81_FR_63859 81 FR 63679 - Pistachios Grown in California, Arizona, and New Mexico; Decreased Assessment Rate

81 FR 63679 - Pistachios Grown in California, Arizona, and New Mexico; Decreased Assessment Rate

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 81, Issue 180 (September 16, 2016)

Page Range63679-63682
FR Document2016-22248

This rule implements a recommendation from the Administrative Committee for Pistachios (Committee) for a decrease in the assessment rate established for the 2016-17 and subsequent production years from $0.0035 to $0.0010 per pound of assessed weight pistachios handled under the marketing order (order). The Committee locally administers the order and is comprised of producers and handlers of pistachios operating within the area of production. Assessments upon pistachio handlers are used by the Committee to fund reasonable and necessary expenses of the program. The production year begins September 1 and ends August 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

Federal Register, Volume 81 Issue 180 (Friday, September 16, 2016)
[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)]
[Rules and Regulations]
[Pages 63679-63682]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22248]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 983

[Docket No. AMS-SC-16-0076 SC16-983-2 IR]


Pistachios Grown in California, Arizona, and New Mexico; 
Decreased Assessment Rate

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim rule with request for comments.

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

SUMMARY: This rule implements a recommendation from the Administrative 
Committee for Pistachios (Committee) for a decrease in the assessment 
rate established for the 2016-17 and subsequent production years from 
$0.0035 to $0.0010 per pound of assessed weight pistachios handled 
under the marketing order (order). The Committee locally administers 
the order and is comprised of producers and handlers of pistachios 
operating within the area of production. Assessments upon pistachio 
handlers are used by the Committee to fund reasonable and necessary 
expenses of the program. The production year begins September 1 and 
ends August 31. The assessment rate will remain in effect indefinitely 
unless modified, suspended, or terminated.

DATES: Effective September 19, 2016; Comments received by November 15, 
2016 will be considered prior to issuance of a final rule.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this rule. Comments must be sent to the Docket Clerk, 
Marketing Order and Agreement Division, 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 docket number and the date and page 
number of this issue of the Federal Register and will be available for 
public inspection in the Office of the Docket Clerk during regular 
business hours, or can be viewed at: http://www.regulations.gov. All 
comments submitted in response to this rule will be included in the 
record and will be made available to the public. Please be advised that 
the identity of the individuals or entities submitting comments will be 
made public on the Internet at the address provided above.

FOR FURTHER INFORMATION CONTACT: Peter R. Sommers, Marketing 
Specialist,

[[Page 63680]]

or Jeffrey 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: [email protected] or [email protected].
    Small businesses may request information on complying with this 
regulation by contacting Richard Lower, 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 and Order No. 983, both as amended (7 CFR part 983), 
regulating the handling of pistachios grown in California, Arizona, and 
New Mexico, hereinafter referred to as the ``order.'' The order is 
effective under the Agricultural Marketing Agreement Act of 1937, as 
amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.''
    The Department of Agriculture (USDA) is issuing this rule in 
conformance with Executive Orders 12866, 13563, and 13175.
    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. Under the marketing order now in effect, California, 
Arizona, and New Mexico pistachio 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 pistachios beginning September 1, 2016, and continue 
until amended, suspended, or terminated.
    The Act provides that administrative proceedings must be exhausted 
before parties may file suit in court. Under section 608c(15)(A) of the 
Act, any handler subject to an order may file with USDA a petition 
stating that the order, any provision of the order, or any obligation 
imposed in connection with the order is not in accordance with law and 
request a modification of the order or to be exempted therefrom. Such 
handler is afforded the opportunity for a hearing on the petition. 
After the hearing, USDA would rule on the petition. The Act provides 
that the district court of the United States in any district in which 
the handler is an inhabitant, or has his or her principal place of 
business, has jurisdiction to review USDA's ruling on the petition, 
provided an action is filed not later than 20 days after the date of 
the entry of the ruling.
    This rule decreases the assessment rate for the 2016-17 and 
subsequent production years from $0.0035 to $0.0010 per pound of 
assessed weight pistachios.
    The California, Arizona, and New Mexico pistachio order provides 
authority for the Committee, with the approval of USDA, to formulate an 
annual budget of expenses and collect assessments from handlers to 
administer the program. The members of the Committee are producers and 
handlers of California, Arizona, and New Mexico pistachios. They are 
familiar with the Committee's needs and with the costs for goods and 
services in their local area and are thus in a position to formulate an 
appropriate budget and assessment rate. The assessment rate is 
formulated and discussed in a public meeting. Thus, all directly 
affected persons have an opportunity to participate and provide input.
    For the 2015-16 and subsequent production years, the Committee 
recommended and USDA approved an assessment rate that would continue in 
effect from production year to production year unless modified, 
suspended, or terminated by USDA upon recommendation and information 
submitted by the Committee or other information available to USDA.
    The Committee met on July 12, 2016, and unanimously recommended 
2016-17 expenditures of $922,500, and an assessment rate of $0.0010 per 
pound of assessed weight pistachios. In comparison, last year's 
budgeted expenditures were $1,056,402, and the assessment rate was 
$0.0035 per pound of pistachios. The assessment rate of $0.0010 is 
$0.0025 lower than the rate currently in effect.
    The major expenditures recommended by the Committee for the 2016-17 
production year include $333,000 for salaries and benefits, $250,000 
for research, and $19,500 for general and administrative expenses. 
Budgeted expenses for these items in the 2015-16 production year were 
$316,500, $560,000, and $19,500, respectively.
    The assessment rate recommended by the Committee was derived by 
dividing anticipated expenses by expected shipments of California, 
Arizona, and New Mexico pistachios. Pistachio shipments for the 
production year are estimated at 750 million pounds which should 
provide $750,000 in assessment income. Income derived from handler 
assessments, along with interest income and funds from the Committee's 
authorized reserve, will be adequate to cover budgeted expenses. Funds 
in the reserve will be kept within the maximum limit permitted by the 
order, which is two production years' budgeted expenses.
    The assessment rate established in this rule will continue in 
effect indefinitely unless modified, suspended, or terminated by USDA 
upon recommendation and information submitted by the Committee or other 
available information.
    Although this assessment rate is effective for an indefinite 
period, the Committee will continue to meet prior to or during each 
production year to recommend a budget of expenses and consider 
recommendations for modification of the assessment rate. The dates and 
times of Committee meetings are available from the Committee or USDA. 
Committee meetings are open to the public and interested persons may 
express their views at these meetings. USDA will evaluate Committee 
recommendations and other available information to determine whether 
modification of the assessment rate is needed. Further rulemaking will 
be undertaken as necessary. The Committee's 2016-17 production year 
budget and those for subsequent production years will 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 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 1,152 producers of pistachios in the 
production area and 19 handlers subject to regulation under the 
marketing order. The Small Business Administration defines small 
agricultural producers as those having annual receipts less than 
$750,000, and small agricultural service firms as those whose annual 
receipts are less than $7,500,000. (13 CFR 121.201)
    Based on Committee data, it is estimated that about 53 percent of 
the handlers annually ship less than $7,500,000 worth of pistachios, 
and it is also estimated that 68 percent of the producers have annual 
receipts less

