83 FR 56255 - Pears Grown in Oregon and Washington; Increased Assessment Rate for Fresh Pears
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 83, Issue 219 (November 13, 2018)
Agricultural Marketing Service
Federal Register Volume 83, Issue 219 (November 13, 2018)
| Page Range | 56255-56257 | |
| FR Document | 2018-24728 |
[Federal Register Volume 83, Number 219 (Tuesday, November 13, 2018)] [Rules and Regulations] [Pages 56255-56257] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-24728] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. ======================================================================== Federal Register / Vol. 83, No. 219 / Tuesday, November 13, 2018 / Rules and Regulations [[Page 56255]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 927 [Doc. No. AMS-SC-18-0048; SC18-927-1 FR] Pears Grown in Oregon and Washington; Increased Assessment Rate for Fresh Pears AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule implements a recommendation from the Fresh Pear Committee (Committee) to increase the assessment rate established for the 2018-2019 and subsequent fiscal periods. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. DATES: Effective December 13, 2018. FOR FURTHER INFORMATION CONTACT: Barry Broadbent, Marketing Specialist, or Gary Olson, Regional Director, Northwest Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (503) 326-2724, Fax: (503) 326-7440, or Email: Barry.Broadbent@ams.usda.gov or GaryD.Olson@ams.usda.gov. Small businesses may request information on complying with this regulation by contacting Richard Lower, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: Richard.Lower@ams.usda.gov. SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553, amends regulations issued to carry out a marketing order as defined in 7 CFR 900.2(j). This rule is issued under Marketing Order No. 927, as amended (7 CFR part 927), regulating the handling of pears grown in Oregon and Washington. Part 927, (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 growers and handlers operating within the area of production, and a public member. The Department of Agriculture (USDA) is issuing this final rule in conformance with Executive Orders 13563 and 13175. This 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 rule does not meet the definition of a significant regulatory action, it does not trigger the requirements contained in Executive Order 13771. See OMB's Memorandum titled ``Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017, titled `Reducing Regulation and Controlling Regulatory Costs'[thinsp]'' (February 2, 2017). This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the Order now in effect, Oregon and Washington pear handlers are subject to assessments. Funds to administer the Order are derived from such assessments. The assessment rate established by this rule will be applicable to all assessable pears for the 2018-2019 fiscal period, 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 in a position to formulate an appropriate budget and assessment rate. The assessment rate is formulated and discussed in a public meeting where all directly affected persons have an opportunity to participate and provide input. This rule increases the assessment rate from $0.449 to $0.463 per 44-pound standard box or equivalent of fresh ``summer/fall'' and ``winter'' pears handled for the 2018-2019 and subsequent fiscal periods. The higher rate is necessary to fully cover the Committee's 2018-2019 fiscal period budgeted expenditures. The Committee has had to draw from its monetary reserve to partially fund program activities during the last two fiscal periods. Drawing from reserves to fund operations on an on-going basis is not a sustainable strategy. Therefore, increasing the continuing assessment rate will allow the Committee to fully fund budgeted expenses and replenish its financial reserve. The Committee met on May 31, 2018, and unanimously recommended 2018-2019 fiscal period expenditures of $9,213,133 and an assessment rate of $0.463 per standard box or equivalent of fresh ``summer/fall'' and ``winter'' pears handled. In comparison, last year's budgeted expenditures were $9,282,059. The new assessment rate of $0.463 is $0.014 higher than the $0.449 rate previously in effect. The Committee recommended the assessment rate increase because expenditures have exceeded assessment revenue in the previous two fiscal periods. The major expenditures recommended by the Committee for the 2018- 2019 fiscal period include $550,790 for contracted administration by Pear Bureau Northwest, $190,700 for administrative expenses, $771,643 for production research and market development, and $7,700,000 for promotion and paid advertising for both ``summer/fall'' and ``winter'' varieties of fresh pears. In comparison, major expenses for the 2017- 2018 fiscal period included $512,928 for contracted [[Page 56256]] administration, $232,200 for administrative expenses, $836,931 for production research and market development, and $7,700,000 for promotion and paid advertising. The assessment rate recommended by the Committee was derived by considering anticipated expenses, expected