81 FR 91643 - Walnuts Grown in California; Increased Assessment Rate
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 81, Issue 243 (December 19, 2016)
Agricultural Marketing Service
Federal Register Volume 81, Issue 243 (December 19, 2016)
| Page Range | 91643-91646 | |
| FR Document | 2016-30307 |
[Federal Register Volume 81, Number 243 (Monday, December 19, 2016)] [Rules and Regulations] [Pages 91643-91646] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30307] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Rules and Regulations [[Page 91643]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 984 [Doc. No. AMS-SC-16-0062; SC16-984-2 FR] Walnuts Grown in California; Increased Assessment Rate AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule implements a recommendation from the California Walnut Board (Board) to increase the assessment rate established for the 2016-17 and subsequent marketing years from $0.0379 to $0.0465 per kernelweight pound of assessable walnuts. The Board locally administers the marketing order and is comprised of growers and handlers of walnuts operating within the area of production. Assessments upon walnut handlers are used by the Board to fund reasonable and necessary expenses of the program. The marketing year began on September 1 and ends August 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. DATES: Effective December 20, 2016. FOR FURTHER INFORMATION CONTACT: Terry Vawter, Senior 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]. 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 Order No. 984, as amended (7 CFR part 984), regulating the handling of walnuts grown in California, hereinafter referred to as the ``order.'' The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.'' The Department of Agriculture (USDA) is issuing this rule in conformance with Executive Orders 12866, 13563, and 13175. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the order now in effect, California walnut handlers are subject to assessments. Funds to administer the order are derived from such assessments. It is intended that the assessment rate as issued herein will be applicable to all assessable walnuts beginning on September 1, 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 increases the assessment rate for the 2016-17 and subsequent marketing years from $0.0379 to $0.0465 per kernelweight pound of assessable walnuts. The order provides authority for the Board, with the approval of USDA, to formulate an annual budget of expenses and collect assessments from handlers to administer the program. All members of the Board, but one, are growers and handlers of California walnuts. They are familiar with the Board's needs and with the costs for goods and services in their local area and are thus in a position to formulate an appropriate budget and assessment rate. The assessment rate is formulated and discussed in a public meeting. Thus, all directly affected persons have an opportunity to participate and provide input. For the 2015-16 and subsequent marketing years, the Board recommended, and USDA approved, an assessment rate of $0.0379 per kernelweight pound of assessable walnuts that would continue in effect from year to year unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the Board or other information available to USDA. The Board met on June 9, 2016, and unanimously recommended 2016-17 expenditures of $23,143,050 and an assessment rate of $0.0465 per kernelweight pound of assessable walnuts. In comparison, last year's budgeted expenditures were $22,668,980. The assessment rate of $0.0465 is $0.0086 per pound higher than the rate currently in effect. The quantity of assessable walnuts for the 2016-17 marketing year is estimated at 553,000 tons inshell or 497,700,000 kernelweight pounds, which is the three-year average of walnut production. At the recommended higher assessment rate of $0.0465 per kernelweight pound, the Board should collect approximately $23,143,050 in assessment income, making income and expenses equal. The Board estimates it will begin the 2016-17 marketing year with $9,827,284 in its monetary reserve, which is well within the requirements of the order. The Board noted that sales of California walnuts in the domestic market have been declining in recent years, and embarked upon an enhanced market development and promotion program in the 2015-16 marketing year that was designed to reverse the trend. Noting that making such a commitment for a single year would likely not result in long-term gains, they voted to continue such market development and promotion programs. Thus, it is [[Page 91644]] maintaining its programs at a level near that of the 2015-16 marketing year. In addition, personnel changes will result in an overlap of duties and expenses, as some positions will be added so that experience and continuity can be maintained despite staff retirements. Thus, employee costs are expected to be higher this marketing year. Added to that, the implementation of the Food Safety Modernization Act (FSMA) may result in added costs to the industry and, in some cases, to the Board as well. For that reason, the Grades and Standards Committee and the Production Research Committee requested increased budgets. The following table compares major budget expenditures recommended by the Board for the 2015-16 and 2016-17 marketing years: ------------------------------------------------------------------------ Budget expense categories 2015-16 2016-17 ------------------------------------------------------------------------ Employee Expenses....................... $ 1,846,500 $ 2,292,000 Travel/Board Expenses/Annual Audit...... 191,000 206,000 Office Expenses......................... 254,000 262,000 Controlled Purchases.................... 10,000 10,000 Crop Acreage Survey..................... 10,000 0 Crop Estimate........................... 130,000 130,000 Production Research Director............ 94,500 175,000 Production Research..................... 1,700,000 1,800,000 Sustainability Project.................. 75,000 75,000 Grades and Standards Research........... 600,000 800,000 Domestic Market Development............. 18,478,440 18,398,040 Reserve for Contingency................. 32,790 59,010 ------------------------------------------------------------------------ The assessment rate recommended by the Board was derived by dividing anticipated assessment revenue needed by estimated shipments of California walnuts certified as merchantable. The 553,000 ton (inshell) estimate for merchantable shipments is an average of shipments during three prior years. Pursuant to Sec. 984.51(b) of the order, this figure is converted to a merchantable kernelweight basis using a factor of 0.45 (553,000 tons x 2,000 pounds per ton x 0.45), which yields 497,700,000 kernelweight pounds. At $0.0465 per pound, the new assessment rate should generate $23,143,050 in assessment income, which is equal to estimated expenses. Section 984.69 of the order authorizes the Board to carry over excess funds into subsequent marketing years as a reserve, provided that funds already in the reserve do not exceed approximately two years' budgeted expenses. Current reserve funds total $9,827,284 and are well within that requirement. 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 Board or other available information. Although this assessment rate will be effective for an indefinite period, the Board will continue to meet prior to or during each marketing year to recommend a budget of expenses and consider recommendations for modification of the assessment rate. The dates and times of Board meetings are available from the Board or USDA. Board meetings are open to the public, and interested persons may express their views at these meetings. USDA will evaluate Board recommendations and other available information to determine whether modification of the assessment rate is needed. Further rulemaking will be undertaken as necessary. The Board's 2016-17 budget and those for subsequent marketing years would be reviewed and, as appropriate, approved by USDA. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS) has considered the economic impact of this rule on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. There are approximately 5,700 growers of California walnuts in the production area and approximately 90 handlers subject to regulation under the order. The Small Business Administration (SBA) defines small agricultural businesses as those having annual receipts of less than $750,000, and small agricultural service firms are defined as those having annual receipts of less than $7,500,000 (13 CFR 121.201). According to USDA's National Agricultural Statistics Service's (NASS's) 2012 Census of Agriculture, approximately 86 percent of California's walnut farms were smaller than 100 acres. Further, NASS reports that the average yield for 2014 was 1.97 tons per acre, and the average price received for 2014 was $3,230 per ton. A 100-acre farm with an average yield of 1.97 tons per acre would therefore have been expected to produce about 197 tons of walnuts during the 2014-15 marketing year. At $3,230 per ton, that farm's production would have had an approximate value of $636,310. Since Census of Agriculture information indicates that the majority of California's walnut farms are smaller than 100 acres, it could be concluded that the majority of the growers had receipts of less than $636,310 in 2014-15, which is well below the SBA threshold of $750,000. Thus, the majority of California's walnut growers would be considered small growers according to SBA's definition. According to information supplied by the Board, approximately two- thirds of California's walnut handlers shipped merchantable walnuts valued under $7,500,000 during the 2014-15 marketing year and would, therefore, be considered small businesses according to the SBA definition. This rule increases the assessment rate established for the Board and collected from handlers for the 2016-17 and subsequent marketing years from $0.0379 to $0.0465 per kernelweight pound of assessable walnuts. At its meeting on June 9, 2016, the Board unanimously recommended 2016-17 expenditures of $23,143,050 and an assessment rate of $0.0465 per kernelweight pound of assessable walnuts. The assessment rate of $0.0465 is $0.0086 higher than the 2015-16 rate. The quantity of assessable walnuts for the 2016-17 marketing year is estimated at 553,000 tons inshell weight, or [[Page 91645]] 497,700,000 kernelweight pounds. Thus, the $0.0465 rate should provide $23,143,050 in assessment income, which is equal to the estimated expenses. The increased assessment rate is due to continuing domestic marketing and promotion programs, as well as to increased personnel and committee expenses. The Board believes that California walnut sales can be improved in the domestic market through continued promotional activities. In addition, the Grades and Standards Committee and Production Research Committee have asked for additional funds in case the implementation of FSMA requires new methods or processes for growing, harvesting, and shipping walnuts. The major expenses for the 2016-17 marketing year include: $2,292,000 for employee expenses; $206,000 for travel, Board expenses, and annual audit expenses; $262,000 for office expenses; $10,000 for controlled purchases; $0 for the crop acreage survey; $130,000 for the crop estimate; $175,000 for the salary of the Production Research Director; $1,800,000 for production research; $75,000 for sustainability; $800,000 for grades and standards research; $18,398,040 for domestic market development projects; and $59,010 for the contingency reserve. In comparison, the major expenses for the 2015-16 marketing year included: $1,846,500 for employee expenses; $191,000 for travel, board expenses, and annual audit expenses; $254,000 for office expenses; $10,000 for controlled purchases; $100,000 for the crop acreage survey; $130,000 for the crop estimate; $94,500 for the salary of the Production Research Director; $1,700,000 for production research; $75,000 for sustainability; $600,000 for grades and standards research; $18,478,440 for domestic market development projects; and $32,790 for the contingency reserve. The Board reviewed and unanimously recommended 2016-17 expenditures of $23,143,050 at its meeting on June 9, 2016. Prior to arriving at this budget, the Board considered a recommendation from the Budget and Personnel Committee (Committee), which also reviewed the proposed budget. The Committee debated the relative value of the increased assessment rate, given the focus on domestic promotion programs. It also considered information from various other committees, who deliberated and formulated their own budgets of expenses and made their recommendations to the Committee. Those committees include the Market Development, Production Research, and Grades and Standards Committees. The Budget and Personnel Committee considered alternative expenditure levels, such as reducing the proposed budgets recommended by the other committees and changing the funding for domestic marketing projects, as well as not increasing the assessment rate. The Committee ultimately decided that the proposed expenditures and assessment rate were reasonable and necessary to assist in improving domestic sales, maintaining staff continuity, and preparing for potential FSMA mandates. Thus, the Committee unanimously agreed to recommend the budget to the Board. The assessment rate of $0.0465 per kernelweight pound of assessable walnuts was derived by dividing anticipated assessment revenue needed by expected shipments of California walnuts certified as merchantable. Merchantable shipments for the year are estimated at 497,700,000 pounds. It was determined that $23,143,050 in assessment income was needed, and assessment income will equal expenses of $23,143,050. Unexpended funds may be retained in a financial reserve, provided that funds in the financial reserve do not exceed approximately two years' budgeted expenses. According to NASS, the season average grower prices for the years 2013 and 2014 were $3,710 and $3,230 per ton, respectively. These prices provide a range within which the 2016-17 season average price could fall. Dividing these average grower prices by 2,000 pounds per ton provides an inshell price per pound range of $1.62 to $1.86. Dividing these inshell per pound prices by the 0.45 conversion factor (inshell to kernelweight) established in the order yields a 2016-17 price range estimate of $3.60 to $4.13 per kernelweight pound of assessable walnuts. To calculate the percentage of grower revenue represented by the assessment rate, the assessment rate of $0.0465 per kernelweight pound is divided by the low and high estimates of the price range. The estimated assessment revenue for the 2016-17 marketing year as a percentage of total grower revenue will thus likely range between 1.13 and 1.29 percent. This action increases the assessment obligation imposed on handlers. While assessments impose some additional costs on handlers, the costs are minimal and uniform on all handlers. However, these costs are offset by the benefits derived by the operation of the marketing order. In addition, the Board's meeting was widely publicized throughout the California walnut industry, and all interested persons were invited to attend the meeting and encouraged to participate in Board deliberations on all issues. Like all Board meetings, the June 9, 2016, meeting was a public meeting, and all entities, both large and small, were free to express views on this issue. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the order's information collection requirements have been previously approved by the Office of Management and Budget (OMB) and assigned OMB No. 0581-0178 (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 rule imposes no additional reporting or recordkeeping requirements on either small or large California walnut handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this action. AMS is committed to complying with the E-Government Act, to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. A proposed rule concerning this action was published in the Federal Register on September 16, 2016 (FR 81 63718). Copies of the rule were provided to all walnut handlers, as well as to Board members. Finally, the proposal was made available through the internet by USDA and the Office of the Federal Register. A 30-day comment period, ending October 17, 2016, was provided for interested persons to respond to the proposal. Two comments were received: one supportive of the increase and the other questioning the impact of the rule on small businesses. The commenter who questioned the increase noted that the budget for the 2016-17 marketing year contained not only funds to continue the expanded marketing programs but also to fund additional staff members hired to work alongside existing staff who are preparing to retire. The Board's goal is for the newly hired staff members to learn from the retiring employees so that minimal staff expertise is lost. While the commenter did not object to the practice, the commenter questioned why small California walnut handlers, who comprise the majority of walnut [[Page 91646]] handlers, have to bear the burden of the increased assessment rate. As previously noted, assessments are minimal and uniform on all handlers. Thus, small handlers bear a proportional burden compared to larger handlers. The increase was recommended unanimously by the Board, which is made up of small and large handlers, as well as small and large growers, representing the entire California walnut industry. The Board made the unanimous recommendation based upon deliberations by four of its standing committees: the Market Development Committee, Production Research Committee, Grades and Standards Committee, and Budget and Personnel Committee. All four committees reviewed the proposed expenses and crop size, and considered alternative assessment rates. All of the committees recommended the increased assessment rate and determined that the budget was prudent, resulting in a unanimous recommendation from the Board. Accordingly, no changes will be made to the rule as proposed, based on the comments received. 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 Board and other available information, it is hereby found that this rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act. Pursuant to 5 U.S.C. 553, it is also found and determined that good cause exists for not postponing the effective date of this rule until 30 days after publication in the Federal Register because handlers are already receiving 2016-17 crop walnuts from growers, the crop year began on September 1, 2016, and the assessment rate applies to all walnuts received during the 2016-17 and subsequent seasons. Further, handlers are aware of this rule, which was recommended at a public meeting. Also, a 30-day comment period was provided for in the proposed rule. List of Subjects in 7 CFR Part 984 Marketing agreements, Nuts, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 984 is amended as follows: PART 984--WALNUTS GROWN IN CALIFORNIA 0 1. The authority citation for 7 CFR part 984 continues to read as follows: Authority: 7 U.S.C. 601-674. 0 2. Section 984.347 is revised to read as follows: Sec. 984.347 Assessment rate. On and after September 1, 2016, an assessment rate of $0.0465 per kernelweight pound is established for California merchantable walnuts. Dated: December 12, 2016. Bruce Summers, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2016-30307 Filed 12-16-16; 8:45 am] BILLING CODE 3410-02-P
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Rules and Regulations Federal Register
Vol. 81, No. 243
Monday, December 19, 2016
This section of the FEDERAL REGISTER AMS, USDA, 1400 Independence and collect assessments from handlers
contains regulatory documents having general Avenue SW., STOP 0237, Washington, to administer the program. All members
applicability and legal effect, most of which DC 20250–0237; Telephone: (202) 720– of the Board, but one, are growers and
are keyed to and codified in the Code of 2491, Fax: (202)720–8938, or Email: handlers of California walnuts. They are
Federal Regulations, which is published under Richard.Lower@ams.usda.gov. familiar with the Board’s needs and
50 titles pursuant to 44 U.S.C. 1510.
SUPPLEMENTARY INFORMATION: This rule with the costs for goods and services in
The Code of Federal Regulations is sold by is issued under Marketing Order No. their local area and are thus in a
the Superintendent of Documents. Prices of 984, as amended (7 CFR part 984), position to formulate an appropriate
new books are listed in the first FEDERAL regulating the handling of walnuts budget and assessment rate. The
REGISTER issue of each week. grown in California, hereinafter referred assessment rate is formulated and
to as the ‘‘order.’’ The order is effective discussed in a public meeting. Thus, all
under the Agricultural Marketing directly affected persons have an
DEPARTMENT OF AGRICULTURE Agreement Act of 1937, as amended (7 opportunity to participate and provide
U.S.C. 601–674), hereinafter referred to input.
Agricultural Marketing Service
as the ‘‘Act.’’ For the 2015–16 and subsequent
The Department of Agriculture marketing years, the Board
7 CFR Part 984
(USDA) is issuing this rule in recommended, and USDA approved, an
[Doc. No. AMS–SC–16–0062; SC16–984–2 conformance with Executive Orders assessment rate of $0.0379 per
FR] 12866, 13563, and 13175. kernelweight pound of assessable
This rule has been reviewed under walnuts that would continue in effect
Walnuts Grown in California; Increased Executive Order 12988, Civil Justice from year to year unless modified,
Assessment Rate Reform. Under the order now in effect, suspended, or terminated by USDA
AGENCY: Agricultural Marketing Service, California walnut handlers are subject to upon recommendation and information
USDA. assessments. Funds to administer the submitted by the Board or other
order are derived from such information available to USDA.
ACTION: Final rule.
assessments. It is intended that the
assessment rate as issued herein will be The Board met on June 9, 2016, and
SUMMARY: This rule implements a unanimously recommended 2016–17
recommendation from the California applicable to all assessable walnuts
beginning on September 1, 2016, and expenditures of $23,143,050 and an
Walnut Board (Board) to increase the assessment rate of $0.0465 per
assessment rate established for the continue until amended, suspended, or
terminated. kernelweight pound of assessable
2016–17 and subsequent marketing walnuts. In comparison, last year’s
years from $0.0379 to $0.0465 per The Act provides that administrative
proceedings must be exhausted before budgeted expenditures were
kernelweight pound of assessable $22,668,980. The assessment rate of
walnuts. The Board locally administers parties may file suit in court. Under
section 608c(15)(A) of the Act, any $0.0465 is $0.0086 per pound higher
the marketing order and is comprised of than the rate currently in effect. The
growers and handlers of walnuts handler subject to an order may file
with USDA a petition stating that the quantity of assessable walnuts for the
operating within the area of production. 2016–17 marketing year is estimated at
Assessments upon walnut handlers are order, any provision of the order, or any
obligation imposed in connection with 553,000 tons inshell or 497,700,000
used by the Board to fund reasonable kernelweight pounds, which is the
and necessary expenses of the program. the order is not in accordance with law
and request a modification of the order three-year average of walnut production.
The marketing year began on September At the recommended higher assessment
1 and ends August 31. The assessment or to be exempted therefrom. Such
handler is afforded the opportunity for rate of $0.0465 per kernelweight pound,
rate will remain in effect indefinitely the Board should collect approximately
unless modified, suspended, or a hearing on the petition. After the
hearing, USDA would rule on the $23,143,050 in assessment income,
terminated. making income and expenses equal. The
petition. The Act provides that the
DATES: Effective December 20, 2016. district court of the United States in any Board estimates it will begin the 2016–
FOR FURTHER INFORMATION CONTACT: district in which the handler is an 17 marketing year with $9,827,284 in its
Terry Vawter, Senior Marketing inhabitant, or has his or her principal monetary reserve, which is well within
Specialist, or Jeffrey Smutny, Regional place of business, has jurisdiction to the requirements of the order.
Director, California Marketing Field review USDA’s ruling on the petition, The Board noted that sales of
Office, Marketing Order and Agreement provided an action is filed not later than California walnuts in the domestic
Division, Specialty Crops Program, 20 days after the date of the entry of the market have been declining in recent
AMS, USDA; Telephone: (559) 487– ruling. years, and embarked upon an enhanced
5901, Fax: (559) 487–5906, or Email: This rule increases the assessment market development and promotion
srobinson on DSK5SPTVN1PROD with RULES
Terry.Vawter@ams.usda.gov or rate for the 2016–17 and subsequent program in the 2015–16 marketing year
Jeffrey.Smutny@ams.usda.gov. marketing years from $0.0379 to $0.0465 that was designed to reverse the trend.
Small businesses may request per kernelweight pound of assessable Noting that making such a commitment
information on complying with this walnuts. for a single year would likely not result
regulation by contacting Richard Lower, The order provides authority for the in long-term gains, they voted to
Marketing Order and Agreement Board, with the approval of USDA, to continue such market development and
Division, Specialty Crops Program, formulate an annual budget of expenses promotion programs. Thus, it is
VerDate Sep<11>2014 20:05 Dec 16, 2016 Jkt 241001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\19DER1.SGM 19DER1](https://thefederalregister.org/doc/81_FR_91886/page/1.svg)
![91646 Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Rules and Regulations
handlers, have to bear the burden of the For the reasons set forth in the FOR FURTHER INFORMATION CONTACT:
increased assessment rate. preamble, 7 CFR part 984 is amended as Suzanne Shepherd, U.S. Customs and
As previously noted, assessments are follows: Border Protection Office of Field
minimal and uniform on all handlers. Operations by telephone (202) 344–2073
Thus, small handlers bear a PART 984—WALNUTS GROWN IN or by email, Suzanne.M.Shepherd@
proportional burden compared to larger CALIFORNIA dhs.gov.
handlers. The increase was SUPPLEMENTARY INFORMATION:
recommended unanimously by the ■ 1. The authority citation for 7 CFR
Board, which is made up of small and part 984 continues to read as follows: Abbreviations and Terms Used in This
large handlers, as well as small and Authority: 7 U.S.C. 601–674. Document
large growers, representing the entire ■ 2. Section 984.347 is revised to read ACI–A Airports Council International-
California walnut industry. The Board as follows: North America
made the unanimous recommendation ACIP American Council on International
based upon deliberations by four of its § 984.347 Assessment rate. Personnel
standing committees: the Market On and after September 1, 2016, an ADIS Arrival and Departure Information
assessment rate of $0.0465 per System
Development Committee, Production
kernelweight pound is established for AILA American Immigration Lawyers
Research Committee, Grades and Association
Standards Committee, and Budget and California merchantable walnuts. APA Administrative Procedure Act
Personnel Committee. All four Dated: December 12, 2016. APIS Advance Passenger Information
committees reviewed the proposed Bruce Summers, Systems
expenses and crop size, and considered Associate Administrator, Agricultural
CBP U.S. Customs and Border Protection
alternative assessment rates. All of the CBSA Canadian Border Services Agency
Marketing Service.
committees recommended the increased CCD Consular Consolidated Database
[FR Doc. 2016–30307 Filed 12–16–16; 8:45 am] CFR Code of Federal Regulations
assessment rate and determined that the
BILLING CODE 3410–02–P DHS Department of Homeland Security
budget was prudent, resulting in a DIS Deferred Inspection Site
unanimous recommendation from the DMV Departments of Motor Vehicles
Board. DOS Department of State
Accordingly, no changes will be made DEPARTMENT OF HOMELAND DOT Department of Transportation
to the rule as proposed, based on the SECURITY ESTA Electronic System of Travel
comments received. Authorization
8 CFR PARTS 1, 210, 212, 214, 215, FAQ Frequently Asked Question
A small business guide on complying 231, 235, 245, 245a, 247, 253, 264, 274a, FNU First Name Unknown
with fruit, vegetable, and specialty crop and 286 FOIA Freedom of Information Act
marketing agreements and orders may ICAO International Civil Aviation
be viewed at: http://www.ams.usda.gov/ [Docket No. USCBP–2013–0011; CBP Dec. Organization
rules-regulations/moa/small-businesses. No. 16–27] ICE U.S. Immigration and Customs
Any questions about the compliance Enforcement
RIN 1651–AA96
guide should be sent to Richard Lower IFR Interim Final Rule
at the previously mentioned address in INA Immigration and Nationality Act
Definition of Form I–94 To Include INM Instituto Nacional de Migración
the FOR FURTHER INFORMATION CONTACT Electronic Format
section. INS Immigration and Naturalization Service
AGENCY: U.S. Customs and Border LNU Last Name Unknown
After consideration of all relevant MRZ Machine Readable Zone
material presented, including the Protection, DHS. NAFSA NAFSA: Association of
information and recommendation ACTION: Final rule. International Educators
submitted by the Board and other OIS Office of Immigration Statistics
available information, it is hereby found SUMMARY: This final rule adopts, OMB Office of Management and Budget
that this rule, as hereinafter set forth, without change, interim amendments to OTTI Office of Travel and Tourism
will tend to effectuate the declared the Department of Homeland Security Industries
policy of the Act. (DHS) regulations which were PIA Privacy Impact Assessment
published in the Federal Register on PII Personally Identifiable Information
Pursuant to 5 U.S.C. 553, it is also POE Port of Entry
found and determined that good cause March 27, 2013, as CBP Dec. No. 13–06.
SAVE USCIS’s Systematic Alien
exists for not postponing the effective These amendments enabled DHS to
Verification for Entitlements program
date of this rule until 30 days after transition the issuance of the Form I–94 SEVIS Student and Exchange Visitor
publication in the Federal Register (Arrival/Departure Record) to an Information System
because handlers are already receiving automated process. In the automated SEVP Student and Exchange Visitor
2016–17 crop walnuts from growers, the process, DHS creates a Form I–94 in an Information Program
crop year began on September 1, 2016, electronic format based on passenger, SHRM Society for Human Resource
and the assessment rate applies to all passport and visa information DHS Management
obtains electronically from air and sea SSA Social Security Administration
walnuts received during the 2016–17 USCIS U.S. Citizenship and Immigration
and subsequent seasons. Further, carriers and the Department of State
Services
handlers are aware of this rule, which (DOS) as well as through the inspection
USDA U.S. Department of Agriculture
was recommended at a public meeting. process. This document addresses the VWP Visa Waiver Program
srobinson on DSK5SPTVN1PROD with RULES
Also, a 30-day comment period was comments received in response to the
provided for in the proposed rule. interim rule and discusses some Executive Summary
operational modifications to the Form I– The Form I–94 (Arrival/Departure
List of Subjects in 7 CFR Part 984 94 process that were implemented after Record) is issued by DHS to certain
Marketing agreements, Nuts, publication of the interim rule. nonimmigrant foreign nationals upon
Reporting and recordkeeping DATES: This final rule is effective arrival in the United States or when
requirements. January 18, 2017. they change status in the United States.
VerDate Sep<11>2014 20:05 Dec 16, 2016 Jkt 241001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\19DER1.SGM 19DER1](https://thefederalregister.org/doc/81_FR_91886/page/4.svg)
Document Created: 2016-12-17 03:15:34
Document Modified: 2016-12-17 03:15:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective December 20, 2016. | |
| Contact | Terry Vawter, Senior 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 Citation | 81 FR 91643 | |
| CFR Associated | Marketing Agreements; Nuts and Reporting and Recordkeeping Requirements |
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