83 FR 55111 - Domestic Dates Produced or Packed in Riverside County, California; Increased Assessment Rate
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 83, Issue 213 (November 2, 2018)
Agricultural Marketing Service
Federal Register Volume 83, Issue 213 (November 2, 2018)
| Page Range | 55111-55113 | |
| FR Document | 2018-23917 |
[Federal Register Volume 83, Number 213 (Friday, November 2, 2018)] [Proposed Rules] [Pages 55111-55113] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-23917] ======================================================================== Proposed Rules Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. ======================================================================== Federal Register / Vol. 83, No. 213 / Friday, November 2, 2018 / Proposed Rules [[Page 55111]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 987 [Doc. No. AMS-SC-18-0058; SC18-987-1 PR] Domestic Dates Produced or Packed in Riverside County, California; Increased Assessment Rate AGENCY: Agricultural Marketing Service, USDA. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: This proposed rule would implement a recommendation from the California Date Administrative Committee (Committee) to increase the assessment rate for the 2018-19 and subsequent crop years for California dates handled under Marketing Order 987. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated. DATES: Comments must be received by December 3, 2018. ADDRESSES: Interested persons are invited to submit written comments concerning this proposed rule. Comments must be sent to the Docket Clerk, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-0237; Fax: (202) 720-8938; or internet: http://www.regulations.gov. Comments should reference the document number and the date and page number of this issue of the Federal Register and will be available for public inspection in the Office of the Docket Clerk during regular business hours, or can be viewed at: http://www.regulations.gov. All comments submitted in response to this rule will be included in the record and will be made available to the public. Please be advised that the identity of the individuals or entities submitting the comments will be made public on the internet at the address provided above. FOR FURTHER INFORMATION CONTACT: Terry Vawter, Senior Marketing Specialist, 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]. Small businesses may request information on complying with this regulation by contacting Richard Lower, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: (202)720-8938, or Email: [email protected]. SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553, proposes an amendment to regulations issued to carry out a marketing order as defined in 7 CFR 900.2(j). This proposed rule is issued under Marketing Order No. 987, as amended (7 CFR part 987), regulating the handling of domestic dates produced or packed in Riverside County, California. Part 987, (referred to as 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 Committee locally administers the Order and is comprised of producers and producer- handlers operating within the area of production. The Department of Agriculture (USDA) is issuing this proposed rule in conformance with Executive Orders 13563 and 13175. This proposed rule 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 Regulation and Controlling Regulatory Costs'[thinsp]'' (February 2, 2017). This proposed rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the Order now in effect, California date handlers are subject to assessments. Funds to administer the Order are derived from such assessments. It is intended that the assessment rate would be applicable to all assessable dates for the 2018-19 crop year, and continue until amended, suspended, or terminated. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. Such handler is afforded the opportunity for a hearing on the petition. After the hearing, USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. The Order provides authority for the Committee, with the approval of USDA, to formulate an annual budget of expenses and collect assessments from handlers to administer the program. The members are familiar with the Committee's needs and with the costs of goods and services in their local area and are thus in a position to formulate an appropriate budget and assessment rate. The assessment rate is formulated and discussed in a public meeting. Thus, all directly affected persons have an opportunity to participate and provide input. This proposed rule would increase the assessment rate from $0.05 per hundredweight, the rate that was established for the 2016-17 and subsequent crop years, to $0.15 per hundredweight of dates handled for the 2018-19 and subsequent crop years. The proposed higher rate is necessary in order to provide sufficient funds to cover the 2018-19 anticipated expenses. As a result of three consecutive assessment decreases, a smaller crop, anticipated increases in the cost of the annual financial audit, and increased costs for dues and subscriptions, the Committee recommended an increased assessment rate. The 2018-19 crop is estimated to be approximately 29,000,000 pounds, down from 36,000,000 pounds for the 2017-18 crop year. [[Page 55112]] The Committee's operating reserve is low enough that an increase in the assessment rate is necessary to ensure that there are sufficient funds to pay for all the Committee's proposed expenses, while also ensuring that the Committee has an operating reserve to carry into the 2019-20 crop year. The Committee met on June 28, 2018, and unanimously recommended increasing the assessment rate from the current $0.05 per hundredweight to $0.15 per hundredweight in order to maintain expenses at a level consistent with recent crop years' expenses, draw a portion of the expenses from the existing operating reserve, and provide a sufficient operating reserve to carry forward. The assessment rate increase, along with the funds from the reserve and other income, should provide sufficient funds to cover anticipated expenses. The Committee estimates the 2018-19 domestic date crop to be 29,000,000 pounds (290,000 hundredweight), which, at the proposed $0.15 rate, should generate $43,500 in assessment income. Other income, which includes items such as interest income, is expected to be approximately $5,000. Combined with the anticipated $50,000 in beginning year operating reserve funds, the total funds available for the 2018-19 crop year are expected to be $98,500. The Committee's expenses for the 2018-19 crop year are estimated at $83,740. The Committee's expenses are entirely operational, since it conducts its research and promotion programs through its sister organization, the California Date Commission, a California State marketing program. The major administrative expenses include $58,000 for salaries and $25,740 for office and Committee expenses such as rent, insurance, postage, website and email, utilities, meeting costs, and other miscellaneous administrative expenses. The previous crop year's budget was $67,800, and budgeted expenses for salaries and for office and Committee expenses were $50,000 and $17,800, respectively. Increases in the cost of the annual audit, personnel, and in dues and subscriptions account for some of the increased expenses in the 2018-19 crop year. The increased cost for the annual audit reflects the Committee's need to conduct a comprehensive, government-mandated ``single-audit (Yellow Book audit).'' Dues and subscriptions have increased due to the Committee's use of an import reporting subscription service, which provides detailed data on date imports. The assessment rate recommended by the Committee was derived by considering anticipated expenses, expected volume of dates handled, and the amount of funds available in the operating reserve. Income derived from handler assessments of $43,500 (290,000 hundredweight assessed at the proposed rate of $0.15), along with other income and funds from the Committee's operating reserve, would be adequate to cover budgeted expenses of $83,790. Funds in the operating reserve (currently $50,000) would not exceed the average of the annual expenses of the preceding five years, as mandated by Sec. 987.72(d). The assessment rate proposed in this rule would continue in effect indefinitely unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the Committee or other available information. Although this assessment rate would be in effect for an indefinite period, the Committee would continue to meet prior to or during each crop year to recommend a budget of expenses and consider recommendations for modification of the assessment rate. The dates and times of Committee meetings are available from the Committee or USDA. Committee meetings are open to the public and interested persons may express their views at these meetings. USDA would evaluate Committee recommendations and other available information to determine whether modification of the assessment rate is needed. Further rulemaking would be undertaken as necessary. The Committee's budget for subsequent crop years would be reviewed and, as appropriate, approved by USDA. Initial Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS) has considered the economic impact of this proposed rule on small entities. Accordingly, AMS has prepared this initial regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. There are approximately 70 date producers in the production area and 11 date handlers subject to regulation under the Order. The Small Business Administration defines small agricultural producers as those having annual receipts of less than $750,000, and small agricultural service firms as those whose annual receipts are less than $7,500,000. (13 CFR 121.201) According to the National Agricultural Statistics Service (NASS), data for the most-recently completed crop year (2017) shows that about 3.23 tons, or 6,460 pounds, of dates were produced per acre. The 2017 producer price published by NASS was $2,840 per ton. Thus, the value of date production per acre averaged about $9,173 (3.23 tons times $2,840 per ton). At that average price, a producer would have to farm nearly 82 acres to receive an annual income from dates of $750,000 ($750,000 divided by $9,173 per acre equals 81.76 acres). According to Committee staff, the majority of California date producers farm less than 81 acres during the 2017-18 crop year. Thus, it can be concluded that the majority of date producers could be considered small entities. Furthermore, based on a reported average price of $1.25 per pound for packaged dates handled, a handler would have to handle at least 6,000,000 pounds to have $7,500,000 in annual receipts (6,000,000 multiplied by $1.25 per pound). According to information from the Committee on handler utilization of dates, only three of the regulated handlers handled less than 6,000,000 pounds during the 2017-18 crop year. Thus, most of the handlers could be considered large entities. This proposed rule would increase the assessment rate collected from handlers for the 2018-19 and subsequent crop years from $0.05 to $0.15 per hundredweight of dates handled. The Committee unanimously recommended 2018-19 expenditures of $83,790 and an assessment rate of $0.15 per hundredweight of dates, which is $0.10 higher than the 2016- 17 rate currently in effect. The quantity of assessable dates for the 2018-19 crop year is estimated at 29,000,000 pounds (290,000 hundredweight). Thus, the proposed $0.15 rate should provide $43,500 in assessment income. Income derived from handler's assessments, funds from the Committee's authorized reserve, and other income should be adequate to cover expenses for the 2018-19 crop year. The total expenditure recommended by the Committee for the 2018-19 crop year is $83,790, compared to $67,800 for the 2017-18 crop year. The Committee recommended a higher assessment rate because its operating reserve would otherwise be too small to fund program [[Page 55113]] operations when combined with other income. In addition, the crop estimate for the 2018-19 crop year is expected to be 29,000,000 pounds, compared to 36,000,000 pounds for the 2017-18 crop year. The income generated from the proposed higher assessment rate applied to the estimated crop, combined with carry-in funds from the 2017-18 crop year and income from other sources, should be sufficient to cover anticipated 2018-19 expenses and to maintain a financial reserve within the limit specified by the Order. Section 987.72(d) states that the Committee may maintain an operating monetary reserve not to exceed the average of one year's expenses incurred during the most recent five preceding crop years, except that an established reserve need not be reduced to conform to any recomputed average. The Committee estimated a $50,000 reserve carry-in for the 2018-19 crop year. It expects to utilize $35,290 of the reserve during the year, leaving a reserve of approximately $14,710 at the end of the 2018-19 crop year, which is within the limit specified in the Order. The Committee reviewed and unanimously recommended 2018-19 crop year expenditures of $83,790. Prior to arriving at this budget, the Committee considered information from its Budget Subcommittee (Subcommittee), which met on June 7, 2018. The Subcommittee discussed alternative expenditure levels and assessment rates, including not changing the assessment rate or adjusting expenses. Ultimately, the Subcommittee and the Committee recommended an assessment rate of $0.15 per hundredweight of dates handled after considering several factors including the anticipated 2018-19 crop, the Committee's estimated 2018- 19 reserve carry-in and other income, and its anticipated expenses. A review of historical and preliminary information pertaining to the upcoming crop year indicates that the producer price for the 2017- 18 crop year was approximately $142.00 per hundredweight of dates. Utilizing that price, the estimated crop size, and the proposed assessment rate of $0.15 per hundredweight, the estimated assessment revenue for the 2018-19 crop year as a percentage of total producer revenue will be approximately 0.1 percent ($0.15 per hundredweight divided by $142 per hundredweight). This proposed action would increase the assessment obligation imposed on handlers. While assessments impose some additional costs on handlers, the costs are minimal and uniform on all handlers. Some of the additional costs may be passed on to producers. However, these costs would be offset by the benefits derived by the operation of the Order. In addition, the Committee's and the Subcommittee's meetings were widely publicized throughout the California date industry. All interested persons were invited to attend the meetings and encouraged to participate in Committee deliberations on all issues. Like all Committee meetings, the June 28, 2018, meeting was a public meeting, and all entities, both large and small, were able to express views on this issue. Interested persons are invited to submit comments on this proposed rule, including the regulatory and information collection impacts of this action on small businesses. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), the Order's information collection requirements have been previously approved by the Office of Management and Budget (OMB) and assigned OMB No. 0581-0178 Vegetable and Specialty Crops. No changes in those requirements would be necessary as a result of this action. Should any changes become necessary, they would be submitted to OMB for approval. This proposed rule would not impose any additional reporting or recordkeeping requirements on either small or large California date handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. AMS is committed to complying with the E-Government Act, to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this proposed rule. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: http://www.ams.usda.gov/rules-regulations/moa/small-businesses. Any questions about the compliance guide should be sent to Richard Lower at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. List of Subjects in 7 CFR Part 987 Dates, Marketing agreements, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 987 is proposed to be amended as follows: PART 987--DOMESTIC DATES PRODUCED OR PACKED IN RIVERSIDE, CALIFORNIA 0 1. The authority citation for part 987 continues to read as follows: Authority: 7 U.S.C. 601-674. 0 2. Section 987.339 is revised to read as follows: Sec. 987.339 Assessment rate. On and after October 1, 2018, an assessment rate of $0.15 per hundredweight is established for dates produced or packed in Riverside County, California. Dated: October 29, 2018. Bruce Summers, Administrator, Agricultural Marketing Service. [FR Doc. 2018-23917 Filed 11-1-18; 8:45 am] BILLING CODE 3410-02-P
![55111
Proposed Rules Federal Register
Vol. 83, No. 213
Friday, November 2, 2018
This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: all assessable dates for the 2018–19 crop
contains notices to the public of the proposed Terry Vawter, Senior Marketing year, and continue until amended,
issuance of rules and regulations. The Specialist, California Marketing Field suspended, or terminated.
purpose of these notices is to give interested Office, Marketing Order and Agreement The Act provides that administrative
persons an opportunity to participate in the Division, Specialty Crops Program, proceedings must be exhausted before
rule making prior to the adoption of the final
rules.
AMS, USDA; Telephone: (559) 487– parties may file suit in court. Under
5901, Fax: (559) 487–5906, or Email: section 608c(15)(A) of the Act, any
Terry.Vawter@ams.usda.gov. handler subject to an order may file
DEPARTMENT OF AGRICULTURE Small businesses may request with USDA a petition stating that the
information on complying with this order, any provision of the order, or any
Agricultural Marketing Service regulation by contacting Richard Lower, obligation imposed in connection with
Marketing Order and Agreement the order is not in accordance with law
7 CFR Part 987 Division, Specialty Crops Program, and request a modification of the order
AMS, USDA, 1400 Independence or to be exempted therefrom. Such
[Doc. No. AMS–SC–18–0058; SC18–987–1 Avenue SW, STOP 0237, Washington, handler is afforded the opportunity for
PR] DC 20250–0237; Telephone: (202) 720– a hearing on the petition. After the
2491, Fax: (202)720–8938, or Email: hearing, USDA would rule on the
Domestic Dates Produced or Packed in Richard.Lower@ams.usda.gov. petition. The Act provides that the
Riverside County, California; Increased SUPPLEMENTARY INFORMATION: This district court of the United States in any
Assessment Rate action, pursuant to 5 U.S.C. 553, district in which the handler is an
proposes an amendment to regulations inhabitant, or has his or her principal
AGENCY: Agricultural Marketing Service, place of business, has jurisdiction to
issued to carry out a marketing order as
USDA. review USDA’s ruling on the petition,
defined in 7 CFR 900.2(j). This proposed
ACTION: Proposed rule. rule is issued under Marketing Order provided an action is filed not later than
No. 987, as amended (7 CFR part 987), 20 days after the date of the entry of the
SUMMARY: This proposed rule would ruling.
regulating the handling of domestic
implement a recommendation from the The Order provides authority for the
dates produced or packed in Riverside
California Date Administrative Committee, with the approval of USDA,
County, California. Part 987, (referred to
Committee (Committee) to increase the to formulate an annual budget of
as the ‘‘Order’’) is effective under the
assessment rate for the 2018–19 and expenses and collect assessments from
Agricultural Marketing Agreement Act
subsequent crop years for California handlers to administer the program. The
of 1937, as amended (7 U.S.C. 601–674),
dates handled under Marketing Order members are familiar with the
hereinafter referred to as the ‘‘Act.’’ The
987. The assessment rate would remain Committee’s needs and with the costs of
Committee locally administers the
in effect indefinitely unless modified, goods and services in their local area
Order and is comprised of producers
suspended, or terminated. and are thus in a position to formulate
and producer-handlers operating within
DATES: Comments must be received by the area of production. an appropriate budget and assessment
December 3, 2018. The Department of Agriculture rate. The assessment rate is formulated
ADDRESSES: Interested persons are (USDA) is issuing this proposed rule in and discussed in a public meeting.
invited to submit written comments conformance with Executive Orders Thus, all directly affected persons have
concerning this proposed rule. 13563 and 13175. This proposed rule an opportunity to participate and
Comments must be sent to the Docket falls within a category of regulatory provide input.
Clerk, Marketing Order and Agreement actions that the Office of Management This proposed rule would increase
Division, Specialty Crops Program, and Budget (OMB) exempted from the assessment rate from $0.05 per
AMS, USDA, 1400 Independence Executive Order 12866 review. hundredweight, the rate that was
Avenue SW, STOP 0237, Washington, Additionally, because this proposed established for the 2016–17 and
DC 20250–0237; Fax: (202) 720–8938; or rule does not meet the definition of a subsequent crop years, to $0.15 per
internet: http://www.regulations.gov. significant regulatory action, it does not hundredweight of dates handled for the
Comments should reference the trigger the requirements contained in 2018–19 and subsequent crop years. The
document number and the date and Executive Order 13771. See OMB’s proposed higher rate is necessary in
page number of this issue of the Federal Memorandum titled ‘‘Interim Guidance order to provide sufficient funds to
Register and will be available for public Implementing Section 2 of the Executive cover the 2018–19 anticipated expenses.
inspection in the Office of the Docket Order of January 30, 2017, titled As a result of three consecutive
Clerk during regular business hours, or ‘Reducing Regulation and Controlling assessment decreases, a smaller crop,
can be viewed at: http:// Regulatory Costs’ ’’ (February 2, 2017). anticipated increases in the cost of the
www.regulations.gov. All comments This proposed rule has been reviewed annual financial audit, and increased
submitted in response to this rule will under Executive Order 12988, Civil costs for dues and subscriptions, the
be included in the record and will be Justice Reform. Under the Order now in Committee recommended an increased
made available to the public. Please be effect, California date handlers are assessment rate. The 2018–19 crop is
advised that the identity of the subject to assessments. Funds to estimated to be approximately
individuals or entities submitting the administer the Order are derived from 29,000,000 pounds, down from
comments will be made public on the such assessments. It is intended that the 36,000,000 pounds for the 2017–18 crop
internet at the address provided above. assessment rate would be applicable to year.
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![Federal Register / Vol. 83, No. 213 / Friday, November 2, 2018 / Proposed Rules 55113
operations when combined with other may be passed on to producers. PART 987—DOMESTIC DATES
income. In addition, the crop estimate However, these costs would be offset by PRODUCED OR PACKED IN
for the 2018–19 crop year is expected to the benefits derived by the operation of RIVERSIDE, CALIFORNIA
be 29,000,000 pounds, compared to the Order. In addition, the Committee’s
36,000,000 pounds for the 2017–18 crop and the Subcommittee’s meetings were ■ 1. The authority citation for part 987
year. widely publicized throughout the continues to read as follows:
The income generated from the California date industry. All interested Authority: 7 U.S.C. 601–674.
proposed higher assessment rate applied persons were invited to attend the
to the estimated crop, combined with meetings and encouraged to participate ■ 2. Section 987.339 is revised to read
carry-in funds from the 2017–18 crop in Committee deliberations on all as follows:
year and income from other sources, issues. Like all Committee meetings, the § 987.339 Assessment rate.
should be sufficient to cover anticipated June 28, 2018, meeting was a public
2018–19 expenses and to maintain a On and after October 1, 2018, an
meeting, and all entities, both large and
financial reserve within the limit assessment rate of $0.15 per
small, were able to express views on
specified by the Order. hundredweight is established for dates
this issue. Interested persons are invited
Section 987.72(d) states that the to submit comments on this proposed produced or packed in Riverside
Committee may maintain an operating rule, including the regulatory and County, California.
monetary reserve not to exceed the information collection impacts of this Dated: October 29, 2018.
average of one year’s expenses incurred action on small businesses. Bruce Summers,
during the most recent five preceding In accordance with the Paperwork Administrator, Agricultural Marketing
crop years, except that an established Reduction Act of 1995 (44 U.S.C. Service.
reserve need not be reduced to conform chapter 35), the Order’s information [FR Doc. 2018–23917 Filed 11–1–18; 8:45 am]
to any recomputed average. The collection requirements have been BILLING CODE 3410–02–P
Committee estimated a $50,000 reserve previously approved by the Office of
carry-in for the 2018–19 crop year. It Management and Budget (OMB) and
expects to utilize $35,290 of the reserve assigned OMB No. 0581–0178 Vegetable
during the year, leaving a reserve of NUCLEAR REGULATORY
and Specialty Crops. No changes in
approximately $14,710 at the end of the COMMISSION
those requirements would be necessary
2018–19 crop year, which is within the as a result of this action. Should any 10 CFR Parts 170 and 171
limit specified in the Order. changes become necessary, they would
The Committee reviewed and be submitted to OMB for approval. [Docket No. PRM–170–7; NRC–2018–0172]
unanimously recommended 2018–19 This proposed rule would not impose
crop year expenditures of $83,790. Prior any additional reporting or Categorization of the Licensee Fee
to arriving at this budget, the Committee recordkeeping requirements on either Category for Full-Cost Recovery
considered information from its Budget small or large California date handlers. AGENCY: Nuclear Regulatory
Subcommittee (Subcommittee), which As with all Federal marketing order Commission.
met on June 7, 2018. The Subcommittee programs, reports and forms are
discussed alternative expenditure levels ACTION: Petition for rulemaking; notice
periodically reviewed to reduce
and assessment rates, including not information requirements and of docketing.
changing the assessment rate or duplication by industry and public SUMMARY: The U.S. Nuclear Regulatory
adjusting expenses. Ultimately, the sector agencies. Commission (NRC) has received a
Subcommittee and the Committee AMS is committed to complying with petition for rulemaking (PRM) from Mr.
recommended an assessment rate of the E-Government Act, to promote the Christopher S. Pugsley, Esq. (the
$0.15 per hundredweight of dates use of the internet and other petitioner), on behalf of Water
handled after considering several factors information technologies to provide Remediation Technology (WRT), LLC,
including the anticipated 2018–19 crop, increased opportunities for citizen dated July 3, 2018, requesting that the
the Committee’s estimated 2018–19 access to Government information and NRC amend its regulations regarding
reserve carry-in and other income, and services, and for other purposes. full-cost recovery of licensee fees. The
its anticipated expenses. USDA has not identified any relevant petition was docketed by the NRC on
A review of historical and preliminary Federal rules that duplicate, overlap, or August 2, 2018, and has been assigned
information pertaining to the upcoming conflict with this proposed rule. Docket No. PRM–170–7. The NRC is
crop year indicates that the producer A small business guide on complying
examining the issues raised in PRM–
price for the 2017–18 crop year was with fruit, vegetable, and specialty crop
170–7 to determine whether they should
approximately $142.00 per marketing agreements and orders may
be considered in rulemaking. The NRC
hundredweight of dates. Utilizing that be viewed at: http://www.ams.usda.gov/
is not instituting a public comment
price, the estimated crop size, and the rules-regulations/moa/small-businesses.
period for this PRM as the staff
proposed assessment rate of $0.15 per Any questions about the compliance
anticipates considering the issues raised
hundredweight, the estimated guide should be sent to Richard Lower
in the petition in the upcoming fiscal
assessment revenue for the 2018–19 at the previously mentioned address in
year 2019 proposed fee rule, and the
crop year as a percentage of total the FOR FURTHER INFORMATION CONTACT
public will have an opportunity to
producer revenue will be approximately section.
comment at that time.
0.1 percent ($0.15 per hundredweight
List of Subjects in 7 CFR Part 987 DATES: The PRM is available on
divided by $142 per hundredweight).
This proposed action would increase Dates, Marketing agreements, November 2, 2018.
the assessment obligation imposed on Reporting and recordkeeping ADDRESSES: Please refer to Docket ID
handlers. While assessments impose requirements. NRC–2018–0172 when contacting the
some additional costs on handlers, the For the reasons set forth in the NRC about the availability of
costs are minimal and uniform on all preamble, 7 CFR part 987 is proposed to information for this petition. You may
handlers. Some of the additional costs be amended as follows: obtain publicly-available information
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Document Created: 2018-11-02 01:10:36
Document Modified: 2018-11-02 01:10:36
| 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 December 3, 2018. | |
| Contact | Terry Vawter, Senior Marketing Specialist, 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] | |
| FR Citation | 83 FR 55111 | |
| CFR Associated | Dates; Marketing Agreements and Reporting and Recordkeeping Requirements |
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