[[Page 63681]]

than $750,000. Thus, the majority of handlers in the production area 
and more than two-thirds of the producers may be classified as small 
entities.
    This rule decreases the assessment rate collected from handlers for 
the 2016-17 and subsequent production years from $0.0035 to $0.0010 per 
pound of pistachios handled. The Committee unanimously recommended 
2016-17 expenditures of $922,500 and an assessment rate of $0.0010 per 
pound of assessed weight pistachios, which is $0.0025 lower than the 
2015-16 rate currently in effect. The quantity of assessable pistachios 
for the 2016-17 production year is estimated at 750 million pounds. 
Thus, the $0.0010 rate should provide $750,000 in assessment income. 
Income derived from handler's assessments, along with interest and 
funds from the Committee's authorized reserve, should be adequate to 
cover expenses for the 2016-17 production year.
    The major expenditures recommended by the Committee for the 2016-17 
production year include $333,000 for salaries and benefits, $250,000 
for research, and $19,500 for general and administrative expenses. 
Budgeted expenses for these items in the 2015-16 production year were 
$316,500, $560,000, and $19,500, respectively.
    The assessment rate decrease is necessary to reduce expected income 
from an assessment rate set at $0.0035 per pound. The income from that 
assessment rate would result in the Committee's financial reserve being 
higher than is permitted under the order. The $0.0035 rate was 
established to provide sufficient income when the crop was expected to 
be approximately half of a normal crop. For these reasons, the 
Committee unanimously voted to decrease the assessment rate from 
$0.0035 to $0.0010. The income generated from the lower recommended 
rate combined with funds from the financial reserve should provide 
sufficient income to cover anticipated 2016-17 expenses and maintain 
the financial reserve within the limit specified under the marketing 
order.
    Prior to arriving at this budget and assessment rate, the Committee 
considered information from various sources. Alternative expenditure 
levels were discussed, based upon the relative value of various 
activities to the pistachio industry. The Committee ultimately 
determined that the 2016-17 production year expenses of $922,500 were 
prudent, and the assessment income provided by the reduced rate and 
funds from the financial reserve would permit the committee to meet its 
expenses.
    According to data from the National Agricultural Statistics 
Service, the season average producer price was $3.57 per pound of 
assessed weight pistachios in 2014 and $2.48 per pound in 2015. A 
review of historical and preliminary information pertaining to the 
upcoming production year indicates that the producer revenue for the 
2016-17 production year could range between $1,860,000,000 and 
$2,677,500,000. Therefore, the estimated assessment revenue for the 
2016-17 production year as a percentage of total producer revenue could 
range between 0.0004 and 0.00028 percent.
    This action decreases the assessment obligation imposed on 
handlers. Assessments are applied uniformly on all handlers, and some 
of the costs may be passed on to producers. However, decreasing the 
assessment rate reduces the burden on handlers, and may reduce the 
burden on producers. In addition, the Committee meeting was widely 
publicized throughout the California, Arizona, and New Mexico pistachio 
industry, and all interested persons were invited to attend the 
meetings and encouraged to participate in Committee deliberations on 
all issues.
    Like all Committee meetings, the July 12, 2016, meeting was a 
public meeting and all entities, both large and small, were able to 
express views on this issue. Industry members also discussed various 
assessment rates, potential crop size, and estimated expenses at this 
meeting. Finally, interested persons are invited to submit comments on 
this interim rule, including the regulatory and informational impacts 
of this action on small businesses.
    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), the order's information collection requirements have been 
previously approved by the Office of Management and Budget (OMB) and 
assigned OMB No. 0581-0215, ``Vegetable and Specialty Crop Marketing 
Orders.'' 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 California, Arizona, and New 
Mexico pistachio handlers. As with all Federal marketing order 
programs, reports and forms are periodically reviewed to reduce 
information requirements and duplication by industry and public sector 
agencies.
    AMS is committed to complying with the E-Government Act, to promote 
the use of the internet and other information technologies, to provide 
increased opportunities for citizen access to Government information 
and services, and for other purposes.
    USDA has not identified any relevant Federal rules that duplicate, 
overlap, or conflict with this rule.
    A small business guide on complying with fruit, vegetable, and 
specialty crop marketing agreements and orders may be viewed at: http://www.ams.usda.gov/rules-regulations/moa/small-businesses. Any questions 
about the compliance guide should be sent to Richard Lower at the 
previously mentioned address in the FOR FURTHER INFORMATION CONTACT 
section.
    After consideration of all relevant material presented, including 
the information and recommendation submitted by the Committee and other 
available information, it is hereby found that this rule, as 
hereinafter set forth, will tend to effectuate the declared policy of 
the Act.
    Pursuant to 5 U.S.C. 553, it is also found and determined upon good 
cause that it is impracticable, unnecessary, and contrary to the public 
interest to give preliminary notice prior to putting this rule into 
effect, and that good cause exists for not postponing the effective 
date of this rule until 30 days after publication in the Federal 
Register because: (1) The 2016-17 production year begins on September 
1, 2016, and the order requires that the rate of assessment for each 
production year apply to all assessable pistachios handled during such 
production year; (2) the action decreases the assessment rate for 
assessable pistachios beginning with the 2016-17 production year; (3) 
handlers are aware of this action which was unanimously recommended by 
the Committee at a public meeting and is similar to other assessment 
rate actions issued in past years; and (4) this interim rule provides a 
60-day comment period, and all comments timely received will be 
considered prior to finalization of this rule.

List of Subjects in 7 CFR Part 983

    Pistachios, Marketing agreements, Reporting and recordkeeping 
requirements.

    For the reasons set forth in the preamble, 7 CFR part 983 is 
amended as follows:

[[Page 63682]]

PART 983--PISTACHIOS GROWN IN CALIFORNIA, ARIZONA, AND NEW MEXICO

0
1. The authority citation for 7 CFR part 983 continues to read as 
follows:

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


0
2. Section 983.253 is revised to read as follows:


Sec.  983.253   Assessment rate.

    On and after September 1, 2016, an assessment rate of $0.0010 per 
pound is established for California, Arizona, and New Mexico 
pistachios.

    Dated: September 12, 2016.
Elanor Starmer,
Administrator, Agricultural Marketing Service.
[FR Doc. 2016-22248 Filed 9-15-16; 8:45 am]
BILLING CODE P



                                                            Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations                                       63679

                                              The Board’s meeting was widely                         For the reasons set forth in the                    DEPARTMENT OF AGRICULTURE
                                           publicized throughout the tart cherry                   preamble, 7 CFR part 930 is amended as
                                           industry and all interested persons were                follows:                                              Agricultural Marketing Service
                                           invited to attend and participate in
                                           Board deliberations on all issues. Like                 PART 930—TART CHERRIES GROWN                          7 CFR Part 983
                                           all Board meetings, the June 25, 2015,                  IN THE STATES OF MICHIGAN, NEW                        [Docket No. AMS–SC–16–0076 SC16–983–
                                           meeting was a public meeting and all                    YORK, PENNSYLVANIA, OREGON,                           2 IR]
                                           entities, both large and small, were able               UTAH, WASHINGTON, AND
                                           to express views on these issues.                       WISCONSIN                                             Pistachios Grown in California,
                                              A proposed rule concerning this                                                                            Arizona, and New Mexico; Decreased
                                           action was published in the Federal                     ■ 1. The authority citation for 7 CFR                 Assessment Rate
                                           Register on June 15, 2016 (81 FR 38975).                part 930 continues to read as follows:
                                           Copies of the rule were mailed or sent                                                                        AGENCY:  Agricultural Marketing Service,
                                           via facsimile to all Board members and                      Authority: 7 U.S.C. 601–674.                      USDA.
                                           tart cherry handlers. Finally, the rule                                                                       ACTION: Interim rule with request for
                                                                                                   ■ 2. In § 930.151:
                                           was made available through the internet                                                                       comments.
                                           by USDA and the Office of the Federal                   ■ a. Designate the current paragraph as
                                           Register. A 30-day comment period                       paragraph (a); and                                    SUMMARY:   This rule implements a
                                           ending July 15, 2016, was provided to                                                                         recommendation from the
                                                                                                   ■ b. Add a new paragraph (b) to read as
                                           allow interested persons to respond to                                                                        Administrative Committee for
                                                                                                   follows:
                                           the proposal.                                                                                                 Pistachios (Committee) for a decrease in
                                                                                                   § 930.151    Desirable carry-out inventory.           the assessment rate established for the
                                              One comment was received during
                                                                                                                                                         2016–17 and subsequent production
                                           the comment period in response to the                     (a) * * *                                           years from $0.0035 to $0.0010 per
                                           proposal. The commenter is an
                                                                                                     (b) Beginning with the crop year                    pound of assessed weight pistachios
                                           individual who supports the proposed
                                                                                                   starting July 1, 2016, for the purposes of            handled under the marketing order
                                           action. The commenter described the
                                                                                                   determining an optimum supply                         (order). The Committee locally
                                           proposed changes as positive for the
                                                                                                   volume, the Board may recommend a                     administers the order and is comprised
                                           industry. Accordingly, no changes will
                                                                                                   desirable carry-out inventory not to                  of producers and handlers of pistachios
                                           be made to the rule as proposed, based
                                                                                                   exceed 100 million pounds.                            operating within the area of production.
                                           on the comment received.
                                                                                                                                                         Assessments upon pistachio handlers
                                              A small business guide on complying                  ■ 3. Section 930.154 is added to read as              are used by the Committee to fund
                                           with fruit, vegetable, and specialty crop               follows:                                              reasonable and necessary expenses of
                                           marketing agreements and orders may
                                                                                                                                                         the program. The production year
                                           be viewed at: http://www.ams.usda.gov/                  § 930.154    Release of inventory reserve
                                                                                                   cherries.
                                                                                                                                                         begins September 1 and ends August 31.
                                           rules-regulations/moa/small-businesses.
                                                                                                                                                         The assessment rate will remain in
                                           Any questions about the compliance                        (a) As provided in § 930.54, the Board              effect indefinitely unless modified,
                                           guide should be sent to Richard Lower                   may recommend a release of a portion                  suspended, or terminated.
                                           at the previously mentioned address in
                                                                                                   or all of the primary and/or secondary                DATES: Effective September 19, 2016;
                                           the FOR FURTHER INFORMATION CONTACT
                                                                                                   reserve cherries. The total available                 Comments received by November 15,
                                           section.
                                                                                                   reserves will be determined at the                    2016 will be considered prior to
                                              After consideration of all relevant
                                                                                                   beginning of the crop year. The primary               issuance of a final rule.
                                           matter presented, including the
                                           information and recommendation                          reserve as defined in §§ 930.55 and                   ADDRESSES: Interested persons are
                                           submitted by the Board and other                        930.150 must be depleted before the                   invited to submit written comments
                                           available information, it is hereby found               secondary reserve can be released. If a               concerning this rule. Comments must be
                                           that this rule, as hereinafter set forth,               release is recommended, the                           sent to the Docket Clerk, Marketing
                                           will tend to effectuate the declared                    recommended volume shall be                           Order and Agreement Division,
                                           policy of the Act.                                      apportioned to handlers on the basis of               Specialty Crops Program, AMS, USDA,
                                              It is further found that good cause                  each handler’s proportion of the total                1400 Independence Avenue SW., STOP
                                           exists for not postponing the effective                 volume handled in the preceding three                 0237, Washington, DC 20250–0237; Fax:
                                           date of this rule until 30 days after                   crop years.                                           (202) 720–8938; or Internet: http://
                                           publication in the Federal Register (5                    (b) If a handler has less volume in                 www.regulations.gov. Comments should
                                           U.S.C. 553) because handlers are already                reserve than is apportioned, the excess               reference the docket number and the
                                           putting cherries into reserve. This action                                                                    date and page number of this issue of
                                                                                                   volume shall be reapportioned to those
                                           also needs to be in place before the                                                                          the Federal Register and will be
                                                                                                   who still have volume in reserve until
                                           Board meets in September to discuss                                                                           available for public inspection in the
                                                                                                   the total release is complete.                        Office of the Docket Clerk during regular
                                           establishing volume control, including
                                           determining an appropriate carry-out                      Dated: September 12, 2016.                          business hours, or can be viewed at:
                                           figure. Further, handlers are aware of                  Elanor Starmer,                                       http://www.regulations.gov. All
                                           this rule, which was recommended at a                   Administrator, Agricultural Marketing                 comments submitted in response to this
                                           public meeting. Also, a 30-day comment                  Service.                                              rule will be included in the record and
                                           period was provided for in the proposed                 [FR Doc. 2016–22258 Filed 9–15–16; 8:45 am]           will be made available to the public.
Lhorne on DSK30JT082PROD with RULES




                                           rule.                                                                                                         Please be advised that the identity of the
                                                                                                   BILLING CODE 3410–02–P
                                                                                                                                                         individuals or entities submitting
                                           List of Subjects in 7 CFR Part 930                                                                            comments will be made public on the
                                             Marketing agreements, Reporting and                                                                         Internet at the address provided above.
                                           recordkeeping requirements, Tart                                                                              FOR FURTHER INFORMATION CONTACT:
                                           cherries.                                                                                                     Peter R. Sommers, Marketing Specialist,


                                      VerDate Sep<11>2014   13:04 Sep 15, 2016   Jkt 238001   PO 00000   Frm 00005   Fmt 4700   Sfmt 4700   E:\FR\FM\16SER1.SGM   16SER1