shipments, and the amount of funds available in the authorized reserve. Anticipated income derived from handler assessments of $9,260,000 (20 million standard boxes or equivalent at $0.463 per box) should be adequate to cover budgeted expenses of $9,213,133, with any excess funds used to replenish the Committee's monetary reserve. Funds in the reserve (currently $1,096,332) will be kept within the maximum permitted by Sec. 927.42(a) and will not exceed the expenses of approximately one fiscal period. The assessment rate established in this rule will 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 will be in effect for an indefinite period, the Committee will continue to meet prior to or during each fiscal period 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 will 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 fiscal periods will be reviewed and, as appropriate, approved by USDA. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS) has considered the economic impact of this rule on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. There are approximately 827 growers of fresh pears in the production area and approximately 38 handlers subject to regulation under the Order. Small agricultural producers are defined by the Small Business Administration (SBA) as those having annual receipts less than $750,000, and small agricultural service firms are defined as those whose annual receipts are less than $7,500,000 (13 CFR 121.201). According to data from USDA Market News, the industry, and the Committee, for the 2016-17 season, the weighted average f.o.b. price for Oregon-Washington fresh pears was approximately $26.99 per standard 44-pound box. Total shipments for that period were 17,878,219 standard boxes or equivalent. Using the number of handlers, and assuming a normal distribution, the majority of handlers may have average annual receipts of more than $7,500,000 ($26.99 per box times 17,878,219 equals $482,533,130 divided by 38 handlers equals $12,698,240 per handler). In addition, based on National Agricultural Statistics Service data, the industry produced 441,950 tons of fresh pears in the production area during the 2016-2017 season, with an average grower price of $797 per ton. Based on the average grower price, production, and the total number of Oregon-Washington fresh pear growers, and assuming a normal distribution, the average annual grower revenue is below $750,000 ($797 per ton times 441,950 tons equals $352,234,150 divided by 827 growers equals $425,918 per grower). Thus, the majority of Oregon and Washington fresh pear handlers may be classified as large entities, while the majority of growers may be classified as small entities. This rule increases the assessment rate collected from handlers for the 2018-2019 and subsequent fiscal periods from $0.449 to $0.463 per standard box or equivalent of Oregon and Washington fresh ``summer/ fall'' and ``winter'' pears handled. The Committee unanimously recommended 2018-2019 fiscal period expenditures of $9,213,133 and the $0.463 per standard box or equivalent assessment rate. The assessment rate of $0.463 is $0.014 higher than the rate for the 2017-2018 fiscal period. The quantity of assessable fresh ``summer/fall'' and ``winter'' pears for the 2018-2019 fiscal period is estimated at 20 million standard boxes or equivalent. Thus, the $0.463 rate should provide $9,260,000 in assessment income. Income derived from handler assessments should be adequate to cover budgeted expenses, with any excess funds used to replenish the Committee's monetary reserve. The major expenditures recommended by the Committee for the 2018- 2019 fiscal period include $550,790 for contracted administration by Pear Bureau Northwest, $190,700 for administrative expenses, $771,643 for production research and market development, and $7,700,000 for promotion and paid advertising for both ``summer/fall'' pears and ``winter'' pears. Budgeted expenses for these items in the 2017-2018 fiscal period were $512,928, $232,200, $836,931, and $7,700,000, respectively. The higher assessment rate is necessary to fully cover the Committee's 2018-2019 fiscal period budgeted expenditures. The Committee has had to draw from its monetary reserve to partially fund program activities during the 2016-2017 and 2017-2018 fiscal periods. Drawing from its financial reserve to fund operations on an on-going basis is not a sustainable strategy. Increasing the continuing assessment rate will allow the Committee to fully fund budgeted expenses and replenish its financial reserve. Prior to arriving at this budget and assessment rate, the Committee considered maintaining the current assessment rate of $0.449 per standard box or equivalent. However, leaving the assessment unchanged would not have generated sufficient revenue to meet the Committee's 2018-2019 fiscal period budgeted expenses of $9,213,133, and would have required the Committee to continue to deplete its financial reserve. Based on estimated shipments, the recommended assessment rate of $0.463 per standard box or equivalent should provide $9,260,000 in assessment income. The Committee determined assessment revenue should be adequate to cover