[Federal Register Volume 81, Number 13 (Thursday, January 21, 2016)]
[Rules and Regulations]
[Pages 3293-3294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01137]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 922

[Doc. No. AMS-FV-15-0033; FV15-922-1 FIR]


Apricots Grown in Designated Counties in Washington; Decreased 
Assessment Rate

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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SUMMARY: The Department of Agriculture is adopting, as a final rule, 
without change, an interim rule that implemented a recommendation from 
the Washington Apricot Marketing Committee (Committee) to decrease the 
assessment rate from $1.50 to $0.75 per ton of Washington apricots 
handled for the 2015-2016 and subsequent fiscal periods. The Committee 
locally administers the marketing order and is comprised of apricot 
producers and handlers operating within designated counties in 
Washington. The interim rule was necessary to allow the Committee to 
reduce its financial reserve while still providing adequate funding to 
meet program expenses.

DATES: Effective January 22, 2016.

FOR FURTHER INFORMATION CONTACT: Teresa Hutchinson, 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].
    Small businesses may obtain information on complying with this and 
other marketing order regulations by viewing a guide at the following 
Web site: http://www.ams.usda.gov/MarketingOrdersSmallBusinessGuide; or 
by contacting Antoinette Carter, Marketing Order and Agreement 
Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue 
SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491; 
Fax: (202) 720-8938; or Email: [email protected].

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing 
Agreement No. 132 and Order No. 922, as amended (7 CFR 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 12866, 13563, and 13175.
    Under the order, Washington apricot handlers are subject to 
assessments, which provide funds to administer the order. Assessment 
rates issued under the order are intended to be applicable to all 
assessable Washington apricots for the entire fiscal period, and 
continue indefinitely until amended, suspended, or terminated. The 
Committee's fiscal period begins on April 1 and ends on March 31.

[[Page 3294]]

    In an interim rule published in the Federal Register on August 19, 
2015, and effective on August 20, 2015, (80 FR 50189, Doc. No. AMS-FV-
15-0033, FV15-922-1 IR), Sec.  922.235 was amended by decreasing the 
assessment rate for the 2015-2016 and subsequent fiscal periods from 
$1.50 to $0.75 per ton. The decrease in the per ton assessment rate 
allows the Committee to reduce its financial reserve while still 
providing adequate funding to meet program expenses.

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 100 apricot producers in the production 
area and approximately 17 handlers subject to regulation under the 
marketing order. Small agricultural producers are defined by the Small 
Business Administration as those having annual receipts of less than 
$750,000, and small agricultural service firms are defined as those 
having annual receipts of less than $7,000,000 (13 CFR 121.201).
    The National Agricultural Statistics Service reported that, in 
2014, the Washington apricot total utilization of 8,500 tons (including 
both fresh and processed markets) sold for an average of $1,080 per 
ton. Consequently, the total farm-gate value in 2014 was approximately 
$9,180,000. Based on the number of producers in the production area 
(100), the 2014 average revenue from the sale of apricots is estimated 
at approximately $91,800 per producer. In addition, based on 
information from the USDA's Market News Service, 2014 f.o.b. prices for 
WA No. 1 apricots ranged from $20.00 to $26.00 per 24-pound loose-pack 
container, and from $22.00 to $30.00 for 2-layer tray-pack containers. 
Using average price and shipment information provided by the Committee, 
it is determined that each of the Washington apricot handlers currently 
ship less than $7,000,000 worth of apricots on an annual basis. In view 
of the foregoing, it can be concluded that the majority of Washington 
apricots producers and handlers may be classified as small entities.
    This rule continues in effect the action that decreased the 
assessment rate collected from handlers for the 2015-2016 and 
subsequent fiscal periods from $1.50 to $0.75 per ton of apricots 
handled. The Committee also unanimously recommended 2015-2016 fiscal 
period expenditures of $7,610. With a 2015 Washington apricot crop 
estimate of 5,800 fresh market tons, the Committee anticipates 
assessment income of approximately $4,350. Income derived from handler 
assessments, along with funds from the Committee's monetary reserve, 
will be adequate to cover budgeted expenses for the 2015-2016 fiscal 
period. This action will allow the Committee to reduce its financial 
reserve while still providing adequate funding to meet program 
expenses.
    This rule continues in effect the action that decreased the 
assessment obligation imposed on handlers. Assessments are applied 
uniformly on all handlers. However, decreasing the assessment rate 
reduces the burden on handlers, and may reduce the burden on producers.
    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 12, 
2015, 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 Office of Management and Budget (OMB) and 
assigned OMB No. 0581-0189. 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.
    USDA has not identified any relevant Federal rules that duplicate, 
overlap, or conflict with this rule.
    Comments on the interim rule were required to be received on or 
before October 19, 2015. No comments were received. Therefore, for 
reasons given in the interim rule, we are adopting the interim rule as 
a final rule, without change.
    To view the interim rule, go to: http://www.regulations.gov/#!documentDetail;D=AMS-FV-15-0033-0001.
    This action also affirms information contained in the interim rule 
concerning Executive Orders 12866, 12988, 13175, and 13563; the 
Paperwork Reduction Act (44 U.S.C. Chapter 35); and the E-Gov Act (44 
U.S.C. 101).
    After consideration of all relevant material presented, it is found 
that finalizing the interim rule, without change, as published in the 
Federal Register (80 FR 50189, August 19, 2015) will tend to effectuate 
the declared policy of the Act.

List of Subjects in 7 CFR Part 922

    Apricots, Marketing agreements, Reporting and recordkeeping 
requirements.

    Accordingly, the interim rule amending 7 CFR part 922, which was 
published at 80 FR 50189 on August 19, 2015, is adopted as a final rule 
without change.

    Dated: January 15, 2016.
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2016-01137 Filed 1-20-16; 8:45 am]
BILLING CODE 3410-02-P