[Federal Register Volume 63, Number 191 (Friday, October 2, 1998)]
[Rules and Regulations]
[Pages 52959-52961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26479]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 63, No. 191 / Friday, October 2, 1998 / Rules
and Regulations
[[Page 52959]]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 993
[Docket No. FV98-993-2 FR]
Dried Prunes Produced in California; Increased Assessment Rate
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: This rule increases the assessment rate from $1.60 to $2.16
per ton of salable dried prunes established for the Prune Marketing
Committee (Committee) under Marketing Order No. 993 for the 1998-99 and
subsequent crop years. The Committee is responsible for local
administration of the marketing order which regulates the handling of
dried prunes grown in California. Authorization to assess dried prune
handlers enables the Committee to incur expenses that are reasonable
and necessary to administer 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.
EFFECTIVE DATE: October 3, 1998.
FOR FURTHER INFORMATION CONTACT: Diane Purvis, Marketing Assistant, or
Richard P. Van Diest, Marketing Specialist, California Marketing Field
Office, Fruit and Vegetable Programs, AMS, USDA, 2202 Monterey Street,
suite 102B, Fresno, California 93721; telephone (209) 487-5901; Fax
(209) 487-5906; or George Kelhart, Technical Advisor, Marketing Order
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, room
2525-S, P.O. Box 96456, Washington, DC 20090-6456; telephone: (202)
720-2491, Fax: (202) 205-6632. Small businesses may request information
on compliance with this regulation by contacting Jay Guerber, Marketing
Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA,
room 2525-S, P.O. Box 96456, Washington, DC 20090-6456; telephone:
(202) 720-2491, Fax: (202) 205-6632.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing
Agreement and 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 (Department) 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 on August 1, 1998, 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 the Secretary 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 the Secretary 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 the
Secretary'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 increases the assessment rate established for the
Committee for the 1998-99 and subsequent crop years from $1.60 per ton
to $2.16 per ton of salable dried prunes.
The California dried prune marketing order provides authority for
the Committee, with the approval of the Department, 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 1997-98 and subsequent crop years, the Committee
recommended, and the Department approved, an assessment rate that would
continue in effect from crop year to crop year unless modified,
suspended, or terminated by the Secretary upon recommendation and
information submitted by the Committee or other information available
to the Secretary.
The Committee met on June 25, 1998, and unanimously recommended
1998-99 expenditures of $348,840 and an assessment rate of $2.16 per
ton of salable dried prunes. In comparison, last year's budgeted
expenditures were $331,960 and the assessment rate was $1.60 per ton.
The assessment rate of $2.16 is $0.56 higher than the rate currently in
effect. The $0.56 per ton increase is needed to generate sufficient
income to meet higher 1998-99 expenses, including increases in salaries
and operating expenses, and to offset an expected reduction in the size
of the crop because of unusually cool and wet weather this season. The
California Agricultural Statistical Service estimates a 170,000 ton
crop during the 1998-99 crop year, of which 8,500 tons are not expected
to be salable because of size or quality, leaving a balance of 161,500
salable tons.
The following table compares major budget expenditures (in
thousands of dollars) recommended by the Committee for the 1998-99 and
1997-98 crop years:
[[Page 52960]]
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Budget expense categories 1998-99 1997-98
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Salaries, Wages & Benefits.................. 191.5 176.3
Research & Development...................... 30 30
Office Rent................................. 23 23
Travel...................................... 21 21
Acreage Survey.............................. 21 20
Reserve (Contingencies)..................... 9.14 8.06
Equipment Rental............................ 9 9
Data Processing............................. 8 8
Stationary & Printing....................... 5.5 5
Office Supplies............................. 5 5
Postage & Messenger......................... 5 5
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The assessment rate recommended by the Committee was derived by
dividing anticipated expenses by expected salable tons of California
dried prunes. Production of dried prunes for the year is estimated at
161,500 salable tons which should provide $348,840 in assessment
income. Income derived from handler assessments, along with interest
income, would be adequate to cover budgeted expenses. The Committee is
authorized to use excess assessment funds from the 1997-98 crop year
(currently estimated at $48,255) for up to five months beyond the end
of the crop year to meet 1998-99 crop year expenses. At the end of the
five months, the Committee refunds or credits excess funds to handlers
(Sec. 993.81(c)).
The assessment rate established in this rule will continue in
effect indefinitely unless modified, suspended, or terminated by the
Secretary 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 the
Department. Committee meetings are open to the public and interested
persons may express their views at these meetings. The Department 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
1998-99 budget and those for subsequent crop years will be reviewed
and, as appropriate, approved by the Department.
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. Thus, both statutes have small
entity orientation and compatibility.
There are approximately 1,400 producers of dried prunes in the
production area and approximately 19 handlers subject to regulation
under the marketing order. Small agricultural producers have been
defined by the Small Business Administration (13 CFR 121.601) as those
having annual receipts less than $500,000, and small agricultural
service firms are defined as those whose annual receipts are less than
$5,000,000.
