83 FR 27683 - Peanut Promotion, Research, and Information Order; Change in Assessment Rate Computation
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 83, Issue 115 (June 14, 2018)
Agricultural Marketing Service
Federal Register Volume 83, Issue 115 (June 14, 2018)
| Page Range | 27683-27686 | |
| FR Document | 2018-12731 |
[Federal Register Volume 83, Number 115 (Thursday, June 14, 2018)] [Rules and Regulations] [Pages 27683-27686] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-12731] ----------------------------------------------------------------------- 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: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule changes the assessment rate computation under the Agricultural Marketing Service's (AMS) regulations regarding a national research and promotion program (program) for U.S. peanuts. This rule changes the basis for assessment under the regulations from value to volume (per ton). Two rates of assessment are established instead of using the formula currently specified in the regulations. This rule also updates the definition for ``fiscal year'' specified in the regulations to reflect current practices. DATES: Effective Date: July 16, 2018. 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 final rule affecting the Peanut Promotion, Research, and Information Order (order) at 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 rule does not meet the definition of a significant regulatory action it does not trigger the requirements contained in Executive Order 13771. See OMB's Memorandum titled ``Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017, titled `Reducing Regulation and Controlling Regulatory Costs' '' (February 2, 2017). Executive Order 13175 This final rule has been reviewed in accordance with the requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. The review reveals that this rule will not have substantial and direct effects on Tribal governments and will not have significant Tribal implications. Executive Order 12988 In addition, this final rule 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 rule changes the assessment rate computation under the Peanut Promotion, Research, and Information Order. Part 1216 is administered by the Board with oversight by USDA. This rule changes the basis for assessment under the program from value to volume (per ton). Two rates of assessment are established instead of using the formula currently specified in this part. The assessment rates will 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 will help facilitate program operations by providing a more predictable revenue stream for the Board. This rule also updates the definition for fiscal year specified in the part to reflect current practices. The Peanut Promotion, Research, and Information Order regulations 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 currently 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 [[Page 27684]] 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 farmers stock peanuts 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 loan rate will vary depending upon the quality of the peanuts (e.g., Segregation 1, 2, and 3). 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. --------------------------------------------------------------------------- \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 three year period (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 The Board met on April 4, 2017, and unanimously recommended changing the basis for assessment under the order from value to volume (per ton). Two rates of assessments will be established for farmers stock peanuts, depending upon their quality as defined in the Minimum Quality and Handling Standards for Domestic and Imported Peanuts Marketed in the United States (Standards) codified in 7 CFR part 996.\11\ Under the authority of section 517(d) of the 1996 Act, a board may recommend to the Secretary one or more rates of assessment under an order. The Board specifically recommended to set the assessment rates at $3.55 per ton for Segregation 1 peanuts and $1.25 per ton for lower quality Segregation 2 and 3 peanuts. --------------------------------------------------------------------------- \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 l peanuts'' means farmers stock peanuts with not more than 3.49 percent damaged kernels nor more than l.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 l.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 will help facilitate program operations by providing a more predictable revenue stream for the Board to carry out its mission. Section 1216.51 is revised accordingly. This rule references Sec. Sec. 996.13(b), 996.13(c) and 996.13(d) of the Standards which define the terms Segregation 1 peanuts, Segregation 2 peanuts, and Segregation 3 peanuts, respectively. Further, this rule revises 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 rule removes that term from Sec. 1216.11. Section 1216.11 is revised accordingly. Final 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 final 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 who are required to pay assessments 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 [[Page 27685]] 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 rule revises 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 will be established instead of using a formula currently specified in the regulations. The assessment rates will 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 will help facilitate program operations by providing a more predictable revenue stream for the Board based only on volume for assessment. Authority for this action is provided in Sec. 1216.48(m) and section 517 of the 1996 Act. This rule also updates 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 rule on affected entities, this action changes 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, 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. 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. --------------------------------------------------------------------------- Reporting and Recordkeeping Requirements 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 final rule will not result in a change to the information collection and recordkeeping requirements previously approved and will 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 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. 