80_FR_46940 80 FR 46789 - Processed Raspberry Promotion, Research, and Information Order; Late Payment and Interest Charges on Past Due Assessments

80 FR 46789 - Processed Raspberry Promotion, Research, and Information Order; Late Payment and Interest Charges on Past Due Assessments

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 80, Issue 151 (August 6, 2015)

Page Range46789-46791
FR Document2015-19325

This rule prescribes late payment and interest charges on past due assessments under the Processed Raspberry Promotion, Research, and Information Order (Order). The Order is administered by the National Processed Raspberry Council (Council) with oversight by the U.S. Department of Agriculture (USDA). Under the Order, assessments are collected from domestic producers and importers and used for research and promotion projects designed to maintain and expand the market for processed raspberries. This rule implements authority contained in the Order that allows the Council to collect late payment and interest charges on past due assessments. Three additional changes are being made to reflect current practices and update the Order and regulations. The changes will contribute to effective administration of the program and were unanimously recommended by the Council.

Federal Register, Volume 80 Issue 151 (Thursday, August 6, 2015)
[Federal Register Volume 80, Number 151 (Thursday, August 6, 2015)]
[Rules and Regulations]
[Pages 46789-46791]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19325]



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Rules and Regulations
                                                Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
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under 50 titles pursuant to 44 U.S.C. 1510.

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Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / 
Rules and Regulations

[[Page 46789]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1208

[Document Number AMS-FV-14-0042]


Processed Raspberry Promotion, Research, and Information Order; 
Late Payment and Interest Charges on Past Due Assessments

AGENCY: Agricultural Marketing Service.

ACTION: Final rule.

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

SUMMARY: This rule prescribes late payment and interest charges on past 
due assessments under the Processed Raspberry Promotion, Research, and 
Information Order (Order). The Order is administered by the National 
Processed Raspberry Council (Council) with oversight by the U.S. 
Department of Agriculture (USDA). Under the Order, assessments are 
collected from domestic producers and importers and used for research 
and promotion projects designed to maintain and expand the market for 
processed raspberries. This rule implements authority contained in the 
Order that allows the Council to collect late payment and interest 
charges on past due assessments. Three additional changes are being 
made to reflect current practices and update the Order and regulations. 
The changes will contribute to effective administration of the program 
and were unanimously recommended by the Council.

DATES: Effective: September 8, 2015.

FOR FURTHER INFORMATION CONTACT: Tarun Harit, Program Management 
Specialist, Promotion and Economics Division, Fruit and Vegetable 
Program, AMS, USDA, 1400 Independence Avenue SW., Room 1406-S, Stop 
0244, Washington, DC 20250-0244; telephone: (202) 720-9915; facsimile 
(202) 205-2800; or electronic mail: [email protected].

SUPPLEMENTARY INFORMATION: This rule is issued under the Order (7 CFR 
part 1208). The Order is authorized under the Commodity Promotion, 
Research, and Information Act of 1996 (1996 Act) (7 U.S.C. 7411-7425).

Executive Order 12866 and Executive Order 13563

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, reducing costs, harmonizing rules and promoting flexibility. 
This action has been designated as a ``non-significant regulatory 
action'' under section 3(f) of Executive Order 12866. Accordingly, the 
Office of Management and Budget (OMB) has waived the review process.

Executive Order 13175

    This action has been reviewed in accordance with the requirements 
of Executive Order 13175, Consultation and Coordination with Indian 
Tribal Governments. The review reveals that this regulation will not 
have substantial and direct effects on Tribal governments and will not 
have significant Tribal implications.

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. It is not intended to have retroactive effect. Section 
524 of the 1996 Act (7 U.S.C. 7423) provides that it shall not affect 
or preempt any other Federal or State law authorizing promotion or 
research relating to an agricultural commodity.
    Under section 519 of the 1996 Act (7 U.S.C. 7418), a person subject 
to an order may file a written petition with USDA stating that an 
order, any provision of an order, or any obligation imposed in 
connection with an order, is not established in accordance with the 
law, and request a modification of an order or an exemption from an 
order. Any petition filed challenging an order, any provision of an 
order, or any obligation imposed in connection with an order, shall be 
filed within two years after the effective date of an order, provision, 
or obligation subject to challenge in the petition. The petitioner will 
have the opportunity for a hearing on the petition. Thereafter, USDA 
will issue a ruling on the petition. The 1996 Act provides that the 
district court of the United States for any district in which the 
petitioner resides or conducts business shall have the jurisdiction to 
review a final ruling on the petition, if the petitioner files a 
complaint for that purpose not later than 20 days after the date of the 
entry of USDA's final ruling.

Background

    This rule prescribes late payment and interest charges on past due 
assessments under the Order. The Order is administered by the Council 
with oversight by USDA. Under the Order, assessments are collected from 
domestic producers and importers and used for research and promotion 
projects designed to maintain and expand markets for processed 
raspberries. Processed raspberries include raspberries that have been 
frozen, dried, pureed, made into juice, or altered by mechanical 
processes. This rule implements authority contained in the Order and 
the 1996 Act that allows the Council to collect late payment and 
interest charges on past due assessments. This action was unanimously 
recommended by the Council and will contribute to effective 
administration of the program.
    Section 1208.52(a) of the Order specifies that the funds to cover 
the Council's expenses shall be paid from assessments on producers and 
importers, donations from persons not subject to assessments, and from 
other funds available to the Council. Paragraph (b) specifies that the 
collection of assessments on domestic processed raspberries is the 
responsibility of the first receiving handler of the raspberries for 
processing. Section 1208.52(e) specifies that ``a late payment charge 
shall be imposed on any handler or importer who fails to remit to the 
Council, the total amount for which any such first handler or importer 
is liable on or before the due date established by the Council. In 
addition to the late payment charge, an interest charge shall be 
imposed on the outstanding amount for which the first handler or 
importer is liable. The rate of interest shall be

[[Page 46790]]

prescribed in regulations issued by the Secretary.''
    The Order was implemented in May 2012. Assessment collection began 
in September 2012. Domestic assessments are due to the Council once 
annually by October 31. Import assessments are collected monthly by the 
U.S. Customs and Border Protection (Customs). If Customs does not 
collect the assessment, the importer must pay the assessment directly 
to the Council. Entities that produce less than 20,000 pounds of 
raspberries for processing annually or import less than 20,000 pounds 
of processed raspberries annually are exempt from assessment.
    Assessment funds are used by the Council for activities designed to 
benefit all industry members. Thus, it is important that all assessed 
entities pay their assessments in a timely manner. Entities who fail to 
pay their assessments on time could reap the benefits of Council 
programs at the expense of others. In addition, they could utilize 
funds for their own use that should otherwise be paid to the Council to 
finance Council programs.

Council Recommendation

    Thus, the Council met on January 15, 2014, and unanimously 
recommended specifying rates of late payment charges and interest on 
past due assessments in the Order's regulations. Specifically, the 
Council recommended that a late payment charge be imposed on any 
handler or importer who fails to make timely remittance to the Council 
of the total assessments for which the handler or importer is liable. 
The late payment will be imposed on any assessments not received within 
30 calendar days of the date they are due. This will be a one-time late 
payment charge equal to 10 percent of the assessments due before 
interest charges have accrued. The Council also recommended that 1 
percent per month interest on the outstanding balance, including any 
late payment and accrued interest, be added to any accounts for which 
payment has not been received within 30 calendar days after the date 
assessments are due. Interest will continue to accrue monthly until the 
unpaid balance is paid to the Council.
    This action will help facilitate program administration by 
providing an incentive for entities to remit assessments in a timely 
manner, with the intent of creating a fair and equitable process among 
all assessed entities. Accordingly, a new Subpart C is added to the 
Order for Provisions Implementing the Processed Raspberry Order, and a 
new section 1208.520 is added to Subpart C. (The proposed rule 
published on November 12, 2014 (79 FR 67 67103) concerning this action 
has been modified to revise the name of the new Subpart C to meet 
Federal Register guidelines.)
    This rule also makes three additional changes to the Order. It 
revises the terms crop and fiscal years as defined in sections 1208.3 
and 1208.7, respectively. The crop and fiscal years are changed in the 
Order from the 12-month period April 1 through March 31 to October 1 
through September 30. The new time frames help facilitate program 
operations because domestic assessments are due by October 31, so those 
funds can be used to support current year activities. Revising the 
terms will bring the Order in line with current practices.
    This rule also changes the OMB control numbers in sections 1208.78 
and 1208.108. In section 1208.78, the OMB control number 0581-0257 is 
omitted because it is no longer relevant. In sections 1208.108, the OMB 
control number is changed from 0581-NEW to 0581-0093, the control 
number assigned by the OMB.

Final Regulatory Flexibility Act Analysis

    In accordance with the Regulatory Flexibility Act (RFA) (5 U.S.C. 
601-612), AMS is required to examine the impact of the rule on small 
entities. Accordingly, AMS has considered the economic impact of this 
action on such entities.
    The purpose of the RFA is to fit regulatory actions to the scale of 
businesses subject to such actions so that small businesses will not be 
disproportionately burdened. The Small Business Administration defines, 
in 13 CFR part 121, small agricultural producers as those having annual 
receipts of no more than $750,000 and small agricultural service firms 
(first handlers and importers) as those having annual receipts of no 
more than $7.0 million.
    According to the Council, it is estimated that there are 160 
producers of raspberries for processing and 30 first handlers of 
processed raspberries in the United States. Dividing the processed 
raspberry crop value for 2013 reported by the National Agricultural 
Statistics Service (NASS) of $60,883,000 \1\ by the number of producers 
yields an average annual producer revenue of $380,520. It is estimated 
that in 2013, 75 percent of first handlers shipped under $7.0 million 
worth of processed raspberries.
---------------------------------------------------------------------------

    \1\ Noncitrus Fruits and Nuts 2013 Summary, July 2014, USDA, 
National Agricultural Statistics Service, p. 37.
---------------------------------------------------------------------------

    Likewise, based on Customs data, it is estimated there are 140 
importers of processed raspberries. Using 2013 Customs data, nearly all 
importers, or 99 percent, import less than $7.0 million worth of 
processed raspberries annually. Thus, the majority of domestic 
producers, first handlers and importers of processed raspberries would 
be considered small entities.
    Regarding the value of the commodity, as mentioned above, based on 
2013 NASS data, the value of the domestic processed raspberry crop was 
about $61 million. According to Customs data, the value of 2013 imports 
was about $65 million.
    This rule prescribes late payment and interest charges on past due 
assessments under the Order. The Order is administered by the Council 
with oversight by USDA. Under the Order, assessments are collected from 
domestic producers of raspberries for processing and importers of 
processed raspberries. Processed raspberries include raspberries that 
have been frozen, dried, pureed, made into juice, or altered by 
mechanical processes. This rule adds a new section 1208.520 that will 
specify a late payment charge of 10 percent of the assessments due and 
interest at a rate of 1 percent per month on the outstanding balance, 
including any late payment and accrued interest. This section will be 
included in a new Subpart C--Provisions for Implementing the Processed 
Raspberry Promotion, Research, and Information Order. This action was 
unanimously recommended by the Council and is authorized under section 
1208.52(e) of the Order and section 517(e) of the 1996 Act.
    Regarding the economic impact of this rule on affected entities, 
this action imposes no costs on handlers and importers who pay their 
assessments on time. It merely provides an incentive for entities to 
remit their assessments in a timely manner. For all entities who are 
delinquent in paying assessments, both large and small, the charges 
will be applied the same. As for the impact on the industry as a whole, 
this action will help facilitate program administration by providing an 
incentive for entities to remit their assessments in a timely manner, 
with the intent of creating a fair and equitable process among all 
assessed entities.
    Additionally, as previously mentioned, the Order provides for an 
exemption for entities that produce or import less than 20,000 pounds 
of processed raspberries annually. About 140 producers of raspberries 
for processing and 80 importers of

[[Page 46791]]

processed raspberries pay assessments under the Order.
    Regarding alternatives, one option to the proposed action would be 
to maintain the status quo and not prescribe late payment and interest 
charges for past due assessments. However, the Council determined that 
implementing such charges will help facilitate program administration 
by encouraging entities to pay their assessments in a timely manner. 
The Council reviewed rates of late payment and interest charges 
prescribed in other research and promotion programs and concluded that 
a 10 percent late payment charge and interest at a rate of 1 percent 
per month on the outstanding balance would be appropriate.
    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), the information collection and recordkeeping requirements 
that are imposed by the Order have been approved under OMB control 
number 0581-0093. This rule results in no change to the information 
collection and recordkeeping requirements previously approved and 
imposes no additional reporting and recordkeeping burden on domestic 
producers, first handlers, and importers of processed raspberries.
    As with all Federal promotion programs, reports and forms are 
periodically reviewed to reduce information requirements and 
duplication by industry and public sector agencies. Finally, 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.
    Regarding outreach efforts, the Council met on January 15, 2014, 
and unanimously made its recommendation. All of the Council's meetings, 
including meetings held via teleconference, are open to the public and 
interested persons are invited to participate and express their views.
    As previously mentioned, a proposed rule concerning this action was 
published in the Federal Register on November 12, 2014 (79 FR 67103). 
The proposal was made available through the Internet by USDA and the 
Office of the Federal Register. A 30-day comment period ending December 
12, 2014 was provided to allow interested persons to submit comments. 
No comments were received. One change was made to section 1208.520(2) 
for clarification purposes, the addition of the word ``charge'' after 
the words ``late payment''.
    After consideration of all relevant matters presented, including 
the information and recommendation submitted by the Council and other 
available information, it is hereby found that this rule, as 
hereinafter set forth, is consistent with and will effectuate the 
purposes of the 1996 Act.

List of Subjects in 7 CFR Part 1208

    Administrative practice and procedure, Advertising, Consumer 
information, Marketing agreements, Raspberry promotion, Reporting and 
recordkeeping requirements.

    For the reasons set forth in the preamble, 7 CFR part 1208 is 
amended as follows:

PART 1208--PROCESSED RASPBERRY PROMOTION, RESEARCH, AND INFORMATION 
ORDER

0
1. The authority citation for 7 CFR part 1208 continues to read as 
follows:

    Authority: 7 U.S.C. 7411-7425; 7 U.S.C. 7401.


0
2. Section 1208.3 is revised to read as follows:


Sec.  1208.3  Crop year.

    Crop year means the 12-month period from October 1 through 
September 30 or such other period approved by the Secretary.

0
3. Section 1208.7 is revised to read as follows:


Sec.  1208.7  Fiscal period.

    Fiscal period means the 12-month period from October 1 through 
September 30 or such other period as approved by the Secretary.

0
4. Section 1208.78 is revised to read as follows:


Sec.  1208.78  OMB control numbers.

    The control number assigned to the information collection 
requirements by the Office of Management and Budget pursuant to the 
Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, is OMB control 
number 0505-0001, and OMB control number 0581-0093.

0
5. Section 1208.108 is revised to read as follows:


Sec.  1208.108  OMB control number.

    The control number assigned to the information collection 
requirement in this subpart by the Office of Management and Budget 
pursuant to the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, 
is OMB control number 0581-0093.

0
6. Add Subpart C, consisting of Sec.  1208.520, to read as follows:

Subpart C--Provisions Implementing the Processed Raspberry 
Promotion, Research, and Information Order


Sec.  1208.520  Late payment and interest charges for past due 
assessments.

    (a) A late payment charge shall be imposed on any handler or 
importer who fails to make timely remittance to the Council of the 
total assessments for which such handler or importer is liable. The 
late payment will be imposed on any assessments not received within 30 
calendar days of the date they are due. This one-time late payment 
charge shall be 10 percent of the assessments due before interest 
charges have accrued.
    (b) In addition to the late payment charge, 1 percent per month 
interest on the outstanding balance, including any late payment charge 
and accrued interest, will be added to any accounts for which payment 
has not been received by the Council within 30 calendar days after the 
date the assessments are due. Such interest will continue to accrue 
monthly until the outstanding balance is paid to the Council.

    Dated: August 3, 2015.
Rex A. Barnes,
Associate Administrator.
[FR Doc. 2015-19325 Filed 8-5-15; 8:45 am]
 BILLING CODE 3410-02-P



                                                                                                                                                                                               46789

                                                Rules and Regulations                                                                                         Federal Register
                                                                                                                                                              Vol. 80, No. 151

                                                                                                                                                              Thursday, August 6, 2015



                                                This section of the FEDERAL REGISTER                    SUPPLEMENTARY INFORMATION:    This rule               after the effective date of an order,
                                                contains regulatory documents having general            is issued under the Order (7 CFR part                 provision, or obligation subject to
                                                applicability and legal effect, most of which           1208). The Order is authorized under                  challenge in the petition. The petitioner
                                                are keyed to and codified in the Code of                the Commodity Promotion, Research,                    will have the opportunity for a hearing
                                                Federal Regulations, which is published under           and Information Act of 1996 (1996 Act)                on the petition. Thereafter, USDA will
                                                50 titles pursuant to 44 U.S.C. 1510.
                                                                                                        (7 U.S.C. 7411–7425).                                 issue a ruling on the petition. The 1996
                                                The Code of Federal Regulations is sold by              Executive Order 12866 and Executive                   Act provides that the district court of
                                                the Superintendent of Documents. Prices of              Order 13563                                           the United States for any district in
                                                new books are listed in the first FEDERAL                                                                     which the petitioner resides or conducts
                                                REGISTER issue of each week.                               Executive Orders 12866 and 13563                   business shall have the jurisdiction to
                                                                                                        direct agencies to assess all costs and               review a final ruling on the petition, if
                                                                                                        benefits of available regulatory                      the petitioner files a complaint for that
                                                DEPARTMENT OF AGRICULTURE                               alternatives and, if regulation is                    purpose not later than 20 days after the
                                                                                                        necessary, to select regulatory                       date of the entry of USDA’s final ruling.
                                                Agricultural Marketing Service                          approaches that maximize net benefits
                                                                                                        (including potential economic,                        Background
                                                7 CFR Part 1208                                         environmental, public health and safety                  This rule prescribes late payment and
                                                                                                        effects, distributive impacts and equity).            interest charges on past due assessments
                                                [Document Number AMS–FV–14–0042]                        Executive Order 13563 emphasizes the                  under the Order. The Order is
                                                Processed Raspberry Promotion,                          importance of quantifying both costs                  administered by the Council with
                                                Research, and Information Order; Late                   and benefits, reducing costs,                         oversight by USDA. Under the Order,
                                                Payment and Interest Charges on Past                    harmonizing rules and promoting                       assessments are collected from domestic
                                                                                                        flexibility. This action has been                     producers and importers and used for
                                                Due Assessments
                                                                                                        designated as a ‘‘non-significant                     research and promotion projects
                                                AGENCY:    Agricultural Marketing Service.              regulatory action’’ under section 3(f) of             designed to maintain and expand
                                                ACTION:   Final rule.                                   Executive Order 12866. Accordingly,                   markets for processed raspberries.
                                                                                                        the Office of Management and Budget                   Processed raspberries include
                                                SUMMARY:   This rule prescribes late                    (OMB) has waived the review process.                  raspberries that have been frozen, dried,
                                                payment and interest charges on past                    Executive Order 13175                                 pureed, made into juice, or altered by
                                                due assessments under the Processed                                                                           mechanical processes. This rule
                                                Raspberry Promotion, Research, and                        This action has been reviewed in
                                                                                                        accordance with the requirements of                   implements authority contained in the
                                                Information Order (Order). The Order is                                                                       Order and the 1996 Act that allows the
                                                administered by the National Processed                  Executive Order 13175, Consultation
                                                                                                        and Coordination with Indian Tribal                   Council to collect late payment and
                                                Raspberry Council (Council) with                                                                              interest charges on past due
                                                oversight by the U.S. Department of                     Governments. The review reveals that
                                                                                                        this regulation will not have substantial             assessments. This action was
                                                Agriculture (USDA). Under the Order,                                                                          unanimously recommended by the
                                                assessments are collected from domestic                 and direct effects on Tribal governments
                                                                                                        and will not have significant Tribal                  Council and will contribute to effective
                                                producers and importers and used for                                                                          administration of the program.
                                                research and promotion projects                         implications.
                                                                                                                                                                 Section 1208.52(a) of the Order
                                                designed to maintain and expand the                     Executive Order 12988                                 specifies that the funds to cover the
                                                market for processed raspberries. This                                                                        Council’s expenses shall be paid from
                                                                                                           This rule has been reviewed under
                                                rule implements authority contained in                                                                        assessments on producers and
                                                                                                        Executive Order 12988, Civil Justice
                                                the Order that allows the Council to                                                                          importers, donations from persons not
                                                                                                        Reform. It is not intended to have
                                                collect late payment and interest                                                                             subject to assessments, and from other
                                                                                                        retroactive effect. Section 524 of the
                                                charges on past due assessments. Three                                                                        funds available to the Council.
                                                                                                        1996 Act (7 U.S.C. 7423) provides that
                                                additional changes are being made to                                                                          Paragraph (b) specifies that the
                                                                                                        it shall not affect or preempt any other
                                                reflect current practices and update the                                                                      collection of assessments on domestic
                                                                                                        Federal or State law authorizing
                                                Order and regulations. The changes will                                                                       processed raspberries is the
                                                                                                        promotion or research relating to an
                                                contribute to effective administration of                                                                     responsibility of the first receiving
                                                                                                        agricultural commodity.
                                                the program and were unanimously                           Under section 519 of the 1996 Act (7               handler of the raspberries for
                                                recommended by the Council.                             U.S.C. 7418), a person subject to an                  processing. Section 1208.52(e) specifies
                                                DATES: Effective: September 8, 2015.                    order may file a written petition with                that ‘‘a late payment charge shall be
                                                FOR FURTHER INFORMATION CONTACT:                        USDA stating that an order, any                       imposed on any handler or importer
                                                Tarun Harit, Program Management                         provision of an order, or any obligation              who fails to remit to the Council, the
                                                Specialist, Promotion and Economics                     imposed in connection with an order, is               total amount for which any such first
mstockstill on DSK4VPTVN1PROD with RULES




                                                Division, Fruit and Vegetable Program,                  not established in accordance with the                handler or importer is liable on or
                                                AMS, USDA, 1400 Independence                            law, and request a modification of an                 before the due date established by the
                                                Avenue SW., Room 1406–S, Stop 0244,                     order or an exemption from an order.                  Council. In addition to the late payment
                                                Washington, DC 20250–0244; telephone:                   Any petition filed challenging an order,              charge, an interest charge shall be
                                                (202) 720–9915; facsimile (202) 205–                    any provision of an order, or any                     imposed on the outstanding amount for
                                                2800; or electronic mail: Tarun.Harit@                  obligation imposed in connection with                 which the first handler or importer is
                                                ams.usda.gov.                                           an order, shall be filed within two years             liable. The rate of interest shall be


                                           VerDate Sep<11>2014   16:05 Aug 05, 2015   Jkt 235001   PO 00000   Frm 00001   Fmt 4700   Sfmt 4700   E:\FR\FM\06AUR1.SGM   06AUR1


                                                46790             Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Rules and Regulations

                                                prescribed in regulations issued by the                 published on November 12, 2014 (79 FR                 first handlers shipped under $7.0
                                                Secretary.’’                                            67 67103) concerning this action has                  million worth of processed raspberries.
                                                   The Order was implemented in May                     been modified to revise the name of the                  Likewise, based on Customs data, it is
                                                2012. Assessment collection began in                    new Subpart C to meet Federal Register                estimated there are 140 importers of
                                                September 2012. Domestic assessments                    guidelines.)                                          processed raspberries. Using 2013
                                                are due to the Council once annually by                   This rule also makes three additional               Customs data, nearly all importers, or 99
                                                October 31. Import assessments are                      changes to the Order. It revises the                  percent, import less than $7.0 million
                                                collected monthly by the U.S. Customs                                                                         worth of processed raspberries annually.
                                                                                                        terms crop and fiscal years as defined in
                                                and Border Protection (Customs). If                                                                           Thus, the majority of domestic
                                                                                                        sections 1208.3 and 1208.7,
                                                Customs does not collect the                                                                                  producers, first handlers and importers
                                                                                                        respectively. The crop and fiscal years
                                                assessment, the importer must pay the                                                                         of processed raspberries would be
                                                                                                        are changed in the Order from the 12-
                                                assessment directly to the Council.                                                                           considered small entities.
                                                                                                        month period April 1 through March 31                    Regarding the value of the
                                                Entities that produce less than 20,000
                                                                                                        to October 1 through September 30. The                commodity, as mentioned above, based
                                                pounds of raspberries for processing
                                                                                                        new time frames help facilitate program               on 2013 NASS data, the value of the
                                                annually or import less than 20,000
                                                                                                        operations because domestic                           domestic processed raspberry crop was
                                                pounds of processed raspberries
                                                                                                        assessments are due by October 31, so                 about $61 million. According to
                                                annually are exempt from assessment.
                                                   Assessment funds are used by the                     those funds can be used to support                    Customs data, the value of 2013 imports
                                                Council for activities designed to benefit              current year activities. Revising the                 was about $65 million.
                                                all industry members. Thus, it is                       terms will bring the Order in line with                  This rule prescribes late payment and
                                                important that all assessed entities pay                current practices.                                    interest charges on past due assessments
                                                their assessments in a timely manner.                     This rule also changes the OMB                      under the Order. The Order is
                                                Entities who fail to pay their                          control numbers in sections 1208.78 and               administered by the Council with
                                                assessments on time could reap the                      1208.108. In section 1208.78, the OMB                 oversight by USDA. Under the Order,
                                                benefits of Council programs at the                     control number 0581–0257 is omitted                   assessments are collected from domestic
                                                expense of others. In addition, they                    because it is no longer relevant. In                  producers of raspberries for processing
                                                could utilize funds for their own use                   sections 1208.108, the OMB control                    and importers of processed raspberries.
                                                that should otherwise be paid to the                    number is changed from 0581–NEW to                    Processed raspberries include
                                                Council to finance Council programs.                    0581–0093, the control number assigned                raspberries that have been frozen, dried,
                                                                                                        by the OMB.                                           pureed, made into juice, or altered by
                                                Council Recommendation                                                                                        mechanical processes. This rule adds a
                                                  Thus, the Council met on January 15,                  Final Regulatory Flexibility Act                      new section 1208.520 that will specify
                                                2014, and unanimously recommended                       Analysis                                              a late payment charge of 10 percent of
                                                specifying rates of late payment charges                                                                      the assessments due and interest at a
                                                                                                           In accordance with the Regulatory
                                                and interest on past due assessments in                                                                       rate of 1 percent per month on the
                                                                                                        Flexibility Act (RFA) (5 U.S.C. 601–
                                                the Order’s regulations. Specifically, the                                                                    outstanding balance, including any late
                                                                                                        612), AMS is required to examine the
                                                Council recommended that a late                                                                               payment and accrued interest. This
                                                                                                        impact of the rule on small entities.
                                                payment charge be imposed on any                                                                              section will be included in a new
                                                                                                        Accordingly, AMS has considered the
                                                handler or importer who fails to make                                                                         Subpart C—Provisions for Implementing
                                                timely remittance to the Council of the                 economic impact of this action on such
                                                                                                                                                              the Processed Raspberry Promotion,
                                                total assessments for which the handler                 entities.
                                                                                                                                                              Research, and Information Order. This
                                                or importer is liable. The late payment                    The purpose of the RFA is to fit                   action was unanimously recommended
                                                will be imposed on any assessments not                  regulatory actions to the scale of                    by the Council and is authorized under
                                                received within 30 calendar days of the                 businesses subject to such actions so                 section 1208.52(e) of the Order and
                                                date they are due. This will be a one-                  that small businesses will not be                     section 517(e) of the 1996 Act.
                                                time late payment charge equal to 10                    disproportionately burdened. The Small                   Regarding the economic impact of this
                                                percent of the assessments due before                   Business Administration defines, in 13                rule on affected entities, this action
                                                interest charges have accrued. The                      CFR part 121, small agricultural                      imposes no costs on handlers and
                                                Council also recommended that 1                         producers as those having annual                      importers who pay their assessments on
                                                percent per month interest on the                       receipts of no more than $750,000 and                 time. It merely provides an incentive for
                                                outstanding balance, including any late                 small agricultural service firms (first               entities to remit their assessments in a
                                                payment and accrued interest, be added                  handlers and importers) as those having               timely manner. For all entities who are
                                                to any accounts for which payment has                   annual receipts of no more than $7.0                  delinquent in paying assessments, both
                                                not been received within 30 calendar                    million.                                              large and small, the charges will be
                                                days after the date assessments are due.                   According to the Council, it is                    applied the same. As for the impact on
                                                Interest will continue to accrue monthly                estimated that there are 160 producers                the industry as a whole, this action will
                                                until the unpaid balance is paid to the                 of raspberries for processing and 30 first            help facilitate program administration
                                                Council.                                                handlers of processed raspberries in the              by providing an incentive for entities to
                                                  This action will help facilitate                      United States. Dividing the processed                 remit their assessments in a timely
                                                program administration by providing an                  raspberry crop value for 2013 reported                manner, with the intent of creating a fair
                                                incentive for entities to remit                         by the National Agricultural Statistics               and equitable process among all
                                                assessments in a timely manner, with                    Service (NASS) of $60,883,000 1 by the                assessed entities.
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                                                the intent of creating a fair and equitable             number of producers yields an average                    Additionally, as previously
                                                process among all assessed entities.                    annual producer revenue of $380,520. It               mentioned, the Order provides for an
                                                Accordingly, a new Subpart C is added                   is estimated that in 2013, 75 percent of              exemption for entities that produce or
                                                to the Order for Provisions                                                                                   import less than 20,000 pounds of
                                                Implementing the Processed Raspberry                      1 Noncitrus Fruits and Nuts 2013 Summary, July      processed raspberries annually. About
                                                Order, and a new section 1208.520 is                    2014, USDA, National Agricultural Statistics          140 producers of raspberries for
                                                added to Subpart C. (The proposed rule                  Service, p. 37.                                       processing and 80 importers of


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                                                                  Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Rules and Regulations                                              46791

                                                processed raspberries pay assessments                   ‘‘charge’’ after the words ‘‘late                     ■ 6. Add Subpart C, consisting of
                                                under the Order.                                        payment’’.                                            § 1208.520, to read as follows:
                                                  Regarding alternatives, one option to                    After consideration of all relevant
                                                the proposed action would be to                         matters presented, including the                      Subpart C—Provisions Implementing
                                                maintain the status quo and not                         information and recommendation                        the Processed Raspberry Promotion,
                                                prescribe late payment and interest                     submitted by the Council and other                    Research, and Information Order
                                                charges for past due assessments.                       available information, it is hereby found             § 1208.520 Late payment and interest
                                                However, the Council determined that                    that this rule, as hereinafter set forth, is          charges for past due assessments.
                                                implementing such charges will help                     consistent with and will effectuate the
                                                facilitate program administration by                                                                             (a) A late payment charge shall be
                                                                                                        purposes of the 1996 Act.
                                                encouraging entities to pay their                                                                             imposed on any handler or importer
                                                assessments in a timely manner. The                     List of Subjects in 7 CFR Part 1208                   who fails to make timely remittance to
                                                Council reviewed rates of late payment                    Administrative practice and                         the Council of the total assessments for
                                                and interest charges prescribed in other                procedure, Advertising, Consumer                      which such handler or importer is
                                                research and promotion programs and                     information, Marketing agreements,                    liable. The late payment will be
                                                concluded that a 10 percent late                        Raspberry promotion, Reporting and                    imposed on any assessments not
                                                payment charge and interest at a rate of                recordkeeping requirements.                           received within 30 calendar days of the
                                                1 percent per month on the outstanding                                                                        date they are due. This one-time late
                                                                                                          For the reasons set forth in the                    payment charge shall be 10 percent of
                                                balance would be appropriate.                           preamble, 7 CFR part 1208 is amended
                                                  In accordance with the Paperwork                                                                            the assessments due before interest
                                                                                                        as follows:                                           charges have accrued.
                                                Reduction Act of 1995 (44 U.S.C.
                                                Chapter 35), the information collection                 PART 1208—PROCESSED                                      (b) In addition to the late payment
                                                and recordkeeping requirements that are                 RASPBERRY PROMOTION,                                  charge, 1 percent per month interest on
                                                imposed by the Order have been                          RESEARCH, AND INFORMATION                             the outstanding balance, including any
                                                approved under OMB control number                       ORDER                                                 late payment charge and accrued
                                                0581–0093. This rule results in no                                                                            interest, will be added to any accounts
                                                change to the information collection and                ■ 1. The authority citation for 7 CFR                 for which payment has not been
                                                recordkeeping requirements previously                   part 1208 continues to read as follows:               received by the Council within 30
                                                approved and imposes no additional                                                                            calendar days after the date the
                                                                                                          Authority: 7 U.S.C. 7411–7425; 7 U.S.C.
                                                reporting and recordkeeping burden on                   7401.                                                 assessments are due. Such interest will
                                                domestic producers, first handlers, and                                                                       continue to accrue monthly until the
                                                importers of processed raspberries.                     ■ 2. Section 1208.3 is revised to read as             outstanding balance is paid to the
                                                  As with all Federal promotion                         follows:                                              Council.
                                                programs, reports and forms are                                                                                 Dated: August 3, 2015.
                                                periodically reviewed to reduce                         § 1208.3    Crop year.
                                                                                                           Crop year means the 12-month period                Rex A. Barnes,
                                                information requirements and
                                                                                                        from October 1 through September 30 or                Associate Administrator.
                                                duplication by industry and public
                                                sector agencies. Finally, USDA has not                  such other period approved by the                     [FR Doc. 2015–19325 Filed 8–5–15; 8:45 am]
                                                identified any relevant Federal rules                   Secretary.                                            BILLING CODE 3410–02–P

                                                that duplicate, overlap, or conflict with               ■ 3. Section 1208.7 is revised to read as
                                                this rule.                                              follows:
                                                  AMS is committed to complying with                                                                          DEPARTMENT OF TRANSPORTATION
                                                the E-Government Act, to promote the                    § 1208.7    Fiscal period.
                                                use of the Internet and other                             Fiscal period means the 12-month                    Federal Aviation Administration
                                                information technologies to provide                     period from October 1 through
                                                increased opportunities for citizen                     September 30 or such other period as                  14 CFR Part 65
                                                access to Government information and                    approved by the Secretary.                            [Docket No. FAA–2014–1000; Amdt. No. 65–
                                                services, and for other purposes.                       ■ 4. Section 1208.78 is revised to read               56A]
                                                  Regarding outreach efforts, the                       as follows:
                                                                                                                                                              RIN 2120–AK40
                                                Council met on January 15, 2014, and
                                                unanimously made its recommendation.                    § 1208.78    OMB control numbers.
                                                                                                                                                              Elimination of the Air Traffic Control
                                                All of the Council’s meetings, including                  The control number assigned to the
                                                                                                                                                              Tower Operator Certificate for
                                                meetings held via teleconference, are                   information collection requirements by
                                                                                                                                                              Controllers Who Hold a Federal
                                                open to the public and interested                       the Office of Management and Budget
                                                                                                                                                              Aviation Administration Credential
                                                persons are invited to participate and                  pursuant to the Paperwork Reduction
                                                                                                                                                              With a Tower Rating
                                                express their views.                                    Act of 1995, 44 U.S.C. Chapter 35, is
                                                  As previously mentioned, a proposed                   OMB control number 0505–0001, and                     AGENCY:  Federal Aviation
                                                rule concerning this action was                         OMB control number 0581–0093.                         Administration (FAA), DOT.
                                                published in the Federal Register on                    ■ 5. Section 1208.108 is revised to read              ACTION: Final rule; disposition of
                                                November 12, 2014 (79 FR 67103). The                    as follows:                                           comments.
                                                proposal was made available through
                                                the Internet by USDA and the Office of                  § 1208.108    OMB control number.                     SUMMARY:   On December 16, 2014, the
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                                                the Federal Register. A 30-day comment                    The control number assigned to the                  FAA published a final rule with a
                                                period ending December 12, 2014 was                     information collection requirement in                 request for comments that eliminated
                                                provided to allow interested persons to                 this subpart by the Office of                         the requirement for an air traffic control
                                                submit comments. No comments were                       Management and Budget pursuant to the                 tower operator to hold a control tower
                                                received. One change was made to                        Paperwork Reduction Act of 1995, 44                   operator certificate if the individual also
                                                section 1208.520(2) for clarification                   U.S.C. Chapter 35, is OMB control                     holds a Federal Aviation Administration
                                                purposes, the addition of the word                      number 0581–0093.                                     Credential with a tower rating (FAA


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Document Created: 2018-02-23 10:55:38
Document Modified: 2018-02-23 10:55:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective: September 8, 2015.
ContactTarun Harit, Program Management Specialist, Promotion and Economics Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., Room 1406-S, Stop 0244, Washington, DC 20250-0244; telephone: (202) 720-9915; facsimile (202) 205-2800; or electronic mail: [email protected]
FR Citation80 FR 46789 
CFR AssociatedAdministrative Practice and Procedure; Advertising; Consumer Information; Marketing Agreements; Raspberry Promotion and Reporting and Recordkeeping Requirements

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