Domestic Dates Produced or Packed in Riverside County, California; Decreased Assessment Rate, 92564-92566 [2016-30303]
Download as PDF
mstockstill on DSK3G9T082PROD with RULES
92564
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Rules and Regulations
grower support for the order.
Furthermore, annual budget and
assessment rate recommendations are
among the many duties the Board,
which is comprised of grower and
handler members, is required to perform
as authorized under the order.
One commenter raised concern that
the additional funding will be used to
increase the size and salaries of the
organization, which will lead to the
continuation of increasing the
assessment rate year after year. Also, the
commenter expressed concerns about
transparency and availability of
financial information. The majority of
the funds generated by the increased
assessment are allotted to research
programs and marketing and promotion
activities. For the past several years,
operating expenses have fluctuated
between 12 percent and 15 percent of
the total budget. In the recommended
budget for the 2016–17 crop year,
operating expenses are approximately
12 percent of the total budget. In
addition, in its unanimous
recommendation, the Board stipulated
that the increased assessment rate
continue only through the 2018–19 crop
year. The assessment rate will revert to
the current $0.03 rate beginning August
1, 2019. All Board and Committee
meetings are open to the public. On a
quarterly basis, the Board reviews and
approves financial statements at its
public meetings. Those documents are
made available to the public, and
interested persons are encouraged to
participate in all meetings.
One commenter expressed concern
about the order’s credit-back program
and that it is not advantageous to nonbranded handlers. While credit-back is
associated with the assessment rate, the
Board did not discuss the program as
part of this proposal. This rule does not
modify the percentage rate available for
handler credit-back.
One commenter raised concern that
the Nut of Choice and Crop of Choice
programs appear to be an effort to
improve the image of almonds at the
expense of other California
commodities. USDA has a strict policy
against any marketing order boards,
committees, or councils disparaging
other commodities. USDA reviews all
marketing and communication materials
prior to publication to ensure that
policy is being followed.
Accordingly, no changes will be made
to the rule as proposed, based on the
comments received.
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/
rules-regulations/moa/small-businesses.
VerDate Sep<11>2014
19:50 Dec 19, 2016
Jkt 241001
Any questions about the compliance
guide should be sent to Richard Lower
at the previously-mentioned address in
the FOR FURTHER INFORMATION CONTACT
section.
After consideration of all relevant
material presented, including the
information and recommendation
submitted by the Board 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 the 2016–17 crop
year began August 1, 2016, and the
marketing order requires that the rate of
assessment for each crop year apply to
all assessable almonds handled during
such crop year. Further, handlers are
aware of this rule, which was
recommended at a public meeting. Also,
a 15-day comment period was provided
for in the proposed rule, followed by an
additional 30-day comment period.
List of Subjects in 7 CFR Part 981
Almonds, Marketing agreements,
Nuts, Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 7 CFR part 981 is amended as
follows:
PART 981—ALMONDS GROWN IN
CALIFORNIA
1. The authority citation for 7 CFR
part 981 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
2. Section 981.343 is revised to read
as follows:
■
§ 981.343
Assessment rate.
For the period August 1, 2016,
through July 31, 2019, the assessment
rate shall be $0.04 per pound for
California almonds. Of the $0.04
assessment rate, 60 percent per
assessable pound is available for
handler credit-back. On and after
August 1, 2019, an assessment rate of
$0.03 per pound is established for
California almonds. Of the $0.03
assessment rate, 60 percent per
assessable pound is available for
handler credit-back.
Dated: November 12, 2016.
Elanor Starmer,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2016–30264 Filed 12–19–16; 8:45 am]
BILLING CODE P
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 987
[Doc. No. AMS–SC–16–0084; SC16–987–1
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:
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 committee for
the 2016–17 and subsequent crop years
from $0.10 to $0.05 per hundredweight
of dates handled under the marketing
order (order). The committee locally
administers the order and is comprised
of producers and handlers of dates
operating within the area of production.
The interim rule was necessary to allow
the committee to reduce its financial
reserve while still providing adequate
funding to meet program expenses.
DATES: Effective December 21, 2016.
FOR FURTHER INFORMATION CONTACT:
Terry Vawter, Senior Marketing
Specialist Jeffrey 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
regulation by viewing a guide at the
following Web site: https://
www.ams.usda.gov/rules-regulations/
moa/small-businesses; or by contacting
Richard Lower, 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: Richard.Lower@
ams.usda.gov.
SUMMARY:
This rule
is issued under Marketing Agreement
and Order No. 987, both as amended (7
CFR part 987), regulating the handling
of domestic dates produced or packed in
Riverside County, California, hereinafter
referred to as the ‘‘order.’’ The order is
SUPPLEMENTARY INFORMATION:
E:\FR\FM\20DER1.SGM
20DER1
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Rules and Regulations
mstockstill on DSK3G9T082PROD with RULES
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, 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 domestic dates
produced or packed in Riverside
County, California, for the entire crop
year and continue indefinitely until
amended, suspended, or terminated.
The committee’s crop year began
October 1, 2016, and ends on September
30, 2017.
In an interim rule published in the
Federal Register on September 21, 2016,
and effective on September 22, 2016, (81
FR 64759, Doc. No. AMS–SC–16–0084,
SC16–987–1 IR), § 997.339 was
amended by decreasing the assessment
rate established for California dates for
the 2016–17 and subsequent crop years
from $0.10 to $0.05 per hundredweight.
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 date
producers in the production area, and
11 date handlers subject to regulation
under the order. The Small Business
Administration (SBA) 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
VerDate Sep<11>2014
19:50 Dec 19, 2016
Jkt 241001
crop year (2015) shows that about 4.36
tons, or 8,720 pounds, of dates were
produced per acre. The 2015 producer
price published by NASS was $1,560
per ton. Thus, the value of date
production per acre in 2014–15
averaged about $6,802 (4.36 tons times
$1,560 per ton, rounded to the nearest
dollar). At that average price, a producer
would have to farm over 110 acres to
receive an annual income from dates of
$750,000 ($750,000 divided by $6,802
per acre equals 110.26 acres). According
to committee staff, the majority of
California date producers farm less than
110 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
California date handlers have receipts of
less than $7,500,000 and may also be
considered small entities under SBA’s
definition.
This rule continues in effect the
action that decreased the assessment
rate established for the committee and
collected from handlers for the 2016–17
and subsequent crop years from $0.10 to
$0.05 per hundredweight of dates. The
committee unanimously recommended
2016–17 expenditures of $52,500 and an
assessment rate of $0.05 per
hundredweight of dates. The assessment
rate of $0.05 is $0.05 lower than the rate
previously in effect. Applying the $0.05
per hundredweight assessment rate to
the committee’s 29,000,000 pounds
(290,000 hundredweight) crop estimate
should provide $14,500 in assessment
income. Thus, income derived from
handler assessments, along with interest
income and funds from the committee’s
monetary reserve, will be adequate to
cover the budgeted expenses. This
action will allow the committee to
reduce its financial reserve while still
providing 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, and some of the costs may
be passed on to producers. However,
decreasing the assessment rate reduces
the burden on handlers and may reduce
the burden on producers.
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 June 22, 2016, meeting
was a public meeting, and all entities,
both large and small, were able to
express views on this issue.
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
92565
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 Crops
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 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
November 21, 2016. 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:
https://www.regulations.gov/
document?D=AMS-SC-16-0084-0001.
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 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 (81 FR 64759, September 21,
2016) 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—DOMESTIC DATES
PRODUCED OR PACKED IN
RIVERSIDE COUNTY, CALIFORNIA
[AMENDED]
Accordingly, the interim rule
amending 7 CFR part 987, which was
published at 81 FR 64759 on September
21, 2016, is adopted as a final rule,
without change.
■
E:\FR\FM\20DER1.SGM
20DER1
92566
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Rules and Regulations
Dated: December 12, 2016.
Bruce Summers,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2016–30303 Filed 12–19–16; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and
Stockyards Administration
9 CFR Part 201
RIN 0580–AB25
Scope of Sections 202(a) and (b) of the
Packers and Stockyards Act
Grain Inspection, Packers and
Stockyards Administration, USDA.
ACTION: Interim final rule; request for
comments.
AGENCY:
The Department of
Agriculture’s (USDA) Grain Inspection,
Packers and Stockyards Administration
(GIPSA), Packers and Stockyards
Program (P&SP) is amending the
regulations issued under the Packers
and Stockyards Act, 1921, as amended
and supplemented (P&S Act). GIPSA is
adding a paragraph addressing the scope
of sections 202(a) and (b) of the P&S
Act. This interim final rule clarifies that
conduct or action may violate sections
202(a) and (b) of the P&S Act without
adversely affecting, or having a
likelihood of adversely affecting,
competition. This interim final rule
reiterates USDA’s longstanding
interpretation that not all violations of
the P&S Act require a showing of harm
or likely harm to competition. The
regulations would specifically provide
that the scope of section 202(a) and (b)
encompasses conduct or action that,
depending on their nature and the
circumstances, can be found to violate
the P&S Act without a finding of harm
or likely harm to competition. This
interim final rule finalizes a proposed
amendment that GIPSA published on
June 22, 2010. GIPSA is now publishing
as an interim final rule what was
proposed on June 22, 2010, with slight
modifications, in order to allow
additional comment on these
provisions.
SUMMARY:
This interim final rule is
February 21, 2017. Interested persons
are invited to submit written comments
on this interim final rule on or before
February 21, 2017.
ADDRESSES: We invite you to submit
comments on this interim final rule.
You may submit comments by any of
the following methods:
mstockstill on DSK3G9T082PROD with RULES
DATES:
VerDate Sep<11>2014
19:50 Dec 19, 2016
Jkt 241001
• Mail: M. Irene Omade, GIPSA,
USDA, 1400 Independence Avenue
SW., Room 2542A–S, Washington, DC
20250–3613.
• Hand Delivery or Courier: M. Irene
Omade, GIPSA, USDA, 1400
Independence Avenue SW., Room
2530–S, Washington, DC 20250–3613.
• Internet: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
Instructions: All comments should
make reference to the date and page
number of this issue of the Federal
Register. All comments received will be
included in the public docket without
change, including any personal
information provided. Regulatory
analyses and other documents relating
to this rulemaking will be available for
public inspection in Room 2542A–S,
1400 Independence Avenue SW.,
Washington, DC 20250–3613 during
regular business hours. All comments
will be available for public inspection in
the above office during regular business
hours (7 CFR 1.27(b)). Please call the
Management and Budget Services staff
of GIPSA at (202) 720–8479 to arrange
a public inspection of comments or
other documents related to this
rulemaking.
FOR FURTHER INFORMATION CONTACT: S.
Brett Offutt, Director, Litigation and
Economic Analysis Division, P&SP,
GIPSA, 1400 Independence Ave, SW.,
Washington, DC 20250, (202) 720–7051,
s.brett.offutt@usda.gov.
SUPPLEMENTARY INFORMATION: The first
section that follows provides
background and a summary of the
regulatory text for § 201.3(a) and (b) in
this interim final rule as compared to
the regulatory wording for § 201.3(c)
and (d) in the 2010 proposed rule. The
second section provides background
information about this rule. The third
section provides a summary of the
public comments received on the
proposed rule and at the relevant
USDA/Department of Justice Joint
Competition Workshops that occurred
during the comment period. The fourth
section discusses the proposal of new
§§ 201.210, 201.211, and 201.214, in
this issue of the Federal Register. The
last section provides the required
impact analyses including the
Regulatory Flexibility Act, the
Paperwork Reduction Act, Civil Rights
Analysis, and the relevant Executive
Orders.
I. Summary of Changes From the 2010
Proposed Rule
Section 201.3 as Proposed in June 2010
In the proposed rule published in the
Federal Register on June 22, 2010 [75
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
FR 35338], GIPSA proposed a new
§ 201.3, ‘‘Applicability of regulations in
this part,’’ providing four (4)
subsections to describe, in certain
respects, the application of the
regulations in 9 CFR part 201. These
subsections were designated § 201.3(a)
through § 201.3(d). Subsection 201.3(c)
described the appropriate application of
sections 202(a) and (b) of the P&S Act
(7 U.S.C. 192(a) and (b)).
In this current rule, GIPSA is redesignating the existing undesignated
paragraph in § 201.3 as § 201.3(b), and is
adding back the subject heading,
‘‘Effective dates’’ to this paragraph.
GIPSA is amending § 201.3 with the
addition of proposed § 201.3(c), with
slight modifications. Because this
provision is of primary importance,
GIPSA is designating it as the first of
two paragraphs in § 201.3 and changing
its designation from (c) to (a). GIPSA has
made slight modifications including a
grammatical edit and also modified a
few words to make the language
internally consistent and also consistent
with the language in new proposed
§§ 201.210, 201.211, and 201.214,
published concurrently in this issue of
the Federal Register as separate
proposed rules.
II. Background
A. Development of the Rule
Prior to issuing the initial proposed
regulations in 2010, GIPSA held three
public meetings in October 2008, in
Arkansas, Iowa, and Georgia to gather
comments, information, and
recommendations from interested
parties. Attendees at these meetings
were asked to give input on the
elements of the 2008 Farm Bill and
other issues of concern under the P&S
Act. In 2010, USDA and the Department
of Justice held five joint public
workshops to explore competition
issues affecting agricultural industries
in the 21st century and the appropriate
role for antitrust and regulatory
enforcement in those industries. These
workshops were held in Ankeny, Iowa
(Issues of Concern to Farmers, March
12, 2010); Normal, Alabama (Poultry
Industry, May 21, 2010); Madison,
Wisconsin (Dairy Industry, June 25,
2010); Fort Collins, Colorado (Livestock
Industry, August 27, 2010); and
Washington, District of Columbia
(Margins, December 8, 2010). The
Secretary informed attendees of the
workshop in Fort Collins, Colorado that
their comments provided that day
would be considered in the
development of this rulemaking. The
Fort Collins workshop addressed issues
in the cattle, hog, and other animal
E:\FR\FM\20DER1.SGM
20DER1
Agencies
[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Rules and Regulations]
[Pages 92564-92566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30303]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 987
[Doc. No. AMS-SC-16-0084; SC16-987-1 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 committee for the
2016-17 and subsequent crop years from $0.10 to $0.05 per hundredweight
of dates handled under the marketing order (order). The committee
locally administers the order and is comprised of producers and
handlers of dates operating within the area of production. The interim
rule was necessary to allow the committee to reduce its financial
reserve while still providing adequate funding to meet program
expenses.
DATES: Effective December 21, 2016.
FOR FURTHER INFORMATION CONTACT: Terry Vawter, Senior Marketing
Specialist Jeffrey 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
regulation by viewing a guide at the following Web site: https://www.ams.usda.gov/rules-regulations/moa/small-businesses; or by
contacting Richard Lower, 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: Richard.Lower@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 domestic dates produced or packed in
Riverside County, California, hereinafter referred to as the ``order.''
The order is
[[Page 92565]]
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, 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 domestic dates produced or packed in Riverside County,
California, for the entire crop year and continue indefinitely until
amended, suspended, or terminated. The committee's crop year began
October 1, 2016, and ends on September 30, 2017.
In an interim rule published in the Federal Register on September
21, 2016, and effective on September 22, 2016, (81 FR 64759, Doc. No.
AMS-SC-16-0084, SC16-987-1 IR), Sec. 997.339 was amended by decreasing
the assessment rate established for California dates for the 2016-17
and subsequent crop years from $0.10 to $0.05 per hundredweight. 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 date producers in the production area,
and 11 date handlers subject to regulation under the order. The Small
Business Administration (SBA) 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 (2015) shows that about
4.36 tons, or 8,720 pounds, of dates were produced per acre. The 2015
producer price published by NASS was $1,560 per ton. Thus, the value of
date production per acre in 2014-15 averaged about $6,802 (4.36 tons
times $1,560 per ton, rounded to the nearest dollar). At that average
price, a producer would have to farm over 110 acres to receive an
annual income from dates of $750,000 ($750,000 divided by $6,802 per
acre equals 110.26 acres). According to committee staff, the majority
of California date producers farm less than 110 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 California date handlers have receipts of less than
$7,500,000 and may also be considered small entities under SBA's
definition.
This rule continues in effect the action that decreased the
assessment rate established for the committee and collected from
handlers for the 2016-17 and subsequent crop years from $0.10 to $0.05
per hundredweight of dates. The committee unanimously recommended 2016-
17 expenditures of $52,500 and an assessment rate of $0.05 per
hundredweight of dates. The assessment rate of $0.05 is $0.05 lower
than the rate previously in effect. Applying the $0.05 per
hundredweight assessment rate to the committee's 29,000,000 pounds
(290,000 hundredweight) crop estimate should provide $14,500 in
assessment income. Thus, income derived from handler assessments, along
with interest income and funds from the committee's monetary reserve,
will be adequate to cover the budgeted expenses. This action will allow
the committee to reduce its financial reserve while still providing
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, and some of the costs may be passed on to
producers. However, decreasing the assessment rate reduces the burden
on handlers and may reduce the burden on producers.
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
June 22, 2016, 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 Crops 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 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 November 21, 2016. 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: https://www.regulations.gov/document?D=AMS-SC-16-0084-0001.
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 (81 FR 64759, September 21, 2016) 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--DOMESTIC DATES PRODUCED OR PACKED IN RIVERSIDE COUNTY,
CALIFORNIA [AMENDED]
0
Accordingly, the interim rule amending 7 CFR part 987, which was
published at 81 FR 64759 on September 21, 2016, is adopted as a final
rule, without change.
[[Page 92566]]
Dated: December 12, 2016.
Bruce Summers,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2016-30303 Filed 12-19-16; 8:45 am]
BILLING CODE 3410-02-P