Unknown. Interim rule with request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2013-09-03.xml --- 78 170 Tuesday, September 3, 2013 Contents Agricultural Marketing Agricultural Marketing Service RULES Decreased Assessment Rates: Dates Produced or Packed in Riverside County, CA, 54147-54149 2013-21309 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54232-54233 2013-21311 Agriculture Agriculture Department See Agricultural Marketing Service Antitrust Division Antitrust Division NOTICES National Cooperative Research and Production Act;

Membership Changes: Cable Television Laboratories, Inc., 54277 2013-21312 Antitrust See Antitrust Division Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54253-54254 2013-21325 Coast Guard Coast Guard RULES Eighth Coast Guard District Annual Marine Events: Clarksville Riverfest; Cumberland River 125.0-126.0; Clarksville, TN, 54168 2013-21289 Safety Zones: SFOBB Demolition Safety Zone, San Francisco, CA, 54171-54173 2013-21290 Special Local Regulations:

Cumberland River, Mile 157.0 to 159.0; Ashland City, TN, 54168-54170 2013-21288 NOTICES Meetings: Great Lakes Pilotage Advisory Committee, 54264-54265 2013-21287 Request for Applications: Merchant Marine Personnel Advisory Committee, 54265 2013-21291 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 54233-54234 2013-21303 Commission Fine Commission of Fine Arts NOTICES Meetings, 54242 2013-21269 Community Living Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Alzheimer's Disease Supportive Services Program; Data Reporting Tool, 54254-54255 2013-21310 Defense Department Defense Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: American Recovery and Reinvestment Act;

Reporting Requirements; One Time Reporting Requirements for Prime Contractors, 54252-54253 2013-21286 Federal Acquisition Regulation; American Recovery and Reinvestment Act; Reporting Requirements; Quarterly Reporting for Prime Contractors, 54250-54251 2013-21350 Arms Sales, 54242-54244 2013-21267 Meetings: Military Family Readiness Council, 54244 2013-21352 Delaware Delaware River Basin Commission NOTICES Meetings: Delaware River Basin Commission, 54244-54245 2013-21358 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Trends in International Mathematics and Science Study; 2015 Recruitment and Field Test, 54245-54246 2013-21323 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Efficiency Program for Commercial and Industrial Equipment: Energy Conservation Standards for Commercial Packaged Boilers; Meeting, 54197-54199 2013-21346 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54246 2013-21344 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Indiana; Maintenance Plan Update for Lake County, Indiana for Sulfur Dioxide, 54173-54177 2013-21274 Motor Vehicle Emission Budgets: New York; 2009, 2017 and 2025 PM2.5; Transportation Conformity Purposes; Adequacy Status, 54177-54178 2013-21266 State Hazardous Waste Management Programs: Virginia; Final Authorization, 54178-54182 2013-21378 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Indiana; Maintenance Plan Update for Lake County, Indiana for Sulfur Dioxide, 54200 2013-21277 State Hazardous Waste Management Programs:

Virginia; Final Authorization, 54200-54201 2013-21371 NOTICES Meetings: Interagency Steering Committee on Radiation Standards, 54248 2013-21365 State Federal Insecticide, Fungicide, and Rodenticide Act Issues Research and Evaluation Group Full Committee, 54248-54249 2013-21364 Export Import Export-Import Bank NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54249-54250 2013-21324 Meetings; Sunshine Act, 54250 2013-21490 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Rolls-Royce plc

(RR)Turbofan Engines, 54149-54152 2013-21108 Rolls-Royce plc Turbofan Engines, 54152-54156 2013-21109 Federal Communications Federal Communications Commission PROPOSED RULES Misuse of Internet Protocol Captioned Telephone Service: Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, 54201-54209 2013-21273 NOTICES Debarments, 54250 2013-21032 Federal Emergency Federal Emergency Management Agency NOTICES Major Disaster Declarations: Iowa; Amendment No. 1, 54266 2013-21248 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 54246-54247 2013-21331 2013-21349 Petitions: MIPC, LLC; Waivers, 54247-54248 2013-21332 Federal Motor Federal Motor Carrier Safety Administration NOTICES Uniform Fine Assessment Version 4.0 Software: Calculating Amounts of Civil Penalties for Violations, 54365-54367 2013-21278 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 54250 2013-21283 Fine Arts Commission See Commission of Fine Arts Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: 12-Month Finding on Petition to Downlist Hesperocyparis abramsiana (Cupressus abramsiana); Reclassify H. abramsiana as Threatened, 54221-54231 2013-21313 6-Month Extension of Final Determination for the Proposed Listing and Designation of Critical Habitat for Four Subspecies of Mazama Pocket Gopher, 54218-54221 2013-21376 Removing Five Subspecies of Mazama Pocket Gopher from the Candidate List for Endangered and Threatened Species, 54214-54218 2013-21377 NOTICES Endangered and Threatened Wildlife and Plants Recovery Permit Applications, 54268 2013-21326 Foreign Assets Foreign Assets Control Office PROPOSED RULES Licensing Procedures for Exportation: Agricultural Commodities, Medicine, and Medical Devices to Sudan And Iran, 54199-54200 2013-21363 Foreign Trade Foreign-Trade Zones Board NOTICES Production Activities: Foreign-Trade Zone 26; PBR, Inc. d/b/a SKAPS Industries (Polypropylene Geotextiles), Athens, GA, 54234 2013-21235 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: American Recovery and Reinvestment Act; Reporting Requirements; One Time Reporting Requirements for Prime Contractors, 54252-54253 2013-21286 Federal Acquisition Regulation; American Recovery and Reinvestment Act; Reporting Requirements; Quarterly Reporting for Prime Contractors, 54250-54251 2013-21350 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Community Living Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Health Resources Health Resources and Services Administration NOTICES Bureau of Health Professions Advanced Education Nursing Traineeship Program, 54255 2013-21343 Competition Requirements: Maternal and Child Health Bureau's Research Network on Pregnancy-Related Care Program; Single-Case Deviation, 54255-54256 2013-21342 Health Careers Opportunity Program, 54256 2013-21339 Request for Nominations: Advisory Council on Blood Stem Cell Transplantation Voting Members, 54257-54258 2013-21345 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Disaster Recovery Grant Reporting System, 54267-54268 2013-21353 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service Internal Revenue Internal Revenue Service RULES Limitations on Duplication of Net Built-in Losses, 54156-54168 2013-21330 International Trade Adm International Trade Administration NOTICES Antidumping and Countervailing Duty Orders; Results, Extensions, Amendments, etc.: Initiation of Five-Year Sunset Review, 54237-54238 2013-21386 Opportunity to Request Administrative Review, 54235-54237 2013-21384 Sunset Reviews; Advance Notification, 54234-54235 2013-21393 Meetings: President's Export Council, 54238-54239 2013-21459 International Trade Com International Trade Commission NOTICES Antidumping and Countervailing Duty Investigations; Results, Extensions, Amendments, etc.: Electrolytic Manganese Dioxide from Australia and China; Five-Year Review, 54269-54272 2013-21306 Steel Wire Garment Hangers from China; Five-Year Review, 54272-54274 2013-21305 Investigations; Terminations, Modifications and Rulings, etc.: Laundry and Household Cleaning Products and Related Packaging, 54274-54275 2013-21304 Justice Department Justice Department See Antitrust Division NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certification of Compliance with the Confidentiality and Privacy Provisions of the Violence Against Women Act, 54275-54276 2013-21375 Consent Decrees under CERCLA, 54276 2013-21292 Labor Department Labor Department See Mine Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Employment Information Form, 54277-54278 2013-21284 Land Land Management Bureau NOTICES Meetings: Eastern Montana Resource Advisory Council, 54268-54269 2013-21328 Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54367-54369 2013-21334 2013-21335 2013-21336 Requests for Administrative Waiver of the Coastwise Trade Laws: Vessel BREAKAWAY, 54369 2013-21337 Mine Mine Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Health Standards for Diesel Particulate Matter Exposure, Underground Coal Mines, 54279-54280 2013-21361 Safety Defects; Examination, Correction and Records, 54278-54279 2013-21360 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: American Recovery and Reinvestment Act; Reporting Requirements; One Time Reporting Requirements for Prime Contractors, 54252-54253 2013-21286 Federal Acquisition Regulation; American Recovery and Reinvestment Act; Reporting Requirements; Quarterly Reporting for Prime Contractors, 54250-54251 2013-21350 National Highway National Highway Traffic Safety Administration RULES List of Nonconforming Vehicles Eligible for Importation, 54182-54194 2013-21308 PROPOSED RULES Federal Motor Vehicle Safety Standards: Lamps, Reflective Devices, and Associated Equipment, 54209-54214 2013-21370 NOTICES Petitions: Goodyear Tire and Rubber Co.; Inconsequential Noncompliance, 54369-54370 2013-21307 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 54258-54261 2013-21318 2013-21320 National Cancer Institute, 54261 2013-21321 National Heart, Lung, and Blood Institute, 54259, 54261 2013-21316 2013-21319 National Institute of Biomedical Imaging and Bioengineering, 54259 2013-21317 National Institute on Aging, 54258-54259 2013-21322 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species: Commercial Shark Fisheries, 54195-54196 2013-21387 Fisheries of the Northeastern United States: Northeast Multispecies Fishery; Trip Limit Adjustments for the Common Pool Fishery, 54194-54195 2013-21381 NOTICES Meetings: New England Fishery Management Council, 54239-54241 2013-21367 2013-21369 North Pacific Fishery Management Council, 54239-54240 2013-21333 2013-21368 National Park National Park Service NOTICES Meetings: Lake Clark National Park Subsistence Resource Commission, 54269 2013-21314 National Telecommunications National Telecommunications and Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: BroadbandMatch Website Tool, 54241 2013-21293 Meetings: First Responder Network Authority Board, 54241-54242 2013-21351 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Facility Operating and Combined Licenses: Applications and Amendments Involving No Significant Hazards Considerations, 54280-54294 2013-21247 Meetings; Sunshine Act, 54294 2013-21465 Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 54294 2013-21450 Securities Securities and Exchange Commission NOTICES Applications: Franklin Templeton International Trust, et al., 54294-54298 2013-21347 Horizons ETFs Management (USA), LLC and Horizons ETF Trust, 54298-54304 2013-21348 Joint Industry Plans: BATS Exchange, Inc., BATS Y-Exchange, Inc., Chicago Board Options Exchange, Inc., et al., 54305-54336 2013-21301 2013-21302 Meetings; Sunshine Act, 54336 2013-21412 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 54338-54340 2013-21295 Financial Industry Regulatory Authority, Inc., 54350-54362 2013-21296 2013-21300 NASDAQ OMX PHLX, LLC, 54340-54349 2013-21298 2013-21299 National Securities Clearing Corp., 54349-54350 2013-21294 The NASDAQ Stock Market, LLC, 54336-54338 2013-21297 Small Business Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54362-54363 2013-21242 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54363-54364 2013-21315 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Jewels by JAR, 54364-54365 2013-21372 Meetings: Foreign Affairs Policy Board, 54365 2013-21373 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54261-54264 2013-21340 2013-21341 Surface Transportation Surface Transportation Board NOTICES Meetings: Rail Energy Transportation Advisory Committee, 54370 2013-21380 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Maritime Administration See National Highway Traffic Safety Administration See Surface Transportation Board See Transportation Security Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Department of Homeland Security Traveler Redress Inquiry Program, 54266-54267 2013-21391 Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service NOTICES Countries Requiring Cooperation with an International Boycott, 54370-54371 2013-21359 Meetings: Federal Advisory Committee on Insurance, 54371 2013-21362 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 78 170 Tuesday, September 3, 2013 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 987 [Docket No. AMS-FV-13-0053; FV13-987-1 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 decreases the assessment rate established for the California Date Administrative Committee (Committee) for the 2013-14 and subsequent crop years from $0.90 to $0.40 per hundredweight of dates handled. The Committee locally administers the marketing order, which regulates the handling of dates grown 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 October 1, 2013. Comments received by November 4, 2013, 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, Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; Fax:

(202)720-8938; or Internet: *http://www.regulations.gov.* Comments should reference the 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 Martin Engeler, Regional Director, California Marketing Field Office, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA; Telephone:

(559)487-5901, Fax:

(559)487-5906, or Email: *Terry.Vawter@ams.usda.gov* or *Martin.Engeler@ams.usda.gov.* Small businesses may request information on complying with this regulation by contacting Jeffrey Smutny, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone:

(202)720-2491, Fax:

(202)720-8938, or Email: *Jeffrey.Smutny@ams.usda.gov.* SUPPLEMENTARY INFORMATION: This 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 Order 12866. 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, 2013, 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 entry of the ruling. This rule decreases the assessment rate established for the Committee for the 2013-14 and subsequent crop years from $0.90 to $0.40 per hundredweight of dates. The California date marketing 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 producers and handlers of Riverside County, California, dates. They are familiar with the Committee's needs and with 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. The Committee met on June 20, 2013, and unanimously recommended 2013-14 expenditures of $97,700, and an assessment rate of $0.40 per hundredweight of Riverside County, California, dates. In comparison, last year's budgeted expenditures were $260,000. The assessment rate of $0.40 is $0.50 lower than the rate currently in effect. The Committee recommended a lower assessment rate because of a significant decrease in its budgeted expenses. The industry will shift its marketing programs from the Committee to the California Date Commission, a California State marketing program, beginning October 1, 2013. Thus, the assessment revenue needed under the order for the 2013-14 crop year has decreased. Income generated from the lower assessment rate, combined with cull surplus contributions, and carry-in funds from the 2012-13 crop year should be sufficient to cover anticipated 2013-14 expenses. Proceeds from sales of cull dates are deposited into a surplus account for subsequent use by the Committee in covering the surplus pool share of the Committee's expenses. Handlers may also dispose of cull dates of their own production within their own livestock-feeding operation; otherwise, such cull dates must be shipped or delivered to the Committee for sale to non-human food product outlets. Pursuant to § 987.72(b), the Committee is authorized to temporarily use funds derived from assessments to defray expenses incurred in disposing of surplus dates. All such expenses are required to be deducted from proceeds obtained by the Committee from the disposal of surplus dates. For the 2013-14 crop year, the Committee estimates that $3,000 from the surplus account would be needed to temporarily defray expenses incurred in disposing of surplus dates. The major expenditures recommended by the Committee for the 2013-14 crop year include: $58,200 for general and administrative expenses, $20,000 for nutrition and food quality programs, and $19,500 for contingency funds. Budgeted expenses for the 2012-13 crop year included: $110,000 for generic marketing promotions, $83,520 for general and administrative expenses, $43,800 for nutrition marketing programs, and $12,680 for contingency funds. The assessment rate of $0.40 per hundredweight of dates handled was recommended by the Committee after considering several factors: The anticipated size of the 2013-14 crop, the Committee's estimates of the incoming reserve, other income, and anticipated expenses. Date shipments for the year are estimated at 26,500,000 pounds (265,000 hundredweight) which should provide $106,000 in assessment income. Income derived from handler assessments, along with a $3,000 reimbursement for the cost of disposing of surplus culls, should be adequate to cover budgeted expenses. Section 987.72(d) of the order states that the Committee may maintain a monetary reserve not to exceed 50 percent of the average of expenses incurred during the most recent 5 preceding crop years, except that an established reserve need not be reduced to conform to any recomputed average. The Committee expects to carry a $25,000 reserve into the 2013-14 crop year. It expects to add $11,300 to the reserve during the year, for a carryout of approximately $36,300, which is 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 2013-14 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 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 less than $750,000, and small agricultural service firms as those whose annual receipts are less than $7,000,000. (13 CFR 121.201) According to the National Agricultural Statistics Service (NASS), data for the most recently completed crop year

