Processed Raspberry Promotion, Research, and Information Order; Late Payment and Interest Charges on Past Due Assessments, 46789-46791 [2015-19325]
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Rules and Regulations
Federal Register
Vol. 80, No. 151
Thursday, August 6, 2015
This rule
is issued under the Order (7 CFR part
1208). The Order is authorized under
the Commodity Promotion, Research,
and Information Act of 1996 (1996 Act)
(7 U.S.C. 7411–7425).
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.
SUPPLEMENTARY INFORMATION:
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.
Executive Order 12866 and Executive
Order 13563
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts and equity).
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, reducing costs,
harmonizing rules and promoting
flexibility. This action has been
designated as a ‘‘non-significant
regulatory action’’ under section 3(f) of
Executive Order 12866. Accordingly,
the Office of Management and Budget
(OMB) has waived the review process.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1208
[Document Number AMS–FV–14–0042]
Processed Raspberry Promotion,
Research, and Information Order; Late
Payment and Interest Charges on Past
Due Assessments
Agricultural Marketing Service.
Final rule.
AGENCY:
ACTION:
This rule prescribes late
payment and interest charges on past
due assessments under the Processed
Raspberry Promotion, Research, and
Information Order (Order). The Order is
administered by the National Processed
Raspberry Council (Council) with
oversight by the U.S. Department of
Agriculture (USDA). Under the Order,
assessments are collected from domestic
producers and importers and used for
research and promotion projects
designed to maintain and expand the
market for processed raspberries. This
rule implements authority contained in
the Order that allows the Council to
collect late payment and interest
charges on past due assessments. Three
additional changes are being made to
reflect current practices and update the
Order and regulations. The changes will
contribute to effective administration of
the program and were unanimously
recommended by the Council.
DATES: Effective: September 8, 2015.
FOR FURTHER INFORMATION CONTACT:
Tarun Harit, Program Management
Specialist, Promotion and Economics
Division, Fruit and Vegetable Program,
AMS, USDA, 1400 Independence
Avenue SW., Room 1406–S, Stop 0244,
Washington, DC 20250–0244; telephone:
(202) 720–9915; facsimile (202) 205–
2800; or electronic mail: Tarun.Harit@
ams.usda.gov.
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SUMMARY:
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Executive Order 13175
This action has been reviewed in
accordance with the requirements of
Executive Order 13175, Consultation
and Coordination with Indian Tribal
Governments. The review reveals that
this regulation will not have substantial
and direct effects on Tribal governments
and will not have significant Tribal
implications.
Executive Order 12988
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. It is not intended to have
retroactive effect. Section 524 of the
1996 Act (7 U.S.C. 7423) provides that
it shall not affect or preempt any other
Federal or State law authorizing
promotion or research relating to an
agricultural commodity.
Under section 519 of the 1996 Act (7
U.S.C. 7418), a person subject to an
order may file a written petition with
USDA stating that an order, any
provision of an order, or any obligation
imposed in connection with an order, is
not established in accordance with the
law, and request a modification of an
order or an exemption from an order.
Any petition filed challenging an order,
any provision of an order, or any
obligation imposed in connection with
an order, shall be filed within two years
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
after the effective date of an order,
provision, or obligation subject to
challenge in the petition. The petitioner
will have the opportunity for a hearing
on the petition. Thereafter, USDA will
issue a ruling on the petition. The 1996
Act provides that the district court of
the United States for any district in
which the petitioner resides or conducts
business shall have the jurisdiction to
review a final ruling on the petition, if
the petitioner files a complaint for that
purpose not later than 20 days after the
date of the entry of USDA’s final ruling.
Background
This rule prescribes late payment and
interest charges on past due assessments
under the Order. The Order is
administered by the Council with
oversight by USDA. Under the Order,
assessments are collected from domestic
producers and importers and used for
research and promotion projects
designed to maintain and expand
markets for processed raspberries.
