82 FR 31244 - Sweet Onions Grown in the Walla Walla Valley of Southeast Washington and Northeast Oregon; Decreased Assessment Rate

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 82, Issue 128 (July 6, 2017)

Page Range		31244-31245
FR Document		2017-14177

The Department of Agriculture is adopting, as a final rule, without change, an interim rule that implemented a recommendation from the Walla Walla Sweet Onion Marketing Committee (Committee) to decrease the assessment rate established for the 2017 and subsequent fiscal periods from $0.22 to $0.10 per 50-pound bag or equivalent of sweet onions handled. The Committee locally administers the marketing order and is comprised of producers and handlers of sweet onions operating within the area of production along with one public member. 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 82 Issue 128 (Thursday, July 6, 2017)

[Federal Register Volume 82, Number 128 (Thursday, July 6, 2017)]
[Rules and Regulations]
[Pages 31244-31245]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14177]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 956

[Doc. No. AMS-SC-16-0116; SC17-956-1 FIR]


Sweet Onions Grown in the Walla Walla Valley of Southeast 
Washington and Northeast Oregon; Decreased Assessment Rate

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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

SUMMARY: The Department of Agriculture is adopting, as a final rule, 
without change, an interim rule that implemented a recommendation from 
the Walla Walla Sweet Onion Marketing Committee (Committee) to decrease 
the assessment rate established for the 2017 and subsequent fiscal 
periods from $0.22 to $0.10 per 50-pound bag or equivalent of sweet 
onions handled. The Committee locally administers the marketing order 
and is comprised of producers and handlers of sweet onions operating 
within the area of production along with one public member. 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 July 7, 2017.

FOR FURTHER INFORMATION CONTACT: Teresa Hutchinson or Gary Olson, 
Northwest Marketing Field Office, Marketing Order and Agreement 
Division, Specialty Crops Program, AMS, USDA; Telephone: (503) 326-
2724, Fax: (503) 326-7440, or Email: [email protected] or 
[email protected].
    Small businesses may obtain information on complying with this and 
other marketing order regulations 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. 956, as amended (7 CFR part 956), regulating 
the handling of sweet onions grown in the Walla Walla Valley of 
southeast Washington and northeast 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 rule in 
conformance with Executive Orders 12866, 13771, 13563, and 13175.
    This action falls within a category of regulatory actions that the 
Office of Management and Budget (OMB) exempted from Executive Order 
12866 review. Additionally, because this rule does not meet the 
definition of a significant regulatory action, it does not trigger the 
requirements contained in Executive Order 13771. See OMB's Memorandum 
titled ``Interim Guidance Implementing Section 2 of the Executive Order 
of January 30, 2017, titled `Reducing Regulation and Controlling 
Regulatory Costs' '' (February 2, 2017).
    Under the order, Walla Walla sweet onion handlers are subject to 
assessments. Funds to administer the order are derived from such 
assessments. Assessment rates issued under the order are intended to be 
applicable to all assessable Walla Walla sweet onions for the entire 
fiscal period and continue indefinitely until amended, suspended, or 
terminated. The Committee's fiscal period begins on January 1 and ends 
on December 31.
    In an interim rule published in the Federal Register on February 
27, 2017, and effective on February 28, 2017 (82 FR 11789), Sec.  
956.202 was amended by decreasing the assessment rate established for 
Walla Walla sweet onions for the 2017 and subsequent fiscal periods 
from $0.22 to $0.10 per 50-pound bag or equivalent. The decrease in the 
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 9 handlers of Walla Walla sweet onions subject to 
regulation under the order and approximately 30 producers in the 
regulated production area. Small agricultural service firms are defined 
by the Small Business Administration as those having annual receipts of 
less than $7,500,000, and small agricultural producers are defined as 
those having annual receipts of less than $750,000 (13 CFR 121.201).
    During the 2016 marketing year, the Committee reported that 
approximately 304,500 50-pound bags or equivalents of Walla Walla sweet 
onions were shipped into the fresh market. Based on information 
reported by USDA's Market News Service, the average 2016 marketing year 
f.o.b. shipping point price for the Walla Walla sweet onions was $19.55 
per 50-pound equivalent. Multiplying the $19.55 average price by the 
shipment quantity of 304,500 50-pound equivalents yields an annual crop 
revenue estimate of $5,952,975. The average annual revenue for each of 
the 9 handlers is therefore calculated to be $661,442 ($5,952,975 
divided by 9), which is considerably less than the Small Business 
Administration threshold of $7,500,000. Consequently, all of the Walla 
Walla sweet onion handlers could be classified as small entities.
    In addition, based on information provided by the National 
Agricultural Statistics Service (NASS), the average producer price for 
Walla Walla sweet

[[Page 31245]]

onions for the 2011 through 2015 marketing years is $16.24 per 50-pound 
equivalent. NASS has not released data regarding the 2016 marketing 
year at this time. Multiplying the 2011-2015 marketing year average 
price of $16.24 by the estimated 2017 marketing year shipments of 
325,000 50-pound equivalents yields an annual crop revenue estimate of 
$5,278,000. The estimated average annual revenue for each of the 30 
producers is therefore calculated to be approximately $175,933 
($5,278,000 divided by 30), which is less than the Small Business 
Administration threshold of $750,000. In view of the foregoing, the 
majority of Walla Walla sweet onion producers, and all of the Walla 
Walla sweet onion handlers, may be classified as small entities.
    This rule continues in effect the action that decreased the 
assessment rate established for the Committee and collected from 
handlers for the 2017 and subsequent fiscal periods from $0.22 to $0.10 
per 50-pound bag or equivalent of Walla Walla sweet onions handled. The 
Committee also unanimously recommended 2017 expenditures of $93,250. 
The assessment rate of $0.10 is $0.12 lower than the previously 
established assessment rate. Applying the $0.10 per 50-pound bag or 
equivalent assessment rate to the Committee's 325,000 50-pound bag or 
equivalent crop estimate should provide $32,500 in assessment income. 
Thus, income derived from handler assessments, along with interest, 
other income, and funds from the Committee's authorized reserve, will 
be adequate to cover 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 Walla Walla sweet onion industry, and all interested 
persons were invited to attend the meeting and participate in Committee 
deliberations on all issues. Like all Committee meetings, the December 
6, 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 OMB and assigned OMB No. 0581-0178, 
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 action imposes no additional reporting or recordkeeping 
requirements on either small or large Walla Walla sweet onion 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 April 28, 2017. One comment was received during the comment 
period from an individual who was outside of the regulated production 
area. The comment was generally opposed to all government regulation. 
In the comment, the commenter failed to specifically address any of the 
merits of the rule. Accordingly, no changes have been made to the rule, 
based on the comment 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-16-0116-0001.
    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 
hereby found that finalizing the interim rule, without change, as 
published in the Federal Register (82 FR 11789, February 27, 2017) will 
tend to effectuate the declared policy of the Act.

List of Subjects in 7 CFR Part 956

    Marketing agreements, Onions, Reporting and recordkeeping 
requirements.

PART 956--SWEET ONIONS GROWN IN THE WALLA WALLA VALLEY IN SOUTHEAST 
WASHINGTON AND NORTHEAST OREGON

0
Accordingly, the interim rule amending 7 CFR part 956, which was 
published at 82 FR 11789 on February 27, 2017, is adopted as final 
without change.

    Dated: June 29, 2017.
Bruce Summers,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2017-14177 Filed 7-5-17; 8:45 am]
BILLING CODE 3410-02-P

31244 Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Rules and Regulations

■ a. Removing paragraph (a)(10); and FOR FURTHER INFORMATION CONTACT: FR 11789), § 956.202 was amended by
■ b. Redesignating paragraphs (a)(11) Teresa Hutchinson or Gary Olson, decreasing the assessment rate
through (23) as paragraphs (a)(10) Northwest Marketing Field Office, established for Walla Walla sweet
through (22). Marketing Order and Agreement onions for the 2017 and subsequent
Division, Specialty Crops Program, fiscal periods from $0.22 to $0.10 per
§ 205.605 [Amended] AMS, USDA; Telephone: (503) 326– 50-pound bag or equivalent. The
■ 4. Amend § 205.605(b) by removing 2724, Fax: (503) 326–7440, or Email: decrease in the assessment rate allows
the substance ‘‘Magnesium carbonate— Teresa.Hutchinson@ams.usda.gov or the Committee to reduce its financial
for use only in agricultural products GaryD.Olson@ams.usda.gov. reserve while still providing adequate
labeled ‘‘made with organic (specified Small businesses may obtain funding to meet program expenses.
ingredients or food group(s)),’’ information on complying with this and
prohibited in agricultural products Final Regulatory Flexibility Analysis
other marketing order regulations by
labeled ‘‘organic’’.’’ viewing a guide at the following Web Pursuant to requirements set forth in
site: http://www.ams.usda.gov/rules- the Regulatory Flexibility Act (RFA) (5
§ 205.606 [Amended] U.S.C. 601–612), the Agricultural
regulations/moa/small-businesses; or by
■ 5. Amend § 205.606 by: contacting Richard Lower, Marketing Marketing Service (AMS) has
■ a. Removing paragraphs (c), (e), (h), Order and Agreement Division, considered the economic impact of this
(o), and (s); and Specialty Crops Program, AMS, USDA, rule on small entities. Accordingly,
■ b. Redesignating paragraphs (d), (f), AMS has prepared this final regulatory
1400 Independence Avenue SW., STOP
(g), (i) through (n), (p) through (r), and 0237, Washington, DC 20250–0237; flexibility analysis.
(t) through (y) as paragraphs (c) through Telephone: (202) 720–2491, Fax: (202) The purpose of the RFA is to fit
(t), respectively. 720–8938, or Email: Richard.Lower@ regulatory actions to the scale of
Dated: June 28, 2017. ams.usda.gov. businesses subject to such actions in
order that small businesses will not be
Bruce Summers, SUPPLEMENTARY INFORMATION: This rule unduly or disproportionately burdened.
Acting Administrator, Agricultural Marketing is issued under Marketing Agreement Marketing orders issued pursuant to the
Service. and Order No. 956, as amended (7 CFR Act, and the rules issued thereunder, are
[FR Doc. 2017–14006 Filed 7–5–17; 8:45 am] part 956), regulating the handling of unique in that they are brought about
BILLING CODE 3410–02–P sweet onions grown in the Walla Walla through group action of essentially
Valley of southeast Washington and small entities acting on their own
northeast Oregon, hereinafter referred to behalf.
DEPARTMENT OF AGRICULTURE as the ‘‘order.’’ The order is effective There are 9 handlers of Walla Walla
under the Agricultural Marketing sweet onions subject to regulation under
Agricultural Marketing Service
Agreement Act of 1937, as amended (7 the order and approximately 30
U.S.C. 601–674), hereinafter referred to producers in the regulated production
7 CFR Part 956
as the ‘‘Act.’’ area. Small agricultural service firms are
The Department of Agriculture defined by the Small Business
[Doc. No. AMS–SC–16–0116; SC17–956–1
FIR] (USDA) is issuing this rule in Administration as those having annual
conformance with Executive Orders receipts of less than $7,500,000, and
Sweet Onions Grown in the Walla 12866, 13771, 13563, and 13175. small agricultural producers are defined
Walla Valley of Southeast Washington This action falls within a category of as those having annual receipts of less
and Northeast Oregon; Decreased regulatory actions that the Office of than $750,000 (13 CFR 121.201).
Assessment Rate Management and Budget (OMB) During the 2016 marketing year, the
exempted from Executive Order 12866 Committee reported that approximately
AGENCY: Agricultural Marketing Service, review. Additionally, because this rule 304,500 50-pound bags or equivalents of
USDA. does not meet the definition of a Walla Walla sweet onions were shipped
ACTION: Affirmation of interim rule as significant regulatory action, it does not into the fresh market. Based on
final rule. trigger the requirements contained in information reported by USDA’s Market
Executive Order 13771. See OMB’s News Service, the average 2016
SUMMARY: The Department of Memorandum titled ‘‘Interim Guidance marketing year f.o.b. shipping point
Agriculture is adopting, as a final rule, Implementing Section 2 of the Executive price for the Walla Walla sweet onions
without change, an interim rule that Order of January 30, 2017, titled was $19.55 per 50-pound equivalent.
implemented a recommendation from ‘Reducing Regulation and Controlling Multiplying the $19.55 average price by
the Walla Walla Sweet Onion Marketing Regulatory Costs’ ’’ (February 2, 2017). the shipment quantity of 304,500 50-
Committee (Committee) to decrease the Under the order, Walla Walla sweet pound equivalents yields an annual
assessment rate established for the 2017 onion handlers are subject to crop revenue estimate of $5,952,975.
and subsequent fiscal periods from assessments. Funds to administer the The average annual revenue for each of
$0.22 to $0.10 per 50-pound bag or order are derived from such the 9 handlers is therefore calculated to
equivalent of sweet onions handled. The assessments. Assessment rates issued be $661,442 ($5,952,975 divided by 9),
Committee locally administers the under the order are intended to be which is considerably less than the
marketing order and is comprised of applicable to all assessable Walla Walla Small Business Administration
producers and handlers of sweet onions sweet onions for the entire fiscal period threshold of $7,500,000. Consequently,
jstallworth on DSK7TPTVN1PROD with RULES

operating within the area of production and continue indefinitely until all of the Walla Walla sweet onion
along with one public member. The amended, suspended, or terminated. handlers could be classified as small
interim rule was necessary to allow the The Committee’s fiscal period begins on entities.
Committee to reduce its financial January 1 and ends on December 31. In addition, based on information
reserve while still providing adequate In an interim rule published in the provided by the National Agricultural
funding to meet program expenses. Federal Register on February 27, 2017, Statistics Service (NASS), the average
DATES: Effective July 7, 2017. and effective on February 28, 2017 (82 producer price for Walla Walla sweet

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Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Rules and Regulations 31245

onions for the 2011 through 2015 Chapter 35), the order’s information 27, 2017, is adopted as final without
marketing years is $16.24 per 50-pound collection requirements have been change.
equivalent. NASS has not released data previously approved by the OMB and Dated: June 29, 2017.
regarding the 2016 marketing year at assigned OMB No. 0581–0178, Bruce Summers,
this time. Multiplying the 2011–2015 Vegetable and Specialty Crops. No
Acting Administrator, Agricultural Marketing
marketing year average price of $16.24 changes in those requirements as a Service.
by the estimated 2017 marketing year result of this action are necessary.
[FR Doc. 2017–14177 Filed 7–5–17; 8:45 am]
shipments of 325,000 50-pound Should any changes become necessary,
BILLING CODE 3410–02–P
equivalents yields an annual crop they would be submitted to OMB for
revenue estimate of $5,278,000. The approval.
estimated average annual revenue for This action imposes no additional
each of the 30 producers is therefore reporting or recordkeeping requirements DEPARTMENT OF TRANSPORTATION
calculated to be approximately $175,933 on either small or large Walla Walla
($5,278,000 divided by 30), which is sweet onion handlers. As with all Federal Aviation Administration
less than the Small Business Federal marketing order programs,
Administration threshold of $750,000. reports and forms are periodically 14 CFR Part 39
In view of the foregoing, the majority of reviewed to reduce information [Docket No. FAA–2016–3984; Directorate
Walla Walla sweet onion producers, and requirements and duplication by Identifier 2014–NM–119–AD; Amendment
all of the Walla Walla sweet onion industry and public sector agencies. 39–18945; AD 2017–14–01]
handlers, may be classified as small USDA has not identified any relevant
entities. RIN 2120–AA64
Federal rules that duplicate, overlap, or
This rule continues in effect the conflict with this rule.
action that decreased the assessment Airworthiness Directives; Airbus
Comments on the interim rule were Airplanes
rate established for the Committee and required to be received on or before
collected from handlers for the 2017 and April 28, 2017. One comment was AGENCY: Federal Aviation
subsequent fiscal periods from $0.22 to received during the comment period Administration (FAA), Department of
$0.10 per 50-pound bag or equivalent of from an individual who was outside of Transportation (DOT).
Walla Walla sweet onions handled. The the regulated production area. The ACTION: Final rule.
Committee also unanimously comment was generally opposed to all
recommended 2017 expenditures of government regulation. In the comment, SUMMARY: We are superseding
$93,250. The assessment rate of $0.10 is the commenter failed to specifically Airworthiness Directive (AD) 2013–10–
$0.12 lower than the previously address any of the merits of the rule. 03, which applied to all Airbus Model
established assessment rate. Applying Accordingly, no changes have been A330–200, –200 Freighter, and –300
the $0.10 per 50-pound bag or made to the rule, based on the comment series airplanes; and Model A340–200,
equivalent assessment rate to the received. –300, –500, and –600 series airplanes.
Committee’s 325,000 50-pound bag or Therefore, for reasons given in the AD 2013–10–03 required one-time
