80 FR 27243 - Grapes Grown in a Designated Area of Southeastern California; Increased Assessment Rate
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 80, Issue 92 (May 13, 2015)
Agricultural Marketing Service
Federal Register Volume 80, Issue 92 (May 13, 2015)
| Page Range | 27243-27245 | |
| FR Document | 2015-11468 |
[Federal Register Volume 80, Number 92 (Wednesday, May 13, 2015)] [Rules and Regulations] [Pages 27243-27245] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-11468] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== Federal Register / Vol. 80, No. 92 / Wednesday, May 13, 2015 / Rules and Regulations [[Page 27243]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 925 [Doc. No. AMS-FV-14-0106; FV15-925-2 FR] Grapes Grown in a Designated Area of Southeastern California; Increased Assessment Rate AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule implements a recommendation from the California Desert Grape Administrative Committee for an increase of the assessment rate established for the 2015 and subsequent fiscal periods from $0.0200 to $0.0250 per 18-pound lug of grapes handled under the marketing order. The Committee locally administers the order and is comprised of producers and handlers of grapes grown and handled in a designated area of southeastern California. Assessments upon grape handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period began on January 1 and ends December 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. DATES: Effective Date: May 14, 2015. FOR FURTHER INFORMATION CONTACT: Kathie Notoro, Marketing Specialist, or Martin Engeler, Regional Director, California Marketing Field Office, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA; Telephone: (559) 487-5901, Fax: (559) 487-5906, or Email: [email protected] or [email protected]. Small businesses may request information on complying with this regulation by contacting Jeffrey Smutny, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720- 2491, Fax: (202) 720-8938, or Email: [email protected]. SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Order No. 925 (7 CFR part 925), regulating the handling of grapes grown in a designated area of southeastern California, hereinafter referred to as the ``order.'' 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 Department of Agriculture (USDA) is issuing this rule in conformance with Executive Orders 12866, 13563, and 13175. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the marketing order now in effect, grape handlers in a designated area of southeastern California are subject to assessments. Funds to administer the order are derived from such assessments. It is intended that the assessment rate as issued herein would be applicable to all assessable grapes beginning on January 1, 2015, 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 rule increases the assessment rate established for the Committee for the 2015 and subsequent fiscal periods from $0.0200 to $0.0250 per 18-pound lug of grapes handled. The grape order provides authority for the Committee, with the approval of USDA, to formulate an annual budget of expenses and collect assessments from handlers to administer the program. The members of the Committee are producers and handlers of grapes grown in a designated area of southeastern California. They are familiar with the Committee's needs and with the costs of goods and services in their local area and are thus in a position to formulate an appropriate budget and assessment rate. The assessment rate is formulated and discussed in a public meeting. Thus, all directly affected persons have an opportunity to participate and provide input. For the 2014 and subsequent fiscal periods, the Committee recommended, and the USDA approved, an assessment rate that would continue in effect from fiscal period to fiscal period unless modified, suspended, or terminated by USDA based upon recommendation and information submitted by the Committee or other information available to USDA. The Committee met on October 30, 2014, and unanimously recommended 2015 expenditures of $135,500, a contingency reserve fund of $9,500, and an assessment rate of $0.0250 per 18-pound lug of grapes handled. In comparison, last year's budgeted expenditures were $110,000. The Committee recommended a crop estimate of 5,800,000 18-pound lugs, which is higher than the 5,500,000 18-pound lugs handled last year. The Committee also recommended carrying over a financial reserve of $40,000, which would increase to $49,500 if the contingency fund is not expended. The assessment rate of $0.0250 per 18-pound lug of grapes handled recommended by the Committee is $0.0050 higher than the $0.0200 rate currently in effect. The higher assessment rate, applied to shipments of 5,800,000 18-pound lugs, is expected to generate $145,000 in revenue and be sufficient to cover the anticipated expenses. The major expenditures recommended by the Committee for the 2015 fiscal period include $15,500 for research, $17,000 for general office expenses, $62,750 for management and compliance expenses, $25,000 for consultation services, and $9,500 for a contingency reserve. The $15,500 research project is a continuation of a [[Page 27244]] vine study in progress by the University of California, Riverside. In comparison, major expenditures for the 2014 fiscal period included $15,500 for research, $22,000 for general office expenses, and $62,500 for management and compliance expenses. Overall 2015 expenditures include an increase in management and compliance expenses and a decrease in general office expenses and additional funds for a contingency reserve. The assessment rate recommended by the Committee was derived by evaluating several factors, including estimated shipments for the 2015 season, budgeted expenses, and the level of available financial reserves. The Committee determined that the $0.0250 assessment rate should generate $145,000 in revenue to cover the budgeted expenses of $135,500, and a contingency reserve fund of $9,500. Reserve funds by the end of 2015 are projected to be $40,000 if the $9,500 added to the contingency fund is expended or $49,500 if it is not expended. Both amounts are well within the amount authorized under the order. Section 925.41 of the order permits the Committee to maintain approximately one fiscal period's expenses in reserve. The assessment rate established in this rule will continue in effect indefinitely unless modified, suspended, or terminated by USDA based upon recommendation and information submitted by the Committee or other available information. Although this assessment rate will be in effect for an indefinite period, the Committee will continue to meet prior to or during each fiscal period 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 USDA. Committee meetings are open to the public and interested persons may express their views at these meetings. USDA will evaluate the Committee's recommendations and other available information to determine whether modification of the assessment rate is needed. Further rulemaking will be undertaken as necessary. The Committee's 2015 budget and those for subsequent fiscal periods will be reviewed and, as appropriate, approved by USDA. 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 14 handlers of southeastern California grapes who are subject to regulation under the marketing order and about 41 grape producers in the production area. Small agricultural service firms are defined by the Small Business Administration (13 CFR 121.201) as those having annual receipts of less than $7,000,000, and small agricultural producers are defined as those whose annual receipts are less than $750,000. Eleven of the 14 handlers subject to regulation have annual grape sales of less than $7,000,000, according to USDA Market News Service and Committee data. In addition, information from the Committee and USDA's Market News indicates that at least 10 of 41 producers have annual receipts of less than $750,000. Thus, it may be concluded that a majority of the grape handlers regulated under the order and about 10 of the producers could be classified as small entities under the Small Business Administration's definitions. This rule increases the assessment rate established for the Committee and collected from handlers for the 2015 and subsequent fiscal periods from $0.0200 to $0.0250 per 18-pound lug of grapes. The Committee unanimously recommended 2015 expenditures of $135,500, a contingency reserve fund of $9,500, and an assessment rate of $0.0250 per 18-pound lug of grapes handled. The assessment rate of $0.0250 is $0.0050 higher than the 2014 rate. The quantity of assessable grapes for the 2015 season is estimated at 5,800,000 18-pound lugs. Thus, the $0.0250 rate should generate $145,000 in income. In addition, reserve funds at the end of the year are projected to be $49,500, which is well within the order's limitation of approximately one fiscal period's expenses. The major expenditures recommended by the Committee for the 2015 fiscal period include $15,500 for research, $17,000 for general office expenses, $62,750 for management and compliance expenses, $25,000 for consultation services and $9,500 for the contingency reserve. In comparison, major expenditures for the 2014 fiscal period included $15,500 for research, $22,000 for general office expenses, $62,500 for management and compliance expenses and $10,000 for the contingency reserve. Overall expenditures included an increase in management and compliance expenses, a decrease in general office expenses, and funding of a contingency reserve. Prior to arriving at this budget and assessment rate, the Committee considered alternative expenditures and assessment rates to include not increasing the $0.0200 assessment rate. Based on a crop estimate of 5,800,000 18-pound lugs, the Committee ultimately determined that increasing the assessment rate to $0.0250 would generate sufficient funds to cover budgeted expenses. Reserve funds at the end of the 2015 fiscal period are projected to be $40,000 if the $9,500 contingency fund is expended or $49,500 if it is not expended. These amounts are well within the amount authorized under the order. A review of historical crop and price information, as well as preliminary information pertaining to the upcoming fiscal period, indicates that the producer price for the 2014 season averaged about $22.00 per 18-pound lug of California grapes handled. If the 2015 producer price is similar to the 2014 price, estimated assessment revenue as a percentage of total estimated producer revenue would be 0.11 percent for the 2015 season ($0.0250 divided by $22.00 per 18- pound lug). This action increases the assessment obligation imposed on handlers. While assessments impose some additional costs on handlers, the costs are minimal and uniform on all handlers. Some of the additional costs may be passed on to producers. However, these costs are offset by the benefits derived from the operation of the marketing order. In addition, the Executive Subcommittee and the Committee's meetings were widely publicized throughout the grape production area and all interested persons were invited to attend and participate in Committee deliberations on all issues. Like all Committee meetings, the October 30, 2014, 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. 0581-0189 Generic Fruit Crops. No changes in those [[Page 27245]] requirements as a result of this action are necessary. Should any changes become necessary, they would be submitted to OMB for approval. This rule imposes no additional reporting or recordkeeping requirements on either small or large California grape 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. As noted in the initial regulatory flexibility analysis, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this final rule. 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. A proposed rule concerning this action was published in the Federal Register on March 31, 2015 (80 FR 16998). Copies of the proposed rule were also mailed or sent via facsimile to all grape handlers. Finally, the proposal was made available through the internet by USDA and the Office of the Federal Register. A 15-day comment period ending April 15, 2015, was provided for interested persons to respond to the proposal. No comments were received. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: http://www.ams.usda.gov/MarketingOrdersSmallBusinessGuide. Any questions about the compliance guide should be sent to Jeffrey Smutny 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 Committee 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. Pursuant to 5 U.S.C. 553, it is also found and determined that good cause exists for not postponing the effective date of this rule until 30 days after publication in the Federal Register because: (1) The 2015 fiscal period began on January 1, 2015, and the marketing order requires that the rate of assessment for each fiscal period apply to all assessable grapes handled during such fiscal period; (2) the Committee needs to have sufficient funds to pay its expenses, which are incurred on a continuous basis; and (3) handlers are aware of this action, which was unanimously recommended by the Committee at a public meeting and is similar to other assessment rate actions issued in past years. Also, a 15-day comment period was provided for in the proposed rule and no comments were received. List of Subjects in 7 CFR Part 925 Grapes, Marketing agreements, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 925 is amended as follows: PART 925--GRAPES GROWN IN A DESIGNATED AREA OF SOUTHEASTERN CALIFORNIA 0 1. The authority citation for 7 CFR part 925 continues to read as follows: Authority: 7 U.S.C. 601-674. 0 2. Section 925.215 is revised to read as follows: Sec. 925.215 Assessment rate. On and after January 1, 2015, an assessment rate of $0.0250 per 18- pound lug is established for grapes grown in a designated area of southeastern California. Dated: May 7, 2015. Rex A. Barnes, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2015-11468 Filed 5-12-15; 8:45 am] BILLING CODE P
![27243
Rules and Regulations Federal Register
Vol. 80, No. 92
Wednesday, May 13, 2015
This section of the FEDERAL REGISTER Division, Fruit and Vegetable Program, The grape order provides authority for
contains regulatory documents having general AMS, USDA, 1400 Independence the Committee, with the approval of
applicability and legal effect, most of which Avenue SW., STOP 0237, Washington, USDA, to formulate an annual budget of
are keyed to and codified in the Code of DC 20250–0237; Telephone: (202) 720– expenses and collect assessments from
Federal Regulations, which is published under 2491, Fax: (202) 720–8938, or Email: handlers to administer the program. The
50 titles pursuant to 44 U.S.C. 1510.
Jeffrey.Smutny@ams.usda.gov. members of the Committee are
The Code of Federal Regulations is sold by SUPPLEMENTARY INFORMATION: This rule producers and handlers of grapes grown
the Superintendent of Documents. Prices of is issued under Marketing Order No. in a designated area of southeastern
new books are listed in the first FEDERAL 925 (7 CFR part 925), regulating the California. They are familiar with the
REGISTER issue of each week.
handling of grapes grown in a Committee’s needs and with the costs of
designated area of southeastern goods and services in their local area
California, hereinafter referred to as the and are thus in a position to formulate
DEPARTMENT OF AGRICULTURE an appropriate budget and assessment
‘‘order.’’ The order is effective under the
Agricultural Marketing Agreement Act rate. The assessment rate is formulated
Agricultural Marketing Service and discussed in a public meeting.
of 1937, as amended (7 U.S.C. 601–674),
hereinafter referred to as the ‘‘Act.’’ Thus, all directly affected persons have
7 CFR Part 925 an opportunity to participate and
The Department of Agriculture
[Doc. No. AMS–FV–14–0106; FV15–925–2 provide input.
FR] (USDA) is issuing this rule in
For the 2014 and subsequent fiscal
conformance with Executive Orders
periods, the Committee recommended,
Grapes Grown in a Designated Area of 12866, 13563, and 13175.
and the USDA approved, an assessment
Southeastern California; Increased This rule has been reviewed under rate that would continue in effect from
Assessment Rate Executive Order 12988, Civil Justice fiscal period to fiscal period unless
Reform. Under the marketing order now modified, suspended, or terminated by
AGENCY: Agricultural Marketing Service,
in effect, grape handlers in a designated USDA based upon recommendation and
USDA.
area of southeastern California are information submitted by the
ACTION: Final rule.
subject to assessments. Funds to Committee or other information
SUMMARY: This rule implements a administer the order are derived from available to USDA.
recommendation from the California such assessments. It is intended that the The Committee met on October 30,
Desert Grape Administrative Committee assessment rate as issued herein would 2014, and unanimously recommended
for an increase of the assessment rate be applicable to all assessable grapes 2015 expenditures of $135,500, a
established for the 2015 and subsequent beginning on January 1, 2015, and contingency reserve fund of $9,500, and
fiscal periods from $0.0200 to $0.0250 continue until amended, suspended, or an assessment rate of $0.0250 per 18-
per 18-pound lug of grapes handled terminated. pound lug of grapes handled. In
under the marketing order. The The Act provides that administrative comparison, last year’s budgeted
Committee locally administers the order proceedings must be exhausted before expenditures were $110,000. The
and is comprised of producers and parties may file suit in court. Under Committee recommended a crop
handlers of grapes grown and handled section 608c(15)(A) of the Act, any estimate of 5,800,000 18-pound lugs,
in a designated area of southeastern handler subject to an order may file which is higher than the 5,500,000 18-
California. Assessments upon grape with USDA a petition stating that the pound lugs handled last year. The
handlers are used by the Committee to order, any provision of the order, or any Committee also recommended carrying
fund reasonable and necessary expenses obligation imposed in connection with over a financial reserve of $40,000,
of the program. The fiscal period began the order is not in accordance with law which would increase to $49,500 if the
on January 1 and ends December 31. and request a modification of the order contingency fund is not expended. The
The assessment rate will remain in or to be exempted therefrom. Such assessment rate of $0.0250 per 18-pound
effect indefinitely unless modified, handler is afforded the opportunity for lug of grapes handled recommended by
suspended, or terminated. a hearing on the petition. After the the Committee is $0.0050 higher than
DATES: Effective Date: May 14, 2015. hearing, USDA would rule on the the $0.0200 rate currently in effect. The
FOR FURTHER INFORMATION CONTACT: petition. The Act provides that the higher assessment rate, applied to
Kathie Notoro, Marketing Specialist, or district court of the United States in any shipments of 5,800,000 18-pound lugs,
Martin Engeler, Regional Director, district in which the handler is an is expected to generate $145,000 in
California Marketing Field Office, inhabitant, or has his or her principal revenue and be sufficient to cover the
Marketing Order and Agreement place of business, has jurisdiction to anticipated expenses.
Division, Fruit and Vegetable Program, review USDA’s ruling on the petition, The major expenditures
asabaliauskas on DSK5VPTVN1PROD with RULES
AMS, USDA; Telephone: (559) 487– provided an action is filed not later than recommended by the Committee for the
5901, Fax: (559) 487–5906, or Email: 20 days after the date of the entry of the 2015 fiscal period include $15,500 for
Kathie.Notoro@ams.usda.gov or ruling. research, $17,000 for general office
Martin.Engeler@ams.usda.gov. This rule increases the assessment expenses, $62,750 for management and
Small businesses may request rate established for the Committee for compliance expenses, $25,000 for
information on complying with this the 2015 and subsequent fiscal periods consultation services, and $9,500 for a
regulation by contacting Jeffrey Smutny, from $0.0200 to $0.0250 per 18-pound contingency reserve. The $15,500
Marketing Order and Agreement lug of grapes handled. research project is a continuation of a
VerDate Sep<11>2014 15:51 May 12, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\13MYR1.SGM 13MYR1](https://thefederalregister.org/doc/80_FR_27335/page/1.svg)
![Federal Register / Vol. 80, No. 92 / Wednesday, May 13, 2015 / Rules and Regulations 27245
requirements as a result of this action unanimously recommended by the and is comprised of producers of
are necessary. Should any changes Committee at a public meeting and is spearmint oil operating in the Far West.
become necessary, they would be similar to other assessment rate actions The Far West includes the states of
submitted to OMB for approval. issued in past years. Also, a 15-day Washington, Idaho, and Oregon, and
This rule imposes no additional comment period was provided for in the designated parts of Nevada and Utah.
reporting or recordkeeping requirements proposed rule and no comments were This rule establishes salable quantities
on either small or large California grape received. and allotment percentages for Class 1
handlers. As with all Federal marketing (Scotch) spearmint oil of 1,265,853
order programs, reports and forms are List of Subjects in 7 CFR Part 925
pounds and 60 percent, respectively,
periodically reviewed to reduce Grapes, Marketing agreements, and for Class 3 (Native) spearmint oil of
information requirements and Reporting and recordkeeping 1,341,269 pounds and 56 percent,
duplication by industry and public requirements. respectively. The Committee
sector agencies. As noted in the initial For the reasons set forth in the recommended these quantities to help
regulatory flexibility analysis, USDA preamble, 7 CFR part 925 is amended as maintain stability in the spearmint oil
has not identified any relevant Federal follows: market.
rules that duplicate, overlap, or conflict
DATES: Effective Date: May 14, 2015.
with this final rule. PART 925—GRAPES GROWN IN A
AMS is committed to complying with FOR FURTHER INFORMATION CONTACT:
DESIGNATED AREA OF
the E-Government Act to promote the SOUTHEASTERN CALIFORNIA Barry Broadbent, Marketing Specialist,
use of the internet and other or Gary Olson, Regional Director,
information technologies to provide ■ 1. The authority citation for 7 CFR Northwest Marketing Field Office,
increased opportunities for citizen part 925 continues to read as follows: Marketing Order and Agreement
access to Government information and Authority: 7 U.S.C. 601–674.
Division, Fruit and Vegetable Program,
services, and for other purposes. AMS, USDA; Telephone: (503) 326–
■ 2. Section 925.215 is revised to read
A proposed rule concerning this 2724, Fax: (503) 326–7440, or Email:
as follows:
action was published in the Federal Barry.Broadbent@ams.usda.gov or
Register on March 31, 2015 (80 FR § 925.215 Assessment rate. GaryD.Olson@ams.usda.gov.
16998). Copies of the proposed rule On and after January 1, 2015, an Small businesses may request
were also mailed or sent via facsimile to assessment rate of $0.0250 per 18-pound information on complying with this
all grape handlers. Finally, the proposal lug is established for grapes grown in a regulation by contacting Jeffrey Smutny,
was made available through the internet designated area of southeastern Marketing Order and Agreement
by USDA and the Office of the Federal California. Division, Fruit and Vegetable Program,
Register. A 15-day comment period AMS, USDA, 1400 Independence
Dated: May 7, 2015. Avenue SW., STOP 0237, Washington,
ending April 15, 2015, was provided for
Rex A. Barnes, DC 20250–0237; Telephone: (202) 720–
interested persons to respond to the
proposal. No comments were received. Associate Administrator, Agricultural 2491, Fax: (202) 720–8938, or Email:
A small business guide on complying Marketing Service. Jeffrey.Smutny@ams.usda.gov.
with fruit, vegetable, and specialty crop [FR Doc. 2015–11468 Filed 5–12–15; 8:45 am] SUPPLEMENTARY INFORMATION: This final
marketing agreements and orders may BILLING CODE P rule is issued under Marketing Order
be viewed at: http://www.ams.usda.gov/ No. 985 (7 CFR part 985), as amended,
MarketingOrdersSmallBusinessGuide. regulating the handling of spearmint oil
Any questions about the compliance DEPARTMENT OF AGRICULTURE produced in the Far West (Washington,
guide should be sent to Jeffrey Smutny Idaho, Oregon, and designated parts of
Agricultural Marketing Service
at the previously-mentioned address in Nevada and Utah), hereinafter referred
the FOR FURTHER INFORMATION CONTACT 7 CFR Part 985 to as the ‘‘order.’’ The order is effective
section. under the Agricultural Marketing
After consideration of all relevant [Doc. No. AMS–FV–14–0096; FV15–985–1 Agreement Act of 1937, as amended (7
material presented, including the FR] U.S.C. 601–674), hereinafter referred to
information and recommendation as the ‘‘Act.’’
submitted by the Committee and other Marketing Order Regulating the The Department of Agriculture
available information, it is hereby found Handling of Spearmint Oil Produced in (USDA) is issuing this rule in
that this rule, as hereinafter set forth, the Far West; Salable Quantities and conformance with Executive Orders
will tend to effectuate the declared Allotment Percentages for the 2015– 12866, 13175, and 13563.
policy of the Act. 2016 Marketing Year This final rule has been reviewed
Pursuant to 5 U.S.C. 553, it is also AGENCY: Agricultural Marketing Service, under Executive Order 12988, Civil
found and determined that good cause USDA. Justice Reform. This rule is not intended
exists for not postponing the effective ACTION: Final rule. to have retroactive effect. Under the
date of this rule until 30 days after order now in effect, salable quantities
publication in the Federal Register SUMMARY: This rule implements a and allotment percentages may be
because: (1) The 2015 fiscal period recommendation from the Spearmint established for classes of spearmint oil
began on January 1, 2015, and the Oil Administrative Committee produced in the Far West. This rule will
asabaliauskas on DSK5VPTVN1PROD with RULES
marketing order requires that the rate of (Committee) to establish the quantity of establish the quantity of spearmint oil
assessment for each fiscal period apply spearmint oil produced in the Far West, produced in the Far West, by class,
to all assessable grapes handled during by class, that handlers may purchase which handlers may purchase from, or
such fiscal period; (2) the Committee from, or handle on behalf of, producers handle on behalf of, producers during
needs to have sufficient funds to pay its during the 2015–2016 marketing year, the 2015–2016 marketing year, which
expenses, which are incurred on a which begins on June 1, 2015. The begins on June 1, 2015.
continuous basis; and (3) handlers are Committee locally administers the Far The Act provides that administrative
aware of this action, which was West spearmint marketing order (order) proceedings must be exhausted before
VerDate Sep<11>2014 15:51 May 12, 2015 Jkt 235001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\13MYR1.SGM 13MYR1](https://thefederalregister.org/doc/80_FR_27335/page/3.svg)
Document Created: 2015-12-16 07:47:04
Document Modified: 2015-12-16 07:47:04
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Contact | Kathie Notoro, Marketing Specialist, or Martin Engeler, Regional Director, California Marketing Field Office, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA; Telephone: (559) 487-5901, Fax: (559) 487-5906, or Email: [email protected] or [email protected] | |
| FR Citation | 80 FR 27243 | |
| CFR Associated | Grapes; Marketing Agreements and Reporting and Recordkeeping Requirements |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR