Walnuts Grown in California; Decreased Assessment Rate, 8871-8872 [2011-3500]
Download as PDF
<![CDATA[
8871
Rules and Regulations
Federal Register
Vol. 76, No. 32
Wednesday, February 16, 2011
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.
AMS, USDA, 1400 Independence
Avenue, SW., STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or E-mail:
Antoinette.Carter@ams.usda.gov.
This rule
is issued under Marketing Order No.
984, as amended (7 CFR part 984),
regulating the handling of walnuts
grown in California, 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.’’
USDA is issuing this rule in
conformance with Executive Order
12866.
Under the order, California walnut
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 walnuts for the entire
marketing year, and continue until
amended, suspended, or terminated.
The marketing year begins on
September 1 and ends on August 31.
In an interim rule published in the
Federal Register on September 15, 2010,
and effective on September 16, 2010 (75
FR 55944, Doc. No. AMS–FV–10–0060;
FV 10–984–1 IR), § 984.347 was
amended by decreasing the assessment
rate established for the Board for the
2010–11 and subsequent marketing
years from $0.0177 to $0.0174 per
kernelweight pound of assessable
walnuts. The decrease in assessment
rate was possible due to an expected
increase in the quantity of assessable
walnuts in the 2010–2011 marketing
year.
SUPPLEMENTARY INFORMATION:
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 984
[Doc. No. AMS–FV–10–0060; FV10–984–1
FIR]
Walnuts Grown in California;
Decreased Assessment Rate
Agricultural Marketing Service,
USDA.
ACTION: Affirmation of interim rule as
final rule.
AGENCY:
The Department of
Agriculture (USDA) is adopting, as a
final rule, without change, an interim
rule that decreased the assessment rate
established for the California Walnut
Board (Board) for the 2010–11 and
subsequent marketing years from
$0.0177 to $0.0174 per kernelweight
pound of assessable walnuts. The Board
locally administers the marketing order
that regulates the handling of walnuts
grown in California. The assessment rate
will remain in effect indefinitely unless
modified, suspended, or terminated.
DATES: Effective Date: Effective February
17, 2011.
FOR FURTHER INFORMATION CONTACT: Jeff
Smutny, Marketing Specialist, or Kurt J.
Kimmel, Regional Manager, California
Marketing Field Office, Marketing Order
Administration Branch, Fruit and
Vegetable Programs, AMS, USDA;
Telephone: (559) 487–5901, Fax: (559)
487–5906, or E-mail:
Jeffrey.Smutny@ams.usda.gov or
Kurt.Kimmel@ams.usda.gov.
Small businesses may obtain
information on complying with this and
other marketing order regulations by
viewing a guide at the following Web
site: https://www.ams.usda.gov/
MarketingOrdersSmallBusinessGuide;
or by contacting Antoinette Carter,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
erowe on DSK5CLS3C1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
15:27 Feb 15, 2011
Jkt 223001
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
action 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
business 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
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
small entities acting on their own
behalf.
There are approximately 4,500
growers of California walnuts in the
production area and approximately 58
handlers subject to regulation under the
marketing order. Small agricultural
producers are defined by the Small
Business Administration (SBA) (13 CFR
121.201) as those having annual receipts
of less than $750,000. Small agricultural
service firms are defined as those whose
annual receipts are less than $7,000,000.
USDA’s National Agricultural
Statistics Service (NASS) reports that
the average yield for the 2009–10 crop
was 1.96 tons per acre and the value of
the 2009–10 crop was $1,690 per ton.
Approximately 90 percent of
California’s walnut farms are smaller
than 100 acres. A 100-acre farm with an
average yield would have produced
about 196 tons of walnuts during 2009–
10. At $1,690 per ton, that farm’s
production would have had an
approximate value of $331,240. Based
on these numbers, the majority of
growers had receipts of less than
$750,000. According to information
supplied by the industry, approximately
two-thirds of California’s walnut
handlers shipped merchantable walnuts
valued under $7,000,000 during the
2009–10 marketing year. Therefore, the
majority of California’s walnut growers
and handlers could be considered small
entities according to SBA’s definition.
This rule continues in effect the
action that decreased the assessment
rate established for the Board and
collected from handlers for the 2010–11
and subsequent marketing years from
$0.0177 to $0.0174 per kernelweight
pound of assessable walnuts. The Board
unanimously recommended 2010–11
expenditures of $6,812,100 and an
assessment rate of $0.0174 per
kernelweight pound of assessable
walnuts, which is $0.0003 lower than
the rate previously in effect. The
quantity of assessable walnuts for the
2010–11 marketing year is estimated at
391,500,000 kernelweight pounds.
