Dried Prunes Produced in California; Decreased Assessment Rate, 53813-53816 [2011-22119]
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Federal Register / Vol. 76, No. 168 / Tuesday, August 30, 2011 / Rules and Regulations
A review of historical information and
preliminary information pertaining to
the upcoming fiscal period indicates
that the Oregon-Washington grower
price for the 2011–2012 fiscal period
could range between $216 and $283 per
ton of processed pears. Therefore, the
estimated assessment revenue for the
2011–2012 fiscal period as a percentage
of total grower revenue could range
between 3.58 and 2.73 percent.
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
Oregon-Washington pear 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 2,
2011, 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 rule,
including the regulatory and
informational impacts of this action on
small businesses.
In accordance with the Paperwork
Reduction Act of 1991 (44 U.S.C.
Chapter 35), the order’s information
collection requirements have been
previously approved by the Office of
Management and Budget (OMB) and
assigned OMB No. 0581–0189, Generic
Fruit Crops. No changes in those
requirements as a result of this action
are anticipated. Should any changes
become necessary, they would be
submitted to OMB for approval.
This action imposes no additional
reporting or recordkeeping requirements
on either small or large OregonWashington processed pear 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
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Jkt 223001
be viewed at: https://www.ams.usda.gov/
MarketingOrdersSmallBusinessGuide.
Any questions about the compliance
guide should be sent to Laurel May 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 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 2011–2012 fiscal
period began on July 1, 2011, and the
marketing order requires that the rate of
assessment for each fiscal period apply
to all assessable pears handled during
such fiscal period; (2) this action
decreases the assessment rate for
assessable processed pears beginning
with the 2011–2012 fiscal period; (3)
handlers are aware of this action which
was unanimously recommended by the
Committee at a public meeting and is
similar to other assessment rate actions
issued in past years; and (4) this interim
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 927
Marketing agreements, Pears,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 7 CFR part 927 is amended as
follows:
PART 927—PEARS GROWN IN
OREGON AND WASHINGTON
1. The authority citation for 7 CFR
part 927 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
2. In § 927.237, the introductory text
and paragraph (a) are revised to read as
follows:
■
§ 927.237
rate.
Processed pear assessment
On and after July 1, 2011, the
following base rates of assessment for
pears for processing are established for
the Processed Pear Committee:
(a) $7.73 per ton for any or all
varieties or subvarieties of pears for
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canning classified as ‘‘summer/fall’’
excluding pears for other methods of
processing;
*
*
*
*
*
Dated: August 19, 2011.
David R. Shipman,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 2011–22115 Filed 8–29–11; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 993
[Doc. No. AMS–FV–11–0068; FV11–993–1
IR]
Dried Prunes Produced in California;
Decreased Assessment Rate
Agricultural Marketing Service,
USDA.
ACTION: Interim rule with request for
comments.
AGENCY:
This rule decreases the
assessment rate established for the
Prune Marketing Committee
(Committee) for the 2011–12 and
subsequent crop years from $0.27 to
$0.22 per ton of salable dried prunes
handled. The Committee locally
administers the marketing order which
regulates the handling of dried prunes
produced in California. Assessments
upon dried prune handlers are used by
the Committee to fund reasonable and
necessary expenses of the program. The
crop year begins August 1 and ends July
31. The assessment rate will remain in
effect indefinitely unless modified,
suspended, or terminated.
DATES: Effective August 31, 2011.
Comments received by October 31,
2011, 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 document 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. All
comments submitted in response to this
rule will be included in the record and
SUMMARY:
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srobinson on DSK4SPTVN1PROD with RULES
53814
Federal Register / Vol. 76, No. 168 / Tuesday, August 30, 2011 / Rules and Regulations
will be made available to the public.
Please be advised that the identity of the
individuals or entities submitting the
comments will be made public on the
Internet at the address provided above.
FOR FURTHER INFORMATION CONTACT:
Andrea Ricci or Kurt Kimmel, 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:
Andrea.Ricci@ams.usda.gov or
Kurt.Kimmel@ams.usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Laurel May,
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:
Laurel.May@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This rule
is issued under Marketing Agreement
No. 110 and Order No. 993, both as
amended (7 CFR part 993), regulating
the handling of dried prunes produced
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.
