Pears Grown in Oregon and Washington; Assessment Rate Decrease for Processed Pears, 21624-21625 [2012-8638]
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Federal Register / Vol. 77, No. 70 / Wednesday, April 11, 2012 / Rules and Regulations
remain unchanged at $0.366 and $0.00,
respectively. The Committee
recommended the assessment rate
decrease because the fresh winter pear
promotion budget for the 2011–2012
fiscal period was reduced.
The quantity of assessable fresh
winter pears for the 2011–2012 fiscal
period is estimated at 15,500,000
standard boxes or equivalent. Thus, the
$0.471 rate should provide $7,300,500
in assessment income. In addition,
income derived from summer/fall fresh
pear handler assessments, interest, and
miscellaneous income will be adequate
to cover the budgeted expenses.
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 costs may
be passed on to producers. However,
decreasing the assessment rate reduces
the burden on handlers, and may reduce
the burden on producers.
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, Generic
Fruit Crops. No changes in those
requirements as a result of this action
are anticipated. 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 OregonWashington fresh pear handlers. As
with all Federal marketing order
programs, reports and forms are
periodically reviewed to reduce
information requirements and
duplication by industry and public
sector agencies. USDA has not
identified any relevant Federal rules
that duplicate, overlap, or conflict with
this rule.
In addition, the Committee’s meeting
was widely publicized throughout the
Oregon-Washington pear industry and
all interested persons were invited to
attend the meeting and participate in
Committee deliberations on all issues.
Like all Committee meetings, the June 3,
2011, meeting was a public meeting and
all entities, both large and small, were
able to express views on this issue.
Comments on the interim rule were
required to be received on or before
October 31, 2011. 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:
https://www.regulations.gov/
VerDate Mar<15>2010
14:48 Apr 10, 2012
Jkt 226001
#!documentDetail;D=AMS-FV-11-00600001.
This action also affirms information
contained in the interim rule concerning
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 (76 FR 54075, August 31, 2011)
will tend to effectuate the declared
policy of the Act.
List of Subjects in 7 CFR Part 927
Marketing agreements, Pears,
Reporting and recordkeeping
requirements.
PART 927—PEARS GROWN IN
OREGON AND WASHINGTON
Accordingly, the interim rule
amending 7 CFR part 927, which was
published at 76 FR 54075 on August 31,
2011, is adopted as a final rule, without
change.
■
Dated: April 5, 2012.
David R. Shipman,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 2012–8676 Filed 4–10–12; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 927
[Doc. No. AMS–FV–11–0070 FV11–927–3
FIR]
Pears Grown in Oregon and
Washington; Assessment Rate
Decrease for Processed Pears
Agricultural Marketing Service,
USDA.
ACTION: Affirmation of interim rule as a
final rule.
AGENCY:
The Department of
Agriculture is adopting, as a final rule,
without change, an interim rule that
decreased the assessment rate
established for the Processed Pear
Committee (Committee) for the 2011–
2012 and subsequent fiscal periods from
$8.41 to $7.73 per ton of summer/fall
processed pears handled. The
Committee locally administers the
marketing order which regulates the
handling of processed pears grown in
Oregon and Washington. The
Committee recommended the
assessment rate decrease because the
SUMMARY:
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
summer/fall processed pear promotion
budget for the 2011–2012 fiscal period
was reduced.
DATES: Effective April 12, 2012.
FOR FURTHER INFORMATION CONTACT:
Teresa Hutchinson or Gary Olson,
Northwest Marketing Field Office,
Marketing Order and Agreement
Division, Fruit and Vegetable Programs,
AMS, USDA; Telephone: (503) 326–
2724, Fax: (503) 326–7440, or Email:
Teresa.Hutchinson@ams.usda.gov or
GaryD.Olson@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 Laurel May, Marketing
Order and Agreement Division, 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 Email:
Laurel.May@ams.usda.gov.
This rule
is issued under Marketing Order No.
927, as amended (7 CFR part 927),
regulating the handling of pears grown
in Oregon and Washington, 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 Order
12866.
Under the order, Oregon-Washington
processed pear 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 processed
pears for the entire fiscal period, and
continue indefinitely until amended,
suspended, or terminated. The
Committee’s fiscal period begins on July
1, and ends on June 30.
In an interim rule published in the
Federal Register on August 30, 2011,
and effective on August 31, 2011, (76 FR
53811, Doc. No. AMS–FV–11–0070,
FV11–927–3 IR), § 927.237 was
amended by decreasing the assessment
rate established for the Committee for
the 2011–2012 and subsequent fiscal
periods from $8.41 to $7.73 per ton for
summer/fall processed pears handled.
The Committee recommended the
assessment rate decrease because the
summer/fall processed pear promotion
budget for the 2011–2012 fiscal period
was reduced.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\11APR1.SGM
11APR1
Federal Register / Vol. 77, No. 70 / Wednesday, April 11, 2012 / Rules and Regulations
wreier-aviles on DSK5TPTVN1PROD with RULES
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
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 1,500
producers of processed pears in the
regulated production area and
approximately 51 handlers of processed
pears subject to regulation under the
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, and small agricultural
service firms are defined as those whose
annual receipts are less than $7,000,000.
