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Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Proposed Rules
Agricultural Marketing Service 7 CFR Part 993
Doc. No. AMSSC200104; SC219931
PR

Dried Prunes Produced in California;
Increased Assessment Rate Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
AGENCY:

This proposed rule would implement a recommendation from the Prune Marketing Committee Committee to increase the assessment rate established for the 202021 and subsequent crop years. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
DATES: Comments must be received by June 11, 2021.
ADDRESSES: Interested persons are invited to submit written comments concerning this proposed rule.
Comments must be sent to the Docket Clerk, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 202500237; or internet: https
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:
https 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:
Bianca Bertrand, Management and Program Analyst, or Andrew Hatch, Acting Director, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone:
5593568202 or email:
BiancaM.Bertrand@usda.gov or Andrew.Hatch@usda.gov.
Small businesses may request information on complying with this regulation by contacting Richard Lower, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 202500237; Telephone: 202 720
2491, Fax: 202 7208938, or email:
Richard.Lower@usda.gov.

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SUMMARY:

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This action, pursuant to 5 U.S.C. 553, proposes to amend regulations issued to carry out a marketing order as defined in 7 CFR 900.2j. This proposed rule is issued under Marketing Agreement and Order No. 993, as amended 7 CFR part 993, regulating the handling of dried prunes produced in California. Part 993
referred to as the Order is effective under the Agricultural Marketing Agreement Act of 1937, as amended 7
U.S.C. 601674, hereinafter referred to as the Act. The Committee locally administers the Order and is comprised of producers and handlers of dried prunes operating within the production area, and a public member.
The Department of Agriculture USDA is issuing this proposed rule in conformance with Executive Orders 13563 and 13175. In accordance with Executive Order 13175, AMS has not identified any tribal implications as a result of this proposed rule. This proposed rule falls within a category of regulatory actions that the Office of Management and Budget OMB
exempted from Executive Order 12866
review.
This proposed rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the 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 would be applicable to all assessable dried prunes for the 2020
21 crop year 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 608c15A 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 USDAs ruling on the petition, provided an action is filed no later than 20 days after the date of the entry of the ruling.
This proposed rule would increase the assessment rate from $0.25 per ton of salable dried prunes, the rate that was established for the 201920 and subsequent crop years, to $0.28 per ton
SUPPLEMENTARY INFORMATION:

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of salable dried prunes for the 202021
and subsequent crop years.
The Order authorizes 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 are familiar with the Committees needs and with the costs of goods and services in their local area and are 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 201920 and subsequent crop years, the Committee recommended, and USDA approved, an assessment rate of $0.25 per ton of salable dried prunes.
That assessment rate continues 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 December 10, 2020, and unanimously recommended expenditures of $24,550 and an assessment rate of $0.28 per ton of salable dried prunes handled for the 202021 and subsequent crop years. In comparison, last years budgeted expenditures were $24,500. The proposed assessment rate of $0.28 is $0.03 higher than the rate currently in effect. The Committee recommended increasing the assessment rate due to a smaller crop, and to provide adequate income along with carryforward/
contingency funds and interest income to cover all of the Committees budgeted expenses for the 202021 crop year.
The major expenditures recommended by the Committee for the 202021 crop year include $13,700 for personnel expenses, and $10,850 for operating expenses. Budgeted expenses for these items for the 201920 crop year were $13,300 for personnel expenses, and $11,200 for operating expenses.
The Committee derived the recommended assessment rate by considering anticipated expenses, and an estimated crop of 50,000 tons of salable dried prunes. Income derived from handler assessments, calculated at $14,000 50,000 tons salable dried prunes multiplied by $0.28 assessment rate, along with carryforward/
contingency funds and interest income $11,682, would be adequate to cover budgeted expenses of $24,550.
The assessment rate proposed in this rule would continue in effect indefinitely unless modified, suspended, or terminated by USDA

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