Dried Prunes Produced in California; Decreased Assessment Rate, 50191-50194 [E8-19695]
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Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Rules and Regulations
participate in Committee deliberations
on all issues. Like all Committee
meetings, the May 29, 2008, meeting
was a public meeting and all entities,
both large and small, were able to
express views on this issue. Finally,
interested persons are invited to submit
comments on this interim final rule,
including the regulatory and
informational impacts of this action on
small businesses.
This action imposes no additional
reporting or recordkeeping requirements
on either small or large California date
handlers. As with all Federal marketing
order programs, reports and forms are
periodically reviewed to reduce
information requirements and
duplication by industry and public
sector agencies.
AMS is committed to complying with
the E-Government Act, to promote the
use of the Internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
USDA has not identified any relevant
Federal rules that duplicate, overlap, or
conflict with this rule.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov/
AMSv1.0/ams.fetchTemplateData.do?
template=TemplateN&page=
MarketingOrdersSmallBusinessGuide.
Any questions about the compliance
guide should be sent to Jay Guerber at
the previously mentioned address in the
sroberts on PROD1PC76 with RULES
FOR FURTHER INFORMATION CONTACT
section.
After consideration of all relevant
material presented, including the
information and recommendation
submitted by the Committee and other
available information, it is hereby found
that this rule, as hereinafter set forth,
will tend to effectuate the declared
policy of the Act.
Pursuant to 5 U.S.C. 553, it is also
found and determined upon good cause
that it is impracticable, unnecessary,
and contrary to the public interest to
give preliminary notice prior to putting
this rule into effect, and that good cause
exists for not postponing the effective
date of this rule until 30 days after
publication in the Federal Register
because: (1) The 2008–09 crop year
begins on October 1, 2008, and the
marketing order requires that the rate of
assessment for each crop year applies to
all assessable dates handled during such
crop year; (2) the action decreases the
assessment rate for assessable dates
beginning with the 2008–09 crop year;
(3) handlers are aware of this action
which was unanimously recommended
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18:06 Aug 25, 2008
Jkt 214001
by the Committee at a public meeting
and is similar to other assessment rate
actions issued in past years; and (4) this
interim final rule provides a 60-day
comment period, and all comments
timely received will be considered prior
to finalization of this rule.
List of Subjects in 7 CFR Part 987
Dates, Marketing agreements,
Reporting and recordkeeping
requirements.
I For the reasons set forth in the
preamble, 7 CFR part 987 is amended as
follows:
PART 987—DATES PRODUCED OR
PACKED IN RIVERSIDE COUNTY,
CALIFORNIA
1. The authority citation for 7 CFR
part 987 continues to read as follows:
I
Authority: 7 U.S.C. 601–674.
2. Section 987.339 is revised to read
as follows:
I
§ 987.339
Assessment rate.
On and after October 1, 2008, an
assessment rate of $0.60 per
hundredweight is established for
California dates.
Dated: August 20, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. E8–19697 Filed 8–25–08; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 993
[Docket No. AMS–FV–08–0060; FV08–993–
1 IFR]
Dried Prunes Produced in California;
Decreased Assessment Rate
Agricultural Marketing Service,
USDA.
ACTION: Interim final rule with request
for comments.
AGENCY:
SUMMARY: This rule decreases the
assessment rate established for the
Prune Marketing Committee
(Committee) for the 2008–09 and
subsequent crop years from $0.60 to
$0.30 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 crop year began
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50191
August 1 and ends July 31. The
assessment rate will remain in effect
indefinitely unless modified,
suspended, or terminated.
DATES: Effective August 27, 2008.
Comments received by October 27,
2008, will be considered prior to
issuance of a final rule.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this rule. Comments must be
sent to the Docket Clerk, Marketing
Order Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, 1400
Independence Avenue, SW., STOP
0237, Washington, DC 20250–0237; Fax:
(202) 720–8938; or Internet: https://
www.regulations.gov. Comments should
reference the docket number and the
date and page number of this issue of
the Federal Register and will be
available for public inspection in the
Office of the Docket Clerk during regular
business hours, or can be viewed at:
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Maureen Pello, Assistant Regional
Manager, 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:
Maureen.Pello@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
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50192
Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Rules and Regulations
intended that the assessment rate as
issued herein will be applicable to all
assessable dried prunes beginning on
August 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 decreases the assessment
rate established for the Committee for
the 2008–09 and subsequent crop years
from $0.60 to $0.30 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 2007–08 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 26, 2008,
and unanimously recommended an
assessment rate of $0.30 per ton of
salable dried prunes and expenditures
totaling $51,587 for the 2008–09 crop
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18:06 Aug 25, 2008
Jkt 214001
year. In comparison, last year’s
approved expenses were $102,523. The
assessment rate of $0.30 per ton of
salable dried prunes is one-half of the
rate currently in effect.
The Committee recommended a lower
assessment rate because the 2008–09
crop is estimated at 120,000 tons, which
is over 35,000 tons larger than the 2007–
08 crop. Income generated from the
lower assessment rate combined with
excess assessment income carried into
the new crop year should be adequate
to cover the Committee’s 2008–09
expenses.
The Committee’s budget of expenses
of $51,587 includes a decrease in
personnel expenses, and a slight
decrease in operating expenses.
Combined salaries and expenses are
almost 50 percent lower than last year,
or about $26,248. The Committee also
included $12,446 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
(CDPB). Based on the Committee’s
reduced activities in recent years, it is
funding only 5 percent of the shared
expenses of the two programs. This
level was reduced from last year’s level
of 10 percent to reflect a more accurate
figure. The Committee believes that
extra assessment income carried in from
the 2007 crop year, plus interest income
and 2008 assessment income, is
adequate to cover its estimated expenses
of $51,587.
The major expenditures
recommended by the Committee for the
2008–09 crop year include $26,248 for
salaries and benefits, $12,893 for
operating expenses, and $12,446 for
contingencies. For the 2007–08 crop
year, the Committee’s budgeted
expenses were $50,505 for salaries and
benefits, $15,075 for operating expenses,
and $36,943 for contingencies.
The assessment rate recommended by
the Committee was derived by
considering the handler assessment
revenue needed to meet anticipated
expenses, the estimated salable tons of
California dried prunes, excess funds
carried forward into the 2008–09 crop
year, and estimated income from other
sources such as interest. Dried prune
production for the year is estimated to
be 120,000 salable tons, which should
provide $36,000 in assessment income
at $0.30 per ton of salable dried prunes.
Income derived from handler
assessments, plus excess funds from the
2007–08 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 2007–08 crop
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year (currently estimated at $15,487) for
up to 5 months beyond the end of the
crop year to meet 2008–09 crop year
expenses. At the end of the 5 months,
the Committee either refunds or credits
excess funds to handlers.
The assessment rate established in
this rule is effective indefinitely unless
modified, suspended, or terminated by
USDA upon recommendation and
information submitted by the
Committee or other available
information.
Although this assessment rate will be
in effect for an indefinite period, the
Committee will continue to meet prior
to or during each crop year to
recommend a budget of expenses and
consider recommendations for
modification of the assessment rate. The
dates and times of Committee meetings
are available from the Committee or
USDA. Committee meetings are open to
the public and interested persons may
express their views at these meetings.
USDA will evaluate 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
Committees’ 2008–09 budget and those
for subsequent crop years will 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 800
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 are defined as those whose
annual receipts are less than $6,500,000.
Committee data indicates that about
64 percent of the handlers ship under
$6,500,000 worth of dried prunes.
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Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Rules and Regulations
Dividing the average prune crop value
for 2007–08 reported by the National
Agricultural Statistics Service (NASS) of
$111,650,000 by the number of
producers (800) yields an average
annual producer revenue estimate of
about $139,562. Based on the foregoing,
the majority of handlers and dried
prune producers may be classified as
small entities.
This rule decreases the assessment
rate established for the Committee and
collected from handlers for the 2008–09
and subsequent crop years from $0.60 to
$0.30 per ton of salable dried prunes.
The Committee met on June 26, 2008,
and unanimously recommended
estimated expenses for 2008–09 of
$51,587 and a decreased assessment rate
of $0.30 per ton of salable dried prunes.
