Dried Prunes Produced in California; Increased Assessment Rate, 51381-51384 [07-4369]
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Federal Register / Vol. 72, No. 173 / Friday, September 7, 2007 / Proposed Rules
Due to the pending termination of the
CPC, the committee will need to begin
collecting production, producer, and
inventory data directly from handlers.
The committee would use this
information in its marketing policy
deliberations each year when it reviews
the production, harvesting, processing,
and storage of the California crop. They
would also use it conduct committee
nominations, and USDA would use it to
conduct periodic producer referenda.
The committee needs accurate
information to effectively administer the
order.
The information collected would be
used only by authorized representatives
of the USDA, including AMS, Fruit and
Vegetable Programs regional and
headquarters staff, and authorized
employees of the committee. Authorized
committee staff are the primary users of
the information, and AMS is the
secondary user. Such information
would be kept confidential in
accordance with the Act and the order.
Estimated Annual Burden for Each
Form
The proposed request for revision of
a currently-approved information
collection under the order is as follows:
pwalker on PROD1PC71 with PROPOSALS
ACP–7, Monthly Report of Inventory/
Shipments Form
Handlers would use this form to
report their monthly inventory, receipts,
domestic and export shipments of
pistachios, interhandler transfers, nonhandler purchases of California product,
inventory adjustments, and the ending
inventory. Because small handlers are
exempt from filing all forms other than
the ACP–4, there are only an estimated
20 huller/dryer handlers who would be
required to file this form.
Estimate of Burden: Public reporting
burden for this collection of information
is estimated to average 12 minutes per
response.
Respondents: Persons who handle
California pistachios.
Estimated Number of Respondents:
20.
Estimated Number of Total Annual
Responses: 240.
Estimated Number of Responses per
Respondent: 12.
Estimated Total Annual Burden on
Respondents: 48 hours.
ACP–8, Producer Delivery Report Form
Handlers would use this form
annually to notify the committee of the
receipts of pistachios and to report
information on producers who own the
acreage upon which the pistachios are
grown. There are only an estimated 14
producers/handlers who receive
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pistachios for processing from other
producers, thus, there would be fewer
handlers filing this form.
Estimate of Burden: Public reporting
burden for this collection of information
is estimated to average 12 minutes per
response.
Respondents: California pistachio
handlers who receive pistachios grown
in California.
Estimated Number of Respondents:
14.
Estimated Number of Total Annual
Reponses: 14.
Estimated Number of Responses per
Respondent: 1.
Estimated Total Annual Burden on
Respondents: 2.8 hours.
Comments: Comments are invited on:
(1) Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(2) the accuracy of the agency’s estimate
of the burden of the proposed collection
of information, including the validity of
the methodology and assumptions used;
(3) ways to enhance the quality, utility,
and clarity of the information to be
collected; and (4) ways to minimize the
burden of the collection of information
on those who are to respond, including
the use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology.
Comments should reference OMB No.
0581–0215 and the Marketing Order for
Pistachios Grown in California, and
should be sent to the USDA in care of
the Docket Clerk at the previousmentioned address or at https://
www.regulations.gov.
All responses to this notice will be
summarized and included in the request
for OMB approval. All comments
received will become a matter of public
record and will be available for public
inspection during regular business
hours at the same address or at https://
www.regulations.gov.
In summary, this proposal would
modify one reporting form and establish
a new reporting requirement under the
order.
Requiring handlers to file the new
reports would allow the committee to
obtain accurate information for
preparation of the mandatory annual
marketing policy statement, and for the
conduct of committee nominations and
periodic referenda. Since the addition of
ACP Form 8 would require changes to
the order’s rules and regulations,
§ 983.147 would be modified to add a
new paragraph (g), and to redesignate
current paragraphs (g) and (h) as
paragraphs (h) and (i).
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51381
All written comments timely received
will be considered before a final
determination is made on this matter.
List of Subjects in 7 CFR Part 983
Pistachios, Marketing agreements and
orders, Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 7 CFR part 983 is proposed to
be amended as follows:
PART 983—PISTACHIOS GROWN IN
CALIFORNIA
1. The authority citation for 7 CFR
part 983 continues to read as follows:
Authority: 7 U.S.C. 601–674.
Subpart—Rules and Regulations
2. In § 983.147, current paragraphs (g)
and (h) are redesignated as paragraphs
(h) and (i), and a new paragraph (g) is
added to read as follows:
§ 983.147
Reports.
*
*
*
*
*
(g) ACP–8, Producer Delivery Report.
Each handler of pistachios shall file this
report with the committee by the 15th
day of December of each production
year to report his/her receipts of
pistachios during the current
production year, the names of the
handlers’ producing entities, business
type, and the following information
concerning each producing entity:
Federal Tax Identification number;
mailing and e-mail address; telephone
and fax number; total bearing acres;
county of production; and for the
current production year, the total
receipts of open inshell, closed shell,
shelling stock of each producing entity;
and total pounds of processed
pistachios produced by each producing
entity.
*
*
*
*
*
Dated: August 30, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. 07–4370 Filed 9–6–07; 8:45 am]
BILLING CODE 3410–02–M
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 993
[Docket No. AMS–FV–07–0103; FV07–993–
1 PR]
Dried Prunes Produced in California;
Increased Assessment Rate
AGENCY:
Agricultural Marketing Service,
USDA.
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ACTION:
Federal Register / Vol. 72, No. 173 / Friday, September 7, 2007 / Proposed Rules
Proposed rule.
SUMMARY: This rule would increase the
assessment rate established for the
Prune Marketing Committee
(committee) for the 2007–08 and
subsequent crop years from $0.40 to
$0.60 per ton of salable dried prunes.
The committee locally administers the
marketing order that regulates the
handling of dried prunes in California.
Assessments upon dried prune handlers
are used by the committee to fund
reasonable and necessary expenses of
the program. The higher assessment rate
is needed to offset an anticipated
decrease in dried prune production this
year. The crop year begins August 1 and
ends July 31. The assessment rate would
remain in effect indefinitely unless
modified, suspended, or terminated.
DATES: Comments must be received by
September 27, 2007.
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 made
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 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.gov or
Kurt.Kimmel@usda.gov.
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
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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
proposed herein would be applicable to
all assessable dried prunes beginning on
August 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 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 would increase the
assessment rate established for the
committee for the 2007–08 and
subsequent crop years from $0.40 to
$0.60 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 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 at a public meeting. Thus, all
directly affected persons have an
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opportunity to participate and provide
input.
For the 2006–07 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 28, 2007,
and unanimously recommended an
increased assessment rate of $0.60 per
ton of salable dried prunes and
expenditures totaling $102,523 for the
2007–08 crop year. In comparison, last
year’s approved expenses as amended in
April 2007 were $104,973. The
proposed assessment rate of $0.60 per
ton of salable dried prunes is $0.20
higher than the rate currently in effect.
The committee recommended a
higher assessment rate based on a
production estimate of 95,000 tons of
salable dried prunes for this year, which
is substantially less than the 187,737
tons produced last year. At the proposed
assessment rate the assessment income
for the 2007–08 crop year would be
$57,000. The committee’s proposed
budget of expenses of $102,523 includes
a five percent increase in personnel
expenses, and a two percent increase in
operating expenses. Combined salaries
and expenses are about four percent
higher than last year, or about $65,580.
The committee also included $36,943
for contingencies. Most of the
committee’s expenses reflect its portion
of the joint administrative costs of the
committee and the California Dried
Plum Board. Based on the committee’s
reduced activities in recent years, it is
funding only ten percent of the shared
expenses of the two programs. This
funding level is similar to that of last
year. The committee believes carryover
funds, plus assessment and interest
income, would be adequate to cover its
estimated expenses of $102,523.
The major expenditures
recommended by the committee for the
2007–08 crop year include $50,505 for
salaries and benefits, $15,075 for
operating expenses, and $36,943 for
contingencies. For the 2006–07 crop
year, the committee’s budgeted
expenses were $48,405 for salaries and
benefits, $15,645 for operating expenses,
and $44,326 for contingencies.
The assessment rate recommended by
the committee was derived by dividing
anticipated expenses by the estimated
salable tons of California dried prunes.
Dried prune production for the year is
estimated to be 95,000 salable tons,
which should provide $57,000 in
assessment income at the proposed
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$0.60 per ton of salable dried prunes.
Income derived from handler
assessments, plus excess funds from the
2006–07 crop year should be adequate
to cover budgeted expenses.
The committee is authorized under
§ 993.81(c) of the order to use excess
assessment funds from the 2006–07 crop
year (currently estimated at $45,423) for
up to 5 months beyond the end of the
crop year to meet 2007–08 crop year
expenses. At the end of the 5 months,
the committee either refunds or credits
excess funds to handlers.
The proposed assessment rate would
continue in effect indefinitely unless
modified, suspended, or terminated by
USDA upon recommendation and
information submitted by the
committees or other available
information.
Although this assessment rate would
be in effect for an indefinite period, the
committee would 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 would evaluate the committee’s
recommendations and other available
information to determine whether
modification of the assessment rate is
needed. Further rulemaking would be
undertaken as necessary. The
committees’ 2007–08 budget and those
for subsequent crop years would be
reviewed and, as appropriate, approved
by USDA.
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 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)
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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 $6,500,000.
An estimated 1,068 of the 1,100
producers (97.1 percent) have incomes
of less than $750,000 and would be
considered small producers. Fourteen of
the 22 handlers (63.6 percent) have
incomes from handling prunes of less
than $6,500,000 and could be
considered small handlers. Therefore,
the majority of handlers and producers
of California dried prunes may be
classified as small entities.
This rule would increase the
assessment rate established for the
committee and collected from handlers
for the 2007–08 and subsequent crop
years from $0.40 to $0.60 per ton of
salable dried prunes.
The committee met on June 28, 2007,
and unanimously recommended
estimated expenses for 2007–08 of
$102,523 and an increased assessment
rate of $0.60 per ton of salable dried
prunes. The committee’s recommended
budget was based on a five percent
increase in personnel expenses and a
two percent increase in operating
expenses. Combined salaries and
expenses are about four percent higher
than last year, or about $65,580. The
committee also included $36,943 for
contingencies. Most of the committee’s
expenses reflect its portion of the joint
administrative costs of the committee
and the California Dried Plum Board.
Based on the committee’s reduced
activities in recent years, it is funding
only ten percent of the shared expenses
of the two programs. This funding level
is similar to that of last year. The
committee believes carryover funds,
plus assessment and interest income,
would be adequate to cover its
estimated expenses of $102,523.
The proposed assessment rate of $0.60
per ton of salable dried prunes is $0.20
higher than the rate currently in effect.
The quantity of salable dried prunes for
the 2007–08 crop year is currently
estimated at 95,000 tons of salable dried
prunes, compared to 187,737 tons of
salable dried prunes for the 2006–07
crop year.
The major expenditures
recommended by the committee for the
2007–08 crop year include $50,505 for
salaries and benefits, $15,075 for
operating expenses, and $36,943 for
contingencies. Budgeted expenses for
these items in 2006–07 were $48,405 for
salaries and benefits, $15,645 for
operating expenses, and $44,326 for
contingencies.
The 2007–08 crop year assessment
rate was derived after considering
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51383
anticipated crop year expenses;
estimated production of salable dried
prunes; and the estimated income from
other sources, such as interest.
Therefore, the committee recommended
an assessment rate of $0.60 per ton of
salable dried prunes.
