83 FR 13700 - Peanut Promotion, Research, and Information Order; Change in Assessment Rate Computation
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 83, Issue 62 (March 30, 2018)
Agricultural Marketing Service
Federal Register Volume 83, Issue 62 (March 30, 2018)
| Page Range | 13700-13703 | |
| FR Document | 2018-06283 |
[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)] [Proposed Rules] [Pages 13700-13703] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-06283] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1216 [Document Number AMS-SC-16-0115] Peanut Promotion, Research, and Information Order; Change in Assessment Rate Computation AGENCY: Agricultural Marketing Service, USDA. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: This proposal invites comments on changing the assessment rate computation under the Agricultural Marketing Service's (AMS) regulations regarding a national research and promotion program for U.S. peanuts. This proposal would change the basis for assessment under the regulations from value to volume (per ton). Two rates of assessment would be established instead of using a formula currently specified in the regulations. This proposal would also update the definition for ``fiscal year'' specified in the regulations to reflect current practices. DATES: Comments must be received by April 30, 2018. ADDRESSES: Interested persons are invited to submit written comments concerning this proposal. Comments may be submitted on the internet at: http://www.regulations.gov or to the Promotion and Economics Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., Room 1406-S, Stop 0244, Washington, DC 20250-0244; facsimile: (202) 205- 2800. All 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, including name and address, if provided, in the above office during regular business hours or it can be viewed at http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Jeanette Palmer, Marketing Specialist, Promotion and Economics Division, Specialty Crops Program, AMS, USDA, Stop 0244, 1400 Independence Avenue SW, Room 1406-S, Washington, DC 20250-0244; telephone: (202) 720-9915; facsimile: (202) 205-2800; or electronic mail: [email protected]. SUPPLEMENTARY INFORMATION: This proposal affecting 7 CFR part 1216 is authorized under the Commodity Promotion, Research, and Information Act of 1996 (1996 Act)(7 U.S.C. 7411-7425). Executive Orders 12866, 13563, and 13771 Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules and promoting flexibility. This action falls within a category of regulatory actions that the Office of Management and Budget (OMB) exempted from Executive Order 12866 review. 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 [[Page 13701]] Regulation and Controlling Regulatory Costs''' (February 2, 2017). Executive Order 13175 This action has been reviewed in accordance with the requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. The review reveals that this proposed regulation would not have substantial and direct effects on Tribal governments and would not have significant Tribal implications. Executive Order 12988 This proposal has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have retroactive effect. Section 524 of the 1996 Act (7 U.S.C. 7423) provides that it shall not affect or preempt any other Federal or State law authorizing promotion or research relating to an agricultural commodity. Under section 519 of the 1996 Act (7 U.S.C. 7418), a person subject to an order may file a written petition with USDA stating that an order, any provision of an order, or any obligation imposed in connection with an order, is not established in accordance with the law, and request a modification of an order or an exemption from an order. Any petition filed challenging an order, any provision of an order, or any obligation imposed in connection with an order, shall be filed within two years after the effective date of an order, provision, or obligation subject to challenge in the petition. The petitioner will have the opportunity for a hearing on the petition. Thereafter, USDA will issue a ruling on the petition. The 1996 Act provides that the district court of the United States for any district in which the petitioner resides or conducts business shall have the jurisdiction to review a final ruling on the petition, if the petitioner files a complaint for that purpose not later than 20 days after the date of the entry of USDA's final ruling. Background This proposal invites comments on changing the assessment rate computation under the Peanut Promotion, Research, and Information Order. Part 1216 is administered by the Board with oversight by USDA. This proposal would change the basis for assessment under the program from value to volume (per ton). Two rates of assessment would be established instead of using a formula currently specified in the part. The assessment rates would be $3.55 per ton for