Fresh Prunes Grown in Designated Counties in Washington and in Umatilla County, OR; Decreased Assessment Rate, 58003-58005 [E7-20145]
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58003
Rules and Regulations
Federal Register
Vol. 72, No. 197
Friday, October 12, 2007
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
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.
This rule
is issued under Marketing Agreement
and Order No. 924 (7 CFR 924),
regulating the handling of fresh prunes
grown in designated counties in
Washington and in Umatilla County,
Oregon, 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.’’
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, Washington-Oregon prune
handlers are subject to assessments.
Funds to administer the order are
derived from such assessments. It is
intended that the assessment rate as
issued herein will be applicable to all
assessable prunes beginning April 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
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 924
[Docket No. AMS–FV–07–0087; FV07–924–
1 FIR]
Fresh Prunes Grown in Designated
Counties in Washington and in
Umatilla County, OR; Decreased
Assessment Rate
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
rfrederick on PROD1PC67 with RULES
AGENCY:
SUMMARY: The Department of
Agriculture (USDA) is adopting, as a
final rule, without change, an interim
final rule which decreased the
assessment rate established for the
Washington-Oregon Fresh Prune
Marketing Committee (Committee) for
the 2007–2008 and subsequent fiscal
periods from $1.75 to $1.00 per ton of
prunes handled. The Committee locally
administers the marketing order, which
regulates the handling of fresh prunes
grown in designated counties in
Washington and in Umatilla County,
Oregon. Assessments upon fresh prune
handlers are used by the Committee to
fund reasonable and necessary expenses
of the program. The fiscal period begins
April 1 and ends March 31. The
assessment rate will remain in effect
indefinitely unless modified,
suspended, or terminated.
EFFECTIVE DATE: November 13, 2007.
FOR FURTHER INFORMATION CONTACT:
Robert J. Curry or Gary D. Olson,
Northwest Marketing Field Office,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA, 1220 SW Third Avenue,
suite 385, Portland, OR 97204;
Telephone: (503) 326–2724; Fax: (503)
326–7440; or E-mail:
Robert.Curry@usda.gov or
GaryD.Olson@usda.gov.
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20 days after the date of the entry of the
ruling.
This rule continues in effect the
action that decreased the assessment
rate established for the Committee for
the 2007–2008 and subsequent fiscal
periods from $1.75 to $1.00 per ton of
prunes handled.
The 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 in designated
counties in Washington and in Umatilla
County, Oregon. 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
was formulated and discussed at a
public meeting, thus all directly affected
persons had an opportunity to
participate and provide input.
For the 2004–2005 and subsequent
fiscal periods, the Committee
recommended, and USDA approved, an
assessment rate of $1.75 per ton of fresh
prunes handled. This assessment rate
continues in effect from fiscal period to
fiscal period 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 May 29, 2007,
and unanimously recommended 2007–
2008 expenditures of $9,043 and a
decreased assessment rate of $1.00 per
ton. In comparison, last year’s budgeted
expenditures were $5,600, and the
assessment rate of $1.00 is $0.75 lower
than the rate that had been in effect
since the 2004–2005 fiscal period. The
Committee recommended the
assessment rate change for the purpose
of reducing its monetary reserve to a
level commensurate with the maximum
permitted by the order of approximately
one fiscal period’s operational expenses
(7 CFR 924.42).
The major expenditures
recommended by the Committee for the
2007–2008 fiscal period include $4,800
for the management fee, $1,000 for
Committee travel expenses, $3,000 for
the annual financial audit, and $100 for
compliance. In comparison, budgeted
expenses for the 2006–2007 season were
$4,200, $800, $500, and $100,
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58004
Federal Register / Vol. 72, No. 197 / Friday, October 12, 2007 / Rules and Regulations
respectively. In addition, the Committee
also budgeted an additional $343 this
fiscal period to cover the cost of
insurance, bonds, equipment
maintenance, and other possible
miscellaneous expenses.
The assessment rate recommended by
the Committee was derived by dividing
anticipated expenses by expected
shipments of Washington-Oregon
prunes. Applying the $1.00 per ton
assessment rate to the Committee’s
4,400-ton crop estimate should provide
$4,400 in assessment income. This
assessment income in addition to
approximately $4,643 from the
Committee’s reserve would be adequate
to cover the recommended $9,043
budget for the 2007–2008 fiscal period.
As of March 31, 2007, there was $8,815
in the Committee’s reserve. The
assessment rate established with 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 the assessment rate is
effective for an indefinite period, the
Committee will continue to meet prior
to or during each fiscal period 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
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 2007–2008 budget and
those for subsequent fiscal periods will
be reviewed and, as appropriate,
approved by USDA.
rfrederick on PROD1PC67 with RULES
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in
the Regulatory Flexibility Act (RFA), the
Agricultural Marketing Service (AMS)
has considered the economic impact of
this rule on small entities. Accordingly,
AMS has prepared this final regulatory
flexibility analysis.
The purpose of the RFA is to fit
regulatory actions to the scale of
business subject to such actions in order
that small businesses will not be unduly
or disproportionately burdened.
Marketing orders issued pursuant to the
Act, and the rules issued thereunder, are
unique in that they are brought about
through group action of essentially
VerDate Aug<31>2005
14:40 Oct 11, 2007
Jkt 214001
small entities acting on their own
behalf.
There are approximately 215
producers of fresh prunes in the
regulated production area and
approximately 10 handlers subject to
regulation under the order. Small
agricultural producers are defined by
the Small Business Administration (13
CFR 121.201) as those having annual
receipts of less than $750,000, and small
agricultural service firms are defined as
those whose annual receipts are less
than $6,500,000.
Based on information compiled by
both the Committee and the National
Agricultural Statistics Service, the
average annual revenue from the sale of
fresh prunes was approximately $8,440
per producer in 2006. This estimate is
based on 215 producers with a total
utilized production of 5,200 tons selling
for an average of $349 per ton. In
addition, based on Committee records
and 2006 f.o.b. prices ranging from
$14.00 to $16.50 per 30-pound container
as reported by AMS Market News
Service, the entire Washington-Oregon
fresh prune industry handled less than
$6,500,000 worth of prunes last season.
In view of the foregoing, the majority of
Washington-Oregon fresh prune
producers and handlers may be
classified as small entities.
This rule continues in effect the
action that decreased the assessment
rate established for the Committee and
collected from handlers for the 2007–
2008 and subsequent fiscal periods from
$1.75 to $1.00 per ton. The Committee
unanimously recommended 2007–2008
expenditures of $9,043 and the $1.00
per ton assessment rate at the May 29,
2007, meeting. The assessment rate of
$1.00 is $0.75 lower than the rate that
had been in effect since the 2004–2005
fiscal period. With an estimated 2007–
2008 prune crop of 4,400 tons, income
from the $1.00 assessment combined
with funds from the Committee’s
monetary reserve should be adequate to
cover budgeted expenses. The
Committee recommended the lower
assessment rate to help decrease the
monetary reserve. Funds in the reserve
($8,815 as of March 31, 2007) will be
kept within the maximum permitted by
the order of approximately one fiscal
period’s operational expenses (§ 924.42).
The major expenditures
recommended by the Committee for the
2007–2008 fiscal period include $4,800
for the management fee, $1,000 for
Committee travel expenses, $3,000 for
the annual financial audit, and $100 for
compliance.
The Committee discussed alternatives
to this rule, including alternative
expenditure levels. Higher assessment
PO 00000
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Fmt 4700
Sfmt 4700
rates were considered, but not
recommended because of the potential
of generating too much income and thus
maintaining the reserve fund at an
amount higher than program
requirements allow.
A review of historical information and
preliminary information pertaining to
the upcoming crop year indicates that
the producer price for the 2007–2008
season could average about $325 per
ton. Therefore, the estimated assessment
revenue for the 2007–2008 fiscal period
as a percentage of total producer
revenue could approximate 0.31
percent.
This rule continues in effect the
action that decreased the assessment
obligation imposed on handlers.
Assessments are applied uniformly on
all handlers, and some of the costs may
be passed on to producers. However,
decreasing the assessment rate reduces
the burden on handlers, and may reduce
the burden on producers. In addition,
the Committee’s meeting was widely
publicized throughout the WashingtonOregon fresh prune industry and all
interested persons were invited to
attend and participate in the
Committee’s deliberations on all issues.
Like all Committee meetings, the May
29, 2007, meeting was a public meeting
and all entities, both large and small,
were able to express views on this issue.
This action imposes no additional
reporting or recordkeeping requirements
on either small or large WashingtonOregon fresh 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.
Furthermore, USDA has not identified
any relevant Federal rules that
duplicate, overlap, or conflict with this
rule.
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.
An interim final rule concerning this
action was published in the Federal
Register on July 13, 2007 (72 FR 38463).
Copies of that rule were also made
available to Committee members and
other industry members by Committee
staff and through the Internet by USDA
and the Office of the Federal Register. A
60-day comment period was provided
for interested persons to respond to the
interim final rule. The comment period
ended on September 11, 2007, and no
comments were received.
E:\FR\FM\12OCR1.SGM
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Federal Register / Vol. 72, No. 197 / Friday, October 12, 2007 / Rules and Regulations
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.
List of Subjects in 7 CFR Part 924
Plums, Prunes, Marketing agreements,
Reporting and recordkeeping
requirements.
PART 924—FRESH PRUNES GROWN
IN DESIGNATED COUNTIES IN
WASHINGTON AND IN UMATILLA
COUNTY, OREGON
Accordingly, the interim final rule
amending 7 CFR part 924 which was
published at 72 FR 38463 on July 13,
2007, is adopted as a final rule without
change.
I
Dated: October 9, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. E7–20145 Filed 10–11–07; 8:45 am]
As a result of a fault report from a Stemme
S10–VT operator, an investigation of the
differential fuel pressure sensor 11AB–K01
was performed. The fault report describes a
fuel leak through the air pressure line into
the airbox. The fuel escaped through the
drainage tubes. As a result of this
investigation, the possibility of a leak to the
engine compartment cannot be excluded.
This AD requires actions that are
intended to address the unsafe
condition described in the MCAI.
DATES: This AD becomes effective
November 1, 2007.
On November 1, 2007, the Director of
the Federal Register approved the
incorporation by reference of certain
publications listed in this AD.
We must receive comments on this
proposed AD by November 13, 2007.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
BILLING CODE 3410–02–P
Examining the AD Docket
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–28958; Directorate
Identifier 2007–CE–070–AD; Amendment
39–15227; AD 2007–21–09]
RIN 2120–AA64
Airworthiness Directives; Stemme
GmbH & Co. KG Model S10–VT Gliders
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
rfrederick on PROD1PC67 with RULES
AGENCY:
SUMMARY: We are adopting a new
airworthiness directive (AD) for the
products listed above. This AD results
from mandatory continuing
airworthiness information (MCAI)
issued by the aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
VerDate Aug<31>2005
14:40 Oct 11, 2007
Jkt 214001
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at
the Docket Management Facility
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Office
(telephone (800) 647–5527) is in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT: Greg
Davison, Glider Program Manager, 901
Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329–
4130; fax: (816) 329–4090.
