Voglio sapere a riguardo di…

64343

Rules and Regulations
Federal Register Vol. 86, No. 220
Thursday, November 18, 2021

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.

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

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

This rule implements a recommendation from the California Date Administrative Committee Committee to increase the assessment rate for the 202021 and subsequent crop years. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
DATES: Effective December 20, 2021.
FOR FURTHER INFORMATION CONTACT:
Barry Broadbent, Senior Marketing Specialist, West Region Branch, Market Development Division, Specialty Crops Program, AMS, USDA; Telephone: 503
3262724, or Email: Barry.Broadbent@
usda.gov.
Small businesses may request information on complying with this regulation by contacting Richard Lower, Market Development Division, Specialty Crops Program, AMS, USDA, 1400
Independence Avenue SW, STOP 0237, Washington, DC 202500237;
Telephone: 202 7202491, or Email:
Richard.Lower@usda.gov.
SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553, amends regulations issued to carry out a marketing order as defined in 7 CFR
900.2j. This final 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
khammond on DSKJM1Z7X2PROD with RULES

SUMMARY:

VerDate Sep<11>2014

16:09 Nov 17, 2021

Jkt 256001

Agreement Act of 1937, as amended 7
U.S.C. 601674, hereinafter referred to as the Act. The 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 final 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 final 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. The Agricultural Marketing Service AMS has determined that this 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 final rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the Order now in effect, California date handlers are subject to assessments. Funds to administer the Order are derived from such assessments. The assessment rate is applicable to all assessable dates for the 202021 crop year, and will 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
PO 00000

Frm 00001

Fmt 4700

Sfmt 4700

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. The members are familiar with the Committees needs and with the costs of goods and services in their local area and 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 rule increases the assessment rate from $0.15 per hundredweight, the rate that was established for the 2018
19 and subsequent crop years, to $0.20
per hundredweight of dates handled for the 202021 and subsequent crop years.
The Committee recommended the increased assessment rate to compensate for increasing administrative expenses.
The higher assessment rate will provide sufficient funds to cover most of the 202021 crop year anticipated expenses, with the balance coming from other income and the Committees financial reserve.
The Committee met on June 25, 2020, and unanimously recommended increasing the assessment rate from $0.15 per hundredweight to $0.20 per hundredweight to fund necessary administrative expenses and maintain a sufficient operating reserve. The assessment rate increase will provide sufficient funds to cover most of the Committees 202021 crop year budgeted expenses, with the balance coming from other revenue sources and reserve funds.
The Committee estimates the 202021
domestic date crop to be 32,000,000
pounds 320,000 hundredweight, which is expected to generate $64,000
in assessment income at the $0.20 per
E:FRFM18NOR1.SGM

18NOR1