Equal Credit Opportunity Act (Regulation B), 44764 [2016-16301]

Download as PDF 44764 Federal Register / Vol. 81, No. 132 / Monday, July 11, 2016 / Rules and Regulations hereby amended, have signed an amended marketing agreement; and 2. The issuance of this amendatory order, amending the aforesaid order, is favored or approved by at least twothirds of the producers who participated in a referendum on the question of approval and who, during the period of August 31, 2014, through July 31, 2015, have been engaged within the production area in the production of such raisins, such producers having also produced for market at least two-thirds of the volume of such commodity represented in the referendum. 3. The issuance of this amendatory order together with a signed marketing agreement advances the interests of growers of raisins in the production area pursuant to the declared policy of the Act. Order Relative to Handling It is therefore ordered, That on and after the effective date hereof, all handling of raisins produced from grapes grown in California shall be in conformity to, and in compliance with, the terms and conditions of the said order as hereby amended as follows: The provisions of the proposed marketing order amending the order contained in the proposed rule issued by the Associate Administrator on October 13, 2015, and published in the Federal Register on October 16, 2015 (80 FR 62506), shall be and are the terms and provisions of this order amending the order and are set forth in full herein. List of Subjects in 7 CFR Part 989 Raisins, Marketing agreements, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 989 is amended as follows: PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA 1. The authority citation for 7 CFR part 989 continues to read as follows: ■ Authority: 7 U.S.C. 601–674. 2. Revise paragraph (c) of § 989.80 to read as follows: ■ § 989.80 Assessments. ehiers on DSK5VPTVN1PROD with RULES * * * * * (c) During any crop year or any portion of a crop year for which volume percentages are not effective for a varietal type, all standard raisins of that varietal type acquired by handlers during such period shall be free tonnage for purposes of levying assessments pursuant to this section. The Secretary VerDate Sep<11>2014 13:54 Jul 08, 2016 Jkt 238001 shall fix the rate of assessment to be paid by all handlers on the basis of a specified rate per ton. At any time during or after a crop year, the Secretary may increase the rate of assessment to obtain sufficient funds to cover any later finding by the Secretary relative to the expenses of the committee. Each handler shall pay such additional assessment to the committee upon demand. In order to provide funds to carry out the functions of the committee, the committee may accept advance payments from any handler to be credited toward such assessments as may be levied pursuant to this section against such handler during the crop year. In the event cash flow needs of the committee are above cash available generated by handler assessments, the committee may borrow from a commercial lending institution. The payment of assessments for the maintenance and functioning of the committee, and for such purposes as the Secretary may pursuant to this subpart determine to be appropriate, may be required under this part throughout the period it is in effect, irrespective of whether particular provisions thereof are suspended or become inoperative. * * * * * 3. Revise paragraph (a) of § 989.81 to read as follows: ■ § 989.81 Accounting. (a) If, at the end of the crop year, the assessments collected are in excess of expenses incurred, such excess shall be accounted for in accordance with one of the following: (1) If such excess is not retained in a reserve, as provided in paragraph (a)(2) of this section, it shall be refunded proportionately to the persons from whom collected in accordance with § 989.80; Provided, That any sum paid by a person in excess of his or her pro rata share of expenses during any crop year may be applied by the committee at the end of such crop year as credit for such person, toward the committee’s administrative operations for the following crop year; Provided further, That the committee may credit the excess to any outstanding obligations due the committee from such person. (2) The committee may carry over such excess funds into subsequent crop years as a reserve; Provided, That funds already in the reserve do not exceed one crop year’s budgeted expenses as averaged over the past six years. In the event that funds exceed one crop year’s expenses, funds in excess of one crop year’s budgeted expenses shall be distributed in accordance with PO 00000 Frm 00006 Fmt 4700 Sfmt 9990 paragraph (a)(1) of this section. Such funds may be used: (i) To defray essential administrative expenses (i.e., staff wages/salaries and related benefits, office rent, utilities, postage, insurance, legal expenses, audit costs, consulting, Web site operation and maintenance, office supplies, repairs and maintenance, equipment leases, domestic staff travel and committee mileage reimbursement, international committee travel, international staff travel, bank charges, computer software and programming, costs of compliance activities, and other similar essential administrative expenses) exclusive of promotional expenses during any crop year, prior to the time assessment income is sufficient to cover such expenses; (ii) To cover deficits incurred during any period when assessment income is less than expenses; (iii) To defray expenses incurred during any period when any or all provisions of this part are suspended; (iv) To meet any other such expenses recommended by the committee and approved by the Secretary; and (v) To cover the necessary expenses of liquidation in the event of termination of this part. Upon such termination, any funds not required to defray the necessary expenses of liquidation shall be disposed of in such manner as the Secretary may determine to be appropriate; Provided, That to the extent practicable, such funds shall be returned pro rata to the persons from whom such funds were collected. * * * * * Dated: July 5, 2016. Elanor Starmer, Administrator, Agricultural Marketing Service. [FR Doc. 2016–16335 Filed 7–8–16; 8:45 am] BILLING CODE P BUREAU OF CONSUMER FINANCIAL PROTECTION 12 CFR Part 1002 Equal Credit Opportunity Act (Regulation B) CFR Correction In Title 12 of the Code of Federal Regulations, Parts 900 to 1025, revised as of January 1, 2016, on page 86, in supplement 1 to part 1002, under ‘‘Section 1002.14—Rules on Providing Appraisals and Valuations’’, remove subsection 14(c). [FR Doc. 2016–16301 Filed 7–8–16; 8:45 am] BILLING CODE 1505–01–D E:\FR\FM\11JYR1.SGM 11JYR1


[Federal Register Volume 81, Number 132 (Monday, July 11, 2016)]
[Rules and Regulations]
[Page 44764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16301]



12 CFR Part 1002

Equal Credit Opportunity Act (Regulation B)

CFR Correction

    In Title 12 of the Code of Federal Regulations, Parts 900 to 1025, 
revised as of January 1, 2016, on page 86, in supplement 1 to part 
1002, under ``Section 1002.14--Rules on Providing Appraisals and 
Valuations'', remove subsection 14(c).

[FR Doc. 2016-16301 Filed 7-8-16; 8:45 am]