Domestic Dates Produced or Packed in Riverside County, California; Revision of Assessment Requirements, 41415-41417 [2014-16637]
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Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Rules and Regulations
assessments. The form modification has
been approved by OMB.
While this rule continues in effect the
action requiring a reporting requirement
for red types of potatoes, the exemption
of red types of potatoes from handling
regulation also eliminates, for the
exemption period, the more frequent
reporting requirements imposed under
the order’s special purpose shipment
exemptions (§ 946.336(d) and (e)).
Under these paragraphs, handlers are
required to provide detailed reports
whenever they divert regulated potatoes
for livestock feed, charity, seed,
prepeeling, processing, grading and
storing in specified counties in Oregon,
and experimentation.
Therefore, any additional reporting or
recordkeeping requirements on either
small or large handlers of red types of
potatoes are expected to be offset by the
elimination of the other reporting
requirements currently in effect. In
addition, the exemption from handling
regulation and inspection requirements
for red types of potatoes is expected to
reduce industry expenses.
USDA has not identified any relevant
Federal rules that duplicate, overlap or
conflict with this rule.
Further, the Committee’s meetings
were widely publicized throughout the
Washington potato industry and all
interested persons were invited to
participate in Committee deliberations.
Like all Committee meetings, the May 9,
July 16, and December 10, 2013,
meetings were public meetings. All
entities, both large and small, were able
to express views on this issue.
Comments on the interim rule were
required to be received on or before
April 14, 2014. No comments were
received. Accordingly, for the reasons
given in the interim rule, USDA is
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-13-00680001.
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).
In accordance with section 8e of the
Act, the United States Trade
Representative has concurred with the
issuance of this final rule.
After consideration of all relevant
material presented, it is found that
finalizing the interim rule, without
change, as published in the Federal
Register (79 FR 8253, February 12,
2014) will tend to effectuate the
declared policy of the Act.
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List of Subjects
7 CFR Part 946
Marketing agreements, Potatoes,
Reporting and recordkeeping
requirements.
7 CFR Part 980
Food grades and standards, Imports,
Marketing agreements, Onions, Potatoes,
Tomatoes.
PARTS 946 and 980 [AMENDED]
Accordingly, the interim rule that
amended 7 CFR parts 946 and 980 and
that was published at 79 FR 8253 on
February 12, 2014, is adopted as final
without change.
■
Dated: July 10, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2014–16635 Filed 7–15–14; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 987
[Docket No. AMS–FV–13–0090; FV14–
987–2 FR]
Domestic Dates Produced or Packed in
Riverside County, California; Revision
of Assessment Requirements
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
This rule revises the rules and
regulations of the California date
marketing order (order) to impose
interest and late payment charges on
overdue handler assessments. The order
regulates the handling of dates
produced or packed in Riverside
County, California, and is administered
locally by the California Date
Administrative Committee (committee).
Assessments upon date handlers are
used to fund the reasonable and
necessary expenses of the committee.
These changes are expected to assist in
the financial administration of the order
by encouraging handlers to pay their
assessments in a timely manner.
DATES: Effective July 17, 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:
SUMMARY:
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41415
Terry.Vawter@ams.usda.gov or
Martin.Engeler@ams.usda.gov.
Small businesses may request
information on complying with this
regulation 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 final
rule is issued under Marketing
Agreement and Order No. 987, as
amended (7 CFR Part 987), regulating
the handling of dates produced 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, 13563, and 13175.
This final rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. This rule is not intended
to have retroactive effect.
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
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 final rule revises the rules and
regulations of the California date order
to impose interest and late payment
charges on overdue handler
assessments. Interest and late payment
charges will encourage California date
handlers to pay their assessments
promptly when billed by the committee.
The order was amended on June 25,
2012, [77 FR 37762], to provide
authority for the committee to
recommend these actions, thereby
permitting these changes through
informal rulemaking, with the approval
of the Secretary.
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Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Rules and Regulations
ehiers on DSK2VPTVN1PROD with RULES
Section 987.72 of the order establishes
the authority for the committee to
collect assessments from handlers.
Paragraph (b) of that section specifically
authorizes the committee to establish
rules and regulations regarding
delinquent assessment payments,
including subjecting overdue
assessments to an interest or late
payment charge, or both; and authorizes
the committee to recommend to USDA
the period of time at which assessments
become late, the rate of interest, and the
late payment charge to be imposed on
such delinquent assessments.
