Unknown. Final rule
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/register/2016/07/11/2016-16330A 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-2016-07-11.xml --- 81 132 Monday, July 11, 2016 Contents Agricultural Marketing Agricultural Marketing Service RULES Marketing Orders: Grapes Grown in a Designated Area of Southeastern California, 44759-44761 2016-16330 Raisins Produced from Grapes Grown in California, 44761-44764 2016-16335 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service NOTICES Meetings:
Council for Native American Farming and Ranching, 44838 2016-16320 Animal Animal and Plant Health Inspection Service PROPOSED RULES Importation of Lemons from Northwest Argentina, 44801 2016-16363 Consumer Financial Protection Bureau of Consumer Financial Protection RULES Equal Credit Opportunity Act (Regulation B); CFR Correction, 44764 2016-16301 PROPOSED RULES Annual Privacy Notice Requirement under the Gramm-Leach-Bliley Act (Regulation P), 44801-44812 2016-16132 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 44865-44867 2016-16297 2016-16298 Non-Exclusive Licenses; Availability: Hosting and Maintaining the Buy Quiet Web Tool and the Database of Noise Levels for Machinery and Power Tools, 44864-44865 2016-16267 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44867 2016-16221 Coast Guard Coast Guard PROPOSED RULES Safety Zones: Daytona Beach Wings and Waves Air Show;
Atlantic Ocean, Daytona Beach, FL, 44825-44827 2016-16331 Special Local Regulations: Bucksport/Lake Murray Drag Boat Fall Nationals, Atlantic Intracoastal Waterway, Bucksport, SC, 44815-44817 2016-16333 Tankers--Automatic Pilot Systems in Waters, 44817-44825 2016-15791 NOTICES Meetings: Merchant Marine Personnel Advisory Committee, 44888-44889 2016-16332 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Final Damage Assessment and Restoration Plan and Environmental Assessment:
Tank Barge DBL 152 Oil Spill in the Gulf of Mexico, 44839-44840 2016-16357 Copyright Royalty Board Copyright Royalty Board NOTICES Distribution of 2013 Digital Audio Recording Royalty Funds, 44897-44898 2016-16336 Defense Department Defense Department NOTICES Meetings: Board of Regents, Uniformed Services University of the Health Sciences, 44849-44850 2016-16228 Education Department Education Department PROPOSED RULES Elementary and Secondary Education Act, as Amended by the Every Student Succeeds Act—Innovative Assessment Demonstration Authority, 44958-44979 2016-16125 Title I—Improving the Academic Achievement of the Disadvantaged—Academic Assessments, 44928-44955 2016-16124 Employee Benefits Employee Benefits Security Administration RULES Prohibited Transaction Exemptions:
Best Interest Contract Exemption; Correction, 44773-44784 2016-16355 Class Exemption for Principal Transactions in Certain Assets between Investment Advice Fiduciaries and Employee Benefit Plans and IRAs; Correction, 44784-44792 2016-16354 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Requests for Nominations: Appliance Standards and Rulemaking Federal Advisory Committee, 44850-44851 2016-16194 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;
Approvals and Promulgations: Iowa; Polk County Board of Health Rules and Regulations, Chapter V, Revisions, 44795-44797 2016-16262 Significant New Use Rules on Certain Chemical Substances; Correction, 44797-44798 2016-15728 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Georgia; Air Plan Approval; Prong 4-2008 Ozone, 2010 NO2, SO2, and 2012 PM2.5, 44831-44837 2016-16001 Approval and Promulgation of Air Quality Implementation Plans: Kansas;
Infrastructure SIP Requirements for the 2012 Annual Fine Particulate Matter National Ambient Air Quality Standards, 44830-44831 2016-16259 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Compliance Assurance Monitoring Program, 44860-44861 2016-16347 Federal Aviation Federal Aviation Administration RULES Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures, 44765-44770 2016-15989 2016-15990 PROPOSED RULES Airworthiness Directives:
Airbus Airplanes, 44812-44815 2016-16210 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44861-44862 2016-16276 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44862-44863 2016-16339 Terminations of Receivership: Community National Bank, Bartow, FL, 44862 2016-16305 DuPage National Bank, West Chicago, IL, 44863-44864 2016-16302 Eastside Commercial Bank, Conyers, GA, 44863 2016-16306 McIntosh Commercial Bank, Carrollton, GA, 44862 2016-16303 Olde Cypress Community Bank, Clewiston, FL, 44863 2016-16304 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 44851-44860 2016-16237 2016-16238 2016-16239 2016-16240 2016-16242 2016-16243 2016-16340 2016-16341 Environmental Assessments;
Availability, etc.: ANR Pipeline Co., Collierville Expansion Project; Environmental Review, 44854 2016-16236 Tennessee Gas Pipeline Co., LLC; Environmental Review, 44855-44856 2016-16235 Federal Motor Federal Motor Carrier Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Driver Qualification Files, 44917-44918 2016-16313 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 44864 2016-16319 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 44864 2016-16318 Food and Drug Food and Drug Administration RULES Medical Devices:
Neurological Devices; Classification of the Thermal System for Insomnia, 44771-44773 2016-16351 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44875 2016-16349 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Current Good Manufacturing Practice for Positron Emission Tomography Drugs, 44876-44878 2016-16360 General Licensing Provisions: Biologics License Application, Changes to an Approved Application, Labeling, Revocation and Suspension, Postmarketing Studies Status Reports, and Form FDA 356h, 44868-44872 2016-16352 Guidance:
Compounded Drug Products that are Essentially Copies of Approved Drug Products under the Federal Food, Drug, and Cosmetic Act, 44879-44881 2016-16362 Compounded Drug Products that are Essentially Copies of Commercially Available Drug Products under the Federal Food, Drug, and Cosmetic Act, 44881-44883 2016-16361 Information to Support a Claim of Electromagnetic Compatibility of Electrically-Powered Medical Device, 44873-44875 2016-16350 Updating Abbreviated New Drug Application Labeling after the Marketing Application for the Reference Listed Drug Has Been Withdrawn, 44883-44885 2016-16157 Meetings:
Controlling the Progression of Myopia: Contact Lenses and Future Medical Devices; Public Workshop, 44872-44873 2016-16353 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activities; Authorizations: Xerox Corp., Subzone 141B, Foreign-Trade Zone 141, Monroe County, NY, 44840 2016-16375 Forest Forest Service NOTICES Meetings: Wrangell-Petersburg Resource Advisory Committee, 44838-44839 2016-16292 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Indian Health Service See Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 44885 2016-16300 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: License for the Use of Personally Identifiable Information Protected under the E-Government Act and the Privacy Act, 44891-44892 2016-16344 HUD Held Healthcare Loan Sale, 44892-44893 2016-16258 Indian Health Indian Health Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Indian Health Service Medical Staff Credentials and Privileges Files, 44885-44887 2016-16207 Industry Industry and Security Bureau RULES Statements of Legal Authority for the Export Administration Regulations, 44770-44771 2016-16365 Interior Interior Department See National Park Service International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Boltless Steel Shelving Units Prepackaged for Sale from the People's Republic of China, 44843-44844 2016-16443 Export Trade Certificate of Reviews:
Aerospace Industries Association of America, Inc., 44841-44843 2016-16293 Renewable Energy and Energy Efficiency Business Directory Survey, 44840-44841 2016-16257 Justice Department Justice Department NOTICES Consent Decrees under CERCLA, 44896 2016-16294 Labor Department Labor Department See Employee Benefits Security Administration Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 44896-44897 2016-16432 Library Library of Congress See Copyright Royalty Board Maritime Maritime Administration NOTICES Requests for Administrative Waivers of the Coastwise Trade Laws:
Vessel GAMETIME, 44918-44919 2016-16315 Vessel MICHELINE, 44920 2016-16264 Vessel OH JOY II, 44921-44922 2016-16263 Vessel PURRFECT GETAWAY, 44920-44921 2016-16317 Vessel SANDPIPER, 44919 2016-16261 Vessel WALKABOUT, 44921 2016-16314 National Endowment for the Arts National Endowment for the Arts NOTICES Fiscal Year 2015 Service Contract Inventory, 44898 2016-16280 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Arts National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species:
Commercial Aggregated Large Coastal Shark and Hammerhead Shark Management Group Retention Limit Adjustment, 44798-44800 2016-16299 NOTICES Meetings: North Pacific Fishery Management Council, 44844-44845 2016-16308 South Atlantic Fishery Management Council, 44845 2016-16356 National Park National Park Service NOTICES Inventory Completions: Texas Archeological Research Laboratory, Austin, TX, 44893-44896 2016-16277 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings;
Sunshine Act, 44898 2016-16422 Patent Patent and Trademark Office NOTICES Post-Prosecution Pilot Program, 44845-44849 2016-16423 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Deferred or Postponed Retirement— Federal Employees Retirement System, 44900 2016-16325 Application for Refund of Retirement Deductions and Current/Former Spouse's Notification of Application for Refund of Retirement Deductions under the Civil Service Retirement System, 44901 2016-16326 Application for Refund of Retirement Deductions/FERS and Current/Former Spouse(s) Notification of Application for Refund of Retirement Deductions under FERS, 44899-44900 2016-16329 Death Benefit Payment Rollover Election, 44898-44899 2016-16328 Survivor Annuity Election for a Spouse;
Cover Letter Giving Information about the Cost to Elect Less than the Maximum Survivor Annuity; Cover Letter Giving Information about the Cost to Elect the Maximum Survivor Annuity, 44900-44901 2016-16327 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Hazardous Materials: Actions on Special Permit Applications, 44922-44923 2016-16068 Delayed Applications, 44922 2016-16070 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 44902 2016-16233 Railroad Retirement Railroad Retirement Board NOTICES Meetings;
Sunshine Act, 44902 2016-16404 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44903 2016-16192 Meetings: Investor Advisory Committee; Correction, 44903 2016-16311 Self-Regulatory Organizations; Proposed Rule Changes: Bats BZX Exchange, Inc., 44903-44907 2016-16270 NASDAQ Stock Market, LLC, 44902-44903, 44907 2016-16269 2016-16271 New York Stock Exchange, LLC, 44907-44910 2016-16272 Small Business Small Business Administration NOTICES Actions Subject to Intergovernmental Review, 44910-44914 2016-16290 2016-16291 Disaster Declarations:
Texas; Amendment 1, 44915 2016-16288 Texas; Amendment 2, 44914, 44916 2016-16285 2016-16289 Texas; Amendment 3, 44912, 44915 2016-16284 2016-16286 Texas; Amendment 4, 44912 2016-16287 West Virginia, 44915-44916 2016-16281 West Virginia; Amendment 1, 44915 2016-16282 West Virginia; Amendment 2, 44912-44913 2016-16283 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44887-44888 2016-16312 Meetings:
Center for Substance Abuse Prevention, 44887 2016-16358 Susquehanna Susquehanna River Basin Commission NOTICES Projects Approved for Consumptive Uses of Water, 44916-44917 2016-16324 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Maritime Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department NOTICES Interest Rate Paid on Cash Deposited to Secure U.S.
Immigration and Customs Enforcement Immigration Bonds, 44926 2016-16342 Meetings: Financial Research Advisory Committee, 44923 2016-16343 Privacy Act; Systems of Records, 44924-44926 2016-16128 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Immigrant Petition by Alien Entrepreneur, 44890-44891 2016-16279 Customs U.S. Customs and Border Protection NOTICES Meetings: Commercial Customs Operations Advisory Committee, 44889-44890 2016-16359 Veteran Affairs Veterans Affairs Department RULES Authority to Solicit Gifts and Donations, 44792-44795 2016-16234 PROPOSED RULES Authority to Solicit Gifts and Donations, 44827-44830 2016-16232 Separate Parts In This Issue Part II Education Department, 44928-44955 2016-16124 Part III Education Department, 44958-44979 2016-16125 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, 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. 81 132 Monday, July 11, 2016 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 925 [Doc. No. AMS-FV-14-0049; FV14-925-3] Grapes Grown in a Designated Area of Southeastern California; Order Amending Marketing Order 925 AGENCY:
Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This final rule amends Marketing Agreement and Order No. 925 (order), which regulates the handling of table grapes grown in a designated area of southeastern California. The amendments approved by producers in the referendum were proposed by the California Desert Grape Administrative Committee (Committee), which is responsible for the local administration of the order. The new amendments to the order will increase term lengths for Committee members and alternates from one to four fiscal periods and allow new members and alternates to agree to accept their nominations prior to selection by the Secretary.
These amendments are intended to increase the Committee's effectiveness and bolster industry participation in Committee activities. The amendment proposed by the Agricultural Marketing Service
(AMS)that would add authority for periodic continuance referenda was not approved in the referendum. DATES: This rule is effective August 10, 2016. FOR FURTHER INFORMATION CONTACT: Geronimo Quinones, Marketing Specialist, or Michelle P. Sharrow, Rulemaking Branch Chief, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., Stop 0237, Washington, DC 20250-0237; Telephone:
(202)720-2491, Fax:
(202)720-8938, or Email: *Geronimo.Quinones@ams.usda.gov* or *Michelle.Sharrow@ams.usda.gov.* Small businesses may request information on complying with this regulation by contacting Antoinette Carter, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone:
(202)720-2491, Fax:
(202)720-8938, or Email: *Antoinette.Carter@ams.usda.gov.* SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Agreement and Order No. 925, both as amended (7 CFR part 925), regulating the handling of table grapes grown in a designated area of southeastern 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 applicable rules of practice and procedure governing the formulation of marketing agreements and orders (7 CFR part 900) authorize amendment of the order through this informal rulemaking action. 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. This rule is not intended to have retroactive effect. This rule shall not be deemed to preclude, preempt, or supersede any State program covering table grapes grown in southeastern California. 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. A 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. Section 1504 of the Food, Conservation, and Energy Act of 2008 (2008 Farm Bill) (Pub. L. 110-246) amended section 18c(17) of the Act, which in turn required the addition of supplemental rules of practice to 7 CFR part 900 (73 FR 49307; August 21, 2008). The amendment of section 18c(17) of the Act and additional supplemental rules of practice authorize the use of informal rulemaking (5 U.S.C. 553) to amend Federal fruit, vegetable, and nut marketing agreements and orders. USDA may use informal rulemaking to amend marketing orders based on the nature and complexity of the proposed amendments, the potential regulatory and economic impacts on affected entities, and any other relevant matters. AMS considered the nature and complexity of the proposed amendments, the potential regulatory and economic impacts on affected entities, and other relevant matters, and determined that amending the order as proposed by the Committee could appropriately be accomplished through informal rulemaking. The proposed amendments were unanimously recommended by the Committee following deliberations at a public meeting held on November 5, 2013. A proposed rule soliciting comments on the proposed amendments was issued on June 1, 2015, and published in the **Federal Register** on June 5, 2015 (80 FR 32043). No comments were received. A proposed rule and referendum order was issued on October 1, 2015, and published in the **Federal Register** on October 7, 2015 (80 FR 60570). This document directed that a referendum among table grape producers be conducted during the period of January 21, 2016 through February 4, 2016, to determine whether they favor the proposed amendments to the order. To become effective, the amendments had to be approved by at least two-thirds of the producers voting, or two-thirds of the volume of table grapes represented by voters in the referendum. The amendments to increase the length of the term of office for members and to allow members to accept their nominations prior to selection, which were recommended by the Committee were favored by 100 percent of the growers voting in the referendum. The number of votes on the third amendment, which was proposed by AMS, were exactly split 50 percent in favor and 50 percent opposed. The amendments included in this final rule will:
(1)Increase the length of the term of office for Committee members and alternates from one to four fiscal periods, and
(2)allow new members and alternates to agree to accept their nominations prior to selection by the Secretary. The third amendment recommended by AMS concerning periodic continuance referenda was not approved by producers in referendum. 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 action 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 business subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. Based on Committee data, there are approximately 12 handlers of southeastern California table grapes who are subject to regulation under the marketing order and approximately 38 table grape producers in the production area. Small agricultural service firms are defined by the Small Business Administration
(SBA)as those having annual receipts of less than $7,500,000 and small agricultural producers are defined as those whose annual receipts are less than $750,000 (13 CFR 121.201). Seven of the 12 handlers subject to regulation have annual table grape sales of less than $7,500,000 according to USDA Market News Service and Committee data. Based on information from the Committee and USDA's Market News Service, it is estimated that at least 9 of the 38 producers have annual receipts of less than $750,000. Thus, it may be concluded that a majority of table grape handlers regulated under the order and about 9 of the producers could be classified as small entities under SBA definitions. The amendments will provide the Committee with authority to increase the term length for members and alternates from one to four fiscal periods and allow new members and alternates of the Committee to agree to accept their nominations before the selection process begins. The Committee's proposed amendments were unanimously recommended at a public meeting on November 5, 2013. The Committee believes these changes represent the needs of the Committee and industry. No economic impact is expected from these amendments because they do not establish any regulatory requirements on handlers, nor do they contain any assessment or funding implications. There is no change in financial costs, reporting, or recordkeeping requirements. Alternatives to these proposals included making no changes at this time. However, the changes are necessary to improve administration of the order to reflect current business practices. Also, streamlining the nomination and selection process reduces the time required for completing the process annually, which would provide new members and alternates the opportunity to learn the details of the Committee's operations and business during their tenure. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the termination of the Letter of Acceptance was previously submitted to and approved by the Office of Management and Budget (OMB). As a result, the current number of hours associated with OMB No. 0581-0189, Generic Fruit Crops, will remain the same: 7,786.71 hours. 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. In addition, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this 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. The Committee's meetings, at which these proposals were discussed, were widely publicized throughout the California table grape industry. All interested persons were invited to attend the meetings and encouraged to participate in Committee deliberations on all issues. The Committee meetings were public, and all entities, both large and small, were encouraged to express their views on these proposals. A proposed rule concerning this action was published in the **Federal Register** on June 5, 2015 (80 FR 32043). Copies of the rule were mailed or sent via facsimile to all committee members and grape handlers. Finally, the rule was made available through the internet by USDA and the Office of the Federal Register. A 30-day comment period ending August 4, 2015, was provided to allow interested persons to respond to the proposals. No comments were received in response to the proposed order amendments. A proposed rule and referendum order was then issued on October 1, 2015, and published in the **Federal Register** on October 7, 2015 (80 FR 60570). This document directed that a referendum among table grape producers be conducted during the period January 21, 2016, through February 4, 2016, to determine whether they favor the proposed amendments to the order. To become effective, the amendments had to be approved by at least two-thirds of the producers voting, or two-thirds of the volume of table grapes represented by voters in the referendum. Both of the Committee's proposed amendments were favored by 100 percent of those voting in the referendum. The number of votes on the third amendment were exactly split 50 percent in favor of and 50 percent opposed. However, voters representing over two thirds of the volume voted in the referendum, did not favor the third proposed amendment. 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 Antoinette Carter at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. Order Amending the Order Regulating the Handling of Grapes Grown in a Designated Area of Southeastern California
(a)*Findings and Determinations Upon the Basis of the Rulemaking Record.* The findings hereinafter set forth are supplementary to the findings and determinations which were previously made in connection with the issuance of the marketing order; and all said previous findings and determinations are hereby ratified and affirmed, except insofar as such findings and determinations may be in conflict with the findings and determinations set forth herein. 1. The marketing order, as amended, and all of the terms and conditions thereof, will tend to effectuate the declared policy of the Act; 2. The marketing order, as amended, and as hereby further amended, regulates the handling of table grapes grown in a Designated Area of Southeastern California in the same manner as, and is applicable only to, persons in the respective classes of commercial and industrial activity specified in the marketing order; 3. The marketing order, as amended, is limited in application to the smallest regional production area which is practicable, consistent with carrying out the declared policy of the Act, and the issuance of several orders applicable to subdivisions of the production area would not effectively carry out the declared policy of the Act; 4. The marketing order, as amended, prescribes, insofar as practicable, such different terms applicable to different parts of the production area as are necessary to give due recognition to the differences in the production and marketing of table grapes produced or packed in the production area; and 5. All handling of table grapes produced in the production area as defined in the marketing order is in the current of interstate or foreign commerce or directly burdens, obstructs, or affects such commerce.
(b)*Additional Findings.* The effective date for the amendments shall be 30 days after publication in the **Federal Register** .
(c)*Determinations.* It is hereby determined that: 1. Handlers (excluding cooperative associations of producers who are not engaged in processing, distributing, or shipping of table grapes covered under the order) who during the period January 1, 2015, through December 31, 2015, handled not less than 50 percent of the volume of such table grapes covered by said order, as hereby amended, have executed Marketing Agreements in support of Marketing Order 925, as amended. 2. The issuance of this amendatory order, amending the aforesaid order, is favored or approved by at least two-thirds of the producers who participated in a referendum on the question of approval and who, during the period of January 1, 2015, through December 31, 2015, have been engaged within the production area in the production of such table grapes, such producers having also produced for market at least two-thirds of the volume of such commodity represented in the referendum. 3. The issuance of this amendatory order together with a signed marketing agreement advances the interests of growers of table grapes in the production area pursuant to the declared policy of the Act. Order Relative to Handling *It is therefore ordered,* That on and after the effective date hereof, all handling of table grapes grown in a designated area of southeastern California shall be in conformity to, and in compliance with, the terms and conditions of the said order as hereby amended as follows: The provisions of the proposed marketing order amending the order contained in the proposed rule issued by the Associate Administrator on June 1, 2015, and published in the **Federal Register** on June 5, 2015 (80 FR 32043), shall be and are the terms and provisions of this order amending the order and are set forth in full herein. List of Subjects in 7 CFR Part 925 Grapes, Marketing agreements, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 925 is amended as follows: PART 925—GRAPES GROWN IN A DESIGNATED AREA OF SOUTHEASTERN CALIFORNIA 1. The authority citation for part 925 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. Revise the first sentence of § 925.21 to read as follows: § 925.21 Term of office. The term of office of the members and alternates shall be four fiscal periods. * * * 3. Revise § 925.25 to read as follows: § 925.25 Qualification and acceptance. Any person selected as a member or alternate member of the Committee shall, prior to such selection, qualify by filing a qualifications questionnaire advising the Secretary that he or she agrees to serve in the position for which nominated. Dated: July 5, 2016. Elanor Starmer, Administrator, Agricultural Marketing Service. [FR Doc. 2016-16330 Filed 7-8-16; 8:45 am]
Connectionstraces to 3
Traces to 3 documents
5 references not yet in our index
- 7 CFR 925
- 7 USC 601-674
- 7 CFR 900
- Pub. L. 110-246
- 5 USC 601-612
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Final rule
Cite7 CFR 925
Cite7 USC 601-674
Cite7 CFR 900
Pub. L.Pub. L. 110-246
Cite5 USC 601-612
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