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

5944

Vol. 70, No. 23

Friday, February 4, 2005

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 993 

[Docket No. FV05–993–1 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) under Marketing Order No. 

993 for the 2004–05 and subsequent 

crop years from $4.00 to $6.00 per ton 

of salable dried prunes. The committee 

locally administers the marketing order 

which regulates the handling of dried 

prunes grown in California. 

Authorization to assess dried prune 

handlers enables the committee to incur 

expenses that are reasonable and 

necessary to administer the program. 

The committee recommended a higher 

assessment rate because the 2004–05 

crop is very small, and the higher 

assessment rate is needed to generate 

funds to meet program expenses and 

provide an adequate financial reserve. 

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 

March 7, 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; 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 

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 Terry 

Vawter, 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.

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Agreement 

No. 110 and Marketing Order No. 993, 

both as amended (7 CFR part 993), 

regulating the handling of dried prunes 

grown in California, hereinafter referred 

to as the ‘‘order.’’ The marketing 

agreement and order are effective under 

the Agricultural Marketing Agreement 

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

674), hereinafter referred to as the 

‘‘Act.’’ 

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. Under the marketing order now 

in effect, California dried prune 

handlers are subject to assessments. 

Funds to administer the order are 

derived from such assessments. It is 

intended that the assessment rate as 

proposed herein would be applicable to 

all assessable dried prunes beginning 

August 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 increase the 

assessment rate established for the 

committee for the 2004–05 and 

subsequent crop years from $4.00 to 

$6.00 per ton of salable dried prunes.

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. 

The committee recommended an 

assessment rate of $4.00 per salable ton 

of prunes for the 2004–05 and 

subsequent crop years on June 23, 2004. 

USDA approved that assessment rate 

and it was published in the Federal 

Register on September 28, 2004 (69 FR 

55733). That assessment rate was to 

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. At the 

time of the June 23, 2004, meeting, the 

Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Proposed Rules 5945

prune crop was expected to be 68,950 

salable tons. 

The committee met again on 

December 8, 2004, and unanimously 

recommended an increased assessment 

rate of $6.00 per ton of salable dried 

prunes and an increase in 2004–05 

expenditures to $283,218. At its June 23, 

2004, meeting, the committee 

recommended expenditures totaling 

$275,800. The proposed assessment rate 

of $6.00 per ton is $2.00 higher than the 

rate currently in effect, and $4.00 per 

ton more than the assessment rate in 

effect during the 2003–2004 crop year. 

The committee recommended a 

higher assessment rate because a very 

small crop was received by handlers 

during the crop year. The salable prune 

production this crop year is expected to 

be only 47,203 tons, the smallest crop 

since 1918. The assessment rate of $6.00 

per ton is expected to provide sufficient 

funds for committee operations this year 

and provide an adequate financial 

reserve. 

In comparison, the budgeted 

expenditures for the 2003–2004 crop 

year were $322,022 and the assessment 

rate was $2.00 per salable ton of prunes, 

based upon an estimated crop of 

170,500 salable tons. 

The following table compares the 

proposed major budget expenditures 

recommended by the committee on 

December 8, 2004, and major budget 

expenditures in the previouslyapproved 2004–05 budget.

Budget expense

categories 

Approved 

budget 

2004–05 

Proposed 

budget 

2004–05 

Total Personnel Salaries ........................ $181,335 $178,335 

Total Operating Expenses ................... 84,931 75,431 

Reserve for Contingencies .................. 9,534 29,452 

The assessment rate recommended by 

the committee was derived by dividing 

anticipated expenses by the estimated 

salable tons of California dried prunes. 

Production of dried prunes for the year 

is estimated to be 47,203 salable tons, 

which should provide $283,218 in 

assessment income. Income derived 

from handler assessments is expected to 

be adequate to cover budgeted expenses. 

The committee is authorized to use 

excess assessment funds from the 2003–

04 crop year (currently estimated at 

$96,702) for up to 5 months beyond the 

end of the crop year to meet 2004–05 

crop year expenses. At the end of the 5-

month period, the committee must 

refund or credit excess funds to 

handlers, as prescribed by § 993.81(c). 

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 will evaluate committee 

recommendations and other available 

information to determine whether 

modification of the assessment rate is 

needed. Further rulemaking would be 

undertaken as necessary. The 

committee’s 2004–05 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), 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 1,100 

producers of dried prunes in the 

production area and approximately 22 

handlers subject to regulation under the 

marketing order. The Small Business 

Administration (13 CFR 121.201) 

defines small agricultural producers as 

those whose annual receipts are less 

than $750,000, and small agricultural 

service firms as those whose annual 

receipts are less than $5,000,000. 

Eight of the 22 handlers (36.4 percent) 

shipped over $5,000,000 of dried prunes 

and could be considered large handlers 

by the Small Business Administration. 

Fourteen of the 22 handlers (63.6 

percent) shipped under $5,000,000 of 

dried prunes and could be considered 

small handlers. An estimated 32 

producers, or less than 3 percent of the 

1,100 total producers, would be 

considered large growers with annual 

incomes over $750,000. The majority of 

handlers and producers of California 

dried prunes may be classified as small 

entities. 

This rule would increase the 

assessment rate established for the 

committee and collected from handlers 

for the 2004–05 and subsequent crop 

years from $4.00 to $6.00 per ton of 

salable dried prunes. The committee 

unanimously recommended revised 

2004–05 expenditures of $283,218 and 

an increased assessment rate of $6.00 

per ton of salable dried prunes at the 

meeting on December 8, 2004. The 

recommended expenditures are slightly 

higher than the Committee’s initial 

estimate of $275,800 for 2004–05. The 

proposed assessment rate of $6.00 per 

ton is $2.00 higher than the current rate. 

The quantity of salable dried prunes for 

the 2004–05 crop year is now estimated 

at 47,203 salable tons. The Committee’s 

earlier estimate was 68,950 salable tons. 

The $6.00 rate should provide $283,218 

in assessment income (6 × 47,203) and 

be adequate to meet this year’s 

expenses. 

The following table compares the 

proposed major budget expenditures 

recommended by the committee on 

December 8, 2004 and major budget 

expenditures in the previouslyapproved 2004–05 budget.

Budget expense

categories 

Approved 

budget

2004–05 

Proposed 

budget

2004–05 

Total Salaries ............ $181,335 $178,331 

Operating Expenses 84,931 75,431 

Reserve for Contingencies .................. 9,534 29,452 

Prior to arriving at its budget of 

$283,218, the committee considered 

information from various sources, such 

as the committee’s Executive 

Subcommittee. An alternative to this 

action would be to continue with the 

$4.00 per ton assessment rate. However, 

an assessment rate of $4.00 per ton in 

combination with the estimated crop of 

47,203 salable tons would not generate 

sufficient monies to fund all the budget 

items for 2004–05 and provide an 

adequate financial reserve. The 

assessment rate of $6.00 per ton of 

salable dried prunes was determined by 

dividing the total recommended budget 

by the estimated salable dried prunes. 

The committee is authorized to use 

excess assessment funds from the 2003–

04 crop year (currently estimated at 

$96,702) for up to 5 months beyond the 

end of the crop year to fund 2004–05 

crop year expenses. At the end of the 5-

month period, the committee must 

5946 Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Proposed Rules 

refund or credit excess funds to 

handlers, as prescribed by § 993.81(c). 

Anticipated assessment income 

collected during 2004–05 would be 

adequate to cover authorized expenses. 

The grower price for the 2004–05 crop 

year is expected to average about $750 

per salable ton of dried prunes. Based 

on an estimated 47,203 salable tons of 

dried prunes, assessment revenue 

during the 2004–05 crop year is 

expected to be less than 1 percent of the 

total expected grower revenue. 

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 December 8, 

2004, 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 information on 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 dried prune handlers. As 

with all Federal marketing order 

programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 

duplication by industry and public 

sector agencies. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rule. 

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.

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 

2004–05 crop year began on August 1, 

2004, and the marketing order requires 

that the rate of assessment for each crop 

year apply to all assessable 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, Plums, 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, 2004, an 

assessment rate of $6.00 per ton is 

established for California dried prunes.

Dated: January 31, 2005. 

Kenneth C. Clayton, 

Acting Administrator, Agricultural Marketing 

Service.

[FR Doc. 05–2153 Filed 2–3–05; 8:45 am] 

BILLING CODE 3410–02–P

NATIONAL CREDIT UNION 

ADMINISTRATION 

12 CFR Chap. VII 

Request for Burden Reduction 

Recommendation; Safety and 

Soundness and Anti-Money 

Laundering Regulations; Economic 

Growth and Regulatory Paperwork 

Reduction Act of 1996 Review

AGENCY: National Credit Union 

Administration (NCUA).

ACTION: Notice of regulatory review; 

request for comments. 

SUMMARY: The NCUA Board is 

continuing its review of its regulations 

to identify outdated, unnecessary, or 

unduly burdensome regulatory 

requirements imposed on federallyinsured credit unions pursuant to the 

Economic Growth and Regulatory 

Paperwork Reduction Act of 1996 

(EGRPRA). Today, NCUA requests 

comments and suggestions on ways to 

reduce burden in rules that govern 

safety and soundness and anti-money 

laundering, consistent with our 

statutory obligations. All comments are 

welcome. 

We will analyze the comments 

received and propose burden reducing 

changes to our regulations where 

appropriate. Some suggestions for 

burden reduction might require 

legislative changes. Where legislative 

changes would be required, we will 

consider the suggestions in 

recommending appropriate changes to 

Congress.

DATES: Comment must be received on or 

before May 5, 2005.

ADDRESSES: You may submit comments 

by any of the following methods (Please 

send comments by one method only): 

• Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

• NCUA Web Site: http://

www.ncua.gov/

RegulationsOpinionsLaws/

proposed_regs/proposed_regs.html.

Follow the instructions for submitting 

comments. 

• E-mail: Address to 

regcomments@ncua.gov. Include ‘‘[Your 

name] Comments on Fourth EGRPRA 

Notice’’ in the e-mail subject line. 

• Fax: (703) 518–6319. Use the 

subject line described above for e-mail. 

• Mail: Address to Mary Rupp, 

Secretary of the Board, National Credit 

Union Administration, 1775 Duke 

Street, Alexandria, Virginia 22314–

3428. 

• Hand Delivery/Courier: Same as 

mail address.

Public inspection: All public 

comments are available on the agency’s 

Web site at http://www.ncua.gov/

RegulationsOpinionsLaws/comments as 

submitted, except as may not be 

possible for technical reasons. Public 

comments will not be edited to remove 

any identifying or contact information. 

Paper copies of comments may be 

inspected in NCUA’s law library, at 

1775 Duke Street, Alexandria, Virginia 

22314, by appointment weekdays 

between 9 a.m. and 3 p.m. To make an 

appointment, call (703) 518–6546 or 

send an e-mail to OGC_Mail@ncua.gov.

FOR FURTHER INFORMATION CONTACT: Ross 

P. Kendall, Staff Attorney, Office of 

General Counsel, at the above address or 

telephone (703) 518–6562.

SUPPLEMENTARY INFORMATION:

I. Introduction 

NCUA seeks public comment and 

suggestions on ways it can reduce 

regulatory burdens consistent with our 

statutory obligations. Today, we request 

input to help identify which 

requirements in two regulatory 

categories—Safety and Soundness and 

Anti-Money Laundering—are outdated, 

unnecessary, or unduly burdensome.