The Committee’s recommended budget
was based on a decrease in personnel
expenses and a decrease in operating
expenses. Combined salaries and
expenses are almost 50 percent lower
than last year, or about $26,248. The
Committee also included $12,446 for
contingencies. Most of the Committee’s
expenses reflect its portion of the joint
administrative costs of the Committee
and the CDPB. Based on the
Committee’s reduced activities in recent
years, it is funding only 5 percent of the
shared expenses of the two programs.
This level was reduced from last year’s
level of 10 percent to reflect a more
accurate figure. The Committee believes
that extra assessment income carried in
from the 2007 crop year, plus interest
income and 2008 assessment income, is
adequate to cover its estimated expenses
of $51,587.
The assessment rate of $0.30 per ton
of salable dried prunes is one-half of the
rate currently in effect. The quantity of
salable dried prunes for the 2008–09
crop year is currently estimated at
120,000 tons, compared to 95,000 tons
of salable dried prunes for the 2007–08
crop year.
The major expenditures
recommended by the Committee for the
2008–09 crop year include $26,248 for
salaries and benefits, $12,893 for
operating expenses, and $12,446 for
contingencies. Budgeted expenses for
these items in 2007–08 were $50,505 for
salaries and benefits, $15,075 for
operating expenses, and $36,943 for
contingencies.
The 2008–09 assessment rate was
derived by considering the handler
assessment revenue needed to meet
anticipated expenses, the estimated
salable tons of California dried prunes,
excess funds carried forward into the
2008–09 crop year, and estimated
income from other sources such as
interest. Therefore, the Committee
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18:06 Aug 25, 2008
Jkt 214001
recommended an assessment rate of
$0.30 per ton of salable dried prunes.
Prior to arriving at its budget of
$51,587, the Committee considered
information from various sources,
including the Committee’s Executive
Subcommittee. The Executive
Subcommittee reviewed the
administrative expenses shared between
the Committee and the CDPB in recent
years. Accordingly, the Executive
Subcommittee recommended reducing
the share of expenses allocated to the
Committee from 10 to 5 percent. The
Executive Subcommittee then
recommended the $51,587 budget and
$0.30 per ton assessment rate to the
Committee. The Committee
recommended the same budget and
assessment rate to USDA.
Section 993.81(c) of the order
provides the Committee the authority to
use excess assessment funds from the
2007–08 crop year (estimated at
$15,487) for up to 5 months beyond the
end of the crop year to meet 2008–09
crop year expenses. At the end of the 5
months, the Committee either refunds or
credits excess funds to handlers.
To calculate the percentage of grower
revenue represented by the assessment
rate for 2007, the assessment rate of
$0.60 per ton is divided by the
estimated average grower price
(according to the NASS). This results in
estimated assessment revenue for the
2007–08 crop year as a percentage of
grower revenue of.05 percent ($0.60
divided by $1,450 per ton). NASS data
for 2008 is not yet available. However,
applying the same calculations above
using the average grower price for 2005–
07 would result in estimated assessment
revenue as a percentage of total grower
revenue of.02 percent for the 2008–09
crop year ($0.30 divided by $1,437 per
ton). Thus, the assessment revenue
should be well below 1 percent of
estimated grower revenue in 2008.
This action decreases the assessment
obligation imposed on handlers.
Assessments are applied uniformly on
all handlers, and some of the costs may
be passed on to producers. However,
decreasing the assessment rate reduces
the burden on handlers, and may reduce
the burden on producers. In addition,
the Committee’s meeting was widely
publicized throughout the California
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 26, 2008,
meeting was a public meeting and all
entities, both large and small, were able
to express views on this issue. Finally,
interested persons are invited to submit
comments on this interim final rule,
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50193
including the regulatory and
informational impacts of this action on
small businesses.
This action imposes no additional
reporting or recordkeeping requirements
on either small or large California 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.
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/
AMSv1.0/ams.fetchTemplate
Data.do?template=
TemplateN&page=Marketing
OrdersSmallBusinessGuide. Any
questions about the compliance guide
should be sent to Jay Guerber at the
previously mentioned address in the
FOR FURTHER INFORMATION CONTACT
section.
After consideration of all relevant
material presented, including the
information and recommendation
submitted by the Committee and other
available information, it is hereby found
that this rule, as hereinafter set forth,
will tend to effectuate the declared
policy of the Act.
Pursuant to 5 U.S.C. 553, it also found
and determined upon good cause that it
is impracticable, unnecessary, and
contrary to the public interest to give
preliminary notice prior to putting the
rule into effect and that good cause
exists for not postponing the effective
date of this rule until 30 days after
publication in the Federal Register
because: (1) The 2008–09 crop year
began on August 1, 2008, and the
marketing order requires that the rate of
assessment for each year apply to all
assessable prunes handled during the
year; (2) this action decreases the
assessment rate for assessable prunes
beginning with the 2008–09 crop year;
(3) handlers are aware of this action
which was unanimously recommended
at a public meeting and is similar to
actions recommended by the Committee
in past years, and (4) this interim final
rule provides for a 60-day comment
period, and all comments timely
received will be considered prior to
finalization of this rule.
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50194
Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Rules and Regulations
List of Subjects in 7 CFR Part 993
Marketing agreements, Plums, Prunes,
Reporting and recordkeeping
requirements.
I For the reasons set forth in the
preamble, 7 CFR part 993 is amended as
follows:
PART 993—DRIED PRUNES
PRODUCED IN CALIFORNIA
1. The authority citation for 7 CFR
part 993 continues to read as follows:
I
Authority: 7 U.S.C. 601–674.
2. Section 993.347 is revised to read
as follows:
I
§ 993.347
Assessment rate.
On and after August 1, 2008, an
assessment rate of $0.30 per ton of
salable dried prunes is established for
California dried prunes.
Dated: August 20, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. E8–19695 Filed 8–25–08; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF STATE
22 CFR Part 40
[Public Notice: 6328]
RIN 1400–AC04
Were comments solicited in the
Departments Interim rule?
Yes, the Department solicited
comments; however, no comments were
received.
The final rule is unchanged from the
interim rule which amended the
Departments regulations at 22 CFR
40.104, published in the Federal
Register on June 21, 2005 (70 FR 35526–
35527). The interim rule is hereby
adopted as final.
Dated: August 14, 2008.
Janice L. Jacobs,
Assistant Secretary for Consular Affairs,
Department of State.
[FR Doc. E8–19755 Filed 8–25–08; 8:45 am]
Aliens Inadmissible Under the
Immigration and Nationality Act, as
Amended: Unlawful Voters
Department of State.
Final rule.
AGENCY:
ACTION:
Act amended Section 212(a)(10) of the
Immigration and Nationality Act (INA)
by adding an exception to the ground of
inadmissibility, INA 212(a)(10)(D), for
aliens who voted in violation of the U.S.
law. Under INA 212(a)(10)(D), in
general, an alien will continue to be
inadmissible, and therefore, ineligible
for a visa, if the alien has voted in
violation of any Federal, State, or local
constitutional provision, statute,
ordinance, or regulation. Nevertheless,
pursuant to the new exception, the alien
shall not be considered to be
inadmissible under any provision of this
subsection based on such violation if
each natural parent of the alien (or, in
the case of an adopted alien, each
adoptive parent of the alien) is or was
a citizen (whether by birth or
naturalization), the alien permanently
resided in the United States prior to
attaining the age of 16, and the alien
reasonably believed at the time of such
violation that he or she was a citizen.
BILLING CODE 4710–06–P
This rule adopts as final the
Department interim rule which
amended the regulations concerning
visa ineligibility for aliens who vote
unlawfully. The amendment was
necessary to comply with the provisions
of the Child Citizenship Act of 2000.
DATES: This rule is effective August 26,
2008.
FOR FURTHER INFORMATION CONTACT:
Penafrancia D. Salas, Legislation and
Regulations Division, Visa Services,
Department of State, Washington, DC
20520–0106, (202) 663–2878.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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What is the Authority and Exception for
this rule?
On June 21, 2005, the Department
published an interim rule [70 FR 35526]
that implemented Section 201(b)(1) of
Public Law 106–395, Child Citizenship
Act of 2000 [February 27, 2001]. This
VerDate Aug<31>2005
18:06 Aug 25, 2008
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 630
[FHWA Docket No. FHWA–2007–0020]
RIN 2125–AF23
Advance Construction of Federal-Aid
Projects
Federal Highway
Administration (FHWA), DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: The FHWA is revising its
regulation for advance construction of
Federal-aid projects by: (a) Removing
the restriction that a State must obligate
all of its allocated or apportioned funds,
or demonstrate that it will use all
obligation authority allocated to it for
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Federal-aid highways and highway
safety construction, prior to the
approval of advance construction
projects; and (b) clarifying that advance
construction procedures may be used
for all categories of Federal-aid highway
funds, and that any available Federalaid funds for which a project is eligible
may be used when a project is converted
to a Federal-aid project. These revisions
make the regulation consistent with the
advance construction statute, which was
amended by a provision enacted in the
Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (SAFETEA–LU).
