Federal Register / Vol. 79, No. 20 / Thursday, January 30, 2014 / Rules and Regulations 4819 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because the crop year began August 1, 

2013, and handlers are already receiving 

2013–14 citrus from growers. The order 

requires that the rate of assessment 

apply to all assessable citrus handled 

during such fiscal period. In addition, 

the Committee needs to have sufficient 

funds to pay its expenses, which are 

incurred on a continuous basis. Further, 

handlers are aware of this rule, which 

was recommended at a public meeting. 

Also, a 15-day comment period was 

provided for in the proposed rule, and 

no comments were received. 

List of Subjects in 7 CFR Part 905 

Grapefruit, Oranges, Reporting and 

recordkeeping requirements, Tangelos, 

Tangerines. 

For the reasons set forth in the 

preamble, 7 CFR part 905 is amended as 

follows: 

PART 905—ORANGES, GRAPEFRUIT, 

TANGERINES, AND TANGELOS 

GROWN IN FLORIDA 

■ 1. The authority citation for 7 CFR 

part 905 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 905.235 is revised to read 

as follows: 

§ 905.235 Assessment rate. 

On and after August 1, 2013, an 

assessment rate of $0.009 per 4⁄5 bushel 

carton or equivalent is established for 

Florida citrus covered under the order. 

Dated: January 24, 2014. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2014–01763 Filed 1–29–14; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 987 

[Doc. No. AMS–FV–13–0053; FV13–987–1 

FIR] 

Domestic Dates Produced or Packed in 

Riverside County, 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 California Date 

Administrative Committee (committee) 

for the 2013–2014 and subsequent fiscal 

periods from $0.90 to $0.40 per 

hundredweight of dates handled. The 

committee locally administers the 

marketing order for dates grown or 

packed in Riverside County, California. 

The interim rule was necessary to allow 

the committee to reduce its operating 

expenses while still providing adequate 

funding to meet program expenses. 

DATES: Effective January 31, 2014. 

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 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/

MarketingOrdersSmallBusinessGuide; 

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. 

987, as amended (7 CFR part 987), 

regulating the handling of dates grown 

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 rule in 

conformance with Executive Orders 

12866 and 13563. 

Under the order, California date 

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 dates for the entire 

fiscal period, and continue indefinitely 

until amended, suspended, or 

terminated. The committee’s fiscal 

period begins on October 1 and ends on 

September 30. 

In an interim rule published in the 

Federal Register on September 3, 2013, 

and effective on October 1, 2013, (78 FR 

54147, Doc. No. AMS–FV–13–0053; 

FV13–987–1 IR), § 987.339, was 

amended by decreasing the assessment 

rate established for California dates for 

the 2013–2014 and subsequent fiscal 

periods from $0.90 to $0.40 per 

hundredweight. The reduction in 

operating expenses allows the 

committee to decrease the per 

hundredweight assessment rate, while 

still providing adequate funding to meet 

program expenses. 

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 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 of 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 

and reported crop year (2011) shows 

that about 4.04 tons, or 8,080 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 2011–12 averaged about $5,414 

(8,080 pounds times $0.67 per pound). 

At that average price, a producer would 

have to farm over 138 acres to receive 

an annual income from dates of 

$750,000 ($750,000 divided by $5,414 

per acre equals 138.53 acres). According 

to committee staff, the majority of 

California date producers farm less than 

138 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 handlers 

of California dates have receipts of less 

than $7,000,000, and may also be 

considered small entities. 

This rule continues in effect the 

action that decreased the assessment 


TKELLEY on DSK3SPTVN1PROD with RULES
4820 Federal Register / Vol. 79, No. 20 / Thursday, January 30, 2014 / Rules and Regulations 

rate established for the committee and 

collected from handlers for the 2013–14 

and subsequent crop years from $0.90 to 

$0.40 per hundredweight of dates 

handled. The committee unanimously 

recommended 2013–14 expenditures of 

$97,700 and an assessment rate of $0.40 

per hundredweight of dates, which is 

$0.50 lower than the 2012–13 rate. The 

quantity of assessable dates for the 

2013–14 crop year is estimated at 

26,500,000 pounds (265,000 

hundredweight). Thus, the $0.40 rate 

should provide $106,000 in assessment 

income. Income derived from handler’s 

assessments should be adequate to meet 

2013–14 crop year expenses. 

This rule continues in effect the 

action that decreased the assessment 

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 

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 June 20, 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. 0581–0178, 

Vegetable and Specialty Crops. 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 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. 

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 4, 2013. No comments were 

received. Therefore, for 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–FV-13-0053-0001. 

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 54147, September 3, 

2013) will tend to effectuate the 

declared policy of the Act. 

List of Subjects in 7 CFR Part 987 

Dates, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

PART 987—DATES PRODUCED OR 

PACKED IN RIVERSIDE COUNTY, 

CALIFORNIA 

Accordingly, the interim rule 

amending 7 CFR part 987, which was 

published at 78 FR 54147 on September 

3, 2013, is adopted as a final rule, 

without change. 

Dated: January 24, 2014. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2014–01747 Filed 1–29–14; 8:45 am] 

BILLING CODE 3410–02–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0141; 9905–88– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Attainment Plan for the 

Philadelphia-Wilmington, 

Pennsylvania-New Jersey-Delaware 

Nonattainment Area for the 1997 

Annual Fine Particulate Matter 

Standard; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: This document corrects an 

error in the preamble language of a final 

rule pertaining to EPA’s approval of 

Delaware’s state implementation plan 

(SIP) revision demonstrating Delaware’s 

attainment of the 1997 annual fine 

particulate matter (PM2.5) national 

ambient air quality standard (NAAQS) 

for the Philadelphia-Wilmington, 

Pennsylvania-New Jersey-Delaware 

(PA–NJ–DE) nonattainment area 

(Philadelphia Area) submitted by the 

Delaware Department of Natural 

Resources and Environmental Control. 

DATES: This final rule is effective on 

January 30, 2014, and is applicable 

beginning January 16, 2014. 

FOR FURTHER INFORMATION CONTACT: Rose 

Quinto, (215) 814–2182 or by email at 

quinto.rose@.epa.gov. 

SUPPLEMENTARY INFORMATION: EPA 

inadvertently printed an incorrect 

column title on a table entitled, 

Delaware’s Motor Vehicle Budgets for 

the 1997 Annual PM2.5 NAAQS. This 

action corrects the table in rule 

document [FR document No. 2013– 

29803] published in the Federal 

Register on December 17, 2013 (78 FR 

76209). The table is corrected as 

follows: On page 76212 on the third 

column of the table, correct the title 

which now reads volatile organic 

compound (VOC), to read PM2.5. 

Section 553 of the Administrative 

Procedure Act, 5 U.S.C. 553(b)(3)(B), 

provides that, when an agency for good 

cause finds that notice and public 

procedure are impracticable, 

unnecessary or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. EPA 

has determined that there is good cause 

for making today’s rule final without 

prior proposal and opportunity for 

comment because we are merely 

correcting an incorrect citation in a 

previous action. Thus, notice and public 

procedure are unnecessary. We find that 

this constitutes good cause under 5 

U.S.C. 553(b)(3)(B). 

Statutory and Executive Order Reviews 

Under Executive Order (E.O.) 12866 

(58 FR 51735, October 4, 1993), this 

action is not a ‘‘significant regulatory 

action’’ and is therefore not subject to 

review by the Office of Management and 

Budget. For this reason, this action is 

also not subject to Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355 (May 

22, 2001)). Because EPA has made a 

‘‘good cause’’ finding that this action is 

not subject to notice-and-comment 

requirements under the Administrative 

Procedures Act or any other statute as 

indicated in the Supplementary 

Information section above, it is not 

subject to the regulatory flexibility 

provisions of the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq), or to sections 

202 and 205 of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Pub. L. 

104–4). In addition, this action does not 


TKELLEY on DSK3SPTVN1PROD with RULES