Domestic Dates Produced or Packed in Riverside County, California; Decreased Assessment Rate, 9743-9744 [2016-04044]

Download as PDF Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Rules and Regulations 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. 0581–0215. 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 rule imposes no additional reporting or recordkeeping requirements on either small or large California, Arizona, and New Mexico pistachio 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. As noted in the initial regulatory flexibility analysis, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this final 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. A proposed rule concerning this action was published in the Federal Register on December 14, 2015. Copies of the proposed rule were also mailed or sent via facsimile to all California, Arizona, and New Mexico pistachio handlers. Finally, the proposal was made available through the Internet by USDA and the Office of the Federal Register. A 15-day comment period ending December 29, 2015, was provided for interested persons to respond to the proposal. No comments were received. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: http:// www.ams.usda.gov/rules-regulations/ moa/small-businesses. Any questions about the compliance guide should be sent to Antoinette Carter at the previously mentioned address in the mstockstill on DSK4VPTVN1PROD with RULES FOR FURTHER INFORMATION CONTACT section. After consideration of all relevant material 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. Pursuant to 5 U.S.C. 553, it also found and determined that good cause exists VerDate Sep<11>2014 17:33 Feb 25, 2016 Jkt 238001 for not postponing the effective date of this rule until 30 days after publication in the Federal Register because: (1) The 2015–16 production year began on September 1, 2015 and the marketing order requires that the rate of assessment for each production year apply to all assessable pistachios handled during such production year; (2) the Committee needs to have sufficient funds to pay its expenses, which are incurred on a continuous basis; (3) handlers are aware of this rule which was recommended at a public meeting and is similar to assessment rate actions issued in past years. Also, a 15-day comment period was provided in the proposed rule, and no comments were received. List of Subjects in 7 CFR Part 983 Marketing agreements, Pistachios, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 983 is amended as follows: PART 983—PISTACHIOS GROWN IN CALIFORNIA, ARIZONA, and NEW MEXICO 1. The authority citation for 7 CFR part 983 continues to read as follows: ■ Authority: 7 U.S.C. 601–674. 2. In § 983.253, paragraph (a) is revised to read as follows: ■ § 983.253 Assessment rate. (a) On and after September 1, 2015, an assessment rate of $0.0035 per pound is established for California, Arizona, and New Mexico pistachios. * * * * * Dated: February 22, 2016. Elanor Starmer, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2016–04049 Filed 2–25–16; 8:45 am] BILLING CODE P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 987 [Docket No. AMS–FV–15–0034; FV15–987– 1 FIR] Domestic Dates Produced or Packed in Riverside County, California; Decreased Assessment Rate Agricultural Marketing Service, USDA. ACTION: Affirmation of interim rule as final rule. AGENCY: PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 9743 The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim rule that implemented a recommendation from the California Date Administrative Committee (committee) to decrease the assessment rate established for the 2015–16 and subsequent crop years from $0.20 to $0.10 per hundredweight of dates handled under the marketing order (order). The committee locally administers the marketing order and is comprised of producers and handlers of dates grown or packed in Riverside County, California. The interim rule to decrease the assessment rate was necessary to allow the Committee to reduce its financial reserve while still providing adequate funding to meet program expenses. DATES: Effective February 29, 2016. FOR FURTHER INFORMATION CONTACT: Terry Vawter, Senior Marketing Specialist, or Jeff Smutny, Regional Director, California Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (559) 487– 5901, Fax: (559) 487–5906, or Email: Terry.Vawter@ams.usda.gov or Jeffrey.Smutny@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: http://www.ams.usda.gov/rulesregulations/moa/small-businesses; or by contacting Antoinette Carter, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250–0237; Telephone: (202) 720–2491, Fax: (202) 720–8938, or Email: Antoinette.Carter@ ams.usda.gov. SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Agreement and Order No. 987, both 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. Under the order, Riverside County, California, date handlers are subject to assessments, which provide funds to administer the order. Assessment rates issued under the order are intended to be applicable to all assessable dates for the entire crop year and continue SUMMARY: E:\FR\FM\26FER1.SGM 26FER1 9744 Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES indefinitely until amended, suspended, or terminated. The Committee’s crop year begins on October 1, and ends on September 30. In an interim rule published in the Federal Register on October 28, 2015, and effective on October 29, 2015 (80 FR 65886, Doc. No. AMS–FV–15–0034, FV15–987–1 IR), § 987.339 was amended by decreasing the assessment rate established for California dates for the 2015–16 and subsequent crop years from $0.20 to $0.10 per hundredweight of dates. The decrease in the per hundredweight assessment rate allows the Committee to reduce its financial reserve while still providing adequate funding to meet program expenses. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA) (5 U.S.C. 601–612), the Agricultural Marketing Service (AMS) has considered the economic impact of this rule on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. There are approximately 70 producers of dates in the production area and 11 handlers subject to regulation under the marketing order. The Small Business Administration defines small agricultural producers as those having annual receipts of less than $750,000, and small agricultural service firms as those whose annual receipts are less than $7,500,000. (13 CFR 121.201) According to the National Agricultural Statistics Service (NASS), data for the most-recently completed crop year (2014) shows that about 3.54 tons, or 7,080 pounds, of dates were produced per acre. The 2014 producer price published by NASS was $1,190 per ton. Thus, the value of date production per acre in 2014–15 averaged about $4,213 (3.54 tons times $1,190 per ton). At that average price, a producer would have to farm over 178 acres to receive an annual income from dates of $750,000 ($750,000 divided by $4,213 per acre equals 178.02 acres). According to committee staff, the majority of California date producers farm less than 178 acres. Thus, it can be concluded that the majority of date producers could be considered small VerDate Sep<11>2014 17:33 Feb 25, 2016 Jkt 238001 entities. In addition, according to data from the committee staff, the majority of handlers of California dates have receipts of less than $7,500,000 and may also be considered small entities. This rule continues in effect the action that decreased the assessment rate established for the committee and collected from handlers for the 2015–16 and subsequent crop years from $0.20 to $0.10 per hundredweight of dates. The committee unanimously recommended 2015–16 expenditures of $59,250 and an assessment rate of $0.10 per hundredweight of dates, which is $0.10 lower than the rate previously in effect. Applying the $0.10 per hundredweight assessment rate to the estimated crop at 29,000,000 pounds (290,000 hundredweight) should provide $29,000 in assessment income. Thus, income derived from handler’s assessments, along with other income and funds from the committee’s authorized reserve, should be adequate funding to meet program expenses. This rule continues in effect the action that decreased the assessment obligation imposed on handlers. Assessments are applied uniformly on all handlers; however, decreasing the assessment rate reduces the burden on handlers. In addition, the committee’s meeting was widely publicized throughout the California date industry, and all interested persons were invited to attend the meetings and encouraged to participate in committee deliberations on all issues. Like all committee meetings, the June 25, 2015, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the order’s information collection requirements have been previously approved by the Office of Management and Budget (OMB) and assigned OMB No. 0581–0178, ‘‘Vegetable and Specialty 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. PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 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 December 28, 2015. No comments were received. Therefore, for reasons given in the interim rule, we are adopting the interim rule as a final rule, without change. To view the interim rule, go to: http://www.regulations.gov/ #!documentDetail;D=AMS-FV-15-00340001. This action also affirms information contained in the interim rule concerning Executive Orders 12866, 12988, 13175, and 13563; the Paperwork Reduction Act (44 U.S.C. Chapter 35); and the EGov 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 (80 FR 65886, October 28, 2015) will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 987 Dates, Marketing agreements, Reporting and recordkeeping requirements. PART 987—DATES PRODUCED OR PACKED IN RIVERSIDE COUNTY, CALIFORNIA [AMENDED] Accordingly, the interim rule amending 7 CFR part 987, which was published at 80 FR 65886 on October 28, 2015, is adopted as a final rule, without change. ■ Dated: February 22, 2016. Elanor Starmer, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2016–04044 Filed 2–25–16; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2015–4070; Directorate Identifier 2015–NE–31–AD; Amendment 39– 18408; AD 2016–04–14] RIN 2120–AA64 Airworthiness Directives; Turbomeca S.A. Turboshaft Engines Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: We are adopting a new airworthiness directive (AD) for certain SUMMARY: E:\FR\FM\26FER1.SGM 26FER1

Agencies

[Federal Register Volume 81, Number 38 (Friday, February 26, 2016)]
[Rules and Regulations]
[Pages 9743-9744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04044]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 987

[Docket No. AMS-FV-15-0034; FV15-987-1 FIR]


Domestic Dates Produced or Packed in Riverside County, 
California; Decreased Assessment Rate

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Affirmation of interim rule as final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of Agriculture (USDA) is adopting, as a final 
rule, without change, an interim rule that implemented a recommendation 
from the California Date Administrative Committee (committee) to 
decrease the assessment rate established for the 2015-16 and subsequent 
crop years from $0.20 to $0.10 per hundredweight of dates handled under 
the marketing order (order). The committee locally administers the 
marketing order and is comprised of producers and handlers of dates 
grown or packed in Riverside County, California. The interim rule to 
decrease the assessment rate was necessary to allow the Committee to 
reduce its financial reserve while still providing adequate funding to 
meet program expenses.

DATES: Effective February 29, 2016.

FOR FURTHER INFORMATION CONTACT: Terry Vawter, Senior Marketing 
Specialist, or Jeff Smutny, Regional Director, California Marketing 
Field Office, Marketing Order and Agreement Division, Specialty Crops 
Program, AMS, USDA; Telephone: (559) 487-5901, Fax: (559) 487-5906, or 
Email: Terry.Vawter@ams.usda.gov or Jeffrey.Smutny@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: http://www.ams.usda.gov/rules-regulations/moa/small-businesses; or by contacting Antoinette Carter, Marketing Order and 
Agreement Division, Specialty Crops Program, AMS, USDA, 1400 
Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; 
Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: 
Antoinette.Carter@ams.usda.gov.

