Sunteți pe pagina 1din 4

43270 Federal Register / Vol. 70, No.

143 / Wednesday, July 27, 2005 / Rules and Regulations

reconsideration and are administratively (e) Decisions appealable under this pound assessment, 60 percent (or $0.018
final. part are final unless review options per pound) will be available as credit-
available under this part or part 11 are back for handlers who conduct their
§ 780.13 Verbatim transcripts. timely exercised. own promotional activities. The Board
(a) Appellants and their (1) Whenever the final date for any locally administers the marketing order
representatives are precluded from requirement of this part falls on a which regulates the handling of
making any electronic recording of any Saturday, Sunday, Federal holiday, or almonds grown in California.
portion of a hearing or other proceeding other day on which the pertinent FSA Authorization to assess almond
conducted in accordance with this part. office is not open for the transaction of handlers enables the Board to incur
Appellants interested in obtaining an business during normal working hours, expenses that are reasonable and
official recording of a hearing or other the time for submission of a request will necessary to administer the program.
proceeding may request a verbatim be extended to the close of business on The crop year begins August 1 and ends
transcript in accordance with paragraph the next working day. July 31. The assessment rate will remain
(b) of this section. (2) The date when an adverse decision in effect indefinitely unless modified,
(b) Any party to an appeal or request or other notice pursuant to these rules suspended, or terminated.
for reconsideration under this part may is deemed received is the earlier of EFFECTIVE DATE: July 28, 2005.
request that a verbatim transcript be physical delivery by hand, by facsimile FOR FURTHER INFORMATION CONTACT:
made of the hearing proceedings and with electronic confirmation of receipt, California Marketing Field Office,
that such transcript be made the official actual stamped record of receipt on a Marketing Order Administration
record of the hearing. The party transmitted document, or 7 calendar Branch, Fruit and Vegetable Programs,
requesting a verbatim transcript shall days following deposit for delivery by AMS, USDA, Telephone: (559) 487–
pay for the transcription service, regular mail. 5901, Fax: (559) 487–5906; or George
provide a copy of the transcript to FSA Kelhart, Technical Advisor, Marketing
free of charge, and allow any other party § 780.16 Implementation of final agency
decisions. Order Administration Branch, Fruit and
in the proceeding desiring to purchase Vegetable Programs, AMS, USDA, 1400
a copy of the transcript to order it from To the extent practicable, no later
than 30 calendar days after an agency Independence Avenue SW., STOP 0237,
the transcription service. Washington, DC 20250–0237;
decision becomes a final administrative
§ 780.14 [Reserved] decision of USDA, FSA will implement Telephone: (202) 720–2491, Fax: (202)
the decision. 720–8938.
§ 780.15 Time limitations. Small businesses may request
(a) To the extent practicable, no later § 780.17 Judicial review. information on complying with this
than 10 business days after an agency (a) Decisions of the Administrator in regulation by contacting Jay Guerber,
decision maker renders an adverse appeals under this part from Agriculture Marketing Order Administration
decision that affects a participant, FSA Foreign Investment Disclosure Act Branch, Fruit and Vegetable Programs,
will provide the participant written penalties are administratively final AMS, USDA, 1400 Independence
notice of the adverse decision and decisions of USDA. Avenue SW., STOP 0237, Washington,
available appeal rights. (b) The decision of a State Executive DC 20250–0237; Telephone: (202) 720–
(b) A participant requesting an Director or State Conservationist on 2491, Fax: (202) 720–8938, or E-mail:
appealability review by the State equitable relief made under § 718.307 of Jay.Guerber@usda.gov.
Executive Director of an agency decision this title is administratively final and SUPPLEMENTARY INFORMATION: This rule
made at the county, area, district or also not subject to judicial review. is issued under Marketing Order No.
State level that is otherwise determined Signed at Washington, DC, on July 7, 2005. 981, as amended (7 CFR part 981),
by FSA not to be appealable must regulating the handling of almonds
James R. Little,
submit a written request for an grown in California, hereinafter referred
Administrator, Farm Service Agency.
appealability review to the State to as the ‘‘order.’’ The order is effective
Executive Director that is received no [FR Doc. 05–14767 Filed 7–26–05; 8:45 am]
under the Agricultural Marketing
later than 30 calendar days from the BILLING CODE 3410–05–P
Agreement Act of 1937, as amended (7
date a participant receives written U.S.C. 601–674), hereinafter referred to
notice of the decision. as the ‘‘Act.’’
(c) A participant requesting DEPARTMENT OF AGRICULTURE
The Department of Agriculture
reconsideration, mediation or appeal Agricultural Marketing Service (USDA) is issuing this rule in
must submit a written request as conformance with Executive Order
instructed in the notice of decision that 7 CFR Part 981 12866.
is received no later than 30 calendar This rule has been reviewed under
days from the date a participant receives [Docket No. FV05–981–2 FR] Executive Order 12988, Civil Justice
written notice of the decision. Reform. Under the marketing order now
(d) Notwithstanding the time limits in Almonds Grown in California; in effect, California almond handlers are
paragraphs (b) and (c) of this section, a Increased Assessment Rate subject to assessments. Funds to
request for an appealability review, AGENCY: Agricultural Marketing Service, administer the order are derived from
reconsideration, or appeal may be USDA. such assessments. It is intended that the
accepted if, in the judgment of the ACTION: Final rule. assessment rate will be applicable to all
reviewing authority with whom such assessable almonds beginning August 1,
request is filed, exceptional SUMMARY: This rule increases the 2005, and continue until amended,
circumstances warrant such action. A assessment rate established for the suspended, or terminated. This rule will
participant does not have the right to Almond Board of California (Board) for not preempt any State or local laws,
see an exception under this paragraph. the 2005–06 and subsequent crop years regulations, or policies, unless they
FSA’s refusal to accept an untimely from $0.025 to $0.030 per pound of present an irreconcilable conflict with
request is not appealable. almonds received. Of the $0.030 per this rule.