Last year, 7 of the 19 handlers (37%) shipped over $5,000,000 of
dried prunes and could be considered large handlers by the Small
Business Administration. Twelve of the 19 handlers (63%) shipped under
$5,000,000 of dried prunes and could be considered small handlers. An
estimated 110 producers, or less than 8% of the 1,400 total producers,
would be considered large growers with annual income over $500,000. The
majority of handlers and producers of California dried prunes may be
classified as small entities.
This rule increases the assessment rate established for the
Committee and collected from handlers for the 1998-99 and subsequent
crop years from $1.60 per ton to $2.16 per ton of salable dried prunes.
The Committee unanimously recommended 1998-99 expenditures of $348,840
and an assessment rate of $2.16 per ton. The assessment rate of $2.16
is $0.56 higher than the 1997-98 rate. The quantity of assessable dried
prunes for the 1998-99 crop year is estimated at 161,500 salable tons.
Thus, the $2.16 rate should provide $348,840 in assessment income and
be adequate to meet this year's expenses. Interest income also will be
available to cover budgeted expenses if the 1998-99 expected income
falls short.
The following table compares major budget expenditures (in
thousands of dollars) recommended by the Committee for the 1998-99 and
1997-98 crop years:
------------------------------------------------------------------------
Budget expense categories 1998-99 1997-98
------------------------------------------------------------------------
Salaries, Wages & Benefits.................. 191.5 176.3
Research & Development...................... 30 30
Office Rent................................. 23 23
Travel...................................... 21 21
Acreage Survey.............................. 21 20
Reserve (Contingencies)..................... 9.14 8.06
Equipment Rental............................ 9 9
Data Processing............................. 8 8
Stationary & Printing....................... 5.5 5
Office Supplies............................. 5 5
Postage & Messenger......................... 5 5
------------------------------------------------------------------------
Because of unusually cool and wet weather this season, the 1998-99
dried prune crop is expected to be composed of a higher proportion of
small, lower quality fruit. The California Agricultural Statistical
Service estimates a 170,000 ton crop during the 1998-99 crop year, of
which 8,500 tons are not expected to be salable because of size or
quality, leaving a balance of 161,500 salable tons.
The Committee reviewed and unanimously recommended 1998-99
expenditures of $348,840 which included increases in administrative and
office salaries and operating expenses. Prior to arriving at the 1998-
99 budget, the Committee reviewed a budget that did not reflect any
salary increases. Despite the expected reduced size of the crop, it
recommended salary increases, thus increasing the budget. The
assessment rate of $2.16 per ton of salable dried prunes was then
determined by dividing the total recommended budget by the quantity of
salable dried prunes, estimated at 161,500 salable tons for the 1998-99
crop year. The Committee is authorized to use excess assessment funds
from the 1997-98 crop year (currently estimated at $48,255) for up to
five months beyond the end of the crop year to fund 1998-99 crop year
expenses. At the end of the five months, the Committee refunds or
credits excess funds to handlers (Sec. 993.81(c)).
[[Page 52961]]
Recent price information indicates that the grower price for the
1998-99 season should average $800 per salable ton of dried prunes.
Based on estimated shipments of 161,500 salable tons, the estimated
assessment revenue for the 1998-99 crop year is expected to be less
than 1 percent of the total expected grower revenue.
This action increases the assessment obligation imposed on
handlers. While assessments impose some additional costs on handlers,
the costs are minimal and uniform on all handlers. Some of the
additional costs may be passed on to producers. However, these costs
are offset by the benefits derived by the operation of the marketing
order. 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,
1998, meeting was a public meeting and all entities, both large and
small, were able to express views on this issue.
This rule 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.
The Department has not identified any relevant Federal rules that
duplicate, overlap, or conflict with this rule.
A proposed rule concerning this action was published in the Federal
Register on August 7, 1998 (63 FR 42284). Copies of the proposed rule
were also mailed or sent via facsimile to all dried prune handlers.
Finally, the proposal was made available through the Internet by the
Office of the Federal Register. A 30-day comment period ending
September 8, 1998, was provided for interested persons to respond to
the proposal. No comments were received.
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 that good
cause exists for not postponing the effective date of this rule until
30 days after publication in the Federal Register because the 1998-99
crop year began on August 1, 1998, and the marketing order requires
that the rate of assessment for each crop year apply to all assessable
dried prunes handled during such year. Moreover, the Committee needs to
have sufficient funds to pay its expenses which are incurred on a
continuous basis. Further, handlers are aware of this rule which was
recommended at a public meeting. Also, a 30-day comment period was
provided for in the proposed rule, and no comments were received.
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:
Sec. 993.347 Assessment rate.
On and after August 1, 1998, an assessment rate of $2.16 per ton is
established for California dried prunes.
Dated: September 25, 1998.
Robert C. Keeney,
Deputy Administrator, Fruit and Vegetable Programs.
[FR Doc. 98-26479 Filed 10-1-98; 8:45 am]
BILLING CODE 3410-02-P