According to the Noncitrus Fruits and
Nuts 2010 Preliminary Summary issued
in January 2011 by the National
Agricultural Statistics Service, the total
farm-gate value of summer/fall
processed pears grown in Oregon and
Washington for 2010 was $76,427,000.
Based on the number of processed pear
producers in the Oregon and
Washington, the average gross revenue
for each producer can be estimated at
approximately $50,951. Furthermore,
based on Committee records, the
Committee has estimated that each of
the Northwest pear handlers currently
ship less than $7,000,000 worth of
processed pears on an annual basis.
From this information, it is concluded
that the majority of producers and
handlers of Oregon and Washington
processed pears may be classified as
small entities.
In addition, there are five processing
plants in the production area, with one
in Oregon and four in Washington. All
five processors would be considered
large entities under the SBA’s definition
of small businesses.
This rule continues in effect the
action that decreased the assessment
rate established for the Committee and
collected from handlers for the 2011–
2012 and subsequent fiscal periods from
$8.41 to $7.73 per ton for summer/fall
processed pears handled. The
Committee unanimously recommended
VerDate Mar<15>2010
14:48 Apr 10, 2012
Jkt 226001
2011–2012 expenditures of $926,933
and an assessment rate of $7.73 per ton
for summer/fall processed pears. The
assessment rate of $7.73 is $0.78 lower
than the previous rate. The Committee
recommended the assessment rate
decrease because the summer/fall
processed pear promotion budget was
reduced.
The quantity of assessable processed
pears for the 2011–2012 fiscal period is
estimated at 120,000 tons. Thus, the
$7.73 rate should provide $927,600 in
assessment income. Income derived
from summer/fall processed pear
handler assessments, interest and other
income will be adequate to cover the
budgeted expenses.
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 costs may
be passed on to producers. However,
decreasing the assessment rate reduces
the burden on handlers, and may reduce
the burden on producers.
In accordance with the Paperwork
Reduction Act of 1991 (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, Generic
Fruit Crops. No changes in those
requirements as a result of this action
are anticipated. 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 OregonWashington processed pear handlers. As
with all Federal marketing order
programs, reports and forms are
periodically reviewed to reduce
information requirements and
duplication by industry and public
sector agencies. USDA has not
identified any relevant Federal rules
that duplicate, overlap, or conflict with
this rule.
In addition, the Committee’s meeting
was widely publicized throughout the
Oregon-Washington pear industry and
all interested persons were invited to
attend the meeting and participate in
Committee deliberations on all issues.
Like all Committee meetings, the June 2,
2011, meeting was a public meeting and
all entities, both large and small, were
able to express views on this issue.
Comments on the interim rule were
required to be received on or before
October 31, 2011. 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.
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
21625
To view the interim rule, go to:
https://www.regulations.gov/
#!documentDetail;D=AMS-FV-11-00700001.
This action also affirms information
contained in the interim rule concerning
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 (76 FR 53811, August 30, 2011)
will tend to effectuate the declared
policy of the Act.
List of Subjects in 7 CFR Part 927
Marketing agreements, Pears,
Reporting and recordkeeping
requirements.
PART 927—PEARS GROWN IN
OREGON AND WASHINGTON
Accordingly, the interim rule
amending 7 CFR part 927 which was
published at 76 FR 53811 on August 30,
2011, is adopted as a final rule, without
change.
■
Dated: April 5, 2012.
David R. Shipman,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 2012–8638 Filed 4–10–12; 8:45 am]
BILLING CODE 3410–02–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 8
RIN 3150–AJ02
[NRC–2011–0180]
Interpretations; Removal of Part 8
Nuclear Regulatory
Commission.
ACTION: Final rule.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC or the Commission)
is amending its regulations to remove its
published General Counsel
interpretations of various regulatory
provisions. These interpretations are
largely obsolete, having been
superseded by subsequent statutory and
regulatory changes, and this part of the
Commission’s regulations is no longer
necessary.
DATES: Effective April 11, 2012.
ADDRESSES: Please refer to Docket ID
NRC–2011–0180 when contacting the
NRC about the availability of
information for this final rule. You may
SUMMARY:
E:\FR\FM\11APR1.SGM
11APR1
]]>Agencies
[Federal Register Volume 77, Number 70 (Wednesday, April 11, 2012)]
[Rules and Regulations]
[Pages 21624-21625]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8638]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 927
[Doc. No. AMS-FV-11-0070 FV11-927-3 FIR]
Pears Grown in Oregon and Washington; Assessment Rate Decrease
for Processed Pears
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Affirmation of interim rule as a final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Agriculture is adopting, as a final rule,
without change, an interim rule that decreased the assessment rate
established for the Processed Pear Committee (Committee) for the 2011-
2012 and subsequent fiscal periods from $8.41 to $7.73 per ton of
summer/fall processed pears handled. The Committee locally administers
the marketing order which regulates the handling of processed pears
grown in Oregon and Washington. The Committee recommended the
assessment rate decrease because the summer/fall processed pear
promotion budget for the 2011-2012 fiscal period was reduced.