The California date industry is a small
industry with 70 producers and 11
handlers. If a handler withholds an
assessment payment, it has an impact
on the committee’s ability to administer
the order. The committee believes that
charging interest and late payment fees
will provide a greater incentive for
handlers to make assessment payments
on time. This in turn, will help ensure
that the committee is able to meet its
financial obligations and fund its
programs on a continuing basis.
Charging interest and late payment
fees on unpaid financial obligations is
commonplace in the business world,
and such charges bring the committee’s
financial operations in line with
standard business practices. Such
charges remove any financial advantage
for those who do not pay on time while
they benefit from committee programs,
thus, creating a more level playing field
for the industry.
For those reasons, the committee
unanimously recommended an interest
rate of 1.5 percent per month, a late
payment charge of 10 percent on the
unpaid balance, and specified that
assessment payments become overdue
at 60 days after the date on the
assessment invoice. This
recommendation was made at a
committee meeting on October 31, 2013.
Based upon the above considerations,
this rule will implement interest and
late payment charges for delinquent
payment of assessments.
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
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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 date
producers 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
crop year (2012) show that about 3.70
tons, or 7,400 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 the
2012–13 crop year averaged about
$4,958 (7,400 pounds times $0.67 per
pound). At that average price, a
producer would have to farm over 151
acres to receive an annual income from
dates of $750,000 ($750,000 divided by
$4,958 per acre equals 151.2 acres).
According to committee staff, the
majority of California date producers
farm less than 151 acres. Therefore, it
can be concluded that the majority of
date producers could be considered
small entities.
Additionally, based on data from the
committee staff, the majority of
California date handlers have receipts of
less than $7,000,000, and may also be
considered small entities.
This final rule imposes an interest
charge of 1.5 percent monthly, and a
late payment charge of 10 percent on the
unpaid balance of handler assessments
owed to the committee 60 days after the
date on the assessment invoice.
At the meeting, the committee
discussed the impact of these changes
on handlers. They noted that the
greatest impact would be only on
handlers who do not pay their
assessments on time. Such charges
provide an incentive for all handlers to
pay their assessments in a timely
manner.
The committee also discussed
alternatives to these changes including
not implementing them at all. It was
determined that not implementing
interest and late payment charges allows
the current problem to continue. Late or
delinquent assessment payments
negatively impact the committee’s
ability to efficiently manage the
program’s resources and meet budget
obligations. The committee concluded
that encouraging timely assessment
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payment through the imposition of
interest and late payment charges will
benefit the administration of the order.
Thus, the committee unanimously
recommended these changes.
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 Crop
Marketing Orders.’’ No changes in those
requirements as a result of this action
are necessary. 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 Riverside
County, 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.
AMS is committed to complying with
the E-Government Act, to promote the
use of the internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
USDA has not identified any relevant
Federal rules that duplicate, overlap, or
conflict with this rule.
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 October 31, 2013, meeting
was a public meeting and all entities,
both large and small, were able to
express views on this issue.
A proposed rule concerning this
action was published in the Federal
Register on April 7, 2014 (79 FR 19028).
Copies of the rule were provided to all
committee members and date handlers.
Finally, the rule was made available
through the Internet by USDA and the
Office of the Federal Register. A 60-day
comment period ending June 6, 2014,
was provided to allow interested
persons to respond to the proposal. No
comments were received. Accordingly,
no changes will be made to the rule as
proposed.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov/
MarketingOrdersSmallBusinessGuide.
Any questions about the compliance
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Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Rules and Regulations
guide should be sent to Jeffrey Smutny
at the previously mentioned address in
the FOR FURTHER INFORMATION CONTACT
section.
After consideration of all relevant
matters presented, including the
information and recommendation
submitted by the committee and other
available information, it is hereby found
that this rule, as hereinafter set forth,
will tend to effectuate the declared
policy of the Act.
It is further found that good cause
exists for not postponing the effective
date of this rule until 30 days after
publication in the Federal Register (5
U.S.C. 553) because handlers are already
aware of the rule, which was
recommended at a public meeting.
Further, the new crop year begins on
August 1, and the committee needs time
to institute the changes. In addition, a
60-day comment period was provided
for in the proposed rule.
(c) In addition to the interest charge
specified in paragraph (b) of this
section, the committee shall impose a
late payment charge on any handler
whose payment has not been received in
the committee’s office, or the envelope
containing the payment legibly
postmarked by the U.S. Postal Service,
within 60 days of the invoice date. The
late payment charge shall be 10 percent
of the unpaid balance.
Dated: July 10, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2014–16637 Filed 7–15–14; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE–2012–BT–TP–0016]
List of Subjects in 7 CFR Part 987
RIN 1904–AC76
Dates, Marketing agreements,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 7 CFR part 987 is amended as
follows:
Energy Conservation Program for
Consumer Products: Test Procedures
for Refrigerators, RefrigeratorFreezers, and Freezers; Correction
PART 987—DATES PRODUCED OR
PACKED IN RIVERSIDE COUNTY,
CALIFORNIA
1. The authority citation for 7 CFR
part 987 continues to read as follows:
Authority: 7 U.S.C. 601–674.
[Amended]
2. Section 987.172 is amended by
revising the section heading,
redesignating the existing paragraph as
paragraph (a), and adding paragraphs (b)
and (c) to read as follows:
■
§ 987.172 Adjustment of assessment
obligation, and late payment and interest
charges.
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*
*
*
*
*
(b) Pursuant to § 987.72, the
committee shall impose an interest
charge on any handler whose
assessment payment has not been
received in the committee’s office, or
the envelope containing the payment
legibly postmarked by the U.S. Postal
Service, within 60 days of the invoice
date shown on the handler’s statement.
The interest charge shall be a rate of one
and one half percent per month, and
shall be applied to the unpaid
assessment balance for the number of
days all or any part of the unpaid
balance is delinquent beyond the 60-day
payment period.
VerDate Mar<15>2010
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Jkt 232001
On April 21, 2014, the U.S.
Department of Energy (DOE) published
a final rule in the Federal Register that
amended the test procedure for
refrigerators, refrigerator-freezers, and
freezers (79 FR 22320). Due to drafting
errors, that document incorrectly listed
the name of a third-party test procedure
that was incorporated by reference. This
final rule corrects those errors.
DATES: This correction is effective July
16, 2014.
FOR FURTHER INFORMATION CONTACT: Mr.
Lucas Adin, U.S. Department of Energy,
Office of Energy Efficiency and
Renewable Energy, Building
Technologies Office, EE–5B, 1000
Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 287–1317. Email:
Lucas.Adin@ee.doe.gov.
Mr. Michael Kido, U.S. Department of
Energy, Office of the General Counsel,
GC–71, 1000 Independence Avenue
SW., Washington, DC 20585–0121.
Telephone: (202) 586–8145. Email:
Michael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
■
§ 987.172
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Correcting amendments.
AGENCY:
I. Background
On April 21, 2014, DOE’s Office of
Energy Efficiency and Renewable
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41417
Energy published a test procedure final
rule in the Federal Register titled, ‘‘Test
Procedures for Refrigerators,
Refrigerator-Freezers, and Freezers’’
(‘‘April 2014 final rule’’). 79 FR 22320.
Since the publication of that final rule,
it has come to DOE’s attention that, due
to a technical oversight, certain portions
of the regulatory text adopted in the
April 2014 final rule for appendix A to
subpart B of 10 CFR part 430 (Appendix
A) contained erroneous references to
AS/NZS 4474.1:2007, Performance of
Household Electrical Appliances—
Refrigerating Appliances; Part 1: Energy
Consumption and Performance, Second
edition, published August 15, 2007,
which is incorporated by reference at
§ 430.3. Specifically, several references
to this standard in Appendix A are
incorrectly listed as ‘‘AZ/NZS
44474.1:2007.’’ The text of § 430.3
correctly references this incorporated
standard. DOE has also become aware
that the text adopted in the April 2014
final rule for appendix B to subpart B
of 10 CFR part 430 (Appendix B)
contains an error in a formula in section
5.2.1.3, in that the published version is
missing the ‘‘K’’ adjustment factor
present in the other formulas in section
5.2 of the test procedure.
