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Code · REGISTER · 2017-09-15 · Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43377-43378 2017-19620 Agency Information Collection A · Unknown

Unknown. Interim rule with request for comments

4,867 words·~22 min read·/register/2017/09/15/2017-19553

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2017-09-15.xml --- 82 178 Friday, September 15, 2017 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43377-43378 2017-19620 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, 43376-43377 2017-19621 Meetings:
Subcommittees, 43375-43376 2017-19643 Agricultural Marketing Agricultural Marketing Service RULES Decreased Assessment Rates: Apricots Grown in Designated Counties in Washington, 43297-43299 2017-19553 Agriculture Agriculture Department See Agricultural Marketing Service See National Institute of Food and Agriculture Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43378-43379 2017-19521 Civil Rights Civil Rights Commission NOTICES Meetings:
Alabama Advisory Committee, 43326-43327 2017-19632 Kentucky Advisory Committee, 43326 2017-19550 Coast Guard Coast Guard RULES Safety Zones: Tombigbee River, Demopolis, AL, 43301-43303 2017-19663 Commerce Commerce Department See Economic Development Administration See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;
Additions and Deletions, 43338-43339 2017-19667 Community Living Administration Community Living Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Performance Reports for the Centers for Independent Living, Designated State Entities (DSEs), and Statewide Independent Living Councils, 43380-43381 2017-19560 State Plan for Assistive Technology, 43379-43380 2017-19570 Comptroller Comptroller of the Currency NOTICES Meetings:
Minority Depository Institutions Advisory Committee, 43454 2017-19559 Consumer Product Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 43339 2017-19756 Defense Department Defense Department See Engineers Corps NOTICES Science and Technology Reinvention Laboratory Personnel Management Demonstration Project Program, 43339-43343 2017-19576 Defense Nuclear Defense Nuclear Facilities Safety Board NOTICES Meetings; Sunshine Act, 43343-43344 2017-19630 Drug Drug Enforcement Administration NOTICES Importers of Controlled Substances;
Applications: Cerilliant Corp., 43404-43407 2017-19067 Economic Development Economic Development Administration NOTICES Eligibility for Trade Adjustment Assistance; Petitions, 43327 2017-19661 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: E-Complaint Form, 43344 2017-19552 Performance Review Board Membership, 43344-43345 2017-19673 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Requests for Information:
Costs and Benefits of Net Energy Metering, 43345-43346 2017-19647 Engineers Engineers Corps PROPOSED RULES Subgroup to the DoD Regulatory Reform Task Force, Review of Existing Rules: United States Army, Corps of Engineers, 43314-43315 2017-19627 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Iowa; Approval and Promulgation of the State Implementation Plan, the 111(d) Plan, and the Operating Permits Program, 43303-43307 2017-19347 Virgin Islands;
Other Solid Waste Incineration Units, 43307-43309 2017-19706 Amendment to Standards and Practices for All Appropriate Inquiries Under CERCLA, 43309-43312 2017-19593 2017-19594 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Iowa; Approval and Promulgation of the State Implementation Plan, the 111(d) Plan, and the Operating Permits Program, 43315 2017-19348 Virgin Islands; Other Solid Waste Incineration Units, 43316 2017-19705 State Hazardous Waste Management Program;
Final Authorizations Ohio, 43316-43321 2017-19696 NOTICES Environmental Impact Statements; Availability, etc.: Weekly Receipts, 43359 2017-19665 Federal Operating and Construction Permits: Cloquet Compressor Station No. 5, Grand Casino Hinckley, Treasure Island Resort and Casino, and Mystic Lake Casino Hotel, 43359-43361 2017-19700 Final Agency Action to Issue a Prevention of Significant Deterioration Non-Applicability Determinations: Tesoro Refining and Marketing for further Integration of its Carson and Wilmington Facilities, 43359 2017-19701 Pesticide Petitions:
Residues of Pesticide Chemicals in or on Various Commodities, 43352-43354 2017-19692 Pesticide Product Registrations: Applications for New Active Ingredients, 43357-43358 2017-19694 New Uses, 43356-43357 2017-19691 Request for Nominations: Human Studies Review Board Advisory Committee, 43358-43359 2017-19698 Requests for Comments: Interim List of Perchlorate in Drinking Water Expert Peer Reviewers and Draft Peer Review Charge Questions, 43361-43362 2017-19702 Peer Review Materials to Inform the Safe Drinking Water Act Decision Making on Perchlorate, 43354-43356 2017-19703 Equal Equal Employment Opportunity Commission NOTICES Stay the Effectiveness of the EEO-1 Pay Data Collection, 43362-43363 2017-19489 Farm Credit System Insurance Farm Credit System Insurance Corporation NOTICES Meetings:
Farm Credit System Insurance Corporation Board, 43363 2017-19622 Federal Communications Federal Communications Commission RULES WRC-12 Implementation Report and Order, 43312-43313 2017-19578 PROPOSED RULES Service Rules for the 698-746, 747-762, and 777-792 MHz Bands; Correction, 43321 2017-19481 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43363-43367 2017-19555 2017-19556 2017-19579 2017-19580 Federal Energy Federal Energy Regulatory Commission NOTICES Applications:
Clean River Power MR-2, LLC, 43348-43349 2017-19567 Kinetica Deepwater Express, LLC; Kinetica Energy Express, LLC, 43351-43352 2017-19566 National Fuel Gas Supply Corp., 43350-43351 2017-19564 Perryville Gas Storage LLC, 43349-43350 2017-19565 Electronic Tariff Filings: Footnotes, Headers, or Footers in Tariff Text in the Commission's E-Tariff System, 43349 2017-19563 Environmental Assessments; Availability, etc.: DCP Operating Company, LP; Mewbourn 3 Residue East Pipeline, 43346-43348 2017-19561 Staff Attendances, 43348 2017-19562 Federal Railroad Federal Railroad Administration NOTICES Requests for Positive Train Control Safety Plan Approvals and System Certifications:
Portland and Western Railroad, 43449-43450 2017-19598 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43367-43368 2017-19568 Federal Trade Federal Trade Commission NOTICES Early Termination of the Waiting Period under Premerger Notification Rules; Approvals, 43371-43374 2017-19616 Proposed Consent Agreements: Decusoft, LLC, 43369-43371 2017-19617 Md7, LLC, 43368-43369 2017-19618 Tru Communication, Inc., 43374-43375 2017-19619 Food and Drug Food and Drug Administration NOTICES Charter Renewals:
Nonprescription Drugs Advisory Committee, 43388 2017-19670 Determinations that Products Were Not Withdrawn from Sale for Reasons of Safety or Effectiveness: CORTONE (Cortisone Acetate) Tablets and Other Drug Products, 43388-43390 2017-19611 TIMOPTIC (Timolol Maleate Ophthalmic Solution), 0.25 Percent and 0.5 Percent, 43384-43385 2017-19610 Guidance: Establishing the Performance Characteristics of In Vitro Diagnostic Devices for the Detection or Detection and Differentiation of Human Papillomaviruses, 43386-43387 2017-19612 Regulatory Considerations for Microneedling Devices, 43383-43384 2017-19614 The Index of Legally Marketed Unapproved New Animal Drugs for Minor Species, 43381-43383 2017-19609 Utilizing Animal Studies to Evaluate Organ Preservation Devices, 43390-43391 2017-19613 Medical Devices:
Availability of Safety and Effectiveness Summaries for Premarket Approval Applications, 43385-43386 2017-19607 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 43454-43455 2017-19635 Foreign Trade Foreign-Trade Zones Board NOTICES Subzone Applications: Gulfstream Aerospace Corp., Foreign-Trade Zone 168, Dallas/Fort Worth, TX, 43327 2017-19639 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43399-43400 2017-19575 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Medicare & Medicaid Services See Community Living Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Poison Help General Population Survey, 43391-43392 2017-19608 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection Interior Interior Department See Geological Survey NOTICES Statement of Findings: Aamodt Litigation Settlement Act, 43400-43401 2017-19541 Internal Revenue Internal Revenue Service PROPOSED RULES Verification and Certification Requirements for Certain Entities and Reporting by Foreign Financial Institutions;
Correction, 43314 2017-19540 Withholding of Tax on Certain U.S. Source Income Paid to Foreign Persons; Correction, 43314 2017-19538 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Cased Pencils from the People's Republic of China, 43329-43331 2017-19049 Certain Tool Chests and Cabinets from the People's Republic of China, 43331-43335 2017-19633 Certain Uncoated Paper from Indonesia, 43328 2017-19636 Drawn Stainless Steel Sinks from the People's Republic of China, 43328-43329 2017-19640 International Trade Com International Trade Commission NOTICES Investigations;
Determinations, Modifications, and Rulings, etc.: Certain Periodontal Laser Devices and Components Thereof, 43401-43402 2017-19596 Certain Pool and Spa Enclosures, 43402-43403 2017-19558 Certain Wireless Audio Systems and Components Thereof, 43404 2017-19597 Emulsion Styrene-Butadiene Rubber from Brazil, Korea, Mexico, and Poland, 43402 2017-19675 Steel Concrete Reinforcing Bar from Taiwan, 43403 2017-19557 Justice Department Justice Department See Drug Enforcement Administration See National Institute of Justice Labor Department Labor Department NOTICES Establishing a Minimum Wage for Contractors, Notice of Rate Change in Effect as of January 1, 2018, 43408-43412 2017-19668 Fiscal Year 2016 Through FY 2017 Stand Down Grant Requests, 43408 2017-19664 NASA National Aeronautics and Space Administration NOTICES Meetings:
International Space Station Advisory Committee, 43413 2017-19626 National Highway National Highway Traffic Safety Administration PROPOSED RULES Guidance: Automated Driving Systems—A Vision for Safety, 43321-43323 2017-19637 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43450-43452 2017-19638 Petitions for Decisions of Inconsequential Noncompliance: Ride the Ducks International, LLC, 43452-43454 2017-19631 National Institute Food National Institute of Food and Agriculture NOTICES Meetings:
Stakeholder Listening Opportunity for Priorities in Research, Education and Extension, 43325-43326 2017-19714 National Institute Justice National Institute of Justice NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Proposed Study entitled Evaluation of the Bureau of Justice Assistance Sexual Assault Kit Initiative, 43407-43408 2017-19641 National Institute National Institute of Standards and Technology NOTICES National Institute of Standards and Technology Performance Review Board Membership, 43335 2017-19599 National Institute National Institutes of Health NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Special Volunteer and Guest Researcher Assignment, 43394-43395 2017-19595 Government-Owned Inventions; Availability for Licensing, 43392-43393 2017-19590 2017-19591 Meetings: National Institute on Deafness and Other Communication Disorders, 43393-43394 2017-19592 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries off West Coast States: Highly Migratory Fisheries; Amendment 5 to the Highly Migratory Species Fishery Management Plan;
California Drift Gillnet Fishery; Implementation of a Federal Limited Entry Drift Gillnet Permit, 43323-43324 2017-19662 NOTICES Meetings: Gulf of Mexico Fishery Management Council, 43335-43336 2017-19644 New England Fishery Management Council, 43336-43337 2017-19645 National Science National Science Foundation NOTICES Meetings: Advisory Committee for Cyberinfrastructure, 43413 2017-19606 Advisory Committee for Environmental Research and Education, 43413 2017-19605 Advisory Committee for Geosciences, 43414 2017-19604 Committee on Equal Opportunities in Science and Engineering, 43413-43414 2017-19603 National Telecommunications National Telecommunications and Information Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: State and Local Implementation Grant Program 2.0 Reporting Requirements, 43337-43338 2017-19679 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 43414 2017-19776 Pension Benefit Pension Benefit Guaranty Corporation RULES Benefits Payable in Terminated Single-Employer Plans: Allocation of Assets in Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits, 43299-43301 2017-19525 Personnel Personnel Management Office NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 43415 2017-19642 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43415-43416 2017-19629 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43416-43417, 43422-43423, 43429-43430 2017-19676 2017-19677 2017-19678 Applications: Innovator ETFS Trust and Innovator Capital Management, LLC, 43439-43440 2017-19577 Meetings:
Investor Advisory Committee, 43439 2017-19674 Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 43436-43439 2017-19582 NASDAQ PHLX, LLC, 43432-43433 2017-19581 NYSE American, LLC, 43433-43436 2017-19584 NYSE Arca, Inc., 43417-43422, 43430-43432 2017-19585 2017-19586 The NASDAQ Stock Market LLC, 43423-43429 2017-19583 Small Business Small Business Administration NOTICES Disaster Declarations: Florida, 43440-43441 2017-19569 Puerto Rico, 43441 2017-19572 Major Disaster Declarations:
Puerto Rico, 43441 2017-19573 Social Social Security Administration NOTICES Rulings: Titles II and XVI—Evaluating Cases Involving Sickle Cell Disease, 43442-43445 2017-19551 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Medical Examination for Visa or Refugee Applicant, 43446-43447 2017-19671 Culturally Significant Objects Imported for Exhibition: Stephen Shore, 43446 2017-19625 Meetings: Advisory Committee on Private International Law, 43446 2017-19624 Cultural Property Advisory Committee, 43445-43446 2017-19623 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions:
CSX Transportation, Inc., Greenbrier and Nicholas Counties, WV, 43447 2017-19646 Tennessee Tennessee Valley Authority NOTICES Records of Decisions: Rarity Pointe Commercial Recreation and Residential Development on Tellico Reservoir, Loudon and Monroe Counties, TN, 43448-43449 2017-19657 Transportation Department Transportation Department See Federal Railroad Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Comptroller of the Currency See Foreign Assets Control Office See Internal Revenue Service U.S.
Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43396-43397 2017-19600 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application to File Declaration of Intention, 43395-43396 2017-19588 Customer Profile Management System-IDENTity Verification Tool, 43398-43399 2017-19587 National Interest Waivers; Supplemental Evidence to I-140 and I-485, 43397-43398 2017-19589 Customs U.S.
Customs and Border Protection NOTICES Electronic Foreign Trade Zone Admission Applications: Delay of Transition from the Automated Commercial System to the Automated Commercial Environment, 43395 2017-19669 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 82 178 Friday, September 15, 2017 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 922 [Doc.
No. AMS-SC-17-0033; SC17-922-1 IR] Apricots Grown in Designated Counties in Washington; Decreased Assessment Rate AGENCY: Agricultural Marketing Service, USDA. ACTION: Interim rule with request for comments. SUMMARY: This rule implements a recommendation from the Washington Apricot Marketing Committee (Committee) for a decrease in the assessment rate established for the 2017-2018 and subsequent fiscal periods from $1.40 to $1.00 per ton of apricots handled. The Committee locally administers the marketing order and is comprised of growers and handlers of apricots operating within the area of production.
Assessments upon apricot handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins April 1 and ends March 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. DATES: Effective September 18, 2017. Comments received by November 14, 2017, will be considered prior to issuance of a final rule. ADDRESSES: Interested persons are invited to submit written comments concerning this 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: Dale Novotny, Marketing Specialist, or Gary D. 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: *DaleJ.Novotny@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 rule is issued under Marketing Agreement and Order No. 922, both as amended (7 CFR part 922), regulating the handling of apricots grown in designated counties in Washington, hereinafter referred to as the “order.” The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” The Department of Agriculture
(USDA)is issuing this rule in conformance with Executive Orders 13563, and 13175. This rule does not meet the definition of a significant regulatory action contained in section 3(f) of Executive Order, and is not subject to review by the Office of Management and Budget (OMB). 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). This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the marketing order now in effect, Washington apricot handlers are subject to assessments. Funds to administer the order are derived from such assessments. It is intended that the assessment rate as issued herein will be applicable to all assessable apricots beginning April 1, 2017, 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. This rule decreases the assessment rate established under the order for the 2017-2018 and subsequent fiscal periods from $1.40 to $1.00 per ton of apricots handled. 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 of the Committee are growers and handlers of Washington apricots. They are familiar with the Committee's needs and with the costs for 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. For the 2016-2017 and subsequent fiscal periods, the Committee recommended, and USDA approved, an assessment rate of $1.40 per ton of apricots handled, that would continue in effect from fiscal period to fiscal period unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the Committee or other information available to USDA. The Committee met on May 3, 2017, and unanimously recommended 2017-2018 fiscal period expenditures of $8,225 and a decreased assessment rate of $1.00 per ton of apricots handled. In comparison, 2016-2017 fiscal period's budgeted expenditures were $7,160. The assessment rate of $1.00 per ton is $0.40 lower than the rate currently in effect. Favorable growing conditions led to a 2016 crop which was 1,028 tons higher than estimated by the Committee. The extra revenue from the larger than anticipated crop during the 2016-2017 fiscal period, combined with lower than anticipated expenses, resulted in a $3,064 increase in the Committee's financial reserve. The major expenditures recommended by the Committee for the 2017-2018 fiscal period include $4,000 in management contract services; $2,000 for the annual audit; $1,300 for Committee travel expenses; $500 for technological services, software, and equipment; and $425 in miscellaneous office expenses. Budgeted expenses for these items in the 2016-2017 fiscal period were $3,000, $2,000, $1,200, $500, and $460, respectively. The assessment rate recommended by the Committee was derived by dividing anticipated expenses by expected shipments of Washington apricots. After an open discussion with growers, handlers, and industry personnel, the Committee established a crop estimate for the 2017-2018 fiscal period of 6,000 tons. The Committee considered the crop estimate, the recommended 2017-2018 fiscal period expenses, and the Committee's financial reserve when it recommended the assessment rate decrease. The estimated 6,000 tons of apricot shipments should provide $6,000 in assessment income at the $1.00 per ton assessment rate. Income derived from handler assessments, along with interest income and funds from the Committee's authorized reserve, will be adequate to cover budgeted expenses. Sections 922.42(a)(2) and 922.142 of the order authorize the Committee to carry over excess funds into subsequent marketing years as a reserve, provided that funds do not exceed approximately one year's operational expenses. The Committee's financial reserve balance was $10,365 on March 31, 2017, the end of the 2016-2017 fiscal period. The Committee anticipates a reserve balance of $8,140 at the end of the 2017-2018 fiscal period, a level which would be within the maximum permitted by the order. 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 is effective 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 will be undertaken as necessary. The Committee's 2017-2018 budget, and those for subsequent fiscal periods, will be reviewed and, as appropriate, approved by USDA. Regulatory Flexibility Act 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 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 17 Washington apricot handlers subject to regulation under the order and approximately 100 apricot growers in the regulated production area. Small agricultural service firms (handlers) are defined by the Small Business Administration
(SBA)as those whose annual receipts are less than $7,500,000, and small agricultural producers (growers) are defined as those having annual receipts less than $750,000 (13 CFR 121.201). Committee reports indicate that the industry shipped 6,028 tons of Washington apricots over the 2016-2017 fiscal period. Based on information from the USDA's Market News Service, 2016 f.o.b. prices for Washington No. 1 apricots ranged from $18.00 to $23.00 per 24-pound container, for both loose pack and 2-layer tray-pack containers. Using those prices, and the shipment information provided by the Committee, the approximate total value of Washington apricot shipments likely ranged between $9.0 million and $11.6 million, with the average revenue per handler ranging from $532,000 to $680,000. It is therefore determined that most, if not all, of the Washington apricot handlers ship less than $7,500,000 worth of apricots on an annual basis. In addition, using shipment data from the Committee and the 2016 National Agricultural Statistics Service
(NASS)average freight on board (f.o.b.) price of $1,210 per ton for fresh apricots, total revenue for Washington apricot growers for the 2016-2017 fiscal period is estimated to be approximately $7.3 million. Based on these reports and the number of apricot growers within the production area, it is estimated that the average per grower revenue from the sale of apricots in 2016 was approximately $73,000. In view of the foregoing, it is concluded that most of the handlers and growers of Washington apricots may be classified as small entities. This rule decreases the assessment rate collected from handlers, for the 2017-2018 and subsequent fiscal periods from $1.40 to $1.00 per ton of apricots. The Committee unanimously recommended 2017-2018 expenditures of $8,225. The assessment rate of $1.00 per ton is $0.40 lower than the previously established rate. The quantity of assessable apricots for the 2017-2018 fiscal period is estimated at 6,000 tons. Thus, the $1.00 per ton rate should provide $6,000 in assessment income. Income derived from handler assessments, along with interest income and funds from the Committee's authorized reserve, will be adequate to cover budgeted expenses. The major expenditures recommended by the Committee for the 2017-2018 fiscal period include $4,000 in management contract services; $2,000 for the annual audit; $1,300 for Committee travel expenses; $500 for technological services, software, and equipment; and $425 for miscellaneous office expenses. Budgeted expenses for these items in the 2016-2017 fiscal period were $3,000, $2,000, $1,200, $500, and $460, respectively. The assessment rate recommended by the Committee was derived by dividing anticipated expenses by expected shipments of Washington apricots. After an open discussion with growers, handlers, and industry personnel, the Committee established a crop estimate for the 2017-2018 fiscal period of 6,000 tons. The Committee considered the crop estimate, the recommended 2017-2018 fiscal period expenses, and the Committee's financial reserve when it recommended the assessment rate decrease. Prior to arriving at this budget and assessment rate, the Committee considered information from various sources, such as a presentation from representatives of the Washington Stone Fruit Commission and comments from other industry participants. Alternative expenditure levels and assessment rates were discussed by these groups, based upon the relative value of various activities to the apricot industry. The Committee ultimately determined that the recommended budget was appropriate and that assessments at $1.00 per ton, along with interest income and the authorized reserve fund, would generate sufficient revenue to meet those budgeted expenses. A review of historical information and preliminary information pertaining to the upcoming fiscal period indicates that the grower price for the 2017-2018 season could range between $800 and $1,600 per ton of apricots. Therefore, the estimated assessment revenue for the 2017-2018 fiscal period as a percentage of total grower revenue could range between 0.06 and 0.13 percent. This action decreases the assessment obligation imposed on handlers. Assessments are applied uniformly on all handlers, and some of the costs may be passed on to growers. However, decreasing the assessment rate reduces the burden on handlers, and may reduce the burden on growers. In addition, the Committee's meeting was widely publicized throughout the Washington apricot industry and all interested persons were invited to attend the meeting and participate in Committee deliberations on all issues. Like all Committee meetings, the May 3, 2017, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. Finally, interested persons are invited to submit comments on this interim rule, including the regulatory and informational 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 OMB and assigned OMB No. 0581-0178; Vegetable and Specialty Crops. No changes in those requirements as a result of this action are necessary. Should any changes become necessary, they would be submitted to OMB for approval. This action imposes no additional reporting or recordkeeping requirements on either small or large Washington apricot 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 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. 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, as hereinafter set forth, will tend to effectuate the declared policy of the Act. Pursuant to 5 U.S.C. 553, it is also found and determined upon good cause that it is impracticable, unnecessary, and contrary to the public interest to give preliminary notice prior to putting this rule into effect, and that good cause exists for not postponing the effective date of this rule until 30 days after publication in the **Federal Register** because:
(1)This action decreases the assessment rate for assessable apricots beginning with the 2017-2018 fiscal period;
(2)handlers are aware of this action which was unanimously recommended by the Committee at a public meeting and is similar to other assessment rate actions issued in past years; and
(3)this interim rule provides a 60-day comment period, and all comments timely received will be considered prior to finalization of this rule. List of Subjects in 7 CFR Part 922 Apricots, Marketing agreements, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 922 is amended as follows: PART 922—APRICOTS GROWN IN DESIGNATED COUNTIES IN WASHINGTON 1. The authority citation for part 922 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. Section 922.235 is revised to read as follows: § 922.235 Assessment rate. On and after April 1, 2017, an assessment rate of $1.00 per ton is established for Washington apricots handled in the production area. Dated: September 11, 2017. Bruce Summers, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2017-19553 Filed 9-14-17; 8:45 am]
Connectionstraces to 4
3 references not yet in our index
  • 7 CFR 922
  • 7 USC 601-674
  • 5 USC 601-612
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Unknown
Interim rule with request for comments
Cite7 CFR 922
Cite7 USC 601-674
Cite5 USC 601-612
Cites 7Cited by 0 across 0 sources
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

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