VerDate jul<14>2003 18:34 Jul 26, 2005 Jkt 205001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\27JYR1.SGM 27JYR1
Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Rules and Regulations 43271

The Act provides that administrative than the 2004–05 credit-back portion estimated assessment revenue of
proceedings must be exhausted before currently in effect. $9,792,000 from all handlers, and an
parties may file suit in court. Under The major expenditures additional $9,180,000 from those
section 608c(15)(A) of the Act, any recommended by the Board for the handlers who do not participate in the
handler subject to an order may file 2005–06 crop year include $15,423,000 credit-back program, for a total of
with USDA a petition stating that the for domestic advertising, market $18,972,000. In addition, it is
order, any provision of the order, or any research, and public relations; anticipated that $10,851,797 will be
obligation imposed in connection with $4,920,000 for operational expenses; provided by other sources, including
the order is not in accordance with law $4,873,000 for international public interest income, MAP funds, grant
and request a modification of the order relations and other promotion and funds, miscellaneous income, and
or to be exempted therefrom. Such education programs, including a Market reserve/carryover funds. When
handler is afforded the opportunity for Access Program (MAP) administered by combined, revenue from these sources
a hearing on the petition. After the USDA’s Foreign Agricultural Service should be adequate to cover budgeted
hearing USDA would rule on the (FAS); $1,200,000 for nutrition research; expenses. Any unexpended funds from
petition. The Act provides that the $850,000 for production research; the 2005–06 crop year may be carried
district court of the United States in any $830,000 for food quality programs; and over to cover expenses during the
district in which the handler is an $500,000 for environmental research, succeeding crop year. Funds in the
inhabitant, or has his or her principal plus other minor sums. Budgeted reserve at the end of the 2005–06 crop
place of business, has jurisdiction to expenses for these items in 2004–05 year are estimated to be approximately
review USDA’s ruling on the petition, were $12,540,000 for domestic $1.1 million which would be within the
provided an action is filed not later than advertising, market research, and public amount permitted by the order.
20 days after the date of the entry of the relations; $3,611,981 for operational The assessment rate will continue in
ruling. expenses; $4,340,000 for international effect indefinitely unless modified,
This rule increases the assessment public relations and other promotion suspended, or terminated by USDA
rate established for the Board for the and education programs, including a upon recommendation and information
2005–06 and subsequent crop years MAP administered by USDA’s FAS; submitted by the Board or other
from $0.025 to $0.030 per pound of $1,200,000 for nutrition research; available information.
almonds received. Of the $0.030 per $947,321 for production research;
Although this assessment rate will be
pound assessment, 60 percent (or $0.018 $858,000 for food quality programs; and
in effect for an indefinite period, the
per pound) will be available as credit- $460,042 for environmental research,
Board will continue to meet prior to or
back for handlers who conduct their plus other minor sums.
The Board recommended increasing during each crop year to recommend a
own promotional activities. budget of expenses and consider
the assessment rate from $0.025 per
The order provides authority for the pound to $0.030 per pound of almonds recommendations for modification of
