82 FR 6210 - Almonds Grown in California; Change in Quality Control Requirements
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 82, Issue 12 (January 19, 2017)
Agricultural Marketing Service
Federal Register Volume 82, Issue 12 (January 19, 2017)
| Page Range | 6210-6212 | |
| FR Document | 2017-00589 |
[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)] [Rules and Regulations] [Pages 6210-6212] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-00589] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 981 [Doc. No. AMS-SC-16-0047; SC16-981-3 FIR] Almonds Grown in California; Change in Quality Control Requirements AGENCY: Agricultural Marketing Service, USDA. ACTION: Affirmation of interim rule as final rule. ----------------------------------------------------------------------- SUMMARY: The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim rule implementing a recommendation from the Almond Board of California (Board) that relaxed the quality control requirements prescribed under the California almond marketing order (order). The Board locally administers the order and is comprised of growers and handlers operating within California. The interim rule relaxed incoming quality requirements by increasing the inedible kernel tolerance from 0.50 percent to 2 percent. This relaxation decreases California almond handlers' disposition obligation. This change also allows handlers more flexibility in their operations while continuing to maintain quality control and ensuring compliance with the order's requirements. DATES: Effective January 20, 2017. FOR FURTHER INFORMATION CONTACT: Andrea Ricci, Marketing Specialist or Jeffrey Smutny, Regional Director, California Marketing Field Office, [[Page 6211]] Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (559) 487-5901, Fax: (559) 487-5906, or Email: [email protected] or [email protected]. Small businesses may obtain information on complying with this and other marketing order regulations by viewing a guide at the following Web site: http://www.ams.usda.gov/rules-regulations/moa/small-businesses; or by contacting Richard Lower, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: [email protected]. SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Order No. 981, as amended (7 CFR part 981), regulating the handling of almonds grown in California, hereinafter referred to as the ``order.'' The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.'' The Department of Agriculture (USDA) is issuing this rule in conformance with Executive Orders 12866, 13563, and 13175. Section 981.442 of the order regulates almond quality, including the percentage of inedible (low quality) kernels required to be disposed of by handlers. Previously, the weight of inedible kernels in excess of 0.50 percent of kernel weight of almonds received by each handler constituted the handler's disposition obligation. Handlers must satisfy their obligation by disposing of the inedible kernels in Board- accepted, non-human outlets such as animal feed or oil. In the past several years, total inedible kernel percentages have been trending lower. This is partially due to good agricultural practices used by growers and better technologies in handler facilities. At the same time, the market value of almonds has increased significantly. As a result, some of the Board-accepted outlets have started to clean and repurpose almonds disposed under the obligation causing concern that product is being sold for human consumption without following the order's outgoing quality requirements. Increasing the inedible kernel tolerance to 2 percent provides handlers more control over low quality product, helping ensure any product destined for human consumption is compliant with the order's outgoing quality requirements. In an interim rule published in the Federal Register on August 17, 2016, and effective on August 18, 2016, (81 FR 54719, Doc. No. AMS-SC-16-0047, SC16-981-3 IR), Sec. 981.442(a)(4)(i) was amended by changing the disposition obligation from 0.5 percent to 2 percent. This rule continues in effect that action. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS) has considered the economic impact of this action 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 6,800 almond growers in the production area and approximately 100 handlers subject to regulation under the marketing order. Small agricultural producers are defined by the Small Business Administration (SBA) as those having annual receipts of less than $750,000, and small agricultural service firms are defined as those whose annual receipts are less than $7,500,000 (13 CFR 121.201). The National Agricultural Statistics Service (NASS) reported in its 2012 Agricultural Census that there were 6,841 almond farms in the production area (California), of which 6,204 had bearing acres. The following computation provides an estimate of the proportion of producers (farms) and agricultural service firms (handlers) that would be considered small under the SBA definitions. The NASS Census data indicates that out of the 6,204 California farms with bearing acres of almonds, 4,471 (72 percent) have fewer than 100 bearing acres. For the almond industry's most recently reported crop year (2015), NASS reported an average yield of 2,130 pounds per acre, and a season average grower price of $2.84 per pound. A 100-acre farm with an average yield of 2,130 pounds per acre would produce about 213,000 pounds of almonds. At $2.84 per pound, that farm's production would be valued at $604,920. Since Census of Agriculture indicates that the majority