82 FR 43297 - Apricots Grown in Designated Counties in Washington; Decreased Assessment Rate
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 82, Issue 178 (September 15, 2017)
Agricultural Marketing Service
Federal Register Volume 82, Issue 178 (September 15, 2017)
| Page Range | 43297-43299 | |
| FR Document | 2017-19553 |
[Federal Register Volume 82, Number 178 (Friday, September 15, 2017)] [Rules and Regulations] [Pages 43297-43299] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-19553] ======================================================================== 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. 178 / Friday, September 15, 2017 / Rules and Regulations [[Page 43297]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 922 [Doc. No. AMS-SC-17-0033; SC17-922-1 IR] Apricots Grown in Designated Counties in Washington; Decreased Assessment Rate AGENCY: Agricultural Marketing Service, USDA. ACTION: Interim rule with request for comments. ----------------------------------------------------------------------- SUMMARY: This rule implements a recommendation from the Washington Apricot Marketing Committee (Committee) for a decrease in the assessment rate established for the 2017-2018 and subsequent fiscal periods from $1.40 to $1.00 per ton of apricots handled. The Committee locally administers the marketing order and is comprised of growers and handlers of apricots operating within the area of production. Assessments upon apricot handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins April 1 and ends March 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. DATES: Effective September 18, 2017. Comments received by November 14, 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: Dale Novotny, Marketing Specialist, or Gary D. Olson, Regional Director, Northwest Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, Telephone: (503) 326-2724, Fax: (503) 326-7440, or Email: [email protected] or [email protected]. Small businesses may request information on complying with this regulation by contacting Richard Lower, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237, Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: [email protected]. SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Agreement and Order No. 922, both as amended (7 CFR part 922), regulating the handling of apricots grown in designated counties in Washington, 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 13563, and 13175. This rule does not meet the definition of a significant regulatory action contained in section 3(f) of Executive Order, 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' '' (February 2, 2017). This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the marketing order now in effect, Washington apricot 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 apricots beginning April 1, 2017, and continue until amended, suspended, or terminated. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. Such handler is afforded the opportunity for a hearing on the petition. After the hearing, USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This rule decreases the assessment rate established under the order for the 2017-2018 and subsequent fiscal periods from $1.40 to $1.00 per ton of apricots handled. The order provides authority for the Committee, 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 Committee are growers and handlers of Washington apricots. They are familiar with the Committee's needs and with the costs for goods and services in their local area and are thus in a position to formulate an appropriate budget and assessment rate. The assessment rate is formulated and discussed in a public meeting. Thus, all directly affected persons have an opportunity to participate and provide input. For the 2016-2017 and subsequent fiscal periods, the Committee recommended, and USDA approved, an assessment rate of $1.40 per ton of apricots handled, that would continue [[Page 43298]] in effect from fiscal period to fiscal period unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the Committee or other information available to USDA. The Committee met on May 3, 2017, and unanimously recommended 2017- 2018 fiscal period expenditures of $8,225 and a decreased assessment rate of $1.00 per ton of apricots handled. In comparison, 2016-2017 fiscal period's budgeted expenditures were $7,160. The assessment rate of $1.00 per ton is $0.40 lower than the rate currently in effect. Favorable growing conditions led to a 2016 crop which was 1,028 tons higher than estimated by the Committee. The extra revenue from the larger than anticipated crop during the 2016-2017 fiscal period, combined with lower than anticipated expenses, resulted in a $3,064 increase in the Committee's financial reserve. The major expenditures recommended by the Committee for the 2017- 2018 fiscal period include $4,000 in management contract services; $2,000 for the annual audit; $1,300 for Committee travel expenses; $500 for technological services, software, and equipment; and $425 in miscellaneous office expenses. Budgeted expenses for these items in the 2016-2017 fiscal period were $3,000, $2,000, $1,200, $500, and $460, respectively. The assessment rate recommended by the Committee was derived by dividing anticipated expenses by expected shipments of Washington apricots. After an open discussion with growers, handlers, and industry personnel, the Committee established a crop estimate for the 2017-2018 fiscal period of 6,000 tons. The Committee considered the crop estimate, the recommended 2017-2018 fiscal period expenses, and the Committee's financial reserve when it recommended the assessment rate decrease. The estimated 6,000 tons of apricot shipments should provide $6,000 in assessment income at the $1.00 per ton assessment rate. Income derived from handler assessments, along with interest income and funds from the Committee's authorized reserve, will be adequate to cover budgeted expenses. Sections 922.42(a)(2) and 922.142 of the order authorize the Committee to carry over excess funds into subsequent marketing years as a reserve, provided that funds do not exceed approximately one year's operational expenses. The Committee's financial reserve balance was $10,365 on March 31, 2017, the end of the 2016-2017 fiscal period. The Committee anticipates a reserve balance of $8,140 at the end of the 2017-2018 fiscal period, a level which would be within the maximum permitted by the order. 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 Committee or other available information. Although this assessment rate is effective for an indefinite period, the Committee 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 Committee meetings are available from the Committee or USDA. Committee meetings are open to the public and interested persons may express their views at these meetings. USDA will evaluate Committee recommendations and other available information to determine whether modification of the assessment rate is needed. Further rulemaking will be undertaken as necessary. The Committee's 2017-2018 budget, and those for subsequent fiscal periods, will be reviewed and, as appropriate, approved by USDA. Regulatory Flexibility Act 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 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 17 Washington apricot handlers subject to regulation under the order and approximately 100 apricot growers in the regulated production area. Small agricultural service firms (handlers) are defined by the Small Business Administration (SBA) as those whose annual receipts are less than $7,500,000, and small agricultural producers (growers) are defined as those having annual receipts less than $750,000 (13 CFR 121.201). Committee reports indicate that the industry shipped 6,028 tons of Washington apricots over the 2016-2017 fiscal period. Based on information from the USDA's Market News Service, 2016 f.o.b. prices for Washington No. 1 apricots ranged from $18.00 to $23.00 per 24-pound container, for both loose pack and 2-layer tray-pack containers. Using those prices, and the shipment information provided by the Committee, the approximate total value of Washington apricot shipments likely ranged between $9.0 million and $11.6 million, with the average revenue per handler ranging from $532,000 to $680,000. It is therefore determined that most, if not all, of the Washington apricot handlers ship less than $7,500,000 worth of apricots on an annual basis. In addition, using shipment data from the Committee and the 2016 National Agricultural Statistics Service (NASS) average freight on board (f.o.b.) price of $1,210 per ton for fresh apricots, total revenue for Washington apricot growers for the 2016-2017 fiscal period is estimated to be approximately $7.3 million. Based on these reports and the number of apricot growers within the production area, it is estimated that the average per grower revenue from the sale of apricots in 2016 was approximately $73,000. In view of the foregoing, it is concluded that most of the handlers and growers of Washington apricots may be classified as small entities. This rule decreases the assessment rate collected from handlers, for the 2017-2018 and subsequent fiscal periods from $1.40 to $1.00 per ton of apricots. The Committee unanimously recommended 2017-2018 expenditures of $8,225. The assessment rate of $1.00 per ton is $0.40 lower than the previously established rate. The quantity of assessable apricots for the 2017-2018 fiscal period is estimated at 6,000 tons. Thus, the $1.00 per ton rate should provide $6,000 in assessment income. Income derived from handler assessments, along with interest income and funds from the Committee's authorized reserve, will be adequate to cover budgeted expenses. The major expenditures recommended by the Committee for the 2017- 2018 fiscal period include $4,000 in management contract services; $2,000 for the annual audit; $1,300 for Committee travel expenses; $500 for technological services, software, and equipment; and $425 for miscellaneous office expenses. Budgeted expenses for these items in the 2016-2017 fiscal period were $3,000, $2,000, $1,200, $500, and $460, respectively. The assessment rate recommended by the Committee was derived by dividing anticipated expenses by expected [[Page 43299]] shipments of Washington apricots. After an open discussion with growers, handlers, and industry personnel, the Committee established a crop estimate for the 2017-2018 fiscal period of 6,000 tons. The Committee considered the crop estimate, the recommended 2017-2018 fiscal period expenses, and the Committee's financial reserve when it recommended the assessment rate decrease. Prior to arriving at this budget and assessment rate, the Committee considered information from various sources, such as a presentation from representatives of the Washington Stone Fruit Commission and comments from other industry participants. Alternative expenditure levels and assessment rates were discussed by these groups, based upon the relative value of various activities to the apricot industry. The Committee ultimately determined that the recommended budget was appropriate and that assessments at $1.00 per ton, along with interest income and the authorized reserve fund, would generate sufficient revenue to meet those budgeted expenses. A review of historical information and preliminary information pertaining to the upcoming fiscal period indicates that the grower price for the 2017-2018 season could range between $800 and $1,600 per ton of apricots. Therefore, the estimated assessment revenue for the 2017-2018 fiscal period as a percentage of total grower revenue could range between 0.06 and 0.13 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 Committee's meeting was widely publicized throughout the Washington apricot industry and all interested persons were invited to attend the meeting and participate in Committee deliberations on all issues. Like all Committee meetings, the May 3, 2017, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. Finally, interested persons are invited to submit comments on this 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's information collection requirements have been previously approved by 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 Washington apricot 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 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 Committee 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 upon good cause that it is impracticable, unnecessary, 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) This action decreases the assessment rate for assessable apricots beginning with the 2017-2018 fiscal period; (2) handlers are aware of this action which was unanimously recommended by the Committee at a public meeting and is similar to other assessment rate actions issued in past years; 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 922 Apricots, Marketing agreements, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 922 is amended as follows: PART 922--APRICOTS GROWN IN DESIGNATED COUNTIES IN WASHINGTON 0 1. The authority citation for part 922 continues to read as follows: Authority: 7 U.S.C. 601-674. 0 2. Section 922.235 is revised to read as follows: Sec. 922.235 Assessment rate. On and after April 1, 2017, an assessment rate of $1.00 per ton is established for Washington apricots handled in the production area. Dated: September 11, 2017. Bruce Summers, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2017-19553 Filed 9-14-17; 8:45 am] BILLING CODE 3410-02-P
![43297
Rules and Regulations Federal Register
Vol. 82, No. 178
Friday, September 15, 2017
This section of the FEDERAL REGISTER available for public inspection in the This rule has been reviewed under
contains regulatory documents having general Office of the Docket Clerk during regular Executive Order 12988, Civil Justice
applicability and legal effect, most of which business hours, or can be viewed at: Reform. Under the marketing order now
are keyed to and codified in the Code of http://www.regulations.gov. All in effect, Washington apricot handlers
Federal Regulations, which is published under comments submitted in response to this are subject to assessments. Funds to
50 titles pursuant to 44 U.S.C. 1510.
rule will be included in the record and administer the order are derived from
The Code of Federal Regulations is sold by will be made available to the public. such assessments. It is intended that the
the Superintendent of Documents. Please be advised that the identity of the assessment rate as issued herein will be
individuals or entities submitting the applicable to all assessable apricots
comments will be made public on the beginning April 1, 2017, and continue
DEPARTMENT OF AGRICULTURE internet at the address provided above. until amended, suspended, or
FOR FURTHER INFORMATION CONTACT: Dale terminated.
Agricultural Marketing Service The Act provides that administrative
Novotny, Marketing Specialist, or Gary
D. Olson, Regional Director, Northwest proceedings must be exhausted before
7 CFR Part 922 parties may file suit in court. Under
Marketing Field Office, Marketing Order
[Doc. No. AMS–SC–17–0033; SC17–922–1 and Agreement Division, Specialty section 608c(15)(A) of the Act, any
IR] handler subject to an order may file
Crops Program, AMS, USDA,
Telephone: (503) 326–2724, Fax: (503) with USDA a petition stating that the
Apricots Grown in Designated order, any provision of the order, or any
Counties in Washington; Decreased 326–7440, or Email: DaleJ.Novotny@
ams.usda.gov or GaryD.Olson@ obligation imposed in connection with
Assessment Rate the order is not in accordance with law
ams.usda.gov.
AGENCY: Agricultural Marketing Service, Small businesses may request and request a modification of the order
USDA. information on complying with this or to be exempted therefrom. Such
ACTION: Interim rule with request for regulation by contacting Richard Lower, handler is afforded the opportunity for
comments. Marketing Order and Agreement a hearing on the petition. After the
Division, Specialty Crops Program, hearing, USDA would rule on the
SUMMARY: This rule implements a petition. The Act provides that the
recommendation from the Washington AMS, USDA, 1400 Independence
Avenue SW., STOP 0237, Washington, district court of the United States in any
Apricot Marketing Committee district in which the handler is an
(Committee) for a decrease in the DC 20250–0237, Telephone: (202) 720–
2491, Fax: (202) 720–8938, or Email: inhabitant, or has his or her principal
assessment rate established for the place of business, has jurisdiction to
2017–2018 and subsequent fiscal Richard.Lower@ams.usda.gov.
review USDA’s ruling on the petition,
periods from $1.40 to $1.00 per ton of SUPPLEMENTARY INFORMATION: This rule provided an action is filed not later than
apricots handled. The Committee is issued under Marketing Agreement 20 days after the date of the entry of the
locally administers the marketing order and Order No. 922, both as amended (7 ruling.
