81 FR 9743 - Domestic Dates Produced or Packed in Riverside County, California; Decreased Assessment Rate
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 81, Issue 38 (February 26, 2016)
Agricultural Marketing Service
Federal Register Volume 81, Issue 38 (February 26, 2016)
| Page Range | 9743-9744 | |
| FR Document | 2016-04044 |
[Federal Register Volume 81, Number 38 (Friday, February 26, 2016)] [Rules and Regulations] [Pages 9743-9744] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-04044] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 987 [Docket No. AMS-FV-15-0034; FV15-987-1 FIR] Domestic Dates Produced or Packed in Riverside County, California; Decreased Assessment Rate AGENCY: Agricultural Marketing Service, USDA. ACTION: Affirmation of interim rule as final rule. ----------------------------------------------------------------------- SUMMARY: The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim rule that implemented a recommendation from the California Date Administrative Committee (committee) to decrease the assessment rate established for the 2015-16 and subsequent crop years from $0.20 to $0.10 per hundredweight of dates handled under the marketing order (order). The committee locally administers the marketing order and is comprised of producers and handlers of dates grown or packed in Riverside County, California. The interim rule to decrease the assessment rate was necessary to allow the Committee to reduce its financial reserve while still providing adequate funding to meet program expenses. DATES: Effective February 29, 2016. FOR FURTHER INFORMATION CONTACT: Terry Vawter, Senior Marketing Specialist, or Jeff 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 obtain information on complying with this and other marketing order regulations by viewing a guide at the following Web site: http://www.ams.usda.gov/rules-regulations/moa/small-businesses; or by contacting Antoinette Carter, 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. Under the order, Riverside County, California, date handlers are subject to assessments, which provide funds to administer the order. Assessment rates issued under the order are intended to be applicable to all assessable dates for the entire crop year and continue [[Page 9744]] indefinitely until amended, suspended, or terminated. The Committee's crop year begins on October 1, and ends on September 30. In an interim rule published in the Federal Register on October 28, 2015, and effective on October 29, 2015 (80 FR 65886, Doc. No. AMS-FV- 15-0034, FV15-987-1 IR), Sec. 987.339 was amended by decreasing the assessment rate established for California dates for the 2015-16 and subsequent crop years from $0.20 to $0.10 per hundredweight of dates. The decrease in the per hundredweight assessment rate allows the Committee to reduce its financial reserve while still providing adequate funding to meet program expenses. Final 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 final 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 producers of dates in the production area and 11 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 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 (2014) shows that about 3.54 tons, or 7,080 pounds, of dates were produced per acre. The 2014 producer price published by NASS was $1,190 per ton. Thus, the value of date production per acre in 2014-15 averaged about $4,213 (3.54 tons times $1,190 per ton). At that average price, a producer would have to farm over 178 acres to receive an annual income from dates of $750,000 ($750,000 divided by $4,213 per acre equals 178.02 acres). According to committee staff, the majority of California date producers farm less than 178 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 handlers of California dates have receipts of less than $7,500,000 and may also be considered small entities. This rule continues in effect the action that decreased the assessment rate established for the committee and collected from handlers for the 2015-16 and subsequent crop years from $0.20 to $0.10 per hundredweight of dates. The committee unanimously recommended 2015- 16 expenditures of $59,250 and an assessment rate of $0.10 per hundredweight of dates, which is $0.10 lower than the rate previously in effect. Applying the $0.10 per hundredweight assessment rate to the estimated crop at 29,000,000 pounds (290,000 hundredweight) should provide $29,000 in assessment income. Thus, income derived from handler's assessments, along with other income and funds from the committee's authorized reserve, should be adequate funding to meet program expenses. This rule continues in effect the action that decreased the assessment obligation imposed on handlers. Assessments are applied uniformly on all handlers; however, decreasing the assessment rate reduces the burden on handlers. In addition, the committee's 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 25, 2015, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. 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. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. Comments on the interim rule were required to be received on or before December 28, 2015. No comments were received. Therefore, for reasons given in the interim rule, we are adopting the interim rule as a final rule, without change. To view the interim rule, go to: http://www.regulations.gov/#!documentDetail;D=AMS-FV-15-0034-0001. This action also affirms information contained in the interim rule concerning Executive Orders 12866, 12988, 13175, and 13563; the Paperwork Reduction Act (44 U.S.C. Chapter 35); and the E-Gov Act (44 U.S.C. 101). After consideration of all relevant material presented, it is found that finalizing the interim rule, without change, as published in the Federal Register (80 FR 65886, October 28, 2015) will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 987 Dates, Marketing agreements, Reporting and recordkeeping requirements. PART 987--DATES PRODUCED OR PACKED IN RIVERSIDE COUNTY, CALIFORNIA [AMENDED] 0 Accordingly, the interim rule amending 7 CFR part 987, which was published at 80 FR 65886 on October 28, 2015, is adopted as a final rule, without change. Dated: February 22, 2016. Elanor Starmer, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2016-04044 Filed 2-25-16; 8:45 am] BILLING CODE P
![Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Rules and Regulations 9743
and small, were able to express views for not postponing the effective date of SUMMARY: The Department of
on this issue. this rule until 30 days after publication Agriculture (USDA) is adopting, as a
In accordance with the Paperwork in the Federal Register because: (1) The final rule, without change, an interim
Reduction Act of 1995 (44 U.S.C. 2015–16 production year began on rule that implemented a
Chapter 35), the order’s information September 1, 2015 and the marketing recommendation from the California
collection requirements have been order requires that the rate of Date Administrative Committee
previously approved by the Office of assessment for each production year (committee) to decrease the assessment
Management and Budget (OMB) and apply to all assessable pistachios rate established for the 2015–16 and
assigned OMB No. 0581–0215. No handled during such production year; subsequent crop years from $0.20 to
changes in those requirements as a (2) the Committee needs to have $0.10 per hundredweight of dates
result of this action are necessary. sufficient funds to pay its expenses, handled under the marketing order
Should any changes become necessary, which are incurred on a continuous (order). The committee locally
they would be submitted to OMB for basis; (3) handlers are aware of this rule administers the marketing order and is
approval. which was recommended at a public comprised of producers and handlers of
This rule imposes no additional meeting and is similar to assessment dates grown or packed in Riverside
reporting or recordkeeping requirements rate actions issued in past years. Also, County, California. The interim rule to
on either small or large California, a 15-day comment period was provided decrease the assessment rate was
Arizona, and New Mexico pistachio in the proposed rule, and no comments necessary to allow the Committee to
handlers. As with all Federal marketing were received. reduce its financial reserve while still
order programs, reports and forms are providing adequate funding to meet
periodically reviewed to reduce List of Subjects in 7 CFR Part 983
program expenses.
information requirements and Marketing agreements, Pistachios, DATES: Effective February 29, 2016.
duplication by industry and public Reporting and recordkeeping
sector agencies. As noted in the initial FOR FURTHER INFORMATION CONTACT:
requirements.
regulatory flexibility analysis, USDA Terry Vawter, Senior Marketing
For the reasons set forth in the
has not identified any relevant Federal Specialist, or Jeff Smutny, Regional
preamble, 7 CFR part 983 is amended as
rules that duplicate, overlap, or conflict Director, California Marketing Field
follows:
with this final rule. Office, Marketing Order and Agreement
AMS is committed to complying with PART 983—PISTACHIOS GROWN IN Division, Specialty Crops Program,
the E-Government Act, to promote the CALIFORNIA, ARIZONA, and NEW AMS, USDA; Telephone: (559) 487–
use of the Internet and other MEXICO 5901, Fax: (559) 487–5906, or Email:
information technologies to provide Terry.Vawter@ams.usda.gov or
increased opportunities for citizen ■ 1. The authority citation for 7 CFR Jeffrey.Smutny@ams.usda.gov.
access to Government information and part 983 continues to read as follows: Small businesses may obtain
services, and for other purposes. Authority: 7 U.S.C. 601–674. information on complying with this and
A proposed rule concerning this other marketing order regulations by
■ 2. In § 983.253, paragraph (a) is viewing a guide at the following Web
action was published in the Federal
revised to read as follows: site: http://www.ams.usda.gov/rules-
Register on December 14, 2015. Copies
of the proposed rule were also mailed or § 983.253 Assessment rate. regulations/moa/small-businesses; or by
sent via facsimile to all California, (a) On and after September 1, 2015, an contacting Antoinette Carter, Marketing
Arizona, and New Mexico pistachio assessment rate of $0.0035 per pound is Order and Agreement Division,
handlers. Finally, the proposal was established for California, Arizona, and Specialty Crops Program, AMS, USDA,
made available through the Internet by New Mexico pistachios. 1400 Independence Avenue SW., STOP
USDA and the Office of the Federal 0237, Washington, DC 20250–0237;
* * * * * Telephone: (202) 720–2491, Fax: (202)
Register. A 15-day comment period
ending December 29, 2015, was Dated: February 22, 2016. 720–8938, or Email: Antoinette.Carter@
provided for interested persons to Elanor Starmer, ams.usda.gov.
respond to the proposal. No comments Acting Administrator, Agricultural Marketing SUPPLEMENTARY INFORMATION: This rule
were received. A small business guide Service. is issued under Marketing Agreement
on complying with fruit, vegetable, and [FR Doc. 2016–04049 Filed 2–25–16; 8:45 am] and Order No. 987, both as amended (7
specialty crop marketing agreements BILLING CODE P CFR part 987), regulating the handling
and orders may be viewed at: http:// of dates produced or packed in
www.ams.usda.gov/rules-regulations/ Riverside County, California, hereinafter
moa/small-businesses. Any questions DEPARTMENT OF AGRICULTURE referred to as the ‘‘order.’’ The order is
about the compliance guide should be effective under the Agricultural
sent to Antoinette Carter at the Agricultural Marketing Service Marketing Agreement Act of 1937, as
previously mentioned address in the amended (7 U.S.C. 601–674), hereinafter
7 CFR Part 987 referred to as the ‘‘Act.’’
FOR FURTHER INFORMATION CONTACT
section. [Docket No. AMS–FV–15–0034; FV15–987– The Department of Agriculture
After consideration of all relevant 1 FIR] (USDA) is issuing this rule in
material presented, including the conformance with Executive Orders
information and recommendation Domestic Dates Produced or Packed in 12866, 13563, and 13175.
mstockstill on DSK4VPTVN1PROD with RULES
submitted by the Committee and other Riverside County, California; Under the order, Riverside County,
available information, it is hereby found Decreased Assessment Rate California, date handlers are subject to
that this rule, as hereinafter set forth, AGENCY: Agricultural Marketing Service, assessments, which provide funds to
will tend to effectuate the declared USDA. administer the order. Assessment rates
policy of the Act. issued under the order are intended to
ACTION: Affirmation of interim rule as
Pursuant to 5 U.S.C. 553, it also found be applicable to all assessable dates for
final rule.
and determined that good cause exists the entire crop year and continue
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![9744 Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Rules and Regulations
indefinitely until amended, suspended, entities. In addition, according to data USDA has not identified any relevant
or terminated. The Committee’s crop from the committee staff, the majority of Federal rules that duplicate, overlap, or
year begins on October 1, and ends on handlers of California dates have conflict with this rule.
September 30. receipts of less than $7,500,000 and may Comments on the interim rule were
In an interim rule published in the also be considered small entities. required to be received on or before
Federal Register on October 28, 2015, This rule continues in effect the December 28, 2015. No comments were
and effective on October 29, 2015 (80 FR action that decreased the assessment received. Therefore, for reasons given in
65886, Doc. No. AMS–FV–15–0034, rate established for the committee and the interim rule, we are adopting the
FV15–987–1 IR), § 987.339 was collected from handlers for the 2015–16 interim rule as a final rule, without
amended by decreasing the assessment and subsequent crop years from $0.20 to change.
rate established for California dates for $0.10 per hundredweight of dates. The To view the interim rule, go to:
the 2015–16 and subsequent crop years committee unanimously recommended http://www.regulations.gov/
from $0.20 to $0.10 per hundredweight 2015–16 expenditures of $59,250 and an #!documentDetail;D=AMS-FV-15-0034-
of dates. The decrease in the per assessment rate of $0.10 per 0001.
hundredweight assessment rate allows hundredweight of dates, which is $0.10 This action also affirms information
the Committee to reduce its financial contained in the interim rule concerning
lower than the rate previously in effect.
reserve while still providing adequate Executive Orders 12866, 12988, 13175,
Applying the $0.10 per hundredweight
funding to meet program expenses. and 13563; the Paperwork Reduction
assessment rate to the estimated crop at
Final Regulatory Flexibility Analysis 29,000,000 pounds (290,000 Act (44 U.S.C. Chapter 35); and the E-
hundredweight) should provide $29,000 Gov Act (44 U.S.C. 101).
