81_FR_22587 81 FR 22513 - Specialty Crop Block Grant Program Regulation; Removal of a Final Rule

81 FR 22513 - Specialty Crop Block Grant Program Regulation; Removal of a Final Rule

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 81, Issue 74 (April 18, 2016)

Page Range22513-22514
FR Document2016-08832

The Agricultural Marketing Service (AMS) is rescinding and removing from the Code of Federal Regulations 7 CFR part 1290 entitled ``Specialty Crop Block Grant Program'' (SCBGP) in its entirety. This regulation implemented the SCBGP for the fiscal years 2006 to 2008 and is now obsolete.

Federal Register, Volume 81 Issue 74 (Monday, April 18, 2016)
[Federal Register Volume 81, Number 74 (Monday, April 18, 2016)]
[Rules and Regulations]
[Pages 22513-22514]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08832]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1290

[Document No. AMS-TM-16-0004]
RIN 0581-AC59


Specialty Crop Block Grant Program Regulation; Removal of a Final 
Rule

AGENCY: Agricultural Marketing Service.

ACTION: Final rule; removal.

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

SUMMARY: The Agricultural Marketing Service (AMS) is rescinding and 
removing from the Code of Federal Regulations 7 CFR part 1290 entitled 
``Specialty Crop Block Grant Program'' (SCBGP) in its entirety. This 
regulation implemented the SCBGP for the fiscal years 2006 to 2008 and 
is now obsolete.

DATES: Effective April 19, 2016.

FOR FURTHER INFORMATION CONTACT: Trista Etzig, Grants Division 
Director; Telephone: (202) 720-8356; email: Trista.Etzig@ams.usda.gov.

SUPPLEMENTARY INFORMATION: SCBGP is authorized under the Specialty Crop 
Competitiveness Act of 2004 (7 U.S.C. 1621 note).
    AMS published 7 CFR part 1290, as a Final rule, in the Federal 
Register on September 11, 2006 (71 FR 53307), to establish regulations 
for SCBGP. SCBGP is a noncompetitive grant program that

[[Page 22514]]

makes funds available to eligible entities for projects to solely 
enhance the competitiveness of specialty crops. The rule established 
SCBGP eligibility and application requirements, review and approval 
processes, and grant administration procedures for SCBGP for the fiscal 
years 2006 to 2008.
    The grant agreements that 7 CFR part 1290 affected have expired and 
the regulations are now obsolete. Therefore, the AMS is rescinding and 
removing the regulation implementing the SCBGP from 2006 to 2008 in its 
entirety.

List of Subjects in 7 CFR Part 1290

    Agriculture, Reporting and recordkeeping requirements, Specialty 
crop block grants.

PART 1290--[REMOVED AND RESERVED]

    For the reasons set forth in the preamble, under the authority of 7 
U.S.C. 1621 note, 7 CFR part 1290 is removed.

    Dated: April 12, 2016.
Elanor Starmer,
Administrator, Agricultural Marketing Service.
[FR Doc. 2016-08832 Filed 4-15-16; 8:45 am]
 BILLING CODE 3410-02-P



                                                                    Federal Register / Vol. 81, No. 74 / Monday, April 18, 2016 / Rules and Regulations                                               22513

