Federal Register / Vol. 78, No. 246 / Monday, December 23, 2013 / Proposed Rules 77367 

impact on the rights, roles and 

responsibilities of State, local, or tribal 

governments. 

List of Subjects in 5 CFR Part 894 

Administrative practice and 

procedure, Employee benefit plans, 

Government employees, Reporting and 

recordkeeping requirements, 

Retirement. 

U.S. Office of Personnel Management. 

Katherine Archuleta, 

Director. 

Accordingly, OPM proposes to amend 

5 CFR part 894 as follows: 

PART 894—FEDERAL EMPLOYEE 

DENTAL AND VISION PROGRAM 

■ 1. The authority citation for part 894 

continues to read as follows: 

Authority: 5 U.S.C. 8962; 5 U.S.C. 8992; 

subpart C also issued under sec. 1 of Pub. L. 

110–279, 122 Stat. 2604. 

Subpart A—Administration and 

General Provisions 

■ 2. Section 894.101 is amended by 

removing the definition of QLE and 

adding in its place a definition of QLE 

qualifying life event to read as follows: 

§ 894.101 Definitions. 

* * * * * 

QLE qualifying life event means an 

event in this part 894 that permits an 

enrollment change and also includes all 

applicable QLEs defined in 5 CFR part 

892 allowing enrollment in FEHB for 

those making pre-tax payment of FEHB 

premiums. 

* * * * * 

Subpart E—Enrolling and Changing 

Enrollment 

■ 3. Section 894.502 is amended as 

follows: 

§ 894.502 What are the Qualifying Life 

Events (QLEs) that allow me to enroll? 

QLEs allowing enrollment in FEDVIP 

include the QLEs described in this part 

894 and include applicable QLEs in 5 

CFR part 892 allowing enrollment in 

FEHB for those making pre-tax payment 

of FEHB premiums. 

■ 4. Section 894.507 is amended by 

adding new paragraph (c) to read as 

follows: 

§ 894.507 After I’m enrolled, may I change 

from one dental or vision plan or plan 

option to another? 

* * * * * 

(c) Outside of open season, you may 

change from one dental and/or vision 

plan to another plan or one plan option 

to another option if you have 

experienced a QLE. QLEs for dental and 

vision coverage are described in this 

part 894 and 5 CFR part 892 allowing 

enrollment in FEHB for those making 

pre-tax payment of FEHB premiums. 

■ 5. Section 894.508 is amended by 

revising paragraph (e) to read as follows: 

§ 894.508 When may I increase my type of 

enrollment? 

* * * * * 

(e) QLEs for dental and vision 

coverage are described in this part 894 

and 5 CFR part 892 allowing enrollment 

in FEHB for those making pre-tax 

payment of FEHB premiums. 

[FR Doc. 2013–30413 Filed 12–20–13; 8:45 am] 

BILLING CODE 6325–63–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 981 

[Doc. No. AMS–FV–13–0082; FV14–981–1 

CR] 

Almonds Grown in California; 

Continuance Referendum 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Referendum order. 

SUMMARY: This document directs that a 

referendum be conducted among 

eligible growers of almonds in 

California to determine whether they 

favor continuance of the marketing 

order that regulates the handling of 

almonds grown in California. 

DATES: The referendum will be 

conducted from February 18 through 

March 7, 2014. To vote in this 

referendum, growers must have 

produced almonds in California during 

the period of August 1, 2012, through 

July 31, 2013. 

ADDRESSES: Copies of the marketing 

order may be obtained from the 

California Marketing Field Office, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, U.S. Department of Agriculture, 

2202 Monterey Street, Suite 102B, 

Fresno, California, 93721–3129, or the 

Office of the Docket Clerk, Marketing 

Order and Agreement Division, Fruit 

and Vegetable Program, AMS, USDA, 

1400 Independence Avenue SW., STOP 

0237, Washington, DC 20250–0237, or 

internet: regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Maria Stobbe, 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: 

Maria.Stobbe@ams.usda.gov or 

Martin.Engeler@ams.usda.gov, 

respectively. 

SUPPLEMENTARY INFORMATION: Pursuant 

to Marketing Order No. 981 (7 CFR part 

981), hereinafter referred to as the 

‘‘order,’’ and the applicable provisions 

of the Agricultural Marketing 

Agreement Act of 1937, as amended (7 

U.S.C. 601–674), hereinafter referred to 

as the ‘‘Act,’’ it is hereby directed that 

a referendum be conducted to ascertain 

whether continuance of the order is 

favored by growers. The referendum 

shall be conducted from February 18 

through March 7, 2014, among eligible 

California almond growers. Only current 

growers that were also engaged in the 

production of almonds in California 

during the period of August 1, 2012, 

through July 31, 2013, may participate 

in the continuance referendum. 

USDA has determined that 

continuance referenda are an effective 

means for determining whether growers 

favor the continuation of marketing 

order programs. USDA would consider 

termination of the order if fewer than 

two-thirds of the growers voting in the 

referendum and growers of less than 

two-thirds of the volume of California 

almonds represented in the referendum 

favor continuance. In evaluating the 

merits of continuance versus 

termination, USDA will consider the 

results of the continuance referendum 

and other relevant information 

regarding operation of the order. USDA 

will evaluate the order’s relative 

benefits and disadvantages to growers, 

handlers, and consumers to determine 

whether continuing the order would 

tend to effectuate the declared policy of 

the Act. 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

Chapter 35), the ballot materials used in 

the referendum herein ordered have 

been approved by the Office of 

Management and Budget (OMB), under 

OMB No. 0581–0178, Almonds Grown 

in California. It has been estimated that 

it will take an average of 10 minutes for 

each of the approximately 6,400 growers 

of California almonds to cast a ballot. 

Participation is voluntary. Ballots 

postmarked after March 7, 2014, will 

not be included in the vote tabulation. 

Martin Engeler and Maria Stobbe of 

the California Marketing Field Office, 

Fruit and Vegetable Program, AMS, 

USDA, are hereby designated as the 

referendum agents of the Secretary of 

Agriculture to conduct this referendum. 

The procedure applicable to the 

referendum shall be the ‘‘Procedure for 


tkelley on DSK3SPTVN1PROD with PROPOSALS
77368 Federal Register / Vol. 78, No. 246 / Monday, December 23, 2013 / Proposed Rules 

the Conduct of Referenda in Connection 

With Marketing Orders for Fruits, 

Vegetables, and Nuts Pursuant to the 

Agricultural Marketing Agreement Act 

of 1937, as Amended’’ (7 CFR 900.400– 

900.407). 

Ballots will be mailed to all growers 

of record and may also be obtained from 

the referendum agents or from their 

appointees. 

List of Subjects in 7 CFR Part 981 

Almonds, Marketing agreements, 

Nuts, Reporting and recordkeeping 

requirements. 

Authority: 7 U.S.C. 601–674. 

Dated: December 17, 2013. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2013–30391 Filed 12–20–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1216 

[Document Number AMS–FV–13–0042] 

Peanut Promotion, Research, and 

Information Order; Amendment to 

Primary Peanut-Producing States and 

Adjustment of Membership 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This proposal invites 

comments on adding the State of 

Arkansas as a primary peanut-producing 

State under the Peanut Promotion, 

Research, and Information Order 

(Order). The Order is administered by 

the National Peanut Board (Board) with 

oversight by the U.S. Department of 

Agriculture (USDA). Under the Order, 

primary peanut-producing States must 

maintain a 3-year average production of 

at least 10,000 tons of peanuts. 

Arkansas’s peanut production meets 

this requirement. Primary peanutproducing States also have a seat on the 

Board, and this proposal would also add 

a seat on the Board for the State of 

Arkansas. The Board recommended this 

action to ensure that the Board’s 

representation reflects changes in the 

geographical distribution of the 

production of peanuts. 

DATES: Comments must be received by 

January 22, 2014. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this proposal. Comments 

may be submitted on the Internet at: 

http://www.regulations.gov or to the 

Promotion and Economics Division, 

Fruit and Vegetable Program, AMS, 

USDA, 1400 Independence Avenue 

SW., Room 1406–S, Stop 0244, 

Washington, DC 20250–0244; facsimile: 

(202) 205–2800. All comments should 

reference the document number and the 

date and page number of this issue of 

the Federal Register and will be made 

available for public inspection, 

including name and address, if 

provided, in the above office during 

regular business hours or it can be 

viewed at http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jeanette Palmer, Marketing Specialist, 

Promotion and Economics Division, 

Fruit and Vegetable Program, AMS, 

USDA, Stop 0244, 1400 Independence 

Avenue SW., Room 1406–S, 

Washington, DC 20250–0244; telephone: 

(202) 720–9915; facsimile: (202) 205– 

2800; or electronic mail: 

Jeanette.Palmer@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This 

proposed rule is issued under the Order 

(7 CFR part 1216). The Order is 

authorized under the Commodity 

Promotion, Research, and Information 

Act of 1996 (1996 Act)(7 U.S.C. 7411– 

7425). 

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 section 3(f) of 

Executive Order 12866. Accordingly, 

the Office of Management and Budget 

(OMB) has waived the review process. 

Executive Order 13175 

This action has been reviewed in 

accordance with the requirements of 

Executive Order 13175, Consultation 

and Coordination with Indian Tribal 

Governments. The review reveals that 

this regulation would not have 

substantial and direct effects on Tribal 

governments and would not have 

significant Tribal implications. 

Executive Order 12988 

This proposal has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. It is not intended to 

have retroactive effect. Section 524 of 

the 1996 Act provides that it shall not 

affect or preempt any other Federal or 

State law authorizing promotion or 

research relating to an agricultural 

commodity. 

Under section 519 of the 1996 Act, a 

person subject to an order may file a 

written petition with USDA stating that 

an order, any provision of an order, or 

any obligation imposed in connection 

with an order, is not established in 

accordance with the law, and request a 

modification of an order or an 

exemption from an order. Any petition 

filed challenging an order, any 

provision of an order, or any obligation 

imposed in connection with an order, 

shall be filed within two years after the 

effective date of an order, provision, or 

obligation subject to challenge in the 

petition. The petitioner will have the 

opportunity for a hearing on the 

petition. Thereafter, USDA will issue a 

ruling on the petition. The 1996 Act 

provides that the district court of the 

United States for any district in which 

the petitioner resides or conducts 

business shall have the jurisdiction to 

review a final ruling on the petition, if 

the petitioner files a complaint for that 

purpose not later than 20 days after the 

date of the entry of USDA’s final ruling. 

Background 

This proposed rule invites comments 

on adding the State of Arkansas as a 

primary peanut-producing State under 

the Order. The Order is administered by 

the Board with oversight by USDA. This 

proposal would also add a seat on the 

Board for the State of Arkansas. Under 

the Order, primary peanut-producing 

States must maintain a 3-year average 

production of at least 10,000 tons of 

peanuts. Arkansas’s peanut production 

meets this requirement. Primary peanutproducing States also have a seat on the 

Board. This action would ensure that 

the Board’s representation reflects 

changes in the geographical distribution 

of the production of peanuts covered 

under the Order. 

The Order became effective on July 

30, 1999. Under the Order, the Board 

administers a nationally-coordinated 

program of promotion, research, and 

information designed to strengthen the 

position of peanuts in the market place 

and to develop, maintain, and expand 

the demand for peanuts in the United 

States. Under the program, all peanut 

producers pay an assessment of one 

percent of the total value of all farmers’ 

stock peanuts. The assessments are 

remitted to the Board by handlers and, 

for peanuts under loan, by the 

Commodity Credit Corporation. 


tkelley on DSK3SPTVN1PROD with PROPOSALS