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Proposed Rules
Federal Register Vol. 86, No. 163
Thursday, August 26, 2021

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.

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service 7 CFR Part 987
Doc. No. AMSSC210056; SC219871
PR

Domestic Dates Produced or Packed in Riverside County, California; Increased Assessment Rate Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
AGENCY:

This proposed rule would implement a recommendation from the California Date Administrative Committee to increase the assessment rate for the 202021 and subsequent crop years. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
DATES: Comments must be received by September 10, 2021.
ADDRESSES: Interested persons are invited to submit comments concerning this proposed rule. Comments must be submitted via the internet at: http
www.regulations.gov. All comments should reference the document number and the date and page number of this issue of the Federal Register. All comments submitted in response to this proposed rule will be included in the record and the identity of the individuals or entities submitting the comments will be made public on the internet at the address provided above.
FOR FURTHER INFORMATION CONTACT:
Barry Broadbent, Senior Marketing Specialist, Northwest Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: 503 326
2724, or Email: Barry.Broadbent@
usda.gov.
Small businesses may request information on complying with this regulation by contacting Richard Lower, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence
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SUMMARY:

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Avenue SW, STOP 0237, Washington, DC 202500237; Telephone: 202 720
2491, or Email: Richard.Lower@
usda.gov.
SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553, proposes an amendment to regulations issued to carry out a marketing order as defined in 7 CFR 900.2j. This proposed rule is issued under Marketing Order No. 987, as amended 7 CFR part 987, regulating the handling of domestic dates produced or packed in Riverside County, California. Part 987, referred to as the Order, is effective under the Agricultural Marketing Agreement Act of 1937, as amended 7 U.S.C. 601674, hereinafter referred to as the Act. The California Date Administrative Committee Committee locally administers the Order and is comprised of producers and producer-handlers operating within the area of production.
The Department of Agriculture USDA is issuing this proposed rule in conformance with Executive Orders 12866 and 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 falls within a category of regulatory actions that the Office of Management and Budget OMB exempted from Executive Order 12866 review.
This proposed rule has been reviewed under Executive Order 13175
Consultation and Coordination with Indian Tribal Governments, which requires agencies to consider whether their rulemaking actions would have tribal implications. AMS has determined that this proposed rule is unlikely to have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.
This proposed rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the Order now in
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effect, California date handlers are subject to assessments. Funds to administer the Order are derived from such assessments. It is intended that the assessment rate would be applicable to all assessable dates for the 202021 crop year, 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 608c15A of the Act 7 U.S.C.
60815A, 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 USDAs ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling.
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.
Members are familiar with the Committees needs and costs of goods and services in their local area, and they can 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.
This proposed rule would increase the assessment rate from $0.15 per hundredweight, the rate that was established for the 201819 and subsequent crop years, to $0.20 per hundredweight of dates handled for the 202021 and subsequent crop years. The Committee met on June 25, 2020, and unanimously recommended increasing the assessment rate to fund necessary administrative expenses and maintain a sufficient operating reserve. The rate increase should provide sufficient funds to cover most of the Committees 2020
21 crop year budgeted expenses, with the balance coming from other revenue sources and reserve funds.

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