Unknown. Final rule
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/register/2014/03/31/2014-07024A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2014-03-31.xml --- 79 61 Monday, March 31, 2014 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18030-18031 2014-07110 Patient Safety Organizations; Delistings: Society of Hospital Medicine PSO, 18031-18032 2014-07097 Agricultural Marketing Agricultural Marketing Service RULES Watermelon Research and Promotion Plan:
Importer Membership Requirements, 17849-17852 2014-07024 PROPOSED RULES Increased Assessment Rates: Grapes Grown in a Designated Area of Southeastern California, 17940-17942 2014-07012 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Specified Commodities Imported into the United States, Exempt from Import Regulations, 18005-18006 2014-07011 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service See Rural Business-Cooperative Service NOTICES Requests for Nominations:
Council for Native American Farming and Ranching, 18004-18005 2014-07009 Air Force Air Force Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18018-18019 2014-07098 Army Army Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18019 2014-07095 Coast Guard Coast Guard RULES Safety Zones: San Francisco Giants Fireworks; San Francisco Bay, San Francisco, CA, 17868-17869 2014-07082 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 18042-18046 2014-07084 2014-07085 2014-07087 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2014-07033 2014-07034 18007-18010 2014-07061 Fiscal Year 2013 Service Contract Inventory, 18010-18011 2014-07111 Commodity Futures Commodity Futures Trading Commission NOTICES Meetings;
Sunshine Act, 2014-07174 2014-07175 18015 2014-07176 Community Living Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Survey of Older Americans Act Participants, 18032 2014-07148 Consumer Product Consumer Product Safety Commission NOTICES Settlement Agreements and Orders: Forman Mills, Inc.; Provisional Acceptance, 18015-18018 2014-07099 Defense Acquisition Defense Acquisition Regulations System RULES Regulation Supplement;
Performance-Based Payments, 17931-17939 2014-07069 Small Business Programs; CFR Correction, 17931 2014-07201 Defense Department Defense Department See Air Force Department See Army Department See Defense Acquisition Regulations System Department of Transportation See Pipeline and Hazardous Materials Safety Administration Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Consolidation Loan Rebate Fee Report, 18021 2014-07028 National Assessment of Education Progress 2014-2016 System Clearance; etc., 18019-18020 2014-07029 Student Support Services Annual Performance Report, 18020-18021 2014-07056 Meetings:
National Advisory Committee on Institutional Quality and Integrity, 18021-18022 2014-07107 Employment and Training Employment and Training Administration NOTICES Funding Availabilities: Indian and Native American Employment and Training Program; Grant Applications, 18069 2014-07074 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations:
Arizona; Maricopa County Area; Revisions, 17878-17879 2014-07122 Arizona; Revisions, 17879-17884 2014-07115 2014-07118 Hawaii; Fine Particulate Matter National Ambient Air Quality Standards; Infrastructure Requirements, 17869-17874 2014-05526 Pennsylvania; Update of the Motor Vehicle Emissions Budgets for the Reading 1997 Eight-Hour Ozone National Ambient Air Quality Standard Maintenance Area, 17875-17878 2014-06671 West Virginia; Approval of the Redesignation Requests and the Associated Maintenance Plans of the Charleston Nonattainment Area for the 1997 Annual and the 2006 24-Hour Fine Particulate Matter Standards, 17884-17886 2014-06955 Air Quality State Plans for Designated Facilities and Pollutants;
Approvals and Promulgations: Commonwealth of Virginia; Control of Emissions from Existing Sewage Sludge Incineration Units, 17886-17889 2014-06963 Approval of States' Requests to Relax the Federal Reid Vapor Pressure Volatility Standard: Florida; Raleigh-Durham-Chapel Hill and Greensboro/Winston-Salem/High Point Areas, North Carolina, 17889-17896 2014-06863 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Arizona; Revisions, 2014-07116 17964-17965 2014-07119 Pennsylvania;
Update of Motor Vehicle Emissions Budgets for the Reading 1997 Eight-Hour Ozone National Ambient Air Quality Standard Maintenance Area, 17965-17966 2014-06670 Approval of States' Requests to Relax the Federal Reid Vapor Pressure Volatility Standard: Florida; Raleigh-Durham-Chapel Hill and Greensboro/Winston-Salem/High Point Areas, North Carolina, 17966-17971 2014-06861 Pesticide Petitions: Residues of Pesticide Chemicals in or on Various Commodities; Withdrawals, 17971-17972 2014-05693 NOTICES Fiscal Year 2013 Service Contract Inventory, 18025 2014-07104 Farm Credit Farm Credit Administration RULES Organization;
Disclosures to Shareholders: Disclosure to Investors in System-Wide and Consolidated Bank Debt Obligations of the Farm Credit System; Advisory Vote, 17854-17856 2014-06783 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Pratt and Whitney Turbofan Engines, 17856-17859 2014-06953 Amendment to Class B Airspace Area: Detroit, MI; Correction, 17859 2014-06959 PROPOSED RULES Airworthiness Directives: DASSAULT AVIATION Airplanes, 17942-17944 2014-07070 Establishment of Class E Airspace:
Conway, AR, 17944-17945 2014-07114 Crandon, WI, 17946-17947 2014-07125 NOTICES Release of Airport Properties: Sullivan Regional Airport, Sullivan, MO, 18112-18113 2014-07113 Federal Communications Federal Communications Commission RULES Closed Captioning of Video Programming: Telecommunications for the Deaf and Hard of Hearing, 17911-17931 2014-06754 Miscellaneous Wireless Communications Services; CFR Correction, 17911 2014-07200 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 18025-18026 2014-07053 Widelity Report and Catalog of Potential Expenses and Estimated Costs, 18026-18027 2014-07138 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18027 2014-07088 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 18022-18023 2014-07089 2014-07090 2014-07091 Filings: Oncor Electric Delivery Co., LLC, 18023-18024 2014-07094 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorization:
Cooper Mountain Solar 3, LLC, 18024-18025 2014-06986 Dynegy Energy Services, LLC, 18024 2014-07093 TrailStone Power, LLC, 18024 2014-07092 Federal Financial Federal Financial Institutions Examination Council NOTICES Meetings: Appraisal Subcommittee Advisory Committee for Development of Regulations, 18028 2014-07071 Federal Highway Federal Highway Administration NOTICES Moving Ahead for Progress in the 21st Century Act, Section 1306: Financial Penalties Guidance, 18113 2014-07052 Federal Motor Federal Motor Carrier Safety Administration NOTICES Meetings;
Sunshine Act, 18113 2014-07218 Federal Railroad Federal Railroad Administration RULES Passenger Train Emergency Preparedness, 18128-18151 2014-06998 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 18028 2014-07076 Formations of, Acquisitions by, and Mergers of Savings and Loan Holding Companies, 18028-18029 2014-07077 Federal Transit Federal Transit Administration NOTICES Limitations on Claims against Proposed Public Transportation Projects, 18113-18114 2014-07079 Moving Ahead for Progress in the 21st Century Act, Section 1306:
Financial Penalties Guidance, 18113 2014-07052 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: Alexander Archipelago Wolf; 90-Day Finding on Petition to List as Threatened or Endangered, 17993-17995 2014-06791 NOTICES Meetings: Aquatic Nuisance Species Task Force, 18053-18054 2014-06974 Food and Drug Food and Drug Administration RULES New Animal Drug Applications for Combination Drug Medicated Feeds Containing an Arsenical Drug: Zoetis Inc., et al.;
Withdrawal of Approval; Correction, 17859-17860 2014-06994 PROPOSED RULES Guidance for Industry: Imported Food Questions and Answers (Edition 3), 17947 2014-07046 NOTICES Guidance for Industry and Staff: Public Availability of Advisory Committee Members' Financial Interest Information and Waivers, 18032-18033 2014-06997 Meetings: FDA and Global Engagement: Progress on the Pathway to Global Product Safety, 18033-18034 2014-07059 Pediatric Advisory Committee, 18034-18035 2014-07112 Regulatory Review Periods for Patent Extensions:
NULOJIX, 18036-18037 2014-07060 PREVNAR-13, 18035-18036 2014-07058 Foreign Trade Foreign-Trade Zones Board NOTICES Applications for Subzones: Mitsubishi Rayon Carbon Fiber and Composites, Inc., Foreign-Trade Zone 143, West Sacramento, CA, 18011 2014-07136 Production Activity Authorizations: THOR Industries, Inc., Foreign-Trade Zone 100, Dayton, OH, 18011 2014-07126 Proposed Production Activities: Ingram Micro Mobility/Brightpoint North America LP, Subzone 72S, Plainfield, IN, 18011-18012 2014-07129 Forest Forest Service NOTICES Meetings:
Ketchikan Resource Advisory Committee, 18006-18007 2014-06915 North Central Idaho Resource Advisory Committee, 18006 2014-07065 Prince William Sound Resource Advisory Committee, 18007 2014-07030 Government Accountability Government Accountability Office NOTICES Meetings: Advisory Council on the Standards for Internal Control in the Federal Government, 18029 2014-07063 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Community Living Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health RULES Health Insurance Reform Requirements for the Group and Individual Health Insurance Markets;
CFR Correction, 17896 2014-07217 PROPOSED RULES Countermeasures Injury Compensation Program: Pandemic Influenza Countermeasures Injury Table, 17973-17993 2014-06102 World Trade Center Health Program: Denial of Petition to Add Kidney Damage/Disease to List of WTC-Related Health Conditions, 17972-17973 2014-06906 NOTICES Meetings: National Biodefense Science Board, 18029-18030 2014-06996 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Reconciliation Tool for the Teaching Health Center Graduate Medical Education Program, 18037-18038 2014-06999 Healthcare Research and Quality Agency See Agency for Healthcare Research and Quality Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection RULES Visa Waiver Program: Designation of Chile, 17852-17854 2014-07254 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: HUD Environmental Review Online System, 18048-18049 2014-07068 Owner Certification with HUD Tenant Eligibility and Rent Procedures, 18047-18048 2014-07067 Multifamily, Health Care Facilities, and Hospital Mortgage Insurance Premiums; Fiscal Year 2015, 18049-18050 2014-07153 Privacy Act; Computer Matching Program, 18050-18053 2014-07151 Indian Affairs Indian Affairs Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:
Home-Living Programs and School Closure and Consolidation, 18055 2014-07051 Tribal Energy Development Capacity Program, 18054-18055 2014-07050 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service See Ocean Energy Management Bureau See Office of Natural Resources Revenue See Surface Mining Reclamation and Enforcement Office Internal Revenue Internal Revenue Service RULES Designation of Payor to Perform Acts Required of an Employer, 17860-17863 2014-07152 NOTICES Charter Renewals:
Art Advisory Panel, 18125 2014-07154 Meetings: Art Advisory Panel, 18125 2014-07171 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Circular Welded Carbon Quality Steel Pipe from the People's Republic of China, 18012-18013 2014-07133 Applications for Duty-Free Entry of Scientific Instruments, 18013 2014-07124 International Trade Com International Trade Commission NOTICES Investigations;
Determinations, Modifications and Rulings, etc.: Ferrosilicon from Russia and Venezuela, 18065-18066 2014-07032 Justice Department Justice Department NOTICES Proposed Consent Decrees under CERCLA, 18066-18067 2014-07031 Labor Department Labor Department See Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Hydrostatic Testing Provision of the Standard on Portable Fire Extinguishers, 18067-18068 2014-07027 Request for Information on Earnings, Dual Benefits, Dependents, and Third Party Settlements, 18068-18069 2014-07073 Land Land Management Bureau NOTICES Meetings:
Alaska Resource Advisory Council, 18055-18056 2014-07049 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 18069-18071 2014-07208 Maritime Maritime Administration RULES War Risk Insurance: Retrospective Review, 17896-17910 2014-06756 NASA National Aeronautics and Space Administration NOTICES Meetings: Aerospace Safety Advisory Panel, 18071-18072 2014-07057 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 18114-18115 2014-07081 Petitions for Inconsequential Noncompliance; Denials: RECARO Child Safety, LLC, 18115-18117 2014-07108 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Safe to Sleep Campaign, 18038-18039 2014-07105 Exclusive Licenses: Development of Single Domain Human Anti-Mesothelin Monoclonal Antibody for Treatment of Human Cancers, 18039 2014-07022 Multivalent Vaccines for Rabies Virus and Ebola and Marburg (Filoviruses), 18039-18040 2014-07023 Meetings:
Center for Scientific Review, 18042 2014-07017 National Center for Advancing Translational Sciences, 18040-18041 2014-07016 National Institute of Biomedical Imaging and Bioengineering, 18041 2014-07019 National Institute of Diabetes and Digestive and Kidney Diseases, 18041-18042 2014-07018 National Institute of Environmental Health Sciences, 18040 2014-07021 National Institute of Neurological Disorders and Stroke, 18042 2014-07020 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries of the Northeastern United States: 2014 Summer Flounder Specifications; 2015 Summer Flounder, Scup, and Black Sea Bass Specifications; 2014 Research Set-Aside Projects, 17995-18002 2014-07123 Control Date for the Purpose of Limiting Entry to the Skate Fishery;
Northeast Skate Complex Fishery Management Plan, 18002-18003 2014-07120 NOTICES Endangered and Threatened Species: Take of Anadromous Fish; Correction, 18013 2014-07117 Meetings: New England Fishery Management Council, 18014 2014-07004 U. S. Integrated Ocean Observing System Advisory Committee, 18013-18014 2014-07064 State Coastal Management Program; Evaluation, 18014-18015 2014-07072 National Park National Park Service NOTICES Inventory Completions: Ball State University Department of Anthropology;
Muncie, IN, 18060-18061 2014-07141 Tennessee Valley Authority; Knoxville, TN, 18056-18058 2014-07130 2014-07135 U.S. Department of Defense, Department of the Navy, Washington, DC, 18058-18059 2014-07143 University of Massachusetts Amherst, Department of Anthropology, Amherst, MA, 18059-18060 2014-07145 Repatriations of Cultural Items: Museum of Northern Arizona, Flagstaff, AZ, 18064-18065 2014-07144 Oakland Museum of California, 18063-18064 2014-07147 Tennessee Valley Authority, Knoxville, TN, 18061-18062 2014-07150 U.S.
Department of Defense, Department of the Navy, Washington, DC, 18062-18063 2014-07137 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18072 2014-07025 Environmental Assessments; Availability, etc.: Peach Bottom Atomic Power Station, Units 2 and 3, 18073-18083 2014-07132 Meetings; Sunshine Act, 18083 2014-07223 Ocean Energy Management Ocean Energy Management Bureau PROPOSED RULES Allocation, Disbursement of Royalties, Rentals, and Bonuses:
Oil and Gas, Offshore, 17948-17964 2014-06848 Natural Resources Office of Natural Resources Revenue PROPOSED RULES Allocation, Disbursement of Royalties, Rentals, and Bonuses: Oil and Gas, Offshore, 17948-17964 2014-06848 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: General Request for Investigative Information, etc., 18083-18085 2014-06595 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Pipeline Safety; Revisions to Operator Identification Assignment Request and Operator Registry Notification, 18118-18119 2014-07075 Special Permit Applications, 18119-18123 2014-06864 2014-06865 Special Permit Applications; Delays, 18123-18124 2014-06868 Special Permit Applications; Modifications, 18124 2014-06866 Rural Business Rural Business-Cooperative Service NOTICES Maximum Amount for Business and Industry Guaranteed Loans, 18007 2014-06854 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 2014-07043 18085-18086 2014-07044 2014-07045 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 18089-18091 2014-07013 BATS Y-Exchange, Inc., 18099-18101 2014-07014 Chicago Board Options Exchange, Inc., 18086-18087, 18104-18106 2014-07041 2014-07054 Chicago Mercantile Exchange Inc., 18107-18108 2014-07042 Financial Industry Regulatory Authority, Inc., 18094-18098 2014-07037 ICE Clear Europe Ltd., 2014-07035 18098-18099 2014-07036 NASDAQ Stock Market, LLC, 18091-18094, 18101-18104 2014-07038 2014-07039 National Stock Exchange, Inc., 18108-18110 2014-07040 NYSE Arca, Inc., 18087-18089 2014-07190 Trading Suspension Orders:
Advanced Cannabis Solutions, Inc., 18111 2014-07226 Citadel EFT, Inc., 18110 2014-07230 Hendrx Corp., et al., 18110 2014-07229 Small Business Small Business Administration NOTICES Interest Rates, 18111 2014-07026 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Statement of Non-Receipt of a U.S. Passport, 18111-18112 2014-07139 Surface Mining Surface Mining Reclamation and Enforcement Office RULES Wyoming Regulatory Program, 17863-17868 2014-07106 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Federal Transit Administration See Maritime Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration NOTICES Fiscal Year 2013 Service Contract Inventory, 18112 2014-07078 Treasury Treasury Department See Internal Revenue Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 18124-18125 2014-07066 Customs U.S. Customs and Border Protection NOTICES Commercial Gaugers and Laboratories; Accreditations and Approvals: AmSpec Services, LLC, 18046-18047 2014-06992 Veteran Affairs Veterans Affairs Department NOTICES Meetings: Special Medical Advisory Group, 18125-18126 2014-07062 Separate Parts In This Issue Part II Transportation Department, Federal Railroad Administration, 18128-18151 2014-06998 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. 79 61 Monday, March 31, 2014 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1210 [Document Number AMS-FV-11-0031] Watermelon Research and Promotion Plan; Importer Membership Requirements AGENCY:
Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This rule amends the Watermelon Research and Promotion Plan's
(Plan)importer membership requirements to serve on the National Watermelon Promotion Board (Board). The Board recommended eliminating the requirement that an importer import more than 50 percent of the total volume handled and imported in order to qualify as an importer member. This change allows for additional parties to qualify as an importer member. The U.S. Department of Agriculture (USDA or Department) conducted a referendum among eligible producers, handlers, and importers of watermelons from January 13 through 27, 2014. Seventy-four percent of those voting in the referendum favored amendment of the Plan. Additional revisions are made to remove unnecessary language in the Plan and regulations. Also, a section of the regulations is clarified and revised accordingly. DATES: *Effective Date:* April 1, 2014. FOR FURTHER INFORMATION CONTACT: Jeanette Palmer, Marketing Specialist, Promotion and Economics Division, Fruit and Vegetable Program, AMS, USDA, Stop 0244, 1400 Independence Avenue SW., Room 1406-S, Washington, DC 20250-0244; telephone:
(888)720-9917 (toll free); Direct line: 202-720-9915; facsimile:
(202)205-2800; or electronic mail: *Jeanette.Palmer@ams.usda.gov* . SUPPLEMENTARY INFORMATION: This rule is issued under the Watermelon Research and Promotion Plan [7 CFR part 1210]. The Plan is authorized under the Watermelon Research and Promotion Act
