82_FR_14538 82 FR 14485 - Irish Potatoes Grown in Certain Designated Counties in Idaho, and Malheur County, Oregon; Decreased Assessment Rate

82 FR 14485 - Irish Potatoes Grown in Certain Designated Counties in Idaho, and Malheur County, Oregon; Decreased Assessment Rate

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 82, Issue 53 (March 21, 2017)

Page Range14485-14488
FR Document2017-05482

This proposed rule would implement a recommendation from the Idaho-Eastern Oregon Potato Committee (Committee) to decrease the assessment rate established for the 2017-2018 and subsequent fiscal periods from $0.0025 to $0.002 per hundredweight of potatoes handled. The Committee locally administers the marketing order which regulates the handling of potatoes grown in certain designated counties in Idaho, and Malheur County, Oregon. Assessments upon potato handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins August 1 and ends July 31. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.

Federal Register, Volume 82 Issue 53 (Tuesday, March 21, 2017)
[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Proposed Rules]
[Pages 14485-14488]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05482]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 945

[Doc. No. AMS-SC-16-0111; SC17-945-1 PR]


Irish Potatoes Grown in Certain Designated Counties in Idaho, and 
Malheur County, Oregon; Decreased Assessment Rate

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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SUMMARY: This proposed rule would implement a recommendation from the 
Idaho-Eastern Oregon Potato Committee (Committee) to decrease the 
assessment rate established for the 2017-2018 and subsequent fiscal 
periods from $0.0025 to $0.002 per hundredweight of potatoes handled. 
The Committee locally administers the marketing order which regulates 
the handling of potatoes grown in certain designated counties in Idaho, 
and Malheur County, Oregon. Assessments upon potato handlers are used 
by the Committee to fund reasonable and necessary expenses of the 
program. The fiscal period begins August 1 and ends July 31. The 
assessment rate would remain in effect indefinitely unless modified, 
suspended, or terminated.

DATES: Comments must be received by April 20, 2017.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this proposed rule. Comments must be sent to the Docket 
Clerk, Marketing Order and Agreement Division, Specialty Crops Program, 
AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 
20250-0237; Fax: (202) 720-8938; or internet: http://www.regulations.gov. Comments should reference the document number and 
the date and

[[Page 14486]]

page number of this issue of the Federal Register and will be available 
for public inspection in the Office of the Docket Clerk during regular 
business hours, or can be viewed at: http://www.regulations.gov. All 
comments submitted in response to this proposed rule will be included 
in the record and will be made available to the public. Please be 
advised that the identity of the individuals or entities submitting the 
comments will be made public on the internet at the address provided 
above.

FOR FURTHER INFORMATION CONTACT: Barry Broadbent, Senior Marketing 
Specialist, or Gary D. Olson, Regional Director, 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 proposed rule is issued under Marketing 
Agreement No. 98 and Order No. 945, both as amended (7 CFR part 945), 
regulating the handling of Irish potatoes grown in certain designated 
counties in Idaho, and Malheur County, Oregon, 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 proposed rule 
in conformance with Executive Orders 12866, 13563, and 13175.
    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. Under the marketing order now in effect, Idaho-
Eastern Oregon potato handlers are subject to assessments. Funds to 
administer the order are derived from such assessments. It is intended 
that the assessment rate as proposed herein would be applicable to all 
assessable potatoes beginning August 1, 2017, 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 proposed rule would decrease the assessment rate established 
for the Committee for the 2017-2018 and subsequent fiscal periods from 
$0.0025 to $0.002 per hundredweight of potatoes.
    The Idaho-Eastern Oregon potato marketing order provides authority 
for the Committee, with the approval of USDA, to formulate an annual 
budget of expenses and collect assessments from handlers to cover the 
expenses of administering the program. The members of the Committee are 
producers and handlers of Idaho-Eastern Oregon potatoes. 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 2014-2015 and subsequent fiscal periods, the Committee 
recommended, and USDA approved, an assessment rate 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 November 9, 2016, to consider the Committee's 
projected 2017-2018 financial requirements, the size of the Committee's 
operating reserve, and the order's continuing assessment rate. The 
Committee unanimously recommended an assessment rate of $0.002 per 
hundredweight of potatoes for the 2017-2018 fiscal period. The 
assessment rate of $0.002 is $0.0005 lower than the rate currently in 
effect. The assessment rate decrease is necessary to reduce the funds 
held in reserve to less than approximately one fiscal period's budgeted 
expenses, the maximum level allowed by the order.
    The Committee adopted a budget of $119,075 for the 2016-2017 fiscal 
period. It expects to recommend a similar level of budgeted 
expenditures for the 2017-2018 fiscal period at its next scheduled 
meeting in June 2017. The Committee expects its budget for major 
expenditures for the 2017-2018 fiscal period to be close to the 
budgeted amounts for the 2016-2017 fiscal period. These expenditures 
include $68,638 for administrative expenses, $35,437 for travel/office 
expenses, and $15,000 for marketing order contingency.
    The assessment rate recommended by the Committee was derived by 
dividing anticipated expenses by expected shipments of Idaho-Eastern 
Oregon potatoes. Potato shipments for 2017-2018 are estimated at 32 
million hundredweight which should provide $64,000 in assessment income 
at the proposed assessment rate. Income derived from handler 
assessments, along with other income, interest earned, and funds from 
the Committee's authorized reserve, would be adequate to cover budgeted 
expenses. Funds in the reserve (projected to be $158,275 on July 31, 
2017) would be reduced to comply with the maximum permitted by the 
order of approximately one fiscal period's expenses.
    The proposed assessment rate would continue in effect indefinitely 
unless modified, suspended, or terminated by USDA upon recommendation 
and information submitted by the Committee or other available 
information.
    Although this assessment rate would be in effect for an indefinite 
period, the Committee would 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 or USDA. 
Committee meetings are open to the public and interested persons may 
express their views at these meetings. USDA would evaluate Committee 
recommendations and other available information to determine whether 
modification of the assessment rate is needed. Further rulemaking would 
be undertaken as necessary. The Committee's 2017-2018 budget, and those 
for subsequent fiscal periods, would be reviewed and, as appropriate, 
approved by USDA.

