Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Proposed Rules 71749

to the tart cherry industry due to the 

size of the 2004–2005 crop. Returns to 

growers would not cover their costs of 

production for this season which might 

cause some to go out of business. 

As mentioned earlier, the 

Department’s ‘‘Guidelines for Fruit, 

Vegetable, and Specialty Crop 

Marketing Orders’’ specify that 110 

percent of recent years’ sales should be 

made available to primary markets each 

season before recommendations for 

volume regulation are approved. The 

quantity available under this rule is 110 

percent of the quantity shipped in the 

prior three years. 

The free and restricted percentages 

established by this rule release the 

optimum supply and apply uniformly to 

all regulated handlers in the industry, 

regardless of size. There are no known 

additional costs incurred by small 

handlers that are not incurred by large 

handlers. The stabilizing effects of the 

percentages impact all handlers 

positively by helping them maintain 

and expand markets, despite seasonal 

supply fluctuations. Likewise, price 

stability positively impacts all 

producers by allowing them to better 

anticipate the revenues their tart 

cherries will generate. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this regulation.

While the benefits resulting from this 

rulemaking are difficult to quantify, the 

stabilizing effects of the volume 

regulations impact both small and large 

handlers positively by helping them 

maintain markets even though tart 

cherry supplies fluctuate widely from 

season to season. 

In compliance with Office of 

Management and Budget (OMB) 

regulations (5 CFR part 1320) which 

implement the Paperwork Reduction 

Act of 1995 (Pub. L. 104–13), the 

information collection and 

recordkeeping requirements under the 

tart cherry marketing order have been 

previously approved by OMB and 

assigned OMB Number 0581–0177. 

Reporting and recordkeeping burdens 

are necessary for compliance purposes 

and for developing statistical data for 

maintenance of the program. The forms 

require information which is readily 

available from handler records and 

which can be provided without data 

processing equipment or trained 

statistical staff. As with other, similar 

marketing order programs, reports and 

forms are periodically studied to reduce 

or eliminate duplicate information 

collection burdens by industry and 

public sector agencies. This rule would 

not change those requirements. 

A 30-day comment period is provided 

to allow interested persons to respond 

to this proposal. Thirty days is deemed 

appropriate because this rule would 

need to be in place as soon as possible 

since handlers are already shipping tart 

cherries from the 2004–2005 crop. All 

written comments timely received will 

be considered before a final 

determination is made on this matter.

List of Subjects in 7 CFR Part 930

Marketing agreements, Reporting and 

recordkeeping requirements, Tart 

cherries.

For the reasons set forth in the 

preamble, 7 CFR part 930 is proposed to 

be amended as follows:

PART 930—TART CHERRIES GROWN 

IN THE STATES OF MICHIGAN, NEW 

YORK, PENNSYLVANIA, OREGON, 

UTAH, WASHINGTON, AND 

WISCONSIN 

1. The authority citation for 7 CFR 

part 930 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. Section 930.254 is added to read as 

follows:

Note: This section will not appear in the 

annual Code of Federal Regulations.

§ 930.254 Final free and restricted 

percentages for the 2004–2005 crop year. 

The final percentages for tart cherries 

handled by handlers during the crop 

year beginning on July 1, 2004, which 

shall be free and restricted, respectively, 

are designated as follows: Free 

percentage, 72 percent and restricted 

percentage, 28 percent.

Dated: December 7, 2004. 

A.J. Yates, 

Administrator, Agricultural Marketing 

Service.

[FR Doc. 04–27161 Filed 12–9–04; 8:45 am] 

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service 

7 CFR Part 983 

[Docket No. FV04–983–2 PR] 

Pistachios Grown in California; 

Establishment of Continuing 

Assessment Rate and Reporting 

Requirements

AGENCY: Agricultural Marketing Service, 

USDA.

ACTION: Proposed rule.

SUMMARY: This rule would establish a 

continuing assessment rate for the 

Administrative Committee for 

Pistachios (Committee) for the 2004–05 

and subsequent fiscal periods of $0.0014 

per pound of pistachios received for 

processing and would establish 

reporting requirements under the 

California pistachio marketing order 

(order). The order regulates the handling 

of pistachios grown in California and is 

administered by the Committee. 

Authorization to assess pistachio 

handlers enables the Committee to incur 

expenses that are reasonable and 

necessary to administer the program. 