DATES: Effective Date: September 25,
2008.
FOR FURTHER INFORMATION CONTACT: Mr.
Dale Gray, Federal-aid Financial
Management Division, (202) 366–0978,
or Mr. Steven Rochlis, Office of the
Chief Counsel, (202) 366–1395, Federal
Highway Administration, 1200 New
Jersey Avenue, SE., Washington, DC
20590. Office hours are from 7:45 a.m.
to 4:15 p.m., e.t., Monday through
Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
An electronic copy of the NPRM, the
comments received and a copy of this
document may be viewed at
www.regulations.gov. A copy of this
document may also be downloaded by
accessing the Office of the Federal
Register’s home page at: https://
www.archives.gov or the Government
Printing Office’s Web page at https://
www.gpoaccess.gov/nara.
Background
Section 115 of title 23, United States
Code, permits the Secretary to authorize
States to advance the construction of
Federal-aid highway projects without
requiring that Federal funds be
obligated at the time the FHWA
approves a project. The State may
proceed with an advance construction
project using State funds as no present
or future Federal funds are actually
committed to the project. At any time
the State may request that the project be
converted to a Federal-aid project
provided that sufficient Federal-aid
funds and obligation authority are
available. A State also may request a
partial conversion where only a portion
of the Federal share of project costs is
obligated and reimbursed; and the
remainder may be converted at a later
time provided that funds and associated
obligation authority are available. Only
the amount converted to a Federal-aid
project becomes an obligation of the
Federal Government.
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]]>Agencies
[Federal Register Volume 73, Number 166 (Tuesday, August 26, 2008)]
[Rules and Regulations]
[Pages 50191-50194]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19695]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 993
[Docket No. AMS-FV-08-0060; FV08-993-1 IFR]
Dried Prunes Produced in California; Decreased Assessment Rate
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule with request for comments.
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SUMMARY: This rule decreases the assessment rate established for the
Prune Marketing Committee (Committee) for the 2008-09 and subsequent
crop years from $0.60 to $0.30 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 crop year began August 1 and ends July 31.
The assessment rate will remain in effect indefinitely unless modified,
suspended, or terminated.
DATES: Effective August 27, 2008. Comments received by October 27,
2008, will be considered prior to issuance of a final rule.
ADDRESSES: Interested persons are invited to submit written comments
concerning this rule. Comments must be sent to the Docket Clerk,
Marketing Order Administration Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC
20250-0237; Fax: (202) 720-8938; or Internet: https://
www.regulations.gov. Comments should reference the docket number and
the date and page number of this issue of the Federal Register and will
be available for public inspection in the Office of the Docket Clerk
during regular business hours, or can be viewed at: https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Maureen Pello, Assistant Regional
Manager, 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: Maureen.Pello@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
[[Page 50192]]
intended that the assessment rate as issued herein will be applicable
to all assessable dried prunes beginning on August 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 decreases the assessment rate established for the
Committee for the 2008-09 and subsequent crop years from $0.60 to $0.30
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 2007-08 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 26, 2008, and unanimously recommended an
assessment rate of $0.30 per ton of salable dried prunes and
expenditures totaling $51,587 for the 2008-09 crop year. In comparison,
last year's approved expenses were $102,523. The assessment rate of
$0.30 per ton of salable dried prunes is one-half of the rate currently
in effect.
The Committee recommended a lower assessment rate because the 2008-
09 crop is estimated at 120,000 tons, which is over 35,000 tons larger
than the 2007-08 crop. Income generated from the lower assessment rate
combined with excess assessment income carried into the new crop year
should be adequate to cover the Committee's 2008-09 expenses.
The Committee's budget of expenses of $51,587 includes a decrease
in personnel expenses, and a slight decrease in operating expenses.