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. Under the marketing order now
in effect, California dried prune
handlers are subject to assessments.
Funds to administer the order are
derived from such assessments. It is
intended that the assessment rate as
issued herein will be applicable to all
assessable dried prunes beginning
August 1, 2011, and continue until
amended, suspended, or terminated.
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
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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 2011–12 and subsequent crop years
from $0.27 per to $0.22 per ton of
salable dried prunes.
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 and handlers 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 in a public meeting.
Thus, all directly affected persons have
an opportunity to participate and
provide input.
For the 2010–11 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 16, 2011,
and unanimously recommended 2011–
12 expenditures of $46,497 and an
assessment rate of $0.22 per ton of
salable dried prunes. In comparison, last
year’s budgeted expenditures were
$55,548. The assessment rate of $0.22 is
$0.05 lower than the rate currently in
effect.
The Committee unanimously
recommended the lower assessment rate
because of a substantial decrease in
salaries and wages expense. The current
excess funds carried forward and
estimated interest income combined
with the funds generated from the
decreased assessment rate and
decreased crop is expected to provide
adequate income to cover anticipated
2011–12 year expenses.
The major expenditures
recommended by the Committee for the
2011–12 year include $20,993 for
salaries and wages expense, $9,783 for
operating expenses, and $15,721 for
contingences. Budgeted expenses for
these items in 2010–11 were $31,781,
$10,730, and $13,037, respectively.
The assessment rate recommended by
the Committee was derived by
considering the excess funds carried
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forward into the 2011–12 crop year, the
estimated interest income, the estimated
salable tons of California dried prunes,
and handler assessment revenue needed
to meet anticipated expenses. Excess
funds carried forward are expected to be
about $19,650 and interest income is
estimated at $7. Dried prune production
for the year is estimated at 122,000
salable tons, which should provide
$26,840 in assessment income. In
addition, 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 the recent years, it
is funding only 5 percent of the shared
expenses of the two programs. This
funding level is similar to that of last
year. The Committee believes that the
current excess funds carried forward
from the 2010–11 crop year and
estimated interest income combined
with funds generated from the lower
2011–12 assessment rate and decreased
crop will be adequate to cover its
anticipated 2011–2012 expenses of
$46,497.
The Committee is authorized under
§ 993.81(c) of the order to use excess
assessment funds from the 2010–11 crop
year (currently estimated at $19,650) for
up to 5 months beyond the end of the
crop year to meet the 2011–12 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 will continue in effect
indefinitely unless modified,
suspended, or terminated by USDA
upon recommendation and information
submitted by the Committee or other
available information.
Although this assessment rate is
effective 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 Committee
recommendations and other available
information to determine whether
modification of the assessment rate is
needed. Further rulemaking will be
undertaken as necessary. The
Committee’s 2011–12 budget and those
for subsequent crop years will be
reviewed and, as appropriate, approved
by USDA.
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Federal Register / Vol. 76, No. 168 / Tuesday, August 30, 2011 / Rules and Regulations
srobinson on DSK4SPTVN1PROD with RULES
Initial Regulatory Flexibility Analysis
Pursuant to requirements set forth in
the Regulatory Flexibility Act (RFA) (5
U.S.C. 601–612), 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
California area and approximately 21
handlers subject to regulation under the
marketing order. Small agricultural
producers are defined by the Small
Business Administration (13 CFR
121.201) as those having annual receipts
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 dried prune crop
value for 2010 reported by the National
Agricultural Statistics Service (NASS) of
$149,860,000 by the number of
producers (800) yields the average
annual producer revenue estimate of
about $187,325. Thus, the majority of
handlers and California 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 2011–12
and subsequent crop years from $0.27 to
$0.22 per ton of salable dried prunes.
The Committee unanimously
recommended 2011–12 estimated
expenses of $46,497 and a decreased
assessment rate of $0.22 per ton of
salable dried prunes.