The fiscal period begins September 1 

and ends August 31. The assessment 

rate would remain in effect indefinitely 

unless modified, suspended, or 

terminated. Requiring handlers to file 

annual reports with the Committee 

would facilitate the Committee’s 

collection of handler assessments.

DATES: Comments must be received by 

February 8, 2005.

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; E-mail: 

moab.docketclerk@usda.gov; or Internet: 

http://www.regulations.gov. Comments 

should reference the docket 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: 

http://www.ams.usda.gov/fv/moab.html.

FOR FURTHER INFORMATION CONTACT: Toni 

Sasselli, Program Analyst, or Rose 

Aguayo, Marketing Specialist, California 

Marketing Field Office, Fruit and 

Vegetable Programs, AMS, USDA, 2202 

Monterey Street, suite 102B, Fresno, 

California 93721; 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.

71750 Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Proposed Rules 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Agreement 

and Order No. 983, regulating the 

handling of pistachios grown in 

California, hereinafter referred to as the 

‘‘order.’’ The order is effective under the 

Agricultural Marketing Agreement Act 

of 1937, as amended (7 U.S.C. 601–674), 

hereinafter referred to as the ‘‘Act.’’

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. Under the marketing order now 

in effect, pistachio handlers are subject 

to assessments. Funds to administer the 

order are derived from such 

assessments. It is intended that the 

assessment rate as proposed herein 

would be applicable to all assessable 

pistachios beginning September 1, 2004, 

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 would establish a 

continuing assessment rate for the 

Committee for the 2004–05 and 

subsequent fiscal periods of $0.0014 per 

pound of pistachios received for 

processing and would establish 

reporting requirements under the 

California pistachio order. The quantity 

of pistachios received by the handler for 

processing is converted to an assessed 

weight pursuant to § 983.6 and the 

assessment rate is applied to that weight 

in determining a handler’s assessment 

obligation for the fiscal period. 

Requiring handlers to file annual 

Receipts/Assessment Reports with the 

Committee would facilitate the 

Committee’s collection of handler 

assessments. 

Continuing Assessment Rate 

Sections 983.52 and 983.53 of the 

pistachio order provide authority for the 

Committee, with the approval of USDA, 

to formulate an annual budget of 

expenses and to collect assessments 

from handlers to administer the 

marketing order. Each handler who 

receives pistachios for processing in 

each production year (fiscal year) is 

required to pay an assessment based on 

the pro rata share of the expenses 

authorized by USDA which are 

reasonable and likely to be incurred by 

the Committee during that year. The 

assessment obligation for each handler 

is computed by applying the assessment 

rate set by USDA to each handler’s 

assessed weight computed pursuant to 

§ 983.6 of the pistachio order. 

The members of the Committee are 

producers and handlers of California 

pistachios. They are familiar with the 

Committee 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. 

The Committee met on August 17, 

2004, and unanimously recommended 

2004–05 expenditures of $271,499 and 

an assessment rate of $0.0014 per pound 

of pistachios received for processing. 

This was the first public meeting of the 

newly formed Committee since the 

pistachio marketing order became 

effective on April 6, 2004 (69 FR 17944). 

The major expenditures recommended 

by the Committee for the 2004–05 fiscal 

period include $ 110,249 for 

administrative expenses; $34,500 for 

compliance expenses; $101,750 for 

salaries; and $25,000 for a contingency 

reserve. 

Because this is a new order and there 

is no carry-in income, the Committee is 

borrowing funds from the California 

Pistachio Commission (Commission) 

until assessments are collected in March 

2005. The Committee discussed the 

necessity of setting a relatively high 

assessment rate for the 2004–05 fiscal 

period because it is necessary to 

generate sufficient funds to reimburse 

the Commission, to cover the 

Committee’s 2004–05 expenditures, and 

to build an adequate reserve to cover 

Committee expenditures until the 2005–

06 fiscal period’s assessments are 

available in December 2005.

The assessment rate recommended by 

the Committee was derived by dividing 

anticipated expenses plus funds to 

establish a reserve by expected receipts 

(the assessed weight) of pistachios 

grown in California during 2004–05 

($271,499 plus $190,501 divided by 

330,000,000 pounds = $0.0014. With 

pistachio receipts for the year estimated 

at 330,000,000 pounds, assessment 

income is expected to total of $462,000. 

The Committee may carry over excess 

funds into subsequent production years 

(fiscal years) as a reserve, provided that 

funds already in the reserve do not 

exceed approximately two production 

years’ budgeted expenses. In the event 

that funds exceed two production years’

budgeted expenses, future assessments 

would be reduced to bring the reserves 

to an amount that is less than or equal 

to two production years’ budgeted 

expenses (§ 983.56). Funds in the 

reserve would be kept within the 

maximum permitted by the order. 

Under § 983.53 the Committee, prior 

to the beginning of each production 

year, shall recommend and the 

Secretary shall set the assessment for 

the following production year, which 

shall not exceed one-half of one percent 

of the average price received by 

producers in the preceding production 

year. According to the Commission’s 

Annual Report for the 2003–04 crop 

year, the average price received by 

producers was $1.15 per pound. One 

half of one percent equals $0.005. 

Taking ($0.005) × ($1.15) = $0.00575 for 

the maximum assessment rate allowed. 

The rates considered by the Committee 

ranged from $0.001 to $0.0014. The 

recommended assessment rate of 

$0.0014 is less than the maximum 

provided for in the order. 

The proposed assessment rate would 

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 would 

be in effect for an indefinite period, the 

Committee would continue to meet 

prior to or during each fiscal period 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 would 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 2004–05 budget and those 

Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Proposed Rules 71751

for subsequent fiscal periods would be 

reviewed and, as appropriate, approved 

by USDA. 

Reporting Requirements 

Section 983.47 of the pistachio order 

provides authority for establishing 

reporting requirements. Under the 

order, the Committee may, with the 

approval of the Secretary, establish 

reporting requirements to collect 

necessary information or data. 

At its first meeting, the Committee 

also unanimously recommended that 

handlers file a Receipts/Assessment 

Report with the Committee to facilitate 

the Committee’s collection of handler 

assessments. 

Handlers, including custom hullers, 

who receive pistachios for processing 

(removal of green hulls and drying 

pistachios to 5 percent moisture), would 

be required to pay an assessment 

attributable to the assessed weight of 

pistachios received by that handler and 

to report that assessed weight to the 

Committee on the Receipts/Assessment 

Form. Pursuant to § 983.6 of the order, 

the term ‘‘assessed weight’’ means the 

pounds of inshell pistachios, free of 

internal defects as defined in 

§ 983.39(b)(4) and (5), with the weight 

computed at 5 percent moisture, 

received for processing by a handler 

within each production year: Provided,

That for loose kernels, the actual weight 

shall be multiplied by two to obtain an 

inshell weight.

A final order published on July 26, 

2004, (69 FR 44460), delayed the 

implementation date for § 983.39(b)(4) 

and (5), of the order until February 1, 

2005. Therefore, for the 2004–05 fiscal 

period, each handler who receives 

pistachios for processing would be 

required to furnish the Receipts/

Assessment Report to the Committee 

and pay all due assessments to the 

Committee by March 15, 2005. For 

subsequent fiscal periods, each handler 

who receives pistachios for processing 

would be required to furnish the 

Receipts/Assessment Report and pay all 

due assessments to the Committee by 

December 15 of the applicable fiscal 

period. 

The recommended reporting 

requirements are similar to those 

required by the Commission. Because 

the Commission is prohibited from 

sharing confidential handler 

information, the Committee 

recommended that a Receipt/

Assessment Report be developed for 

Committee use and that the receipts 

information already compiled for the 

Commission be attached to the newly 

developed Committee form. Thus, 

handlers would not be duplicating their 

efforts and both agencies would receive 

necessary receipts/assessment data. The 

Committee estimates this action would 

affect 20 handlers of pistachios and 

further estimates that, on average, 

handlers would expend approximately 4 

minutes per year to prepare and submit 

this report to the Committee. These 

actions are in the interest of producers 

and handlers. Detailed information on 

these burdens is contained in the 

Paperwork Reduction Act section of this 

document. 

