Rules of Practice, 55023-55024 [2024-14682]
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Federal Register / Vol. 89, No. 128 / Wednesday, July 3, 2024 / Rules and Regulations
and other sources including member
fees and interest income, should be
adequate to cover budgeted expenses.
The major expenditures
recommended by the Committee for the
2023–2024 fiscal period include
$350,000 for research; $340,000 for
education and promotions; and
$277,393 for management and staff. By
comparison, budgeted expenses for
these items during the 2022–2023 fiscal
period were $350,000; $330,000; and
$274,105, respectively.
The Committee unanimously
recommended increasing the assessment
rate after drawing down financial
reserves in previous seasons. The
Committee desires to maintain a
financial reserve of around $250,000,
and without increasing the assessment
rate, the Committee will not be able to
maintain financial reserves at this level.
The Committee estimates production for
the 2023–2024 fiscal period to be
22,000,000 25-pound containers or
equivalent of Florida tomatoes. At the
current assessment rate, assessment
income should equal $550,000
(22,000,000 containers multiplied by
$0.025). By increasing the assessment
rate by $0.01, assessment income should
be $770,000 (22,000,000 containers
multiplied by $0.035). This amount,
along with Foreign Agricultural Service
Market Access Program grants, and
other income, should provide sufficient
funds to meet anticipated 2023–2024
fiscal period expenses, while
maintaining financial reserves at around
$250,000.
Prior to arriving at this budget and
assessment rate, the Committee
considered maintaining the current
assessment rate of $0.025. However, the
Committee would need to further draw
down reserves to meet its expenses. The
Committee members did not want to
utilize additional funds from reserves to
meet 2023–2024 fiscal period expenses.
Consequently, the alternative of
maintaining the current assessment rate
was rejected.
A review of historical and preliminary
information pertaining to the upcoming
fiscal period indicates the average
grower price for the 2023–2024 season
should be approximately $11.00 per 25pound container of tomatoes or
equivalent. Therefore, the estimated
assessment revenue for the 2023–2024
crop year as a percentage of total grower
revenue should be about 0.32 percent
($0.035 divided by $11.00 multiplied by
100).
This action increases the assessment
obligation imposed on Florida tomato
handlers. Assessments are applied
uniformly on all handlers, and some of
the costs may be passed on to
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producers. However, these costs are
expected to be offset by the benefits
derived from the operation of the Order.
The Committee’s meetings are widely
publicized throughout the Florida
tomato industry and all interested
persons are invited to attend the
meeting and participate in Committee
deliberations on all issues. Like all
Committee meetings, the September 20,
2023, meeting was a public meeting and
all entities, both large and small, were
able to express views on this issue.
Finally, interested persons were invited
to submit comments on this rulemaking,
including the regulatory and
informational 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 rulemaking. Should
any changes become necessary, they
would be submitted to OMB for
approval.
This rulemaking will not impose any
additional reporting or recordkeeping
requirements on either small or large
Florida tomato 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 rulemaking.
A proposed rule concerning this
action was published in the Federal
Register on March 7, 2024 (89 FR
16471). Copies of the proposed rule
were provided to all Florida tomato
handlers. The proposal was also made
available through the internet by USDA
and the Office of the Federal Register. A
30-day comment period ending April 8,
2024, was provided for interested
persons to respond to the proposal.
AMS received three comments during
the comment period. Two commentors
supported the action and one
commenter did not address the merits of
the proposed rule. Accordingly, AMS
made no changes to the rule as
proposed.
A small business guide on complying
with fruit, vegetable, and specialty crop
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55023
marketing agreements and orders may
be viewed at: https://www.ams.
usda.gov/rules-regulations/moa/smallbusinesses. 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 recommendations
submitted by the Committee and other
available information, AMS has
determined that this rulemaking is
consistent with and will effectuate the
purposes of the Act.
List of Subjects in 7 CFR Part 966
Marketing agreements, Reporting and
recordkeeping requirements, Tomatoes.
For the reasons set forth in the
preamble, the Agricultural Marketing
Service amends 7 CFR part 966 as
follows:
PART 966—TOMATOES GROWN IN
FLORIDA
1. The authority citation for part 966
continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
■
2. Revise § 966.234 to read as follows:
§ 966.234
Assessment rate.
On and after August 1, 2023, an
assessment rate of $0.035 per 25-pound
container or equivalent is established
for Florida tomatoes.
Melissa Bailey,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2024–14551 Filed 7–2–24; 8:45 am]
BILLING CODE P
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 500
Rules of Practice
CFR Correction
This rule is being published by the
Office of the Federal Register to correct
an editorial or technical error that
appeared in the most recent annual
revision of the Code of Federal
Regulations.
■ In Title 9 of the Code of Federal
Regulations, Part 200 to End, revised as
of January 1, 2024, amend section 500.7
by revising paragraph (a)(5) to read as
follows:
§ 500.7
Refusal to grant inspection.
(a) * * *
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03JYR1
55024
Federal Register / Vol. 89, No. 128 / Wednesday, July 3, 2024 / Rules and Regulations
(5) Is unfit to engage in any business
requiring inspection as specified in
section 401 of the FMIA, section 18(a)
of the PPIA, or section 18 of the EPIA.
*
*
*
*
*
[FR Doc. 2024–14682 Filed 7–2–24; 8:45 am]
BILLING CODE 0099–10–P
CONSUMER FINANCIAL PROTECTION
BUREAU
12 CFR Part 1002
[Docket No. CFPB–2024–0018]
RIN 3170–AA09
Small Business Lending Under the
Equal Credit Opportunity Act
(Regulation B); Extension of
Compliance Dates
Consumer Financial Protection
Bureau.
ACTION: Interim final rule with request
for public comment.
AGENCY:
In light of court orders in
ongoing litigation, the Consumer
Financial Protection Bureau (CFPB or
Bureau) is amending Regulation B to
extend the compliance dates set forth in
its 2023 small business lending rule and
to make other date-related conforming
adjustments.
SUMMARY:
This interim final rule is
effective August 2, 2024. Comments
must be received on or before August 2,
2024.
ADDRESSES: You may submit comments,
identified by Docket No. CFPB–2024–
0018 or RIN 3170–AA09, by any of the
following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments. A
brief summary of this document will be
available at https://
www.regulations.gov/docket/CFPB2024-0018.
• Email: 2024-IFRSBLcompliancedates@cfpb.gov. Include
Docket No. CFPB–2024–0018 or RIN
3170–AA09 in the subject line of the
message.
• Mail/Hand Delivery/Courier:
Comment Intake—Small Business
Lending Compliance Dates, c/o Legal
Division Docket Manager, Consumer
Financial Protection Bureau, 1700 G
Street NW, Washington, DC 20552.
Instructions: The CFPB encourages
the early submission of comments. All
submissions should include the agency
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DATES:
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name and docket number or Regulatory
Information Number (RIN) for this
rulemaking. Because paper mail is
subject to delay, commenters are
encouraged to submit comments
electronically. In general, all comments
received will be posted without change
to https://www.regulations.gov.
All submissions, including
attachments and other supporting
materials, will become part of the public
record and subject to public disclosure.
Proprietary information or sensitive
personal information, such as account
numbers or Social Security numbers, or
names of other individuals, should not
be included. Submissions will not be
edited to remove any identifying or
contact information.
FOR FURTHER INFORMATION CONTACT:
George Karithanom, Regulatory
Implementation and Guidance Program
Analyst, Office of Regulations, at 202–
435–7700 or https://reginquiries.
consumerfinance.gov/. If you require
this document in an alternative
electronic format, please contact CFPB_
Accessibility@cfpb.gov.
SUPPLEMENTARY INFORMATION:
I. Background
In 2010, Congress passed the DoddFrank Wall Street Reform and Consumer
Protection Act (Dodd-Frank Act).
Section 1071 of that Act 1 amended the
Equal Credit Opportunity Act (ECOA) 2
to require that financial institutions
collect and report to the CFPB certain
data regarding applications for credit for
women-owned, minority-owned, and
small businesses. Section 1071’s
statutory purposes are to (1) facilitate
enforcement of fair lending laws, and (2)
enable communities, governmental
entities, and creditors to identify
business and community development
needs and opportunities of womenowned, minority-owned, and small
businesses.
