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

19028 

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 


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

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 


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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 


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