Assessment Collection 

To facilitate assessment collections 

under the order, the Committee 

unanimously recommended establishing 

§ 983.253. This section sets the 

continuing assessment rate and 

establishes the reporting requirements 

necessary to verify that each handler has 

paid the correct assessment. Section 

925.253 would read as follows: 

‘‘§ 983.253 Assessment rate. (a) On and 

after September 1, 2004, an assessment 

rate of $0.0014 per pound of pistachios 

received for processing is established for 

California Pistachios. The assessment 

obligation of each handler would be 

computed by applying the assessment 

rate to the assessed weight computed 

pursuant to § 983.6. (b) For the 2004–05 

fiscal period each handler who receives 

pistachios for processing shall furnish 

the Receipts/Assessment Report to the 

Committee and pay all due assessments 

to the Committee by March 15, 2005. 

For subsequent fiscal periods, each 

handler who receives pistachios for 

processing shall furnish the Receipts/

Assessment Report and pay all due 

assessments to the Committee by 

December 15 of the applicable fiscal 

period.’’

Initial 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 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. Thus, both statutes have small 

entity orientation and compatibility.

There are approximately 20 handlers 

of California pistachios subject to 

regulation under the order and 

approximately 741 producers in the 

production area. 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 $5,000,000. Eight of the 20 

handlers subject to regulation have 

annual pistachio receipts of at least 

$5,000,000. In addition, 722 producers 

have annual receipts less than $750,000. 

Thus, the majority of handlers and 

producers of California pistachios may 

be classified as small entities. 

This rule would establish a 

continuing assessment rate for the 

Committee and collected from handlers 

for the 2004–05 and subsequent fiscal 

periods of $0.0014 per pound of 

pistachios received for processing and 

would establish reporting requirements 

under the California pistachio order. 

Requiring handlers to file annual 

Receipts/Assessment Reports with the 

Committee would facilitate the 

Committee’s collection of handler 

assessments. Pistachios harvested and 

received in August of any year shall be 

applied to the subsequent production 

year for order purposes. 

Continuing Assessment Rate 

The California pistachio 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 pistachios. They 

are familiar with the Committee 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. 

The Committee met on August 17, 

2004, and unanimously recommended 

2004–05 expenditures of $271,499 and 

an assessment rate of $0.0014 per pound 

of pistachios received for processing. 

This was the first public meeting of the 

newly formed Committee since the 

pistachio marketing order became 

effective on April 6, 2004 (69 FR 17944). 

The major expenditures recommended 

by the Committee for the 2004–05 fiscal 

period include $110,249 for 

administrative expenses; $34,500 for 

compliance expenses; $101,750 for 

salaries; and $25,000 for a contingency 

reserve.

71752 Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Proposed Rules 

Because this is a new order and there 

is no carry-in income, the Committee is 

borrowing funds from the Commission 

until assessments are collected in March 

2005. The Committee discussed the 

necessity of setting a relatively high 

assessment rate for the 2004–05 fiscal 

period because it is necessary to 

generate sufficient funds to reimburse 

the Commission, to cover the 

Committee’s 2004–05 expenditures, and 

to build an adequate reserve to cover 

Committee expenditures until the 2005–

06 fiscal period’s assessments are 

available in December 2005. 

The assessment rate recommended by 

the Committee was derived by dividing 

anticipated expenses plus funds to 

establish a reserve by expected receipts 

of pistachios grown in California 

($271,499 plus $190,501 divided by 

330,000,000 pounds = $0.0014. With 

pistachio receipts for the year estimated 

at 330,000,000 pounds, assessment 

income should total $462,000. 

The Committee may carry over such 

excess into subsequent production years 

as a reserve, provided that funds already 

in the reserve do not exceed 

approximately two production years’

budgeted expenses. In the event that 

funds exceed two productions years’

budgeted expenses, future assessments 

would be reduced to bring the reserves 

to an amount that is less than or equal 

to two production years’ budgeted 

expenses. Funds in the reserve would be 

kept within the maximum permitted by 

the order (§ 983.56). 

The proposed assessment rate would 

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 would 

be in effect for an indefinite period, the 

Committee would continue to meet 

prior to or during each fiscal period 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 would 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 2004–05 budget and those 

for subsequent fiscal periods would be 

reviewed and, as appropriate, approved 

by USDA. 

The Committee discussed alternative 

2004–05 expenditures of $246,499, 

which did not include $25,000 for a 

contingency reserve. However, the 

Committee believes that it is important 

to establish a contingency reserve for 

unforeseen expenditures, and, thus, 

unanimously recommended 

expenditures in the amount of $271,499. 