Segregation 1 peanuts and $1.25 per ton for lower quality Segregation 2 and 3 peanuts. This action was unanimously recommended by the National Peanut Board (Board) and would help facilitate program operations by providing a more predictable revenue stream for the Board. This proposal would also update the definition for fiscal year specified in the part to reflect current practices. The peanut program took effect in 1999. Under the regulations, the Board administers a nationally-coordinated program of promotion, research, and information designed to strengthen the position of peanuts in the market place and to develop, maintain, and expand the demand for U.S. peanuts. Section 1216.48(m) provides authority for the Board to recommend to the Secretary amendments to the regulations as the Board considers appropriate. Section 1216.51 specifies that the funds necessary to pay for programs and other authorized costs shall be acquired by levying assessments upon producers in a manner prescribed by the Secretary. The assessments are collected by first handlers from producers and remitted to the Board no later than 60 days after the last day of the month in which the peanuts were marketed. Paragraph (c) of that section states that assessments shall be levied based on value at a rate of one percent of the price paid for all farmers stock peanuts sold. As defined in Sec. 1216.9, ``farmers stock peanuts'' means picked or threshed peanuts produced in the United States which have not been changed (except for removal of foreign material, loose shelled kernels and excess moisture) from the condition in which picked or threshed peanuts are customarily marketed by producers, plus any loose shelled kernels that are removed before they are marketed. For producers who place their peanuts in a USDA loan program,\1\ assessments are levied at a rate of one percent of the loan value. The loan value is equivalent to the national loan rate for peanuts established by Congress and currently averages $355 per ton.\2\ (The rate will vary depending upon the quality of the peanuts.) For peanuts placed under loan, USDA deducts from the loan paid to the producer one percent of the loan value and remits this to the Board. This computes to an average assessment rate of $3.55 per ton. (This rate will also vary depending upon the quality of the peanuts). --------------------------------------------------------------------------- \1\ USDA's Farm Service Agency administers a marketing assistance program for peanuts on behalf of the Commodity Credit Corporation. Under this program, producers may apply for a loan which allows them to store their production and pledge the peanuts as collateral instead of selling them immediately after the fall harvest. https://www.fsa.usda.gov/programs-and-services/price-support/commodity-loans/non-recourse-loans/peanut-program/index. \2\ https://www.fsa.usda.gov/news-room/news-releases/2017/nr_20170707_rel_0074. --------------------------------------------------------------------------- Over the past three years (2014-2016), about $8.6 million in assessments has been collected under the program annually. Assessments collections totaled $7,284,050 \3\ in 2014, $8,811,444 \4\ in 2015, and $9,670,889 \5\ in 2016. --------------------------------------------------------------------------- \3\ National Peanut Board, Financial Statements with Independent Auditor's Report and Supplementary Information, October 31, 2014, Brooks, McGinnis & Company, LLC, p. 14. \4\ National Peanut Board, Financial Statements with Independent Auditor's Report and Supplementary Information, October 31, 2015, Brooks, McGinnis & Company, LLC, p. 12. \5\ National Peanut Board, Financial Statements with Independent Auditor's Report and Supplementary Information, October 31, 2016, Brooks, McGinnis & Company, LLC, p. 14. --------------------------------------------------------------------------- In recent years, the Board has discussed the merits of modifying the formula for calculating assessments in order to receive a more predictable revenue stream for the program. A reduction in value (producer price or the loan rate) could reduce Board revenue to the point where the Board would have to drastically curtail its promotional and research activities. Producer prices declined 24 percent from 2013- 2016 while production increased. According to USDA's National Agricultural Statistics Service (NASS), the producer price was $0.249 per pound (or $498 per ton) in 2013 \6\ and $0.189 (or $378 per ton) in 2016.\7\ Production in 2013 was 4.174 billion pounds \8\ and 5.685 billion pounds in 2016.\9\ For 2017, production is estimated at 7.429 billion pounds, up 31 percent from 2016.