Domestic Dates Produced or Packed in Riverside County, California; Decreased Assessment Rate
| Published date | 12 April 2024 |
| Record Number | 2024-07768 |
| Citation | 89 FR 25778 |
| Court | Agricultural Marketing Service |
| Section | Rules and Regulations |
25778
Federal Register / Vol. 89, No. 72 / Friday, April 12, 2024 / Rules and Regulations
AMS has not identified any relevant
Federal rules that duplicate, overlap, or
conflict with this final rule.
A proposed rule concerning this
action was published in the Federal
Register on December 1, 2023 (88 FR
83870). Copies of the proposed rule
were provided to all processed pear
handlers. The proposal was also made
available through the internet by USDA
and the Office of the Federal Register. A
30-day comment period ending January
2, 2024, was provided for interested
persons to respond to the proposal. One
comment was received during the
comment period. The comment was
seeking clarity on pear varieties and
weight specifications, which was not
relevant to the subject matter of the
proposed rule. Accordingly, AMS made
no changes to the 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 recommendations
submitted by the Committee and other
available information, USDA has
determined that this final rule is
consistent with and will effectuate the
purposes of the Act.
List of Subjects in 7 CFR Part 927
Marketing agreements, Pears,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, the Agricultural Marketing
Service amends 7 CFR part 927 as
follows:
PART 927—PEARS GROWN IN
OREGON AND WASHINGTON
■1. The authority citation for 7 CFR
part 927 continues to read as follows:
Authority: 7 U.S.C. 601–674.
■2. Amend § 927.237 by revising the
introductory text and paragraph (a) to
read as follows:
§ 927.237 Processed pear assessment
rate.
On and after July 1, 2023, the
following base rates of assessment for
pears for processing are established for
the Processed Pear Committee:
(a) $7.50 per ton for any or all
varieties or subvarieties of pears for
canning classified as ‘‘summer/fall’’
excluding pears for other methods of
processing;
* * * * *
Erin Morris,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2024–07809 Filed 4–11–24; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 987
[Doc. No. AMS–SC–23–0058]
Domestic Dates Produced or Packed in
Riverside County, California;
Decreased Assessment Rate
AGENCY
: Agricultural Marketing Service,
Department of Agriculture (USDA).
ACTION
: Final rule.
SUMMARY
: This final rule implements a
recommendation from the California
Date Administrative Committee
(Committee) to decrease the assessment
rate established for the 2023–2024 and
subsequent crop years. The assessment
rate will remain in effect indefinitely
unless modified, suspended, or
terminated.
DATES
: Effective May 13, 2024.
FOR FURTHER INFORMATION CONTACT
:
Bianca Bertrand, Marketing Specialist,
or Barry Broadbent, Acting Chief, West
Region Branch, Market Development
Division, Specialty Crops Program,
AMS, USDA; Telephone: (503) 326–
2724, or Email: BiancaM.Bertrand@
usda.gov or Barry.Broadbent@usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Richard Lower,
Market Development Division, Specialty
Crops Program, AMS, USDA, 1400
Independence Avenue SW, STOP 0237,
Washington, DC 202500237; Telephone:
(202) 720–8085, or Email:
Richard.Lower@usda.gov.
SUPPLEMENTARY INFORMATION
: This
action, pursuant to 5 U.S.C. 553,
amends regulations issued to carry out
a marketing order as defined in 7 CFR
900.2(j). This final rule is issued under
Marketing Order No. 987, as amended (7
CFR part 987), regulating the handling
of domestic dates produced or packed in
Riverside County, California. Part 987
referred to as 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 Committee locally
administers the Order and is comprised
of producers and producer-handlers
operating within the area of production.
The Agricultural Marketing Service
(AMS) is issuing this final rule in
conformance with Executive Orders
12866, 13563, and 14094. Executive
Orders 12866 and 13563 direct agencies
to assess all costs and benefits of
available regulatory alternatives and, if
regulation is necessary, to select
regulatory approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety effects, distributive impacts,
and equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
promoting flexibility. Executive Order
14094 reaffirms, supplements, and
updates Executive Order 12866 and
further directs agencies to solicit and
consider input from a wide range of
affected and interested parties through a
variety of means. This action falls
within a category of regulatory actions
that the Office of Management and
Budget (OMB) exempted from Executive
Orders 12866 review.
This final rule has been reviewed
under Executive Order 13175,
Consultation and Coordination with
Indian Tribal Governments, which
requires agencies to consider whether
their rulemaking actions will have
Tribal implications. AMS has
determined that this final rule is
unlikely to have substantial direct
effects on one or more Indian Tribes, on
the relationship between the Federal
Government and Indian Tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian Tribes.
This final rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. Under the Order now in
effect, California date handlers are
subject to assessments. Funds to
administer the Order are derived from
such assessments. It is intended that the
assessment rate will be applicable to all
assessable dates beginning October 1,
2023, 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
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Federal Register / Vol. 89, No. 72 / Friday, April 12, 2024 / Rules and Regulations
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 final rule decreases the
assessment rate for dates handled under
the Order from $0.20 per
hundredweight, the rate that was
established for the 2020–2021 and
subsequent crop years, to $0.15 per
hundredweight for the 2023–2024 and
subsequent crop years.