Combined salaries and expenses are almost 50 percent lower than last
year, or about $26,248. The Committee also included $12,446 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 (CDPB). Based on the Committee's reduced activities in
recent years, it is funding only 5 percent of the shared expenses of
the two programs. This level was reduced from last year's level of 10
percent to reflect a more accurate figure. The Committee believes that
extra assessment income carried in from the 2007 crop year, plus
interest income and 2008 assessment income, is adequate to cover its
estimated expenses of $51,587.
The major expenditures recommended by the Committee for the 2008-09
crop year include $26,248 for salaries and benefits, $12,893 for
operating expenses, and $12,446 for contingencies. For the 2007-08 crop
year, the Committee's budgeted expenses were $50,505 for salaries and
benefits, $15,075 for operating expenses, and $36,943 for
contingencies.
The assessment rate recommended by the Committee was derived by
considering the handler assessment revenue needed to meet anticipated
expenses, the estimated salable tons of California dried prunes, excess
funds carried forward into the 2008-09 crop year, and estimated income
from other sources such as interest. Dried prune production for the
year is estimated to be 120,000 salable tons, which should provide
$36,000 in assessment income at $0.30 per ton of salable dried prunes.
Income derived from handler assessments, plus excess funds from the
2007-08 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 2007-08 crop year (currently
estimated at $15,487) for up to 5 months beyond the end of the crop
year to meet 2008-09 crop year expenses. At the end of the 5 months,
the Committee either refunds or credits excess funds to handlers.
The assessment rate established in this rule is effective
indefinitely unless modified, suspended, or terminated by USDA upon
recommendation and information submitted by the Committee or other
available information.
Although this assessment rate will be in effect for an indefinite
period, the Committee will continue to meet prior to or during each
crop year to recommend a budget of expenses and consider
recommendations for modification of the assessment rate. The dates and
times of Committee meetings are available from the Committee or USDA.
Committee meetings are open to the public and interested persons may
express their views at these meetings. USDA will evaluate 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 Committees'
2008-09 budget and those for subsequent crop years will 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 800 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
are defined as those whose annual receipts are less than $6,500,000.
Committee data indicates that about 64 percent of the handlers ship
under $6,500,000 worth of dried prunes.
[[Page 50193]]
Dividing the average prune crop value for 2007-08 reported by the
National Agricultural Statistics Service (NASS) of $111,650,000 by the
number of producers (800) yields an average annual producer revenue
estimate of about $139,562. Based on the foregoing, the majority of
handlers and dried prune producers may be classified as small entities.
This rule decreases the assessment rate established for the
Committee and collected from handlers for the 2008-09 and subsequent
crop years from $0.60 to $0.30 per ton of salable dried prunes.
The Committee met on June 26, 2008, and unanimously recommended
estimated expenses for 2008-09 of $51,587 and a decreased assessment
rate of $0.30 per ton of salable dried prunes. The Committee's
recommended budget was based on a decrease in personnel expenses and a
decrease in operating expenses. Combined salaries and expenses are
almost 50 percent lower than last year, or about $26,248. The Committee
also included $12,446 for contingencies. Most of the Committee's
expenses reflect its portion of the joint administrative costs of the
Committee and the CDPB. Based on the Committee's reduced activities in
recent years, it is funding only 5 percent of the shared expenses of
the two programs. This level was reduced from last year's level of 10
percent to reflect a more accurate figure. The Committee believes that
extra assessment income carried in from the 2007 crop year, plus
interest income and 2008 assessment income, is adequate to cover its
estimated expenses of $51,587.
The assessment rate of $0.30 per ton of salable dried prunes is
one-half of the rate currently in effect. The quantity of salable dried
prunes for the 2008-09 crop year is currently estimated at 120,000
tons, compared to 95,000 tons of salable dried prunes for the 2007-08
crop year.
The major expenditures recommended by the Committee for the 2008-09
crop year include $26,248 for salaries and benefits, $12,893 for
operating expenses, and $12,446 for contingencies. Budgeted expenses
for these items in 2007-08 were $50,505 for salaries and benefits,
$15,075 for operating expenses, and $36,943 for contingencies.