Board, with the approval of USDA, to handled. Of the $0.030 per pound the assessment rate. The dates and times
formulate an annual budget of expenses assessment, 60 percent (or $0.018 per of Board meetings are available from the
and collect assessments from handlers pound) will be available as credit-back Board or USDA. Board meetings are
to administer the program. The for handlers who conduct their own open to the public and interested
members of the Board are producers and promotional activities consistent with persons may express their views at these
handlers of California almonds. They § 981.441 of the order’s regulations and meetings. USDA will evaluate Board
are familiar with the Board’s needs and subject to Board approval. The recommendations and other available
with the costs for goods and services in increased assessment rate is needed information to determine whether
their local area and are thus in a because the 2005–06 crop is projected at modification of the assessment rate is
position to formulate an appropriate 816 million pounds of assessable needed. Further rulemaking would be
budget and assessment rate. The almonds, down from the 1.0368 billion undertaken as necessary. The Board’s
assessment rate is formulated and pound 2004–05 crop, and projected 2005–06 budget and those for
discussed in a public meeting. Thus, all assessment revenue will likely be subsequent crop years will be reviewed
directly affected persons have an reduced. The increased rate should and, as appropriate, approved by USDA.
opportunity to participate and provide generate adequate revenue to fund the
input. Final Regulatory Flexibility Analysis
Board’s 2005–06 budgeted expenses and
For the 2004–05 and subsequent crop to maintain a small financial reserve. Pursuant to requirements set forth in
years, the Board recommended, and Section 981.81(c) authorizes a financial the Regulatory Flexibility Act (RFA), the
USDA approved, an assessment rate that reserve of approximately one-half year’s Agricultural Marketing Service (AMS)
would continue in effect from crop year budgeted expenses. One-half of the has considered the economic impact of
to crop year unless modified, 2005–06 crop year’s budgeted expenses this rule on small entities. Accordingly,
suspended, or terminated by USDA of $28,756,000 equals $14,378,000. The AMS has prepared this final regulatory
upon recommendation and information Board’s financial reserve at the end of flexibility analysis.
submitted by the Board or other the 2005–06 crop year is projected to be The purpose of the RFA is to fit
information available to USDA. $1.1 million which is well within the regulatory actions to the scale of
The Board met on May 12, 2005, and authorized reserve. business subject to such actions in order
unanimously recommended 2005–06 The assessment rate recommended by that small businesses will not be unduly
expenditures of $28,756,000. In the Board was derived by considering or disproportionately burdened.
comparison, last year’s budgeted anticipated expenses and production Marketing orders issued pursuant to the
expenditures were $24,077,344. The levels of California almonds, and Act, and the rules issued thereunder, are
recommended assessment rate of $0.030 additional pertinent factors. In its unique in that they are brought about
is $0.005 higher than the rate in effect recommendation, the Board utilized an through group action of essentially
for the 2004–05 crop year, and the estimate of 816 million pounds of small entities acting on their own
credit-back portion of the assessment assessable almonds for the 2005–06 crop behalf. Thus, both statutes have small
rate ($0.018 per pound) is $0.004 more year. If realized, this will provide entity orientation and compatibility.

VerDate jul<14>2003 18:34 Jul 26, 2005 Jkt 205001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\27JYR1.SGM 27JYR1
43272 Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Rules and Regulations

There are approximately 6,000 reserve at the end of 2005–06 should be by the operation of the marketing order.
producers of almonds in the production $1,137,797 which would be within the In addition, the Board’s meeting was
area and approximately 115 handlers maximum permitted under the order. widely publicized throughout the
subject to regulation under the order. The major expenditures California almond industry and all
Small agricultural producers are defined recommended by the Board for the interested persons were invited to
by the Small Business Administration 2005–06 crop year include $15,423,000 attend the meeting and participate in
(13 CFR 121.201) as those having annual for domestic advertising, market Board deliberations on all issues. Like
receipts of less than $750,000, and small research, and public relations; all Board meetings, the May 12, 2005,
agricultural service firms are defined as $4,920,000 for operational expenses; meeting was a public meeting and all
those whose annual receipts are less $4,873,000 for international public entities, both large and small, were able
than $6,000,000. relations and other promotion and to express views on this issue. Finally,
Data for the most recently completed education programs, including a MAP interested persons are invited to submit
crop year indicates that about 48 administered by USDA’s FAS; information on the regulatory and
percent of the handlers shipped over $1,200,000 for nutrition research; informational impacts of this action on
$6,000,000 worth of almonds and about $850,000 for production research; small businesses.
52 percent of handlers shipped under $830,000 for food quality programs; and This rule imposes no additional
$6,000,000 worth of almonds. In $500,000 for environmental research, reporting or recordkeeping requirements
addition, based on production and plus other minor sums. Budgeted on either small or large California
grower price data reported by the expenses for these items in 2004–05 almond handlers. As with all Federal
California Agricultural Statistics Service were $12,540,000 for domestic marketing order programs, reports and
(CASS), and the total number of almond advertising, market research, and public forms are periodically reviewed to
growers, the average annual grower relations; $3,611,981 for operational reduce information requirements and
revenue is estimated to be expenses; $4,340,000 for international duplication by industry and public
approximately $261,248. Based on the public relations and other promotion sector agencies.
foregoing, the majority of handlers and and education programs, including a USDA has not identified any relevant
producers of almonds may be classified MAP administered by USDA’s FAS; Federal rules that duplicate, overlap, or
as small entities. $1,200,000 for nutrition research; conflict with this rule.
This rule increases the assessment $947,321 for production research; A proposed rule concerning this
rate established for the Board and $858,000 for food quality programs; and action was published in the Federal
collected from handlers for the 2005–06 $460,042 for environmental research, Register on June 17, 2005 (70 FR 35182).
and subsequent crop years from $0.025 plus other minor sums. Copies of the proposed rule were also
to $0.030 per pound of almonds. Of the The Board considered alternative mailed or sent via facsimile to all
$0.030 per pound assessment, 60 assessment rate levels, including the almond handlers. Finally, the proposal
percent (or $0.018 per pound) will be portion available for handler credit- was made available through the Internet
available as credit-back for handlers back. After deliberating the issue, the by USDA and the Office of the Federal
who conduct their own promotional Board recommended increasing the Register. A 10-day comment period
activities consistent with § 981.441 of assessment rate to $0.030 per pound, ending June 27, 2005, was provided for
the order’s regulations and subject to with 60 percent (or $0.018 per pound) interested persons to respond to the
Board approval. available for handler credit-back. In proposal. A comment was received that
The Board met on May 12, 2005, and arriving at its budget, the Board supported the proposal, while another
unanimously recommended 2005–06 considered information from its various response was not relevant to the
expenditures of $28,756,000 and an committees. Alternative expenditure proposal. Accordingly, no changes were
assessment rate of $0.030 per pound. Of levels were discussed by these groups, made to the rule, based on the
the $0.030 per pound assessment, 60 based on the value of various activities comments received.
percent (or $0.018 per pound) will be to the industry. The committees A small business guide on complying
available as credit-back for handlers ultimately recommended appropriate with fruit, vegetable, and specialty crop
who conduct their own promotional activities and funding levels, which marketing agreements and orders may
activities. The assessment rate of $0.030 were adopted by the Board. be viewed at: http://www.ams.usda.gov/
will be $0.005 higher than the current A review of historical information and fv/moab.html. Any questions about the
rate, and the credit-back portion of preliminary information pertaining to compliance guide should be sent to Jay
$0.018 per pound will be $0.004 more the upcoming crop year indicates that Guerber at the previously mentioned
than the 2004–05 credit-back portion. the average grower price for the 2005– address in the FOR FURTHER INFORMATION
The quantity of assessable almonds for 06 season could range between $3.00 CONTACT section.
the 2005–06 crop year is estimated at and $3.50 per pound of almonds. After consideration of all relevant
816,000,000 pounds. The assessment Therefore, the estimated assessment material presented, including the
rate will provide estimated assessment revenue for the 2005–06 crop year information and recommendation
revenue of $9,792,000 from all handlers, (disregarding any amounts credited submitted by the Board and other
and an additional $9,180,000 from those pursuant to §§ 981.41 and 981.441) as a available information, it is hereby found
handlers who do not participate in the percentage of total grower revenue that this rule, as hereinafter set forth,
credit-back program, for a total of could range between 1.00 and 0.86 will tend to effectuate the declared
$18,972,000. In addition, it is percent, respectively. policy of the Act.
anticipated that $10,851,797 will be This action increases the assessment Pursuant to 5 U.S.C. 553, it is also
provided by other sources, including obligation imposed on handlers. While found and determined that good cause
interest income, MAP funds, grant assessments impose some additional exists for not postponing the effective
funds, miscellaneous income, and costs on handlers, the costs are minimal date of this rule until 30 days after
reserve/carryover funds. When and uniform on all handlers. Some of publication in the Federal Register
combined, revenue from these sources the additional costs may be passed on because: (1) The 2005–06 crop year
should be adequate to cover budgeted to producers. However, these costs begins on August 1, 2005, and the order
expenses. The projected financial would be offset by the benefits derived requires that the rate of assessment for

