81 FR 64759 - Domestic Dates Produced or Packed in Riverside County, California; Decreased Assessment Rate
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 81, Issue 183 (September 21, 2016)
Agricultural Marketing Service
Federal Register Volume 81, Issue 183 (September 21, 2016)
| Page Range | 64759-64761 | |
| FR Document | 2016-22745 |
[Federal Register Volume 81, Number 183 (Wednesday, September 21, 2016)] [Rules and Regulations] [Pages 64759-64761] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-22745] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== Federal Register / Vol. 81, No. 183 / Wednesday, September 21, 2016 / Rules and Regulations [[Page 64759]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 987 [Docket No. AMS-SC-16-0084; SC16-987-1 IR] Domestic Dates Produced or Packed in Riverside County, California; Decreased Assessment Rate AGENCY: Agricultural Marketing Service, USDA. ACTION: Interim rule with request for comments. ----------------------------------------------------------------------- SUMMARY: This rule implements a recommendation from the California Date Administrative Committee (committee) for a decrease in the assessment rate established for the 2016-17 and subsequent crop years from $0.10 to $0.05 per hundredweight of dates handled. The committee locally administers the marketing order, which regulates the handling of dates produced or packed in Riverside County, California. Assessments upon date handlers are used by the committee to fund reasonable and necessary expenses of the program. The crop year begins October 1 and ends September 30. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. DATES: Effective September 22, 2016. Comments received by November 21, 2016, will be considered prior to issuance of a final rule. 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, Specialty Crops 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 docket 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 rule 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 comments will be made public on the internet at the address provided above. FOR FURTHER INFORMATION CONTACT: Terry Vawter, Senior Marketing Specialist, or Jeffrey Smutny, Regional Director, California Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (559) 487-5901, Fax: (559) 487-5906, or Email: [email protected] or [email protected]. Small businesses may request information on complying with this regulation by contacting Richard Lower, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: [email protected]. SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Agreement and Order No. 987, both as amended (7 CFR part 987), regulating the handling of dates produced or packed in Riverside County, California, hereinafter referred to as the ``order.'' The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.'' The Department of Agriculture (USDA) is issuing this rule in conformance with Executive Orders 12866, 13563, and 13175. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the marketing order now in effect, Riverside County, California, date handlers are subject to assessments. Funds to administer the order are derived from such assessments. It is intended that the assessment rate as issued herein will be applicable to all assessable dates beginning October 1, 2016, and continue until amended, suspended, or terminated. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. Such handler is afforded the opportunity for a hearing on the petition. After the hearing, USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This rule decreases the assessment rate for the 2016-17 and subsequent crop years from $0.10 to $0.05 per hundredweight of dates. The California date order provides authority for the committee, with the approval of USDA, to formulate an annual budget of expenses and collect assessments from handlers to administer the program. The members of the committee are date producers and handlers from Riverside County, California. They are familiar with the committee's needs and the costs of goods and services in their local area and are thus in a position to formulate an appropriate budget and assessment rate. The assessment rate is formulated and discussed in a public meeting. Thus, all directly affected persons have an opportunity to participate and provide input. For the 2015-16 crop year, the committee recommended, and USDA approved, an assessment rate that would continue in effect from crop year to crop year unless modified, suspended, or terminated by USDA upon recommendation and information supplied by the committee or other information available to USDA. The committee met on June 22, 2016, and unanimously recommended 2016-17 expenditures of $52,500, and an assessment rate of $0.05 per hundredweight of dates produced or packed in Riverside County, California. In comparison, last year's budgeted expenditures were $59,250. The assessment rate of $0.05 is $0.05 lower than the rate currently in effect. [[Page 64760]] The major expenditure recommended by the committee for the 2016-17 crop year is $52,500 for general and administrative expenses. In comparison, the major expenditure recommended by the committee for the 2015-16 crop year was $59,250 for general and administrative expenses. This year's crop is estimated to be similar in size to last year's crop. The income generated when applying the recommended lower assessment rate to the estimated crop, and combined with carry-in funds from the 2015-16 crop year and income from other sources, should be sufficient