Dried Prunes Produced in California; Decreased Assessment Rate, 1269-1271 [2010-163]
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1269
Rules and Regulations
Federal Register
Vol. 75, No. 6
Monday, January 11, 2010
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF AGRICULTURE
Small businesses may obtain
information on complying with this,
and other marketing order and
agreement regulations by viewing a
guide at the following Web site:
https://www.ams.usda.gov/AMSv1.0/
ams.fetchTemplateData.do?
template=TemplateN&page=Marketing
OrdersSmallBusinessGuide; or 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@ams.usda.gov.
Agricultural Marketing Service
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
SUPPLEMENTARY INFORMATION:
2851.3195 through 2851.3209),’ ‘(7 CFR
2851.3955 through 2851.3970),’ and ‘(7
CFR 2851.2830 through 2851.2854)’ and
by adding in their places the references
‘(7 CFR 51.3195 through 51.3209),’ ‘(7
CFR 51.3955 through 51.3970),’ and ‘(7
CFR 51.2830 through 51.2854)’,
respectively.’’
DEPARTMENT OF AGRICULTURE
Dated: January 6, 2010.
David R. Shipman,
Acting Administrator, Agricultural Marketing
Service.
Agricultural Marketing Service
BILLING CODE 3410–02–P
[FR Doc. 2010–314 Filed 1–8–10; 8:45 am]
7 CFR Part 980
[Doc. No. AMS–FV–08–0018; FV08–980–1 C]
Vegetable Import Regulations;
Modification of Potato Import
Regulations; Correction
AGENCY:
7 CFR Part 993
Agricultural Marketing Service,
USDA.
ACTION: Final rule; correction.
Dried Prunes Produced in California;
Decreased Assessment Rate
SUMMARY: The Agricultural Marketing
Service is correcting a final rule that
appeared in the Federal Register of
December 10, 2009. The rule modified
the import regulations for Irish potatoes
and made minor administrative changes
to the potato, onion, and tomato import
regulations to update informational
references. This document corrects two
Code of Federal Regulation citations in
the informational references that were
cited incorrectly.
DATES: Effective Date: January 11, 2010.
FOR FURTHER INFORMATION CONTACT:
Barry Broadbent 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:
Barry.Broadbent@usda.gov or
GaryD.Olson@usda.gov.
In FR Doc.
AMS–FV–08–0018; FV08–980–1 FR in
the Federal Register of Thursday,
December 10, 2009 (74 FR 65390), the
following corrections are made:
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SUPPLEMENTARY INFORMATION:
§ 980.117
[Corrected]
1. On page 65394, in the second
column, amendatory instruction 5(c) is
revised to read ‘‘Amend paragraph (h) by
removing the references ‘(7 CFR
■
VerDate Nov<24>2008
15:08 Jan 08, 2010
Jkt 220001
[Doc. No. AMS–FV–09–0048; FV09–993–1
FIR]
AGENCY: Agricultural Marketing Service,
USDA.
ACTION: Affirmation of interim final rule
as final rule.
SUMMARY: The Department of
Agriculture (USDA) is adopting, as a
final rule, without change, an interim
final rule that decreased the assessment
rate established for the Prune Marketing
Committee (Committee), for the 2009–10
and subsequent crop years from $0.30 to
$0.16 per ton of salable dried prunes.
The Committee locally administers the
marketing order that regulates the
handling of dried prunes in California.
The interim final rule was necessary to
align the Committee’s expected revenue
with decreases in its proposed budget
for the 2009–10 and subsequent crop
years, which began on August 1. The
assessment rate will remain in effect
indefinitely unless modified,
suspended, or terminated.
DATES: Effective Date: January 12, 2010.
FOR FURTHER INFORMATION CONTACT:
Debbie Wray, Marketing Specialist, or
Kurt J. Kimmel, Regional Manager,
California Marketing Field Office,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA; Telephone: (559) 487–
5901, Fax: (559) 487–5906, or E-mail:
Debbie.Wray@ams.usda.gov or
Kurt.Kimmel@ams.usda.gov.
