This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final

rules. 

# Proposed Rules Federal Register 

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Vol. 79, No. 66

Monday, April 7, 2014

**DEPARTMENT OF AGRICULTURE**

**Agricultural Marketing Service**

**7 CFR Part 987**

**[Docket No. AMS–FV–13–0090; FV14–987– 2 PR]** 

**Domestic Dates Produced or Packed in Riverside County, California; Revision**  **of Assessment Requirements**

**AGENCY :**  Agricultural Marketing Service,

USDA.

**ACTION :**  Proposed rule.

**SUMMARY :**  This proposed rule invites comments on proposed rules and regulations necessary for the California
Date Administrative Committee (committee) to exercise its authority to impose interest and late payment charges on overdue handler
assessments. The California date marketing order (order) regulates the handling of dates produced or packed in Riverside County, California, and is administered locally by the committee. Assessments upon date handlers are
used to fund the reasonable and necessary expenses of the committee. These changes are expected to assist in
the financial administration of the order by encouraging handlers to pay their assessments in a timely manner.

**DATES :**  Comments must be received by June 6, 2014.

**ADDRESSES :**  Interested persons are
invited to submit written comments concerning this proposal. Comments must be sent to the Docket Clerk, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250–0237; Fax: (202) 720–8938; or

Internet: http://www.regulations.gov. All
comments should reference the docket number, and the date and page number
of this issue of the Federal Register , and will be available for public inspection in the Office of the Docket Clerk during regular business hours, or can be viewed

at: http://www.regulations.gov. All comments submitted in response to this proposal will be included in the record
and will be made available to the public. Please be advised that the identity of the individuals or entities submitting comments will be made public on the internet at the address provided above.

**FOR FURTHER INFORMATION CONTACT :**  Terry Vawter, Senior 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: Terry.Vawter@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 proposal is issued under Marketing Agreement and Order No. 987, as amended (7 CFR Part 987), regulating the handling of dates produced or packed in Riverside County, 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 proposed rule in
conformance with Executive Orders 12866, 13563, and 13175.

This proposal has been reviewed under Executive Order 12988, Civil Justice Reform. This proposed rule is
not intended to have retroactive effect.

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 proposed rule invites comments on proposed rules and regulations necessary for the committee to exercise its authority to impose interest and late payment charges on overdue handler assessments. Interest and late payment charges would encourage California date handlers to pay their assessments promptly when billed by the committee.

The order was amended on June 25, 2012, [77 FR 37762], to provide authority for the committee to recommend these proposed actions, thereby permitting these changes through informal rulemaking, with the approval of the Secretary.

Section 987.72 of the order establishes the authority for the committee to
collect assessments from handlers. Paragraph (b) of that section specifically
authorizes the committee to establish rules and regulations regarding delinquent assessment payments, including subjecting overdue
assessments to an interest or late payment charge, or both; and authorizes
the committee to recommend to USDA the period of time at which assessments become late, the rate of interest, and the late payment charge to be imposed on such delinquent assessments.

The California date industry is a small industry with 70 producers and 11
handlers. If a handler withholds an assessment payment, it has an impact on the committee’s ability to administer
the order. The committee believes that adding the authority to charge interest and late payment fees would provide greater incentive for handlers to make assessment payments on time. This, in turn, would help ensure that the
committee is able to meet its financial obligations, and continue to fund its programs on a continuing basis.

Charging interest and late payment fees on unpaid financial obligations is commonplace in the business world, and implementation of such charges would bring the committee’s financial operations in line with standard business practices. Such charges would remove any financial advantage for those who do not pay on time while


### 19029 Federal Register / Vol. 79, No. 66 / Monday, April 7, 2014 / Proposed Rules

they benefit from committee programs, thus, creating a more level playing field for the industry.

For those reasons, the committee unanimously recommended an interest rate of 1.5 percent per month, a late payment charge of 10 percent on the unpaid balance, and specified that assessment payments become overdue at 60 days after the date on the
assessment invoice. This
recommendation was made at a committee meeting on October 31, 2013. Based upon the above considerations, this action proposes interest and late payment charges for delinquent payment of assessments.

Initial 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 initial 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 70 producers of dates in the production area and 11 handlers subject to regulation under the marketing order. The Small Business
Administration defines small agricultural producers as those having annual receipts less than $750,000, and small agricultural service firms as those whose annual receipts are less than $7,000,000. (13 CFR 121.201)

According to the National Agricultural Statistics Service (NASS), data for the most recently completed crop year (2012) shows that about 3.70 tons, or 7,400 pounds, of dates were produced per acre. The 2012 grower price published by NASS was $1,340 per ton, or $0.67 per pound. Thus, the value of date production per acre in the 2012–13 crop year averaged about $4,958 (7,400 pounds times $0.67 per pound). At that average price, a producer would have to farm over 151
acres to receive an annual income from dates of $750,000 ($750,000 divided by $4,958 per acre equals 151.2 acres). According to committee staff, the majority of California date producers farm less than 151 acres. Thus, it can be concluded that the majority of date producers could be considered small

entities.

In addition, according to data from the committee staff, the majority of California dates handlers have receipts of less than $7,000,000, and may also be
considered small entities.

This proposal would implement an interest charge of 1.5 percent monthly, and a late payment charge of 10 percent on the unpaid balance on handler
assessments owed to the committee 60 days after the date on the assessment

invoice.

At the meeting, the committee discussed the impact of these changes on handlers. They noted that the greatest impact would only be on handlers who may not pay their assessments on time. Such charges would provide an incentive for all handlers to pay their assessments in a timely manner.

The committee also discussed alternatives to these changes, including not implementing them at all. It was determined that not implementing interest and late payment charges would allow the current problem to continue. Late or delinquent assessment payments negatively impact the committee’s ability to efficiently manage the program’s resources and meet budget obligations. The committee concluded that encouraging timely assessment payment through the imposition of interest and late payment charges would
benefit the administration of the order. Thus, the committee unanimously recommended these changes.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the order’s information collection requirements have been previously approved by the Office of Management and Budget (OMB) and assigned OMB No. 0581–0178, ‘‘Vegetable and Specialty Crop Marketing Orders.’’ 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 action imposes no additional reporting or recordkeeping requirements on either small or large Riverside County, California, date 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.

USDA has not identified any relevant Federal rules that duplicate, overlap, or
conflict with this rule.

In addition, the committee’s meeting was widely publicized throughout the California date industry, and all interested persons were invited to attend the meeting and encouraged to participate in committee deliberations
on all issues. Like all committee meetings, the October 31, 2013, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. Finally, interested persons are invited to submit comments on this proposed rule, including the regulatory and informational impacts of this action on
small businesses.

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.

A 60-day comment period is provided to allow interested persons to respond to this proposal. All written comments timely received will be considered
before a final determination is made on
this matter.

List of Subjects in 7 CFR Part 987

Dates, Marketing agreements, Reporting and recordkeeping requirements.

For the reasons set forth in the preamble, 7 CFR part 987 is proposed to
be amended as follows:

**PART 987—DOMESTIC DATES**
**PRODUCED OR PACKED IN RIVERSIDE COUNTY, CALIFORNIA** 

■ 1. The authority citation for 7 CFR part 987 continues to read as follows:

Authority: 7 U.S.C. 601–674.

■ 2. Section 987.172 is amended by revising the section heading, designating the existing paragraph as paragraph (a), and adding new paragraphs (b) and (c) to read as follows:

**§ 987.172 Adjustment of assessment obligation, and late payment and interest**  **charges.**

* * * * *

(b) Pursuant to § 987.72, the committee shall impose an interest charge on any handler whose assessment payment has not been received in the committee’s office, or the envelope containing the payment


### 19030 Federal Register / Vol. 79, No. 66 / Monday, April 7, 2014 / Proposed Rules

legibly postmarked by the U.S. Postal Service, within 60 days of the invoice
date shown on the handler’s statement. The interest charge shall be a rate of one and one half percent per month, and shall be applied to the unpaid
assessment balance for the number of days all or any part of the unpaid balance is delinquent beyond the 60-day payment period.

(c) In addition to the interest charge specified in paragraph (b) of this section, the committee shall impose a late payment charge on any handler whose payment has not been received in the committee’s office, or the envelope containing the payment legibly postmarked by the U.S. Postal Service, within 60 days of the invoice date. The late payment charge shall be 10 percent of the unpaid balance.

Dated: April 2, 2014.

Rex A. Barnes, Associate Administrator, Agricultural Marketing Service.

[FR Doc. 2014–07701 Filed 4–4–14; 8:45 am]

**BILLING CODE P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 71**

**[Docket No. FAA–2014–0013; Airspace Docket No. 13–ASW–33]** 

**Proposed Amendment of Class E Airspace; Taylor, TX** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Notice of proposed rulemaking (NPRM).

**SUMMARY :**  This action proposes to amend Class E airspace at Taylor, TX. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAPs) at Taylor Municipal Airport. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for SIAPs at the airport. Airport coordinates would also be adjusted.

**DATES :**  Comments must be received on or before May 22, 2014.

**ADDRESSES :**  Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. You must identify the docket number FAA–2014– 0013/Airspace Docket No. 13–ASW–33, at the beginning of your comments. You may also submit comments through the

Internet at http://www.regulations.gov. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. The Docket Office telephone 1–800– 647–5527, is on the ground floor of the building at the above address.

**FOR FURTHER INFORMATION CONTACT :**  Raul Garza, Jr., Central Service Center, Operations Support Group, Federal Aviation Administration, Southwest Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone: 817–321–

7654.

**SUPPLEMENTARY INFORMATION :** 

Comments Invited

Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both
docket numbers and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments
on this notice must submit with those comments a self-addressed, stamped postcard on which the following
statement is made: ‘‘Comments to Docket No. FAA–2014–0013/Airspace Docket No. 13–ASW–33.’’ The postcard will be date/time stamped and returned
to the commenter.

Availability of NPRMs

An electronic copy of this document may be downloaded through the

Internet at http://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA’s Web page at http:// www.faa.gov/airports

_ airtraffic/air

_ traffic/publications/airspace

_ amendments/.

You may review the public docket containing the proposal, any comments received and any final disposition in person in the Dockets Office (see

**ADDRESSES** section for address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. An informal docket may also be examined during
normal business hours at the office of the Central Service Center, 2601 Meacham Blvd., Fort Worth, TX 76137.

Persons interested in being placed on a mailing list for future NPRMs should contact the FAA’s Office of Rulemaking (202) 267–9677, to request a copy of Advisory Circular No. 11–2A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure.

The Proposal

This action proposes to amend Title 14, Code of Federal Regulations (14 CFR), Part 71 by amending Class E airspace to accommodate new standard instrument approach procedures at Taylor Municipal Airport, Taylor, TX. Accordingly, an additional segment
would extend from the 6.4-mile radius of the airport to 10.7 miles north of the airport, to retain the safety and management of IFR aircraft in Class E airspace to/from the en route environment. Airport coordinates would also be adjusted.

Class E airspace areas are published in Paragraph 6005 of FAA Order 7400.9X, dated August 7, 2013 and effective September 15, 2013, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation
listed in this document would be published subsequently in the Order.

The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore, (1) is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal.
Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the Regulatory Flexibility Act.

The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the U.S. Code. Subtitle 1, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use