81_FR_92808 81 FR 92564 - Domestic Dates Produced or Packed in Riverside County, California; Decreased Assessment Rate

81 FR 92564 - Domestic Dates Produced or Packed in Riverside County, California; Decreased Assessment Rate

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 81, Issue 244 (December 20, 2016)

Page Range92564-92566
FR Document2016-30303

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim rule that implemented a recommendation from the California Date Administrative Committee (committee) to decrease the assessment rate established for the committee for the 2016-17 and subsequent crop years from $0.10 to $0.05 per hundredweight of dates handled under the marketing order (order). The committee locally administers the order and is comprised of producers and handlers of dates operating within the area of production. The interim rule was necessary to allow the committee to reduce its financial reserve while still providing adequate funding to meet program expenses.

Federal Register, Volume 81 Issue 244 (Tuesday, December 20, 2016)
[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Rules and Regulations]
[Pages 92564-92566]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30303]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 987

[Doc. No. AMS-SC-16-0084; SC16-987-1 FIR]


Domestic Dates Produced or Packed in Riverside County, 
California; Decreased Assessment Rate

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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

SUMMARY: The Department of Agriculture (USDA) is adopting, as a final 
rule, without change, an interim rule that implemented a recommendation 
from the California Date Administrative Committee (committee) to 
decrease the assessment rate established for the committee for the 
2016-17 and subsequent crop years from $0.10 to $0.05 per hundredweight 
of dates handled under the marketing order (order). The committee 
locally administers the order and is comprised of producers and 
handlers of dates operating within the area of production. The interim 
rule was necessary to allow the committee to reduce its financial 
reserve while still providing adequate funding to meet program 
expenses.

DATES: Effective December 21, 2016.

FOR FURTHER INFORMATION CONTACT: Terry Vawter, Senior Marketing 
Specialist 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 obtain information on complying with this 
regulation by viewing a guide at the following Web site: http://www.ams.usda.gov/rules-regulations/moa/small-businesses; or by 
contacting Richard Lower, Marketing Order and Agreement Division, 
Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., STOP 
0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: (202) 
720-8938, or Email: [email protected].

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing 
Agreement and Order No. 987, both as amended (7 CFR part 987), 
regulating the handling of domestic dates produced or packed in 
Riverside County, California, hereinafter referred to as the ``order.'' 
The order is

[[Page 92565]]

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.
    Under the order, California date handlers are subject to 
assessments, which provide funds to administer the order. Assessment 
rates issued under the order are intended to be applicable to all 
assessable domestic dates produced or packed in Riverside County, 
California, for the entire crop year and continue indefinitely until 
amended, suspended, or terminated. The committee's crop year began 
October 1, 2016, and ends on September 30, 2017.
    In an interim rule published in the Federal Register on September 
21, 2016, and effective on September 22, 2016, (81 FR 64759, Doc. No. 
AMS-SC-16-0084, SC16-987-1 IR), Sec.  997.339 was amended by decreasing 
the assessment rate established for California dates for the 2016-17 
and subsequent crop years from $0.10 to $0.05 per hundredweight. The 
decrease in the per hundredweight assessment rate allows the committee 
to reduce its financial reserve while still providing adequate funding 
to meet program expenses.