(Act)[7 U.S.C. 4901-4916]. As part of this rulemaking process, a proposed rule was published in the **Federal Register** on February 13, 2013 [78 FR 10104], with a thirty-day comment period, which closed on March 15, 2013. Sixteen comments were received by the March 15, 2013, deadline. These comments were discussed in a second proposed rule and referendum order that was published in the **Federal Register** on October 29, 2013 [78 FR 64408]. Pursuant to section 1655 of the Act, a referendum was conducted among watermelon producers, handlers, and importers to determine whether they favor amending the Plan to eliminate the requirement that an importer import more than 50 percent of the total volume handled and imported in order to qualify as an importer member. The representative period for establishing voter eligibility for the referendum was the period January 1 through December 31, 2012. Section 1653(b) of the Act requires that the amendment be approved by a majority of watermelon producers, handlers, and importers voting in the referendum. Producers of 10 acres or more of watermelons, watermelon handlers, importers of 150,000 or more pounds of watermelons annually, and importers of less than 150,000 pounds of watermelons annually who did not apply for and receive reimbursements of assessments during the representative period were eligible to vote in the referendum. Additionally, eligible voters had to currently be engaged in the business of producing, handling or importing watermelons. The referendum was conducted by mail ballot from January 13, 2014, through January 27, 2014. Seventy-four percent of those voting in the referendum favored amendment of the Plan. Additional revisions are made to remove unnecessary language in section 1210.363(b) of the Plan and section 1210.602(a) of the regulations. The language pertains to the conduct of referenda and is no longer applicable as a result of the Watermelon Research and Promotion Improvement Act of 1993, amendments to the Watermelon Research and Promotion Act. Lastly, section 1210.404(g) of the regulations, which references importer eligibility requirements, is amended to conform to language amending section 1210.363(b) of the Plan that has been approved in referendum. Executive Order 12866 and Executive Order 13563 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, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has been designated as a “non-significant regulatory action” under section 3(f) of Executive Order 12866. Accordingly, the Office of Management and Budget
(OMB)has waived the review process. Executive Order 13175 This action has been reviewed in accordance with the requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. The review revealed that this regulation will not have substantial and direct effects on Tribal governments and will not have significant Tribal implications. Executive Order 12988 In addition, this rule has been reviewed under Executive Order 12988, Civil Justice Reform. The rule is not intended to have retroactive effect. The Act allows producers, producer-packers, handlers, and importers to file a written petition with the Secretary of Agriculture (Secretary) if they believe that the Plan, any provision of the Plan, or any obligation imposed in connection with the Plan, is not established in accordance with the law. In any petition, the person may request a modification of the Plan or an exemption from the Plan. The petitioner will have the opportunity for a hearing on the petition. Afterwards, an Administrative Law Judge
(ALJ)will issue a decision. If the petitioner disagrees with the ALJ's ruling, the petitioner has 30 days to appeal to the Judicial Officer, who will issue a ruling on behalf of the Secretary. If the petitioner disagrees with the Secretary's ruling, the petitioner may file, within 20 days, an appeal in the U.S. District Court for the district where the petitioner resides or conducts business. Regulatory Flexibility Act and Paperwork Reduction Act In accordance with the Regulatory Flexibility Act
(RFA)[5 U.S.C. 601-612], AMS has examined the economic impact of this rule on the small producers, handlers, and importers affected by this rule. 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. The Small Business Administration defines, in 13 CFR part 121, small agricultural producers as those having annual receipts of no more than $750,000 and small agricultural service firms (handlers and importers) as those having annual receipts of no more than $7 million. Under these definitions, the majority of the producers, handlers, and importers affected by this rule would be considered small entities. Producers of fewer than 10 acres of watermelons are exempt from this program. Importers of less than 150,000 pounds of watermelons per year are also exempt. USDA's National Agricultural Statistics Service
(NASS)data for the 2012 crop year indicates that about 306 hundredweight (cwt.) of watermelons were produced per acre within the United States. The 2012 grower price published by NASS was $13.30 per hundredweight. Thus, the value of watermelon production per acre in 2012 averaged about $4,070 (306 cwt. × $13.30). At that average price, a producer would have to farm more than 184 acres to receive an annual income from watermelons of $750,000 ($750,000 divided by $4,070 per acre equals 184). Accordingly, as previously noted, a majority of the watermelon producers would be classified as small businesses. Based on the Board's data, using an average of the freight on board (f.o.b.) price of $.181 per pound and the number of pounds handled in 2012, none of the watermelon handlers had receipts greater than the $7 million threshold. Therefore, the watermelon handlers would all be considered small businesses. A handler would have to ship more than 38 million pounds of watermelons to be considered a large entity (38,674,033 times $.181 f.o.b. equals $7 million). According to the Board, there are approximately 950 producers, 230 handlers, and 137 importers who are required to pay assessments under the program. Based on the watermelon import assessments received for the year 2012, the United States imported watermelons worth over $237 million. The largest volume of watermelon imports came from Mexico, which accounted for 86 percent of the total volume in 2012. Other suppliers of imported watermelons are Guatemala—at 9 percent, and Honduras—at 2 percent. The remaining 3 percent of imported watermelons came from Costa Rica, Nicaragua, Canada, Dominican Republic, and Panama. Based on U.S. Customs and Border Protection (Customs) and Board data, it is estimated that there are about 201 importers of watermelon. Not all of these importers are required to pay assessments under the program. Using 2012 Customs data, all of the importers import less than $7.0 million worth of watermelon annually. Therefore, all of the watermelon importers would be considered small entities. The Board's audit records show import assessments for the calendar years 2010, 2011, and 2012 at $746,043, $855,890, and $824,897, respectively. Based on this data, the three-year average of import assessments for watermelon totals $808,943 ($2,426,830 divided by 3). This represents approximately 30 percent of the total assessments paid to the Board. Currently, the Board membership distribution consists of 14 producers, 14 handlers, 8 importers, and 1 public member. A final rule that increased the number of importers on the Board was published in the July 18, 2011, **Federal Register** [76 FR 42009]. The Watermelon Research and Promotion Improvement Act of 1993 amended the Watermelon Research and Promotion Act by adding importer members to the Board, among other things. At that time the industry recommended that an individual who both handles and imports watermelons may vote for importer members and serve as an importer member if that person imports 50 percent or more of the combined total volume of watermelons handled and imported by that person. A final rule was published in the **Federal Register** on February 28, 1995 [60 FR 10795] containing this and other amendments to the program. At the time of this amendment there was a more clear division of roles among producers, handlers, and importers. In other words, those individuals who imported watermelons did not cross over into handling or producing watermelons as much as they do now. Since then, the industry has become more consolidated. Of the 137 importers required to pay assessments, 42 also handle domestically produced watermelons and would be eligible to serve as either a handler or importer member. At its February 26, 2011, meeting, the Board voted unanimously to modify the importer eligibility requirements to serve on the Board. The Board is having difficulty finding eligible importers to serve on the Board because of the requirement in the Plan that a person who both imports and handles watermelons be counted as an importer only if that person imports 50 percent or more of the combined total volume of watermelons handled and imported by that person. The Board voted to eliminate the 50 percent or more requirement of the combined total volume of watermelons handled and imported by a person to allow more individuals to become eligible to serve on the Board as importer members. Individuals who both handle and import will be allowed to choose which part of the industry they wish to represent, regardless of the volume handled or imported. The industry believes that this change will increase importer representation on the Board by allowing more individuals to be eligible to serve. This action may also increase diversity on the Board. The Board considered a second alternative, which was to change the 50 percent or more of the combined total volume of watermelons handled and imported by the person to 25 percent or more of the combined total volume of watermelons handled and imported by the person. However, the Board did not choose this option because they wanted to allow more importers to be eligible for nomination on the Board and found this purpose better served if they eliminated the percentage requirement altogether. Eliminating the percentage requirement for the importer member will allow for smaller importer businesses to become eligible to serve as importer members on the Board. Additional revisions are made to remove unnecessary language in section 1210.363(b) of the Plan and section 1210.602(a) of the regulations. The language pertains to the conduct of referenda and is no longer applicable as a result of the Watermelon Research and Promotion Improvement Act of 1993 amendments to the Watermelon Research and Promotion Act. As well, section 1210.404(g) of the regulations, which references importer eligibility requirements, is amended to conform to language amending section 1210.363(b) of the Plan that has been approved in referendum. In accordance with the Office of Management and Budget
