Unknown. Final rule
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/register/2005/12/29/05-24544A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2005-12-29.xml --- 70 249 Thursday, December 29, 2005 Contents Agricultural Agricultural Marketing Service RULES Prunes (dried) produced in— California, 76971-76973 05-24544 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Foreign Agricultural Service See Forest Service See Natural Resources Conservation Service Animal Animal and Plant Health Inspection Service PROPOSED RULES Plant-related quarantine, foreign:
Peppers from Korea, 77069-77073 E5-8028 Antitrust Antitrust Modernization Commission NOTICES Hearings, 77121 05-24566 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Medicare & Medicaid Services NOTICES Organization, functions, and authority delegations: Office of External Affairs et al., 77159-77168 E5-8073 Coast Guard Coast Guard NOTICES Agency information collection activities; proposals, submissions, and approvals, 77169-77170 E5-8085 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Comptroller Comptroller of the Currency NOTICES Reports and guidance documents; availability, etc.:
Nontraditional mortgage products; interagency guidance, 77249-77257 05-24562 Defense Defense Department See Navy Department NOTICES Arms sales notification; transmittal letter, etc., 77147-77150 05-24571 Meetings: Military Compensation Advisory Committee, 77150-77151 05-24572 Science Board task forces, 77151 05-24568 Women in Services Advisory Committee, 77151 05-24573 Privacy Act; systems of records, 77152-77153 05-24570 Drug Drug Enforcement Administration NOTICES Registration revocations, restrictions, denials, reinstatements:
Boehringer Ingelheim Chemical Inc., 77189 E5-8082 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.: Special education and rehabilitative services— Vocational Rehabilitation Services Projects for American Indians with Disabilities Program; correction, 77260 Z5-7721 Employment Employment Standards Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 77190 E5-8015 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air programs:
Stratospheric ozone protection— Class I ozone-depleting substances; allowance adjustments for export to Article 5 countries, 77042-77048 05-24606 Essential Class I ozone depleting substances; extension of global laboratory and analytical use exemption, 77048-77052 05-24612 Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: Indiana, 77026-77042 05-24542 PROPOSED RULES Air pollutants, hazardous; national emission standards:
Organic liquids distribution (non-gasoline), 77116-77117 E5-8039 Air programs: Fine particulate matter and ozone; interstate transport control measures Supplemental reconsideration notice, 77101-77113 05-24609 Air quality implementation plans; approval and promulgation; various States: Michigan, 77113-77116 E5-8036 NOTICES Agency information collection activities; proposals, submissions, and approvals, 77154-77155 E5-8038 Reports and guidance documents; availability, etc.: Ozone; review of national ambient air quality standards; policy assessment of scientific and technical information, 77155-77156 05-24608 Executive Executive Office of the President See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Air carrier certification and operations:
Service difficulty reports; withdrawn, 76974-76979 05-24536 Airworthiness directives: Airbus; correction, 76973-76974 05-24525 PROPOSED RULES Airworthiness directives: Honeywell International Inc., 77073-77075 E5-8019 Pratt & Whitney, 77075-77077 E5-8020 Commercial space transportation: Crew and space flight participants; human space flight requirements, 77262-77290 05-24555 FCC Federal Communications Commission RULES Common carrier services: Individuals with hearing and speech disabilities; telecommunications relay services and speech-to-speech services, 77052-77054 05-24620 Wireless telecommunications services— 71-76 GHz, 81-86 GHz, and 92-95 GHz bands allocations and service rules; effective date, 77054 05-24621 NOTICES Agency information collection activities; proposals, submissions, and approvals, 77156 05-24622 Meetings:
North American Numbering Council, 77156-77157 E5-8048 FDIC Federal Deposit Insurance Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 77157 E5-8002 Reports and guidance documents; availability, etc.: Nontraditional mortgage products; interagency guidance, 77249-77257 05-24562 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Natural gas companies (Natural Gas Act): Energy Policy Act of 2005; implementation— Underground storage facilities; rate regulation, 77079-77089 E5-8031 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 77157-77158 E5-8007 Ocean transportation intermediary licenses:
Attila Cargo Express, Inc., et al., 77158 E5-8008 Major Forwarding Co., Inc., et al., 77158 E5-8010 P.O.L. International Inc., et al., 77158-77159 E5-8009 Federal Reserve Federal Reserve System NOTICES Reports and guidance documents; availability, etc.: Nontraditional mortgage products; interagency guidance, 77249-77257 05-24562 FTC Federal Trade Commission PROPOSED RULES Rules and guides; regulatory review, 77077-77078 05-24613 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 77257-77258 05-24560 Surety and reinsuring companies:
Application and renewal fees, 77258 05-24561 Fish Fish and Wildlife Service NOTICES Environmental statements; notice of intent: Grand Bay National Wildlife Refuge, MS and AL; conservation plan, 77176-77177 05-24592 Meetings: American ginseng; harvest and export, 77177-77178 E5-8014 Food Food and Drug Administration NOTICES Grants and cooperative agreements; availability, etc.: Regulatory Project Managers Training Program, 77168-77169 E5-8017 MISSING FOR: Foreign Agricultural Service Foreign Agricultural Service NOTICES Adjustment assistance; applications, determinations, etc.:
Florida avocado producers, 77118 E5-8004 Forest Forest Service NOTICES Environmental statements; availability, etc.: Smoky Canyon Mine, ID; expansion project, 77181-77182 05-24630 Environmental statements; notice of intent: Caribou-Targhee National Forest, ID, 77118-77120 05-24574 Meetings: Eastern Washington Cascades Provincial and Yakima Provincial Advisory Committees; combined meeting, 77120 05-24591 Resource Advisory Committees— Fremont and Winema, 77120 05-24575 GSA General Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 77159 E5-8001 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration Homeland Homeland Security Department See Coast Guard See U.S.
Citizenship and Immigration Services Housing Housing and Urban Development Department RULES Practice and procedure: Applications for grants and other financial assistance; electronic submission, 77292-77294 05-24576 NOTICES Agency information collection activities; proposals, submissions, and approvals, 77174-77176 E5-8046 E5-8084 05-24578 Indian Indian Affairs Bureau NOTICES Energy rights-of-way on tribal lands; congressionally mandated study, 77178-77179 E5-8068 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service IRS Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 77258-77259 05-24564 International International Trade Administration NOTICES Antidumping:
Diamond sawblades and parts from— China, 77121-77135 05-24627 Korea, 77135-77144 E5-8091 Meetings: United States Travel and Tourism Promotion Advisory Board, 77145-77146 05-24594 *Applications, hearings, determinations, etc.:* University of— Texas, Medical Branch at Galveston, et al., 77145 E5-8093 Vermont et al., 77144-77145 E5-8092 Justice Justice Department See Drug Enforcement Administration NOTICES Pollution control; consent judgments: Cambridge-Lee Industries, LLC, et al., 77188-77189 05-24617 Detroit Diesel Corp., 77189 05-24616 Labor Labor Department See Employment Standards Administration See Labor Statistics Bureau See Occupational Safety and Health Administration NOTICES Secretary's orders; cancellations, etc, 77296 05-24590 Labor Labor Statistics Bureau NOTICES Committees; establishment, renewal, termination, etc.:
Labor Research Advisory Council, 77190-77191 E5-8016 Land Land Management Bureau NOTICES Alaska Native claims selection: Ahtna, Inc., et al., 77179-77180 E5-8027 Shumagin Corp., 77180 E5-8026 Committees; establishment, renewal, termination, etc.: California Desert District Advisory Council, 77180-77181 E5-8029 Environmental statements; availability, etc.: Smoky Canyon Mine, ID; expansion project, 77181-77182 05-24630 Meetings: Pinedale Anticline Working Group, 77182-77183 E5-8013 Realty actions; sales, leases, etc.:
Arizona, 77183-77184 E5-8030 Nevada, 77184-77186 E5-8024 Recreation management restrictions, etc.: Knolls Special Recreation Management Area, UT; supplementary rules, 77186-77188 E5-8023 Survey plat filings: Wyoming, 77188 E5-8025 Maritime Maritime Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, E5-8076 77241 E5-8077 Coastwise trade laws; administrative waivers: CAT’S MEOW, 77242 E5-8078 GRIN N BARRETT, 77242 E5-8079 HOPSCOTCH, 77242-77243 E5-8080 LANDFALL, 77243 E5-8083 ULTRA VIOLET, 77243-77244 E5-8081 National Archives National Archives and Records Administration NOTICES Agency records schedules; availability, 77191-77192 E5-7996 National Credit National Credit Union Administration NOTICES Reports and guidance documents; availability, etc.:
Nontraditional mortgage products; interagency guidance, 77249-77257 05-24562 National Foundation National Foundation on the Arts and the Humanities NOTICES Committees; establishment, renewal, termination, etc.: Humanities Panel, 77192-77193 E5-8012 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle defect proceedings; petitions, etc.: Ruh, Chris, et al.; petition denied, 77244-77245 E5-8072 Motor vehicle safety standards; exemption petitions, etc.:
G&K Automotive Conversion, Inc., 77245-77246 E5-8089 Gifford Bobcat Sales, 77246-77247 E5-8086 NOAA National Oceanic and Atmospheric Administration RULES Endangered and threatened species: Sea turtle conservation— Shrimp trawling; use limited tow times alternative to Turtle Excluder Devices in Federal waters from Florida/Alabama border, 77054-77057 05-24604 Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Bering Sea and Aleutian Islands groundfish, 77067-77068 05-24607 Caribbean, Gulf, and South Atlantic fisheries— Grouper, 77057-77060 05-24603 Northeastern United States fisheries— Summer flounder, scup and black sea bass, 77060-77067 05-24583 National Park National Park Service PROPOSED RULES Special regulations:
Cape Lookout National Seashore, NC; personal watercraft use, 77089-77101 E5-8003 National Science National Science Foundation NOTICES Agency information collection activities; proposals, submissions, and approvals, 77193-77194 05-24593 NRCS Natural Resources Conservation Service NOTICES Environmental statements; availability, etc.: Floating Marsh Creation Demonstration Project, LA, 77120-77121 E5-8005 Navy Navy Department NOTICES Privacy Act; systems of records, 77153-77154 05-24569 Nuclear Nuclear Regulatory Commission NOTICES Meetings:
Nuclear Waste Advisory Committee, 77197-77198 E5-8088 Reactor Safeguards Advisory Committee, 77198 E5-8090 *Applications, hearings, determinations, etc.:* Energy Department et al., 77194-77195 E5-8060 Nuclear Management Co., LLC, 77195 E5-8061 Westinghouse Electric Co., 77195-77197 E5-8062 Occupational Occupational Safety and Health Administration RULES Construction and occupational safety and health standards: Roll-over protective structures, 76979-77025 05-24462 Office of U.S.
Trade Office of United States Trade Representative See Trade Representative, Office of United States Patent Patent and Trademark Office NOTICES Agency information collection activities; proposals, submissions, and approvals, E5-8018 77146-77147 E5-8022 Pension Pension Benefit Guaranty Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 77198-77199 E5-8006 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 77247-77248 05-24632 Public Public Debt Bureau See Fiscal Service SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, E5-8050 77199-77201 E5-8058 E5-8065 Self-regulatory organizations; proposed rule changes:
American Stock Exchange LLC, 77204-77207 E5-8059 Boston Stock Exchange, Inc., 77207-77209 E5-8043 Chicago Board Options Exchange, Inc., 77209-77214 E5-8047 E5-8052 E5-8063 International Securities Exchange, Inc., 77214-77215 E5-8071 National Association of Securities Dealers, Inc., 77215-77228 E5-8042 E5-8064 E5-8069 New York Stock Exchange, Inc., 77228-77232 E5-8066 E5-8067 Pacific Exchange, Inc., 77232-77233 E5-8056 Philadelphia Stock Exchange, Inc., 77234-77235 E5-8070 *Applications, hearings, determinations, etc.:* Amerindo Funds, Inc. et al., 77201-77203 E5-8054 Charles Schwab Corp., 77203 E5-8049 Pioneer Kabushiki Kaisha, 77203-77204 E5-8057 Provident Energy Trust, 77204 E5-8051 SBA Small Business Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 77236 E5-7997 E5-8000 Disaster loan areas:
Alaska, 77236 E5-7999 Connecticut, 77236-77237 E5-7998 Interest rates; quarterly determinations, 77237 E5-8011 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Mohall Central Railroad, Inc., 77248-77249 E5-8087 Reading Blue Mountain & Northern Railroad Co., 77248 05-24513 Thrift Thrift Supervision Office NOTICES Reports and guidance documents; availability, etc.: Nontraditional mortgage products; interagency guidance, 77249-77257 05-24562 Trade Trade Representative, Office of United States NOTICES Generalized System of Preferences:
Competitive need limitations; import statistics, 77239-77240 E5-8075 Liberia; least developed beneficiary developing country designation, 77237-77239 E5-8021 Transportation Transportation Department See Federal Aviation Administration See Maritime Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Treasury Treasury Department See Comptroller of the Currency See Fiscal Service See Internal Revenue Service See Thrift Supervision Office MISSING FOR:
U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 05-24588 77170-77174 05-24589 05-24637 05-24638 Separate Parts In This Issue Part II Transportation Department, Federal Aviation Administration, 77262-77290 05-24555 Part III Housing and Urban Development Department, 77292-77294 05-24576 Part IV Labor Department, 77296 05-24590 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 70 249 Thursday, December 29, 2005 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 993 [Docket No. FV05-993-5 FIR] Dried Prunes Produced in California; Decreased Assessment Rate AGENCY:
Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: The Department of Agriculture
(USDA)is adopting, as a final rule, without change, an interim final rule which decreased the assessment rate established for the Prune Marketing Committee (committee) under Marketing Order No. 993 for the 2005-06 and subsequent crop years from $6.00 to $0.65 per ton of salable dried prunes. The committee locally administers 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: January 30, 2006. FOR FURTHER INFORMATION CONTACT: Toni Sasselli, Program Analyst, or Terry Vawter, Marketing Specialist, California Marketing Field Office, Fruit and Vegetable Programs, AMS, USDA; Telephone:
(559)487-5901, Fax
(559)487-5906; or George Kelhart, Technical Advisor, 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. Small businesses may request information on complying with this regulation by contacting Jay Guerber, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone:
(202)720-2491, Fax:
(202)720-8938, or E-mail: *Jay.Guerber@usda.gov.* SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Agreement No. 110 and Marketing Order No. 993, both as amended (7 CFR part 993), regulating the handling of dried prunes grown in California, hereinafter referred to as the “order.” The marketing agreement and order are effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” The Department of Agriculture
(USDA)is issuing this rule in conformance with Executive Order 12866. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the marketing order now in effect, California dried prune handlers are subject to assessments. Funds to administer the order are derived from such assessments. It is intended that the assessment rate as issued herein will be applicable to all assessable dried prunes beginning August 1, 2005, and continue until amended, suspended, or terminated. This rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. Such handler is afforded the opportunity for a hearing on the petition. After the hearing USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This rule continues in effect the action that decreased the assessment rate established for the committee for the 2005-06 and subsequent crop years from $6.00 to $0.65 per ton of salable dried prunes handled. The California dried prune marketing order provides authority for the committee, with the approval of USDA, to formulate an annual budget of expenses and collect assessments from handlers to administer the program. The members of the committee are producers 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 at least one public meeting. Thus, all directly affected persons have an opportunity to participate and provide input. For the 2004-05 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 terminate by USDA upon recommendation and information submitted by the committee or other information available to USDA. The committee met on June 30, 2005, and unanimously recommended a decreased assessment rate of $0.65 per ton of salable dried prunes and a decreased level of expenses for the 2005-06 crop year. The committee recommended a total budget of $89,090. The assessment rate of $0.65 per ton of salable dried prunes is $5.35 lower than the rate in effect prior to implementation of the interim final rule. The committee recommended a lower assessment rate based on an estimated production of 104,500 tons of salable dried prunes. The committee's expenses are being reduced significantly from the 2004-05 budget as the result of the August 1, 2005, suspension of the reporting and handling requirements under the order. The assessment rate of $0.65 per ton of salable dried prunes plus excess funds from the 2004-2005 crop year are expected to provide sufficient funds for the committee's reduced activities. In comparison, the actual expenditures for the 2004-05 crop year were $284,000 and the assessment rate was $6.00 per ton of salable prunes, based upon 47,203 salable tons. The following table compares the major budget expenditures recommended by the committee on June 30, 2005, and major budget expenditures in the 2004-05 budget. Budget expense categories 2004-05 2005-06 Total Personnel Salaries $208,335 $45,945 Total Operating Expenses 54,500 16,755 Reserve for Contingencies 21,165 26,390 The assessment rate recommended by the committee was derived by dividing anticipated expenses by the estimated salable tons of California dried prunes. Production of dried prunes for the year is estimated to be 104,500 salable tons, which should provide $67,925 in assessment income. Income derived from handler assessments plus excess funds from the 2004-2005 crop year should be adequate to cover budgeted expenses. The committee is authorized to use excess assessment funds from the 2004-05 crop year (currently estimated at $13,000) for up to 5 months beyond the end of the crop year to meet 2005-06 crop year expenses. At the end of the 5 months, the committee either refunds or credits excess funds to handlers (§ 993.81(c)). The assessment rate 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 would be undertaken as necessary. The committee's 2005-06 budget and those for subsequent crop years will be reviewed and, as appropriate, approved by USDA. 