Domestic Dates Produced or Packed in Riverside County, California; Decreased Assessment Rate, 4819-4820 [2014-01747]
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Federal Register / Vol. 79, No. 20 / Thursday, January 30, 2014 / Rules and Regulations
exists for not postponing the effective
date of this rule until 30 days after
publication in the Federal Register
because the crop year began August 1,
2013, and handlers are already receiving
2013–14 citrus from growers. The order
requires that the rate of assessment
apply to all assessable citrus handled
during such fiscal period. In addition,
the Committee needs to have sufficient
funds to pay its expenses, which are
incurred on a continuous basis. Further,
handlers are aware of this rule, which
was recommended at a public meeting.
Also, a 15-day comment period was
provided for in the proposed rule, and
no comments were received.
List of Subjects in 7 CFR Part 905
Grapefruit, Oranges, Reporting and
recordkeeping requirements, Tangelos,
Tangerines.
For the reasons set forth in the
preamble, 7 CFR part 905 is amended as
follows:
PART 905—ORANGES, GRAPEFRUIT,
TANGERINES, AND TANGELOS
GROWN IN FLORIDA
1. The authority citation for 7 CFR
part 905 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
2. Section 905.235 is revised to read
as follows:
■
§ 905.235
Assessment rate.
On and after August 1, 2013, an
assessment rate of $0.009 per 4⁄5 bushel
carton or equivalent is established for
Florida citrus covered under the order.
Dated: January 24, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2014–01763 Filed 1–29–14; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 987
[Doc. No. AMS–FV–13–0053; FV13–987–1
FIR]
TKELLEY on DSK3SPTVN1PROD with RULES
Domestic Dates Produced or Packed in
Riverside County, California;
Decreased Assessment Rate
Agricultural Marketing Service,
USDA.
ACTION: Affirmation of interim rule as
final rule.
AGENCY:
The Department of
Agriculture (USDA) is adopting, as a
final rule, without change, an interim
SUMMARY:
VerDate Mar<15>2010
16:23 Jan 29, 2014
Jkt 232001
rule that decreased the assessment rate
established for the California Date
Administrative Committee (committee)
for the 2013–2014 and subsequent fiscal
periods from $0.90 to $0.40 per
hundredweight of dates handled. The
committee locally administers the
marketing order for dates grown or
packed in Riverside County, California.
The interim rule was necessary to allow
the committee to reduce its operating
expenses while still providing adequate
funding to meet program expenses.
DATES: Effective January 31, 2014.
FOR FURTHER INFORMATION CONTACT:
Terry Vawter, Senior 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:
Terry.Vawter@ams.usda.gov or
Martin.Engeler@ams.usda.gov.
Small businesses may obtain
information on complying with this and
other marketing order regulations by
viewing a guide at the following Web
site: https://www.ams.usda.gov/
MarketingOrdersSmallBusinessGuide;
or by contacting Jeffrey Smutny,
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.Smutny@ams.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 Orders
12866 and 13563.
Under the order, California date
handlers are subject to assessments,
which provide funds to administer the
order. Assessment rates issued under
the order are intended to be applicable
to all assessable dates for the entire
fiscal period, and continue indefinitely
until amended, suspended, or
terminated. The committee’s fiscal
period begins on October 1 and ends on
September 30.
In an interim rule published in the
Federal Register on September 3, 2013,
and effective on October 1, 2013, (78 FR
54147, Doc. No. AMS–FV–13–0053;
FV13–987–1 IR), § 987.339, was
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
4819
amended by decreasing the assessment
rate established for California dates for
the 2013–2014 and subsequent fiscal
periods from $0.90 to $0.40 per
hundredweight. The reduction in
operating expenses allows the
committee to decrease the per
hundredweight assessment rate, while
still providing adequate funding to meet
program expenses.
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in
the Regulatory Flexibility Act (RFA) (5
U.S.C. 601–612), the Agricultural
Marketing Service (AMS) has
considered the economic impact of this
rule on small entities. Accordingly,
AMS has prepared this final regulatory
flexibility analysis.
