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6326 Federal Register / Vol. 70, No.

24 / Monday, February 7, 2005 / Rules and Regulations

Also, a 60-day comment period was DEPARTMENT OF AGRICULTURE DC 20250–0237; Telephone: (202) 720–
provided for in the proposed rule, and 2491, Fax: (202) 720–8938, or E-mail:
no comments were received from the Agricultural Marketing Service Jay.Guerber@usda.gov.
California olive industry. SUPPLEMENTARY INFORMATION: This final
7 CFR Part 989
List of Subjects in 7 CFR Part 932 rule is issued under Marketing
[Docket No. FV05–989–1 FR] Agreement and Order No. 989 (7 CFR
Marketing agreements, Olives, part 989), both as amended, regulating
Reporting and recordkeeping Raisins Produced From Grapes Grown the handling of raisins produced from
requirements. in California; Increased Assessment grapes grown in California, hereinafter
Rate referred to as the ‘‘order.’’ The order is
■ For the reasons set forth in the effective under the Agricultural
preamble, 7 CFR part 932 is amended as AGENCY: Agricultural Marketing Service,
Marketing Agreement Act of 1937, as
follows: USDA.
amended (7 U.S.C. 601–674), hereinafter
ACTION: Final rule. referred to as the ‘‘Act.’’
PART 932—OLIVES GROWN IN The Department of Agriculture
CALIFORNIA SUMMARY: This rule increases the
(USDA) is issuing this rule in
assessment rate established for the
conformance with Executive Order
■ 1. The authority citation for 7 CFR part Raisin Administrative Committee
12866.
932 continues to read as follows: (Committee) for the 2004–05 and
This rule has been reviewed under
subsequent crop years from $8.00 to
Authority: 7 U.S.C. 601–674. Executive Order 12988, Civil Justice
$11.00 per ton of free tonnage raisins
Reform. Under the marketing order now
acquired by handlers, and reserve
■ 2. Section 932.121 is revised to read as in effect, California raisin handlers are
tonnage raisins released or sold to
follows: subject to assessments. Funds to
handlers for use in free tonnage outlets.
administer the order are derived from
§ 932.121 Producer districts. The Committee locally administers the
such assessments. It is intended that the
Federal marketing order which regulates
Pursuant to the authority in assessment rate increased herein will be
the handling of raisins produced from
§ 932.35(k), commencing with the term applicable to all assessable raisins
grapes grown in California (order).
of office beginning June 1, 2005, district beginning on August 1, 2004, and
Authorization to assess raisin handlers
means any of the following geographical continue until amended, suspended, or
enables the Committee to incur
areas of the State of California: terminated. This rule will not preempt
expenses that are reasonable and
any State or local laws, regulations, or
(a) District 1 shall include the necessary to administer the program.
policies, unless they present an
counties of Alpine, Tuolumne, The crop year runs from August 1
irreconcilable conflict with this rule.
Stanislaus, Santa Clara, Santa Cruz, and through July 31. The 2004–05 crop is The Act provides that administrative
all counties north thereof. smaller than normal, and no volume proceedings must be exhausted before
regulation will be implemented this parties may file suit in court. Under
(b) District 2 shall include the year. As a result, some expenses funded
counties of Mono, Mariposa, Merced, section 608c(15)(A) of the Act, any
by handler assessments will increase. handler subject to an order may file
San Benito, Monterey and all counties The $8.00 per ton assessment rate will
south thereof. with USDA a petition stating that the
not generate enough revenue to cover order, any provision of the order, or any
■ 3. Section 932.125 is revised to read as expenses. The $11.00 per ton obligation imposed in connection with
follows: assessment will remain in effect the order is not in accordance with law
indefinitely unless modified, and request a modification of the order
§ 932.125 Producer representation on the suspended, or terminated. or to be exempted therefrom. Such
committee. EFFECTIVE DATE: February 8, 2005. handler is afforded the opportunity for
Pursuant to the authority in §§ 932.25 FOR FURTHER INFORMATION CONTACT: a hearing on the petition. After the
and 932.35(k), commencing with the Martin Engeler, Assistant Regional hearing USDA would rule on the
term of office beginning June 1, 2005, Manager, California Marketing Field petition. The Act provides that the
representation shall be apportioned as Office, Marketing Order Administration district court of the United States in any
follows: Branch, Fruit and Vegetable Programs, district in which the handler is an
AMS, USDA, 2202 Monterey Street, inhabitant, or has his or her principal
(a) District 1 shall be represented by
Suite 102B, Fresno, California 93721; place of business, has jurisdiction to
three producer members and alternates. Telephone: (559) 487–5901; Fax: (559) review USDA’s ruling on the petition,
(b) District 2 shall be represented by 487–5906; or George Kelhart, Technical provided an action is filed not later than
five producer members and alternates. Advisor, Marketing Order 20 days after the date of the entry of the
Dated: February 1, 2005. Administration Branch, Fruit and ruling.
Vegetable Programs, AMS, USDA, 1400 This final rule increases the
Kenneth C. Clayton,
Independence Avenue, SW., STOP assessment rate established under the
Acting Administrator, Agricultural Marketing 0237, Washington, DC 20250–0237; order for the 2004–05 and subsequent
Service. Telephone: (202) 720–2491; Fax: (202) crop years from $8.00 to $11.00 per ton
[FR Doc. 05–2216 Filed 2–4–05; 8:45 am] 720–8938. of free tonnage raisins acquired by
BILLING CODE 3410–02–P Small businesses may request handlers, and reserve tonnage raisins
information on complying with this released or sold to handlers for use in
regulation by contacting Jay Guerber, free tonnage outlets. Authorization to
Marketing Order Administration assess raisin handlers enables the
Branch, Fruit and Vegetable Programs, Committee to incur expenses that are
AMS, USDA, 1400 Independence reasonable and necessary to administer
Avenue, SW., STOP 0237, Washington, the program. The 2004–05 crop is