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 70 date producers in the production area, 
and 11 date handlers subject to regulation under the order. The Small 
Business Administration (SBA) defines small agricultural producers as 
those having annual receipts of less than $750,000 and small 
agricultural service firms as those whose annual receipts are less than 
$7,500,000 (13 CFR 121.201).
    According to the National Agricultural Statistics Service (NASS), 
data for the most recently completed crop year (2015) shows that about 
4.36 tons, or 8,720 pounds, of dates were produced per acre. The 2015 
producer price published by NASS was $1,560 per ton. Thus, the value of 
date production per acre in 2014-15 averaged about $6,802 (4.36 tons 
times $1,560 per ton, rounded to the nearest dollar). At that average 
price, a producer would have to farm over 110 acres to receive an 
annual income from dates of $750,000 ($750,000 divided by $6,802 per 
acre equals 110.26 acres). According to committee staff, the majority 
of California date producers farm less than 110 acres. Thus, it can be 
concluded that the majority of date producers could be considered small 
entities.
    In addition, according to data from the committee staff, the 
majority of California date handlers have receipts of less than 
$7,500,000 and may also be considered small entities under SBA's 
definition.
    This rule continues in effect the action that decreased the 
assessment rate established for the committee and collected from 
handlers for the 2016-17 and subsequent crop years from $0.10 to $0.05 
per hundredweight of dates. The committee unanimously recommended 2016-
17 expenditures of $52,500 and an assessment rate of $0.05 per 
hundredweight of dates. The assessment rate of $0.05 is $0.05 lower 
than the rate previously in effect. Applying the $0.05 per 
hundredweight assessment rate to the committee's 29,000,000 pounds 
(290,000 hundredweight) crop estimate should provide $14,500 in 
assessment income. Thus, income derived from handler assessments, along 
with interest income and funds from the committee's monetary reserve, 
will be adequate to cover the budgeted expenses. This action will allow 
the committee to reduce its financial reserve while still providing 
adequate funding to meet program expenses.
    This rule continues in effect the action that decreased the 
assessment obligation imposed on handlers. Assessments are applied 
uniformly on all handlers, and some of the costs may be passed on to 
producers. However, decreasing the assessment rate reduces the burden 
on handlers and may reduce the burden on producers.
    In addition, the committee's meeting was widely publicized 
throughout the California date industry, and all interested persons 
were invited to attend the meeting and encouraged to participate in 
committee deliberations on all issues. Like all committee meetings, the 
June 22, 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. 0581-0178, ``Vegetable and Specialty Crops Marketing 
Orders.'' No changes in those requirements as a result of this action 
are necessary. Should any changes become necessary, they would be 
submitted to OMB for approval.
    This action imposes no additional reporting or recordkeeping 
requirements on either small or large California date 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 rule.
    Comments on the interim rule were required to be received on or 
before November 21, 2016. No comments were received. Therefore, for 
reasons given in the interim rule, we are adopting the interim rule as 
a final rule, without change.
    To view the interim rule, go to: https://www.regulations.gov/document?D=AMS-SC-16-0084-0001.
    This action also affirms information contained in the interim rule 
concerning Executive Orders 12866, 12988, 13175, and 13563; the 
Paperwork Reduction Act (44 U.S.C. Chapter 35); and the E-Gov Act (44 
U.S.C. 101).
    After consideration of all relevant material presented, it is found 
that finalizing the interim rule, without change, as published in the 
Federal Register (81 FR 64759, September 21, 2016) will tend to 
effectuate the declared policy of the Act.

List of Subjects in 7 CFR Part 987

    Dates, Marketing agreements, Reporting and recordkeeping 
requirements.

PART 987--DOMESTIC DATES PRODUCED OR PACKED IN RIVERSIDE COUNTY, 
CALIFORNIA [AMENDED]

0
Accordingly, the interim rule amending 7 CFR part 987, which was 
published at 81 FR 64759 on September 21, 2016, is adopted as a final 
rule, without change.


[[Page 92566]]


    Dated: December 12, 2016.
Bruce Summers,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2016-30303 Filed 12-19-16; 8:45 am]
 BILLING CODE 3410-02-P



                                                92564            Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Rules and Regulations