Prior to arriving at its budget of
$102,523, the committee considered
information from various sources,
including the committee’s Executive
Subcommittee. Alternative assessment
rates, including the rate currently in
effect, and different expenditure levels
were discussed by the subcommittee
and the committee. An alternative to
this action would be to continue with
the $0.40 per ton assessment rate.
However, an assessment rate of $0.60
per ton of salable dried prunes, along
with excess funds from the 2006–07
crop year, is needed to provide enough
income to fund the committee’s
operations.
Therefore, the committee agreed that
$0.60 per ton of salable dried prunes is
an acceptable assessment rate. Section
993.81(c) of the order provides the
committee the authority to use excess
assessment funds from the 2006–07 crop
year (currently estimated at $45,423) for
up to 5 months beyond the end of the
crop year to meet 2007–08 crop year
expenses. At the end of the 5 months,
the committee either refunds or credits
excess funds to handlers.
A review of historical information and
preliminary data pertaining to the
upcoming crop year indicates that the
producer price for the 2007–08 crop
year is expected to average between
$1,500 and $1,600 per ton of salable
dried prunes. Based on an estimated
95,000 salable tons of dried prunes,
assessment revenue as a percentage of
producer prices during the 2006–07
crop year is expected to be between .038
and .040 percent.
This action would increase the
assessment obligation imposed on
handlers. While assessments impose
some additional costs on handlers, the
costs are minimal and uniform on all
handlers. Some of the additional costs
may be passed on to producers.
However, these costs would be offset by
the benefits derived by the operation of
the marketing order. In addition, the
committee’s meeting was widely
publicized throughout the 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 28, 2007,
meeting was a public meeting and all
entities, both large and small, were
encouraged to express views on this
issue. Finally, interested persons are
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Federal Register / Vol. 72, No. 173 / Friday, September 7, 2007 / Proposed Rules
invited to submit comments on this
proposed rule, including the regulatory
and informational impacts of this action
on small businesses.
This proposed rule would impose no
additional reporting or recordkeeping
requirements on either small or large
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.
The 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.
A 20-day comment period is provided
to allow interested persons to respond
to this proposed rule. Twenty days is
deemed appropriate because: (1) The
2007–08 crop year will begin on August
1, 2007, and the marketing order
requires that the rate of assessment for
each crop year apply to all assessable
prunes handled during such crop year;
(2) the committee needs to have
sufficient funds to pay its expenses
which are incurred on a continuous
basis; and (3) handlers are aware of this
action, which was unanimously
recommended by the committee at a
public meeting and is similar to other
assessment rate actions issued in past
years.
List of Subjects in 7 CFR Part 993
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Marketing agreements, Plums, Prunes,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 7 CFR part 993 is proposed to
be amended as follows:
PART 993—DRIED PRUNES
PRODUCED IN CALIFORNIA
1. The authority citation for 7 CFR
part 993 continues to read as follows:
Authority: 7 U.S.C. 601–674.
2. Section 993.347 is revised to read
as follows:
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§ 993.347
Assessment rate.
On and after August 1, 2007, an
assessment rate of $0.60 per ton of
salable dried prunes is established for
California dried prunes.
Dated: August 30, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. 07–4369 Filed 9–6–07; 8:45 am]
BILLING CODE 3410–02–M
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–29001; Directorate
Identifier 2007–NE–36–AD]
RIN 2120–AA64
Airworthiness Directives; General
Electric Company CF34–8C1/–8C5/–
8C5B1/–8E5/–8E5A1, and CF34–10E
Series Turbofan Engines
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: The FAA proposes to adopt a
new airworthiness directive (AD) for
General Electric Company (GE) CF34–
8C1/–8C5/–8C5B1/–8E5/–8E5A1, and
CF34–10E series turbofan engines with
certain part number (P/N) and serial
number (SN) fuel metering units (FMU)
installed. This proposed AD would
require a onetime test of the FMU for a
miswired (reversed polarity) condition
of the input wires to the overspeed
solenoid. This proposed AD results from
the discovery of miswired FMU
overspeed solenoids in the field. We are
proposing this AD to prevent the engine
from failing to shutdown as commanded
during an overspeed, leading to
uncontained engine failure.