(OMB)regulation [5 CFR part 1320] that implements the Paperwork Reduction Act of 1995 [44 U.S.C. Chapter 35], the information collection and recordkeeping requirements that are imposed by the Plan have been approved previously and assigned OMB number 0581-0093, except that the Board member background questionnaire has been approved under OMB number 0505-0001. 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 programs. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. Additionally, the estimated numbers in the RFA represent the total universe of watermelon producers, handlers, and importers—not only those who were eligible to vote in the referendum. Background Under the Plan, the Board administers a nationally coordinated program of research, development, advertising, and promotion designed to strengthen the watermelon's position in the market place and to establish, maintain, and expand markets for watermelons. This program is financed by assessments on producers growing 10 acres or more of watermelons, handlers of watermelons, and importers of 150,000 pounds of watermelons or more per year. The Plan specifies that handlers are responsible for collecting and submitting both the producer and handler assessments to the Board, reporting their handling of watermelons, and maintaining records necessary to verify their reports. Importers are responsible for payment of assessments to the Board on watermelons imported into the United States through the U.S. Customs and Border Protection. This action has no impact on the assessment rates paid by producers, handlers, and importers. Membership on the Board consists of two producers and two handlers for each of the seven districts established by the Plan, at least one importer, and one public member. The Board currently consists of 37 members: 14 producers, 14 handlers, 8 importers, and 1 public member. A final rule to increase the number of importers on the Board was published in the July 18, 2011, **Federal Register** [76 FR 42009]. The Watermelon Research and Promotion Improvement Act of 1993 amended the Watermelon Research and Promotion Act by adding importer members to the Board, among other things. At that time the industry recommended that an individual who both handles and imports watermelons may vote for importer members and serve as an importer member only if that person imports 50 percent or more of the combined total volume of watermelons handled and imported by that person. A final rule was published in the **Federal Register** on February 28, 1995 [60 FR 10795], containing this and other amendments to the program. At the time of this amendment there was a more clear division of roles among producers, handlers, and importers. In other words, those individuals who imported watermelons did not cross over into handling or producing watermelons as much as they do now. Since then, the industry has become more consolidated. Of the 137 importers required to pay assessments, 42 also handle watermelons and would be eligible to serve as either a handler or importer member. At its February 26, 2011, meeting, the Board voted unanimously to modify the importer eligibility requirements to serve on the Board. The Board is having difficulty finding eligible importers to serve on the Board because of the requirement in the Plan that a person who both imports and handles watermelon is counted as an importer only if that person imports 50 percent or more of the combined total volume of watermelons handled and imported by that person. The Board voted to eliminate the 50 percent or more requirement of the combined total volume of watermelons handled and imported by a person to allow more individuals to become eligible to serve on the Board as importers. Individuals who both handle and import will be allowed to choose which part of the industry they wish to represent, regardless of the volume handled or imported. The Board believes that this change will increase the importer representation on the Board by allowing more individuals to be eligible to serve. This action may also increase diversity on the Board. Accordingly, this rule amends section 1210.321(d) of the Plan to specify that a person who both imports and handles watermelons may participate in the nomination process and serve on the Board as either an importer or handler, but not both. The change to this section was the only section voted on and approved in the referendum. Notwithstanding the discussion that appeared in the proposed rule published at 78 FR 64408, a conforming change is made to section 1210.404(g) in Subpart B—Nominating Procedures of Part 1210. This section also pertains to importer eligibility requirements for Board representation. Pursuant to Section 1654 of the Act, section 1210.363(b) is amended to remove language that no longer effectuates the purpose of the Act. Specifically, the sentences concerning counting votes as producer, handler, or importer votes based on volume are terminated in accordance with section 1654(a) of the Act. Section 1210.363(b) pertains to referenda to suspend or terminate the Plan or any provision thereof. The language removed did not affect the way the amendatory referendum was conducted or how the results were determined. A conforming change is made to section 1210.602(a) of Subpart D—Referendum Procedures of the Plan to remove similar language. This also no longer effectuates the purpose of the Act. The Department published the proposal for public comment in the February 13, 2013, **Federal Register** [78 FR 10104]. The comment period ended March 15, 2013. Sixteen comments were received by the deadline. These comments were discussed in the October 29, 2013, proposed rule published in the **Federal Register** [78 FR 64408], which included a referendum order. General Findings As previously