Domestic Dates Produced or Packed in Riverside County, California; Decreased Assessment Rate, 89327-89330 [2023-28279]
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Federal Register / Vol. 88, No. 247 / Wednesday, December 27, 2023 / Proposed Rules
• OPM also requests comment on the
options available to non-bargaining unit
employees to seek redress after being
non-competitively placed on a timelimited promotion exceeding 120 days
without commensurate pay. Based on
comments received, OPM could
consider exercising its authority to
confer jurisdiction on an adjudicative
body to evaluate complaints filed by
non-bargaining unit employees to the
extent OPM can confer such
jurisdiction.
Regulatory Review
Executive Orders 13563, 12866, and
14094 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). A regulatory impact analysis
must be prepared for major rules with
effects of $200 million or more in any
one year. This rulemaking does not
reach that threshold; however, OMB has
designated the rule as a ‘‘significant
regulatory action’’ under Executive
Order 14094.
Regulatory Flexibility Act
The Director of OPM certifies that this
proposed rule will not have a significant
economic impact on a substantial
number of small entities.
Federalism
This proposed rule will not have
substantial direct effects on the States,
on the relationship between the
National Government and the States, or
on distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with Executive Order 13132,
it is determined that this proposed rule
does not have sufficient federalism
implications to warrant preparation of a
Federalism Assessment.
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Office of Personnel Management.
Kayyonne Marston,
Federal Register Liaison.
Accordingly, for the reasons stated in
the preamble, OPM proposes to amend
5 CFR part 335 as follows:
PART 335—Promotion and Internal
Placement
1. The authority citation for part 335
continues to read as follows:
■
Authority: 5 U.S.C. 2301, 2302, 3301, 3302,
3330; E.O. 10577, E.O. 11478, 3 CFR 1966–
1970, Comp., page 803, unless otherwise
noted, E.O. 13087; and E.O. 13152, 3 CFR
19554–58 Comp., p.218; 5 U.S.C. 3304(f), and
Pub. L. 106–117, and 5 CFR 2.2 and 7.1.
Subpart A—General Provisions
2. Amend § 335.103 by adding new
paragraph (c)(2)(iii) to read as follows:
■
§ 335.103
Agency promotion programs.
*
*
*
*
*
(c) * * *
(2) * * *
(iii) A retroactive temporary
promotion to a higher-graded position
pursuant to a final order by an
arbitrator, adjudicative body, or court.
*
*
*
*
*
[FR Doc. 2023–28458 Filed 12–26–23; 8:45 am]
BILLING CODE 6325–39–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 987
[Doc. No. AMS–SC–23–0058]
Agricultural Marketing Service,
Department of Agriculture (USDA).
ACTION: Proposed rule.
AGENCY:
Unfunded Mandates Reform Act of 1995
This proposed rule will not result in
the expenditure by state, local, and
tribal governments, in the aggregate, or
by the private sector, of $100 million or
more in any year and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
16:35 Dec 26, 2023
List of Subjects in 5 CFR Part 335
Government employees.
Domestic Dates Produced or Packed in
Riverside County, California;
Decreased Assessment Rate
Civil Justice Reform
This proposed rule meets the
applicable standard set forth in
Executive Order 12988.
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Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3521)
This regulatory action is not expected
to impose any reporting or
recordkeeping requirements under the
Paperwork Reduction Act.
This proposed rule would
implement a recommendation from the
California Date Administrative
Committee (Committee) to decrease the
assessment rate established for the
2023–2024 and subsequent crop years.
The proposed assessment rate would
remain in effect indefinitely unless
modified, suspended, or terminated.
SUMMARY:
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89327
Comments must be received by
January 26, 2024.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this proposed rule.
Comments can be sent to the Docket
Clerk, Market Development Division,
Specialty Crops Program, AMS, USDA,
1400 Independence Avenue SW, STOP
0237, Washington, DC 20250–0237.
Comments can also be submitted to the
Docket Clerk electronically by Email:
MarketingOrderComment@usda.gov or
via the internet at: https://
www.regulations.gov. Comments should
reference the document number and the
date and page number of this issue of
the Federal Register. Comments
submitted in response to this proposed
rule will be included in the record and
will be made available to the public and
can be viewed at: https://
www.regulations.gov. Please be advised
that the identity of the individuals or
entities submitting the comments will
be made public on the internet at the
address provided above.
FOR FURTHER INFORMATION CONTACT:
Bianca Bertrand, Marketing Specialist,
or Gary Olson, Chief, West Region
Branch, Market Development Division,
Specialty Crops Program, AMS, USDA;
Telephone: (503) 326–2724, or Email:
BiancaM.Bertrand@usda.gov or
GaryD.Olson@usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Richard Lower,
Market Development Division, Specialty
Crops Program, AMS, USDA, 1400
Independence Avenue SW, STOP 0237,
Washington, DC 20250–0237;
Telephone: (202) 720–2491, or Email:
Richard.Lower@usda.gov.
SUPPLEMENTARY INFORMATION: This
action, pursuant to 5 U.S.C. 553,
proposes to amend regulations issued to
carry out a marketing order as defined
in 7 CFR 900.2(j). This proposed rule is
issued under Marketing Order No. 987,
as amended (7 CFR part 987), regulating
the handling of domestic dates
produced or packed in Riverside
County, California. Part 987 referred to
as 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
Committee locally administers the
Order and is comprised of producers
and producer-handlers operating within
the area of production.
The Agricultural Marketing Service
(AMS) is issuing this proposed rule in
conformance with Executive Orders
12866, 13563, and 14094. Executive
Orders 12866 and 13563 direct agencies
to assess all costs and benefits of
DATES:
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Federal Register / Vol. 88, No. 247 / Wednesday, December 27, 2023 / Proposed Rules
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. Executive Order
14094 supplements and reaffirms
Executive Orders 12866 and 13563 and
directs agencies to conduct proactive
outreach to engage interested and
affected parties through a variety of
means, such as through field offices,
and alternative platforms and media.
This action falls within a category of
regulatory actions that the Office of
Management and Budget (OMB)
exempted from Executive Orders 12866,
13563, and 14094 review.
This proposed rule has been reviewed
under Executive Order 13175,
Consultation and Coordination with
Indian Tribal Governments, which
requires agencies to consider whether
their rulemaking actions would have
Tribal implications. AMS has
determined that this proposed rule is
unlikely to have substantial direct
effects on one or more Indian Tribes, on
the relationship between the Federal
Government and Indian Tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian Tribes.
This proposed rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. Under the Order now in
effect, California date handlers are
subject to assessments. Funds to
administer the Order are derived from
such assessments. It is intended that the
assessment rate would be applicable to
all assessable dates for the 2023–2024
crop year, and continue until amended,
suspended, or terminated.
The Act provides that administrative
proceedings must be exhausted before
parties may file suit in court. Under
section 608c(15)(A) of the Act, any
handler subject to an order may file
with USDA a petition stating that the
order, any provision of the order, or any
obligation imposed in connection with
the order is not in accordance with law
and request a modification of the order
or to be exempted therefrom. Such
handler is afforded the opportunity for
a hearing on the petition. After the
hearing, USDA would rule on the
petition. The Act provides that the
district court of the United States in any
district in which the handler is an
inhabitant, or has his or her principal
place of business, has jurisdiction to
review USDA’s ruling on the petition,
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provided an action is filed not later than
20 days after the date of the entry of the
ruling.
This proposed rule would decrease
the assessment rate for dates handled
under the Order from $0.20 per
hundredweight, the rate that was
established for the 2020–2021 and
subsequent crop years, to $0.15 per
hundredweight for the 2023–2024 and
subsequent crop years.
The Order authorizes the Committee,
with the approval of AMS, to formulate
an annual budget of expenses and
collect assessments from handlers to
administer the program. The members
of the Committee are familiar with the
Committee’s needs and with the costs of
goods and services in their local area.
Therefore, they can formulate an
appropriate budget and assessment rate.
The assessment rate is formulated and
discussed in a public meeting, and all
directly affected persons have an
opportunity to participate and provide
input.
For the 2020–2021 and subsequent
crop years, the Committee
recommended, and AMS approved, an
assessment rate of $0.20 per
hundredweight of dates. That rate
continues in effect from crop year to
crop year until modified, suspended, or
terminated by AMS upon
recommendation and information
submitted by the Committee or other
information available to AMS.
The Committee met on June 27, 2023,
and recommended 2023–2024 crop year
expenditures of $75,800 and an
assessment rate of $0.15 per
hundredweight of dates handled for the
2023–2024 and subsequent crop years.
In comparison, last year’s budgeted
expenditures were $77,250. The
proposed assessment rate of $0.15 per
hundredweight is $0.05 lower than the
rate currently in effect. The Committee
recommended decreasing the
assessment rate to better align
assessment revenue with budgeted
expenses and to keep the Committee’s
financial reserve within the amount
allowed under the Order. The
Committee projects that handlers will
handle 426,000 hundredweight of
California dates for the 2023–2024 crop
year, which is the same quantity that
was projected for the 2022–2023 crop
year. The proposed lower rate would
provide sufficient funds to cover most of
the 2023–2024 crop year anticipated
expenses, with the balance coming from
other income and the Committee’s
financial reserve. Assessments on
California dates handled would generate
approximately $63,900 in income at the
recommended $0.15 per hundredweight
assessment rate.
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The Committee’s budgeted
expenditures for the 2023–2024 crop
year total $75,800. The Committee’s
expenses include $48,000 for
management services, $16,800 for office
administration, and $11,000 for the
financial audit. In comparison, the
previous crop year’s total budget was
$77,250, with $48,000 for management
services, $19,750 for office
administration, and $9,500 for the audit.
The assessment rate recommended by
the Committee was derived by
considering anticipated expenses, the
expected volume of dates handled, and
the amount of funds available in the
operating reserve. Income derived from
handler assessments of $63,900 (426,000
hundredweight assessed at the proposed
rate of $0.15) would be adequate to
cover most of the Committee’s budgeted
expenses of $75,800, with the balance
covered from $5,100 in surplus
allocation income and $6,800 from
reserve funds. After expending $6,800
from the reserve on budgeted expenses,
the ending 2023–2024 crop year balance
in the financial reserve fund is expected
to be $49,400, which would be less than
the average of the annual expenses of
the preceding five years, as mandated by
the Order in § 987.72(d).
Although this proposed assessment
rate would be in effect for an indefinite
period, the Committee would continue
to meet prior to or during each crop year
to recommend a budget of expenses and
consider recommendations for
modification of the assessment rate. The
dates and times of Committee meetings
are available from the Committee or
AMS. Committee meetings are open to
the public and interested persons may
express their views at these meetings.
AMS would evaluate Committee
recommendations and other available
information to determine whether
modification of the assessment rate is
needed. Further rulemaking would be
undertaken as necessary. The
Committee’s 2023–2024 crop year
budget, and those for subsequent crop
years, will be reviewed and, as
appropriate, approved by AMS.
Initial Regulatory Flexibility Analysis
Pursuant to requirements set forth in
the Regulatory Flexibility Act (RFA) (5
U.S.C. 601–612), AMS has considered
the economic impact of this proposed
rule on small entities. Accordingly,
AMS has prepared this initial 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
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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
Order. Small agricultural producers of
dates are defined by the Small Business
Administration (SBA) as those having
annual receipts of less than $3,500,000
(NAICS code 111339), and small
agricultural service firms are defined as
those whose annual receipts are less
than $34,000,000 (NAICS code 115114)
(13 CFR 121.201).
According to the National
Agricultural Statistics Service (NASS),
data for the most-recently completed
crop year (2022) shows that California
date farmers produced 49,200 tons of
dates and that the producer price for
fresh market California dates was $2,840
per ton. With the estimated 49,200-ton
crop, the total farm gate value for
California date producers was
approximately $139,728,000 (49,200
multiplied by $2,840). Therefore, the
average fresh market date revenue for
the 70 producers within the production
area would be about $1,996,114
($139,728,000 divided by 70). Thus, it
can be concluded that the many of the
date producers within the production
area could be considered small entities.
Furthermore, USDA Market News
reported an average terminal market
price of $53.90 per 11-pound carton for
the 2021–2022 crop year. With
approximately 98,400,000 pounds
handled, the industry would have
shipped an estimated 8,945,454 11pound cartons (98,400,000 divided by
11-pound carton) of packaged dates for
a total value of $482,159,971 (8,945,454
multiplied by $53.90). With 11 date
handlers within the production area, the
average revenue per handler is
estimated to be $43,832,724 for the
2021–2022 crop year ($482,159,971
divided by 11). Thus, most California
date handlers could be considered large
entities.
This proposal would decrease the
assessment rate collected from handlers
for the 2023–2024 and subsequent crop
years from $0.20 to $0.15 per
hundredweight of assessable dates. The
Committee unanimously recommended
2023–2024 crop year expenditures of
$75,800 and a $0.15 per hundredweight
assessment rate. The Committee expects
the industry to handle 426,000
hundredweight of assessable dates
during the 2023–2024 crop year. Thus,
at the $0.15 per hundredweight rate, the
Committee anticipates $63,900 in
assessment income (426,000
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16:35 Dec 26, 2023
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hundredweight multiplied by $0.15 per
hundredweight). The Committee also
expects to utilize surplus allocation
($5,100) and the Committee’s monetary
reserve ($6,800) to cover the remaining
$11,900 of expenses. Income derived
from all sources are expected to be
adequate to meet budgeted expenditures
for the 2023–2024 crop year. The
Committee’s reserve balance
(approximately $49,400 at the end of the
2023–2024 crop year) would be
maintained at a level that the Committee
believes is appropriate and is compliant
with the provisions of the Order.
The Committee’s budgeted
expenditures for the 2023–2024 crop
year total $75,800. The Committee’s
expenses include $48,000 for
management services, $16,800 for office
administration, and $11,000 for the
financial audit. In comparison, the
previous crop year’s total budget was
$77,250, with $48,000 for management
services, $19,750 for office
administration, and $9,500 for the audit.
Prior to arriving at the budget and
proposed assessment rate, the
Committee discussed various
alternatives. However, the Committee
determined that the recommended
assessment rate would be able to reduce
the financial burden on the industry
without drawing down reserves to an
unsustainable rate. The assessment rate
of $0.15 per hundredweight of
assessable dates was derived by
considering anticipated expenses, the
projected volume of dates handled, the
projected monetary balance held in
reserve, and additional pertinent factors.
A review of NASS information
indicates that the average producer
price for the 2022 crop year was $2,840
per ton ($142.00 per hundredweight).
Utilizing the recommended assessment
rate of $0.15 per hundredweight, the
estimated assessment revenue as a
percentage of total producer revenue
would be approximately 0.106 percent
($0.15 per hundredweight divided by
$142.00 and multiplied by 100).
This proposed action would decrease
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, these costs are
expected to be offset by the benefits
derived by the operation of the Order.
The Committee’s meetings are widely
publicized throughout the production
area. The California date industry and
all other interested persons are invited
to attend the meetings and participate in
Committee deliberations on all issues.
Like all Committee meetings, the June
27, 2023, meeting was a public meeting
and all entities, both large and small,
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89329
were able to express views on this issue.
Finally, interested persons are invited to
submit comments on this proposed rule,
including the regulatory and
information collection impacts of this
action on small businesses.
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 OMB and
assigned OMB No. 0581–0178,
Vegetable and Specialty Crops. No
changes in those requirements would be
necessary as a result of this proposed
rule. Should any changes become
necessary, they would be submitted to
OMB for approval.
This proposed rule would not impose
any 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.
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.
AMS has not identified any relevant
Federal rules that duplicate, overlap, or
conflict with this proposed rule.
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. Any questions
about the compliance guide should be
sent to Richard Lower at the previously
mentioned address in the FOR FURTHER
INFORMATION CONTACT section.
A 30-day comment period is provided
to allow interested persons to respond
to this proposed rule. All written
comments timely received will be
considered before a final determination
is made on this rule.
List of Subjects in 7 CFR Part 987
Dates, Marketing agreements,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, the Agricultural Marketing
Service proposes to amend 7 CFR part
987 as follows:
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Federal Register / Vol. 88, No. 247 / Wednesday, December 27, 2023 / Proposed Rules
PART 987—DOMESTIC DATES
PRODUCED OR PACKED IN
RIVERSIDE COUNTY, CALIFORNIA
1. The authority citation for 7 CFR
part 987 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
■
2. Revise 987.339 to read as follows:
§ 987.339
Assessment rate.
On and after October 1, 2023, an
assessment rate of $0.15 per
hundredweight is established for dates
produced or packed in Riverside
County, California.
Erin Morris,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2023–28279 Filed 12–26–23; 8:45 am]
BILLING CODE P
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE–2017–BT–STD–0019]
RIN 1904–AD91
Energy Conservation Program: Energy
Conservation Standards for Consumer
Water Heaters
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Supplemental notice of
proposed rulemaking and request for
comment.
AGENCY:
The Energy Policy and
Conservation Act, as amended
(‘‘EPCA’’), prescribes energy
conservation standards for various
consumer products and certain
commercial and industrial equipment,
including consumer water heaters. On
July 28, 2023, the U.S. Department of
Energy (‘‘DOE’’ or ‘‘the Department’’)
proposed amended energy conservation
standards for certain consumer water
heaters, including circulating water
heaters, along with supporting
definitions. In this supplemental notice
of proposed rulemaking (‘‘SNOPR’’)
DOE proposes to amend the definition
for circulating water heaters and clarify
that circulating water heaters would be
subject to the proposed energy
conservation standards for storage-type
water heaters. DOE requests comment
on these proposed definitions.
DATES:
Comments: DOE will accept
comments, data, and information
regarding this SNOPR no later than
January 10, 2024.
Interested persons are encouraged to
submit comments using the Federal
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SUMMARY:
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16:35 Dec 26, 2023
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eRulemaking Portal at
www.regulations.gov under docket
number EERE–2017–BT–STD–0019.
Follow the instructions for submitting
comments. Alternatively, interested
persons may submit comments,
identified by docket number EERE–
2017–BT–STD–0019, by any of the
following methods:
Email:
ConsumerWaterHeaters2017STD0019@
ee.doe.gov. Include the docket number
EERE–2017–BT–STD–0019 in the
subject line of the message.
Postal Mail: Appliance and
Equipment Standards Program, U.S.
Department of Energy, Building
Technologies Office, Mailstop EE–5B,
1000 Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (202) 287–1445. If possible,
please submit all items on a compact
disc (‘‘CD’’), in which case it is not
necessary to include printed copies.
Hand Delivery/Courier: Appliance
and Equipment Standards Program, U.S.
Department of Energy, Building
Technologies Office, 950 L’Enfant Plaza
SW, 6th Floor, Washington, DC 20024.
Telephone: (202) 287–1445. If possible,
please submit all items on a CD, in
which case it is not necessary to include
printed copies.
No telefacsimiles (‘‘faxes’’) will be
accepted. For detailed instructions on
submitting comments and additional
information on this process, see section
V of this document.
Docket: The docket for this activity,
which includes Federal Register
notices, comments, and other
supporting documents/materials, is
available for review at
www.regulations.gov. All documents in
the docket are listed in the
www.regulations.gov index. However,
not all documents listed in the index
may be publicly available, such as
information that is exempt from public
disclosure.
The docket web page can be found at
www.regulations.gov/docket/EERE2017-BT-STD-0019. The docket web
page contains instructions on how to
access all documents, including public
comments, in the docket. See section IV
of this document for information on
how to submit comments through
www.regulations.gov.
EPCA requires the Attorney General
to provide DOE a written determination
of whether the proposed standard is
likely to lessen competition. The U.S.
Department of Justice Antitrust Division
invites input from market participants
and other interested persons with views
on the likely competitive impact of the
proposed standard. Interested persons
may contact the Division at
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energy.standards@usdoj.gov on or
before the date specified in the DATES
section. Please indicate in the ‘‘Subject’’
line of your email the title and Docket
Number of this proposed rulemaking.
FOR FURTHER INFORMATION CONTACT:
Ms. Julia Hegarty, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Office, EE–5B, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Email:
ApplianceStandardsQuestions@
ee.doe.gov.
Ms. Melanie Lampton, U.S.
Department of Energy, Office of the
General Counsel, GC–33, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Telephone: (240) 751–
5157. Email: Melanie.Lampton@
hq.doe.gov.
For further information on how to
submit a comment or review other
public comments and the docket,
contact the Appliance and Equipment
Standards Program staff at (202) 287–
1445 or by email:
ApplianceStandardsQuestions@
ee.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Synopsis
II. Introduction
A. Background
B. Deviation From Appendix A
III. Discussion
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866,
13563 and 14094
B. Review Under the Regulatory Flexibility
Act
C. Review Under the Paperwork Reduction
Act
D. Review Under the National
Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates
Reform Act of 1995
H. Review Under the Treasury and General
Government Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under the Treasury and General
Government Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Information Quality
V. Public Participation
A. Submission of Comments
B. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary
I. Synopsis
The Energy Policy and Conservation
Act,1 as amended, Public Law 94–163
(42 U.S.C. 6291–6317, as codified)
1 All references to EPCA in this document refer
to the statute as amended through the Energy Act
of 2020, Public Law 116–260 (Dec. 27, 2020), which
reflect the last statutory amendments that impact
Parts A and A–1 of EPCA.
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]]>Agencies
[Federal Register Volume 88, Number 247 (Wednesday, December 27, 2023)]
[Proposed Rules]
[Pages 89327-89330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28279]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 987
[Doc. No. AMS-SC-23-0058]
Domestic Dates Produced or Packed in Riverside County,
California; Decreased Assessment Rate
AGENCY: Agricultural Marketing Service, Department of Agriculture
(USDA).
ACTION: Proposed rule.
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SUMMARY: This proposed rule would implement a recommendation from the
California Date Administrative Committee (Committee) to decrease the
assessment rate established for the 2023-2024 and subsequent crop
years. The proposed assessment rate would remain in effect indefinitely
unless modified, suspended, or terminated.
DATES: Comments must be received by January 26, 2024.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposed rule. Comments can be sent to the Docket
Clerk, Market Development Division, Specialty Crops Program, AMS, USDA,
1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-0237.
Comments can also be submitted to the Docket Clerk electronically by
Email: [email protected] or via the internet at: https://www.regulations.gov. Comments should reference the document number and
the date and page number of this issue of the Federal Register.
Comments submitted in response to this proposed rule will be included
in the record and will be made available to the public and can be
viewed at: https://www.regulations.gov. Please be advised that the
identity of the individuals or entities submitting the comments will be
made public on the internet at the address provided above.
FOR FURTHER INFORMATION CONTACT: Bianca Bertrand, Marketing Specialist,
or Gary Olson, Chief, West Region Branch, Market Development Division,
Specialty Crops Program, AMS, USDA; Telephone: (503) 326-2724, or
Email: [email protected] or [email protected].
Small businesses may request information on complying with this
regulation by contacting Richard Lower, Market Development Division,
Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP
0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, or Email:
[email protected].
SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553,
proposes to amend regulations issued to carry out a marketing order as
defined in 7 CFR 900.2(j). This proposed rule is issued under Marketing
Order No. 987, as amended (7 CFR part 987), regulating the handling of
domestic dates produced or packed in Riverside County, California. Part
987 referred to as 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 Committee locally
administers the Order and is comprised of producers and producer-
handlers operating within the area of production.
The Agricultural Marketing Service (AMS) is issuing this proposed
rule in conformance with Executive Orders 12866, 13563, and 14094.
Executive Orders 12866 and 13563 direct agencies to assess all costs
and benefits of
[[Page 89328]]
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. Executive Order 14094
supplements and reaffirms Executive Orders 12866 and 13563 and directs
agencies to conduct proactive outreach to engage interested and
affected parties through a variety of means, such as through field
offices, and alternative platforms and media. This action falls within
a category of regulatory actions that the Office of Management and
Budget (OMB) exempted from Executive Orders 12866, 13563, and 14094
review.
This proposed rule has been reviewed under Executive Order 13175,
Consultation and Coordination with Indian Tribal Governments, which
requires agencies to consider whether their rulemaking actions would
have Tribal implications. AMS has determined that this proposed rule is
unlikely to have substantial direct effects on one or more Indian
Tribes, on the relationship between the Federal Government and Indian
Tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian Tribes.
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. Under the Order now in effect, California date
handlers are subject to assessments. Funds to administer the Order are
derived from such assessments. It is intended that the assessment rate
would be applicable to all assessable dates for the 2023-2024 crop
year, and continue until amended, suspended, or terminated.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 608c(15)(A) of the
Act, any handler subject to an order may file with USDA a petition
stating that the order, any provision of the order, or any obligation
imposed in connection with the order is not in accordance with law and
request a modification of the order or to be exempted therefrom. Such
handler is afforded the opportunity for a hearing on the petition.
After the hearing, USDA would rule on the petition. The Act provides
that the district court of the United States in any district in which
the handler is an inhabitant, or has his or her principal place of
business, has jurisdiction to review USDA's ruling on the petition,
provided an action is filed not later than 20 days after the date of
the entry of the ruling.
This proposed rule would decrease the assessment rate for dates
handled under the Order from $0.20 per hundredweight, the rate that was
established for the 2020-2021 and subsequent crop years, to $0.15 per
hundredweight for the 2023-2024 and subsequent crop years.
The Order authorizes the Committee, with the approval of AMS, to
formulate an annual budget of expenses and collect assessments from
handlers to administer the program. The members of the Committee are
familiar with the Committee's needs and with the costs of goods and
services in their local area. Therefore, they can formulate an
appropriate budget and assessment rate. The assessment rate is
formulated and discussed in a public meeting, and all directly affected
persons have an opportunity to participate and provide input.
For the 2020-2021 and subsequent crop years, the Committee
recommended, and AMS approved, an assessment rate of $0.20 per
hundredweight of dates. That rate continues in effect from crop year to
crop year until modified, suspended, or terminated by AMS upon
recommendation and information submitted by the Committee or other
information available to AMS.
The Committee met on June 27, 2023, and recommended 2023-2024 crop
year expenditures of $75,800 and an assessment rate of $0.15 per
hundredweight of dates handled for the 2023-2024 and subsequent crop
years. In comparison, last year's budgeted expenditures were $77,250.
The proposed assessment rate of $0.15 per hundredweight is $0.05 lower
than the rate currently in effect. The Committee recommended decreasing
the assessment rate to better align assessment revenue with budgeted
expenses and to keep the Committee's financial reserve within the
amount allowed under the Order. The Committee projects that handlers
will handle 426,000 hundredweight of California dates for the 2023-2024
crop year, which is the same quantity that was projected for the 2022-
2023 crop year. The proposed lower rate would provide sufficient funds
to cover most of the 2023-2024 crop year anticipated expenses, with the
balance coming from other income and the Committee's financial reserve.
Assessments on California dates handled would generate approximately
$63,900 in income at the recommended $0.15 per hundredweight assessment
rate.
The Committee's budgeted expenditures for the 2023-2024 crop year
total $75,800. The Committee's expenses include $48,000 for management
services, $16,800 for office administration, and $11,000 for the
financial audit. In comparison, the previous crop year's total budget
was $77,250, with $48,000 for management services, $19,750 for office
administration, and $9,500 for the audit.
The assessment rate recommended by the Committee was derived by
considering anticipated expenses, the expected volume of dates handled,
and the amount of funds available in the operating reserve. Income
derived from handler assessments of $63,900 (426,000 hundredweight
assessed at the proposed rate of $0.15) would be adequate to cover most
of the Committee's budgeted expenses of $75,800, with the balance
covered from $5,100 in surplus allocation income and $6,800 from
reserve funds. After expending $6,800 from the reserve on budgeted
expenses, the ending 2023-2024 crop year balance in the financial
reserve fund is expected to be $49,400, which would be less than the
average of the annual expenses of the preceding five years, as mandated
by the Order in Sec. 987.72(d).
Although this proposed assessment rate would be in effect for an
indefinite period, the Committee would continue to meet prior to or
during each crop year to recommend a budget of expenses and consider
recommendations for modification of the assessment rate. The dates and
times of Committee meetings are available from the Committee or AMS.
Committee meetings are open to the public and interested persons may
express their views at these meetings. AMS would evaluate Committee
recommendations and other available information to determine whether
modification of the assessment rate is needed. Further rulemaking would
be undertaken as necessary. The Committee's 2023-2024 crop year budget,
and those for subsequent crop years, will be reviewed and, as
appropriate, approved by AMS.
Initial Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601-612), AMS has considered the economic impact of
this proposed rule on small entities. Accordingly, AMS has prepared
this initial 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
[[Page 89329]]
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 Order. Small
agricultural producers of dates are defined by the Small Business
Administration (SBA) as those having annual receipts of less than
$3,500,000 (NAICS code 111339), and small agricultural service firms
are defined as those whose annual receipts are less than $34,000,000
(NAICS code 115114) (13 CFR 121.201).
According to the National Agricultural Statistics Service (NASS),
data for the most-recently completed crop year (2022) shows that
California date farmers produced 49,200 tons of dates and that the
producer price for fresh market California dates was $2,840 per ton.
With the estimated 49,200-ton crop, the total farm gate value for
California date producers was approximately $139,728,000 (49,200
multiplied by $2,840). Therefore, the average fresh market date revenue
for the 70 producers within the production area would be about
$1,996,114 ($139,728,000 divided by 70). Thus, it can be concluded that
the many of the date producers within the production area could be
considered small entities.
Furthermore, USDA Market News reported an average terminal market
price of $53.90 per 11-pound carton for the 2021-2022 crop year. With
approximately 98,400,000 pounds handled, the industry would have
shipped an estimated 8,945,454 11-pound cartons (98,400,000 divided by
11-pound carton) of packaged dates for a total value of $482,159,971
(8,945,454 multiplied by $53.90). With 11 date handlers within the
production area, the average revenue per handler is estimated to be
$43,832,724 for the 2021-2022 crop year ($482,159,971 divided by 11).
Thus, most California date handlers could be considered large entities.
This proposal would decrease the assessment rate collected from
handlers for the 2023-2024 and subsequent crop years from $0.20 to
$0.15 per hundredweight of assessable dates. The Committee unanimously
recommended 2023-2024 crop year expenditures of $75,800 and a $0.15 per
hundredweight assessment rate. The Committee expects the industry to
handle 426,000 hundredweight of assessable dates during the 2023-2024
crop year. Thus, at the $0.15 per hundredweight rate, the Committee
anticipates $63,900 in assessment income (426,000 hundredweight
multiplied by $0.15 per hundredweight). The Committee also expects to
utilize surplus allocation ($5,100) and the Committee's monetary
reserve ($6,800) to cover the remaining $11,900 of expenses. Income
derived from all sources are expected to be adequate to meet budgeted
expenditures for the 2023-2024 crop year. The Committee's reserve
balance (approximately $49,400 at the end of the 2023-2024 crop year)
would be maintained at a level that the Committee believes is
appropriate and is compliant with the provisions of the Order.
The Committee's budgeted expenditures for the 2023-2024 crop year
total $75,800. The Committee's expenses include $48,000 for management
services, $16,800 for office administration, and $11,000 for the
financial audit. In comparison, the previous crop year's total budget
was $77,250, with $48,000 for management services, $19,750 for office
administration, and $9,500 for the audit.
Prior to arriving at the budget and proposed assessment rate, the
Committee discussed various alternatives. However, the Committee
determined that the recommended assessment rate would be able to reduce
the financial burden on the industry without drawing down reserves to
an unsustainable rate. The assessment rate of $0.15 per hundredweight
of assessable dates was derived by considering anticipated expenses,
the projected volume of dates handled, the projected monetary balance
held in reserve, and additional pertinent factors.
A review of NASS information indicates that the average producer
price for the 2022 crop year was $2,840 per ton ($142.00 per
hundredweight). Utilizing the recommended assessment rate of $0.15 per
hundredweight, the estimated assessment revenue as a percentage of
total producer revenue would be approximately 0.106 percent ($0.15 per
hundredweight divided by $142.00 and multiplied by 100).
This proposed action would decrease 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, these
costs are expected to be offset by the benefits derived by the
operation of the Order.
The Committee's meetings are widely publicized throughout the
production area. The California date industry and all other interested
persons are invited to attend the meetings and participate in Committee
deliberations on all issues. Like all Committee meetings, the June 27,
2023, meeting was a public meeting and all entities, both large and
small, were able to express views on this issue. Finally, interested
persons are invited to submit comments on this proposed rule, including
the regulatory and information collection impacts of this action on
small businesses.
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 OMB and assigned OMB No. 0581-0178, Vegetable
and Specialty Crops. No changes in those requirements would be
necessary as a result of this proposed rule. Should any changes become
necessary, they would be submitted to OMB for approval.
This proposed rule would not impose any 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.
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.
AMS has not identified any relevant Federal rules that duplicate,
overlap, or conflict with this proposed rule.
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. Any
questions about the compliance guide should be sent to Richard Lower at
the previously mentioned address in the FOR FURTHER INFORMATION CONTACT
section.
A 30-day comment period is provided to allow interested persons to
respond to this proposed rule. All written comments timely received
will be considered before a final determination is made on this rule.
List of Subjects in 7 CFR Part 987
Dates, Marketing agreements, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, the Agricultural
Marketing Service proposes to amend 7 CFR part 987 as follows:
[[Page 89330]]
PART 987--DOMESTIC DATES PRODUCED OR PACKED IN RIVERSIDE COUNTY,
CALIFORNIA
0
1. The authority citation for 7 CFR part 987 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
0
2. Revise 987.339 to read as follows:
Sec. 987.339 Assessment rate.
On and after October 1, 2023, an assessment rate of $0.15 per
hundredweight is established for dates produced or packed in Riverside
County, California.
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2023-28279 Filed 12-26-23; 8:45 am]
BILLING CODE P
