Apricots Grown in Designated Counties in Washington; Increased Assessment Rate, 48156-48159 [E8-19018]
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48156
Federal Register / Vol. 73, No. 160 / Monday, August 18, 2008 / Proposed Rules
Administration [DEA], and U.S.
Customs and Border Protection [CBP])
in cases involving fraud or other
criminal activity, and the Department of
State in cases involving fraud related to
selected types of visas for entry into the
United States.
The Privacy Act allows government
agencies to exempt certain records from
the access and amendment provisions. If
an agency claims an exemption,
however, it must issue a Notice of
Proposed Rulemaking to make clear to
the public the reasons why a particular
exemption is claimed.
In this Notice of Proposed
Rulemaking, DHS now is proposing to
exempt FDNS–DS, in part, from certain
provisions of the Privacy Act. Some
information in FDNS–DS relates to
official DHS law enforcement,
intelligence, and immigration activities.
These exemptions are needed to protect
information relating to DHS activities
from disclosure to subjects or others
related to these activities. Specifically,
the exemptions are required to preclude
subjects of these activities from
frustrating these processes; to avoid
disclosure of activity techniques; to
protect the identities and physical safety
of confidential informants and of
immigration and border management
and law enforcement personnel; to
ensure DHS’s ability to obtain
information from third parties and other
sources; and to protect the privacy of
third parties. Disclosure of information
to the subject of the inquiry could also
permit the subject to avoid detection or
apprehension.
The exemptions proposed here are
standard law enforcement and national
security exemptions exercised by a large
number of Federal law enforcement and
intelligence agencies. In appropriate
circumstances, where compliance
would not appear to interfere with or
adversely affect the law enforcement
purposes of this system and the overall
law enforcement process, the applicable
exemptions may be waived.
List of Subjects in 6 CFR Part 5
Freedom of information; Privacy.
For the reasons stated in the
preamble, DHS proposes to amend
Chapter I of Title 6, Code of Federal
Regulations, as follows:
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PART 5—DISCLOSURE OF RECORDS
AND INFORMATION
1. The authority citation for part 5
continues to read as follows:
Authority: Pub. L. 107–296, 116 Stat. 2135,
6 U.S.C. 101 et seq.; 5 U.S.C. 301. Subpart A
also issued under 5 U.S.C. 552. Subpart B
also issued under 5 U.S.C. 552a.
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2. At the end of appendix C to part 5,
add the following new paragraph ‘‘7’’:
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
*
*
*
*
*
7. The Department of Homeland Security
United States Citizenship and Immigration
Services Fraud Detection and National
Security Data System (FDNS–DS) System of
Records consists of a stand-alone database
and paper files that will be used by DHS and
its components. FDNS–DS is a case
management system used to record, track,
and manage immigration inquiries,
investigative referrals, law enforcement
requests, and case determinations involving
benefit fraud, criminal activity, public safety
and national security concerns.
The Secretary of Homeland Security has
exempted this system from 5 U.S.C.
552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H),
(e)(4)(I), and (f) pursuant to 5 U.S.C.
552a(k)(2). These exemptions apply only to
the extent that records in the system are
subject to exemption pursuant to 5 U.S.C.
552a(k)(2). Exemptions from these particular
subsections are justified, on a case-by-case
basis to be determined at the time a request
is made, for the following reasons:
(a) From subsection (c)(3) (Accounting for
Disclosures) because release of the
accounting of disclosures could alert the
subject of an investigation of an actual or
potential criminal, civil, or regulatory
violation to the existence of the investigation;
and reveal investigative interest on the part
of DHS as well as the recipient agency.
Disclosure of the accounting would therefore
present a serious impediment to law
enforcement efforts and/or efforts to preserve
national security. Disclosure of the
accounting would also permit the individual
who is the subject of a record to impede the
investigation, to tamper with witnesses or
evidence, and to avoid detection or
apprehension, which would undermine the
entire investigative process.
(b) From subsection (d) (Access to Records)
because access to the records contained in
this system of records could inform the
subject of an investigation of an actual or
potential criminal, civil, or regulatory
violation, to the existence of the
investigation, and reveal investigative
interest on the part of DHS or another agency.
