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.

Rules and Regulations Federal Register

66077 

Vol. 83, No. 246 

Wednesday, December 26, 2018 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 920 

[Doc. No. AMS–SC–18–0060; SC18–920–1 

FR] 

Kiwifruit Grown California; Decreased 

Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule implements a 

recommendation from the Kiwifruit 

Administrative Committee (Committee) 

to decrease the assessment rate 

established for the 2018–2019 and 

subsequent fiscal periods. The 

assessment rate will remain in effect 

indefinitely unless modified, 

suspended, or terminated. 

DATES: Effective January 25, 2019. 

FOR FURTHER INFORMATION CONTACT: 

Maria Stobbe, Marketing Specialist, or 

Terry Vawter, Senior Marketing 

Specialist, California Marketing Field 

Office, Marketing Order and Agreement 

Division, Specialty Crops Program, 

AMS, USDA; Telephone: (559) 487– 

5901, Fax: (559) 487–5906, or Email: 

Maria.Stobbe@ams.usda.gov or 

Terry.Vawter@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 

action, pursuant to 5 U.S.C. 553, 

amends regulations issued to carry out 

a marketing order as defined in 7 CFR 

900.2(j). This rule is issued under 

Marketing Agreement and Order No. 

920, as amended (7 CFR part 920), 

regulating the handling of kiwifruit 

grown in California. Part 920 (referred to 

as 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 

Committee locally administers the 

Order and is comprised of producers of 

kiwifruit operating within the area of 

production, and one member of the 

public. 

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Orders 

13563 and 13175. This action falls 

within a category of regulatory actions 

that the Office of Management and 

Budget (OMB) exempted from Executive 

Order 12866 review. 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, 

kiwifruit handlers in California are 

subject to assessments. Funds to 

administer the Order are derived from 

such assessments. It is intended that the 

assessment rate will be applicable to all 

assessable kiwifruit for the 2018–2019 

fiscal period 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 (7 U.S.C. 

608c(15)(A)), 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. 

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 of California kiwifruit, and 

one member of the public. They are 

familiar with the Committee’s needs and 

with the costs of 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. 

This rule decreases the assessment 

rate for the 2018–2019 and subsequent 

fiscal periods from $0.040 to $0.025 per 

9-kilo volume-fill container or 

equivalent of kiwifruit handled. 

The Committee met on July 19, 2018, 

and unanimously recommended 2018– 

2019 expenditures of $119,000 and an 

assessment rate of $0.025 per 9-kilo 

volume-fill of kiwifruit. In comparison, 

last year’s budgeted expenditures were 

$114,383. The assessment rate of $.025 

is $0.015 lower than the rate currently 

in effect. The Committee currently has 

a cash reserve of approximately $52,056. 

The decreased assessment rate plus the 

cash reserve are sufficient to fund the 

2018–2019 budgeted expenses. 

The major expenditures 

recommended by the Committee for 

2018–2019 include $80,000 for 

management services, $29,000 in office 

expenditures, and $10,000 for research. 

Budgeted expenses for these items in 

2017–2018 were $80,000 for 

management services, $24,383 in office 

expenditures, and $10,000 for research. 

The assessment rate recommended by 

the Committee was derived by 

considering anticipated expenses, 

expected shipments of kiwifruit in the 

production area, and the level of funds 

in the authorized reserve. Kiwifruit 

shipments for the 2018–2019 season are 

estimated at 4,207,071 9-kilo volume-fill 

containers, which should provide 

$105,177 in assessment income 

(4,207,071 9-kilo volume-fill containers 

times $0.025 per container equals 

$105,177). Income derived from handler 

assessments, along with interest income 

and funds from the Committee’s 


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66078 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Rules and Regulations 

authorized reserve, should be adequate 

to cover budgeted expenses. Funds in 

the reserve (currently $52,056) will be 

kept within the maximum permitted by 

the Order (approximately one fiscal 

period’s expenses). 

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 and other 

available information. Although this 

assessment rate will be in effect 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 would be 

undertaken as necessary. The 

Committee’s budget for subsequent 

fiscal periods would be reviewed and, 

as appropriate, approved by USDA. 

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 140 

producers of kiwifruit in the production 

area and approximately 20 handlers 

subject to regulation under the Order. 

Small agricultural producers are defined 

by the Small Business Administration 

(SBA) as those having annual receipts 

less than $750,000, and small 

agricultural service firms are defined as 

those whose annual receipts are less 

than $7,500,000 (13 CFR 121.201). 