Processed raspberries include
raspberries that have been frozen, dried,
pureed, made into juice, or altered by
mechanical processes. This rule
implements authority contained in the
Order and the 1996 Act that allows the
Council to collect late payment and
interest charges on past due
assessments. This action was
unanimously recommended by the
Council and will contribute to effective
administration of the program.
Section 1208.52(a) of the Order
specifies that the funds to cover the
Council’s expenses shall be paid from
assessments on producers and
importers, donations from persons not
subject to assessments, and from other
funds available to the Council.
Paragraph (b) specifies that the
collection of assessments on domestic
processed raspberries is the
responsibility of the first receiving
handler of the raspberries for
processing. Section 1208.52(e) specifies
that ‘‘a late payment charge shall be
imposed on any handler or importer
who fails to remit to the Council, the
total amount for which any such first
handler or importer is liable on or
before the due date established by the
Council. In addition to the late payment
charge, an interest charge shall be
imposed on the outstanding amount for
which the first handler or importer is
liable. The rate of interest shall be
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Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
prescribed in regulations issued by the
Secretary.’’
The Order was implemented in May
2012. Assessment collection began in
September 2012. Domestic assessments
are due to the Council once annually by
October 31. Import assessments are
collected monthly by the U.S. Customs
and Border Protection (Customs). If
Customs does not collect the
assessment, the importer must pay the
assessment directly to the Council.
Entities that produce less than 20,000
pounds of raspberries for processing
annually or import less than 20,000
pounds of processed raspberries
annually are exempt from assessment.
Assessment funds are used by the
Council for activities designed to benefit
all industry members. Thus, it is
important that all assessed entities pay
their assessments in a timely manner.
Entities who fail to pay their
assessments on time could reap the
benefits of Council programs at the
expense of others. In addition, they
could utilize funds for their own use
that should otherwise be paid to the
Council to finance Council programs.
Council Recommendation
Thus, the Council met on January 15,
2014, and unanimously recommended
specifying rates of late payment charges
and interest on past due assessments in
the Order’s regulations. Specifically, the
Council recommended that a late
payment charge be imposed on any
handler or importer who fails to make
timely remittance to the Council of the
total assessments for which the handler
or importer is liable. The late payment
will be imposed on any assessments not
received within 30 calendar days of the
date they are due. This will be a onetime late payment charge equal to 10
percent of the assessments due before
interest charges have accrued. The
Council also recommended that 1
percent per month interest on the
outstanding balance, including any late
payment and accrued interest, be added
to any accounts for which payment has
not been received within 30 calendar
days after the date assessments are due.
Interest will continue to accrue monthly
until the unpaid balance is paid to the
Council.
This action will help facilitate
program administration by providing an
incentive for entities to remit
assessments in a timely manner, with
the intent of creating a fair and equitable
process among all assessed entities.
Accordingly, a new Subpart C is added
to the Order for Provisions
Implementing the Processed Raspberry
Order, and a new section 1208.520 is
added to Subpart C. (The proposed rule
VerDate Sep<11>2014
16:05 Aug 05, 2015
Jkt 235001
published on November 12, 2014 (79 FR
67 67103) concerning this action has
been modified to revise the name of the
new Subpart C to meet Federal Register
guidelines.)
This rule also makes three additional
changes to the Order. It revises the
terms crop and fiscal years as defined in
sections 1208.3 and 1208.7,
respectively. The crop and fiscal years
are changed in the Order from the 12month period April 1 through March 31
to October 1 through September 30. The
new time frames help facilitate program
operations because domestic
assessments are due by October 31, so
those funds can be used to support
current year activities. Revising the
terms will bring the Order in line with
current practices.
This rule also changes the OMB
control numbers in sections 1208.78 and
1208.108. In section 1208.78, the OMB
control number 0581–0257 is omitted
because it is no longer relevant. In
sections 1208.108, the OMB control
number is changed from 0581–NEW to
0581–0093, the control number assigned
by the OMB.
Final Regulatory Flexibility Act
Analysis
In accordance with the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601–
612), AMS is required to examine the
impact of the rule on small entities.
Accordingly, AMS has considered the
economic impact of this action on such
entities.
The purpose of the RFA is to fit
regulatory actions to the scale of
businesses subject to such actions so
that small businesses will not be
disproportionately burdened. The Small
Business Administration defines, in 13
CFR part 121, small agricultural
producers as those having annual
receipts of no more than $750,000 and
small agricultural service firms (first
handlers and importers) as those having
annual receipts of no more than $7.0
million.
According to the Council, it is
estimated that there are 160 producers
of raspberries for processing and 30 first
handlers of processed raspberries in the
United States. Dividing the processed
raspberry crop value for 2013 reported
by the National Agricultural Statistics
Service (NASS) of $60,883,000 1 by the
number of producers yields an average
annual producer revenue of $380,520. It
is estimated that in 2013, 75 percent of
1 Noncitrus Fruits and Nuts 2013 Summary, July
2014, USDA, National Agricultural Statistics
Service, p. 37.
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
first handlers shipped under $7.0
million worth of processed raspberries.
Likewise, based on Customs data, it is
estimated there are 140 importers of
processed raspberries. Using 2013
Customs data, nearly all importers, or 99
percent, import less than $7.0 million
worth of processed raspberries annually.
Thus, the majority of domestic
producers, first handlers and importers
of processed raspberries would be
considered small entities.
Regarding the value of the
commodity, as mentioned above, based
on 2013 NASS data, the value of the
domestic processed raspberry crop was
about $61 million. According to
Customs data, the value of 2013 imports
was about $65 million.
This rule prescribes late payment and
interest charges on past due assessments
under the Order. The Order is
administered by the Council with
oversight by USDA. Under the Order,
assessments are collected from domestic
producers of raspberries for processing
and importers of processed raspberries.
Processed raspberries include
raspberries that have been frozen, dried,
pureed, made into juice, or altered by
mechanical processes. This rule adds a
new section 1208.520 that will specify
a late payment charge of 10 percent of
the assessments due and interest at a
rate of 1 percent per month on the
outstanding balance, including any late
payment and accrued interest. This
section will be included in a new
Subpart C—Provisions for Implementing
the Processed Raspberry Promotion,
Research, and Information Order. This
action was unanimously recommended
by the Council and is authorized under
section 1208.52(e) of the Order and
section 517(e) of the 1996 Act.
Regarding the economic impact of this
rule on affected entities, this action
imposes no costs on handlers and
importers who pay their assessments on
time. It merely provides an incentive for
entities to remit their assessments in a
timely manner. For all entities who are
delinquent in paying assessments, both
large and small, the charges will be
applied the same. As for the impact on
the industry as a whole, this action will
help facilitate program administration
by providing an incentive for entities to
remit their assessments in a timely
manner, with the intent of creating a fair
and equitable process among all
assessed entities.
Additionally, as previously
mentioned, the Order provides for an
exemption for entities that produce or
import less than 20,000 pounds of
processed raspberries annually. About
140 producers of raspberries for
processing and 80 importers of
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06AUR1
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Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Rules and Regulations
processed raspberries pay assessments
under the Order.
Regarding alternatives, one option to
the proposed action would be to
maintain the status quo and not
prescribe late payment and interest
charges for past due assessments.
However, the Council determined that
implementing such charges will help
facilitate program administration by
encouraging entities to pay their
assessments in a timely manner. The
Council reviewed rates of late payment
and interest charges prescribed in other
research and promotion programs and
concluded that a 10 percent late
payment charge and interest at a rate of
1 percent per month on the outstanding
balance would be appropriate.
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the information collection
and recordkeeping requirements that are
imposed by the Order have been
approved under OMB control number
0581–0093. This rule results in no
change to the information collection and
recordkeeping requirements previously
approved and imposes no additional
reporting and recordkeeping burden on
domestic producers, first handlers, and
importers of processed raspberries.
As with all Federal promotion
programs, reports and forms are
periodically reviewed to reduce
information requirements and
duplication by industry and public
sector agencies. Finally, USDA has not
identified any relevant Federal rules
that duplicate, overlap, or conflict with
this rule.
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.
Regarding outreach efforts, the
Council met on January 15, 2014, and
unanimously made its recommendation.
All of the Council’s meetings, including
meetings held via teleconference, are
open to the public and interested
persons are invited to participate and
express their views.
As previously mentioned, a proposed
rule concerning this action was
published in the Federal Register on
November 12, 2014 (79 FR 67103). The
proposal was made available through
the Internet by USDA and the Office of
the Federal Register. A 30-day comment
period ending December 12, 2014 was
provided to allow interested persons to
submit comments. No comments were
received. One change was made to
section 1208.520(2) for clarification
purposes, the addition of the word
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16:05 Aug 05, 2015
Jkt 235001
‘‘charge’’ after the words ‘‘late
payment’’.
After consideration of all relevant
matters presented, including the
information and recommendation
submitted by the Council and other
available information, it is hereby found
that this rule, as hereinafter set forth, is
consistent with and will effectuate the
purposes of the 1996 Act.
List of Subjects in 7 CFR Part 1208
Administrative practice and
procedure, Advertising, Consumer
information, Marketing agreements,
Raspberry promotion, Reporting and
recordkeeping requirements.
For the reasons set forth in the
preamble, 7 CFR part 1208 is amended
as follows:
PART 1208—PROCESSED
RASPBERRY PROMOTION,
RESEARCH, AND INFORMATION
ORDER
1. The authority citation for 7 CFR
part 1208 continues to read as follows:
■
Authority: 7 U.S.C. 7411–7425; 7 U.S.C.
7401.
2. Section 1208.3 is revised to read as
follows:
■
§ 1208.3
Crop year.
Crop year means the 12-month period
from October 1 through September 30 or
such other period approved by the
Secretary.
■ 3. Section 1208.7 is revised to read as
follows:
§ 1208.7
Fiscal period.
Fiscal period means the 12-month
period from October 1 through
September 30 or such other period as
approved by the Secretary.
■ 4. Section 1208.78 is revised to read
as follows:
§ 1208.78
OMB control numbers.
The control number assigned to the
information collection requirements by
the Office of Management and Budget
pursuant to the Paperwork Reduction
Act of 1995, 44 U.S.C. Chapter 35, is
OMB control number 0505–0001, and
OMB control number 0581–0093.
■ 5. Section 1208.108 is revised to read
as follows:
§ 1208.108
OMB control number.
The control number assigned to the
information collection requirement in
this subpart by the Office of
Management and Budget pursuant to the
Paperwork Reduction Act of 1995, 44
U.S.C. Chapter 35, is OMB control
number 0581–0093.
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
46791
6. Add Subpart C, consisting of
§ 1208.520, to read as follows:
■
Subpart C—Provisions Implementing
the Processed Raspberry Promotion,
Research, and Information Order
§ 1208.520 Late payment and interest
charges for past due assessments.
(a) A late payment charge shall be
imposed on any handler or importer
who fails to make timely remittance to
the Council of the total assessments for
which such handler or importer is
liable. The late payment will be
imposed on any assessments not
received within 30 calendar days of the
date they are due. This one-time late
payment charge shall be 10 percent of
the assessments due before interest
charges have accrued.
(b) In addition to the late payment
charge, 1 percent per month interest on
the outstanding balance, including any
late payment charge and accrued
interest, will be added to any accounts
for which payment has not been
received by the Council within 30
calendar days after the date the
assessments are due. Such interest will
continue to accrue monthly until the
outstanding balance is paid to the
Council.
Dated: August 3, 2015.
Rex A. Barnes,
Associate Administrator.