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Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Rules and Regulations 6327

smaller than normal, and no volume assumption that volume regulation total compliance activity costs budgeted
regulation will be implemented this would be implemented. Under this at $500,000 ($250,000 allocated to the
year. As a result, some expenses funded scenario, the Committee recommended reserve budget and $250,000 allocated
by handler assessments will increase. an administrative budget of expenses to the administrative budget) were
The $8.00 per ton assessment rate will totaling $2,200,000 and a reserve pool reduced to $320,000, to be funded from
not generate enough revenue to cover budget of $2,839,225. The assessment the administrative budget. Purchase of
expenses. This action was rate would remain unchanged at $8.00 equipment was also reduced, from a
recommended by the Committee at a per ton. This assessment rate applied to combined amount of $50,000, to
meeting on October 5, 2004. estimated acquisitions of raisins by $25,000 funded from the administrative
Sections 989.79 and 989.80, handlers of 275,000 tons would provide budget.
respectively, of the order provide adequate revenue to fund the Other costs usually split between the
authority for the Committee, with the administrative budget. reserve pool and administrative budgets
approval of USDA, to formulate an The second budget scenario that will be funded by the
annual budget of expenses and collect recommended was based on the premise administrative budget include general
assessments from handlers to administer that volume regulation would not be overhead costs such as salaries, taxes,
the program. The members of the implemented for the 2004–05 season. retirement and other benefits, insurance,
Committee are producers and handlers Under this scenario, various expenses rent, office supplies, and Committee
of California raisins. They are familiar typically split between the reserve pool travel. These costs remain the same
with the Committee’s needs and with budget and the administrative budget regardless of whether there is a reserve
the costs of goods and services in their would be funded by the administrative pool, as they are necessary to continue
local area and are thus in a position to budget. In addition, some expense administration of the program. Finally,
formulate an appropriate budget and categories would be eliminated, some $836,000 in costs associated with
assessment rate. The assessment rate is reduced, and another would be administering export programs will be
formulated and discussed in a public allocated to the existing 2003–04 reserve funded by the existing 2003–04 reserve
meeting. Thus, all directly affected pool budget. The administrative budget pool budget, and $536,000 will be
persons have an opportunity to would increase to $3,025,000, thus funded under the administrative budget
participate and provide input. necessitating an increase in the for 2004–05.
Section 989.79 also provides authority assessment rate to $11.00 per ton. A direct comparison of expenses
for the Committee to formulate an The Committee met on October 5,
between the recommended 2004–05
annual budget of expenses likely to be 2004, and determined that no volume
budget and the 2003–04 budget is
incurred during the crop year in regulation for the 2004–05 crop year
difficult because the 2004–05 budget is
connection with reserve raisins held for was warranted because of a short crop.
the account of the Committee. A certain The crop estimate for Natural (sun- only administrative, whereas in 2003–
percentage of each year’s raisin crop dried) Seedless raisins, the major raisin 04 there was an administrative and a
may be held in a reserve pool during variety produced, was 199,344 tons. If reserve pool budget. In total, the 2004–
years when volume regulation is realized, this would be the smallest crop 05 recommended administrative budget
implemented to help stabilize raisin in over 20 years. Production of other of $3,025,000 compares to the 2003–04
supplies and prices. The remaining varietal types was also estimated to be administrative budget of $2,000,000.
‘‘free’’ percentage may be sold by relatively low. The lack of volume However, the $3,025,000 administrative
handlers to any market. Reserve raisins regulation triggered implementation of budget is $1,609,800 less than the
are disposed of through various the Committee’s recommendation for an combined 2003–04 administrative and
programs authorized under the order. administrative budget of $3,025,000 and reserve pool budgets of $4,634,800.
Reserve pool expenses are deducted an increased assessment rate from $8.00 Major expense categories include
from proceeds obtained from the sale of per ton to $11.00 per ton. $1,000,000 for salaries, $536,000 for
reserve raisins. Net proceeds are In developing this budget, the export program activities
returned to the pool’s equity holders, Committee reviewed and identified (administrative budget only), $320,000
primarily producers. those expenses that were considered for compliance activities, $150,000 for
When volume regulation is in effect, reasonable and necessary to continue group health insurance, $110,000 for
an administrative budget funded by operation of the raisin marketing order rent, $120,000 for Committee member
handler assessments is developed, and a program. Several costs normally and staff travel, and $110,000 for
reserve pool budget funded by the associated with administering a reserve computer software and programming.
current year’s reserve pool is developed. pool were eliminated, such as insurance A continuous assessment rate of $8.00
Committee costs are apportioned coverage ($400,000), costs for repairing per ton has been in effect since the
between the two revenue sources. When reserve storage bins ($300,000), raisin 2002–03 crop year. For the 2004–05
volume regulation is not implemented, hauling costs ($65,000), auditing fees crop year, the Committee recommended
the Committee develops an ($20,000), and bank charges ($20,000). increasing the assessment rate to $11.00
administrative budget funded solely Other costs usually split between the per ton of assessable raisins to cover
from handler assessments. administrative and reserve pool budgets recommended administrative
When the Committee met on August were also to be eliminated, such as expenditures of $3,025,000. The
12, 2004, it recommended two budget production of industry brochures recommended $11.00 per ton
scenarios for the 2004–2005 crop year to ($20,000) and research and assessment rate was derived by dividing
accommodate both situations, because it communication activities ($70,000). It the $3,025,000 in anticipated expenses
was not known at that time if volume was determined that these activities, by an estimated 275,000 tons of
regulation would be implemented. At while desirable, could be eliminated assessable raisins. Sufficient income
that time, it appeared the crop may be without adversely impacting Committee should be generated at the higher
short, but the initial crop estimate operations. assessment rate for the Committee to
would not be available until a later date. Other expenses traditionally split meet its anticipated expenses. Pursuant
The first budget scenario between the reserve and administrative to § 989.81(a) of the order, any
recommended was premised on the budgets were reduced. For example, unexpended assessment funds from the

