81 FR 92557 - Cherries Grown in Designated Counties in Washington; Increased Assessment Rate
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 81, Issue 244 (December 20, 2016)
Agricultural Marketing Service
Federal Register Volume 81, Issue 244 (December 20, 2016)
| Page Range | 92557-92559 | |
| FR Document | 2016-30302 |
[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)] [Rules and Regulations] [Pages 92557-92559] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30302] [[Page 92557]] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 923 [Doc. No. AMS-SC-16-0077; SC16-923-1 FR] Cherries Grown in Designated Counties in Washington; Increased Assessment Rate AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule implements a recommendation from the Washington Cherry Marketing Committee (Committee) to increase the assessment rate established for the 2016-2017 and subsequent fiscal periods from $0.15 to $0.25 per ton of Washington cherries handled. The Committee locally administers the marketing order and is comprised of growers and handlers of cherries operating within the production area. Assessments upon cherry handlers are used by the Committee to fund reasonable and necessary expenses of the marketing order. The fiscal period begins April 1 and ends March 31. The assessment rate will remain in effect indefinitely unless modified, suspended or terminated. DATES: Effective December 21, 2016. FOR FURTHER INFORMATION CONTACT: Teresa Hutchinson or Gary D. Olson, Northwest Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (503) 326- 2724, Fax: (503) 326-7440, or Email: [email protected] or [email protected]. Small businesses may 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. 923, as amended (7 CFR part 923), regulating the handling of cherries grown in designated counties in Washington, hereinafter referred to as the ``order.'' The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601- 674), hereinafter referred to as the ``Act.'' The Department of Agriculture (USDA) is issuing this rule in conformance with Executive Orders 12866, 13563, and 13175. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the order now in effect, Washington cherry 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 Washington cherries beginning April 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 2016-2017 and subsequent fiscal periods from $0.15 to $0.25 per ton of Washington cherries handled. The 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 growers and handlers of Washington cherries. 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 2013-2014 and subsequent fiscal periods, the Committee recommended, and the USDA approved, an assessment rate of $0.15 per ton of Washington cherries that would continue in effect from fiscal period to fiscal period 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 May 18, 2016, and unanimously recommended expenditures of $57,150 for the 2016-2017 fiscal period. In comparison, the previous fiscal period's budgeted expenditures were $59,750. The Committee also unanimously recommended an assessment rate of $0.25 per ton of Washington cherries. The recommended assessment rate of $0.25 is $0.10 higher than the rate currently in effect. The expenditures recommended by the Committee for the 2016-2017 fiscal period include $25,000 for the management fee; $7,000 for compliance; $5,000 for the data management fee; $5,000 for accounting administration; $5,000 for research; $4,000 for Committee travel; $3,000 for an audit; and $3,150 for other miscellaneous expenses. In comparison, expenditures for the 2015-2016 fiscal period were $25,000 for the management fee; $7,000 for compliance; $5,000 for the data management fee; $7,000 for accounting administration; $5,000 for research; $4,000 for Committee travel; $4,000 for an audit; and $2,750 for other miscellaneous expenses. Committee members estimated the 2016 fresh cherry production to be approximately 150,000 tons, which would be less than the 2015 production of 165,358 tons by 15,358 tons. However, cherry production tends to fluctuate due to the effects of weather, pollination, and tree health. The Committee's recommended assessment rate was derived by dividing the 2016-2017 anticipated expenses by the expected shipments of Washington cherries, while also taking into account the Committee's monetary reserve. The recommended assessment rate of $0.25 per ton, when multiplied by the 150,000 tons of estimated 2016 Washington cherry shipments, is expected to generate $37,500 in handler assessments. The projected revenue from handler assessments, together with funds from the Committee's monetary reserve, should be adequate to cover the 2016- 2017 budgeted expenses of $57,150. The Committee expects its monetary reserve to decrease from $49,661 at the beginning of the 2016-2017 fiscal period to approximately $30,011 at the end of the 2016-2017 fiscal period. That amount will be within the provisions of the order and will provide the Committee with greater ability to absorb fluctuations in assessment income and expenses into the future. The assessment rate established in this rule will continue in effect indefinitely unless modified, suspended, or terminated by USDA [[Page 92558]] upon recommendation and information submitted by the Committee or other available information. Although this assessment rate will be in effect for an indefinite period, the Committee will continue to meet prior to or during each fiscal period 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 and 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 2016-2017 budget and those for subsequent fiscal periods will 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 53 handlers of Washington sweet cherries subject to regulation under the order and approximately 1,500 growers in the regulated production area. Small agricultural service firms are defined by the Small Business Administration (13 CFR 121.201) as those having annual receipts of less than $7,500,000, and small agricultural growers are defined as those having annual receipts of less than $750,000. National Agricultural Statistics Service has prepared a preliminary report for the 2015 shipping season showing that prices for the 171,600 tons of sweet cherries that entered the fresh market averaged $2,380 per ton. Based on the number of growers in the production area (1,500), the average grower revenue from the sale of sweet cherries in 2015 can therefore be estimated at approximately $272,272 per year. In addition, the Committee reports that most of the industry's 53 handlers reported gross receipts of less than $7,500,000 from the sale of fresh sweet cherries last fiscal period. Thus, the majority of growers and handlers of Washington sweet cherries may be classified as small entities. This action increases the assessment rate established for the Committee and collected from handlers for the 2016-2017 and subsequent fiscal periods from $0.15 to $0.25 per ton of Washington cherries handled. The Committee unanimously recommended 2016-2017 expenditures of $57,150 and an assessment rate of $0.25 per ton. The assessment rate of $0.25 is $0.10 higher than the rate established for the 2013-2014 fiscal period. The 2016-2017 Washington cherry crop is estimated at 150,000 tons. At the $0.25 per ton assessment rate, the Committee anticipates that assessment income of approximately $37,500, along with reserve funds, should be adequate to cover budgeted expenses for the 2016-2017 fiscal period. With the increased assessment rate and budgeted expense level, the Committee anticipates that $19,650 will need to be deducted from the monetary reserve. As such, reserve funds are estimated to be at $30,011 on March 31, 2017. That reserve level is within the maximum permitted by the order of approximately one fiscal period's operational expenses (Sec. 923.42(a)(2)). The expenditures recommended by the Committee for the 2016-2017 fiscal period include $25,000 for the management fee; $7,000 for compliance; $5,000 for the data management fee; $5,000 for accounting administration; $5,000 for research; $4,000 for Committee travel; $3,000 for the audit; and $3,150 for other miscellaneous expenses. In comparison, expenditures for the 2015-2016 fiscal period were $25,000 for the management fee; $7,000 for compliance; $5,000 for the data management fee; $7,000 for accounting administration; $5,000 for research; $4,000 for Committee travel; $4,000 for the audit; and $2,750 for other miscellaneous expenses. The Committee discussed alternatives to this action, including recommending alternative expenditure levels and assessment rates. Although lower assessment rates were considered, none were selected because they would not have generated sufficient income to administer the order. A review of historical data and preliminary information pertaining to the upcoming fiscal period indicates that the grower price for the 2016-2017 fiscal period could average $2,380 per ton of sweet cherries. Therefore, the estimated assessment revenue for the 2016-2017 fiscal period, as a percentage of total grower revenue, is approximately 0.01 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. Some of the additional costs may be passed on to growers. However, these costs are offset by the benefits derived by the operation of the order. In addition, the Committee's meeting was widely publicized throughout the Washington cherry industry and all interested persons were invited to attend the meeting and participate in Committee deliberations on all issues. Like all Committee meetings, the May 18, 2016, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the order's information collection requirements have been previously approved by the Office of Management and Budget (OMB) and assigned OMB No. 0581-0189 (Marketing Orders for Fruit Crops). No changes in those requirements are necessary as a result of this action. Should any changes become necessary, they would be submitted to OMB for approval. This rule imposes no additional reporting or recordkeeping requirements on either small or large Washington cherry 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. As noted in the initial regulatory flexibility analysis, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this final rule. 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 21, 2016 (81 FR 64785). Copies of the proposed rule were also emailed to all commodity handlers. Finally, the proposal was made available through the Internet by USDA and the Office of the Federal Register. A 15-day comment period ending October 6, 2016, was provided [[Page 92559]] for interested persons to respond to the proposal. One comment was received during the comment period in response to the proposal. The commenter was concerned about the impact that the increased assessment rate would have on growers. The commenter also questioned why the assessment is only applied to certain counties in Washington, and not others. In addition, the commenter stated that the opinions of sweet cherry growers and handlers should be taken into consideration when establishing assessment rates, and that there should be flexibility during the transitional period when a new assessment rate is implemented. Lastly, the commenter offered recommendations with regards to the assessment rate establishment process and took exception to the indefinite period that assessment rates are in effect. Under the order, it is handlers that are assessed, not growers. As such, growers will not be directly impacted by this action. However, as mentioned previously in this rule, some of the additional costs to handlers as a result of this action may be passed on to growers. Nevertheless, USDA believes that such additional costs will be offset by the benefits derived by the operation of the order. Furthermore, the commenter's request for clarity with regards to why only certain counties are covered by this regulatory change is addressed in the order's provisions. Section 923.4 defines the order's production area as the counties of Okanogan, Chelan, Kittitas, Yakima, Klickitat in the State of Washington and all of the counties in Washington lying east thereof. Only handlers who handle cherries grown within the specific production area are subject to assessment. Lastly, the commenter's thoughts regarding the assessment rate establishment process and effective period have been previously addressed in this rule. The Committee meets prior to, or during, each fiscal period 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. Meetings are widely publicized throughout the Washington cherry industry and all interested persons are invited to attend the meetings and participate in Committee deliberations on all issues. In addition, interested persons are invited to submit comments on any proposed assessment rules. All comments are considered prior to finalization of a proposed rule. Once established, assessment rates remain in effect until modified by USDA upon the recommendation of the Committee. Accordingly, no changes will be made to the rule as proposed, based on the comment 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 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 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: (1) The 2016-2017 fiscal period began on April 1, 2016, and the order requires that the assessment rate for each fiscal period apply to all assessable Washington cherries handled during such fiscal period; (2) the Committee needs to have sufficient funds to pay its expenses, which are incurred on a continuous basis; (3) handlers have already shipped Washington cherries from the 2016 crop; and (4) 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. List of Subjects in 7 CFR Part 923 Cherries, Marketing agreements, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 923 is amended as follows: PART 923--CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON 0 1. The authority citation for 7 CFR part 923 continues to read as follows: Authority: 7 U.S.C. 601-674. 0 2. Section 923.236 is revised to read as follows: Sec. 923.236 Assessment rate. On and after April 1, 2016, an assessment rate of $0.25 per ton is established for the Washington Cherry Marketing Committee. Dated: December 12, 2016. Bruce Summers, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2016-30302 Filed 12-19-16; 8:45 am] BILLING CODE 3410-02-P
![Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Rules and Regulations 92557
DEPARTMENT OF AGRICULTURE conformance with Executive Orders The Committee met on May 18, 2016,
12866, 13563, and 13175. and unanimously recommended
Agricultural Marketing Service This rule has been reviewed under expenditures of $57,150 for the 2016–
Executive Order 12988, Civil Justice 2017 fiscal period. In comparison, the
7 CFR Part 923 Reform. Under the order now in effect, previous fiscal period’s budgeted
Washington cherry handlers are subject expenditures were $59,750. The
[Doc. No. AMS–SC–16–0077; SC16–923–1
FR]
to assessments. Funds to administer the Committee also unanimously
order are derived from such recommended an assessment rate of
Cherries Grown in Designated assessments. It is intended that the $0.25 per ton of Washington cherries.
Counties in Washington; Increased assessment rate, as issued herein, will The recommended assessment rate of
Assessment Rate be applicable to all assessable $0.25 is $0.10 higher than the rate
Washington cherries beginning April 1, currently in effect.
AGENCY: Agricultural Marketing Service, 2016, and continue until amended, The expenditures recommended by
USDA. suspended, or terminated. the Committee for the 2016–2017 fiscal
ACTION: Final rule. The Act provides that administrative period include $25,000 for the
proceedings must be exhausted before management fee; $7,000 for compliance;
SUMMARY: This rule implements a parties may file suit in court. Under $5,000 for the data management fee;
recommendation from the Washington section 608c(15)(A) of the Act, any $5,000 for accounting administration;
Cherry Marketing Committee handler subject to an order may file $5,000 for research; $4,000 for
(Committee) to increase the assessment with USDA a petition stating that the Committee travel; $3,000 for an audit;
rate established for the 2016–2017 and order, any provision of the order, or any and $3,150 for other miscellaneous
subsequent fiscal periods from $0.15 to obligation imposed in connection with expenses. In comparison, expenditures
$0.25 per ton of Washington cherries the order is not in accordance with law for the 2015–2016 fiscal period were
handled. The Committee locally and request a modification of the order $25,000 for the management fee; $7,000
administers the marketing order and is or to be exempted therefrom. Such for compliance; $5,000 for the data
comprised of growers and handlers of handler is afforded the opportunity for management fee; $7,000 for accounting
cherries operating within the a hearing on the petition. After the administration; $5,000 for research;
production area. Assessments upon hearing, USDA would rule on the $4,000 for Committee travel; $4,000 for
cherry handlers are used by the petition. The Act provides that the an audit; and $2,750 for other
Committee to fund reasonable and district court of the United States in any miscellaneous expenses.
necessary expenses of the marketing district in which the handler is an Committee members estimated the
order. The fiscal period begins April 1 inhabitant, or has his or her principal 2016 fresh cherry production to be
and ends March 31. The assessment rate place of business, has jurisdiction to approximately 150,000 tons, which
will remain in effect indefinitely unless review USDA’s ruling on the petition, would be less than the 2015 production
modified, suspended or terminated. provided an action is filed not later than of 165,358 tons by 15,358 tons.
DATES: Effective December 21, 2016. 20 days after the date of the entry of the However, cherry production tends to
ruling. fluctuate due to the effects of weather,
FOR FURTHER INFORMATION CONTACT:
This rule increases the assessment pollination, and tree health. The
Teresa Hutchinson or Gary D. Olson, rate for the 2016–2017 and subsequent Committee’s recommended assessment
Northwest Marketing Field Office, fiscal periods from $0.15 to $0.25 per rate was derived by dividing the 2016–
Marketing Order and Agreement ton of Washington cherries handled. 2017 anticipated expenses by the
Division, Specialty Crops Program, The order provides authority for the expected shipments of Washington
AMS, USDA; Telephone: (503) 326– Committee, with the approval of USDA, cherries, while also taking into account
2724, Fax: (503) 326–7440, or Email: to formulate an annual budget of the Committee’s monetary reserve. The
Teresa.Hutchinson@ams.usda.gov or expenses and collect assessments from recommended assessment rate of $0.25
GaryD.Olson@ams.usda.gov. handlers to administer the program. The per ton, when multiplied by the 150,000
Small businesses may request members of the Committee are growers tons of estimated 2016 Washington
information on complying with this and handlers of Washington cherries. cherry shipments, is expected to
regulation by contacting Richard Lower, They are familiar with the Committee’s generate $37,500 in handler
Marketing Order and Agreement needs, and with the costs for goods and assessments. The projected revenue
Division, Specialty Crops Program, services in their local area, and are thus from handler assessments, together with
AMS, USDA, 1400 Independence in a position to formulate an appropriate funds from the Committee’s monetary
Avenue SW., STOP 0237, Washington, budget and assessment rate. The reserve, should be adequate to cover the
DC 20250–0237; Telephone: (202) 720– assessment rate is formulated and 2016–2017 budgeted expenses of
2491, Fax: (202) 720–8938, or Email: discussed in a public meeting. Thus, all $57,150. The Committee expects its
Richard.Lower@ams.usda.gov. directly affected persons have an monetary reserve to decrease from
SUPPLEMENTARY INFORMATION: This rule opportunity to participate and provide $49,661 at the beginning of the 2016–
is issued under Marketing Order No. input. 2017 fiscal period to approximately
923, as amended (7 CFR part 923), For the 2013–2014 and subsequent $30,011 at the end of the 2016–2017
regulating the handling of cherries fiscal periods, the Committee fiscal period. That amount will be
grown in designated counties in recommended, and the USDA approved, within the provisions of the order and
Washington, hereinafter referred to as an assessment rate of $0.15 per ton of will provide the Committee with greater
mstockstill on DSK3G9T082PROD with RULES
the ‘‘order.’’ The order is effective under Washington cherries that would ability to absorb fluctuations in
the Agricultural Marketing Agreement continue in effect from fiscal period to assessment income and expenses into
Act of 1937, as amended (7 U.S.C. 601– fiscal period unless modified, the future.
674), hereinafter referred to as the suspended, or terminated by USDA The assessment rate established in
‘‘Act.’’ upon recommendation and information this rule will continue in effect
The Department of Agriculture submitted by the Committee or other indefinitely unless modified,
(USDA) is issuing this rule in information available to USDA. suspended, or terminated by USDA
VerDate Sep<11>2014 19:50 Dec 19, 2016 Jkt 241001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\20DER1.SGM 20DER1](https://thefederalregister.org/doc/81_FR_92801/page/1.svg)
![Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Rules and Regulations 92559
for interested persons to respond to the on any proposed assessment rules. All § 923.236 Assessment rate.
proposal. comments are considered prior to On and after April 1, 2016, an
One comment was received during finalization of a proposed rule. Once assessment rate of $0.25 per ton is
the comment period in response to the established, assessment rates remain in established for the Washington Cherry
proposal. The commenter was effect until modified by USDA upon the Marketing Committee.
concerned about the impact that the recommendation of the Committee. Dated: December 12, 2016.
increased assessment rate would have Accordingly, no changes will be made
on growers. The commenter also Bruce Summers,
to the rule as proposed, based on the Associate Administrator, Agricultural
questioned why the assessment is only comment received.
applied to certain counties in Marketing Service.
Washington, and not others. In addition, A small business guide on complying [FR Doc. 2016–30302 Filed 12–19–16; 8:45 am]
the commenter stated that the opinions with fruit, vegetable, and specialty crop BILLING CODE 3410–02–P
of sweet cherry growers and handlers marketing agreements and orders may
should be taken into consideration be viewed at: http://www.ams.usda.gov/
when establishing assessment rates, and rules-regulations/moa/small-businesses. DEPARTMENT OF AGRICULTURE
that there should be flexibility during Any questions about the compliance
guide should be sent to Richard Lower Agricultural Marketing Service
the transitional period when a new
assessment rate is implemented. Lastly, at the previously mentioned address in
the FOR FURTHER INFORMATION CONTACT 7 CFR Part 981
the commenter offered
recommendations with regards to the section. [Doc. No. AMS–SC–16–0045; SC16–981–2
assessment rate establishment process After consideration of all relevant FR]
and took exception to the indefinite material presented, including the
period that assessment rates are in information and recommendation Almonds Grown in California;
effect. submitted by the Committee and other Increased Assessment Rate
Under the order, it is handlers that are available information, it is hereby found AGENCY: Agricultural Marketing Service,
assessed, not growers. As such, growers that this rule, as hereinafter set forth, USDA.
will not be directly impacted by this will tend to effectuate the declared ACTION: Final rule.
action. However, as mentioned policy of the Act.
previously in this rule, some of the Pursuant to 5 U.S.C. 553, it also found SUMMARY: This rule implements a
additional costs to handlers as a result and determined that good cause exists recommendation from the Almond
of this action may be passed on to for not postponing the effective date of Board of California (Board) for an
growers. Nevertheless, USDA believes this rule until 30 days after publication increase of the assessment rate
that such additional costs will be offset established for the 2016–17 through the
in the Federal Register because: (1) The
by the benefits derived by the operation 2018–19 crop years from $0.03 to $0.04
2016–2017 fiscal period began on April
of the order. per pound of almonds handled under
Furthermore, the commenter’s request 1, 2016, and the order requires that the
assessment rate for each fiscal period the marketing order (order). Of the $0.04
for clarity with regards to why only per pound assessment, 60 percent (or
certain counties are covered by this apply to all assessable Washington
cherries handled during such fiscal $0.024 per pound) is available as credit-
regulatory change is addressed in the back for handlers who conduct their
order’s provisions. Section 923.4 defines period; (2) the Committee needs to have
sufficient funds to pay its expenses, own promotional activities. The
the order’s production area as the
which are incurred on a continuous assessment rate will return to $0.03 for
counties of Okanogan, Chelan, Kittitas,
basis; (3) handlers have already shipped the 2019–20 and subsequent crop years,
Yakima, Klickitat in the State of
Washington cherries from the 2016 and the amount available for handler
Washington and all of the counties in
crop; and (4) handlers are aware of this credit-back will return to $0.018 per
Washington lying east thereof. Only
action, which was unanimously pound (60 percent). The Board locally
handlers who handle cherries grown
recommended by the Committee at a administers the order and is comprised
within the specific production area are
public meeting and is similar to other of growers and handlers of almonds
subject to assessment.
Lastly, the commenter’s thoughts assessment rate actions issued in past grown in California. Assessments upon
regarding the assessment rate years. almond handlers are used by the Board
establishment process and effective to fund reasonable and necessary
List of Subjects in 7 CFR Part 923 expenses of the program. The crop year
period have been previously addressed
in this rule. The Committee meets prior Cherries, Marketing agreements, began on August 1 and ends on July 31.
to, or during, each fiscal period to Reporting and recordkeeping The $0.04 assessment rate will remain
recommend a budget of expenses and requirements. in effect until July 31, 2019. Beginning
consider recommendations for August 1, 2019, the assessment rate will
For the reasons set forth in the return to $0.03 and will remain in effect
modification of the assessment rate. The preamble, 7 CFR part 923 is amended as
dates and times of Committee meetings indefinitely unless modified,
follows: suspended, or terminated. Two
are available from the Committee or
USDA. Committee meetings are open to comments period were provided to
PART 923—CHERRIES GROWN IN
the public and interested persons may interested individuals. Comments will
DESIGNATED COUNTIES IN
express their views at these meetings. be addressed later in this document.
WASHINGTON
mstockstill on DSK3G9T082PROD with RULES
Meetings are widely publicized DATES: Effective December 21, 2016.
throughout the Washington cherry ■ 1. The authority citation for 7 CFR FOR FURTHER INFORMATION CONTACT:
industry and all interested persons are part 923 continues to read as follows: Marketing Specialist Andrea Ricci, or
invited to attend the meetings and Regional Director Jeffrey Smutny,
Authority: 7 U.S.C. 601–674.
participate in Committee deliberations California Marketing Field Office,
on all issues. In addition, interested ■ 2. Section 923.236 is revised to read Marketing Order and Agreement
persons are invited to submit comments as follows: Division, Specialty Crops Program,
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Document Created: 2018-02-14 09:10:02
Document Modified: 2018-02-14 09:10:02
| 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 21, 2016. | |
| Contact | Teresa Hutchinson or Gary D. Olson, Northwest Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (503) 326- 2724, Fax: (503) 326-7440, or Email: [email protected] or [email protected] | |
| FR Citation | 81 FR 92557 | |
| CFR Associated | Cherries; Marketing Agreements and Reporting and Recordkeeping Requirements |
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