80_FR_50349 80 FR 50189 - Apricots Grown in Designated Counties in Washington; Decreased Assessment Rate

80 FR 50189 - Apricots Grown in Designated Counties in Washington; Decreased Assessment Rate

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 80, Issue 160 (August 19, 2015)

Page Range50189-50191
FR Document2015-20436

This rule implements a recommendation from the Washington Apricot Marketing Committee (Committee) for a decrease in the assessment rate from $1.50 to $0.75 per ton of Washington apricots handled for the 2015-2016 and subsequent fiscal periods. The Committee locally administers the marketing order and is comprised of producers and handlers 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 program. The fiscal period begins April 1 and ends March 31. The new assessment rate will remain in effect indefinitely unless modified, suspended or terminated.

Federal Register, Volume 80 Issue 160 (Wednesday, August 19, 2015)
[Federal Register Volume 80, Number 160 (Wednesday, August 19, 2015)]
[Rules and Regulations]
[Pages 50189-50191]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20436]



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Rules and Regulations
                                                Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
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under 50 titles pursuant to 44 U.S.C. 1510.

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Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / 
Rules and Regulations

[[Page 50189]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 922

[Doc. No. AMS-FV-15-0033; FV15-922-1 IR]


Apricots Grown in Designated Counties in Washington; Decreased 
Assessment Rate

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: This rule implements a recommendation from the Washington 
Apricot Marketing Committee (Committee) for a decrease in the 
assessment rate from $1.50 to $0.75 per ton of Washington apricots 
handled for the 2015-2016 and subsequent fiscal periods. The Committee 
locally administers the marketing order and is comprised of producers 
and handlers 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 program. The fiscal period 
begins April 1 and ends March 31. The new assessment rate will remain 
in effect indefinitely unless modified, suspended or terminated.

DATES: Effective August 20, 2015. Comments received by October 19, 
2015, will be considered prior to issuance of a final rule.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this 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: www.regulations.gov. 
Comments should reference the docket number and the date and page 
number of this issue of the Federal Register and will be available for 
public inspection in the Office of the Docket Clerk during regular 
business hours, or can be viewed at: www.regulations.gov. All comments 
submitted in response to this 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 the comments will be 
made public on the Internet at the address provided above.

FOR FURTHER INFORMATION CONTACT: Teresa Hutchinson, Marketing 
Specialist, or Gary Olson, Regional Director, 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: Teresa.Hutchinson@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 rule is issued under Marketing 
Agreement No. 132 and Order No. 922 (7 CFR 922), as amended, 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 rule in 
conformance with Executive Orders 12866, 13563, and 13175.
    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. Under the marketing 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 issued herein 
will be applicable to all assessable Washington apricots beginning 
April 1, 2015, 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 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 
the entry of the ruling.
    This rule decreases the assessment rate established for the 
Committee for the 2015-2016 and subsequent fiscal periods from $1.50 to 
$0.75 per ton of Washington apricots handled under the order.
    The Washington apricot marketing 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 producers and handlers of 
apricots in designated counties in Washington. They are familiar with 
the Committee's needs and with the costs for goods and services in 
their local area and are thus 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.
    For the 2013-2014 and subsequent fiscal periods, the Committee 
recommended, and the USDA approved, an assessment rate that would 
continue in effect from fiscal period to fiscal period unless modified, 
suspended, or terminated by USDA upon recommendation and information 
submitted by the Committee or other information available to USDA.
    The Committee met on May 12, 2015, and unanimously recommended 
expenditures of $7,610 for the 2015-2016 fiscal period. In comparison, 
the