(2011)shows that about 4.04 tons, or 8,080 pounds, of dates were produced per acre. The 2012 grower price published by NASS was $1,340 per ton, or $0.67 per pound. Thus, the value of date production per acre in 2011-12 averaged about $5,414 (8,080 pounds times $0.67 per pound). At that average price, a producer would have to farm over 138 acres to receive an annual income from dates of $750,000 ($750,000 divided by $5,414 per acre equals 138.53 acres). According to Committee staff, the majority of California date producers farm less than 138 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 $7,000,000 and may also be considered small entities. This rule decreases the assessment rate established for the Committee and collected from handlers for the 2013-14 and subsequent crop years from $0.90 to $0.40 per hundredweight of dates handled. The Committee unanimously recommended 2013-14 expenditures of $97,700 and an assessment rate of $0.40 per hundredweight of dates, which is $0.50 lower than the 2012-13 rate currently in effect. The quantity of assessable dates for the 2013-14 crop year is estimated at 26,500,000 pounds (265,000 hundredweight). Thus, the $0.40 rate should provide $106,000 in assessment income. Income derived from handler's assessments, along with the $3,000 contribution from the surplus program, should be adequate to meet the 2013-14 crop year expenses. The major expenditures recommended by the Committee for the 2013-14 crop year include: $58,200 for general and administrative expenses, $20,000 for nutrition and food quality programs, and $19,500 for contingency funds. Budgeted expenses in the 2012-13 crop year include: $110,000 for generic marketing promotions, $83,520 for general and administrative expenses, $43,800 for nutrition marketing programs, and $12,680 for contingency funds. The Committee recommended a lower assessment rate because the industry plans to shift its marketing programs to the State marketing program, the California Date Commission, beginning October 1, 2013. Thus, less assessment revenue is needed to fund Committee operations. Section 987.72(d) of the order states that the Committee may maintain a monetary reserve not to exceed 50 percent of the average of expenses incurred during the most recent 5 preceding crop years, except that an established reserve need not be reduced to conform to any recomputed average. The Committee expects to carry a $25,000 reserve into the 2013-14 crop year. It expects to add $11,300 to the reserve during the year, for a desired carryout of approximately $36,300, which is below the limit specified in the order. The Committee reviewed and unanimously recommended 2013-14 crop year expenditures of $97,700. Prior to arriving at this budget, the Committee considered information from various sources, such as the Committee's Marketing Subcommittee and Budget Committee. Alternative expenditure levels and assessment rates were discussed by these groups, based upon the relative value of various projects to the date industry. The assessment rate of $0.40 per hundredweight of dates was then recommended after consideration of several factors, including the anticipated 2013-14 crop size, the Committee's estimates of the incoming reserve funds and other income, and their anticipated expenses. A review of historical and preliminary information pertaining to the upcoming crop year indicates that the grower price for the 2013-14 crop year could range between $45.00 and $55.00 per hundredweight of dates. Utilizing these estimates and the assessment rate of $0.40 per hundredweight, the estimated assessment revenue for the 2013-14 crop year as a percentage of total grower revenue could range between 0.7 and 0.9 percent. This action 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, decreasing the assessment rate reduces the burden on handlers, and may reduce the burden on producers. In addition, the Committee's meeting was widely publicized throughout the California date industry, and all interested persons were invited to attend the meeting and encouraged to participate in Committee deliberations on all issues. Like all Committee meetings, the June 20, 2013, 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 the Budget Committee meeting on June 6, 2013. 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: *http://www.ams.usda.gov/MarketingOrdersSmallBusinessGuide.* Any questions about the compliance guide should be sent to Jeffrey Smutny at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. 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 2013-14 crop year begins on October 1, 2013, 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 2013-14 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—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. Section 987.339 is revised to read as follows: § 987.339 Assessment rate. On and after October 1, 2013, an assessment rate of $0.40 per hundredweight is established for Riverside County, California, dates. Dated: August 27, 2013. Rex A. Barnes, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2013-21309 Filed 8-30-13; 8:45 am]

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