Initial Regulatory Flexibility Analysis

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS) 
has

[[Page 14487]]

considered the economic impact of this proposed rule on small entities. 
Accordingly, AMS has prepared this initial regulatory flexibility 
analysis.
    The purpose of the RFA is to fit regulatory actions to the scale of 
businesses subject to such actions in order that small businesses will 
not be unduly or disproportionately burdened. Marketing orders issued 
pursuant to the Act, and the rules issued thereunder, are unique in 
that they are brought about through group action of essentially small 
entities acting on their own behalf.
    There are approximately 450 producers of potatoes in the production 
area and approximately 32 handlers subject to regulation under the 
marketing order. Small agricultural producers are defined by the Small 
Business Administration (13 CFR 121.201) as those having annual 
receipts less than $750,000, and small agricultural service firms are 
defined as those whose annual receipts are less than $7,500,000.
    During the 2015-2016 fiscal period, the most recent full year of 
statistics available, 33,606,000 hundredweight of Idaho-Eastern Oregon 
potatoes were inspected under the order and sold into the fresh market. 
Based on information provided by the National Agricultural Statistics 
Service, the average producer price for the 2015 Idaho potato crop (the 
most recent full marketing year recorded) was $7.00 per hundredweight. 
Multiplying $7.00 by the shipment quantity of 33,606,000 hundredweight 
yields an annual crop revenue estimate of $235,242,000. The average 
annual fresh potato revenue for each of the 450 producers is therefore 
calculated to be $522,760 ($235,242,000 divided by 450), which is less 
than the Small Business Administration threshold of $750,000. 
Consequently, on average, a majority of the Idaho-Eastern Oregon potato 
producers may be classified as small entities.
    In addition, based on information reported by USDA's Market News 
Service, the average free-on-board (f.o.b.) shipping point price for 
the 2015 Idaho potato crop was $7.47 per hundredweight. Multiplying 
$7.47 by the shipment quantity of 33,606,000 hundredweight yields an 
annual crop revenue estimate of $251,036,820. The average annual fresh 
potato revenue for each of the 32 handlers is therefore calculated to 
be $7,844,900 ($251,036,820 divided by 32), which is slightly more than 
the Small Business Administration threshold of $7,500,000. Given the 
likelihood that there may be several large handlers, some of the Idaho-
Eastern Oregon potato handlers may be classified as small entities.
    This proposed rule would decrease the assessment rate established 
for the Committee and collected from handlers for the 2017-2018 and 
subsequent fiscal periods from $0.0025 to $0.002 per hundredweight of 
potatoes. The Committee unanimously recommended an assessment rate of 
$0.002 per hundredweight of potatoes for the 2017-2018 fiscal period. 
The assessment rate of $0.002 per hundredweight is $0.0005 lower than 
the rate for the 2016-2017 fiscal period. The quantity of assessable 
potatoes for the 2017-2018 fiscal period is estimated at 32 million 
hundredweight. Thus, the $0.002 rate should provide $64,000 in 
assessment income. Income derived from handler assessments, along with 
other income, interest earned, and funds from the Committee's 
authorized reserve, would be adequate to cover budgeted expenses.
    The Committee adopted a budget of $119,075 for the 2016-2017 fiscal 
period and expects to recommend a similar amount in budgeted 
expenditures for the 2017-2018 fiscal period at its next scheduled 
meeting in June 2017. The major budgeted expenditures for the 2016-2017 
year include $68,638 for administrative expenses, $35,437 for travel/
office expenses, and $15,000 for marketing order contingency. Budgeted 
expenses for these items in 2015-2016 were $64,901, $37,340, and 
$15,000, respectively.
    The lower assessment rate is necessary to reduce the reserve 
balance to less than approximately one fiscal period's budgeted 
expenses. The reserve balance on July 31, 2017, is projected to be 
$158,275. Assessment income for the 2017-2018 fiscal period is 
estimated at $64,000, while expenses are estimated to be $119,075. The 
Committee anticipates compensating for the reduced assessment revenue 
with $5,100 from miscellaneous income, $100 from interest income, and 
$49,875 from its reserve fund. The reserve fund is projected to be 
under the maximum authorized level at the end of the 2017-2018 fiscal 
period.
    The Committee discussed alternatives to this proposed change, 
including suspending assessments for one year, recommending other 
assessment rate levels, and leaving the current rate in place. Prior to 
arriving at this assessment rate recommendation, the Committee 
considered information from the Board's Executive Committee on the cost 
savings resulting from recent administrative changes in the Committee 
office and the level of anticipated Committee expenses moving forward. 
The Committee debated between suspending assessments for one year and 
recommending the assessment rate be lowered to $0.002 per hundredweight 
of potatoes. Based on the market and shipping quantities, the Committee 
recommended the rate of $0.002 per hundredweight. The Committee 
believes this assessment rate, in combination with other income, 
interest earned, and funds utilized from the Committee's financial 
reserve, would provide sufficient funds to meet its expenses.
    A review of historical information and preliminary information 
pertaining to the upcoming fiscal period indicates that the producer 
price for the 2017 crop could range between $6.00 and $9.00 per 
hundredweight of potatoes. Therefore, the estimated assessment revenue 
for the 2017-2018 fiscal period as a percentage of total producer 
revenue could range between 0.022 and 0.033 percent.
    This action would decrease 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 would reduce the burden on handlers, and may reduce the 
burden on producers. In addition, the Committee's meeting was widely 
publicized throughout the Idaho-Eastern Oregon potato industry and all 
interested persons were invited to attend the meeting and participate 
in Committee deliberations on all issues. Like all Committee meetings, 
the November 9, 2016, meeting was a public meeting and all entities, 
both large and small, were able to express views on this issue. 
Finally, interested persons are invited to submit comments on this 
proposed rule, including the regulatory and informational impacts of 
this action on small businesses.
    In accordance with the Paperwork Reduction Act of 1995, (44 U.S.C. 
Chapter 35), the order's information collection requirements have been 
previously approved by the Office of Management and Budget (OMB) and 
assigned OMB No. 0581-0178 (Generic Vegetable and Specialty Crops). 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 proposed rule would impose no additional reporting or 
recordkeeping requirements on either small or large Idaho-Eastern 
Oregon potato handlers. As with all Federal marketing order programs, 
reports and forms are periodically reviewed to reduce

