This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

51956 

Vol. 75, No. 163 

Tuesday, August 24, 2010 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 993 

[Doc. No. AMS–FV–10–0057; FV10–993–1 

PR] 

Dried Prunes Produced in California; 

Increased Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This rule would increase the 

assessment rate established for the 

Prune Marketing Committee 

(Committee) for the 2010–11 and 

subsequent crop years from $0.16 to 

$0.27 per ton of salable dried prunes 

handled. The Committee locally 

administers the marketing order which 

regulates the handling of dried prunes 

grown in California. Assessments upon 

dried prune handlers are used by the 

Committee to fund reasonable and 

necessary expenses of the program. The 

crop year begins August 1 and ends July 

31. The assessment rate would remain 

in effect indefinitely unless modified, 

suspended, or terminated. 

DATES: Comments must be received by 

September 23, 2010. 

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 document 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: 

Andrea Ricci, Marketing Specialist, or 

Kurt Kimmel, Regional Manager, 

California Marketing Field Office, Fruit 

and Vegetable Programs, AMS, USDA; 

Telephone: (559) 487–5901, Fax: (559) 

487–5906, or E-mail: 

Andrea.Ricci@ams.usda.gov or 

Kurt.Kimmel@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Antoinette 

Carter, 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: 

ntoinete.Carter@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Agreement 

No. 110 and Order No. 993, both as 

amended (7 CFR part 993), regulating 

the handling of dried prunes grown in 

California, hereinafter referred to as the 

‘‘order.’’ The 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 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 

proposed herein would be applicable to 

all assessable dried prunes beginning on 

August 1, 2010, and continue until 

amended, suspended, or terminated. 

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 2010–11 and 

subsequent crop years from $0.16 to 

$0.27 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 a public meeting. 

Thus, all directly affected persons have 

an opportunity to participate and 

provide input. 

For the 2009–10 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 24, 2010, 

and unanimously recommended 2010– 

11 expenditures of $58,353 and an 

assessment rate of $0.27 per ton of 

salable dried prunes. In comparison, last 

year’s budgeted expenditures, as 

amended in March of 2010, were 

$57,756. The assessment rate of $0.27 is 

$0.11 higher than the rate currently in 

effect. 

The Committee recommended the 

higher assessment rate based on a 

production estimate of 150,000 tons of 

salable dried prunes for this year, which 

is substantially less than the 165,488 

tons produced last year. At the proposed 

assessment rate the assessment income 

for the 2010–11 crop year would be 

$40,500. The Committee’s proposed 


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budget of expenses of $58,353 includes 

a twenty percent increase in personnel 

expenses, and a nine percent decrease 

in operating expenses. Combined 

personnel and operational expenses are 

about eleven percent higher than last 

year, or about $42,511. The Committee 

also included $15,842 for contingencies, 

which is substantially less than the 

$19,526 included for last year’s budget. 

Most of the Committee’s expenses 

reflect its portion of the joint 

administration costs of the Committee 

and the California Dried Plum Board 

(CDPB). Based on the Committee’s 

reduced activities in recent years, it is 

funding only five percent of the shared 

expenses of the two programs. This 

funding level is similar to that of last 

year. The Committee believes that extra 

assessment income carried in from the 

2009 crop year, plus interest income 

and 2009 assessment income, would be 

adequate to cover its estimated expenses 

of $58,353. 

The major expenditures 

recommended by the Committee for the 

2010–11 year include $31,781 for 

salaries and benefits, $10,730 for 

operating expenses, and $15,842 for 

contingencies. Budgeted expenses for 

these items in 2009–10 were $26,450, 

$11,780, and $19,526, respectively. 

The assessment rate recommended by 

the Committee was derived by 

considering the handler assessment 

revenue needed to meet anticipated 

expenses, the estimated salable tons of 

California dried prunes, excess funds 

carried forward into the 2010–11 crop 

year, and estimated interest income. As 

mentioned earlier, dried prune 

production for the year is estimated at 

150,000 salable tons, which should 

provide $40,500 in assessment income. 

Income derived from handler 

assessments, plus interest income, and 

excess funds from the 2009–10 crop 

year would be adequate to cover 

budgeted expenses. The Committee is 

authorized under § 993.81(c) of the 

order to use excess assessment funds 

from the 2009–10 crop year (currently 

estimated at $17,847) for up to 5 months 

beyond the end of the crop year to meet 

the 2010–11 crop year expenses. At the 

end of the 5 months, the Committee 

either refunds or credits excess funds to 

handlers. 

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 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 2010–11 budget and those 

for subsequent crop year 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 

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. 

There are approximately 900 

producers of dried prunes in the 

California area and approximately 21 

handlers subject to regulation under the 

marketing order. 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 $7,000,000. 

Committee data indicates that about 

64 percent of the handlers ship under 

$7,000,000 worth of dried prunes. 

Dividing the average prune crop value 

for 2009 reported by the National 

Agricultural Statistics Service (NASS) of 

$188,400,000 by the number of 

producers (900) yields an average 

annual producer revenue estimate of 

about $209,333. Based on the foregoing, 

the majority of handlers and dried 

prune producers may be classified as 

small entities. 

This rule would increase the 

assessment rate established for the 

Committee and collected from handlers 

for the 2010–11 and subsequent crop 

year from $0.16 to $0.27 per ton of 

salable dried prunes. The Committee 

unanimously recommended 2010–11 

expenditures of $58,353 and an 

assessment rate of $0.27 per ton of 

salable dried prunes. The proposed 

assessment rate of $0.27 is $0.11 higher 

than the 2009–10 rate. The quantity of 

assessable dried prunes for the 2010–11 

year is estimated at 150,000 tons. Thus, 

the $0.27 rate should provide $40,500 in 

assessment income. The Committee 

believes that extra assessment income 

carried in for the 2009 crop year, plus 

interest income and 2010 assessment 

income, would be adequate to cover its 

estimated expenses of $58,353. 

The major expenditures 

recommended by the Committee for the 

2010–11 year include $31,781 for 

salaries and benefits, $10,730 for 

operating expenses, and $15,842 for 

contingencies. Budgeted expenses for 

these items in 2009–10 were $26,450, 

$11,780, and $19,526, respectively. 

The Committee recommended the 

higher assessment rate based on a 

production estimate of 150,000 tons of 

salable dried prunes for this year, which 

is substantially less than the 165,488 

tons produced last year. At the proposed 

assessment rate the assessment income 

for the 2010–11 crop year would be 

$40,500. The Committee’s proposed 

budget of expenses of $58,353 includes 

a twenty percent increase in personnel 

expenses, and a nine percent decrease 

in operating expenses. Combined 

personnel and operational expenses are 

about eleven percent higher than last 

year, or about $42,511. The Committee 

also included $15,842 for contingencies, 

which is substantially less than the 

$19,526 included for last year’s budget. 

Most of the Committee’s expenses 

reflect its portion of the joint 

administration costs of the Committee 

and the California Dried Plum Board 

(CDPB). Based on the Committee’s 

reduced activities in recent years, it is 

funding only five percent of the shared 

expenses of the two programs. This 

funding level is similar to that of last 

year. The Committee believes that extra 

assessment income from the 2009 crop 

year, plus interest income and 2010 

assessment income, would be adequate 

to cover its estimated expenses of 

$58,353. 

The Committee reviewed and 

unanimously recommended 2010–11 

expenditures of $58,353, which 

includes an increase in personnel 

expenses and a decrease in operational 

expenses. Prior to arriving at its budget 

of $58,353, the Committee considered 

information from various sources, 

including the Committee’s Executive 

Subcommittee to include the 


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51958 Federal Register / Vol. 75, No. 163 / Tuesday, August 24, 2010 / Proposed Rules 

administrative expenses shared between 

the Committee and the CDPB in recent 

years. The assessment rate of $0.27 per 

ton of salable dried prunes was derived 

by considering the handler assessment 

revenue needed to meet anticipated 

expenses, the estimated salable tons of 

California dried prunes, excess funds 

carried forward into the 2010–11 crop 

year, and estimated interest income. An 

alternative to this action would to be to 

continue with the $0.16 per ton 

assessment rate. However, an 

assessment rate of $0.27 per ton of 

salable dried prunes, along with excess 

funds from the 2009–10 crop year, is 

needed to provide enough income to 

fund the Committee’s operations. 

A review of historical and preliminary 

information pertaining to the upcoming 

crop year indicates that the grower price 

for the 2008–09 crop year was $1,500 

per ton, that the grower price for the 

2009–10 crop year was $1,200 per ton, 

and that the grower price for the 2010– 

11 crop year could range between 

$1,000 and $1,100 per ton of salable 

dried prunes. Based on an estimated 

150,000 salable tons of dried prunes, 

assessment revenue as a percentage of 

producer prices during the 2010–2011 

crop year is expected to range between 

.027 and .025 percent. 

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 

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 24, 2010, 

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 proposed 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 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. 

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/ 

MarketingOrdersSmallBusinessGuide. 

Any questions about the compliance 

guide should be sent to Antoinette 

Carter 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 

2010–11 crop begins on August 1, 2010, 

and the marketing order requires that 

the rate of assessment for each crop year 

apply to all assessable dried prunes 

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 993 

Marketing agreements, Plum, Prunes, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 993 is proposed to 

be amended as follows: 

PART 993—DRIED PRUNES 

PRODUCED IN CALIFORNIA 

1. The authority citation for 7 CFR 

part 993 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

2. Section 993.347 is revised to read 

as follows: 

§ 993.347 Assessment rate. 

On and after August 1, 2010, an 

assessment rate of $0.27 per ton of 

salable dried prunes is established for 

California dried prunes. 

Dated: August 17, 2010. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–20981 Filed 8–23–10; 8:45 am] 

BILLING CODE 3410–02–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 26 

[Docket No. PRM–26–4; NRC–2010–0269] 

California Association of Marriage and 

Family Therapists; Notice of Receipt of 

Petition for Rulemaking 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Petition for rulemaking; notice 

of receipt. 

SUMMARY: The Nuclear Regulatory 

Commission (NRC) has received and 

requests public comment on a petition 

for rulemaking dated March 24, 2010, 

and supplemented on July 12, 2010, 

filed by the California Association of 

Marriage and Family Therapists 

(CAMFT) (petitioner). The petition was 

docketed by the NRC and has been 

assigned Docket No. PRM–26–4. The 

petitioner requests that the NRC amend 

its regulations to add marriage and 

family therapists (MFT) as substance 

abuse experts (SAEs). 

DATES: Submit comments by November 

8, 2010. Comments received after this 

date will be considered if it is practical 

to do so, but the NRC is able to assure 

consideration only for comments 

received on or before this date. 

ADDRESSES: Please include Docket ID 

NRC–2010–0269 in the subject line of 

your comments. For instructions on 

submitting comments and accessing 

documents related to this action, see 

‘‘Submitting Comments and Accessing 

Information’’ in the SUPPLEMENTARY

INFORMATION section of this document. 

You may submit comments by any one 

of the following methods. 

Federal Rulemaking Web Site: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

NRC–2010–0269. Address questions 

about NRC dockets to Carol Gallagher, 

telephone 301–492–3668; e-mail 

Carol.Gallagher@nrc.gov. 

Mail comments to: Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, ATTN: 

Rulemakings and Adjudications Staff. 

E-mail comments to: 

Rulemaking.Comments@nrc.gov. If you 

do not receive a reply e-mail confirming 

that we have received your comments, 

contact us directly at 301–415–1966. 

Hand Deliver comments to: 11555 

Rockville Pike, Rockville, Maryland 

20852 between 7:30 a.m. and 4:15 p.m. 

during Federal workdays (Telephone 

301–415–1966). 

Fax comments to: Secretary, U.S. 

Nuclear Regulatory Commission at 301– 

415–1101. 


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