DATES: Effective April 12, 2012.
FOR FURTHER INFORMATION CONTACT: Teresa Hutchinson or Gary Olson,
Northwest Marketing Field Office, Marketing Order and Agreement
Division, Fruit and Vegetable Programs, AMS, USDA; Telephone: (503)
326-2724, Fax: (503) 326-7440, or Email: Teresa.Hutchinson@ams.usda.gov
or GaryD.Olson@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 Laurel May, Marketing Order and Agreement Division, 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 Email: Laurel.May@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Order
No. 927, as amended (7 CFR part 927), regulating the handling of pears
grown in Oregon and Washington, 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 Order 12866.
Under the order, Oregon-Washington processed pear 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 processed pears for the entire fiscal period, and
continue indefinitely until amended, suspended, or terminated. The
Committee's fiscal period begins on July 1, and ends on June 30.
In an interim rule published in the Federal Register on August 30,
2011, and effective on August 31, 2011, (76 FR 53811, Doc. No. AMS-FV-
11-0070, FV11-927-3 IR), Sec. 927.237 was amended by decreasing the
assessment rate established for the Committee for the 2011-2012 and
subsequent fiscal periods from $8.41 to $7.73 per ton for summer/fall
processed pears handled. The Committee recommended the assessment rate
decrease because the summer/fall processed pear promotion budget for
the 2011-2012 fiscal period was reduced.
[[Page 21625]]
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
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 1,500 producers of processed pears in the
regulated production area and approximately 51 handlers of processed
pears subject to regulation under the 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, and
small agricultural service firms are defined as those whose annual
receipts are less than $7,000,000.
According to the Noncitrus Fruits and Nuts 2010 Preliminary Summary
issued in January 2011 by the National Agricultural Statistics Service,
the total farm-gate value of summer/fall processed pears grown in
Oregon and Washington for 2010 was $76,427,000. Based on the number of
processed pear producers in the Oregon and Washington, the average
gross revenue for each producer can be estimated at approximately
$50,951. Furthermore, based on Committee records, the Committee has
estimated that each of the Northwest pear handlers currently ship less
than $7,000,000 worth of processed pears on an annual basis. From this
information, it is concluded that the majority of producers and
handlers of Oregon and Washington processed pears may be classified as
small entities.
In addition, there are five processing plants in the production
area, with one in Oregon and four in Washington. All five processors
would be considered large entities under the SBA's definition of small
businesses.
This rule continues in effect the action that decreased the
assessment rate established for the Committee and collected from
handlers for the 2011-2012 and subsequent fiscal periods from $8.41 to
$7.73 per ton for summer/fall processed pears handled. The Committee
unanimously recommended 2011-2012 expenditures of $926,933 and an
assessment rate of $7.73 per ton for summer/fall processed pears. The
assessment rate of $7.73 is $0.78 lower than the previous rate. The
Committee recommended the assessment rate decrease because the summer/
fall processed pear promotion budget was reduced.
The quantity of assessable processed pears for the 2011-2012 fiscal
period is estimated at 120,000 tons. Thus, the $7.73 rate should
provide $927,600 in assessment income. Income derived from summer/fall
processed pear handler assessments, interest and other income will be
adequate to cover the budgeted expenses.
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 costs may be passed on to
producers. However, decreasing the assessment rate reduces the burden
on handlers, and may reduce the burden on producers.
In accordance with the Paperwork Reduction Act of 1991 (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, Generic Fruit Crops. No changes in those
requirements as a result of this action are anticipated. 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 Oregon-Washington processed pear
handlers. As with all Federal marketing order programs, reports and
forms are periodically reviewed to reduce information requirements and
duplication by industry and public sector agencies. USDA has not
identified any relevant Federal rules that duplicate, overlap, or
conflict with this rule.
In addition, the Committee's meeting was widely publicized
throughout the Oregon-Washington pear industry and all interested
persons were invited to attend the meeting and participate in Committee
deliberations on all issues. Like all Committee meetings, the June 2,
2011, meeting was a public meeting and all entities, both large and
small, were able to express views on this issue.
Comments on the interim rule were required to be received on or
before October 31, 2011. 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/#!documentDetail;D=AMS-FV-11-0070-0001.
This action also affirms information contained in the interim rule
concerning 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 (76 FR 53811, August 30, 2011) will tend to effectuate
the declared policy of the Act.
List of Subjects in 7 CFR Part 927
Marketing agreements, Pears, Reporting and recordkeeping
requirements.
PART 927--PEARS GROWN IN OREGON AND WASHINGTON
0
Accordingly, the interim rule amending 7 CFR part 927 which was
published at 76 FR 53811 on August 30, 2011, is adopted as a final
rule, without change.
Dated: April 5, 2012.
David R. Shipman,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2012-8638 Filed 4-10-12; 8:45 am]
BILLING CODE 3410-02-P
