50188 Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Rules and Regulations 

change to a different dental or vision 

plan that serves that area. 

(ii) If you have since gained or lost an 

eligible family member, you may change 

your type of enrollment consistent with 

the change in the number of eligible 

family members. 

(3) If you return to Federal service as 

a new hire after a break in service of 30 

days or more, you may enroll if you 

were not previously enrolled, change 

your dental or vision plan, and/or 

change your type of enrollment. 

Subpart F—Termination or 

Cancellation of Coverage 

§ 894.601 When does my FEDVIP coverage 

stop? 

(a) If you no longer meet the 

definition of an eligible employee or 

annuitant, your FEDVIP coverage stops 

at the end of the pay period in which 

you were last eligible. 

(b) If you go into a period of nonpay 

or insufficient pay, and you do not make 

direct premium payments, your FEDVIP 

coverage stops at the end of the pay 

period for which your agency, 

retirement system, or OWCP last made 

a premium allotment from your pay. 

(c) If you are making direct premium 

payments, and you stop making the 

payments, your FEDVIP coverage stops 

at the end of the pay period for which 

you last made a payment. 

(d) If you cancel your enrollment 

during an open season, your FEDVIP 

coverage stops at midnight of the day 

before the effective date of an open 

season change as set by OPM. 

(e) If you are enrolled with a 

combination dental and vision carrier 

with a restricted service area, and you 

move outside the carrier’s service area 

to a service area that does not offer a 

combination carrier and you change to 

a dental only or vision only carrier, your 

existing combination plan coverage will 

stop at midnight of the day before the 

effective date of your new plan 

coverage. 

(f) If your FEDVIP carrier discontinues 

participation in the program at the end 

of the contract year, then you must 

change to another carrier during the 

open season, unless OPM establishes a 

different time. If the discontinuance is 

at a time other than the end of the 

contract year, OPM will establish a time 

and effective date for you to change 

your carrier. If you do not change your 

carrier within the time set by OPM, your 

coverage will stop at midnight of the 

day before the effective date set by OPM 

for coverage with another carrier. 

§ 894.602 May I cancel my enrollment at 

any time? 

No. You may only cancel your 

enrollment during an open season. 

Exceptions: You may cancel your dental 

and/or vision enrollment if you transfer 

to an eligible position with a Federal 

agency that provides dental and/or 

vision coverage with 50 percent or more 

employer-paid premiums. You may also 

cancel upon your deployment or your 

spouse’s deployment to active military 

duty. These cancellations will become 

effective at the end of the pay period 

that you submit your request. 

§ 894.603 Is there an extension of 

coverage and right to convert when my 

coverage stops or when a covered family 

member loses eligibility? 

No. There is no extension of coverage 

or right to convert to an individual 

policy or Temporary Continuation of 

Coverage (TCC) when your FEDVIP 

coverage stops or when a family 

member loses eligibility under the 

Program. 

Subpart G—Annuitants and 

Compensationers 

§ 894.701 May I keep my dental and/or 

vision coverage when I retire or start 

receiving workers’ compensation? 

(a) Your FEDVIP coverage continues if 

you retire on an immediate annuity or 

on a disability annuity, or start receiving 

compensation from OWCP. 

(b) If you retire on a Minimum 

Retirement Age +10 annuity that you 

elect to postpone in accordance with 5 

U.S.C. 8412(g), your FEDVIP coverage 

will stop when you separate from 

service. However, you may enroll again 

within 60 days of when your annuity 

starts. 

(c) If you retire on a deferred annuity 

in accordance with 5 U.S.C. 8413, your 

FEDVIP coverage stops and you are not 

eligible to enroll. 

§ 894.702 May I participate in open season 

and make changes to my enrollment as an 

annuitant or compensationer? 

Yes. Annuitants and compensationers 

may participate in open season and 

make enrollment changes under the 

same circumstances as active 

employees. 

§ 894.703 How long does my coverage as 

an annuitant or compensationer last? 

Your coverage as an annuitant or 

compensationer continues as long as 

you continue receiving an annuity or 

compensation and pay your premiums, 

unless you cancel your coverage during 

an open season or terminate coverage 

due to insufficient annuity or 

compensation. 

§ 894.704 What happens if I retire and then 

come back to work for the Federal 

Government? 

(a) If you have FEDVIP coverage as an 

annuitant, and you become reemployed 

in an eligible position in Federal 

service, you must contact the 

Administrator so it can send the request 

for allotments to your agency so your 

agency can start making the allotments 

from your pay. 

(b) If you did not enroll in FEDVIP 

coverage as an annuitant and become 

reemployed in an eligible Federal 

position, you have 60 days to enroll in 

FEDVIP. 

(c) If you enroll as an employee the 

Administrator will stop sending 

requests for allotments from your 

annuity. 

(d) If your reemployment terminates, 

you must notify the Administrator 

within 30 days to have your allotments 

withheld from your annuity payments. 

Otherwise, your FEDVIP coverage will 

terminate due to non-payment of 

premiums. 

Subpart H—Benefits in Underserved 

Areas 

§ 894.801 Will benefits be available in 

underserved areas? 

(a) Dental and vision plans under 

FEDVIP will include underserved areas 

in their service areas and provide 

benefits to enrollees in underserved 

areas. 

(b) In any area where a FEDVIP dental 

or vision plan does not meet OPM 

access standards, including underserved 

areas, enrollees may receive services 

from non-network providers. 

(c) Contracts under FEDVIP shall 

include access standards as defined by 

OPM and payment levels for services to 

non-network providers in areas that do 

not meet access standards. 

[FR Doc. E8–19761 Filed 8–25–08; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 987 

[Docket No. AMS–FV–08–0056; FV08–987–

1 IFR] 

Domestic Dates Produced or Packed in 

Riverside County, CA; Decreased 

Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim final rule with request 

for comments. 


sroberts on PROD1PC76 with RULES
Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Rules and Regulations 50189 

SUMMARY: This rule decreases the 

assessment rate established for the 

California Date Administrative 

Committee (Committee) for the 2008–09 

and subsequent crop years from $0.75 to 

$0.60 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 will remain in effect 

indefinitely unless modified, 

suspended, or terminated. 

DATES: Effective August 27, 2008. 

Comments received by October 27, 

2008, will be considered prior to 

issuance of a final rule. 

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. 

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@usda.gov or 

Kurt.Kimmel@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@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 issued herein will be 

applicable to all assessable dates 

beginning October 1, 2008, 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 decreases the assessment 

rate established for the Committee for 

the 2008–09 and subsequent crop years 

from $0.75 per to $0.60 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 2007–08 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 May 29, 2008, 

and unanimously recommended 2008–

09 expenditures of $176,384 and an 

assessment rate of $0.60 per 

hundredweight of California dates. In 

comparison, last year’s budgeted 

expenditures were $209,182. The 

assessment rate of $0.60 is $0.15 lower 

than the rate currently in effect. The 

Committee recommended a lower 

assessment rate because the 2007 crop 

was larger than expected, resulting in 

excess assessment income and thus a 

larger reserve. Income generated 

through the lower assessment rate 

combined with reserve funds should be 

sufficient to cover anticipated 2008–09 

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 larger 2007 crop, the 

reserve at the end of the 2007–08 crop 

year is projected to exceed this limit. 

Excess assessment funds will be 

refunded to handlers to reduce the 

reserve and bring it in line with order 

requirements. 

Proceeds from sales of cull dates are 

deposited in a surplus account for 

subsequent use by the Committee in 

covering 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 2008–09 crop year, the 

Committee estimated that $4,500 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 

2008–09 crop year include $66,384 for 

general and administrative programs, 

$82,000 for promotional programs, and 

$28,000 for marketing and media 

consulting. The Committee also 

budgeted $10,000 as a contingency 

reserve for other marketing and 

promotion projects that it may wish to 


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50190 Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Rules and Regulations 

support later in the year. By 

comparison, expenditures 

recommended by the Committee for the 

2007–08 crop year include $87,312 for 

general and administrative programs, 

$67,870 for promotional programs, 

$24,000 for marketing and media 

consulting, $5,000 for moving expenses, 

and $5,000 for updating marketing 

materials. The Committee budgeted 

$20,000 as a contingency reserve for 

other marketing and promotion projects. 

The assessment rate of $0.60 per 

hundredweight of assessable dates was 

derived by applying the following 

formula where: 

A= 2007–08 estimated reserve on 09/ 

30/08 ($134,757); 

B= 2008–09 estimated reserve on 10/ 

01/09 ($78,996); 

C= 2008–09 expenses ($176,384); 

D= Cull Surplus Fund ($4,500); 

E= Assessment Refund ($15,877); and 

F= 2008–09 expected shipments 

(22,000,000 pounds). 

[(B¥A+C¥D+E)/F] *100. 

The assessment rate established in 

this rule will 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 is 

effective for an indefinite period, the 

Committee will 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 will be 

undertaken as necessary. The 

Committee’s 2008–09 budget and those 

for subsequent crop years will 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. 

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 $6,500,000. 

According to the National 

Agricultural Statistics Service (NASS), 

data for the most recently completed 

crop year (2006) shows that about 3.12 

tons, or 6,240 pounds, of dates were 

produced per acre. The 2006 grower 

price published by the NASS was 

$1,320 per ton, or $.66 per pound. Thus, 

the value of date production per acre in 

2006 averaged about $4,118 (6,240 

pounds times $.66 per pound). At that 

average price, a producer would have to 

farm over 182 acres to receive an annual 

income from dates of $750,000 

($750,000 divided by $4,118 per acre 

equals 182 acres). According to 

Committee staff, the majority of 

California date producers farm less than 

182 acres. Thus, it can be concluded 

that the majority of date producers 

could be considered small entities. The 

majority of handlers of California dates 

may also be considered small entities. 

This rule decreases the assessment 

rate established for the Committee and 

collected from handlers for the 2008–09 

and subsequent crop years from $0.75 to 

$0.60 per hundredweight of dates 

handled. The Committee unanimously 

recommended 2008–09 expenditures of 

$176,384 and an assessment rate of 

$0.60 per hundredweight of dates, 

which is $0.15 lower than the 2007–08 

rate, currently in effect. The quantity of 

assessable dates for the 2008–09 crop 

year is estimated at 22,000,000 pounds. 

Thus, the $0.60 rate should provide 

$132,000 in assessment income and, 

with reserve funds of $39,884 and the 

$4,500 contribution from the surplus 

program, will be adequate to meet the 

2008–09 crop year expenses. 

The major expenditures 

recommended by the Committee for the 

2008–09 crop year include $66,384 for 

general and administrative programs, 

$82,000 for promotional programs, and 

$28,000 for marketing and media 

consulting. The Committee also 

budgeted $10,000 as a contingency 

reserve for other marketing and 

promotion projects that it may wish to 

support later in the year. 

The Committee recommended a lower 

assessment rate because the 2007 crop 

was larger than expected, resulting in 

excess assessment income and thus a 

larger reserve. Income generated 

through the lower assessment rate 

combined with reserve funds should be 

sufficient to cover anticipated 2008–09 

expenses. 

The Committee reviewed and 

unanimously recommended 2008–09 

crop year expenditures of $176,384. 

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 

given the extra assessment income 

generated from the larger-than-expected 

2007–08 crop, it was ultimately 

determined that a $176,384 budget 

would be appropriate. The assessment 

rate of $0.60 per hundredweight of dates 

was then derived, based upon the 

Committee’s estimates of the incoming 

reserve, income, and anticipated 

expenses. 

According to the NASS, the season 

average grower price for 2007 crop dates 

is projected at $1,800 per ton, or $90 per 

hundredweight. No official NASS 

estimate is available yet for 2008. The 

average grower price for 2005–07 is 

$1,517 per ton, or $76 per 

hundredweight. 

To calculate the percentage of grower 

revenue represented by the assessment 

rate for 2007, the assessment rate of 

$0.75 (per hundredweight) is divided by 

the estimated average grower price. This 

results in estimated assessment revenue 

for the 2007–08 crop year as a 

percentage of grower revenue of .83 

percent ($0.75 divided by $90 per 

hundredweight). As previously 

mentioned, NASS data for 2008 is not 

yet available. However, applying the 

same calculations above using the 

average grower price for 2005–07 would 

result in estimated assessment revenue 

as a percentage total grower revenue of 

.79 percent for the 2008–09 crop year 

($0.60 divided by $76 per 

hundredweight). Thus, the assessment 

revenue should be well below 1 percent 

of estimated grower revenue in 2008. 

This action decreases the assessment 

obligation imposed on handlers. 

Assessments are applied uniformly on 

all handlers, and some of the costs may 

be passed on to producers. However, 

decreasing the assessment rate reduces 

the burden on handlers, and may reduce 

the burden on producers. 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 


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Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Rules and Regulations 50191 

participate in Committee deliberations 

on all issues. Like all Committee 

meetings, the May 29, 2008, 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 interim final rule, 

including the regulatory and 

informational impacts of this action on 

small businesses. 

This action imposes 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=

MarketingOrdersSmallBusinessGuide. 

Any questions about the compliance 

guide should be sent to Jay Guerber at 

the previously mentioned address in the 

FOR FURTHER INFORMATION CONTACT

section. 

After consideration of all relevant 

material presented, including the 

information and recommendation 

submitted by the Committee and other 

available information, it is hereby found 

that this rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act. 

Pursuant to 5 U.S.C. 553, it is also 

found and determined upon good cause 

that it is impracticable, unnecessary, 

and contrary to the public interest to 

give preliminary notice prior to putting 

this rule into effect, and that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because: (1) The 2008–09 crop year 

begins on October 1, 2008, and the 

marketing order requires that the rate of 

assessment for each crop year applies to 

all assessable dates handled during such 

crop year; (2) the action decreases the 

assessment rate for assessable dates 

beginning with the 2008–09 crop year; 

(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; and (4) this 

interim final rule provides a 60-day 

comment period, and all comments 

timely received will be considered prior 

to finalization of this rule. 

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 987—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, 2008, an 

assessment rate of $0.60 per 

hundredweight is established for 

California dates. 

Dated: August 20, 2008. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E8–19697 Filed 8–25–08; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 993 

[Docket No. AMS–FV–08–0060; FV08–993–

1 IFR] 

Dried Prunes Produced in California; 

Decreased Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: This rule decreases the 

assessment rate established for the 

Prune Marketing Committee 

(Committee) for the 2008–09 and 

subsequent crop years from $0.60 to 

$0.30 per ton of salable dried prunes. 

The Committee locally administers the 

marketing order that regulates the 

handling of dried prunes in California. 

Assessments upon dried prune handlers 

are used by the Committee to fund 

reasonable and necessary expenses of 

the program. The crop year began 

August 1 and ends July 31. The 

assessment rate will remain in effect 

indefinitely unless modified, 

suspended, or terminated. 

DATES: Effective August 27, 2008. 

Comments received by October 27, 

2008, will be considered prior to 

issuance of a final rule. 

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. 

FOR FURTHER INFORMATION CONTACT: 

Maureen Pello, Assistant Regional 

Manager, or Kurt 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: 

Maureen.Pello@usda.gov or 

Kurt.Kimmel@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@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 


sroberts on PROD1PC76 with RULES