[[Page 50190]]

previous fiscal period's budgeted expenditures were $7,095. The 
Committee also unanimously recommended an assessment rate of $0.75 per 
ton of apricots. The recommended assessment rate of $0.75 is $0.75 
lower than the current rate of $1.50 per ton.
    The Committee believes that decreasing the assessment rate will 
allow the Committee to fund its financial obligations and reduce its 
current monetary reserve of $10,353. If the current assessment rate was 
continued, then the Committee's monetary reserve would exceed the 
maximum permitted by the order of approximately one fiscal period's 
operational expenses.
    The major expenditures recommended by the Committee for the 2015-
2016 fiscal period include $3,000 for the management/administration 
fee, $2,500 for the annual audit review, $1,200 for Committee travel, 
and $500 for computer tech services, software, and equipment. In 
comparison, major expenditures for the 2014-2015 fiscal period included 
$3,000 for the management/administration fee, $2,500 for the annual 
audit review, $1,000 for Committee travel, and $50 for computer tech 
services, software, and equipment.
    Committee members estimated the 2015 fresh apricot production to be 
approximately 5,800 tons. The Committee's recommended assessment rate 
was then derived by dividing the 2015-2016 anticipated expenses by the 
expected shipments of Washington apricots, while also taking into 
account the Committee's monetary reserve. The recommended assessment 
rate of $0.75 per ton of apricots multiplied by the 5,800 tons of 
estimated 2015 Washington apricot shipments would generate $4,350 in 
handler assessments. The projected revenue from handler assessments, 
along with funds from the Committee's monetary reserve of $10,353, will 
be adequate to cover the 2015-2016 budgeted expenses of $7,610. The 
Committee's monetary reserve is expected to be approximately $7,093 at 
the end of the 2015-2016 fiscal period which is within the maximum 
permitted by the order of approximately one fiscal period's operational 
expenses.
    The assessment rate established in this rule will continue in 
effect indefinitely unless modified, suspended, or terminated by USDA 
upon recommendation and information submitted by the Committee or other 
available information.
    Although this assessment rate is effective for an indefinite 
period, the Committee will 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 will evaluate Committee 
recommendations and other available information to determine whether 
modification of the assessment rate is needed. Further rulemaking will 
be undertaken as necessary. The Committee's 2015-2016 budget and those 
for subsequent fiscal periods will be reviewed, and continue to be 
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 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 100 producers of apricots in the production 
area and approximately 17 handlers subject to regulation under the 
marketing order. Small agricultural producers are defined by the Small 
Business Administration (SBA) (13 CFR 121.201) as those having annual 
receipts of less than $750,000, and small agricultural service firms 
are defined as those having annual receipts of less than $7,000,000.
    The National Agricultural Statistics Service reported that in 2014 
the Washington apricot total utilization (including both fresh and 
processed markets) of 8,500 tons sold for an average of $1,080 per ton. 
Consequently, the total farm-gate value in 2014 was approximately 
$9,180,000. Based on the number of producers in the production area 
(100), the 2014 average revenue from the sale of apricots is estimated 
at approximately $91,800 per producer. In addition, based on 
information from the USDA's Market News Service, 2014 f.o.b. prices for 
WA No. 1 apricots ranged from $20.00 to $26.00 per 24-pound loose-pack 
container, and from $22.00 to $30.00 for 2-layer tray-pack containers. 
Using average price 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 can be concluded that the majority of producers 
and handlers of Washington apricots may be classified as small 
entities.
    This rule decreases the assessment rate established by the 
Committee and collected from handlers for the 2015-2016 and subsequent 
fiscal periods from $1.50 to $0.75 per ton of apricots handled under 
the order's authority. The Committee also unanimously recommended 2015-
2016 expenditures of $7,610. With a 2015-2016 Washington apricot crop 
estimate of 5,800 fresh market tons, the Committee anticipates 
assessment income of approximately $4,350. Income derived from handler 
assessments, along with funds from the Committee's monetary reserve, 
will be adequate to cover budgeted expenses for the 2015-2016 fiscal 
period. At this assessment rate and expense level, the Committee's 
monetary reserve will approximate $7,093 by March 30, 2016, which is 
within the maximum permitted by the order of approximately one fiscal 
period's operational expenses.
    The major expenditures recommended by the Committee for the 2015-
2016 fiscal period include $3,000 for the management/administration 
fee, $2,500 for the annual audit review, $1,200 for Committee travel, 
and $500 for computer tech services, software, and equipment. In 
comparison, major expenditures for the 2014-2015 fiscal period included 
$3,000 for the management/administration fee, $2,500 for the annual 
audit review, $1,000 for Committee travel, and $50 for computer tech 
services, software, and equipment.
    The Committee discussed alternatives to this rule, including 
alternative expenditure levels. Although lower assessment rates were 
considered, none were selected because they would not generate 
sufficient income to administer the order.
    A review of historical crop and price information, as well as 
preliminary information pertaining to the 2015-2016 fiscal period, 
indicates that the producer price could average approximately $1,000 
per ton for fresh Washington apricots. Therefore, the estimated 
assessment revenue for the 2015-2016 fiscal period as a percentage of 
total producer revenue is 0.08 percent for Washington apricots.