II. Need for Correction
As published, the adopted test
procedure text may result in confusion
due to the incorrect reference in
Appendix A and the incorrect formula
in Appendix B. Because this final rule
would simply correct errors in the text
without making substantive changes to
the test procedures, the changes
addressed in this document are
technical in nature. Accordingly, DOE
finds that there is good cause under 5
U.S.C. 553(b)(B) to not issue a separate
notice to solicit public comment on the
changes contained in this document.
Issuing a separate notice to solicit
public comment would be
impracticable, unnecessary, and
contrary to the public interest.
III. Procedural Requirements
DOE has concluded that the
determinations made pursuant to the
various procedural requirements
applicable to the April 21, 2014 test
procedure final rule remain unchanged
for this final rule technical correction.
These determinations are set forth in the
April 21, 2014 final rule. 79 FR at
22345–22348.
Correction to Preamble
In FR Doc. 2014–08644, published on
April 21, 2014 (79 FR 22320), on page
22320, in the second column, in the
Supplementary Information section,
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]]>Agencies
[Federal Register Volume 79, Number 136 (Wednesday, July 16, 2014)]
[Rules and Regulations]
[Pages 41415-41417]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16637]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 987
[Docket No. AMS-FV-13-0090; FV14- 987-2 FR]
Domestic Dates Produced or Packed in Riverside County,
California; Revision of Assessment Requirements
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule revises the rules and regulations of the California
date marketing order (order) to impose interest and late payment
charges on overdue handler assessments. The order regulates the
handling of dates produced or packed in Riverside County, California,
and is administered locally by the California Date Administrative
Committee (committee). Assessments upon date handlers are used to fund
the reasonable and necessary expenses of the committee. These changes
are expected to assist in the financial administration of the order by
encouraging handlers to pay their assessments in a timely manner.
DATES: Effective July 17, 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 request information on complying with this
regulation 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 final rule is issued under Marketing
Agreement and Order No. 987, as amended (7 CFR Part 987), regulating
the handling of dates produced 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, 13563, and 13175.
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule is not intended to have retroactive
effect.
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 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 final rule revises the rules and regulations of the California
date order to impose interest and late payment charges on overdue
handler assessments. Interest and late payment charges will encourage
California date handlers to pay their assessments promptly when billed
by the committee.
The order was amended on June 25, 2012, [77 FR 37762], to provide
authority for the committee to recommend these actions, thereby
permitting these changes through informal rulemaking, with the approval
of the Secretary.
[[Page 41416]]
Section 987.72 of the order establishes the authority for the
committee to collect assessments from handlers. Paragraph (b) of that
section specifically authorizes the committee to establish rules and
regulations regarding delinquent assessment payments, including
subjecting overdue assessments to an interest or late payment charge,
or both; and authorizes the committee to recommend to USDA the period
of time at which assessments become late, the rate of interest, and the
late payment charge to be imposed on such delinquent assessments.
The California date industry is a small industry with 70 producers
and 11 handlers. If a handler withholds an assessment payment, it has
an impact on the committee's ability to administer the order. The
committee believes that charging interest and late payment fees will
provide a greater incentive for handlers to make assessment payments on
time. This in turn, will help ensure that the committee is able to meet
its financial obligations and fund its programs on a continuing basis.
Charging interest and late payment fees on unpaid financial
obligations is commonplace in the business world, and such charges
bring the committee's financial operations in line with standard
business practices. Such charges remove any financial advantage for
those who do not pay on time while they benefit from committee
programs, thus, creating a more level playing field for the industry.
For those reasons, the committee unanimously recommended an
interest rate of 1.5 percent per month, a late payment charge of 10
percent on the unpaid balance, and specified that assessment payments
become overdue at 60 days after the date on the assessment invoice.
This recommendation was made at a committee meeting on October 31,
2013. Based upon the above considerations, this rule will implement
interest and late payment charges for delinquent payment of
assessments.
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 date producers 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 crop year (2012) show that about
3.70 tons, or 7,400 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 the 2012-13 crop year
averaged about $4,958 (7,400 pounds times $0.67 per pound). At that
average price, a producer would have to farm over 151 acres to receive
an annual income from dates of $750,000 ($750,000 divided by $4,958 per
acre equals 151.2 acres). According to committee staff, the majority of
California date producers farm less than 151 acres. Therefore, it can
be concluded that the majority of date producers could be considered
small entities.