                                                diversion credits may provide                           that duplicate, overlap, or conflict with                This action also affirms information
                                                additional incentive for handlers to                    this final rule. Further, the public                  contained in the interim rule concerning
                                                develop these programs and may                          comment received concerning the                       Executive Orders 12866, 12988, 13175,
                                                facilitate additional sales, which could                proposal did not address the initial                  and 13563; the Paperwork Reduction
                                                improve returns for growers and                         regulatory flexibility analysis.                      Act (44 U.S.C. Chapter 35); and the E-
                                                handlers. Further, the Board does not                      In addition, the Board’s meeting was               Gov Act (44 U.S.C. 101).
                                                believe that this change significantly                  widely publicized throughout the tart                    After consideration of all relevant
                                                impacts the calculations for free and                   cherry industry, and all interested                   material presented, it is found that
                                                restricted percentages.                                 persons were invited to attend and                    finalizing the interim rule, without
                                                   The change in composition of the                     participate in Board deliberations on all             change, as published in the Federal
                                                subcommittee is administrative in                       issues. Like all Board meetings, the June             Register (80 FR 68424, November 5,
                                                nature and is not expected to result in                 25, 2015, meeting was a public meeting,               2015) will tend to effectuate the
                                                any additional costs.                                   and all entities, both large and small,               declared policy of the Act.
                                                   This rule is expected to benefit the                 were able to express views on this issue.
                                                industry. The effects of this rule are not                                                                    List of Subjects in 7 CFR Part 930
                                                                                                           An interim rule concerning this action
                                                expected to be disproportionately                       was published in the Federal Register                   Marketing agreements, Reporting and
                                                greater or less for small handlers or                   on November 5, 2015, (80 FR 68424)                    recordkeeping requirements, Tart
                                                producers than for larger entities.                     and was effective November 6, 2015.                   cherries.
                                                   The Board discussed alternatives to                  Copies of the rule were sent via email
                                                these changes, including not changing                                                                         ■ Accordingly, the interim rule that
                                                                                                        to all Board members and tart cherry                  amended 7 CFR part 930 and that was
                                                the number of years that new market
                                                                                                        handlers. Finally, the rule was made                  published at 80 FR 68424 on November
                                                development and market expansion
                                                                                                        available through the internet by USDA                5, 2015, is adopted as a final rule,
                                                projects were eligible for diversion
                                                                                                        and the Office of the Federal Register. A             without change.
                                                credit. The Board agreed that increasing
                                                                                                        60-day comment period ending January
                                                the number of years that new market                                                                             Dated: April 12, 2016.
                                                                                                        4, 2016, was provided to allow
                                                development and market expansion                                                                              Elanor Starmer,
                                                                                                        interested persons to respond to the
                                                projects are eligible for diversion credit                                                                    Administrator, Agricultural Marketing
                                                                                                        proposal.
                                                from one year to three years provides                                                                         Service.
                                                handlers with more incentive to utilize                    One comment was received during
                                                                                                        the comment period in response to the                 [FR Doc. 2016–08834 Filed 4–15–16; 8:45 am]
                                                these programs while not impacting the                                                                        BILLING CODE 3410–02–P
                                                calculations for free and restricted                    interim rule. The commenter, a
                                                percentages.                                            producer, supported part of the action
                                                   Another alternative considered was                   but offered an alternative to the
                                                                                                        membership of the subcommittee.                       DEPARTMENT OF AGRICULTURE
                                                maintaining the previous composition
                                                of the subcommittee responsible for                        The commenter supported the                        Agricultural Marketing Service
                                                reviewing exemption requests.                           expansion of handler diversion credits
                                                However, the Board wanted to specify                    for new market development and market                 7 CFR Part 1290
                                                that the subcommittee be composed of                    expansion projects from one year to
                                                                                                        three years. The commenter agreed with                [Document No. AMS–TM–16–0004]
                                                members who are not affiliated with any
                                                handler. Therefore, for the reasons                     the Board’s finding that it will                      RIN 0581–AC59
                                                mentioned above, these alternatives                     encourage growth in the industry.
                                                were rejected.                                             Regarding the change to the                        Specialty Crop Block Grant Program
                                                   In accordance with the Paperwork                     membership of the approval                            Regulation; Removal of a Final Rule
                                                Reduction Act of 1995 (44 U.S.C.                        subcommittee, the commenter suggested
                                                                                                        that membership should be further                     AGENCY:    Agricultural Marketing Service.
                                                Chapter 35), the order’s information
                                                collection requirements have been                       modified to include cherry growers that               ACTION:   Final rule; removal.
                                                previously approved by the Office of                    are not also handlers. However, the
                                                                                                                                                              SUMMARY:   The Agricultural Marketing
                                                Management and Budget (OMB) and                         Board’s intent in making the revision to
                                                                                                                                                              Service (AMS) is rescinding and
                                                assigned OMB No. 0581–0177, (Tart                       the subcommittee requirements was, in
                                                                                                                                                              removing from the Code of Federal
                                                Cherries Grown in the States of                         part, to ensure impartiality.
                                                                                                                                                              Regulations 7 CFR part 1290 entitled
                                                Michigan, New York, Pennsylvania,                       Consequently, the Board recommended
                                                                                                                                                              ‘‘Specialty Crop Block Grant Program’’
                                                Oregon, Utah, Washington, and                           that the subcommittee be composed of
                                                                                                                                                              (SCBGP) in its entirety. This regulation
                                                Wisconsin). No changes in those                         members who are not affiliated with any
                                                                                                                                                              implemented the SCBGP for the fiscal
                                                requirements as a result of this action                 handler. Even growers who are not
                                                                                                                                                              years 2006 to 2008 and is now obsolete.
                                                are necessary. Should any changes                       handlers themselves have a business
                                                                                                        relationship with the handlers to which               DATES: Effective April 19, 2016.
                                                become necessary, they would be
                                                submitted to OMB for approval.                          they sell.                                            FOR FURTHER INFORMATION CONTACT:
                                                   This rule will not impose any                           The additional points in the comment               Trista Etzig, Grants Division Director;
                                                additional reporting or recordkeeping                   were not relevant to the interim rule.                Telephone: (202) 720–8356; email:
                                                requirements on either small or large                   Accordingly, no changes will be made                  Trista.Etzig@ams.usda.gov.
                                                tart cherry handlers. As with all Federal               to the interim rule, based on the                     SUPPLEMENTARY INFORMATION: SCBGP is
                                                marketing order programs, reports and                   comment received. Therefore, for the                  authorized under the Specialty Crop
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                                                forms are periodically reviewed to                      reasons given in the interim rule, we are             Competitiveness Act of 2004 (7 U.S.C.
                                                reduce information requirements and                     adopting the interim rule as a final rule,            1621 note).
                                                duplication by industry and public                      without change.                                          AMS published 7 CFR part 1290, as
                                                sector agencies.                                           To view the interim rule and the                   a Final rule, in the Federal Register on
                                                   As noted in the initial regulatory                   comment that was received, go to:                     September 11, 2006 (71 FR 53307), to
                                                flexibility analysis, USDA has not                      http://www.regulations.gov/#!docket                   establish regulations for SCBGP. SCBGP
                                                identified any relevant Federal rules                   Detail;D=AMS-FV-15-0046.                              is a noncompetitive grant program that


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                                                22514               Federal Register / Vol. 81, No. 74 / Monday, April 18, 2016 / Rules and Regulations

                                                makes funds available to eligible entities              DATES:    This rule is effective May 18,                 G. Review Under the Unfunded Mandates
                                                for projects to solely enhance the                      2016.                                                       Reform Act of 1995
                                                competitiveness of specialty crops. The                                                                          H. Review Under the Treasury and General
                                                                                                        ADDRESSES:    This rulemaking can be                        Government Appropriations Act of 1999
                                                rule established SCBGP eligibility and
                                                                                                        identified by docket number EERE–                        I. Review Under Executive Order 12630
                                                application requirements, review and
                                                                                                        2013–BT–STD–0033 and/or Regulatory                       J. Review Under the Treasury and General
                                                approval processes, and grant                                                                                       Government Appropriations Act of 2001
                                                                                                        Information Number (RIN) 1904–AD02.
                                                administration procedures for SCBGP                                                                              K. Review Under Executive Order 13211
                                                for the fiscal years 2006 to 2008.                         Docket: The docket, which includes
                                                                                                        Federal Register notices, public meeting                 L. Review Under the Information Quality
                                                   The grant agreements that 7 CFR part                                                                             Bulletin for Peer Review
                                                1290 affected have expired and the                      attendee lists and transcripts,
                                                regulations are now obsolete. Therefore,                comments, and other supporting                        I. Statutory Authority
                                                the AMS is rescinding and removing the                  documents/materials, is available for                    Title III of the Energy Policy and
                                                regulation implementing the SCBGP                       review at www.regulations.gov. All                    Conservation Act (EPCA), as amended
                                                from 2006 to 2008 in its entirety.                      documents in the docket are listed in                 (42 U.S.C. 6291 et seq.), sets forth
                                                                                                        the www.regulations.gov index.                        various provisions designed to improve
                                                List of Subjects in 7 CFR Part 1290                     However, some documents listed in the                 energy efficiency. Part A of Title III of
                                                  Agriculture, Reporting and                            index may not be publicly available,                  EPCA (42 U.S.C. 6291–6309) established
                                                recordkeeping requirements, Specialty                   such as those containing information                  the ‘‘Energy Conservation Program for
                                                crop block grants.                                      that is exempt from public disclosure.                Consumer Products Other Than
                                                                                                           A link to the docket Web page can be               Automobiles.’’ 1 EPCA authorizes the
                                                PART 1290—[REMOVED AND                                  found at: https://www1.eere.energy.gov/               Secretary of Energy to classify
                                                RESERVED]                                               buildings/appliance_standards/                        additional types of consumer products
                                                  For the reasons set forth in the                      rulemaking.aspx/ruleid/76. This Web                   not otherwise specified in Part A as
                                                preamble, under the authority of 7                      page will contain a link to the docket for            covered products. For a type of
                                                U.S.C. 1621 note, 7 CFR part 1290 is                    this notice on the www.regulations.gov                consumer product to be classified as a
                                                removed.                                                site. The www.regulations.gov Web page                covered product, the Secretary must
                                                                                                        contains simple instructions on how to                determine that:
                                                  Dated: April 12, 2016.                                access all documents, including public
                                                Elanor Starmer,
                                                                                                                                                                 (1) Classifying the product as a
                                                                                                        comments, in the docket.                              covered product is necessary for the
                                                Administrator, Agricultural Marketing                      For further information on how to
                                                Service.                                                                                                      purposes of EPCA; and
                                                                                                        review the docket, contact Ms. Brenda                    (2) The average annual per-household
                                                [FR Doc. 2016–08832 Filed 4–15–16; 8:45 am]             Edwards at (202) 586–2945 or by email:                energy use by products of such type is
                                                BILLING CODE 3410–02–P                                  Brenda.Edwards@ee.doe.gov.                            likely to exceed 100 kilowatt-hours
                                                                                                        FOR FURTHER INFORMATION CONTACT: Mr.                  (kWh) per year. (42 U.S.C. 6292(b)(1))
                                                                                                        Bryan Berringer, U.S. Department of                      For the Secretary to prescribe an
                                                DEPARTMENT OF ENERGY                                    Energy, Office of Energy Efficiency and               energy conservation standard pursuant