The quantity of assessable dried
prunes for the 2011–12 crop year is
estimated at 122,000 tons. Thus, the
$0.22 rate should provide $26,840 in
assessment income. The current excess
funds carried forward and estimated
interest income combined with funds
generated from the decreased
assessment rate and decreased crop is
expected to provide adequate income to
cover anticipated 2011–12 crop year
expenses.
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Jkt 223001
The major expenditures
recommended by the Committee for the
2011–12 crop year include $20,993 for
salaries and wages expense, $9,783 for
operating expenses, and $15,721 for
contingences. Budgeted expenses for
these items in 2010–11 were $31,781,
$10,730, and $13,037, respectively.
The Committee unanimously
recommended the lower assessment rate
because of a substantial decrease in
salaries and wages expense. The current
excess funds carried forward and
estimated interest income combined
with the funds generated from the
decreased assessment rate and
decreased crop are expected to provide
adequate income to cover anticipated
2011–12 year expenses.
The Committee discussed alternatives
to this rule, including alternative
expenditure levels, but determined that
the recommended expenses were
reasonable and necessary to adequately
cover program operations. Prior to
arriving at its budget of $46,497, 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.
According to NASS, the season
average producer price was $1,230 in
2009 and $1,180 per ton of salable dried
prunes in 2010. A review of this
historical data and preliminary
information pertaining to the upcoming
crop year indicates that the producer
prices for the 2011–12 crop year could
range between $1,230 and $1,180.
Therefore, the estimated assessment
revenue for the 2011–12 crop year as a
percentage of total producer prices
during the 2011–12 crop year could
range between 0.018 and 0.019 percent.
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 16, 2011,
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 rule,
including the regulatory and
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53815
informational impacts of this action on
small businesses.
In accordance with the Paperwork
Reduction Act of 1995, (44 U.S.C.
Chapter 35), the order’s information
collection requirements have been
previously approved by the Office of
Management and Budget (OMB) and
assigned OMB No. 0581–0178 Vegetable
and Specialty Crop Marketing Orders.
No changes in those requirements as a
result of this action are necessary.
Should any changes become necessary,
they would be submitted to OMB for
approval.
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/
MarketingOrdersSmallBusinessGuide.
Any questions about the compliance
guide should be sent to Laurel May 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 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 2011–12 crop year
begins on August 1, 2011, and the
marketing order requires that the rate of
assessment for each crop year apply to
all assessable dried prunes handled
during such crop year; (2) this action
decreases the assessment rate for
assessable dried prunes beginning with
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Federal Register / Vol. 76, No. 168 / Tuesday, August 30, 2011 / Rules and Regulations
the 2011–12 crop year; (3) handlers are
aware of this action which was
unanimously recommended by the
Committee at a public meeting and is
similar to other assessment rate actions
issued in past years; and (4) this interim
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 993
Marketing agreements, Plums, Prunes,
Reporting and recordkeeping
requirements.
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:
■
Authority: 7 U.S.C. 601–674.
2. Section 993.347 is revised to read
as follows:
■
§ 993.347
Assessment rate.
On and after August 1, 2011, an
assessment rate of $0.22 per ton is
established for California dried prunes.
Dated: August 19, 2011.
David R. Shipman,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 2011–22119 Filed 8–29–11; 8:45 am]
BILLING CODE 3410–02–P
and Vegetable Programs, AMS, USDA,
P.O. Box 831, Beavercreek, Oregon
97004; telephone: (503) 632–8848;
facsimile (503) 632–8852; or electronic
mail: Maureen.Pello@ams.usda.gov.
SUPPLEMENTARY INFORMATION:
Background
This rule establishes a Softwood
Lumber Research, Promotion, Consumer
Education and Industry Information
Order (Order). The purpose of the Order
is to strengthen the position of softwood
lumber in the marketplace, maintain
and expand markets for softwood
lumber, and develop new uses for
softwood lumber within the United
States. The Order is issued pursuant to
the Commodity Promotion, Research,
and Information Act of 1996 (7 U.S.C.
7411–7425).
Corrections
In FR Doc. 2011–19491, published
August 2, 2011 (76 FR 46185), make the
following corrections.
1. On page 46193, in column 2, the
words of issuance are corrected to read
as follows:
For the reasons set forth in the
preamble, Title 7, Chapter XI of the
Code of Federal Regulations is amended
by adding subpart A to part 1217 to read
as follows:
2. On page 46194, column 1, the
words ‘‘Subpart B—[Reserved]’’ are
removed.
3. On page 46202 in column 1,
§ 1217.88 is revised to read as follows:
§ 1217.88
OMB Control numbers.
The control numbers assigned to the
information collection requirements by
the Office of Management and Budget
pursuant to the Paperwork Reduction
Act of 1995, 44 U.S.C. Chapter 35, are
OMB control number 0505–0001 (Board
nominee background statement) and
OMB control number 0581–0264.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1217
[Document Number AMS–FV–10–0015C;
FR]
RIN 0581–AD03
Softwood Lumber Research,
Promotion, Consumer Education and
Industry Information Order; Correction
Agricultural Marketing Service.
ACTION: Corrections to final rule.
Dated: August 22, 2011.
David R. Shipman,
Acting Administrator.
[FR Doc. 2011–22150 Filed 8–29–11; 8:45 am]
BILLING CODE 3410–02–P
AGENCY:
This document contains
corrections to the final rule published
on August 2, 2011 (76 FR 46185),
regarding softwood lumber. Corrections
are made in the amendatory instruction
section and in § 1217.88 of the final
rule.
srobinson on DSK4SPTVN1PROD with RULES
SUMMARY:
Effective Date: August 31, 2011.
FOR FURTHER INFORMATION CONTACT:
Maureen T. Pello, Marketing Specialist,
Research and Promotion Division, Fruit
DATES:
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 14
[Docket No. FDA–2011–N–0002]
Advisory Committee; Change of Name
and Function; Technical Amendment
AGENCY:
Food and Drug Administration,
HHS.
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ACTION:
Final rule.
The Food and Drug
Administration (FDA) is amending the
standing advisory committees’
regulations to change the name and
function of the Anesthetic and Life
Support Drugs Advisory Committee.
This action is being taken to reflect
changes made to the charter for this
advisory committee.
DATES: Effective September 6, 2011.
FOR FURTHER INFORMATION CONTACT:
Philip Bautista, Center for Drug
Evaluation and Research, Food and
Drug Administration, 10903 New
Hampshire Ave., Bldg. 31, Rm. 2417,
Silver Spring, MD 20993–0002, 301–
796–9001.
SUPPLEMENTARY INFORMATION: FDA is
announcing that the name of the
Anesthetic and Life Support Drugs
Advisory Committee, which was
established on May 1, 1978, has been
changed. The Agency decided that the
name ‘‘Anesthetic and Analgesic Drug
Products Advisory Committee’’ would
more accurately describe the subject
areas for which the committee is
responsible. The mandate of the
committee is being expanded to include
analgesics, e.g., abuse-deterrent opioids,
novel analgesics, and opioid abuse.
The Committee reviews and evaluates
available data concerning the safety and
effectiveness of marketed and
investigational human drug products
including analgesics, e.g., abusedeterrent opioids, novel analgesics, and
issues related to opioid abuse, and those
for use in anesthesiology.
The Anesthetic and Life Support
Drugs Advisory Committee name was
changed and its functions expanded in
the charter renewal dated June 9, 2011.
FDA is hereby revising 21 CFR 14.100
(c)(1) to reflect these changes.
Publication of this final rule
constitutes a final action on this change
under the Administrative Procedure
Act. Under 5 U.S.C. 553(b)(3)(B) and (d)
and 21 CFR 10.40(d) and (e), the Agency
finds good cause to dispense with notice
and public procedure and to proceed to
an immediately effective regulation.
Such notice and procedures are
unnecessary and are not in the public
interest, because the final rule is merely
codifying the new name and the
expanded function of the advisory
committee to reflect the current
committee charter.
SUMMARY:
List of Subjects in 21 CFR Part 14
Administrative practice and
procedure, Advisory committees, Color
additives, Drugs, Radiation protection.
Therefore, under the Federal Food
and Drug, and Cosmetic Act and under
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]]>Agencies
[Federal Register Volume 76, Number 168 (Tuesday, August 30, 2011)]
[Rules and Regulations]
[Pages 53813-53816]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22119]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 993
[Doc. No. AMS-FV-11-0068; FV11-993-1 IR]
Dried Prunes Produced in California; Decreased Assessment Rate
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim 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 2011-12 and subsequent
crop years from $0.27 to $0.22 per ton of salable dried prunes handled.
The Committee locally administers the marketing order which regulates
the handling of dried prunes produced in California. Assessments upon
dried prune handlers are used by the Committee to fund reasonable and
necessary expenses of the program. The crop year begins August 1 and
ends July 31. The assessment rate will remain in effect indefinitely
unless modified, suspended, or terminated.
DATES: Effective August 31, 2011. Comments received by October 31,
2011, 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 document 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. All comments submitted in response to this rule
will be included in the record and
[[Page 53814]]
will be made available to the public. Please be advised that the
identity of the individuals or entities submitting the comments will be
made public on the Internet at the address provided above.
FOR FURTHER INFORMATION CONTACT: Andrea Ricci or Kurt Kimmel,
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: Andrea.Ricci@ams.usda.gov or
Kurt.Kimmel@ams.usda.gov.
Small businesses may request information on complying with this
regulation by contacting Laurel May, 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: Laurel.May@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing
Agreement No. 110 and Order No. 993, both as amended (7 CFR part 993),
regulating the handling of dried prunes produced 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.
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. Under the marketing order now in effect, California
dried prune handlers are subject to assessments. Funds to administer
the order are derived from such assessments. It is intended that the
assessment rate as issued herein will be applicable to all assessable
dried prunes beginning August 1, 2011, and continue until amended,
suspended, or terminated.
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 2011-12 and subsequent crop years from $0.27 per to
$0.22 per ton of salable dried prunes.
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 and handlers 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 in a public
meeting. Thus, all directly affected persons have an opportunity to
participate and provide input.
For the 2010-11 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 16, 2011, and unanimously recommended
2011-12 expenditures of $46,497 and an assessment rate of $0.22 per ton
of salable dried prunes. In comparison, last year's budgeted
expenditures were $55,548. The assessment rate of $0.22 is $0.05 lower
than the rate currently in effect.
The Committee unanimously recommended the lower assessment rate
because of a substantial decrease in salaries and wages expense. The
current excess funds carried forward and estimated interest income
combined with the funds generated from the decreased assessment rate
and decreased crop is expected to provide adequate income to cover
anticipated 2011-12 year expenses.
The major expenditures recommended by the Committee for the 2011-12
year include $20,993 for salaries and wages expense, $9,783 for
operating expenses, and $15,721 for contingences. Budgeted expenses for
these items in 2010-11 were $31,781, $10,730, and $13,037,
respectively.
The assessment rate recommended by the Committee was derived by
considering the excess funds carried forward into the 2011-12 crop
year, the estimated interest income, the estimated salable tons of
California dried prunes, and handler assessment revenue needed to meet
anticipated expenses. Excess funds carried forward are expected to be
about $19,650 and interest income is estimated at $7. Dried prune
production for the year is estimated at 122,000 salable tons, which
should provide $26,840 in assessment income. In addition, 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 the recent years, it is
funding only 5 percent of the shared expenses of the two programs. This
funding level is similar to that of last year. The Committee believes
that the current excess funds carried forward from the 2010-11 crop
year and estimated interest income combined with funds generated from
the lower 2011-12 assessment rate and decreased crop will be adequate
to cover its anticipated 2011-2012 expenses of $46,497.
The Committee is authorized under Sec. 993.81(c) of the order to
use excess assessment funds from the 2010-11 crop year (currently
estimated at $19,650) for up to 5 months beyond the end of the crop
year to meet the 2011-12 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 will continue in
effect indefinitely unless modified, suspended, or terminated by USDA
upon recommendation and information submitted by the Committee or other
available information.
Although this assessment rate is effective 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 Committee
recommendations and other available information to determine whether
modification of the assessment rate is needed. Further rulemaking will
be undertaken as necessary. The Committee's 2011-12 budget and those
for subsequent crop years will be reviewed and, as appropriate,
approved by USDA.
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Initial Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601-612), 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
California area and approximately 21 handlers subject to regulation
under the marketing order. Small agricultural producers are defined by
the Small Business Administration (13 CFR 121.201) as those having
annual receipts 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 dried
prune crop value for 2010 reported by the National Agricultural
Statistics Service (NASS) of $149,860,000 by the number of producers
(800) yields the average annual producer revenue estimate of about
$187,325. Thus, the majority of handlers and California 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 2011-12 and subsequent
crop years from $0.27 to $0.22 per ton of salable dried prunes. The
Committee unanimously recommended 2011-12 estimated expenses of $46,497
and a decreased assessment rate of $0.22 per ton of salable dried
prunes.
The quantity of assessable dried prunes for the 2011-12 crop year
is estimated at 122,000 tons. Thus, the $0.22 rate should provide
$26,840 in assessment income. The current excess funds carried forward
and estimated interest income combined with funds generated from the
decreased assessment rate and decreased crop is expected to provide
adequate income to cover anticipated 2011-12 crop year expenses.
The major expenditures recommended by the Committee for the 2011-12
crop year include $20,993 for salaries and wages expense, $9,783 for
operating expenses, and $15,721 for contingences. Budgeted expenses for
these items in 2010-11 were $31,781, $10,730, and $13,037,
respectively.
The Committee unanimously recommended the lower assessment rate
because of a substantial decrease in salaries and wages expense. The
current excess funds carried forward and estimated interest income
combined with the funds generated from the decreased assessment rate
and decreased crop are expected to provide adequate income to cover
anticipated 2011-12 year expenses.
The Committee discussed alternatives to this rule, including
alternative expenditure levels, but determined that the recommended
expenses were reasonable and necessary to adequately cover program
operations. Prior to arriving at its budget of $46,497, 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.
According to NASS, the season average producer price was $1,230 in
2009 and $1,180 per ton of salable dried prunes in 2010. A review of
this historical data and preliminary information pertaining to the
upcoming crop year indicates that the producer prices for the 2011-12
crop year could range between $1,230 and $1,180. Therefore, the
estimated assessment revenue for the 2011-12 crop year as a percentage
of total producer prices during the 2011-12 crop year could range
between 0.018 and 0.019 percent.
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 16, 2011, 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 rule,
including the regulatory and informational impacts of this action on
small businesses.
In accordance with the Paperwork Reduction Act of 1995, (44 U.S.C.
Chapter 35), the order's information collection requirements have been
previously approved by the Office of Management and Budget (OMB) and
assigned OMB No. 0581-0178 Vegetable and Specialty Crop Marketing
Orders. No changes in those requirements as a result of this action are
necessary. Should any changes become necessary, they would be submitted
to OMB for approval.
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/MarketingOrdersSmallBusinessGuide. Any questions
about the compliance guide should be sent to Laurel May 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 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 2011-12 crop year begins on August 1, 2011,
and the marketing order requires that the rate of assessment for each
crop year apply to all assessable dried prunes handled during such crop
year; (2) this action decreases the assessment rate for assessable
dried prunes beginning with
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the 2011-12 crop year; (3) handlers are aware of this action which was
unanimously recommended by the Committee at a public meeting and is
similar to other assessment rate actions issued in past years; and (4)
this interim 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 993
Marketing agreements, Plums, Prunes, Reporting and recordkeeping
requirements.
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, 2011, an assessment rate of $0.22 per ton is
established for California dried prunes.
Dated: August 19, 2011.
David R. Shipman,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2011-22119 Filed 8-29-11; 8:45 am]
BILLING CODE 3410-02-P