Thus, the $0.0174 rate should provide
$6,812,100 in assessment income and be
adequate to cover budgeted expenses.
Major budget expenditures
recommended by the Board for the
2010–11 marketing year include:
$4,400,000 for domestic market
development, $1,042,000 for production
research, $577,500 for employee
E:\FR\FM\16FER1.SGM
16FER1
erowe on DSK5CLS3C1PROD with RULES
8872
Federal Register / Vol. 76, No. 32 / Wednesday, February 16, 2011 / Rules and Regulations
expenses, and $118,850 for office
expenses. Budgeted expenses for these
items in 2009–2010 were $4,030,500,
$725,000, $535,000, and $123,750,
respectively.
The Board recommended decreasing
the assessment rate due to an expected
increase in the quantity of assessable
walnuts in the 2010–11 marketing year.
Prior to arriving at this budget, the
Board considered alternative
expenditure levels but ultimately
decided that the recommended levels
were reasonable to properly administer
the order. The assessment rate of
$0.0174 per kernelweight pound of
assessable walnuts was derived by
dividing anticipated expenses of
$6,812,100 by expected 2010–11
shipments of California walnuts.
Merchantable shipments for the year are
estimated at 391,500,000 kernelweight
pounds, which should provide
$6,812,100 in assessment income and
allow the Board to cover its expenses.
Unexpended funds may be retained in
a financial reserve, provided that funds
in the financial reserve do not exceed
approximately two years’ budgeted
expenses. If not retained in a financial
reserve, unexpended funds may be used
temporarily to defray expenses of the
subsequent marketing year, but must be
made available to the handlers from
whom they were collected within five
months after the end of the year,
according to § 984.69 of the order.
A review of historical information and
preliminary information pertaining to
the upcoming crop year indicates that
the grower price for the 2010–2011
season could range between $1.42 and
$1.88 per kernelweight pound of
assessable walnuts. Therefore, the
estimated assessment revenue for the
2010–2011 season as a percentage of
total grower revenue could range
between 0.9 and 1.2 percent.
This rule continues in effect the
action that decreased the assessment
obligation imposed on handlers.
Assessments are applied uniformly on
all handlers, and some of the cost
savings may be passed on to growers.
The Board’s meeting was widely
publicized throughout the California
walnut industry, and all interested
persons were invited to attend the
meeting and participate in Board
deliberations on all issues. Like all
Board meetings, the June 11, 2010,
meeting was a public meeting, and all
entities, both large and small, were able
to express their views on this issue.
This rule imposes no additional
reporting or recordkeeping requirements
on either small or large California
walnut handlers. As with all Federal
marketing order programs, reports and
VerDate Mar<15>2010
15:27 Feb 15, 2011
Jkt 223001
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
November 15, 2010. No comments were
received. Therefore, for the 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 https://www.regulations.gov/
search/Regs/home.html#
documentDetail?R=0900006480b4f686.
This action also affirms information
contained in the interim rule concerning
the Executive Orders 12866 and 12988,
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 (75 FR 55944, September 15,
2010) will tend to effectuate the
declared policy of the Act.
AGENCY:
is amending its regulations that govern
licensing requirements for the
independent storage of spent nuclear
fuel. These amendments include
changes that enhance the effectiveness
and efficiency of the licensing process
for spent nuclear fuel storage.
Specifically, they extend and clarify the
term limits for storage cask Certificates
of Compliance (CoCs) and independent
spent fuel storage installation (ISFSI)
specific licenses. The amendments also
provide consistency between the general
and specific ISFSI license requirements,
and allow general licensees subject to
these regulations to implement changes
authorized by an amended CoC to a cask
loaded under the initial CoC or an
earlier amended CoC (a ‘‘previously
loaded cask’’).
DATES: Effective Date: This final rule is
effective on May 17, 2011.
ADDRESSES: You can access publicly
available documents related to this
document using the following methods:
Federal rulemaking Web site: Go to
https://www.regulations.gov and search
for documents filed under Docket ID
NRC–2008–0361. Address questions
about NRC dockets to Carol Gallagher at
301–492–3668; e-mail:
Carol.Gallagher@nrc.gov.
NRC’s Public Document Room (PDR):
The public may examine and have
copied for a fee publicly available
documents at the NRC’s PDR, Room O1–
F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland
20852.