mentioned, the Department conducted a referendum among eligible watermelon producers, handlers, and importers from January 13, 2014, through January 27, 2014, to determine whether they favor amending the Plan's importer member requirements to serve on the Board. The representative period for establishing voter eligibility was January 1, 2012, through December 31, 2012. Producers of 10 or more acres of watermelon, watermelon handlers, importers of 150,000 or more pounds of watermelons annually, and importers who import less than 150,000 pounds of watermelons annually and did not apply for and receive assessment reimbursements during the representative period were eligible to vote in the referendum. Additionally, eligible voters had to be currently engaged in the business of producing, handling or importing watermelons. Seventy-four percent of those voting favored the amendment to the Plan. After consideration of all relevant matters presented, including the Board's recommendation, the comments received, and the referendum results, it is hereby found that amending section 1210.321(d) of the Plan and section 1210.404 of the regulations will tend to effectuate the declared policy of the Act. It is further found that the sentences concerning counting votes as producer, handler, or importer votes in section 1210.363(b) of the Plan and in section 1210.602(a) of the regulations in Subpart D—Referendum Procedures, do not effectuate the declared policy of the Act, and they are hereby terminated. Additional Finding Pursuant to 5 U.S.C. 553, it is also found that good cause exists for not postponing the effective date of this action until 30 days after publication in the **Federal Register** because this action needs to be in effect as soon as possible to allow sufficient time for completion of the nomination process and appointments for the term of office beginning January 1, 2015. Further, the amendment was approved in a referendum of producers, handlers, and importers. List of Subjects in 7 CFR Part 1210 Administrative practice and procedure, Advertising, Consumer information, Marketing agreements, Reporting and recordkeeping requirements, Watermelon promotion. For the reasons set forth in the preamble, part 1210, Chapter XI of Title 7 is amended as follows: PART 1210—WATERMELON RESEARCH AND PROMOTION PLAN 1. The authority citation for 7 CFR part 1210 continues to read as follows: Authority: 7 U.S.C. 4901-4916 and 7 U.S.C. 7401. 2. In § 1210.321, paragraph
(d)is revised to read as follows: § 1210.321 Nomination and selection.
(d)Nominations for importer positions that become vacant may be made by mail ballot, nomination conventions, or by other means prescribed by the Secretary. The Board shall provide notice of such vacancies and the nomination process to all importers through press releases and any other available means as well as direct mailing to known importers. All importers may participate in the nomination process. A person who both imports and handles watermelons may participate in the nomination process and serve on the Board as either an importer or handler, but not both. 3. In § 1210.363, paragraph
(b)is revised to read as follows: § 1210.363 Suspension or termination.
(b)The Secretary may conduct a referendum at any time and shall hold a referendum on request of the Board or at least 10 percent of the combined total of the watermelon producers, handlers, and importers to determine if watermelon producers, handlers, and importers favor termination or suspension of this Plan. The Secretary shall suspend or terminate this Plan at the end of the marketing year whenever the Secretary determines that the suspension or termination is favored by a majority of the watermelon producers, handlers, and importers voting in such referendum who, during a representative period determined by the Secretary, have been engaged in the production, handling, or importing of watermelons and who produced, handled, or imported more than 50 percent of the combined total of the volume of watermelons produced, handled, or imported by those producers, handlers, and importers voting in the referendum. Any such referendum shall be conducted by mail ballot. 4. In § 1210.404, revise paragraph
(g)to read as follows: § 1210.404 Importer member nomination and selection.
(g)A person who both imports and handles watermelons may participate in the nomination process and serve on the Board as either an importer or handler, but not both. 5. In § 1210.602, paragraph
(a)is revised to read as follows: § 1210.602 Voting.
(a)Each person who is an eligible producer, handler, or importer as defined in this subpart, at the time of the referendum and who also was a producer, handler, or importer during the representative period, shall be entitled to one vote in the referendum: *Provided,* That each producer in a landlord-tenant relationship or a divided ownership arrangement involving totally independent entities cooperating only to produce watermelons in which more than one of the parties is a producer, shall be entitled to one vote in the referendum covering only that producer's share of the ownership. Dated: March 11, 2014. Rex A. Barnes, Associate Administrator. [FR Doc. 2014-07024 Filed 3-28-14; 8:45 am]
Connectionstraces to 6
5 references not yet in our index
- 7 CFR 1210
- 7 USC 4901-4916
- 5 USC 601-612
- 13 CFR 121
- 5 CFR 1320
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