to cover anticipated 2016-17 expenses. The financial reserve will also be maintained within the limit specified under the order. The assessment rate of $0.05 per hundredweight of dates handled was recommended by the committee after considering several factors: The anticipated size of the 2016-17 crop, the committee's estimates of the incoming reserve, other income, and anticipated expenses. Date shipments for the year are estimated at 29,000,000 pounds (290,000 hundredweight) which should provide $14,500 in assessment income. Income derived from handler assessments, funds from the committee's authorized reserve, along with other income should be adequate to cover budgeted expenses for the crop year. Section 987.72(d) of the order states that the committee may maintain a monetary reserve not to exceed the average of one year's expenses incurred during the most recent five preceding crop years, except that an established reserve need not be reduced to conform to any recomputed average. The committee expects to utilize $33,000 of the reserve during the year to cover expenses, leaving approximately $39,500 in the reserve account at the end of the crop year. The remaining reserve will be below the limit specified in the order. The assessment rate established in this rule will continue in effect indefinitely unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the committee or other available information. Although this assessment rate is effective for an indefinite period, the committee will continue to meet prior to or during each crop year to recommend a budget of expenses and consider recommendations for modification of the assessment rate. The dates and times of committee meetings are available from the committee or USDA. Committee meetings are open to the public and interested persons may express their views at these meetings. USDA will evaluate committee recommendations and other available information to determine whether modification of the assessment rate is needed. Further rulemaking will be undertaken as necessary. The committee's 2016-17 budget and those for subsequent crop years will be reviewed and, as appropriate, approved by USDA. Initial Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS) has considered the economic impact of this rule on small entities. Accordingly, AMS has prepared this 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 the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. There are approximately 70 date producers in the production area and 11 date handlers subject to regulation under the order. The Small Business Administration defines small agricultural producers as those having annual receipts of less than $750,000, and small agricultural service firms as those whose annual receipts are less than $7,500,000. (13 CFR 121.201) According to the National Agricultural Statistics Service (NASS), data for the most-recently completed crop year (2015) shows that about 4.36 tons, or 8,720 pounds, of dates were produced per acre. The 2015 producer price published by NASS was $1,560 per ton. Thus, the value of date production per acre in 2014-15 averaged about $6,802 (4.36 tons times $1,560 per ton, rounded to the nearest dollar). At that average price, a producer would have to farm over 110 acres to receive an annual income from dates of $750,000 ($750,000 divided by $6,802 per acre equals 110.26 acres). According to committee staff, the majority of California date producers farm less than 110 acres. Thus, it can be concluded that the majority of date producers could be considered small entities. In addition, according to data from the committee staff, the majority of California date handlers have receipts of less than $7,500,000 and may also be considered small entities. This rule decreases the assessment rate collected from handlers for the 2016-17 and subsequent crop years from $0.10 to $0.05 per hundredweight of dates handled. The committee unanimously recommended 2016-17 expenditures of $52,500 and an assessment rate of $0.05 per hundredweight of dates, which is $0.05 lower than the 2015-16 rate currently in effect. The quantity of assessable dates for the 2016-17 crop year is estimated at 29,000,000 pounds (290,000 hundredweight). Thus, the $0.05 rate should provide $14,500 in assessment income. Income derived from handler's assessments, funds from the committee's authorized reserve, and other income should be adequate to cover expenses for the 2016-17 crop year. The major expenditure recommended by the committee for the 2016-17 crop year is $52,500 for general and administrative expenses. The major expenditure recommended by the committee for the 2015-16 crop year was $59,250 for general and administrative expenses. The committee recommended a lower assessment rate because they will fund only general and administrative expenses and use funds from the reserve to augment their assessments. The income generated from the lower assessment rate applied to the estimated crop, combined with carry-in funds from the 2015-16 crop year and income from other sources, should be sufficient to cover anticipated 2016-17 expenses and to maintain a financial reserve within the limit specified under the order. Section 987.72(d) of the order states that the committee may maintain a monetary reserve not to exceed the average of one year's expenses incurred during the most recent five preceding crop years, except that an established reserve need not be reduced to conform to any recomputed average. The committee estimated a $72,500 reserve carry-in for