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. A proposed rule concerning this action was published in the Federal Register on March 30, 2018 (83 FR 13700). The Board sent the proposed rule directly to the peanut producer associations, Board members, and assessment payers. In addition, the Board disseminated the proposed rule via the internet by providing the links to the proposal in its industry newsletter and website. The proposal was also made available through the internet by USDA and the Office of the Federal Register. A 30-day comment period ending April 30, 2018, was provided to allow interested persons to submit comments. Analysis of Comments Thirteen comments were received in response to the proposed rule. Of those 13 comments, 12 comments were in favor of the proposed flat computation of the two assessment rates (one favorable comment was a duplicate and only counted once), and one comment was outside the scope of the review. Ten commenters stated the change in the assessment computation would allow for a more consistent revenue stream for the Board to carry out its mission. Of these commenters, one commenter stated the computation change is not an increase or decrease in producer assessments. It stated that this change is a proactive business move to create an assessment rate which will not fluctuate downward rapidly. The [[Page 27686]] proposed computation will allow the Board to plan long term without a disruption to its income flow. Another commenter in favor of the proposed change stated that it will be less confusing and easier for USDA to administer the assessment rate. After consideration of all relevant matters presented, including the information and recommendation submitted by the Board and other available information, it is hereby found that this rule, as hereinafter set forth, is consistent with and will effectuate the purposes of the 1996 Act. 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 amended as follows: PART 1216--PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER 0 1. The authority citation for 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. 1216.51, 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. 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: June 8, 2018. Bruce Summers, Administrator. [FR Doc. 2018-12731 Filed 6-13-18; 8:45 am] BILLING CODE 3410-02-P
![Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Rules and Regulations 27683
U.S.C. 6101–6112]; the Popcorn the Commodity Promotion, Research, provision, or obligation subject to
Promotion, Research, and Consumer and Information Act of 1996 (1996 challenge in the petition. The petitioner
Information Act [7 U.S.C. 7481–7491]; Act)(7 U.S.C. 7411–7425). will have the opportunity for a hearing
the Pork Promotion, Research, and on the petition. Thereafter, USDA will
Executive Orders 12866, 13563, and
Consumer Information Act [7 U.S.C. issue a ruling on the petition. The 1996
13771
4801–4819]; the Potato Research and Act provides that the district court of
Promotion Act, as amended [7 U.S.C. Executive Orders 12866 and 13563 the United States for any district in
2611–2627]; the Soybean Promotion, direct agencies to assess all costs and which the petitioner resides or conducts
Research, and Consumer Information benefits of available regulatory business shall have the jurisdiction to
Act [7 U.S.C. 6301–6311]; and the alternatives and, if regulation is review a final ruling on the petition, if
Watermelon Research and Promotion necessary, to select regulatory the petitioner files a complaint for that
Act, as amended, [7 U.S.C. 4901–4916]. approaches that maximize net benefits purpose not later than 20 days after the
(b) Mail means to transmit either (including potential economic, date of the entry of USDA’s final ruling.
electronically or through a postal or environmental, public health and safety
effects, distributive impacts and equity). Background
other delivery system, information or a
package (e.g., letter or envelope) to a Executive Order 13563 emphasizes the This rule changes the assessment rate
recipient. importance of quantifying both costs computation under the Peanut
and benefits, reducing costs, Promotion, Research, and Information
Dated: June 8, 2018.
harmonizing rules and promoting Order. Part 1216 is administered by the
Bruce Summers, flexibility. This action falls within a Board with oversight by USDA. This
Administrator, Agricultural Marketing category of regulatory actions that the rule changes the basis for assessment
Service. Office of Management and Budget under the program from value to volume
[FR Doc. 2018–12722 Filed 6–13–18; 8:45 am] (OMB) exempted from Executive Order (per ton). Two rates of assessment are
BILLING CODE 3410–02–P 12866 review. Additionally, because established instead of using the formula
this rule does not meet the definition of currently specified in this part. The
a significant regulatory action it does assessment rates will be $3.55 per ton
DEPARTMENT OF AGRICULTURE not trigger the requirements contained for Segregation 1 peanuts and $1.25 per
in Executive Order 13771. See OMB’s ton for lower quality Segregation 2 and
Agricultural Marketing Service 3 peanuts. This action was unanimously
Memorandum titled ‘‘Interim Guidance
Implementing Section 2 of the Executive recommended by the National Peanut
7 CFR Part 1216 Board (Board) and will help facilitate
Order of January 30, 2017, titled
[Document Number AMS–SC–16–0115] ‘Reducing Regulation and Controlling program operations by providing a more
Regulatory Costs’ ’’ (February 2, 2017). predictable revenue stream for the
Peanut Promotion, Research, and Board. This rule also updates the
Information Order; Change in Executive Order 13175 definition for fiscal year specified in the
Assessment Rate Computation This final rule has been reviewed in part to reflect current practices.
accordance with the requirements of The Peanut Promotion, Research, and
AGENCY: Agricultural Marketing Service, Information Order regulations took
Executive Order 13175, Consultation
USDA. effect in 1999. Under the regulations,
and Coordination with Indian Tribal
ACTION: Final rule. the Board administers a nationally-
Governments. The review reveals that
SUMMARY: This rule changes the this rule will not have substantial and coordinated program of promotion,
assessment rate computation under the direct effects on Tribal governments and research, and information designed to
Agricultural Marketing Service’s (AMS) will not have significant Tribal strengthen the position of peanuts in the
regulations regarding a national research implications. market place and to develop, maintain,
and promotion program (program) for and expand the demand for U.S.
Executive Order 12988 peanuts.
U.S. peanuts. This rule changes the
In addition, this final rule has been Section 1216.48(m) provides authority
basis for assessment under the
reviewed under Executive Order 12988, for the Board to recommend to the
regulations from value to volume (per
Civil Justice Reform. It is not intended Secretary amendments to the
ton). Two rates of assessment are
to have retroactive effect. Section 524 of regulations as the Board considers
established instead of using the formula
the 1996 Act (7 U.S.C. 7423) provides appropriate.
currently specified in the regulations. Section 1216.51 specifies that the
that it shall not affect or preempt any
This rule also updates the definition for funds necessary to pay for programs and
other Federal or State law authorizing
‘‘fiscal year’’ specified in the regulations other authorized costs shall be acquired
promotion or research relating to an
to reflect current practices. by levying assessments upon producers
agricultural commodity.
DATES: Effective Date: July 16, 2018. Under section 519 of the 1996 Act (7 in a manner prescribed by the Secretary.
FOR FURTHER INFORMATION CONTACT: U.S.C. 7418), a person subject to an The assessments are collected by first
Jeanette Palmer, Marketing Specialist, order may file a written petition with handlers from producers and remitted to
Promotion and Economics Division, USDA stating that an order, any the Board no later than 60 days after the
Specialty Crops Program, AMS, USDA, provision of an order, or any obligation last day of the month in which the
Stop 0244, 1400 Independence Avenue imposed in connection with an order, is peanuts were marketed. Paragraph (c) of
SW, Room 1406–S, Washington, DC not established in accordance with the that section currently states that
20250–0244; telephone: (202) 720–9915; law, and request a modification of an assessments shall be levied based on
daltland on DSKBBV9HB2PROD with RULES
facsimile: (202) 205–2800; or electronic order or an exemption from an order. value at a rate of one percent of the
mail: Jeanette.Palmer@ams.usda.gov. Any petition filed challenging an order, price paid for all farmers stock peanuts
SUPPLEMENTARY INFORMATION: This final any provision of an order, or any sold. As defined in § 1216.9, ‘‘farmers
rule affecting the Peanut Promotion, obligation imposed in connection with stock peanuts’’ means picked or
Research, and Information Order (order) an order, shall be filed within two years threshed peanuts produced in the
at 7 CFR part 1216 is authorized under after the effective date of an order, United States which have not been
VerDate Sep<11>2014 15:55 Jun 13, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\14JNR1.SGM 14JNR1](https://thefederalregister.org/doc/83_FR_27798/page/1.svg)
![27686 Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Rules and Regulations
proposed computation will allow the last day of the month in which the 3. The office of Aeronautical
Board to plan long term without a peanuts were placed under a marketing Navigation Products, 6500 South
disruption to its income flow. Another assistance loan. MacArthur Blvd., Oklahoma City, OK
commenter in favor of the proposed * * * * * 73169 or,
change stated that it will be less 4. The National Archives and Records
Dated: June 8, 2018.
confusing and easier for USDA to Administration (NARA). For
Bruce Summers,
administer the assessment rate. information on the availability of this
After consideration of all relevant Administrator. material at NARA, call 202–741–6030,
matters presented, including the [FR Doc. 2018–12731 Filed 6–13–18; 8:45 am] or go to: http://www.archives.gov/
information and recommendation BILLING CODE 3410–02–P federal_register/code_of_federal_
submitted by the Board and other regulations/ibr_locations.html.
available information, it is hereby found
that this rule, as hereinafter set forth, is DEPARTMENT OF TRANSPORTATION Availability
consistent with and will effectuate the All SIAPs and Takeoff Minimums and
purposes of the 1996 Act. Federal Aviation Administration ODPs are available online free of charge.
Visit the National Flight Data Center at
List of Subjects in 7 CFR Part 1216 14 CFR Part 97 nfdc.faa.gov to register. Additionally,
Administrative practice and [Docket No. 31197; Amdt. No. 3803] individual SIAP and Takeoff Minimums
procedure, Advertising, Consumer and ODP copies may be obtained from
information, Marketing agreements, Standard Instrument Approach the FAA Air Traffic Organization
Peanut promotion, Reporting and Procedures, and Takeoff Minimums Service Area in which the affected
recordkeeping requirements. and Obstacle Departure Procedures; airport is located.
For the reasons set forth in the Miscellaneous Amendments FOR FURTHER INFORMATION CONTACT:
preamble, 7 CFR part 1216 is amended Thomas J. Nichols, Flight Procedure
as follows: AGENCY: Federal Aviation
Administration (FAA), DOT. Standards Branch (AFS–420), Flight
Technologies and Programs Divisions,
PART 1216—PEANUT PROMOTION, ACTION: Final rule.
Flight Standards Service, Federal
RESEARCH, AND INFORMATION
SUMMARY: This rule establishes, amends, Aviation Administration, Mike
ORDER
suspends, or removes Standard Monroney Aeronautical Center, 6500
■ 1. The authority citation for part 1216 Instrument Approach Procedures South MacArthur Blvd. Oklahoma City,
continues to read as follows: (SIAPs) and associated Takeoff OK 73169 (Mail Address: P.O. Box
Minimums and Obstacle Departure 25082, Oklahoma City, OK 73125)
Authority: 7 U.S.C. 7411–7425; 7 U.S.C.
7401. Procedures (ODPs) for operations at Telephone: (405) 954–4164.
certain airports. These regulatory SUPPLEMENTARY INFORMATION: This rule
■ 2. Revise § 1216.11 to read as follows: actions are needed because of the amends Title 14 of the Code of Federal
§ 1216.11 Fiscal year. adoption of new or revised criteria, or Regulations, part 97 (14 CFR part 97), by
Fiscal year means the 12-month because of changes occurring in the establishing, amending, suspending, or
period beginning with November 1 of National Airspace System, such as the removes SIAPS, Takeoff Minimums
any year and ending with October 31 of commissioning of new navigational and/or ODPS. The complete regulatory
the following year, or such other period facilities, adding new obstacles, or description of each SIAP and its
as determined by the Board and changing air traffic requirements. These associated Takeoff Minimums or ODP
approved by the Secretary. changes are designed to provide safe for an identified airport is listed on FAA
and efficient use of the navigable form documents which are incorporated
■ 3. In § 1216.51, revise paragraphs (c)
airspace and to promote safe flight by reference in this amendment under 5
and (d), remove paragraph (e), and
operations under instrument flight rules U.S.C. 552(a), 1 CFR part 51, and 14
redesignate paragraphs (f) through (j) as
at the affected airports. CFR part 97.20. The applicable FAA
paragraphs (e) through (i) to read as
follows: DATES: This rule is effective June 14, forms are FAA Forms 8260–3, 8260–4,
2018. The compliance date for each 8260–5, 8260–15A, and 8260–15B when
§ 1216.51 Assessments. SIAP, associated Takeoff Minimums, required by an entry on 8260–15A.
* * * * * and ODP is specified in the amendatory The large number of SIAPs, Takeoff
(c) Such assessments shall be levied provisions. Minimums and ODPs, their complex
on all farmers stock peanuts sold at a The incorporation by reference of nature, and the need for a special format
rate of $3.55 per ton for Segregation 1 certain publications listed in the make publication in the Federal
peanuts and $1.25 per ton for regulations is approved by the Director Register expensive and impractical.
Segregation 2 peanuts and 3 peanuts, as of the Federal Register as of June 14, Further, airmen do not use the
those terms are defined in §§ 996.13(b)– 2018. regulatory text of the SIAPs, Takeoff
(d) of this title. ADDRESSES: Availability of matters Minimums or ODPs, but instead refer to
(d) For peanuts placed under a incorporated by reference in the their graphic depiction on charts
marketing assistance loan with the amendment is as follows: printed by publishers of aeronautical
Department’s Commodity Credit materials. Thus, the advantages of
Corporation, the Commodity Credit For Examination incorporation by reference are realized
Corporation, or any entity determined and publication of the complete
daltland on DSKBBV9HB2PROD with RULES
1. U.S. Department of Transportation,
by the Commodity Credit Corporation Docket Ops-M30, 1200 New Jersey description of each SIAP, Takeoff
shall deduct and remit to the Board, Avenue SE, West Bldg., Ground Floor, Minimums and ODP listed on FAA form
from the proceeds of the loan paid to the Washington, DC 20590–0001. documents is unnecessary. This
producer, the assessment per ton as 2. The FAA Air Traffic Organization amendment provides the affected CFR
specified in paragraph (c) of this Service Area in which the affected sections and specifies the types of
section, no more than 60 days after the airport is located; SIAPs, Takeoff Minimums and ODPs
VerDate Sep<11>2014 15:55 Jun 13, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\14JNR1.SGM 14JNR1](https://thefederalregister.org/doc/83_FR_27798/page/4.svg)
Document Created: 2018-06-14 01:38:55
Document Modified: 2018-06-14 01:38:55
| 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 Date: July 16, 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 27683 | |
| CFR Associated | Administrative Practice and Procedure; Advertising; Consumer Information; Marketing Agreements; Peanut Promotion and Reporting and Recordkeeping Requirements |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR