82_FR_43683 82 FR 43504 - Pears Grown in Oregon and Washington; Increased Assessment Rate for Processed Pears

82 FR 43504 - Pears Grown in Oregon and Washington; Increased Assessment Rate for Processed Pears

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 82, Issue 179 (September 18, 2017)

Page Range43504-43506
FR Document2017-19615

This proposed rule would implement a recommendation from the Processed Pear Committee (Committee) to increase the assessment rate established for the 2017-2018 and subsequent fiscal periods from $7.00 to $8.00 per ton of ``summer/fall'' pears for canning. The Committee locally administers the marketing order and is comprised of growers, handlers, and processors of processed pears grown in Oregon and Washington. Assessments upon processed pear handlers are used by the Committee to fund reasonable and necessary expenses of the marketing order. The fiscal period begins July 1 and ends June 30. The assessment rate would remain in effect indefinitely unless modified, suspended or terminated.

Federal Register, Volume 82 Issue 179 (Monday, September 18, 2017)
[Federal Register Volume 82, Number 179 (Monday, September 18, 2017)]
[Proposed Rules]
[Pages 43504-43506]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19615]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / 
Proposed Rules

[[Page 43504]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 927

[Doc. No. AMS-SC-17-0045; SC17-927-1 PR]


Pears Grown in Oregon and Washington; Increased Assessment Rate 
for Processed Pears

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: This proposed rule would implement a recommendation from the 
Processed Pear Committee (Committee) to increase the assessment rate 
established for the 2017-2018 and subsequent fiscal periods from $7.00 
to $8.00 per ton of ``summer/fall'' pears for canning. The Committee 
locally administers the marketing order and is comprised of growers, 
handlers, and processors of processed pears grown in Oregon and 
Washington. Assessments upon processed pear handlers are used by the 
Committee to fund reasonable and necessary expenses of the marketing 
order. The fiscal period begins July 1 and ends June 30. The assessment 
rate would remain in effect indefinitely unless modified, suspended or 
terminated.

DATES: Comments must be received by October 3, 2017.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this proposed rule. Comments must be sent to the Docket 
Clerk, Marketing Order and Agreement Division, Specialty Crops Program, 
AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 
20250-0237; Fax: (202) 720-8938; or internet: http://www.regulations.gov. Comments should reference the document number and 
the date and page number of this issue of the Federal Register and will 
be made available for public inspection in the Office of the Docket 
Clerk during regular business hours, or can be viewed at: http://www.regulations.gov. All comments submitted in response to this 
proposed rule will be included in the record and will be made available 
to the public. Please be advised that the identity of the individuals 
or entities submitting the comments will be made public on the internet 
at the address provided above.

FOR FURTHER INFORMATION CONTACT: Teresa Hutchinson or Gary Olson, 
Northwest Marketing Field Office, Marketing Order and Agreement 
Division, Specialty Crops Program, AMS, USDA; Telephone: (503) 326-
2724, Fax: (503) 326-7440, or Email: [email protected] or 
[email protected].
    Small businesses may request information on complying with this 
regulation by contacting Richard Lower, Marketing Order and Agreement 
Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue 
SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, 
Fax: (202) 720-8938, or Email: [email protected].

SUPPLEMENTARY INFORMATION: This proposed rule is issued under Marketing 
Order No. 927, as amended (7 CFR part 927), regulating the handling of 
pears grown in Oregon and 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 proposed rule 
in conformance with Executive Orders 13563, and 13175.
    This proposed 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 proposed 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 proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. Under the order now in effect, Oregon and 
Washington pear handlers are subject to assessments. Funds to 
administer the order are derived from such assessments. It is intended 
that the assessment rate, as proposed herein, would be applicable to 
all assessable ``summer/fall'' pears for canning beginning July 1, 
2017, and continue until amended, suspended, or terminated.
    The Act provides that administrative proceedings must be exhausted 
before parties may file suit in court. Under section 608c(15)(A) of the 
Act, any handler subject to an order may file with USDA a petition 
stating that the order, any provision of the order, or any obligation 
imposed in connection with the order is not in accordance with law and 
request a modification of the order or to be exempted therefrom. Such 
handler is afforded the opportunity for a hearing on the petition. 
After the hearing, USDA would rule on the petition. The Act provides 
that the district court of the United States in any district in which 
the handler is an inhabitant, or has his or her principal place of 
business, has jurisdiction to review USDA's ruling on the petition, 
provided an action is filed not later than 20 days after the date of 
the entry of the ruling.
    This proposed rule would increase the assessment rate established 
for the Committee for the 2017-2018 and subsequent fiscal periods from 
$7.00 to $8.00 per ton for ``summer/fall'' pears for canning handled 
under the order. The assessment rate for ``winter'' and ``other'' pears 
for processing would remain unchanged at zero.
    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, handlers, and processors of Oregon and 
Washington processed pears. 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 2012-2013 and subsequent fiscal periods, the Committee 
recommended, and the USDA approved,

[[Page 43505]]

the following three base rates of assessment: (a) $7.00 per ton for any 
or all varieties or subvarieties of pears for canning classified as 
``summer/fall'', excluding pears for other methods of processing; (b) 
$0.00 per ton for any or all varieties or subvarieties of pears for 
processing classified as ``winter''; and (c) $0.00 per ton for any or 
all varieties or subvarieties of pears for processing classified as 
``other''. The assessment on ``summer/fall'' pears applies only to 
pears for canning and excludes pears for other methods of processing 
defined in Sec.  927.15, as pears for concentrate, freezing, 
dehydrating, pressing, or in any other way to convert pears into a 
processed product. This rate continues 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 31, 2017, and unanimously recommended 
expenditures of $800,150 for the 2017-2018 fiscal period. In 
comparison, the previous fiscal period's budgeted expenditures were 
$855,268. The Committee also unanimously recommended an assessment rate 
of $8.00 per ton for ``summer/fall'' pears for canning. The recommended 
assessment rate of $8.00 is $1.00 higher than the rate currently in 
effect.
    The major expenditures recommended by the Committee for the 2017-
2018 fiscal period include $605,606 for promotion and paid advertising, 
$147,694 for research, $25,000 for administration, and $21,850 for 
Committee expenses. In comparison, major expenditures for the 2016-2017 
fiscal period included $682,130 for promotion and paid advertising, 
$127,288 for research, $25,000 for administration, and $20,850 for 
Committee expenses.
    Committee members estimate the 2017-2018 crop to be 100,000 tons, 
which would be less than the 2016-2017 production of 103,000 tons by 
3,000 tons. Pear production tends to fluctuate due to the effects of 
weather, pollination, and tree health. Because of the anticipated 
smaller crop, the Committee recommended to both lower budgeted expenses 
and increase the assessment rate for ``summer/fall'' pears in order to 
align assessment income with expenses.
    The Committee's recommended assessment rate was derived by dividing 
the 2017-2018 anticipated expenses by the expected shipments of 
``summer/fall'' pears for canning, while also taking into account 
interest income and the Committee's monetary reserve. Shipments of 
``summer/fall'' pears for canning for 2017-2018 are estimated at 
100,000 tons, which should provide $800,000 (100,000 tons x $8.00 per 
ton) in assessment income. The projected revenue from handler 
assessments, together with funds from interest income, would be 
adequate to cover the 2017-2018 budgeted expenses of $800,150.
    Section 927.42(a) of the order authorizes the Committee to carry 
over excess funds into subsequent fiscal periods as a reserve, provided 
that funds do not exceed approximately one year's operational expenses. 
The Committee expects its monetary reserve, which was estimated to be 
$544,990 at the end of the 2016-2017 fiscal period, to remain unchanged 
during the 2017-2018 fiscal period. That amount would be within the 
provisions of the order and would provide the Committee with greater 
ability to absorb fluctuations in assessment income and expenses into 
the future.
    The proposed assessment rate would continue in effect indefinitely 
unless modified, suspended, or terminated by USDA upon recommendation 
and information submitted by the Committee or other available 
information.
    Although this assessment rate would be in effect for an indefinite 
period, the Committee 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 would evaluate Committee 
recommendations and other available information to determine whether 
modification of the assessment rate is needed. Further rulemaking would 
be undertaken as necessary. The Committee's 2017-2018 budget, and those 
for subsequent fiscal periods, would be reviewed and, as appropriate, 
approved by USDA.

Initial Regulatory Flexibility Analysis

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS) 
has considered the economic impact of this proposed rule on small 
entities. Accordingly, AMS has prepared this initial regulatory 
flexibility analysis.
    The purpose of the RFA is to fit regulatory actions to the scale of 
businesses subject to such actions in order that small businesses will 
not be unduly or disproportionately burdened. Marketing orders issued 
pursuant to the Act, and the rules issued thereunder, are unique in 
that they are brought about through group action of essentially small 
entities acting on their own behalf.
    There are approximately 1,200 growers of processed pears in the 
regulated production area and approximately 50 processed pear handlers 
subject to regulation under the order. Small agricultural producers are 
defined by the Small Business Administration (SBA)(13 CFR 121.201) as 
those having annual receipts of less than $750,000, and small 
agricultural service firms are defined as those whose annual receipts 
are less than $7,500,000.
    According to the Noncitrus Fruits and Nuts 2016 Summary issued in 
June 2017 by the National Agricultural Statistics Service, the total 
farm-gate value of ``summer/fall'' processed pears grown in Oregon and 
Washington for 2016 was $27,874,000. Based on the number of ``summer/
fall'' processed pear growers in the Oregon and Washington, the average 
gross revenue for each grower can be estimated at approximately $23,228 
($27,874,000 divided by 1,200). Furthermore, based on Committee 
records, the Committee has estimated that all of the Oregon-Washington 
pear handlers currently ship less than $7,500,000 worth of processed 
pears each on an annual basis. From this information, it is concluded 
that the majority of growers and handlers of Oregon and Washington 
processed pears may be classified as small entities.
    This proposed rule would increase the assessment rate established 
for the Committee, and collected from handlers, for the 2017-2018 and 
subsequent fiscal periods from $7.00 to $8.00 per ton for ``summer/
fall'' pears for canning. The Committee unanimously recommended 2017-
2018 expenditures of $800,150 and an assessment rate of $8.00 per ton 
for ``summer/fall'' pears for canning. The proposed assessment rate of 
$8.00 is $1.00 higher than the rate established for the 2012-2013 
fiscal period. Because of the anticipated smaller crop, the Committee 
recommended to both lower budgeted expenses and increase the assessment 
rate for ``summer/fall'' pears in order to align assessment income with 
expenses.
    The 2017-2018 estimate of ``summer/fall'' pears for canning is 
100,000 tons. At the proposed $8.00 per ton assessment rate, the 
Committee anticipates that assessment income of approximately $800,000, 
along with interest income, would be adequate to cover budgeted 
expenses for the 2017-

[[Page 43506]]

2018 fiscal period of $800,150. With the proposed assessment rate and 
budgeted expense level, the Committee does not anticipate utilizing any 
funds from the monetary reserve. As such, reserve funds are estimated 
to be $544,990 at the end of the 2017-2018 fiscal period on June 30, 
2018. That reserve level is within the maximum permitted by the order 
of approximately one fiscal period's operational expenses (Sec.  
927.42(a)).
    The major expenditures recommended by the Committee for the 2017-
2018 fiscal period include $605,606 for promotion and paid advertising; 
$147,694 for research; $25,000 for administration; and $21,850 for 
Committee expenses. In comparison, major expenditures for the 2016-2017 
fiscal period included $682,130 for promotion and paid advertising; 
$127,288 for research; $25,000 for administration; and $20,850 for 
Committee expenses.
    The Committee discussed alternatives to this action, including 
recommending alternative expenditure levels and assessment rates. 
Although lower assessment rates were considered, none were selected 
because they would not have generated sufficient income to administer 
the order. Similarly, the Committee did not recommend lower levels of 
budgeted expenditures than proposed herein because it would have 
reduced the effectiveness of the program.
    A review of historical data and preliminary information pertaining 
to the upcoming fiscal period indicates that the grower price for the 
2017-2018 fiscal period could range between $325 and $346 per ton of 
``summer/fall'' processed pears. Therefore, the estimated assessment 
revenue for the 2017-2018 fiscal period, as a percentage of total 
grower revenue could range between 2.31 and 2.46 percent.
    This action would 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 
additional costs may be passed on to growers. However, these costs 
would be offset by the benefits derived by the operation of the order.
    In addition, the Committee's meeting was widely publicized 
throughout the processed pear 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 31, 
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 proposed rule, including 
the regulatory and informational impacts of this action on small 
businesses.
    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), the order's information collection requirements have been 
previously approved by OMB and assigned OMB No. 0581-0189 (Generic 
Fruit Crops). No changes in those requirements as a result of this 
action are necessary. Should any changes become necessary, they would 
be submitted to OMB for approval.
    This proposed rule would not impose any additional reporting or 
recordkeeping requirements on either small or large processed pear 
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 action.
    A small business guide on complying with fruit, vegetable, and 
specialty crop marketing agreements and orders may be viewed at: http://www.ams.usda.gov/rules-regulations/moa/small-businesses. Any questions 
about the compliance guide should be sent to Richard Lower at the 
previously mentioned address in the FOR FURTHER INFORMATION CONTACT 
section.
    A 15-day comment period is provided to allow interested persons to 
respond to this proposed rule. Fifteen days is deemed appropriate 
because handlers are aware of this action, which was unanimously 
recommended by the Committee at a public meeting.

List of Subjects in 7 CFR Part 927

    Marketing agreements, Pears, Reporting and recordkeeping 
requirements.

    For the reasons set forth in the preamble, 7 CFR part 927 is 
proposed to be amended as follows:

PART 927--PEARS GROWN IN OREGON AND WASHINGTON

0
1. The authority citation for 7 CFR part 927 continues to read as 
follows:

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

Subpart A--[AMENDED]

0
2. Designate the subpart labeled ``Order Regulating Handling'' as 
subpart A.