The 2008-09 assessment rate was derived by considering the handler
assessment revenue needed to meet anticipated expenses, the estimated
salable tons of California dried prunes, excess funds carried forward
into the 2008-09 crop year, and estimated income from other sources
such as interest. Therefore, the Committee recommended an assessment
rate of $0.30 per ton of salable dried prunes.
Prior to arriving at its budget of $51,587, the Committee
considered information from various sources, including the Committee's
Executive Subcommittee. The Executive Subcommittee reviewed the
administrative expenses shared between the Committee and the CDPB in
recent years. Accordingly, the Executive Subcommittee recommended
reducing the share of expenses allocated to the Committee from 10 to 5
percent. The Executive Subcommittee then recommended the $51,587 budget
and $0.30 per ton assessment rate to the Committee. The Committee
recommended the same budget and assessment rate to USDA.
Section 993.81(c) of the order provides the Committee the authority
to use excess assessment funds from the 2007-08 crop year (estimated at
$15,487) for up to 5 months beyond the end of the crop year to meet
2008-09 crop year expenses. At the end of the 5 months, the Committee
either refunds or credits excess funds to handlers.
To calculate the percentage of grower revenue represented by the
assessment rate for 2007, the assessment rate of $0.60 per ton is
divided by the estimated average grower price (according to the NASS).
This results in estimated assessment revenue for the 2007-08 crop year
as a percentage of grower revenue of.05 percent ($0.60 divided by
$1,450 per ton). NASS data for 2008 is not yet available. However,
applying the same calculations above using the average grower price for
2005-07 would result in estimated assessment revenue as a percentage of
total grower revenue of.02 percent for the 2008-09 crop year ($0.30
divided by $1,437 per ton). Thus, the assessment revenue should be well
below 1 percent of estimated grower revenue in 2008.
This action decreases the assessment obligation imposed on
handlers. Assessments are applied uniformly on all handlers, and some
of the costs may be passed on to producers. However, decreasing the
assessment rate reduces the burden on handlers, and may reduce the
burden on producers. In addition, the Committee's meeting was widely
publicized throughout the California 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 26, 2008, meeting was a public meeting and all entities, both
large and small, were able to express views on this issue. Finally,
interested persons are invited to submit comments on this interim final
rule, including the regulatory and informational impacts of this action
on small businesses.
This action imposes no additional reporting or recordkeeping
requirements on either small or large California 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.
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/AMSv1.0/
ams.fetchTemplateData.do?template=TemplateN&page=MarketingOrdersSmallBus
inessGuide. Any questions about the compliance guide should be sent to
Jay Guerber at the previously mentioned address in the FOR FURTHER
INFORMATION CONTACT section.
After consideration of all relevant material presented, including
the information and recommendation submitted by the Committee and other
available information, it is hereby found that this rule, as
hereinafter set forth, will tend to effectuate the declared policy of
the Act.
Pursuant to 5 U.S.C. 553, it also found and determined upon good
cause that it is impracticable, unnecessary, and contrary to the public
interest to give preliminary notice prior to putting the rule into
effect and that good cause exists for not postponing the effective date
of this rule until 30 days after publication in the Federal Register
because: (1) The 2008-09 crop year began on August 1, 2008, and the
marketing order requires that the rate of assessment for each year
apply to all assessable prunes handled during the year; (2) this action
decreases the assessment rate for assessable prunes beginning with the
2008-09 crop year; (3) handlers are aware of this action which was
unanimously recommended at a public meeting and is similar to actions
recommended by the Committee in past years, and (4) this interim final
rule provides for a 60-day comment period, and all comments timely
received will be considered prior to finalization of this rule.
[[Page 50194]]
List of Subjects in 7 CFR Part 993
Marketing agreements, Plums, Prunes, Reporting and recordkeeping
requirements.
0
For the reasons set forth in the preamble, 7 CFR part 993 is amended as
follows:
PART 993--DRIED PRUNES PRODUCED IN CALIFORNIA
0
1. The authority citation for 7 CFR part 993 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
0
2. Section 993.347 is revised to read as follows:
Sec. 993.347 Assessment rate.
On and after August 1, 2008, an assessment rate of $0.30 per ton of
salable dried prunes is established for California dried prunes.
Dated: August 20, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E8-19695 Filed 8-25-08; 8:45 am]
BILLING CODE 3410-02-P