DATES: We must receive any comments
on this proposed AD by November 6,
2007.
Use one of the following
addresses to comment on this proposed
AD.
• DOT Docket Web site: Go to
https://dms.dot.gov and follow the
instructions for sending your comments
electronically.
• Government-wide rulemaking Web
site: Go to https://www.regulations.gov
and follow the instructions for sending
your comments electronically.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
ADDRESSES:
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30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
• Fax: (202) 493–2251.
You can get the service information
identified in this proposed AD from
General Electric Company via Lockheed
Martin Technology Services, 10525
Chester Road, Suite C, Cincinnati, Ohio
45215; telephone (513) 672–8400; fax
(513) 672–8422.
FOR FURTHER INFORMATION CONTACT: Tara
Chaidez, Aerospace Engineer, Engine
Certification Office, FAA, Engine and
Propeller Directorate, 12 New England
Executive Park, Burlington, MA 01803;
e-mail: tara.chaidez@faa.gov; telephone
(781) 238–7773; fax (781) 238–7199.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send us any written
relevant data, views, or arguments
regarding this proposal. Send your
comments to an address listed under
ADDRESSES. Include ‘‘Docket No. FAA–
2007–29001; Directorate Identifier
2007–NE–36–AD’’ in the subject line of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of the proposed AD. We will
consider all comments received by the
closing date and may amend the
proposed AD in light of those
comments.
We will post all comments we
receive, without change, to https://
dms.dot.gov, including any personal
information you provide. We will also
post a report summarizing each
substantive verbal contact with FAA
personnel concerning this proposed AD.
Using the search function of the DOT
Web site, anyone can find and read the
comments in any of our dockets,
including the name of the individual
who sent the comment (or signed the
comment on behalf of an association,
business, labor union, etc.). You may
review the DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78) or you may visit https://
dms.dot.gov.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://dms.dot.gov; or in
person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this proposed
AD, the regulatory evaluation, any
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]]>Agencies
[Federal Register Volume 72, Number 173 (Friday, September 7, 2007)]
[Proposed Rules]
[Pages 51381-51384]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-4369]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 993
[Docket No. AMS-FV-07-0103; FV07-993-1 PR]
Dried Prunes Produced in California; Increased Assessment Rate
AGENCY: Agricultural Marketing Service, USDA.
[[Page 51382]]
ACTION: Proposed rule.
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SUMMARY: This rule would increase the assessment rate established for
the Prune Marketing Committee (committee) for the 2007-08 and
subsequent crop years from $0.40 to $0.60 per ton of salable dried
prunes. The committee locally administers the marketing order that
regulates the handling of dried prunes in California. Assessments upon
dried prune handlers are used by the committee to fund reasonable and
necessary expenses of the program. The higher assessment rate is needed
to offset an anticipated decrease in dried prune production this year.
The crop year begins August 1 and ends July 31. The assessment rate
would remain in effect indefinitely unless modified, suspended, or
terminated.
DATES: Comments must be received by September 27, 2007.
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 made 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 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.gov or Kurt.Kimmel@usda.gov.
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 proposed herein would be applicable to all
assessable dried prunes beginning on August 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 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 would increase the assessment rate established for the
committee for the 2007-08 and subsequent crop years from $0.40 to $0.60
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 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 at a public meeting. Thus, all
directly affected persons have an opportunity to participate and
provide input.