of California's almond farms are smaller than 100 acres, it could be concluded that the majority of growers had annual receipts from the sale of almonds in 2015 of less than $604,920, which is below the SBA threshold of $750,000. Thus, over 70 percent of California's almond growers would be considered small growers according to SBA's definition. According to information supplied by the Board, approximately 30 percent of California's almond handlers shipped almonds valued under $7,500,000 during the 2014-15 crop year, and would, therefore, be considered small handlers according to the SBA definition. This rule continues in effect the revision of Sec. 981.442(a)(4)(i), which relaxed incoming quality requirements by increasing the inedible kernel tolerance from 0.50 percent to 2 percent. This relaxation decreases California almond handlers' disposition obligation, and also allows handlers more flexibility in their operations while continuing to maintain quality control and ensuring compliance with the order's requirements. Authority for this action is provided in Sec. 981.42(a) of the order. Regarding the impact of this action on affected entities, increasing the inedible kernel tolerance reduces disposition obligation on handlers and provides handlers with more flexibility and control over the low quality product. This rule is not expected to change handler inspection costs, as handlers currently are required to have all lots inspected to determine the percentage of inedible kernels. 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 the Office of Management and Budget (OMB) and assigned OMB No. 0581-0178 (Vegetable and Specialty Crops.) No changes are necessary in those requirements as a result of this action. Should any changes become necessary, they would be submitted to OMB for approval. This rule will not impose any additional reporting or recordkeeping requirements on either small or large almond 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. In addition, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. Further, the Board's meeting was widely publicized throughout the almond industry and all interested [[Page 6212]] persons were invited to attend the meeting and participate in Board deliberations. Like all Board meetings, the April 12, 2016, meeting was a public meeting and all entities, both large and small, were able to express their views on this issue. Comments on the interim rule were required to be received on or before October 17, 2016. Two comments were received. One commenter stated that this change will allow almond handlers to have more flexibility with their operations. The other commenter stated the increase in tolerance should lead to a decrease in price. Marketing orders do not regulate price. Therefore, for the reasons given in the interim rule, we are adopting the interim rule as a final rule, without change. To view the interim rule, go to: https://www.regulations.gov/docket?D=AMS-SC-16-0047. This action also affirms information contained in the interim rule concerning Executive Orders 12866, 12988, 13175, and 13563; the Paperwork Reduction Act (44 U.S.C. Chapter 35); and the E-Gov Act (44 U.S.C. 101). After consideration of all relevant material presented, it is found that finalizing the interim rule, without change, as published in the Federal Register (81 FR 54719) will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 981 Almonds, Marketing agreements, Nuts, Reporting and recordkeeping requirements. PART 981--ALMONDS GROWN IN CALIFORNIA 0 Accordingly, the interim rule that amended 7 CFR part 981 and that was published 81 FR 54719 on August 17, 2016, is adopted as a final rule, without change. Dated: January 9, 2017. Bruce Summers, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2017-00589 Filed 1-18-17; 8:45 am] BILLING CODE 3410-02-P
![6210 Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations
work they will do, and the risks posed ■ a. In paragraph (a)(1)(iii), by adding (c) The individual or entity must
by the select agents or toxins. The the words ‘‘or other storage container’’ promptly produce upon request any
training must be accomplished prior to after the word ‘‘freezer’’. information that is related to the
the individual’s entry into an area ■ b. By revising paragraph (a)(1)(v). requirements of this part but is not
where a select agent is handled or ■ c. In paragraph (a)(3)(v), by adding the otherwise contained in a record
stored, or within 12 months of the date words ‘‘or other storage container’’ after required to be kept by this section. The
the individual was approved by the the word ‘‘freezer’’. location of such information may
Administrator or the HHS Secretary for ■ d. By removing the word ‘‘and’’ at the include, but is not limited to,
access, whichever is earlier. end of paragraph (a)(6) and removing biocontainment certifications,
(2) Each individual not approved for the period at the end of paragraph (a)(7) laboratory notebooks, institutional
access to select agents and toxins by the and adding the word ‘‘; and’’ in its biosafety and/or animal use committee
Administrator or HHS Secretary before place. minutes and approved protocols, and
that individual enters areas under escort ■ e. By adding paragraph (a)(8). records associated with occupational
where select agents or toxins are ■ f. By revising paragraphs (b) and (c). health and suitability programs. All
handled or stored (e.g., laboratories, The addition and revisions read as records created under this part must be
growth chambers, animal rooms, follows: maintained for 3 years.
greenhouses, storage areas, shipping/ § 121.17 Records. Done in Washington, DC, this 10th day of
receiving areas, production facilities, (a) * * * January 2017.
etc.). Training for escorted personnel (1) * * * Elvis S. Cordova,
must be based on the risk associated (v) The select agent used, purpose of Acting Under Secretary for Marketing and
with accessing areas where select agents use, and, when applicable, final Regulatory Programs.
and toxins are used and/or stored. The disposition; [FR Doc. 2017–00857 Filed 1–18–17; 8:45 am]
training must be accomplished prior to
* * * * * BILLING CODE 3410–34–P
the individual’s entry into where select
(8) For select agents or material
agents or toxins are handled or stored
containing select agents or regulated
(e.g., laboratories, growth chambers, DEPARTMENT OF AGRICULTURE
nucleic acids that can produce
animal rooms, greenhouses, storage
infectious forms of any select agent
areas, shipping/receiving areas, Agricultural Marketing Service
virus that have been subjected to a
production facilities, etc.).
validated inactivation procedure or a
* * * * * procedure for removal of viable select 7 CFR Part 981
(e) The responsible official must agent: [Doc. No. AMS–SC–16–0047; SC16–981–3
ensure and document that individuals (i) A written description of the FIR]
are provided the contact information of validated inactivation procedure or
the USDA Office of Inspector General viable select agent removal method Almonds Grown in California; Change
Hotline and the HHS Office of Inspector used, including validation data; in Quality Control Requirements
General Hotline so that they may (ii) A written description of the
anonymously report any safety or AGENCY: Agricultural Marketing Service,
viability testing protocol used; USDA.
security concerns related to select (iii) A written description of the
agents and toxins. investigation conducted by the entity ACTION: Affirmation of interim rule as
responsible official involving an final rule.
■ 28. Section § 121.16 is amended as
follows: inactivation or viable select agent SUMMARY: The Department of
■ a. In paragraph (a), by redesignating removal failure and the corrective Agriculture (USDA) is adopting, as a
footnote 12 as footnote 14. actions taken; final rule, without change, an interim
■ b. By revising paragraph (b) (iv) The name of each individual rule implementing a recommendation
introductory text. performing the validated inactivation or from the Almond Board of California
■ c. By adding paragraph (l).
viable select agent removal method; (Board) that relaxed the quality control
(v) The date(s) the validated
The addition and revision read as requirements prescribed under the
inactivation or viable select agent
follows: California almond marketing order
removal method was completed;
(order). The Board locally administers
§ 121.16 Transfers. (vi) The location where the validated
the order and is comprised of growers
* * * * * inactivation or viable select agent
and handlers operating within
(b) A transfer may be authorized if: removal method was performed; and
(vii) A certificate, signed by the California. The interim rule relaxed
* * * * * principal investigator, that includes the incoming quality requirements by
(l) Transfer the amounts only after the date of inactivation or viable select increasing the inedible kernel tolerance
transferor uses due diligence and agent removal, the validated from 0.50 percent to 2 percent. This
documents that the recipient has a inactivation or viable select agent relaxation decreases California almond
legitimate need (e.g., prophylactic, removal method used, and the name of handlers’ disposition obligation. This
protective, bona fide research, or other the principal investigator. A copy of the change also allows handlers more
peaceful purpose) to handle or use such certificate must accompany any transfer flexibility in their operations while
continuing to maintain quality control
asabaliauskas on DSK3SPTVN1PROD with RULES
toxins. Information to be documented of inactivated or select agent removed
includes, but is not limited, to the material. and ensuring compliance with the
recipient information, toxin and amount (b) The individual or entity must order’s requirements.
transferred, and declaration that the implement a system to ensure that all DATES: Effective January 20, 2017.
recipient has legitimate purpose to store records and databases created under this FOR FURTHER INFORMATION CONTACT:
and use such toxins. part are accurate and legible, have Andrea Ricci, Marketing Specialist or
■ 29. Section 121.17 is amended as controlled access, and that their Jeffrey Smutny, Regional Director,
follows: authenticity may be verified. California Marketing Field Office,
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![6212 Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations
persons were invited to attend the DEPARTMENT OF AGRICULTURE Therefore, we are amending the
meeting and participate in Board paragraph to remove the limitation.
deliberations. Like all Board meetings, Animal and Plant Health Inspection
Service Lists of Subjects in 9 CFR Part 94
the April 12, 2016, meeting was a public
meeting and all entities, both large and Animal diseases, Imports, Livestock,
small, were able to express their views 9 CFR Part 94 Meat and meat products, Milk, Poultry
and poultry products, Reporting and
on this issue. [Docket No. APHIS–2014–0032]
recordkeeping requirements.
Comments on the interim rule were RIN 0579–AD92 Accordingly, we are amending 9 CFR
required to be received on or before part 94 as follows:
October 17, 2016. Two comments were Importation of Beef From a Region in
received. One commenter stated that Argentina PART 94—RINDERPEST, FOOT-AND-
this change will allow almond handlers MOUTH DISEASE, NEWCASTLE
AGENCY: Animal and Plant Health
to have more flexibility with their DISEASE, HIGHLY PATHOGENIC
Inspection Service, USDA. AVIAN INFLUENZA, AFRICAN SWINE
operations. The other commenter stated
ACTION: Final rule; technical FEVER, CLASSICAL SWINE FEVER,
the increase in tolerance should lead to
amendment. SWINE VESICULAR DISEASE, AND
a decrease in price. Marketing orders do
not regulate price. Therefore, for the BOVINE SPONGIFORM
SUMMARY: In a final rule published in
reasons given in the interim rule, we are ENCEPHALOPATHY: PROHIBITED
the Federal Register on July 2, 2015,
adopting the interim rule as a final rule, AND RESTRICTED IMPORTATIONS
and effective on September 1, 2015, we
without change. amended the regulations governing the ■ 1. The authority citation for part 94
To view the interim rule, go to: importation of certain animals, meat, continues to read as follows:
https://www.regulations.gov/ and other animal products to allow,
Authority: 7 U.S.C. 450, 7701–7772, 7781–
docket?D=AMS-SC-16-0047. under certain conditions, the 7786, and 8301–8317; 21 U.S.C. 136 and
importation of fresh (chilled or frozen) 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and
This action also affirms information beef from a region in Argentina located 371.4.
contained in the interim rule concerning north of Patagonia South and Patagonia
Executive Orders 12866, 12988, 13175, North B, referred to as Northern § 94.29 [Amended]
and 13563; the Paperwork Reduction Argentina. However, we inadvertently ■ 2. In § 94.29, paragraph (i) is amended
Act (44 U.S.C. Chapter 35); and the E- limited the requirement for the by removing the word ‘‘bovine’’.
Gov Act (44 U.S.C. 101). maturation of carcasses to meat derived Done in Washington, DC, this 12th day of
After consideration of all relevant from bovines. Therefore, we are January 2017.
material presented, it is found that amending the paragraph to remove the Kevin Shea,
finalizing the interim rule, without limitation. Administrator, Animal and Plant Health
change, as published in the Federal DATES: Effective January 19, 2017. Inspection Service.
Register (81 FR 54719) will tend to FOR FURTHER INFORMATION CONTACT: Dr. [FR Doc. 2017–01019 Filed 1–18–17; 8:45 am]
effectuate the declared policy of the Act. Roberta Morales, Import Risk Analyst, BILLING CODE 3410–34–P
Regional Evaluation Services, National
List of Subjects in 7 CFR Part 981 Import Export Services, VS, APHIS, 920
Almonds, Marketing agreements, Main Campus Drive, Suite 200, Raleigh, DEPARTMENT OF TRANSPORTATION
Nuts, Reporting and recordkeeping NC; (919) 855–7735;
Roberta.A.Morales@aphis.usda.gov. Federal Aviation Administration
requirements.
SUPPLEMENTARY INFORMATION: In a final
PART 981—ALMONDS GROWN IN rule 1 that was published in the Federal 14 CFR Part 71
CALIFORNIA Register on July 2, 2015 (80 FR 37935– [Docket No. FAA–2016–9319; Airspace
37953, Docket No. APHIS–2014–0032), Docket No. 16–AGL–24]
■ Accordingly, the interim rule that and effective on September 1, 2015, we
RIN 2120–AA66
amended 7 CFR part 981 and that was amended the regulations governing the
published 81 FR 54719 on August 17, importation of certain animals, meat, Amendment of Multiple Air Traffic
2016, is adopted as a final rule, without and other animal products to allow, Service (ATS) Routes; North Central
change. under certain conditions, the United States
importation of fresh (chilled or frozen)
Dated: January 9, 2017. beef from a region in Argentina located AGENCY: Federal Aviation
Bruce Summers, north of Patagonia South and Patagonia Administration (FAA), DOT.
Associate Administrator, Agricultural North B, referred to as Northern ACTION: Final rule, technical
Marketing Service. Argentina. These requirements appear amendment.
[FR Doc. 2017–00589 Filed 1–18–17; 8:45 am] in 9 CFR 94.29, which provides for the
importation of fresh beef and ovine meat SUMMARY: The FAA is amending seven
BILLING CODE 3410–02–P
from certain regions. However, when we high altitude Area Navigation (RNAV)
added the requirements, we Q-routes (Q–140, Q–816, Q–818, Q–822,
asabaliauskas on DSK3SPTVN1PROD with RULES
inadvertently limited the requirements Q–824, Q–917, and Q–935) that cross
in paragraph (i), which provides the the United States (U.S.)/Canada border
requirements for the maturation of in the north central U.S. to update the
carcasses, to meat derived from bovines. geographic latitude/longitude
coordinates for five Canadian waypoints
1 To view the final rule and supporting listed in the Q-route descriptions
documents, go to http://www.regulations.gov/ contained in the FAA and Canadian
#!docketDetail;D=APHIS-2014-0032. aeronautical databases.
VerDate Sep<11>2014 20:34 Jan 18, 2017 Jkt 241001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\19JAR1.SGM 19JAR1](https://thefederalregister.org/doc/82_FR_6222/page/3.svg)
Document Created: 2018-02-01 15:16:35
Document Modified: 2018-02-01 15:16:35
| 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 | Affirmation of interim rule as final rule. | |
| Dates | Effective January 20, 2017. | |
| Contact | Andrea Ricci, Marketing Specialist or Jeffrey Smutny, Regional Director, California Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (559) 487-5901, Fax: (559) 487-5906, or Email: [email protected] or [email protected] | |
| FR Citation | 82 FR 6210 | |
| CFR Associated | Almonds; Marketing Agreements; Nuts and Reporting and Recordkeeping Requirements |
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