                                           63680            Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations

                                           or Jeffrey Smutny, Regional Director,                      This rule decreases the assessment                 maximum limit permitted by the order,
                                           California Marketing Field Office,                      rate for the 2016–17 and subsequent                   which is two production years’
                                           Marketing Order and Agreement                           production years from $0.0035 to                      budgeted expenses.
                                           Division, Specialty Crops Program,                      $0.0010 per pound of assessed weight                     The assessment rate established in
                                           AMS, USDA; Telephone: (559) 487–                        pistachios.                                           this rule will continue in effect
                                           5901, Fax: (559) 487–5906, or Email:                       The California, Arizona, and New                   indefinitely unless modified,
                                           PeterR.Sommers@ams.usda.gov or                          Mexico pistachio order provides                       suspended, or terminated by USDA
                                           Jeffrey.Smutny@ams.usda.gov.                            authority for the Committee, with the                 upon recommendation and information
                                              Small businesses may request                         approval of USDA, to formulate an                     submitted by the Committee or other
                                           information on complying with this                      annual budget of expenses and collect                 available information.
                                           regulation by contacting Richard Lower,                 assessments from handlers to administer                  Although this assessment rate is
                                           Marketing Order and Agreement                           the program. The members of the                       effective for an indefinite period, the
                                           Division, Specialty Crops Program,                      Committee are producers and handlers                  Committee will continue to meet prior
                                           AMS, USDA, 1400 Independence                            of California, Arizona, and New Mexico                to or during each production year to
                                           Avenue SW., STOP 0237, Washington,                      pistachios. They are familiar with the                recommend a budget of expenses and
                                           DC 20250–0237; Telephone: (202) 720–                    Committee’s needs and with the costs                  consider recommendations for
                                           2491, Fax: (202) 720–8938, or Email:                    for goods and services in their local area            modification of the assessment rate. The
                                           Richard.Lower@ams.usda.gov.                             and are thus in a position to formulate               dates and times of Committee meetings
                                           SUPPLEMENTARY INFORMATION: This rule                    an appropriate budget and assessment                  are available from the Committee or
                                           is issued under Marketing Agreement                     rate. The assessment rate is formulated               USDA. Committee meetings are open to
                                           and Order No. 983, both as amended (7                   and discussed in a public meeting.                    the public and interested persons may
                                           CFR part 983), regulating the handling                  Thus, all directly affected persons have              express their views at these meetings.
                                           of pistachios grown in California,                      an opportunity to participate and                     USDA will evaluate Committee
                                           Arizona, and New Mexico, hereinafter                    provide input.                                        recommendations and other available
                                           referred to as the ‘‘order.’’ The order is                 For the 2015–16 and subsequent                     information to determine whether
                                           effective under the Agricultural                        production years, the Committee                       modification of the assessment rate is
                                           Marketing Agreement Act of 1937, as                     recommended and USDA approved an                      needed. Further rulemaking will be
                                           amended (7 U.S.C. 601–674), hereinafter                 assessment rate that would continue in                undertaken as necessary. The
                                           referred to as the ‘‘Act.’’                             effect from production year to                        Committee’s 2016–17 production year
                                              The Department of Agriculture                        production year unless modified,                      budget and those for subsequent
                                           (USDA) is issuing this rule in                          suspended, or terminated by USDA                      production years will be reviewed and,
                                           conformance with Executive Orders                       upon recommendation and information                   as appropriate, approved by USDA.
                                           12866, 13563, and 13175.                                submitted by the Committee or other
                                                                                                   information available to USDA.                        Initial Regulatory Flexibility Analysis
                                              This rule has been reviewed under
                                           Executive Order 12988, Civil Justice                       The Committee met on July 12, 2016,                   Pursuant to requirements set forth in
                                           Reform. Under the marketing order now                   and unanimously recommended 2016–                     the Regulatory Flexibility Act (RFA) (5
                                           in effect, California, Arizona, and New                 17 expenditures of $922,500, and an                   U.S.C. 601–612), the Agricultural
                                           Mexico pistachio handlers are subject to                assessment rate of $0.0010 per pound of               Marketing Service (AMS) has
                                           assessments. Funds to administer the                    assessed weight pistachios. In                        considered the economic impact of this
                                           order are derived from such                             comparison, last year’s budgeted                      rule on small entities. Accordingly,
                                           assessments. It is intended that the                    expenditures were $1,056,402, and the                 AMS has prepared this initial regulatory
                                           assessment rate as issued herein will be                assessment rate was $0.0035 per pound                 flexibility analysis.
                                           applicable to all assessable pistachios                 of pistachios. The assessment rate of                    The purpose of the RFA is to fit
                                           beginning September 1, 2016, and                        $0.0010 is $0.0025 lower than the rate                regulatory actions to the scale of
                                           continue until amended, suspended, or                   currently in effect.                                  businesses subject to such actions in
                                           terminated.                                                The major expenditures                             order that small businesses will not be
                                              The Act provides that administrative                 recommended by the Committee for the                  unduly or disproportionately burdened.
                                           proceedings must be exhausted before                    2016–17 production year include                       Marketing orders issued pursuant to the
                                           parties may file suit in court. Under                   $333,000 for salaries and benefits,                   Act, and the rules issued thereunder, are
                                           section 608c(15)(A) of the Act, any                     $250,000 for research, and $19,500 for                unique in that they are brought about
                                           handler subject to an order may file                    general and administrative expenses.                  through group action of essentially
                                           with USDA a petition stating that the                   Budgeted expenses for these items in                  small entities acting on their own
                                           order, any provision of the order, or any               the 2015–16 production year were                      behalf.
                                           obligation imposed in connection with                   $316,500, $560,000, and $19,500,                         There are approximately 1,152
                                           the order is not in accordance with law                 respectively.                                         producers of pistachios in the
                                           and request a modification of the order                    The assessment rate recommended by                 production area and 19 handlers subject
                                           or to be exempted therefrom. Such                       the Committee was derived by dividing                 to regulation under the marketing order.
                                           handler is afforded the opportunity for                 anticipated expenses by expected                      The Small Business Administration
                                           a hearing on the petition. After the                    shipments of California, Arizona, and                 defines small agricultural producers as
                                           hearing, USDA would rule on the                         New Mexico pistachios. Pistachio                      those having annual receipts less than
                                           petition. The Act provides that the                     shipments for the production year are                 $750,000, and small agricultural service
                                           district court of the United States in any              estimated at 750 million pounds which                 firms as those whose annual receipts are
                                           district in which the handler is an                     should provide $750,000 in assessment                 less than $7,500,000. (13 CFR 121.201)
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                                           inhabitant, or has his or her principal                 income. Income derived from handler                      Based on Committee data, it is
                                           place of business, has jurisdiction to                  assessments, along with interest income               estimated that about 53 percent of the
                                           review USDA’s ruling on the petition,                   and funds from the Committee’s                        handlers annually ship less than
                                           provided an action is filed not later than              authorized reserve, will be adequate to               $7,500,000 worth of pistachios, and it is
                                           20 days after the date of the entry of the              cover budgeted expenses. Funds in the                 also estimated that 68 percent of the
                                           ruling.                                                 reserve will be kept within the                       producers have annual receipts less


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                                                            Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations                                       63681

                                           than $750,000. Thus, the majority of                    would permit the committee to meet its                   AMS is committed to complying with
                                           handlers in the production area and                     expenses.                                             the E-Government Act, to promote the
                                           more than two-thirds of the producers                      According to data from the National                use of the internet and other
                                           may be classified as small entities.                    Agricultural Statistics Service, the                  information technologies, to provide
                                              This rule decreases the assessment                   season average producer price was $3.57               increased opportunities for citizen
                                           rate collected from handlers for the                    per pound of assessed weight pistachios               access to Government information and
                                           2016–17 and subsequent production                       in 2014 and $2.48 per pound in 2015.                  services, and for other purposes.
                                           years from $0.0035 to $0.0010 per                       A review of historical and preliminary
                                                                                                                                                            USDA has not identified any relevant
                                           pound of pistachios handled. The                        information pertaining to the upcoming
                                                                                                   production year indicates that the                    Federal rules that duplicate, overlap, or
                                           Committee unanimously recommended
                                           2016–17 expenditures of $922,500 and                    producer revenue for the 2016–17                      conflict with this rule.
                                           an assessment rate of $0.0010 per pound                 production year could range between                      A small business guide on complying
                                           of assessed weight pistachios, which is                 $1,860,000,000 and $2,677,500,000.                    with fruit, vegetable, and specialty crop
                                           $0.0025 lower than the 2015–16 rate                     Therefore, the estimated assessment                   marketing agreements and orders may
                                           currently in effect. The quantity of                    revenue for the 2016–17 production                    be viewed at: http://www.ams.usda.gov/
                                           assessable pistachios for the 2016–17                   year as a percentage of total producer                rules-regulations/moa/small-businesses.
                                           production year is estimated at 750                     revenue could range between 0.0004                    Any questions about the compliance
                                           million pounds. Thus, the $0.0010 rate                  and 0.00028 percent.                                  guide should be sent to Richard Lower
                                           should provide $750,000 in assessment                      This action decreases the assessment               at the previously mentioned address in
                                           income. Income derived from handler’s                   obligation imposed on handlers.                       the FOR FURTHER INFORMATION CONTACT
                                           assessments, along with interest and                    Assessments are applied uniformly on                  section.
                                           funds from the Committee’s authorized                   all handlers, and some of the costs may
                                           reserve, should be adequate to cover                    be passed on to producers. However,                      After consideration of all relevant
                                           expenses for the 2016–17 production                     decreasing the assessment rate reduces                material presented, including the
                                           year.                                                   the burden on handlers, and may reduce                information and recommendation
                                              The major expenditures                               the burden on producers. In addition,                 submitted by the Committee and other
                                           recommended by the Committee for the                    the Committee meeting was widely                      available information, it is hereby found
                                           2016–17 production year include                         publicized throughout the California,                 that this rule, as hereinafter set forth,
                                           $333,000 for salaries and benefits,                     Arizona, and New Mexico pistachio                     will tend to effectuate the declared
                                           $250,000 for research, and $19,500 for                  industry, and all interested persons                  policy of the Act.
                                           general and administrative expenses.                    were invited to attend the meetings and                  Pursuant to 5 U.S.C. 553, it is also
                                           Budgeted expenses for these items in                    encouraged to participate in Committee                found and determined upon good cause
                                           the 2015–16 production year were                        deliberations on all issues.                          that it is impracticable, unnecessary,
                                           $316,500, $560,000, and $19,500,                           Like all Committee meetings, the July              and contrary to the public interest to
                                           respectively.                                           12, 2016, meeting was a public meeting                give preliminary notice prior to putting
                                              The assessment rate decrease is                      and all entities, both large and small,               this rule into effect, and that good cause
                                           necessary to reduce expected income                     were able to express views on this issue.             exists for not postponing the effective
                                           from an assessment rate set at $0.0035                  Industry members also discussed                       date of this rule until 30 days after
                                           per pound. The income from that                         various assessment rates, potential crop
                                                                                                                                                         publication in the Federal Register
                                           assessment rate would result in the                     size, and estimated expenses at this
                                                                                                                                                         because: (1) The 2016–17 production
                                           Committee’s financial reserve being                     meeting. Finally, interested persons are
                                                                                                                                                         year begins on September 1, 2016, and
                                           higher than is permitted under the                      invited to submit comments on this
                                                                                                   interim rule, including the regulatory                the order requires that the rate of
                                           order. The $0.0035 rate was established
                                           to provide sufficient income when the                   and informational impacts of this action              assessment for each production year
                                           crop was expected to be approximately                   on small businesses.                                  apply to all assessable pistachios
                                           half of a normal crop. For these reasons,                  In accordance with the Paperwork                   handled during such production year;
                                           the Committee unanimously voted to                      Reduction Act of 1995 (44 U.S.C.                      (2) the action decreases the assessment
                                           decrease the assessment rate from                       Chapter 35), the order’s information                  rate for assessable pistachios beginning
                                           $0.0035 to $0.0010. The income                          collection requirements have been                     with the 2016–17 production year; (3)
                                           generated from the lower recommended                    previously approved by the Office of                  handlers are aware of this action which
                                           rate combined with funds from the                       Management and Budget (OMB) and                       was unanimously recommended by the
                                           financial reserve should provide                        assigned OMB No. 0581–0215,                           Committee at a public meeting and is
                                           sufficient income to cover anticipated                  ‘‘Vegetable and Specialty Crop                        similar to other assessment rate actions
                                           2016–17 expenses and maintain the                       Marketing Orders.’’ No changes in those               issued in past years; and (4) this interim
                                           financial reserve within the limit                      requirements as a result of this action               rule provides a 60-day comment period,
                                           specified under the marketing order.                    are necessary. Should any changes                     and all comments timely received will
                                              Prior to arriving at this budget and                 become necessary, they would be                       be considered prior to finalization of
                                           assessment rate, the Committee                          submitted to OMB for approval.                        this rule.
                                           considered information from various                        This action imposes no additional
                                           sources. Alternative expenditure levels                 reporting or recordkeeping requirements               List of Subjects in 7 CFR Part 983
                                           were discussed, based upon the relative                 on either small or large California,                    Pistachios, Marketing agreements,
                                           value of various activities to the                      Arizona, and New Mexico pistachio                     Reporting and recordkeeping
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                                           pistachio industry. The Committee                       handlers. As with all Federal marketing
                                                                                                                                                         requirements.
                                           ultimately determined that the 2016–17                  order programs, reports and forms are
                                           production year expenses of $922,500                    periodically reviewed to reduce                         For the reasons set forth in the
                                           were prudent, and the assessment                        information requirements and                          preamble, 7 CFR part 983 is amended as
                                           income provided by the reduced rate                     duplication by industry and public                    follows:
                                           and funds from the financial reserve                    sector agencies.


