This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

51098 

Vol. 78, No. 161 

Tuesday, August 20, 2013 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 922 

[Doc. No. AMS–FV–13–0041; FV13–922–2 

PR] 

Apricots Grown in Designated 

Counties in Washington; Increased 

Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

increase 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 marketing order. The fiscal period 

begins April 1 and ends March 31. The 

higher rate is deemed necessary to fund 

an increase in the Committee’s proposed 

budget and replenish its reserve. The 

proposed assessment rate would remain 

in effect indefinitely unless modified or 

suspended, or if the marketing order 

were terminated. 

DATES: Comments must be received by 

September 4, 2013. 

ADDRESSES: Interested persons are 

invited to submit written comments on 

this proposed rule. Comments must be 

sent to the Docket Clerk, Marketing 

Order and Agreement Division, Fruit 

and Vegetable Program, AMS, USDA, 

1400 Independence Avenue SW., STOP 

0237, Washington, DC 20250–0237; Fax: 

(202) 720–8938; or internet: http://

www.regulations.gov. 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 in the 

Office of the Docket Clerk during regular 

business hours, or can be viewed at: 

http://www.regulations.gov. All 

comments submitted in response to this 

proposed rule will be included in the 

record and will be made available to the 

public. Please be advised that the 

identity of the individuals or entities 

submitting comments will be made 

public on the internet at the address 

provided above. 

FOR FURTHER INFORMATION CONTACT: 

Manuel Michel or Gary D. Olson, 

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 

proposed 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 proposed rule in 

conformance with Executive Order 

12866. 

This proposed 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 to administer the 

order are derived from such 

assessments. It is intended that the 

assessment rate, as proposed herein, 

would be applicable to all assessable 

Washington apricots beginning April 1, 

2013, and continue until amended or 

suspended, or until the order is 

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 entry of the 

ruling. 

This proposed rule would increase 

the assessment rate for the Committee 

for the 2013–2014 and subsequent fiscal 

periods from $0.50 to $1.50 per ton for 

Washington apricots handled under the 

order. 

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 

members of the Committee are growers 

and handlers of apricots in designated 

counties in Washington. They are 

familiar with the Committee’s needs, 

and with the costs of 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. 

The Committee met on May 13, 2013, 

and unanimously recommended 

expenditures of $5,370 for the 2013– 

2014 fiscal period. In comparison, the 

Committee’s budgeted expenditures for 

the previous fiscal period were $4,995. 

The Committee also unanimously 

recommended an assessment rate of 

$1.50 per ton of Washington apricots. 

The recommended assessment rate of 

$1.50 is $1.00 higher than the rate 

currently in effect. The higher 

assessment rate is needed to fund a 

proposed increase in administrative 

costs and to replenish the reserve. The 

increased assessment rate is the same 

rate that was in effect in 2011 and 

previous years. 


sroberts on DSK5SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 161 / Tuesday, August 20, 2013 / Proposed Rules 51099 

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 proposed expenses for 

2013–2014 fiscal period are comparable 

to the expenses from last year, with a 

slight increase in management fees, 

offset by an equal reduction in travel 

expenses. Higher audit and insurance 

fees account for the majority of the 

remaining $375 difference in the yearover-year budget increase. 

The Committee’s recommended 

assessment rate 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 production to be 

approximately 5,950 tons, which would 

be smaller than the 2012 production of 

6,700 tons. The smaller crop is 

attributed to the effects of weather, 

pollination and tree health. 

The recommended assessment rate of 

$1.50 per ton, when multiplied by the 

5,950 tons of estimated 2013 

Washington apricot shipments, is 

expected to generate $8,925 in handler 

assessments. The projected revenue 

from handler assessments would be 

adequate to cover the 2013–2014 

budgeted expenses of $5,370, with a 

$3,555 surplus that would be added to 

the reserve. The Committee plans to 

increase its monetary reserve from 

$1,733 at the beginning of the 2013– 

2014 fiscal period to approximately 

$5,288 at the end of the fiscal period. 

That amount would be within the 

provisions of the order and would 

provide the Committee with greater 

ability to withstand fluctuations in 

assessment income and expenses in the 

future. 

The proposed assessment rate would 

continue in effect indefinitely unless 

modified or suspended, or until the 

order is terminated by USDA upon 

recommendation and information 

submitted by the Committee, or other 

available information. 

Although this assessment rate would 

be in effect for an indefinite period, the 

Committee would 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 the 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 would 

evaluate Committee recommendations 

and other available information to 

determine whether modification of the 

assessment rate is needed and further 

rulemaking would be undertaken as 

necessary. The Committee’s 2013–2014 

budget and those for subsequent fiscal 

periods would be reviewed and, as 

appropriate, approved by USDA. 

Initial 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 

proposed rule on small entities. 

Accordingly, AMS has prepared this 

initial 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 of 

the Washington apricot handlers 

currently ship 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 proposal would increase 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 proposed 

assessment rate of $1.50 is $1.00 higher 

than the rate established for the 2012– 

2013 fiscal period, it is the same rate as 

was established in 2011 and prior years. 

The Committee estimates that the 

2013–2014 Washington apricot crop 

will be 5,950 tons. At the proposed 

$1.50 per ton assessment rate, the 

Committee anticipates assessment 

income of approximately $8,925, which 

would be adequate to cover budgeted 

expenses for the 2013–2014 fiscal 

period. In addition, at the proposed 

assessment rate and expense level, the 

Committee anticipates that $3,555 

would be added to its monetary reserve, 

which it estimates would be $5,288 on 

March 30, 2014. That reserve level is 

within the maximum permitted by the 

order of approximately one fiscal 

period’s operational expenses 

(§ 922.42(a)(2)). 

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 


sroberts on DSK5SPTVN1PROD with PROPOSALS
51100 Federal Register / Vol. 78, No. 161 / Tuesday, August 20, 2013 / Proposed Rules 

functions and to increase the assessment 

rate. 

This action would increase the 

assessment obligation imposed on 

handlers. While the increase would 

impose some additional costs on 

handlers, the costs are minimal and 

uniform on all handlers. Additionally, 

these costs would be offset by the 

benefits derived from the operation of 

the 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 the 

Committee’s deliberations. Finally, 

interested persons are invited to submit 

comments on this proposed rule, 

including the regulatory and 

informational impacts of this action on 

small businesses. 

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 proposed rule would 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. 

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 action. 

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. 

A 15-day comment period is provided 

to allow interested persons to respond 

to this proposed rule. Fifteen days is 

deemed appropriate 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; and (4) 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. 

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 proposed to 

be 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 or after April 1, 2013, an 

assessment rate of $1.50 per ton is 

established for Washington apricots 

handled in the production area. 

Dated: August 14, 2013. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2013–20264 Filed 8–19–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF ENERGY 

10 CFR Part 429 

[Docket No. EERE–2013–BT–NOC–0023] 

Appliance Standards and Rulemaking 

Federal Advisory Committee: Notice of 

Open Teleconference/Webinar 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of open Teleconference/ 

Webinar. 

SUMMARY: This notice announces a 

meeting of the Appliance Standards and 

Rulemaking Federal Advisory 

Committee (ASRAC). The Federal 

Advisory Committee Act, requires that 

agencies publish notice of an advisory 

committee meeting in the Federal 

Register. 

DATES: Thursday, September 12, 2013 at 

1:00 p.m.–5:00 p.m. (EDT). 

ADDRESSES: Webinar Only, you may 

register at https://

www1.gotomeeting.com/register/

304561617. 

FOR FURTHER INFORMATION CONTACT: John 

Cymbalsky, ASRAC Designated Federal 

Officer, Program Manager for Appliance 

Standards and Building Codes, U.S. 

Department of Energy (DOE), Office of 

Energy Efficiency and Renewable 

Energy, 950 L’Enfant Plaza SW., 

Washington, DC 20024. Email: asrac@

ee.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Purpose of Meeting: To provide 

advice and recommendations to the 

Energy Department on the development 

of standards and test procedures for 

residential appliances and commercial 

equipment, certification and 

enforcement of standards, and product 

labeling. 

Tentative Agenda: (Subject to change; 

final agenda will be posted at http://

www1.eere.energy.gov/buildings/

appliance_standards/asrac.html: 

• Update on Commercial HVAC, 

Water Heating, and Refrigeration 

Certification Working Group efforts. 

Æ Openly review and deliberate on 

working group’s formed 

recommendations. 

• Discussion regarding commercial/

industrial pumps working group. 

• Any new business as discussed by 

the ASRAC committee members. 

Public Participation: Members of the 

public are welcome to observe the 

business of the meeting and, if time 

allows, may make oral statements 

during the specified period for public 

comment. To attend the meeting and/or 

to make oral statements regarding any of 

the items on the agenda, email asrac@

ee.doe.gov. In the email, please indicate 

your name, organization (if appropriate), 

citizenship, and contact information. 

Please note that foreign nationals 

visiting DOE Headquarters are subject to 

advance security screening procedures. 

Members of the public will be heard 

in the order in which they sign up for 

the Public Comment Period. Time 

allotted per speaker will depend on the 

number of individuals who wish to 

speak but will not exceed five minutes. 

Reasonable provision will be made to 

include the scheduled oral statements 

on the agenda. The co-chairs of the 


sroberts on DSK5SPTVN1PROD with PROPOSALS