81 FR 46616 - Almonds Grown in California; Increased Assessment Rate
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 81, Issue 137 (July 18, 2016)
Agricultural Marketing Service
Federal Register Volume 81, Issue 137 (July 18, 2016)
| Page Range | 46616-46619 | |
| FR Document | 2016-16814 |
[Federal Register Volume 81, Number 137 (Monday, July 18, 2016)] [Proposed Rules] [Pages 46616-46619] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-16814] ======================================================================== Proposed Rules Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. ======================================================================== Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Proposed Rules [[Page 46616]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 981 [Doc. No. AMS-SC-16-0045; SC16-981-2 PR] Almonds Grown in California; Increased Assessment Rate AGENCY: Agricultural Marketing Service, USDA. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: This proposed rule would implement a recommendation from the Almond Board of California (Board) to increase the assessment rate established for the 2016-17 through the 2018-19 crop years from $0.03 to $0.04 per pound of almonds handled under the marketing order (order). Of the $0.04 per pound assessment, 60 percent (or $0.024 per pound) would be available as credit-back for handlers who conduct their own promotional activities. The assessment rate would return to $0.03 for the 2019-20 and subsequent crop years, and the amount available for handler credit-back would return to $0.018 per pound (60 percent). The Board locally administers the order and is comprised of growers and handlers of almonds grown in California. Assessments upon almond handlers are used by the Board to fund reasonable and necessary expenses of the program. The crop year begins August 1 and ends July 31. The $0.04 assessment rate would remain in effect until July 31, 2019. Beginning August 1, 2019, the assessment rate would return to $0.03 and would remain in effect indefinitely unless modified, suspended, or terminated. DATES: Comments must be received by August 2, 2016. ADDRESSES: Interested persons are invited to submit written comments concerning this proposed rule. Comments must be sent to the Docket Clerk, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; Fax: (202) 720-8938; or Internet: http://www.regulations.gov. Comments should reference the document 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: http://www.regulations.gov. All comments submitted in response to this proposed 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: Andrea Ricci, Marketing Specialist or Jeffery Smutny, Regional Director, California Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (559) 487-5901, Fax: (559) 487-5906, or Email: with [email protected] or [email protected]. Small businesses may request information on complying with this regulation 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 proposed rule is issued under Marketing Order No. 981, as amended (7 CFR part 981), regulating the handling of almonds 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 proposed rule in conformance with Executive Orders 12866, 13563, and 13175. This proposed rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the marketing order now in effect, California almond handlers are subject to assessments. Funds to administer the order are derived from such assessments. It is intended that the assessment rate as proposed herein would be applicable to all assessable almonds beginning on August 1, 2016, through July 31, 2019. Beginning August 1, 2019, the assessment rate would return to the current $0.03 and would remain in effect indefinitely unless modified, 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 proposed rule would increase the assessment rate for the 2016- 17 through 2018-19 crop years from $0.03 to $0.04 per pound of almonds received. Of the $0.04 per pound assessment, 60 percent (or $0.024 per pound) would be available as credit-back for handlers who conduct their own promotional activities. The assessment rate would return to $0.03 for the 2019-20 and subsequent crop years, and the amount available for handler credit-back would return to $0.018 per pound (60 percent). The California almond 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 almonds. They are familiar with the Board's needs and with the costs for goods and services in their local area and thus are in a position to formulate an appropriate budget and assessment rate. The assessment rate is formulated and discussed in a public meeting. Therefore, all directly affected persons have an opportunity to participate and provide input. For the 2005-06 and subsequent crop years, the Board recommended, and [[Page 46617]] USDA approved, an assessment rate of $0.03 per pound that would continue in effect from crop year to crop year unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the Board or other information available to USDA. Of the $0.03 per pound assessment, 60 percent ($0.018) per pound was made available as credit-back for handlers who conducted their own promotional activities. The Board met on April 12, 2016, and unanimously recommended 2016- 17 expenditures of $69,897,626 and an assessment rate of $0.04 per pound of almonds received. In comparison, last year's budgeted expenditures were $58,998,976. The proposed assessment rate of $0.04 is $0.01 higher than the rate currently in effect, and the credit-back portion of the assessment rate ($0.024 per pound) would be $0.006 more than the credit-back portion currently in effect. The Board estimates a production increase of thirty percent, or 600 million pounds, by the 2019-20 crop year. This increase is nearly as much as their largest market currently consumes. Due to the size of the increase in forecasted production, the Board anticipates that increased market development projects and new marketing programs are required to successfully market the additional supply. Accordingly, the Board has recommended a new ``Nut of Choice'' marketing program. The Board also anticipates needing additional funding for the industry's new ``Crop of Choice'' research program, as well as additional research to address concerns such as: Changing water supply and quality systems; air quality and how it relates to harvesting, pesticide, and energy use; and bee health. The three-year higher assessment rate is needed to fund the increase in marketing and research activities. The Board anticipates that by the 2019-20 crop year, the increase in production assessed at the reinstated $0.03 per pound rate should generate sufficient revenue to cover the anticipated expenditures at that time. Therefore, beginning August 1, 2019, the assessment rate would return to $0.03 per pound. The following table compares major budget expenditures recommended by the Board for the 2015-16 and 2016-17 crop years: ------------------------------------------------------------------------ Budget expense categories 2015-16 2016-17 ------------------------------------------------------------------------ Operations Expenses..................... $7,904,000 $8,404,000 Board Accelerated Innovation Management 1,500,000 1,000,000 (AIM) Initiatives...................... Crop of Choice Initiatives.............. 0 5,625,000 Reputation Management................... 1,826,350 2,000,000 Production Research..................... 1,843,331 1,843,331 Environmental Research.................. 1,039,790 1,039,790 Scientific Affairs/Nutrition............ 1,640,000 1,640,000 Global Market Development............... 38,583,756 38,583,756 Nut of Choice Initiatives............... 0 5,100,000 Technical & Regulatory Affairs.......... 1,045,500 1,045,500 Industry Services....................... 2,436,220 2,436,220 Almond Quality & Food Safety............ 790,800 790,800 Corporate Technology.................... 389,229 389,229 ------------------------------------------------------------------------ The assessment rate recommended by the Board was derived by considering the anticipated 30 percent production increase in the next three years, anticipated expenditures plus additional program expenses, current production level, and maintaining adequate operating reserve funds. In its recommendation, the Board utilized an estimate of 1,835,290,000 pounds of assessable almonds for the 2016-17 crop year. If realized, this would provide estimated assessment revenue of $62,262,213, which reflects credit-back reimbursements and organic exemptions. In addition, it is anticipated that $20,907,722 will be provided by other sources, including interest income, Market Access Program (MAP) funds, and operating reserve funds. When combined, revenue from these sources would be adequate to cover budgeted expenses. Section 981.81 of the order authorizes the Board to maintain operating reserve funds consisting of an administrative-research portion and a marketing promotion portion, and states that the amount allocated to each portion shall not exceed six months' budgeted expenses for that activity area. Funds in the reserve at the end of the 2016-17 crop year are estimated to be approximately $16,581,222, well within the amount permitted by the order. The proposed assessment rate would continue in effect until July 31, 2019. Beginning August 1, 2019, the assessment rate would return to $0.03 and would continue 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 would be in effect for a specified period, the Board would continue to meet prior to or during each crop year to recommend a budget 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 2016-17 budget and those for subsequent crop years would be reviewed and, as appropriate, 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 proposed 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 6,800 almond growers in the production area and approximately 100 handlers