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
Agencies
[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]
=======================================================================
-----------------------------------------------------------------------
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