44304 Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Proposed Rules 

walnuts purchased and the quantity 

inspected and certified as merchantable 

walnuts. 

7. Section 984.476 is revised to read 

as follows: 

§ 984.476 Report of walnut receipts from 

outside of the United States. 

Each handler who receives walnuts 

from outside of the United States shall 

file with the Board, on CWB Form No. 

7, a report of the receipt of such 

walnuts. The report shall be filed as 

follows: On or before December 5 for 

such walnuts received during the period 

September 1 to November 30; on or 

before March 5 for such walnuts 

received during the period December 1 

to February 28 (February 29 in a leap 

year); on or before June 5 for such 

walnuts received during the period 

March 1 to May 31; and on or before 

September 5 for such walnuts received 

during the period June 1 to August 31. 

The report shall include the quantity of 

such walnuts received, the country of 

origin for such walnuts, and whether 

such walnuts are inshell or shelled. 

With each report, the handler shall 

submit a copy of a product tag issued by 

a DFA of California inspector for each 

receipt of such walnuts that includes 

the name of the person from whom such 

walnuts were received, the date such 

walnuts were received by the handler, 

the number of containers and the U.S. 

Custom’s Service entry number, 

whether such walnuts are inshell or 

shelled, the quantity of such walnuts 

received, the country of origin for such 

walnuts, the name of the DFA of 

California inspector who issued the 

product tag, and the date such tag was 

issued. 

8. Amend § 984.480 by revising 

paragraph (d) to read as follows: 

§ 984.480 Books and other records. 

* * * * * 

(d) The quantities held on September 

1, January 1, and April 1 of each 

marketing year. 

Dated: August 24, 2009. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E9–20770 Filed 8–27–09; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 987 

[Docket No. AMS–FV–09–0045; FV09–987– 

2 PR] 

Domestic Dates Produced or Packed in 

Riverside County, CA; Increased 

Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This rule would increase the 

assessment rate established for the 

California Date Administrative 

Committee (Committee) for the 2009–10 

and subsequent crop years from $0.60 to 

$0.75 per hundredweight of dates 

handled. The Committee locally 

administers the marketing order which 

regulates the handling of dates grown or 

packed in Riverside County, California. 

Assessments upon date handlers are 

used by the Committee to fund 

reasonable and necessary expenses of 

the program. The crop year begins 

October 1 and ends September 30. The 

assessment rate would remain in effect 

indefinitely unless modified, 

suspended, or terminated. 

DATES: Comments must be received by 

September 28, 2009. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this rule. Comments must be 

sent to the Docket Clerk, Marketing 

Order Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue, SW., STOP 

0237, Washington, DC 20250–0237; Fax: 

(202) 720–8938; or Internet: 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.regulations.gov. All 

comments submitted in response to this 

rule will be included in the record and 

will be made available to the public. 

Please be advised that the identity of the 

individuals or entities submitting the 

comments will be made public on the 

Internet at the address provided above. 

FOR FURTHER INFORMATION CONTACT: 

Terry Vawter, Senior Marketing 

Specialist, or Kurt J. Kimmel, Regional 

Manager, California Marketing Field 

Office, Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA; Telephone: (559) 487– 

5901, Fax: (559) 487–5906, or E-mail: 

Terry.Vawter@ams.usda.gov or 

Kurt.Kimmel@ams.usda.gov. 

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@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Order No. 

987, as amended (7 CFR part 987), 

regulating the handling of dates grown 

or packed in Riverside County, 

California, hereinafter referred to as the 

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

Agricultural Marketing Agreement Act 

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

hereinafter referred to as the ‘‘Act.’’ 

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. Under the marketing order now 

in effect, California date 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 

dates beginning October 1, 2009, 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 increase the 

assessment rate established for the 

Committee for the 2009–10 and 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Proposed Rules 44305 

subsequent crop years from $0.60 to 

$0.75 per hundredweight of dates. 

The California date 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 dates. They are 

familiar with the Committee’s needs and 

with the costs for goods and services in 

their local area, and are thus in a 

position to formulate an appropriate 

budget and assessment rate. The 

assessment rate is formulated and 

discussed in a public meeting. Thus, all 

directly affected persons have an 

opportunity to participate and provide 

input. 

For the 2008–09 and subsequent crop 

years, the Committee recommended, 

and USDA approved, an assessment rate 

that would continue in effect from crop 

year to crop year unless modified, 

suspended, or terminated by USDA 

upon recommendation and information 

submitted by the Committee or other 

information available to USDA. 

The Committee met on June 9, 2009, 

and unanimously recommended 2009– 

10 expenditures of $200,000 and an 

assessment rate of $0.75 per 

hundredweight of California dates. In 

comparison, last year’s budgeted 

expenditures were $176,384. The 

assessment rate of $0.75 is $0.15 higher 

than the rate currently in effect. The 

Committee recommended a higher 

assessment rate to cover increased 

expenses including increased marketing 

and promotion efforts, and nutritional 

research. Income generated through the 

higher assessment rate combined with 

reserve funds should be sufficient to 

cover anticipated 2009–10 expenses. 