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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 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.
Under the order, California dried
prune handlers are subject to
assessments, which provide funds to
administer the order. Assessment rates
issued under the order are intended to
be applicable to all assessable salable
dried prunes for the entire crop year,
and continue indefinitely until
amended, suspended, or terminated.
The Committee’s fiscal period begins on
August 1 and ends on July 31.
In an interim final rule published in
the Federal Register on September 9,
2009, and effective on September 10,
2009 (74 FR 46310, Doc. No. AMS–FV–
09–0048; FV09–993–1 IFR), § 993.347
was amended by decreasing the
assessment rate established for the
Committee for the 2009–10 and
subsequent crop years from $0.30 to
$0.16 per ton of California salable dried
prunes. The decrease in the per-ton
assessment rate was possible due to
significant decreases in operating
expenses and contingencies, and a
significant increase in the crop estimate
for the 2009–10 crop year.
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Federal Register / Vol. 75, No. 6 / Monday, January 11, 2010 / Rules and Regulations
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Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in
the Regulatory Flexibility Act (RFA), the
Agricultural Marketing Service (AMS)
has considered the economic impact of
this rule on small entities. Accordingly,
AMS has prepared this final regulatory
flexibility analysis.
The purpose of the RFA is to fit
regulatory actions to the scale of
business subject to such actions in order
that small businesses will not be unduly
or disproportionately burdened.
Marketing orders issued pursuant to the
Act, and the rules issued thereunder, are
unique in that they are brought about
through group action of essentially
small entities acting on their own
behalf.
There are approximately 900
producers of salable dried prunes in the
production area and approximately 20
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 $7,000,000.
Committee data indicates that about
64 percent of the handlers ship under
$7,000,000 worth of dried prunes.
Dividing the average prune crop value
for 2008–09 reported by the National
Agricultural Statistics Service (NASS) of
$196,080,000 by the number of
producers (900) yields an average
annual producer revenue estimate of
about $217,867. Based on the foregoing,
the majority of handlers and dried
prune producers may be classified as
small entities.
This rule continues in effect the
action that decreased the assessment
rate established for the Committee and
collected from handlers for the 2009–10
and subsequent crop years from $0.30 to
$0.16 per ton of salable dried prunes.
The Committee met on June 25, 2009,
and unanimously recommended
expenses of $54,138 and a decreased
assessment rate of $0.16 per ton of
salable dried prunes for the 2009–10
crop year. The Committee’s budget of
expenses of $54,138 includes a slight
increase in personnel expenses and
decreases in operating expenses and 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). The Committee believes that
extra assessment income carried in from
the 2008 crop year, plus interest income
and 2009–10 crop year assessment
income, is adequate to cover its
estimated expenses of $54,138.
VerDate Nov<24>2008
15:08 Jan 08, 2010
Jkt 220001
The assessment rate of $0.16 per ton
of salable dried prunes is $0.14 per ton
of salable dried prunes lower than the
rate currently in effect. The quantity of
salable dried prunes for the 2009–10
crop year is currently estimated at
160,000 tons, compared to 125,373 tons
of salable dried prunes for the 2008–09
crop year.
The major expenditures
recommended by the Committee for the
2009–10 crop year include $26,450 for
salaries and benefits, $11,780 for
operating expenses, and $15,908 for
contingencies. In comparison, budgeted
expenses for these items in 2008–09
were $26,248 for salaries and benefits,
$12,893 for operating expenses, and
$26,459 for contingencies.
The 2009–10 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
2009–10 crop year, and estimated
interest income. Therefore, the
Committee recommended an assessment
rate of $0.16 per ton of salable dried
prunes.
Prior to arriving at its budget of
$54,138, 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. The Executive Subcommittee
then recommended the $54,138 budget
and $0.16 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
2008–09 crop year (estimated at
$28,533) for up to 5 months beyond the
end of the crop year to meet 2009–10
crop year expenses, which are estimated
to be $54,138. 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 2008, the assessment rate of
$0.30 per ton is divided by the
estimated average grower price
(according to the NASS). This results in
estimated assessment revenue for the
2008–09 crop year as a percentage of
grower revenue of .02 percent ($0.30
divided by $1,520 per ton). NASS data
for 2009 is not yet available. However,
applying the same calculations above
using the average grower price for 2006–
08 would result in estimated assessment
revenue as a percentage of total grower
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revenue of .01 percent for the 2009–10
crop year ($0.16 divided by $1,453 per
ton). Thus, the assessment revenue
should be well below 1 percent of
estimated grower revenue in 2009.
This action continues in effect the
decreased 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 25, 2009, meeting
was a public meeting and all entities,
both large and small, were able to
express views on this issue.
This action imposes no additional
reporting or recordkeeping requirements
on either small or large 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.
In addition, USDA has not identified
any relevant Federal rules that
duplicate, overlap, or conflict with this
rule.
Comments on the interim final rule
were required to be received on or
before November 9, 2009. No comments
were received. Therefore, for the reasons
given in the interim final rule, we are
adopting the interim final rule as a final
rule, without change.
To view the interim final rule, go to:
https://www.regulations.gov/search/
Regs/home.html#documentDetail?R
=0900006480a1f26c.
This action also affirms information
contained in the interim final rule
concerning Executive Orders 12866 and
12988, the Paperwork Reduction Act (44
U.S.C. Chapter 35), and the E-Gov Act
(44 U.S.C. 101).
After consideration of all relevant
material presented, it is found that
finalizing the interim final rule, without
change, as published in the Federal
Register (74 FR 46310, September 9,
2009) will tend to effectuate the
declared policy of the Act.
List of Subjects in 7 CFR Part 993
Marketing agreements, Plums, Prunes,
Reporting and recordkeeping
requirements.
E:\FR\FM\11JAR1.SGM
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Federal Register / Vol. 75, No. 6 / Monday, January 11, 2010 / Rules and Regulations
number, 1–800–772–1213 or TTY
1–800–325–0778, or visit our Internet
site, Social Security Online, at https://
www.socialsecurity.gov.
PART 993—DRIED PRUNES
PRODUCED IN CALIFORNIA
[AMENDED]
Accordingly, the interim final rule
amending 7 CFR part 993 which was
published at 74 FR 46310 on September
9, 2009, is adopted as a final rule,
without change.
■
Dated: January 5, 2010.
Rayne Pegg,
Administrator, Agricultural Marketing
Service.
SUPPLEMENTARY INFORMATION:
Electronic Version
The electronic file of this document is
available on the date of publication in
the Federal Register at https://
www.gpoaccess.gov/fr/.
Explanation of Changes
[Docket No. SSA 2008–0034]
We are revising and making final the
rules we proposed in the notice of
proposed rulemaking (NPRM) published
in the Federal Register on December 9,
2008 (73 FR 74663). These conforming
changes revise our regulations to reflect
legislation enacted during the past
several years and to address two policy
concerns.
RIN 0960–AG66
Background
Technical Revisions to the
Supplemental Security Income (SSI)
Regulations on Income and Resources
The primary goal of the SSI program
is to ensure a minimum level of income
to people who are aged 65 or older,
blind, or disabled, and who have
limited income and resources. The law
provides that SSI payments can be made
only to people who have income and
resources below specified amounts.
Therefore, income and resources are
major factors in deciding SSI eligibility
and the amount of any SSI payments.
[FR Doc. 2010–163 Filed 1–8–10; 8:45 am]
BILLING CODE 3410–02–P
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 416
Social Security Administration.
Final rules.
AGENCY:
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ACTION:
SUMMARY: We are amending our
Supplemental Security Income (SSI)
regulations by making technical
revisions to our rules on income and
resources. Many of these revisions
reflect legislative changes found in the
Consolidated Appropriations Act of
2001 (CAA), the Economic Growth and
Tax Relief Reconciliation Act of 2001
(EGTRRA), an amendment to the
National Flood Insurance Act of 1968
(NFIA), the Energy Employees
Occupational Illness Compensation
Program Act of 2000 (EEOICPA), and
the Social Security Protection Act of
2004 (SSPA). We are also amending our
SSI rules to extend the home exclusion
to beneficiaries who, because of
domestic abuse, leave a home that had
otherwise been an excludable resource.
Finally, we are updating our
‘‘conditional-payment’’ rule to eliminate
the liquid-resource requirement as a
prerequisite to receiving conditionalbenefit payments.
DATES: These final rules are effective on
February 10, 2010.
FOR FURTHER INFORMATION CONTACT:
Donna Gonzalez, Social Insurance
Specialist, Social Security
Administration, Office of Income
Security Programs, 252 Altmeyer
Building, 6401 Security Boulevard,
Baltimore, MD 21235–6401, (410) 965–
7961, for information about this notice.
For information on eligibility or filing
for benefits, call our national toll-free
VerDate Nov<24>2008
17:16 Jan 08, 2010
Jkt 220001
The Changes We Are Making in These
Final Rules
We discuss below the changes we are
making in these final rules. We have
grouped the changes by the policy areas
affected.
Statutory Employees
Statutory employees are certain
independent contractors, including
agent-drivers or commission-drivers,
certain full-time life insurance
salespersons, home workers, and
traveling or city salespersons. Social
Security Act (Act) at 210(j)(3) (42 U.S.C.
410(j)(3)). We are revising section
416.1110(b) to update the definition of
net earnings from self-employment to
include the earnings of statutory
employees, as provided under section
519 of the CAA, which amended section
1612(a)(1) of the Act (42 U.S.C.
1382a(a)(1)). See Public Law 106–554,
app. A, 519 (Dec. 21, 2000). Previously,
we treated statutory employees the same
as employees for SSI eligibility and
payment-amount purposes and
considered their wages as earned
income. After this change to the Act, we
now treat statutory employees as selfemployed individuals and count only
their net earnings, deducting business
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1271
expenses before calculating their
income.
Exclusion of Child Tax Credit (CTC)
From Income and Resources
We exclude from income the payment
of a refundable CTC pursuant to the
EGTRRA. Public Law 107–16, section
203, 115 Stat. 49 (June 7, 2001)
(referring to Internal Revenue Code
section 24, 26 U.S.C. 24). This
exclusion, which was effective for SSI
purposes for taxable years beginning on
or after January 1, 2001, is not currently
in our regulations. We also exclude the
payment of a refundable CTC from
resources for the 9 months following the
month of receipt. Currently the resource
exclusion is included under section
416.1236, titled ‘‘Exclusions from
resources; provided by other statutes.’’
This resource exclusion is now
provided in the Act at 1613(a)(11) (42
U.S.C. 1382b(a)(11)), as amended by the
SSPA, Public Law 108–203, 431 (Mar. 2,
2004). We are making the following
revisions to conform to these changes:
• We are adding new paragraph (m)
under the heading ‘‘V. Other,’’ in the
appendix to subpart K to exclude from
income a refundable CTC paid under
section 24 of the Internal Revenue Code
of 1986. This appendix section lists
types of income excluded under the SSI
program as provided by Federal laws
other than the Act.
• We are amending section 416.1235
to correctly reflect that the exclusion for
payment of a refundable CTC is now
provided under the Act. This provision
previously appeared in our rules at
section 416.1236(a)(24) within a list of
exclusions provided by other statutes.
We are moving this exclusion to section
416.1235 but we are not making any
substantive changes to it. Under this
provision, a CTC payment is excluded
from resources for SSI purposes during
the month the payment is received and
the following month for payments
received before March 2, 2004, and for
the 9 months following the month of
receipt for payments received on or after
March 2, 2004. We also are changing the
title of this section to more accurately
reflect its contents.
