80 FR 62506 - Raisins Produced From Grapes Grown in California; Proposed Amendments to Marketing Order
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 80, Issue 200 (October 16, 2015)
Agricultural Marketing Service
Federal Register Volume 80, Issue 200 (October 16, 2015)
| Page Range | 62506-62509 | |
| FR Document | 2015-26378 |
[Federal Register Volume 80, Number 200 (Friday, October 16, 2015)] [Proposed Rules] [Pages 62506-62509] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-26378] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 989 [Doc. No. AMS-FV-14-0069; FV-14-989-2 PR] Raisins Produced From Grapes Grown in California; Proposed Amendments to Marketing Order AGENCY: Agricultural Marketing Service, USDA. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: This proposed rule invites public comments on proposed amendments to Marketing Order No. 989, which regulates the handling of raisins produced from grapes grown in California. The Raisin Administrative Committee (Committee), which is responsible for the local administration of the order and is comprised of producers and handlers of raisins operating within the production area, recommended the amendments that would authorize the Committee to borrow from a commercial lending institution and authorize the establishment of a monetary reserve equal to up to one year's budgeted expenses. Allowing the Committee to utilize these customary business practices would help to improve administration of the order. DATES: Comments must be received by December 15, 2015. ADDRESSES: Interested persons are invited to submit written comments concerning this rule. Comments must be sent 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. Comments should reference the document number and the date and page number of this issue of the Federal Register and will be available for public inspection in the Office of the Docket Clerk during regular business hours, or can be viewed at: http://www.regulations.gov. All comments submitted in response to this proposal will be included in the record and will be made available to the public. 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. 989, as amended (7 CFR part 989), regulating the handling of raisins produced from grapes grown in California, hereinafter referred to as the ``order.'' The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.'' The Department of Agriculture (USDA) is issuing this rule in conformance with Executive Orders 12866, 13563, and 13175. This proposal has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have retroactive effect. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. Such handler is afforded the opportunity for a hearing on the petition. After the hearing, USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. 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 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. The proposed amendments were unanimously recommended by the Committee following deliberations at a public meeting held on October 2, 2014. Currently, the order does not allow the Committee to borrow funds from a commercial lending institution or retain unspent handler assessments past the close of a fiscal year. Allowing the Committee to utilize these customary business practices would help to improve administration of the order by providing it with the means for ensuring continuity of operations when its cash flow needs are greater than available handler assessment income. Proposal #1--Borrowing From a Commercial Lending Institution Section 989.80 of the order, Assessments, authorizes the Committee to collect assessments from handlers to administer the program. This proposal would provide the Committee with authority to borrow from a commercial lending institution during times of cash shortages. Since inception of the marketing order, the Committee sometimes has used the order's volume regulation provisions to pool a portion of the annual raisin crop to assure orderly marketing. These pooled raisins, designated by the Committee as reserve raisins, were sold and released to handlers throughout the crop year. In managing the pooled raisins for the best return to growers, the Committee pooled the cash received [[Page 62507]] from the handlers until equity payments were distributed to the growers. The Committee borrowed funds (with interest) from this reserve raisin pool during times of assessment shortages to temporarily cover expenses, generally during the early part of the new crop year. Volume regulation has not been in effect under the marketing order since 2010, and the Committee has been returning equity payments to the growers who contributed raisins to the 2009 reserve raisin pool. Therefore, funds from the reserve raisin pool are no longer available for the Committee to use during times of cash shortages. The Committee's proposed amendment to the order would allow it to borrow from a commercial lending institution when no other funding is available. This would assist the Committee in bridging finances from the end of one fiscal year through the first quarter of the new fiscal year before assessments on the new crop are received. Additionally, the Committee has received grants from the Foreign Agricultural Service's (FAS) Market Access Program (MAP) since 1995 to conduct market expansion and development activities in various international markets. Under MAP, participants must first use their own resources for activities and request reimbursement from FAS. Sometimes there is a time-lag between submission of reimbursement requests and receipt of payments, which causes budgeting issues. Having authority to borrow from a commercial lending institution would help to ensure continuity of operations when this occurs. Therefore, for the reasons stated above, it is proposed that Sec. 989.80, Assessments, be amended by adding a sentence in paragraph (c) that would provide the Committee with authority to borrow from a commercial lending institution when no other funding is available. Proposal #2--Establish a Monetary Reserve Fund Equal to One Year's Budgeted Expenses Section 989.81 of the order, Accounting, authorizes the Committee to credit or refund unexpended assessment funds from the crop year back to the handlers from whom it was collected. Currently, the order doesn't allow the Committee to retain handler assessments from prior crop years. This proposal would allow the Committee to establish a monetary reserve equal to one year's operational expenses as averaged over the past six years. Reserve funds could be used for specific administrative and overhead expenses such as staff wages, salaries and related benefits, office rent, utilities, postage, insurance, legal expenses, and audit costs; to cover deficits incurred during any period when assessment income is less than expenses; to defray expenses incurred during any period when any or all provisions of the order are suspended; liquidation of the order; and other expenses recommended by the Committee and approved by the Secretary. Reserve funds could not be used for promotional expenses during any crop year prior to the time that assessment income is sufficient to cover such expenses. As previously stated in Proposal #1, the Committee borrowed cash from the reserve raisin pool and repaid it with interest when handler assessment cash shortages occurred in the past. This practice helped the Committee to bridge finances from one fiscal crop year to the next until assessment income for the new crop year was received. This option is no longer available. For the reasons stated above, it is proposed that Sec. 989.81, Accounting, be amended to allow the Committee to retain excess assessment funds for the purpose of establishing a monetary reserve equal to one year's budgeted expenses as averaged over the past six years. Such excess funds could only be used for specific administrative and operational expenses. 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 3,000 producers of California raisins and approximately 28 handlers subject to regulation under the marketing order. The Small Business Administration defines small agricultural producers as those having annual receipts of less than $750,000 and defines small agricultural service firms as those whose annual receipts are less than $7,000,000 (13 CFR 121.201). Based upon information provided by the Committee, it may be concluded that a majority of producers and approximately 18 handlers of California raisins may be classified as small entities. The proposed rule would authorize the Committee to borrow from commercial lending institutions and to establish a monetary reserve fund equal to one year's budgeted expenses. This would help to ensure proper management and funding of the program. The Committee reviewed and identified a yearly budget that would be necessary to continue program operations in the absence of a reserve pool. Based on this budget, the Committee believes a monetary reserve of approximately $2 million would be sufficient to continue operations. The anticipated $2 million to be accumulated in a monetary reserve would not be accrued in one crop year. It would be spread over several years, depending on expenses, assessment revenue, and excess handler assessments accrued in each crop year. For example: If excess annual handler assessments amount to $400,000, it would take five years to accrue $2 million. Currently, the average excess handler assessments paid yearly over the last six years has been $861,622. During the time in which the monetary reserve fund would be accumulated, the Committee would seek funding from a commercial lending institution as previously explained in Proposal #1. While this action would result in a temporary increase in handler costs, these costs would be uniform on all handlers and proportional to the size of their businesses. However, these costs are expected to be offset by the benefits derived from operation of the order. Additionally, these costs would help to ensure that the Committee has sufficient funds to meet its financial obligations. Such stability is expected to allow the Committee to conduct programs that would benefit all entities, regardless of size. California raisin producers should see an improved business environment and a more sustainable business model because of the improved business efficiency. Alternatives were considered to these proposals, including making no changes at this time. However, the Committee believes it would be beneficial to have the means and funds necessary to effectively administer the program. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the order's information [[Page 62508]] collection requirements have been previously approved by the Office of Management and Budget (OMB) and assigned OMB No. 0581-0178, ``Vegetable and Specialty Crops.'' No changes in those requirements as a result of this action are necessary. Should any changes become necessary, they would be submitted to OMB for approval. This proposed rule would impose no additional reporting or recordkeeping requirements on either small or large California raisin handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. The Committee's meeting was widely publicized throughout the California raisin 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 October 2, 2014, 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. 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. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this action. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: http://www.ams.usda.gov/MarketingOrdersSmallBusinessGuide. Any questions about the compliance guide should be sent to Jeffrey Smutny at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. 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 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 raisins produced by grapes grown in California 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 raisins produced or packed in the production area; and 5. All handling of raisins 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 989 Raisins, Marketing agreements, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 989 is proposed to be amended as follows: PART 989--RAISINS PRODUCED BY GRAPES GROWN IN CALIFORNIA 0 1. The authority citation for 7 CFR part 989 continues to read as follows: Authority: 7 U.S.C. 601-674. 0 2. Revise paragraph (c) of Sec. 989.80 to read as follows: Sec. 989.80 Assessments. * * * * * (c) During any crop year or any portion of a crop year for which volume percentages are not effective for a varietal type, all standard raisins of that varietal type acquired by handlers during such period shall be free tonnage for purposes of levying assessments pursuant to this section. The Secretary shall fix the rate of assessment to be paid by all handlers on the basis of a specified rate per ton. At any time during or after a crop year, the Secretary may increase the rate of assessment to obtain sufficient funds to cover any later finding by the Secretary relative to the expenses of the committee. Each handler shall pay such additional assessment to the committee upon demand. In order to provide funds to carry out the functions of the committee, the committee may accept advance payments from any handler to be credited toward such assessments as may be levied pursuant to this section against such handler during the crop year. In the event cash flow needs of the committee are above cash available generated by handler assessments, the committee may borrow from a commercial lending institution. The payment of assessments for the maintenance and functioning of the committee, and for such purposes as the Secretary may pursuant to this subpart determine to be appropriate, may be required under this part throughout the period it is in effect, irrespective of whether particular provisions thereof are suspended or become inoperative. * * * * * 0 3. Revise paragraph (a) of Sec. 989.81 to read as follows: Sec. 989.81 Accounting. (a) If, at the end of the crop year, the assessments collected are in excess of expenses incurred, such excess shall be accounted for in accordance with one of the following: [[Page 62509]] (1) If such excess is not retained in a reserve, as provided in paragraph (a)(2) of this section, it shall be refunded proportionately to the persons from whom collected in accordance with Sec. 989.80; Provided, That any sum paid by a person in excess of his or her pro rata share of expenses during any crop year may be applied by the committee at the end of such crop year as credit for such person, toward the committee's administrative operations for the following crop year; Provided further, That the committee may credit the excess to any outstanding obligations due the committee from such person. (2) The committee may carry over such excess funds into subsequent crop years as a reserve; Provided, That funds already in the reserve do not exceed one crop year's budgeted expenses as averaged over the past six years. In the event that funds exceed one crop year's expenses, funds in excess of one crop year's budgeted expenses shall be distributed in accordance with paragraph (1) above. Such funds may be used: (i) To defray essential administrative expenses (i.e., staff wages/ salaries and related benefits, office rent, utilities, postage, insurance, legal expenses, audit costs, consulting, Web site operation and maintenance, office supplies, repairs and maintenance, equipment leases, domestic staff travel and committee mileage reimbursement, international committee travel, international staff travel, bank charges, computer software and programming, costs of compliance activities, and other similar essential administrative expenses) exclusive of promotional expenses during any crop year, prior to the time assessment income is sufficient to cover such expenses; (ii) To cover deficits incurred during any period when assessment income is less than expenses; (iii) To defray expenses incurred during any period when any or all provisions of this part are suspended; (iv) To meet any other such expenses recommended by the committee and approved by the Secretary; and (v) To cover the necessary expenses of liquidation in the event of termination of this part. Upon such termination, any funds not required to defray the necessary expenses of liquidation shall be disposed of in such manner as the Secretary may determine to be appropriate; Provided, That to the extent practicable, such funds shall be returned pro rata to the persons from whom such funds were collected. * * * * * Dated: October 13, 2015. Rex Barnes, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2015-26378 Filed 10-15-15; 8:45 am] BILLING CODE 3410-02-P
![62506 Federal Register / Vol. 80, No. 200 / Friday, October 16, 2015 / Proposed Rules
Department to continue to achieve its and will be made available to the 20 days after the date of the entry of the
security goals consistent with the law. public. Please be advised that the ruling.
identity of the individuals or entities Section 1504 of the Food,
David M. Wulf, Conservation, and Energy Act of 2008
submitting the comments will be made
Director for Infrastructure Security public on the internet at the address (2008 Farm Bill) (Pub. L. 110–246)
Compliance Division, Department of amended section 18c(17) of the Act,
Homeland Security.
provided above.
which in turn required the addition of
[FR Doc. 2015–26200 Filed 10–15–15; 8:45 am] FOR FURTHER INFORMATION CONTACT:
supplemental rules of practice to 7 CFR
BILLING CODE 9110–9P–P Geronimo Quinones, Marketing
part 900 (73 FR 49307; August 21,
Specialist, or Michelle P. Sharrow,
2008). The additional supplemental
Rulemaking Branch Chief, Marketing
rules of practice authorize the use of
DEPARTMENT OF AGRICULTURE Order and Agreement Division, Fruit
informal rulemaking (5 U.S.C. 553) to
and Vegetable Program, AMS, USDA;
amend Federal fruit, vegetable, and nut
Agricultural Marketing Service 1400 Independence Avenue SW., Stop
marketing agreements and orders. USDA
0237, Washington, DC 20250–0237; may use informal rulemaking to amend
7 CFR Part 989 Telephone: (202) 720–2491, Fax: (202) marketing orders based on the nature
720–8938, or Email: and complexity of the proposed
[Doc. No. AMS–FV–14–0069; FV–14–989–2
geronimo.quinones@ams.usda.gov or amendments, the potential regulatory
PR]
michelle.sharrow@ams.usda.gov. and economic impacts on affected
Raisins Produced From Grapes Grown Small businesses may request entities, and any other relevant matters.
in California; Proposed Amendments information on complying with this AMS has considered these factors and
to Marketing Order regulation by contacting Jeffrey Smutny, has determined that the amendment
Marketing Order and Agreement proposals are not unduly complex and
AGENCY: Agricultural Marketing Service, Division, Fruit and Vegetable Program, the nature of the proposed amendments
USDA. AMS, USDA, 1400 Independence is appropriate for utilizing the informal
ACTION: Proposed rule. Avenue SW., STOP 0237, Washington, rulemaking process to amend the order.
DC 20250–0237; Telephone: (202) 720– A discussion of the potential regulatory
SUMMARY: This proposed rule invites
2491, Fax: (202) 720–8938, or Email: and economic impacts on affected
public comments on proposed
Jeffrey.Smutny@ams.usda.gov. entities is discussed later in the ‘‘Initial
amendments to Marketing Order No.
989, which regulates the handling of SUPPLEMENTARY INFORMATION: This Regulatory Flexibility Analysis’’ section
raisins produced from grapes grown in proposal is issued under Marketing of this rule.
Order No. 989, as amended (7 CFR part The proposed amendments were
California. The Raisin Administrative
989), regulating the handling of raisins unanimously recommended by the
Committee (Committee), which is
produced from grapes grown in Committee following deliberations at a
responsible for the local administration
California, hereinafter referred to as the public meeting held on October 2, 2014.
of the order and is comprised of
‘‘order.’’ The order is effective under the Currently, the order does not allow the
producers and handlers of raisins
Agricultural Marketing Agreement Act Committee to borrow funds from a
operating within the production area,
of 1937, as amended (7 U.S.C. 601–674), commercial lending institution or retain
recommended the amendments that
hereinafter referred to as the ‘‘Act.’’ unspent handler assessments past the
would authorize the Committee to
close of a fiscal year. Allowing the
borrow from a commercial lending The Department of Agriculture
Committee to utilize these customary
institution and authorize the (USDA) is issuing this rule in
business practices would help to
establishment of a monetary reserve conformance with Executive Orders
improve administration of the order by
equal to up to one year’s budgeted 12866, 13563, and 13175.
providing it with the means for ensuring
expenses. Allowing the Committee to This proposal has been reviewed continuity of operations when its cash
utilize these customary business under Executive Order 12988, Civil flow needs are greater than available
practices would help to improve Justice Reform. This rule is not intended handler assessment income.
administration of the order. to have retroactive effect.
DATES: Comments must be received by The Act provides that administrative Proposal #1—Borrowing From a
December 15, 2015. proceedings must be exhausted before Commercial Lending Institution
ADDRESSES: Interested persons are parties may file suit in court. Under Section 989.80 of the order,
invited to submit written comments section 608c(15)(A) of the Act, any Assessments, authorizes the Committee
concerning this rule. Comments must be handler subject to an order may file to collect assessments from handlers to
sent to the Docket Clerk, Marketing with USDA a petition stating that the administer the program.
Order and Agreement Division, Fruit order, any provision of the order, or any This proposal would provide the
and Vegetable Program, AMS, USDA, obligation imposed in connection with Committee with authority to borrow
1400 Independence Avenue SW., STOP the order is not in accordance with law from a commercial lending institution
0237, Washington, DC 20250–0237; Fax: and request a modification of the order during times of cash shortages. Since
(202) 720–8938; or Internet: http:// or to be exempted therefrom. Such inception of the marketing order, the
www.regulations.gov. Comments should handler is afforded the opportunity for Committee sometimes has used the
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
reference the document number and the a hearing on the petition. After the order’s volume regulation provisions to
date and page number of this issue of hearing, USDA would rule on the pool a portion of the annual raisin crop
the Federal Register and will be petition. The Act provides that the to assure orderly marketing. These
available for public inspection in the district court of the United States in any pooled raisins, designated by the
Office of the Docket Clerk during regular district in which the handler is an Committee as reserve raisins, were sold
business hours, or can be viewed at: inhabitant, or has his or her principal and released to handlers throughout the
http://www.regulations.gov. All place of business, has jurisdiction to crop year. In managing the pooled
comments submitted in response to this review USDA’s ruling on the petition, raisins for the best return to growers, the
proposal will be included in the record provided an action is filed not later than Committee pooled the cash received
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![Federal Register / Vol. 80, No. 200 / Friday, October 16, 2015 / Proposed Rules 62509
(1) If such excess is not retained in a Dated: October 13, 2015. for inspection at the National Archives
reserve, as provided in paragraph (a)(2) Rex Barnes, and Records Administration (NARA).
of this section, it shall be refunded Associate Administrator, Agricultural For information on the availability of
proportionately to the persons from Marketing Service. this material at NARA, call 202–741–
whom collected in accordance with [FR Doc. 2015–26378 Filed 10–15–15; 8:45 am] 6030, or go to http://www.archives.gov/
§ 989.80; Provided, That any sum paid BILLING CODE 3410–02–P federal_register/code_of_federal-
by a person in excess of his or her pro regulations/ibr_locations.html.
rata share of expenses during any crop FAA Order 7400.9, Airspace
year may be applied by the committee DEPARTMENT OF TRANSPORTATION Designations and Reporting Points, is
at the end of such crop year as credit for published yearly and effective on
such person, toward the committee’s Federal Aviation Administration September 15.
administrative operations for the
FOR FURTHER INFORMATION CONTACT:
following crop year; Provided further, 14 CFR Part 71
That the committee may credit the Steve Haga, Federal Aviation
excess to any outstanding obligations [Docket No. FAA–2015–1139; Airspace Administration, Operations Support
Docket No. 15–AWP–4] Group, Western Service Center, 1601
due the committee from such person.
Lind Avenue SW., Renton, WA 98057;
(2) The committee may carry over Proposed Establishment of Class E telephone (425) 203–4500.
such excess funds into subsequent crop Airspace; Los Angeles, CA
years as a reserve; Provided, That funds SUPPLEMENTARY INFORMATION:
already in the reserve do not exceed one AGENCY: Federal Aviation
Administration (FAA), DOT. Authority for This Rulemaking
crop year’s budgeted expenses as
averaged over the past six years. In the ACTION: Notice of proposed rulemaking The FAA’s authority to issue rules
event that funds exceed one crop year’s (NPRM). regarding aviation safety is found in
expenses, funds in excess of one crop Title 49 of the United States Code.
year’s budgeted expenses shall be SUMMARY: This action proposes to Subtitle I, Section 106 describes the
distributed in accordance with establish Class E surface area airspace authority of the FAA Administrator.
paragraph (1) above. Such funds may be designated as an extension to the Class Subtitle VII, Aviation Programs,
used: D airspace at Whiteman Airport, Los describes in more detail the scope of the
Angeles, CA. After reviewing the agency’s authority. This rulemaking is
(i) To defray essential administrative
airspace, the FAA found it necessary to promulgated under the authority
expenses (i.e., staff wages/salaries and
establish Class E surface area for the described in Subtitle VII, Part, A,
related benefits, office rent, utilities,
safety and management of Instrument Subpart I, Section 40103. Under that
postage, insurance, legal expenses, audit
Flight Rules (IFR) operations for at the section, the FAA is charged with
costs, consulting, Web site operation
airport. prescribing regulations to assign the use
and maintenance, office supplies,
repairs and maintenance, equipment DATES: Comments must be received on of airspace necessary to ensure the
leases, domestic staff travel and or before November 30, 2015. safety of aircraft and the efficient use of
committee mileage reimbursement, ADDRESSES: Send comments on this airspace. This regulation is within the
international committee travel, proposal to the U.S. Department of scope of that authority as it would
international staff travel, bank charges, Transportation, Docket Operations, M– establish Class E airspace at Whiteman
computer software and programming, 30, West Building Ground Floor, Room Airport, Los Angeles, CA.
costs of compliance activities, and other W12–140, 1200 New Jersey Avenue SE., Comments Invited
similar essential administrative Washington, DC 20590; telephone (202)
expenses) exclusive of promotional 366–9826. You must identify FAA Interested parties are invited to
expenses during any crop year, prior to Docket No. FAA–2015–1139; Airspace participate in this proposed rulemaking
the time assessment income is sufficient Docket No. 15–AWP–4, at the beginning by submitting such written data, views,
to cover such expenses; of your comments. You may also submit or arguments, as they may desire.
(ii) To cover deficits incurred during comments through the Internet at Comments that provide the factual basis
any period when assessment income is http://www.regulations.gov. You may supporting the views and suggestions
less than expenses; review the public docket containing the presented are particularly helpful in
proposal, any comments received, and developing reasoned regulatory
(iii) To defray expenses incurred
any final disposition in person in the decisions on the proposal. Comments
during any period when any or all
Dockets Office between 9:00 a.m. and are specifically invited on the overall
provisions of this part are suspended;
5:00 p.m., Monday through Friday, regulatory, aeronautical, economic,
(iv) To meet any other such expenses except Federal holidays. The Docket environmental, and energy-related
recommended by the committee and Office (telephone 1–800–647–5527), is aspects of the proposal.
approved by the Secretary; and on the ground floor of the building at Communications should identify both
(v) To cover the necessary expenses of the above address. docket numbers and be submitted in
liquidation in the event of termination FAA Order 7400.9Z, Airspace triplicate to the address listed above.
of this part. Upon such termination, any Designations and Reporting Points, and Commenters wishing the FAA to
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
funds not required to defray the subsequent amendments can be viewed acknowledge receipt of their comments
necessary expenses of liquidation shall online at http://www.faa.gov/air_traffic/ on this notice must submit with those
be disposed of in such manner as the publications/. For further information, comments a self-addressed, stamped
Secretary may determine to be you can contact the Airspace Policy and postcard on which the following
appropriate; Provided, That to the extent ATC Regulations Group, Federal statement is made: ‘‘Comments to
practicable, such funds shall be Aviation Administration, 800 Docket No. FAA–2015–1139; Airspace
returned pro rata to the persons from Independence Avenue SW., Docket No. 15–AWP–4.’’ The postcard
whom such funds were collected. Washington, DC 29591; telephone: 202– will be date/time stamped and returned
* * * * * 267–8783. The Order is also available to the commenter.
VerDate Sep<11>2014 17:01 Oct 15, 2015 Jkt 238001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\16OCP1.SGM 16OCP1](https://thefederalregister.org/doc/80_FR_62706/page/4.svg)
Document Created: 2015-12-14 15:23:24
Document Modified: 2015-12-14 15:23:24
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received by December 15, 2015. | |
| 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: [email protected] or [email protected] | |
| FR Citation | 80 FR 62506 | |
| CFR Associated | Raisins; Marketing Agreements and Reporting and Recordkeeping Requirements |
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