budgeted expenses for the 2018-2019 fiscal period. Any excess assessment revenue will be allocated to replenish the Committee's monetary reserve. Reserve funds will be kept within the amount authorized in the Order. A review of historical information and preliminary information pertaining to the upcoming fiscal year indicates that the average grower price for the 2018-2019 season should be approximately $800 per ton of fresh pears. Therefore, the estimated assessment revenue for the 2018-2019 fiscal period as a percentage of total grower revenue is about 2.6 percent. This action increases the assessment obligation imposed on handlers. While assessments impose some additional costs on handlers, the costs are minimal [[Page 56257]] and uniform on all handlers. Some of the additional costs may be passed on to growers. However, these costs are offset by the benefits derived by the operation of the Order. In addition, the Committee's meeting was widely publicized throughout the Oregon and Washington fresh pear industry. All interested persons were invited to attend the meeting and participate in Committee deliberations on all issues. Like all Committee meetings, the May 31, 2018, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Order's information collection requirements have been previously approved by the OMB and assigned OMB No. 0581-0189 Fruit Crops. No changes in those requirements are necessary as a result of this action. Should any changes become necessary, they would be submitted to OMB for approval. This rule imposes no additional reporting or recordkeeping requirements on either small or large Oregon and Washington fresh pear 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. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this final rule. AMS is committed to complying with the E-Government Act, to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. A proposed rule concerning this action was published in the Federal Register on August 28, 2018 (83 FR 43799). Copies of the proposed rule were also mailed or sent via facsimile to all Oregon and Washington fresh pear handlers. The proposal was made available through the internet by USDA and the Office of the Federal Register. A 30-day comment period ending September 27, 2018, was provided for interested persons to respond to the proposal. One comment was received during the comment period. The commenter was in favor of the regulation. Accordingly, no changes will be made to the rule as proposed, based on the comment received. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: http://www.ams.usda.gov/rules-regulations/moa/small-businesses. Any questions about the compliance guide should be sent to Richard Lower at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. After consideration of all relevant material presented, including the information and recommendation submitted by the Committee and other available information, it is hereby found that this rule, will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 927 Marketing agreements, Pears, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 927 is amended as follows: PART 927--PEARS GROWN IN OREGON AND WASHINGTON 0 1. The authority citation for 7 CFR part 927 continues to read as follows: Authority: 7 U.S.C. 601-674. 0 2. In Sec. 927.236, the introductory text and paragraphs (a) and (b) are revised to read as follows: Sec. 927.236 Assessment rate. On and after July 1, 2018, the following base rates of assessment for fresh pears are established for the Fresh Pear Committee: (a) $0.463 per 44-pound net weight standard box or container equivalent for any or all varieties or subvarieties of fresh pears classified as ``summer/fall''; (b) $0.463 per 44-pound net weight standard box or container equivalent for any or all varieties or subvarieties of fresh pears classified as ``winter''; and * * * * * Dated: November 7, 2018. Bruce Summers, Administrator, Agricultural Marketing Service. [FR Doc. 2018-24728 Filed 11-9-18; 8:45 am] BILLING CODE 3410-02-P
![56255
Rules and Regulations Federal Register
Vol. 83, No. 219
Tuesday, November 13, 2018
This section of the FEDERAL REGISTER of pears grown in Oregon and The Order provides authority for the
contains regulatory documents having general Washington. Part 927, (referred to as Committee, with the approval of USDA,
applicability and legal effect, most of which ‘‘the Order’’) is effective under the to formulate an annual budget of
are keyed to and codified in the Code of Agricultural Marketing Agreement Act expenses and collect assessments from
Federal Regulations, which is published under of 1937, as amended (7 U.S.C. 601–674), handlers to administer the program. The
50 titles pursuant to 44 U.S.C. 1510.
hereinafter referred to as the ‘‘Act.’’ The members are familiar with the
The Code of Federal Regulations is sold by Committee locally administers the Committee’s needs and with the costs of
the Superintendent of Documents. Order and is comprised of growers and goods and services in their local area
handlers operating within the area of and are in a position to formulate an
production, and a public member. appropriate budget and assessment rate.
DEPARTMENT OF AGRICULTURE The Department of Agriculture The assessment rate is formulated and
(USDA) is issuing this final rule in discussed in a public meeting where all
Agricultural Marketing Service conformance with Executive Orders directly affected persons have an
13563 and 13175. This rule falls within opportunity to participate and provide
7 CFR Part 927 a category of regulatory actions that the input.
[Doc. No. AMS–SC–18–0048; SC18–927–1 Office of Management and Budget This rule increases the assessment
FR] (OMB) exempted from Executive Order rate from $0.449 to $0.463 per 44-pound
12866 review. Additionally, because standard box or equivalent of fresh
Pears Grown in Oregon and this rule does not meet the definition of ‘‘summer/fall’’ and ‘‘winter’’ pears
Washington; Increased Assessment a significant regulatory action, it does handled for the 2018–2019 and
Rate for Fresh Pears not trigger the requirements contained subsequent fiscal periods. The higher
in Executive Order 13771. See OMB’s rate is necessary to fully cover the
AGENCY: Agricultural Marketing Service,
Memorandum titled ‘‘Interim Guidance Committee’s 2018–2019 fiscal period
USDA.
Implementing Section 2 of the Executive budgeted expenditures. The Committee
ACTION: Final rule. Order of January 30, 2017, titled has had to draw from its monetary
SUMMARY: This rule implements a ‘Reducing Regulation and Controlling reserve to partially fund program
recommendation from the Fresh Pear Regulatory Costs’ ’’ (February 2, 2017). activities during the last two fiscal
Committee (Committee) to increase the This rule has been reviewed under periods. Drawing from reserves to fund
assessment rate established for the Executive Order 12988, Civil Justice operations on an on-going basis is not a
2018–2019 and subsequent fiscal Reform. Under the Order now in effect, sustainable strategy. Therefore,
periods. The assessment rate will Oregon and Washington pear handlers increasing the continuing assessment
remain in effect indefinitely unless are subject to assessments. Funds to rate will allow the Committee to fully
modified, suspended, or terminated. administer the Order are derived from fund budgeted expenses and replenish
such assessments. The assessment rate its financial reserve.
DATES: Effective December 13, 2018.
established by this rule will be The Committee met on May 31, 2018,
FOR FURTHER INFORMATION CONTACT: applicable to all assessable pears for the and unanimously recommended 2018–
Barry Broadbent, Marketing Specialist, 2018–2019 fiscal period, and continue 2019 fiscal period expenditures of
or Gary Olson, Regional Director, until amended, suspended, or $9,213,133 and an assessment rate of
Northwest Marketing Field Office, terminated. $0.463 per standard box or equivalent of
Marketing Order and Agreement The Act provides that administrative fresh ‘‘summer/fall’’ and ‘‘winter’’ pears
Division, Specialty Crops Program, proceedings must be exhausted before handled. In comparison, last year’s
AMS, USDA; Telephone: (503) 326– parties may file suit in court. Under budgeted expenditures were $9,282,059.
2724, Fax: (503) 326–7440, or Email: section 608c(15)(A) of the Act, any The new assessment rate of $0.463 is
Barry.Broadbent@ams.usda.gov or handler subject to an order may file $0.014 higher than the $0.449 rate
GaryD.Olson@ams.usda.gov. with USDA a petition stating that the previously in effect. The Committee
Small businesses may request order, any provision of the order, or any recommended the assessment rate
information on complying with this obligation imposed in connection with increase because expenditures have
regulation by contacting Richard Lower, the order is not in accordance with law exceeded assessment revenue in the
Marketing Order and Agreement and request a modification of the order previous two fiscal periods.
Division, Specialty Crops Program, or to be exempted therefrom. Such The major expenditures
AMS, USDA, 1400 Independence handler is afforded the opportunity for recommended by the Committee for the
Avenue SW, STOP 0237, Washington, a hearing on the petition. After the 2018–2019 fiscal period include
DC 20250–0237; Telephone: (202) 720– hearing, USDA would rule on the $550,790 for contracted administration
2491, Fax: (202) 720–8938, or Email: petition. The Act provides that the by Pear Bureau Northwest, $190,700 for
Richard.Lower@ams.usda.gov. district court of the United States in any administrative expenses, $771,643 for
SUPPLEMENTARY INFORMATION: This district in which the handler is an production research and market
amozie on DSK3GDR082PROD with RULES
action, pursuant to 5 U.S.C. 553, inhabitant, or has his or her principal development, and $7,700,000 for
amends regulations issued to carry out place of business, has jurisdiction to promotion and paid advertising for both
a marketing order as defined in 7 CFR review USDA’s ruling on the petition, ‘‘summer/fall’’ and ‘‘winter’’ varieties of
900.2(j). This rule is issued under provided an action is filed not later than fresh pears. In comparison, major
Marketing Order No. 927, as amended (7 20 days after the date of the entry of the expenses for the 2017–2018 fiscal
CFR part 927), regulating the handling ruling. period included $512,928 for contracted
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![Federal Register / Vol. 83, No. 219 / Tuesday, November 13, 2018 / Rules and Regulations 56257
and uniform on all handlers. Some of Any questions about the compliance SUMMARY: This document makes
the additional costs may be passed on guide should be sent to Richard Lower technical corrections to a rule that was
to growers. However, these costs are at the previously mentioned address in published in the Federal Register on
offset by the benefits derived by the the FOR FURTHER INFORMATION CONTACT August 7, 2018. The Commission
operation of the Order. In addition, the section. adopted amendments to the regulatory
Committee’s meeting was widely After consideration of all relevant requirements in Regulation ATS under
publicized throughout the Oregon and material presented, including the the Securities Exchange Act of 1934
Washington fresh pear industry. All information and recommendation applicable to alternative trading systems
interested persons were invited to submitted by the Committee and other (‘‘ATSs’’) that trade National Market
attend the meeting and participate in available information, it is hereby found System (‘‘NMS’’) stocks (hereinafter
Committee deliberations on all issues. that this rule, will tend to effectuate the referred to as ‘‘NMS Stock ATSs’’),
Like all Committee meetings, the May declared policy of the Act. which included, among other items,
31, 2018, meeting was a public meeting Form ATS–N. This document is being
and all entities, both large and small, List of Subjects in 7 CFR Part 927 published to correct a citation contained
were able to express views on this issue. Marketing agreements, Pears, in the adopted language of Part III, Item
In accordance with the Paperwork Reporting and recordkeeping 15.a of Form ATS–N.
Reduction Act of 1995 (44 U.S.C. requirements. DATES: Effective November 13, 2018.
Chapter 35), the Order’s information For the reasons set forth in the FOR FURTHER INFORMATION CONTACT:
collection requirements have been preamble, 7 CFR part 927 is amended as Tyler Raimo, Senior Special Counsel, at
previously approved by the OMB and (202) 551–6227; Matthew Cursio,
follows:
assigned OMB No. 0581–0189 Fruit Special Counsel, at (202) 551–5748;
Crops. No changes in those PART 927—PEARS GROWN IN Marsha Dixon, Special Counsel, at (202)
requirements are necessary as a result of OREGON AND WASHINGTON 551–5782; Jennifer Dodd, Special
this action. Should any changes become Counsel, at (202) 551–5653; David
necessary, they would be submitted to ■ 1. The authority citation for 7 CFR Garcia, Special Counsel, at (202) 551–
OMB for approval. part 927 continues to read as follows: 5681; or Megan Mitchell, Special
This rule imposes no additional Counsel, at (202) 551–4887; Office of
reporting or recordkeeping requirements Authority: 7 U.S.C. 601–674.
Market Supervision, Division of Trading
on either small or large Oregon and ■ 2. In § 927.236, the introductory text
and Markets, Securities and Exchange
Washington fresh pear handlers. As and paragraphs (a) and (b) are revised to
Commission, 100 F Street NE,
with all Federal marketing order read as follows:
Washington, DC 20549–7010.
programs, reports and forms are
§ 927.236 Assessment rate. SUPPLEMENTARY INFORMATION: We are
periodically reviewed to reduce
On and after July 1, 2018, the making a technical amendment to Part
information requirements and
following base rates of assessment for III, Item 15.a of Form ATS–N under 17
duplication by industry and public
sector agencies. USDA has not fresh pears are established for the Fresh CFR 249.640.
identified any relevant Federal rules Pear Committee: List of Subjects in 17 CFR Part 249
that duplicate, overlap, or conflict with (a) $0.463 per 44-pound net weight
standard box or container equivalent for Brokers, Reporting and recordkeeping
this final rule. requirements, Securities.
AMS is committed to complying with any or all varieties or subvarieties of
the E-Government Act, to promote the fresh pears classified as ‘‘summer/fall’’; Statutory Authority and Text of
use of the internet and other (b) $0.463 per 44-pound net weight Amendments
information technologies to provide standard box or container equivalent for For the reasons set out above, title 17,
increased opportunities for citizen any or all varieties or subvarieties of chapter II of the Code of Federal
access to Government information and fresh pears classified as ‘‘winter’’; and Regulations is amended as follows:
services, and for other purposes. * * * * *
A proposed rule concerning this PART 249—FORMS, SECURITIES
Dated: November 7, 2018.
action was published in the Federal EXCHANGE ACT OF 1934
Register on August 28, 2018 (83 FR Bruce Summers,
43799). Copies of the proposed rule Administrator, Agricultural Marketing ■ 1. The authority citation for part 249
were also mailed or sent via facsimile to Service. continues to read in part as follows:
all Oregon and Washington fresh pear [FR Doc. 2018–24728 Filed 11–9–18; 8:45 am]
Authority: 15 U.S.C. 78a et seq. and 7201
handlers. The proposal was made BILLING CODE 3410–02–P et seq.; 12 U.S.C. 5461 et seq.; 18 U.S.C. 1350;
available through the internet by USDA Sec. 953(b), Pub. L. 111–203, 124 Stat. 1904;
and the Office of the Federal Register. A Sec. 102(a)(3), Pub. L. 112–106, 126 Stat. 309
30-day comment period ending SECURITIES AND EXCHANGE (2012); Sec. 107, Pub. L. 112–106, 126 Stat.
313 (2012), and Sec. 72001, Pub. L. 114–94,
September 27, 2018, was provided for COMMISSION
129 Stat. 1312 (2015), unless otherwise
interested persons to respond to the noted.
proposal. One comment was received 17 CFR Part 249
* * * * *
during the comment period. The [Release No. 34–84541; File No. S7–23–15]
commenter was in favor of the ■ 2. Amend Form ATS–N (referenced in
regulation. Accordingly, no changes will RIN 3235–AL66 § 249.640) by revising Part III, Item 15.a
be made to the rule as proposed, based to read as follows:
amozie on DSK3GDR082PROD with RULES
on the comment received. Regulation of NMS Stock Alternative Note: The text of Form ATS–N does not,
A small business guide on complying Trading Systems and this amendment will not, appear in the
with fruit, vegetable, and specialty crop Code of Federal Regulations.
AGENCY: Securities and Exchange
marketing agreements and orders may Commission.
be viewed at: http://www.ams.usda.gov/ Form ATS–N
ACTION: Final rule; technical correction.
rules-regulations/moa/small-businesses. * * * * *
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Document Created: 2018-11-10 03:18:45
Document Modified: 2018-11-10 03:18:45
| 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 December 13, 2018. | |
| Contact | Barry Broadbent, Marketing Specialist, or Gary Olson, Regional Director, Northwest Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (503) 326-2724, Fax: (503) 326-7440, or Email: [email protected] or [email protected] | |
| FR Citation | 83 FR 56255 | |
| CFR Associated | Marketing Agreements; Pears and Reporting and Recordkeeping Requirements |
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