• We are adding new paragraph (v) to
section 416.1210, which provides a list
of general resources we do not count
when determining SSI eligibility. This
new paragraph excludes from resources
the payment of a refundable CTC and
includes a cross-reference to section
416.1235.
• We are removing from section
416.1236(a) former paragraph (24),
which had excluded from resources the
payment of a refundable CTC. As
E:\TEMP\11JAR1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 6 (Monday, January 11, 2010)]
[Rules and Regulations]
[Pages 1269-1271]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-163]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 993
[Doc. No. AMS-FV-09-0048; FV09-993-1 FIR]
Dried Prunes Produced in California; Decreased Assessment Rate
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Affirmation of interim final rule as final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Agriculture (USDA) is adopting, as a final
rule, without change, an interim final rule that decreased the
assessment rate established for the Prune Marketing Committee
(Committee), for the 2009-10 and subsequent crop years from $0.30 to
$0.16 per ton of salable dried prunes. The Committee locally
administers the marketing order that regulates the handling of dried
prunes in California. The interim final rule was necessary to align the
Committee's expected revenue with decreases in its proposed budget for
the 2009-10 and subsequent crop years, which began on August 1. The
assessment rate will remain in effect indefinitely unless modified,
suspended, or terminated.
DATES: Effective Date: January 12, 2010.
FOR FURTHER INFORMATION CONTACT: Debbie Wray, Marketing Specialist, or
Kurt J. Kimmel, Regional Manager, California Marketing Field Office,
Marketing Order Administration Branch, Fruit and Vegetable Programs,
AMS, USDA; Telephone: (559) 487-5901, Fax: (559) 487-5906, or E-mail:
Debbie.Wray@ams.usda.gov or Kurt.Kimmel@ams.usda.gov.
Small businesses may obtain information on complying with this, and
other marketing order and agreement regulations by viewing a guide at
the following Web site: https://www.ams.usda.gov/AMSv1.0/ams.fetchTemplateData.do?template=TemplateN&page=MarketingOrdersSmallBusinessGuide; or 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@ams.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 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.
Under the order, California dried prune handlers are subject to
assessments, which provide funds to administer the order. Assessment
rates issued under the order are intended to be applicable to all
assessable salable dried prunes for the entire crop year, and continue
indefinitely until amended, suspended, or terminated. The Committee's
fiscal period begins on August 1 and ends on July 31.
In an interim final rule published in the Federal Register on
September 9, 2009, and effective on September 10, 2009 (74 FR 46310,
Doc. No. AMS-FV-09-0048; FV09-993-1 IFR), Sec. 993.347 was amended by
decreasing the assessment rate established for the Committee for the
2009-10 and subsequent crop years from $0.30 to $0.16 per ton of
California salable dried prunes. The decrease in the per-ton assessment
rate was possible due to significant decreases in operating expenses
and contingencies, and a significant increase in the crop estimate for
the 2009-10 crop year.
[[Page 1270]]
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA), the Agricultural Marketing Service (AMS) has considered the
economic impact of this rule on small entities. Accordingly, AMS has
prepared this final regulatory flexibility analysis.
The purpose of the RFA is to fit regulatory actions to the scale of
business subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. Marketing orders issued
pursuant to the Act, and the rules issued thereunder, are unique in
that they are brought about through group action of essentially small
entities acting on their own behalf.
There are approximately 900 producers of salable dried prunes in
the production area and approximately 20 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 $7,000,000.
Committee data indicates that about 64 percent of the handlers ship
under $7,000,000 worth of dried prunes. Dividing the average prune crop
value for 2008-09 reported by the National Agricultural Statistics
Service (NASS) of $196,080,000 by the number of producers (900) yields
an average annual producer revenue estimate of about $217,867. Based on
the foregoing, the majority of handlers and dried prune producers may
be classified as small entities.