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6328 Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Rules and Regulations

crop year must be credited or refunded handlers, and a majority of producers, of $110,000 for computer software and
to the handlers from whom collected. California raisins may be classified as programming, ($107,800).
The assessment rate established in small entities. With anticipated assessable tonnage at
this rule will continue in effect This rule increases the assessment 275,000 tons, sufficient income should
indefinitely unless modified, rate established for the Committee and be generated at the $11.00 per ton
suspended, or terminated by USDA collected from handlers for the 2004–05 assessment rate to meet expenses.
upon recommendation and other and subsequent crop years from $8.00 to Pursuant to § 989.81(a) of the order, any
information submitted by the $11.00 per ton of assessable raisins unexpended assessment funds from the
Committee or other available acquired by handlers. The 2004–05 crop crop year must be credited or refunded
information. is estimated to be smaller than normal, to the handlers from whom collected.
Although this assessment rate will be and as a result, the Committee The industry considered an
in effect for an indefinite period, the determined that volume regulation for alternative assessment rate and budget
Committee will continue to meet prior the season was not warranted. prior to arriving at the $11.00 per ton
to or during each crop year to When volume regulation is in effect, and $3,025,000 administrative budget
recommend a budget of expenses and the Committee establishes two budgets; recommendation. The Committee’s
consider recommendations for one for administrative expenses funded Audit Subcommittee met on July 1,
modification of the assessment rate. The by handler assessments, and one for 2004, to review preliminary budget
dates and times of Committee meetings expenses incurred in connection with a information. The subcommittee was
are available from the Committee or reserve pool. Many of the Committee aware that the 2004–05 crop may be
USDA. Committee meetings are open to costs are split between the reserve pool short and no volume regulation may be
the public and interested persons may budget and the administrative budget. implemented. The subcommittee thus
express their views at these meetings. When no volume regulation is in developed two budgets and assessment
USDA will evaluate Committee effect during a crop year, there is no rates to accommodate a scenario with
recommendations and other available reserve pool budget for that crop year. volume regulation and another scenario
information to determine whether However, the Committee continues to with no volume regulation. If volume
modification of the assessment rate is incur fixed costs associated with regulation was to be implemented, the
needed. Further rulemaking will be administering the marketing order assessment rate would remain at $8.00
undertaken as necessary. The program. Therefore, the Committee per ton. If volume regulation was not
Committee’s 2004–05 budget and those reviewed and identified the expenses implemented, costs typically allocated
for subsequent crop years will be that would be reasonable and necessary to a reserve pool budget would be
reviewed and, as appropriate, approved to continue program operations without absorbed by the administrative budget,
by USDA. a reserve pool in effect during the 2004– thus necessitating an increased
05 crop year. Operating expenses assessment rate to $11.00 per ton. The
Final Regulatory Flexibility Analysis typically split between the Committee approved these budget and
Pursuant to requirements set forth in administrative and reserve pool budgets assessment recommendations on August
the Regulatory Flexibility Act (RFA), the were allocated to the administrative 12, 2004.
Agricultural Marketing Service (AMS) budget, some expenses were reduced, The Committee met again on October
has considered the economic impact of some expenses were eliminated, and 5, 2004, and determined that volume
this action on small entities. some export program activity expenses regulation was not warranted for the
Accordingly, AMS has prepared this were allocated to the existing 2003–04 season. This triggered implementation
final regulatory flexibility analysis. reserve pool budget. of the Committee’s recommendation for
The purpose of the RFA is to fit The resulting administrative budget an administrative budget of $3,025,000
regulatory actions to the scale of recommended includes expenses and assessment rate of $11.00 per ton.
business subject to such actions in order totaling $3,025,000 for the 2004–05 crop A review of statistical data on the
that small businesses will not be unduly year. While this is an increase from the California raisin industry indicates that
or disproportionately burdened. 2003–04 administrative budget of assessment revenue has consistently
Marketing orders issued pursuant to the $2,000,000, it represents a decrease in been less than one percent of grower
Act, and rules issued thereunder, are the 2003–04 combined administrative revenue in recent years. A grower price
unique in that they are brought about and reserve pool budgets which totaled of a minimum of $1,210 per ton for the
through group action of essentially $4,634,800. 2004–05 crop raisins has been
small entities acting on their own Because the 2004–05 administrative announced by the Raisin Bargaining
behalf. Thus, both statutes have small budget funded some of the costs Association. If this price is realized,
entity orientation and compatibility. typically allocated to a reserve budget, assessment revenue will continue to be
There are approximately 20 handlers a direct comparison to 2003–04 less than one percent of grower revenue
of California raisins who are subject to administrative costs would be difficult. in the 2004–05 crop year, even with the
regulation under the order and A comparison of 2004–05 recommended increased assessment rate.
approximately 4,500 raisin producers in administrative expenditures to Regarding the impact of this action on
the regulated area. Small agricultural combined 2003–04 administrative and affected entities, this action will
firms are defined by the Small Business reserve pool budget expenditures increase the assessment obligation
Administration (13 CFR 121.201) as therefore follows: 2004–05 salaries, imposed on handlers. While
those having annual receipts of less that $1,000,000 (2003–04 combined assessments impose some additional
$5,000,000, and small agricultural budgeted expenditures for salaries was costs on handlers, the costs are minimal
producers are defined as those having $1,000,000); $456,000 for export and uniform on all handlers. Some of
annual receipts of less than $750,000. program activities, ($1,246,000); the additional costs may be passed on
Thirteen of the 20 handlers subject to $320,000 for compliance activities, to producers. However, these costs will
regulation have annual sales estimated ($320,000); $150,000 for group health be offset by the benefits derived by the
to be at least $5,000,000, and the insurance, ($165,000); $110,000 for rent, operation of the marketing order.
remaining 7 handlers have sales less ($106,000); $120,000 for Committee Additionally, the Audit
than $5,000,000. No more than 7 member and staff travel, ($120,000); and Subcommittee and full Committee

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Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Rules and Regulations 6329

meetings held on July 1, 2004, and was recommended at a public meeting. residential mortgage lending practices.
August 12, 2004, respectively, where Also, a 10-day comment period was They also describe other terms and
this action was deliberated were public provided for in the proposed rule, and practices that may be conducive to
meetings widely publicized throughout no comments from the California raisin predatory, abusive, unfair, or deceptive
the California raisin industry. All industry were received. lending practices, depending on the
interested persons were invited to circumstances, and which, accordingly,
attend the meetings and participate in List of Subjects in 7 CFR Part 989 warrant a heightened degree of care by
the industry’s deliberations. Grapes, Marketing agreements, lenders. In addition, the Guidelines
This final rule imposes no additional Raisins, Reporting and recordkeeping address the steps that banks should take
reporting or recordkeeping requirements requirements. to mitigate risks associated with their
on either small or large raisin handlers. ■ For the reasons set forth in the purchase of residential mortgage loans
As with all Federal marketing order preamble, 7 CFR part 989 is amended as and use of mortgage brokers to originate
programs, reports and forms are follows: loans. The Guidelines focus on the
periodically reviewed to reduce substance of activities and practices, not
information requirements and PART 989—RAISINS PRODUCED on the creation of policies. The
duplication by industry and public FROM GRAPES GROWN IN standards contained in the Guidelines
sector agencies. Finally, USDA has not CALIFORNIA are enforceable pursuant to section 39 of
identified any relevant Federal rules the Federal Deposit Insurance Act and
that duplicate, overlap, or conflict with ■ 1. The authority citation for 7 CFR part the implementing process set forth in
this rule. 989 continues to read as follows: part 30 of the OCC’s regulations.
A proposed rule concerning this Authority: 7 U.S.C. 601–674. EFFECTIVE DATE: April 8, 2005.
action was published in the Federal ■ 2. Section 989.347 is revised to read as FOR FURTHER INFORMATION CONTACT: For
Register on December 10, 2004 (69 FR follows: questions concerning the Guidelines,
71753). Copies of the proposed rule contact Michael Bylsma, Director,
were also mailed or sent via facsimile to § 989.347 Assessment rate.
Community and Consumer Law
all raisin handlers. Finally, the On and after August 1, 2004, an Division, (202) 874–5750, Michele
proposed rule was made available assessment rate of $11.00 per ton is Meyer, Special Counsel, Legislative &
through the Internet by USDA and the established for assessable raisins Regulatory Activities Division, (202)
Office of the Federal Register. A 10-day produced from grapes grown in 874–5090, or Rick Freer, National Bank
comment period ending December 20, California. Examiner, Compliance, (202) 874–4428,
2004, was provided to allow interested Dated: February 1, 2005. 250 E Street, SW., Washington, DC
persons to respond to the proposal. 20219.
One comment was received in Kenneth C. Clayton,
reference to the proposal. The comment Acting Administrator, Agricultural Marketing SUPPLEMENTARY INFORMATION:
did not address anything specific to the Service.
[FR Doc. 05–2217 Filed 2–4–05; 8:45 am]
Background
proposed rule. No changes are made to
the final rule in response to the BILLING CODE 3410–02–P National banks are authorized by
comment. statute to engage in real estate lending
A small business guide on complying activities, subject to the requirements of
with fruit, vegetable, and specialty crop DEPARTMENT OF THE TREASURY Federal law,1 and national banks’ real
marketing agreements and orders may estate lending is closely supervised and
be viewed at: http://www.ams.usda.gov/ Office of the Comptroller of the comprehensively regulated under a
fv/moab.html. Any questions about the Currency regulatory framework that includes a
compliance guide should be sent to Jay wide variety of Federal laws and
Guerber at the previously mentioned 12 CFR Part 30 regulations designed to ensure the
address in the FOR FURTHER INFORMATION protection of consumers of banks’
[Docket No. 05–02] residential mortgage products and
CONTACT section.
After consideration of all relevant RIN 1557–AC93 services.2
material presented, including the Fair treatment of customers is
recommendation and information OCC Guidelines Establishing fundamental to sound banking practices
submitted by the Committee and other Standards for Residential Mortgage
available information, the comment Lending Practices 1 12 U.S.C. 371(a); and see 12 CFR part 34 (OCC