SUPPLEMENTARY INFORMATION:
Discussion
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Community, has issued AD No.: 2007–
0191–E, dated July 13, 2007 (referred to
after this as ‘‘the MCAI’’), to correct an
PO 00000
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58005
unsafe condition for the specified
products. The MCAI states:
As a result of a fault report from a Stemme
S10–VT operator, an investigation of the
differential fuel pressure sensor 11AB–K01
was performed. The fault report describes a
fuel leak through the air pressure line into
the airbox. The fuel escaped through the
drainage tubes. As a result of this
investigation, the possibility of a leak to the
engine compartment cannot be excluded.
Differential fuel pressure sensor type
11AB–KD was designed end of year 2003
after the end of production of the old
differential fuel pressure sensor 11AB–K01.
The old differential fuel pressure sensor
11AB–K01 was installed into the serial
production until April 2004. The differential
fuel pressure sensor 11AB–K01 has a life
time limitation of 5 years. The new
differential fuel pressure sensor 11AB–KD
has no life time limitation.
Stemme AG has issued Service Bulletin
A31–10–081, describing the repetitive
inspection and ultimate replacement of the
old differential fuel pressure sensor 11AB–
K01. Some 32 installation kits (11AB–KIT)
containing the type 11AB–KD sensor were
provided to different owners of Stemme S10–
VT aircraft in the period between April 2003
and May 2007. The Stemme-Group has no
information about the installation of these
kits.
You may obtain further information
by examining the MCAI in the AD.
Relevant Service Information
STEMME F & D has issued Service
Bulletin A31–10–081, Am.-Index: 01.a,
dated June 25, 2007. The actions
described in this service information are
intended to correct the unsafe condition
identified in the MCAI.
FAA’s Determination and Requirements
of the AD
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to our
bilateral agreement with this State of
Design Authority, they have notified us
of the unsafe condition described in the
MCAI and service information
referenced above. We are issuing this
AD because we evaluated all
information provided by the State of
Design Authority and determined the
unsafe condition exists and is likely to
exist or develop on other products of the
same type design.
Differences Between This AD and the
MCAI or Service Information
We have reviewed the MCAI and
related service information and, in
general, agree with their substance. But
we might have found it necessary to use
different words from those in the MCAI
to ensure the AD is clear for U.S.
operators and is enforceable. In making
E:\FR\FM\12OCR1.SGM
12OCR1
]]>Agencies
[Federal Register Volume 72, Number 197 (Friday, October 12, 2007)]
[Rules and Regulations]
[Pages 58003-58005]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-20145]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 72, No. 197 / Friday, October 12, 2007 /
Rules and Regulations
[[Page 58003]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 924
[Docket No. AMS-FV-07-0087; FV07-924-1 FIR]
Fresh Prunes Grown in Designated Counties in Washington and in
Umatilla County, OR; Decreased Assessment Rate
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Agriculture (USDA) is adopting, as a final
rule, without change, an interim final rule which decreased the
assessment rate established for the Washington-Oregon Fresh Prune
Marketing Committee (Committee) for the 2007-2008 and subsequent fiscal
periods from $1.75 to $1.00 per ton of prunes handled. The Committee
locally administers the marketing order, which regulates the handling
of fresh prunes grown in designated counties in Washington and in
Umatilla County, Oregon. Assessments upon fresh prune handlers are used
by the Committee to fund reasonable and necessary expenses of the
program. The fiscal period begins April 1 and ends March 31. The
assessment rate will remain in effect indefinitely unless modified,
suspended, or terminated.
EFFECTIVE DATE: November 13, 2007.
FOR FURTHER INFORMATION CONTACT: Robert J. Curry or Gary D. Olson,
Northwest Marketing Field Office, Marketing Order Administration
Branch, Fruit and Vegetable Programs, AMS, USDA, 1220 SW Third Avenue,
suite 385, Portland, OR 97204; Telephone: (503) 326-2724; Fax: (503)
326-7440; or E-mail: Robert.Curry@usda.gov or GaryD.Olson@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 and Order No. 924 (7 CFR 924), regulating the handling of
fresh prunes grown in designated counties in Washington and in Umatilla
County, Oregon, 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.''
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, Washington-
Oregon prune handlers are subject to assessments. Funds to administer
the order are derived from such assessments. It is intended that the
assessment rate as issued herein will be applicable to all assessable
prunes beginning April 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 continues in effect the action that decreased the
assessment rate established for the Committee for the 2007-2008 and
subsequent fiscal periods from $1.75 to $1.00 per ton of prunes
handled.
The 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 in designated counties in
Washington and in Umatilla County, Oregon. 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 was formulated and
discussed at a public meeting, thus all directly affected persons had
an opportunity to participate and provide input.
For the 2004-2005 and subsequent fiscal periods, the Committee
recommended, and USDA approved, an assessment rate of $1.75 per ton of
fresh prunes handled. This assessment rate continues in effect from
fiscal period to fiscal period 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 May 29, 2007, and unanimously recommended
2007-2008 expenditures of $9,043 and a decreased assessment rate of
$1.00 per ton. In comparison, last year's budgeted expenditures were
$5,600, and the assessment rate of $1.00 is $0.75 lower than the rate
that had been in effect since the 2004-2005 fiscal period. The
Committee recommended the assessment rate change for the purpose of
reducing its monetary reserve to a level commensurate with the maximum
permitted by the order of approximately one fiscal period's operational
expenses (7 CFR 924.42).
The major expenditures recommended by the Committee for the 2007-
2008 fiscal period include $4,800 for the management fee, $1,000 for
Committee travel expenses, $3,000 for the annual financial audit, and
$100 for compliance. In comparison, budgeted expenses for the 2006-2007
season were $4,200, $800, $500, and $100,
[[Page 58004]]
respectively. In addition, the Committee also budgeted an additional
$343 this fiscal period to cover the cost of insurance, bonds,
equipment maintenance, and other possible miscellaneous expenses.
The assessment rate recommended by the Committee was derived by
dividing anticipated expenses by expected shipments of Washington-
Oregon prunes. Applying the $1.00 per ton assessment rate to the
Committee's 4,400-ton crop estimate should provide $4,400 in assessment
income. This assessment income in addition to approximately $4,643 from
the Committee's reserve would be adequate to cover the recommended
$9,043 budget for the 2007-2008 fiscal period. As of March 31, 2007,
there was $8,815 in the Committee's reserve. The assessment rate
established with 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 the assessment rate is effective for an indefinite period,
the Committee will continue to meet prior to or during each fiscal
period 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
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 2007-2008 budget and those
for subsequent fiscal periods will be reviewed and, as appropriate,
approved by USDA.
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA), the Agricultural Marketing Service (AMS) has considered the
economic impact of this rule on small entities. Accordingly, AMS has
prepared this final regulatory flexibility analysis.
The purpose of the RFA is to fit regulatory actions to the scale of
business subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. Marketing orders issued
pursuant to the Act, and the rules issued thereunder, are unique in
that they are brought about through group action of essentially small
entities acting on their own behalf.
There are approximately 215 producers of fresh prunes in the
regulated production area and approximately 10 handlers subject to
regulation under the order. Small agricultural producers are defined by
the Small Business Administration (13 CFR 121.201) as those having
annual receipts of less than $750,000, and small agricultural service
firms are defined as those whose annual receipts are less than
$6,500,000.
Based on information compiled by both the Committee and the
National Agricultural Statistics Service, the average annual revenue
from the sale of fresh prunes was approximately $8,440 per producer in
2006. This estimate is based on 215 producers with a total utilized
production of 5,200 tons selling for an average of $349 per ton. In
addition, based on Committee records and 2006 f.o.b. prices ranging
from $14.00 to $16.50 per 30-pound container as reported by AMS Market
News Service, the entire Washington-Oregon fresh prune industry handled
less than $6,500,000 worth of prunes last season. In view of the
foregoing, the majority of Washington-Oregon fresh prune producers and
handlers may be classified as small entities.
This rule continues in effect the action that decreased the
assessment rate established for the Committee and collected from
handlers for the 2007-2008 and subsequent fiscal periods from $1.75 to
$1.00 per ton. The Committee unanimously recommended 2007-2008
expenditures of $9,043 and the $1.00 per ton assessment rate at the May
29, 2007, meeting. The assessment rate of $1.00 is $0.75 lower than the
rate that had been in effect since the 2004-2005 fiscal period. With an
estimated 2007-2008 prune crop of 4,400 tons, income from the $1.00
assessment combined with funds from the Committee's monetary reserve
should be adequate to cover budgeted expenses. The Committee
recommended the lower assessment rate to help decrease the monetary
reserve. Funds in the reserve ($8,815 as of March 31, 2007) will be
kept within the maximum permitted by the order of approximately one
fiscal period's operational expenses (Sec. 924.42).
The major expenditures recommended by the Committee for the 2007-
2008 fiscal period include $4,800 for the management fee, $1,000 for
Committee travel expenses, $3,000 for the annual financial audit, and
$100 for compliance.
The Committee discussed alternatives to this rule, including
alternative expenditure levels. Higher assessment rates were
considered, but not recommended because of the potential of generating
too much income and thus maintaining the reserve fund at an amount
higher than program requirements allow.
A review of historical information and preliminary information
pertaining to the upcoming crop year indicates that the producer price
for the 2007-2008 season could average about $325 per ton. Therefore,
the estimated assessment revenue for the 2007-2008 fiscal period as a
percentage of total producer revenue could approximate 0.31 percent.
This rule continues in effect the action that decreased the
assessment obligation imposed on handlers. Assessments are applied
uniformly on all handlers, and some of the costs may be passed on to
producers. However, decreasing the assessment rate reduces the burden
on handlers, and may reduce the burden on producers. In addition, the
Committee's meeting was widely publicized throughout the Washington-
Oregon fresh prune industry and all interested persons were invited to
attend and participate in the Committee's deliberations on all issues.
Like all Committee meetings, the May 29, 2007, meeting was a public
meeting and all entities, both large and small, were able to express
views on this issue.
This action imposes no additional reporting or recordkeeping
requirements on either small or large Washington-Oregon fresh 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. Furthermore, USDA
has not identified any relevant Federal rules that duplicate, overlap,
or conflict with this rule.
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.
An interim final rule concerning this action was published in the
Federal Register on July 13, 2007 (72 FR 38463). Copies of that rule
were also made available to Committee members and other industry
members by Committee staff and through the Internet by USDA and the
Office of the Federal Register. A 60-day comment period was provided
for interested persons to respond to the interim final rule. The
comment period ended on September 11, 2007, and no comments were
received.
[[Page 58005]]
A small business guide on complying with fruit, vegetable, and
specialty crop marketing agreements and orders may be viewed at: http:/
/www.ams.usda.gov/fv/moab.html. Any questions about the compliance
guide should be sent to Jay Guerber at the previously mentioned address
in the FOR FURTHER INFORMATION CONTACT section.
After consideration of all relevant material presented, including
the information and recommendation submitted by the Committee and other
available information, it is hereby found that this rule, as
hereinafter set forth, will tend to effectuate the declared policy of
the Act.
List of Subjects in 7 CFR Part 924
Plums, Prunes, Marketing agreements, Reporting and recordkeeping
requirements.
PART 924--FRESH PRUNES GROWN IN DESIGNATED COUNTIES IN WASHINGTON
AND IN UMATILLA COUNTY, OREGON
0
Accordingly, the interim final rule amending 7 CFR part 924 which was
published at 72 FR 38463 on July 13, 2007, is adopted as a final rule
without change.
Dated: October 9, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E7-20145 Filed 10-11-07; 8:45 am]
BILLING CODE 3410-02-P
