Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 62961 

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 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 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. 

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. 

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 

Committee’s information and 

recommendation, 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 upon good cause 

that it is impracticable, unnecessary, 

and contrary to the public interest to 

give preliminary notice prior to putting 

this rule into effect and 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 2013–14 fiscal year 

began on August 1, 2013, handlers 

began shipping kiwifruit in midSeptember, and the order requires that 

the rate of assessment for each fiscal 

period apply to all assessable kiwifruit 

handled during the period; (2) this 

action decreases the assessment rate for 

assessable kiwifruit beginning with the 

2013–14 fiscal year; (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) this interim 

rule provides a 30-day comment period, 

and all comments timely received will 

be considered prior to finalization of 

this rule. 

List of Subjects in 7 CFR Part 920 

Kiwifruit, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 920 is amended as 

follows: 

PART 920—KIWIFRUIT GROWN IN 

CALIFORNIA 

■ 1. The authority citation for 7 CFR 

part 920 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 920.213 is revised to read 

as follows: 

§ 920.213 Assessment rate. 

On and after August 1, 2013, an 

assessment rate of $0.025 per 9-kilo 

volume-fill container or equivalent of 

kiwifruit is established for kiwifruit 

grown in California. 

Dated: October 17, 2013. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2013–24892 Filed 10–22–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 922 

[Doc. No. AMS–FV–13–0041; FV13–922–2 

FR] 

Apricots Grown in Designated 

Counties in Washington; Increased 

Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule increases the 

assessment rate established for the 

Washington Apricot Marketing 

Committee (Committee) for the 2013– 

2014 and subsequent fiscal periods from 

$0.50 to $1.50 per ton of Washington 

apricots handled. The Committee 

locally administers the marketing order, 

which regulates the handling of apricots 

grown in designated counties in 

Washington. Assessments upon apricot 

handlers are used by the Committee to 

fund reasonable and necessary expenses 

of the program. The fiscal period began 

on April 1 and ends March 31. The 

assessment rate will remain in effect 

indefinitely unless modified, 

suspended, or terminated. 

DATES: Effective Date: October 24, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Manuel Michel, Marketing Specialist, or 

Gary D. Olson, Regional Director, 

Northwest Marketing Field Office, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA; Telephone: (503) 326– 

2724, Fax: (503) 326–7440, or Email: 

Manuel.Michel@ams.usda.gov or 

GaryD.Olson@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 Agreement 

No. 132 and Order No. 922, as amended 

(7 CFR Part 922), regulating the 

handling of apricots grown in 

designated counties in Washington, 

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. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. Under the order now in effect, 

apricot handlers in designated counties 

in Washington are subject to 

assessments. Funds necessary to 

administer the order are derived from 

such assessments. It is intended that the 

assessment rate, as issued herein, will 

be applicable to all assessable apricots 

beginning April 1, 2013, 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 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 


tkelley on DSK3SPTVN1PROD with RULES
62962 Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 

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 2013–2014 and subsequent fiscal 

periods from $0.50 to $1.50 per ton of 

Washington apricots handled. 

The 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 

Committee members are producers and 

handlers of apricots in designated 

counties in Washington. They are 

familiar with the Committee’s needs, 

and with the costs for goods and 

services in their local area, and are 

therefore 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 2012–2013 and subsequent 

fiscal periods, the Committee 

recommended, and USDA approved, an 

assessment rate that would continue in 

effect from fiscal period to fiscal period 

unless modified, suspended, or 

terminated by USDA upon 

recommendation and information 

submitted by the Committee or other 

information available to USDA. 

The Committee met on May 13, 2013, 

and unanimously recommended 2013– 

2014 expenditures of $5,370 and an 

assessment rate of $1.50 per ton of 

apricots handled. In comparison, the 

Committee’s budgeted expenditures for 

the previous fiscal period were $4,995. 

The assessment rate of $1.50 per ton is 

$1.00 higher than the rate previously 

established. The higher assessment rate 

is needed to fund an increase in 

administrative costs and to replenish 

the monetary reserve. The increased 

assessment rate of $1.50 per ton is the 

same rate that was in effect for the 

2011–2012 and prior fiscal periods. 

The major expenditures 

recommended by the Committee for the 

2013–2014 fiscal period include $2,500 

for the management fee; $1,200 for 

Committee travel; $1,000 for the annual 

audit; and $670 for office supplies, 

insurance, and miscellaneous expenses. 

In comparison, major expenditures for 

the 2012–2013 fiscal period included 

$2,400 for the management fee; $1,300 

for Committee travel; $750 for the 

annual audit; and $545 for office 

supplies, insurance, and miscellaneous 

expenses. 

The assessment rate recommended by 

the Committee was derived by dividing 

the 2013–2014 anticipated expenses by 

the expected shipments of Washington 

apricots, while also taking into account 

the Committee’s monetary reserve. 

Committee members estimated the 

2013 fresh apricot shipments to be 

approximately 5,950 tons, which should 

generate $8,925 in assessment income. 

Income derived from handler 

assessments should be adequate to cover 

budgeted expenses, with an expected 

surplus of $3,555 that may be placed in 

reserve. Funds in the Committee’s 

reserve are expected to be $5,288 on 

March 31, 2014, which is within the 

maximum permitted by the order’s limit 

of approximately one fiscal period’s 

operational expenses (§ 922.42(a)(2)). 

The assessment rate established 

herein will continue in effect 

indefinitely unless modified, 

suspended, or terminated by USDA 

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 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 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 2013–2014 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 20 handlers 

of Washington apricots who are subject 

to regulation under the order and 

approximately 94 apricot growers in the 

regulated area. Small agricultural 

service firms are defined by the Small 

Business Administration (SBA) (13 CFR 

121.201) as those having annual receipts 

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

agricultural growers are defined as those 

having annual receipts of less than 

$750,000. 

The National Agricultural Statistics 

Service (NASS) reports that the 2012 

total production and utilization 

(including both fresh and processed 

markets) of Washington apricots was 

approximately 6,700 tons, the average 

price was $1,250 per ton, and the total 

farm-gate value was approximately 

$8,371,000. Based on these reports and 

the number of apricot growers within 

the production area, it is estimated that 

the 2012 average revenue from the sale 

of apricots was approximately $89,000. 

In addition, based on information from 

the USDA’s Market News Service, 2012 

f.o.b. prices for WA No.1 apricots 

ranged from $16.00 to $24.00 per 24- 

pound loose-pack container, and from 

$18.00 to $27.00 for 2-layer tray-pack 

containers. Using average prices and 

shipment information provided by the 

Committee, it is determined that each 

Washington apricot handler currently 

ships less than $7,000,000 worth of 

apricots on an annual basis. In view of 

the foregoing, it is concluded that the 

majority of handlers and growers of 

Washington apricots may be classified 

as small entities. 

This rule increases the assessment 

rate established for the Committee and 

collected from handlers for the 2013– 

2014 and subsequent fiscal periods from 

$0.50 to $1.50 per ton of Washington 

apricots handled. The Committee 

unanimously recommended 2013–2014 

expenditures of $5,370 and an 

assessment rate of $1.50 per ton. 

Although the assessment rate of $1.50 

per ton is $1.00 higher than the rate 

established for the 2012–2013 fiscal 

period, it is the same rate as was 

established for the 2011–2012 and prior 

fiscal periods. The Committee estimates 

that the 2013–2014 Washington apricot 

crop will be 5,950 tons. Therefore, the 

$1.50 per ton assessment rate should 

provide approximately $8,925 in 

assessment income and be adequate to 

fund the budgeted expenses for the 

2013–2014 fiscal period. In addition, the 

Committee anticipates that $3,555 will 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 62963 

be added to its monetary reserve, which 

it estimates will be $5,288 on March 30, 

2014. This reserve level is within the 

maximum permitted by the order. 

The major expenditures 

recommended by the Committee for the 

2013–2014 fiscal period include $2,500 

for the management fee; $1,200 for 

Committee travel; $1,000 for the annual 

audit; and $670 for office supplies, 

insurance, and miscellaneous expenses. 

In comparison, major budgeted 

expenditures for the 2012–2013 fiscal 

period included $2,400 for the 

management fee; $1,300 for Committee 

travel; $750 for the annual audit; and 

$545 for office supplies, insurance, and 

miscellaneous expenses. 

The Committee discussed alternatives 

to this action, including recommending 

alternative expenditure levels and 

assessment rates. Although lower 

assessment rates were considered, none 

were selected because they would not 

have generated sufficient income to 

administer the order. Committee 

members also discussed reasons for and 

against regulatory suspension, order 

suspension, and order termination. The 

result of these discussions was the 

Committee’s recommendation to 

maintain the order’s administrative 

functions and to increase the assessment 

rate. 

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 are 

offset by the benefits derived by the 

operation of the marketing order. 

Like all Committee meetings, the May 

13, 2013, meeting was a public meeting 

and all entities, both large and small, 

were able to express their views on this 

issue. The Committee’s meeting was 

widely publicized throughout the 

Washington apricot industry and all 

interested persons were invited to 

attend and participate in Committee 

deliberations on all issues. 

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 necessary. 

Should any changes become necessary, 

they would be submitted to OMB for 

approval. 

This rule does not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

Washington apricot 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 August 20, 2013 (78 FR 

51098). Copies of the proposed rule 

were also made available to all apricot 

handlers by Committee staff. Finally, 

the proposal was made available 

through the Internet by USDA and the 

Office of the Federal Register. A 15-day 

comment period ending September 4, 

2013, 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: 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 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 

2013–2014 fiscal period began on April 

1, 2013, and the order requires that the 

assessment rate for each fiscal period 

apply to all assessable Washington 

apricots 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 already shipping 

Washington apricots from the 2013 

crop; (4) handlers are aware of this rule, 

which was unanimously recommended 

by the Committee at a public meeting 

and is similar to other assessment rate 

actions issued in past years; and (5) a 

15-day comment period was provided 

for in the proposed rule. 

List of Subjects in 7 CFR Part 922 

Apricots, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR Part 922 is amended as 

follows: 

PART 922—APRICOTS GROWN IN 

DESIGNATED COUNTIES IN 

WASHINGTON 

■ 1. The authority citation for 7 CFR 

Part 922 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 922.235 is revised to read 

as follows: 

§ 922.235 Assessment rate. 

On and after April 1, 2013, an 

assessment rate of $1.50 per ton is 

established for Washington apricots 

handled in the production area. 

Dated: October 17, 2013. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2013–24901 Filed 10–22–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 922 

[Doc. No. AMS–FV–13–0040; FV13–922–1 

IR] 

Apricots Grown in Designated 

Counties in Washington; Suspension 

of Handling Regulations 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: This rule suspends the 

minimum grade, size, quality, maturity, 

and inspection requirements prescribed 

under the Washington apricot marketing 

order (order) for the remainder of the 

2013–2014 fiscal period and subsequent 

fiscal periods. The order regulates the 

handling of apricots grown in 

designated counties in Washington and 

is administered locally by the 

Washington Apricot Marketing 

Committee (Committee). This rule 

follows a suspension of the handling 

regulations that was enacted in the 

2012–2013 fiscal period, and is 

expected to reduce overall industry 

expenses and increase net returns to 

growers and handlers. 

DATES: Effective October 24, 2013. 

Comments received by December 23, 


tkelley on DSK3SPTVN1PROD with RULES