equivalent crop estimate should provide interim rule, we are adopting the inspections for deformation and damage
$32,500 in assessment income. Thus, interim rule as a final rule, without of the bogie beams of the main landing
income derived from handler change. gear (MLG); repetitive inspections for
assessments, along with interest, other To view the interim rule, go to: damage and corrosion of the sliding
income, and funds from the https://www.regulations.gov/ piston sub-assembly on certain
Committee’s authorized reserve, will be document?D=AMS-SC-16-0116-0001. airplanes; and related investigative and
adequate to cover budgeted expenses. This action also affirms information corrective actions if necessary. This new
This action will allow the Committee to contained in the interim rule concerning AD removes Model A340–500 and 600
reduce its financial reserve while still Executive Orders 12866, 12988, 13175, series airplanes from the applicability;
providing adequate funding to meet and 13563; the Paperwork Reduction removes certain one-time inspections of
program expenses. Act (44 U.S.C. Chapter 35); and the E- the MLG bogie beams and the sliding
This rule continues in effect the Gov Act (44 U.S.C. 101). piston sub-assembly; revises certain
action that decreased the assessment After consideration of all relevant compliance times; and requires
obligation imposed on handlers. material presented, it is hereby found replacement of certain MLGs with MLGs
Assessments are applied uniformly on that finalizing the interim rule, without having an improved bogie beam, which
all handlers, and some of the costs may change, as published in the Federal constitutes terminating action for the
be passed on to producers. However, Register (82 FR 11789, February 27, repetitive inspections on the modified
decreasing the assessment rate reduces 2017) will tend to effectuate the MLG. This AD was prompted by reports
the burden on handlers and may reduce declared policy of the Act. of corroded and cracked bogie beams
the burden on producers. under the bogie stop pad. We are issuing
In addition, the Committee’s meeting List of Subjects in 7 CFR Part 956
this AD to address the unsafe condition
was widely publicized throughout the Marketing agreements, Onions, on these products.
Walla Walla sweet onion industry, and Reporting and recordkeeping
all interested persons were invited to DATES: This AD is effective August 10,
requirements. 2017.
attend the meeting and participate in
Committee deliberations on all issues. PART 956—SWEET ONIONS GROWN The Director of the Federal Register
jstallworth on DSK7TPTVN1PROD with RULES

Like all Committee meetings, the IN THE WALLA WALLA VALLEY IN approved the incorporation by reference
December 6, 2016, meeting was a public SOUTHEAST WASHINGTON AND of certain publications listed in this AD
meeting, and all entities, both large and NORTHEAST OREGON as of August 10, 2017.
small, were able to express views on ADDRESSES: For Airbus service
this issue. ■ Accordingly, the interim rule information identified in this final rule,
In accordance with the Paperwork amending 7 CFR part 956, which was contact Airbus SAS, Airworthiness
Reduction Act of 1995 (44 U.S.C. published at 82 FR 11789 on February Office—EAL, 1 Rond Point Maurice

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Document Created: 2017-07-06 01:05:05
Document Modified: 2017-07-06 01:05:05

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Affirmation of interim rule as final rule.
Dates		Effective July 7, 2017.
Contact		Teresa Hutchinson or Gary Olson, Northwest Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (503) 326- 2724, Fax: (503) 326-7440, or Email: [email protected] or [email protected]
FR Citation		82 FR 31244
CFR Associated		Marketing Agreements; Onions and Reporting and Recordkeeping Requirements

82 FR 31244 - Sweet Onions Grown in the Walla Walla Valley of Southeast Washington and Northeast Oregon; Decreased Assessment Rate

DEPARTMENT OF AGRICULTUREAgricultural Marketing Service

Federal Register Volume 82, Issue 128 (July 6, 2017)

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service