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. Thus, both statutes have small entity orientation and compatibility. There are approximately 1,100 producers of dried prunes in the production area and approximately 22 handlers subject to regulation under the marketing order. The Small Business Administration (13 CFR 121.201) defines small agricultural producers as those whose annual receipts are less than $750,000, and small agricultural service firms as those whose annual receipts are less than $6,000,000. Eight of the 22 handlers (36.4 percent) shipped over $6,000,000 of dried prunes and could be considered large handlers by the Small Business Administration. Fourteen of the 22 handlers (63.6 percent) shipped under $6,000,000 of dried prunes and could be considered small handlers. An estimated 32 producers, or less than 3 percent of the 1,100 total producers, would be considered large producers with annual incomes over $750,000. The majority of handlers and producers of California dried prunes may be classified as small entities. The producer price for the 2005-06 crop year is expected to average between $1,500 and $1,600 per ton of salable dried prunes. Based on an estimated 104,500 salable tons of dried prunes, assessment revenue as a percentage of producer prices during the 2005-06 crop year is expected to be between .041 and .043 percent. This rule continues in effect the action that decreased the assessment rate established for the committee and collected from handlers for the 2005-06 and subsequent crop years from $6.00 to $0.65 per ton of salable dried prunes. The committee unanimously recommended a 2005-06 total budget of $89,090 and a decreased assessment rate of $0.65 per ton of salable dried prunes at the meeting on June 30, 2005. The recommended budget of $89,090 is significantly reduced for the 2005-06 crop year as compared to previous crop years. The assessment rate of $0.65 per ton of salable dried prunes is $5.35 lower than the previous rate. The quantity of salable dried prunes for the 2005-06 crop year is now estimated at 104,500 salable tons. The following table compares the major budget expenditures recommended by the committee on June 30, 2005, and major budget expenditures in the 2004-05 budget. Budget expense categories 2004-05 2005-06 Total Personnel Salaries $208,335 $45,945 Total Operating Expenses 54,500 16,755 Reserve for Contingencies 21,165 26,390 Prior to arriving at its budget of $89,090, the committee considered information from various sources, such as the committee's Executive Subcommittee. An alternative to this action would be to continue with the $6.00 per ton assessment rate. However, an assessment rate of $0.65 per ton of salable dried prunes and excess funds from the 2004-2005 crop year will provide enough income is to fund the committee's reduced activities after the August 1, 2005, suspension of the handling and reporting requirements. Therefore, the Executive Subcommittee and committee agreed that $0.65 per ton of salable dried prunes is an acceptable assessment rate. The committee is authorized to use excess assessment funds from the 2004-05 crop year (currently estimated at $13,000) for up to 5 months beyond the end of the crop year to meet 2003-04 crop year expenses. At the end of the 5 months, the committee either refunds or credits excess funds to handlers (§ 993.81(c)). This action continues in effect the action that decreased 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 30, 2005, meeting was a public meeting and all entities, both large and small, were encouraged to express views on this issue. 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. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. An interim final rule concerning this action was published in the **Federal Register** on September 15, 2005. The committee staff mailed copies of the rule to all committee members, alternates, and prune handlers. In addition, the rule was made available through the Internet by the Office of the Federal Register and USDA. That rule provided for a 60-day comment period which ended November 14, 2005. Three comments were received. Two comments were not relevant to the rulemaking action, and one comment supported the reduced assessment rate for prunes. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: *http://www.ams.usda.gov/fv/moab/html.* Any questions about the compliance guide should be sent to Jay Guerber at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. After consideration of all relevant material presented, including the information and recommendation submitted by the committee and other available information, it is hereby found that this rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act. 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 Accordingly, the interim final rule amending 7 CFR part 993 which was published at 70 FR 54469 on September 15, 2005, is adopted as a final rule without change. Dated: December 22, 2005. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. 05-24544 Filed 12-28-05; 8:45 am]
Connectionstraces to 3
2 references not yet in our index
- 7 CFR 993
- 7 USC 601-674
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