A review of historical information and 

preliminary information pertaining to 

the upcoming fiscal period indicates 

that the grower price for the 2004–05 

season could range between $1.30 and 

$1.40 per pound of assessed weight 

pistachios. Therefore, the estimated 

assessment revenue for the 2004–05 

fiscal period as a percentage of total 

grower revenue could range between .11 

and .10 percent. 

Reporting Requirements 

Section 983.47 of the pistachio order 

provides authority for establishing 

reporting requirements. Under the 

order, the Committee may, with the 

approval of the Secretary, establish 

reporting requirements to collect 

necessary information or data. 

To facilitate the collection of handler 

assessments, the Committee also 

unanimously recommended that 

handlers file a Receipts/Assessment 

Report with the Committee. Both small 

and large handlers would be required to 

file the report and to pay assessments. 

The report would be filed by handlers 

(including custom hullers) who receive 

pistachios for processing (removal of 

green hulls and drying pistachios to 5 

percent moisture). 

Handlers who receive pistachios for 

processing, would be required to pay an 

assessment attributable to the assessed 

weight of pistachios received by that 

handler and to report that assessed 

weight to the Committee on the 

Receipts/Assessment Form. The term 

‘‘assessed weight’’ is defined in § 983.6 

of the pistachio order. 

Assessment Obligations 

The computation of assessed weight 

involves requirements specified in 

§§ 983.39(b)(4) and (5). A final order 

published on July 26, 2004, (69 FR 

44460), delayed the implementation 

date of those sections until February 1, 

2005. Therefore, for the 2004–05 fiscal 

period, each handler who receives 

pistachios for processing would be 

required to furnish the Receipts/

Assessment Report to the Committee 

and pay all due assessments to the 

Committee by March 15, 2005. For 

subsequent fiscal periods, each handler 

who receives pistachios for processing 

would be required to furnish the 

Receipts/Assessment Report and pay all 

due assessments to the Committee by 

December 15 of the applicable fiscal 

period.

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 would be offset by 

the benefits derived by the operation of 

the marketing order. In addition, the 

Committee’s meeting was widely 

publicized throughout the production 

area commodity industry and all 

interested persons were invited to 

attend the meeting and participate in 

Committee deliberations on all issues. 

Like all Committee meetings, the August 

17, 2004, meeting was a public meeting 

and all entities, both large and small, 

were able to express views on this issue. 

Interested persons are invited to 

submit comments on the informational 

and regulatory impacts of this action on 

small businesses. 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. 

This rule would impose some 

additional reporting and recordkeeping 

on both small and large pistachio 

handlers. This action would require one 

new Committee form. As with all 

Federal marketing order programs, 

reports and forms are periodically 

reviewed to reduce information 

requirements and duplication by 

industry and public sector agencies. In 

addition, USDA has not identified any 

relevant Federal rules that duplicate, 

overlap, or conflict with this rule. 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

Chapter 35), AMS is submitting to the 

Office of Management and Budget a 

revision to approved information 

collection OMB No. 0581–0215, 

‘‘Pistachios Grown in California.’’

Abstract 

These information collection 

requirements are essential to carry out 

the intent of the Act, to provide 

respondents the type of service they 

request, and to administer the California 

pistachio marketing order program, 

which was established in 2004. 

Under the order, the committee may, 

with the approval of the Secretary, 

establish reporting requirements to 

collect necessary information or data. 

Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Proposed Rules 71753

On August 17, 2004, the Committee 

met and unanimously recommended 

establishing a reporting requirement 

under the order similar to that applied 

under the California Pistachio 

Commission. Because the Commission 

is prohibited from sharing confidential 

handler information, the committee 

recommended that a receipt/assessment 

report be developed for committee use 

and that the receipts information 

already compiled for the Commission be 

attached to the newly developed 

committee form. Thus, handlers would 

not be duplicating their efforts and both 

agencies would receive necessary 

receipts/assessment data. 

The information collected will be 

used only by authorized representatives 

of the USDA, including AMS, Fruit and 

Vegetable Programs regional and 

headquarters’ staff, and authorized 

Committee employees. Authorized 

Committee employees are the primary 

users of the information and AMS is the 

secondary user. The name of the form is 

the Administrative Committee for 

Pistachios (ACP)–1; Receipts/

Assessment Report. 

Total Annual Estimated Burden 

The total burden for the information 

collection under the order is as follows: 

Estimate of Burden: 4 minutes per 

response. 

