$0.75 per hundredweight of dates.
The California date 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 dates.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 4 discussed in a public meeting.
Thus, all directly affected persons have an opportunity to participate
and provide input.
For the 2005-06 crop year 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
terminated by USDA upon recommendation and information submitted by the
committee or other information available to USDA.
The committee met on June 21, 2007, and unanimously recommended
2007-08 expenditures of $209,182 and an assessment rate of $0.75 per
hundredweight of California dates. In comparison, last year's budgeted
expenditures were $127,485. The assessment rate of $0.75 is $0.20 lower
than the rate currently in effect. The committee believes that the
assessment rate should be reduced, because the 2006-07 crop was 3
million pounds larger than expected, resulting in $102,652 in
accumulated cash reserves available for 2007-08 expenditures. Section
987.72(c) states that the reserve may not exceed 50 percent of the
average of expenses incurred during the most recent five preceding crop
years. The committee believes the decreased assessment rate will allow
it to reduce the amount it holds in cash reserves to $30,115, by
September 30, 2008, the end of the 2007-08 crop year. That reserve
amount would be within the limits provided in Sec. 987.72(c)
Proceeds from sales of cull dates are deposited in a surplus
account for subsequent use by the committee in covering the surplus
pool share of the committee's expenses. Handlers may also dispose of
cull dates of their own production within their own livestock-feeding
operation; otherwise, such cull dates must be shipped or delivered to
the committee for sale to non-human food product outlets. Pursuant to
Sec. 987.72(b), the committee is authorized to temporarily use funds
derived from assessments to defray expenses incurred in disposing of
surplus dates. All such expenses are required to be deducted from
proceeds obtained by the committee from the disposal of surplus dates.
For the 2007-08 crop year, the committee estimated that $2,000 from the
surplus account would be needed to refund assessments used in paying
committee expenses incurred in disposing of surplus dates.
The major expenditures recommended by the committee for the 2007-08
crop year include $87,312 for general and administrative programs,
$67,870 for promotional programs, $24,000 for marketing and media
consulting, $5,000 for moving expenses, and $5,000 for updating
marketing materials. The committee also budgeted $20,000 as a
contingency reserve for other marketing and promotion projects that it
may wish to support later in the year.
By comparison, expenditures for the 2006-07 crop year were
$127,485. Major expenditures recommended by the committee included
$75,095 for general and administrative expenses, $22,390 for
promotional expenses, and $30,000 for date nutritional analysis.
The assessment rate recommended by the committee was derived by
adding the incoming reserve funds from the 2006-07 crop year
($105,652), plus the anticipated assessment income from an estimated
crop of 19,000,000 million pounds at $0.75 per hundredweight ($142,500)
along with the contribution from the surplus program ($2,000), minus
the proposed expenses of $209,182, and a refund of excess assessments
of $10,855, leaving a reserve of $30,115 to carry into the 2008-09 crop
year.
The assessment rate established in this rule will continue in
effect indefinitely unless modified, suspended, or terminated by USDA
upon recommendation and information submitted by the committee or other
available information.
Although this assessment rate is effective for an indefinite
period, the committee will continue to meet prior to or during each
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 will
be undertaken as necessary. The committee's 2007-08 budget and those
for subsequent crop years will be reviewed and, as appropriate,
approved by USDA.
[[Page 51356]]
Initial 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 initial 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.
There are approximately 124 producers of dates in the production
area and approximately 10 handlers subject to regulation under the
marketing order. The Small Business Administration (13 CFR 121.201)
defines small agricultural producers as those having annual receipts of
less than $750,000, and small agricultural service firms are defined as
those having annual receipts of less than $6,500,000.
An industry profile shows that four of the 10 handlers (40 percent)
had date sales over $6,500,000 and could be considered large handlers
by the Small Business Administration. Six of the 10 handlers (60
percent) had date sales of less than $6,500,000 and could be considered
small handlers. An estimated 7 producers, or less than 6 percent, of
the 124 total producers, would be considered large producers with
annual incomes over $750,000. The remaining producers have incomes less
than $750,000. The majority of handlers and producers of California
dates may be classified as small entities.
This rule decreases the assessment rate established for the
committee and collected from handlers for the 2007-08 and subsequent
crop years from $0.95 to $0.75 per hundredweight of dates handled. The
committee unanimously recommended 2007-08 expenditures of $209,182 and
an assessment rate of $0.75 per hundredweight of dates, which is $0.20
lower than the 2005-06 rate, currently in effect. The committee
recommended decreasing the assessment rate to reduce its cash reserve
levels.
The quantity of assessable dates for the 2007-08 crop year is
estimated at 19,000,000 pounds. Thus, the $0.75 rate should provide
$142,500 in assessment income and, with reserve funds of $105,652 and
the $20,000 contribution from the surplus program, will be adequate to
meet the 2007-08 crop year expenses.
The major expenditures recommended by the committee for the 2007-08
crop year include $87,312 for general and administrative programs,
$67,870 for promotional programs, $24,000 for marketing and media
consulting, $5,000 for moving expenses, and $5,000 for updating
marketing materials. The committee also budgeted $2,000 as a
contingency reserve for other marketing and promotion projects that it
may wish to support later in the year.
The committee believes that the assessment rate should be reduced
because the unanticipated increased date production during the 2006-07
crop year resulted in a larger carry-in of funds than the committee
prefers. The decrease in the assessment rate would allow the committee
to reduce its cash reserves to an appropriate level.
The committee reviewed and unanimously recommended 2007-08 crop
year expenditures of $209,180. Prior to arriving at this budget, the
committee considered information from various sources, such as the
committee's Marketing Subcommittee. Alternative expenditure levels were
an option available to the committee, but given the windfall from the
larger-than-expected 2006-07 crop, it was ultimately determined that a
$209,180 budget would be most beneficial to the industry. The
assessment rate of $0.75 per hundredweight of dates was then derived,
based upon the committee's estimates of the incoming reserve, income,
and anticipated expenses.
A review of historical information and preliminary information
pertaining to the upcoming crop year indicates that the grower price
for the 2007-08 crop year could range between $45 and $50 per
hundredweight of dates. Therefore, the estimated assessment revenue for
the 2007-08 crop year as a percentage of total grower revenue is
approximately 1.67 to 1.5 percent, respectively.
This action decreases 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 date 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 21,
2007, 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 comments on this interim final rule,
including the regulatory and informational impacts of this action on
small businesses.
This action imposes no additional reporting or recordkeeping
requirements on either small or large California date 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.
AMS is committed to complying with the E-Government Act, to promote
the use of the Internet and other information technologies to provide
increased opportunities for citizen access to Government information
and services, and for other purposes.
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: 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.
Pursuant to 5 U.S.C. 553, it is also found and determined upon good
cause that it is impracticable, unnecessary, and contrary to the public
interest to give preliminary notice prior to putting this rule into
effect, and 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 2007-08 crop year begins on October 1, 2007,
and the marketing order requires that the rate of assessment for each
crop years apply to all assessable dates handled during such crop year;
(2) the action decreases the assessment rate for assessable dates
beginning with the 2007-08 crop year; (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; and (4) this interim final rule provides a 60-day comment
period, and all comments timely received will be considered prior to
finalization of this rule.
[[Page 51357]]
List of Subjects in 7 CFR Part 987
Dates, Marketing agreements, Reporting and recordkeeping
requirements.
0
For the reasons set forth in the preamble, 7 CFR part 987 is amended as
follows:
PART 997--DATES PRODUCED OR PACKED IN RIVERSIDE COUNTY, CALIFORNIA
0
1. The authority citation for 7 CFR part 987 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
0
Section 987.339 is revised to read as follows:
Sec. 987.339 Assessment rate.
On and after October 1, 2007, an assessment rate of $0.75 per
hundredweight is established for California dates.
Dated: August 30, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. 07-4368 Filed 9-6-07; 8:45 am]
BILLING CODE 3410-02-M
