81 FR 67217 - Hazelnuts Grown in Oregon and Washington; Hearing on Proposed Amendment of Marketing Order No. 982
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 81, Issue 190 (September 30, 2016)
Agricultural Marketing Service
Federal Register Volume 81, Issue 190 (September 30, 2016)
| Page Range | 67217-67219 | |
| FR Document | 2016-23669 |
[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)] [Proposed Rules] [Pages 67217-67219] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-23669] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 982 [Docket No. AO-SC-16-0136; AMS-SC-16-0074; SC16-982-1] Hazelnuts Grown in Oregon and Washington; Hearing on Proposed Amendment of Marketing Order No. 982 AGENCY: Agricultural Marketing Service, USDA. ACTION: Notice of hearing on proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given of a public hearing to receive evidence on proposed amendments to Marketing Order No. 982 (order), which regulates the handling of hazelnuts grown in Oregon and Washington. Two amendments are proposed by the Hazelnut Marketing Board (Board), which is responsible for local administration of the order. The proposed amendments would add both the authority to regulate quality and the authority to establish different regulations for different markets. In addition, the Agricultural Marketing Service (AMS) proposes to make any such changes as may be necessary to the order to conform to any amendment that may result from the hearing. The proposals are intended to aid in pathogen reduction and meet the needs of different market destinations. DATES: The hearing date is October 18, 2016, 8:30 a.m. to 5:00 p.m. ADDRESSES: The hearing will be held at the Holiday Inn, 25425 SW. 95th Ave., Wilsonville, Oregon 97070. FOR FURTHER INFORMATION CONTACT: Melissa Schmaedick, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, Post Office Box 952, Moab, UT 84532; Telephone: (202) 557-4783, Fax: (435) 259- 1502, or Michelle Sharrow, 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] or [email protected]. Small businesses may request information on this proceeding by contacting Richard E. 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 administrative action is instituted pursuant to the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.'' This action is governed by the provisions of sections 556 and 557 of title 5 of the United States Code and, therefore, is excluded from the requirements of Executive Order 12866, 13563 and 13175. Notice of this rulemaking action was provided to tribal governments through USDA's Office of Tribal Relations. [[Page 67218]] The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) seeks to ensure that within the statutory authority of a program, the regulatory and informational requirements are tailored to the size and nature of small businesses. Interested persons are invited to present evidence at the hearing on the possible regulatory and informational impacts of the proposals on small businesses. The amendments proposed herein have been reviewed under Executive Order 12988, Civil Justice Reform. They are not intended to have retroactive effect. 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. A handler is afforded the opportunity for a hearing 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 the 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. The hearing is called pursuant to the provisions of the Act and the applicable rules of practice and procedure governing the formulation of marketing agreements and orders (7 CFR part 900). The proposed amendments were recommended by the Board and submitted to USDA on May 16, 2016. After reviewing the proposals and other information submitted by the Board, USDA made a determination to schedule this matter for hearing. The proposed amendments to the order recommended by the Board are summarized as follows: 1. Amend the order to add authority to regulate quality. This would include: Adding a new Sec. 982.45(c); adding a new Sec. 982.46(d); and revising Sec. Sec. 982.12 and 982.40. Corresponding changes would also revise the subheading ``Grade and Size Regulation'' prior to Sec. 982.45 and the section heading for Sec. 982.45 ``Establishment of grade and size regulations.'' to include quality. 2. Amend the order by adding Sec. 982.45(d) to add authority to establish different outgoing quality regulations for different markets. The Board works with USDA in administering the order. The proposals submitted by the Board have not received the approval of USDA. The proposed changes would add authority to regulate quality to aid in pathogen reduction and establish different outgoing quality regulations for different market destinations. The proposed amendments are intended to aid in the marketing of hazelnuts and improve the operation and administration of the order. In addition to the proposed amendments to the order submitted by the Board, AMS proposes to make any such changes as may be necessary to the order to conform to any amendment that may result from the hearing, or to correct minor inconsistencies and typographical errors. The public hearing is held for the purpose of: (i) Receiving evidence about the economic and marketing conditions which relate to the proposed amendments of the order; (ii) determining whether there is a need for the proposed amendments to the order; and (iii) determining whether the proposed amendments or appropriate modifications thereof will tend to effectuate the declared policy of the Act. Testimony is invited at the hearing on all the proposals and recommendations contained in this notice, as well as any appropriate modifications or alternatives. All persons wishing to submit written material as evidence at the hearing should be prepared to submit four copies of such material at the hearing. Four copies of prepared testimony for presentation at the hearing should also be made available. To the extent practicable, eight additional copies of evidentiary exhibits and testimony prepared as an exhibit should be made available to USDA representatives on the day of appearance at the hearing. Any requests for preparation of USDA data for this rulemaking hearing should be made at least 10 days prior to the beginning of the hearing. From the time the notice of hearing is issued and until the issuance of a final decision in this proceeding, USDA employees involved in the decisional process are prohibited from discussing the merits of the hearing issues on an ex parte basis with any person having an interest in the proceeding. The prohibition applies to employees in the following organizational units: Office of the Secretary of Agriculture; Office of the Administrator, AMS; Office of the General Counsel; and the Specialty Crops Program, AMS. Procedural matters are not subject to the above prohibition and may be discussed at any time. List of Subjects in 7 CFR Part 982 Hazelnuts, Marketing agreements, Nuts, Reporting and recordkeeping requirements. PART 982--HAZELNUTS GROWN IN OREGON AND WASHINGTON 0 1. The authority citation for 7 CFR part 982 continues to read as follows: Authority: 7 U.S.C. 601-674. 0 2. Testimony is invited on the following proposals or appropriate alternatives or modifications to such proposals. Proposals submitted by the Hazelnut Marketing Board: Proposal Number 1 0 3. Revise Sec. 982.12 to read as follows: Sec. 982.12 Merchantable hazelnuts. Merchantable hazelnuts means inshell hazelnuts that meet the grade, size, and quality regulations in effect pursuant to Sec. 982.45 and are likely to be available for handling as inshell hazelnuts. 0 4. Amend Sec. 982.40 by revising paragraph (d) to read as follows: Sec. 982.40 Marketing policy and volume regulation. * * * * * (d) Grade, size, and quality regulations. Prior to September 20, the Board may consider grade, size, and quality regulations in effect and may recommend modifications thereof to the Secretary. * * * * * 0 5. In Sec. 982.45: 0 a. Revise the heading prior to this section; 0 b. Revise the section heading; and 0 c. Add paragraph (c). The revisions and addition read as follows: Grade, Size, and Quality Regulation Sec. 982.45 Establishment of grade, size, and quality regulations. * * * * * (c) Quality regulations. For any marketing year, the Board may establish, with the approval of the Secretary, such minimum quality and inspection requirements, to facilitate the reduction of pathogens, applicable to hazelnuts, as will contribute to orderly marketing or be in the public interest. In such marketing year, no handler shall handle hazelnuts unless they meet applicable minimum quality and inspection requirements as evidenced by certification acceptable to the Board. 0 6. Revise Sec. 982.46 by adding paragraph (d): [[Page 67219]] Sec. 982.46 Inspection and certification. * * * * * (d) Whenever quality regulations are in effect pursuant to Sec. 982.45, each handler shall certify that all product to be handled or credited in satisfaction of a restricted obligation meets the quality regulations as prescribed. Proposal Number 2 0 7. Amend Sec. 982.45 by adding paragraph (d) to read as follows: Sec. 982.45 Establishment of grade, size, and quality regulations. * * * * * (d) Different regulations for different markets. The Board may, with the approval of the Secretary, recommend different outgoing quality requirements for different markets. The Board, with the approval of the Secretary, may establish rules and regulations necessary and incidental to the administration of this provision. Proposal submitted by USDA: Proposal Number 3 Make other such changes as may be necessary to the order to conform with any amendment thereto that may result from the hearing, or to correct minor inconsistencies and typographical errors. Dated: September 27, 2016. Elanor Starmer, Administrator, Agricultural Marketing Service. [FR Doc. 2016-23669 Filed 9-29-16; 8:45 am] BILLING CODE 3410-02-P
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Proposed Rules Federal Register
Vol. 81, No. 190
Friday, September 30, 2016
This section of the FEDERAL REGISTER List of Subjects Oregon and Washington. Two
contains notices to the public of the proposed amendments are proposed by the
issuance of rules and regulations. The 2 CFR Part 2998
Hazelnut Marketing Board (Board),
purpose of these notices is to give interested Administrative practice and which is responsible for local
persons an opportunity to participate in the procedure, Government procurement, administration of the order. The
rule making prior to the adoption of the final Grant programs, Grants administration,
rules.
proposed amendments would add both
Reporting and recordkeeping the authority to regulate quality and the
requirements. authority to establish different
DEPARTMENT OF LABOR 29 CFR Part 95 regulations for different markets. In
addition, the Agricultural Marketing
2 CFR Part 2998 Foreign governments, Grants and Service (AMS) proposes to make any
agreements with institutions of higher such changes as may be necessary to the
29 CFR Parts 95 and 98 education, hospitals, and other non- order to conform to any amendment that
profit organizations, and with may result from the hearing. The
RIN 1291–AA38 commercial organizations, proposals are intended to aid in
Department of Labor Implementation Organizations under the jurisdiction of pathogen reduction and meet the needs
of OMB Guidance on Nonprocurement foreign governments, and International of different market destinations.
Debarment and Suspension; organizations. DATES: The hearing date is October 18,
Withdrawal 29 CFR Part 98 2016, 8:30 a.m. to 5:00 p.m.
AGENCY: Office of the Assistant Governmentwide debarment and ADDRESSES: The hearing will be held at
Secretary for Administration and suspension (nonprocurement). the Holiday Inn, 25425 SW. 95th Ave.,
Management, Department of Labor Wilsonville, Oregon 97070.
(OASAM), Department of Labor. Authority and Signature FOR FURTHER INFORMATION CONTACT:
ACTION: Withdrawal of proposed rule. T. Michael Kerr, Assistant Secretary Melissa Schmaedick, Marketing Order
of Labor for Administration and and Agreement Division, Specialty
SUMMARY: On April 29, 2016, the Management, U.S. Department of Labor, Crops Program, AMS, USDA, Post Office
Department of Labor, Office of the 200 Constitution Avenue NW., Box 952, Moab, UT 84532; Telephone:
Assistant Secretary for Administration Washington, DC 20210, authorized the (202) 557–4783, Fax: (435) 259–1502, or
and Management (OASAM) preparation of this withdrawal of the Michelle Sharrow, Marketing Order and
simultaneously published in the proposed rule. Agreement Division, Specialty Crops
Federal Register a notice of proposed Program, AMS, USDA, 1400
Dated: September 16, 2016.
rulemaking and a direct final rule to Independence Avenue SW., Stop 0237,
implement OMB Guidance on T. Michael Kerr,
Washington, DC 20250–0237;
Nonprocurement Debarment and Assistant Secretary for Administration and
Management.
Telephone: (202) 720–2491, Fax: (202)
Suspension. The comment period for 720–8938, or Email:
both the proposed rule and direct final [FR Doc. 2016–23427 Filed 9–29–16; 8:45 am]
Melissa.Schmaedick@ams.usda.gov or
rule ended on May 31, 2016, with no BILLING CODE 4510–7B–P
Michelle.Sharrow@ams.usda.gov.
comments received. For this reason, Small businesses may request
OASAM is withdrawing the proposed information on this proceeding by
rule. DEPARTMENT OF AGRICULTURE contacting Richard E. Lower, Marketing
DATES: The proposed rule that was Order and Agreement Division,
published on April 29, 2016 (81 FR Agricultural Marketing Service Specialty Crops Program, AMS, USDA,
25620) is withdrawn as of September 1400 Independence Avenue SW., Stop
30, 2016. 7 CFR Part 982 0237, Washington, DC 20250–0237;
ADDRESSES: Electronic copies of this [Docket No. AO–SC–16–0136; AMS–SC–16– Telephone: (202) 720–2491, Fax: (202)
Federal Register notice are available at 0074; SC16–982–1] 720–8938, or Email: Richard.Lower@
http://www.regulation.gov. ams.usda.gov.
FOR FURTHER INFORMATION CONTACT:
Hazelnuts Grown in Oregon and
SUPPLEMENTARY INFORMATION: This
Duyen Tran Ritchie, Office of the Chief Washington; Hearing on Proposed
administrative action is instituted
Procurement Officer, (202) 693–7277 Amendment of Marketing Order No.
pursuant to the Agricultural Marketing
[Note: This is not a toll-free telephone 982
Agreement Act of 1937, as amended (7
number]; or by email at AGENCY: Agricultural Marketing Service, U.S.C. 601–674), hereinafter referred to
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
Ritchie.duyen.t@dol.gov. USDA. as the ‘‘Act.’’ This action is governed by
SUPPLEMENTARY INFORMATION: On April ACTION: Notice of hearing on proposed the provisions of sections 556 and 557
29, 2016 (81 FR 25620), OASAM rulemaking. of title 5 of the United States Code and,
published a proposed rule in the therefore, is excluded from the
Federal Register to implement OMB SUMMARY: Notice is hereby given of a requirements of Executive Order 12866,
Guidance on Nonprocurement public hearing to receive evidence on 13563 and 13175. Notice of this
Debarment and Suspension. The proposed amendments to Marketing rulemaking action was provided to
proposed rule is withdrawn as of Order No. 982 (order), which regulates tribal governments through USDA’s
September 30, 2016. the handling of hazelnuts grown in Office of Tribal Relations.
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![Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Proposed Rules 67219
§ 982.46 Inspection and certification. comments, data, and information by such as those containing information
* * * * * October 3, 2016. This document that is exempt from public disclosure.
(d) Whenever quality regulations are announces an extension of the public The docket Web page can be found at:
in effect pursuant to § 982.45, each comment period for submitting https://www.regulations.gov/
handler shall certify that all product to comments and data on the SNOPR or docket?D=EERE-2014-BT-STD-0005.
be handled or credited in satisfaction of any other aspect of the rulemaking for The docket Web page contains simple
a restricted obligation meets the quality conventional cooking products. The instructions on how to access all
regulations as prescribed. comment period is extended to documents, including public comments,
November 2, 2016. in the docket.
Proposal Number 2
DATES: DOE will accept comments, data, FOR FURTHER INFORMATION CONTACT:
■ 7. Amend § 982.45 by adding and information regarding this Mr. John Cymbalsky, U.S. Department
paragraph (d) to read as follows: rulemaking received no later than of Energy, Office of Energy Efficiency
November 2, 2016. and Renewable Energy, Building
§ 982.45 Establishment of grade, size, and
quality regulations. ADDRESSES: Instructions: Any comments Technologies Program, EE–2J, 1000
submitted must identify the SNOPR for Independence Avenue SW.,
* * * * * Washington, DC 20585–0121.
(d) Different regulations for different Energy Conservation Standards for
residential conventional cooking Telephone: (202) 287–1692. Email:
markets. The Board may, with the kitchen_ranges_and_ovens@ee.doe.gov.
approval of the Secretary, recommend products, and provide docket number
EERE–2014–BT–STD–0005 and/or Ms. Celia Sher, U.S. Department of
different outgoing quality requirements Energy, Office of the General Counsel,
for different markets. The Board, with regulatory information number (RIN)
1904–AD15. Comments may be GC–33, 1000 Independence Avenue
the approval of the Secretary, may SW., Washington, DC 20585–0121.
establish rules and regulations submitted using any of the following
methods: Interested persons may submit Telephone: (202) 287–6122. Email:
necessary and incidental to the Celia.Sher@hq.doe.gov.
