Unknown. Final rule
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/register/2014/04/22/2014-09093A 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-2014-04-22.xml --- 79 77 Tuesday, April 22, 2014 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22497-22499 2014-09168 Agricultural Marketing Agricultural Marketing Service RULES Irish Potatoes Grown in Certain Designated Counties in Idaho, and Malheur County, OR: Decreased Assessment Rates, 22357-22359 2014-09093 Spearmint Oil Produced in the Far West:
Decreased Assessment Rate, 22359-22362 2014-09091 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22469-22471 2014-09087 2014-09088 2014-09089 Coast Guard Coast Guard RULES Drawbridge Operations: Delaware River, NJ, 22398 2014-09054 Jamaica Bay and Connecting Waterways, Queens, NY, 22395 2014-09064 Merrimack River, Groveland and Haverhill, MA, 22395-22396 2014-09065 Sacramento River, Sacramento, CA, 22396-22398 2014-09063 2014-09066 Snohomish River and Steamboat Slough, Everett and Marysville, WA, 22397 2014-09067 Safety Zones:
Chicago Harbor, Navy Pier Southeast, Chicago, IL, 22415 2014-09058 Eighth Coast Guard District Annual and Recurring Safety Zones Update, 22398-22413 2014-09061 Xterra Swim, Myrtle Beach, SC, 22413-22415 2014-09060 Special Local Regulations: Eighth Coast Guard District Annual and Recurring Marine Events Update, 22381-22395 2014-09062 PROPOSED RULES Navigation Areas: Slip 4 Early Action Area Superfund Site, Lower Duwamish Waterway; Seattle, WA, 22459-22462 2014-07834 Safety Zones:
Charleston Sharkfest Swim, Charleston, SC, 22462-22464 2014-09050 Swim Around Charleston; Charleston, SC, 22465-22467 2014-09057 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Defense Department Defense Department NOTICES Meetings: Defense Acquisition University Board of Visitors, 22480 2014-09055 Education Department Education Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: National Evaluation of the Technical Assistance and Dissemination Program; Grantee Questionnaire/Interview and State Survey Data Collection, 22480-22481 2014-09099 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Charter Renewals: Appliance Standards and Rulemaking Federal Advisory Committee, 22481 2014-09120 Meetings: Environmental Management Site-Specific Advisory Board, Northern New Mexico, 22481-22482 2014-09121 Environmental Management Site-Specific Advisory Board, Oak Ridge Reservation, 22482-22483 2014-09119 Environmental Management Site-Specific Advisory Board, Paducah, KY, 22482 2014-09122 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;
Approvals and Promulgations: Wisconsin; Redesignation of the Milwaukee-Racine 2006 24-Hour Fine Particle Nonattainment Area to Attainment, 22415-22418 2014-08613 Pesticide Tolerances: Linuron; Technical Correction, 22418-22419 2014-09010 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Underground Storage Tanks, Technical and Financial Requirements, and State Program Approval Procedures, 22487-22488 2014-09138 General Permits: National Science Foundation;
Ocean Disposal of Man-Made Ice Piers from its Base at McMurdo Sound in Antarctica, 22488-22492 2014-09136 Meetings: Clean Air Scientific Advisory Committee Ozone Review Panel; Correction, 22492 2014-09137 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Airplanes, 22364-22367 2014-08597 Ballonbau Worner GmbH Balloons, 22362-22364 2014-08072 British Aerospace Regional Aircraft Airplanes, 22367-22369 2014-08142 Centrair Gliders, 22369-22371 2014-08074 PROPOSED RULES Establishment of Class E Airspace:
Memphis, MO, 22458-22459 2014-09157 Steele, MO, 22457-22458 2014-09158 Federal Bureau Federal Bureau of Investigation NOTICES Meetings: Criminal Justice Information Services Advisory Policy Board, 22534 2014-09115 Federal Communications Federal Communications Commission NOTICES Meetings; Sunshine Act, 22492-22493 2014-09151 Federal Emergency Federal Emergency Management Agency NOTICES Fire Prevention and Safety Grants: Assistance to Firefighters Grant Program, 22511-22517 2014-09179 Flood Hazard Determinations;
