81 FR 3293 - Apricots Grown in Designated Counties in Washington; Decreased Assessment Rate

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 81, Issue 13 (January 21, 2016)

Page Range		3293-3294
FR Document		2016-01137

The Department of Agriculture is adopting, as a final rule, without change, an interim rule that implemented a recommendation from the Washington Apricot Marketing Committee (Committee) to decrease 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 apricot producers and handlers operating within designated counties in Washington. The interim rule was necessary to allow the Committee to reduce its financial reserve while still providing adequate funding to meet program expenses.

Federal Register, Volume 81 Issue 13 (Thursday, January 21, 2016)

[Federal Register Volume 81, Number 13 (Thursday, January 21, 2016)]
[Rules and Regulations]
[Pages 3293-3294]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01137]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 922

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


Apricots Grown in Designated Counties in Washington; Decreased 
Assessment Rate

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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SUMMARY: The Department of Agriculture is adopting, as a final rule, 
without change, an interim rule that implemented a recommendation from 
the Washington Apricot Marketing Committee (Committee) to decrease 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 apricot 
producers and handlers operating within designated counties in 
Washington. The interim rule was necessary to allow the Committee to 
reduce its financial reserve while still providing adequate funding to 
meet program expenses.

DATES: Effective January 22, 2016.

FOR FURTHER INFORMATION CONTACT: Teresa Hutchinson, Marketing 
Specialist, or Gary Olson, Regional Director, Northwest Marketing Field 
Office, Marketing Order and Agreement Division, Specialty Crops 
Program, AMS, USDA; Telephone: (503) 326-2724; Fax: (503) 326-7440; or 
Email: [email protected] or [email protected].
    Small businesses may obtain information on complying with this and 
other marketing order regulations by viewing a guide at the following 
Web site: http://www.ams.usda.gov/MarketingOrdersSmallBusinessGuide; or 
by contacting Antoinette Carter, 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 
Agreement No. 132 and Order No. 922, as amended (7 CFR 922), regulating 
the handling of apricots grown in designated counties in Washington, 
hereinafter referred to as the ``order.'' The order is effective under 
the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 
601-674), hereinafter referred to as the ``Act.''
    The Department of Agriculture (USDA) is issuing this rule in 
conformance with Executive Orders 12866, 13563, and 13175.
    Under the order, Washington apricot handlers are subject to 
assessments, which provide funds to administer the order. Assessment 
rates issued under the order are intended to be applicable to all 
assessable Washington apricots for the entire fiscal period, and 
continue indefinitely until amended, suspended, or terminated. The 
Committee's fiscal period begins on April 1 and ends on March 31.

[[Page 3294]]

    In an interim rule published in the Federal Register on August 19, 
2015, and effective on August 20, 2015, (80 FR 50189, Doc. No. AMS-FV-
15-0033, FV15-922-1 IR), Sec.  922.235 was amended by decreasing the 
assessment rate for the 2015-2016 and subsequent fiscal periods from 
$1.50 to $0.75 per ton. The decrease in the per ton assessment rate 
allows the Committee to reduce its financial reserve while still 
providing adequate funding to meet program expenses.

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 100 apricot producers 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 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).
    The National Agricultural Statistics Service reported that, in 
2014, the Washington apricot total utilization of 8,500 tons (including 
both fresh and processed markets) 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 Washington 
apricots producers and handlers may be classified as small entities.
    This rule continues in effect the action that decreased the 
assessment rate collected from handlers for the 2015-2016 and 
subsequent fiscal periods from $1.50 to $0.75 per ton of apricots 
handled. The Committee also unanimously recommended 2015-2016 fiscal 
period expenditures of $7,610. With a 2015 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. This action will allow the Committee to reduce its financial 
reserve while still providing adequate funding to meet program 
expenses.
    This rule continues in effect the action that decreased the 
assessment obligation imposed on handlers. Assessments are applied 
uniformly on all handlers. However, decreasing the assessment rate 
reduces the burden on handlers, and may reduce the burden on producers.
    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.
    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.
    USDA has not identified any relevant Federal rules that duplicate, 
overlap, or conflict with this rule.
    Comments on the interim rule were required to be received on or 
before October 19, 2015. No comments were received. Therefore, for 
reasons given in the interim rule, we are adopting the interim rule as 
a final rule, without change.
    To view the interim rule, go to: http://www.regulations.gov/#!documentDetail;D=AMS-FV-15-0033-0001.
    This action also affirms information contained in the interim rule 
concerning Executive Orders 12866, 12988, 13175, and 13563; the 
Paperwork Reduction Act (44 U.S.C. Chapter 35); and the E-Gov Act (44 
U.S.C. 101).
    After consideration of all relevant material presented, it is found 
that finalizing the interim rule, without change, as published in the 
Federal Register (80 FR 50189, August 19, 2015) will tend to effectuate 
the declared policy of the Act.

List of Subjects in 7 CFR Part 922

    Apricots, Marketing agreements, Reporting and recordkeeping 
requirements.

    Accordingly, the interim rule amending 7 CFR part 922, which was 
published at 80 FR 50189 on August 19, 2015, is adopted as a final rule 
without change.

    Dated: January 15, 2016.
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2016-01137 Filed 1-20-16; 8:45 am]
BILLING CODE 3410-02-P

Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations 3293

(iv) Verification of all non-farm (1) For MLs made for FO purposes the without change, an interim rule that
income relied upon for repayment; and Agency schedules repayment of an FO implemented a recommendation from
(v) Verification of applicant’s farm based on the applicant’s ability to repay the Washington Apricot Marketing
experience; and the useful life of the security. In no Committee (Committee) to decrease the
(3) The Agency may require an ML event will the term be more than 25 assessment rate from $1.50 to $0.75 per
applicant to submit any other years from the date of the note. ton of Washington apricots handled for
information listed in paragraph (b) of (2) [Reserved] the 2015–2016 and subsequent fiscal
this section upon request when * * * * * periods. The Committee locally
necessary to make a determination on ■ 10. In § 764.155, add paragraph (b)(1) administers the marketing order and is
the loan application. to read as follows; and add and reserve comprised of apricot producers and
* * * * * paragraph (b)(2). handlers operating within designated
■ 6. Amend § 764.101 as follows: counties in Washington. The interim
§ 764.155 Security requirements. rule was necessary to allow the
■ a. In paragraph (i)(3), remove ‘‘MLs’’
and add the phrase ‘‘MLs, made for OL * * * * * Committee to reduce its financial
purposes,’’ in its place; and (b) * * * reserve while still providing adequate
■ b. Revise paragraph (i)(4).
(1) An ML made for FO purposes, may funding to meet program expenses.
The revision reads as follows: be secured only by the real estate being
DATES: Effective January 22, 2016.
purchased or improved, as long as its
§ 764.101 General eligibility requirements. value is at least 100 percent of the loan FOR FURTHER INFORMATION CONTACT:
* * * * * amount. Teresa Hutchinson, Marketing
(i) * * * (2) [Reserved] Specialist, or Gary Olson, Regional
(4) Alternatives for MLs made for OL * * * * * Director, Northwest Marketing Field
purposes. Applicants for MLs made for ■ 11. Amend § 764.203 as follows:
Office, Marketing Order and Agreement
OL purposes, also may demonstrate ■ a. Redesignate paragraph (c) as
Division, Specialty Crops Program,
managerial ability by one of the paragraph (d); and AMS, USDA; Telephone: (503) 326–
following: ■ b. Add a new paragraph (c). 2724; Fax: (503) 326–7440; or Email:
The addition reads as follows: Teresa.Hutchinson@ams.usda.gov or
* * * * * GaryD.Olson@ams.usda.gov.
■ 7. Revise § 764.107(a) to read as § 764.203 Limitation. Small businesses may obtain
follows: * * * * * information on complying with this and
(c) Downpayment loans made as an other marketing order regulations by
§ 764.107 General appraisal requirements.
ML for FO purposes may not exceed viewing a guide at the following Web
(a) Establishing value for real estate. $50,000.
The value of real estate will be site: http://www.ams.usda.gov/
established by an appraisal completed * * * * * MarketingOrdersSmallBusinessGuide;
in accordance with § 761.7 of this or by contacting Antoinette Carter,
§ 764.251 [Amended]
chapter, except that for MLs made for Marketing Order and Agreement
■ 12. In § 764.251(a) introductory text, Division, Specialty Crops Program,
FO purposes, the appraisal requirement
add the phrase ‘‘used for OL purposes’’ AMS, USDA, 1400 Independence
may be satisfied by an evaluation by an
immediately after ‘‘ML’’. Avenue SW., STOP 0237, Washington,
authorized agency official that
establishes the value of the real estate. § 764.255 [Amended]
DC 20250–0237; Telephone: (202) 720–
2491; Fax: (202) 720–8938; or Email:
* * * * * ■ 13. In § 764.255(c) introductory text, Antoinette.Carter@ams.usda.gov.
■ 8. Amend § 764.152 as follows: add ‘‘used for OL purposes’’
SUPPLEMENTARY INFORMATION: This rule
■ a. Redesignate paragraph (e) as immediately after ‘‘MLs’’.
paragraph (f); and is issued under Marketing Agreement
■ b. Add a new paragraph (e).
Val Dolcini, No. 132 and Order No. 922, as amended
The addition reads as follows: Administrator, Farm Service Agency. (7 CFR 922), regulating the handling of
[FR Doc. 2016–01038 Filed 1–20–16; 8:45 am] apricots grown in designated counties in
§ 764.152 Eligibility requirements. BILLING CODE 3410–05–P Washington, hereinafter referred to as
* * * * * the ‘‘order.’’ The order is effective under
(e) For an ML made for FO purposes, the Agricultural Marketing Agreement
if an ML applicant has successfully DEPARTMENT OF AGRICULTURE Act of 1937, as amended (7 U.S.C. 601–
repaid an FSA financed youth loan, the 674), hereinafter referred to as the
term of that loan may be used toward Agricultural Marketing Service ‘‘Act.’’
the 3 years of management experience The Department of Agriculture
required for a FO direct loan. 7 CFR Part 922 (USDA) is issuing this rule in
* * * * * [Doc. No. AMS–FV–15–0033; FV15–922–1 conformance with Executive Orders
■ 9. Amend § 764.154 as follows:
FIR] 12866, 13563, and 13175.
■ a. In paragraph (b), remove the words Under the order, Washington apricot
Apricots Grown in Designated handlers are subject to assessments,
‘‘The Agency’’ and add the phrase Counties in Washington; Decreased
‘‘Except for MLs made for FO purposes, which provide funds to administer the
Assessment Rate order. Assessment rates issued under
the Agency’’ in their place.
jstallworth on DSK7TPTVN1PROD with RULES

■ b. Add paragraph (b)(1) and add and AGENCY: Agricultural Marketing Service, the order are intended to be applicable
reserve paragraph (b)(2). USDA. to all assessable Washington apricots for
The addition reads as follows: ACTION: Affirmation of interim rule as the entire fiscal period, and continue
final rule. indefinitely until amended, suspended,
§ 764.154 Rates and terms. or terminated. The Committee’s fiscal
* * * * * SUMMARY: The Department of period begins on April 1 and ends on
(b) * * * Agriculture is adopting, as a final rule, March 31.

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3294 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations

In an interim rule published in the view of the foregoing, it can be Comments on the interim rule were
Federal Register on August 19, 2015, concluded that the majority of required to be received on or before
and effective on August 20, 2015, (80 FR Washington apricots producers and October 19, 2015. No comments were
50189, Doc. No. AMS–FV–15–0033, handlers may be classified as small received. Therefore, for reasons given in
FV15–922–1 IR), § 922.235 was entities. the interim rule, we are adopting the
amended by decreasing the assessment This rule continues in effect the interim rule as a final rule, without
rate for the 2015–2016 and subsequent action that decreased the assessment change.
fiscal periods from $1.50 to $0.75 per rate collected from handlers for the To view the interim rule, go to: http://
ton. The decrease in the per ton 2015–2016 and subsequent fiscal www.regulations.gov/
assessment rate allows the Committee to periods from $1.50 to $0.75 per ton of #!documentDetail;D=AMS-FV-15-0033-
reduce its financial reserve while still apricots handled. The Committee also 0001.
providing adequate funding to meet unanimously recommended 2015–2016 This action also affirms information
program expenses. fiscal period expenditures of $7,610. contained in the interim rule concerning
With a 2015 Washington apricot crop Executive Orders 12866, 12988, 13175,
Final Regulatory Flexibility Analysis
estimate of 5,800 fresh market tons, the and 13563; the Paperwork Reduction
Pursuant to requirements set forth in Committee anticipates assessment Act (44 U.S.C. Chapter 35); and the E-
the Regulatory Flexibility Act (RFA) (5 income of approximately $4,350. Gov Act (44 U.S.C. 101).
U.S.C. 601–612), the Agricultural Income derived from handler After consideration of all relevant
Marketing Service (AMS) has assessments, along with funds from the material presented, it is found that
considered the economic impact of this Committee’s monetary reserve, will be finalizing the interim rule, without
rule on small entities. Accordingly, adequate to cover budgeted expenses for change, as published in the Federal
AMS has prepared this final regulatory the 2015–2016 fiscal period. This action Register (80 FR 50189, August 19, 2015)
flexibility analysis. will allow the Committee to reduce its will tend to effectuate the declared
The purpose of the RFA is to fit policy of the Act.
financial reserve while still providing
regulatory actions to the scale of
adequate funding to meet program List of Subjects in 7 CFR Part 922
businesses subject to such actions in
expenses.
order that small businesses will not be Apricots, Marketing agreements,
unduly or disproportionately burdened. This rule continues in effect the
action that decreased the assessment Reporting and recordkeeping
Marketing orders issued pursuant to the requirements.
Act, and the rules issued thereunder, are obligation imposed on handlers.
Assessments are applied uniformly on Accordingly, the interim rule
unique in that they are brought about amending 7 CFR part 922, which was
through group action of essentially all handlers. However, decreasing the
assessment rate reduces the burden on published at 80 FR 50189 on August 19,
small entities acting on their own 2015, is adopted as a final rule without
behalf. handlers, and may reduce the burden on
producers. change.
There are approximately 100 apricot
producers in the production area and In addition, the Committee’s meeting Dated: January 15, 2016.
approximately 17 handlers subject to was widely publicized throughout the Erin Morris,
regulation under the marketing order. Washington apricot industry, and all Associate Administrator, Agricultural
Small agricultural producers are defined interested persons were invited to Marketing Service.
by the Small Business Administration as attend the meeting and participate in [FR Doc. 2016–01137 Filed 1–20–16; 8:45 am]
those having annual receipts of less than Committee deliberations on all issues. BILLING CODE 3410–02–P
$750,000, and small agricultural service Like all Committee meetings, the May
firms are defined as those having annual 12, 2015, meeting was a public meeting,
receipts of less than $7,000,000 (13 CFR and all entities, both large and small, DEPARTMENT OF TRANSPORTATION
121.201). were able to express views on this issue.
The National Agricultural Statistics In accordance with the Paperwork Federal Aviation Administration
Service reported that, in 2014, the Reduction Act of 1995 (44 U.S.C.
Washington apricot total utilization of Chapter 35), the order’s information 14 CFR Part 39
8,500 tons (including both fresh and collection requirements have been
previously approved by the Office of [Docket No. FAA–2015–8433; Directorate
processed markets) sold for an average
Identifier 2015–NM–194–AD; Amendment
of $1,080 per ton. Consequently, the Management and Budget (OMB) and 39–18366; AD 2016–01–07]
total farm-gate value in 2014 was assigned OMB No. 0581–0189. No
approximately $9,180,000. Based on the changes in those requirements as a RIN 2120–AA64
number of producers in the production result of this action are necessary.
area (100), the 2014 average revenue Should any changes become necessary, Airworthiness Directives; Airbus
from the sale of apricots is estimated at they would be submitted to OMB for Airplanes
approximately $91,800 per producer. In approval. AGENCY: Federal Aviation
addition, based on information from the This action imposes no additional Administration (FAA), Department of
USDA’s Market News Service, 2014 reporting or recordkeeping requirements Transportation (DOT).
f.o.b. prices for WA No. 1 apricots on either small or large Washington ACTION: Final rule; request for
ranged from $20.00 to $26.00 per 24- apricot handlers. As with all Federal comments.
pound loose-pack container, and from marketing order programs, reports and
jstallworth on DSK7TPTVN1PROD with RULES

$22.00 to $30.00 for 2-layer tray-pack forms are periodically reviewed to SUMMARY: We are adopting a new
containers. Using average price and reduce information requirements and airworthiness directive (AD) for all
shipment information provided by the duplication by industry and public Airbus Model A319–113 and A319–114
Committee, it is determined that each of sector agencies. airplanes; and Model A320–211 and
the Washington apricot handlers USDA has not identified any relevant A320–212 airplanes. This AD requires
currently ship less than $7,000,000 Federal rules that duplicate, overlap, or identifying affected engines, and doing
worth of apricots on an annual basis. In conflict with this rule. a torque check of the forward engine

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Document Created: 2018-02-02 12:33:32
Document Modified: 2018-02-02 12:33:32

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		Affirmation of interim rule as final rule.
Dates		Effective January 22, 2016.
Contact		Teresa Hutchinson, Marketing Specialist, or Gary Olson, Regional Director, Northwest Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (503) 326-2724; Fax: (503) 326-7440; or Email: [email protected] or [email protected]
FR Citation		81 FR 3293
CFR Associated		Apricots; Marketing Agreements and Reporting and Recordkeeping Requirements

81 FR 3293 - Apricots Grown in Designated Counties in Washington; Decreased Assessment Rate

DEPARTMENT OF AGRICULTUREAgricultural Marketing Service

Federal Register Volume 81, Issue 13 (January 21, 2016)

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service