Respondents: Qualified handlers or 

producers. 

Estimated Number of Respondents:

20.

Estimated Number of Responses per 

Respondent: 1. 

Estimated Total Annual Average 

Burden on Respondents): 1 hour and 20 

minutes. 

Comments: Sixty days are provided 

for comments. Comments are invited on: 

(1) Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information would have practical 

utility; (2) the accuracy of the agency’s 

estimate of the burden of the proposed 

collection of information, including the 

validity of the methodology and 

assumptions used; (3) ways to enhance 

the quality, utility, and clarity of the 

information to be collected; and (4) 

ways to minimize the burden of the 

collection of information on those who 

are to respond, including the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology. 

Comments should reference OMB No. 

0581–0215 and the marketing order for 

pistachios grown in California, and be 

sent to USDA in care of the Docket Clerk 

at the previously mentioned address. 

All comments received will be available 

for public inspection during regular 

business hours at the same address. All 

responses to this notice on 

informational impacts will be 

summarized and included in the request 

for OMB approval of the above 

described form. All comments will 

become a matter of public record.

List of Subjects in 7 CFR Part 983 

Pistachios, Marketing agreements, 

Reporting and recordkeeping 

requirements.

For the reasons set forth in the 

preamble, 7 CFR part 983 is proposed to 

be amended as follows:

PART 983—PISTACHIOS GROWN IN 

CALIFORNIA 

1. The authority citation for 7 CFR 

part 983 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. In part 983, a new Subpart—

Assessment Rate and § 983.253 are 

added to read as follows:

Subpart—Assessment Rate

§ 983.253 Assessment rate. 

(a) On and after September 1, 2004, a 

continuing assessment rate of $0.0014 

per pound of assessed weight pistachios 

is established for California Pistachios. 

The assessment obligation of each 

handler would be computed by 

applying the assessment rate to the 

assessed weight computed pursuant to 

§ 983.6. 

(b) For the 2004–05 fiscal period each 

handler who receives pistachios for 

processing shall furnish the Receipts/

Assessment Report to the Committee 

and pay all due assessments to the 

Committee by March 15, 2005. For 

subsequent fiscal periods, each handler 

who receives pistachios for processing 

shall furnish the Receipts/Assessment 

Report and pay all due assessments to 

the Committee by December 15 of the 

applicable fiscal period.

Dated: December 7, 2004. 

A.J. Yates, 

Administrator, Agricultural Marketing 

Service.

[FR Doc. 04–27157 Filed 12–7–04; 2:54 pm] 

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service 

7 CFR Part 989 

[Docket No. FV05–989–1 PR] 

Raisins Produced From Grapes Grown 

in California; Increased Assessment 

Rate

AGENCY: Agricultural Marketing Service, 

USDA.

ACTION: Proposed rule.

SUMMARY: This rule would increase the 

assessment rate established for the 

Raisin Administrative Committee 

(Committee) for the 2004–05 and 

subsequent crop years from $8.00 to 

$11.00 per ton of free tonnage raisins 

acquired by handlers, and reserve 

tonnage raisins released or sold to 

handlers for use in free tonnage outlets. 

The Committee locally administers the 

Federal marketing order which regulates 

the handling of raisins produced from 

grapes grown in California (order). 

Authorization to assess raisin handlers 

enables the Committee to incur 

expenses that are reasonable and 

necessary to administer the program. 

The crop year runs from August 1 

through July 31. The 2004–05 crop is 

smaller than normal, and no volume 

regulation will be implemented this 

year. As a result, some expenses funded 

by handler assessments will increase. 

The $8.00 per ton assessment rate will 

not generate enough revenue to cover 

expenses. The $11.00 per ton 

assessment would remain in effect 

indefinitely unless modified, 

suspended, or terminated.

DATES: Comments must be received by 

December 20, 2004.

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 e-mail: 

moab.docketclerk@usda.gov; or 

Internet:http://www.regulations.gov.

Comments should reference the docket 

number and the date and page number 

of this issue of the Federal Register and 

will be made available for public 

inspection in the Office of the Docket 

Clerk during regular business hours, or 

can be viewed at: http://

www.ams.usda.gov/fv/moab.html.

FOR FURTHER INFORMATION CONTACT:

Martin Engeler, Assistant Regional 

Manager, California Marketing Field