Access to the records could permit the
individual who is the subject of a record to
impede the investigation, to tamper with
witnesses or evidence, and to avoid detection
or apprehension. Amendment of the records
could interfere with ongoing investigations
and law enforcement activities and would
impose an impossible administrative burden
by requiring investigations to be
continuously reinvestigated. In addition,
permitting access and amendment to such
information could disclose security-sensitive
information that could be detrimental to
homeland security.
(c) From subsection (e)(1) (Relevancy and
Necessity of Information) because in the
course of investigations into potential
violations of Federal law, the accuracy of
information obtained or introduced
occasionally may be unclear or the
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information may not be strictly relevant or
necessary to a specific investigation. In the
interests of effective law enforcement, it is
appropriate to retain all information that may
aid in establishing patterns of unlawful
activity.
(d) From subsections (e)(4)(G) and (e)(4)(H)
(Agency Requirements) because portions of
this system are exempt from the individual
access provisions of subsection (d) which
exempts providing access because it could
alert a subject to the nature or existence of
an investigation, and thus there could be no
procedures for that particular data.
Procedures do exist for access for those
portions of the system that are not exempted.
(e) From subsection (e)(4)(I) (Agency
Requirements) because providing such
source information would impede law
enforcement or intelligence by compromising
the nature or existence of a confidential
investigation.
(f) From subsection (f) (Agency Rules)
because portions of this system are exempt
from the access and amendment provisions
of subsection (d).
Dated: August 11, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–19034 Filed 8–15–08; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 922
[Docket No. AMS–FV–08–0052; FV08–922–
1 PR]
Apricots Grown in Designated
Counties in Washington; Increased
Assessment Rate
Agricultural Marketing Service,
USDA.
ACTION: Proposed rule.
AGENCY:
SUMMARY: This rule would increase the
assessment rate established for the
Washington Apricot Marketing
Committee (Committee) for the 2008–09
and subsequent fiscal periods from
$1.50 to $2.00 per ton for Washington
apricots. The Committee is responsible
for local administration of the marketing
order regulating the handling of apricots
grown in designated counties in
Washington. Assessments upon
handlers of apricots are used by the
Committee to fund reasonable and
necessary expenses of the program. The
fiscal period for the marketing order
begins April 1 and ends March 31. The
assessment rate would remain in effect
indefinitely unless modified, suspended
or terminated.
DATES: Comments must be received by
September 2, 2008.
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Interested persons are
invited to submit written comments
regarding 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:
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 Order No.
922 (7 CFR part 922), as amended,
regulating the handling of apricots
grown in designated counties in
Washington, 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, apricot handlers in designated
counties in Washington 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
Washington apricots beginning April 1,
2008, and continue until amended,
suspended, or terminated. This rule will
not preempt any State or local laws,
regulations, or policies, unless they
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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 2008–09 and
subsequent fiscal periods from $1.50 to
$2.00 per ton for Washington apricots
handled under the order.
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 of apricots in
designated counties in Washington.
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 2007–08 and subsequent fiscal
periods, the Committee recommended,
and the USDA approved, an assessment
rate of $1.50 per ton of apricots handled.
This 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 15, 2008,
and unanimously recommended 2008–
09 expenditures of $7,093. In
comparison, last year’s budgeted
expenditures were $6,743. In addition,
the Committee recommended that the
$1.50 per ton assessment rate be
increased by $0.50 to $2.00 per ton of
apricots handled. The Washington
apricot production area experienced
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freezing weather in April this year that
may have a significant impact on apricot
production. As a result, the Committee
has estimated a total fresh crop of only
3,650 tons for this season—significantly
less than the 6,620 tons of fresh prunes
reported to the Committee by industry
handlers last season. Due to this
anticipated shortfall, the Committee
recommended that the assessment rate
be increased by $0.50 to help ensure
that budgeted expenses are adequately
covered.
The major expenditures
recommended by the Committee for the
2008–09 fiscal period include $4,800 for
the management fee, $1,000 for
Committee travel, $100 for compliance,
and $1,193 for equipment maintenance,
insurance, bonds, and miscellaneous
expenses. In comparison, major
expenditures for the 2007–08 fiscal
period included $4,800 for the
management fee, $1,000 for travel, $500
for the annual financial audit, $100 for
compliance, and $343 for equipment
maintenance, insurance, bonds, and
miscellaneous expenses.
The assessment rate recommended by
the Committee was derived by dividing
the anticipated expenses of $7,093 by
the projected 2008 3,650 ton apricot
production. Applying the $2.00 per ton
assessment rate to this crop estimate
should provide $7,300 in assessment
income. Although the 3,650 ton crop
estimate reflects the Committee’s best
current assessment of the damage the
late-season freezing temperatures may
have on production this season,
Committee members expressed some
concern that production could
potentially end up even shorter.
Because of the crop estimate
uncertainty, the Committee felt the
$2.00 per ton assessment rate is
warranted even though the projected
fiscal year-end reserve balance at this
time is $8,173. Although this is slightly
higher than the recommended budget,
the reserve would still be within the
order’s limit of approximately one fiscal
period’s operational expenses.
The proposed assessment rate would
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 would
be effective for an indefinite period, the
Committee would 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 the Committee’s
meetings are available from the
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Committee or USDA. The Committee’s
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 will be
undertaken as necessary. The
Committee’s 2008–09 budget and those
for subsequent fiscal periods 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 300 apricot
producers within the regulated
production area and approximately 22
regulated handlers. 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.
The Washington Agricultural
Statistics Service has prepared a report
showing that the total 7,000 ton apricot
utilization sold for an average of $1,120
per ton in 2007 with a total farm-gate
value of approximately $7,827,000.
Based on the number of producers in
the production area (300), the average
annual producer revenue from the sale
of apricots in 2007 can thus be
estimated at approximately $26,090. In
addition, based on information from the
Committee and USDA’s Market News
Service, 2007 f.o.b. prices ranged from
$18.00 to $20.00 per 24-pound loosepack container, and from $20.00 to
$22.00 for 2-layer tray pack containers.
Approximately 40 percent of the 2007
6,620 ton fresh pack-out was packed in
24-pound loose-pack containers while
the remainder was packed in 2-layer
tray-pack containers (weighing an
average of about 20 pounds each). On
the high end, this would have grossed
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the 22 apricot handlers approximately
$13,151,700 in f.o.b. receipts for the
2007 crop—leaving average receipts for
each handler well below the SBA’s
$6,500,000 threshold for small
businesses. Therefore, the majority of
producers and handlers of Washington
apricots may be classified as small
entities.
This rule would increase the
assessment rate established for the
Committee and collected from handlers
for the 2008–09 and subsequent fiscal
periods from $1.50 to $2.00 per ton for
apricots handled under the order’s
authority. The Committee also
unanimously recommended 2008–09
expenditures of $7,093. With a 2008–09
Washington apricot crop estimate of
3,650 tons, the Committee anticipates
assessment income of about $7,300. Due
to the sharply smaller crop expected
this season, the Committee
recommended the assessment rate
increase to help ensure that budgeted
expenses are adequately covered.
Although there continues to be
uncertainty this season regarding
production totals due to the mid-spring
freezing weather, income derived from
handler assessments should adequately
cover budgeted expenses. Because of the
crop estimate uncertainty, the
Committee felt the $2.00 per ton
assessment rate is warranted even
though the projected fiscal year-end
reserve balance at this time is $8,173.
Although this is slightly higher than the
recommended budget, the reserve
would still be within the order’s limit of
approximately one fiscal period’s
operational expenses.
The major expenditures
recommended by the Committee for the
2008–09 fiscal period include $4,800 for
the management fee, $1,000 for
Committee travel, $100 for compliance,
and $1,193 for equipment maintenance,
insurance, bonds, and miscellaneous
expenses. In comparison, major
expenditures for the 2007–08 fiscal
period included $4,800 for the
management fee, $1,000 for travel, $500
for the annual financial audit, $100 for
compliance, and $343 for equipment
maintenance, insurance, bonds, and
miscellaneous expenses.
The Committee discussed alternatives
to this recommended assessment
increase. Leaving the assessment rate at
the current $1.50 per ton was discussed,
but not seriously considered since such
a rate would not have earned adequate
income and would have thus
significantly depleted the Committee’s
reserves. Although a rate of assessment
somewhat less than the recommended
$2.00 per ton rate would have
potentially covered the recommended
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expenses, the Committee chose the
higher rate due to the uncertainty the
members felt regarding the 3,650 ton
crop estimate. The mid-April freeze
experienced in the growing regions this
year left doubt in some members’ minds
that the final pack-out this season will
even reach the 3,650 ton estimate.
A review of historical information and
preliminary information pertaining to
the upcoming crop year indicates that
the producer price for the 2008–09
season could average about $1,000 per
ton for fresh Washington apricots.
Therefore, the estimated assessment
revenue for the 2008–09 fiscal period as
a percentage of total producer revenue
is 0.2 percent for Washington apricots.
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 order.
In addition, the Committee’s meeting
was widely publicized throughout the
Washington apricot industry and all
interested persons were invited to
attend and participate in Committee
deliberations on all issues. Like all
Committee meetings, the May 15, 2008,
meeting was a public meeting and all
entities, both large and small, were able
to express views on the issues. Finally,
interested persons are invited to submit
information on 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
Washington apricot 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.
Additionally, 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.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and order may be
viewed at: https://www.ams.usda.gov/
AMSv1.0/ams.fetchTemplateData.do?
template=TemplateN&page=
MarketingOrdersSmallBusinessGuide.
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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 15-day comment period is provided
to allow interested persons to respond
to this proposed rule. Fifteen days is
deemed appropriate because: (1) The
2008–09 fiscal period began on April 1,
2008, and the order requires that the
assessment rate for each fiscal period
apply to all assessable apricots handled
during such fiscal period; (2) the
Washington apricot harvest and
shipping season is expected to begin as
early as the last week of June; (3) the
Committee needs to have sufficient
funds to pay its expenses, which are
incurred on a continuous basis; and (4)
handlers are aware of this action, which
was 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 922
Apricots, Marketing agreements,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 7 CFR part 922 is proposed to
be amended as follows:
PART 922—APRICOTS GROWN IN
DESIGNATED COUNTIES IN
WASHINGTON
Authority: 7 U.S.C. 601–674.
2. Section 922.235 is revised to read
as follows:
Assessment rate.
On or after April 1, 2008, an
assessment rate of $2.00 per ton is
established for the Washington Apricot
Marketing Committee.
Dated: August 12, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. E8–19018 Filed 8–15–08; 8:45 am]
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Office of Surface Mining Reclamation
and Enforcement
30 CFR Parts 700, 724, 773, 785, 816,
817, 845, 846, 870, 872, 873, 874, 875,
876, 879, 880, 882, 884, 885, 886, and
887
[Docket Id: OSM–2008–0003]
RIN 1029–AC56
Abandoned Mine Land Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Proposed rule; extension of the
comment period.
AGENCY:
SUMMARY: We, the Office of Surface
Mining Reclamation and Enforcement
(OSM), are extending the comment
period on a proposed rule that would
revise the Abandoned Mine Land (AML)
program. The proposed rule would
revise our regulations to be consistent
with the Surface Mining Control and
Reclamation Act of 1977 (SMCRA), as
amended by the Tax Relief and Health
Care Act of 2006, Public Law 109–432,
signed into law on December 20, 2006.
DATES: Comments on the proposed rule
must be received on or before August
29, 2008, in order to ensure our
consideration.
You may submit comments
by any of the following methods:
• Federal e-Rulemaking Portal:
https://www.regulations.gov. The rule is
listed under the agency name ‘‘OFFICE
OF SURFACE MINING RECLAMATION
AND ENFORCEMENT.’’ The proposed
rule has been assigned Docket ID: OSM–
2008–0003.