For the 2006-07 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 28, 2007, and unanimously recommended an
increased assessment rate of $0.60 per ton of salable dried prunes and
expenditures totaling $102,523 for the 2007-08 crop year. In
comparison, last year's approved expenses as amended in April 2007 were
$104,973. The proposed assessment rate of $0.60 per ton of salable
dried prunes is $0.20 higher than the rate currently in effect.
The committee recommended a higher assessment rate based on a
production estimate of 95,000 tons of salable dried prunes for this
year, which is substantially less than the 187,737 tons produced last
year. At the proposed assessment rate the assessment income for the
2007-08 crop year would be $57,000. The committee's proposed budget of
expenses of $102,523 includes a five percent increase in personnel
expenses, and a two percent increase in operating expenses. Combined
salaries and expenses are about four percent higher than last year, or
about $65,580. The committee also included $36,943 for contingencies.
Most of the committee's expenses reflect its portion of the joint
administrative costs of the committee and the California Dried Plum
Board. Based on the committee's reduced activities in recent years, it
is funding only ten percent of the shared expenses of the two programs.
This funding level is similar to that of last year. The committee
believes carryover funds, plus assessment and interest income, would be
adequate to cover its estimated expenses of $102,523.
The major expenditures recommended by the committee for the 2007-08
crop year include $50,505 for salaries and benefits, $15,075 for
operating expenses, and $36,943 for contingencies. For the 2006-07 crop
year, the committee's budgeted expenses were $48,405 for salaries and
benefits, $15,645 for operating expenses, and $44,326 for
contingencies.
The assessment rate recommended by the committee was derived by
dividing anticipated expenses by the estimated salable tons of
California dried prunes. Dried prune production for the year is
estimated to be 95,000 salable tons, which should provide $57,000 in
assessment income at the proposed
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$0.60 per ton of salable dried prunes. Income derived from handler
assessments, plus excess funds from the 2006-07 crop year should be
adequate to cover budgeted expenses.
The committee is authorized under Sec. 993.81(c) of the order to
use excess assessment funds from the 2006-07 crop year (currently
estimated at $45,423) for up to 5 months beyond the end of the crop
year to meet 2007-08 crop year expenses. At the end of the 5 months,
the committee either refunds or credits excess funds to handlers.
The proposed assessment rate would continue in effect indefinitely
unless modified, suspended, or terminated by USDA upon recommendation
and information submitted by the committees or other available
information.
Although this assessment rate would be in effect for an indefinite
period, the committee would 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 would evaluate the
committee's recommendations and other available information to
determine whether modification of the assessment rate is needed.
Further rulemaking would be undertaken as necessary. The committees'
2007-08 budget and those for subsequent crop years would be reviewed
and, as appropriate, approved by USDA.
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 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 $6,500,000.
An estimated 1,068 of the 1,100 producers (97.1 percent) have
incomes of less than $750,000 and would be considered small producers.
Fourteen of the 22 handlers (63.6 percent) have incomes from handling
prunes of less than $6,500,000 and could be considered small handlers.
Therefore, the majority of handlers and producers of California dried
prunes may be classified as small entities.
This rule would increase the assessment rate established for the
committee and collected from handlers for the 2007-08 and subsequent
crop years from $0.40 to $0.60 per ton of salable dried prunes.
The committee met on June 28, 2007, and unanimously recommended
estimated expenses for 2007-08 of $102,523 and an increased assessment
rate of $0.60 per ton of salable dried prunes. The committee's
recommended budget was based on a five percent increase in personnel
expenses and a two percent increase in operating expenses. Combined
salaries and expenses are about four percent higher than last year, or
about $65,580. The committee also included $36,943 for contingencies.
Most of the committee's expenses reflect its portion of the joint
administrative costs of the committee and the California Dried Plum
Board. Based on the committee's reduced activities in recent years, it
is funding only ten percent of the shared expenses of the two programs.
This funding level is similar to that of last year. The committee
believes carryover funds, plus assessment and interest income, would be
adequate to cover its estimated expenses of $102,523.