\10\ --------------------------------------------------------------------------- \6\ USDA Crop Values Summary 2014, February 2015, p. 8; http://usda.mannlib.cornell.edu/usda/nass/CropValuSu//2010s/2015/CropValuSu-02-24-2015_correction.pdf. \7\ USDA, Crop Values Summary 2016, February 2017, p. 7; http://usda.mannlib.cornell.edu/usda/nass/CropValuSu//2010s/2017/CropValuSu-02-24-2017_revision.pdf. \8\ USDA, Crop Production Summary 2013, January 2014, p. 79; http://usda.mannlib.cornell.edu/usda/nass/CropProdSu//2010s/2014/CropProdSu-01-10-2014.pdf. \9\ USDA, Crop Production Summary 2016, February 2017, p. 101; http://usda.mannlib.cornell.edu/usda/current/CropProdSu/CropProdSu-01-12-2017.pdf. \10\ USDA Crop Production, August 10, 2017, p. 31; https://www.usda.gov/nass/PUBS/TODAYRPT/crop0817.pdf. --------------------------------------------------------------------------- Board Recommendation Thus, the Board met on April 4, 2017, and unanimously recommended changing the basis for assessment under the program from value to volume (per ton). Two rates of assessments would be established for farmers stock peanuts, depending upon their quality as defined in the Minimum Quality and Handling Standards for Domestic and Imported [[Page 13702]] Peanuts Marketed in the United States (Standards) codified in 7 CFR part 996.\11\ The assessment rates would be $3.55 per ton for Segregation 1 peanuts and $1.25 per ton for lower quality Segregation 2 and 3 peanuts. (Section 517(d) of the 1996 Act provides authority for a board to recommend to the Secretary one or more rates of assessment under a program (7 U.S.C. 7416)). --------------------------------------------------------------------------- \11\ 7 CFR part 996 took effect in 2002 and requires U.S. and imported peanuts to meet certain quality standards (67 FR 57129; September 9, 2002). --------------------------------------------------------------------------- Pursuant to Sec. 996.13(b) of the Standards, ``Segregation 1 peanuts'' means farmers stock peanuts with not more than 3.49 percent damaged kernels nor more than 1.00 percent concealed damage caused by rancidity, mold, or decay and which are free from visible Aspergillus flavus. Pursuant to Sec. 996.13(c), ``Segregation 2 peanuts'' means farmers stock peanuts with more than 3.49 percent damaged kernels or more than 1.00 percent concealed damage caused by rancidity, mold, or decay and which are free from visible Aspergillus flavus. Pursuant to Sec. 996.13(d), ``Segregation 3 peanuts'' means farmers stock peanuts with visible Aspergillus flavus. This action would help facilitate program operations by providing a more predictable revenue stream for the Board to carry out its mission. Section 1216.51 is proposed to be revised accordingly. This proposal would reference Sec. 996.13(b), (c) and (d) of the Standards which define the terms Segregation 1 peanuts, Segregation 2 peanuts, and Segregation 3 peanuts, respectively. Further, this proposal would revise Sec. 1216.11 regarding the term `fiscal year' from the 12-month period beginning August 1 of any year and ending July 31 of the following year to the 12-month period beginning November 1 of any year and ending October 31 of the following year to reflect current industry practices. That section also defines the term crop year to mean the same as fiscal year. The term crop year is not referenced elsewhere in part 1216 and is thus not necessary. This proposal would remove that term from Sec. 1216.11. Section 1216.11 is proposed to be revised accordingly. Initial Regulatory Flexibility Act Analysis In accordance with the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), AMS is required to examine the impact of the proposed rule on small entities. Accordingly, AMS has considered the economic impact of this action on such entities. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions so that small businesses will not be disproportionately burdened. The Small Business Administration (SBA) defines, in 13 CFR part 121, small agricultural producers as those having annual receipts of no more than $750,000 and small agricultural service firms (handlers) as those having annual receipts of no more than $7.5 million. According to the Board, there are approximately 7,600 producers and 33 handlers of peanuts covered under the program. Most producers would be classified as small businesses under the criteria established by the SBA. USDA's NASS reports that the farm value of the peanuts produced in the top 11 States in 2016 was $1.077 billion.\12\ Dividing the 2016 crop value by 7,600 producers yields an average peanut sales per producer estimate of approximately $142,000. This is well below the threshold level of $750,000 in annual sales, indicating that most peanut producers would be classified by the SBA as small businesses. --------------------------------------------------------------------------- \12\ USDA, Crop Values Summary 2016, February 2017, p. 9; http://usda.mannlib.cornell.edu/usda/nass/CropValuSu//2010s/2017/CropValuSu-02-24-2017_revision.pdf. --------------------------------------------------------------------------- Dividing the 2016 crop value by 33 handlers yields an average peanut crop value per handler of about $33 million. This is many times larger than the $7.5 million SBA threshold and is thus an indication that most of the handlers would not be classified as small businesses. U.S. peanut production from the 11 major peanut-producing States in 2016 was 5.685 billion pounds.