If you would like to submit comments
through the Federal e-Rulemaking
Portal, go to www.regulations.gov and
do the following. Click on the
‘‘Advanced Docket Search’’ button on
the right side of the screen. Type in the
Docket ID OSM–2008–0003 and click
the ‘‘Submit’’ button at the bottom of the
page. The next screen will display the
Docket Search Results for the
rulemaking. If you click on OSM–2008–
0003, you can view the proposed rule
and submit a comment. You can also
view supporting material and any
comments submitted by others.
• Mail/Hand-Delivery/Courier to:
Office of Surface Mining Reclamation
and Enforcement, Administrative
Record, Room 252–SIB, 1951
Constitution Avenue, NW., Washington,
DC 20240. Please include the rule
Docket ID (OSM–2008–0003) with your
comment.
ADDRESSES:
1. The authority citation for 7 CFR
part 922 continues to read as follows:
§ 922.235
DEPARTMENT OF THE INTERIOR
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48159
We cannot ensure that comments
received after the close of the comment
period (see DATES) will be included in
the docket for the rulemaking and
considered. Comments sent to an
address other than those listed above
(see ADDRESSES) will not be included in
the docket for the rulemaking.
For detailed instructions on
submitting comments and additional
information on the rulemaking process,
see ‘‘Public Comment Procedures’’ in
the SUPPLEMENTARY INFORMATION section
of this document.
If you wish to comment on the
information collection aspects of this
proposed rule, you may submit your
comments to the Office of Management
and Budget, Office of Information and
Regulatory Affairs, Attention: Interior
Desk Officer, via e-mail to
OIRA_DOCKET@omb.eop.gov, or via
facsimile to 202–365–6566.
FOR FURTHER INFORMATION CONTACT:
Danny Lytton, Chief, Reclamation
Support Division, 1951 Constitution
Ave., NW., Washington, DC 20240;
Telephone: 202–208–2788.
SUPPLEMENTARY INFORMATION:
Background on the Reclamation Fee
and the Abandoned Mine Land
Program
On June 20, 2008, we published a
proposed rule in the Federal Register
(73 FR 35214) that would revise our
regulations governing the AML program.
We have received two requests to
extend the comment period on the
proposed rule. In response, we are
extending the comment period to
August 29, 2008.
As discussed in greater detail in the
June 20, 2008, Federal Register notice,
the proposed rule would revise our
regulations to be consistent with the Tax
Relief and Health Care Act of 2006,
Public Law 109–432, enacted on
December 20, 2006, which included the
Surface Mining Control and
Reclamation Act Amendments of 2006
(the ‘‘2006 amendments’’). The
proposed rule reflects the extension of
our statutory authority to collect
reclamation fees for an additional
fourteen years and to reduce the fee
rates. The proposal also updates the
regulations in light of the statutory
amendments that change the activities
State and Tribal reclamation programs
may perform under the AML program,
funding for reclamation grants to States
and Indian tribes, and transfers to the
United Mine Workers of America
(UMWA) Combined Benefit Fund, the
UMWA 1992 Benefit Plan, and the
UMWA Multiemployer Health Benefit
Plan. Finally, our proposed rule extends
E:\FR\FM\18AUP1.SGM
18AUP1
]]>Agencies
[Federal Register Volume 73, Number 160 (Monday, August 18, 2008)]
[Proposed Rules]
[Pages 48156-48159]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19018]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 922
[Docket No. AMS-FV-08-0052; FV08-922-1 PR]
Apricots Grown in Designated Counties in Washington; Increased
Assessment Rate
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: This rule would increase the assessment rate established for
the Washington Apricot Marketing Committee (Committee) for the 2008-09
and subsequent fiscal periods from $1.50 to $2.00 per ton for
Washington apricots. The Committee is responsible for local
administration of the marketing order regulating the handling of
apricots grown in designated counties in Washington. Assessments upon
handlers of apricots are used by the Committee to fund reasonable and
necessary expenses of the program. The fiscal period for the marketing
order begins April 1 and ends March 31. The assessment rate would
remain in effect indefinitely unless modified, suspended or terminated.
DATES: Comments must be received by September 2, 2008.