The Order authorizes the Committee,
with the approval of AMS, to formulate
an annual budget of expenses and
collect assessments from handlers to
administer the program. The members
of the Committee are familiar with the
Committee’s needs and with the costs of
goods and services in their local area.
Therefore, they can formulate an
appropriate budget and assessment rate.
The assessment rate is formulated and
discussed in a public meeting, and all
directly affected persons have an
opportunity to participate and provide
input.
For the 2020–2021 and subsequent
crop years, the Committee
recommended, and AMS approved, an
assessment rate of $0.20 per
hundredweight of dates. That rate
continues in effect from crop year to
crop year until modified, suspended, or
terminated by AMS upon
recommendation and information
submitted by the Committee or other
information available to AMS.
The Committee met on June 27, 2023,
and recommended 2023–2024 crop year
expenditures of $75,800 and an
assessment rate of $0.15 per
hundredweight of dates handled for the
2023–2024 and subsequent crop years.
In comparison, last year’s budgeted
expenditures were $77,250. The $0.15
per hundredweight assessment rate is
$0.05 lower than the rate in effect prior
to this action. The Committee
recommended decreasing the
assessment rate to better align
assessment revenue with budgeted
expenses and to keep the Committee’s
financial reserve within the amount
allowed under the Order. The
Committee projects that handlers will
handle 426,000 hundredweight of
California dates for the 2023–2024 crop
year, which is the same quantity that
was projected for the 2022–2023 crop
year. The lower rate will provide
sufficient funds to cover most of the
2023–2024 crop year anticipated
expenses, with the balance coming from
other income and the Committee’s
financial reserve. Assessments on
California dates handled are expected to
generate approximately $63,900 in
income at the $0.15 per hundredweight
assessment rate.
The Committee’s budgeted
expenditures for the 2023–2024 crop
year total $75,800. The Committee’s
expenses include $48,000 for
management services, $16,800 for office
administration, and $11,000 for the
financial audit. In comparison, the
previous crop year’s total budget was
$77,250, with $48,000 for management
services, $19,750 for office
administration, and $9,500 for the
financial audit.
The assessment rate recommended by
the Committee was derived by
considering anticipated expenses, the
expected volume of dates handled, and
the amount of funds available in the
operating reserve. Income derived from
handler assessments of $63,900 (426,000
hundredweight assessed at the $0.15 per
hundredweight assessment rate) should
be adequate to cover most of the
Committee’s budgeted expenses of
$75,800, with the balance covered from
$5,100 in surplus allocation income and
$6,800 from reserve funds. After
expending $6,800 from the reserve on
budgeted expenses, the ending 2023–
2024 crop year balance in the financial
reserve fund is expected to be $49,400,
which would be less than the average of
the annual expenses of the preceding
five years, as mandated by the Order in
§ 987.72(d).
Although this assessment rate will be
in effect 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
AMS. Committee meetings are open to
the public and interested persons may
express their views at these meetings.
AMS will evaluate Committee
recommendations and other available
information to determine whether
modification of the assessment rate is
needed. Further rulemaking would be
undertaken as necessary. The
Committee’s 2023–2024 crop year
budget, and those for subsequent crop
years, will be reviewed and, as
appropriate, approved by AMS.
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in
the Regulatory Flexibility Act (RFA) (5
U.S.C. 601–612), AMS has considered
the economic impact of this final 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
Order. Small agricultural producers of
dates are defined by the Small Business
Administration (SBA) as those having
annual receipts of less than $3,500,000
(NAICS code 111339, Other Noncitrus
Fruit Farming), and small agricultural
service firms are defined as those whose
annual receipts are less than
$34,000,000 (NAICS code 115114,
Postharvest Crop Activities) (13 CFR
121.201).
According to the National
Agricultural Statistics Service (NASS),
data for the most-recently completed
crop year (2022) shows that California
date farmers produced 49,200 tons of
dates and that the producer price for
fresh market California dates was $2,840
per ton. With the estimated 49,200-ton
crop, the total farm gate value for
California date producers was
approximately $139,728,000 (49,200
multiplied by $2,840). Therefore, the
average fresh market date revenue for
the 70 producers within the production
area would be about $1,996,114
($139,728,000 divided by 70). Thus, it
can be concluded that the many of the
date producers within the production
area could be considered small entities.
Furthermore, USDA Market News
reported an average terminal market
price of $53.90 per 11-pound carton for
the 2021–2022 crop year. With
approximately 98,400,000 pounds
handled, the industry would have
shipped an estimated 8,945,454 11-
pound cartons (98,400,000 divided by
11) of packaged dates for a total value
of $482,159,971 (8,945,454 multiplied
by $53.90). With 11 date handlers
within the production area, the average
revenue per handler is estimated to be
$43,832,724 for the 2021–2022 crop year
($482,159,971 divided by 11). Thus,
most California date handlers could be
considered large entities.