[[Page 14488]]

information requirements and duplication by industry and public sector 
agencies.
    AMS is committed to complying with the E-Government Act, to promote 
the use of the internet and other information technologies to provide 
increased opportunities for citizen access to Government information 
and services, and for other purposes.
    USDA has not identified any relevant Federal rules that duplicate, 
overlap, or conflict with this action.
    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.
    A 30-day comment period is provided to allow interested persons to 
respond to this proposed rule. Thirty days is deemed appropriate 
because: (1) The 2017-2018 fiscal period begins on August 1, 2017, and 
the marketing order requires that the rate of assessment for each 
fiscal period apply to all assessable potatoes handled during such 
fiscal period; (2) the proposed rule would decrease the assessment rate 
for assessable potatoes beginning with the 2017-2018 fiscal period; and 
(3) handlers are aware of this action which was unanimously recommended 
by the Committee at a public meeting and is similar to other assessment 
rate actions issued in past years.

List of Subjects in 7 CFR Part 945

    Marketing agreements, Potatoes, Reporting and recordkeeping 
requirements.

    For the reasons set forth in the preamble, 7 CFR part 945 is 
proposed to be amended as follows:

PART 945--IRISH POTATOES GROWN IN CERTAIN DESIGNATED COUNTIES IN 
IDAHO, AND MALHEUR COUNTY, OREGON

0
1. The authority citation for 7 CFR part 945 continues to read as 
follows:

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

0
2. Section 945.249 is revised to read as follows:


Sec.  945.249   Assessment rate.

    On and after August 1, 2017, an assessment rate of $0.002 per 
hundredweight is established for Idaho-Eastern Oregon potatoes.

    Dated: March 15, 2017.
Bruce Summers,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2017-05482 Filed 3-20-17; 8:45 am]
 BILLING CODE 3410-02-P



                                                                            Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Proposed Rules                                                 14485

                                                    Regarding demand, the Board began                          USDA has not identified any relevant               § 930.256 Free and restricted percentages
                                                    with the actual sales average of 230                    Federal rules that duplicate, overlap or              for the 2016–17 crop year.
                                                    million pounds. However, the Board                      conflict with this proposed rule.                       The percentages for tart cherries
                                                    noted that some previously contracted                      In addition, the Board’s meeting was               handled by handlers during the crop
                                                    sales would be due for delivery in the                  widely publicized throughout the tart                 year beginning on July 1, 2016, which
                                                    coming season. In order to avoid                        cherry industry and all interested                    shall be free and restricted, respectively,
                                                    undersupplying the market, the Board                    persons were invited to attend the                    are designated as follows: Free
                                                    determined that the calculation of the                  meeting and participate in Board                      percentage, 71 percent and restricted
                                                    optimum supply should include an                        deliberations on all issues. Like all                 percentage, 29 percent.
                                                    additional adjustment for that purpose.                 Board meetings, the June 23, 2016, and                  Dated: March 15, 2017.
                                                    After discussion, an adjustment of an                   September 8, 2016, meetings were                      Bruce Summers,
                                                    additional 22 million pounds was made                   public meetings and all entities, both                Acting Administrator, Agricultural Marketing
                                                    the 2016–17 available supply of tart                    large and small, were able to express                 Service.
                                                    cherries as it was determined that this                 views on this issue. Finally, interested              [FR Doc. 2017–05484 Filed 3–20–17; 8:45 am]
                                                    amount would best meet the industry’s                   persons are invited to submit comments                BILLING CODE 3410–02–P
                                                    sales needs. Thus, the other alternative                on this proposed rule, including the
                                                    levels were rejected.                                   regulatory and informational impacts of
                                                       Regarding the carry-out value, the                   this proposal on small businesses.                    DEPARTMENT OF AGRICULTURE
                                                    Board considered a range of alternatives.                  A small business guide on complying
                                                    One member suggested the Board begin                    with fruit, vegetable, and specialty crop             Agricultural Marketing Service
                                                    with 57 million pounds, approximately                   marketing agreements and orders may
                                                    a quarter of average annual sales. Other                be viewed at: http://www.ams.usda.gov/                7 CFR Part 945
                                                    members suggested alternatives as high                  rules-regulations/moa/small-businesses.               [Doc. No. AMS–SC–16–0111; SC17–945–1
                                                    as 70 million pounds. However, some                     Any questions about the compliance                    PR]
                                                    members were concerned about leaving                    guide should be sent to Richard Lower
                                                    too much fruit on the market at the end                 at the previously mentioned address in                Irish Potatoes Grown in Certain
                                                    of the season and depressing prices                     the FOR FURTHER INFORMATION CONTACT                   Designated Counties in Idaho, and
                                                    going into the next year. The Board                     section.                                              Malheur County, Oregon; Decreased
                                                    determined three months of sales would                                                                        Assessment Rate
                                                                                                               A 30-day comment period is provided
                                                    be a good estimate for what was needed
                                                                                                            to allow interested persons to respond                AGENCY:  Agricultural Marketing Service,
                                                    at the end of the season, as there is a
                                                                                                            to this proposal. Thirty days is deemed               USDA.
                                                    three-month gap between the
                                                                                                            appropriate because this proposed rule                ACTION: Proposed rule.
                                                    calculation of carry-out at the end of one
                                                                                                            would need to be in place as soon as
                                                    season and the availability of fruit from
                                                                                                            possible since handlers are already                   SUMMARY:   This proposed rule would
                                                    the next season. Thus, the other
                                                                                                            shipping tart cherries from the 2016–17               implement a recommendation from the
                                                    alternatives were rejected.
                                                                                                            crop. All written comments timely                     Idaho-Eastern Oregon Potato Committee
                                                       In accordance with the Paperwork                     received will be considered before a                  (Committee) to decrease the assessment
                                                    Reduction Act of 1995 (44 U.S.C.                        final determination is made on this                   rate established for the 2017–2018 and
                                                    Chapter 35), the order’s information                    matter.                                               subsequent fiscal periods from $0.0025
                                                    collection requirements have been                                                                             to $0.002 per hundredweight of potatoes
                                                    previously approved by the Office of                    List of Subjects in 7 CFR Part 930
                                                                                                                                                                  handled. The Committee locally
                                                    Management and Budget (OMB) and                           Marketing agreements, Reporting and                 administers the marketing order which
                                                    assigned OMB No. 0581–0177, Tart                        recordkeeping requirements, Tart                      regulates the handling of potatoes grown
                                                    Cherries Grown in the States of                         cherries.                                             in certain designated counties in Idaho,
                                                    Michigan, New York, Pennsylvania,                                                                             and Malheur County, Oregon.
                                                    Oregon, Utah, Washington, and                             For the reasons set forth in the                    Assessments upon potato handlers are
                                                    Wisconsin. No changes in those                          preamble, 7 CFR part 930 is proposed to               used by the Committee to fund
                                                    requirements as a result of this action                 be amended as follows:                                reasonable and necessary expenses of
                                                    are necessary. Should any changes                                                                             the program. The fiscal period begins
                                                    become necessary, they would be                         PART 930—TART CHERRIES GROWN
                                                                                                            IN THE STATES OF MICHIGAN, NEW                        August 1 and ends July 31. The
                                                    submitted to OMB for approval.                                                                                assessment rate would remain in effect
                                                                                                            YORK, PENNSYLVANIA, OREGON,
                                                       This proposal would not impose any                   UTAH, WASHINGTON, AND                                 indefinitely unless modified,
                                                    additional reporting or recordkeeping                   WISCONSIN                                             suspended, or terminated.
                                                    requirements on either small or large                                                                         DATES: Comments must be received by
                                                    tart cherry handlers. As with all Federal               ■ 1. The authority citation for 7 CFR                 April 20, 2017.
                                                    marketing order programs, reports and                   part 930 continues to read as follows:                ADDRESSES: Interested persons are
                                                    forms are periodically reviewed to                                                                            invited to submit written comments
                                                    reduce information requirements and                         Authority: 7 U.S.C. 601–674.
                                                                                                                                                                  concerning this proposed rule.
                                                    duplication by industry and public                      ■ 2. Section 930.151 is revised to read               Comments must be sent to the Docket
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    sector agencies.                                        as follows:                                           Clerk, Marketing Order and Agreement
                                                       AMS is committed to complying with                   § 930.151    Desirable carry-out inventory.           Division, Specialty Crops Program,
                                                    the E-Government Act, to promote the                                                                          AMS, USDA, 1400 Independence
                                                    use of the Internet and other                             For the 2016 crop year, the desirable               Avenue SW., STOP 0237, Washington,
                                                    information technologies to provide                     carry-out inventory, for the purposes of              DC 20250–0237; Fax: (202) 720–8938; or
                                                    increased opportunities for citizen                     determining an optimum supply                         internet: http://www.regulations.gov.
                                                    access to Government information and                    volume, will be 57 million pounds.                    Comments should reference the
                                                    services, and for other purposes.                       ■ 3. Revise § 930.256 to read as follows:             document number and the date and


                                               VerDate Sep<11>2014   15:59 Mar 20, 2017   Jkt 241001   PO 00000   Frm 00005   Fmt 4702   Sfmt 4702   E:\FR\FM\21MRP1.SGM   21MRP1


                                                    14486                   Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Proposed Rules