the 2016-17 crop year. It expects to utilize $33,000 of the reserve during the year, leaving a carry-out of approximately $39,500 at the end of the 2016-17 crop year, which is below the limit specified in the order. The committee reviewed and unanimously recommended 2016-17 crop year expenditures of $52,500. Prior to arriving at this budget, the Committee considered alternative expenditure levels and assessment rates, including not changing the assessment rate at all or varying the line item expenses. Ultimately, the committee recommended an assessment rate of $0.05 per hundredweight of dates after [[Page 64761]] considering several factors including the anticipated 2016-17 crop size, the committee's estimates of the incoming reserve funds and other income, and its anticipated expenses. A review of historical and preliminary information pertaining to the upcoming crop year indicates that the producer price for the 2015- 16 crop year was approximately $78.00 per hundredweight of dates. Utilizing that price, the estimated crop size, and the assessment rate of $0.05 per hundredweight, the estimated assessment revenue for the 2016-17 crop year as a percentage of total producer revenue is approximately .00064 percent. This action decreases the assessment obligation imposed on handlers. Assessments are applied uniformly on all handlers, and decreasing the assessment rate reduces the burden on handlers, and may reduce the burden on producers. In addition, the committee meeting was widely publicized throughout the California date industry, and all interested persons were invited to attend the meetings and encouraged to participate in committee deliberations on all issues. Like all committee meetings, the June 22, 2016, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. Industry members also discussed the various possible assessment rates, potential crop size, and estimated expenses at this meeting. Finally, interested persons are invited to submit comments on this interim rule, including the regulatory and informational impacts of this action on small businesses. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the order's information collection requirements have been previously approved by the Office of Management and Budget (OMB) and assigned OMB No. 0581-0178, ``Vegetable and Specialty Crop Marketing Orders.'' 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 action imposes no additional reporting or recordkeeping requirements on either small or large Riverside County, California date 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. 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 rule. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: https://www.ams.usda.gov/rules-regulations/moa/small-businesses. Any questions about the compliance guide should be sent to Richard Lower at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. After consideration of all relevant material presented, including the information and recommendation submitted by the Committee and other available information, it is hereby found that this rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act. Pursuant to 5 U.S.C. 553, it is also found and determined upon good cause that it is impracticable, unnecessary, and contrary to the public interest to give preliminary notice prior to putting this rule into effect, and that good cause exists for not postponing the effective date of this rule until 30 days after publication in the Federal Register because: (1) The 2016-17 crop year begins on October 1, 2016, and the marketing order requires that the rate of assessment for each crop year apply to all assessable dates handled during such crop year; (2) the action decreases the assessment rate for assessable dates beginning with the 2016-17 crop year; (3) handlers are aware of this action which was unanimously recommended by the committee at a public meeting and is similar to other assessment rate actions issued in past years; and (4) this interim rule provides a 60-day comment period, and all comments timely received will be considered prior to finalization of this rule. List of Subjects in 7 CFR Part 987 Dates, Marketing agreements, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 987 is amended as follows: PART 987--DOMESTIC DATES PRODUCED OR PACKED IN RIVERSIDE COUNTY, CALIFORNIA 0 1. The authority citation for 7 CFR part 987 continues to read as follows: Authority: 7 U.S.C. 601-674. 0 2. Section 987.339 is revised to read as follows: Sec. 987.339 Assessment rate. On and after October 1, 2016, an assessment rate of $0.05 per hundredweight is established for dates produced or packed in Riverside County, California. Dated: September 16, 2016. Elanor Starmer, Administrator, Agricultural Marketing Service. [FR Doc. 2016-22745 Filed 9-20-16; 8:45 am] BILLING CODE 3410-02-P
![64759
Rules and Regulations Federal Register
Vol. 81, No. 183
Wednesday, September 21, 2016
This section of the FEDERAL REGISTER date and page number of this issue of parties may file suit in court. Under
contains regulatory documents having general the Federal Register and will be section 608c(15)(A) of the Act, any
applicability and legal effect, most of which available for public inspection in the handler subject to an order may file
are keyed to and codified in the Code of Office of the Docket Clerk during regular with USDA a petition stating that the
Federal Regulations, which is published under business hours, or can be viewed at: order, any provision of the order, or any
50 titles pursuant to 44 U.S.C. 1510.
