Unknown. Final rule
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/register/2024/04/08/2024-07330·A 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-2024-04-08.xml --- 89 68 Monday, April 8, 2024 Contents Agricultural Marketing Agricultural Marketing Service RULES Increased Assessment Rate: Raisins Produced from Grapes Grown in California, 24337-24339 2024-07330 PROPOSED RULES Redistricting and Reapportionment of Committee Membership: Onions Grown in South Texas, 24393-24396 2024-07329 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Food and Nutrition Service Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau RULES Establishment of Viticultural Area:
Comptche, 24378-24381 2024-07395 Animal Animal and Plant Health Inspection Service RULES Imports: Horses; Technical Amendments, 24339-24340 2024-07370 Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Census Household Panel Topical 7, Topical 8, and Topical 9 Operations, 24425-24426 2024-07406 Charter Amendments, Establishments, Renewals and Terminations: Bureau of the Census Scientific Advisory Committee, 24426-24427 2024-07383 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 24479-24481 2024-07393 2024-07415 2024-07429 Coast Guard Coast Guard RULES Drawbridge Operations: Black River, Lorain, OH, 24381-24383 2024-07368 Maumee River, Toledo, OH, 24383-24385 2024-07367 Safety Zone: Cape Fear River, Wilmington, NC, 24387-24389 2024-07369 Chesapeake Bay, Approaches to Baltimore Harbor, MD, 24385-24387 2024-07454 PROPOSED RULES Drawbridge Operations: Milwaukee, Menomonee, and Kinnikinnic Rivers, and South Menomonee and Burnham Canals, 24396-24398 2024-07366 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Defense Acquisition Defense Acquisition Regulations System NOTICES Acquisition of Items for Which Federal Prison Industries Has a Significant Market Share, 24455-24456 2024-07405 Defense Department Defense Department See Defense Acquisition Regulations System See Navy Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Past Performance Information, 24478 2024-07372 Hearings, Meetings, Proceedings, etc.: Defense Advisory Committee on Diversity and Inclusion, 24456-24457 2024-07403 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Energy Conservation Program for Appliance Standards: Procedures, Interpretations, and Policies for Consideration in New or Revised Energy Conservation Standards and Test Procedures for Consumer Products and Commercial/Industrial Equipment, 24340-24363 2024-07114 NOTICES Hearings, Meetings, Proceedings, etc.:
Environmental Management Site-Specific Advisory Board, Hanford, 24457-24458 2024-07378 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: District of Columbia; Removal of Stage II Gasoline Vapor Recovery Program Requirements, 24389-24392 2024-07349 PROPOSED RULES Significant New Uses: Certain Chemical Substances (21-4.F), 24398-24415 2024-07262 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points:
Lewisburg, WV, 24367-24369 2024-07245 Wallops Island, VA, 24366-24367 2024-07243 Airworthiness Directives: General Electric Company Engines, and Various Restricted Category Rotorcraft, 24363-24366 2024-07438 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments, 24369-24372 2024-07241 2024-07242 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 24476 2024-07396 Privacy Act;
Matching Program, 24476-24477 2024-07400 Federal Deposit Federal Deposit Insurance Corporation NOTICES Termination of Receivership, 24477-24478 2024-07371 Federal Emergency Federal Emergency Management Agency PROPOSED RULES National Flood Insurance Program: Standard Flood Insurance Policy, Homeowner Flood Form, 24415 2024-07388 NOTICES Request for Membership Application: National Advisory Council, 24483-24484 2024-07387 Federal Energy Federal Energy Regulatory Commission NOTICES Application:
Dominion Energy South Carolina, Inc., 24465-24466 2024-07416 Combined Filings, 24458-24461, 24463, 24468-24469 2024-07321 2024-07322 2024-07419 2024-07420 Environmental Assessments; Availability, etc.: Rover Pipeline LLC, 24470-24475 2024-07418 York Haven Power Co., LLC, 24464-24465 2024-07417 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Airport Solar I, LLC, 24467-24468 2024-07310 Furry Creek Power Ltd., 24466-24467 2024-07316 Fuse Energy NY LLC, 24461-24462 2024-07319 Hardin Solar Energy III, LLC, 24475 2024-07320 McNair Creek Hydro LP, 24462 2024-07315 Morris Ridge Solar Energy Center, LLC, 24468 2024-07308 MRP Pacifica Marketing LLC, 24463-24464 2024-07317 Oak Leaf Solar 100 LLC, 24467 2024-07311 Oak Leaf Solar 56 LLC, 24469 2024-07309 Oak Leaf Solar XVIII LLC, 24469-24470 2024-07314 Oak Leaf Solar XXII LLC, 24475-24476 2024-07313 Oak Leaf Solar XXVI LLC, 24462-24463 2024-07312 Renew Home VPP, LLC, 24464 2024-07318 Federal Motor Federal Motor Carrier Safety Administration NOTICES Exemption Application:
Qualification of Drivers; Epilepsy and Seizure Disorders, 24568-24569 2024-07385 Qualification of Drivers; Hearing, 24565-24567 2024-07386 Federal Trade Federal Trade Commission NOTICES Horseracing Integrity and Safety Authority Racetrack Safety Rule Modification, 24574-24626 2024-06911 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species: Status for Coal Darter with Section 4(d) Rule, 24415-24416 2024-07331 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals Supplemental Nutrition Assistance Program: Demonstration Projects, 24423-24425 2024-07377 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Action, 24569 2024-07306 Foreign Trade Foreign-Trade Zones Board NOTICES Application for Subzone: Hardware Plus, Inc., Foreign-Trade Zone 7, Caguas, PR, 24427 2024-07347 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:
Past Performance Information, 24478 2024-07372 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection RULES Temporary Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Employment Authorization Document Renewal Applicants, 24628-24676 2024-07345 Housing Housing and Urban Development Department NOTICES Exhibitors Sought for Innovative Housing Showcase 2024, 24486 2024-07424 Requests for Nominations:
Tribal Intergovernmental Advisory Committee, 24484-24486 2024-07305 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service Internal Revenue Internal Revenue Service PROPOSED RULES Election to Exclude Certain Unincorporated Organizations Owned by Applicable Entities from Application of the Rules on Partners and Partnerships; Correction, 24396 2024-07307 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 24570-24571 2024-07339 2024-07340 2024-07341 Board International Broadcasting Advisory Board NOTICES Meetings;
Sunshine Act, 24425 2024-07478 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: 2,4-Dichlorophenoxyacetic Acid from the People's Republic of China and India, 24431-24432 2024-07408 Aluminum Lithographic Printing Plates from the People's Republic of China, 24433-24435 2024-07346 Certain Hot-Rolled Steel Flat Products from Japan, 24432-24433 2024-07379 Certain Oil Country Tubular Goods from the Republic of Korea, 24429-24431 2024-07409 Granular Polytetrafluoroethylene Resin from India, 24428-24429 2024-07348 Japan Japan-United States Friendship Commission NOTICES Performance Review Board Members, 24505 2024-07336 Justice Department Justice Department NOTICES Proposed Consent Decree:
CERCLA, 24506-24507 2024-07337 CERCLA, Resource Conservation and Recovery Act; Third Amendment, 24505-24506 2024-07350 Labor Department Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Local Area Unemployment Statistics Program, 24507-24508 2024-07326 Quarterly Census of Employment and Wages Business Supplement, 24507 2024-07327 Land Land Management Bureau NOTICES Public Land Order: No. 7939; Thompson Divide Withdrawal, CO, 24486-24493 2024-07384 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Past Performance Information, 24478 2024-07372 National Institute National Institutes of Health NOTICES Hearings, Meetings, Proceedings, etc.: National Heart, Lung, and Blood Institute, 24481 2024-07376 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Atlantic Highly Migratory Species: Sea Turtle Careful Release Equipment and Techniques, 24416-24422 2024-07140 NOTICES Hearings, Meetings, Proceedings, etc.: Mid-Atlantic Fishery Management Council, 24435 2024-07422 Taking or Importing of Marine Mammals:
Incidental to the Terminal 4 Expansion and Redevelopment Project at the Port of Grays Harbor, WA, 24436-24455 2024-07338 National Park National Park Service NOTICES Hearings, Meetings, Proceedings, etc.: Gateway National Recreation Area Fort Hancock 21st Century Advisory Committee, 24494 2024-07165 Inventory Completion: American Museum of Natural History, New York, NY, 24497-24500 2024-07364 2024-07365 Birmingham Museum of Art, Birmingham, AL, 24498 2024-07363 Field Museum, Chicago, IL, 24503 2024-07354 Florida Department of Transportation, Tallahassee, FL, 24493-24494, 24504 2024-07356 2024-07357 Museum of Us, San Diego, CA, 24493 2024-07351 Ohio History Connection, Columbus, OH, 24495 2024-07353 University of California, Davis, Davis, CA, 24496-24497 2024-07361 University of California, Riverside, Riverside, CA, 24498-24499 2024-07358 University of Tennessee, Department of Anthropology, Knoxville, TN, 24504-24505 2024-07359 University of Wisconsin Oshkosh, Oshkosh, WI, 24500-24501 2024-07352 National Register of Historic Places:
Pending Nominations and Related Actions, 24501-24502 2024-07380 Repatriation of Cultural Items: Gilcrease Museum, Tulsa, OK, 24503-24504 2024-07362 Memphis Museum of Science and History, Memphis, TN, 24495-24496 2024-07360 St. Joseph Museums, Inc, St. Joseph, MO, 24502 2024-07355 Navy Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 24457 2024-07410 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 24508 2024-07453 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 24508-24509 2024-07382 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Foreign Assistance Act of 1961;
Delegation of Authority Under Section 506(a)(2) (Memorandum of March 26, 2024), 24677-24679 2024-07570 Securities Securities and Exchange Commission RULES Share Repurchase Disclosure Modernization, 24372-24378 2024-06187 NOTICES Meetings; Sunshine Act, 24554-24555 2024-07460 2024-07481 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 24519-24534 2024-07334 NYSE Arca, Inc., 24509-24519, 24534-24554 2024-07333 2024-07335 Small Business Small Business Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 24555 2024-07399 Charter Amendments, Establishments, Renewals and Terminations: Small Business Lending Advisory Council, 24555-24556 2024-07328 Requests for Nominations: Small Business Lending Advisory Council, 24556-24557 2024-07325 State Department State Department NOTICES Hearings, Meetings, Proceedings, etc.: International Maritime Organization Maritime Safety Committee, 24557 2024-07344 Tennessee Tennessee Valley Authority NOTICES Environmental Impact Statements;
Availability, etc.: Kingston Fossil Plant Retirement, 24557-24565 2024-07411 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Foreign Assets Control Office See Internal Revenue Service Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:
Forced Labor Portal/Forced Labor Case Management System, 24482-24483 2024-07381 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Fee or Roster Personnel Designation, 24571-24572 2024-07375 Labor Market Information-Veteran Readiness and Employment, 24572 2024-07332 Separate Parts In This Issue Part II Federal Trade Commission, 24574-24626 2024-06911 Part III Homeland Security Department, 24628-24676 2024-07345 Part IV Presidential Documents, 24677-24679 2024-07570 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 electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 89 68 Monday, April 8, 2024 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 989 [Doc. No. AMS-SC-23-0038] Raisins Produced From Grapes Grown in California; Increased Assessment Rate AGENCY:
Agricultural Marketing Service, Department of Agriculture (USDA). ACTION: Final rule. SUMMARY: This final rule implements a recommendation from the Raisin Administrative Committee (Committee) to increase the assessment rate established for the 2023-2024 and subsequent crop years. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. DATES: Effective May 8, 2024. FOR FURTHER INFORMATION CONTACT: Jeremy Sasselli, Marketing Specialist, or Barry Broadbent, Acting Chief, West Region Branch, Market Development Division, Specialty Crops Program, AMS, USDA;
Telephone:
(559)487-5901 or Email: *Jeremy.Sasselli@usda.gov* or *Barry.Broadbent@usda.gov* . Small businesses may request information on complying with this regulation by contacting Richard Lower, Market Development Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 202500237; Telephone:
(202)720-8085, or Email: *Richard.Lower@usda.gov* . SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553, amends regulations issued to carry out a marketing order as defined in 7 CFR 900.2(j). This final rule is issued under Marketing Agreement and Order No. 989, as amended (7 CFR part 989), regulating the handling of raisins produced from grapes grown in California. Part 989 (referred to as the “Order”) is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” The Committee locally administers the Order and is comprised of producers and handlers of raisins operating within the area of production, and a public member. The Agricultural Marketing Service
(AMS)is issuing this final rule in conformance with Executive Orders 12866, 13563, and 14094. Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. Executive Order 14094 reaffirms, supplements, and updates Executive Order 12866 and further directs agencies to solicit and consider input from a wide range of affected and interested parties through a variety of means. This action falls within a category of regulatory actions that the Office of Management and Budget
(OMB)exempted from Executive Order 12866 review. This final rule has been reviewed under Executive Order 13175—Consultation and Coordination with Indian Tribal governments, which requires agencies to consider whether their rulemaking actions would have Tribal implications. AMS has determined that this final rule is unlikely to have substantial direct effects on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes. This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the Order now in effect, California raisin handlers are subject to assessments. Funds to administer the Order are derived from such assessments. It is intended that the assessment rate will be applicable to all assessable raisins beginning on August 1, 2023, and continue until amended, suspended, or terminated. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with the U.S. Department of Agriculture
(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. Section 989.79 provides authority for the Committee, with the approval of AMS, to formulate an annual budget of expenses and collect assessments from handlers to administer the program. The members are familiar with the Committee's needs and with the costs of goods and services in their local area and are thus in a position to formulate an appropriate budget and assessment rate. The assessment rate is formulated and discussed in a public meeting. Thus, all directly affected persons have an opportunity to participate and provide input. For the 2018-2019 and subsequent crop years, an assessment rate of $22 per assessable ton of raisins handled (84 FR 2049) was in place. That rate continues in effect from crop year to crop year until modified, suspended, or terminated by AMS upon recommendation and information submitted by the Committee or other information available to AMS. This final rule increases the assessment rate from $22 per ton to $24 per ton of assessable raisins for the 2023-2024 and subsequent crop years. Prior to arriving at this assessment rate, the Committee considered information from its Audit Subcommittee (Subcommittee), which met on June 21, 2023. The Subcommittee discussed alternative spending levels before making a recommendation to the full Committee. On June 28, 2023, the full Committee discussed the recommendation of the Subcommittee and voted unanimously to recommend a budget of $5,241,000 and an assessment rate of $24 per ton as reasonable and necessary to properly administer the Order. The Committee last amended the assessment rate in 2019 to $22 per ton, which continues to remain in effect; however, California raisin acreage and volume have steadily declined since 2019. The Committee determined the level of assessment revenue under the current rate is now insufficient to meet the rising costs of program operations given a production estimate of 192,000 tons of assessable raisins for the 2023-2024 crop year. The assessment rate of $24 is $2 higher than the rate currently in effect and is expected to generate assessment income of approximately $4,608,000 ($24 per ton multiplied by 192,000 assessable tons) for the 2023-2024 crop year. This assessment revenue, combined with other Committee income and monetary reserves is sufficient to cover the budget balance of $633,000 ($5,241,000 minus $4,608,000). The major expenditures recommended by the Committee for the 2023-2024 crop year include $3,303,000 for marketing promotion; $1,205,000 for salaries and employee related costs; $658,000 for administrative expenses; $55,000 for compliance activities; and $20,000 for research and studies. Budgeted expenditures for the 2022-2023 crop year were $3,592,000; $1,232,000; $703,900; $55,000; and $45,000, respectively. The assessment rate increase will cover the expenditures for the 2023-2024 crop year, while reducing the amount of money needing to be expended from reserves. This assessment rate will continue in effect indefinitely unless modified, suspended, or terminated by AMS 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 crop year to recommend a budget of expenses and consider recommendations for modification of the assessment rate. The dates and times of Committee meetings are available from the Committee or AMS. Committee meetings are open to the public and interested persons may express their views at these meetings. AMS will evaluate Committee recommendations and other available information to determine whether modification of the assessment rate is needed. Further rulemaking will be undertaken as necessary. The Committee's budget for subsequent crop years would be reviewed and, as appropriate, approved by AMS. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act
(RFA)(5 U.S.C. 601-612), the AMS has considered the economic impact of this final rule on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. There are approximately 1,700 producers of California raisins and approximately 17 handlers subject to regulation under the marketing order. Small agricultural producers of raisins are defined by the Small Business Administration
(SBA)as those having annual receipts equal to or less than $4.0 million (NAICS code 111332, Grape Vineyards) and small agricultural service firms are defined as those whose annual receipts are equal to or less than $34.0 million (NAICS code 115114, Postharvest Crop Activities) (13 CFR 121.201). Using USDA National Agricultural Statistics Service
(NASS)data, the 2022 season average value of utilized production of California processed raisin-type grapes (most of which are dried into raisins) is $376.618 million. Dividing that figure by 1,700 producers yields an annual average revenue per producer of $221,540, well below the SBA large farm size threshold of $4.0 million. Therefore, in terms of average annual sales of processed raisin-type grapes, the majority of California raisin producers may be classified as small entities. To make a similar computation for handlers, the first step is to estimate a representative handler price received per pound for packaged raisins. Recent USDA purchases under the Commodity Procurement Program provide such an estimate. For the most recent raisin crop year used by the Committee (August 2022-July 2023), the average price paid for packaged raisins purchased by the USDA for food assistance programs was $1.56 per pound. For that time period, the Committee provided a list of quantities delivered by handlers. When multiplied by the $1.56 price per pound, the results showed that 5 handlers had annual raisin receipts greater than $34 million, the SBA threshold level for a large handler. The remaining 12 handlers out of 17 are small handlers, using the SBA criterion. This final rule will increase the assessment rate collected from handlers for the 2023-2024 and subsequent crop years from $22 to $24 per ton of assessable raisins acquired by handlers. The Committee reviewed its ongoing activities and determined the expenses that would be reasonable and necessary to continue program operations for the 2023-2024 crop year. Additionally, the Committee considered that California raisin acreage and volume have steadily declined. Consequently, the revenue collected from assessments also decreased, while program operating costs have continued to increase. Ultimately, the Committee recommended budget totals $5,241,000 for the 2023-2024 crop year. With the current assessment of $22 per ton, and an operating budget of $5,241,000, the Committee would face a deficit of over $1 million. At the rate of $24 per ton, the anticipated assessment income would be $4,608,000 and will reduce the estimated deficit by approximately $384,000. The major expenditures recommended by the Committee for the 2023-2024 crop year include $3,303,000 for marketing promotion; $1,205,000 for salaries and employee related costs; $658,000 for administrative expenses; $55,000 for compliance activities; and $20,000 for research and studies. Budgeted expenditures for the 2022-2023 crop year were $3,592,000; $1,232,000; $703,900; $55,000; and $45,000, respectively. The increased assessment rate is necessary to help cover the expenditures for the 2023-2024 crop year, while reducing the amount of money needing to be expended from reserves. The Order provides authority for the Committee to formulate an annual budget of expenses and an assessment rate to cover such expenses is authorized by AMS. Prior to arriving at this budget and assessment rate, the Committee considered alternative spending levels at its June 28, 2023, meeting but ultimately decided that the recommended budget and assessment rate were reasonable and necessary to properly administer the Order. This final rule increases the assessment obligation imposed on handlers. While the increased assessment rate will impose some additional costs on handlers, the costs are minimal and applied uniformly on all handlers. Some of the additional costs may be passed on to producers. However, these costs will be offset by the benefits derived by the industry from the operation of the Order. The Committee's meetings were widely publicized throughout the production area. The raisin industry and all interested persons were invited to attend the meetings and participate in Committee deliberations on all issues. Like all Committee meetings, the June 28, 2023, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. In addition, interested persons were invited to submit comments on this rule, including the regulatory and information collection impacts of this action on small businesses. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Order's information collection requirements have been previously approved by OMB and assigned OMB No. 0581-0178, Vegetable and Specialty Crops. No changes in those requirements are necessary as a result of this action. Should any changes become necessary, they would be submitted to OMB for approval. This final rule will not impose any additional reporting or recordkeeping requirements on either small or large California raisin handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. AMS is committed to complying with the E-Government Act, to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. AMS has not identified any relevant Federal rules that duplicate, overlap, or conflict with this final rule. A proposed rule concerning this action was published in the **Federal Register** on November 16, 2023 (88 FR 78679). Copies of the proposed rule were provided to all raisin handlers. The proposal was also made available through the internet by USDA and the Office of the Federal Register. A 30-day comment period ending December 18, 2023, was provided for interested persons to respond to the proposal. Three comments in opposition to the proposed assessment rate change were received. Of the three, two comments are attributed to the same person. The first commenter described the proposal as undermining farmers economically by forcing them to impart a substantial portion of their crop earnings to pay assessments. As stated in the proposal, California raisin handlers, not farmers, are subject to assessments. Essentially, these assessments help to cover the costs of administering the Order. Such costs may be passed on to farmers from handlers; however, continuous support for the Order from California raisin growers suggests the benefits of orderly marketing outweigh these costs. The comment further states that raisin farmers no longer enjoy the right to sell their own produce and that the Committee gives or sells raisins to Federal agencies and foreign governments because they are often the lowest bidders. First, the Order regulates the handling of raisins, not raisin growers, and by no means prevents raisin growers from packing, processing, or selling their own fruit. Finally, Order provisions do not provide the Committee with authority to acquire, give or sell raisins either domestically or internationally. The other commenter suggested USDA redirect assessment funds from other non-specialty crops to fund the Order due to decreases in raisin acreage and growth. The Committee collects assessments, not USDA, and such funds may only be collected and used in accordance with the Act and the terms and provisions specified in the Order. Further, Federal marketing orders are issued pursuant to the Act, and the rules issued thereunder are unique and brought about through group action of essentially small entities acting on their own behalf. Both commenters suggested a concern for the welfare of raisin farmers; however, each indicate a lack of understanding of the authority, operations, and funding of this Order. Accordingly, no changes will be made to the rule as proposed. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: *https://www.ams.usda.gov/rules-regulations/moa/small-businesses.* Any questions about the compliance guide should be sent to Richard Lower at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. After consideration of all relevant material presented, including the information and recommendations submitted by the Committee and other available information, AMS has determined that this final rule is consistent with and will effectuate the purposes of the Act. List of Subjects in 7 CFR Part 989 Grapes, Marketing agreements, Raisins, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, the Agricultural Marketing Service amends 7 CFR part 989 as follows: PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA 1. The authority citation for 7 CFR part 989 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. Revise § 989.347 to read as follows: § 989.347 Assessment rate. On and after August 1, 2023, an assessment rate of $24 per ton is established for assessable raisins produced from grapes in California. Erin Morris, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2024-07330 Filed 4-5-24; 8:45 am]
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- 7 CFR 989
- 7 CFR 900.2(j)
- 7 USC 601-674
- 5 USC 601-612
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