82 FR 33775 - Walnuts Grown in California; Decreased Assessment Rate
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 82, Issue 139 (July 21, 2017)
Agricultural Marketing Service
Federal Register Volume 82, Issue 139 (July 21, 2017)
| Page Range | 33775-33778 | |
| FR Document | 2017-15304 |
[Federal Register Volume 82, Number 139 (Friday, July 21, 2017)] [Rules and Regulations] [Pages 33775-33778] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15304] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. ======================================================================== Federal Register / Vol. 82, No. 139 / Friday, July 21, 2017 / Rules and Regulations [[Page 33775]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 984 [Doc. No. AMS-SC-17-0031; SC17-984-1 IR] Walnuts Grown in California; Decreased Assessment Rate AGENCY: Agricultural Marketing Service, USDA. ACTION: Interim rule with request for comments. ----------------------------------------------------------------------- SUMMARY: This rule implements a recommendation from the California Walnut Board (Board) to decrease the assessment rate established for the 2017-18 and subsequent marketing years from $0.0465 to $0.0400 per kernelweight pound of assessable walnuts. The Board is comprised of growers and handlers of walnuts and locally administers the marketing order that regulates the handling of walnuts grown in California. The Board also has a public member who has no financial interest in walnut production or handling. Assessments upon walnut handlers are used by the Board to fund reasonable and necessary expenses of the program. The marketing year begins September 1 and ends August 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. DATES: Effective July 24, 2017. Comments received by September 19, 2017 will be considered prior to issuance of a final rule. ADDRESSES: Interested persons are invited to submit written comments concerning this 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 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 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: Terry Vawter, Senior Marketing Specialist, or Jeffrey Smutny, Regional Director, California Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (559) 487-5901, Fax: (559) 487-5906, or Email: [email protected] or [email protected]. Small businesses may request information on complying with this regulation by contacting Richard Lower, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: [email protected]. SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Order No. 984, as amended (7 CFR part 984), regulating the handling of walnuts grown in California, hereinafter referred to as the ``order.'' The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.'' The Department of Agriculture (USDA) is issuing this rule in conformance with Executive Orders 12866, 13563, and 13175. 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 the Office of Management and Budget's (OMB) Memorandum titled ``Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017, titled `Reducing Regulation and Controlling Regulatory Costs'[thinsp]'' (February 2, 2017). This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the marketing order now in effect, California walnut handlers are subject to assessments. Funds to administer the order are derived from such assessments. It is intended that the assessment rate will be applicable to all assessable walnuts beginning on September 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 will rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This rule decreases the assessment rate established for the Board for the 2017-18 and subsequent marketing years from $0.0465 to $0.0400 per kernelweight pound of assessable walnuts. The California walnut marketing order provides authority for the Board, with the approval of USDA, to formulate an annual budget of expenses and collect assessments from handlers to administer the program. All members of the Board, except the public member, are growers and handlers of California walnuts. They are familiar with the Board's needs and with the costs for goods and services in their local area and are thus in a position to formulate an appropriate budget and assessment rate. The assessment rate is formulated and discussed in a public meeting. Thus, all directly affected persons have an opportunity to participate and provide input. For the 2016-17 and subsequent marketing years, the Board recommended, and USDA approved, an assessment rate of $0.0465 per kernelweight pound of assessable walnuts that would continue in effect from year to year unless modified, suspended, or terminated by USDA upon recommendation and information [[Page 33776]] submitted by the Board or other information available to USDA. The Board met on May 31, 2017, and unanimously recommended 2017-18 expenditures of $24,140,000 and a decreased assessment rate of $0.0400 per kernelweight pound of assessable walnuts. In comparison, last year's budgeted expenditures were $23,143,050. The assessment rate of $0.0400 is $0.0065 per pound lower than the rate currently in effect. The quantity of assessable walnuts for the 2017-18 marketing year is estimated at a three-year average of 615,000 tons (inshell) or 553,500,000 kernelweight pounds, which is 62,000 tons more than the 553,000 tons assessed during the 2016-17 marketing year. At the recommended lower assessment rate of $0.0400 per kernelweight pound, the Board should collect approximately $22,140,000 in assessment income, which, when augmented with funds from the Board's monetary reserve, would be adequate to cover its 2017-18 budgeted expenses of $24,140,000. The following table compares major budget expenditures recommended by the Board for the 2016-17 and 2017-18 marketing years: ------------------------------------------------------------------------ Budget expense categories 2016-17 2017-18 ------------------------------------------------------------------------ Employee Expenses....................... $2,292,000 $1,787,000 Travel/Board Expenses/Annual Audit...... 206,000 192,000 Office Expenses......................... 262,000 265,000 Program Expenses, Including Research: Controlled Purchases................ 10,000 10,000 Crop Acreage Survey................. 0 103,000 Crop Estimate....................... 130,000 146,000 Production Research Director........ 175,000 98,000 Production Research................. 1,800,000 2,000,000 Sustainability Project.............. 75,000 0 Grades and Standards Research....... 800,000 825,000 Domestic Market Development......... 18,398,040 19,447,830 Reserve for Contingency............. 59,010 47,170 ------------------------------------------------------------------------ The assessment rate recommended by the Board was derived by dividing anticipated expenses by expected volumes of California walnuts certified as merchantable. The 615,000-ton (inshell) estimate for merchantable walnut receipts is an average of the three prior years' shipments. Section 984.69 of the order authorizes the Board to carry over excess funds into subsequent marketing years as a reserve, provided that funds already in the reserve do not exceed approximately two years' budgeted expenses. The reserve is estimated to be $14,909,800 at the end of the marketing year, well within the authorized reserve amount. The Board met on May 31, 2017, and unanimously approved using a three prior years' average walnut production volume to formulate the 2017-18 crop estimate. Pursuant to Sec. 984.51(b) of the order, this figure is converted to a merchantable kernelweight basis using a factor of 0.45 (615,000 tons x 2,000 pounds per ton x 0.45), which yields 553,500,000 kernelweight pounds. At $0.0400 per pound, the new assessment rate should generate $22,140,000 in assessment income. The assessment income, plus $2,000,000 from the Board's reserve, will be adequate to cover its budgeted expenses. The assessment rate established in this rule will continue in effect indefinitely unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the Board or other available information. Although this assessment rate is effective for an indefinite period, the Board will continue to meet prior to or during each marketing year to recommend a budget of expenses and consider recommendations for modification of the assessment rate. The dates and times of Board meetings are available from the Board or USDA. Board meetings are open to the public, and interested persons are encouraged to express their views at these meetings. USDA will evaluate Board recommendations and other available information to determine whether modification of the assessment rate is needed. Further rulemaking will be undertaken as necessary. The Board's 2017-18 budget and those for subsequent marketing years will 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 considered the economic impact of this action 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 5,700 growers of California walnuts in the production area and approximately 90 handlers subject to regulation under the marketing order. Small agricultural growers are defined by the Small Business Administration (SBA) as those whose annual receipts are less than $750,000, and small agricultural service firms are defined as those whose annual receipts are less than $7,500,000 (13 CFR 121.201). According to USDA's National Agricultural Statistics Service's (NASS) 2012 Census of Agriculture, approximately 86 percent of California's walnut farms were smaller than 100 acres. Further, NASS reports that the average yield for 2015 was 2.01 tons per acre, and the average price received for 2015 was $1,620 per ton. A 100-acre farm with an average yield of 2.01 tons per acre would, therefore, have been expected to produce about 201 tons of walnuts. At $1,620 per ton, that farm's production would have had an approximate value of $325,620. This is well below the SBA threshold of $750,000; thus, it may be concluded that the majority of California's walnut growers are considered small growers according to SBA's definition. According to information supplied by the industry, approximately two-thirds of California's walnut handlers shipped merchantable walnuts valued under $7,500,000 during the 2016-17 marketing year and would, therefore, be [[Page 33777]] considered small handlers according to the SBA definition. This rule decreases the assessment rate established for the Board and collected from handlers for the 2017-18 and subsequent marketing years from $0.0465 to $0.0400 per kernelweight pound of assessable walnuts. The Board unanimously recommended 2017-18 expenditures of $24,140,000 and an assessment rate of $0.0400 per kernelweight pound of assessable walnuts, which is $0.0065 lower than the assessment rate currently in effect. The quantity of assessable walnuts for the 2017-18 marketing year is estimated to be 615,000 tons, 62,000 tons greater than the quantity estimated for the 2016-17 marketing year. Therefore, even at the reduced assessment rate, the Board should collect approximately $22,140,000 in assessment income, which, when combined with $2,000,000 from its reserves, should be adequate to cover its budgeted expenses. The following table compares major budget expenditures recommended by the Board for the 2016-17 and 2017-18 marketing years: ------------------------------------------------------------------------ Budget Expense Categories 2016-17 2017-18 ------------------------------------------------------------------------ Employee Expenses....................... $2,292,000 $1,787,000 Travel/Board Expenses/Annual Audit...... 206,000 192,000 Office Expenses......................... 262,000 265,000 Program Expenses, Including Research:... Controlled Purchases................ 10,000 10,000 Crop Acreage Survey................. 0 103,000 Crop Estimate....................... 130,000 146,000 Production Research Director........ 175,000 98,000 Production Research................. 1,800,000 2,000,000 Sustainability Project.............. 75,000 0 Grades and Standards Research....... 800,000 825,000 Domestic Market Development......... 18,398,040 19,447,830 Reserve for Contingency............. 59,010 47,170 ------------------------------------------------------------------------ The Board reviewed and unanimously recommended 2017-18 expenditures of $24,140,000. Prior to arriving at this budget, the Board considered alternative expenditure and assessment levels, as well as a recommendation from the Budget and Personnel Committee (Committee). The Committee considered the estimated income and expenses, given the requests from other committees, such as the Production Research, Market Development, and Grades and Standards Committees. The other committees each deliberated, formulated their own budgets of expenses, and made their recommendations to the Committee. The Committee also considered the recommendations and various assessment rates and expenses, then made a recommendation to the Board. The Board ultimately determined that the recommended levels were reasonable and necessary to properly administer the order. The assessment rate of $0.0400 per kernelweight pound of assessable walnuts was derived by dividing anticipated expenses of $24,140,000 by expected 2017-18 volumes of California walnuts certified as merchantable. Merchantable walnuts certified for the year are estimated at 553,500,000 kernelweight pounds, which should provide $22,140,000 in assessment income. Assessment income, coupled with $2,000,000 from the Board's reserve funds, should allow the Board to cover its expenses. Unexpended funds may be retained in a financial reserve, provided that funds in the financial reserve do not exceed approximately two years' budgeted expenses. The anticipated reserve should be $14,909,800, which is well within the order's requirement. According to NASS, the season average grower price for 2015 was $1,620 per ton. Dividing this average grower price by 2,000 pounds per ton provides an inshell price per pound of $0.81. Dividing this inshell price per pound by the 0.45 conversion factor (inshell to kernelweight) established in the order yields a potential 2017-18 price of about $1.80 per kernelweight pound of assessable walnuts. To calculate the percentage of grower revenue represented by the assessment rate, the assessment rate of $0.0400 per kernelweight pound is divided by the price. The estimated assessment revenue for the 2017- 18 marketing year, stated as a percentage of total grower revenue, would be approximately 2 percent. This action decreases the assessment obligation imposed on handlers. Assessments are applied uniformly on all handlers, and some of the costs may be passed on to growers. However, decreasing the assessment rate reduces the burden on handlers and may reduce the burden on growers. In addition, the Board's meeting was widely publicized throughout the California walnut industry, and all interested persons were invited to attend the meeting and encouraged to participate in Board deliberations on all issues. Like all Board meetings, the May 31, 2017, meeting was a public meeting, and all entities, both large and small, were able to express their views on this issue. Finally, interested persons are invited to submit comments on this interim 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 information collection requirements have been previously reviewed by OMB and assigned OMB No.: 0581-0178 (Walnuts Grown in California). No changes in those requirements as a result of this action are necessary. Should any changes become necessary, they would be submitted to OMB for approval. This action imposes no additional reporting or recordkeeping requirements on either small or large California walnut handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. 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 rule. 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 [[Page 33778]] at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. After consideration of all relevant material presented, including the Board's recommendation, and other information, it is found that this rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act. Pursuant to 5 U.S.C. 553, it is also found and determined upon good cause that it is impracticable and contrary to the public interest to give preliminary notice prior to putting this rule into effect and that good cause exists for not postponing the effective date of this rule until 30 days after publication in the Federal Register because: (1) The action decreases the assessment rate for merchantable walnuts; (2) handlers are aware of this action, which was unanimously recommended by the Board at a public meeting and is similar to other assessment rate actions issued in past years; and (3) this interim rule provides a 60- day comment period, and all comments timely received will be considered prior to finalization of this rule. List of Subjects in 7 CFR Part 984 Marketing agreements, Nuts, Reporting and recordkeeping requirements, Walnuts. For the reasons set forth in the preamble, 7 CFR part 984 is amended as follows: PART 984--WALNUTS GROWN IN CALIFORNIA 0 1. The authority citation for part 984 continues to read as follows: Authority: 7 U.S.C. 601-674. 0 2. Section 984.347 is revised to read as follows: Sec. 984.347 Assessment rate. On and after September 1, 2017, an assessment rate of $0.0400 per kernelweight pound is established for California merchantable walnuts. Dated: July 17, 2017. Bruce Summers, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2017-15304 Filed 7-20-17; 8:45 am] BILLING CODE 3410-02-P
![33775
Rules and Regulations Federal Register
Vol. 82, No. 139
Friday, July 21, 2017
This section of the FEDERAL REGISTER date and page number of this issue of subject to assessments. Funds to
contains regulatory documents having general the Federal Register and will be administer the order are derived from
applicability and legal effect, most of which available for public inspection in the such assessments. It is intended that the
are keyed to and codified in the Code of Office of the Docket Clerk during regular assessment rate will be applicable to all
Federal Regulations, which is published under business hours, or can be viewed at: assessable walnuts beginning on
50 titles pursuant to 44 U.S.C. 1510.
http://www.regulations.gov. All September 1, 2017, and continue until
The Code of Federal Regulations is sold by comments submitted in response to this amended, suspended, or terminated.
the Superintendent of Documents. rule will be included in the record and The Act provides that administrative
will be made available to the public. proceedings must be exhausted before
Please be advised that the identity of the parties may file suit in court. Under
DEPARTMENT OF AGRICULTURE individuals or entities submitting the section 608c(15)(A) of the Act, any
comments will be made public on the handler subject to an order may file
Agricultural Marketing Service Internet at the address provided above. with USDA a petition stating that the
FOR FURTHER INFORMATION CONTACT: order, any provision of the order, or any
7 CFR Part 984 obligation imposed in connection with
Terry Vawter, Senior Marketing
[Doc. No. AMS–SC–17–0031; SC17–984–1 Specialist, or Jeffrey Smutny, Regional the order is not in accordance with law
IR] Director, California Marketing Field and request a modification of the order
Office, Marketing Order and Agreement or to be exempted therefrom. Such
Walnuts Grown in California; handler is afforded the opportunity for
Division, Specialty Crops Program,
Decreased Assessment Rate a hearing on the petition. After the
AMS, USDA; Telephone: (559) 487–
AGENCY: Agricultural Marketing Service, 5901, Fax: (559) 487–5906, or Email: hearing, USDA will rule on the petition.
USDA. Jeffrey.Smutny@ams.usda.gov or The Act provides that the district court
ACTION: Interim rule with request for Terry.Vawter@ams.usda.gov. of the United States in any district in
comments. Small businesses may request which the handler is an inhabitant, or
information on complying with this has his or her principal place of
SUMMARY: This rule implements a regulation by contacting Richard Lower, business, has jurisdiction to review
recommendation from the California Marketing Order and Agreement USDA’s ruling on the petition, provided
Walnut Board (Board) to decrease the Division, Specialty Crops Program, an action is filed not later than 20 days
assessment rate established for the AMS, USDA, 1400 Independence after the date of the entry of the ruling.
2017–18 and subsequent marketing Avenue SW., STOP 0237, Washington, This rule decreases the assessment
years from $0.0465 to $0.0400 per DC 20250–0237; Telephone: (202) 720– rate established for the Board for the
kernelweight pound of assessable 2491, Fax: (202) 720–8938, or Email: 2017–18 and subsequent marketing
walnuts. The Board is comprised of Richard.Lower@ams.usda.gov. years from $0.0465 to $0.0400 per
growers and handlers of walnuts and SUPPLEMENTARY INFORMATION: This rule kernelweight pound of assessable
locally administers the marketing order is issued under Marketing Order No. walnuts.
that regulates the handling of walnuts 984, as amended (7 CFR part 984), The California walnut marketing
grown in California. The Board also has regulating the handling of walnuts order provides authority for the Board,
a public member who has no financial grown in California, hereinafter referred with the approval of USDA, to formulate
interest in walnut production or to as the ‘‘order.’’ The order is effective an annual budget of expenses and
handling. Assessments upon walnut under the Agricultural Marketing collect assessments from handlers to
handlers are used by the Board to fund Agreement Act of 1937, as amended (7 administer the program. All members of
reasonable and necessary expenses of U.S.C. 601–674), hereinafter referred to the Board, except the public member,
the program. The marketing year begins as the ‘‘Act.’’ are growers and handlers of California
September 1 and ends August 31. The The Department of Agriculture walnuts. They are familiar with the
assessment rate will remain in effect (USDA) is issuing this rule in Board’s needs and with the costs for
indefinitely unless modified, conformance with Executive Orders goods and services in their local area
suspended, or terminated. 12866, 13563, and 13175. Additionally, and are thus in a position to formulate
DATES: Effective July 24, 2017. because this rule does not meet the an appropriate budget and assessment
Comments received by September 19, definition of a significant regulatory rate. The assessment rate is formulated
2017 will be considered prior to action, it does not trigger the and discussed in a public meeting.
issuance of a final rule. requirements contained in Executive Thus, all directly affected persons have
ADDRESSES: Interested persons are Order 13771. See the Office of an opportunity to participate and
invited to submit written comments Management and Budget’s (OMB) provide input.
concerning this rule. Comments must be Memorandum titled ‘‘Interim Guidance For the 2016–17 and subsequent
sent to the Docket Clerk, Marketing Implementing Section 2 of the Executive marketing years, the Board
sradovich on DSK3GMQ082PROD with RULES
Order and Agreement Division, Order of January 30, 2017, titled recommended, and USDA approved, an
Specialty Crops Program, AMS, USDA, ‘Reducing Regulation and Controlling assessment rate of $0.0465 per
1400 Independence Avenue SW., STOP Regulatory Costs’ ’’ (February 2, 2017). kernelweight pound of assessable
0237, Washington, DC 20250–0237; Fax: This rule has been reviewed under walnuts that would continue in effect
(202) 720–8938; or Internet: http:// Executive Order 12988, Civil Justice from year to year unless modified,
www.regulations.gov. Comments should Reform. Under the marketing order now suspended, or terminated by USDA
reference the document number and the in effect, California walnut handlers are upon recommendation and information
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![33778 Federal Register / Vol. 82, No. 139 / Friday, July 21, 2017 / Rules and Regulations
at the previously mentioned address in DEPARTMENT OF TRANSPORTATION www.regulations.gov by searching for
the FOR FURTHER INFORMATION CONTACT and locating Docket No. FAA–2016–
section. Federal Aviation Administration 6968; or in person at the Docket
After consideration of all relevant Operations Office between 9 a.m. and 5
14 CFR Part 39 p.m., Monday through Friday, except
material presented, including the
[Docket No. FAA–2016–6968; Directorate Federal holidays. The AD docket
Board’s recommendation, and other
Identifier 2015–SW–020–AD; Amendment contains this AD, any incorporated-by-
information, it is found that this rule, as
39–18950; AD 2017–14–06] reference service information, the
hereinafter set forth, will tend to economic evaluation, any comments
effectuate the declared policy of the Act. RIN 2120–AA64
received, and other information. The
Pursuant to 5 U.S.C. 553, it is also Airworthiness Directives; Sikorsky street address for the Docket Operations
found and determined upon good cause Aircraft Corporation Helicopters (Type Office (phone: 800–647–5527) is U.S.
that it is impracticable and contrary to Certificate Previously Held by Department of Transportation, Docket
the public interest to give preliminary Schweizer Aircraft Corporation) Operations Office, M–30, West Building
notice prior to putting this rule into Ground Floor, Room W12–140, 1200
effect and that good cause exists for not AGENCY: Federal Aviation New Jersey Avenue SE., Washington,
postponing the effective date of this rule Administration (FAA), DOT. DC 20590.
until 30 days after publication in the ACTION: Final rule. FOR FURTHER INFORMATION CONTACT:
Federal Register because: (1) The action SUMMARY: We are superseding Blaine Williams, Aerospace Engineer,
decreases the assessment rate for airworthiness directive (AD) 93–17–13 Boston Aircraft Certification Office,
merchantable walnuts; (2) handlers are for Schweizer Aircraft Corporation and Engine & Propeller Directorate, 1200
aware of this action, which was Hughes Helicopters, Inc. (now Sikorsky District Avenue, Burlington,
unanimously recommended by the Aircraft Corporation) (Sikorsky) Model Massachusetts 01803; telephone (781)
Board at a public meeting and is similar TH55A, 269A, 269A–1, 269B, and 269C 238–7161; email blaine.williams@
to other assessment rate actions issued helicopters. AD 93–17–13 required faa.gov.
in past years; and (3) this interim rule installing tachometer markings and SUPPLEMENTARY INFORMATION:
provides a 60-day comment period, and inspecting the lower coupling driveshaft
Discussion
all comments timely received will be (driveshaft). This new AD requires
considered prior to finalization of this repetitive inspections of the driveshaft We issued a notice of proposed
rule. and expands the applicability to include rulemaking (NPRM) to amend 14 CFR
Model 269C–1 helicopters. This AD is part 39 to remove AD 93–17–13,
List of Subjects in 7 CFR Part 984 prompted by reports of accidents Amendment 39–8684 (58 FR 51770,
because of driveshaft failures. The October 5, 1993) and add a new AD. AD
Marketing agreements, Nuts, actions of this AD are intended to 93–17–13 applied to Schweizer Aircraft
Reporting and recordkeeping prevent the unsafe condition on these Corporation and Hughes Helicopters,
requirements, Walnuts. products. Inc. (now Sikorsky) Model TH55A,
For the reasons set forth in the DATES: This AD is effective August 25,
269A, 269A–1, 269B, and 269C
preamble, 7 CFR part 984 is amended as 2017. helicopters. AD 93–17–13 required
follows: The Director of the Federal Register within 30 days or 100 hours time-in-
approved the incorporation by reference service (TIS), whichever occurs first and
PART 984—WALNUTS GROWN IN of certain documents listed in this AD thereafter every 300 hours TIS, visually
CALIFORNIA as of August 25, 2017. inspecting for cracks, machining steps,
The Director of the Federal Register manufacturing tool marks, surface
■ 1. The authority citation for part 984 approved the incorporation by reference defects, and lack of cleanup during the
of a certain other publication listed in production grinding operation. AD 93–
continues to read as follows:
this AD as of October 20, 1993 (58 FR 17–13 also required installing engine
Authority: 7 U.S.C. 601–674. 51770, October 5, 1993). and rotor tachometer markings and
ADDRESSES: For Schweizer or Sikorsky replacing any unairworthy driveshaft
■ 2. Section 984.347 is revised to read before further flight.
as follows: service information identified in this
final rule, contact Sikorsky Aircraft The NPRM published in the Federal
§ 984.347 Assessment rate. Corporation, Customer Service Register on January 5, 2017 (82 FR
Engineering, 124 Quarry Road, 1267) and was prompted by a safety
On and after September 1, 2017, an Trumbull, CT 06611; telephone 1–800– analysis by Sikorsky that determined
assessment rate of $0.0400 per Winged–S or 203–416–4299; email wcs_ the initial and recurrent inspection
kernelweight pound is established for cust_service_eng.gr-sik@lmco.com. You intervals and inspection method
California merchantable walnuts. may review a copy of the referenced required by AD 93–17–13 were not
Dated: July 17, 2017. service information at the FAA, Office adequate to detect all corrosion, pits,
of the Regional Counsel, Southwest nicks, scratches, dents, and cracks.
Bruce Summers,
Region, 10101 Hillwood Pkwy., Room Accidents due to driveshaft failures
Acting Administrator, Agricultural Marketing continued to occur after AD 93–17–13
6N–321, Fort Worth, TX 76177. It is also
Service. was issued. Therefore, the NPRM
available on the Internet at http://
sradovich on DSK3GMQ082PROD with RULES
[FR Doc. 2017–15304 Filed 7–20–17; 8:45 am] proposed to require, within 25 hours
www.regulations.gov by searching for
BILLING CODE 3410–02–P and locating Docket No. FAA–2016– TIS and thereafter at intervals not to
6968. exceed 150 hours TIS, visually
inspecting the driveshaft. If there are no
Examining the AD Docket cracks, corrosion, or other damage, the
You may examine the AD docket on NPRM proposed performing a magnetic
the Internet at http:// particle inspection. If there is a crack or
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Document Created: 2017-07-21 06:00:12
Document Modified: 2017-07-21 06:00:12
| 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 | Interim rule with request for comments. | |
| Dates | Effective July 24, 2017. Comments received by September 19, 2017 will be considered prior to issuance of a final rule. | |
| Contact | Terry Vawter, Senior Marketing Specialist, or Jeffrey Smutny, Regional Director, California Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (559) 487-5901, Fax: (559) 487-5906, or Email: [email protected] or [email protected] | |
| FR Citation | 82 FR 33775 | |
| CFR Associated | Marketing Agreements; Nuts; Reporting and Recordkeeping Requirements and Walnuts |
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