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                                           63682            Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations

                                           PART 983—PISTACHIOS GROWN IN                            III. Policy Statement                                 the Board generally intends to increase
                                           CALIFORNIA, ARIZONA, AND NEW                            IV. Administrative Law Matters                        the CCyB gradually, (2) that the Board
                                                                                                      A. Use of Plain Language                           expects to remove or reduce the CCyB
                                           MEXICO                                                     B. Paperwork Reduction Act Analysis
                                                                                                      C. Regulatory Flexibility Act Analysis
                                                                                                                                                         when the conditions that led to its
                                           ■ 1. The authority citation for 7 CFR                                                                         activation abate or lessen and when the
                                           part 983 continues to read as follows:                  I. Background                                         release of CCyB capital would promote
                                               Authority: 7 U.S.C. 601–674.                           In December 2015, the Board invited                financial stability. The discussion in
                                                                                                   public comment on a proposed policy                   Sections II and IV below responds to
                                           ■ 2. Section 983.253 is revised to read                                                                       comments on the proposal regarding the
                                           as follows:                                             statement describing the framework that
                                                                                                   the Board would use to set the amount                 Board’s process for setting the CCyB. In
                                           § 983.253    Assessment rate.                           of the U.S. countercyclical capital buffer            particular, as indicated below, the Board
                                             On and after September 1, 2016, an                    (CCyB) under the Board’s capital rules                would seek comment on any proposed
                                           assessment rate of $0.0010 per pound is                 (Regulation Q).1 The CCyB is a                        change to the CCyB amount and include
                                           established for California, Arizona, and                macroprudential policy tool that the                  a discussion of the reasons for the
                                           New Mexico pistachios.                                  Board can increase during periods of                  change.
                                                                                                   rising vulnerabilities in the financial               II. Purpose of CCyB
                                             Dated: September 12, 2016.
                                                                                                   system and reduce when vulnerabilities
                                           Elanor Starmer,                                         recede or when the release of the CCyB                   The CCyB is designed to increase the
                                           Administrator, Agricultural Marketing                   would promote financial stability.2 The               resilience of large banking organizations
                                           Service.                                                CCyB supplements the minimum capital                  when the Board sees an elevated risk of
                                           [FR Doc. 2016–22248 Filed 9–15–16; 8:45 am]             requirements and other capital buffers                above-normal losses. Increasing the
                                           BILLING CODE P                                          included in Regulation Q, which                       resilience of large banking organizations
                                                                                                   themselves are designed to provide                    should, in turn, improve the resilience
                                                                                                   substantial resilience to unexpected                  of the broader financial system. Above-
                                           FEDERAL RESERVE SYSTEM                                  losses created by normal fluctuations in              normal losses often follow periods of
                                                                                                   economic and financial conditions.                    rapid asset price appreciation or credit
                                           12 CFR Part 217                                            The proposed policy statement                      growth that are not well supported by
                                                                                                   outlined the factors the Board would                  underlying economic fundamentals. As
                                           [Docket No. R–1529; RIN 7100 AE–43]
                                                                                                   consider in setting the level of the                  stated in the proposed policy statement,
                                           Regulatory Capital Rules: The Federal                   CCyB, and the indicators it would                     the circumstances in which the Board
                                           Reserve Board’s Framework for                           monitor to help determine whether an                  would most likely use the CCyB as a
                                           Implementing the U.S. Basel III                         adjustment to the CCyB is appropriate.                supplemental, macroprudential tool to
                                           Countercyclical Capital Buffer                          The proposed policy statement also                    augment minimum capital requirements
                                                                                                   described the effects the Board will                  and other capital buffers would be to
                                           AGENCY:  Board of Governors of the                      monitor in determining whether the                    address circumstances when systemic
                                           Federal Reserve System.                                 CCyB is achieving the desired purposes                vulnerabilities are somewhat above
                                           ACTION: Final policy statement.                         of the CCyB.                                          normal. By requiring institutions to hold
