82 FR 43667 - Pecans Grown in the States of Alabama, Arkansas, Arizona, California, Florida, Georgia, Kansas, Louisiana, Missouri, Mississippi, North Carolina, New Mexico, Oklahoma, South Carolina, and Texas; Establishment of Assessment Rates
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 82, Issue 180 (September 19, 2017)
Agricultural Marketing Service
Federal Register Volume 82, Issue 180 (September 19, 2017)
| Page Range | 43667-43670 | |
| FR Document | 2017-19554 |
[Federal Register Volume 82, Number 180 (Tuesday, September 19, 2017)] [Rules and Regulations] [Pages 43667-43670] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-19554] ======================================================================== 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. 180 / Tuesday, September 19, 2017 / Rules and Regulations [[Page 43667]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 986 [Doc. No. AMS-SC-17-0027; SC17-986-1 FR] Pecans Grown in the States of Alabama, Arkansas, Arizona, California, Florida, Georgia, Kansas, Louisiana, Missouri, Mississippi, North Carolina, New Mexico, Oklahoma, South Carolina, and Texas; Establishment of Assessment Rates AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule implements a recommendation from the American Pecan Council (Council) to establish the initial assessment rates for the 2016-17 and subsequent fiscal years at $0.03 per pound for improved varieties, $0.02 per pound for native and seedling varieties, and $0.02 per pound for substandard pecans handled under the pecan marketing order (order). The Council locally administers the order and is comprised of growers and handlers of pecans operating within the production area and a public member. Assessments upon pecan handlers will be used by the Council to fund reasonable and necessary expenses of the program. The fiscal year begins October 1 and ends September 30. The assessment rates will remain in effect indefinitely unless modified, suspended, or terminated. DATES: Effective September 20, 2017. FOR FURTHER INFORMATION CONTACT: Jennie M. Varela, Marketing Specialist, or Christian D. Nissen, Regional Director, Southeast Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (863) 324-3375, Fax: (863) 291-8614, or Email: Jennie.Varela@ams.usda.gov or Christian.Nissen@ams.usda.gov. 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: Richard.Lower@ams.usda.gov. SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Agreement and Order No. 986 (7 CFR part 986), regulating the handling of pecans grown in the states of Alabama, Arkansas, Arizona, California, Florida, Georgia, Kansas, Louisiana, Missouri, Mississippi, North Carolina, New Mexico, Oklahoma, South Carolina, and Texas, 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 12866 and is not subject to review by the Office of Management and Budget (OMB). Additionally, because this rule does not meet the definition of a significant regulatory action, it does not trigger the requirements contained in Executive Order 13771. See OMB's Memorandum titled ``Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017, titled `Reducing Regulation and Controlling Regulatory Costs'[thinsp]'' (February 2, 2017). This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the marketing order now in effect, pecan handlers are subject to assessments. Funds to administer the order are derived from such assessments. It is intended that the assessment rates as issued herein will be applicable to all assessable pecans beginning with the 2016-17 fiscal year that began on October 1, 2016, and continue until amended, suspended, or terminated. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. Such handler is afforded the opportunity for a hearing on the petition. After the hearing, USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This rule establishes assessment rates for the 2016-17 and subsequent fiscal years at $0.03 per pound for improved varieties and $0.02 per pound for native and seedling varieties and for substandard pecans handled. The assessment rates are applicable to all assessable pecans beginning on October 1, 2016, and continue until amended, suspended, or terminated. The order provides authority for the Council, 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 Council are growers and handlers of pecans and a public member. They are familiar with the Council's needs and with the costs for goods and services in their respective local areas and are thus in a position to formulate an appropriate budget and assessment rates. The assessment rates are formulated and discussed in a public meeting. Thus, all directly affected persons have an opportunity to participate and provide input. For the 2016-17 and subsequent fiscal years, the Council recommended, and USDA approved, assessment rates that would continue in effect from fiscal year to fiscal year unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the Council or other information available to USDA. The Council met on November 17, 2016, and unanimously recommended 2016-17 