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Rules and Regulations Federal Register

21841 

Vol. 77, No. 71 

Thursday, April 12, 2012 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 983 

[Doc. No. AMS–FV–11–0077; FV11–983–2 

FIR] 

Pistachios Grown in California, 

Arizona, and New Mexico; 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 Administrative 

Committee for Pistachios (Committee) 

for the 2011–12 and subsequent 

production years from $0.0007 to 

$0.0005 per pound of assessed weight 

pistachios. The Committee locally 

administers the marketing order which 

regulates the handling of pistachios 

grown in California, Arizona, and New 

Mexico. The interim rule was necessary 

to allow the Committee to provide 

sufficient revenue to meet its expenses 

while maintaining a financial reserve 

within the limit authorized under the 

order. 

DATES: Effective Date: April 13, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Andrea Ricci or Kurt J. Kimmel, 

California Marketing Field Office, 

Marketing Order and Agreements 

Division, Fruit and Vegetable Programs, 

AMS, USDA; Telephone: (559) 487– 

5901, Fax: (559) 487–5906, or Email: 

Andrea.Ricci@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: http//www.ams.usda.gov/ 

MarketingOrdersSmallBusinessGuide; 

or by contacting Laurel May, Marketing 

Order 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 Agreement 

and Order No. 983, both as amended (7 

CFR part 983), regulating the handling 

of pistachios grown in California, 

Arizona, and New Mexico, 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, California, Arizona, 

and New Mexico pistachio handlers are 

subject to assessments, which provide 

funds to administer the order. 

Assessment rates as issued under the 

order are intended to be applicable to all 

assessable pistachios for the entire 

production year and continue 

indefinitely until amended, suspended, 

or terminated. The Committee’s fiscal 

period begins on September 1, 2011, 

and ends on August 31, 2012. 

In an interim rule published in the 

Federal Register on September 29, 2011, 

and effective on September 30, 2011, (76 

FR 60361, Doc. No. AMS–FV–11–0077; 

FV 983–2 IR], § 983.253 was amended 

by decreasing the assessment rate 

established for California, Arizona, and 

New Mexico pistachios for the 2011–12 

and subsequent production years from 

$0.0007 to $0.0005 per pound of 

assessed weight pistachios. The 

decrease in the per pound assessment 

rate allows the Committee to provide 

sufficient revenue to meet its expenses 

while maintaining a financial reserve 

within the limit authorized under the 

order. 

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 900 

producers of pistachios in the 

production area and approximately 25 

handlers subject to regulation under the 

marketing order. Small agricultural 

producers are defined by the Small 

Business Administration as those 

having annual receipts less than 

$750,000 and small agricultural service 

firms are defined as those whose annual 

receipts are less than $7,000,000. (13 

CFR 121.201) Based on Committee data, 

it is estimated that over 70 percent of 

the handlers ship less than $7,000,000 

worth of pistachios and would thus be 

considered small business under the 

SBA definition. It is also estimated that 

over 80 percent of the growers in the 

production area produce less than 

$750,000 worth of pistachios and would 

thus be considered small businesses 

under the SBA definition. 

This rule continues in effect the 

action that decreased the assessment 

rate established for the Committee and 

collected from handlers for the 2011–12 

and subsequent production years from 

$0.0007 to $0.0005 per pound of 

assessed weight pistachios. At its July 

21, 2011 meeting, the Committee 

unanimously recommended 2011–12 

expenditures of $681,850 and an 

assessment rate of $0.0005 per pound of 

assessed weight pistachios. The 

assessment rate of $0.0005 is $0.0002 

lower than the 2010–11 rate. Applying 

the $0.0005 per pound assessment rate 

to the Committee’s 400,000,000 pound 

crop estimate should provide $200,000 

in assessment income. Thus, income 

derived from handler assessments 

combined with the 2010–11 financial 

reserve, estimated interest income, and 

funds received from the CPRB is 

expected to provide sufficient revenues 

for the Committee to meet its expenses 

while maintaining a financial reserve 

within the limit authorized under the 

order. 


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21842 Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Rules and Regulations 

According to NASS, the season 

average producer price was $1.67 in 

2009 and $2.22 per pound of assessed 

weight pistachios in 2010. A review of 

historical information and preliminary 

information pertaining to the upcoming 

production year indicates that the 

grower price for the 2011–12 production 

year could range between $1.67 and 

$2.22 per pound of assessed weight 

pistachios. Therefore, the estimated 

assessment revenue for the 2011–12 

production year as a percentage of total 

producer revenue during the 2011–12 

production year could range between 

0.030 and 0.023 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 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 

California, Arizona, and New Mexico 

pistachio industry and all interested 

persons were invited to attend the 

meeting and participate in Committee 

deliberations on all issues. Like all 

Committee meetings, the July 21, 2011, 

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. 0581–0215 

Pistachios Grown in California. 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 California, 

Arizona, and New Mexico 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. 

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. In 

addition, 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 28, 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: 

http://www.regulations.gov/ 

#!documentDetail;D=AMS-FV-11-0077- 

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 (76 FR 60361, September 29, 

2011) will tend to effectuate the 

declared policy of the Act. 

List of Subjects in 7 CFR Part 983 

Marketing agreements, Pistachios, 

Reporting and recordkeeping 

requirements. 

PART 983—PISTACHIOS GROWN IN 

CALIFORNIA, ARIZONA, AND NEW 

MEXICO 

■ Accordingly, the interim rule 

amending 7 CFR part 983, which was 

published at 76 FR 60361 on September 

29, 2011, is adopted as a final rule, 

without change. 

Dated: April 6, 2012. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2012–8822 Filed 4–11–12; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 993 

[Doc. No. AMS–FV–11–0068; FV11–993–1 

FIR] 

Dried Prunes Produced 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 Prune Marketing 

Committee (Committee) for the 2011–12 

and subsequent crop years from $0.27 to 

$0.22 per ton of salable dried prunes 

handled. The Committee locally 

administers the marketing order for 

dried prunes produced in California. 

The interim rule was necessary to allow 

the Committee to lower its assessment 

rate because of a substantial decrease in 

wage and salary expenses. The current 

excess funds carried forward along with 

the estimated interest income, combined 

with the funds generated from the 

decreased assessment rate and 

decreased crop is expected to provide 

adequate income to cover anticipated 

2011–12 expenses. 

DATES: Effective Date: April 13, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Andrea Ricci or Kurt J. Kimmel, 

California Marketing Field Office, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Programs, 

AMS, USDA; Telephone: (559) 487– 

5901, Fax: (559) 487–5906, or Email: 

Andrea.Ricci@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: http://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 Agreement 

No. 110 and Order No. 993, both as 

amended (7 CFR part 993), regulating 

the handling of dried prunes 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.’’ 

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

Under the order, California dried 

prune 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 California 

dried prunes for the entire crop year, 

and continue indefinitely until 

amended, suspended, or terminated. 

The Committee’s crop year begins 

August 1, and ends on July 31. 

In an interim rule published in the 

Federal Register on August 30, 2011, 

and effective on August 31, 2011 (76 FR 

53813, Doc. No. AMS–FV–11–0068; 

FV11–993–1 IR), § 993.347 was 


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