This rule continues in effect the action that decreased the
assessment rate established for the Committee and collected from
handlers for the 2009-10 and subsequent crop years from $0.30 to $0.16
per ton of salable dried prunes.
The Committee met on June 25, 2009, and unanimously recommended
expenses of $54,138 and a decreased assessment rate of $0.16 per ton of
salable dried prunes for the 2009-10 crop year. The Committee's budget
of expenses of $54,138 includes a slight increase in personnel expenses
and decreases in operating expenses and 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). The
Committee believes that extra assessment income carried in from the
2008 crop year, plus interest income and 2009-10 crop year assessment
income, is adequate to cover its estimated expenses of $54,138.
The assessment rate of $0.16 per ton of salable dried prunes is
$0.14 per ton of salable dried prunes lower than the rate currently in
effect. The quantity of salable dried prunes for the 2009-10 crop year
is currently estimated at 160,000 tons, compared to 125,373 tons of
salable dried prunes for the 2008-09 crop year.
The major expenditures recommended by the Committee for the 2009-10
crop year include $26,450 for salaries and benefits, $11,780 for
operating expenses, and $15,908 for contingencies. In comparison,
budgeted expenses for these items in 2008-09 were $26,248 for salaries
and benefits, $12,893 for operating expenses, and $26,459 for
contingencies.
The 2009-10 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 2009-10 crop year, and estimated interest income. Therefore,
the Committee recommended an assessment rate of $0.16 per ton of
salable dried prunes.
Prior to arriving at its budget of $54,138, 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. The Executive Subcommittee then recommended the $54,138
budget and $0.16 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 2008-09 crop year (estimated at
$28,533) for up to 5 months beyond the end of the crop year to meet
2009-10 crop year expenses, which are estimated to be $54,138. 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 2008, the assessment rate of $0.30 per ton is
divided by the estimated average grower price (according to the NASS).
This results in estimated assessment revenue for the 2008-09 crop year
as a percentage of grower revenue of .02 percent ($0.30 divided by
$1,520 per ton). NASS data for 2009 is not yet available. However,
applying the same calculations above using the average grower price for
2006-08 would result in estimated assessment revenue as a percentage of
total grower revenue of .01 percent for the 2009-10 crop year ($0.16
divided by $1,453 per ton). Thus, the assessment revenue should be well
below 1 percent of estimated grower revenue in 2009.
This action continues in effect the decreased 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 25, 2009, meeting was a public meeting and
all entities, both large and small, were able to express views on this
issue.
This action imposes no additional reporting or recordkeeping
requirements on either small or large 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.
In addition, USDA has not identified any relevant Federal rules
that duplicate, overlap, or conflict with this rule.
Comments on the interim final rule were required to be received on
or before November 9, 2009. No comments were received. Therefore, for
the reasons given in the interim final rule, we are adopting the
interim final rule as a final rule, without change.
To view the interim final rule, go to: https://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480a1f26c.
This action also affirms information contained in the interim final
rule concerning Executive Orders 12866 and 12988, the Paperwork
Reduction Act (44 U.S.C. Chapter 35), and the E-Gov Act (44 U.S.C.
101).
After consideration of all relevant material presented, it is found
that finalizing the interim final rule, without change, as published in
the Federal Register (74 FR 46310, September 9, 2009) will tend to
effectuate the declared policy of the Act.
List of Subjects in 7 CFR Part 993
Marketing agreements, Plums, Prunes, Reporting and recordkeeping
requirements.
[[Page 1271]]
PART 993--DRIED PRUNES PRODUCED IN CALIFORNIA [AMENDED]
0
Accordingly, the interim final rule amending 7 CFR part 993 which was
published at 74 FR 46310 on September 9, 2009, is adopted as a final
rule, without change.
Dated: January 5, 2010.
Rayne Pegg,
Administrator, Agricultural Marketing Service.
[FR Doc. 2010-163 Filed 1-8-10; 8:45 am]
BILLING CODE 3410-02-P