This final rule decreases the rate of
assessment for the 2023–2024 and
subsequent crop years from $0.20 to
$0.15 per hundredweight of assessable
dates. The Committee unanimously
recommended 2023–2024 crop year
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Federal Register / Vol. 89, No. 72 / Friday, April 12, 2024 / Rules and Regulations
expenditures of $75,800 and a $0.15 per
hundredweight assessment rate. The
Committee expects the industry to
handle 426,000 hundredweight of
assessable dates during the 2023–2024
crop year. Thus, at the $0.15 per
hundredweight rate, the Committee
anticipates $63,900 in assessment
income (426,000 multiplied by $0.15).
The Committee also expects to utilize
surplus allocation ($5,100) and the
Committee’s monetary reserve ($6,800)
to cover the remaining $11,900 of
expenses. Income derived from all
sources are expected to be adequate to
meet budgeted expenditures for the
2023–2024 crop year. The Committee’s
reserve balance (approximately $49,400
at the end of the 2023–2024 crop year)
will be maintained at a level that the
Committee believes is appropriate and
is compliant with the provisions of the
Order.
The Committee’s budgeted
expenditures for the 2023–2024 crop
year total $75,800. The Committee’s
expenses include $48,000 for
management services, $16,800 for office
administration, and $11,000 for the
financial audit. In comparison, the
previous crop year’s total budget was
$77,250, with $48,000 for management
services, $19,750 for office
administration, and $9,500 for the
financial audit.
Prior to arriving at the budget and
assessment rate, the Committee
discussed various alternatives.
However, the Committee determined
that the assessment rate established
herein will be able to reduce the
financial burden on the industry
without drawing down reserves to an
unsustainable rate. The assessment rate
of $0.15 per hundredweight of
assessable dates was derived by
considering anticipated expenses, the
projected volume of dates handled, the
projected monetary balance held in
reserve, and additional pertinent factors.
A review of NASS information
indicates that the average producer
price for the 2022 crop year was $2,840
per ton ($142.00 per hundredweight).
Utilizing the recommended assessment
rate of $0.15 per hundredweight, the
estimated assessment revenue as a
percentage of total producer revenue
will be approximately 0.106 percent
($0.15 divided by $142.00 and
multiplied by 100).
This final rule decreases the
assessment obligation imposed on
handlers. Assessments are applied
uniformly on all handlers, and some of
the costs may be passed on to
producers. However, these costs are
expected to be offset by the benefits
derived by the operation of the Order.
The Committee’s meetings are widely
publicized throughout the production
area. The California date industry and
all other interested persons are invited
to attend the meetings and participate in
Committee deliberations on all issues.
Like all Committee meetings, the June
27, 2023, meeting was a public meeting
and all entities, both large and small,
were able to express views on this issue.
Finally, interested persons were invited
to submit comments on this rule,
including the regulatory and
information collection 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 OMB and
assigned OMB No. 0581–0178,
Vegetable and Specialty Crops. No
changes in those requirements will be
necessary as a result of this action.
Should any changes become necessary,
they will be submitted to OMB for
approval.
This final rule will not impose any
additional reporting or recordkeeping
requirements on either small or large
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.
AMS has not identified any relevant
Federal rules that duplicate, overlap, or
conflict with this final rule.
A proposed rule concerning this
action was published in the Federal
Register on December 27, 2023 (88 FR
89327). Copies of the proposed rule
were provided to all California date
handlers. The proposal was also made
available through the internet by USDA
and the Office of the Federal Register. A
30-day comment period ending January
26, 2024, was provided for interested
persons to respond to the proposal. No
comments were received. Accordingly,
no changes have been made to the rule
as proposed.
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 recommendations
submitted by the Committee and other
available information, USDA has
determined that this final rule is
consistent with and will effectuate the
purposes of the Act.
List of Subjects in 7 CFR Part 987
Dates, Marketing agreements,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, the Agricultural Marketing
Service amends 7 CFR part 987 as
follows:
PART 987—DOMESTIC DATES
PRODUCED OR PACKED IN
RIVERSIDE COUNTY, CALIFORNIA
■1. The authority citation for 7 CFR
part 987 continues to read as follows:
Authority: 7 U.S.C. 601–674.
■2. Revise § 987.339 to read as follows:
§ 987.339 Assessment rate.
On and after October 1, 2023, an
assessment rate of $0.15 per
hundredweight is established for dates
produced or packed in Riverside
County, California.
Erin Morris,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2024–07768 Filed 4–11–24; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE–2020–BT–TP–0041]
RIN 1904–AE15
Energy Conservation Program: Test
Procedure for Consumer Furnace Fans
AGENCY
: Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION
: Final rule.
SUMMARY
: The U.S. Department of
Energy (‘‘DOE’’) is amending the test
procedure for consumer furnace fans to:
clarify the scope of applicability of the
furnace fan test procedure; incorporate
by reference the most recent versions of
industry test methods; establish a test
method for furnace fans incapable of
operating at the required external static
pressure; clarify testing of certain
products, including furnace fans with
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