                                                                                                        Renewable Energy, Building                            to 42 U.S.C. 6295(o) and (p) for covered
                                                10 CFR Part 430
                                                                                                        Technologies Office, EE–5B, 1000                      products added pursuant to 42 U.S.C.
                                                [Docket No. EERE–2013–BT–STD–0033]                      Independence Avenue SW.,                              6292(b)(1), he must also determine that:
                                                RIN 1904–AD02                                           Washington, DC 20585–0121.                               (1) The average household energy use
                                                                                                        Telephone: (202) 586–0371. Email:                     of the products has exceeded 150 kWh
                                                Energy Conservation Program for                         Bryan.Berringer@ee.doe.gov.                           per household for a 12-month period;
                                                Consumer Products and Certain                              Ms. Sarah Butler, U.S. Department of                  (2) The aggregate 12-month energy use
                                                Commercial and Industrial Equipment:                    Energy, Office of the General Counsel,                of the products has exceeded 4.2
                                                Determination of Portable Air                           GC–33, 1000 Independence Avenue                       terawatt-hours (TWh);
                                                Conditioners as a Covered Consumer                      SW., Washington, DC 20585–0121.                          (3) Substantial improvement in energy
                                                Product                                                 Telephone: (202) 586–1777. Email:                     efficiency is technologically feasible;
                                                                                                        Sarah.Butler@hq.doe.gov.                              and
                                                AGENCY:  Office of Energy Efficiency and                                                                         (4) Application of a labeling rule
                                                Renewable Energy, Department of                         SUPPLEMENTARY INFORMATION:
                                                                                                                                                              under 42 U.S.C. 6294 is unlikely to be
                                                Energy.                                                 Table of Contents                                     sufficient to induce manufacturers to
                                                ACTION: Final determination.                                                                                  produce, and consumers and other
                                                                                                        I. Statutory Authority
                                                SUMMARY:   The U.S. Department of                       II. Current Rulemaking Process                        persons to purchase, covered products
                                                Energy (DOE) is classifying portable air                III. Proposed Definition                              of such type (or class) that achieve the
                                                conditioners (ACs) as a covered product
                                                                                                        IV. Evaluation of Portable ACs as a Covered           maximum energy efficiency that is
                                                                                                              Product Subject to Energy Conservation          technologically feasible and
                                                under the Energy Policy and                                   Standards
                                                Conservation Act (EPCA), as amended.                                                                          economically justified. (42 U.S.C.
                                                                                                           A. Coverage Necessary or Appropriate To            6295(l)(1))
                                                This classification is based on DOE’s                         Carry Out Purposes of EPCA
                                                                                                                                                                 Portable ACs are movable units
                                                determination that portable ACs are a                      B. Average Household Energy Use
                                                                                                        V. Procedural Issues and Regulatory Review            typically designed to provide 8,000–
                                                type of consumer product that meets the
                                                                                                           A. Review Under Executive Order 12866              14,000 British thermal units (Btu) per
                                                requisite criteria specified in EPCA.
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                                                                                                           B. Review Under the Regulatory Flexibility         hour (hr) of cooling capacity 2 for a
                                                Specifically, DOE has determined that
                                                classifying portable ACs as a covered                         Act                                             single room. In contrast to room ACs, a
                                                product is necessary or appropriate to
                                                                                                           C. Review Under the Paperwork Reduction            covered product that provides
                                                                                                              Act of 1995
                                                carry out the purposes of EPCA, and                        D. Review Under the National                         1 For editorial reasons, upon codification in the
                                                that average U.S. household energy use                        Environmental Policy Act of 1969                U.S. Code, Part B was re-designated Part A.
                                                by portable ACs is likely to exceed 100                    E. Review Under Executive Order 13132                2 As rated according to current industry test

                                                kilowatt-hours (kWh) per year.                             F. Review Under Executive Order 12988              methods.



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Document Created: 2016-04-16 01:46:05
Document Modified: 2016-04-16 01:46:05
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; removal.
DatesEffective April 19, 2016.
ContactTrista Etzig, Grants Division Director; Telephone: (202) 720-8356; email: [email protected]
FR Citation81 FR 22513 
RIN Number0581-AC59
CFR AssociatedAgriculture; Reporting and Recordkeeping Requirements and Specialty Crop Block Grants

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