                                                    page number of this issue of the Federal                order, any provision of the order, or any                The Committee adopted a budget of
                                                    Register and will be available for public               obligation imposed in connection with                 $119,075 for the 2016–2017 fiscal
                                                    inspection in the Office of the Docket                  the order is not in accordance with law               period. It expects to recommend a
                                                    Clerk during regular business hours, or                 and request a modification of the order               similar level of budgeted expenditures
                                                    can be viewed at: http://                               or to be exempted therefrom. Such                     for the 2017–2018 fiscal period at its
                                                    www.regulations.gov. All comments                       handler is afforded the opportunity for               next scheduled meeting in June 2017.
                                                    submitted in response to this proposed                  a hearing on the petition. After the                  The Committee expects its budget for
                                                    rule will be included in the record and                 hearing, USDA would rule on the                       major expenditures for the 2017–2018
                                                    will be made available to the public.                   petition. The Act provides that the                   fiscal period to be close to the budgeted
                                                    Please be advised that the identity of the              district court of the United States in any            amounts for the 2016–2017 fiscal
                                                    individuals or entities submitting the                  district in which the handler is an                   period. These expenditures include
                                                    comments will be made public on the                     inhabitant, or has his or her principal               $68,638 for administrative expenses,
                                                    internet at the address provided above.                 place of business, has jurisdiction to                $35,437 for travel/office expenses, and
                                                    FOR FURTHER INFORMATION CONTACT:                        review USDA’s ruling on the petition,                 $15,000 for marketing order
                                                    Barry Broadbent, Senior Marketing                       provided an action is filed not later than            contingency.
                                                    Specialist, or Gary D. Olson, Regional                  20 days after the date of the entry of the               The assessment rate recommended by
                                                    Director, Northwest Marketing Field                     ruling.                                               the Committee was derived by dividing
                                                    Office, Marketing Order and Agreement                      This proposed rule would decrease                  anticipated expenses by expected
                                                    Division, Specialty Crops Program,                      the assessment rate established for the               shipments of Idaho-Eastern Oregon
                                                    AMS, USDA; Telephone: (503) 326–                        Committee for the 2017–2018 and                       potatoes. Potato shipments for 2017–
                                                    2724, Fax: (503) 326–7440, or Email:                    subsequent fiscal periods from $0.0025                2018 are estimated at 32 million
                                                    Barry.Broadbent@ams.usda.gov or                         to $0.002 per hundredweight of                        hundredweight which should provide
                                                                                                            potatoes.                                             $64,000 in assessment income at the
                                                    GaryD.Olson@ams.usda.gov.
                                                                                                               The Idaho-Eastern Oregon potato                    proposed assessment rate. Income
                                                      Small businesses may request
                                                                                                            marketing order provides authority for                derived from handler assessments, along
                                                    information on complying with this
                                                                                                            the Committee, with the approval of                   with other income, interest earned, and
                                                    regulation by contacting Richard Lower,
                                                                                                            USDA, to formulate an annual budget of                funds from the Committee’s authorized
                                                    Marketing Order and Agreement
                                                                                                            expenses and collect assessments from                 reserve, would be adequate to cover
                                                    Division, Specialty Crops Program,
                                                                                                            handlers to cover the expenses of                     budgeted expenses. Funds in the reserve
                                                    AMS, USDA, 1400 Independence                            administering the program. The                        (projected to be $158,275 on July 31,
                                                    Avenue SW., STOP 0237, Washington,                      members of the Committee are                          2017) would be reduced to comply with
                                                    DC 20250–0237; Telephone: (202) 720–                    producers and handlers of Idaho-Eastern               the maximum permitted by the order of
                                                    2491, Fax: (202) 720–8938, or Email:                    Oregon potatoes. They are familiar with               approximately one fiscal period’s
                                                    Richard.Lower@ams.usda.gov.                             the Committee’s needs and with the                    expenses.
                                                    SUPPLEMENTARY INFORMATION: This                         costs for goods and services in their                    The proposed assessment rate would
                                                    proposed rule is issued under Marketing                 local area and are thus in a position to              continue in effect indefinitely unless
                                                    Agreement No. 98 and Order No. 945,                     formulate an appropriate budget and                   modified, suspended, or terminated by
                                                    both as amended (7 CFR part 945),                       assessment rate. The assessment rate is               USDA upon recommendation and
                                                    regulating the handling of Irish potatoes               formulated and discussed in a public                  information submitted by the
                                                    grown in certain designated counties in                 meeting. Thus, all directly affected                  Committee or other available
                                                    Idaho, and Malheur County, Oregon,                      persons have an opportunity to                        information.
                                                    hereinafter referred to as the ‘‘order.’’               participate and provide input.                           Although this assessment rate would
                                                    The order is effective under the                           For the 2014–2015 and subsequent                   be in effect for an indefinite period, the
                                                    Agricultural Marketing Agreement Act                    fiscal periods, the Committee                         Committee would continue to meet
                                                    of 1937, as amended (7 U.S.C. 601–674),                 recommended, and USDA approved, an                    prior to or during each fiscal period to
                                                    hereinafter referred to as the ‘‘Act.’’                 assessment rate that would continue in                recommend a budget of expenses and
                                                      The Department of Agriculture                         effect from fiscal period to fiscal period            consider recommendations for
                                                    (USDA) is issuing this proposed rule in                 unless modified, suspended, or                        modification of the assessment rate. The
                                                    conformance with Executive Orders                       terminated by USDA upon                               dates and times of Committee meetings
                                                    12866, 13563, and 13175.                                recommendation and information                        are available from the Committee or
                                                      This proposed rule has been reviewed                  submitted by the Committee or other                   USDA. Committee meetings are open to
                                                    under Executive Order 12988, Civil                      information available to USDA.                        the public and interested persons may
                                                    Justice Reform. Under the marketing                        The Committee met on November 9,                   express their views at these meetings.
                                                    order now in effect, Idaho-Eastern                      2016, to consider the Committee’s                     USDA would evaluate Committee
                                                    Oregon potato handlers are subject to                   projected 2017–2018 financial                         recommendations and other available
                                                    assessments. Funds to administer the                    requirements, the size of the                         information to determine whether
                                                    order are derived from such                             Committee’s operating reserve, and the                modification of the assessment rate is
                                                    assessments. It is intended that the                    order’s continuing assessment rate. The               needed. Further rulemaking would be
                                                    assessment rate as proposed herein                      Committee unanimously recommended                     undertaken as necessary. The
                                                    would be applicable to all assessable                   an assessment rate of $0.002 per                      Committee’s 2017–2018 budget, and
                                                    potatoes beginning August 1, 2017, and                  hundredweight of potatoes for the 2017–               those for subsequent fiscal periods,
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                                                    continue until amended, suspended, or                   2018 fiscal period. The assessment rate               would be reviewed and, as appropriate,
                                                    terminated.                                             of $0.002 is $0.0005 lower than the rate              approved by USDA.
                                                      The Act provides that administrative                  currently in effect. The assessment rate
                                                    proceedings must be exhausted before                    decrease is necessary to reduce the                   Initial Regulatory Flexibility Analysis
                                                    parties may file suit in court. Under                   funds held in reserve to less than                      Pursuant to requirements set forth in
                                                    section 608c(15)(A) of the Act, any                     approximately one fiscal period’s                     the Regulatory Flexibility Act (RFA) (5
                                                    handler subject to an order may file                    budgeted expenses, the maximum level                  U.S.C. 601–612), the Agricultural
                                                    with USDA a petition stating that the                   allowed by the order.                                 Marketing Service (AMS) has


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                                                                            Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Proposed Rules                                          14487

                                                    considered the economic impact of this                  Idaho-Eastern Oregon potato handlers                  forward. The Committee debated
                                                    proposed rule on small entities.                        may be classified as small entities.                  between suspending assessments for
                                                    Accordingly, AMS has prepared this                         This proposed rule would decrease                  one year and recommending the
                                                    initial regulatory flexibility analysis.                the assessment rate established for the               assessment rate be lowered to $0.002
                                                       The purpose of the RFA is to fit                     Committee and collected from handlers                 per hundredweight of potatoes. Based
                                                    regulatory actions to the scale of                      for the 2017–2018 and subsequent fiscal               on the market and shipping quantities,
                                                    businesses subject to such actions in                   periods from $0.0025 to $0.002 per                    the Committee recommended the rate of
                                                    order that small businesses will not be                 hundredweight of potatoes. The                        $0.002 per hundredweight. The
                                                    unduly or disproportionately burdened.                  Committee unanimously recommended                     Committee believes this assessment rate,
                                                    Marketing orders issued pursuant to the                 an assessment rate of $0.002 per                      in combination with other income,
                                                    Act, and the rules issued thereunder, are               hundredweight of potatoes for the 2017–               interest earned, and funds utilized from
                                                    unique in that they are brought about                   2018 fiscal period. The assessment rate               the Committee’s financial reserve,
                                                    through group action of essentially                     of $0.002 per hundredweight is $0.0005                would provide sufficient funds to meet
                                                    small entities acting on their own                      lower than the rate for the 2016–2017                 its expenses.
                                                    behalf.                                                 fiscal period. The quantity of assessable                A review of historical information and
                                                       There are approximately 450                          potatoes for the 2017–2018 fiscal period              preliminary information pertaining to
                                                    producers of potatoes in the production                 is estimated at 32 million                            the upcoming fiscal period indicates
                                                    area and approximately 32 handlers                      hundredweight. Thus, the $0.002 rate                  that the producer price for the 2017 crop
                                                    subject to regulation under the                         should provide $64,000 in assessment                  could range between $6.00 and $9.00
                                                    marketing order. Small agricultural                     income. Income derived from handler                   per hundredweight of potatoes.
                                                    producers are defined by the Small                      assessments, along with other income,                 Therefore, the estimated assessment
                                                    Business Administration (13 CFR                         interest earned, and funds from the                   revenue for the 2017–2018 fiscal period
                                                    121.201) as those having annual receipts                Committee’s authorized reserve, would                 as a percentage of total producer
                                                    less than $750,000, and small                           be adequate to cover budgeted expenses.               revenue could range between 0.022 and
                                                                                                               The Committee adopted a budget of                  0.033 percent.
                                                    agricultural service firms are defined as
                                                                                                            $119,075 for the 2016–2017 fiscal                        This action would decrease the
                                                    those whose annual receipts are less
                                                                                                            period and expects to recommend a                     assessment obligation imposed on
                                                    than $7,500,000.
                                                                                                            similar amount in budgeted                            handlers. Assessments are applied
                                                       During the 2015–2016 fiscal period,                  expenditures for the 2017–2018 fiscal                 uniformly on all handlers, and some of
                                                    the most recent full year of statistics                 period at its next scheduled meeting in               the costs may be passed on to
                                                    available, 33,606,000 hundredweight of                  June 2017. The major budgeted                         producers. However, decreasing the
                                                    Idaho-Eastern Oregon potatoes were                      expenditures for the 2016–2017 year                   assessment rate would reduce the
                                                    inspected under the order and sold into                 include $68,638 for administrative                    burden on handlers, and may reduce the
                                                    the fresh market. Based on information                  expenses, $35,437 for travel/office                   burden on producers. In addition, the
                                                    provided by the National Agricultural                   expenses, and $15,000 for marketing                   Committee’s meeting was widely
                                                    Statistics Service, the average producer                order contingency. Budgeted expenses                  publicized throughout the Idaho-Eastern
                                                    price for the 2015 Idaho potato crop (the               for these items in 2015–2016 were                     Oregon potato industry and all
                                                    most recent full marketing year                         $64,901, $37,340, and $15,000,                        interested persons were invited to
                                                    recorded) was $7.00 per hundredweight.                  respectively.                                         attend the meeting and participate in
                                                    Multiplying $7.00 by the shipment                          The lower assessment rate is                       Committee deliberations on all issues.
                                                    quantity of 33,606,000 hundredweight                    necessary to reduce the reserve balance               Like all Committee meetings, the
                                                    yields an annual crop revenue estimate                  to less than approximately one fiscal                 November 9, 2016, meeting was a public
                                                    of $235,242,000. The average annual                     period’s budgeted expenses. The reserve               meeting and all entities, both large and
                                                    fresh potato revenue for each of the 450                balance on July 31, 2017, is projected to             small, were able to express views on
                                                    producers is therefore calculated to be                 be $158,275. Assessment income for the                this issue. Finally, interested persons
                                                    $522,760 ($235,242,000 divided by 450),                 2017–2018 fiscal period is estimated at               are invited to submit comments on this
                                                    which is less than the Small Business                   $64,000, while expenses are estimated                 proposed rule, including the regulatory
                                                    Administration threshold of $750,000.                   to be $119,075. The Committee                         and informational impacts of this action
                                                    Consequently, on average, a majority of                 anticipates compensating for the                      on small businesses.
                                                    the Idaho-Eastern Oregon potato                         reduced assessment revenue with                          In accordance with the Paperwork
                                                    producers may be classified as small                    $5,100 from miscellaneous income,                     Reduction Act of 1995, (44 U.S.C.
                                                    entities.                                               $100 from interest income, and $49,875                Chapter 35), the order’s information
                                                       In addition, based on information                    from its reserve fund. The reserve fund               collection requirements have been
                                                    reported by USDA’s Market News                          is projected to be under the maximum                  previously approved by the Office of
                                                    Service, the average free-on-board                      authorized level at the end of the 2017–              Management and Budget (OMB) and
                                                    (f.o.b.) shipping point price for the 2015              2018 fiscal period.                                   assigned OMB No. 0581–0178 (Generic
                                                    Idaho potato crop was $7.47 per                            The Committee discussed alternatives               Vegetable and Specialty Crops). No
                                                    hundredweight. Multiplying $7.47 by                     to this proposed change, including                    changes in those requirements as a
                                                    the shipment quantity of 33,606,000                     suspending assessments for one year,                  result of this action are necessary.
                                                    hundredweight yields an annual crop                     recommending other assessment rate                    Should any changes become necessary,
                                                    revenue estimate of $251,036,820. The                   levels, and leaving the current rate in               they would be submitted to OMB for
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                                                    average annual fresh potato revenue for                 place. Prior to arriving at this                      approval.
                                                    each of the 32 handlers is therefore                    assessment rate recommendation, the                      This proposed rule would impose no
                                                    calculated to be $7,844,900                             Committee considered information from                 additional reporting or recordkeeping
                                                    ($251,036,820 divided by 32), which is                  the Board’s Executive Committee on the                requirements on either small or large
                                                    slightly more than the Small Business                   cost savings resulting from recent                    Idaho-Eastern Oregon potato handlers.
                                                    Administration threshold of $7,500,000.                 administrative changes in the                         As with all Federal marketing order
                                                    Given the likelihood that there may be                  Committee office and the level of                     programs, reports and forms are
                                                    several large handlers, some of the                     anticipated Committee expenses moving                 periodically reviewed to reduce


