Kiwifruit Grown in California; Decreased Assessment Rate, 7365-7366 [2014-02648]
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7365
Rules and Regulations
Federal Register
Vol. 79, No. 26
Friday, February 7, 2014
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 920
[Doc. No. AMS–FV–13–0071; FV13–920–2
FIR]
Kiwifruit Grown in 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
rule that decreased the assessment rate
established for the Kiwifruit
Administrative Committee (Committee)
for the 2013–14 and subsequent fiscal
periods from $0.035 to $0.025 per 9-kilo
volume-fill container or equivalent of
kiwifruit. The Committee locally
administers the marketing order, which
regulates the handling of kiwifruit
grown in California. The interim rule
was necessary to allow the Committee to
reduce its financial reserve while still
providing adequate funding to meet
program expenses.
DATES: Effective Date: February 10,
2014.
SUMMARY:
mstockstill on DSK4VPTVN1PROD with RULES
FOR FURTHER INFORMATION CONTACT:
Kathie Notoro, 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:
Kathie.Notoro@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/Marketing
VerDate Mar<15>2010
16:20 Feb 06, 2014
Jkt 232001
OrdersSmallBusinessGuide; 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.
920, as amended (7 CFR part 920),
regulating the handling of kiwifruit
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.
Under the marketing order, California
kiwifruit 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 kiwifruit
for the entire fiscal period, and continue
indefinitely until amended, suspended,
or terminated. The Committee’s fiscal
period begins on August 1 and ends on
July 31.
In an interim rule published in the
Federal Register on October 23, 2013,
and effective on October 24, 2013 (78 FR
62959, Doc. No. AMS–FV–13–0071;
FV13–920–2 IR), § 920.213 was
amended by decreasing the assessment
rate established for kiwifruit grown in
California for the 2013–14 and
subsequent fiscal years from $0.035 to
$0.025 per 9-kilo volume-fill container
or equivalent of kiwifruit. The decrease
in assessment rate will provide
sufficient revenue to meet the
Committee’s expenses while
maintaining a financial reserve within
the maximum amount permitted under
the order, which is approximately one
fiscal period’s expense.
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.
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
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 178 kiwifruit
growers in the production area and
approximately 28 handlers subject to
regulation under the marketing order.
Small agricultural producers are defined
by the Small Business Administration
(13 CFR 121.201) as those having annual
receipts less than $750,000, and small
agricultural service firms are defined as
those whose annual receipts are less
than $7,000,000.
The California Agricultural Statistics
Service, (CASS) reported total California
kiwifruit production for the 2011–12
season at 37,700 tons, with an average
price of $775 per ton. Based on the
average price and shipment information
provided by the CASS and the
Committee, it could be concluded that
the majority of kiwifruit handlers would
be considered small businesses under
the SBA definition. Based on kiwifruit
production and price information, as
well as the total number of California
kiwifruit growers, average annual
grower revenue is less than $750,000.
Thus, the majority of California
kiwifruit producers may also be
classified as small entities.
This rule continues in effect the
action that decreased the assessment
rate established for the Committee and
collected from handlers for the 2013–14
and subsequent fiscal years from $0.035
to $0.025 per 9-kilo volume-fill
container or equivalent of kiwifruit. The
Committee unanimously recommended
2013–14 expenditures of $113,550 and
an assessment rate of $0.025 per 9-kilo
volume-fill container. The assessment
rate of $0.025 is $0.010 lower than the
2012–13 rate. The quantity of assessable
kiwifruit for the 2013–14 fiscal year is
estimated at 2,600,000 9-kilo volume-fill
containers. Thus, the $0.025 rate should
provide $65,000 in assessment income
and when combined with carry-in funds
and interest income, should be adequate
to meet this year’s expenses.
This rule continues in effect the
action that decreased the assessment
E:\FR\FM\07FER1.SGM
07FER1
mstockstill on DSK4VPTVN1PROD with RULES
7366
Federal Register / Vol. 79, No. 26 / Friday, February 7, 2014 / Rules and Regulations
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
kiwifruit industry and all interested
persons were invited to attend the
meeting and participate in Committee
deliberations on all issues. Like all
Committee meetings, the July 11, 2013,
meeting was a public meeting. 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. 0581–0189. 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
kiwifruit 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 22, 2013. No comments were
received. Therefore, for the 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/#!document
Detail;D=AMS_FRDOC_0001-1100.
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 62959, October 23,
2013), will tend to effectuate the
declared policy of the Act.
List of Subjects in 7 CFR Part 920
Kiwifruit, Marketing agreements,
Reporting and recordkeeping
requirements.
VerDate Mar<15>2010
16:20 Feb 06, 2014
Jkt 232001
PART 920—KIWIFRUIT GROWN IN
CALIFORNIA
Accordingly, the interim rule
amending 7 CFR part 920, which was
published at 78 FR 62959 on October
23, 2013, is adopted as final without
change.
Dated: January 31, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2014–02648 Filed 2–6–14; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE–2013–BT–TP–0044]
RIN 1904–AD06
Energy Conservation Program:
Compliance Date for the Dehumidifier
Test Procedure
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Final rule.
AGENCY:
The Department of Energy
(DOE) is issuing a final rule that will
require manufacturers to test
dehumidifiers using the active mode
provisions in the test procedure for
dehumidifiers currently found in DOE
regulations to determine compliance
with the existing energy conservation
standards. The appendix in its entirety
will be required for use by
manufacturers that make
representations of standby mode or off
mode energy use, and, after the
compliance date for any amended
energy conservation standards enacted
in the future that incorporate measures
of standby mode and off mode energy
use, to demonstrate compliance with
such amended standards. The
amendments in this final rule modify
the compliance dates to allow use of the
ANSI/AHAM DH–1–2008 in the near
term.
SUMMARY:
The effective date of this rule is
March 10, 2014. The incorporation by
reference of certain publications listed
in the rule is approved by the Director
of the Federal Register as of March 10,
2014.
ADDRESSES: The docket, which includes
Federal Register notices, comments,
and other supporting documents/
materials, is available for review at
regulations.gov. All documents in the
docket are listed in the regulations.gov
index. However, some documents listed
DATES:
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
in the index, such as those containing
information that is exempt from public
disclosure, may not be publicly
available.
A link to the docket Web page can be
found at: https://www.regulations.gov/#
!docketDetail;D=EERE-2013-BT-TP0044. This Web page will contain a link
to the docket for this rule on the
regulations.gov site. The regulations.gov
Web page will contain simple
instructions on how to access all
documents, including public comments,
in the docket.
For further information on how to
review the docket, contact Ms. Brenda
Edwards at (202) 586–2945 or by email:
Brenda.Edwards@ee.doe.gov.
FOR FURTHER INFORMATION CONTACT:
Ashley Armstrong, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Program, EE–2J, 1000
Independence Avenue SW.,
Washington, DC 20585–0121. Email:
dehumidifiers@ee.doe.gov.
Elizabeth Kohl, U.S. Department of
Energy, Office of the General Counsel,
GC–71, 1000 Independence Avenue
SW., Washington, DC 20585–0121.
Telephone: (202) 586–7796. Email:
elizabeth.kohl@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority and Background
II. Discussion
III. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility
Act
C. Review Under the Paperwork Reduction
Act of 1995
D. Review Under the National
Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates
Reform Act of 1995
H. Review Under the Treasury and General
Government Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General
Government Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal
Energy Administration Act of 1974
M. Congressional Notification
IV. Approval of the Office of the Secretary
I. Authority and Background
Title III of the Energy Policy and
Conservation Act of 1975 (42 U.S.C.
6291, et seq.; ‘‘EPCA’’ or ‘‘the Act’’) sets
forth a variety of provisions designed to
improve energy efficiency. (All
references to EPCA refer to the statute
as amended through the American
Energy Manufacturing Technical
Corrections Act (AEMTCA), Public Law
112–210 (Dec. 18, 2012).) Part B of title
E:\FR\FM\07FER1.SGM
07FER1
Agencies
[Federal Register Volume 79, Number 26 (Friday, February 7, 2014)]
[Rules and Regulations]
[Pages 7365-7366]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02648]
========================================================================
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. 79, No. 26 / Friday, February 7, 2014 / Rules
and Regulations
[[Page 7365]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 920
[Doc. No. AMS-FV-13-0071; FV13-920-2 FIR]
Kiwifruit Grown in 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 Kiwifruit Administrative Committee (Committee)
for the 2013-14 and subsequent fiscal periods from $0.035 to $0.025 per
9-kilo volume-fill container or equivalent of kiwifruit. The Committee
locally administers the marketing order, which regulates the handling
of kiwifruit grown in California. The interim rule was necessary to
allow the Committee to reduce its financial reserve while still
providing adequate funding to meet program expenses.
DATES: Effective Date: February 10, 2014.
FOR FURTHER INFORMATION CONTACT: Kathie Notoro, 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: Kathie.Notoro@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. 920, as amended (7 CFR part 920), regulating the handling of
kiwifruit 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.
Under the marketing order, California kiwifruit 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 kiwifruit for the entire fiscal period, and continue
indefinitely until amended, suspended, or terminated. The Committee's
fiscal period begins on August 1 and ends on July 31.
In an interim rule published in the Federal Register on October 23,
2013, and effective on October 24, 2013 (78 FR 62959, Doc. No. AMS-FV-
13-0071; FV13-920-2 IR), Sec. 920.213 was amended by decreasing the
assessment rate established for kiwifruit grown in California for the
2013-14 and subsequent fiscal years from $0.035 to $0.025 per 9-kilo
volume-fill container or equivalent of kiwifruit. The decrease in
assessment rate will provide sufficient revenue to meet the Committee's
expenses while maintaining a financial reserve within the maximum
amount permitted under the order, which is approximately one fiscal
period's expense.
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 178 kiwifruit growers in the production
area and approximately 28 handlers subject to regulation under the
marketing order. Small agricultural producers are defined by the Small
Business Administration (13 CFR 121.201) as those having annual
receipts less than $750,000, and small agricultural service firms are
defined as those whose annual receipts are less than $7,000,000.
The California Agricultural Statistics Service, (CASS) reported
total California kiwifruit production for the 2011-12 season at 37,700
tons, with an average price of $775 per ton. Based on the average price
and shipment information provided by the CASS and the Committee, it
could be concluded that the majority of kiwifruit handlers would be
considered small businesses under the SBA definition. Based on
kiwifruit production and price information, as well as the total number
of California kiwifruit growers, average annual grower revenue is less
than $750,000. Thus, the majority of California kiwifruit producers may
also be classified as small entities.
This rule continues in effect the action that decreased the
assessment rate established for the Committee and collected from
handlers for the 2013-14 and subsequent fiscal years from $0.035 to
$0.025 per 9-kilo volume-fill container or equivalent of kiwifruit. The
Committee unanimously recommended 2013-14 expenditures of $113,550 and
an assessment rate of $0.025 per 9-kilo volume-fill container. The
assessment rate of $0.025 is $0.010 lower than the 2012-13 rate. The
quantity of assessable kiwifruit for the 2013-14 fiscal year is
estimated at 2,600,000 9-kilo volume-fill containers. Thus, the $0.025
rate should provide $65,000 in assessment income and when combined with
carry-in funds and interest income, should be adequate to meet this
year's expenses.
This rule continues in effect the action that decreased the
assessment
[[Page 7366]]
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 kiwifruit industry and all interested persons were
invited to attend the meeting and participate in Committee
deliberations on all issues. Like all Committee meetings, the July 11,
2013, meeting was a public meeting. 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. 0581-0189. 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 kiwifruit 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 22, 2013. No comments were received. Therefore, for the
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--FRDOC--0001-1100.
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 62959, October 23, 2013), will tend to
effectuate the declared policy of the Act.
List of Subjects in 7 CFR Part 920
Kiwifruit, Marketing agreements, Reporting and recordkeeping
requirements.
PART 920--KIWIFRUIT GROWN IN CALIFORNIA
Accordingly, the interim rule amending 7 CFR part 920, which was
published at 78 FR 62959 on October 23, 2013, is adopted as final
without change.
Dated: January 31, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2014-02648 Filed 2-6-14; 8:45 am]
BILLING CODE 3410-02-P