NRC’s Agencywide Documents Access
and Management System (ADAMS):
Publicly available documents created or
received at the NRC are available
electronically at the NRC’s Electronic
Reading Room at https://www.nrc.gov/
reading-rm/adams.html. From this page,
the public can gain entry into ADAMS,
which provides text and image files of
NRC’s public documents. If you do not
have access to ADAMS or if there are
problems in accessing the documents
located in ADAMS, contact the NRC’s
PDR reference staff at 1–899–397–4209,
301–415–4737, or by e-mail to
pdr.resource@nrc.gov.
FOR FURTHER INFORMATION CONTACT:
Keith McDaniel, Office of Federal and
State Materials and Environmental
Management Programs, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone: 301–415–
5252, e-mail: Keith.McDaniel@nrc.gov.
SUPPLEMENTARY INFORMATION:
The U.S. Nuclear Regulatory
Commission (NRC or the Commission)
I. Background
II. Discussion
A. What action is the NRC taking, and
why?
B. Whom does this action affect?
List of Subjects in 7 CFR Part 984
Marketing agreements, Nuts,
Reporting and recordkeeping
requirements, Walnuts.
PART 984—WALNUTS GROWN IN
CALIFORNIA
Accordingly, the interim rule
amending 7 CFR part 984, which was
published at 75 FR 55944 on September
15, 2010, is adopted as a final rule,
without change.
Dated: February 10, 2011.
Rayne Pegg,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2011–3500 Filed 2–15–11; 8:45 am]
BILLING CODE 3410–02–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
RIN 3150–AI09
[NRC–2008–0361]
License and Certificate of Compliance
Terms
Nuclear Regulatory
Commission.
ACTION: Final rule.
SUMMARY:
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
E:\FR\FM\16FER1.SGM
16FER1
]]>Agencies
[Federal Register Volume 76, Number 32 (Wednesday, February 16, 2011)]
[Rules and Regulations]
[Pages 8871-8872]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3500]
========================================================================
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.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 76, No. 32 / Wednesday, February 16, 2011 /
Rules and Regulations
[[Page 8871]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 984
[Doc. No. AMS-FV-10-0060; FV10-984-1 FIR]
Walnuts Grown in California; Decreased Assessment Rate
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Affirmation of interim rule as final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Agriculture (USDA) is adopting, as a final
rule, without change, an interim rule that decreased the assessment
rate established for the California Walnut Board (Board) for the 2010-
11 and subsequent marketing years from $0.0177 to $0.0174 per
kernelweight pound of assessable walnuts. The Board locally administers
the marketing order that regulates the handling of walnuts grown in
California. The assessment rate will remain in effect indefinitely
unless modified, suspended, or terminated.
DATES: Effective Date: Effective February 17, 2011.
FOR FURTHER INFORMATION CONTACT: Jeff Smutny, Marketing Specialist, or
Kurt J. Kimmel, Regional Manager, California Marketing Field Office,
Marketing Order Administration Branch, Fruit and Vegetable Programs,
AMS, USDA; Telephone: (559) 487-5901, Fax: (559) 487-5906, or E-mail:
Jeffrey.Smutny@ams.usda.gov or Kurt.Kimmel@ams.usda.gov.
Small businesses may obtain information on complying with this and
other marketing order regulations by viewing a guide at the following
Web site: https://www.ams.usda.gov/MarketingOrdersSmallBusinessGuide; or
by contacting Antoinette Carter, Marketing Order Administration Branch,
Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW.,
STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax:
(202) 720-8938, or E-mail: Antoinette.Carter@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Order
No. 984, as amended (7 CFR part 984), regulating the handling of
walnuts grown in California, 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.''
USDA is issuing this rule in conformance with Executive Order
12866.
Under the order, California walnut 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 walnuts for the entire marketing year, and continue until
amended, suspended, or terminated. The marketing year begins on
September 1 and ends on August 31.
In an interim rule published in the Federal Register on September
15, 2010, and effective on September 16, 2010 (75 FR 55944, Doc. No.
AMS-FV-10-0060; FV 10-984-1 IR), Sec. 984.347 was amended by
decreasing the assessment rate established for the Board for the 2010-
11 and subsequent marketing years from $0.0177 to $0.0174 per
kernelweight pound of assessable walnuts. The decrease in assessment
rate was possible due to an expected increase in the quantity of
assessable walnuts in the 2010-2011 marketing year.
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 action 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
business 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 4,500 growers of California walnuts in the
production area and approximately 58 handlers subject to regulation
under the marketing order. Small agricultural producers are defined by
the Small Business Administration (SBA) (13 CFR 121.201) as those
having annual receipts of less than $750,000. Small agricultural
service firms are defined as those whose annual receipts are less than
$7,000,000.