http://www.regulations.gov. All obligation imposed in connection with
The Code of Federal Regulations is sold by comments submitted in response to this the order is not in accordance with law
the Superintendent of Documents. Prices of rule will be included in the record and and request a modification of the order
new books are listed in the first FEDERAL will be made available to the public. or to be exempted therefrom. Such
REGISTER issue of each week. Please be advised that the identity of the handler is afforded the opportunity for
individuals or entities submitting a hearing on the petition. After the
comments will be made public on the hearing, USDA would rule on the
DEPARTMENT OF AGRICULTURE internet at the address provided above. petition. The Act provides that the
FOR FURTHER INFORMATION CONTACT: district court of the United States in any
Agricultural Marketing Service district in which the handler is an
Terry Vawter, Senior Marketing
Specialist, or Jeffrey Smutny, Regional inhabitant, or has his or her principal
7 CFR Part 987 place of business, has jurisdiction to
Director, California Marketing Field
[Docket No. AMS–SC–16–0084; SC16–987– Office, Marketing Order and Agreement review USDA’s ruling on the petition,
1 IR] Division, Specialty Crops Program, provided an action is filed not later than
AMS, USDA; Telephone: (559) 487– 20 days after the date of the entry of the
Domestic Dates Produced or Packed in ruling.
5901, Fax: (559) 487–5906, or Email:
Riverside County, California; This rule decreases the assessment
Terry.Vawter@ams.usda.gov or
Decreased Assessment Rate rate for the 2016–17 and subsequent
Jeffrey.Smutny@ams.usda.gov.
AGENCY: Agricultural Marketing Service, Small businesses may request crop years from $0.10 to $0.05 per
USDA. information on complying with this hundredweight of dates.
ACTION: Interim rule with request for regulation by contacting Richard Lower, The California date order provides
comments. Marketing Order and Agreement authority for the committee, with the
Division, Specialty Crops Program, approval of USDA, to formulate an
SUMMARY: This rule implements a AMS, USDA, 1400 Independence annual budget of expenses and collect
recommendation from the California Avenue SW., STOP 0237, Washington, assessments from handlers to administer
Date Administrative Committee DC 20250–0237; Telephone: (202) 720– the program. The members of the
(committee) for a decrease in the 2491, Fax: (202) 720–8938, or Email: committee are date producers and
assessment rate established for the Richard.Lower@ams.usda.gov. handlers from Riverside County,
2016–17 and subsequent crop years SUPPLEMENTARY INFORMATION: This rule California. They are familiar with the
from $0.10 to $0.05 per hundredweight is issued under Marketing Agreement committee’s needs and the costs of
of dates handled. The committee locally and Order No. 987, both as amended (7 goods and services in their local area
administers the marketing order, which CFR part 987), regulating the handling and are thus in a position to formulate
regulates the handling of dates of dates produced or packed in an appropriate budget and assessment
produced or packed in Riverside Riverside County, California, hereinafter rate. The assessment rate is formulated
County, California. Assessments upon referred to as the ‘‘order.’’ The order is and discussed in a public meeting.
date handlers are used by the committee effective under the Agricultural Thus, all directly affected persons have
to fund reasonable and necessary Marketing Agreement Act of 1937, as an opportunity to participate and
expenses of the program. The crop year amended (7 U.S.C. 601–674), hereinafter provide input.