subject to regulation under the marketing order. [[Page 46618]] Small agricultural producers are defined by the Small Business Administration (SBA) as those having annual receipts of less than $750,000, and small agricultural service firms are defined as those whose annual receipts are less than $7,500,000 (13 CFR 121.201). The National Agricultural Statistics Service (NASS) reported in its 2012 Agricultural Census that there were 6,841 almond farms in the production area (California), of which 6,204 had bearing acres. The following computation provides an estimate of the proportion of producers (farms) and agricultural service firms (handlers) that would be considered small under the SBA definitions. The NASS Census data indicates that out of the 6,204 California farms with bearing acres of almonds, 4,471 (72 percent) have fewer than 100-bearing acres. In its most recently reported crop year (2014), NASS reported an average yield of 2,150 pounds per acre, and a season average grower price of $3.19 per pound. A 100-acre farm with an average yield of 2,150 pounds per acre would produce about 215,000 pounds of almonds. At $3.19 per pound, that farm's production would be valued at $685,850. Since Census of Agriculture indicates that the majority of California's almond farms are smaller than 100 acres, it could be concluded that the majority of growers had annual receipts from the sale of almonds in 2014-15 of less than $685,850, well below the SBA threshold of $750,000. Thus, over 70 percent of California's almond growers would be considered small growers according to SBA's definition. According to information supplied by the Board, approximately 30 percent of California's almond handlers shipped almonds valued under $7,500,000 during the 2014-15 crop year, and would therefore be considered small handlers according to the SBA definition. This proposal would increase the assessment rate collected from handlers for the 2016-17 through the 2018-19 crop years from $0.03 to $0.04 per pound of almonds received. Of the $0.04 per pound assessment, 60 percent (or $0.024 per pound) would be available as credit-back for handlers who conduct their own promotional activities, consistent with Sec. 981.441 of the order's regulations and subject to Board approval. The Board unanimously recommended 2016-17 expenditures of $69,897,626 and an assessment rate of $0.04 per pound of almonds received. The proposed assessment rate of $0.04 is $0.01 higher than the 2015-16 rate, and the credit-back portion of $0.024 per pound would be $0.006 higher than the current credit-back portion of $0.018. The quantity of assessable almonds for the 2016-17 crop year is estimated at 1,835,290,000 pounds. This would provide estimated assessment revenue of $62,262,213, which reflects credit-back reimbursements and organic exemptions. In addition, it is anticipated that $20,907,722 will be provided by other sources, including interest income, MAP funds, and operating reserve funds. When combined, revenue from these sources would be adequate to cover budgeted expenses. The major expenditures recommended by the Board for the 2016-17 crop year include $8,404,000 for Operations Expenses, $1,000,000 for Board AIM Initiatives, $5,625,000 for Crop of Choice Initiatives, $2,000,000 for Reputation Management, $1,843,331 for Production Research, $1,039,790 for Environmental Research, $1,640,000 for Scientific Affairs/Nutrition, $38,583,756 for Global Market Development, $5,100,000 for Nut of Choice Initiatives, $1,045,500 for Technical & Regulatory Affairs, $2,436,220 for Industry Services, $790,800 for Almond Quality & Food Safety, and $389,229 for Corporate Technology. Budgeted expenses for these items in 2015-16 were $7,904,000 for Operations Expenses, $1,500,000 for Board AIM Initiatives, $0 for Crop of Choice Initiatives, $1,826,350 for Reputation Management, $1,843,331 for Production Research, $1,039,790 for Environmental Research, $1,640,000 for Scientific Affairs/Nutrition, $38,583,756 for Global Market Development, $0 for Nut of Choice Initiatives, $1,045,500 for Technical & Regulatory Affairs, $2,436,220 for Industry Services, $790,800 for Almond Quality & Food Safety, and $389,229 for Corporate Technology. The Board estimates a production increase of thirty percent, or 600 million pounds, by the 2019-20 crop year. This increase is nearly as much as their largest market currently consumes. Increased market development investment, as well as new marketing programs will be required to successfully market the additional supply. Additional investment in research is also needed to address concerns such as: Changing water supply and quality systems; air quality and how it relates to harvesting, pesticide, and energy use; and bee health. Accordingly, the three-year higher assessment rate is needed to fund the Board's new Nut of Choice marketing program and Crop of Choice research activities. The Board anticipates that by the 2019-20 crop year, the increased production assessed at the reinstated $0.03 per pound rate should generate sufficient revenue to cover the anticipated expenditures at that time. Prior to arriving at this budget and assessment rate, the Board held a strategic planning session in February 2016. The Board also considered recommendations made from its various committees including the Global Market Development Committee, Production Research Committee, and Environmental Committee. Alternative expenditure levels were discussed, based upon the relative value of various activities to the almond industry. The Board ultimately determined that 2016-17 expenditures of $69,897,626 were appropriate, and the recommended assessment rate plus, income from other sources and operation reverse funds, would generate sufficient revenue to meet its expenses. A review of historical information and preliminary information pertaining to the upcoming crop year indicates that the grower price for the 2016-17 season could range between $3.21 and $3.19 per pound of almonds. Therefore, the estimated assessment revenue for the 2016-17 crop year (disregarding any amounts credited pursuant to Sec. 981.41 and Sec. 981.441) as a percentage of total grower revenue could range between 1.24 and 1.25 percent, respectively. This action would increase the assessment obligation imposed on handlers. While assessments impose some additional costs on handlers, the costs are minimal and uniform on all handlers. Some of the additional costs may be passed on to growers. However, these costs would be offset by the benefits derived by the operation of the marketing order. In addition, the Board's meeting was widely publicized throughout the California almond industry and all interested persons were invited to attend the meeting and participate in Board deliberations on all issues. Like all Board meetings, the April 12, 2016, 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 proposed 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 [[Page 46619]] Management and Budget (OMB) and assigned OMB No. 0581-0178 (Vegetable and Specialty Crops.) 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 proposed rule would impose no additional reporting or recordkeeping requirements on either small or large California almond 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 action. 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/rules-regulations/moa/small-businesses. Any questions about the compliance guide should be sent to Antoinette Carter at the previously-mentioned address in the FOR FURTHER INFORMATION CONTACT section. A 15-day comment period is provided to allow interested persons to respond to this proposed rule. Fifteen days is deemed appropriate because: (1) The 2016-17 crop year begins on August 1, 2016, and the marketing order requires that the rate of assessment for each crop year apply to all assessable almonds handled during such crop year; (2) the Board needs to have sufficient funds to pay its expenses which are incurred on a continuous basis; and (3) handlers are aware of this action which was unanimously recommended by the Board at a public meeting. List of Subjects in 7 CFR Part 981 Almonds, Marketing agreements, Nuts, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 981 is proposed to be amended as follows: PART 981--ALMONDS GROWN IN CALIFORNIA 0 1. The authority citation for 7 CFR part 981 continues to read as follows: Authority: 7 U.S.C. 601-674. 0 2. Section 981.343 is revised to read as follows: Sec. 981.343 Assessment rate. For the period August 1, 2016, through July 31, 2019, the assessment rate shall be $0.04 per pound for California almonds. Of the $0.04 assessment rate, 60 percent per assessable pound is available for handler credit-back. On and after August 1, 2019, an assessment rate of $0.03 per pound is established for California almonds. Of the $0.03 assessment rate, 60 percent per assessable pound is available for handler credit-back. Dated: July 12, 2016. Elanor Starmer, Administrator, Agricultural Marketing Service. [FR Doc. 2016-16814 Filed 7-15-16; 8:45 am] BILLING CODE 3410-02-P
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Proposed Rules Federal Register
Vol. 81, No. 137
Monday, July 18, 2016
This section of the FEDERAL REGISTER AMS, USDA, 1400 Independence all assessable almonds beginning on
contains notices to the public of the proposed Avenue SW., STOP 0237, Washington, August 1, 2016, through July 31, 2019.
issuance of rules and regulations. The DC 20250–0237; Fax: (202) 720–8938; or Beginning August 1, 2019, the
purpose of these notices is to give interested Internet: http://www.regulations.gov. assessment rate would return to the
persons an opportunity to participate in the Comments should reference the current $0.03 and would remain in
rule making prior to the adoption of the final
rules.
document number and the date and effect indefinitely unless modified,
page number of this issue of the Federal suspended, or terminated.
Register and will be available for public The Act provides that administrative
DEPARTMENT OF AGRICULTURE inspection in the Office of the Docket proceedings must be exhausted before
Clerk during regular business hours, or parties may file suit in court. Under
Agricultural Marketing Service can be viewed at: http:// section 608c(15)(A) of the Act, any
www.regulations.gov. All comments handler subject to an order may file
7 CFR Part 981 submitted in response to this proposed with USDA a petition stating that the
[Doc. No. AMS–SC–16–0045; SC16–981–2
rule will be included in the record and order, any provision of the order, or any
PR] will be made available to the public. obligation imposed in connection with
Please be advised that the identity of the the order is not in accordance with law
Almonds Grown in California; individuals or entities submitting the and request a modification of the order
Increased Assessment Rate comments will be made public on the or to be exempted therefrom. Such
internet at the address provided above. handler is afforded the opportunity for
AGENCY: Agricultural Marketing Service, FOR FURTHER INFORMATION CONTACT: a hearing on the petition. After the
USDA. Andrea Ricci, Marketing Specialist or hearing, USDA would rule on the
ACTION: Proposed rule. Jeffery Smutny, Regional Director, petition. The Act provides that the
California Marketing Field Office, district court of the United States in any
SUMMARY: This proposed rule would
Marketing Order and Agreement district in which the handler is an
implement a recommendation from the
Division, Specialty Crops Program, inhabitant, or has his or her principal
Almond Board of California (Board) to
AMS, USDA; Telephone: (559) 487– place of business, has jurisdiction to
increase the assessment rate established
5901, Fax: (559) 487–5906, or Email: review USDA’s ruling on the petition,
for the 2016–17 through the 2018–19
with Andrea.Ricci@ams.usda.gov or provided an action is filed not later than
crop years from $0.03 to $0.04 per
Jeffery.Smutny@ams.usda.gov. 20 days after the date of the entry of the
pound of almonds handled under the
Small businesses may request ruling.
marketing order (order). Of the $0.04 per
information on complying with this This proposed rule would increase
pound assessment, 60 percent (or $0.024
regulation by contacting Antoinette the assessment rate for the 2016–17
per pound) would be available as credit-
Carter, Marketing Order and Agreement through 2018–19 crop years from $0.03
back for handlers who conduct their
Division, Specialty Crops Program, to $0.04 per pound of almonds received.
own promotional activities. The
AMS, USDA, 1400 Independence Of the $0.04 per pound assessment, 60
assessment rate would return to $0.03
Avenue SW., STOP 0237, Washington, percent (or $0.024 per pound) would be
for the 2019–20 and subsequent crop
DC 20250–0237; Telephone: (202) 720– available as credit-back for handlers
years, and the amount available for
2491, Fax: (202) 720–8938, or Email: who conduct their own promotional
handler credit-back would return to
Antoinette.Carter@ams.usda.gov. activities. The assessment rate would
$0.018 per pound (60 percent). The
SUPPLEMENTARY INFORMATION: This return to $0.03 for the 2019–20 and
Board locally administers the order and
proposed rule is issued under Marketing subsequent crop years, and the amount
is comprised of growers and handlers of
Order No. 981, as amended (7 CFR part available for handler credit-back would
almonds grown in California.
981), regulating the handling of almonds return to $0.018 per pound (60 percent).
Assessments upon almond handlers are
grown in California, hereinafter referred The California almond marketing
used by the Board to fund reasonable
to as the ‘‘order.’’ The order is effective order provides authority for the Board,
and necessary expenses of the program.
under the Agricultural Marketing with the approval of USDA, to formulate
The crop year begins August 1 and ends
Agreement Act of 1937, as amended (7 an annual budget of expenses and
July 31. The $0.04 assessment rate
U.S.C. 601–674), hereinafter referred to collect assessments from handlers to
would remain in effect until July 31,
as the ‘‘Act.’’ administer the program. The members
2019. Beginning August 1, 2019, the
The Department of Agriculture of the Board are growers and handlers
assessment rate would return to $0.03
(USDA) is issuing this proposed rule in of California almonds. They are familiar
and would remain in effect indefinitely
conformance with Executive Orders with the Board’s needs and with the
unless modified, suspended, or
12866, 13563, and 13175. costs for goods and services in their
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
terminated.
This proposed rule has been reviewed local area and thus are in a position to
DATES: Comments must be received by under Executive Order 12988, Civil formulate an appropriate budget and
August 2, 2016. Justice Reform. Under the marketing assessment rate. The assessment rate is
ADDRESSES: Interested persons are order now in effect, California almond formulated and discussed in a public
invited to submit written comments handlers are subject to assessments. meeting. Therefore, all directly affected
concerning this proposed rule. Funds to administer the order are persons have an opportunity to
Comments must be sent to the Docket derived from such assessments. It is participate and provide input.
Clerk, Marketing Order and Agreement intended that the assessment rate as For the 2005–06 and subsequent crop
Division, Specialty Crops Program, proposed herein would be applicable to years, the Board recommended, and
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![Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Proposed Rules 46619
Management and Budget (OMB) and § 981.343 Assessment rate. ADDRESSES: You may submit comments
assigned OMB No. 0581–0178 For the period August 1, 2016, by either of the following methods:
(Vegetable and Specialty Crops.) No through July 31, 2019, the assessment • Federal eRulemaking Portal: Go to
changes in those requirements are rate shall be $0.04 per pound for http://www.regulations.gov/
necessary as a result of this action. California almonds. Of the $0.04 #!docketDetail;D=APHIS-2009-0095.
Should any changes become necessary, assessment rate, 60 percent per • Postal Mail/Commercial Delivery:
they would be submitted to OMB for assessable pound is available for Send your comment to Docket No.
approval. handler credit-back. On and after APHIS–2009–0095, Regulatory Analysis
This proposed rule would impose no August 1, 2019, an assessment rate of and Development, PPD, APHIS, Station
additional reporting or recordkeeping $0.03 per pound is established for 3A–03.8, 4700 River Road, Unit 118,
requirements on either small or large California almonds. Of the $0.03 Riverdale, MD 20737–1238.
California almond handlers. As with all assessment rate, 60 percent per Supporting documents and any
Federal marketing order programs, assessable pound is available for comments we receive on this docket
reports and forms are periodically handler credit-back. may be viewed at http://
reviewed to reduce information www.regulations.gov/
requirements and duplication by Dated: July 12, 2016. #!docketDetail;D=APHIS-2009-0095 or
industry and public sector agencies. Elanor Starmer, in our reading room, which is located in
AMS is committed to complying with Administrator, Agricultural Marketing room 1141 of the USDA South Building,
the E-Government Act, to promote the Service. 14th Street and Independence Avenue
use of the internet and other [FR Doc. 2016–16814 Filed 7–15–16; 8:45 am] SW., Washington, DC. Normal reading
information technologies to provide BILLING CODE 3410–02–P room hours are 8 a.m. to 4:30 p.m.,
increased opportunities for citizen Monday through Friday, except
access to Government information and holidays. To be sure someone is there to
services, and for other purposes. DEPARTMENT OF AGRICULTURE help you, please call (202) 799–7039
USDA has not identified any relevant before coming.
Federal rules that duplicate, overlap, or Animal and Plant Health Inspection
FOR FURTHER INFORMATION CONTACT: For
conflict with this action. Service
information concerning live animals,
A small business guide on complying contact Dr. Oriana Beemer, Veterinary
with fruit, vegetable, and specialty crop 9 CFR Parts 93, 94, 95, 96, and 98
Medical Officer, Animal Permitting and
marketing agreements and orders may
[Docket No. APHIS–2009–0095] Negotiating Services, National Import
be viewed at: http://www.ams.usda.gov/
Export Services, VS, APHIS, 4700 River
rules-regulations/moa/small-businesses. RIN 0579–AD10
Road, Unit 39, Riverdale, MD 20737–
Any questions about the compliance
Importation of Sheep, Goats, and 1231; (301) 851–3300.
guide should be sent to Antoinette For information regarding ruminant
Carter at the previously-mentioned Certain Other Ruminants
products and for other information
address in the FOR FURTHER INFORMATION regarding this proposed rule, contact Dr.