and is comprised of growers and CFR part 922), regulating the handling This rule decreases the assessment
handlers of apricots operating within of apricots grown in designated counties rate established under the order for the
the area of production. Assessments in Washington, hereinafter referred to as 2017–2018 and subsequent fiscal
upon apricot handlers are used by the the ‘‘order.’’ The order is effective under periods from $1.40 to $1.00 per ton of
Committee to fund reasonable and the Agricultural Marketing Agreement apricots handled.
necessary expenses of the program. The Act of 1937, as amended (7 U.S.C. 601– The order provides authority for the
fiscal period begins April 1 and ends 674), hereinafter referred to as the Committee, with the approval of USDA,
March 31. The assessment rate will ‘‘Act.’’ to formulate an annual budget of
remain in effect indefinitely unless The Department of Agriculture expenses and collect assessments from
modified, suspended, or terminated. (USDA) is issuing this rule in handlers to administer the program. The
DATES: Effective September 18, 2017. conformance with Executive Orders members of the Committee are growers
Comments received by November 14, 13563, and 13175. and handlers of Washington apricots.
2017, will be considered prior to This rule does not meet the definition They are familiar with the Committee’s
issuance of a final rule. of a significant regulatory action needs and with the costs for goods and
ADDRESSES: Interested persons are contained in section 3(f) of Executive services in their local area and are thus
invited to submit written comments Order, and is not subject to review by in a position to formulate an appropriate
concerning this rule. Comments must be the Office of Management and Budget budget and assessment rate. The
sent to the Docket Clerk, Marketing (OMB). Additionally, because this rule assessment rate is formulated and
Order and Agreement Division, does not meet the definition of a discussed in a public meeting. Thus, all
Specialty Crops Program, AMS, USDA, significant regulatory action it does not directly affected persons have an
mstockstill on DSK30JT082PROD with RULES
1400 Independence Avenue SW., STOP trigger the requirements contained in opportunity to participate and provide
0237, Washington, DC 20250–0237; Fax: Executive Order 13771. See OMB’s input.
(202) 720–8938; or Internet: http:// Memorandum titled ‘‘Interim Guidance For the 2016–2017 and subsequent
www.regulations.gov. Comments should Implementing Section 2 of the Executive fiscal periods, the Committee
reference the document number and the Order of January 30, 2017, titled recommended, and USDA approved, an
date and page number of this issue of ‘Reducing Regulation and Controlling assessment rate of $1.40 per ton of
the Federal Register and will be Regulatory Costs’ ’’ (February 2, 2017). apricots handled, that would continue
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![Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Rules and Regulations 43299
shipments of Washington apricots. After Vegetable and Specialty Crops. No List of Subjects in 7 CFR Part 922
an open discussion with growers, changes in those requirements as a Apricots, Marketing agreements,
handlers, and industry personnel, the result of this action are necessary. Reporting and recordkeeping
Committee established a crop estimate Should any changes become necessary, requirements.
for the 2017–2018 fiscal period of 6,000 they would be submitted to OMB for For the reasons set forth in the
tons. The Committee considered the approval. preamble, 7 CFR part 922 is amended as
crop estimate, the recommended 2017–
This action imposes no additional follows:
2018 fiscal period expenses, and the
Committee’s financial reserve when it reporting or recordkeeping requirements
on either small or large Washington PART 922—APRICOTS GROWN IN
recommended the assessment rate DESIGNATED COUNTIES IN
decrease. apricot handlers. As with all Federal
marketing order programs, reports and WASHINGTON
Prior to arriving at this budget and
assessment rate, the Committee forms are periodically reviewed to ■ 1. The authority citation for part 922
considered information from various reduce information requirements and continues to read as follows:
sources, such as a presentation from duplication by industry and public
Authority: 7 U.S.C. 601–674.
representatives of the Washington Stone sector agencies.
Fruit Commission and comments from AMS is committed to complying with ■ 2. Section 922.235 is revised to read
other industry participants. Alternative the E-Government Act, to promote the as follows:
expenditure levels and assessment rates use of the internet and other § 922.235 Assessment rate.
were discussed by these groups, based information technologies to provide
upon the relative value of various On and after April 1, 2017, an
increased opportunities for citizen assessment rate of $1.00 per ton is
activities to the apricot industry. The access to Government information and
Committee ultimately determined that established for Washington apricots
services, and for other purposes. handled in the production area.
the recommended budget was
appropriate and that assessments at USDA has not identified any relevant Dated: September 11, 2017.
$1.00 per ton, along with interest Federal rules that duplicate, overlap, or Bruce Summers,
income and the authorized reserve fund, conflict with this rule. Acting Administrator, Agricultural Marketing
would generate sufficient revenue to A small business guide on complying Service.
meet those budgeted expenses. with fruit, vegetable, and specialty crop [FR Doc. 2017–19553 Filed 9–14–17; 8:45 am]
A review of historical information and marketing agreements and orders may BILLING CODE 3410–02–P
preliminary information pertaining to be viewed at: http://www.ams.usda.gov/
the upcoming fiscal period indicates rules-regulations/moa/small-businesses.
that the grower price for the 2017–2018 Any questions about the compliance PENSION BENEFIT GUARANTY
season could range between $800 and guide should be sent to Richard Lower CORPORATION
$1,600 per ton of apricots. Therefore, at the previously mentioned address in
the estimated assessment revenue for 29 CFR Parts 4022 and 4044
the FOR FURTHER INFORMATION CONTACT
the 2017–2018 fiscal period as a
section.
percentage of total grower revenue Allocation of Assets in Single-
could range between 0.06 and 0.13 After consideration of all relevant Employer Plans; Benefits Payable in
percent. material presented, including the Terminated Single-Employer Plans;
This action decreases the assessment information and recommendation Interest Assumptions for Valuing and
obligation imposed on handlers. submitted by the Committee and other Paying Benefits
Assessments are applied uniformly on available information, it is hereby found
all handlers, and some of the costs may that this rule, as hereinafter set forth, AGENCY: Pension Benefit Guaranty
be passed on to growers. However, will tend to effectuate the declared Corporation.
decreasing the assessment rate reduces policy of the Act. ACTION: Final rule.
the burden on handlers, and may reduce Pursuant to 5 U.S.C. 553, it is also
the burden on growers. In addition, the SUMMARY: This final rule amends the
found and determined upon good cause Pension Benefit Guaranty Corporation’s
Committee’s meeting was widely
that it is impracticable, unnecessary, regulations on Benefits Payable in
publicized throughout the Washington
and contrary to the public interest to Terminated Single-Employer Plans and
apricot industry and all interested
persons were invited to attend the give preliminary notice prior to putting Allocation of Assets in Single-Employer
meeting and participate in Committee this rule into effect, and that good cause Plans to prescribe interest assumptions
deliberations on all issues. Like all exists for not postponing the effective under the benefit payments regulation
Committee meetings, the May 3, 2017, date of this rule until 30 days after for valuation dates in October 2017 and
meeting was a public meeting and all publication in the Federal Register interest assumptions under the asset
entities, both large and small, were able because: (1) This action decreases the allocation regulation for valuation dates
to express views on this issue. Finally, assessment rate for assessable apricots in the fourth quarter of 2017. The
interested persons are invited to submit beginning with the 2017–2018 fiscal interest assumptions are used for
comments on this interim rule, period; (2) handlers are aware of this valuing and paying benefits under
including the regulatory and action which was unanimously terminating single-employer plans
informational impacts of this action on recommended by the Committee at a covered by the pension insurance
system administered by PBGC.
mstockstill on DSK30JT082PROD with RULES
small businesses. public meeting and is similar to other
In accordance with the Paperwork assessment rate actions issued in past DATES: Effective October 1, 2017.
Reduction Act of 1995, (44 U.S.C. years; and (3) this interim rule provides FOR FURTHER INFORMATION CONTACT:
Chapter 35), the order’s information a 60-day comment period, and all Daniel S. Liebman (Liebman.daniel@
collection requirements have been comments timely received will be PBGC.gov), Acting Assistant General
previously approved by OMB and considered prior to finalization of this Counsel for Regulatory Affairs, Pension
assigned OMB No. 0581–0178; rule. Benefit Guaranty Corporation, 1200 K
VerDate Sep<11>2014 16:21 Sep 14, 2017 Jkt 241001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\15SER1.SGM 15SER1](https://thefederalregister.org/doc/82_FR_43475/page/3.svg)
Document Created: 2017-09-15 00:18:27
Document Modified: 2017-09-15 00:18:27
| 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 September 18, 2017. Comments received by November 14, 2017, will be considered prior to issuance of a final rule. | |
| Contact | Dale Novotny, Marketing Specialist, or Gary D. Olson, Regional Director, Northwest Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, Telephone: (503) 326-2724, Fax: (503) 326-7440, or Email: [email protected] or [email protected] | |
| FR Citation | 82 FR 43297 | |
| CFR Associated | Apricots; Marketing Agreements and Reporting and Recordkeeping Requirements |
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