Changes, 22517-22519 2014-09184 Federal Energy Federal Energy Regulatory Commission NOTICES Authorizations; Continued Project Operations: The Loup River Hydroelectric Project; Loup River Public Power District, Nance and Platte Counties, NE, 22483 2014-09069 Combined Filings, 22483-22485 2014-09112 2014-09113 2014-09114 License Applications and Requests to Use the Traditional Licensing Process: The City of Holyoke Gas & Electric Department, Hampden County, Holyoke, MA, 22485-22486 2014-09068 2014-09071 Preliminary Permit Applications:
Pacific Gas and Electric Company, 22486-22487 2014-09070 Federal Maritime Federal Maritime Commission NOTICES Ocean Transportation Intermediary License Applicants, 22493-22494 2014-09097 Ocean Transportation Intermediary License Revocations and Terminations, 22494-22495 2014-09098 Federal Motor Federal Motor Carrier Safety Administration PROPOSED RULES Commercial Driver's License Drug and Alcohol Clearinghouse, 22467-22468 2014-09143 NOTICES Hours of Service of Drivers; Exemptions, 22571-22573 2014-09104 Qualification of Drivers;
Exemption Applications: Diabetes Mellitus, 22573-22582 2014-09110 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22582-22583 2014-09086 Federal Reserve Federal Reserve System NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 22495-22496 2014-09107 Federal Retirement Federal Retirement Thrift Investment Board PROPOSED RULES Privacy Act and Freedom of Information Act Requests, 22454-22455 2014-08967 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, 22496-22497 2014-09173 Financial Crimes Financial Crimes Enforcement Network NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Renewal without Change of the FinCEN Form 8300, 22584 2014-09032 Fiscal Fiscal Service NOTICES Surety Companies Acceptable on Federal Bonds: Pacific Employers Insurance Co.; Termination, 22585 2014-09170 Fish Fish and Wildlife Service NOTICES Guidance for Industry and Staff:
Friends Policy, 22528-22529 2014-09092 Food and Drug Food and Drug Administration NOTICES Meetings: Postmarketing Requirements for the Class-Wide Extended-Release/Long-Acting Opioid Analgesics, 22499-22501 2014-09123 New Drug Applications: Eli Lilly and Co., et al.; Withdrawals, 22501-22502 2014-09124 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking or Persons and Property: Five Individuals and Ten Entities; Foreign Narcotics Kingpin Designation Act, 22585-22587 2014-09105 Forest Forest Service NOTICES Funding Availability:
Statewide Wood Energy Teams Cooperative Agreement; Wood to Energy Grant, 22471-22476 2014-08778 Meetings: Resource Advisory Committee; Siskiyou, OR, 22476-22477 2014-09100 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Delegations of Authority: Food and Drug Administration, 22497 2014-09033 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 22502-22505 2014-09186 2014-09193 Health Center Program, 22505-22506 2014-09132 Low Income Levels Used for Various Health Professions and Nursing Programs, 22506-22507 2014-09131 Meetings: Advisory Committee on Organ Transplantation, 22507 2014-09187 Healthcare Research and Quality Agency See Agency for Healthcare Research and Quality Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Funding Awards:
Fair Housing Initiatives Program Fiscal Year 2013, 22523-22528 2014-09174 Industry Industry and Security Bureau NOTICES Meetings: Materials Processing Equipment Technical Advisory Committee, 22477 2014-09082 Materials Technical Advisory Committee, 22477-22478 2014-09083 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Reclamation Bureau Internal Revenue Internal Revenue Service RULES Withholding of Tax on Certain U.S. Source Income Paid to Foreign Persons, Information Reporting and Backup Withholding on Payments Made to Certain U.S.