USDA's National Agricultural Statistics Service (NASS) reports that
the average yield for the 2009-10 crop was 1.96 tons per acre and the
value of the 2009-10 crop was $1,690 per ton. Approximately 90 percent
of California's walnut farms are smaller than 100 acres. A 100-acre
farm with an average yield would have produced about 196 tons of
walnuts during 2009-10. At $1,690 per ton, that farm's production would
have had an approximate value of $331,240. Based on these numbers, the
majority of growers had receipts of less than $750,000. According to
information supplied by the industry, approximately two-thirds of
California's walnut handlers shipped merchantable walnuts valued under
$7,000,000 during the 2009-10 marketing year. Therefore, the majority
of California's walnut growers and handlers could be considered small
entities according to SBA's definition.
This rule continues in effect the action that decreased the
assessment rate established for the Board and collected from handlers
for the 2010-11 and subsequent marketing years from $0.0177 to $0.0174
per kernelweight pound of assessable walnuts. The Board unanimously
recommended 2010-11 expenditures of $6,812,100 and an assessment rate
of $0.0174 per kernelweight pound of assessable walnuts, which is
$0.0003 lower than the rate previously in effect. The quantity of
assessable walnuts for the 2010-11 marketing year is estimated at
391,500,000 kernelweight pounds. Thus, the $0.0174 rate should provide
$6,812,100 in assessment income and be adequate to cover budgeted
expenses.
Major budget expenditures recommended by the Board for the 2010-11
marketing year include: $4,400,000 for domestic market development,
$1,042,000 for production research, $577,500 for employee
[[Page 8872]]
expenses, and $118,850 for office expenses. Budgeted expenses for these
items in 2009-2010 were $4,030,500, $725,000, $535,000, and $123,750,
respectively.
The Board recommended decreasing the assessment rate due to an
expected increase in the quantity of assessable walnuts in the 2010-11
marketing year.
Prior to arriving at this budget, the Board considered alternative
expenditure levels but ultimately decided that the recommended levels
were reasonable to properly administer the order. The assessment rate
of $0.0174 per kernelweight pound of assessable walnuts was derived by
dividing anticipated expenses of $6,812,100 by expected 2010-11
shipments of California walnuts. Merchantable shipments for the year
are estimated at 391,500,000 kernelweight pounds, which should provide
$6,812,100 in assessment income and allow the Board to cover its
expenses.
Unexpended funds may be retained in a financial reserve, provided
that funds in the financial reserve do not exceed approximately two
years' budgeted expenses. If not retained in a financial reserve,
unexpended funds may be used temporarily to defray expenses of the
subsequent marketing year, but must be made available to the handlers
from whom they were collected within five months after the end of the
year, according to Sec. 984.69 of the order.
A review of historical information and preliminary information
pertaining to the upcoming crop year indicates that the grower price
for the 2010-2011 season could range between $1.42 and $1.88 per
kernelweight pound of assessable walnuts. Therefore, the estimated
assessment revenue for the 2010-2011 season as a percentage of total
grower revenue could range between 0.9 and 1.2 percent.
This rule continues in effect the action that decreased the
assessment obligation imposed on handlers. Assessments are applied
uniformly on all handlers, and some of the cost savings may be passed
on to growers. The Board's meeting was widely publicized throughout the
California walnut industry, and all interested persons were invited to
attend the meeting and participate in Board deliberations on all
issues. Like all Board meetings, the June 11, 2010, meeting was a
public meeting, and all entities, both large and small, were able to
express their views on this issue.
This rule imposes no additional reporting or recordkeeping
requirements on either small or large California walnut 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 November 15, 2010. No comments were received. Therefore, for the
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 https://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480b4f686.
This action also affirms information contained in the interim rule
concerning the Executive Orders 12866 and 12988, 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 (75 FR 55944, September 15, 2010) will tend to
effectuate the declared policy of the Act.
List of Subjects in 7 CFR Part 984
Marketing agreements, Nuts, Reporting and recordkeeping
requirements, Walnuts.
PART 984--WALNUTS GROWN IN CALIFORNIA
Accordingly, the interim rule amending 7 CFR part 984, which was
published at 75 FR 55944 on September 15, 2010, is adopted as a final
rule, without change.
Dated: February 10, 2011.
Rayne Pegg,
Administrator, Agricultural Marketing Service.
[FR Doc. 2011-3500 Filed 2-15-11; 8:45 am]
BILLING CODE 3410-02-P
