Standards for Condition of Food Containers, 77327 [2013-30654]
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77327
Rules and Regulations
Federal Register
Vol. 78, No. 246
Monday, December 23, 2013
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 42
Standards for Condition of Food
Containers
CFR Correction
In Title 7 of the Code of Federal
Regulations, Parts 27 to 52, revised as of
January 1, 2013, on page 203, in
§ 42.132, in paragraph (a), in the table,
for the entry 6.5, under ‘‘Reduced’’, in
column T, the entry ‘‘1’’ is added.
[FR Doc. 2013–30654 Filed 12–20–13; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 984
[Doc. No. AMS–FV–13–0056; FV13–984–1
FR]
Walnuts Grown in California; Increased
Assessment Rate
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
This rule increases the
assessment rate established for the
California Walnut Board (Board) for the
2013–14 and subsequent marketing
years from $0.0175 to $0.0189 per
kernelweight pound of merchantable
walnuts. The Board locally administers
the marketing order, which regulates the
handling of walnuts grown in
California. Assessments upon walnut
handlers are used by the Board to fund
reasonable and necessary expenses of
the program. The marketing year begins
on September 1 and ends on August 31.
The assessment rate will remain in
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effect indefinitely unless modified,
suspended, or terminated.
DATES: Effective Date: December 24,
2013.
FOR FURTHER INFORMATION CONTACT:
Andrea Ricci, Marketing Specialist, or
Martin Engeler, Regional Director,
California Marketing Field Office,
Marketing Order and Agreement
Division, Fruit and Vegetable Program,
AMS, USDA; Telephone: (559) 487–
5901, Fax: (559) 487–5906, or Email:
Andrea.Ricci@ams.usda.gov or
Martin.Engeler@ams.usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Jeffrey
Smutney, Marketing Order and
Agreement Division, Fruit and
Vegetable Program, AMS, USDA, 1400
Independence Avenue SW., STOP 0237,
Washington, DC 20250–0237;
Telephone: (202) 720–2491, Fax: (202)
720–8938, or Email: Jeffrey.Smutney@
ams.usda.gov.
This rule
is issued under Marketing Order No.
984, as amended (7 CFR part 984),
regulating the handling of walnuts
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 Orders
12866 and 13563.
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. Under the marketing order now
in effect, California walnut 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 walnuts
beginning on September 1, 2013, 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
SUPPLEMENTARY INFORMATION:
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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 increases the assessment
rate established for the Board for the
2013–14 and subsequent marketing
years from $0.0175 to $0.0189 per
kernelweight pound of merchantable
walnuts handled.
The California walnut marketing
order provides authority for the Board,
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 Board are growers and handlers
of California walnuts. They are familiar
with the Board’s needs and with the
costs of goods and services in their local
area and are therefore 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 2011–12 and subsequent
marketing years, the Board
recommended, and USDA approved, an
assessment rate of $0.0175 per
kernelweight pound of merchantable
walnuts that would continue in effect
from year to year unless modified,
suspended, or terminated by USDA
upon recommendation and information
submitted by the Board or other
information available to USDA.
The Board met on June 6, 2013, and
unanimously recommended 2013–14
expenditures of $10,166,860 and an
assessment rate of $0.0189 per
kernelweight pound of merchantable
walnuts. In comparison, last year’s
budgeted expenditures were $8,840,000.
The assessment rate of $0.0189 is
$0.0014 per pound higher than the rate
currently in effect. The quantity of
assessable walnuts for the 2013–14
marketing year is estimated at 486,000
tons (inshell), which is 6,000 tons
higher than last year’s. At the
recommended higher assessment rate of
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]]>Agencies
[Federal Register Volume 78, Number 246 (Monday, December 23, 2013)]
[Rules and Regulations]
[Page 77327]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30654]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 78, No. 246 / Monday, December 23, 2013 /
Rules and Regulations
[[Page 77327]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 42
Standards for Condition of Food Containers
CFR Correction
In Title 7 of the Code of Federal Regulations, Parts 27 to 52,
revised as of January 1, 2013, on page 203, in Sec. 42.132, in
paragraph (a), in the table, for the entry 6.5, under ``Reduced'', in
column T, the entry ``1'' is added.
[FR Doc. 2013-30654 Filed 12-20-13; 8:45 am]
BILLING CODE 1505-01-D