expenditures of $6,000,000 and assessment rates of $0.03 per pound for improved varieties, $0.02 per pound for native and seedling varieties, and $0.02 per pound for substandard pecans handled. These are the first budget of [[Page 43668]] expenditures and assessment rates established under this order. The major expenditures recommended by the Council for the 2016-17 year include $3,850,000 for marketing and promotion, $900,000 for administration, $250,000 for reporting and statistics, and $200,000 for compliance. The assessment rates recommended by the Council were derived by dividing anticipated expenses by expected shipments of pecans. Pecan shipments for the year are estimated at 260,000,000 pounds, with about 75 percent, or an estimated 195 million pounds of improved varieties and about 25 percent of native and seedling varieties and substandard pecans. This should provide adequate assessment income to cover the budgeted expenses and establish the authorized reserve. Income derived from handler assessments should be adequate to cover budgeted expenses. As the Council has no established reserve, its budget also allocated $500,000 for reserve funds to be carried into the next fiscal year. This will be within the maximum permitted by the order of approximately three fiscal years' expenses. If the assessment rates generate less money than is anticipated, the Council and the Agricultural Marketing Service (AMS) will adjust the budget accordingly. Although these assessment rates will be in effect for an indefinite period, the Council will continue to meet prior to or during each fiscal year to recommend a budget of expenses and consider recommendations for modification of the assessment rates. The dates and times of Council meetings are available from the Council or USDA. Council meetings are open to the public, and interested persons may express their views at these meetings. USDA will evaluate Council recommendations and other available information to determine whether modification of the assessment rate is needed. Further rulemaking will be undertaken as necessary. The Council's budget for subsequent fiscal years would be reviewed and, as appropriate, approved by USDA. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), AMS has considered the economic impact of this rule on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. There are approximately 2,500 producers of pecans in the production area and approximately 250 handlers subject to regulation under the marketing order. Small agricultural producers are defined by the Small Business Administration as those having annual receipts less than $750,000, and small agricultural service firms are defined as those whose annual receipts are less than $7,500,000 (13 CFR 121.201). According to information from the National Agricultural Statistics Service (NASS), the average grower price for pecans during the 2015-16 season was $2.20 per pound, and 254 million pounds were utilized. The value for pecans in that year totaled $558.8 million ($2.20 per pound multiplied by 254 million pounds). Taking the total value of production for pecans and dividing it by the total number of pecan producers provides a return per grower of $223,520. Using the average price and utilization information, and assuming a normal distribution, the majority of growers have annual receipts of less than $750,000. Evidence presented at the order promulgation hearing indicates an average handler margin of $0.58 per pound for in-shell pecans for an estimated handler price of $2.78 per pound. With a total 2015 production of 254 million pounds, the total value of production in 2015 was $706.12 million ($2.78 per pound multiplied by 254 million pounds). Taking the total value of production for pecans and dividing it by the total number of pecan handlers provides a return per handler of $2,824,480. Using this estimated price, the utilization volume, number of handlers, and assuming a normal distribution, the majority of handlers have annual receipts of less than $7,500,000. Thus, the majority of producers and handlers of pecans grown in the states of Alabama, Arkansas, Arizona, California, Florida, Georgia, Kansas, Louisiana, Missouri, Mississippi, North Carolina, New Mexico, Oklahoma, South Carolina, and Texas may be classified as small entities. This rule establishes the assessment rates to be collected from handlers for the 2016-17 and subsequent fiscal years. The Council unanimously recommended 2016-17 expenditures of $6,000,000 and an assessment rate of $0.03 per pound for improved varieties, $0.02 per pound for native and seedling varieties, and $0.02 per pound for substandard pecans handled. The quantity of pecans for the 2016-17 year is estimated at 260,000,000 pounds, with about 75 percent, or 195 million pounds, of improved varieties and about 25 percent of native and seedling varieties and substandard pecans. This should provide adequate assessment income to cover the budgeted expenses and establish the authorized reserve. Income derived from handler assessments should be adequate to cover budgeted expenses. As the Council has no established reserve, its budget also allocated $500,000 for reserve funds to be carried into the next fiscal year. This will be within the maximum permitted by the order of approximately three fiscal years' expenses. If the assessment rates generate less money than is anticipated, the Council and AMS will adjust the budget accordingly. The major expenditures recommended by the Council for the 2016-17 fiscal year include $3,850,000 for marketing and promotion, $900,000 for administration, $250,000 for reporting and statistics, and $200,000 for compliance. The Council's budget also includes a reserve of $500,000. These are initial budget expenditures and assessment rates for the order. The order establishes a range of assessment rates that are permissible during the initial four years of the order. Specifically, improved varieties shall be initially assessed at $0.02 to $0.03 per pound and native, seedling, and substandard pecans shall be initially assessed at $0.01 to $0.02 per pound. Prior to arriving at this budget and assessment rates, the Council considered information from various sources, such as the Council's Governance Committee and its Marketing, Research, and Development Committee. Alternative expenditure levels were discussed by these groups, based upon the relative value of various activities to the pecan industry. The Council also considered different assessment levels. Some members expressed concern regarding a $0.02 assessment on native, seedling, and substandard pecans, given the prices of those pecans. Another member suggested the idea of establishing a lower rate for substandard pecans. The need to collect sufficient assessments to fund the start-up costs for the order and the development of a marketing program was also noted. After consideration and discussion, the Council unanimously supported the levels as recommended. A communication from one of the states in the production area that recommended postponing the [[Page 43669]] establishment of an assessment rate was also considered. The Council determined that waiting until the next fiscal year to establish assessment rates would be costly in terms of time lost for a program that had been anticipated by the industry to improve its marketing. The Council also recognized that the industry had been notified through multiple outlets of communication of the possible range of assessments in the order. The Council expressed a preference to establish these rates and begin its work immediately rather than borrowing funds and being limited in its operations until the coming fiscal year. Therefore, these alternatives were rejected, and the Council ultimately determined that 2016-17 expenditures of $6,000,000 were appropriate and the recommended assessment rates would generate sufficient revenue to meet its expenses. A review of historical information and preliminary information pertaining to the upcoming production year indicates the grower price for the 2016-17 season could range between $1.73 and $2.31 per pound for improved varieties, and between $0.88 and $1.36 per pound for native and seedling pecans. Therefore, the estimated assessment revenue for the 2016-17 crop year as a percentage of total grower revenue could range between 1.3 and 1.7 percent for improved pecans and 1.5 and 2.2 percent for native and seedling pecans. This action establishes an 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 producers. However, these costs would be offset by the benefits derived by the operation of the marketing order. In addition, the Council's meeting was widely publicized throughout the pecan industry and all interested persons were invited to attend the meeting and participate in Council deliberations on all issues. Like all Council meetings, the November 17, 2016, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the order's information collection requirements have been previously approved by OMB and assigned OMB No. 0581-0291 ``Pecans Grown in AL, AR, AZ, CA, FL, GA, KS, LA, MO, MS, NC, NM, OK, SC and TX.'' No changes in those requirements are necessary as a result of this action. However, the Council is recommending reporting requirements, to include information on pecans received, shipped, exported, or in inventory, which would facilitate the collection of the assessments. These requirements are being considered under a separate action. Should any changes to the information collection requirements become necessary, they would be submitted to OMB for approval. This rule imposes no additional reporting or recordkeeping requirements on either small or large pecan handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. As noted in the initial regulatory flexibility analysis, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this final rule. AMS is committed to complying with the E-Government Act, to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. A proposed rule concerning this action was published in the Federal Register on June, 13, 2017 (82 FR 27028). Copies of the proposed rule were also mailed or sent via facsimile to all known pecan handlers. Finally, the proposal was made available through the internet by USDA and the Office of the Federal Register. A 30-day comment period ending July 13, 2017, was provided for interested persons to respond to the proposal. Two comments were received during the comment period in response to the proposal. The commenters included a State Farm Bureau and Council staff. Both comments expressed support for finalizing the proposed rule as issued. Each commenter valued the opportunity to market and promote pecans. One comment further highlighted the industry's need for product research for market and economic development. Accordingly, no changes will be made to the rule as proposed, based on the comments received. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: http://www.ams.usda.gov/rules-regulations/moa/small-businesses. Any questions about the compliance guide should be sent to Richard Lower at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. After consideration of all relevant material presented, including the information and recommendation submitted by the Council and other available information, it is hereby found that this rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act. Pursuant to 5 U.S.C. 553, it is also found and determined that good cause exists for not postponing the effective date of this rule until 30 days after publication in the Federal Register because handlers are aware of this action, which was unanimously recommended by the Council at a public meeting. The proposed rule provided for a 30-day comment period and no comments opposing the proposal were received. Furthermore, the 2016-17 fiscal year ends on September 30, 2017, and the marketing order requires that the rate of assessment for each fiscal year apply to all pecans handled during such fiscal year. If this rule is not effective before September 30, 2017, the Council will not have sufficient funds to cover expenses it has incurred for the 2016-17 crop year. List of Subjects in 7 CFR Part 986 Marketing agreements, Pecans, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 986 is amended as follows: PART 986--PECANS GROWN IN THE STATES OF ALABAMA, ARKANSAS, ARIZONA, CALIFORNIA, FLORIDA, GEORGIA, KANSAS, LOUISIANA, MISSOURI, MISSISSIPPI, NORTH CAROLINA, NEW MEXICO, OKLAHOMA, SOUTH CAROLINA, AND TEXAS 0 1. The authority citation for 7 CFR part 986 continues to read as follows: Authority: 7 U.S.C. 601-674. Sec. Sec. 986.1 through 986.99 [Designated as Subpart A] 0 2. Designate Sec. Sec. 986.1 through 986.99 as subpart A and add a heading for subpart A to read as follows: Subpart A--Order Regulating Handling of Pecans 0 3. Add subpart B, consisting of Sec. 986.161, to read as follows: Subpart B--Administrative Provisions Sec. 986.161 Assessment rates. On and after October 1, 2016, assessment rates of $0.03 per pound for pecans classified as improved, $0.02 per pound for pecans classified as native and seedling, and $0.02 per pound for pecans classified as substandard pecans are established. [[Page 43670]] Dated: September 11, 2017. Bruce Summers, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2017-19554 Filed 9-18-17; 8:45 am] BILLING CODE 3410-02-P
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Rules and Regulations Federal Register
Vol. 82, No. 180
Tuesday, September 19, 2017
This section of the FEDERAL REGISTER Small businesses may request order, any provision of the order, or any
contains regulatory documents having general information on complying with this obligation imposed in connection with
applicability and legal effect, most of which regulation by contacting Richard Lower, the order is not in accordance with law
are keyed to and codified in the Code of Marketing Order and Agreement and request a modification of the order
Federal Regulations, which is published under Division, Specialty Crops Program, or to be exempted therefrom. Such
50 titles pursuant to 44 U.S.C. 1510.
AMS, USDA, 1400 Independence handler is afforded the opportunity for
The Code of Federal Regulations is sold by Avenue SW., STOP 0237, Washington, a hearing on the petition. After the
the Superintendent of Documents. DC 20250–0237; Telephone: (202) 720– hearing, USDA would rule on the
2491, Fax: (202) 720–8938, or Email: petition. The Act provides that the
Richard.Lower@ams.usda.gov. district court of the United States in any
DEPARTMENT OF AGRICULTURE SUPPLEMENTARY INFORMATION: This rule district in which the handler is an
is issued under Marketing Agreement inhabitant, or has his or her principal
Agricultural Marketing Service place of business, has jurisdiction to
and Order No. 986 (7 CFR part 986),
regulating the handling of pecans grown review USDA’s ruling on the petition,
7 CFR Part 986 provided an action is filed not later than
in the states of Alabama, Arkansas,
[Doc. No. AMS–SC–17–0027; SC17–986–1 Arizona, California, Florida, Georgia, 20 days after the date of the entry of the
FR] Kansas, Louisiana, Missouri, ruling.
Mississippi, North Carolina, New This rule establishes assessment rates
Pecans Grown in the States of Mexico, Oklahoma, South Carolina, and for the 2016–17 and subsequent fiscal
Alabama, Arkansas, Arizona, Texas, hereinafter referred to as the years at $0.03 per pound for improved
California, Florida, Georgia, Kansas, ‘‘order.’’ The order is effective under the varieties and $0.02 per pound for native
Louisiana, Missouri, Mississippi, North Agricultural Marketing Agreement Act and seedling varieties and for
Carolina, New Mexico, Oklahoma, of 1937, as amended (7 U.S.C. 601–674), substandard pecans handled. The
South Carolina, and Texas; hereinafter referred to as the ‘‘Act.’’ assessment rates are applicable to all
Establishment of Assessment Rates The Department of Agriculture assessable pecans beginning on October
(USDA) is issuing this rule in 1, 2016, and continue until amended,
AGENCY: Agricultural Marketing Service, conformance with Executive Orders
USDA. suspended, or terminated.
13563 and 13175. This rule does not The order provides authority for the
ACTION: Final rule. meet the definition of a significant Council, with the approval of USDA, to
regulatory action contained in section formulate an annual budget of expenses
SUMMARY: This rule implements a
3(f) of Executive Order 12866 and is not and collect assessments from handlers
recommendation from the American
subject to review by the Office of to administer the program. The
Pecan Council (Council) to establish the
Management and Budget (OMB). members of the Council are growers and
initial assessment rates for the 2016–17
Additionally, because this rule does not handlers of pecans and a public
and subsequent fiscal years at $0.03 per
meet the definition of a significant member. They are familiar with the
pound for improved varieties, $0.02 per
regulatory action, it does not trigger the Council’s needs and with the costs for
pound for native and seedling varieties,
requirements contained in Executive goods and services in their respective
and $0.02 per pound for substandard
Order 13771. See OMB’s Memorandum local areas and are thus in a position to
pecans handled under the pecan
titled ‘‘Interim Guidance Implementing formulate an appropriate budget and
marketing order (order). The Council
Section 2 of the Executive Order of assessment rates. The assessment rates
locally administers the order and is
January 30, 2017, titled ‘Reducing are formulated and discussed in a
comprised of growers and handlers of
Regulation and Controlling Regulatory public meeting. Thus, all directly
pecans operating within the production
Costs’ ’’ (February 2, 2017). affected persons have an opportunity to
area and a public member. Assessments This rule has been reviewed under
upon pecan handlers will be used by the participate and provide input.
Executive Order 12988, Civil Justice
Council to fund reasonable and Reform. Under the marketing order now For the 2016–17 and subsequent fiscal
necessary expenses of the program. The in effect, pecan handlers are subject to years, the Council recommended, and
fiscal year begins October 1 and ends assessments. Funds to administer the USDA approved, assessment rates that
September 30. The assessment rates will order are derived from such would continue in effect from fiscal year
remain in effect indefinitely unless assessments. It is intended that the to fiscal year unless modified,
modified, suspended, or terminated. assessment rates as issued herein will be suspended, or terminated by USDA
DATES: Effective September 20, 2017. applicable to all assessable pecans upon recommendation and information
FOR FURTHER INFORMATION CONTACT: beginning with the 2016–17 fiscal year submitted by the Council or other
Jennie M. Varela, Marketing Specialist, that began on October 1, 2016, and information available to USDA.
asabaliauskas on DSKBBXCHB2PROD with RULES
or Christian D. Nissen, Regional continue until amended, suspended, or The Council met on November 17,
Director, Southeast Marketing Field terminated. 2016, and unanimously recommended
Office, Marketing Order and Agreement The Act provides that administrative 2016–17 expenditures of $6,000,000 and
Division, Specialty Crops Program, proceedings must be exhausted before assessment rates of $0.03 per pound for
AMS, USDA; Telephone: (863) 324– parties may file suit in court. Under improved varieties, $0.02 per pound for
3375, Fax: (863) 291–8614, or Email: section 608c(15)(A) of the Act, any native and seedling varieties, and $0.02
Jennie.Varela@ams.usda.gov or handler subject to an order may file per pound for substandard pecans
Christian.Nissen@ams.usda.gov. with USDA a petition stating that the handled. These are the first budget of
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![Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Rules and Regulations 43669
establishment of an assessment rate was shipped, exported, or in inventory, that this rule, as hereinafter set forth,
also considered. The Council which would facilitate the collection of will tend to effectuate the declared
determined that waiting until the next the assessments. These requirements are policy of the Act.
fiscal year to establish assessment rates being considered under a separate Pursuant to 5 U.S.C. 553, it is also
would be costly in terms of time lost for action. Should any changes to the found and determined that good cause
a program that had been anticipated by information collection requirements exists for not postponing the effective
the industry to improve its marketing. become necessary, they would be date of this rule until 30 days after
The Council also recognized that the submitted to OMB for approval. publication in the Federal Register
industry had been notified through This rule imposes no additional because handlers are aware of this
multiple outlets of communication of reporting or recordkeeping requirements action, which was unanimously
the possible range of assessments in the on either small or large pecan handlers. recommended by the Council at a public
order. The Council expressed a As with all Federal marketing order meeting. The proposed rule provided for
preference to establish these rates and programs, reports and forms are a 30-day comment period and no
begin its work immediately rather than periodically reviewed to reduce comments opposing the proposal were
borrowing funds and being limited in its information requirements and received. Furthermore, the 2016–17
operations until the coming fiscal year. duplication by industry and public fiscal year ends on September 30, 2017,
Therefore, these alternatives were sector agencies. As noted in the initial and the marketing order requires that
rejected, and the Council ultimately regulatory flexibility analysis, USDA the rate of assessment for each fiscal
determined that 2016–17 expenditures has not identified any relevant Federal year apply to all pecans handled during
of $6,000,000 were appropriate and the rules that duplicate, overlap, or conflict such fiscal year. If this rule is not
recommended assessment rates would with this final rule. effective before September 30, 2017, the
generate sufficient revenue to meet its AMS is committed to complying with
Council will not have sufficient funds to
expenses. the E-Government Act, to promote the
cover expenses it has incurred for the
A review of historical information and use of the internet and other
2016–17 crop year.
preliminary information pertaining to information technologies to provide
the upcoming production year indicates increased opportunities for citizen List of Subjects in 7 CFR Part 986
the grower price for the 2016–17 season access to Government information and
could range between $1.73 and $2.31 services, and for other purposes. Marketing agreements, Pecans,
per pound for improved varieties, and A proposed rule concerning this Reporting and recordkeeping
between $0.88 and $1.36 per pound for action was published in the Federal requirements.
native and seedling pecans. Therefore, Register on June, 13, 2017 (82 FR For the reasons set forth in the
the estimated assessment revenue for 27028). Copies of the proposed rule preamble, 7 CFR part 986 is amended as
the 2016–17 crop year as a percentage were also mailed or sent via facsimile to follows:
of total grower revenue could range all known pecan handlers. Finally, the
between 1.3 and 1.7 percent for proposal was made available through PART 986—PECANS GROWN IN THE
improved pecans and 1.5 and 2.2 the internet by USDA and the Office of STATES OF ALABAMA, ARKANSAS,
percent for native and seedling pecans. the Federal Register. A 30-day comment ARIZONA, CALIFORNIA, FLORIDA,
This action establishes an assessment period ending July 13, 2017, was GEORGIA, KANSAS, LOUISIANA,
obligation imposed on handlers. While provided for interested persons to MISSOURI, MISSISSIPPI, NORTH
assessments impose some additional respond to the proposal. Two comments CAROLINA, NEW MEXICO,
costs on handlers, the costs are minimal were received during the comment OKLAHOMA, SOUTH CAROLINA, AND
and uniform on all handlers. Some of period in response to the proposal. The TEXAS
the additional costs may be passed on commenters included a State Farm
to producers. However, these costs Bureau and Council staff. ■ 1. The authority citation for 7 CFR
would be offset by the benefits derived Both comments expressed support for part 986 continues to read as follows:
by the operation of the marketing order. finalizing the proposed rule as issued.
Authority: 7 U.S.C. 601–674.
In addition, the Council’s meeting was Each commenter valued the opportunity
widely publicized throughout the pecan to market and promote pecans. One §§ 986.1 through 986.99 [Designated as
industry and all interested persons were comment further highlighted the Subpart A]
invited to attend the meeting and industry’s need for product research for
■ 2. Designate §§ 986.1 through 986.99
participate in Council deliberations on market and economic development.
all issues. Like all Council meetings, the as subpart A and add a heading for
Accordingly, no changes will be made
November 17, 2016, meeting was a subpart A to read as follows:
to the rule as proposed, based on the
public meeting and all entities, both comments received. Subpart A—Order Regulating Handling
large and small, were able to express A small business guide on complying of Pecans
views on this issue. with fruit, vegetable, and specialty crop
In accordance with the Paperwork marketing agreements and orders may ■ 3. Add subpart B, consisting of
Reduction Act of 1995 (44 U.S.C. be viewed at: http://www.ams.usda.gov/ § 986.161, to read as follows:
Chapter 35), the order’s information rules-regulations/moa/small-businesses.
collection requirements have been Any questions about the compliance Subpart B—Administrative Provisions
previously approved by OMB and guide should be sent to Richard Lower
asabaliauskas on DSKBBXCHB2PROD with RULES
assigned OMB No. 0581–0291 ‘‘Pecans § 986.161 Assessment rates.
at the previously mentioned address in
Grown in AL, AR, AZ, CA, FL, GA, KS, the FOR FURTHER INFORMATION CONTACT On and after October 1, 2016,
LA, MO, MS, NC, NM, OK, SC and TX.’’ section. assessment rates of $0.03 per pound for
No changes in those requirements are After consideration of all relevant pecans classified as improved, $0.02 per
necessary as a result of this action. material presented, including the pound for pecans classified as native
However, the Council is recommending information and recommendation and seedling, and $0.02 per pound for
reporting requirements, to include submitted by the Council and other pecans classified as substandard pecans
information on pecans received, available information, it is hereby found are established.
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![43670 Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Rules and Regulations
Dated: September 11, 2017. Executive Order 12372, RUS generally must prepare a written
Bruce Summers, Intergovernmental Review of Federal statement, including a cost-benefit
Acting Administrator, Agricultural Marketing Programs analysis, for proposed and final rules
Service. This program is subject to the with Federal mandates that may result
[FR Doc. 2017–19554 Filed 9–18–17; 8:45 am] provisions of Executive Order 12372, in expenditures to State, local, or tribal
BILLING CODE 3410–02–P which requires intergovernmental governments, in the aggregate, or to the
consultation with State and local private sector, of $100 million or more
officials. RUS conducts in any one year. When such a statement
DEPARTMENT OF AGRICULTURE intergovernmental consultations for is needed for a rule, section 205 of the
each loan in the manner delineated in UMRA generally requires RUS to
Rural Utilities Service
2 CFR part 200 and 400. identify and consider a reasonable
7 CFR Part 1780 Executive Order 13175, Consultation number of regulatory alternatives and
and Coordination With Indian Tribal adopt the least costly, most cost-
RIN 0572–AC36 effective, or least burdensome
Governments
Water and Waste Loans and Grants The Agency has determined that this alternative that achieves the objectives
final rule does not have a substantial of the rule.
AGENCY: Rural Utilities Service, USDA.
direct effect on one or more Indian This final rule contains no Federal
ACTION: Final rule. tribe(s) or on either the relationship or mandates (under the regulatory
SUMMARY: The Rural Utilities Service the distribution of powers and provisions of title II of the UMRA) for
(RUS), a Rural Development agency of responsibilities between the Federal State, local, and tribal governments or
the United States Department of Government and Indian tribes. Thus, the private sector. Therefore, this final
Agriculture (USDA), is revising the this final rule is not subject to the rule is not subject to the requirements
regulation used to process water and requirements of Executive Order 13175. of sections 202 and 205 of the UMRA.
waste disposal loans and grants to Consequently, the Agency will not
remove the reference to the 11–GO Bond conduct tribal consultation sessions. Regulatory Flexibility Act
Buyer Index. This change will allow the Executive Order 12988, Civil Justice The Regulatory Flexibility Act (5
Agency to respond to changes in indices Reform U.S.C. 601–602) (RFA) generally
and potentially reduce the budget requires an agency to prepare a
authority necessary to fund the program. This final rule has been reviewed
under Executive Order 12988, Civil regulatory flexibility analysis of any rule
DATES: This rule is effective October 19,
Justice Reform. In accordance with this subject to notice and comment
2017.
final rule: (1) All State and local laws rulemaking requirements under the
FOR FURTHER INFORMATION CONTACT: and regulations that are in conflict with Administrative Procedure Act (APA) or
Susan Woolard, Community Programs this rule will be preempted; (2) No any other statute. This final rule;
Specialist, Rural Utilities Service, U.S. retroactive effect will be given to this however, is not subject to the APA
Department of Agriculture, STOP 1570, rule; and (3) Administrative proceedings under 5 U.S.C. 553(a)(2) and 5 U.S.C.
1400 Independence Ave. SW., of the National Appeals Division (7 CFR
Washington, DC 20250–0787, telephone: 553(b)(3)(A) nor any other statute.
part 11) must be exhausted before
(202) 720–9631. Email contact bringing suit in court challenging action Executive Order 13132, Federalism
susan.woolard@wdc.usda.gov. taken under this rule.
Additional Information about Rural It has been determined, under E.O.
Development and its programs is National Environmental Policy Act 13132, Federalism, that the policies
available on the Internet at https:// Certification contained in this final rule do not have
www.rd.usda.gov. The final rule has been reviewed in any substantial direct effect on states, on
SUPPLEMENTARY INFORMATION: accordance with 7 CFR part 1970, the relationship between the national
Environmental Policies and Procedures. government and the states, or on the
Executive Order 12866 The Agency has determined that this distribution of power and
This final rule has been determined to action does not constitute a major responsibilities among the various
be non-significant for purposes of Federal action significantly affecting the levels of government. Nor does this final
Executive Order (E.O.) 12866 and quality of the human environment and, rule impose substantial direct
therefore has not been reviewed by the in accordance with the National compliance costs on state and local
Office of Management and Budget Environmental Policy Act (NEPA) of governments. Therefore, consultation
(OMB). 1969, 42 U.S.C. 4321 et seq., an with the states is not required.
Environmental Impact Statement is not
Catalog of Federal Domestic Assistance E-Government Act Compliance
required. Loan and grant applications
The affected programs are listed in the will be reviewed individually to
Catalog of Federal Domestic Assistance The Agency is committed to
determine compliance with Agency
(CFDA) Program under 10.760, Water complying with the E-Government Act,
environmental regulations and with
and Waste Disposal Systems for Rural which requires Government agencies in
NEPA.
Communities. This catalog is available general to provide the public the option
asabaliauskas on DSKBBXCHB2PROD with RULES
electronically through the free CFDA Unfunded Mandates Reform Act of submitting information or transacting
Web site on the Internet at https:// Title II of the Unfunded Mandates business electronically to the maximum
www.cfda.gov/. The print edition may Reform Act of 1995 (UMRA), Public extent possible and to promote the use
be purchased by calling the Law 104–4, establishes requirements for of the Internet and other information
Superintendent of Documents at (202) Federal agencies to assess the effects of technologies to provide increased
512–1800 or toll free at (866) 512–1800, their regulatory actions on State, local, opportunities for citizen access to
or by ordering online at https:// and tribal governments and the private Government information and services,
bookstore.gpo.gov/. sector. Under section 202 of the UMRA, and for other purposes.
VerDate Sep<11>2014 16:10 Sep 18, 2017 Jkt 241001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\19SER1.SGM 19SER1](https://thefederalregister.org/doc/82_FR_43847/page/4.svg)
Document Created: 2018-10-24 14:18:02
Document Modified: 2018-10-24 14:18:02
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective September 20, 2017. | |
| Contact | Jennie M. Varela, Marketing Specialist, or Christian D. Nissen, Regional Director, Southeast Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (863) 324-3375, Fax: (863) 291-8614, or Email: [email protected] or [email protected] | |
| FR Citation | 82 FR 43667 | |
| CFR Associated | Marketing Agreements; Pecans and Reporting and Recordkeeping Requirements |
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