The purpose of the RFA is to fit
regulatory actions to the scale of
businesses 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 70 producers
of dates in the production area and 11
handlers subject to regulation under the
marketing order. The Small Business
Administration defines small
agricultural producers as those having
annual receipts of less than $750,000,
and small agricultural service firms as
those whose annual receipts are less
than $7,000,000. (13 CFR 121.201)
According to the National
Agricultural Statistics Service (NASS),
data for the most-recently completed
and reported crop year (2011) shows
that about 4.04 tons, or 8,080 pounds, of
dates were produced per acre. The 2012
grower price published by NASS was
$1,340 per ton, or $0.67 per pound.
Thus, the value of date production per
acre in 2011–12 averaged about $5,414
(8,080 pounds times $0.67 per pound).
At that average price, a producer would
have to farm over 138 acres to receive
an annual income from dates of
$750,000 ($750,000 divided by $5,414
per acre equals 138.53 acres). According
to committee staff, the majority of
California date producers farm less than
138 acres. Thus, it can be concluded
that the majority of date producers
could be considered small entities. In
addition, according to data from the
committee staff, the majority of handlers
of California dates have receipts of less
than $7,000,000, and may also be
considered small entities.
This rule continues in effect the
action that decreased the assessment
E:\FR\FM\30JAR1.SGM
30JAR1
TKELLEY on DSK3SPTVN1PROD with RULES
4820
Federal Register / Vol. 79, No. 20 / Thursday, January 30, 2014 / Rules and Regulations
rate established for the committee and
collected from handlers for the 2013–14
and subsequent crop years from $0.90 to
$0.40 per hundredweight of dates
handled. The committee unanimously
recommended 2013–14 expenditures of
$97,700 and an assessment rate of $0.40
per hundredweight of dates, which is
$0.50 lower than the 2012–13 rate. The
quantity of assessable dates for the
2013–14 crop year is estimated at
26,500,000 pounds (265,000
hundredweight). Thus, the $0.40 rate
should provide $106,000 in assessment
income. Income derived from handler’s
assessments should be adequate to meet
2013–14 crop year expenses.
This rule continues in effect the
action that decreased 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 encouraged to
participate in committee deliberations
on all issues. Like all committee
meetings, the June 20, 2013, meeting
was a public meeting and all entities,
both large and small, were able to
express views on this issue.
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the order’s information
collection requirements have been
previously approved by the Office of
Management and Budget (OMB) and
assigned OMB No. 0581–0178,
Vegetable and Specialty Crops. No
changes in those requirements as a
result of this action are anticipated.
Should any changes become necessary,
they would be submitted to OMB for
approval.
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.
USDA has not identified any relevant
Federal rules that duplicate, overlap or
conflict with this rule.
Comments on the interim rule were
required to be received on or before
November 4, 2013. No comments were
received. Therefore, for reasons given in
the interim rule, we are adopting the
interim rule as a final rule, without
change.
VerDate Mar<15>2010
16:23 Jan 29, 2014
Jkt 232001
To view the interim rule, go to:
https://www.regulations.gov/#!document
Detail;D=AMS–FV-13-0053-0001.
This action also affirms information
contained in the interim rule concerning
Executive Orders 12866, 12988, and
13563; the Paperwork Reduction Act (44
U.S.C. Chapter 35); and the E-Gov Act
(44 U.S.C. 101).
After consideration of all relevant
material presented, it is found that
finalizing the interim rule, without
change, as published in the Federal
Register (78 FR 54147, September 3,
2013) will tend to effectuate the
declared policy of the Act.
List of Subjects in 7 CFR Part 987
Dates, Marketing agreements,
Reporting and recordkeeping
requirements.
PART 987—DATES PRODUCED OR
PACKED IN RIVERSIDE COUNTY,
CALIFORNIA
Accordingly, the interim rule
amending 7 CFR part 987, which was
published at 78 FR 54147 on September
3, 2013, is adopted as a final rule,
without change.
Dated: January 24, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2014–01747 Filed 1–29–14; 8:45 am]
BILLING CODE 3410–02–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2010–0141; 9905–88–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Attainment Plan for the
Philadelphia-Wilmington,
Pennsylvania-New Jersey-Delaware
Nonattainment Area for the 1997
Annual Fine Particulate Matter
Standard; Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; correcting
amendment.