Pursuant to requirements set forth in After consideration of all relevant
the Regulatory Flexibility Act (RFA) (5 in assessment income. Thus, income
material presented, it is found that
U.S.C. 601–612), the Agricultural derived from handler’s assessments,
finalizing the interim rule, without
Marketing Service (AMS) has along with other income and funds from
change, as published in the Federal
considered the economic impact of this the committee’s authorized reserve,
Register (80 FR 65886, October 28,
rule on small entities. Accordingly, should be adequate funding to meet
2015) will tend to effectuate the
AMS has prepared this final regulatory program expenses.
declared policy of the Act.
flexibility analysis. This rule continues in effect the
The purpose of the RFA is to fit action that decreased the assessment List of Subjects in 7 CFR Part 987
regulatory actions to the scale of obligation imposed on handlers. Dates, Marketing agreements,
businesses subject to such actions in Assessments are applied uniformly on Reporting and recordkeeping
order that small businesses will not be all handlers; however, decreasing the requirements.
unduly or disproportionately burdened. assessment rate reduces the burden on
Marketing orders issued pursuant to the handlers. PART 987—DATES PRODUCED OR
Act, and the rules issued thereunder, are In addition, the committee’s meeting PACKED IN RIVERSIDE COUNTY,
unique in that they are brought about was widely publicized throughout the CALIFORNIA [AMENDED]
through group action of essentially California date industry, and all
small entities acting on their own ■ Accordingly, the interim rule
interested persons were invited to amending 7 CFR part 987, which was
behalf. attend the meetings and encouraged to
There are approximately 70 producers published at 80 FR 65886 on October
participate in committee deliberations 28, 2015, is adopted as a final rule,
of dates in the production area and 11 on all issues. Like all committee
handlers subject to regulation under the without change.
meetings, the June 25, 2015, meeting
marketing order. The Small Business was a public meeting and all entities, Dated: February 22, 2016.
Administration defines small both large and small, were able to Elanor Starmer,
agricultural producers as those having express views on this issue. Acting Administrator, Agricultural Marketing
annual receipts of less than $750,000, Service.
and small agricultural service firms as In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. [FR Doc. 2016–04044 Filed 2–25–16; 8:45 am]
those whose annual receipts are less
than $7,500,000. (13 CFR 121.201) Chapter 35), the order’s information BILLING CODE P
According to the National collection requirements have been
Agricultural Statistics Service (NASS), previously approved by the Office of
Management and Budget (OMB) and DEPARTMENT OF TRANSPORTATION
data for the most-recently completed
crop year (2014) shows that about 3.54 assigned OMB No. 0581–0178, Federal Aviation Administration
tons, or 7,080 pounds, of dates were ‘‘Vegetable and Specialty Crop
produced per acre. The 2014 producer Marketing Orders.’’ No changes in those 14 CFR Part 39
price published by NASS was $1,190 requirements as a result of this action
per ton. Thus, the value of date are necessary. Should any changes [Docket No. FAA–2015–4070; Directorate
become necessary, they would be Identifier 2015–NE–31–AD; Amendment 39–
production per acre in 2014–15 18408; AD 2016–04–14]
averaged about $4,213 (3.54 tons times submitted to OMB for approval.
$1,190 per ton). At that average price, a This action imposes no additional RIN 2120–AA64
producer would have to farm over 178 reporting or recordkeeping requirements
acres to receive an annual income from on either small or large Riverside Airworthiness Directives; Turbomeca
mstockstill on DSK4VPTVN1PROD with RULES
dates of $750,000 ($750,000 divided by County, California, date handlers. As S.A. Turboshaft Engines
$4,213 per acre equals 178.02 acres). with all Federal marketing order AGENCY: Federal Aviation
According to committee staff, the programs, reports and forms are Administration (FAA), DOT.
majority of California date producers periodically reviewed to reduce ACTION: Final rule.
farm less than 178 acres. Thus, it can be information requirements and
concluded that the majority of date duplication by industry and public SUMMARY: We are adopting a new
producers could be considered small sector agencies. airworthiness directive (AD) for certain
VerDate Sep<11>2014 17:33 Feb 25, 2016 Jkt 238001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\26FER1.SGM 26FER1](https://thefederalregister.org/doc/81_FR_9781/page/2.svg)
Document Created: 2018-02-02 14:37:16
Document Modified: 2018-02-02 14:37:16
| 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 | Affirmation of interim rule as final rule. | |
| Dates | Effective February 29, 2016. | |
| Contact | Terry Vawter, Senior Marketing Specialist, or Jeff 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 9743 | |
| CFR Associated | Dates; Marketing Agreements and Reporting and Recordkeeping Requirements |
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