The proposed assessment rate of $0.60 per ton of salable dried
prunes is $0.20 higher than the rate currently in effect. The quantity
of salable dried prunes for the 2007-08 crop year is currently
estimated at 95,000 tons of salable dried prunes, compared to 187,737
tons of salable dried prunes for the 2006-07 crop year.
The major expenditures recommended by the committee for the 2007-08
crop year include $50,505 for salaries and benefits, $15,075 for
operating expenses, and $36,943 for contingencies. Budgeted expenses
for these items in 2006-07 were $48,405 for salaries and benefits,
$15,645 for operating expenses, and $44,326 for contingencies.
The 2007-08 crop year assessment rate was derived after considering
anticipated crop year expenses; estimated production of salable dried
prunes; and the estimated income from other sources, such as interest.
Therefore, the committee recommended an assessment rate of $0.60 per
ton of salable dried prunes.
Prior to arriving at its budget of $102,523, the committee
considered information from various sources, including the committee's
Executive Subcommittee. Alternative assessment rates, including the
rate currently in effect, and different expenditure levels were
discussed by the subcommittee and the committee. An alternative to this
action would be to continue with the $0.40 per ton assessment rate.
However, an assessment rate of $0.60 per ton of salable dried prunes,
along with excess funds from the 2006-07 crop year, is needed to
provide enough income to fund the committee's operations.
Therefore, the committee agreed that $0.60 per ton of salable dried
prunes is an acceptable assessment rate. Section 993.81(c) of the order
provides the committee the authority to use excess assessment funds
from the 2006-07 crop year (currently estimated at $45,423) for up to 5
months beyond the end of the crop year to meet 2007-08 crop year
expenses. At the end of the 5 months, the committee either refunds or
credits excess funds to handlers.
A review of historical information and preliminary data pertaining
to the upcoming crop year indicates that the producer price for the
2007-08 crop year is expected to average between $1,500 and $1,600 per
ton of salable dried prunes. Based on an estimated 95,000 salable tons
of dried prunes, assessment revenue as a percentage of producer prices
during the 2006-07 crop year is expected to be between .038 and .040
percent.
This action would increase the assessment obligation imposed on
handlers. While assessments impose some additional costs on handlers,
the costs are minimal and uniform on all handlers. Some of the
additional costs may be passed on to producers. However, these costs
would be offset by the benefits derived by the operation of the
marketing order. In addition, the committee's meeting was widely
publicized throughout the 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 28, 2007, meeting was a public meeting and all entities, both
large and small, were encouraged to express views on this issue.
Finally, interested persons are
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invited to submit comments on this proposed rule, including the
regulatory and informational impacts of this action on small
businesses.
This proposed rule would impose no additional reporting or
recordkeeping requirements on either small or large 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.
The 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.
A 20-day comment period is provided to allow interested persons to
respond to this proposed rule. Twenty days is deemed appropriate
because: (1) The 2007-08 crop year will begin on August 1, 2007, and
the marketing order requires that the rate of assessment for each crop
year apply to all assessable prunes handled during such crop year; (2)
the committee needs to have sufficient funds to pay its expenses which
are incurred on a continuous basis; and (3) handlers are aware of this
action, which was unanimously recommended by the committee at a public
meeting and is similar to other assessment rate actions issued in past
years.
List of Subjects in 7 CFR Part 993
Marketing agreements, Plums, Prunes, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR part 993 is
proposed to be amended as follows:
PART 993--DRIED PRUNES PRODUCED IN CALIFORNIA
1. The authority citation for 7 CFR part 993 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
2. Section 993.347 is revised to read as follows:
Sec. 993.347 Assessment rate.
On and after August 1, 2007, an assessment rate of $0.60 per ton of
salable dried prunes is established for California dried prunes.
Dated: August 30, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. 07-4369 Filed 9-6-07; 8:45 am]
BILLING CODE 3410-02-M