Additionally, based on data from the committee staff, the majority
of California date handlers have receipts of less than $7,000,000, and
may also be considered small entities.
This final rule imposes an interest charge of 1.5 percent monthly,
and a late payment charge of 10 percent on the unpaid balance of
handler assessments owed to the committee 60 days after the date on the
assessment invoice.
At the meeting, the committee discussed the impact of these changes
on handlers. They noted that the greatest impact would be only on
handlers who do not pay their assessments on time. Such charges provide
an incentive for all handlers to pay their assessments in a timely
manner.
The committee also discussed alternatives to these changes
including not implementing them at all. It was determined that not
implementing interest and late payment charges allows the current
problem to continue. Late or delinquent assessment payments negatively
impact the committee's ability to efficiently manage the program's
resources and meet budget obligations. The committee concluded that
encouraging timely assessment payment through the imposition of
interest and late payment charges will benefit the administration of
the order. Thus, the committee unanimously recommended these changes.
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 Crop Marketing
Orders.'' No changes in those requirements as a result of this action
are necessary. 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 Riverside County, 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.
AMS is committed to complying with the E-Government Act, to promote
the use of the internet and other information technologies to provide
increased opportunities for citizen access to Government information
and services, and for other purposes.
USDA has not identified any relevant Federal rules that duplicate,
overlap, or conflict with this rule.
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
October 31, 2013, meeting was a public meeting and all entities, both
large and small, were able to express views on this issue.
A proposed rule concerning this action was published in the Federal
Register on April 7, 2014 (79 FR 19028). Copies of the rule were
provided to all committee members and date handlers. Finally, the rule
was made available through the Internet by USDA and the Office of the
Federal Register. A 60-day comment period ending June 6, 2014, was
provided to allow interested persons to respond to the proposal. No
comments were received. Accordingly, no changes will be made to the
rule as proposed.
A small business guide on complying with fruit, vegetable, and
specialty crop marketing agreements and orders may be viewed at: https://www.ams.usda.gov/MarketingOrdersSmallBusinessGuide. Any questions
about the compliance
[[Page 41417]]
guide should be sent to Jeffrey Smutny at the previously mentioned
address in the FOR FURTHER INFORMATION CONTACT section.
After consideration of all relevant matters presented, including
the information and recommendation submitted by the committee and other
available information, it is hereby found that this rule, as
hereinafter set forth, will tend to effectuate the declared policy of
the Act.
It is further found that good cause exists for not postponing the
effective date of this rule until 30 days after publication in the
Federal Register (5 U.S.C. 553) because handlers are already aware of
the rule, which was recommended at a public meeting. Further, the new
crop year begins on August 1, and the committee needs time to institute
the changes. In addition, a 60-day comment period was provided for in
the proposed rule.
List of Subjects in 7 CFR Part 987
Dates, Marketing agreements, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR part 987 is
amended as follows:
PART 987--DATES PRODUCED OR PACKED IN RIVERSIDE COUNTY, CALIFORNIA
0
1. The authority citation for 7 CFR part 987 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
Sec. 987.172 [Amended]
0
2. Section 987.172 is amended by revising the section heading,
redesignating the existing paragraph as paragraph (a), and adding
paragraphs (b) and (c) to read as follows:
Sec. 987.172 Adjustment of assessment obligation, and late payment
and interest charges.
* * * * *
(b) Pursuant to Sec. 987.72, the committee shall impose an
interest charge on any handler whose assessment payment has not been
received in the committee's office, or the envelope containing the
payment legibly postmarked by the U.S. Postal Service, within 60 days
of the invoice date shown on the handler's statement. The interest
charge shall be a rate of one and one half percent per month, and shall
be applied to the unpaid assessment balance for the number of days all
or any part of the unpaid balance is delinquent beyond the 60-day
payment period.
(c) In addition to the interest charge specified in paragraph (b)
of this section, the committee shall impose a late payment charge on
any handler whose payment has not been received in the committee's
office, or the envelope containing the payment legibly postmarked by
the U.S. Postal Service, within 60 days of the invoice date. The late
payment charge shall be 10 percent of the unpaid balance.
Dated: July 10, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2014-16637 Filed 7-15-14; 8:45 am]
BILLING CODE 3410-02-P