[[Page 48157]]
ADDRESSES: Interested persons are invited to submit written comments
regarding 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: 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 Order
No. 922 (7 CFR part 922), as amended, regulating the handling of
apricots grown in designated counties in Washington, 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, apricot
handlers in designated counties in Washington 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 Washington apricots beginning
April 1, 2008, 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 2008-09 and subsequent fiscal periods from $1.50 to
$2.00 per ton for Washington apricots handled under the order.
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 of apricots in designated counties
in Washington. 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 2007-08 and subsequent fiscal periods, the Committee
recommended, and the USDA approved, an assessment rate of $1.50 per ton
of apricots handled. This 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 15, 2008, and unanimously recommended
2008-09 expenditures of $7,093. In comparison, last year's budgeted
expenditures were $6,743. In addition, the Committee recommended that
the $1.50 per ton assessment rate be increased by $0.50 to $2.00 per
ton of apricots handled. The Washington apricot production area
experienced freezing weather in April this year that may have a
significant impact on apricot production. As a result, the Committee
has estimated a total fresh crop of only 3,650 tons for this season--
significantly less than the 6,620 tons of fresh prunes reported to the
Committee by industry handlers last season. Due to this anticipated
shortfall, the Committee recommended that the assessment rate be
increased by $0.50 to help ensure that budgeted expenses are adequately
covered.
The major expenditures recommended by the Committee for the 2008-09
fiscal period include $4,800 for the management fee, $1,000 for
Committee travel, $100 for compliance, and $1,193 for equipment
maintenance, insurance, bonds, and miscellaneous expenses. In
comparison, major expenditures for the 2007-08 fiscal period included
$4,800 for the management fee, $1,000 for travel, $500 for the annual
financial audit, $100 for compliance, and $343 for equipment
maintenance, insurance, bonds, and miscellaneous expenses.
The assessment rate recommended by the Committee was derived by
dividing the anticipated expenses of $7,093 by the projected 2008 3,650
ton apricot production. Applying the $2.00 per ton assessment rate to
this crop estimate should provide $7,300 in assessment income. Although
the 3,650 ton crop estimate reflects the Committee's best current
assessment of the damage the late-season freezing temperatures may have
on production this season, Committee members expressed some concern
that production could potentially end up even shorter. Because of the
crop estimate uncertainty, the Committee felt the $2.00 per ton
assessment rate is warranted even though the projected fiscal year-end
reserve balance at this time is $8,173. Although this is slightly
higher than the recommended budget, the reserve would still be within
the order's limit of approximately one fiscal period's operational
expenses.
The proposed assessment rate would 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 would be effective for an indefinite
period, the Committee would 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 the Committee's meetings are available from the
[[Page 48158]]
Committee or USDA. The Committee's 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 will be undertaken as necessary. The
Committee's 2008-09 budget and those for subsequent fiscal periods
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 300 apricot producers within the regulated
production area and approximately 22 regulated handlers. 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.
The Washington Agricultural Statistics Service has prepared a
report showing that the total 7,000 ton apricot utilization sold for an
average of $1,120 per ton in 2007 with a total farm-gate value of
approximately $7,827,000. Based on the number of producers in the
production area (300), the average annual producer revenue from the
sale of apricots in 2007 can thus be estimated at approximately
$26,090. In addition, based on information from the Committee and
USDA's Market News Service, 2007 f.o.b. prices ranged from $18.00 to
$20.00 per 24-pound loose-pack container, and from $20.00 to $22.00 for
2-layer tray pack containers. Approximately 40 percent of the 2007
6,620 ton fresh pack-out was packed in 24-pound loose-pack containers
while the remainder was packed in 2-layer tray-pack containers
(weighing an average of about 20 pounds each). On the high end, this
would have grossed the 22 apricot handlers approximately $13,151,700 in
f.o.b. receipts for the 2007 crop--leaving average receipts for each
handler well below the SBA's $6,500,000 threshold for small businesses.
Therefore, the majority of producers and handlers of Washington
apricots may be classified as small entities.
This rule would increase the assessment rate established for the
Committee and collected from handlers for the 2008-09 and subsequent
fiscal periods from $1.50 to $2.00 per ton for apricots handled under
the order's authority. The Committee also unanimously recommended 2008-
09 expenditures of $7,093. With a 2008-09 Washington apricot crop
estimate of 3,650 tons, the Committee anticipates assessment income of
about $7,300. Due to the sharply smaller crop expected this season, the
Committee recommended the assessment rate increase to help ensure that
budgeted expenses are adequately covered.
Although there continues to be uncertainty this season regarding
production totals due to the mid-spring freezing weather, income
derived from handler assessments should adequately cover budgeted
expenses. Because of the crop estimate uncertainty, the Committee felt
the $2.00 per ton assessment rate is warranted even though the
projected fiscal year-end reserve balance at this time is $8,173.
Although this is slightly higher than the recommended budget, the
reserve would still be within the order's limit of approximately one
fiscal period's operational expenses.
The major expenditures recommended by the Committee for the 2008-09
fiscal period include $4,800 for the management fee, $1,000 for
Committee travel, $100 for compliance, and $1,193 for equipment
maintenance, insurance, bonds, and miscellaneous expenses. In
comparison, major expenditures for the 2007-08 fiscal period included
$4,800 for the management fee, $1,000 for travel, $500 for the annual
financial audit, $100 for compliance, and $343 for equipment
maintenance, insurance, bonds, and miscellaneous expenses.
The Committee discussed alternatives to this recommended assessment
increase. Leaving the assessment rate at the current $1.50 per ton was
discussed, but not seriously considered since such a rate would not
have earned adequate income and would have thus significantly depleted
the Committee's reserves. Although a rate of assessment somewhat less
than the recommended $2.00 per ton rate would have potentially covered
the recommended expenses, the Committee chose the higher rate due to
the uncertainty the members felt regarding the 3,650 ton crop estimate.
The mid-April freeze experienced in the growing regions this year left
doubt in some members' minds that the final pack-out this season will
even reach the 3,650 ton estimate.
A review of historical information and preliminary information
pertaining to the upcoming crop year indicates that the producer price
for the 2008-09 season could average about $1,000 per ton for fresh
Washington apricots. Therefore, the estimated assessment revenue for
the 2008-09 fiscal period as a percentage of total producer revenue is
0.2 percent for Washington apricots.
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 order.
In addition, the Committee's meeting was widely publicized
throughout the Washington apricot industry and all interested persons
were invited to attend and participate in Committee deliberations on
all issues. Like all Committee meetings, the May 15, 2008, meeting was
a public meeting and all entities, both large and small, were able to
express views on the issues. Finally, interested persons are invited to
submit information on 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 Washington apricot
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. Additionally, 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.
A small business guide on complying with fruit, vegetable, and
specialty crop marketing agreements and order may be viewed at: https://
www.ams.usda.gov/AMSv1.0/
ams.fetchTemplateData.do?template=TemplateN&page=MarketingOrdersSmallBus
inessGuide.
[[Page 48159]]
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 15-day comment period is provided to allow interested persons to
respond to this proposed rule. Fifteen days is deemed appropriate
because: (1) The 2008-09 fiscal period began on April 1, 2008, and the
order requires that the assessment rate for each fiscal period apply to
all assessable apricots handled during such fiscal period; (2) the
Washington apricot harvest and shipping season is expected to begin as
early as the last week of June; (3) the Committee needs to have
sufficient funds to pay its expenses, which are incurred on a
continuous basis; and (4) handlers are aware of this action, which was
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 922
Apricots, Marketing agreements, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR part 922 is
proposed to be amended as follows:
PART 922--APRICOTS GROWN IN DESIGNATED COUNTIES IN WASHINGTON
1. The authority citation for 7 CFR part 922 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
2. Section 922.235 is revised to read as follows:
Sec. 922.235 Assessment rate.
On or after April 1, 2008, an assessment rate of $2.00 per ton is
established for the Washington Apricot Marketing Committee.
Dated: August 12, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E8-19018 Filed 8-15-08; 8:45 am]
BILLING CODE 3410-02-P