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                                                    14488                   Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Proposed Rules

                                                    information requirements and                              Dated: March 15, 2017.                              PC–12, CH–6371 Stans, Switzerland;
                                                    duplication by industry and public                      Bruce Summers,                                        phone: +41 41 619 33 33; fax: +41 41
                                                    sector agencies.                                        Acting Administrator, Agricultural Marketing          619 73 11; email: SupportPC12@pilatus-
                                                       AMS is committed to complying with                   Service.                                              aircraft.com; Internet: www.pilatus-
                                                    the E-Government Act, to promote the                    [FR Doc. 2017–05482 Filed 3–20–17; 8:45 am]           aircraft.com. You may review this
                                                    use of the internet and other                           BILLING CODE 3410–02–P                                referenced service information at the
                                                    information technologies to provide                                                                           FAA, Small Airplane Directorate, 901
                                                    increased opportunities for citizen                                                                           Locust, Kansas City, Missouri 64106.
                                                    access to Government information and                    DEPARTMENT OF TRANSPORTATION                          For information on the availability of
                                                    services, and for other purposes.                                                                             this material at the FAA, call (816) 329–
                                                                                                            Federal Aviation Administration                       4148.
                                                       USDA has not identified any relevant
                                                    Federal rules that duplicate, overlap, or                                                                     Examining the AD Docket
                                                    conflict with this action.                              14 CFR Part 39
                                                                                                                                                                     You may examine the AD docket on
                                                       A small business guide on complying                  [Docket No. FAA–2017–0194; Directorate                the Internet at http://
                                                    with fruit, vegetable, and specialty crop               Identifier 2017–CE–006–AD]                            www.regulations.gov by searching for
                                                    marketing agreements and orders may                     RIN 2120–AA64                                         and locating Docket No. FAA–2017–
                                                    be viewed at: http://www.ams.usda.gov/                                                                        0194; or in person at the Docket
                                                    rules-regulations/moa/small-businesses.                 Airworthiness Directives; PILATUS                     Management Facility between 9 a.m.
                                                    Any questions about the compliance                      AIRCRAFT LTD. Airplanes                               and 5 p.m., Monday through Friday,
                                                    guide should be sent to Richard Lower                                                                         except Federal holidays. The AD docket
                                                    at the previously mentioned address in                  AGENCY: Federal Aviation                              contains this proposed AD, the
                                                    the FOR FURTHER INFORMATION CONTACT                     Administration (FAA), Department of                   regulatory evaluation, any comments
                                                                                                            Transportation (DOT).                                 received, and other information. The
                                                    section.
                                                                                                            ACTION: Notice of proposed rulemaking                 street address for the Docket Office
                                                       A 30-day comment period is provided
                                                                                                            (NPRM).                                               (telephone (800) 647–5527) is in the
                                                    to allow interested persons to respond
                                                    to this proposed rule. Thirty days is                                                                         ADDRESSES section. Comments will be
                                                                                                            SUMMARY:   We propose to adopt a new
                                                    deemed appropriate because: (1) The                                                                           available in the AD docket shortly after
                                                                                                            airworthiness directive (AD) for
                                                    2017–2018 fiscal period begins on                                                                             receipt.
                                                                                                            PILATUS AIRCRAFT LTD. Model PC–
                                                    August 1, 2017, and the marketing order                                                                       FOR FURTHER INFORMATION CONTACT:
                                                                                                            12/47E airplanes. This proposed AD
                                                    requires that the rate of assessment for                results from mandatory continuing                     Doug Rudolph, Aerospace Engineer,
                                                    each fiscal period apply to all assessable              airworthiness information (MCAI)                      FAA, Small Airplane Directorate, 901
                                                    potatoes handled during such fiscal                     originated by an aviation authority of                Locust, Room 301, Kansas City,
                                                    period; (2) the proposed rule would                     another country to identify and correct               Missouri 64106; telephone: (816) 329–
                                                    decrease the assessment rate for                                                                              4059; fax: (816) 329–4090; email:
                                                                                                            an unsafe condition on an aviation
                                                    assessable potatoes beginning with the                                                                        doug.rudolph@faa.gov.
                                                                                                            product. The MCAI describes the unsafe
                                                    2017–2018 fiscal period; and (3)                        condition as an error within the flight               SUPPLEMENTARY INFORMATION:
                                                    handlers are aware of this action which                 management system caused by                           Comments Invited
                                                    was unanimously recommended by the                      installing Primus APEX software Build
                                                    Committee at a public meeting and is                                                                            We invite you to send any written
                                                                                                            10 or 10.9, which could cause deviation               relevant data, views, or arguments about
                                                    similar to other assessment rate actions                from the correctly calculated barometric
                                                    issued in past years.                                                                                         this proposed AD. Send your comments
                                                                                                            vertical navigation nominal glide path.               to an address listed under the
                                                    List of Subjects in 7 CFR Part 945                      We are issuing this proposed AD to                    ADDRESSES section. Include ‘‘Docket No.
                                                                                                            require actions to address the unsafe                 FAA–2017–0194; Directorate Identifier
                                                      Marketing agreements, Potatoes,                       condition on these products.                          2017–CE–006–AD’’ at the beginning of
                                                    Reporting and recordkeeping                             DATES: We must receive comments on                    your comments. We specifically invite
                                                    requirements.                                           this proposed AD by May 5, 2017.                      comments on the overall regulatory,
                                                      For the reasons set forth in the                      ADDRESSES: You may send comments by                   economic, environmental, and energy
                                                    preamble, 7 CFR part 945 is proposed to                 any of the following methods:                         aspects of this proposed AD. We will
                                                    be amended as follows:                                    • Federal eRulemaking Portal: Go to                 consider all comments received by the
                                                                                                            http://www.regulations.gov. Follow the                closing date and may amend this
                                                    PART 945—IRISH POTATOES GROWN                           instructions for submitting comments.                 proposed AD because of those
                                                    IN CERTAIN DESIGNATED COUNTIES                            • Fax: (202) 493–2251.                              comments.
                                                    IN IDAHO, AND MALHEUR COUNTY,                              • Mail: U.S. Department of                           We will post all comments we
                                                    OREGON                                                  Transportation, Docket Operations, M–                 receive, without change, to http://
                                                                                                            30, West Building Ground Floor, Room                  regulations.gov, including any personal
                                                    ■ 1. The authority citation for 7 CFR                   W12–140, 1200 New Jersey Avenue SE.,                  information you provide. We will also
                                                    part 945 continues to read as follows:                  Washington, DC 20590.                                 post a report summarizing each
                                                        Authority: 7 U.S.C. 601–674.                           • Hand Delivery: U.S. Department of                substantive verbal contact we receive
                                                                                                            Transportation, Docket Operations, M–                 about this proposed AD.
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                                                    ■ 2. Section 945.249 is revised to read                 30, West Building Ground Floor, Room
                                                    as follows:                                             W12–140, 1200 New Jersey Avenue SE.,                  Discussion
                                                                                                            Washington, DC 20590, between 9 a.m.                     The European Aviation Safety Agency
                                                    § 945.249    Assessment rate.
                                                                                                            and 5 p.m., Monday through Friday,                    (EASA), which is the Technical Agent
                                                      On and after August 1, 2017, an                       except Federal holidays.                              for the Member States of the European
                                                    assessment rate of $0.002 per                              For service information identified in              Community, has issued EASA AD No.
                                                    hundredweight is established for Idaho-                 this proposed AD, contact PILATUS                     2017–0024, dated February 13, 2017
                                                    Eastern Oregon potatoes.                                AIRCRAFT LTD., Customer Support                       (referred to after this as ‘‘the MCAI’’), to


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Document Created: 2017-03-21 01:09:26
Document Modified: 2017-03-21 01:09:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received by April 20, 2017.
ContactBarry Broadbent, Senior Marketing Specialist, or Gary D. Olson, Regional Director, 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 Citation82 FR 14485 
CFR AssociatedMarketing Agreements; Potatoes and Reporting and Recordkeeping Requirements

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