Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 21521 

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 

February 4, 2013. 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-12-0026- 

0001. 

This action also affirms information 

contained in the interim rule concerning 

Executive Orders 12866 and 12988, 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 (77 FR 72683, December 6, 

2012) will tend to effectuate the 

declared policy of the Act. 

List of Subjects in 7 CFR Part 923 

Cherries, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

PART 923—SWEET CHERRIES 

GROWN IN DESIGNATED COUNTIES 

IN WASHINGTON 

Accordingly, the interim rule 

amending 7 CFR part 923, which was 

published at 77 FR 72683 on December 

6, 2012, is adopted as a final rule, 

without change. 

Dated: April 5, 2013. 

David R. Shipman, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2013–08463 Filed 4–10–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 927 

[Doc. No. AMS–FV–12–0031; FV12–927–2 

FIR] 

Pears Grown in Oregon and 

Washington; Assessment Rate 

Decrease for Processed Pears 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Affirmation of interim rule as 

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 2012– 

2013 and subsequent fiscal periods from 

$7.73 to $7.00 per ton of summer/fall 

processed pears. The Committee locally 

administers the marketing order that 

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 2012–2013 fiscal period 

was reduced. 

DATES: Effective April 12, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Teresa Hutchinson or Gary Olson, 

Northwest Marketing Field Office, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

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: http://www.ams.usda.gov/ 

MarketingOrdersSmallBusinessGuide or 

by contacting Jeffrey Smutny, Marketing 

Order and Agreement Division, Fruit 

and Vegetable Program, AMS, USDA, 

1400 Independence Avenue SW., STOP 

0237, Washington, DC 20250–0237; 

Telephone: (202) 720–2491, Fax: (202) 

720–8938, or Email: 

Jeffrey.Smutny@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, 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 December 5, 2012, 

and effective on December 6, 2012 (77 

FR 72197, Doc. No. AMS–FV–12–0031, 

FV12–927–2 IR), § 927.237 was 

amended by decreasing the assessment 

rate established for Oregon-Washington 

processed pears for the 2012–2013 and 

subsequent fiscal periods from $7.73 to 

$7.00 per ton of summer/fall processed 

pears handled. The Committee 

recommended the assessment rate 

decrease because the 2012–2013 

summer/fall processed pear promotion 

budget was reduced. 

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 50 handlers of processed 

pears subject to regulation under the 

order. Small agricultural producers are 

defined by the Small Business 

Administration (SBA) 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. (13 CFR 

121.201) 

According to the Noncitrus Fruits and 

Nuts 2011 Preliminary Summary issued 

in March 2012 by the National 

Agricultural Statistics Service, the total 

farm-gate value of summer/fall 

processed pears grown in Oregon and 

Washington for 2011 was $35,315,000. 

Based on the number of processed pear 

producers in Oregon and Washington, 

the average gross revenue for each 

producer can be estimated at 

approximately $23,543. Furthermore, 

based on Committee records, the 

Committee has estimated that each of 

the Oregon-Washington pear handlers 

currently ship less than $7,000,000 

worth of processed pears all 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. 


TKELLEY on DSK3SPTVN1PROD with RULES
21522 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 

1 7 U.S.C. 1a(40). 

2See Dodd-Frank Wall Street Reform and 

Consumer Protection Act, Public Law 111–203, 124 

Stat. 1376 (2010). 

There are three pear processing plants 

in the production area, all located in 

Washington. All three pear 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 2012– 

2013 and subsequent fiscal periods from 

$7.73 to $7.00 per ton of processed 

pears handled. The Committee also 

unanimously recommended 2012–2013 

expenditures of $842,137. The 

assessment rate of $7.00 is $0.73 lower 

than the rate previously in effect. 

The quantity of assessable summer/ 

fall processed pears for the 2012–2013 

fiscal period is estimated at 120,000 

tons. Thus, the $7.00 rate should 

provide $840,000 in assessment income. 

Income derived from summer/fall 

processed pear handler assessments, 

monetary reserve, interest, and other 

income will be adequate to cover the 

budgeted expenses. The Committee 

recommended the assessment rate 

decrease because the 2012–2013 

summer/fall processed pear promotion 

budget was reduced. 

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 addition, the Committee’s meeting 

was widely publicized throughout the 

Oregon-Washington pear industry. All 

interested persons were invited to 

attend the meeting and participate in 

Committee deliberations on all issues. 

Like all Committee meetings, the May 

30, 2012, 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, 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. 

Comments on the interim rule were 

required to be received on or before 

February 4, 2013. 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: 

http://www.regulations.gov/ 

#!docketDetail;D=AMS-FV-12-0031 

This action also affirms information 

contained in the interim rule concerning 

Executive Orders 12866 and 12988, 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 (77 FR 72197, December 5, 

2012) 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 77 FR 72197 on December 

5, 2012, is adopted as a final rule, 

without change. 

Dated: April 5, 2013. 

David R. Shipman, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2013–08475 Filed 4–10–13; 8:45 am] 

BILLING CODE 3410–02–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 140 

RIN 3038–AE04 

Delegation of Authority To Disclose 

Confidential Information to a Contract 

Market, Registered Futures 

Association or Self-Regulatory 

Organization 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is revising 

its regulations to add to its delegation of 

authority to staff respecting the 

disclosure of information to selfregulatory organizations newly 

established in the Wall Street Reform 

and Consumer Protection Act (the 

‘‘Dodd-Frank Act’’) and not previously 

enumerated in the relevant regulations. 

DATES: This rulemaking is effective on 

April 11, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street NW., Washington, DC 

20581; David Van Wagner, Chief 

Counsel, Division of Market Oversight, 

telephone (202) 418–5481 and email 

dvanwagner@cftc.gov; and Robert 

Wasserman, Chief Counsel, Division of 

Clearing and Risk, telephone (202) 418– 

5092 and email rwasserman@cftc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 8a(6) of the Commodity 

Exchange Act (‘‘CEA’’), 7 U.S.C. 12a(6), 

authorizes the Commission to 

communicate to the proper committee 

of any registered entity the ‘‘full facts 

concerning any transaction or market 

operation, including the names of 

parties thereto, which in the judgment 

of the Commission disrupts or tends to 

disrupt any market or is otherwise 

harmful or against the best interests of 

producers, consumers, or investors, or 

which is necessary or appropriate to 

effectuate the purposes of [the CEA].’’ 

The term ‘‘registered entity’’ has been 

defined to include boards of trade 

designated as contract markets, 

derivatives clearing organizations, swap 

execution facilities, swap data 

repositories, and certain electronic 

facilities on which a contract 

determined by the Commission to be a 

significant price discovery contract is 

executed or traded.1

The definition of ‘‘registered entity’’ 

in the CEA was amended by the DoddFrank Act, which was enacted on July 

21, 2010.2 Two new categories of 

registered entity were established: Swap 

execution facilities (‘‘SEFs’’) and swap 

data repositories (‘‘SDRs’’), which have 

self-regulatory roles in the swaps 

markets established in the CEA and its 

implementing regulations. Additionally, 

the core principles for derivatives 

clearing organizations (‘‘DCOs’’) were 

revised to expand the scope of a DCO’s 

self-regulatory responsibilities, in 

particular with respect to risk 

management. Commission regulations 

implementing the core principles 

require, for example, monitoring by the 

DCO of the large trader reports of its 


TKELLEY on DSK3SPTVN1PROD with RULES