AGENCY: Animal and Plant Health
CONTACT section.
Inspection Service, USDA. Christopher Robinson, Director, Animal
A 15-day comment period is provided
ACTION: Proposed rule. Products Permitting and Negotiation
to allow interested persons to respond
Services, National Import Export
to this proposed rule. Fifteen days is
SUMMARY: We are proposing to amend Services, VS, APHIS, 4700 River Road,
deemed appropriate because: (1) The
2016–17 crop year begins on August 1, the regulations that govern the Unit 38, Riverdale, MD 20737–1231;
2016, and the marketing order requires importation of animals and animal (301) 851–3300.
that the rate of assessment for each crop products to revise the conditions for the SUPPLEMENTARY INFORMATION:
year apply to all assessable almonds importation of live sheep, goats, and
certain other non-bovine ruminants, and I. Executive Summary
handled during such crop year; (2) the
Board needs to have sufficient funds to products derived from sheep and goats, Need for the Regulatory Action
pay its expenses which are incurred on with regard to transmissible spongiform The current bovine spongiform
a continuous basis; and (3) handlers are encephalopathies such as bovine encephalopathy (BSE)-related import
aware of this action which was spongiform encephalopathy (BSE) and regulations prohibit the importation of
unanimously recommended by the scrapie. We are proposing to remove most live sheep and goats and most
Board at a public meeting. BSE-related import restrictions on sheep sheep and goat products from countries
and goats and most of their products, that are considered a risk for BSE. The
List of Subjects in 7 CFR Part 981 and to add import restrictions related to current regulations allow the
Almonds, Marketing agreements, transmissible spongiform importation of non-pregnant slaughter
Nuts, Reporting and recordkeeping encephalopathies for certain wild, or feeder sheep that are under 12
requirements. zoological, or other non-bovine months old from Canada, certain
For the reasons set forth in the ruminant species. The conditions we are products from sheep and goats, and
preamble, 7 CFR part 981 is proposed to proposing for the importation of sheep and goat semen. The conditions
be amended as follows: specified commodities are based on we are proposing for the importation of
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
internationally accepted scientific sheep and goats and their products are
PART 981—ALMONDS GROWN IN literature and will in general align our based on internationally accepted
CALIFORNIA regulations with guidelines set out in scientific literature and are consistent
the World Organization for Animal with World Organization for Animal
■ 1. The authority citation for 7 CFR Health’s Terrestrial Animal Health
part 981 continues to read as follows: Health (OIE) guidelines. We are
Code. proposing these amendments after
Authority: 7 U.S.C. 601–674. DATES: We will consider all comments conducting a thorough review of
■ 2. Section 981.343 is revised to read that we receive on or before September relevant scientific literature and a
as follows: 16, 2016. comprehensive evaluation of the issues
VerDate Sep<11>2014 18:16 Jul 15, 2016 Jkt 238001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\18JYP1.SGM 18JYP1](https://thefederalregister.org/doc/81_FR_46753/page/4.svg)
Document Created: 2016-07-16 02:28:36
Document Modified: 2016-07-16 02:28:36
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received by August 2, 2016. | |
| Contact | Andrea Ricci, Marketing Specialist or Jeffery Smutny, Regional Director, California Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (559) 487-5901, Fax: (559) 487-5906, or Email: with [email protected] or [email protected] | |
| FR Citation | 81 FR 46616 | |
| CFR Associated | Almonds; Marketing Agreements; Nuts and Reporting and Recordkeeping Requirements |
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