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Rules and Regulations Federal Register

27159 

Vol. 79, No. 92 

Tuesday, May 13, 2014 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 925 

[Doc. No. AMS–FV–14–0010; FV14–925–1 

FR] 

Grapes Grown in a Designated Area of 

Southeastern California; Increased 

Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule increases the 

assessment rate established for the 

California Desert Grape Administrative 

Committee (Committee) for the 2014 

and subsequent fiscal periods from 

$0.0165 to $0.0200 per 18-pound lug of 

grapes handled. The Committee locally 

administers the marketing order, which 

regulates the handling of grapes grown 

in a designated area of southeastern 

California. Assessments upon grape 

handlers are used by the Committee to 

fund reasonable and necessary expenses 

of the program. The fiscal period began 

on January 1 and ends on December 31. 

The assessment rate will remain in 

effect indefinitely unless modified, 

suspended, or terminated. 

DATES: Effective Date: May 14, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Kathie M. Notoro, Marketing Specialist, 

or Martin Engeler, Regional Director, 

California Marketing Field Office, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA; Telephone: (559) 487– 

5901, Fax: (559) 487–5906, or Email: 

Kathie.Notoro@ams.usda.gov or 

Martin.Engeler@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Jeffrey Smutny, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA, 1400 Independence 

Avenue SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491, Fax: (202) 720–8938, or Email: 

Jeffrey.Smutny@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Order No. 

925, as amended (7 CFR part 925), 

regulating the handling of 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 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, grape handlers in a designated 

area of southeastern California are 

subject to assessments. Funds to 

administer the order are derived from 

such assessments. It is intended that the 

assessment rate as issued herein is 

applicable to all assessable grapes 

beginning on January 1, 2014, and will 

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 increases the assessment 

rate established for the Committee for 

the 2014 and subsequent fiscal periods 

from $0.0165 to $0.0200 per 18-pound 

lug of grapes handled. 

The grape 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 grapes grown 

in a designated area of southeastern 

California. They are familiar with the 

Committee’s needs and with the costs of 

goods and services in their local area 

and are thus in a position to formulate 

an appropriate budget and assessment 

rate. The assessment rate is formulated 

and discussed in a public meeting. 

Thus, all directly affected persons have 

an opportunity to participate and 

provide input. 

For the 2014 and subsequent fiscal 

periods, the Committee recommended, 

and the USDA approved, an assessment 

rate that would continue in effect from 

fiscal period to fiscal period unless 

modified, suspended, or terminated by 

USDA based upon a recommendation 

and information submitted by the 

Committee or other information 

available to USDA. 

The Committee met on November 5, 

2013, and unanimously recommended 

2014 expenditures of $110,000 and an 

assessment rate of $0.0200 per 18-pound 

lug of grapes handled. In comparison, 

last year’s budgeted expenditures were 

$100,000. The Committee recommended 

a crop estimate of 5,500,000 18-pound 

lugs, which is lower than the 5,800,000 

18-pound lugs handled last year. The 

Committee also recommended carrying 

over a financial reserve of $49,000, 

which would increase to $59,000 if the 

contingency fund was not expended. 

The assessment rate of $0.0200 per 18- 

pound lug of grapes handled is $0.0035 

higher than the $0.0165 rate currently in 

effect. The higher assessment rate, 

applied to shipments of 5,500,000 18- 

pound lugs, is expected to generate 

$110,000 in revenue and should be 

sufficient to cover the anticipated 

expenses. 

The major expenditures 

recommended by the Committee for the 

2014 fiscal period include $15,500 for 

research, $22,000 for general office 

expenses, $62,500 for management and 

compliance expenses, and $10,000 for a 

contingency reserve. The $15,500 

research project is a continuation of a 

vine study in progress by the University 

of California, Riverside. In comparison, 

major expenditures for the 2013 fiscal 

period included $15,500 for research, 

$17,000 for general office expenses, and 

$67,500 for management and 

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27160 Federal Register / Vol. 79, No. 92 / Tuesday, May 13, 2014 / Rules and Regulations 

compliance expenses. Overall 2014 

expenditures include a decrease in 

management and compliance expenses, 

an increase in general office expenses, 

and additional funds for the 

contingency reserve. 

The assessment rate recommended by 

the Committee was derived by 

evaluating several factors, including 

estimated shipments for the 2014 

season, budgeted expenses, and the 

level of available financial reserves. The 

Committee determined that the $0.0200 

assessment rate should generate 

$110,000 in revenue to cover the 

budgeted expenses of $110,000. 

Reserve funds by the end of 2014 are 

projected to be $49,000 if the $10,000 

added to the contingency fund is 

expended or $59,000 if it is not 

expended. Both amounts are well 

within the amount authorized under the 

order. Section 925.41 of the order 

permits the Committee to maintain 

approximately one fiscal period’s 

expenses in reserve. 

The assessment rate established in 

this rule will continue in effect 

indefinitely unless modified, 

suspended, or terminated by USDA 

based upon a 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 the Committee’s 

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 budget and those for 

subsequent fiscal periods will 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 15 handlers 

of southeastern California grapes who 

are subject to regulation under the 

marketing order and about 41 grape 

producers in the production area. Small 

agricultural service firms are defined by 

the Small Business Administration (13 

CFR 121.201) as those having annual 

receipts of less than $7,000,000, and 

small agricultural producers are defined 

as those whose annual receipts are less 

than $750,000. Ten of the 15 handlers 

subject to regulation have annual grape 

sales of less than $7,000,000, 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 10 of the 41 producers have annual 

receipts of less than $750,000. Thus, it 

may be concluded that a majority of the 

grape handlers regulated under the 

order and about 10 of the producers 

could be classified as small entities 

under the Small Business 

Administration’s definitions. 

This rule increases the assessment 

rate established for the Committee and 

collected from handlers for the 2014 and 

subsequent fiscal periods from $0.0165 

to $0.0200 per 18-pound lug of grapes. 

The Committee unanimously 

recommended 2014 expenditures of 

$110,000 and an assessment rate of 

$0.0200 per 18-pound lug of grapes 

handled. The assessment rate of $0.0200 

is $0.0035 higher than the 2013 rate 

currently in effect. The quantity of 

assessable grapes for the 2014 season is 

estimated at 5,500,000 18-pound lugs. 

Thus, the $0.0200 rate should generate 

$110,000 in income. In addition, reserve 

funds at the end of the year are 

projected to be $49,000, which is well 

within the order’s limitation of 

approximately one fiscal period’s 

expenses. 

The major expenditures 

recommended by the Committee for the 

2014 fiscal period include $15,500 for 

research, $22,000 for general office 

expenses, $62,500 for management and 

compliance expenses, and $10,000 for 

the contingency reserve. In comparison, 

major expenditures for the 2013 fiscal 

period included $15,500 for research, 

$17,000 for general office expenses, and 

$67,500 for management and 

compliance expenses. Overall 

expenditures included a decrease in 

management and compliance expenses, 

an increase in general office expenses, 

and funding of a contingency reserve. 

Prior to arriving at this budget, the 

Committee considered alternative 

expenditures and assessment rates, 

including not increasing the $0.0165 

assessment rate currently in effect. 

Based on a crop estimate of 5,500,000 

18-pound lugs, the Committee 

ultimately determined that increasing 

the assessment rate to $0.0200 would 

generate sufficient funds to cover 

budgeted expenses. Reserve funds at the 

end of the 2014 fiscal period are 

projected to be $49,000 if the $10,000 

contingency fund is expended or 

$59,000 if it is not expended. These 

amounts are well within the amount 

authorized under the order. 

A review of historical crop and price 

information, as well as preliminary 

information pertaining to the upcoming 

fiscal period, indicates that the producer 

price for the 2013 season averaged about 

$16.20 per 18-pound lug of California 

grapes handled. Utilizing the estimate 

and the assessment rate of $0.0200, 

estimated assessment revenue as a 

percentage of total estimated producer 

revenue would be 0.12 percent for the 

2014 season ($0.0200 divided by $16.20 

per 18-pound lug). Thus, the assessment 

revenue should be well below 1 percent 

of estimated producer revenue in 2014. 

This action increases the assessment 

obligation imposed on handlers. While 

assessments impose some additional 

costs on handlers, the costs are minimal 

and uniform on all handlers. Some of 

the additional costs may be passed on 

to producers. However, these costs 

should be offset by the benefits derived 

from the operation of the marketing 

order. In addition, the Executive 

Subcommittee and the Committee’s 

meetings were widely publicized 

throughout the grape production area, 

and all interested persons were invited 

to attend and participate in Committee 

deliberations on all issues. Like all 

Committee meetings, the November 5, 

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. 0581–0189 Generic 

Fruit 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 California grape 

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Federal Register / Vol. 79, No. 92 / Tuesday, May 13, 2014 / Rules and Regulations 27161 

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 March 31, 2014 (79 FR 

17940). Copies of the proposed rule 

were also mailed or sent via facsimile to 

all grape handlers. Finally, the proposal 

was made available through the internet 

by USDA and the Office of the Federal 

Register. A 15-day comment period 

ending on April 15, 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. 

Pursuant to 5 U.S.C. 553, it is also 

found and determined that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because: (1) The 2014 fiscal period 

began on January 1, 2014, and the order 

requires that the rate of assessment for 

each fiscal period apply to all assessable 

grapes handled during such fiscal 

period; (2) the Committee needs to have 

sufficient funds to pay its expenses, 

which are incurred on a continuous 

basis; (3) handlers are aware of this 

action, which was unanimously 

recommended by the Committee at a 

public meeting and is similar to other 

assessment rate actions issued in past 

years; and (4) a 15-day comment period 

was provided for in the proposed rule, 

and no comments were received. 

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 7 CFR 

part 925 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 925.215 is revised to read 

as follows: 

§ 925.215 Assessment rate. 

On and after January 1, 2014, an 

assessment rate of $0.0200 per 18-pound 

lug is established for grapes grown in a 

designated area of southeastern 

California. 

Dated: May 7, 2014. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2014–10988 Filed 5–12–14; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

8 CFR Parts 103 and 235 

[Docket No. USCBP–2013–0029: CBP 

Decision No. 14–05] 

RIN 1651–AB01 

The U.S. Asia-Pacific Economic 

Cooperation Business Travel Card 

Program 

AGENCY: U.S. Customs and Border 

Protection. DHS. 

ACTION: Interim final rule. 

SUMMARY: This interim final rule 

establishes the U.S. Asia-Pacific 

Economic Cooperation (APEC) Business 

Travel Card Program. APEC is an 

economic forum comprised of twentyone members, including the United 

States, whose primary goal is to support 

sustainable economic growth and 

prosperity in the Asia-Pacific region. 

One of APEC’s initiatives is the APEC 

Business Travel Card Program. The U.S. 

APEC Business Travel Card Program 

will provide qualified U.S. business 

travelers engaged in business in the 

APEC region or U.S. Government 

officials actively engaged in APEC 

business the ability to access fast-track 

immigration lanes at participating 

airports in foreign APEC economies. 

This rule sets forth the parameters of the 

program, the eligibility requirements, 

the application procedures, the duration 

of the program and the fee. In 

accordance with the authorizing law, 

DHS will not issue any new U.S. APEC 

Business Travel Cards or renew any U.S. 

APEC Business Travel Cards after 

September 30, 2018. Unless the law is 

amended to extend the duration of the 

U.S. APEC Business Travel Card 

Program, all U.S. APEC Business Travel 

Cards will expire by September 29, 

2021. 

DATES: This interim final rule is 

effective on June 12, 2014. Comments 

must be received on or before June 12, 

2014. 

ADDRESSES: You may submit comments, 

identified by docket number USCBP– 

2013–0029, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Border Security Regulations 

Branch, Regulations and Rulings, Office 

of International Trade, U.S. Customs 

and Border Protection, 90 K Street NE., 

10th Floor, Washington, DC 20229– 

1177. 

Instructions: All submissions received 

must include the agency name and 

docket title for this rulemaking, and 

must reference docket number USCBP– 

2013–0029. All comments received will 

be posted without change to http://

www.regulations.gov, including any 

personal information provided. For 

detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

the document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov. Submitted 

comments may also be inspected during 

regular business days between the hours 

of 9 a.m. and 4:30 p.m. at the Office of 

International Trade, Customs and 

Border Protection, 90 K Street NE., 10th 

Floor, Washington, DC. Arrangements to 

inspect submitted comments should be 

made in advance by calling Mr. Joseph 

Clark at (202) 325–0118. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Sanchez, Office of Field 

Operations, (202) 344–1004, 

David.Sanchez@cbp.dhs.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Public Participation 

II. Background 

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