This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

72967 

Vol. 79, No. 236 

Tuesday, December 9, 2014 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 987 

[Docket No. AMS–FV–14–0057; FV14–987– 

3 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 2014–15 and subsequent crop 

years from $0.40 to $0.20 per 

hundredweight of dates handled. The 

committee locally administers the 

marketing order, which regulates the 

handling of dates grown or packed in 

Riverside County, California. The 

interim rule decreased the assessment 

rate due to a significant decrease in the 

committee’s budgeted expenses. The 

interim rule was necessary to allow the 

committee to reduce the assessment rate 

for the 2014–15 crop year. 

DATES: Effective December 10, 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/

MarketingOrderSmallBusinessGuide; 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 Agreement 

and Order No. 987, both 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 rule in 

conformance with Executive Orders 

12866, 13563, and 13175. 

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 crop 

year, and continue indefinitely until 

amended, suspended, or terminated. 

The committee’s crop year begins on 

October 1, and ends on September 30. 

In an interim rule published in the 

Federal Register on August 27, 2014, 

and effective on October 1, 2014, (79 FR 

51067, Doc. No. AMS–FV–14–0057, 

FV14–987–3 IR), § 987.339 was 

amended by decreasing the assessment 

rate established for California dates for 

the 2014–15 crop year and subsequent 

crop years from $0.40 to $0.20 per 

hundredweight of dates handled. The 

decrease in the assessment rate was the 

result of decreased committee expenses 

for the 2014–15 crop year. 

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 date 

producers 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 

crop year (2012) 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 

California date handlers 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 

rate established for the committee and 

collected from handlers for the 2014–15 

and subsequent crop years from $0.40 to 

$0.20 per hundredweight of dates 

handled. The committee unanimously 

recommended 2014–15 expenditures of 

$56,200, and an assessment rate of $0.20 

per hundredweight of dates, which is 

$0.20 lower than the 2013–14 rate 

previously in effect. The quantity of 

assessable dates for the 2014–15 crop 

year is estimated at 27,000,000 pounds 

(270,000 hundredweight). Thus, the 

$0.20 rate should provide $54,000 in 

assessment income. Income derived 

from handler assessments, funds already 

in the committee’s monetary reserve, 


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72968 Federal Register / Vol. 79, No. 236 / Tuesday, December 9, 2014 / Rules and Regulations 

along with the $5,000 contribution from 

the surplus program, should be 

adequate to cover expenses for the 

2014–15 crop year. 

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 meetings and encouraged to 

participate in committee deliberations 

on all issues. Like all committee 

meetings, the June 25, 2014, 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 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. 

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 

October 27, 2014. 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/

#!documentDetail;D=AMS-FV-14-0057- 

0001. 

This action also affirms information 

contained in the interim rule concerning 

Executive Orders 12866, 12988, 13175, 

and 13563; the Paperwork Reduction 

Act (44 U.S.C. Chapter 35); and the EGov 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 (79 FR 51067, August 27, 2014) 

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 79 FR 51067 on August 27, 

2014, is adopted as a final rule, without 

change. 

Dated: December 4, 2014. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2014–28834 Filed 12–8–14; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2014–0450; Directorate 

Identifier 2013–NM–250–AD; Amendment 

39–18037; AD 2014–24–04] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all The 

Boeing Company Model MD–90–30 

airplanes. This AD was prompted by 

reports of cracks emanating from the aftmost barrel nut holes of the left and 

right upper rear spar caps of the 

horizontal stabilizer. This AD requires 

repetitive high frequency eddy current 

(ETHF) inspections for cracks in the 

areas around the two aft-most barrel nut 

holes of the upper rear spar caps, and 

corrective action if necessary; and 

repetitive ETHF inspections for cracks 

in the areas around the two aft-most 

barrel nut holes of any repaired or 

replaced upper rear spar cap, and 

corrective actions if necessary. We are 

issuing this AD to detect and correct 

such cracks, which could propagate 

until the upper rear spar cap severs, and 

result in failure of the horizontal 

stabilizer upper center or aft skin panel 

and adversely affect the structural 

integrity of the airplane. 

DATES: This AD is effective January 13, 

2015. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of January 13, 2015. 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, 3855 

Lakewood Boulevard, MC D800–0019, 

Long Beach, CA 90846–0001; telephone 

206–544–5000, extension 2; fax 206– 

766–5683; Internet https://

www.myboeingfleet.com. You may view 

this referenced service information at 

the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., 

Renton, WA. For information on the 

availability of this material at the FAA, 

call 425 227–1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2014– 

0450; or in person at the Docket 

Management Facility between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (phone: 800–647–5527) is 

Docket Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

George Garrido, Aerospace Engineer, 

Airframe Branch, ANM–120L, FAA, Los 

Angeles Aircraft Certification Office, 

3960 Paramount Boulevard, Lakewood, 

CA 90712–4137; phone: 562–627–5357; 

fax: 562–627–5210; email: 

george.garrido@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to all The Boeing Company Model 

MD–90–30 airplanes. The NPRM 

published in the Federal Register on 

July 18, 2014 (79 FR 41943). The NPRM 

was prompted by reports of cracks 

emanating from the aft-most barrel nut 

holes of the left and right upper rear 

spar caps of the horizontal stabilizer. 

The NPRM proposed to require 

repetitive high frequency eddy current 

(ETHF) inspections for cracks in the 


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