80 FR 65883 - Walnuts Grown in California; Increased Assessment Rate
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 80, Issue 208 (October 28, 2015)
Agricultural Marketing Service
Federal Register Volume 80, Issue 208 (October 28, 2015)
| Page Range | 65883-65886 | |
| FR Document | 2015-27359 |
[Federal Register Volume 80, Number 208 (Wednesday, October 28, 2015)] [Rules and Regulations] [Pages 65883-65886] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-27359] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 984 [Doc. No. AMS-FV-15-0026; FV15-984-1 FR] Walnuts Grown in California; Increased Assessment Rate AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule implements a recommendation from the California Walnut Board (Board) for an increase of the assessment rate established for the 2015-16 and subsequent marketing years from $0.0189 to $0.0379 per kernelweight pound of walnuts handled under the marketing order. The Board locally administers the marketing order and is comprised of growers and handlers of walnuts operating within the area of production. Assessments upon walnut handlers are used by the Board to fund reasonable and necessary expenses of the program. The marketing year begins September 1 and ends August 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. DATES: Effective October 29, 2015. FOR FURTHER INFORMATION CONTACT: Terry Vawter, Senior Marketing Specialist, or Martin Engeler, Regional Manager, California Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (559) 487-5901, Fax: (559) 487-5906, or Email: [email protected] or [email protected]. Small businesses may request information on complying with this regulation by contacting Jeffrey Smutny, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: [email protected]. SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Order No. 984, as amended (7 CFR part 984), regulating the handling of walnuts grown in California, hereinafter referred to as the ``order.'' The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.'' The Department of Agriculture (USDA) is issuing this rule in conformance with Executive Orders 12866, 13563, and 13175. [[Page 65884]] This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the marketing order now in effect, California walnut handlers 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 walnuts beginning on September 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 increases the assessment rate established for the Board for the 2015-16 and subsequent marketing years from $0.0189 to $0.0379 per kernelweight pound of assessable walnuts handled. The California walnut marketing order provides authority for the Board, 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 Board are growers and handlers of California walnuts. They are familiar with the Board'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 2013-14 and subsequent marketing years, the Board recommended, and USDA approved, an assessment rate of $0.0189 per kernelweight pound of assessable walnuts that would continue in effect from marketing year to marketing year unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the Board or other information available to USDA. The Board met on June 4, 2015, and unanimously recommended 2015-16 expenditures of $22,668,980, and an assessment rate of $0.0379 per kernelweight pound of assessable walnuts. In comparison, last year's budgeted expenditures were $9,861,810. The assessment rate of $0.0379 is $0.019 per pound higher than the rate currently in effect. The quantity of assessable walnuts for the 2015-16 marketing year is estimated at 518,000 tons inshell or 466,200,000 kernelweight pounds, which is the five-year average of walnut production. At the recommended higher assessment rate of $0.0379 per kernelweight pound, the Board should collect approximately $17,668,980 in assessment income. The Board also recommended using $5,000,000 from its monetary reserve to help fund the increase in the expenditures. Assessments and funds from the reserve will be adequate to cover its 2015-16 budgeted expenses of $22,668,980. The Board noted that sales of California walnuts in the domestic market have been declining in recent years, and believes that more market development and promotion would reverse the trend. Thus, they are committed to increasing expenditures on domestic marketing promotion projects and programs. The following table compares major budget expenditures recommended by the Board for the 2014-15 and 2015-16 marketing years: Chart 1 ------------------------------------------------------------------------ Budget expense categories 2014-15 2015-16 ------------------------------------------------------------------------ Employee Expenses................. $ 1,711,000 $1,846,500 Travel/Board Expenses/Annual Audit 190,000 191,000 Office Expenses................... 241,000 254,000 Controlled Purchases.............. 10,000 10,000 Crop Acreage Survey............... 0 100,000 Crop Estimate..................... 126,000 130,000 Production Research Director...... 94,500 94,500 Production Research............... 1,600,000 1,700,000 Sustainability Project............ 75,000 75,000 Grades and Standards Research..... 600,000 600,000 Domestic Market Development....... 5,742,000 18,478,440 Reserve for Contingency........... 166,310 32,790 ------------------------------------------------------------------------ The assessment rate recommended by the Board was derived by dividing anticipated assessment revenue needed by estimated shipments of California walnuts certified as merchantable. The 518,000 ton (inshell) estimate for merchantable shipments is an average of shipments during five prior years. Pursuant to Sec. 984.51(b) of the order, this figure is converted to a merchantable kernelweight basis using a factor of 0.45 (518,000 tons x 2,000 pounds per ton x 0.45), which yields 466,200,000 kernelweight pounds. At $0.0379 per pound, the new assessment rate should generate $17,668,980 in assessment income. Along with $5,000,000 from the Board's monetary reserve, this assessment rate will allow the Board to cover its expenses. Section 984.69 of the order authorizes the Board to carry over excess funds into subsequent marketing years as a reserve, provided that funds already in the reserve do not exceed approximately two years' budgeted expenses. Using $5,000,000 of reserve funds would leave an estimated $5,895,932 in reserve at the end of the 2015-16 marketing year, well within the requirements of the marketing order. The assessment rate will be in effect indefinitely unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the Board or other available information. Although this assessment rate established by this rule will be in effect for an indefinite period, the Board will continue to meet prior to or during each marketing year to recommend a budget [[Page 65885]] of expenses and consider recommendations for modification of the assessment rate. The dates and times of Board meetings are available from the Board or USDA. Board meetings are open to the public and interested persons may express their views at these meetings. USDA would evaluate Board recommendations and other available information to determine whether modification of the assessment rate is needed. Further rulemaking would be undertaken as necessary. The Board's 2015- 16 budget and those for subsequent marketing years would be reviewed, and, as appropriate, approved by USDA. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS) has considered the economic impact of this rule on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. There are approximately 4,500 growers of California walnuts in the production area and approximately 90 handlers subject to regulation under the marketing order. The Small Business Administration (SBA) defines small agricultural producers 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. (13 CFR 121.201) According to USDA's National Agricultural Statistics Service's (NASS's) 2012 Census of Agriculture, approximately 89 percent of California's walnut farms were smaller than 100 acres. Further, NASS reports that the average yield for 2014 was 1.95 tons per acre, and the average price received for 2013 was $3,710 per ton. The average price for 2014 has not been reported yet. A 100-acre farm with an average yield of 1.95 tons per acre would therefore have been expected to produce about 195 tons of walnuts during 2010-11. At $3,710 per ton, that farm's production would have had an approximate value of $723,450. Since Census of Agriculture information indicates that the majority of California's walnut farms are smaller than 100 acres, it could be concluded that the majority of the growers had receipts of less than $723,450 in 2014-15, below the SBA threshold of $750,000. Thus, the majority of California's walnut growers would be considered small growers according to SBA's definition. According to information supplied by the Board, approximately two- thirds of California's walnut handlers each shipped merchantable walnuts valued under $7,000,000 during the 2014-15 marketing year and would, therefore, be considered small handlers according to the SBA definition. This rule increases the assessment rate established by the Board and applicable to handlers for the 2015-16 and subsequent marketing years from $0.0189 to $0.0379 per kernelweight pound of assessable walnuts. The Board unanimously recommended 2015-16 expenditures of $22,668,980 and an assessment rate of $0.0379 per kernelweight pound of assessable walnuts. The assessment rate of $0.0379 is $0.019 higher than the 2014-15 rate. The quantity of assessable walnuts for the 2015- 16 marketing year is estimated at 518,000 tons inshell weight, or 466,200,000 kernelweight pounds. Thus, the $0.0379 rate should provide $17,668,980 in assessment income. The Board also recommended using $5,000,000 from its monetary reserve to augment the assessment income. Thus, assessment income plus the $5,000,000 should be adequate to meet this year's expenses. The increased assessment rate is primarily due to increased domestic marketing promotion and programs. The Board has become concerned with the declining sales of California walnuts in the domestic market, and believes that sagging sales can be improved through increased promotional activities. Thus, they recommended an increase in domestic market development from approximately $5.7 million during the 2014-15 marketing year to approximately $18.4 million for the 2015-16 marketing year. The major expenses for the 2015-16 marketing year, as outlined in Chart 1 include: $1,846,500 for employee expenses; $191,000 for travel, board, and annual audit expenses; $254,000 for office expenses; $10,000 for controlled purchases; $100,000 for the crop acreage survey; $130,000 for the crop estimate; $94,500 for the salary of the Production Research Director; $1,700,000 for production research; $75,000 for a sustainability project; $600,000 for grades and standards research; $18,478,440 for domestic market development projects; and $32,790 for the contingency reserve. In comparison, these expenditures for the 2014-15 marketing year were: $1,711,000 for employee expenses; $190,000 for travel, board, and annual audit expenses; $241,000 for office expenses; $10,000 for controlled purchases; $126,000 for the crop estimate; $94,500 for the salary of the Production Research Director; $1,600,000 for production research; $75,000 for the sustainability project; $600,000 for grades and standards research; $5,742,000 for domestic market development projects; and $166,310 for the contingency reserve. There was no acreage survey expense in the 2014-15 marketing year. The Board reviewed and unanimously recommended 2015-16 expenditures of $22,668,980. Prior to arriving at this budget, the Board considered alternative expenditure levels, such as spending an additional $5,000,000, or $10,000,000 for domestic market development projects, as well as alternate assessment rate levels. They ultimately determined that the recommended expenditure and assessment levels were reasonable and necessary to assist in improving domestic sales, as well as properly administering the order. The assessment rate of $0.0379 per kernelweight pound of assessable walnuts was derived by dividing anticipated assessment revenue needed by expected shipments of California walnuts certified as merchantable. Merchantable shipments for the year are estimated at 466,200,000 pounds. It was determined that $17,668,980 in assessment income was needed, and assessment income combined with funds from the monetary reserve should allow the Board to cover its expenses of $22,668,980. The Board also considered information from various committees who deliberate and formulate their own budgets of expenses and make recommendations to the Board. The committees include the Market Development, Production Research, Budget and Personnel, and Grades and Standards Committees. Unspent funds may be retained in a financial reserve, provided that funds in the financial reserve do not exceed approximately two years' budgeted expenses. According to NASS, the season average grower prices for the years 2012 and 2013 were $3,030 and $3,710 per ton, respectively. Prices have not yet been reported for 2014. The 2012 and 2013 prices provide a range within which the 2015-16 season average price could fall. Dividing these average grower prices by 2,000 pounds per ton provides an inshell price per pound [[Page 65886]] range of $1.52 to $1.86. Dividing these inshell per pound prices by the 0.45 conversion factor (inshell to kernelweight) established in the order yields a 2015-16 price range estimate of $3.38 to $4.13 per kernelweight pound of assessable walnuts. To calculate the percentage of grower revenue represented by the assessment rate, the assessment rate of $0.0379 per kernelweight pound is divided by the low and high estimates of the price range. The estimated assessment revenue for the 2015-16 marketing year as a percentage of total grower revenue will thus likely range between 0.92 and 1.11 percent. This action increases the assessment obligation imposed on handlers. While assessments impose some additional costs on handlers, the costs are minimal and uniform on all handlers. These costs are offset by the benefits derived by the operation of the marketing order. In addition, the Board's meeting was widely publicized throughout the California walnut industry, and all interested persons were invited to attend the meeting and encouraged to participate in Board deliberations on all issues. Like all Board meetings, the June 4, 2015, meeting was a public meeting and all entities, both large and small, were free to express views on this issue. In accordance with the Paperwork Reduction Act of 1995, (44 U.S.C. Chapter 35), the order's information collection requirements have been previously approved by the Office of Management and Budget (OMB) and assigned OMB No. 0581-0178 (Walnuts Grown in California). No changes in those requirements are necessary as a result of this action. Should any changes become necessary, they would be submitted to OMB for approval. This rule imposes no additional reporting or recordkeeping requirements on either small or large California walnut 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. As noted in the initial regulatory flexibility analysis, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this action. 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. A proposed rule concerning this action was published in the Federal Register on August 18, 2015, (80 FR 49930). Copies of the proposed rule were also provided to all walnut handlers. Finally, the proposal was made available through the Internet by USDA and the Office of the Federal Register. A 30-day comment period ending September 17, 2015, was provided for interested persons to respond to the proposal. No complete comments were received. Accordingly, no changes will be made to the rule as proposed. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: http://www.ams.usda.gov/MarketingOrderSmallBusinessGuide. 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 Board 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 that good cause exists for not postponing the effective date of this rule until 30 days after publication in the Federal Register because handlers are already receiving 2015-16 crop walnuts from growers, the marketing year began on September 1, 2015, and the assessment rate applies to all walnuts received during the 2015-16 and subsequent marketing years. Further, handlers are aware of this rule which was recommended at a public meeting. Also, a 30-day comment period was provided in the proposed rule. List of Subjects in 7 CFR Part 984 Marketing agreements, Nuts, Reporting and recordkeeping requirements, Walnuts. For the reasons set forth in the preamble, 7 CFR part 984 is amended as follows: PART 984--WALNUTS GROWN IN CALIFORNIA 0 1. The authority citation for 7 CFR part 984 continues to read as follows: Authority: 7 U.S.C. 601-674. 0 2. Section 984.347 is revised to read as follows: Sec. 984.347 Assessment rate. On and after September 1, 2015, an assessment rate of $0.0379 per kernelweight pound is established for California merchantable walnuts. Dated: October 22, 2015. Rex A. Barnes, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2015-27359 Filed 10-27-15; 8:45 am] BILLING CODE 3410-02-P
![Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Rules and Regulations 65883
(iv) After an involuntary enrollment § 890.301(n) of this section. The DEPARTMENT OF AGRICULTURE
under paragraph (l)(4)(ii) or (iii) of this effective date of enrollment changes
section becomes effective, the annuitant under this provision will be set by OPM Agricultural Marketing Service
may change the enrollment to another when it makes the announcement
option of the plan into which he or she allowing such changes; 7 CFR Part 984
was enrolled or another health plan of (v) A former spouse who is unable, for [Doc. No. AMS–FV–15–0026; FV15–984–1
his or her choice prospectively within causes beyond his or her control, to FR]
90-days after OPM advises the annuitant make an enrollment change within the
of the new enrollment; 60 days following a disaster and is, as Walnuts Grown in California; Increased
(v) If the discontinuance of the plan, a result, enrolled in the lowest-cost Assessment Rate
whether permanent or temporary, is due nationwide plan as defined in
to a disaster, an annuitant must change AGENCY: Agricultural Marketing Service,
§ 890.301(n), may request a belated USDA.
the enrollment within 60 days of the enrollment into the plan of his or her
disaster, as announced by OPM. If an ACTION: Final rule.
choice subject to the requirements of
annuitant does not change the paragraph (c) of this section. SUMMARY: This rule implements a
enrollment within the time frame recommendation from the California
announced by OPM, the annuitant will * * * * *
Walnut Board (Board) for an increase of
be enrolled in the lowest-cost ■ 5. Amend § 890.1108 by revising the assessment rate established for the
nationwide plan option, as defined in paragraphs (h)(4)(ii) through (iv) and 2015–16 and subsequent marketing
§ 890.301(n). The effective date of adding paragraph (h)(4)(v) to read as years from $0.0189 to $0.0379 per
enrollment changes under this provision follows: kernelweight pound of walnuts handled
will be set by OPM when it makes the under the marketing order. The Board
announcement allowing such changes; § 890.1108 Opportunities to change
enrollment; effective dates. locally administers the marketing order
(vi) An annuitant who is unable, for and is comprised of growers and
causes beyond his or her control, to * * * * *
handlers of walnuts operating within
make an enrollment change within the (h) * * * the area of production. Assessments
60 days following a disaster and is, as (4) * * * upon walnut handlers are used by the
a result, enrolled in the lowest-cost Board to fund reasonable and necessary
nationwide plan as defined in (ii) If the whole plan is discontinued,
an enrollee who does not change the expenses of the program. The marketing
§ 890.301(n), may request a belated year begins September 1 and ends
enrollment into the plan of his or her enrollment within the time set will be
enrolled in the lowest-cost nationwide August 31. The assessment rate will
choice subject to the requirements of remain in effect indefinitely unless
paragraph (c) of this section. plan option, as defined in § 890.301(n);
modified, suspended, or terminated.
* * * * * (iii) If one or more options of a plan
DATES: Effective October 29, 2015.
are discontinued, an enrollee who does
■ 4. Amend § 890.806 by revising FOR FURTHER INFORMATION CONTACT:
not change the enrollment will enrolled
paragraphs (j)(4)(ii) through (iv) and Terry Vawter, Senior Marketing
in the remaining option of the plan, or
adding paragraph (j)(4)(v) to read as Specialist, or Martin Engeler, Regional
in the case of a plan with two or more
follows: Manager, California Marketing Field
options remaining, the lowest-cost
§ 890.806 When can former spouses remaining option that is not a High Office, Marketing Order and Agreement
change enrollment or reenroll and what are Deductible Health Plan (HDHP); Division, Specialty Crops Program,
the effective dates? AMS, USDA; Telephone: (559) 487–
(iv) If the discontinuance of the plan,
* * * * * 5901, Fax: (559) 487–5906, or Email:
whether permanent or temporary, is due
(j) * * * Terry.Vawter@ams.usda.gov or
to a disaster, the enrollee must change
(4) * * * Martin.Engeler@ams.usda.gov.
the enrollment within 60 days of the Small businesses may request
(ii) If the whole plan is discontinued, disaster, as announced by OPM. If the
a former spouse who does not change information on complying with this
enrollee does not change the enrollment regulation by contacting Jeffrey Smutny,
the enrollment within the time set will within the time frame announced by
be enrolled in the lowest-cost Marketing Order and Agreement
OPM, the enrollee will be enrolled in Division, Specialty Crops Program,
nationwide plan option, as defined in the lowest-cost nationwide plan option,
§ 890.301(n); AMS, USDA, 1400 Independence
as defined in § 890.301(n). The effective Avenue SW., STOP 0237, Washington,
(iii) If one or more options of a plan
date of enrollment changes under this DC 20250–0237; Telephone: (202) 720–
are discontinued, a former spouse who
provision will be set by OPM when it 2491, Fax: (202) 720–8938, or Email:
does not change the enrollment will be
makes the announcement allowing such Jeffery.Smutny@ams.usda.gov.
enrolled in the remaining option of the
changes;
plan, or in the case of a plan with two SUPPLEMENTARY INFORMATION: This rule
or more options remaining, the lowest- (v) An enrollee who is unable, for is issued under Marketing Order No.
cost remaining option that is not a High causes beyond his or her control, to 984, as amended (7 CFR part 984),
Deductible Health Plan (HDHP); make an enrollment change within the regulating the handling of walnuts
(iv) If the discontinuance of the plan, 60 days following a disaster and is, as grown in California, hereinafter referred
whether permanent or temporary, is due a result, enrolled in the lowest-cost to as the ‘‘order.’’ The order is effective
to a disaster, the former spouse must nationwide plan as defined in under the Agricultural Marketing
change the enrollment within 60 days of § 890.301(n), may request a belated Agreement Act of 1937, as amended (7
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the disaster, as announced by OPM. If enrollment into the plan of his or her U.S.C. 601–674), hereinafter referred to
a former spouse does not change the choice subject to the requirements of as the ‘‘Act.’’
enrollment within the time frame paragraph (c) of this section. The Department of Agriculture
announced by OPM, the former spouse * * * * * (USDA) is issuing this rule in
will be enrolled in the lowest-cost [FR Doc. 2015–27378 Filed 10–27–15; 8:45 am] conformance with Executive Orders
nationwide plan option, as defined in BILLING CODE 6325–63–P 12866, 13563, and 13175.
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![65886 Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Rules and Regulations
range of $1.52 to $1.86. Dividing these 49930). Copies of the proposed rule Dated: October 22, 2015.
inshell per pound prices by the 0.45 were also provided to all walnut Rex A. Barnes,
conversion factor (inshell to handlers. Finally, the proposal was Associate Administrator, Agricultural
kernelweight) established in the order made available through the Internet by Marketing Service.
yields a 2015–16 price range estimate of USDA and the Office of the Federal [FR Doc. 2015–27359 Filed 10–27–15; 8:45 am]
$3.38 to $4.13 per kernelweight pound Register. A 30-day comment period BILLING CODE 3410–02–P
of assessable walnuts. ending September 17, 2015, was
To calculate the percentage of grower provided for interested persons to
revenue represented by the assessment respond to the proposal. No complete DEPARTMENT OF AGRICULTURE
rate, the assessment rate of $0.0379 per comments were received. Accordingly,
kernelweight pound is divided by the no changes will be made to the rule as Agricultural Marketing Service
low and high estimates of the price proposed.
range. The estimated assessment A small business guide on complying 7 CFR Part 987
revenue for the 2015–16 marketing year with fruit, vegetable, and specialty crop [Docket No. AMS–FV–15–0034; FV15–987–
as a percentage of total grower revenue marketing agreements and orders may 1 IR]
will thus likely range between 0.92 and be viewed at: http://www.ams.usda.gov/
1.11 percent. MarketingOrderSmallBusinessGuide. Domestic Dates Produced or Packed in
This action increases the assessment Any questions about the compliance Riverside County, California;
obligation imposed on handlers. While guide should be sent to Jeffrey Smutny Decreased Assessment Rate
assessments impose some additional at the previously mentioned address in
costs on handlers, the costs are minimal AGENCY: Agricultural Marketing Service,
the FOR FURTHER INFORMATION CONTACT USDA.
and uniform on all handlers. These section.
costs are offset by the benefits derived ACTION: Interim rule with request for
After consideration of all relevant comments.
by the operation of the marketing order. material presented, including the
In addition, the Board’s meeting was information and recommendation SUMMARY: This rule implements a
widely publicized throughout the submitted by the Board and other recommendation from the California
California walnut industry, and all available information, it is hereby found Date Administrative Committee
interested persons were invited to that this rule, as hereinafter set forth, (committee) for a decrease in the
attend the meeting and encouraged to will tend to effectuate the declared assessment rate established for the
participate in Board deliberations on all policy of the Act. 2015–16 and subsequent crop years
issues. Like all Board meetings, the June Pursuant to 5 U.S.C. 553, it is also from $0.20 to $0.10 per hundredweight
4, 2015, meeting was a public meeting found and determined that good cause of dates handled. The committee locally
and all entities, both large and small, administers the marketing order, which
exists for not postponing the effective
were free to express views on this issue. regulates the handling of dates grown or
date of this rule until 30 days after
In accordance with the Paperwork
publication in the Federal Register packed in Riverside County, California.
Reduction Act of 1995, (44 U.S.C.
because handlers are already receiving Assessments upon date handlers are
Chapter 35), the order’s information
2015–16 crop walnuts from growers, the used by the committee to fund
collection requirements have been
marketing year began on September 1, reasonable and necessary expenses of
previously approved by the Office of
2015, and the assessment rate applies to the program. The crop year begins
Management and Budget (OMB) and
all walnuts received during the 2015–16 October 1 and ends September 30. The
assigned OMB No. 0581–0178 (Walnuts
and subsequent marketing years. new assessment rate will remain in
Grown in California). No changes in
Further, handlers are aware of this rule effect indefinitely unless modified,
those requirements are necessary as a
which was recommended at a public suspended, or terminated.
result of this action. Should any changes
become necessary, they would be meeting. Also, a 30-day comment period DATES: Effective October 29, 2015.
submitted to OMB for approval. was provided in the proposed rule. Comments received by December 28,
This rule imposes no additional List of Subjects in 7 CFR Part 984 2015, will be considered prior to
reporting or recordkeeping requirements issuance of a final rule.
Marketing agreements, Nuts, ADDRESSES: Interested persons are
on either small or large California
Reporting and recordkeeping invited to submit written comments
walnut handlers. As with all Federal
requirements, Walnuts. concerning this rule. Comments must be
marketing order programs, reports and
forms are periodically reviewed to For the reasons set forth in the sent to the Docket Clerk, Marketing
reduce information requirements and preamble, 7 CFR part 984 is amended as Order and Agreement Division,
duplication by industry and public follows: Specialty Crops Program, AMS, USDA,
sector agencies. As noted in the initial 1400 Independence Avenue SW., STOP
PART 984—WALNUTS GROWN IN 0237, Washington, DC 20250–0237; Fax:
regulatory flexibility analysis, USDA
CALIFORNIA (202) 720–8938; or Internet: http://
has not identified any relevant Federal
rules that duplicate, overlap, or conflict www.regulations.gov. Comments should
■ 1. The authority citation for 7 CFR
with this action. reference the docket number and the
part 984 continues to read as follows:
AMS is committed to complying with date and page number of this issue of
the E-Government Act, to promote the Authority: 7 U.S.C. 601–674. the Federal Register and will be
use of the Internet and other ■ 2. Section 984.347 is revised to read available for public inspection in the
information technologies to provide as follows: Office of the Docket Clerk during regular
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increased opportunities for citizen business hours, or can be viewed at:
access to Government information and § 984.347 Assessment rate. http://www.regulations.gov. All
services, and for other purposes. On and after September 1, 2015, an comments submitted in response to this
A proposed rule concerning this assessment rate of $0.0379 per rule will be included in the record and
action was published in the Federal kernelweight pound is established for will be made available to the public.
Register on August 18, 2015, (80 FR California merchantable walnuts. Please be advised that the identity of the
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Document Created: 2018-02-27 08:57:45
Document Modified: 2018-02-27 08:57:45
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective October 29, 2015. | |
| Contact | Terry Vawter, Senior Marketing Specialist, or Martin Engeler, Regional Manager, California Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (559) 487-5901, Fax: (559) 487-5906, or Email: [email protected] or [email protected] | |
| FR Citation | 80 FR 65883 | |
| CFR Associated | Marketing Agreements; Nuts; Reporting and Recordkeeping Requirements and Walnuts |
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