[[Page 50191]]

    This action decreases the assessment obligation imposed on 
handlers. Assessments are applied uniformly on all handlers. Decreasing 
the assessment rate reduces the burden on handlers. In addition, the 
Committee's meeting was widely publicized throughout the Washington 
apricot industry, and all interested persons were invited to attend the 
meeting and participate in Committee deliberations on all issues. Like 
all Committee meetings, the May 12, 2015, meeting was a public meeting, 
and all entities, both large and small, were able to express views on 
this issue. Finally, interested persons are invited to submit comments 
on this interim 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 action imposes no 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 rule.
    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.
    After consideration of all relevant material presented, including 
the information and recommendation submitted by the Committee and other 
available information, it is hereby found that this rule, as 
hereinafter set forth, will tend to effectuate the declared policy of 
the Act.
    Pursuant to 5 U.S.C. 553, it is also found and determined upon good 
cause that it is impracticable, unnecessary, and contrary to the public 
interest to give preliminary notice prior to putting this rule into 
effect, and that good cause exists for not postponing the effective 
date of this rule until 30 days after publication in the Federal 
Register because: (1) The 2015-2016 fiscal period began on April 1, 
2015, and the marketing order requires that the rate of assessment for 
each fiscal period apply to all assessable apricots handled during such 
fiscal period; (2) the action decreases the assessment rate for 
assessable apricots beginning with the 2015-2016 fiscal period; (3) 
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; and (4) this interim rule provides a 
60-day comment period, and all comments timely received will be 
considered prior to finalization of this rule.

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 
amended as follows:

PART 922--APRICOTS GROWN IN DESIGNATED COUNTIES IN WASHINGTON

0
1. The authority citation for 7 CFR part 922 continues to read as 
follows:


    Authority:  7 U.S.C. 601-674.


0
2. Section 922.235 is revised to read as follows:


Sec.  922.235  Assessment rate.

    On and after April 1, 2015, an assessment rate of $0.75 per ton is 
established for the Washington Apricot Marketing Committee.

    Dated: August 13, 2015.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2015-20436 Filed 8-18-15; 8:45 am]
 BILLING CODE P



                                                                                                                                                                                             50189

                                             Rules and Regulations                                                                                         Federal Register
                                                                                                                                                           Vol. 80, No. 160

                                                                                                                                                           Wednesday, August 19, 2015



                                             This section of the FEDERAL REGISTER                    date and page number of this issue of                    The Act provides that administrative
                                             contains regulatory documents having general            the Federal Register and will be                      proceedings must be exhausted before
                                             applicability and legal effect, most of which           available for public inspection in the                parties may file suit in court. Under
                                             are keyed to and codified in the Code of                Office of the Docket Clerk during regular             section 608c(15)(A) of the Act, any
                                             Federal Regulations, which is published under           business hours, or can be viewed at:                  handler subject to an order may file
                                             50 titles pursuant to 44 U.S.C. 1510.
                                                                                                     www.regulations.gov. All comments                     with USDA a petition stating that the
                                             The Code of Federal Regulations is sold by              submitted in response to this rule will               order, any provision of the order, or any
                                             the Superintendent of Documents. Prices of              be included in the record and will be                 obligation imposed in connection with
                                             new books are listed in the first FEDERAL               made available to the public. Please be               the order is not in accordance with law
                                             REGISTER issue of each week.                            advised that the identity of the                      and request a modification of the order
                                                                                                     individuals or entities submitting the                or to be exempted therefrom. Such
                                                                                                     comments will be made public on the                   handler is afforded the opportunity for
                                             DEPARTMENT OF AGRICULTURE                               Internet at the address provided above.               a hearing on the petition. After the
                                                                                                     FOR FURTHER INFORMATION CONTACT:                      hearing, USDA would rule on the
                                             Agricultural Marketing Service                                                                                petition. The Act provides that the
                                                                                                     Teresa Hutchinson, Marketing
                                                                                                     Specialist, or Gary Olson, Regional                   district court of the United States in any
                                             7 CFR Part 922                                                                                                district in which the handler is an
                                                                                                     Director, Northwest Marketing Field
                                             [Doc. No. AMS–FV–15–0033; FV15–922–1                    Office, Marketing Order and Agreement                 inhabitant, or has his or her principal
                                             IR]                                                                                                           place of business, has jurisdiction to
                                                                                                     Division, Fruit and Vegetable Program,
                                                                                                     AMS, USDA; Telephone: (503) 326–                      review USDA’s ruling on the petition,
                                             Apricots Grown in Designated                                                                                  provided an action is filed not later than
                                             Counties in Washington; Decreased                       2724; Fax: (503) 326–7440; or Email:
                                                                                                     Teresa.Hutchinson@ams.usda.gov or                     20 days after the date of the entry of the
                                             Assessment Rate                                                                                               ruling.
                                                                                                     GaryD.Olson@ams.usda.gov.
                                             AGENCY:  Agricultural Marketing Service,                   Small businesses may request                          This rule decreases the assessment
                                             USDA.                                                   information on complying with this                    rate established for the Committee for
                                             ACTION: Interim rule with request for                   regulation by contacting Jeffrey Smutny,              the 2015–2016 and subsequent fiscal
                                             comments.                                               Marketing Order and Agreement                         periods from $1.50 to $0.75 per ton of
                                                                                                     Division, Fruit and Vegetable Program,                Washington apricots handled under the
                                             SUMMARY:   This rule implements a                                                                             order.
                                             recommendation from the Washington                      AMS, USDA, 1400 Independence
                                                                                                     Avenue SW., STOP 0237, Washington,                       The Washington apricot marketing
                                             Apricot Marketing Committee                                                                                   order provides authority for the
                                             (Committee) for a decrease in the                       DC 20250–0237; Telephone: (202) 720–
                                                                                                     2491; Fax: (202) 720–8938; or Email:                  Committee, with the approval of USDA,
                                             assessment rate from $1.50 to $0.75 per                                                                       to formulate an annual budget of
                                             ton of Washington apricots handled for                  Jeffrey.Smutny@ams.usda.gov.
                                                                                                                                                           expenses and collect assessments from
                                             the 2015–2016 and subsequent fiscal                     SUPPLEMENTARY INFORMATION: This rule                  handlers to administer the program. The
                                             periods. The Committee locally                          is issued under Marketing Agreement                   members of the Committee are
                                             administers the marketing order and is                  No. 132 and Order No. 922 (7 CFR 922),                producers and handlers of apricots in
                                             comprised of producers and handlers of                  as amended, regulating the handling of                designated counties in Washington.
                                             apricots grown in designated counties in                apricots grown in designated counties in              They are familiar with the Committee’s
                                             Washington. Assessments upon apricot                    Washington, hereinafter referred to as                needs and with the costs for goods and
                                             handlers are used by the Committee to                   the ‘‘order.’’ The order is effective under           services in their local area and are thus
                                             fund reasonable and necessary expenses                  the Agricultural Marketing Agreement                  in a position to formulate an appropriate
                                             of the program. The fiscal period begins                Act of 1937, as amended (7 U.S.C. 601–                budget and assessment rate. The
                                             April 1 and ends March 31. The new                      674), hereinafter referred to as the                  assessment rate is formulated and
                                             assessment rate will remain in effect                   ‘‘Act.’’                                              discussed in a public meeting. Thus, all
                                             indefinitely unless modified, suspended                    The Department of Agriculture                      directly affected persons have an
                                             or terminated.                                          (USDA) is issuing this rule in                        opportunity to participate and provide
                                             DATES: Effective August 20, 2015.                       conformance with Executive Orders                     input.
                                             Comments received by October 19,                        12866, 13563, and 13175.                                 For the 2013–2014 and subsequent
                                             2015, will be considered prior to                          This rule has been reviewed under                  fiscal periods, the Committee
                                             issuance of a final rule.                               Executive Order 12988, Civil Justice                  recommended, and the USDA approved,
                                             ADDRESSES: Interested persons are                       Reform. Under the marketing order now                 an assessment rate that would continue
                                             invited to submit written comments                      in effect, apricot handlers in designated             in effect from fiscal period to fiscal
                                             concerning this rule. Comments must be                  counties in Washington are subject to                 period unless modified, suspended, or
                                             sent to the Docket Clerk, Marketing                     assessments. Funds to administer the                  terminated by USDA upon
                                             Order and Agreement Division, Fruit                     order are derived from such                           recommendation and information
rmajette on DSK2VPTVN1PROD with RULES




                                             and Vegetable Program, AMS, USDA,                       assessments. It is intended that the                  submitted by the Committee or other
                                             1400 Independence Avenue SW., STOP                      assessment rate as issued herein will be              information available to USDA.
                                             0237, Washington, DC 20250–0237; Fax:                   applicable to all assessable Washington                  The Committee met on May 12, 2015,
                                             (202) 720–8938; or Internet:                            apricots beginning April 1, 2015, and                 and unanimously recommended
                                             www.regulations.gov. Comments should                    continue until amended, suspended, or                 expenditures of $7,610 for the 2015–
                                             reference the docket number and the                     terminated.                                           2016 fiscal period. In comparison, the


                                        VerDate Sep<11>2014   15:08 Aug 18, 2015   Jkt 235001   PO 00000   Frm 00001   Fmt 4700   Sfmt 4700   E:\FR\FM\19AUR1.SGM   19AUR1


                                             50190            Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Rules and Regulations

                                             previous fiscal period’s budgeted                       to or during each fiscal period to                    $22.00 to $30.00 for 2-layer tray-pack
                                             expenditures were $7,095. The                           recommend a budget of expenses and                    containers. Using average price and
                                             Committee also unanimously                              consider recommendations for                          shipment information provided by the
                                             recommended an assessment rate of                       modification of the assessment rate. The              Committee, it is determined that each of
                                             $0.75 per ton of apricots. The                          dates and times of the Committee                      the Washington apricot handlers
                                             recommended assessment rate of $0.75                    meetings are available from the                       currently ship less than $7,000,000
                                             is $0.75 lower than the current rate of                 Committee or USDA. Committee                          worth of apricots on an annual basis. In
                                             $1.50 per ton.                                          meetings are open to the public and                   view of the foregoing, it can be
                                                The Committee believes that                          interested persons may express their                  concluded that the majority of
                                             decreasing the assessment rate will                     views at these meetings. USDA will                    producers and handlers of Washington
                                             allow the Committee to fund its                         evaluate Committee recommendations                    apricots may be classified as small
                                             financial obligations and reduce its                    and other available information to                    entities.
                                             current monetary reserve of $10,353. If                 determine whether modification of the                    This rule decreases the assessment
                                             the current assessment rate was                         assessment rate is needed. Further                    rate established by the Committee and
                                             continued, then the Committee’s                         rulemaking will be undertaken as                      collected from handlers for the 2015–
                                             monetary reserve would exceed the                       necessary. The Committee’s 2015–2016                  2016 and subsequent fiscal periods from
                                             maximum permitted by the order of                       budget and those for subsequent fiscal                $1.50 to $0.75 per ton of apricots
                                             approximately one fiscal period’s                       periods will be reviewed, and continue                handled under the order’s authority.
                                             operational expenses.                                   to be approved by USDA.                               The Committee also unanimously
                                                The major expenditures                                                                                     recommended 2015–2016 expenditures
                                             recommended by the Committee for the                    Initial Regulatory Flexibility Analysis
                                                                                                                                                           of $7,610. With a 2015–2016
                                             2015–2016 fiscal period include $3,000                     Pursuant to requirements set forth in              Washington apricot crop estimate of
                                             for the management/administration fee,                  the Regulatory Flexibility Act (RFA) (5               5,800 fresh market tons, the Committee
                                             $2,500 for the annual audit review,                     U.S.C. 601–612), the Agricultural                     anticipates assessment income of
                                             $1,200 for Committee travel, and $500                   Marketing Service (AMS) has
                                                                                                                                                           approximately $4,350. Income derived
                                             for computer tech services, software,                   considered the economic impact of this
                                                                                                                                                           from handler assessments, along with
                                             and equipment. In comparison, major                     rule on small entities. Accordingly,
                                                                                                                                                           funds from the Committee’s monetary
                                             expenditures for the 2014–2015 fiscal                   AMS has prepared this initial regulatory
                                                                                                                                                           reserve, will be adequate to cover
                                             period included $3,000 for the                          flexibility analysis.
                                                                                                        The purpose of the RFA is to fit                   budgeted expenses for the 2015–2016
                                             management/administration fee, $2,500
                                                                                                     regulatory actions to the scale of                    fiscal period. At this assessment rate
                                             for the annual audit review, $1,000 for
                                                                                                     businesses subject to such actions in                 and expense level, the Committee’s
                                             Committee travel, and $50 for computer
                                                                                                     order that small businesses will not be               monetary reserve will approximate
                                             tech services, software, and equipment.
                                                Committee members estimated the                      unduly or disproportionately burdened.                $7,093 by March 30, 2016, which is
                                             2015 fresh apricot production to be                     Marketing orders issued pursuant to the               within the maximum permitted by the
                                             approximately 5,800 tons. The                           Act, and the rules issued thereunder, are             order of approximately one fiscal
                                             Committee’s recommended assessment                      unique in that they are brought about                 period’s operational expenses.
                                             rate was then derived by dividing the                   through group action of essentially                      The major expenditures
                                             2015–2016 anticipated expenses by the                   small entities acting on their own                    recommended by the Committee for the
                                             expected shipments of Washington                        behalf.                                               2015–2016 fiscal period include $3,000
                                             apricots, while also taking into account                   There are approximately 100                        for the management/administration fee,
                                             the Committee’s monetary reserve. The                   producers of apricots in the production               $2,500 for the annual audit review,
                                             recommended assessment rate of $0.75                    area and approximately 17 handlers                    $1,200 for Committee travel, and $500
                                             per ton of apricots multiplied by the                   subject to regulation under the                       for computer tech services, software,
                                             5,800 tons of estimated 2015                            marketing order. Small agricultural                   and equipment. In comparison, major
                                             Washington apricot shipments would                      producers are defined by the Small                    expenditures for the 2014–2015 fiscal
                                             generate $4,350 in handler assessments.                 Business Administration (SBA) (13 CFR                 period included $3,000 for the
                                             The projected revenue from handler                      121.201) as those having annual receipts              management/administration fee, $2,500
                                             assessments, along with funds from the                  of less than $750,000, and small                      for the annual audit review, $1,000 for
                                             Committee’s monetary reserve of                         agricultural service firms are defined as             Committee travel, and $50 for computer
                                             $10,353, will be adequate to cover the                  those having annual receipts of less than             tech services, software, and equipment.
                                             2015–2016 budgeted expenses of                          $7,000,000.                                              The Committee discussed alternatives
                                             $7,610. The Committee’s monetary                           The National Agricultural Statistics               to this rule, including alternative
                                             reserve is expected to be approximately                 Service reported that in 2014 the                     expenditure levels. Although lower
                                             $7,093 at the end of the 2015–2016                      Washington apricot total utilization                  assessment rates were considered, none
                                             fiscal period which is within the                       (including both fresh and processed                   were selected because they would not
                                             maximum permitted by the order of                       markets) of 8,500 tons sold for an                    generate sufficient income to administer
                                             approximately one fiscal period’s                       average of $1,080 per ton. Consequently,              the order.
                                             operational expenses.                                   the total farm-gate value in 2014 was                    A review of historical crop and price
                                                The assessment rate established in                   approximately $9,180,000. Based on the                information, as well as preliminary
                                             this rule will continue in effect                       number of producers in the production                 information pertaining to the 2015–2016
                                             indefinitely unless modified,                           area (100), the 2014 average revenue                  fiscal period, indicates that the producer
                                                                                                     from the sale of apricots is estimated at             price could average approximately
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                                             suspended, or terminated by USDA
                                             upon recommendation and information                     approximately $91,800 per producer. In                $1,000 per ton for fresh Washington
                                             submitted by the Committee or other                     addition, based on information from the               apricots. Therefore, the estimated
                                             available information.                                  USDA’s Market News Service, 2014                      assessment revenue for the 2015–2016
                                                Although this assessment rate is                     f.o.b. prices for WA No. 1 apricots                   fiscal period as a percentage of total
                                             effective for an indefinite period, the                 ranged from $20.00 to $26.00 per 24-                  producer revenue is 0.08 percent for
                                             Committee will continue to meet prior                   pound loose-pack container, and from                  Washington apricots.


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                                                              Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Rules and Regulations                                        50191

                                                This action decreases the assessment                    Pursuant to 5 U.S.C. 553, it is also               DEPARTMENT OF AGRICULTURE
                                             obligation imposed on handlers.                         found and determined upon good cause
                                             Assessments are applied uniformly on                    that it is impracticable, unnecessary,                Agricultural Marketing Service
                                             all handlers. Decreasing the assessment                 and contrary to the public interest to
                                             rate reduces the burden on handlers. In                 give preliminary notice prior to putting              7 CFR Parts 953
                                             addition, the Committee’s meeting was                   this rule into effect, and that good cause            [Doc. No. AMS–FV–14–0011; FV14–953–1
                                             widely publicized throughout the                        exists for not postponing the effective               FIR]
                                             Washington apricot industry, and all                    date of this rule until 30 days after
                                             interested persons were invited to                      publication in the Federal Register                   Irish Potatoes Grown in Southeastern
                                             attend the meeting and participate in                                                                         States; Suspension of Marketing Order
                                                                                                     because: (1) The 2015–2016 fiscal
                                             Committee deliberations on all issues.                                                                        Provisions
                                                                                                     period began on April 1, 2015, and the
                                             Like all Committee meetings, the May
                                             12, 2015, meeting was a public meeting,                 marketing order requires that the rate of             AGENCY:   Agricultural Marketing Service,
                                             and all entities, both large and small,                 assessment for each fiscal period apply               USDA.
                                             were able to express views on this issue.               to all assessable apricots handled during             ACTION: Affirmation of interim rule as
                                             Finally, interested persons are invited to              such fiscal period; (2) the action                    final rule.
                                             submit comments on this interim rule,                   decreases the assessment rate for
                                             including the regulatory and                            assessable apricots beginning with the                SUMMARY:    The Department of
                                             informational impacts of this action on                 2015–2016 fiscal period; (3) handlers                 Agriculture (USDA) is adopting, as a
                                             small businesses.                                       are aware of this action, which was                   final rule, without change, an interim
                                                In accordance with the Paperwork                     unanimously recommended by the                        rule that continued the previous
                                             Reduction Act of 1995, (44 U.S.C.                       Committee at a public meeting and is                  suspension of the marketing order for
                                             Chapter 35), the order’s information                    similar to other assessment rate actions              Irish potatoes grown in Southeastern
                                             collection requirements have been                       issued in past years; and (4) this interim            states (order). The interim rule
                                             previously approved by the Office of                    rule provides a 60-day comment period,                continued the suspension of all
                                             Management and Budget (OMB) and                         and all comments timely received will                 provisions of the order, and the rules
                                             assigned OMB No. 0581–0189. No                          be considered prior to finalization of                and regulations implemented
                                             changes in those requirements as a                                                                            thereunder, through March 1, 2017, as
                                                                                                     this rule.
                                             result of this action are necessary.                                                                          requested by representatives of the
                                             Should any changes become necessary,                    List of Subjects in 7 CFR Part 922                    Virginia/North Carolina Irish potato
                                             they would be submitted to OMB for                                                                            industry. This provides the industry
                                             approval.                                                 Apricots, Marketing agreements,                     more time to consider changes which
                                                This action imposes no additional                    Reporting and recordkeeping                           could affect the need for the order. If the
                                             reporting or recordkeeping requirements                 requirements.                                         industry does not petition to have the
                                             on either small or large Washington                       For the reasons set forth in the                    order reactivated by the end of the
                                             apricot handlers. As with all Federal                                                                         suspension period, the Agricultural
                                                                                                     preamble, 7 CFR part 922 is amended as
                                             marketing order programs, reports and                                                                         Marketing Service (AMS) will propose
                                                                                                     follows:
                                             forms are periodically reviewed to                                                                            to terminate the order.
                                             reduce information requirements and                     PART 922—APRICOTS GROWN IN                            DATES: Effective August 20, 2015
                                             duplication by industry and public                      DESIGNATED COUNTIES IN                                through March 1, 2017.
                                             sector agencies.
                                                AMS is committed to complying with                   WASHINGTON                                            FOR FURTHER INFORMATION CONTACT:
                                             the E-Government Act, to promote the                                                                          Doris Jamieson, Marketing Specialist, or
                                             use of the Internet and other                           ■ 1. The authority citation for 7 CFR                 Christian D. Nissen, Regional Director,
                                             information technologies to provide                     part 922 continues to read as follows:                Southeast Marketing Field Office,
                                             increased opportunities for citizen                                                                           Marketing Order and Agreement
                                                                                                         Authority: 7 U.S.C. 601–674.                      Division, Fruit and Vegetable Program,
                                             access to Government information and
                                             services, and for other purposes.                                                                             AMS, USDA; Telephone: (863) 324–
                                                                                                     ■ 2. Section 922.235 is revised to read               3375, Fax: (863) 291–8614, or Email:
                                                USDA has not identified any relevant
                                                                                                     as follows:                                           Doris.Jamieson@ams.usda.gov or
                                             Federal rules that duplicate, overlap, or
                                             conflict with this rule.                                                                                      Christian.Nissen@ams.usda.gov.
                                                                                                     § 922.235    Assessment rate.
                                                A small business guide on complying                                                                           Small businesses may obtain
                                             with fruit, vegetable, and specialty crop                 On and after April 1, 2015, an                      information on complying with this and
                                             marketing agreements and orders may                     assessment rate of $0.75 per ton is                   other marketing order and agreement
                                             be viewed at: www.ams.usda.gov/                         established for the Washington Apricot                regulations by viewing a guide at the
                                             MarketingOrdersSmallBusinessGuide.                      Marketing Committee.                                  following Web site: http://
                                             Any questions about the compliance                                                                            www.ams.usda.gov/
                                                                                                       Dated: August 13, 2015.
                                             guide should be sent to Jeffrey Smutny                                                                        MarketingOrdersSmallBusinessGuide;
                                                                                                     Rex A. Barnes,                                        or by contacting Jeffrey Smutny,
                                             at the previously mentioned address in
                                             the FOR FURTHER INFORMATION CONTACT                     Associate Administrator, Agricultural                 Marketing Order and Agreement
                                             section.                                                Marketing Service.                                    Division, Fruit and Vegetable Program,
                                                After consideration of all relevant                  [FR Doc. 2015–20436 Filed 8–18–15; 8:45 am]           AMS, USDA, 1400 Independence
                                             material presented, including the                                                                             Avenue SW., STOP 0237, Washington,
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                                                                                                     BILLING CODE P
                                             information and recommendation                                                                                DC 20250–0237; Telephone: (202) 720–
                                             submitted by the Committee and other                                                                          2491, Fax: (202) 720–8938, or Email:
                                             available information, it is hereby found                                                                     Jeffrey.Smutny@ams.usda.gov.
                                             that this rule, as hereinafter set forth,                                                                     SUPPLEMENTARY INFORMATION: This rule
                                             will tend to effectuate the declared                                                                          is issued under Marketing Agreement
                                             policy of the Act.                                                                                            No. 104 and Marketing Order No. 953,


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Document Created: 2015-12-15 11:59:02
Document Modified: 2015-12-15 11:59:02
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionInterim rule with request for comments.
DatesEffective August 20, 2015. Comments received by October 19, 2015, will be considered prior to issuance of a final rule.
ContactTeresa Hutchinson, Marketing Specialist, or Gary Olson, Regional Director, 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: [email protected] or [email protected]
FR Citation80 FR 50189 
CFR AssociatedApricots; Marketing Agreements and Reporting and Recordkeeping Requirements

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