12034 Federal Register / Vol. 79, No. 42 / Tuesday, March 4, 2014 / Rules and Regulations 

kiwifruit producers may also be 

classified as small entities. In addition, 

based on data from the U.S. Census 

Bureau, Department of Commerce, the 

value of imported kiwifruit for 50 of the 

53 importers was less than $7,000,000. 

Thus, it can be concluded that the 

majority of kiwifruit importers may be 

classified as small entities. 

This rule continues in effect the 

action that relaxed the minimum grade 

requirement for KAC No. 1 kiwifruit 

grown in California and for imported 

kiwifruit. This rule relaxes the tolerance 

for kiwifruit that is ‘‘badly misshapen’’ 

from 7 percent to 16 percent under the 

provisions of §§ 920.302(b) and 944.550 

of the order. Authority for the change in 

the order’s rules and regulations is 

provided in § 920.53. The change in the 

import regulation is provided under 

section 8e of the Act. 

This action is not expected to increase 

costs associated with the order 

requirements or the kiwifruit import 

regulation. Rather, this action is 

expected to reduce costs to handlers and 

growers of kiwifruit, and to increase 

efficiencies in the packing process. 

Increasing the tolerance for misshapen 

fruit will reduce the amount of product 

that fails to meet the minimum grade, 

thus reducing re-sorting and repacking 

costs and reducing inefficiencies in the 

packing process. The quality of fruit to 

consumers is not expected to be 

significantly affected. 

Importers also benefit from this 

change as a greater volume of fruit is 

available for shipment to the United 

States. The opportunities and benefits of 

this rule are equally available to all 

kiwifruit handlers, growers, and 

importers, regardless of their size. 

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, Generic 

Fruit Crops. 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 will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

kiwifruit handlers in California or 

importers. 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. In addition, USDA has 

not identified any relevant Federal rules 

that duplicate, overlap, or conflict with 

this rule. 

Further, the Committee’s meeting 

where this change was recommended 

was widely publicized throughout the 

California kiwifruit industry. All 

interested persons were invited to 

attend the meeting and participate in 

Committee deliberations. Like all 

Committee meetings, the March 27, 

2013, meeting was a public meeting. All 

entities, both large and small, were able 

to express their views on this issue. 

Comments on the interim rule were 

required to be received on or before 

September 20, 2013. One comment was 

received. The commenter supported this 

action, stating that increasing the 

tolerance for misshapen fruit would 

decrease food waste and increase the 

availability of affordable fresh fruit for 

consumers. No changes are being made 

to the interim rule based on comments 

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/

#!documentDetail;D=AMS-FV-13-0032- 

0001. 

This action also affirms information 

contained in the interim rule concerning 

Executive Orders 12866 and 12988, the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35), and the E-Gov Act (44 

U.S.C. 101). 

In accordance with section 8e of the 

Act, the United States Trade 

Representative has concurred with the 

issuance of this final rule. 

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 43758, July 22, 2013) 

will tend to effectuate the declared 

policy of the Act. 

List of Subjects 

7 CFR Part 920 

Kiwifruit, Marketing agreements. 

7 CFR Part 944 

Avocados, Food grades and standards, 

Grapefruit, Grapes, Imports, Kiwifruit, 

Limes, Olives, Oranges. 

§§ 920 AND 944 [AMENDED] 

Accordingly, the interim rule that 

amended 7 CFR parts 920 and 944 and 

that was published at 78 FR 43758 on 

July 22, 2013, is adopted as a final rule, 

without change. 

Dated: February 25, 2014. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2014–04689 Filed 3–3–14; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 993 

[Doc. No. AMS–FV–13–0065; FV13–993–1 

FR] 

Dried Prunes Produced in California; 

Increased Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule increases the 

assessment rate established for the 

Prune Marketing Committee 

(Committee) for the 2013–14 and 

subsequent crop years from $0.22 to 

$0.28 per ton of salable dried prunes 

handled. The Committee locally 

administers the marketing order, which 

regulates the handling of dried prunes 

grown in California. Assessments upon 

dried prune handlers are used by the 

Committee to fund reasonable and 

necessary expenses of the program. The 

crop year begins August 1 and ends July 

31. The assessment rate will remain in 

effect indefinitely unless modified, 

suspended, or terminated. 

DATES: Effective Date: March 5, 2014. 

FOR FURTHER INFORMATION CONTACT: Jerry 

L. Simmons, Marketing Specialist, or 

Martin Engeler, Regional Director, 

California Marketing Field Office, Fruit 

and Vegetable Program, AMS, USDA; 

Telephone: (559) 487–5901, Fax: (559) 

487–5906, or Email: Jerry.Simmons@

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 rule 

is issued under Marketing Agreement 

No. 110 and Order No. 993, both as 

amended (7 CFR part 993), regulating 

the handling of dried prunes grown in 

California, hereinafter referred to as the 

‘‘order.’’ The order is effective under the 

Agricultural Marketing Agreement Act 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 79, No. 42 / Tuesday, March 4, 2014 / Rules and Regulations 12035 

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 marketing order now 

in effect, California dried prune 

handlers are subject to assessments. 

Funds 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 dried prunes beginning on 

August 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 

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 2013–14 and subsequent crop years 

from $0.22 to $0.28 per ton of salable 

dried prunes handled. 

The California dried prune marketing 

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 

members of the Committee are 

producers and handlers of California 

dried prunes. They are familiar with the 

Committee’s needs and with the costs 

for goods and services in their local 

area. Therefore, they are 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 2011–12 and subsequent crop 

years, the Committee recommended, 

and USDA approved, an assessment rate 

that would continue in effect from crop 

year to crop year 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 June 25, 2013, 

and unanimously recommended 2013– 

14 expenditures of $43,791 and an 

assessment rate of $0.28 per ton of 

salable dried prunes. The assessment 

rate of $0.28 is $0.06 higher than the 

rate currently in effect, even though last 

year’s budgeted expenditures of $44,968 

were higher than those recommended 

for this year. 

The Committee unanimously 

recommended the higher assessment 

rate because the production estimate of 

105,000 tons of salable dried prunes for 

the 2013–14 crop year is substantially 

lower than the 137,285 tons produced 

during the 2012–13 crop year. Using the 

proposed assessment rate, assessment 

income for the 2013–14 crop year will 

be $29,400. Assessment income, 

combined with funds carried over from 

the prior crop year and interest income, 

is expected to be adequate to cover 

budgeted expenses for the year. 

The major expenditures 

recommended by the Committee for the 

2013–14 year include $26,944 for 

salaries, $9,538 for operating expenses, 

and $7,308 for contingencies. Budgeted 

expenses for these items in 2012–13 

were $22,997, $9,970, and $12,001, 

respectively. 

The assessment rate recommended by 

the Committee was derived by 

considering the funds needed to meet 

anticipated expenses, the estimated 

salable tons of California dried prunes, 

excess funds in the amount of $14,384 

carried forward into the 2013–14 crop 

year, and estimated interest income in 

the amount of $7. As mentioned earlier, 

dried prune production for the year is 

estimated at 105,000 salable tons, which 

should provide $29,400 in assessment 

income. Income derived from handler 

assessments, along with interest income 

and funds from the Committee’s 

authorized reserve, will be adequate to 

cover budgeted expenses. 

The assessment rate established in 

this rule 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 crop year 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 2013–14 budget and those 

for subsequent crop years would 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 businesses. 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 800 

producers of dried prunes in the 

production area and approximately 21 

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 

of less than $750,000, and small 

agricultural service firms are defined as 

those whose annual receipts are less 

than $7,000,000. 

Committee data indicates that about 

64 percent of the handlers ship less than 

$7,000,000 worth of dried prunes. 

Dividing the average prune crop value 

for 2012 reported by the National 

Agricultural Statistics Service (NASS) of 

$172,500,000 by the number of 

producers (800) yields an average 

annual producer revenue estimate of 

about $215,625. Based on the foregoing, 

the majority of handlers and producers 

of dried prunes may be classified as 

small entities. 

This rule increases the assessment 

rate established for the Committee and 

collected from handlers for the 2013–14 

and subsequent crop years from $0.22 to 

$0.28 per ton of salable dried prunes. 

The Committee unanimously 

recommended 2013–14 expenditures of 

$43,791 and an assessment rate of $0.28 

per ton of salable dried prunes. The 

assessment rate of $0.28 is $0.06 higher 


emcdonald on DSK67QTVN1PROD with RULES
12036 Federal Register / Vol. 79, No. 42 / Tuesday, March 4, 2014 / Rules and Regulations 

than the 2012–13 rate. The quantity of 

assessable dried prunes for the 2013–14 

crop year is estimated at 105,000 tons. 

Thus, the $0.28 rate should provide 

$29,400 in assessment income, and 

when combined with carry-in funds and 

interest income, should be adequate to 

meet this year’s expenses. 

The major expenditures 

recommended by the Committee for the 

2013–14 year include $26,944 for 

salaries, $9,538 for operating expenses, 

and $7,308 for contingencies. Budgeted 

expenses for these items in 2012–13 

were $22,997, $9,970, and $12,001, 

respectively. 

The Committee unanimously 

recommended the higher assessment 

rate because the production estimate of 

105,000 tons of salable dried prunes for 

this year is substantially lower than the 

137,285 tons produced last year. At the 

current assessment rate, the anticipated 

crop would not generate sufficient 

revenue to meet the 2013–14 budgeted 

expenses. 

Prior to arriving at this budget and 

assessment rate, the Committee 

considered information from various 

sources, including the Committee’s 

Executive Subcommittee. The 

assessment rate of $0.28 per ton of 

salable dried prunes was recommended 

after considering various factors, 

including the amount of handler 

assessment revenue needed to meet 

anticipated expenses, the estimated 

quantity of salable tons of California 

dried prunes for the 2013–14 crop year, 

excess funds carried forward into the 

2013–14 crop year, and estimated 

interest income. An alternative to this 

action would be to continue with the 

$0.22 per ton assessment rate. However, 

an assessment rate of $0.28 per ton of 

salable dried prunes, along with excess 

funds from the 2012–13 crop year, is 

needed to provide sufficient income to 

fund the Committee’s operations. 

A review of historical crop and price 

information, as well as preliminary 

information pertaining to the 2013–14 

season, indicates that the producer price 

for salable dried prunes for the 2013–14 

season could average about $1,300 per 

ton. Utilizing this estimate and the 

proposed assessment rate of $0.28, 

estimated assessment revenue as a 

percentage of total estimated producer 

revenue should be about 0.02 percent 

for the 2013–14 season ($0.28 divided 

by $1,300 per ton). 

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 from the 

operation of the marketing order. In 

addition, the Committee’s meeting was 

widely publicized throughout the 

California dried prune industry. All 

interested persons were invited to 

attend the meeting and participate in 

Committee deliberations on all issues. 

Like all Committee meetings, the June 

25, 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. 0581–0178. 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 imposes no additional 

reporting or recordkeeping requirements 

on either small or large California dried 

prune 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 October 23, 2013 (78 FR 

63128). Copies of the proposed rule 

were also mailed or sent via facsimile to 

all dried prune handlers. Finally, the 

proposal was made available through 

the Internet by USDA and the Office of 

the Federal Register. A 15-day comment 

period ending November 7, 2013, was 

provided for interested persons to 

respond to the proposal. 

One comment was received during 

the comment period in response to the 

proposal. The commenter expressed 

disagreement with the proposed 

increase in the assessment rate and that 

the increase in the assessment should be 

reconsidered. The commenter also 

asserted that the proposal failed to 

explain how the additional cost coupled 

with the substantial decrease in 

production of dried prunes for the 

2013–14 year would harm handlers and 

producers. We disagree. 

The proposal stated that the members 

of the Committee that unanimously 

recommended the increased assessment 

rate are producers and handlers of 

California dried prunes, and represent 

those who are affected by the 

assessment rate. They are familiar with 

the Committee’s needs and with the 

costs for goods and services in their 

local area. The assessment rate was 

formulated and the increase was 

thoroughly discussed in a public 

meeting. The Committee members and 

other interested parties did not believe 

that the increase in the assessment rate, 

as proposed, would harm either 

handlers or producers. Further, the 

increase to $0.28 is approximately 

.022% of the producer price for salable 

dried prunes, which could average 

about $1,300 per ton for the 2013–14 

season. The percent of producer price 

for the last four years was .017%, 

.023%, .012%, and .020%, respectively. 

Therefore, AMS has concluded that the 

proposed assessment rate, as proposed, 

is reasonable and in line with previous 

years’ rates. Further, the increase is the 

minimal amount necessary to fund basic 

Committee operations. Accordingly, no 

change to the assessment rate as 

proposed is made in the final 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/ 

AMSv1.0/

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 

2013–14 crop year began on August 1, 

2013, and the marketing order requires 

that the rate of assessment for each crop 

year apply to all assessable dried prunes 

handled during such crop year; (2) the 

Committee needs to have sufficient 

funds to pay its expenses, which are 

incurred on a continuous basis; and (3) 

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. Also, a 15-day 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 79, No. 42 / Tuesday, March 4, 2014 / Rules and Regulations 12037 

comment period was provided for in the 

proposed rule. 

List of Subjects in 7 CFR Part 993 

Marketing agreements, Plums, Prunes, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 993 is amended as 

follows: 

PART 993—DRIED PRUNES 

PRODUCED IN CALIFORNIA 

■ 1. The authority citation for 7 CFR 

part 993 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 993.347 is revised to read 

as follows: 

§ 993.347 Assessment rate. 

On and after August 1, 2013, an 

assessment rate of $0.28 per ton of 

salable dried prunes is established for 

California dried prunes. 

Dated: February 25, 2014. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2014–04691 Filed 3–3–14; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1220 

[Docket No. AMS–LPS–13–0066] 

Soybean Promotion, Research, and 

Consumer Information Program: 

Amendment of Procedures and 

Notification of Request for Referendum 

AGENCY: Agricultural Marketing Service 

(AMS); U.S. Department of Agriculture 

(USDA). 

ACTION: Interim final rule with 

opportunity for comments. 

SUMMARY: This interim final rule would 

amend the procedures to Request a 

Referendum by removing the specific 

number of soybean producers eligible to 

request a referendum under the Soybean 

Promotion, Research, and Consumer 

Information program, commonly known 

as the Soybean Checkoff Program. The 

number of soybean producers will be 

replaced with language that allows the 

Secretary of Agriculture (Secretary) to 

update this number based on 

information provided by USDA. 

Additionally, this action would remove 

specific USDA and Farm Service 

Agency (FSA) Web site and office 

addresses and replace them with more 

flexible language. These changes will 

enable AMS to announce future 

Requests for Referendum without 

engaging in additional notice-andcomment rulemaking. This rule also 

serves as AMS’ official notice that 

soybean producers may request a 

referendum to determine if producers 

want a referendum on the Soybean 

Promotion and Research Order (Order), 

as authorized under the Soybean 

Promotion, Research, and Consumer 

Information Act (Act). If at least 10 

percent (not in excess of one-fifth of 

which may be producers in any one 

State) of eligible producers, as 

determined by USDA, participate in the 

Request for Referendum, a referendum 

will be held within 1 year from that 

determination. If results of the Request 

for Referendum indicate that a 

referendum is not supported, a 

referendum would not be conducted. 

The results of the Request for 

Referendum will be published in the 

Federal Register. 

DATES: Effective March 5, 2014. 

Comments must be received by April 3, 

2014. 

ADDRESSES: Comments may be posted 

online at www.regulations.gov, or sent 

to James R. Brow, Agricultural 

Marketing Specialist, Research and 

Promotion Division, Livestock, Poultry 

and Seed Program, AMS, USDA, Room 

2610–S, STOP 0251, 1400 Independence 

Avenue SW., Washington, DC, 20250– 

0251; or via Fax to (202) 720–1125. 

Comments will be made available for 

public inspection at the above address 

during regular business hours or via the 

Internet at www.regulations.gov. 

Comments received will be posted 

without change, including any personal 

information provided. All comments 

should reference the document number, 

Document No. AMS–LPS–13–0066; the 

date of submission; and the page 

number of this issue in the Federal 

Register. 

AMS also announces that soybean 

producers may request a referendum 

during a 4-week period beginning on 

May 5, 2014, and ending May 30, 2014. 

To be eligible to participate in the 

Request for Referendum, producers 

must certify that they or the producer 

entity they are authorized to represent 

paid an assessment at any time between 

January 1, 2012, and December 31, 2013. 

Form LS–51–1, Soybean Promotion 

and Research Order Request for 

Referendum, may be obtained by mail, 

fax, or in person from FSA county 

offices from May 5, 2014, to May 30, 

2014. Form LS–51–1 may also be 

obtained via the internet at http:// 

www.ams.usda.gov/AMSv1.0/

SoybeanInformationont

heSoybeanRequestforReferendum 

during the same time period. Completed 

forms and supporting documentation 

must be returned to the appropriate 

county FSA office by fax or in person 

no later than close of business May 30, 

2014; or if returned by mail, must be 

postmarked by midnight May 30, 2014, 

and received in the county FSA office 

by close of business on June 6, 2014. 

FOR FURTHER INFORMATION CONTACT: 

James Brow, Agricultural Marketing 

Specialist, Research and Promotion 

Division, Livestock, Poultry and Seed 

Program, AMS, USDA, Room 2092–S, 

STOP 0251, 1400 Independence Avenue 

SW., Washington, DC, 20250–0251; 

Telephone 202/720–0633; Fax 202/720– 

1125; email to James.Brow@

ams.usda.gov or Rick Pinkston, Field 

Operations Staff, FSA, USDA, at 

Telephone 202/720–1857, Fax 202/720– 

1096, or by email at Rick.Pinkston@

wdc.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Executive Order 12866 and Executive 

Order 13563 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health, and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. This action has 

been designated as a ‘‘non-significant 

regulatory action’’ under § 3(f) of 

Executive Order 12866. Accordingly, 

the Office of Management and Budget 

(OMB) has waived the review process. 

Executive Order 13175 

This interim final rule has been 

reviewed in accordance with the 

requirements of Executive Order 13175, 

Consultation and Coordination with 

Indian Tribal Governments. The review 

reveals that this interim final rule would 

not have substantial and direct effects 

on Tribal Governments and would not 

have significant tribal implications. 

Executive Order 12988 

This interim final rule has been 

reviewed under Executive Order 12988, 

Civil Justice Reform. This action is not 

intended to have a retroactive effect. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 1971 of the Act, a person subject 


emcdonald on DSK67QTVN1PROD with RULES