                                                                                                      The Board received two comments on                 a larger capital buffer during periods
                                           SUMMARY:   The Board of Governors of the                the proposed policy statement.                        when systemic risk is increasing and
                                           Federal Reserve System (Board) is                       Commenters raised concerns about the                  reducing the buffer requirement as
                                           adopting a final policy statement (Policy               process that the Board would follow in                vulnerabilities diminish, the CCyB also
                                           Statement) describing the framework                     setting the CCyB pursuant to the policy               has the potential to moderate
                                           that the Board will follow under its                    statement, the potential economic                     fluctuations in the supply of credit over
                                           Regulation Q in setting the amount of                   impact of the CCyB, and the efficacy                  time.
                                           the U.S. countercyclical capital buffer                 and appropriateness of the CCyB as a                     The CCyB functions as an expansion
                                           for advanced approaches bank holding                    policy tool. Commenters also made                     of the Capital Conservation Buffer
                                           companies, savings and loan holding                     various specific suggestions as to the                (CCB), which is applicable to all
                                           companies, and state member banks.                      indicators and standards that the Board               banking organizations subject to
                                           DATES: The Policy Statement is effective                should consider in determining whether                Regulation Q. To avoid limits on capital
                                           October 14, 2016.                                       to activate the CCyB.                                 distributions and certain discretionary
                                                                                                      After reviewing comments, the Board                bonus payments,3 the CCB requires that
                                           FOR FURTHER INFORMATION CONTACT:
                                                                                                   is revising the final Policy Statement to
                                           William Bassett, Deputy Associate                                                                             a banking organization hold a buffer of
                                                                                                   clarify the following key items: (1) That
                                           Director, (202) 736–5644, or Rochelle                                                                         common equity tier 1 capital that is at
                                                                                                   the Board expects that the CCyB will be
                                           Edge, Deputy Associate Director, (202)                                                                        least 2.5 percent of the risk-weighted
                                                                                                   activated when systemic vulnerabilities
                                           452–2339, Division of Financial                                                                               assets in addition to the minimum risk-
                                                                                                   are meaningfully above normal and that
                                           Stability; Sean Campbell, Associate                                                                           based capital ratios. The CCB is divided
                                           Director, (202) 452–3760, Division of                      1 12 CFR part 217. See also 81 FR 5661 (February
                                                                                                                                                         into quartiles, each associated with
                                           Banking Supervision and Regulation;                     3, 2016).                                             increasingly stringent limitations on
                                           Benjamin W. McDonough, Special                             2 See 12 CFR 217.11(b). Implementation of the      capital distributions and certain
                                           Counsel, (202) 452–2036, Mark Buresh,                   CCyB also helps respond to the provision in the       discretionary bonus payments as the
                                           Senior Attorney, (202) 452–5270, or                     Dodd-Frank Wall Street Reform and Consumer            firm’s risk-based capital ratios approach
                                                                                                   Protection Act (Dodd-Frank Act) that the agencies
                                           Mary Watkins, Attorney, (202) 452–                                                                            regulatory minimums.4 The CCyB is an
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                                                                                                   ‘‘shall seek to make such [capital] requirements
                                           3722, Legal Division.                                   countercyclical, so that the amount of capital        additional, countercyclical buffer that
                                           SUPPLEMENTARY INFORMATION:                              required to be maintained by a company increases      has the same limitations on dividends
                                                                                                   in times of economic expansion and decreases in       and capital distributions as the CCB.
                                           Table of Contents                                       times of economic contraction, consistent with the
                                                                                                   safety and soundness of the company.’’ See 12
                                           I. Background                                           U.S.C. 1467a; 12 U.S.C. 1844; 12 U.S.C. 3907 (as        3 12   CFR 217.11(b)(1)(i).
                                           II. Summary of Comments on the Proposal                 amended by section 616 of the Dodd-Frank Act).          4 12   CFR 217.11(a).



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Document Created: 2016-09-16 00:25:48
Document Modified: 2016-09-16 00:25:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionInterim rule with request for comments.
DatesEffective September 19, 2016; Comments received by November 15, 2016 will be considered prior to issuance of a final rule.
ContactPeter R. Sommers, Marketing Specialist, or Jeffrey 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: [email protected] or [email protected]
FR Citation81 FR 63679 
CFR AssociatedPistachios; Marketing Agreements and Reporting and Recordkeeping Requirements

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