82 FR 41827 - Tart Cherries Grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington and Wisconsin; Modification of Allocation of Assessments
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 82, Issue 170 (September 5, 2017)
Agricultural Marketing Service
Federal Register Volume 82, Issue 170 (September 5, 2017)
| Page Range | 41827-41829 | |
| FR Document | 2017-18756 |
[Federal Register Volume 82, Number 170 (Tuesday, September 5, 2017)] [Rules and Regulations] [Pages 41827-41829] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-18756] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 930 [Doc. No. AMS-SC-16-0104; SC16-930-4 FR] Tart Cherries Grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington and Wisconsin; Modification of Allocation of Assessments AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule implements a recommendation from the Tart Cherry Industry Administrative Board (Board) to increase the portion of assessments allocated to research and promotion activities from $0.005 to $0.0065 per pound of tart cherries and decrease the portion allocated to administrative expenses from $0.0025 to $0.001 per pound of tart cherries handled under the marketing order (order). This rule also corrects the allocation numbers from $0.006 per pound for research and promotion activities and $0.0015 per pound for administrative expenses as stated in the proposed rule based on a comment received. The overall assessment rate remains unchanged at $0.0075 per pound of tart cherries. The Board locally administers the order and is comprised of producers and handlers of tart cherries operating within the area of production, and one public member. Assessments upon tart cherry handlers are used by the Board to fund reasonable and necessary expenses of the program. The fiscal period begins October 1 and ends September 30. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. DATES: Effective September 6, 2017. FOR FURTHER INFORMATION CONTACT: Jennie M. Varela, Marketing Specialist, or Christian D. Nissen, Regional Director, Southeast Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (863) 324-3375, Fax: (863) 291-8614, 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 Agreement and Order No. 930, both as amended (7 CFR part 930), regulating the handling of tart cherries produced in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington and Wisconsin, 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 final rule in conformance with Executive Orders 13563 and 13175. This rule does not meet the definition of a significant regulatory action contained in section 3(f) of Executive Order 12866 and is not subject to review by the Office of Management and Budget (OMB). 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'[thinsp]'' (February 2, 2017). This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the marketing order now in effect, tart cherry handlers are subject to assessments. Funds to administer the order are derived from such assessments. It is intended that the assessment rate as issued herein will be applicable to all assessable tart cherries beginning on October 1, 2016, and continue until amended, suspended, or terminated. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. Such handler is afforded the opportunity for a hearing on the petition. After the hearing, USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This rule increases the portion of the assessment rate allocated to research and promotion activities from $0.005 to $0.0065 per pound of tart cherries handled and decreases the portion allocated to administrative expenses from $0.0025 to $0.001 per pound of tart cherries handled under the order. This rule also corrects the allocation numbers from $0.006 per pound for research and promotion activities and $0.0015 per pound for administrative expenses as stated in the proposed rule based on a comment received. The overall assessment rate for the 2016-17 and subsequent fiscal periods remains unchanged at $0.0075 per pound of tart cherries. The tart cherry marketing order provides authority for the Tart Cherry Industry Administrative Board (Board), with the approval of USDA, to formulate an annual budget of expenses and collect assessments from handlers to administer the program. The members of the Board are producers and handlers of tart cherries, and one public member. They are familiar with the Board's needs and with the costs of goods and services in their local areas 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 2010-11 and subsequent fiscal periods, the Board recommended, and USDA approved, an assessment rate of $0.0075 per pound of tart cherries that would continue in effect from fiscal period to fiscal period unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the Board or other information available to USDA. The Board met on September 8, 2016, and unanimously recommended 2016-17 expenditures of $2,523,550 and an assessment rate of $0.0075 per pound of tart cherries. In comparison, last year's budgeted expenditures were $1,725,000. The total assessment rate remains unchanged by this action. However, this rule increases the portion of the assessment rate allocated to research and promotion activities from $0.005 to [[Page 41828]] $0.0065 per pound of tart cherries handled and decreases the portion allocated to administrative expenses from $0.0025 to $0.001 per pound of tart cherries handled under the order. This shift in allocation will allow for expanded research and promotion activities to help market this season's above-average crop, while helping to ensure that funds held in the Board's authorized reserve are consistent with the order's limits on the reserve. The major expenditures recommended by the Board for the 2016-17 fiscal year include $2,045,550 for promotion, $255,000 for personnel, and $106,000 for office expenses. Budgeted expenses for these items in 2015-16 were $1,150,000, $236,000, and $102,000, respectively. The assessment rate recommended by the Board was derived by considering expected shipments of tart cherries and examining the needs of the industry with regard to research and promotion and the authorized reserve. Tart cherry shipments for the 2016-17 year are estimated at 314.7 million pounds, which should provide $2,360,250 in assessment income. Income derived from handler assessments, interest income, and funds from the Board's authorized reserve should be adequate to cover budgeted expenses. Funds in the reserve (approximately $894,000) will be kept within the maximum permitted by the order of no more than approximately one year's operational expenses as stated in Sec. 930.42(a). The assessment rate 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 will be in effect for an indefinite period, the Board will continue to meet prior to or during each fiscal period to recommend a budget of expenses and consider recommendations for modification of the assessment rate. The dates and times of Board meetings are available from the Board or USDA. Board meetings are open to the public, and interested persons may 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 would be undertaken as necessary. The Board's budget for future fiscal periods will be reviewed and, as appropriate, approved by USDA. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS) has considered the economic impact of this rule on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and 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 600 producers of tart cherries in the regulated area and approximately 40 handlers of tart cherries who are subject to regulation under the order. Small agricultural producers are defined by the Small Business Administration (SBA) as those having annual receipts of less than $750,000, and small agricultural service firms have been defined as those whose annual receipts are less than $7,500,000 (13 CFR 121.201). According to the National Agricultural Statistics Service and Board data, the average annual grower price for tart cherries during the 2015-16 season was approximately $0.347 per pound. With total utilization at 251.1 million pounds, the total 2015-16 crop value is estimated at $87 million. Dividing the crop value by the estimated number of producers (600) yields an estimated average receipt per producer of $145,000. This is well below the SBA threshold for small producers. In 2015, The Food Institute estimated a free on board (f.o.b.) price of $0.96 per pound for frozen tart cherries, which make up the majority of processed tart cherries. Multiplying the f.o.b price by total utilization of 251.1 million pounds results in an estimated handler-level tart cherry value of $241 million. Dividing this figure by the number of handlers (40) yields an estimated average annual handler receipts of $6 million, which is below the SBA threshold for small agricultural service firms. Assuming a normal distribution, the majority of producers and handlers of tart cherries may be classified as small entities. This rule increases the portion of the assessment rate allocated to research and promotion activities from $0.005 to $0.0065 per pound of tart cherries handled and decreases the portion allocated to administrative expenses from $0.0025 to $0.001 per pound of tart cherries handled under the order. This rule also corrects the allocation numbers from $0.006 per pound for research and promotion activities and $0.0015 per pound for administrative expenses as stated in the proposed rule based on a comment received. The overall assessment rate established for the Board for the 2016-17 and subsequent fiscal periods remains unchanged at $0.0075 per pound of tart cherries. The quantity of assessable tart cherries for the 2016-17 season is estimated at 314.7 million pounds. Thus, the $0.0075 rate should provide $2,360,250 in assessment income. Income derived from handler assessments, interest income, and funds from the Board's authorized reserve should provide sufficient funds to meet this year's anticipated expenses. The major expenditures recommended by the Board for the 2016-17 year include $2,045,550 for promotion, $255,000 for personnel, and $106,000 for office expenses. Budgeted expenses for these items in 2015-16 were $1,150,000, $236,000, and $102,000, respectively. This rule shifts the allocation of the assessment rate to increase the portion allocated for research and promotion, while decreasing the portion allocated for administrative costs. This adjustment will allow for expanded research and promotion activities to help market this season's above-average crop, while helping to ensure that funds held in the Board's authorized reserve are consistent with the order's limits on the reserve. Prior to arriving at this budget and assessment rate, the Board considered production history, crop estimates, its financial statements, and the need to both reduce financial reserves and increase its marketing efforts to increase demand for tart cherries. The Board also considered not taking this action but determined that 2016-17 expenditures of $2,523,550 were appropriate, and the recommended assessment rate and allocation, along with funds from interest income, block grants, and funds from reserves, would be adequate to cover budgeted expenses. A review of historical information and preliminary information pertaining to the upcoming crop year indicates that the average grower price for the 2016-17 season could be approximately $0.348 per pound of tart cherries. Therefore, the estimated assessment revenue for the 2016-17 crop year as a percentage of total grower revenue could be approximately 2 percent. This action does not increase the assessment obligation imposed on handlers. While assessments impose some additional costs on handlers, the costs are minimal and uniform on all handlers. Some of the costs may be [[Page 41829]] passed on to producers. However, these costs are offset by the benefits derived by the operation of the marketing order. The Board's meetings were widely publicized throughout the tart cherry industry, and all interested persons were invited to attend the meetings and participate in Board deliberations on all issues. Like all Board meetings, the June 23, 2016, and September 8, 2016, meetings were public meetings, 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 OMB and assigned OMB No. 0581-0177, Tart Cherries Grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin. No changes in those requirements are necessary as a result of this action. Should any changes become necessary, they would be submitted to OMB for approval. This rule imposes no additional reporting or recordkeeping requirements on either small or large tart cherry handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. As noted in the initial regulatory flexibility analysis, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this final rule. AMS is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. A proposed rule concerning this action was published in the Federal Register on May 25, 2017(82 FR 24080). Copies of the proposed rule were also mailed or sent via facsimile to all tart cherry handlers. Finally, the proposal was made available through the internet by USDA and the Office of the Federal Register. A 30-day comment period ending June 26, 2017, was provided for interested persons to respond to the proposal. One comment was received from Board staff indicating that the Board minutes stated the recommendation was for assessment allocation of $0.0065 per pound of tart cherries for promotion and $0.001 per pound of tart cherries for administration rather than the $0.006 and $0.0015, respectively, as published in the proposed rule. Accordingly, the allocation numbers were revised based on the comment received. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: http://www.ams.usda.gov/rules-regulations/moa/small-businesses. Any questions about the compliance guide should be sent to Richard Lower at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. After consideration of all relevant material presented, including the information and recommendation submitted by the Board and other available information, it is hereby found that this rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act. Pursuant to 5 U.S.C. 553, it is also found and determined that good cause exists for not postponing the effective date of this rule until 30 days after publication in the Federal Register because the fiscal year ends on September 30, 2017, and the change in allotment of assessments collected is necessary to ensure sufficient funds are available to cover the increase in research and promotion expenses that were incurred to help market the 2016-17 above-average crop. Further, handlers are aware of this rule, which was recommended at a public meeting. Also, a 30-day comment period was provided for in the proposed rule and no negative comments were received. List of Subjects in 7 CFR Part 930 Marketing agreements, Reporting and recordkeeping requirements, Tart cherries. For the reasons set forth in the preamble, 7 CFR part 930 is amended as follows: PART 930--TART CHERRIES GROWN IN THE STATES OF MICHIGAN, NEW YORK, PENNSYLVANIA, OREGON, UTAH, WASHINGTON, AND WISCONSIN 0 1. The authority citation for 7 CFR part 930 continues to read as follows: Authority: 7 U.S.C. 601-674. 0 2. Section 930.200 is revised to read as follows: Sec. 930.200 Assessment rate. On and after October 1, 2016, the assessment rate imposed on handlers shall be $0.0075 per pound of tart cherries grown in the production area and utilized in the production of tart cherry products. Included in this rate is $0.0065 per pound of tart cherries to cover the cost of the research and promotion program and $0.001 per pound of tart cherries to cover administrative expenses. Dated: August 30, 2017. Bruce Summers, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2017-18756 Filed 9-1-17; 8:45 am] BILLING CODE 3410-02-P
![Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations 41827
M. media Marvel (PPAF) 3375, Fax: (863) 291–8614, or Email: a hearing on the petition. After the
* * * * * Jennie.Varela@ams.usda.gov or hearing, USDA would rule on the
Christian.Nissen@ams.usda.gov. petition. The Act provides that the
Done in Washington, DC, this 30th day of
August 2017.
Small businesses may request district court of the United States in any
information on complying with this district in which the handler is an
Michael C. Gregoire,
regulation by contacting Richard Lower, inhabitant, or has his or her principal
Acting Administrator, Animal and Plant Marketing Order and Agreement place of business, has jurisdiction to
Health Inspection Service.
Division, Specialty Crops Program, review USDA’s ruling on the petition,
[FR Doc. 2017–18712 Filed 9–1–17; 8:45 am] provided an action is filed not later than
AMS, USDA, 1400 Independence
BILLING CODE 3410–34–P Avenue SW., STOP 0237, Washington, 20 days after the date of the entry of the
DC 20250–0237; Telephone: (202) 720– ruling.
2491, Fax: (202) 720–8938, or Email: This rule increases the portion of the
DEPARTMENT OF AGRICULTURE assessment rate allocated to research
Richard.Lower@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This rule
and promotion activities from $0.005 to
Agricultural Marketing Service
is issued under Marketing Agreement $0.0065 per pound of tart cherries
and Order No. 930, both as amended (7 handled and decreases the portion
7 CFR Part 930 allocated to administrative expenses
CFR part 930), regulating the handling
[Doc. No. AMS–SC–16–0104; SC16–930–4
of tart cherries produced in the States of from $0.0025 to $0.001 per pound of tart
FR] cherries handled under the order. This
Michigan, New York, Pennsylvania,
rule also corrects the allocation numbers
Tart Cherries Grown in the States of Oregon, Utah, Washington and
from $0.006 per pound for research and
Michigan, New York, Pennsylvania, Wisconsin, hereinafter referred to as the
promotion activities and $0.0015 per
Oregon, Utah, Washington and ‘‘order.’’ The order is effective under the
pound for administrative expenses as
Wisconsin; Modification of Allocation Agricultural Marketing Agreement Act
stated in the proposed rule based on a
of Assessments of 1937, as amended (7 U.S.C. 601–674),
comment received. The overall
hereinafter referred to as the ‘‘Act.’’
AGENCY: Agricultural Marketing Service, assessment rate for the 2016–17 and
The Department of Agriculture
USDA. subsequent fiscal periods remains
(USDA) is issuing this final rule in
unchanged at $0.0075 per pound of tart
ACTION: Final rule. conformance with Executive Orders cherries.
13563 and 13175. This rule does not The tart cherry marketing order
SUMMARY: This rule implements a meet the definition of a significant
recommendation from the Tart Cherry provides authority for the Tart Cherry
regulatory action contained in section Industry Administrative Board (Board),
Industry Administrative Board (Board) 3(f) of Executive Order 12866 and is not
to increase the portion of assessments with the approval of USDA, to formulate
subject to review by the Office of an annual budget of expenses and
allocated to research and promotion Management and Budget (OMB).
activities from $0.005 to $0.0065 per collect assessments from handlers to
Additionally, because this rule does not administer the program. The members
pound of tart cherries and decrease the meet the definition of a significant
portion allocated to administrative of the Board are producers and handlers
regulatory action, it does not trigger the of tart cherries, and one public member.
expenses from $0.0025 to $0.001 per requirements contained in Executive
pound of tart cherries handled under They are familiar with the Board’s needs
Order 13771. See OMB’s Memorandum and with the costs of goods and services
the marketing order (order). This rule titled, ‘‘Interim Guidance Implementing
also corrects the allocation numbers in their local areas and are thus in a
Section 2 of the Executive Order of position to formulate an appropriate
from $0.006 per pound for research and January 30, 2017, titled ‘Reducing
promotion activities and $0.0015 per budget and assessment rate. The
Regulation and Controlling Regulatory assessment rate is formulated and
pound for administrative expenses as Costs’ ’’ (February 2, 2017). discussed in a public meeting. Thus, all
stated in the proposed rule based on a This rule has been reviewed under directly affected persons have an
comment received. The overall Executive Order 12988, Civil Justice opportunity to participate and provide
assessment rate remains unchanged at Reform. Under the marketing order now input.
$0.0075 per pound of tart cherries. The in effect, tart cherry handlers are subject For the 2010–11 and subsequent fiscal
Board locally administers the order and to assessments. Funds to administer the periods, the Board recommended, and
is comprised of producers and handlers order are derived from such USDA approved, an assessment rate of
of tart cherries operating within the area assessments. It is intended that the $0.0075 per pound of tart cherries that
of production, and one public member. assessment rate as issued herein will be would continue in effect from fiscal
Assessments upon tart cherry handlers applicable to all assessable tart cherries period to fiscal period unless modified,
are used by the Board to fund beginning on October 1, 2016, and suspended, or terminated by USDA
reasonable and necessary expenses of continue until amended, suspended, or upon recommendation and information
the program. The fiscal period begins terminated. submitted by the Board or other
October 1 and ends September 30. The The Act provides that administrative information available to USDA.
assessment rate will remain in effect proceedings must be exhausted before The Board met on September 8, 2016,
indefinitely unless modified, parties may file suit in court. Under and unanimously recommended 2016–
suspended, or terminated. section 608c(15)(A) of the Act, any 17 expenditures of $2,523,550 and an
DATES: Effective September 6, 2017. handler subject to an order may file assessment rate of $0.0075 per pound of
mstockstill on DSK30JT082PROD with RULES
FOR FURTHER INFORMATION CONTACT: with USDA a petition stating that the tart cherries. In comparison, last year’s
Jennie M. Varela, Marketing Specialist, order, any provision of the order, or any budgeted expenditures were $1,725,000.
or Christian D. Nissen, Regional obligation imposed in connection with The total assessment rate remains
Director, Southeast Marketing Field the order is not in accordance with law unchanged by this action. However, this
Office, Marketing Order and Agreement and request a modification of the order rule increases the portion of the
Division, Specialty Crops Program, or to be exempted therefrom. Such assessment rate allocated to research
AMS, USDA; Telephone: (863) 324– handler is afforded the opportunity for and promotion activities from $0.005 to
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![Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations 41829
passed on to producers. However, these allocation numbers were revised based pound of tart cherries to cover
costs are offset by the benefits derived on the comment received. administrative expenses.
by the operation of the marketing order. A small business guide on complying Dated: August 30, 2017.
The Board’s meetings were widely with fruit, vegetable, and specialty crop
Bruce Summers,
publicized throughout the tart cherry marketing agreements and orders may
be viewed at: http://www.ams.usda.gov/ Acting Administrator, Agricultural Marketing
industry, and all interested persons Service.
were invited to attend the meetings and rules-regulations/moa/small-businesses.
[FR Doc. 2017–18756 Filed 9–1–17; 8:45 am]
participate in Board deliberations on all Any questions about the compliance
guide should be sent to Richard Lower BILLING CODE 3410–02–P
issues. Like all Board meetings, the June
23, 2016, and September 8, 2016, at the previously mentioned address in
meetings were public meetings, and all the FOR FURTHER INFORMATION CONTACT
section. DEPARTMENT OF AGRICULTURE
entities, both large and small, were able
to express views on this issue. After consideration of all relevant
Agricultural Marketing Service
In accordance with the Paperwork material presented, including the
Reduction Act of 1995 (44 U.S.C. information and recommendation
7 CFR Part 1205
Chapter 35), the order’s information submitted by the Board and other
collection requirements have been available information, it is hereby found [Doc. # AMS–CN–17–0003]
previously approved by OMB and that this rule, as hereinafter set forth,
will tend to effectuate the declared Cotton Board Rules and Regulations:
assigned OMB No. 0581–0177, Tart Adjusting Supplemental Assessment
Cherries Grown in the States of policy of the Act.
Pursuant to 5 U.S.C. 553, it is also on Imports (2017 Amendments)
Michigan, New York, Pennsylvania,
Oregon, Utah, Washington, and found and determined that good cause AGENCY: Agricultural Marketing Service,
Wisconsin. No changes in those exists for not postponing the effective USDA.
requirements are necessary as a result of date of this rule until 30 days after
ACTION: Direct final rule.
this action. Should any changes become publication in the Federal Register
necessary, they would be submitted to because the fiscal year ends on SUMMARY: The Agricultural Marketing
OMB for approval. September 30, 2017, and the change in Service (AMS) is amending the Cotton
This rule imposes no additional allotment of assessments collected is Board Rules and Regulations, increasing
reporting or recordkeeping requirements necessary to ensure sufficient funds are the value assigned to imported cotton
on either small or large tart cherry available to cover the increase in for the purposes of calculating
handlers. As with all Federal marketing research and promotion expenses that supplemental assessments collected for
order programs, reports and forms are were incurred to help market the 2016– use by the Cotton Research and
periodically reviewed to reduce 17 above-average crop. Further, Promotion Program. This amendment is
information requirements and handlers are aware of this rule, which required each year to ensure that
duplication by industry and public was recommended at a public meeting. assessments collected on imported
sector agencies. As noted in the initial Also, a 30-day comment period was cotton and the cotton content of
regulatory flexibility analysis, USDA provided for in the proposed rule and imported products will be the same as
has not identified any relevant Federal no negative comments were received. those paid on domestically produced
rules that duplicate, overlap, or conflict List of Subjects in 7 CFR Part 930 cotton. In addition, AMS is updating the
with this final rule. Harmonized Tariff Schedule (HTS)
Marketing agreements, Reporting and statistical reporting numbers that were
AMS is committed to complying with recordkeeping requirements, Tart
the E-Government Act, to promote the amended since the last assessment
cherries. adjustment in 2016.
use of the Internet and other
For the reasons set forth in the
information technologies to provide DATES: This direct rule is effective
preamble, 7 CFR part 930 is amended as
increased opportunities for citizen November 6, 2017, without further
follows:
access to Government information and action or notice, unless significant
services, and for other purposes. PART 930—TART CHERRIES GROWN adverse comment is received by October
A proposed rule concerning this IN THE STATES OF MICHIGAN, NEW 5, 2017. If significant adverse comment
action was published in the Federal YORK, PENNSYLVANIA, OREGON, is received, AMS will publish a timely
Register on May 25, 2017(82 FR 24080). UTAH, WASHINGTON, AND withdrawal of the amendment in the
Copies of the proposed rule were also WISCONSIN Federal Register.
mailed or sent via facsimile to all tart ADDRESSES: Written comments may be
cherry handlers. Finally, the proposal ■ 1. The authority citation for 7 CFR submitted to the addresses specified
was made available through the internet part 930 continues to read as follows: below. All comments will be made
by USDA and the Office of the Federal Authority: 7 U.S.C. 601–674. available to the public. Please do not
Register. A 30-day comment period ■ 2. Section 930.200 is revised to read include personally identifiable
ending June 26, 2017, was provided for as follows: information (such as name, address, or
interested persons to respond to the other contact information) or
proposal. § 930.200 Assessment rate. confidential business information that
One comment was received from On and after October 1, 2016, the you do not want publically disclosed.
Board staff indicating that the Board assessment rate imposed on handlers All comments may be posted on the
mstockstill on DSK30JT082PROD with RULES
minutes stated the recommendation was shall be $0.0075 per pound of tart Internet and can be retrieved by most
for assessment allocation of $0.0065 per cherries grown in the production area Internet search engines. Comments may
pound of tart cherries for promotion and and utilized in the production of tart be submitted anonymously.
$0.001 per pound of tart cherries for cherry products. Included in this rate is Comments, identified by AMS–CN–
administration rather than the $0.006 $0.0065 per pound of tart cherries to 17–0003, may be submitted
and $0.0015, respectively, as published cover the cost of the research and electronically through the Federal
in the proposed rule. Accordingly, the promotion program and $0.001 per eRulemaking Portal at http://
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Document Created: 2017-09-02 03:25:02
Document Modified: 2017-09-02 03:25:02
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective September 6, 2017. | |
| Contact | Jennie M. Varela, Marketing Specialist, or Christian D. Nissen, Regional Director, Southeast Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (863) 324-3375, Fax: (863) 291-8614, or Email: [email protected] or [email protected] | |
| FR Citation | 82 FR 41827 | |
| CFR Associated | Marketing Agreements; Reporting and Recordkeeping Requirements and Tart Cherries |
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