administration of this provision. comments, identified by docket number
EERE–2014–BT–STD–0005 and/or SUPPLEMENTARY INFORMATION: On
Proposal submitted by USDA:
regulatory information number (RIN) September 2, 2016, DOE published in
Proposal Number 3 1904–AD15, by any of the following the Federal Register a supplemental
Make other such changes as may be methods: notice of proposed rulemaking (the
necessary to the order to conform with (1) Federal eRulemaking Portal: September 2016 SNOPR) pertaining to
any amendment thereto that may result www.regulations.gov. Follow the proposed energy conservation standards
from the hearing, or to correct minor instructions for submitting comments. for conventional cooking products. In
inconsistencies and typographical (2) Email: Conventional that notice, DOE proposed new or
errors. CookingProducts2014STD0005@ amended energy conservation standards
ee.doe.gov Include the docket number for conventional cooking products and
Dated: September 27, 2016. solicited comment and data from the
and/or RIN in the subject line of the
Elanor Starmer, message. Submit electronic comments public on the proposed standards,
Administrator, Agricultural Marketing in WordPerfect, Microsoft Word, PDF, associated analyses, and results. DOE
Service. or ASCII file format, and avoid the use identified several key issues associated
[FR Doc. 2016–23669 Filed 9–29–16; 8:45 am] of special characters or any form of with the proposed standards on which
BILLING CODE 3410–02–P encryption. DOE was particularly interested in
(3) Postal Mail: Appliance and receiving comment. 81 FR 60784. The
Equipment Standards Program, U.S. SNOPR provided for the written
DEPARTMENT OF ENERGY Department of Energy, Building submission of comments by October 3,
Technologies Office, Mailstop EE–5B, 2016. The Association of Home
10 CFR Part 430 1000 Independence Avenue SW., Appliance Manufacturers (AHAM) has
[Docket No. EERE–2014–BT–STD–0005] Washington, DC 20585–0121. If requested an extension of the comment
possible, please submit all items on a period to allow additional time for
RIN 1904–AD15 compact disc (CD), in which case it is manufacturers to conduct testing to
not necessary to include printed copies. evaluate the proposed energy
Energy Conservation Program: Energy
(4) Hand Delivery/Courier: Appliance conservation standards, based on the
Conservation Standards for
and Equipment Standards Program, U.S. test procedure proposed in SNOPR that
Residential Conventional Cooking
Department of Energy, Building published in the Federal Register on
Products; Supplemental Notice of
Technologies Office, 950 L’Enfant Plaza August 22, 2016 (the August 2016 TP
Proposed Rulemaking
SW., 6th Floor, Washington, DC 20024. SNOPR) 81 FR 57374. AHAM stated that
AGENCY: Office of Energy Efficiency and Telephone: (202) 586–6636. If possible, manufacturers do not currently conduct
Renewable Energy, Department of please submit all items on a CD, in energy tests on conventional cooking
Energy. which case it is not necessary to include products, and thus more time is needed
ACTION: Extension of public comment printed copies. to conduct testing on their product lines
Docket: The docket, which includes to evaluate the proposed test procedures
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
period.
Federal Register notices, public meeting and provide substantive comments on
SUMMARY: On September 2, 2016, the attendee lists and transcripts, the proposed standards. (AHAM, No.
U.S. Department of Energy (DOE) comments, and other supporting 53, at pp. 2–5) An extension of the
published a supplemental notice of documents/materials, is available for comment period would allow additional
proposed rulemaking (SNOPR) review at www.regulations.gov. All time for AHAM and its members and
pertaining to proposed energy documents in the docket are listed in other interested parties to test existing
conservation standards for conventional the www.regulations.gov index. models to the proposed SNOPR test
cooking products. The notice provided However, some documents listed in the procedure to gather any additional data
an opportunity for submitting written index may not be publicly available, and information to address the proposed
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Document Created: 2018-02-09 13:33:51
Document Modified: 2018-02-09 13:33:51
| 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 | Notice of hearing on proposed rulemaking. | |
| Dates | The hearing date is October 18, 2016, 8:30 a.m. to 5:00 p.m. | |
| Contact | Melissa Schmaedick, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, Post Office Box 952, Moab, UT 84532; Telephone: (202) 557-4783, Fax: (435) 259- 1502, or Michelle Sharrow, 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] or [email protected] | |
| FR Citation | 81 FR 67217 | |
| CFR Associated | Hazelnuts; Marketing Agreements; Nuts and Reporting and Recordkeeping Requirements |
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