Section 1071 directs the CFPB to
prescribe such rules and issue such
guidance as may be necessary to carry
out, enforce, and compile data pursuant
to section 1071. On March 30, 2023, the
CFPB issued a final rule to implement
section 1071 by adding subpart B to
Regulation B (2023 final rule). The 2023
final rule was published in the Federal
Register on May 31, 2023.3 Further
1 Public Law 111–203, tit. X, section 1071, 124
Stat. 1376, 2056 (2010), codified at ECOA section
704B, 15 U.S.C. 1691c–2.
2 15 U.S.C. 1691 et seq.
3 88 FR 35150 (May 31, 2023).
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details about section 1071 and this
rulemaking can be found in the
preamble to the 2023 final rule.
Subsequently, some lenders filed
challenges to the 2023 final rule in the
United States District Court for the
Southern District of Texas.4 On July 31,
2023, the court issued an order 5 that
preliminarily enjoined the CFPB from
implementing and enforcing the 2023
final rule against plaintiffs and their
members pending the Supreme Court’s
reversal of Community Financial
Services Association of America, Ltd. v.
CFPB, 51 F.4th 616 (5th Cir. 2022), cert.
granted, 143 S. Ct. 978 (2023) (CFSA),
a trial on the merits, or until further
court order. The court’s order also
stayed all deadlines for compliance with
the requirements of the 2023 final rule
for plaintiffs and their members pending
the outcome of the Supreme Court case.
The Texas court ordered that, in the
event of a reversal in the Supreme Court
case, the CFPB extend plaintiffs’ and
their members’ deadlines for
compliance with the 2023 final rule to
compensate for the period stayed.
Following motions to intervene by a
number of other parties, on October 26,
2023, the Texas court extended the
terms of its order to all covered financial
institutions (i.e., issued a nationwide
stay).6
On May 16, 2024, the Supreme Court
reversed the Fifth Circuit’s ruling in
CFSA.7
Summary of the Interim Final Rule
In this interim final rule, the CFPB is
extending the compliance dates set forth
in the 2023 final rule and making
conforming adjustments. Consistent
with existing court orders, the
compliance dates are being extended
290 days to compensate for the period
the rule was stayed (July 31, 2023 to
May 16, 2024). Thus, covered financial
institutions must begin collecting data
as follows:
4 Texas Bankers Ass’n v. CFPB, No. 7:23–cv–
00144 (S.D. Tex.).
5 Order Granting-in-Part and Denying-in-Part Pls.’
Mot. for Prelim. Injunction, Texas Bankers Ass’n,
No. 7:23–cv–00144 (S.D. Tex. July 31, 2023), ECF
No. 25, https://files.consumerfinance.gov/f/
documents/cfpb_pi_order_texas_bankers.pdf.
6 Order Granting Intervenors’ Mots. For Prelim.
Injunction, Texas Bankers Ass’n, No. 7:23–cv–
00144 (S.D. Tex. Oct. 26, 2023), ECF No. 69, https://
files.consumerfinance.gov/f/documents/cfpb_pi_
second_order_texas_bankers.pdf.
7 CFPB v. Cmty. Fin. Servs. Ass’n of Am., Ltd., 601
U.S. 416 (2024).
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Agencies
[Federal Register Volume 89, Number 128 (Wednesday, July 3, 2024)]
[Rules and Regulations]
[Pages 55023-55024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14682]
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Part 500
Rules of Practice
CFR Correction
This rule is being published by the Office of the Federal Register
to correct an editorial or technical error that appeared in the most
recent annual revision of the Code of Federal Regulations.
0
In Title 9 of the Code of Federal Regulations, Part 200 to End, revised
as of January 1, 2024, amend section 500.7 by revising paragraph (a)(5)
to read as follows:
Sec. 500.7 Refusal to grant inspection.
(a) * * *
[[Page 55024]]
(5) Is unfit to engage in any business requiring inspection as
specified in section 401 of the FMIA, section 18(a) of the PPIA, or
section 18 of the EPIA.
* * * * *
[FR Doc. 2024-14682 Filed 7-2-24; 8:45 am]
BILLING CODE 0099-10-P