Subpart B--[Administrative Provisions]

0
3. Designate the subpart labeled ``Rules and Regulations'' as subpart B 
and revise the heading as shown above.
0
4. Amend Sec.  927.237 by revising the introductory text and paragraph 
(a) to read as follows:


Sec.  927.237  Processed pear assessment rate.

    On and after July 1, 2017, the following base rates of assessment 
for pears for processing are established for the Processed Pear 
Committee:
    (a) $8.00 per ton for any or all varieties or subvarieties of pears 
for canning classified as ``summer/fall'' excluding pears for other 
methods of processing;
* * * * *

    Dated: September 12, 2017.
Bruce Summers,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2017-19615 Filed 9-15-17; 8:45 am]
 BILLING CODE 3410-02-P



                                                  43504

                                                  Proposed Rules                                                                                                Federal Register
                                                                                                                                                                Vol. 82, No. 179

                                                                                                                                                                Monday, September 18, 2017



                                                  This section of the FEDERAL REGISTER                    hours, or can be viewed at: http://                   handlers are subject to assessments.
                                                  contains notices to the public of the proposed          www.regulations.gov. All comments                     Funds to administer the order are
                                                  issuance of rules and regulations. The                  submitted in response to this proposed                derived from such assessments. It is
                                                  purpose of these notices is to give interested          rule will be included in the record and               intended that the assessment rate, as
                                                  persons an opportunity to participate in the            will be made available to the public.                 proposed herein, would be applicable to
                                                  rule making prior to the adoption of the final
                                                  rules.
                                                                                                          Please be advised that the identity of the            all assessable ‘‘summer/fall’’ pears for
                                                                                                          individuals or entities submitting the                canning beginning July 1, 2017, and
                                                                                                          comments will be made public on the                   continue until amended, suspended, or
                                                  DEPARTMENT OF AGRICULTURE                               internet at the address provided above.               terminated.
                                                                                                          FOR FURTHER INFORMATION CONTACT:                         The Act provides that administrative
                                                  Agricultural Marketing Service                          Teresa Hutchinson or Gary Olson,                      proceedings must be exhausted before
                                                                                                          Northwest Marketing Field Office,                     parties may file suit in court. Under
                                                  7 CFR Part 927                                          Marketing Order and Agreement                         section 608c(15)(A) of the Act, any
                                                  [Doc. No. AMS–SC–17–0045; SC17–927–1                    Division, Specialty Crops Program,                    handler subject to an order may file
                                                  PR]                                                     AMS, USDA; Telephone: (503) 326–                      with USDA a petition stating that the
                                                                                                          2724, Fax: (503) 326–7440, or Email:                  order, any provision of the order, or any
                                                  Pears Grown in Oregon and                               Teresa.Hutchinson@ams.usda.gov or                     obligation imposed in connection with
                                                  Washington; Increased Assessment                        GaryD.Olson@ams.usda.gov.                             the order is not in accordance with law
                                                  Rate for Processed Pears                                   Small businesses may request                       and request a modification of the order
                                                                                                          information on complying with this                    or to be exempted therefrom. Such
                                                  AGENCY:  Agricultural Marketing Service,                regulation by contacting Richard Lower,               handler is afforded the opportunity for
                                                  USDA.                                                   Marketing Order and Agreement                         a hearing on the petition. After the
                                                  ACTION: Proposed rule.                                  Division, Specialty Crops Program,                    hearing, USDA would rule on the
                                                                                                          AMS, USDA, 1400 Independence                          petition. The Act provides that the
                                                  SUMMARY:   This proposed rule would
                                                                                                          Avenue SW., STOP 0237, Washington,                    district court of the United States in any
                                                  implement a recommendation from the
                                                                                                          DC 20250–0237; Telephone: (202) 720–                  district in which the handler is an
                                                  Processed Pear Committee (Committee)
                                                                                                          2491, Fax: (202) 720–8938, or Email:                  inhabitant, or has his or her principal
                                                  to increase the assessment rate
                                                                                                          Richard.Lower@ams.usda.gov.                           place of business, has jurisdiction to
                                                  established for the 2017–2018 and
                                                                                                          SUPPLEMENTARY INFORMATION: This                       review USDA’s ruling on the petition,
                                                  subsequent fiscal periods from $7.00 to
                                                                                                          proposed rule is issued under Marketing               provided an action is filed not later than
                                                  $8.00 per ton of ‘‘summer/fall’’ pears for
                                                                                                          Order No. 927, as amended (7 CFR part                 20 days after the date of the entry of the
                                                  canning. The Committee locally
                                                                                                          927), regulating the handling of pears                ruling.
                                                  administers the marketing order and is
                                                                                                          grown in Oregon and Washington,                          This proposed rule would increase
                                                  comprised of growers, handlers, and
                                                                                                          hereinafter referred to as the ‘‘order.’’             the assessment rate established for the
                                                  processors of processed pears grown in
                                                                                                          The order is effective under the                      Committee for the 2017–2018 and
                                                  Oregon and Washington. Assessments
                                                                                                          Agricultural Marketing Agreement Act                  subsequent fiscal periods from $7.00 to
                                                  upon processed pear handlers are used
                                                                                                          of 1937, as amended (7 U.S.C. 601–674),               $8.00 per ton for ‘‘summer/fall’’ pears
                                                  by the Committee to fund reasonable
                                                                                                          hereinafter referred to as the ‘‘Act.’’               for canning handled under the order.
                                                  and necessary expenses of the marketing
                                                                                                             The Department of Agriculture                      The assessment rate for ‘‘winter’’ and
                                                  order. The fiscal period begins July 1
                                                                                                          (USDA) is issuing this proposed rule in               ‘‘other’’ pears for processing would
                                                  and ends June 30. The assessment rate
                                                                                                          conformance with Executive Orders                     remain unchanged at zero.
                                                  would remain in effect indefinitely
                                                                                                          13563, and 13175.                                        The order provides authority for the
                                                  unless modified, suspended or
                                                                                                             This proposed rule does not meet the               Committee, with the approval of USDA,
                                                  terminated.
                                                                                                          definition of a significant regulatory                to formulate an annual budget of
                                                  DATES: Comments must be received by                     action contained in section 3(f) of                   expenses and collect assessments from
                                                  October 3, 2017.                                        Executive Order 12866, and is not                     handlers to administer the program. The
                                                  ADDRESSES: Interested persons are                       subject to review by the Office of                    members of the Committee are growers,
                                                  invited to submit written comments                      Management and Budget (OMB).                          handlers, and processors of Oregon and
                                                  concerning this proposed rule.                          Additionally, because this proposed                   Washington processed pears. They are
                                                  Comments must be sent to the Docket                     rule does not meet the definition of a                familiar with the Committee’s needs,
                                                  Clerk, Marketing Order and Agreement                    significant regulatory action, it does not            and with the costs for goods and
                                                  Division, Specialty Crops Program,                      trigger the requirements contained in                 services in their local area, and are thus
                                                  AMS, USDA, 1400 Independence                            Executive Order 13771. See OMB’s                      in a position to formulate an appropriate
                                                  Avenue SW., STOP 0237, Washington,                      Memorandum titled, ‘‘Interim Guidance                 budget and assessment rate. The
sradovich on DSKBBY8HB2PROD with PROPOSALS




                                                  DC 20250–0237; Fax: (202) 720–8938; or                  Implementing Section 2 of the Executive               assessment rate is formulated and
                                                  internet: http://www.regulations.gov.                   Order of January 30, 2017, titled,                    discussed in a public meeting. Thus, all
                                                  Comments should reference the                           ‘Reducing Regulation and Controlling                  directly affected persons have an
                                                  document number and the date and                        Regulatory Costs’ ’’ (February 2, 2017).              opportunity to participate and provide
                                                  page number of this issue of the Federal                   This proposed rule has been reviewed               input.
                                                  Register and will be made available for                 under Executive Order 12988, Civil                       For the 2012–2013 and subsequent
                                                  public inspection in the Office of the                  Justice Reform. Under the order now in                fiscal periods, the Committee
                                                  Docket Clerk during regular business                    effect, Oregon and Washington pear                    recommended, and the USDA approved,


                                             VerDate Sep<11>2014   16:27 Sep 15, 2017   Jkt 241001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\18SEP1.SGM   18SEP1


                                                                      Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Proposed Rules                                          43505

                                                  the following three base rates of                       Shipments of ‘‘summer/fall’’ pears for                unduly or disproportionately burdened.
                                                  assessment: (a) $7.00 per ton for any or                canning for 2017–2018 are estimated at                Marketing orders issued pursuant to the
                                                  all varieties or subvarieties of pears for              100,000 tons, which should provide                    Act, and the rules issued thereunder, are
                                                  canning classified as ‘‘summer/fall’’,                  $800,000 (100,000 tons × $8.00 per ton)               unique in that they are brought about
                                                  excluding pears for other methods of                    in assessment income. The projected                   through group action of essentially
                                                  processing; (b) $0.00 per ton for any or                revenue from handler assessments,                     small entities acting on their own
                                                  all varieties or subvarieties of pears for              together with funds from interest                     behalf.
                                                  processing classified as ‘‘winter’’; and                income, would be adequate to cover the                   There are approximately 1,200
                                                  (c) $0.00 per ton for any or all varieties              2017–2018 budgeted expenses of                        growers of processed pears in the
                                                  or subvarieties of pears for processing                 $800,150.                                             regulated production area and
                                                  classified as ‘‘other’’. The assessment on                Section 927.42(a) of the order                      approximately 50 processed pear
                                                  ‘‘summer/fall’’ pears applies only to                   authorizes the Committee to carry over                handlers subject to regulation under the
                                                  pears for canning and excludes pears for                excess funds into subsequent fiscal                   order. Small agricultural producers are
                                                  other methods of processing defined in                  periods as a reserve, provided that funds             defined by the Small Business
                                                  § 927.15, as pears for concentrate,                     do not exceed approximately one year’s                Administration (SBA)(13 CFR 121.201)
                                                  freezing, dehydrating, pressing, or in                  operational expenses. The Committee                   as those having annual receipts of less
                                                  any other way to convert pears into a                   expects its monetary reserve, which was               than $750,000, and small agricultural
                                                  processed product. This rate continues                  estimated to be $544,990 at the end of                service firms are defined as those whose
                                                  in effect from fiscal period to fiscal                  the 2016–2017 fiscal period, to remain                annual receipts are less than $7,500,000.
                                                  period unless modified, suspended, or                   unchanged during the 2017–2018 fiscal                    According to the Noncitrus Fruits and
                                                  terminated by USDA upon                                 period. That amount would be within                   Nuts 2016 Summary issued in June 2017
                                                  recommendation and information                          the provisions of the order and would                 by the National Agricultural Statistics
                                                  submitted by the Committee or other                     provide the Committee with greater                    Service, the total farm-gate value of
                                                  information available to USDA.                          ability to absorb fluctuations in                     ‘‘summer/fall’’ processed pears grown in
                                                     The Committee met on May 31, 2017,                   assessment income and expenses into                   Oregon and Washington for 2016 was
                                                  and unanimously recommended                             the future.                                           $27,874,000. Based on the number of
                                                  expenditures of $800,150 for the 2017–                    The proposed assessment rate would                  ‘‘summer/fall’’ processed pear growers
                                                  2018 fiscal period. In comparison, the                  continue in effect indefinitely unless                in the Oregon and Washington, the
                                                  previous fiscal period’s budgeted                       modified, suspended, or terminated by                 average gross revenue for each grower
                                                  expenditures were $855,268. The                         USDA upon recommendation and                          can be estimated at approximately
                                                  Committee also unanimously                              information submitted by the                          $23,228 ($27,874,000 divided by 1,200).
                                                  recommended an assessment rate of                       Committee or other available                          Furthermore, based on Committee
                                                  $8.00 per ton for ‘‘summer/fall’’ pears                 information.                                          records, the Committee has estimated
                                                  for canning. The recommended                              Although this assessment rate would                 that all of the Oregon-Washington pear
                                                  assessment rate of $8.00 is $1.00 higher                be in effect for an indefinite period, the            handlers currently ship less than
                                                  than the rate currently in effect.                      Committee will continue to meet prior                 $7,500,000 worth of processed pears
                                                     The major expenditures                               to or during each fiscal period to                    each on an annual basis. From this
                                                  recommended by the Committee for the                    recommend a budget of expenses and                    information, it is concluded that the
                                                  2017–2018 fiscal period include                         consider recommendations for                          majority of growers and handlers of
                                                  $605,606 for promotion and paid                         modification of the assessment rate. The              Oregon and Washington processed pears
                                                  advertising, $147,694 for research,                     dates and times of Committee meetings                 may be classified as small entities.
                                                  $25,000 for administration, and $21,850                 are available from the Committee or                      This proposed rule would increase
                                                  for Committee expenses. In comparison,                  USDA. Committee meetings are open to                  the assessment rate established for the
                                                  major expenditures for the 2016–2017                    the public and interested persons may                 Committee, and collected from
                                                  fiscal period included $682,130 for                     express their views at these meetings.                handlers, for the 2017–2018 and
                                                  promotion and paid advertising,                         USDA would evaluate Committee                         subsequent fiscal periods from $7.00 to
                                                  $127,288 for research, $25,000 for                      recommendations and other available                   $8.00 per ton for ‘‘summer/fall’’ pears
                                                  administration, and $20,850 for                         information to determine whether                      for canning. The Committee
                                                  Committee expenses.                                     modification of the assessment rate is                unanimously recommended 2017–2018
                                                     Committee members estimate the                       needed. Further rulemaking would be                   expenditures of $800,150 and an
                                                  2017–2018 crop to be 100,000 tons,                      undertaken as necessary. The                          assessment rate of $8.00 per ton for
                                                  which would be less than the 2016–                      Committee’s 2017–2018 budget, and                     ‘‘summer/fall’’ pears for canning. The
                                                  2017 production of 103,000 tons by                      those for subsequent fiscal periods,                  proposed assessment rate of $8.00 is
                                                  3,000 tons. Pear production tends to                    would be reviewed and, as appropriate,                $1.00 higher than the rate established
                                                  fluctuate due to the effects of weather,                approved by USDA.                                     for the 2012–2013 fiscal period. Because
                                                  pollination, and tree health. Because of                                                                      of the anticipated smaller crop, the
                                                  the anticipated smaller crop, the                       Initial Regulatory Flexibility Analysis               Committee recommended to both lower
                                                  Committee recommended to both lower                       Pursuant to requirements set forth in               budgeted expenses and increase the
                                                  budgeted expenses and increase the                      the Regulatory Flexibility Act (RFA) (5               assessment rate for ‘‘summer/fall’’ pears
                                                  assessment rate for ‘‘summer/fall’’ pears               U.S.C. 601–612), the Agricultural                     in order to align assessment income
                                                  in order to align assessment income                     Marketing Service (AMS) has                           with expenses.
sradovich on DSKBBY8HB2PROD with PROPOSALS




                                                  with expenses.                                          considered the economic impact of this                   The 2017–2018 estimate of ‘‘summer/
                                                     The Committee’s recommended                          proposed rule on small entities.                      fall’’ pears for canning is 100,000 tons.
                                                  assessment rate was derived by dividing                 Accordingly, AMS has prepared this                    At the proposed $8.00 per ton
                                                  the 2017–2018 anticipated expenses by                   initial regulatory flexibility analysis.              assessment rate, the Committee
                                                  the expected shipments of ‘‘summer/                       The purpose of the RFA is to fit                    anticipates that assessment income of
                                                  fall’’ pears for canning, while also taking             regulatory actions to the scale of                    approximately $800,000, along with
                                                  into account interest income and the                    businesses subject to such actions in                 interest income, would be adequate to
                                                  Committee’s monetary reserve.                           order that small businesses will not be               cover budgeted expenses for the 2017–


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                                                  43506               Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Proposed Rules

                                                  2018 fiscal period of $800,150. With the                Finally, interested persons are invited to            Subpart A—[AMENDED]
                                                  proposed assessment rate and budgeted                   submit comments on this proposed rule,
                                                  expense level, the Committee does not                   including the regulatory and                          ■ 2. Designate the subpart labeled
                                                  anticipate utilizing any funds from the                 informational impacts of this action on               ‘‘Order Regulating Handling’’ as subpart
                                                  monetary reserve. As such, reserve                      small businesses.                                     A.
                                                  funds are estimated to be $544,990 at                      In accordance with the Paperwork                   Subpart B—[Administrative
                                                  the end of the 2017–2018 fiscal period                  Reduction Act of 1995 (44 U.S.C.                      Provisions]
                                                  on June 30, 2018. That reserve level is                 Chapter 35), the order’s information
                                                  within the maximum permitted by the                     collection requirements have been                     ■  3. Designate the subpart labeled
                                                  order of approximately one fiscal                       previously approved by OMB and                        ‘‘Rules and Regulations’’ as subpart B
                                                  period’s operational expenses                           assigned OMB No. 0581–0189 (Generic                   and revise the heading as shown above.
                                                  (§ 927.42(a)).                                          Fruit Crops). No changes in those                     ■ 4. Amend § 927.237 by revising the
                                                     The major expenditures                               requirements as a result of this action               introductory text and paragraph (a) to
                                                  recommended by the Committee for the                    are necessary. Should any changes                     read as follows:
                                                  2017–2018 fiscal period include                         become necessary, they would be                       § 927.237    Processed pear assessment
                                                  $605,606 for promotion and paid                         submitted to OMB for approval.                        rate.
                                                  advertising; $147,694 for research;                        This proposed rule would not impose
                                                  $25,000 for administration; and $21,850                                                                         On and after July 1, 2017, the
                                                                                                          any additional reporting or                           following base rates of assessment for
                                                  for Committee expenses. In comparison,                  recordkeeping requirements on either
                                                  major expenditures for the 2016–2017                                                                          pears for processing are established for
                                                                                                          small or large processed pear handlers.               the Processed Pear Committee:
                                                  fiscal period included $682,130 for                     As with all Federal marketing order
                                                  promotion and paid advertising;                                                                                 (a) $8.00 per ton for any or all
                                                                                                          programs, reports and forms are                       varieties or subvarieties of pears for
                                                  $127,288 for research; $25,000 for                      periodically reviewed to reduce
                                                  administration; and $20,850 for                                                                               canning classified as ‘‘summer/fall’’
                                                                                                          information requirements and                          excluding pears for other methods of
                                                  Committee expenses.                                     duplication by industry and public
                                                     The Committee discussed alternatives                                                                       processing;
                                                                                                          sector agencies.                                      *     *     *     *    *
                                                  to this action, including recommending
                                                                                                             AMS is committed to complying with
                                                  alternative expenditure levels and                                                                              Dated: September 12, 2017.
                                                                                                          the E-Government Act, to promote the
                                                  assessment rates. Although lower                                                                              Bruce Summers,
                                                                                                          use of the internet and other
                                                  assessment rates were considered, none                                                                        Acting Administrator, Agricultural Marketing
                                                                                                          information technologies to provide
                                                  were selected because they would not                                                                          Service.
                                                                                                          increased opportunities for citizen
                                                  have generated sufficient income to                                                                           [FR Doc. 2017–19615 Filed 9–15–17; 8:45 am]
                                                                                                          access to Government information and
                                                  administer the order. Similarly, the
                                                                                                          services, and for other purposes.                     BILLING CODE 3410–02–P
                                                  Committee did not recommend lower
                                                  levels of budgeted expenditures than                       USDA has not identified any relevant
                                                  proposed herein because it would have                   Federal rules that duplicate, overlap or
                                                  reduced the effectiveness of the                        conflict with this action.                            ENVIRONMENTAL PROTECTION
                                                  program.                                                   A small business guide on complying                AGENCY
                                                     A review of historical data and                      with fruit, vegetable, and specialty crop
                                                                                                          marketing agreements and orders may                   40 CFR Part 52
                                                  preliminary information pertaining to
                                                  the upcoming fiscal period indicates                    be viewed at: http://www.ams.usda.gov/                [EPA–R06–OAR–2017–0435; FRL–9967–51–
                                                  that the grower price for the 2017–2018                 rules-regulations/moa/small-businesses.               Region 6]
                                                  fiscal period could range between $325                  Any questions about the compliance
                                                  and $346 per ton of ‘‘summer/fall’’                     guide should be sent to Richard Lower                 Approval and Promulgation of
                                                  processed pears. Therefore, the                         at the previously mentioned address in                Implementation Plans; Arkansas;
                                                  estimated assessment revenue for the                    the FOR FURTHER INFORMATION CONTACT                   Revisions to Minor New Source Review
                                                  2017–2018 fiscal period, as a percentage                section.                                              Program
                                                  of total grower revenue could range                        A 15-day comment period is provided                AGENCY:  Environmental Protection
                                                  between 2.31 and 2.46 percent.                          to allow interested persons to respond                Agency (EPA).
                                                     This action would increase the                       to this proposed rule. Fifteen days is                ACTION: Proposed rule.
                                                  assessment obligation imposed on                        deemed appropriate because handlers
                                                  handlers. While assessments impose                      are aware of this action, which was                   SUMMARY:   Pursuant to the Federal Clean
                                                  some additional costs on handlers, the                  unanimously recommended by the                        Air Act (CAA or the Act), the
                                                  costs are minimal and uniform on all                    Committee at a public meeting.                        Environmental Protection Agency (EPA)
                                                  handlers. Some of the additional costs                  List of Subjects in 7 CFR Part 927                    is proposing to approve revisions to the
                                                  may be passed on to growers. However,                                                                         Arkansas State Implementation Plan
                                                  these costs would be offset by the                        Marketing agreements, Pears,                        (SIP) minor New Source Review (NSR)
                                                  benefits derived by the operation of the                Reporting and recordkeeping                           program submitted on July 26, 2010,
                                                  order.                                                  requirements.                                         and March 24, 2017, including
                                                     In addition, the Committee’s meeting                   For the reasons set forth in the                    supplemental information provided on
                                                  was widely publicized throughout the                    preamble, 7 CFR part 927 is proposed to               November 30, 2015, May 26, 2016, and
sradovich on DSKBBY8HB2PROD with PROPOSALS




                                                  processed pear industry and all                         be amended as follows:                                July 27, 2017. Specifically, we are
                                                  interested persons were invited to                                                                            proposing to approve revisions that
                                                  attend the meeting and participate in                   PART 927—PEARS GROWN IN                               revise the minor NSR permitting
                                                  Committee deliberations on all issues.                  OREGON AND WASHINGTON                                 thresholds and de minimis levels, as
                                                  Like all Committee meetings, the May                                                                          well as, additional non-substantive
                                                  31, 2017, meeting was a public meeting                  ■ 1. The authority citation for 7 CFR                 revisions. This proposed action is
                                                  and all entities, both large and small,                 part 927 continues to read as follows:                consistent with the requirements of
                                                  were able to express views on this issue.                   Authority: 7 U.S.C. 601–674.                      section 110 of the CAA.


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Document Created: 2017-09-16 00:51:50
Document Modified: 2017-09-16 00:51:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received by October 3, 2017.
ContactTeresa Hutchinson or Gary Olson, Northwest Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (503) 326- 2724, Fax: (503) 326-7440, or Email: [email protected] or [email protected]
FR Citation82 FR 43504 
CFR AssociatedMarketing Agreements; Pears and Reporting and Recordkeeping Requirements

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