Section 987.72(c) states that the 

reserve may not exceed 50 percent of 

the average of expenses incurred during 

the most recent five preceding crop 

years. With the higher expenses, the 

reserve at the end of the 2009–10 crop 

year is not projected to exceed this 

limit. 

Income from sales of cull dates are 

deposited in a surplus account for 

subsequent use by the Committee to 

cover the surplus pool share of the 

Committee’s expenses. Handlers may 

also dispose of cull dates of their own 

production within their own livestockfeeding operation; otherwise, such cull 

dates must be shipped or delivered to 

the Committee for sale to non-human 

food product outlets. Pursuant to 

§ 987.72(b), the Committee is authorized 

to temporarily use funds derived from 

assessments to defray expenses incurred 

in disposing of surplus dates. All such 

expenses are required to be deducted 

from proceeds obtained by the 

Committee from the disposal of surplus 

dates. For the 2009–10 crop year, the 

Committee estimated that $1,500 from 

the surplus account would be needed to 

temporarily defray expenses incurred in 

disposing of surplus dates. 

The major expenditures 

recommended by the Committee for the 

2009–10 crop year include $60,000 for 

general and administrative programs, 

$97,000 for promotional programs, and 

$28,000 for marketing and media 

consulting. The Committee also 

budgeted $15,000 to conduct nutritional 

research. 

By comparison, expenditures 

recommended by the Committee for the 

2008–09 crop year include $66,384 for 

general and administrative programs, 

$82,000 for promotional programs, 

$28,000 for marketing and media 

consulting. 

The assessment rate of $0.75 per 

hundredweight of assessable dates was 

derived by applying the following 

formula where: 

A= 2008–09 estimated reserve on 09/30/09 

($65,566); 

B= 2009–10 estimated reserve on 09/30/10 

($39,566); 

C= 2009–10 expenses ($200,000); 

D= Cull Surplus Fund ($1,500); 

F= 2009–10 expected shipments (23,000,000 

pounds). 

[(C–A+B–D)/F] × 100. 

The assessment rate proposed in this 

rule 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 proposed assessment 

rate would be in effect for an indefinite 

period, the Committee would 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 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 2009–10 budget and those 

for subsequent crop years would be 

reviewed and, as appropriate, approved 

by USDA. 

Initial Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA) (5 

U.S.C. 601–612), the Agricultural 

Marketing Service (AMS) has 

considered the economic impact of this 

action 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 rules issued thereunder, are 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

behalf. 

There are approximately 85 producers 

of dates in the production area and 9 

handlers subject to regulation under the 

marketing order. The Small Business 

Administration (13 CFR 121.201) 

defines small agricultural producers as 

those having annual receipts of less than 

$750,000, and small agricultural service 

firms are defined as those having annual 

receipts of less than $7,000,000. 

According to the National 

Agricultural Statistics Service (NASS), 

data for the most-recently completed 

crop year, 2008, indicates that about 

3.34 tons, or 6,680 pounds, of dates 

were produced per acre. The 2008 

grower price published by NASS was 

$1,470 per ton, or $.735 per pound. 

Thus, the value of date production in 

2008 averaged about $4,909 per acre 

(6,680 pounds per acre times $.735 per 

pound). At that average price, a 

producer would have to have over 152 

acres to receive an annual income from 

dates of $750,000 ($750,000 divided by 

$4,909 per acre equals 152.7 acres). 

According to committee staff, the 

majority of California date producers 

farm less than 152 acres. Thus, it can be 

concluded that the majority of date 

producers could be considered small 

entities. According to data from the 

committee, the majority of handlers of 

California dates may also be considered 

small entities. 

This rule would increase the 

assessment rate established for the 

Committee and collected from handlers 

for the 2009–10 and subsequent crop 

years from $0.60 to $0.75 per 

hundredweight of dates handled. The 

Committee unanimously recommended 

2009–10 expenditures of $200,000 and 

an assessment rate of $0.75 per 

hundredweight of dates. The proposed 

assessment rate of $0.75 is $0.15 higher 

than the 2008–09 rate currently in 

effect. The quantity of assessable dates 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
44306 Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Proposed Rules 

for the 2009–10 crop year is estimated 

at 23,000,000 pounds. Thus, the $0.75 

rate should provide $172,500 in 

assessment income and, with reserve 

funds of $65,566 and the $1,500 

contribution from the surplus program, 

will be adequate to meet the 2009–10 

crop year expenses. 

The major expenditures 

recommended by the Committee for the 

2009–10 crop year include $60,000 for 

general and administrative programs, 

$97,000 for promotional programs, and 

$28,000 for marketing and media 

consulting. The Committee also 

budgeted $15,000 as a contingency 

reserve for other marketing and 

promotion projects that it may wish to 

support later in the year. 

The Committee reviewed and 

unanimously recommended 2009–10 

crop year expenditures of $200,000. 

Prior to arriving at this budget, the 

Committee considered information from 

various sources, such as the 

Committee’s Marketing Subcommittee. 

Alternative expenditure levels were an 

option available to the Committee, but 

the Committee ultimately decided that 

the recommended levels were 

reasonable to properly administer the 

order. The assessment rate of $0.75 per 

hundredweight of dates was then 

derived, based upon the Committee’s 

estimates of the incoming reserve, 

income, and anticipated expenses. 

As previously noted, according to the 

NASS data, the season average grower 

price for 2008 crop dates is projected at 

$1,470 per ton, or $73.50 per 

hundredweight. No official NASS 

estimate is available yet for 2009. The 

average grower price for the period of 

2005–08 is $1,833.00 per ton, or $91.65 

per hundredweight. 

To calculate the percentage of grower 

revenue represented by the assessment 

rate for 2009, the assessment rate of 

$0.75 (per hundredweight) divided by 

the estimated average grower price. This 

results in estimated assessment revenue 

for 2008 crop dates as a percentage of 

grower revenue of 1.02 percent ($0.75 

divided by $73.50 per hundredweight). 

As previously mentioned, NASS data 

for 2009 is not yet available. 

However, applying the same 

calculations above using the average 

grower price for the period of 2005–08 

would result in estimated assessment 

revenue as percentage total grower 

revenue of 0.82 percent for the 2008–09 

crop year ($0.75 divided by $91.65 per 

hundredweight). Thus, the assessment 

revenue should be less than 1 percent of 

estimated grower revenue in 2009. 

This action would increase the 

assessment obligation imposed on 

handlers. While assessments impose 

some additional costs on handlers, the 

costs are minimal and uniform on all 

handlers. Some of the additional costs 

may be passed on to producers. 

However, these costs 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 California 

date 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 9, 2009, meeting was 

a public meeting and all entities, both 

large and small, were able to express 

views on this issue. Finally, interested 

persons are invited to submit comments 

on this rule, including the regulatory 

and informational impacts of this action 

on small businesses. 

This proposed rule would impose no 

additional reporting or recordkeeping 

requirements on either small or large 

California date handlers. As with all 

Federal marketing order programs, 

reports and forms are periodically 

reviewed to reduce information 

requirements and duplication by 

industry and public sector agencies. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rule. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

AMSv1.0/ams.fetchTemplateData.do

?template=TemplateN&page=Marketing

OrdersSmallBusinessGuide. Any 

questions about the compliance guide 

should be sent to Jay Guerber at the 

previously mentioned address in the 

FOR FURTHER INFORMATION CONTACT

section. 

A 30-day comment period is provided 

to allow interested persons to respond 

to this proposed rule. Thirty days is 

deemed appropriate because: (1) The 

2009–10 crop year begins on October 1, 

2009, and the marketing order requires 

that the rate of assessment for each crop 

year apply to all assessable dates 

handled during such crop year; (2) the 

Committee needs to have sufficient 

funds to pay its expenses which are 

incurred on a continuous basis; and (3) 

handlers are aware of this action which 

was unanimously recommended by the 

Committee at a public meeting and is 

similar to other assessment rate actions 

issued in past years. 

List of Subjects in 7 CFR Part 987 

Dates, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 987 is amended as 

follows: 

PART 997—DATES PRODUCED OR 

PACKED IN RIVERSIDE COUNTY, 

CALIFORNIA 

1. The authority citation for 7 CFR 

part 987 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

2. Section 987.339 is revised to read 

as follows: 

§ 987.339 Assessment rate. 

On and after October 1, 2009, an 

assessment rate of $0.75 per 

hundredweight is established for 

California dates. 

Dated: August 24, 2009. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E9–20769 Filed 8–27–09; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2008–BT–STD–0019] 

RIN 1904–AB90 

Energy Conservation Standards for 

Residential Clothes Washers: Public 

Meeting and Availability of the 

Framework Document 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of public meeting and 

availability of the framework document. 

SUMMARY: The U.S. Department of 

Energy (DOE) will hold an informal 

public meeting to discuss and receive 

comments on issues that it will address 

in this rulemaking proceeding. The 

Department is requesting information 

from interested parties to assist in 

establishing energy conservation 

standards for residential clothes 

washers. The Department also 

encourages written comments on any 

subject within the scope of this 

proceeding. To inform interested parties 

and facilitate this process, DOE has 

prepared a draft framework document, 

available at http:// 

www1.eere.energy.gov/buildings/ 

appliance_standards/residential/ 

clothes_washers.html. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS