80_FR_32151 80 FR 32043 - Grapes Grown in a Designated Area of Southeastern California; Proposed Amendments to Marketing Order

80 FR 32043 - Grapes Grown in a Designated Area of Southeastern California; Proposed Amendments to Marketing Order

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 80, Issue 108 (June 5, 2015)

Page Range32043-32046
FR Document2015-13647

This rulemaking invites comments on three proposed amendments to Marketing Order No. 925 (order), which regulates the handling of table grapes grown in a designated area of southeastern California. Two amendments are based on proposals made by the California Desert Grape Administrative Committee (Committee), which is responsible for the local administration of the order. These proposed amendments would increase term lengths for Committee members and alternates from one to four fiscal periods and would allow new members and alternates to agree to accept their nominations prior to selection. The proposals are intended to increase the Committee's effectiveness and bolster industry participation in Committee activities. In addition to the Committee's proposals, the Agricultural Marketing Service (AMS) proposes an amendment that would add authority for periodic continuance referenda to allow producers to indicate whether or not there exists continuing support for the order.

Federal Register, Volume 80 Issue 108 (Friday, June 5, 2015)
[Federal Register Volume 80, Number 108 (Friday, June 5, 2015)]
[Proposed Rules]
[Pages 32043-32046]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-13647]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 925

[Doc. No. AMS-FV-14-0049; FV14-925-3]


Grapes Grown in a Designated Area of Southeastern California; 
Proposed Amendments to Marketing Order

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This rulemaking invites comments on three proposed amendments 
to Marketing Order No. 925 (order), which regulates the handling of 
table grapes grown in a designated area of southeastern California. Two 
amendments are based on proposals made by the California Desert Grape 
Administrative Committee (Committee), which is responsible for the 
local administration of the order. These proposed amendments would 
increase term lengths for Committee members and alternates from one to 
four fiscal periods and would allow new members and alternates to agree 
to accept their nominations prior to selection. The proposals are 
intended to increase the Committee's effectiveness and bolster industry 
participation in Committee activities.
    In addition to the Committee's proposals, the Agricultural 
Marketing Service (AMS) proposes an amendment that would add authority 
for periodic continuance referenda to allow producers to indicate 
whether or not there exists continuing support for the order.

DATES: Comments must be received by August 4, 2015.

ADDRESSES: Written comments should be submitted to the Docket Clerk, 
Marketing Order and Agreement Division, Fruit and Vegetable Program, 
AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 
20250-0237; Fax: (202) 720-8938; or Internet: http://www.regulations.gov. All comments should reference the document number 
and the date and page number of this issue of the Federal Register. All 
comments submitted in response to this proposed rule will be included 
in the record and will be made available for public inspection in the 
Office of the Docket Clerk during regular business hours, or can be 
viewed at: http://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: Geronimo Quinones, Marketing 
Specialist, or Michelle P. Sharrow, Rulemaking Branch Chief, 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: 
Geronimo.Quinones@ams.usda.gov or Michelle.Sharrow@ams.usda.gov.
    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: Jeffrey.Smutny@ams.usda.gov.

SUPPLEMENTARY INFORMATION: This proposal is issued under Marketing 
Order No. 925, as amended (7 CFR part 925), regulating the handling of 
table 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.'' Section 608c(17) of 
the Act and the applicable rules of practice and procedure governing 
the formulation of marketing agreements and orders (7 CFR part 900) 
authorizes amendment of the order through this informal rulemaking 
action. AMS will consider comments received in response to this rule, 
and based on all the information available, will determine if order 
amendment is warranted. If AMS determines amendment of the order is 
warranted, a subsequent proposed rule and referendum order would be 
issued and producers would be allowed to vote for or against the 
proposed order amendments. AMS would then issue a final rule 
effectuating any amendments

[[Page 32044]]

approved by producers in the referendum.
    The Department of Agriculture (USDA) is issuing this proposed rule 
in conformance with Executive Orders 12866, 13563, and 13175.
    This proposal has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule is not intended to have retroactive effect. 
This rule shall not be deemed to preclude, preempt, or supersede any 
State program covering table grapes grown in southeastern California.
    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. A 
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 no later than 20 days after the date of 
entry of the ruling.
    Section 1504 of the Food, Conservation, and Energy Act of 2008 
(2008 Farm Bill) (Pub. L. 110-246) amended section 18c(17) of the Act, 
which in turn required the addition of supplemental rules of practice 
to 7 CFR part 900 (73 FR 49307; August 21, 2008). The amendment of 
section 18c(17) of the Act and additional supplemental rules of 
practice authorize the use of informal rulemaking (5 U.S.C. 553) to 
amend Federal fruit, vegetable, and nut marketing agreements and 
orders. USDA may use informal rulemaking to amend marketing orders 
based on the nature and complexity of the proposed amendments, the 
potential regulatory and economic impacts on affected entities, and any 
other relevant matters.
    AMS has considered these factors and has determined that the 
amendment proposals are not unduly complex and the nature of the 
proposed amendments is appropriate for utilizing the informal 
rulemaking process to amend the order. A discussion of the potential 
regulatory and economic impacts on affected entities is discussed later 
in the ``Initial Regulatory Flexibility Analysis'' section of this 
rule.
    Two of the proposed amendments were unanimously recommended by the 
Committee following deliberations at a public meeting held on November 
5, 2013. The Committee's proposed amendments would amend the marketing 
order by: (1) Increasing the length of the term of office for Committee 
members and alternates from one to four fiscal periods; and (2) 
allowing new members and alternates to agree to accept their 
nominations prior to selection.
    In addition to these proposed amendments, AMS proposes to add 
authority to provide for periodic continuance referenda. AMS has 
determined that continuance referenda are an effective means to allow 
the industry to indicate whether or not there exists continuing support 
for the marketing order. AMS would also consider all other relevant 
information concerning the operation of the order and the relative 
benefits and disadvantages to the industry.

Proposal Number 1--Term of Office

    Section 925.21 of the order provides that terms of office for 
Committee members and alternates is one fiscal period. The nomination 
and selection process for the 12 members and 12 alternates is conducted 
annually and may take a number of months to complete.
    This proposal would amend Sec.  925.21 by increasing the length of 
the term of office for Committee members and alternates from one to 
four fiscal periods. The proposed change would provide more time for 
new members and alternates to learn the details of the Committee's 
operations and business during their tenure. In addition, because the 
industry is relatively small with a limited number of qualified 
candidates available to fill positions, longer terms would eliminate 
the annual turnover of the Committee and the perennial need for new 
members and alternates. If this amendment is adopted, members and 
alternate members would be selected for a four-year term of office 
beginning with the first term after the amendments become effective.
    For the reasons stated above, it is proposed that Sec.  925.21 be 
modified to increase the length of the term of office for Committee 
members and alternates from one to four fiscal periods.

Proposal Number 2--Qualification and Acceptance

    This proposal would modify Sec.  925.25 to allow new members and 
alternates to agree to accept their nominations prior to selection for 
the Committee by the Secretary.
    Currently, Committee members and alternates are nominated by their 
peers to serve and are then selected by the Secretary. After the 
selections are made, Committee members and alternates are required to 
formally accept the appointment by signing and submitting an acceptance 
letter indicating they are willing to serve. The Committee believes 
this final step in the selection process is redundant and not 
efficient. The order provision would be revised to specify that before 
a person is selected as a member or alternate member of the Committee, 
that person must complete a questionnaire outlining their 
qualifications. The proposal would eliminate the requirement to 
complete and submit a separate acceptance letter after being nominated. 
Because the nominee qualifications questionnaire already includes a 
statement indicating the person is willing to serve on the Committee, 
if selected by the Secretary, AMS modified the proposed regulatory text 
originally submitted by the Committee.
    For the reasons stated above, it is proposed that Sec.  925.25 be 
revised to remove the requirement to file a written acceptance with the 
Secretary after being notified of selection.

Proposal Number 3--Continuance Referenda

    AMS proposes an amendment to Sec.  925.63, Termination, to require 
that continuance referenda be conducted every six years to gauge 
industry support for the order. Currently, there is no provision in the 
marketing order that requires periodic continuance referenda. 
Continuance referenda provide an industry with a means to measure 
grower support for the marketing order program. Since marketing orders 
benefit growers, it follows that they should be afforded the 
opportunity to express whether they support the programs on a periodic 
basis. Under this proposal, the Department would consider termination 
of the order if less than two-thirds of the producers voting in the 
referendum or producers of less than two-thirds of the volume of table 
grapes represented in the referendum favor continuance. In evaluating 
the merits of continuance versus termination, USDA would not only 
consider the results of the referendum. The Department would also 
consider all other relevant information concerning the operation of the 
order and its relative benefits and disadvantages in order to determine 
whether continued operation of the order would tend to effectuate the 
declared policy of the Act.
    Therefore, it is recommended that Sec.  925.63--Termination, be 
amended by redesignating paragraph (c) as paragraph (d) and adding a 
new paragraph (c) to

[[Page 32045]]

provide that a continuance referendum shall be conducted six years 
after the amendment becomes effective and every six years thereafter. 
The new paragraph (c) of Sec.  925.63 should further specify that the 
Department may terminate the order if continuance is not favored by 
two-thirds of the growers participating in the referendum, or voters 
representing two-thirds of the production volume represented in the 
referendum.

Initial Regulatory Flexibility Analysis

    Pursuant to the 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 action 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 Act, and 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 15 handlers of southeastern California 
table grapes who are subject to regulation under the marketing order 
and approximately 41 grape producers in the production area. Small 
agricultural service firms are defined by the Small Business 
Administration (SBA) 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 (13 CFR 121.201).
    Ten of the 15 handlers subject to regulation have annual grape 
sales of less than $7,000,000 according to USDA Market News Service and 
Committee data. Based on information from the Committee and USDA's 
Market News Service, it is estimated that at least 10 of the 41 
producers have annual receipts of less than $750,000. Thus, it may be 
concluded that a majority of grape handlers regulated under the order 
and about 10 of the producers could be classified as small entities 
under SBA definitions.
    The amendments proposed by the Committee would provide authority to 
increase the term length for members and alternates from one to four 
fiscal periods under the Federal marketing order for California table 
grapes. They also would allow new members and alternates of the 
Committee to agree to accept their nominations before the selection 
process begins. An amendment proposed by AMS would provide for 
continuance referenda every six years.
    The Committee's proposed amendments were unanimously recommended at 
a public meeting on November 5, 2013. If these proposals are approved 
in referendum, there would be no direct financial effects on producers 
or handlers. However, eliminating the need to complete the election 
process every year would save considerable amounts of time and reduce 
expenses for the industry and the Committee. In addition, eliminating 
the acceptance letter would reduce paperwork and the time spent 
completing it.
    The Committee believes these changes represent the needs of the 
Committee and industry. No economic impact is expected if the 
amendments are approved because they would not establish any regulatory 
requirements on handlers, nor do they contain any assessment or funding 
implications. There would be no change in financial costs, reporting, 
or recordkeeping requirements if either of these proposals is approved.
    AMS' proposal to add a provision for continuance referenda is 
expected to afford producers the opportunity to indicate continuing 
support for the order and its programs. Support for the program is 
expected to benefit all producers and handlers by ensuring that the 
program continues to meet the industry's needs.
    Alternatives to these proposals, including making no changes at 
this time, were considered. However, the Committee believes it would be 
beneficial to streamline the nomination and selection process to reduce 
the costs required for completing the process annually and to provide 
new members and alternates with more time to learn the details of the 
Committee's operations and business during their tenure.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), the termination of the Letter of Acceptance was previously 
submitted to and approved by the Office of Management and Budget (OMB). 
As a result, the current number of hours associated with OMB No. 0581-
0189, Generic Fruit Crops, would remain the same: 7,786.71 hours.
    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. In addition, USDA 
has not identified any relevant Federal rules that duplicate, overlap, 
or conflict with this 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.
    The Committee's meeting was widely publicized throughout the 
California table grape production area. All interested persons were 
invited to attend the meeting and encouraged to participate in 
Committee deliberations on all issues. Like all Committee meetings, the 
November 5, 2013, meeting was public, and all entities, both large and 
small, were encouraged to express their views on these proposals.
    Finally, interested persons are invited to submit comments on the 
proposed amendments to the order, including comments on the regulatory 
and informational impacts of this action on small businesses.
    Following analysis of any comments received on the amendments 
proposed in this rule, AMS will evaluate all available information and 
determine whether to proceed. If appropriate, a proposed rule and 
referendum order would be issued, and producers would be provided the 
opportunity to vote for or against the proposed amendments. Information 
about the referendum, including dates and voter eligibility 
requirements, would be published in a future issue of the Federal 
Register. A final rule would then be issued to effectuate any 
amendments favored by producers participating in the referendum.
    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 his 
previously mentioned address in the FOR FURTHER INFORMATION CONTACT 
section.

General Findings

    The findings hereinafter set forth are supplementary to the 
findings and determinations which were previously made in connection 
with the issuance of the marketing order; and all said previous 
findings and determinations are hereby ratified and affirmed, except 
insofar as such findings and determinations may be in conflict with the 
findings and determinations set forth herein.
    1. The marketing order as hereby proposed to be amended and all of 
the

[[Page 32046]]

terms and conditions thereof, would tend to effectuate the declared 
policy of the Act;
    2. The marketing order as hereby proposed to be amended regulates 
the handling of table grapes grown in a designated area of southeastern 
California in the same manner as, and is applicable only to, persons in 
the respective classes of commercial and industrial activity specified 
in the marketing order;
    3. The marketing order as hereby proposed to be amended is limited 
in application to the smallest regional production area which is 
practicable, consistent with carrying out the declared policy of the 
Act, and the issuance of several orders applicable to subdivisions of 
the production area would not effectively carry out the declared policy 
of the Act;
    4. The marketing order as hereby proposed to be amended prescribes, 
insofar as practicable, such different terms applicable to different 
parts of the production area as are necessary to give due recognition 
to the differences in the production and marketing of table grapes 
produced or packed in the production area; and
    5. All handling of table grapes produced or packed in the 
production area as defined in the marketing order is in the current of 
interstate or foreign commerce or directly burdens, obstructs, or 
affects such commerce.
    A 60-day comment period is provided to allow interested persons to 
respond to these proposals. Any comments received on the amendments 
proposed in this rule will be analyzed, and if AMS determines to 
proceed based on all the information presented, a producer referendum 
would be conducted to determine producer support for the proposed 
amendments. If appropriate, a final rule would then be issued to 
effectuate the amendments favored by producers participating in the 
referendum.

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 
proposed to be 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. Revise the first sentence of 925.21 to read as follows:


Sec.  925.21  Term of office.

    The term of office of the members and alternates shall be four 
fiscal periods.* * *
0
3. Revise 925.25 to read as follows:


Sec.  925.25  Qualification and acceptance.

    Any person selected as a member or alternate member of the 
Committee shall, prior to such selection, qualify by filing a 
qualifications questionnaire advising the Secretary that he or she 
agrees to serve in the position for which nominated.
0
4. Amend 925.63 by redesignating paragraph (c) as (d) and adding a new 
paragraph (c) to read as follows:


Sec.  925.63  Termination.

* * * * *
    (c) Within six years of the effective date of this part the 
Secretary shall conduct a referendum to ascertain whether continuance 
of this part is favored by producers. Subsequent referenda to ascertain 
continuance shall be conducted every six years thereafter. The 
Secretary may terminate the provisions of this part at the end of any 
fiscal period in which the Secretary has found that continuance of this 
part is not favored by a two thirds majority of voting producers, or a 
two thirds majority of volume represented thereby, who, during a 
representative period determined by the Secretary, have been engaged in 
the production for market of table grapes in the production area. Such 
termination shall be announced on or before the end of the production 
year.
* * * * *

    Dated: June 1, 2015.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2015-13647 Filed 6-4-15; 8:45 am]
 BILLING CODE 3410-02-P



                                                                                 Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Proposed Rules                                           32043

                                                      applicable pay period beginning on or                     (b) The Vicksburg District of the                    DC 20250–0237; Fax: (202) 720–8938; or
                                                      after 60 days following publication of                  Mississippi Valley Division is                         Internet: http://www.regulations.gov. All
                                                      the final regulations. USACE employees                  comprised of the following four lakes:                 comments should reference the
                                                      with duty stations in one of the lakes of               (1) Grenada Lake in Grenada County,                    document number and the date and
                                                      the Vicksburg District would transfer to                     MS                                                page number of this issue of the Federal
                                                      the new special wage schedules on a                     (2) Enid Lake in Yalobusha County, MS                  Register. All comments submitted in
                                                      step-by-step basis. No current employee                 (3) Sardis Lake in Panola County, MS                   response to this proposed rule will be
                                                      will have his or her pay rate reduced as                (4) Arkabutla Lake in Tate County, MS                  included in the record and will be made
                                                      a result of implementing these new                        (c) Special wage schedules shall be                  available for public inspection in the
                                                      special wage schedules.                                 established at the same time and with                  Office of the Docket Clerk during regular
                                                                                                              rates identical to the Memphis, TN,                    business hours, or can be viewed at:
                                                      Regulatory Flexibility Act
                                                                                                              appropriated fund wage schedule.                       http://www.regulations.gov. Please be
                                                        I certify that these regulations would                                                                       advised that the identity of the
                                                                                                              [FR Doc. 2015–13778 Filed 6–4–15; 8:45 am]
                                                      not have a significant economic impact                                                                         individuals or entities submitting the
                                                                                                              BILLING CODE 6325–39–P
                                                      on a substantial number of small entities                                                                      comments will be made public on the
                                                      because they would affect only Federal                                                                         internet at the address provided above.
                                                      agencies and employees.
                                                                                                              DEPARTMENT OF AGRICULTURE                              FOR FURTHER INFORMATION CONTACT:
                                                      Executive Order 13563 and Executive                                                                            Geronimo Quinones, Marketing
                                                      Order 12866                                             Agricultural Marketing Service                         Specialist, or Michelle P. Sharrow,
                                                        This proposed rule has been reviewed                                                                         Rulemaking Branch Chief, Marketing
                                                      by the Office of Management and                         7 CFR Part 925                                         Order and Agreement Division, Fruit
                                                      Budget in accordance with Executive                     [Doc. No. AMS–FV–14–0049; FV14–925–3]                  and Vegetable Program, AMS, USDA,
                                                      Order 13563 and Executive Order                                                                                1400 Independence Avenue SW., Stop
                                                      12866.                                                  Grapes Grown in a Designated Area of                   0237, Washington, DC 20250–0237;
                                                                                                              Southeastern California; Proposed                      Telephone: (202) 720–2491, Fax: (202)
                                                      List of Subjects in 5 CFR Part 532                      Amendments to Marketing Order                          720–8938, or Email:
                                                        Administrative practice and                                                                                  Geronimo.Quinones@ams.usda.gov or
                                                                                                              AGENCY:  Agricultural Marketing Service,               Michelle.Sharrow@ams.usda.gov.
                                                      procedure, Freedom of information,
                                                                                                              USDA.
                                                      Government employees, Reporting and                                                                               Small businesses may request
                                                                                                              ACTION: Proposed rule.
                                                      recordkeeping requirements, Wages.                                                                             information on complying with this
                                                      U.S. Office of Personnel Management.                    SUMMARY:   This rulemaking invites                     regulation by contacting Jeffrey Smutny,
                                                      Katherine Archuleta,                                    comments on three proposed                             Marketing Order and Agreement
                                                      Director.                                               amendments to Marketing Order No.                      Division, Fruit and Vegetable Program,
                                                                                                              925 (order), which regulates the                       AMS, USDA, 1400 Independence
                                                        Accordingly, the U.S. Office of                       handling of table grapes grown in a                    Avenue SW., STOP 0237, Washington,
                                                      Personnel Management is proposing to                    designated area of southeastern                        DC 20250–0237; Telephone: (202) 720–
                                                      amend 5 CFR part 532 as follows:                        California. Two amendments are based                   2491, Fax: (202) 720–8938, or Email:
                                                                                                              on proposals made by the California                    Jeffrey.Smutny@ams.usda.gov.
                                                      PART 532—PREVAILING RATE
                                                      SYSTEMS                                                 Desert Grape Administrative Committee                  SUPPLEMENTARY INFORMATION:       This
                                                                                                              (Committee), which is responsible for                  proposal is issued under Marketing
                                                      ■ 1. The authority citation for part 532                the local administration of the order.                 Order No. 925, as amended (7 CFR part
                                                      continues to read as follows:                           These proposed amendments would                        925), regulating the handling of table
                                                                                                              increase term lengths for Committee                    grapes grown in a designated area of
                                                        Authority: 5 U.S.C. 5343, 5346; § 532.707
                                                      also issued under 5 U.S.C. 552.                         members and alternates from one to four                southeastern California, hereinafter
                                                                                                              fiscal periods and would allow new                     referred to as the ‘‘order.’’ The order is
                                                      ■ 2. Subpart B is amended by adding                     members and alternates to agree to                     effective under the Agricultural
                                                      § 532.289 to read as follows:                           accept their nominations prior to                      Marketing Agreement Act of 1937, as
                                                      § 532.289 Special Wage Schedules for U.S.               selection. The proposals are intended to               amended (7 U.S.C. 601–674), hereinafter
                                                      Army Corps of Engineers Flood Control                   increase the Committee’s effectiveness                 referred to as the ‘‘Act.’’ Section
                                                      Employees of the Vicksburg District in                  and bolster industry participation in                  608c(17) of the Act and the applicable
                                                      Mississippi.                                            Committee activities.                                  rules of practice and procedure
                                                        (a)(1) The Department of Defense will                    In addition to the Committee’s                      governing the formulation of marketing
                                                      establish special wage schedules for                    proposals, the Agricultural Marketing                  agreements and orders (7 CFR part 900)
                                                      wage employees of the U.S. Army Corps                   Service (AMS) proposes an amendment                    authorizes amendment of the order
                                                      of Engineers who work at flood control                  that would add authority for periodic                  through this informal rulemaking
                                                      dams (also known as reservoir projects)                 continuance referenda to allow                         action. AMS will consider comments
                                                      and whose duty station is located in one                producers to indicate whether or not                   received in response to this rule, and
                                                      of the lakes that comprise the Vicksburg                there exists continuing support for the                based on all the information available,
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      District of the Mississippi Valley                      order.                                                 will determine if order amendment is
                                                      Division.                                               DATES: Comments must be received by                    warranted. If AMS determines
                                                        (2) These special wage schedules will                 August 4, 2015.                                        amendment of the order is warranted, a
                                                      provide rates of pay for nonsupervisory,                ADDRESSES: Written comments should                     subsequent proposed rule and
                                                      leader, and supervisory employees.                      be submitted to the Docket Clerk,                      referendum order would be issued and
                                                      These special schedule positions will be                Marketing Order and Agreement                          producers would be allowed to vote for
                                                      identified by pay plan codes XR                         Division, Fruit and Vegetable Program,                 or against the proposed order
                                                      (nonsupervisory), XT (leader), and XU                   AMS, USDA, 1400 Independence                           amendments. AMS would then issue a
                                                      (supervisory).                                          Avenue SW., STOP 0237, Washington,                     final rule effectuating any amendments


                                                 VerDate Sep<11>2014   17:42 Jun 04, 2015   Jkt 235001   PO 00000   Frm 00002   Fmt 4702   Sfmt 4702   E:\FR\FM\05JNP1.SGM   05JNP1


                                                      32044                      Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Proposed Rules

                                                      approved by producers in the                            Committee following deliberations at a                 to serve and are then selected by the
                                                      referendum.                                             public meeting held on November 5,                     Secretary. After the selections are made,
                                                         The Department of Agriculture                        2013. The Committee’s proposed                         Committee members and alternates are
                                                      (USDA) is issuing this proposed rule in                 amendments would amend the                             required to formally accept the
                                                      conformance with Executive Orders                       marketing order by: (1) Increasing the                 appointment by signing and submitting
                                                      12866, 13563, and 13175.                                length of the term of office for                       an acceptance letter indicating they are
                                                         This proposal has been reviewed                      Committee members and alternates from                  willing to serve. The Committee
                                                      under Executive Order 12988, Civil                      one to four fiscal periods; and (2)                    believes this final step in the selection
                                                      Justice Reform. This rule is not intended               allowing new members and alternates to                 process is redundant and not efficient.
                                                      to have retroactive effect. This rule shall             agree to accept their nominations prior                The order provision would be revised to
                                                      not be deemed to preclude, preempt, or                  to selection.                                          specify that before a person is selected
                                                      supersede any State program covering                       In addition to these proposed                       as a member or alternate member of the
                                                      table grapes grown in southeastern                      amendments, AMS proposes to add                        Committee, that person must complete a
                                                      California.                                             authority to provide for periodic                      questionnaire outlining their
                                                         The Act provides that administrative                 continuance referenda. AMS has                         qualifications. The proposal would
                                                      proceedings must be exhausted before                    determined that continuance referenda                  eliminate the requirement to complete
                                                      parties may file suit in court. Under                   are an effective means to allow the                    and submit a separate acceptance letter
                                                      section 608c(15)(A) of the Act, any                     industry to indicate whether or not                    after being nominated. Because the
                                                      handler subject to an order may file                    there exists continuing support for the                nominee qualifications questionnaire
                                                      with USDA a petition stating that the                   marketing order. AMS would also                        already includes a statement indicating
                                                      order, any provision of the order, or any               consider all other relevant information                the person is willing to serve on the
                                                      obligation imposed in connection with                   concerning the operation of the order                  Committee, if selected by the Secretary,
                                                      the order is not in accordance with law                 and the relative benefits and                          AMS modified the proposed regulatory
                                                      and request a modification of the order                 disadvantages to the industry.                         text originally submitted by the
                                                      or to be exempted therefrom. A handler                                                                         Committee.
                                                      is afforded the opportunity for a hearing               Proposal Number 1—Term of Office                          For the reasons stated above, it is
                                                      on the petition. After the hearing, USDA                   Section 925.21 of the order provides                proposed that § 925.25 be revised to
                                                      would rule on the petition. The Act                     that terms of office for Committee                     remove the requirement to file a written
                                                      provides that the district court of the                 members and alternates is one fiscal                   acceptance with the Secretary after
                                                      United States in any district in which                  period. The nomination and selection                   being notified of selection.
                                                      the handler is an inhabitant, or has his                process for the 12 members and 12
                                                      or her principal place of business, has                                                                        Proposal Number 3—Continuance
                                                                                                              alternates is conducted annually and
                                                      jurisdiction to review USDA’s ruling on                                                                        Referenda
                                                                                                              may take a number of months to
                                                      the petition, provided an action is filed               complete.                                                 AMS proposes an amendment to
                                                      no later than 20 days after the date of                    This proposal would amend § 925.21                  § 925.63, Termination, to require that
                                                      entry of the ruling.                                    by increasing the length of the term of                continuance referenda be conducted
                                                         Section 1504 of the Food,                            office for Committee members and                       every six years to gauge industry
                                                      Conservation, and Energy Act of 2008                    alternates from one to four fiscal                     support for the order. Currently, there is
                                                      (2008 Farm Bill) (Pub. L. 110–246)                      periods. The proposed change would                     no provision in the marketing order that
                                                      amended section 18c(17) of the Act,                     provide more time for new members                      requires periodic continuance referenda.
                                                      which in turn required the addition of                  and alternates to learn the details of the             Continuance referenda provide an
                                                      supplemental rules of practice to 7 CFR                 Committee’s operations and business                    industry with a means to measure
                                                      part 900 (73 FR 49307; August 21,                       during their tenure. In addition, because              grower support for the marketing order
                                                      2008). The amendment of section                         the industry is relatively small with a                program. Since marketing orders benefit
                                                      18c(17) of the Act and additional                       limited number of qualified candidates                 growers, it follows that they should be
                                                      supplemental rules of practice authorize                available to fill positions, longer terms              afforded the opportunity to express
                                                      the use of informal rulemaking (5 U.S.C.                would eliminate the annual turnover of                 whether they support the programs on
                                                      553) to amend Federal fruit, vegetable,                 the Committee and the perennial need                   a periodic basis. Under this proposal,
                                                      and nut marketing agreements and                        for new members and alternates. If this                the Department would consider
                                                      orders. USDA may use informal                           amendment is adopted, members and                      termination of the order if less than two-
                                                      rulemaking to amend marketing orders                    alternate members would be selected for                thirds of the producers voting in the
                                                      based on the nature and complexity of                   a four-year term of office beginning with              referendum or producers of less than
                                                      the proposed amendments, the potential                  the first term after the amendments                    two-thirds of the volume of table grapes
                                                      regulatory and economic impacts on                      become effective.                                      represented in the referendum favor
                                                      affected entities, and any other relevant                  For the reasons stated above, it is                 continuance. In evaluating the merits of
                                                      matters.                                                proposed that § 925.21 be modified to                  continuance versus termination, USDA
                                                         AMS has considered these factors and                 increase the length of the term of office              would not only consider the results of
                                                      has determined that the amendment                       for Committee members and alternates                   the referendum. The Department would
                                                      proposals are not unduly complex and                    from one to four fiscal periods.                       also consider all other relevant
                                                      the nature of the proposed amendments                                                                          information concerning the operation of
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                                                      is appropriate for utilizing the informal               Proposal Number 2—Qualification and                    the order and its relative benefits and
                                                      rulemaking process to amend the order.                  Acceptance                                             disadvantages in order to determine
                                                      A discussion of the potential regulatory                   This proposal would modify § 925.25                 whether continued operation of the
                                                      and economic impacts on affected                        to allow new members and alternates to                 order would tend to effectuate the
                                                      entities is discussed later in the ‘‘Initial            agree to accept their nominations prior                declared policy of the Act.
                                                      Regulatory Flexibility Analysis’’ section               to selection for the Committee by the                     Therefore, it is recommended that
                                                      of this rule.                                           Secretary.                                             § 925.63—Termination, be amended by
                                                         Two of the proposed amendments                          Currently, Committee members and                    redesignating paragraph (c) as paragraph
                                                      were unanimously recommended by the                     alternates are nominated by their peers                (d) and adding a new paragraph (c) to


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                                                                                 Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Proposed Rules                                           32045

                                                      provide that a continuance referendum                   amendment proposed by AMS would                        that duplicate, overlap, or conflict with
                                                      shall be conducted six years after the                  provide for continuance referenda every                this rule.
                                                      amendment becomes effective and every                   six years.                                                AMS is committed to complying with
                                                      six years thereafter. The new paragraph                    The Committee’s proposed                            the E-Government Act, to promote the
                                                      (c) of § 925.63 should further specify                  amendments were unanimously                            use of the internet and other
                                                      that the Department may terminate the                   recommended at a public meeting on                     information technologies to provide
                                                      order if continuance is not favored by                  November 5, 2013. If these proposals are               increased opportunities for citizen
                                                      two-thirds of the growers participating                 approved in referendum, there would be                 access to Government information and
                                                      in the referendum, or voters                            no direct financial effects on producers               services, and for other purposes.
                                                      representing two-thirds of the                          or handlers. However, eliminating the                     The Committee’s meeting was widely
                                                      production volume represented in the                    need to complete the election process                  publicized throughout the California
                                                      referendum.                                             every year would save considerable                     table grape production area. All
                                                                                                              amounts of time and reduce expenses                    interested persons were invited to
                                                      Initial Regulatory Flexibility Analysis                 for the industry and the Committee. In                 attend the meeting and encouraged to
                                                         Pursuant to the requirements set forth               addition, eliminating the acceptance                   participate in Committee deliberations
                                                      in the Regulatory Flexibility Act (RFA)                 letter would reduce paperwork and the                  on all issues. Like all Committee
                                                      (5 U.S.C. 601–612), the Agricultural                    time spent completing it.                              meetings, the November 5, 2013,
                                                      Marketing Service (AMS) has                                The Committee believes these changes                meeting was public, and all entities,
                                                      considered the economic impact of this                  represent the needs of the Committee                   both large and small, were encouraged
                                                      action on small entities. Accordingly,                  and industry. No economic impact is                    to express their views on these
                                                      AMS has prepared this initial regulatory                expected if the amendments are                         proposals.
                                                      flexibility analysis.                                   approved because they would not                           Finally, interested persons are invited
                                                         The purpose of the RFA is to fit                     establish any regulatory requirements                  to submit comments on the proposed
                                                      regulatory actions to the scale of                      on handlers, nor do they contain any                   amendments to the order, including
                                                      businesses subject to such actions in                   assessment or funding implications.                    comments on the regulatory and
                                                      order that small businesses will not be                 There would be no change in financial                  informational impacts of this action on
                                                      unduly or disproportionately burdened.                  costs, reporting, or recordkeeping                     small businesses.
                                                      Marketing orders issued pursuant to the                 requirements if either of these proposals                 Following analysis of any comments
                                                      Act, and rules issued thereunder, are                   is approved.                                           received on the amendments proposed
                                                      unique in that they are brought about                      AMS’ proposal to add a provision for                in this rule, AMS will evaluate all
                                                      through group action of essentially                     continuance referenda is expected to                   available information and determine
                                                      small entities acting on their own                      afford producers the opportunity to                    whether to proceed. If appropriate, a
                                                      behalf.                                                 indicate continuing support for the                    proposed rule and referendum order
                                                         There are approximately 15 handlers                  order and its programs. Support for the                would be issued, and producers would
                                                      of southeastern California table grapes                 program is expected to benefit all                     be provided the opportunity to vote for
                                                      who are subject to regulation under the                 producers and handlers by ensuring that                or against the proposed amendments.
                                                      marketing order and approximately 41                    the program continues to meet the                      Information about the referendum,
                                                      grape producers in the production area.                 industry’s needs.                                      including dates and voter eligibility
                                                      Small agricultural service firms are                       Alternatives to these proposals,                    requirements, would be published in a
                                                      defined by the Small Business                           including making no changes at this                    future issue of the Federal Register. A
                                                      Administration (SBA) as those having                    time, were considered. However, the                    final rule would then be issued to
                                                      annual receipts of less than $7,000,000,                Committee believes it would be                         effectuate any amendments favored by
                                                      and small agricultural producers are                    beneficial to streamline the nomination                producers participating in the
                                                      defined as those whose annual receipts                  and selection process to reduce the costs              referendum.
                                                      are less than $750,000 (13 CFR 121.201).                required for completing the process                       A small business guide on complying
                                                         Ten of the 15 handlers subject to                    annually and to provide new members                    with fruit, vegetable, and specialty crop
                                                      regulation have annual grape sales of                   and alternates with more time to learn                 marketing agreements and orders may
                                                      less than $7,000,000 according to USDA                  the details of the Committee’s                         be viewed at: http://www.ams.usda.gov/
                                                      Market News Service and Committee                       operations and business during their                   MarketingOrdersSmallBusinessGuide.
                                                      data. Based on information from the                     tenure.                                                Any questions about the compliance
                                                      Committee and USDA’s Market News                                                                               guide should be sent to Jeffrey Smutny
                                                      Service, it is estimated that at least 10               Paperwork Reduction Act
                                                                                                                                                                     at his previously mentioned address in
                                                      of the 41 producers have annual receipts                   In accordance with the Paperwork                    the FOR FURTHER INFORMATION CONTACT
                                                      of less than $750,000. Thus, it may be                  Reduction Act of 1995 (44 U.S.C.                       section.
                                                      concluded that a majority of grape                      Chapter 35), the termination of the
                                                      handlers regulated under the order and                  Letter of Acceptance was previously                    General Findings
                                                      about 10 of the producers could be                      submitted to and approved by the Office                  The findings hereinafter set forth are
                                                      classified as small entities under SBA                  of Management and Budget (OMB). As                     supplementary to the findings and
                                                      definitions.                                            a result, the current number of hours                  determinations which were previously
                                                         The amendments proposed by the                       associated with OMB No. 0581–0189,                     made in connection with the issuance of
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                                                      Committee would provide authority to                    Generic Fruit Crops, would remain the                  the marketing order; and all said
                                                      increase the term length for members                    same: 7,786.71 hours.                                  previous findings and determinations
                                                      and alternates from one to four fiscal                     As with all Federal marketing order                 are hereby ratified and affirmed, except
                                                      periods under the Federal marketing                     programs, reports and forms are                        insofar as such findings and
                                                      order for California table grapes. They                 periodically reviewed to reduce                        determinations may be in conflict with
                                                      also would allow new members and                        information requirements and                           the findings and determinations set
                                                      alternates of the Committee to agree to                 duplication by industry and public                     forth herein.
                                                      accept their nominations before the                     sector agencies. In addition, USDA has                   1. The marketing order as hereby
                                                      selection process begins. An                            not identified any relevant Federal rules              proposed to be amended and all of the


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                                                      32046                      Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Proposed Rules

                                                      terms and conditions thereof, would                     § 925.21    Term of office.                            DEPARTMENT OF THE TREASURY
                                                      tend to effectuate the declared policy of                  The term of office of the members and
                                                      the Act;                                                                                                       Office of the Comptroller of the
                                                         2. The marketing order as hereby                     alternates shall be four fiscal                        Currency
                                                      proposed to be amended regulates the                    periods.* * *
                                                      handling of table grapes grown in a                     ■ 3. Revise 925.25 to read as follows:                 12 CFR Chapter I
                                                      designated area of southeastern                                                                                [Docket ID FFIEC–2014–0001]
                                                      California in the same manner as, and                   § 925.25    Qualification and acceptance.
                                                      is applicable only to, persons in the                      Any person selected as a member or                  FEDERAL RESERVE SYSTEM
                                                      respective classes of commercial and                    alternate member of the Committee
                                                      industrial activity specified in the                    shall, prior to such selection, qualify by             12 CFR Chapter II
                                                      marketing order;                                        filing a qualifications questionnaire
                                                         3. The marketing order as hereby                                                                            [Docket No. R–1510]
                                                                                                              advising the Secretary that he or she
                                                      proposed to be amended is limited in
                                                                                                              agrees to serve in the position for which              FEDERAL DEPOSIT INSURANCE
                                                      application to the smallest regional
                                                      production area which is practicable,                   nominated.                                             CORPORATION
                                                      consistent with carrying out the                        ■ 4. Amend 925.63 by redesignating
                                                      declared policy of the Act, and the                     paragraph (c) as (d) and adding a new                  12 CFR Chapter III
                                                      issuance of several orders applicable to                paragraph (c) to read as follows:                      Regulatory Publication and Review
                                                      subdivisions of the production area                                                                            Under the Economic Growth and
                                                      would not effectively carry out the                     § 925.63    Termination.
                                                                                                                                                                     Regulatory Paperwork Reduction Act
                                                      declared policy of the Act;                             *      *    *     *     *                              of 1996
                                                         4. The marketing order as hereby                        (c) Within six years of the effective
                                                      proposed to be amended prescribes,                                                                             AGENCY:  Office of the Comptroller of the
                                                                                                              date of this part the Secretary shall
                                                      insofar as practicable, such different                                                                         Currency (‘‘OCC’’), Treasury; Board of
                                                                                                              conduct a referendum to ascertain
                                                      terms applicable to different parts of the                                                                     Governors of the Federal Reserve
                                                                                                              whether continuance of this part is                    System (‘‘Board’’); and Federal Deposit
                                                      production area as are necessary to give
                                                      due recognition to the differences in the               favored by producers. Subsequent                       Insurance Corporation (‘‘FDIC’’).
                                                      production and marketing of table                       referenda to ascertain continuance shall               ACTION: Notice of regulatory review;
                                                      grapes produced or packed in the                        be conducted every six years thereafter.               request for comments.
                                                      production area; and                                    The Secretary may terminate the
                                                         5. All handling of table grapes                      provisions of this part at the end of any              SUMMARY:    The OCC, Board, and FDIC
                                                      produced or packed in the production                    fiscal period in which the Secretary has               (each an ‘‘Agency’’; together ‘‘we’’ or
                                                      area as defined in the marketing order                  found that continuance of this part is                 ‘‘Agencies’’) are conducting a review of
                                                      is in the current of interstate or foreign              not favored by a two thirds majority of                the regulations we have issued in order
                                                      commerce or directly burdens,                           voting producers, or a two thirds                      to identify outdated or otherwise
                                                      obstructs, or affects such commerce.                    majority of volume represented thereby,                unnecessary regulatory requirements
                                                         A 60-day comment period is provided                  who, during a representative period                    imposed on insured depository
                                                      to allow interested persons to respond                  determined by the Secretary, have been                 institutions, as required by the
                                                      to these proposals. Any comments                        engaged in the production for market of                Economic Growth and Regulatory
                                                      received on the amendments proposed                                                                            Paperwork Reduction Act of 1996
                                                                                                              table grapes in the production area.
                                                      in this rule will be analyzed, and if                                                                          (EGRPRA). EGRPRA requires the
                                                                                                              Such termination shall be announced on
                                                      AMS determines to proceed based on all                                                                         Agencies to organize the regulations
                                                                                                              or before the end of the production year.
                                                      the information presented, a producer                                                                          into categories and publish groups of
                                                      referendum would be conducted to                        *      *    *     *     *                              categories for comment. In this notice,
                                                      determine producer support for the                        Dated: June 1, 2015.                                 the Agencies are seeking public
                                                      proposed amendments. If appropriate, a                  Rex A. Barnes,                                         comment on regulations in the
                                                      final rule would then be issued to                                                                             following categories: Consumer
                                                                                                              Associate Administrator, Agricultural
                                                      effectuate the amendments favored by                                                                           Protection; Directors, Officers and
                                                                                                              Marketing Service.
                                                      producers participating in the                                                                                 Employees; and Money Laundering.
                                                                                                              [FR Doc. 2015–13647 Filed 6–4–15; 8:45 am]                In addition, in order to be as inclusive
                                                      referendum.
                                                                                                              BILLING CODE 3410–02–P                                 as possible, the Agencies are expanding
                                                      List of Subjects in 7 CFR Part 925                                                                             the scope of the EGRPRA review to
                                                        Grapes, Marketing agreements,                                                                                include newly issued rules. The
                                                      Reporting and recordkeeping                                                                                    Agencies will solicit comment on all
                                                      requirements.                                                                                                  rules finalized by the Agencies before
                                                        For the reasons set forth in the                                                                             the publication of the last EGRPRA
                                                      preamble, 7 CFR part 925 is proposed to                                                                        notice in the series, which we intend to
                                                      be amended as follows:                                                                                         publish by the end of this year. We have
                                                                                                                                                                     included with today’s notice a chart that
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                                                      PART 925—GRAPES GROWN IN A                                                                                     lists additional rules in their respective
                                                      DESIGNATED AREA OF                                                                                             categories, to which we will add any
                                                      SOUTHEASTERN CALIFORNIA                                                                                        other rules issued prior to the final
                                                                                                                                                                     EGRPRA notice. The public also may
                                                      ■ 1. The authority citation for 7 CFR                                                                          comment on these rules at any time
                                                      part 925 continues to read as follows:                                                                         during an open comment period.
                                                          Authority: 7 U.S.C. 601–674.                                                                               DATES: Written comments must be
                                                      ■ 2. Revise the first sentence of 925.21                                                                       received by no later than September 3,
                                                      to read as follows:                                                                                            2015.


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Document Created: 2015-12-15 15:21:07
Document Modified: 2015-12-15 15:21:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received by August 4, 2015.
ContactGeronimo Quinones, Marketing Specialist, or Michelle P. Sharrow, Rulemaking Branch Chief, 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] or [email protected]
FR Citation80 FR 32043 
CFR AssociatedGrapes; Marketing Agreements and Reporting and Recordkeeping Requirements

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