\13\ Georgia was the largest producer (49 percent of U.S. production), followed by Alabama (11 percent), Texas (10 percent), Florida (10 percent), South Carolina (6 percent), North Carolina (6 percent), Mississippi (3 percent), Arkansas (2 percent), Virginia (1 percent), Oklahoma (1 percent) and New Mexico (less than 1 percent). According to the 2012 Census of Agriculture,\14\ small amounts of peanuts were also grown in seven other States. --------------------------------------------------------------------------- \13\ USDA Crop Production, August 10, 2017, p. 16; https://www.usda.gov/nass/PUBS/TODAYRPT/crop0817.pdf. \14\ USDA 2012 Census of Agriculture; p. 444; https://www.agcensus.usda.gov/Publications/2012/Full_Report/Volume_1,_Chapter_1_US/usv1.pdf. --------------------------------------------------------------------------- If the number of peanut producers (7,600) is divided into total 2016 U.S. production (5.685 billion pounds), the resulting average peanut production per producer is approximately 748,000 pounds. This proposal would revise Sec. 1216.51 to change the basis for assessment from value to volume (per ton). The program is administered by the Board with oversight by USDA. Two rates of assessment would be established instead of using a formula currently specified in the regulations. The assessment rates would be $3.55 per ton for Segregation 1 peanuts and $1.25 per ton for lower quality Segregation 2 and 3 peanuts. This action was unanimously recommended by the Board and would help facilitate program operations by providing a more predictable revenue stream for the Board. Authority for this action is provided in Sec. 1216.48(m) and section 517 of the 1996 Act. This proposal would also update the definition for fiscal year specified in Sec. 1216.11 to reflect current practices. That section provides authority for the Board, with approval of the Secretary, to change the fiscal year. Regarding the economic impact of this proposed rule on affected entities, this action would change the basis of assessment from value to volume (per ton). The rates of assessment recommended by the Board are comparable to the rates that have been in effect since the inception of the program.\15\ While assessments impose additional costs on producers, the costs are minimal and uniform on all. The costs would also be offset by the benefits derived from the operation of the program. (The update to Sec. 1216.11 regarding the fiscal year is administrative in nature.) --------------------------------------------------------------------------- \15\ This action would not increase the assessment rate. Therefore, a referendum is not required (see Sec. 1216.51(j)). --------------------------------------------------------------------------- Regarding the impact of the peanut program on the industry as a whole, the program has been successful in helping to build demand and improve producer returns. A 2014 economic study shows that the program helped to increase demand by 15 percent from 2007-2013, and that each dollar invested in Board activities over the period returned $8.87 to the producer.\16\ --------------------------------------------------------------------------- \16\ Kaiser, Harry, An Economic Analysis of the National Peanut Board, August 11, 2014, p. 1. The analysis is available from USDA or the Board. --------------------------------------------------------------------------- With regard to alternatives, the Board has been considering revising the assessment rate computation for a number of years. The Board considered revising the assessment rate to equal a weighted average of the value of Segregation 1, 2, and 3 peanuts as reported by the NASS for the prior year. However, this would still link the assessment rate to value. Another option would be to maintain the status quo. [[Page 13703]] After review and deliberation, the Board unanimously recommended revising the basis for assessment under the program from value to volume as described herein. To calculate the percentage of producer revenue represented by the assessment rate, the proposed assessment rates are divided by the average producer price. The proposed assessment rates are $3.55 per ton ($0.001775 per pound) for Segregation 1 peanuts and $1.25 per ton ($0.000625 per pound) for Segregation 2 and 3 peanuts. According to NASS, the average producer price ranged from $0.193 per pound in 2015 to $0.189 per pound in 2016.\17\ Thus, the proposed assessment rates as a percentage of producer price could range from 0.92 to 0.94 percent for Segregation 1 peanuts and from 0.32 to 0.33 percent for Segregation 2 and 3 peanuts. --------------------------------------------------------------------------- \17\ USDA, Crop Values Summary 2016, February 2017, p. 27; http://usda.mannlib.cornell.edu/usda/nass/CropValuSu//2010s/2017/CropValuSu-02-24-2017_revision.pdf. --------------------------------------------------------------------------- In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the information collection and recordkeeping requirements that are imposed by the program have been approved previously under OMB control number 0581-0093. This proposed rule would not result in a change to the information collection and recordkeeping requirements previously approved and would impose no additional reporting and recordkeeping burden on peanut producers or first handlers. As with all Federal promotion programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. Finally, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this proposed 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. In regard to outreach efforts, Board members have been conducting outreach to educate industry members about the need for changing the basis of assessment since January 2016. The issue has been discussed at Board meetings over the past few years. The Board has also conducted outreach to the major peanut associations and has received positive feedback. All of the Board's meetings are open to the public and interested persons are invited to participate and express their views. AMS has performed this initial RFA regarding the impact of this proposed action on small entities and invites comments concerning potential effects of this action. USDA has determined that this proposed rule is consistent with and would effectuate the purposes of the 1996 Act. A 30-day comment period is provided to allow interested persons to respond to this proposal. Thirty days is deemed appropriate because this action would need to be completed by the spring of 2018 so that USDA would have sufficient time to code the assessment rates into its computer system to administer its loan program. (USDA collects the assessments for peanuts placed under loan by producers and remits the assessments to the Board.) All written comments received in response to this proposed rule will be considered prior to finalizing this action. List of Subjects in 7 CFR Part 1216 Administrative practice and procedure, Advertising, Consumer information, Marketing agreements, Peanut promotion, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 1216 is proposed to be amended as follows: PART 1216--PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER 0 1. The authority citation for 7 CFR part 1216 continues to read as follows: Authority: 7 U.S.C. 7411-7425; 7 U.S.C. 7401. 0 2. Revise Sec. 1216.11 to read as follows: Sec. 1216.11 Fiscal year. Fiscal year means the 12-month period beginning with November 1 of any year and ending with October 31 of the following year, or such other period as determined by the Board and approved by the Secretary. 0 3. In Sec. 1261.51, revise paragraphs (c) and (d), remove paragraph (e), and redesignate paragraphs (f) through (j) as paragraphs (e) through (i) to read as follows: Sec. 1216.51 Assessments. * * * * * (c) Such assessments shall be levied on all farmers stock peanuts sold at a rate of $3.55 per ton for Segregation 1 peanuts and $1.25 per ton for Segregation 2 peanuts and 3 peanuts, as those terms are defined in Sec. 996.13(b)-(d) of this title. (d) For peanuts placed under a marketing assistance loan with the Department's Commodity Credit Corporation, the Commodity Credit Corporation, or any entity determined by the Commodity Credit Corporation shall deduct and remit to the Board, from the proceeds of the loan paid to the producer, the assessment per ton as specified in paragraph (c) of this section, no more than 60 days after the last day of the month in which the peanuts were placed under a marketing assistance loan. * * * * * Dated: March 23, 2018. Bruce Summers, Acting Administrator. [FR Doc. 2018-06283 Filed 3-29-18; 8:45 am] BILLING CODE 3410-02-P
![13700 Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Proposed Rules
from milk tankers after being moved off- authorization to correct typographical definition for ‘‘fiscal year’’ specified in
farm and classified as other use milk errors. the regulations to reflect current
pursuant to 7 CFR 1000.40(e) as a result (a) Record of milk handled. The practices.
of Hurricane Irma; undersigned certifies that he/she DATES: Comments must be received by
(5) The value per hundredweight at handled during the month of [insert April 30, 2018.
the lowest classified price for the month representative period], ______
ADDRESSES: Interested persons are
of September 2017 for skim portion of hundredweight of milk covered by this
invited to submit written comments
milk dumped and classified as other use marketing agreement.
concerning this proposal. Comments
milk pursuant to 7 CFR 1000.40(e) as a (b) Authorization to correct
may be submitted on the internet at:
result of Hurricane Irma; and typographical errors. The undersigned
(6) The difference between the http://www.regulations.gov or to the
hereby authorizes the Deputy
announced class price applicable to the Promotion and Economics Division,
Administrator, or Acting Deputy
milk as classified by the market Specialty Crops Program, AMS, USDA,
Administrator, Dairy Programs,
administrator for the month of 1400 Independence Avenue SW., Room
Agricultural Marketing Service, to
September 2017 and the actual price 1406–S, Stop 0244, Washington, DC
correct any typographical errors which
received for milk delivered to nonpool 20250–0244; facsimile: (202) 205–2800.
may have been made in this marketing
plants outside the state of Florida as a All comments should reference the
agreement. document number and the date and
result of Hurricane Irma. § 1006.87 Effective Date. This
(h) The total amount of payment to all page number of this issue of the Federal
marketing agreement shall become
handlers under paragraph (g) of this Register and will be made available for
effective upon the execution of a
section shall be limited for each month public inspection, including name and
counterpart thereof by the Secretary in
to an amount determined by address, if provided, in the above office
accordance with § 900.14(a) of the
multiplying the total Class I producer during regular business hours or it can
aforesaid rules of practice and
milk for all handlers pursuant to 7 CFR be viewed at http://
procedure. www.regulations.gov.
1000.44(c) times $0.09 per In Witness Whereof, The contracting
hundredweight. handlers, acting under the provisions of FOR FURTHER INFORMATION CONTACT:
(i) If the cost of payments computed the Act, for the purposes and subject to Jeanette Palmer, Marketing Specialist,
pursuant to paragraphs (g)(1) through (6) the limitations herein contained and not Promotion and Economics Division,
of this section exceeds the amount otherwise, have hereunto set their Specialty Crops Program, AMS, USDA,
computed pursuant to paragraph (h) of respective hands and seals. Stop 0244, 1400 Independence Avenue
this section, the market administrator Signature SW, Room 1406–S, Washington, DC
shall prorate such payments to each 20250–0244; telephone: (202) 720–9915;
handler based on each handler’s By (Name) lllllllllllll facsimile: (202) 205–2800; or electronic
proportion of transportation and other (Title) lllllllllllllll mail: Jeanette.Palmer@ams.usda.gov.
use milk costs submitted pursuant to (Address) lllllllllllll SUPPLEMENTARY INFORMATION: This
paragraphs (g)(1) through (6). Costs (Seal) proposal affecting 7 CFR part 1216 is
submitted pursuant to paragraphs (g)(1) Attest authorized under the Commodity
thought (6) which are not paid as a Promotion, Research, and Information
[FR Doc. 2018–06286 Filed 3–29–18; 8:45 am]
result of such a proration shall be paid Act of 1996 (1996 Act)(7 U.S.C. 7411–
BILLING CODE 3410–02–P
in subsequent months until all costs 7425).
incurred and documented through (g)(1)
through (6) have been paid. Executive Orders 12866, 13563, and
DEPARTMENT OF AGRICULTURE 13771
[This marketing agreement will not appear
in the Code of Federal Regulations.] Agricultural Marketing Service Executive Orders 12866 and 13563
direct agencies to assess all costs and
Marketing Agreement Regulating the benefits of available regulatory
Handling of Milk in the Florida 7 CFR Part 1216
alternatives and, if regulation is
Marketing Area [Document Number AMS–SC–16–0115] necessary, to select regulatory
The parties hereto, in order to approaches that maximize net benefits
Peanut Promotion, Research, and (including potential economic,
effectuate the declared policy of the Act,
Information Order; Change in environmental, public health and safety
and in accordance with the rules of
Assessment Rate Computation effects, distributive impacts and equity).
practice and procedure effective
thereunder (7 CFR part 900), desire to AGENCY: Agricultural Marketing Service, Executive Order 13563 emphasizes the
enter into this marketing agreement and USDA. importance of quantifying both costs
do hereby agree that the provisions ACTION: Proposed rule. and benefits, reducing costs,
referred to in paragraph I hereof, as harmonizing rules and promoting
augmented by the provisions specified SUMMARY: This proposal invites flexibility. This action falls within a
in paragraph II hereof, shall be and are comments on changing the assessment category of regulatory actions that the
the provisions of this marketing rate computation under the Agricultural Office of Management and Budget
agreement as if set out in full herein. Marketing Service’s (AMS) regulations (OMB) exempted from Executive Order
I. The findings and determinations, regarding a national research and 12866 review. Additionally, because
amozie on DSK30RV082PROD with PROPOSALS
order relative to handling, and the promotion program for U.S. peanuts. this proposed rule does not meet the
provisions of §§ 1006.1 to 1006.86, all This proposal would change the basis definition of a significant regulatory
inclusive, of the order regulating the for assessment under the regulations action it does not trigger the
handling of milk in the Florida from value to volume (per ton). Two requirements contained in Executive
marketing area (7 CFR part 1006), which rates of assessment would be Order 13771. See OMB’s Memorandum
is annexed hereto; and established instead of using a formula titled ‘‘Interim Guidance Implementing
II. The following provision: currently specified in the regulations. Section 2 of the Executive Order of
§ 1006.87—Record of milk handled and This proposal would also update the January 30, 2017, titled ‘Reducing
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![Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Proposed Rules 13703
After review and deliberation, the Board and interested persons are invited to (d) For peanuts placed under a
unanimously recommended revising the participate and express their views. marketing assistance loan with the
basis for assessment under the program AMS has performed this initial RFA Department’s Commodity Credit
from value to volume as described regarding the impact of this proposed Corporation, the Commodity Credit
herein. action on small entities and invites Corporation, or any entity determined
To calculate the percentage of comments concerning potential effects by the Commodity Credit Corporation
producer revenue represented by the of this action. shall deduct and remit to the Board,
assessment rate, the proposed USDA has determined that this from the proceeds of the loan paid to the
assessment rates are divided by the proposed rule is consistent with and producer, the assessment per ton as
average producer price. The proposed would effectuate the purposes of the specified in paragraph (c) of this
assessment rates are $3.55 per ton 1996 Act. section, no more than 60 days after the
($0.001775 per pound) for Segregation 1 A 30-day comment period is provided last day of the month in which the
peanuts and $1.25 per ton ($0.000625 to allow interested persons to respond peanuts were placed under a marketing
per pound) for Segregation 2 and 3 to this proposal. Thirty days is deemed assistance loan.
peanuts. According to NASS, the appropriate because this action would * * * * *
average producer price ranged from need to be completed by the spring of
Dated: March 23, 2018.
$0.193 per pound in 2015 to $0.189 per 2018 so that USDA would have
sufficient time to code the assessment Bruce Summers,
pound in 2016.17 Thus, the proposed
rates into its computer system to Acting Administrator.
assessment rates as a percentage of
administer its loan program. (USDA [FR Doc. 2018–06283 Filed 3–29–18; 8:45 am]
producer price could range from 0.92 to
0.94 percent for Segregation 1 peanuts collects the assessments for peanuts BILLING CODE 3410–02–P
and from 0.32 to 0.33 percent for placed under loan by producers and
Segregation 2 and 3 peanuts. remits the assessments to the Board.) All
In accordance with the Paperwork written comments received in response DEPARTMENT OF TRANSPORTATION
Reduction Act of 1995 (44 U.S.C. to this proposed rule will be considered
Chapter 35), the information collection prior to finalizing this action. Federal Aviation Administration
and recordkeeping requirements that are List of Subjects in 7 CFR Part 1216
imposed by the program have been 14 CFR Part 39
approved previously under OMB Administrative practice and [Docket No. FAA–2017–0792; Product
control number 0581–0093. This procedure, Advertising, Consumer Identifier 2017–NE–28–AD]
proposed rule would not result in a information, Marketing agreements,
Peanut promotion, Reporting and RIN 2120–AA64
change to the information collection and
recordkeeping requirements previously recordkeeping requirements. Airworthiness Directives; General
approved and would impose no For the reasons set forth in the Electric Company Turbofan Engines
additional reporting and recordkeeping preamble, 7 CFR part 1216 is proposed
burden on peanut producers or first to be amended as follows: AGENCY: Federal Aviation
handlers. Administration (FAA), DOT.
As with all Federal promotion PART 1216—PEANUT PROMOTION, ACTION: Supplemental notice of
programs, reports and forms are RESEARCH, AND INFORMATION proposed rulemaking (SNPRM);
periodically reviewed to reduce ORDER reopening of comment period.
information requirements and ■ 1. The authority citation for 7 CFR SUMMARY: We are revising an earlier
duplication by industry and public part 1216 continues to read as follows: proposal for certain General Electric
sector agencies. Finally, USDA has not Company (GE) CF6–80A, CF6–80A1,
identified any relevant Federal rules Authority: 7 U.S.C. 7411–7425; 7 U.S.C.
7401. CF6–80A2, CF6–80A3, CF6–80C2A1,
that duplicate, overlap, or conflict with CF6–80C2A2, CF6–80C2A3, CF6–
this proposed rule. ■ 2. Revise § 1216.11 to read as follows: 80C2A5, CF6–80C2A5F, CF6–80C2A8,
AMS is committed to complying with CF6–80C2B1, CF6–80C2B1F, CF6–
§ 1216.11 Fiscal year.
the E-Government Act, to promote the 80C2B2, CF6–80C2B2F, CF6–80C2B4,
use of the internet and other Fiscal year means the 12-month
period beginning with November 1 of CF6–80C2B4F, CF6–80C2B5F, CF6–
information technologies to provide 80C2B6, CF6–80C2B6F, CF6–
increased opportunities for citizen any year and ending with October 31 of
the following year, or such other period 80C2B6FA, CF6–80C2B7F, CF6–
access to Government information and 80C2D1F, CF6–80C2L1F, and CF6–
services, and for other purposes. as determined by the Board and
approved by the Secretary. 80C2K1F turbofan engines. This action
In regard to outreach efforts, Board revises the notice of proposed
■ 3. In § 1261.51, revise paragraphs (c)
members have been conducting rulemaking (NPRM) by removing certain
outreach to educate industry members and (d), remove paragraph (e), and
redesignate paragraphs (f) through (j) as engine models and adding a new part
about the need for changing the basis of number (P/N) to the applicability and by
assessment since January 2016. The paragraphs (e) through (i) to read as
follows: revising the references to the service
issue has been discussed at Board information. We are proposing this
meetings over the past few years. The § 1216.51 Assessments. airworthiness directive (AD) to address
Board has also conducted outreach to the unsafe condition on these products.
amozie on DSK30RV082PROD with PROPOSALS
* * * * *
the major peanut associations and has (c) Such assessments shall be levied Since these actions would impose an
received positive feedback. All of the on all farmers stock peanuts sold at a additional burden over those in the
Board’s meetings are open to the public rate of $3.55 per ton for Segregation 1 NPRM, we are reopening the comment
peanuts and $1.25 per ton for period to allow the public the chance to
17 USDA, Crop Values Summary 2016, February
Segregation 2 peanuts and 3 peanuts, as comment on these changes.
2017, p. 27; http://usda.mannlib.cornell.edu/usda/
nass/CropValuSu//2010s/2017/CropValuSu-02-24- those terms are defined in § 996.13(b)– DATES: The comment period for the
2017_revision.pdf. (d) of this title. NPRM published in the Federal
VerDate Sep<11>2014 18:11 Mar 29, 2018 Jkt 244001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\30MRP1.SGM 30MRP1](https://thefederalregister.org/doc/83_FR_13762/page/4.svg)
Document Created: 2018-11-01 08:57:52
Document Modified: 2018-11-01 08:57:52
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received by April 30, 2018. | |
| Contact | Jeanette Palmer, Marketing Specialist, Promotion and Economics Division, Specialty Crops Program, AMS, USDA, Stop 0244, 1400 Independence Avenue SW, Room 1406-S, Washington, DC 20250-0244; telephone: (202) 720-9915; facsimile: (202) 205-2800; or electronic mail: [email protected] | |
| FR Citation | 83 FR 13700 | |
| CFR Associated | Administrative Practice and Procedure; Advertising; Consumer Information; Marketing Agreements; Peanut Promotion and Reporting and Recordkeeping Requirements |
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