VerDate jul<14>2003 18:34 Jul 26, 2005 Jkt 205001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\27JYR1.SGM 27JYR1
Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Rules and Regulations 43273

each crop year apply to all assessable preamble of the special conditions in summarizing each substantive public
almonds handled during such crop year; the reference to the docket number. The contact with FAA personnel concerning
(2) the Board needs to have sufficient correct document number appears in the this rulemaking will be filed in the
funds to pay its expenses which are addresses section in one place; however, docket. Commenters wishing the FAA to
incurred on a continuous basis; (3) the docket number is incorrect in the acknowledge receipt of their comments
handlers are aware of this action which heading, in one other location in the submitted in response to this notice
was unanimously recommended by the address, and in the ‘‘Comments Invited’’ must include a self-addressed, stamped
Board at a public meeting and is similar section. This document contains a postcard on which the following
to other assessment rate actions issued correction to the docket number. statement is made: ‘‘Comments to
in past years; and (4) a 10-day comment DATES: The effective date of these Docket No. CE229.’’ The postcard will
period was provided for in the proposed special conditions is June 15, 2005. be date stamped and returned to the
rule. Comments must be received on or commenter.
List of Subjects in 7 CFR Part 981 before July 22, 2005. Issued in Kansas City, Missouri on July 14,
ADDRESSES: Comments may be mailed 2005.
Almonds, Marketing agreements,
in duplicate to: Federal Aviation John Colomy,
Reporting and recordkeeping
Administration, Regional Counsel, Acting Manager, Small Airplane Directorate,
requirements.
ACE–7, Attention: Rules Docket Clerk, Aircraft Certification Service.
■ For the reasons set forth in the Docket No. CE229, Room 506, 901 [FR Doc. 05–14763 Filed 7–26–05; 8:45 am]
preamble, 7 CFR part 981 is amended as Locust, Kansas City, Missouri 64106. All BILLING CODE 4910–13–P
follows: comments must be marked: Docket No.
CE229. Comments may be inspected in
PART 981—ALMONDS GROWN IN the Rules Docket weekdays, except
CALIFORNIA FEDERAL TRADE COMMISSION
Federal holidays, between 7:30 a.m. and
■ 1. The authority citation for 7 CFR part 4 p.m. 16 CFR Part 310
981 continues to read as follows: FOR FURTHER INFORMATION CONTACT: Wes RIN 3084–0098
Authority: 7 U.S.C. 601–674. Ryan, Aerospace Engineer, Standards
Office (ACE–110), Small Airplane Telemarketing Sales Rule Fees
■ 2. Section 981.343 is revised to read as Directorate, Aircraft Certification
follows: Service, Federal Aviation AGENCY: Federal Trade Commission.
Administration, 901 Locust, Room 301, ACTION: Final rule.
§ 981.343 Assessment rate.
Kansas City, Missouri 64106; telephone
On and after August 1, 2005, an SUMMARY: The Federal Trade
(816) 329–4127.
assessment rate of $0.030 per pound is Commission (the ‘‘Commission’’ or
SUPPLEMENTARY INFORMATION:
established for California almonds. Of ‘‘FTC’’) is issuing this Final Rule to