rules governing real estate lending and appraisals


received, it is hereby found that this AGENCY: Office of the Comptroller of the implementing 12 U.S.C. 1828(o)).
rule, as hereinafter set forth, will tend Currency, Treasury. 2 Federal consumer protection laws and

to effectuate the declared policy of the regulations that apply with respect to the
ACTION: Appendix to regulations; final residential real estate lending activities of national
Act. guidelines. banks and their operating subsidiaries include: the
It is further found that good cause Federal Trade Commission Act, 15 U.S.C. 41 et seq.;
exists for not postponing the effective SUMMARY: The Office of the Comptroller the Truth in Lending Act, 15 U.S.C. 1601 et seq.;
date of this rule until 30 days after of the Currency (OCC) is issuing, as an the Home Ownership and Equity Protection Act, 15
U.S.C. 1639 et seq.; the Fair Housing Act, 42 U.S.C.
publication in the Federal Register (5 appendix to part 30 of its regulations, 3601 et seq.; the Equal Credit Opportunity Act, 15
U.S.C. 553) because the marketing order guidelines concerning the residential U.S.C. 1691 et seq.; the Real Estate Settlement
requires that the rate of assessment for mortgage lending practices of national Procedures Act, 12 U.S.C. 1261 et seq.; the Flood
each crop year apply to assessable banks and their operating subsidiaries Disaster Protection Act, 42 U.S.C. 4001 et seq.; the
Home Mortgage Disclosure Act, 12 U.S.C. 2801 et
raisins handled during such period. The (Guidelines) as a further step to protect seq.; the Fair Credit Reporting Act, 15 U.S.C. 1681
crop year began on August 1, 2004, and against national bank involvement in et seq., as recently amended by the Fair and
the harvest is completed. The predatory, abusive, unfair, or deceptive Accurate Credit Transactions Act of 2003, Pub. L.
108–159, 111 Stat. 1952; the Fair Debt Collection
Committee needs additional revenues to residential mortgage lending practices. Practices Act, 15 U.S.C. 1692 et seq.; and the
meet its ongoing expenses. Further, The Guidelines describe particular privacy provisions of Title V of the Gramm-Leach-
handlers are aware of this rule, which practices inconsistent with sound Bliley Act, 15 U.S.C. 6801 et seq.

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