AGENCY:
This document corrects an
error in the preamble language of a final
rule pertaining to EPA’s approval of
Delaware’s state implementation plan
(SIP) revision demonstrating Delaware’s
attainment of the 1997 annual fine
particulate matter (PM2.5) national
ambient air quality standard (NAAQS)
for the Philadelphia-Wilmington,
SUMMARY:
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
Pennsylvania-New Jersey-Delaware
(PA–NJ–DE) nonattainment area
(Philadelphia Area) submitted by the
Delaware Department of Natural
Resources and Environmental Control.
DATES: This final rule is effective on
January 30, 2014, and is applicable
beginning January 16, 2014.
FOR FURTHER INFORMATION CONTACT: Rose
Quinto, (215) 814–2182 or by email at
quinto.rose@.epa.gov.
SUPPLEMENTARY INFORMATION: EPA
inadvertently printed an incorrect
column title on a table entitled,
Delaware’s Motor Vehicle Budgets for
the 1997 Annual PM2.5 NAAQS. This
action corrects the table in rule
document [FR document No. 2013–
29803] published in the Federal
Register on December 17, 2013 (78 FR
76209). The table is corrected as
follows: On page 76212 on the third
column of the table, correct the title
which now reads volatile organic
compound (VOC), to read PM2.5.
Section 553 of the Administrative
Procedure Act, 5 U.S.C. 553(b)(3)(B),
provides that, when an agency for good
cause finds that notice and public
procedure are impracticable,
unnecessary or contrary to the public
interest, the agency may issue a rule
without providing notice and an
opportunity for public comment. EPA
has determined that there is good cause
for making today’s rule final without
prior proposal and opportunity for
comment because we are merely
correcting an incorrect citation in a
previous action. Thus, notice and public
procedure are unnecessary. We find that
this constitutes good cause under 5
U.S.C. 553(b)(3)(B).
Statutory and Executive Order Reviews
Under Executive Order (E.O.) 12866
(58 FR 51735, October 4, 1993), this
action is not a ‘‘significant regulatory
action’’ and is therefore not subject to
review by the Office of Management and
Budget. For this reason, this action is
also not subject to Executive Order
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355 (May
22, 2001)). Because EPA has made a
‘‘good cause’’ finding that this action is
not subject to notice-and-comment
requirements under the Administrative
Procedures Act or any other statute as
indicated in the Supplementary
Information section above, it is not
subject to the regulatory flexibility
provisions of the Regulatory Flexibility
Act (5 U.S.C. 601 et seq), or to sections
202 and 205 of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L.
104–4). In addition, this action does not
E:\FR\FM\30JAR1.SGM
30JAR1
Agencies
[Federal Register Volume 79, Number 20 (Thursday, January 30, 2014)]
[Rules and Regulations]
[Pages 4819-4820]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01747]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 987
[Doc. No. AMS-FV-13-0053; FV13-987-1 FIR]
Domestic Dates Produced or Packed in Riverside County,
California; Decreased Assessment Rate
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Affirmation of interim rule as final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Agriculture (USDA) is adopting, as a final
rule, without change, an interim rule that decreased the assessment
rate established for the California Date Administrative Committee
(committee) for the 2013-2014 and subsequent fiscal periods from $0.90
to $0.40 per hundredweight of dates handled. The committee locally
administers the marketing order for dates grown or packed in Riverside
County, California. The interim rule was necessary to allow the
committee to reduce its operating expenses while still providing
adequate funding to meet program expenses.
DATES: Effective January 31, 2014.
FOR FURTHER INFORMATION CONTACT: Terry Vawter, Senior 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: Terry.Vawter@ams.usda.gov or
Martin.Engeler@ams.usda.gov.
Small businesses may obtain information on complying with this and
other marketing order regulations by viewing a guide at the following
Web site: https://www.ams.usda.gov/MarketingOrdersSmallBusinessGuide; or
by contacting Jeffrey Smutny, 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.Smutny@ams.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 Orders 12866 and 13563.
Under the order, California date handlers are subject to
assessments, which provide funds to administer the order. Assessment
rates issued under the order are intended to be applicable to all
assessable dates for the entire fiscal period, and continue
indefinitely until amended, suspended, or terminated. The committee's
fiscal period begins on October 1 and ends on September 30.
In an interim rule published in the Federal Register on September
3, 2013, and effective on October 1, 2013, (78 FR 54147, Doc. No. AMS-
FV-13-0053; FV13-987-1 IR), Sec. 987.339, was amended by decreasing
the assessment rate established for California dates for the 2013-2014
and subsequent fiscal periods from $0.90 to $0.40 per hundredweight.
The reduction in operating expenses allows the committee to decrease
the per hundredweight assessment rate, while still providing adequate
funding to meet program expenses.
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS)
has considered the economic impact of this rule on small entities.
Accordingly, AMS has prepared this final regulatory flexibility
analysis.
The purpose of the RFA is to fit regulatory actions to the scale of
businesses 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 70 producers of dates in the production
area and 11 handlers subject to regulation under the marketing order.
The Small Business Administration defines small agricultural producers
as those having annual receipts of less than $750,000, and small
agricultural service firms as those whose annual receipts are less than
$7,000,000. (13 CFR 121.201)
According to the National Agricultural Statistics Service (NASS),
data for the most-recently completed and reported crop year (2011)
shows that about 4.04 tons, or 8,080 pounds, of dates were produced per
acre. The 2012 grower price published by NASS was $1,340 per ton, or
$0.67 per pound. Thus, the value of date production per acre in 2011-12
averaged about $5,414 (8,080 pounds times $0.67 per pound). At that
average price, a producer would have to farm over 138 acres to receive
an annual income from dates of $750,000 ($750,000 divided by $5,414 per
acre equals 138.53 acres). According to committee staff, the majority
of California date producers farm less than 138 acres. Thus, it can be
concluded that the majority of date producers could be considered small
entities. In addition, according to data from the committee staff, the
majority of handlers of California dates have receipts of less than
$7,000,000, and may also be considered small entities.
This rule continues in effect the action that decreased the
assessment
[[Page 4820]]
rate established for the committee and collected from handlers for the
2013-14 and subsequent crop years from $0.90 to $0.40 per hundredweight
of dates handled. The committee unanimously recommended 2013-14
expenditures of $97,700 and an assessment rate of $0.40 per
hundredweight of dates, which is $0.50 lower than the 2012-13 rate. The
quantity of assessable dates for the 2013-14 crop year is estimated at
26,500,000 pounds (265,000 hundredweight). Thus, the $0.40 rate should
provide $106,000 in assessment income. Income derived from handler's
assessments should be adequate to meet 2013-14 crop year expenses.
This rule continues in effect the action that decreased 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 encouraged to participate in
committee deliberations on all issues. Like all committee meetings, the
June 20, 2013, meeting was a public meeting and all entities, both
large and small, were able to express views on this issue.
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), the order's information collection requirements have been
previously approved by the Office of Management and Budget (OMB) and
assigned OMB No. 0581-0178, Vegetable and Specialty Crops. No changes
in those requirements as a result of this action are anticipated.
Should any changes become necessary, they would be submitted to OMB for
approval.
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.
USDA has not identified any relevant Federal rules that duplicate,
overlap or conflict with this rule.
Comments on the interim rule were required to be received on or
before November 4, 2013. No comments were received. Therefore, for
reasons given in the interim rule, we are adopting the interim rule as
a final rule, without change.
To view the interim rule, go to: https://www.regulations.gov/#!documentDetail;D=AMS-FV-13-0053-0001.
This action also affirms information contained in the interim rule
concerning Executive Orders 12866, 12988, and 13563; the Paperwork
Reduction Act (44 U.S.C. Chapter 35); and the E-Gov Act (44 U.S.C.
101).
After consideration of all relevant material presented, it is found
that finalizing the interim rule, without change, as published in the
Federal Register (78 FR 54147, September 3, 2013) will tend to
effectuate the declared policy of the Act.
List of Subjects in 7 CFR Part 987
Dates, Marketing agreements, Reporting and recordkeeping
requirements.
PART 987--DATES PRODUCED OR PACKED IN RIVERSIDE COUNTY, CALIFORNIA
Accordingly, the interim rule amending 7 CFR part 987, which was
published at 78 FR 54147 on September 3, 2013, is adopted as a final
rule, without change.
Dated: January 24, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2014-01747 Filed 1-29-14; 8:45 am]
BILLING CODE 3410-02-P