                                                grower support for the order.                           Any questions about the compliance                    DEPARTMENT OF AGRICULTURE
                                                Furthermore, annual budget and                          guide should be sent to Richard Lower
                                                assessment rate recommendations are                     at the previously-mentioned address in                Agricultural Marketing Service
                                                among the many duties the Board,                        the FOR FURTHER INFORMATION CONTACT
                                                which is comprised of grower and                        section.                                              7 CFR Part 987
                                                handler members, is required to perform                    After consideration of all relevant                [Doc. No. AMS–SC–16–0084; SC16–987–1
                                                as authorized under the order.                          material presented, including the                     FIR]
                                                   One commenter raised concern that                    information and recommendation
                                                the additional funding will be used to                  submitted by the Board and other                      Domestic Dates Produced or Packed in
                                                increase the size and salaries of the                   available information, it is hereby found             Riverside County, California;
                                                organization, which will lead to the                    that this rule, as hereinafter set forth,             Decreased Assessment Rate
                                                continuation of increasing the                          will tend to effectuate the declared
                                                assessment rate year after year. Also, the                                                                    AGENCY:   Agricultural Marketing Service,
                                                                                                        policy of the Act.                                    USDA.
                                                commenter expressed concerns about
                                                transparency and availability of                           It is further found that good cause                ACTION: Affirmation of interim rule as
                                                financial information. The majority of                  exists for not postponing the effective               final rule.
                                                the funds generated by the increased                    date of this rule until 30 days after
                                                assessment are allotted to research                     publication in the Federal Register (5                SUMMARY:    The Department of
                                                programs and marketing and promotion                    U.S.C. 553) because the 2016–17 crop                  Agriculture (USDA) is adopting, as a
                                                activities. For the past several years,                 year began August 1, 2016, and the                    final rule, without change, an interim
                                                operating expenses have fluctuated                      marketing order requires that the rate of             rule that implemented a
                                                between 12 percent and 15 percent of                    assessment for each crop year apply to                recommendation from the California
                                                the total budget. In the recommended                    all assessable almonds handled during                 Date Administrative Committee
                                                budget for the 2016–17 crop year,                       such crop year. Further, handlers are                 (committee) to decrease the assessment
                                                operating expenses are approximately                    aware of this rule, which was                         rate established for the committee for
                                                12 percent of the total budget. In                      recommended at a public meeting. Also,                the 2016–17 and subsequent crop years
                                                addition, in its unanimous                              a 15-day comment period was provided                  from $0.10 to $0.05 per hundredweight
                                                recommendation, the Board stipulated                    for in the proposed rule, followed by an              of dates handled under the marketing
                                                that the increased assessment rate                      additional 30-day comment period.                     order (order). The committee locally
                                                continue only through the 2018–19 crop                  List of Subjects in 7 CFR Part 981                    administers the order and is comprised
                                                year. The assessment rate will revert to                                                                      of producers and handlers of dates
                                                the current $0.03 rate beginning August                   Almonds, Marketing agreements,                      operating within the area of production.
                                                1, 2019. All Board and Committee                        Nuts, Reporting and recordkeeping                     The interim rule was necessary to allow
                                                meetings are open to the public. On a                   requirements.                                         the committee to reduce its financial
                                                quarterly basis, the Board reviews and                    For the reasons set forth in the                    reserve while still providing adequate
                                                approves financial statements at its                    preamble, 7 CFR part 981 is amended as                funding to meet program expenses.
                                                public meetings. Those documents are                    follows:                                              DATES: Effective December 21, 2016.
                                                made available to the public, and                                                                             FOR FURTHER INFORMATION CONTACT:
                                                interested persons are encouraged to                    PART 981—ALMONDS GROWN IN                             Terry Vawter, Senior Marketing
                                                participate in all meetings.                            CALIFORNIA                                            Specialist Jeffrey Smutny, Regional
                                                   One commenter expressed concern                                                                            Director, California Marketing Field
                                                about the order’s credit-back program                   ■ 1. The authority citation for 7 CFR                 Office, Marketing Order and Agreement
                                                and that it is not advantageous to non-                 part 981 continues to read as follows:                Division, Specialty Crops Program,
                                                branded handlers. While credit-back is                                                                        AMS, USDA; Telephone: (559) 487–
                                                                                                            Authority: 7 U.S.C. 601–674.
                                                associated with the assessment rate, the                                                                      5901, Fax: (559) 487–5906, or Email:
                                                Board did not discuss the program as                    ■ 2. Section 981.343 is revised to read               Terry.Vawter@ams.usda.gov or
                                                part of this proposal. This rule does not               as follows:                                           Jeffrey.Smutny@ams.usda.gov.
                                                modify the percentage rate available for                                                                         Small businesses may obtain
                                                handler credit-back.                                    § 981.343    Assessment rate.
                                                                                                                                                              information on complying with this
                                                   One commenter raised concern that                      For the period August 1, 2016,                      regulation by viewing a guide at the
                                                the Nut of Choice and Crop of Choice                    through July 31, 2019, the assessment                 following Web site: http://
                                                programs appear to be an effort to                      rate shall be $0.04 per pound for                     www.ams.usda.gov/rules-regulations/
                                                improve the image of almonds at the                     California almonds. Of the $0.04                      moa/small-businesses; or by contacting
                                                expense of other California                             assessment rate, 60 percent per                       Richard Lower, Marketing Order and
                                                commodities. USDA has a strict policy                   assessable pound is available for                     Agreement Division, Specialty Crops
                                                against any marketing order boards,                     handler credit-back. On and after                     Program, AMS, USDA, 1400
                                                committees, or councils disparaging                     August 1, 2019, an assessment rate of                 Independence Avenue SW., STOP 0237,
                                                other commodities. USDA reviews all                     $0.03 per pound is established for                    Washington, DC 20250–0237;
                                                marketing and communication materials                   California almonds. Of the $0.03                      Telephone: (202) 720–2491, Fax: (202)
                                                prior to publication to ensure that                     assessment rate, 60 percent per                       720–8938, or Email: Richard.Lower@
                                                policy is being followed.                               assessable pound is available for                     ams.usda.gov.
                                                   Accordingly, no changes will be made                 handler credit-back.
mstockstill on DSK3G9T082PROD with RULES




                                                to the rule as proposed, based on the                                                                         SUPPLEMENTARY INFORMATION:       This rule
                                                comments received.                                        Dated: November 12, 2016.                           is issued under Marketing Agreement
                                                   A small business guide on complying                  Elanor Starmer,                                       and Order No. 987, both as amended (7
                                                with fruit, vegetable, and specialty crop               Administrator, Agricultural Marketing                 CFR part 987), regulating the handling
                                                marketing agreements and orders may                     Service.                                              of domestic dates produced or packed in
                                                be viewed at: http://www.ams.usda.gov/                  [FR Doc. 2016–30264 Filed 12–19–16; 8:45 am]          Riverside County, California, hereinafter
                                                rules-regulations/moa/small-businesses.                 BILLING CODE P                                        referred to as the ‘‘order.’’ The order is


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                                                                 Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Rules and Regulations                                      92565

                                                effective under the Agricultural                        crop year (2015) shows that about 4.36                   In accordance with the Paperwork
                                                Marketing Agreement Act of 1937, as                     tons, or 8,720 pounds, of dates were                  Reduction Act of 1995 (44 U.S.C.
                                                amended (7 U.S.C. 601–674), hereinafter                 produced per acre. The 2015 producer                  Chapter 35), the order’s information
                                                referred to as the ‘‘Act.’’                             price published by NASS was $1,560                    collection requirements have been
                                                   The Department of Agriculture                        per ton. Thus, the value of date                      previously approved by the Office of
                                                (USDA) is issuing this rule in                          production per acre in 2014–15                        Management and Budget (OMB) and
                                                conformance with Executive Orders                       averaged about $6,802 (4.36 tons times                assigned OMB No. 0581–0178,
                                                12866, 13563, and 13175.                                $1,560 per ton, rounded to the nearest                ‘‘Vegetable and Specialty Crops
                                                   Under the order, California date                     dollar). At that average price, a producer            Marketing Orders.’’ No changes in those
                                                handlers are subject to assessments,                    would have to farm over 110 acres to
                                                which provide funds to administer the                                                                         requirements as a result of this action
                                                                                                        receive an annual income from dates of
                                                order. Assessment rates issued under                                                                          are necessary. Should any changes
                                                                                                        $750,000 ($750,000 divided by $6,802
                                                the order are intended to be applicable                 per acre equals 110.26 acres). According              become necessary, they would be
                                                to all assessable domestic dates                        to committee staff, the majority of                   submitted to OMB for approval.
                                                produced or packed in Riverside                         California date producers farm less than                 This action imposes no additional
                                                County, California, for the entire crop                 110 acres. Thus, it can be concluded                  reporting or recordkeeping requirements
                                                year and continue indefinitely until                    that the majority of date producers                   on either small or large California date
                                                amended, suspended, or terminated.                      could be considered small entities.                   handlers. As with all Federal marketing
                                                The committee’s crop year began                            In addition, according to data from                order programs, reports and forms are
                                                October 1, 2016, and ends on September                  the committee staff, the majority of                  periodically reviewed to reduce
                                                30, 2017.                                               California date handlers have receipts of             information requirements and
                                                   In an interim rule published in the                  less than $7,500,000 and may also be                  duplication by industry and public
                                                Federal Register on September 21, 2016,                 considered small entities under SBA’s                 sector agencies.
                                                and effective on September 22, 2016, (81                definition.
                                                FR 64759, Doc. No. AMS–SC–16–0084,                         This rule continues in effect the                     USDA has not identified any relevant
                                                SC16–987–1 IR), § 997.339 was                           action that decreased the assessment                  Federal rules that duplicate, overlap, or
                                                amended by decreasing the assessment                    rate established for the committee and                conflict with this rule.
                                                rate established for California dates for               collected from handlers for the 2016–17                  Comments on the interim rule were
                                                the 2016–17 and subsequent crop years                   and subsequent crop years from $0.10 to               required to be received on or before
                                                from $0.10 to $0.05 per hundredweight.                  $0.05 per hundredweight of dates. The                 November 21, 2016. No comments were
                                                The decrease in the per hundredweight                   committee unanimously recommended                     received. Therefore, for reasons given in