begins October 1 and ends September referred to as the ‘‘Act.’’ For the 2015–16 crop year, the
30. The assessment rate will remain in The Department of Agriculture committee recommended, and USDA
effect indefinitely unless modified, (USDA) is issuing this rule in approved, an assessment rate that would
suspended, or terminated. conformance with Executive Orders continue in effect from crop year to crop
DATES: Effective September 22, 2016. 12866, 13563, and 13175. year unless modified, suspended, or
Comments received by November 21, This rule has been reviewed under terminated by USDA upon
2016, will be considered prior to Executive Order 12988, Civil Justice recommendation and information
issuance of a final rule. Reform. Under the marketing order now supplied by the committee or other
ADDRESSES: Interested persons are in effect, Riverside County, California, information available to USDA.
invited to submit written comments date handlers are subject to assessments. The committee met on June 22, 2016,
concerning this rule. Comments must be Funds to administer the order are and unanimously recommended 2016–
sent to the Docket Clerk, Marketing derived from such assessments. It is 17 expenditures of $52,500, and an
Order and Agreement Division, intended that the assessment rate as assessment rate of $0.05 per
Lhorne on DSK30JT082PROD with RULES
Specialty Crops Program, AMS, USDA, issued herein will be applicable to all hundredweight of dates produced or
1400 Independence Avenue SW., STOP assessable dates beginning October 1, packed in Riverside County, California.
0237, Washington, DC 20250–0237; Fax: 2016, and continue until amended, In comparison, last year’s budgeted
(202) 720–8938; or Internet: http:// suspended, or terminated. expenditures were $59,250. The
www.regulations.gov. Comments should The Act provides that administrative assessment rate of $0.05 is $0.05 lower
reference the docket number and the proceedings must be exhausted before than the rate currently in effect.
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![Federal Register / Vol. 81, No. 183 / Wednesday, September 21, 2016 / Rules and Regulations 64761
considering several factors including the information technologies to provide § 987.339 Assessment rate.
anticipated 2016–17 crop size, the increased opportunities for citizen On and after October 1, 2016, an
committee’s estimates of the incoming access to Government information and assessment rate of $0.05 per
reserve funds and other income, and its services, and for other purposes. hundredweight is established for dates
anticipated expenses. USDA has not identified any relevant produced or packed in Riverside
A review of historical and preliminary Federal rules that duplicate, overlap, or County, California.
information pertaining to the upcoming conflict with this rule. Dated: September 16, 2016.
crop year indicates that the producer A small business guide on complying
with fruit, vegetable, and specialty crop Elanor Starmer,
price for the 2015–16 crop year was
approximately $78.00 per marketing agreements and orders may Administrator, Agricultural Marketing
be viewed at: https:// Service.
hundredweight of dates. Utilizing that
price, the estimated crop size, and the www.ams.usda.gov/rules-regulations/ [FR Doc. 2016–22745 Filed 9–20–16; 8:45 am]
assessment rate of $0.05 per moa/small-businesses. Any questions BILLING CODE 3410–02–P
hundredweight, the estimated about the compliance guide should be
assessment revenue for the 2016–17 sent to Richard Lower at the previously
crop year as a percentage of total mentioned address in the FOR FURTHER DEPARTMENT OF HEALTH AND
producer revenue is approximately INFORMATION CONTACT section. HUMAN SERVICES
.00064 percent. After consideration of all relevant
This action decreases the assessment material presented, including the Food and Drug Administration
obligation imposed on handlers. information and recommendation
Assessments are applied uniformly on submitted by the Committee and other 21 CFR Part 878
all handlers, and decreasing the available information, it is hereby found [Docket No. FDA–2016–N–2562]
assessment rate reduces the burden on that this rule, as hereinafter set forth,
handlers, and may reduce the burden on will tend to effectuate the declared Medical Devices; General and Plastic
producers. In addition, the committee policy of the Act. Surgery Devices; Classification of the
meeting was widely publicized Pursuant to 5 U.S.C. 553, it is also Magnetic Surgical Instrument System
throughout the California date industry, found and determined upon good cause
and all interested persons were invited that it is impracticable, unnecessary, AGENCY: Food and Drug Administration,
to attend the meetings and encouraged and contrary to the public interest to HHS.
to participate in committee give preliminary notice prior to putting ACTION: Final order.