the $0.030 assessment rate, 60 percent Need for Correction amend the FTC’s Telemarketing Sales
per assessable pound is available for The FAA published a document on Rule (‘‘TSR’’) by revising the fees
handler credit-back. June 22, 2005 (70 FR 35985) that issued charged to entities accessing the
Dated: July 21, 2005. final special conditions with a request National Do Not Call Registry (‘‘the
for comments. In the document under Registry’’).
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing the heading, in the ‘‘Addresses’’ section, DATES: Effective date: The amendment
Service. and in the ‘‘Comments Invited’’ section, to § 310.8 (‘‘the Fee Rule’’) will become
[FR Doc. 05–14770 Filed 7–26–05; 8:45 am] the docket number ‘‘229’’ appears. The effective September 1, 2005.
BILLING CODE 3410–02–P correct docket number is ‘‘CE229.’’ This ADDRESSES: Requests for copies of this
document corrects that error. Final Fee Rule should be sent to: Public
Correction of Publication Reference Branch, Federal Trade
DEPARTMENT OF TRANSPORTATION Commission, Room 130, 600
Accordingly, the preamble of the Pennsylvania Avenue, NW.,
Federal Aviation Administration special conditions is revised to remove Washington, DC 20580. The complete
the docket number ‘‘229’’ and to replace public record of this proceeding is also
14 CFR Part 23 it with ‘‘CE229’’ wherever it appears. available at that address, and on the
Comments Invited Internet at: http://www.ftc.gov/bcp/
[Docket No. CE229, Special Condition 23–
168–SC] rulemaking/tsr/tsrrulemaking/
Interested persons are invited to index.htm.
submit such written data, views, or
Special Conditions; Duncan Aviation arguments, as they may desire. FOR FURTHER INFORMATION CONTACT:
Inc., EFIS on the Raytheon 300 King Communications should identify the David B. Robbins, (202) 326–3747,
Air; Protection of Systems for High regulatory docket or notice number and Division of Planning & Information,
Intensity Radiated Fields (HIRF) be submitted in duplicate to the address Bureau of Consumer Protection, Federal
AGENCY: Federal Aviation specified above. All communications Trade Commission, 600 Pennsylvania
Administration (FAA), DOT. received on or before the closing date Avenue, NW., Washington, DC 20580.
ACTION: Final special conditions; request for comments will be considered by the SUPPLEMENTARY INFORMATION: The
for comments; correction. Administrator. The special conditions amended rule increases the annual fee
may be changed in light of the for each area code of data to $56.00 per
SUMMARY: The FAA published a comments received. All comments area code, or $28.00 per area code of
document on June 22, 2005 concerning received will be available in the Rules data during the second six months of an
final special conditions for Duncan Docket for examination by interested entity’s annual subscription period. The
Aviation Inc., on the Raytheon Model persons, both before and after the maximum amount that would be
300 King Air. There was an error in the closing date for comments. A report charged to any single entity for

VerDate jul<14>2003 18:34 Jul 26, 2005 Jkt 205001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\27JYR1.SGM 27JYR1

S-ar putea să vă placă și