                                                assessment rate allows the committee to                 2016–17 expenditures of $52,500 and an
                                                                                                                                                              the interim rule, we are adopting the
                                                reduce its financial reserve while still                assessment rate of $0.05 per
                                                                                                                                                              interim rule as a final rule, without
                                                providing adequate funding to meet                      hundredweight of dates. The assessment
                                                                                                        rate of $0.05 is $0.05 lower than the rate            change.
                                                program expenses.
                                                                                                        previously in effect. Applying the $0.05                 To view the interim rule, go to:
                                                Final Regulatory Flexibility Analysis                   per hundredweight assessment rate to                  https://www.regulations.gov/
                                                   Pursuant to requirements set forth in                the committee’s 29,000,000 pounds                     document?D=AMS-SC-16-0084-0001.
                                                the Regulatory Flexibility Act (RFA) (5                 (290,000 hundredweight) crop estimate                    This action also affirms information
                                                U.S.C. 601–612), the Agricultural                       should provide $14,500 in assessment                  contained in the interim rule concerning
                                                Marketing Service (AMS) has                             income. Thus, income derived from                     Executive Orders 12866, 12988, 13175,
                                                considered the economic impact of this                  handler assessments, along with interest
                                                                                                                                                              and 13563; the Paperwork Reduction
                                                rule on small entities. Accordingly,                    income and funds from the committee’s
                                                                                                                                                              Act (44 U.S.C. Chapter 35); and the E-
                                                AMS has prepared this final regulatory                  monetary reserve, will be adequate to
                                                flexibility analysis.                                   cover the budgeted expenses. This                     Gov Act (44 U.S.C. 101).
                                                   The purpose of the RFA is to fit                     action will allow the committee to                       After consideration of all relevant
                                                regulatory actions to the scale of                      reduce its financial reserve while still              material presented, it is found that
                                                businesses subject to such actions in                   providing adequate funding to meet                    finalizing the interim rule, without
                                                order that small businesses will not be                 program expenses.                                     change, as published in the Federal
                                                unduly or disproportionately burdened.                     This rule continues in effect the                  Register (81 FR 64759, September 21,
                                                Marketing orders issued pursuant to the                 action that decreased the assessment                  2016) will tend to effectuate the
                                                Act, and the rules issued thereunder, are               obligation imposed on handlers.                       declared policy of the Act.
                                                unique in that they are brought about                   Assessments are applied uniformly on
                                                through group action of essentially                     all handlers, and some of the costs may               List of Subjects in 7 CFR Part 987
                                                small entities acting on their own                      be passed on to producers. However,
                                                                                                        decreasing the assessment rate reduces                  Dates, Marketing agreements,
                                                behalf.
                                                   There are approximately 70 date                      the burden on handlers and may reduce                 Reporting and recordkeeping
                                                producers in the production area, and                   the burden on producers.                              requirements.
                                                11 date handlers subject to regulation                     In addition, the committee’s meeting
                                                under the order. The Small Business                     was widely publicized throughout the                  PART 987—DOMESTIC DATES
                                                Administration (SBA) defines small                      California date industry, and all                     PRODUCED OR PACKED IN
                                                agricultural producers as those having                  interested persons were invited to                    RIVERSIDE COUNTY, CALIFORNIA
mstockstill on DSK3G9T082PROD with RULES




                                                annual receipts of less than $750,000                   attend the meeting and encouraged to                  [AMENDED]
                                                and small agricultural service firms as                 participate in committee deliberations
                                                those whose annual receipts are less                    on all issues. Like all committee                     ■ Accordingly, the interim rule
                                                than $7,500,000 (13 CFR 121.201).                       meetings, the June 22, 2016, meeting                  amending 7 CFR part 987, which was
                                                   According to the National                            was a public meeting, and all entities,               published at 81 FR 64759 on September
                                                Agricultural Statistics Service (NASS),                 both large and small, were able to                    21, 2016, is adopted as a final rule,
                                                data for the most recently completed                    express views on this issue.                          without change.