deliberations on all issues. Like all this rule into effect, and that good cause
exists for not postponing the effective SUMMARY: The Food and Drug
committee meetings, the June 22, 2016,
date of this rule until 30 days after Administration (FDA) is classifying the
meeting was a public meeting and all
publication in the Federal Register Magnetic Surgical Instrument System
entities, both large and small, were able
because: (1) The 2016–17 crop year into class II (special controls). The
to express views on this issue. Industry
begins on October 1, 2016, and the special controls that will apply to the
members also discussed the various
marketing order requires that the rate of device are identified in this order and
possible assessment rates, potential crop
assessment for each crop year apply to will be part of the codified language for
size, and estimated expenses at this
all assessable dates handled during such the magnetic surgical instrument
meeting. Finally, interested persons are
crop year; (2) the action decreases the system’s classification. The Agency is
invited to submit comments on this
interim rule, including the regulatory assessment rate for assessable dates classifying the device into class II
and informational impacts of this action beginning with the 2016–17 crop year; (special controls) in order to provide a
on small businesses. (3) handlers are aware of this action reasonable assurance of safety and
In accordance with the Paperwork which was unanimously recommended effectiveness of the device.
Reduction Act of 1995 (44 U.S.C. by the committee at a public meeting DATES: This order is effective September
Chapter 35), the order’s information and is similar to other assessment rate 21, 2016. The classification was
collection requirements have been actions issued in past years; and (4) this applicable on June 13, 2016.
previously approved by the Office of interim rule provides a 60-day comment FOR FURTHER INFORMATION CONTACT:
Management and Budget (OMB) and period, and all comments timely Varun Pattani, Center for Devices and
assigned OMB No. 0581–0178, received will be considered prior to Radiological Health, Food and Drug
‘‘Vegetable and Specialty Crop finalization of this rule. Administration, 10903 New Hampshire
Marketing Orders.’’ No changes in those List of Subjects in 7 CFR Part 987 Ave., Bldg. 66, Rm. G452, Silver Spring,
requirements as a result of this action MD, 20993–0002, 301–796–6368,
are necessary. Should any changes Dates, Marketing agreements, varun.pattani@fda.hhs.gov.
become necessary, they would be Reporting and recordkeeping SUPPLEMENTARY INFORMATION:
submitted to OMB for approval. requirements.
This action imposes no additional For the reasons set forth in the I. Background
reporting or recordkeeping requirements preamble, 7 CFR part 987 is amended as In accordance with section 513(f)(1) of
on either small or large Riverside follows: the Federal Food, Drug, and Cosmetic
County, California date handlers. As Act (the FD&C Act) (21 U.S.C.
with all Federal marketing order PART 987—DOMESTIC DATES 360c(f)(1)), devices that were not in
programs, reports and forms are PRODUCED OR PACKED IN commercial distribution before May 28,
periodically reviewed to reduce RIVERSIDE COUNTY, CALIFORNIA 1976 (the date of enactment of the
Lhorne on DSK30JT082PROD with RULES
information requirements and ■ 1. The authority citation for 7 CFR Medical Device Amendments of 1976),
duplication by industry and public part 987 continues to read as follows: generally referred to as postamendments
sector agencies. devices, are classified automatically by
AMS is committed to complying with Authority: 7 U.S.C. 601–674. statute into class III without any FDA
the E-Government Act, to promote the ■ 2. Section 987.339 is revised to read rulemaking process. These devices
use of the internet and other as follows: remain in class III and require
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Document Created: 2016-09-21 01:31:25
Document Modified: 2016-09-21 01:31:25
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Interim rule with request for comments. | |
| Dates | Effective September 22, 2016. Comments received by November 21, 2016, will be considered prior to issuance of a final rule. | |
| Contact | Terry Vawter, Senior Marketing Specialist, or Jeffrey Smutny, Regional Director, California Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (559) 487-5901, Fax: (559) 487-5906, or Email: [email protected] or [email protected] | |
| FR Citation | 81 FR 64759 | |
| CFR Associated | Dates; Marketing Agreements and Reporting and Recordkeeping Requirements |
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