Persons, etc.: Corrections, 22378-22381 2014-09161 International Trade Adm International Trade Administration RULES Non-Application of Previously Withdrawn Regulatory Provisions Governing Targeted Dumping in Antidumping Duty Investigations, 22371-22378 2014-08186 NOTICES Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Circular Welded Non-Alloy Steel Pipe from the Republic of Korea, 22478-22479 2014-09130 International Trade Com International Trade Commission NOTICES Antidumping and Countervailing Duty Investigations;
Results, Extensions, Amendments, etc.: Small Diameter Graphite Electrodes from China; Expedited Five-Year Review, 22531 2014-09081 Investigations; Terminations, Modifications and Rulings, etc.: Economic Effect of Providing Duty-Free Treatment for Imports, 22531-22532 2014-09125 U.S. Environmental Goods Trade, 22532-22533 2014-09128 Justice Department Justice Department See Federal Bureau of Investigation NOTICES Meetings: National Commission on Forensic Science, 22533-22534 2014-09101 Labor Department Labor Department See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Ethylene Oxide Standard, 22534-22535 2014-09037 Land Land Management Bureau NOTICES Records of Decisions: San Diego Gas & Electric Ocotillo Sol Solar Project and California Desert Conservation Area Plan Amendment, Imperial County, CA, 22529-22530 2014-09139 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22553-22555 2014-09046 2014-09133 National Institute National Institutes of Health NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Social Security Administration - National Institutes of Health Collaboration to Improve the Disability Determination Process, etc., 22507-22508 2014-09177 Meetings: Center for Scientific Review, 22509 2014-09043 National Cancer Institute, 22510-22511 2014-09038 National Human Genome Research Institute, 22510 2014-09042 National Institute of Dental and Craniofacial Research, 22509-22510 2014-09041 National Institute of Environmental Health Sciences, 22509 2014-09039 National Institute of Mental Health, 22508-22509 2014-09040 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States:
Northeast Groundfish Fishery; Fishing Year 2014; Recreational Management Measures, 22419-22421 2014-09140 Northeast Groundfish Fishery; Framework Adjustment 51, 22421-22449 2014-09135 Fisheries Off West Coast States: Coastal Pelagic Species Fisheries; Annual Specifications, 22449-22453 2014-09180 NOTICES Applications: Endangered Species; File No. 18526, 22479 2014-09134 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings: First Responder Network Authority Finance Committee, 22479-22480 2014-09185 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Performance-Based Emergency Core Cooling Systems:
Cladding Acceptance Criteria, 22456-22457 2014-09159 NOTICES Atomic Safety and Licensing Board; Establishment: Aerotest Operations, Inc., Aerotest Radiography and Research Reactor, 22555 2014-09160 Meetings: Advisory Committee on Reactor Safeguards, Subcommittee on Digital I and C, 22555 2014-09153 Advisory Committee on Reactor Safeguards, Subcommittee on Planning and Procedures, 22556 2014-09141 Advisory Committee on Reactor Safeguards, Subcommittee on Plant License Renewal, 22556-22557 2014-09156 Advisory Committee on Reactor Safeguards, Subcommittee on Radiation Protection and Nuclear Materials, 22556 2014-09144 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Nationally Recognized Testing Laboratories:
Curtis-Straus LLC, 22535-22547 2014-09072 NSF International, 22547-22548 2014-09074 Underwriters Laboratories Inc., 22548-22550 2014-09075 Revocations of Permanent Variances Granted for Chimney Construction, 22550-22553 2014-09073 Public Debt Public Debt Bureau See Fiscal Service Reclamation Reclamation Bureau NOTICES Environmental Impact Statements; Availability, etc.: Proposed North Valley Regional Recycled Water Program; Scoping Meeting, 22530-22531 2014-09085 Securities Securities and Exchange Commission NOTICES Meetings;
Sunshine Act, 22557 2014-09213 Self-Regulatory Organizations; Proposed Rule Changes: BOX Options Exchange LLC, 22561-22563 2014-09077 Chicago Stock Exchange, Inc., 22557-22558 2014-09078 NASDAQ OMX BX, Inc., 22565-22568 2014-09079 NYSE MKT LLC, 22558-22561, 22563-22565 2014-09076 2014-09080 Small Business Small Business Administration NOTICES Small Business Investment Company Program: Model Form of Agreement of Limited Partnership for Company Issuing Debentures Only, 22568-22569 2014-09182 Social Social Security Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 22569-22570 2014-09095 State Department State Department NOTICES Certifications Pursuant to Public Law; Correction, 22570 2014-09171 Culturally Significant Objects Imported for Exhibition: Turner and the Sea, 22570-22571 2014-09127 Requests for Expert Reviewers: Intergovernmental Panel on Climate Change Second Order Draft Synthesis Report; Fifth Assessment, 22571 2014-09126 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration Treasury Treasury Department See Financial Crimes Enforcement Network See Fiscal Service See Foreign Assets Control Office See Internal Revenue Service NOTICES Meetings:
Debt Management Advisory Committee, 22583-22584 2014-09052 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application to Pay Off or Discharge an Alien Crewman, 22521 2014-09164 Bonded Warehouse Regulations, 22520-22521 2014-09166 Declaration of Person Who Performed Repairs, 22519 2014-09169 Entry Summary, 22519-22520 2014-09167 Quarterly IRS Interest Rates Used In Calculating Interest: Overdue Accounts and Refunds On Customs Duties, 22521-22523 2014-09163 Veteran Affairs Veterans Affairs Department NOTICES Meetings:
Advisory Committee on Former Prisoners of War, 22587 2014-09162 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 77 Tuesday, April 22, 2014 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 945 [Doc.
No. AMS-FV-13-0093; FV14-945-1 FR] Irish Potatoes Grown in Certain Designated Counties in Idaho, and Malheur County, Oregon; Decreased Assessment Rate AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This rule decreases the assessment rate established for the Idaho-Eastern Oregon Potato Committee (Committee) for the 2014-2015 and subsequent fiscal periods from $0.0045 to $0.0025 per hundredweight of potatoes handled. The Committee locally administers the marketing order which regulates the handling of potatoes grown in certain designated counties in Idaho, and Malheur County, Oregon.
Assessments upon potato handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. DATES: Effective August 1, 2014. FOR FURTHER INFORMATION CONTACT: Sue Coleman, Marketing Specialist, or Gary D. Olson, Regional Director, Northwest Marketing Field Office, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA;
Telephone:
(503)326-2724, Fax:
(503)326-7440, or Email: *Sue.Coleman@ams.usda.gov* or *GaryD.Olson@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 No. 98 and Order No. 945, both as amended (7 CFR part 945), regulating the handling of Irish potatoes grown in certain designated counties in Idaho, and Malheur County, Oregon, hereinafter referred to as the “order.” The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” The Department of Agriculture
(USDA)is issuing this rule in conformance with Executive Orders 12866, 13563, and 13175. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the marketing order now in effect, Idaho-Eastern Oregon potato 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 potatoes beginning August 1, 2014, and continue until amended, suspended, or terminated. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. Such handler is afforded the opportunity for a hearing on the petition. After the hearing, USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This rule decreases the assessment rate established for the Committee for the 2014-2015 and subsequent fiscal periods from $0.0045 to $0.0025 per hundredweight of potatoes handled. The Idaho-Eastern Oregon potato 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 Idaho-Eastern Oregon potatoes. They are familiar with the Committee's needs and with the costs for goods and services in their local area and are thus in a position to formulate an appropriate budget and assessment rate. The assessment rate is formulated and discussed in a public meeting. Thus, all directly affected persons have an opportunity to participate and provide input. For the 2013-2014 and subsequent fiscal periods, the Committee recommended, and USDA approved, an assessment rate that would continue in effect from fiscal period to fiscal period unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the Committee or other information available to USDA. The Committee met on November 21, 2013, to consider the Committee's projected 2014-2015 budget, the size of the Committee's operating reserve, and the order's continuing assessment rate. The Committee unanimously recommended an assessment rate of $0.0025 per hundredweight of potatoes for the 2014-2015 fiscal period. The assessment rate of $0.0025 is $0.002 lower than the rate currently in effect. The assessment rate decrease is necessary to reduce the funds held in reserve to less than approximately one fiscal period's budgeted expenses, the maximum level allowed by the order. The Committee expects to recommend budgeted expenditures of $112,883 