[FR Doc. 2015–19325 Filed 8–5–15; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 65
[Docket No. FAA–2014–1000; Amdt. No. 65–
56A]
RIN 2120–AK40
Elimination of the Air Traffic Control
Tower Operator Certificate for
Controllers Who Hold a Federal
Aviation Administration Credential
With a Tower Rating
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; disposition of
comments.
AGENCY:
On December 16, 2014, the
FAA published a final rule with a
request for comments that eliminated
the requirement for an air traffic control
tower operator to hold a control tower
operator certificate if the individual also
holds a Federal Aviation Administration
Credential with a tower rating (FAA
SUMMARY:
E:\FR\FM\06AUR1.SGM
06AUR1
Agencies
[Federal Register Volume 80, Number 151 (Thursday, August 6, 2015)]
[Rules and Regulations]
[Pages 46789-46791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19325]
========================================================================
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. 80, No. 151 / Thursday, August 6, 2015 /
Rules and Regulations
[[Page 46789]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1208
[Document Number AMS-FV-14-0042]
Processed Raspberry Promotion, Research, and Information Order;
Late Payment and Interest Charges on Past Due Assessments
AGENCY: Agricultural Marketing Service.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule prescribes late payment and interest charges on past
due assessments under the Processed Raspberry Promotion, Research, and
Information Order (Order). The Order is administered by the National
Processed Raspberry Council (Council) with oversight by the U.S.
Department of Agriculture (USDA). Under the Order, assessments are
collected from domestic producers and importers and used for research
and promotion projects designed to maintain and expand the market for
processed raspberries. This rule implements authority contained in the
Order that allows the Council to collect late payment and interest
charges on past due assessments. Three additional changes are being
made to reflect current practices and update the Order and regulations.
The changes will contribute to effective administration of the program
and were unanimously recommended by the Council.
DATES: Effective: September 8, 2015.
FOR FURTHER INFORMATION CONTACT: Tarun Harit, Program Management
Specialist, Promotion and Economics Division, Fruit and Vegetable
Program, AMS, USDA, 1400 Independence Avenue SW., Room 1406-S, Stop
0244, Washington, DC 20250-0244; telephone: (202) 720-9915; facsimile
(202) 205-2800; or electronic mail: Tarun.Harit@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This rule is issued under the Order (7 CFR
part 1208). The Order is authorized under the Commodity Promotion,
Research, and Information Act of 1996 (1996 Act) (7 U.S.C. 7411-7425).
Executive Order 12866 and Executive Order 13563
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, reducing costs, harmonizing rules and promoting flexibility.
This action has been designated as a ``non-significant regulatory
action'' under section 3(f) of Executive Order 12866. Accordingly, the
Office of Management and Budget (OMB) has waived the review process.
Executive Order 13175
This action has been reviewed in accordance with the requirements
of Executive Order 13175, Consultation and Coordination with Indian
Tribal Governments. The review reveals that this regulation will not
have substantial and direct effects on Tribal governments and will not
have significant Tribal implications.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. It is not intended to have retroactive effect. Section
524 of the 1996 Act (7 U.S.C. 7423) provides that it shall not affect
or preempt any other Federal or State law authorizing promotion or
research relating to an agricultural commodity.
Under section 519 of the 1996 Act (7 U.S.C. 7418), a person subject
to an order may file a written petition with USDA stating that an
order, any provision of an order, or any obligation imposed in
connection with an order, is not established in accordance with the
law, and request a modification of an order or an exemption from an
order. Any petition filed challenging an order, any provision of an
order, or any obligation imposed in connection with an order, shall be
filed within two years after the effective date of an order, provision,
or obligation subject to challenge in the petition. The petitioner will
have the opportunity for a hearing on the petition. Thereafter, USDA
will issue a ruling on the petition. The 1996 Act provides that the
district court of the United States for any district in which the
petitioner resides or conducts business shall have the jurisdiction to
review a final ruling on the petition, if the petitioner files a
complaint for that purpose not later than 20 days after the date of the
entry of USDA's final ruling.
Background
This rule prescribes late payment and interest charges on past due
assessments under the Order. The Order is administered by the Council
with oversight by USDA. Under the Order, assessments are collected from
domestic producers and importers and used for research and promotion
projects designed to maintain and expand markets for processed
raspberries. Processed raspberries include raspberries that have been
frozen, dried, pureed, made into juice, or altered by mechanical
processes. This rule implements authority contained in the Order and
the 1996 Act that allows the Council to collect late payment and
interest charges on past due assessments. This action was unanimously
recommended by the Council and will contribute to effective
administration of the program.
Section 1208.52(a) of the Order specifies that the funds to cover
the Council's expenses shall be paid from assessments on producers and
importers, donations from persons not subject to assessments, and from
other funds available to the Council. Paragraph (b) specifies that the
collection of assessments on domestic processed raspberries is the
responsibility of the first receiving handler of the raspberries for
processing. Section 1208.52(e) specifies that ``a late payment charge
shall be imposed on any handler or importer who fails to remit to the
Council, the total amount for which any such first handler or importer
is liable on or before the due date established by the Council. In
addition to the late payment charge, an interest charge shall be
imposed on the outstanding amount for which the first handler or
importer is liable. The rate of interest shall be
[[Page 46790]]
prescribed in regulations issued by the Secretary.''
The Order was implemented in May 2012. Assessment collection began
in September 2012. Domestic assessments are due to the Council once
annually by October 31. Import assessments are collected monthly by the
U.S. Customs and Border Protection (Customs). If Customs does not
collect the assessment, the importer must pay the assessment directly
to the Council. Entities that produce less than 20,000 pounds of
raspberries for processing annually or import less than 20,000 pounds
of processed raspberries annually are exempt from assessment.
Assessment funds are used by the Council for activities designed to
benefit all industry members. Thus, it is important that all assessed
entities pay their assessments in a timely manner. Entities who fail to
pay their assessments on time could reap the benefits of Council
programs at the expense of others. In addition, they could utilize
funds for their own use that should otherwise be paid to the Council to
finance Council programs.
Council Recommendation
Thus, the Council met on January 15, 2014, and unanimously
recommended specifying rates of late payment charges and interest on
past due assessments in the Order's regulations. Specifically, the
Council recommended that a late payment charge be imposed on any
handler or importer who fails to make timely remittance to the Council
of the total assessments for which the handler or importer is liable.
The late payment will be imposed on any assessments not received within
30 calendar days of the date they are due. This will be a one-time late
payment charge equal to 10 percent of the assessments due before
interest charges have accrued. The Council also recommended that 1
percent per month interest on the outstanding balance, including any
late payment and accrued interest, be added to any accounts for which
payment has not been received within 30 calendar days after the date
assessments are due. Interest will continue to accrue monthly until the
unpaid balance is paid to the Council.
This action will help facilitate program administration by
providing an incentive for entities to remit assessments in a timely
manner, with the intent of creating a fair and equitable process among
all assessed entities. Accordingly, a new Subpart C is added to the
Order for Provisions Implementing the Processed Raspberry Order, and a
new section 1208.520 is added to Subpart C. (The proposed rule
published on November 12, 2014 (79 FR 67 67103) concerning this action
has been modified to revise the name of the new Subpart C to meet
Federal Register guidelines.)
This rule also makes three additional changes to the Order. It
revises the terms crop and fiscal years as defined in sections 1208.3
and 1208.7, respectively. The crop and fiscal years are changed in the
Order from the 12-month period April 1 through March 31 to October 1
through September 30. The new time frames help facilitate program
operations because domestic assessments are due by October 31, so those
funds can be used to support current year activities. Revising the
terms will bring the Order in line with current practices.