According to Committee, USDA 

Market News, and National Agricultural 

Statics Service (NASS) data, the average 

price of kiwifruit for the 2016–2017 

season was approximately $0.92 per 

pound, and the total crop was 

approximately 9.0 million tray 

equivalents, or 63 million pounds. 

Based on the average price and handlerspecific annual kiwifruit sales data 

provided by the Committee, 19 of the 20 

handlers have average annual receipts 

less than $7,500,000. Thus, the majority 

of kiwifruit handlers may be classified 

as small business entities. 

In addition, based on information 

from the NASS, the average grower 

price for kiwifruit during the 2016–2017 

season was approximately $0.525 cents 

per pound. The Committee analyzed 

grower-specific production data and 

determined that growers with 

production over 204,081 9-kilo volumefill containers would be classified as 

large entities (204,081 9-kilo volume-fill 

containers times 7 pounds per container 

times $0.525 per pound equals 

$749,998). Using the NASS average 

grower price and the Committee’s 

specific grower production information, 

at least 130 of 140 producers have 

annual receipts of less than $750,000. 

Thus, the majority of the kiwifruit 

producers may be classified as small 

entities. 

This rule decreases the assessment 

rate collected from handlers for the 

2018–2019 and subsequent fiscal 

periods from $0.040 to $0.025 per 9-kilo 

volume-fill container of kiwifruit. The 

Committee unanimously recommended 

2018–2019 expenditures of $119,000 

and an assessment rate of $0.025 per 9- 

kilo volume-fill container. The 

assessment rate of $0.025 is $0.015 

lower than the 2017–2018 rate. The 

quantity of assessable commodity for 

the 2018–2019 fiscal year is estimated at 

4,207,071 9-kilo volume-fill container. 

Thus, the $0.025 rate should provide 

$105,177 in assessment income 

(4,207,071 × $0.025). Income derived 

from handler assessments, along with 

interest income and funds from the 

Committee’s authorized reserve 

(currently $52,056), should be adequate 

to cover budgeted expenses. 

The major expenditures 

recommended by the Committee for the 

2018–2019 fiscal year include $80,000 

for management services, $29,000 in 

office expenditures, and $10,000 for 

research. Budgeted expenses for these 

items in 2017–2018 were $80,000 for 

management services, $24,383 in office 

expenditures, and $10,000 for research. 

The Committee estimates that the funds 

in the reserve (currently $52,056) would 

be reduced by $13,303 to ensure the 

reserve remains within the maximum 

permitted by the Order (approximately 

one fiscal period’s expenses). 

Prior to arriving at this budget and 

assessment rate, the Committee 

considered various options, such as 

maintaining the current assessment rate 

and expenditure levels. Alternative 

expenditure levels were discussed by 

the Committee, based upon the relative 

value of various activities to the 

kiwifruit industry. The Committee 

ultimately determined that 2018–2019 

expenditures of $119,000 were 

appropriate, and the recommended 

$0.025 assessment rate, and the use of 

$13,303 from the financial reserve, 

would be sufficient to meet its expenses. 

A review of historical crop and price 

information, as well as preliminary 

information pertaining to the upcoming 

fiscal period, indicates that the shipping 

point price for the 2017–2018 season 

averaged about $17.32 per 9-kilo 

volume-fill container of California 

kiwifruit handled. If the 2018–2019 

price is similar to the 2017–2018 price, 

estimated assessment revenue as a 

percentage of total estimated handler 

revenue would be 0.14 percent for the 

2018–2019 season ($0.025 divided by 

$17.32 per 9-kilo volume-fill container). 

This rule 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. This rule will 

not have a significant economic impact 

on a substantial number of small 

entities. 

The Committee’s meeting was widely 

publicized throughout the production 

area. All interested persons were invited 

to attend the meeting and participate in 

Committee deliberations on all issues. 

Like all Committee meetings, the July 

19, 2018, 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 OMB and 

assigned OMB No. 0581–0189, Fruit 

Crops. No changes in those 

requirements are necessary as a result of 

this rule. Should any changes become 

necessary, they would be submitted to 

OMB for approval. 

This rule imposes no additional 

reporting or recordkeeping requirements 

on either small or large California 

kiwifruit 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. As noted in the initial 


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Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Rules and Regulations 66079 

regulatory flexibility analysis, USDA 

has not identified any relevant Federal 

rules that duplicate, overlap, or conflict 

with this final rule. 

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. 

A proposed rule concerning this 

action was published in the Federal 

Register on October 1, 2018 (83 FR 

49312). Copies of the proposed rule 

were provided to all kiwifruit handlers. 

The proposal was also made available 

through the internet by USDA and the 

Office of Federal Register. A 30-day 

comment period ending October 31, 

2018, was provided for interested 

persons to respond to the proposal. 

One comment was received regarding 

the proposed rate change. The 

commenter questioned the Committee’s 

authority to recommend a reduction in 

the rate and the potential impact of the 

rate change on the quality of kiwifruit. 

As stated in the Act (7 U.S.C. 

610(b)(2)(ii)), assessments collected by 

the Committee are used to cover the 

costs of administering the program. 

When the collection of assessments 

surpasses budget needs and reserve 

funds are at their maximum, the 

Committee and USDA are obligated by 

the Order (§ 920.41 Assessments and 

§ 920.42 Accounting) to adjust the 

amount of assessment funds collected. 

This adjustment can be made either by 

refunding assessments or by reducing 

the assessment rate. Reducing the 

assessment rate is less costly and more 

efficient for both the Committee and 

handlers. Therefore, to prevent the 

collection of surplus revenue if the 

assessment rate were not changed, the 

authority to reduce the assessment rate 

is both implied in, and necessary under 

the Order. 

Regarding the commenters question 

about the quality of kiwifruit, the 

amount of assessments collected are tied 

to volume of kiwifruit handled, not the 

quality of the kiwifruit. Therefore, the 

assessment rate and kiwifruit quality are 

not directly correlated. 

The remainder of the comment was 

related to general information about the 

kiwifruit marketing order and was 

outside the scope of this action. 

Accordingly, no changes will be made 

to the rule as proposed, based on the 

comment received. 

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 will tend to effectuate the 

declared policy of the Act. 

List of Subjects in 7 CFR Part 920 

Kiwifruit, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 920 is amended as 

follows: 

PART 920—KIWIFRUIT GROWN IN 

CALIFORNIA 

■ 1. The authority citation for part 920 

continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 920.213 is revised to read 

as follows: 

§ 925.213 Assessment rate. 

On and after August 1, 2018, an 

assessment rate of $0.025 per 9-kilo 

volume-fill container or equivalent of 

kiwifruit is established for kiwifruit 

grown in California. 

Dated: December 19, 2018. 

Bruce Summers, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2018–27888 Filed 12–21–18; 8:45 am] 

BILLING CODE 3410–02–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

[NRC–2018–0212] 

RIN 3150–AK16 

List of Approved Spent Fuel Storage 

Casks: TN Americas LLC, 

Standardized NUHOMS® System, 

Certificate of Compliance No. 1004, 

Renewed Amendment No. 15 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Direct final rule; confirmation of 

effective date. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is confirming the 

effective date of January 22, 2019, for 

the direct final rule that was published 

in the Federal Register on November 7, 

2018. This direct final rule amended the 

NRC’s spent fuel storage regulations by 

revising the ‘‘List of approved spent fuel 

storage casks’’ to include Renewed 

Amendment No. 15 to Certificate of 

Compliance No. 1004 for the TN 

Americas LLC Standardized NUHOMS®

Horizontal Modular Storage System 

(NUHOMS® System). Because this 

amendment is subsequent to the 

renewal of the TN Americas LLC 

Standardized NUHOMS® Certificate of 

Compliance No. 1004 system and, 

therefore, subject to the Aging 

Management Program requirements of 

the renewed certificate, it is referred to 

as ‘‘Renewed Amendment No. 15.’’ 

DATES: Effective Date: The effective date 

of January 22, 2019, for the direct final 

rule published November 7, 2018 (83 FR 

55601), is confirmed. 

ADDRESSES: Please refer to Docket ID 

NRC–2018–0212 when contacting the 

NRC about the availability of 

information for this action. You may 

obtain publicly-available information 

related to this action by any of the 

following methods: 

• Federal Rulemaking Website: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2018–0212. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–415–3463; 

email: Carol.Gallagher@nrc.gov. For 

technical questions, contact the 

individuals listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publiclyavailable documents online in the 

ADAMS Public Documents collection at 

http://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘Begin Web-based ADAMS Search.’’ For 

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209, 301– 

415–4737, or by email to pdr.resource@

nrc.gov. The proposed amendment to 

the certificate, the proposed changes to 

the technical specifications, and 

preliminary safety evaluation report are 

available in ADAMS under Accession 

No. ML18228A529. The final 

amendment to the certificate, final 

changes to the technical specifications, 

and final safety evaluation report can 

also be viewed in ADAMS under 

Accession No. ML18347B333. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

FOR FURTHER INFORMATION CONTACT: 

Christian Jacobs, Office of Nuclear 


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