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing 
Agreement and Order No. 987, both 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.
    Under the order, Riverside County, California, date handlers are 
subject to assessments, which provide funds to administer the order. 
Assessment rates issued under the order are intended to be applicable 
to all assessable dates for the entire crop year and continue

[[Page 9744]]

indefinitely until amended, suspended, or terminated. The Committee's 
crop year begins on October 1, and ends on September 30.
    In an interim rule published in the Federal Register on October 28, 
2015, and effective on October 29, 2015 (80 FR 65886, Doc. No. AMS-FV-
15-0034, FV15-987-1 IR), Sec.  987.339 was amended by decreasing the 
assessment rate established for California dates for the 2015-16 and 
subsequent crop years from $0.20 to $0.10 per hundredweight of dates. 
The decrease in the per hundredweight assessment rate allows the 
Committee to reduce its financial reserve while still providing 
adequate funding to meet program expenses.

Final Regulatory Flexibility Analysis

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS) 
has considered the economic impact of this rule on small entities. 
Accordingly, AMS has prepared this final regulatory flexibility 
analysis.
    The purpose of the RFA is to fit regulatory actions to the scale of 
businesses subject to such actions in order that small businesses will 
not be unduly or disproportionately burdened. Marketing orders issued 
pursuant to the Act, and the rules issued thereunder, are unique in 
that they are brought about through group action of essentially small 
entities acting on their own behalf.
    There are approximately 70 producers of dates in the production 
area and 11 handlers subject to regulation under the marketing order. 
The Small Business Administration defines small agricultural producers 
as those having annual receipts of less than $750,000, and small 
agricultural service firms as those whose annual receipts are less than 
$7,500,000. (13 CFR 121.201)
    According to the National Agricultural Statistics Service (NASS), 
data for the most-recently completed crop year (2014) shows that about 
3.54 tons, or 7,080 pounds, of dates were produced per acre. The 2014 
producer price published by NASS was $1,190 per ton. Thus, the value of 
date production per acre in 2014-15 averaged about $4,213 (3.54 tons 
times $1,190 per ton). At that average price, a producer would have to 
farm over 178 acres to receive an annual income from dates of $750,000 
($750,000 divided by $4,213 per acre equals 178.02 acres). According to 
committee staff, the majority of California date producers farm less 
than 178 acres. Thus, it can be concluded that the majority of date 
producers could be considered small entities. In addition, according to 
data from the committee staff, the majority of handlers of California 
dates have receipts of less than $7,500,000 and may also be considered 
small entities.
    This rule continues in effect the action that decreased the 
assessment rate established for the committee and collected from 
handlers for the 2015-16 and subsequent crop years from $0.20 to $0.10 
per hundredweight of dates. The committee unanimously recommended 2015-
16 expenditures of $59,250 and an assessment rate of $0.10 per 
hundredweight of dates, which is $0.10 lower than the rate previously 
in effect. Applying the $0.10 per hundredweight assessment rate to the 
estimated crop at 29,000,000 pounds (290,000 hundredweight) should 
provide $29,000 in assessment income. Thus, income derived from 
handler's assessments, along with other income and funds from the 
committee's authorized reserve, should be adequate funding to meet 
program expenses.
    This rule continues in effect the action that decreased the 
assessment obligation imposed on handlers. Assessments are applied 
uniformly on all handlers; however, decreasing the assessment rate 
reduces the burden on handlers.
    In addition, the committee's meeting was widely publicized 
throughout the California date industry, and all interested persons 
were invited to attend the meetings and encouraged to participate in 
committee deliberations on all issues. Like all committee meetings, the 
June 25, 2015, meeting was a public meeting and all entities, both 
large and small, were able to express views on this issue.
    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), the order's information collection requirements have been 
previously approved by the Office of Management and Budget (OMB) and 
assigned OMB No. 0581-0178, ``Vegetable and Specialty 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.
    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 December 28, 2015. No comments were received. Therefore, for 
reasons given in the interim rule, we are adopting the interim rule as 
a final rule, without change.
    To view the interim rule, go to: http://www.regulations.gov/#!documentDetail;D=AMS-FV-15-0034-0001.
    This action also affirms information contained in the interim rule 
concerning Executive Orders 12866, 12988, 13175, 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 (80 FR 65886, October 28, 2015) will tend to 
effectuate the declared policy of the Act.

List of Subjects in 7 CFR Part 987

    Dates, Marketing agreements, Reporting and recordkeeping 
requirements.

PART 987--DATES PRODUCED OR PACKED IN RIVERSIDE COUNTY, CALIFORNIA 
[AMENDED]

0
Accordingly, the interim rule amending 7 CFR part 987, which was 
published at 80 FR 65886 on October 28, 2015, is adopted as a final 
rule, without change.

    Dated: February 22, 2016.
Elanor Starmer,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2016-04044 Filed 2-25-16; 8:45 am]
BILLING CODE P