This rule also changes the OMB control numbers in sections 1208.78
and 1208.108. In section 1208.78, the OMB control number 0581-0257 is
omitted because it is no longer relevant. In sections 1208.108, the OMB
control number is changed from 0581-NEW to 0581-0093, the control
number assigned by the OMB.
Final Regulatory Flexibility Act Analysis
In accordance with the Regulatory Flexibility Act (RFA) (5 U.S.C.
601-612), AMS is required to examine the impact of the rule on small
entities. Accordingly, AMS has considered the economic impact of this
action on such entities.
The purpose of the RFA is to fit regulatory actions to the scale of
businesses subject to such actions so that small businesses will not be
disproportionately burdened. The Small Business Administration defines,
in 13 CFR part 121, small agricultural producers as those having annual
receipts of no more than $750,000 and small agricultural service firms
(first handlers and importers) as those having annual receipts of no
more than $7.0 million.
According to the Council, it is estimated that there are 160
producers of raspberries for processing and 30 first handlers of
processed raspberries in the United States. Dividing the processed
raspberry crop value for 2013 reported by the National Agricultural
Statistics Service (NASS) of $60,883,000 \1\ by the number of producers
yields an average annual producer revenue of $380,520. It is estimated
that in 2013, 75 percent of first handlers shipped under $7.0 million
worth of processed raspberries.
---------------------------------------------------------------------------
\1\ Noncitrus Fruits and Nuts 2013 Summary, July 2014, USDA,
National Agricultural Statistics Service, p. 37.
---------------------------------------------------------------------------
Likewise, based on Customs data, it is estimated there are 140
importers of processed raspberries. Using 2013 Customs data, nearly all
importers, or 99 percent, import less than $7.0 million worth of
processed raspberries annually. Thus, the majority of domestic
producers, first handlers and importers of processed raspberries would
be considered small entities.
Regarding the value of the commodity, as mentioned above, based on
2013 NASS data, the value of the domestic processed raspberry crop was
about $61 million. According to Customs data, the value of 2013 imports
was about $65 million.
This rule prescribes late payment and interest charges on past due
assessments under the Order. The Order is administered by the Council
with oversight by USDA. Under the Order, assessments are collected from
domestic producers of raspberries for processing and importers of
processed raspberries. Processed raspberries include raspberries that
have been frozen, dried, pureed, made into juice, or altered by
mechanical processes. This rule adds a new section 1208.520 that will
specify a late payment charge of 10 percent of the assessments due and
interest at a rate of 1 percent per month on the outstanding balance,
including any late payment and accrued interest. This section will be
included in a new Subpart C--Provisions for Implementing the Processed
Raspberry Promotion, Research, and Information Order. This action was
unanimously recommended by the Council and is authorized under section
1208.52(e) of the Order and section 517(e) of the 1996 Act.
Regarding the economic impact of this rule on affected entities,
this action imposes no costs on handlers and importers who pay their
assessments on time. It merely provides an incentive for entities to
remit their assessments in a timely manner. For all entities who are
delinquent in paying assessments, both large and small, the charges
will be applied the same. As for the impact on the industry as a whole,
this action will help facilitate program administration by providing an
incentive for entities to remit their assessments in a timely manner,
with the intent of creating a fair and equitable process among all
assessed entities.
Additionally, as previously mentioned, the Order provides for an
exemption for entities that produce or import less than 20,000 pounds
of processed raspberries annually. About 140 producers of raspberries
for processing and 80 importers of
[[Page 46791]]
processed raspberries pay assessments under the Order.
Regarding alternatives, one option to the proposed action would be
to maintain the status quo and not prescribe late payment and interest
charges for past due assessments. However, the Council determined that
implementing such charges will help facilitate program administration
by encouraging entities to pay their assessments in a timely manner.
The Council reviewed rates of late payment and interest charges
prescribed in other research and promotion programs and concluded that
a 10 percent late payment charge and interest at a rate of 1 percent
per month on the outstanding balance would be appropriate.
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), the information collection and recordkeeping requirements
that are imposed by the Order have been approved under OMB control
number 0581-0093. This rule results in no change to the information
collection and recordkeeping requirements previously approved and
imposes no additional reporting and recordkeeping burden on domestic
producers, first handlers, and importers of processed raspberries.
As with all Federal promotion programs, reports and forms are
periodically reviewed to reduce information requirements and
duplication by industry and public sector agencies. Finally, USDA has
not identified any relevant Federal rules that duplicate, overlap, or
conflict with this rule.
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.
Regarding outreach efforts, the Council met on January 15, 2014,
and unanimously made its recommendation. All of the Council's meetings,
including meetings held via teleconference, are open to the public and
interested persons are invited to participate and express their views.
As previously mentioned, a proposed rule concerning this action was
published in the Federal Register on November 12, 2014 (79 FR 67103).
The proposal was made available through the Internet by USDA and the
Office of the Federal Register. A 30-day comment period ending December
12, 2014 was provided to allow interested persons to submit comments.
No comments were received. One change was made to section 1208.520(2)
for clarification purposes, the addition of the word ``charge'' after
the words ``late payment''.
After consideration of all relevant matters presented, including
the information and recommendation submitted by the Council and other
available information, it is hereby found that this rule, as
hereinafter set forth, is consistent with and will effectuate the
purposes of the 1996 Act.
List of Subjects in 7 CFR Part 1208
Administrative practice and procedure, Advertising, Consumer
information, Marketing agreements, Raspberry promotion, Reporting and
recordkeeping requirements.
For the reasons set forth in the preamble, 7 CFR part 1208 is
amended as follows:
PART 1208--PROCESSED RASPBERRY PROMOTION, RESEARCH, AND INFORMATION
ORDER
0
1. The authority citation for 7 CFR part 1208 continues to read as
follows:
Authority: 7 U.S.C. 7411-7425; 7 U.S.C. 7401.
0
2. Section 1208.3 is revised to read as follows:
Sec. 1208.3 Crop year.
Crop year means the 12-month period from October 1 through
September 30 or such other period approved by the Secretary.
0
3. Section 1208.7 is revised to read as follows:
Sec. 1208.7 Fiscal period.
Fiscal period means the 12-month period from October 1 through
September 30 or such other period as approved by the Secretary.
0
4. Section 1208.78 is revised to read as follows:
Sec. 1208.78 OMB control numbers.
The control number assigned to the information collection
requirements by the Office of Management and Budget pursuant to the
Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, is OMB control
number 0505-0001, and OMB control number 0581-0093.
0
5. Section 1208.108 is revised to read as follows:
Sec. 1208.108 OMB control number.
The control number assigned to the information collection
requirement in this subpart by the Office of Management and Budget
pursuant to the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35,
is OMB control number 0581-0093.
0
6. Add Subpart C, consisting of Sec. 1208.520, to read as follows:
Subpart C--Provisions Implementing the Processed Raspberry
Promotion, Research, and Information Order
Sec. 1208.520 Late payment and interest charges for past due
assessments.
(a) A late payment charge shall be imposed on any handler or
importer who fails to make timely remittance to the Council of the
total assessments for which such handler or importer is liable. The
late payment will be imposed on any assessments not received within 30
calendar days of the date they are due. This one-time late payment
charge shall be 10 percent of the assessments due before interest
charges have accrued.
(b) In addition to the late payment charge, 1 percent per month
interest on the outstanding balance, including any late payment charge
and accrued interest, will be added to any accounts for which payment
has not been received by the Council within 30 calendar days after the
date the assessments are due. Such interest will continue to accrue
monthly until the outstanding balance is paid to the Council.
Dated: August 3, 2015.
Rex A. Barnes,
Associate Administrator.
[FR Doc. 2015-19325 Filed 8-5-15; 8:45 am]
BILLING CODE 3410-02-P