for the 2014-2015 fiscal period at its next scheduled meeting in June of 2014. In comparison, 2013-2014 budgeted expenditures were $101,662. The major expenditures projected by the Committee for the 2014-2015 fiscal period include $62,743 for administrative expenses, $35,140 for travel/office expenses, and $15,000 for a marketing order contingency fund. Budgeted expenses for these items in 2013-2014 were $62,022, $35,640, and $4,000, respectively. The assessment rate recommended by the Committee was derived by dividing anticipated expenses by expected shipments of Idaho-Eastern Oregon potatoes. Potato shipments for 2014-2015 are estimated at 32 million hundredweight, which should provide $80,000 in assessment income. Income derived from handler assessments, along with reimbursed expenses, interest earned, and funds from the Committee's authorized reserve, would be adequate to cover budgeted expenses. Funds in the reserve (projected to be $168,084 on July 31, 2014) will be reduced to comply with the maximum permitted by the order of approximately one fiscal period's expenses. 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 will be in effect for an indefinite period, the Committee will continue to meet prior to or during each fiscal period 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 2014-2015 budget and those for subsequent fiscal periods would be reviewed and, as appropriate, approved by USDA. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act
(RFA)(5 U.S.C. 601-612), the Agricultural Marketing Service
(AMS)has considered the economic impact of this rule on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. There are approximately 450 producers of potatoes in the production area and approximately 32 handlers subject to regulation under the marketing order. Small agricultural producers are defined by the Small Business Administration (13 CFR 121.201) as those having annual receipts less than $750,000, and small agricultural service firms are defined as those whose annual receipts are less than $7,000,000. During the 2012-2013 fiscal period, the most recent for which statistics are available, 35,148,900 hundredweight of Idaho-Eastern Oregon potatoes were inspected under the order and sold into the fresh market. Based on information provided by the National Agricultural Statistics Service, the average producer price for the 2012 Idaho potato crop was $6.55 per hundredweight. Multiplying $6.55 by the shipment quantity of 35,148,900 hundredweight yields an annual crop revenue estimate of $230,225,295. The average annual fresh potato revenue for each of the 450 producers is therefore calculated to be $511,612 ($230,225,295 divided by 450), which is less than the Small Business Administration threshold of $750,000. Consequently, on average, most all of the Idaho-Eastern Oregon potato producers may be classified as small entities. In addition, based on information reported by USDA's Market News Service, the average f.o.b. shipping point price for the 2012 Idaho potato crop was $5.87 per hundredweight. Multiplying $5.87 by the shipment quantity of 35,148,900 hundredweight yields an annual crop revenue estimate of $206,324,043. The average annual fresh potato revenue for each of the 32 handlers is therefore calculated to be $6,447,626 ($206,324,043 divided by 32), which is less than the Small Business Administration threshold of $7,000,000. Consequently, on average, most all of the Idaho-Eastern Oregon potato handlers may be classified as small entities. This rule decreases the assessment rate established for the Committee and collected from handlers for the 2014-2015 and subsequent fiscal periods from $0.0045 to $0.0025 per hundredweight of potatoes handled. The Committee unanimously recommended an assessment rate of $0.0025 per hundredweight of potatoes for the 2014-2015 fiscal period. The assessment rate of $0.0025 is $0.002 lower than the 2013-2014 rate. The quantity of assessable potatoes for the 2014-2015 fiscal period is estimated at 32 million hundredweight. Thus, the $0.0025 rate should provide $80,000 in assessment income. Income derived from handler assessments, along with reimbursed expenses, interest earned, and funds from the Committee's authorized reserve, would be adequate to cover budgeted expenses. The Committee expects to recommend $112,883 in budgeted expenditures for the 2014-2015 fiscal period at its next scheduled meeting in June of 2014. In comparison, 2013-2014 budgeted expenditures were $101,662. The major expenditures projected by the Committee for the 2014-2015 year include $62,743 for administrative expenses, $35,140 for travel/office expenses, and $15,000 for the marketing order