This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

7365 

Vol. 79, No. 26 

Friday, February 7, 2014 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 920 

[Doc. No. AMS–FV–13–0071; FV13–920–2 

FIR] 

Kiwifruit Grown in California; 

Decreased Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Affirmation of interim rule as 

final rule. 

SUMMARY: The Department of 

Agriculture (USDA) is adopting, as a 

final rule, without change, an interim 

rule that decreased the assessment rate 

established for the Kiwifruit 

Administrative Committee (Committee) 

for the 2013–14 and subsequent fiscal 

periods from $0.035 to $0.025 per 9-kilo 

volume-fill container or equivalent of 

kiwifruit. The Committee locally 

administers the marketing order, which 

regulates the handling of kiwifruit 

grown in California. The interim rule 

was necessary to allow the Committee to 

reduce its financial reserve while still 

providing adequate funding to meet 

program expenses. 

DATES: Effective Date: February 10, 

2014. 

FOR FURTHER INFORMATION CONTACT: 

Kathie 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 obtain information on 

complying with this and other 

marketing order regulations by viewing 

a guide at the following Web site: http:// 

www.ams.usda.gov/Marketing

OrdersSmallBusinessGuide; or 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. 

920, as amended (7 CFR part 920), 

regulating the handling of kiwifruit 

grown in 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 and 13563. 

Under the marketing order, California 

kiwifruit handlers are subject to 

assessments, which provide funds to 

administer the order. Assessment rates 

issued under the order are intended to 

be applicable to all assessable kiwifruit 

for the entire fiscal period, and continue 

indefinitely until amended, suspended, 

or terminated. The Committee’s fiscal 

period begins on August 1 and ends on 

July 31. 

In an interim rule published in the 

Federal Register on October 23, 2013, 

and effective on October 24, 2013 (78 FR 

62959, Doc. No. AMS–FV–13–0071; 

FV13–920–2 IR), § 920.213 was 

amended by decreasing the assessment 

rate established for kiwifruit grown in 

California for the 2013–14 and 

subsequent fiscal years from $0.035 to 

$0.025 per 9-kilo volume-fill container 

or equivalent of kiwifruit. The decrease 

in assessment rate will provide 

sufficient revenue to meet the 

Committee’s expenses while 

maintaining a financial reserve within 

the maximum amount permitted under 

the order, which is approximately one 

fiscal period’s expense. 

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 178 kiwifruit 

growers in the production area and 

approximately 28 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. 

The California Agricultural Statistics 

Service, (CASS) reported total California 

kiwifruit production for the 2011–12 

season at 37,700 tons, with an average 

price of $775 per ton. Based on the 

average price and shipment information 

provided by the CASS and the 

Committee, it could be concluded that 

the majority of kiwifruit handlers would 

be considered small businesses under 

the SBA definition. Based on kiwifruit 

production and price information, as 

well as the total number of California 

kiwifruit growers, average annual 

grower revenue is less than $750,000. 

Thus, the majority of California 

kiwifruit producers may also be 

classified as small entities. 

This rule continues in effect the 

action that decreased the assessment 

rate established for the Committee and 

collected from handlers for the 2013–14 

and subsequent fiscal years from $0.035 

to $0.025 per 9-kilo volume-fill 

container or equivalent of kiwifruit. The 

Committee unanimously recommended 

2013–14 expenditures of $113,550 and 

an assessment rate of $0.025 per 9-kilo 

volume-fill container. The assessment 

rate of $0.025 is $0.010 lower than the 

2012–13 rate. The quantity of assessable 

kiwifruit for the 2013–14 fiscal year is 

estimated at 2,600,000 9-kilo volume-fill 

containers. Thus, the $0.025 rate should 

provide $65,000 in assessment income 

and when combined with carry-in funds 

and interest income, should be adequate 

to meet this year’s expenses. 

This rule continues in effect the 

action that decreased the assessment 

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7366 Federal Register / Vol. 79, No. 26 / Friday, February 7, 2014 / Rules and Regulations 

obligation imposed on handlers. 

Assessments are applied uniformly on 

all handlers, and some of the costs may 

be passed on to producers. However, 

decreasing the assessment rate reduces 

the burden on handlers, and may reduce 

the burden on producers. 

In addition, the Committee’s meeting 

was widely publicized throughout the 

kiwifruit industry and all interested 

persons were invited to attend the 

meeting and participate in Committee 

deliberations on all issues. Like all 

Committee meetings, the July 11, 2013, 

meeting was a public meeting. 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. No 

changes in those requirements as a 

result of this action are anticipated. 

Should any changes become necessary, 

they would be submitted to OMB for 

approval. 

This action imposes no additional 

reporting or recordkeeping requirements 

on either small or large California 

kiwifruit 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. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rule. 

Comments on the interim rule were 

required to be received on or before 

November 22, 2013. No comments were 

received. Therefore, for the reasons 

given in the interim rule, we are 

adopting the interim rule as a final rule, 

without change. 

To view the interim rule, go to: 

http://www.regulations.gov/#!document

Detail;D=AMS_FRDOC_0001-1100. 

This action also affirms information 

contained in the interim rule concerning 

Executive Orders 12866, 12988, and 

13563; the Paperwork Reduction Act (44 

U.S.C. Chapter 35); and the E-Gov Act 

(44 U.S.C. 101). 

After consideration of all relevant 

material presented, it is found that 

finalizing the interim rule, without 

change, as published in the Federal 

Register (78 FR 62959, October 23, 

2013), will tend to effectuate the 

declared policy of the Act. 

List of Subjects in 7 CFR Part 920 

Kiwifruit, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

PART 920—KIWIFRUIT GROWN IN 

CALIFORNIA 

Accordingly, the interim rule 

amending 7 CFR part 920, which was 

published at 78 FR 62959 on October 

23, 2013, is adopted as final without 

change. 

Dated: January 31, 2014. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2014–02648 Filed 2–6–14; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2013–BT–TP–0044] 

RIN 1904–AD06 

Energy Conservation Program: 

Compliance Date for the Dehumidifier 

Test Procedure 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule. 

SUMMARY: The Department of Energy 

(DOE) is issuing a final rule that will 

require manufacturers to test 

dehumidifiers using the active mode 

provisions in the test procedure for 

dehumidifiers currently found in DOE 

regulations to determine compliance 

with the existing energy conservation 

standards. The appendix in its entirety 

will be required for use by 

manufacturers that make 

representations of standby mode or off 

mode energy use, and, after the 

compliance date for any amended 

energy conservation standards enacted 

in the future that incorporate measures 

of standby mode and off mode energy 

use, to demonstrate compliance with 

such amended standards. The 

amendments in this final rule modify 

the compliance dates to allow use of the 

ANSI/AHAM DH–1–2008 in the near 

term. 

DATES: The effective date of this rule is 

March 10, 2014. The incorporation by 

reference of certain publications listed 

in the rule is approved by the Director 

of the Federal Register as of March 10, 

2014. 

ADDRESSES: The docket, which includes 

Federal Register notices, comments, 

and other supporting documents/

materials, is available for review at 

regulations.gov. All documents in the 

docket are listed in the regulations.gov 

index. However, some documents listed 

in the index, such as those containing 

information that is exempt from public 

disclosure, may not be publicly 

available. 

A link to the docket Web page can be 

found at: http://www.regulations.gov/#

!docketDetail;D=EERE-2013-BT-TP0044. This Web page will contain a link 

to the docket for this rule on the 

regulations.gov site. The regulations.gov 

Web page will contain simple 

instructions on how to access all 

documents, including public comments, 

in the docket. 

For further information on how to 

review the docket, contact Ms. Brenda 

Edwards at (202) 586–2945 or by email: 

Brenda.Edwards@ee.doe.gov. 

FOR FURTHER INFORMATION CONTACT: 

Ashley Armstrong, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Program, EE–2J, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. Email: 

dehumidifiers@ee.doe.gov. 

Elizabeth Kohl, U.S. Department of 

Energy, Office of the General Counsel, 

GC–71, 1000 Independence Avenue 

SW., Washington, DC 20585–0121. 

Telephone: (202) 586–7796. Email: 

elizabeth.kohl@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Authority and Background 

II. Discussion 

III. Procedural Issues and Regulatory Review 

A. Review Under Executive Order 12866 

B. Review Under the Regulatory Flexibility 

Act 

C. Review Under the Paperwork Reduction 

Act of 1995 

D. Review Under the National 

Environmental Policy Act of 1969 

E. Review Under Executive Order 13132 

F. Review Under Executive Order 12988 

G. Review Under the Unfunded Mandates 

Reform Act of 1995 

H. Review Under the Treasury and General 

Government Appropriations Act, 1999 

I. Review Under Executive Order 12630 

J. Review Under Treasury and General 

Government Appropriations Act, 2001 

K. Review Under Executive Order 13211 

L. Review Under Section 32 of the Federal 

Energy Administration Act of 1974 

M. Congressional Notification 

IV. Approval of the Office of the Secretary 

I. Authority and Background 

Title III of the Energy Policy and 

Conservation Act of 1975 (42 U.S.C. 

6291, et seq.; ‘‘EPCA’’ or ‘‘the Act’’) sets 

forth a variety of provisions designed to 

improve energy efficiency. (All 

references to EPCA refer to the statute 

as amended through the American 

Energy Manufacturing Technical 

Corrections Act (AEMTCA), Public Law 

112–210 (Dec. 18, 2012).) Part B of title 

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