Unknown. Interim rule with request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2017-10-24.xml --- 82 204 Tuesday, October 24, 2017 Contents Agency Agency for International Development NOTICES Meetings: Arts Advisory Panel, 49172-49173 2017-23018 Agricultural Marketing Agricultural Marketing Service RULES Decreased Assessment Rates: Pistachios Grown in California, Arizona, and New Mexico, 49087-49089 2017-22711 Agriculture Agriculture Department See Agricultural Marketing Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 49173-49174 2017-22990 2017-22991 Census Bureau Census Bureau NOTICES Annual Business Survey, 49175-49176 2017-23041 Civil Rights Civil Rights Commission NOTICES Meetings: Montana Advisory Committee, 49174-49175 2017-23037 Coast Guard Coast Guard RULES Drawbridge Operations: Reynolds Channel, Lawrence, NY, 49104-49106 2017-23053 Regulated Navigation Areas: Beals Island Bridge Replacement, Moosabec Reach, Jonesport, ME, 49106-49110 2017-23049 Safety Zones:

Mamala Bay, Oahu, HI, 49110-49113 2017-22992 PROPOSED RULES Drawbridge Operations: Isthmus Slough, Coos Bay, OR, 49153-49155 2017-23052 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 49216-49219 2017-22997 2017-22998 2017-22999 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration NOTICES Performance Review Board Membership, 49176 2017-22946 Comptroller Comptroller of the Currency RULES Financial Institutions Reform, Recovery, and Enforcement Act Appraisal Requirements:

Areas Affected by Severe Storms and Flooding Related to Hurricanes Harvey, Irma, and Maria, 49089-49091 2017-22957 Defense Acquisition Defense Acquisition Regulations System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 49187-49188 2017-22964 Defense Department Defense Department See Defense Acquisition Regulations System See Engineers Corps See Navy Department NOTICES Arms Sales, 49188-49200 2017-22965 2017-22968 2017-22971 2017-22980 2017-22984 Requests for Information:

Advisory Panel on Streamlining and Codifying Acquisition Regulations, 49200 2017-22987 Education Department Education Department RULES Student Assistance General Provisions, Federal Perkins Loan Program, Federal Family Education Loan Program, William D. Ford Federal Direct Loan Program, and Teacher Education Assistance for College and Higher Education Grant Program, 49114-49121 2017-22851 PROPOSED RULES Student Assistance General Provisions, Federal Perkins Loan Program, Federal Family Education Loan Program, William D.

Ford Federal Direct Loan Program, and Teacher Education Assistance for College and Higher Education Grant Program, 49155-49160 2017-22850 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Applications to Export Liquefied Natural Gas: Fourchon LNG, LLC, 49201-49203 2017-23017 Engineers Engineers Corps RULES Danger Zones and Restricted Areas: East Pearl River, within the Acoustic Buffer Area of the John C. Stennis Space Center, and Adjacent to Lands, in Hancock County, MS, 49113-49114 2017-23004 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Pennsylvania; Pennsylvania's Adoption of Control Techniques Guidelines for Automobile and Light-Duty Truck Assembly Coatings, 49128-49132 2017-22942 National Emission Standards for Hazardous Air Pollutants for Wool Fiberglass Manufacturing; Flame Attenuation Lines, 49132 2017-23054 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Pennsylvania; Pennsylvania's Adoption of Control Techniques Guidelines for Automobile and Light-Duty Truck Assembly Coatings, 49166-49167 2017-22943 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Airbus Airplanes, 49091-49094 2017-22949 Sikorsky Aircraft Corporation Helicopters, 49095-49097 2017-22951 PROPOSED RULES Airworthiness Directives: Airbus Airplanes, 49146-49149 2017-23014 British Aerospace Regional Aircraft Airplanes, 49144-49146 2017-22708 Dassault Aviation Airplanes, 49149-49153 2017-23006 2017-23008 NOTICES Petitions for Exemption; Summaries: Bombardier Aerospace, 49258 2017-23059 Federal Deposit Federal Deposit Insurance Corporation RULES Financial Institutions Reform, Recovery, and Enforcement Act Appraisal Requirements:

Areas Affected by Severe Storms and Flooding Related to Hurricanes Harvey, Irma, and Maria, 49089-49091 2017-22957 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Fire Academy Long-Term Evaluation Form for Supervisors and National Fire Academy Long-Term Evaluation Form for Students/Trainees, 49225-49226 2017-23064 National Flood Insurance Program—Mortgage Portfolio Protection Program, 49222-49223 2017-23063 Emergency and Related Determinations:

Alabama, 49221 2017-23075 Mississippi, 49223-49224 2017-23077 Emergency Declarations: Florida; Amendment No. 1, 49221-49222 2017-23081 Mississippi; Amendment No. 1, 49223 2017-23080 Seminole Tribe of Florida; Amendment No. 2, 49221 2017-23079 Major Disaster and Related Determinations: Idaho, 49220 2017-23073 Major Disaster Declarations: California; Amendment No. 1, 49224 2017-23069 California; Amendment No. 2, 49223 2017-23070 California; Amendment No. 3, 49220 2017-23065 California;

Amendment No. 4, 49224-49225 2017-23071 Georgia; Amendment No. 1, 49225 2017-23068 Idaho; Amendment No. 1, 49219-49220 2017-23066 Seminole Tribe of Florida; Amendment No. 1, 49224 2017-23072 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 49203-49204, 49206 2017-22977 2017-22979 2017-22985 Complaints: Indicated SPP Transmission Owners v. Southwest Power Pool, Inc., 49204-49205 2017-22986 Meetings: Electric Quarterly Report User Group, 49203-49204 2017-22976 Records Governing Off-the-Record Communications, 49205-49206 2017-22978 Federal Highway Federal Highway Administration NOTICES Proposed Memorandum of Understanding Assigning Certain Federal Environmental Responsibilities to the State of Arizona, Including National Environmental Policy Act Authority for Certain Categorical Exclusions, 49258-49260 2017-23011 Federal Maritime Federal Maritime Commission NOTICES Complaints:

Fiat Chrysler Automobiles NV, FCA US, LLC and FCA Italy S.P.A. v. Wallenius Wilhelmsen Logistics as, Wallenius Wilhelmsen Logistics Americas, LLC, et al., 49206 2017-22969 Federal Reserve Federal Reserve System RULES Financial Institutions Reform, Recovery, and Enforcement Act Appraisal Requirements: Areas Affected by Severe Storms and Flooding Related to Hurricanes Harvey, Irma, and Maria, 49089-49091 2017-22957 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 49206-49208 2017-22996 2017-23003 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 49208-49209 2017-22963 Food and Drug Food and Drug Administration RULES Medical Devices:

Immunology and Microbiology Devices; Classification of the Device To Detect and Measure Non-Microbial Analyte(s) in Human Clinical Specimens To Aid in Assessment of Patients With Suspected Sepsis, 49098-49100 2017-22994 Immunology and Microbiology Devices; Classification of the Mass Spectrometer System for Clinical Use for the Identification of Microorganisms, 49100-49102 2017-23022 Immunology and Microbiology Devices; Classification of the Zinc Transporter 8 Autoantibody Immunological Test System, 49102-49104 2017-22995 NOTICES Abbreviated New Drug Applications;

Approval Withdrawals: Watson Laboratories, Inc., and Barr Laboratories, Inc., Subsidiaries of Teva Pharmaceuticals USA, Inc, 49214-49215 2017-23046 Debarment Orders: Trand Doan Nguyen, 49211-49214 2017-23019 Electronic Study Data Submission; Data Standards: Support for Version Update of World Health Organization Drug Global, 49210-49211 2017-23029 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activities: Plantronics, Inc.; Foreign-Trade Zone 153; San Diego, CA, 49178 2017-23025 Vision Technologies Marine, Inc., Foreign-Trade Zone 92, Harrison County, MS, 49177 2017-23024 Volkswagen Group of America, Foreign-Trade Zone 134, Chattanooga, TN, 49177-49178 2017-23023 General Services General Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Information Specific to a Contract or Contracting Action (Not Required by Regulation), 49209-49210 2017-23027 Health and Human Health and Human Services Department See Food and Drug Administration See National Institutes of Health Historic Historic Preservation, Advisory Council NOTICES Meetings: Quarterly Business Meeting, 49216 2017-23000 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S.

Customs and Border Protection Housing Housing and Urban Development Department NOTICES Requests for Information: Drafting a New Federal Strategy to Reduce Childhood Lead Exposures and Impacts, 49226-49228 2017-23039 Interior Interior Department See Land Management Bureau Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 49265-49268 2017-23076 2017-23078 2017-23083 2017-23084 2017-23087 Meetings: Taxpayer Advocacy Panel Taxpayer Assistance Center Improvements Project Committee, 49268 2017-23074 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Welded Carbon Steel Standard Pipe and Tube Products from Turkey, 49179-49181 2017-23020 Determinations in Less-Than-Fair-Value Investigations: Fine Denier Polyester Staple Fiber from the People's Republic of China, India, the Republic of Korea, and Taiwan, 49178-49179 2017-23021 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Fresh Garlic from China, 49230 2017-23040 Large Power Transformers from Korea, 49229-49230 2017-22988 Land Land Management Bureau NOTICES Meetings:

North Slope Science Initiative—Science Technical Advisory Panel, AK, 49229 2017-23047 Public Land Orders: Alaska; Partial Revocation, 49228-49229 2017-22947 NASA National Aeronautics and Space Administration NOTICES Meetings: National Space-Based Positioning, Navigation, and Timing Advisory Board, 49230 2017-22989 National Credit National Credit Union Administration RULES Financial Institutions Reform, Recovery, and Enforcement Act Appraisal Requirements: Areas Affected by Severe Storms and Flooding Related to Hurricanes Harvey, Irma, and Maria, 49089-49091 2017-22957 National Endowment for the Arts National Endowment for the Arts NOTICES Meetings:

Arts Advisory Panel, 49230-49231 2017-23016 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Arts National Highway National Highway Traffic Safety Administration RULES List of Nonconforming Vehicles Decided to be Eligible for Importation, 49132-49142 2017-22692 NOTICES Petitions for Decisions of Inconsequential Noncompliance; Approvals: Reflex and Allen USA, 49263-49265 2017-22993 Tentative Decision That Certain Canadian-Certified Vehicles Are Eligible for Importation, 49260-49263 2017-22693 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 49215-49216 2017-22966 National Institute of Allergy and Infectious Diseases, 49215 2017-22967 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Snapper-Grouper Fishery of the South Atlantic; Re-opening of the Commercial Sector for Blueline Tilefish, 49142-49143 2017-23026 Pacific Island Pelagic Fisheries: 2017 U.S. Territorial Longline Bigeye Tuna Catch Limits for the Commonwealth of the Northern Mariana Islands, 49143 2017-23028 PROPOSED RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic:

Snapper-Grouper Fishery of the South Atlantic Region; Amendment 41, 49167-49171 2017-23002 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 49181-49182, 49185 2017-23057 2017-23058 Agency Information Collection Activities; Proposals, Submissions, and Approvals: West Coast Groundfish Trawl Economic Data Collection, 49186-49187 2017-23056 West Coast Region U.S. Pacific Highly Migratory Species Hook and Line Logbook, 49182 2017-23055 Meetings:

Fisheries of the Gulf of Mexico; Southeast Data, Assessment, and Review, 49185-49186 2017-23035 Mid-Atlantic Fishery Management Council, 49184 2017-23033 New England Fishery Management Council, 49184-49185 2017-23036 Pacific Fishery Management Council, 49182-49184 2017-23034 National Science National Science Foundation NOTICES Antarctic Conservation Act Permits, 49231-49232 2017-22981 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings:

Commerce Spectrum Management Advisory Committee, 49187 2017-23051 Navy Navy Department NOTICES Exclusive Patent Licenses; Approvals: Taoglas USA, Inc., 49201 2017-23009 Performance Review Board Membership, 49200-49201 2017-23012 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Charter Establishments: Atomic Safety and Licensing Board, 49233 2017-22975 Facility Operating and Combined Licenses: Applications and Amendments Involving No Significant Hazards Considerations;

Biweekly Notice, 49234-49247 2017-22680 Managing Aging Processes in Storage Report, 49233-49234 2017-22983 Meetings; Sunshine Act, 49247 2017-23096 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 49247-49248 2017-22952 2017-23060 Postal Service Postal Service RULES Address Quality Census Measurement and Assessment Process, 49123-49128 2017-22962 PROPOSED RULES International Mailing Services: Proposed Product and Price Changes—CPI, 49160-49166 2017-22749 NOTICES Product Changes:

Parcel Select Negotiated Service Agreement, 49248-49249 2017-22982 Presidential Documents Presidential Documents EXECUTIVE ORDERS Executive Order 13223; Amendment (EO 13814), 49271-49274 2017-23270 Securities Securities and Exchange Commission NOTICES Applications: Stephens Inc., 49255-49257 2017-22955 Joint Industry Plans: Chicago Board Options Exchange, Inc., BATS Exchange, Inc., Box Options Exchange, LLC, C2 Options Exchange, Inc., et al., 49249-49252 2017-22972 Meetings; Sunshine Act, 49257 2017-23123 Self-Regulatory Organizations;

Proposed Rule Changes: Bats BZX Exchange, Inc., 49252-49253 2017-22974 NYSE Arca, Inc., 49253-49255 2017-22973 Selective Selective Service System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 49257-49258 2017-23010 Social Social Security Administration NOTICES Senior Executive Service Performance Review Board Membership, 49258 2017-22961 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service Customs U.S.

Customs and Border Protection NOTICES Revocation of Customs Brokers' Licenses, 49219 2017-23001 Veteran Affairs Veterans Affairs Department RULES Extension of the Presumptive Period for Compensation for Gulf War Veterans, 49121-49123 2017-22970 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Veterans Sports Programs and Special Events, 49269-49270 2017-23030 Requirements for Interest Rate Reduction Refinancing Loans, 49268-49269 2017-23032 Veterans Mortgage Life Insurance Inquiry, 49269 2017-23031 Separate Parts In This Issue Part II Presidential Documents, 49271-49274 2017-23270 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. 82 204 Tuesday, October 24, 2017 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 983 [Docket No. AMS-SC-17-0048; SC17-983-2 IR] Pistachios Grown in California, Arizona, and New Mexico; Decreased Assessment Rate AGENCY:

Agricultural Marketing Service, USDA. ACTION: Interim rule with request for comments. SUMMARY: This rule implements a recommendation from the Administrative Committee for Pistachios (Committee) for a decrease in the assessment rate established for the 2017-18 and subsequent production years from $0.0010 to $0.0001 per pound of assessed weight pistachios handled under the marketing order (order). The Committee locally administers the order and is comprised of producers and handlers of pistachios operating within the area of production, and a public member.

Assessments upon pistachio handlers are used by the Committee to fund reasonable and necessary expenses of the program. The production year begins September 1 and ends August 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. DATES: Effective October 24, 2017. Comments received by December 26, 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 docket 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 comments will be made public on the internet at the address provided above. FOR FURTHER INFORMATION CONTACT: Peter R. Sommers, Marketing Specialist, or Jeffrey Smutny, Regional Director, California Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone:

(559)487-5901, Fax:

(559)487-5906, or Email: *PeterR.Sommers@ams.usda.gov* or *Jeffrey.Smutny@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. 983, both as amended (7 CFR part 983), regulating the handling of pistachios grown in California, Arizona, and New Mexico, 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 12866 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 order now in effect, California, Arizona, and New Mexico pistachio 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 pistachios beginning September 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 for the Committee for the 2017-18 and subsequent production years from $0.0010 to $0.0001 per pound of assessed weight pistachios. 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 producers and handlers of California, Arizona, and New Mexico pistachios. The Committee also has a public member and an alternate public member who have no proprietary involvement with the industry. The producers and handlers 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 2016-17 and subsequent production years, the Committee recommended, and USDA approved, an assessment rate that would continue in effect from production year to production year 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 July 10, 2017, and unanimously recommended 2017-18 expenditures of $672,900, and met again on August 1, 2017, to deliberate and recommend the 2017-18 assessment rate. At that time, the Committee recommended an assessment rate of $0.0001 per pound of assessed weight pistachios by majority vote. In comparison, last year's budgeted expenditures were $922,500, and the assessment rate was $0.0010 per pound of pistachios. The assessment rate of $0.0001 is $0.0009 lower than the rate currently in effect. The major expenditures recommended by the Committee for the 2017-18 production year include $351,000 for salaries and benefits, $125,000 for research, and $80,400 for general and administrative expenses. Budgeted expenses for these items in the 2016-17 production year were $351,000, $375,000, and $80,000, respectively. The assessment rate recommended by the Committee was derived by dividing anticipated expenses by expected shipments of California, Arizona, and New Mexico pistachios. Pistachio shipments for the production year are estimated at 550 million pounds which should provide $55,000 in assessment income. Income derived from handler assessments, along with interest income, California Pistachio Research Board

(CPRB)management income, and funds from the Committee's authorized reserve, will be adequate to cover budgeted expenses. Funds in the reserve will be kept within the maximum limit permitted by the order, which is approximately two production years' budgeted expenses as stated in § 983.74(a)(2). 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 production 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 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 2017-18 production year budget and those for subsequent production years will 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 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 18 handlers subject to regulation under the order and approximately 1,236 producers of pistachios in the production area. The Small Business Administration defines small agricultural service firms as those whose annual receipts are less than $7,500,000 and small agricultural producers as those having annual receipts less than $750,000 (13 CFR 121.201). Based on Committee data, it is estimated that about 50 percent of the handlers annually ship less than $7,500,000 worth of pistachios. Nine of the 18 (50 percent) regulated handlers received enough pistachios at an average price of $2.50 per pound to be considered large handlers, leaving the percentage of small handlers at 50 percent. The National Agricultural Statistics Service

(NASS)2012 data on pistachio farm size indicates that there were 1,305 pistachio farms, of which 945, or 72 percent, were less than 100 acres. NASS 2016 annual production data indicates that the per-acre production of pistachios was 3,750 pounds. At an average value of $1.68 per pound, each acre of pistachios could return $6,300. In order for a producer to have $750,000 in annual receipts, the producer would have to have at least 119 acres. Thus, the majority of handlers and producers in the production area may be classified as small entities. This rule decreases the assessment rate established for the Committee and collected from handlers for the 2017-18 and subsequent production years from $0.0010 to $0.0001 per pound of pistachios handled. The Committee unanimously recommended 2017-18 expenditures of $672,900, and recommended an assessment rate of $0.0001 per pound of assessed weight pistachios, by majority vote. The new assessment rate is $0.0009 lower than the rate currently in effect. The quantity of assessable pistachios for the 2017-18 production year is estimated at 550 million pounds. Thus, the $0.0001 rate should provide $55,000 in assessment income. Income derived from handler's assessments, along with interest income, CPRB management income, and funds from the Committee's authorized reserve, will be adequate to cover expenses for the 2017-18 production year. The major expenditures recommended by the Committee for the 2017-18 production year include $351,000 for salaries and benefits, $125,000 for research, and $80,400 for general and administrative expenses. Budgeted expenses for these items in the 2016-17 production year were $351,000, $375,000, and $80,000, respectively. The assessment rate decrease is necessary to ensure the Committee's financial reserve remains within the limit specified under the order. In addition, the Committee had funded research pertaining to Sterile Insect Technology

(SIT)for Navel Orangeworm control during the 2016-2017 production year. Beginning with the 2017-18 production year, the CPRB will fully fund the SIT research, removing that financial burden from the committee. For this reason, the Committee recommended decreasing the assessment rate from $0.0010 to $0.0001, by majority vote. The income generated from the lower assessment rate combined with interest income, CPRB management income, and funds from the financial reserve should provide sufficient income to cover anticipated 2017-18 expenses and maintain the financial reserve within the limit specified under the order. Prior to arriving at this budget and assessment rate, the Committee considered information from various sources. Alternative expenditure levels were discussed, based upon the relative value of various activities to the pistachio industry. The Committee ultimately determined that the 2017-18 production year expenses of $672,900 were prudent, and the assessment income provided by the reduced rate, interest income, CPRB management income, and funds from the financial reserve, would permit the Committee to meet its expenses, while not adding to the financial reserve. According to data from NASS, the season average producer price was $3.29 per pound of assessed weight pistachios in 2015 and $1.68 per pound in 2016. A review of historical and preliminary information pertaining to the upcoming production year indicates that the producer revenue for the 2017-18 production year could range between $924,000,000 and $1,809,500,000. Therefore, the estimated assessment revenue for the 2017-18 production year as a percentage of total producer revenue could range between 0.00003 and 0.00006 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 producers. However, decreasing the assessment rate reduces the burden on handlers, and may reduce the burden on producers. Additionally, the Committee's meetings were widely publicized throughout the California, Arizona, and New Mexico pistachio industry, and all interested persons were invited to attend the meetings and encouraged to participate in Committee deliberations on all issues. Like all Committee meetings, the July 10, 2017, and August 1, 2017, meetings were public meetings 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. 0581-0215, “Vegetable and Specialty Crop Marketing Orders.” 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 California, Arizona, and New Mexico pistachio 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 that good cause exists for not postponing the effective date of this rule until 30 days after publication in the **Federal Register** because handlers are aware of this rule, which was recommended at a public meeting. This interim rule provides for a 60-day comment period, and all comments timely received will be considered prior to finalization of this rule. The decreased assessment rate is necessary to fund reasonable and necessary expenses of the program, while keeping the funds in the reserve within the maximum limit permitted by the order. Moreover, the decreased assessment rate reduces the economic burden on handlers. List of Subjects in 7 CFR Part 983 Marketing agreements, Pistachios, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 983 is amended as follows: PART 983—PISTACHIOS GROWN IN CALIFORNIA, ARIZONA, AND NEW MEXICO 1. The authority citation for 7 CFR part 983 continues to read as follows: Authority: 7 U.S.C. 601-674. §§ 983.1 through 983.92 [Designated as Subpart A] 2. Designate §§ 983.1 through 983.92 as subpart A and add a heading for subpart A to read as follows: Subpart A—Order Regulating Handling [Subpart Redesignated as Subpart B and Amended] 3. Redesignate “Subpart—Rules and Regulations” as subpart B and revise the heading to read as follows: Subpart B—Administrative Requirements [Subpart Redesignated as Subpart C] 4. Redesignate “Subpart—Assessment Rate” as subpart C. 5. Section 983.253 is revised to read as follows: § 983.253 Assessment rate. On and after September 1, 2017, an assessment rate of $0.0001 per pound is established for California, Arizona, and New Mexico pistachios. Dated: October 16, 2017. Bruce Summers, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2017-22711 Filed 10-23-17; 8:45 am]

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