contingency fund. Budgeted expenses for these items in 2013-2014 were $62,022, $35,640, and $4,000, respectively. The lower assessment rate is necessary to reduce the reserve balance to less than approximately one fiscal period's budgeted expenses. The reserve balance on July 31, 2014, is projected to be $168,084. Assessment income for the 2014-2015 fiscal period is estimated at $80,000, while expenses are estimated at $112,883. The Committee anticipates compensating for the reduced assessment revenue with $4,300 from reimbursed expenses, $100 from interest income, and $28,483 from its reserve fund. The reserve fund is projected to exceed the maximum authorized level by $26,718 at the end of the 2014-2015 fiscal period. However, it was noted that it is possible that the Committee may receive less assessments than estimated, as well as incur unanticipated expenses. In addition, the Committee expects to draw funds from the reserve in subsequent fiscal periods that would further reduce the balance. The Committee discussed alternatives to this action, including other assessment rate levels and leaving the current rate in place. Prior to arriving at this assessment rate recommendation, the Committee considered information from the Board's Executive Committee on the cost savings that have resulted from recent administrative changes in the Committee office and the level of anticipated Committee expenses moving forward. The Committee debated between an assessment rate of $0.003 and $0.0025 per hundredweight of potatoes. Based on the market and shipping quantities, the Committee recommended the rate of $0.0025 per hundredweight. The Committee believes assessment income combined with funds from reimbursed expenses, interest income, and funds from the Committee's financial reserve would provide sufficient funds to meet its expenses. A review of historical information and preliminary information pertaining to the upcoming fiscal period indicates that the producer price for the 2014- 2015 crop could range between $6.55 and $8.10 per hundredweight of potatoes. Therefore, the estimated assessment revenue for the 2014-2015 fiscal period as a percentage of total producer revenue could range between 0.03 and 0.04 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. As such, the decreased assessment rate will reduce the burden on handlers and may reduce the burden on producers. In addition, the Committee's meeting was widely publicized throughout the Idaho-Eastern Oregon potato industry and all interested persons were invited to attend the meeting and participate in Committee deliberations on all issues. Like all Committee meetings, the November 21, 2013, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the order's information collection requirements have been previously approved by the Office of Management and Budget
(OMB)and assigned OMB No. 0581-0178 (Generic Vegetable and Specialty Crops). 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 rule imposes no additional reporting or recordkeeping requirements on either small or large Idaho-Eastern Oregon potato 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. As noted in the initial regulatory flexibility analysis, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this final rule. 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. A proposed rule concerning this action was published in the **Federal Register** on February 25, 2014 (79 FR 10423). Copies of the proposed rule were distributed to all Idaho-Eastern Oregon potato handlers, Committee members, and media. Finally, the proposal was made available through the internet by USDA and the Office of the **Federal Register** . A 30-day comment period ending March 27, 2014, was provided for interested persons to respond to the proposal. No comments were received. 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. List of Subjects in 7 CFR Part 945 Marketing agreements, Potatoes, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 945 is amended as follows: PART 945—IRISH POTATOES GROWN IN CERTAIN DESIGNATED COUNTIES IN IDAHO, AND MALHEUR COUNTY, OREGON 1. The authority citation for 7 CFR part 945 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. Section 945.249 is revised to read as follows: § 945.249 Assessment rate. On and after August 1, 2014, an assessment rate of $0.0025 per hundredweight is established for Idaho-Eastern Oregon potatoes. Dated: April 16, 2014. Rex A. Barnes, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2014-09093 Filed 4-21-14; 8:45 am]
Connectionstraces to 2
3 references not yet in our index
- 7 CFR 945
- 7 USC 601-674
- 5 USC 601-612
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