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                                                92566            Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Rules and Regulations

                                                  Dated: December 12, 2016.                                • Mail: M. Irene Omade, GIPSA,                     FR 35338], GIPSA proposed a new
                                                Bruce Summers,                                          USDA, 1400 Independence Avenue                        § 201.3, ‘‘Applicability of regulations in
                                                Associate Administrator, Agricultural                   SW., Room 2542A–S, Washington, DC                     this part,’’ providing four (4)
                                                Marketing Service.                                      20250–3613.                                           subsections to describe, in certain
                                                [FR Doc. 2016–30303 Filed 12–19–16; 8:45 am]               • Hand Delivery or Courier: M. Irene               respects, the application of the
                                                BILLING CODE 3410–02–P
                                                                                                        Omade, GIPSA, USDA, 1400                              regulations in 9 CFR part 201. These
                                                                                                        Independence Avenue SW., Room                         subsections were designated § 201.3(a)
                                                                                                        2530–S, Washington, DC 20250–3613.                    through § 201.3(d). Subsection 201.3(c)
                                                                                                           • Internet: http://                                described the appropriate application of
                                                DEPARTMENT OF AGRICULTURE
                                                                                                        www.regulations.gov. Follow the on-line               sections 202(a) and (b) of the P&S Act
                                                Grain Inspection, Packers and                           instructions for submitting comments.                 (7 U.S.C. 192(a) and (b)).
                                                Stockyards Administration                                  Instructions: All comments should                     In this current rule, GIPSA is re-
                                                                                                        make reference to the date and page                   designating the existing undesignated
                                                9 CFR Part 201                                          number of this issue of the Federal                   paragraph in § 201.3 as § 201.3(b), and is
                                                                                                        Register. All comments received will be               adding back the subject heading,
                                                RIN 0580–AB25                                           included in the public docket without                 ‘‘Effective dates’’ to this paragraph.
                                                                                                        change, including any personal                           GIPSA is amending § 201.3 with the
                                                Scope of Sections 202(a) and (b) of the                 information provided. Regulatory                      addition of proposed § 201.3(c), with
                                                Packers and Stockyards Act                              analyses and other documents relating                 slight modifications. Because this
                                                AGENCY:  Grain Inspection, Packers and                  to this rulemaking will be available for              provision is of primary importance,
                                                Stockyards Administration, USDA.                        public inspection in Room 2542A–S,                    GIPSA is designating it as the first of
                                                ACTION: Interim final rule; request for
                                                                                                        1400 Independence Avenue SW.,                         two paragraphs in § 201.3 and changing
                                                                                                        Washington, DC 20250–3613 during                      its designation from (c) to (a). GIPSA has
                                                comments.
                                                                                                        regular business hours. All comments                  made slight modifications including a
                                                SUMMARY:   The Department of                            will be available for public inspection in            grammatical edit and also modified a
                                                Agriculture’s (USDA) Grain Inspection,                  the above office during regular business              few words to make the language
                                                Packers and Stockyards Administration                   hours (7 CFR 1.27(b)). Please call the                internally consistent and also consistent
                                                (GIPSA), Packers and Stockyards                         Management and Budget Services staff                  with the language in new proposed
                                                Program (P&SP) is amending the                          of GIPSA at (202) 720–8479 to arrange                 §§ 201.210, 201.211, and 201.214,
                                                regulations issued under the Packers                    a public inspection of comments or                    published concurrently in this issue of
                                                and Stockyards Act, 1921, as amended                    other documents related to this                       the Federal Register as separate
                                                and supplemented (P&S Act). GIPSA is                    rulemaking.                                           proposed rules.
                                                adding a paragraph addressing the scope                 FOR FURTHER INFORMATION CONTACT: S.
                                                of sections 202(a) and (b) of the P&S                   Brett Offutt, Director, Litigation and                II. Background
                                                Act. This interim final rule clarifies that             Economic Analysis Division, P&SP,                     A. Development of the Rule
                                                conduct or action may violate sections                  GIPSA, 1400 Independence Ave, SW.,                       Prior to issuing the initial proposed
                                                202(a) and (b) of the P&S Act without                   Washington, DC 20250, (202) 720–7051,                 regulations in 2010, GIPSA held three
                                                adversely affecting, or having a                        s.brett.offutt@usda.gov.                              public meetings in October 2008, in
                                                likelihood of adversely affecting,                      SUPPLEMENTARY INFORMATION: The first                  Arkansas, Iowa, and Georgia to gather
                                                competition. This interim final rule                    section that follows provides                         comments, information, and
                                                reiterates USDA’s longstanding                          background and a summary of the                       recommendations from interested
                                                interpretation that not all violations of               regulatory text for § 201.3(a) and (b) in             parties. Attendees at these meetings
                                                the P&S Act require a showing of harm                   this interim final rule as compared to                were asked to give input on the
                                                or likely harm to competition. The                      the regulatory wording for § 201.3(c)                 elements of the 2008 Farm Bill and
                                                regulations would specifically provide                  and (d) in the 2010 proposed rule. The                other issues of concern under the P&S
                                                that the scope of section 202(a) and (b)                second section provides background                    Act. In 2010, USDA and the Department
                                                encompasses conduct or action that,                     information about this rule. The third                of Justice held five joint public
                                                depending on their nature and the                       section provides a summary of the                     workshops to explore competition
                                                circumstances, can be found to violate                  public comments received on the                       issues affecting agricultural industries
                                                the P&S Act without a finding of harm                   proposed rule and at the relevant                     in the 21st century and the appropriate
                                                or likely harm to competition. This                     USDA/Department of Justice Joint                      role for antitrust and regulatory
                                                interim final rule finalizes a proposed                 Competition Workshops that occurred                   enforcement in those industries. These
                                                amendment that GIPSA published on                       during the comment period. The fourth                 workshops were held in Ankeny, Iowa
                                                June 22, 2010. GIPSA is now publishing                  section discusses the proposal of new                 (Issues of Concern to Farmers, March
                                                as an interim final rule what was                       §§ 201.210, 201.211, and 201.214, in                  12, 2010); Normal, Alabama (Poultry
                                                proposed on June 22, 2010, with slight                  this issue of the Federal Register. The               Industry, May 21, 2010); Madison,
                                                modifications, in order to allow                        last section provides the required                    Wisconsin (Dairy Industry, June 25,
                                                additional comment on these                             impact analyses including the                         2010); Fort Collins, Colorado (Livestock
                                                provisions.                                             Regulatory Flexibility Act, the                       Industry, August 27, 2010); and
                                                DATES:  This interim final rule is                      Paperwork Reduction Act, Civil Rights                 Washington, District of Columbia
                                                February 21, 2017. Interested persons                   Analysis, and the relevant Executive                  (Margins, December 8, 2010). The
mstockstill on DSK3G9T082PROD with RULES




                                                are invited to submit written comments                  Orders.                                               Secretary informed attendees of the
                                                on this interim final rule on or before                 I. Summary of Changes From the 2010                   workshop in Fort Collins, Colorado that
                                                February 21, 2017.                                      Proposed Rule                                         their comments provided that day
                                                ADDRESSES: We invite you to submit                                                                            would be considered in the
                                                comments on this interim final rule.                    Section 201.3 as Proposed in June 2010                development of this rulemaking. The
                                                You may submit comments by any of                         In the proposed rule published in the               Fort Collins workshop addressed issues
                                                the following methods:                                  Federal Register on June 22, 2010 [75                 in the cattle, hog, and other animal


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Document Created: 2018-02-14 09:10:26
Document Modified: 2018-02-14 09:10:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionAffirmation of interim rule as final rule.
DatesEffective December 21, 2016.
ContactTerry Vawter, Senior Marketing Specialist Jeffrey Smutny, Regional Director, California Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (559) 487-5901, Fax: (559) 487-5906, or Email: [email protected] or [email protected]
FR Citation81 FR 92564 
CFR AssociatedDates; Marketing Agreements and Reporting and Recordkeeping Requirements

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