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

30767 

Vol. 87, No. 98 

Friday, May 20, 2022 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 927 

[Doc. No. AMS–SC–21–0069; SC21–927–1 

FR] 

Pears Grown in Oregon and 

Washington; Increased Assessment 

Rate for Fresh Pears 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule implements a 

recommendation from the Fresh Pear 

Committee (Committee) to increase the 

assessment rate established for the 

2021–22 and subsequent fiscal periods. 

The assessment rate will remain in 

effect indefinitely unless modified, 

suspended, or terminated. 

DATES: Effective June 21, 2022. 

FOR FURTHER INFORMATION CONTACT: Dale 

Novotny, Marketing Specialist, or Gary 

Olson, Regional Director, Western 

Region Branch, Market Development 

Division, Specialty Crops Program, 

AMS, USDA; Telephone: (503)326– 

2724, or Email: DaleJ.Novotny@usda.gov 

or GaryD.Olson@usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Richard Lower, 

Market Development Division, Specialty 

Crops Program, AMS, USDA, 1400 

Independence Avenue SW, STOP 0237, 

Washington, DC 20250–0237; 

Telephone: (202) 720–2491; or Email: 

Richard.Lower@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 Order No. 927, as amended (7 

CFR part 927), regulating the handling 

of pears grown in Oregon and 

Washington. Part 927 (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 growers and 

handlers of pears operating within the 

production area, and a public member. 

The Agricultural Marketing Service 

(AMS) is issuing this rule in 

conformance with Executive Orders 

12866 and 13563. Executive Orders 

12866 and 13563 direct agencies to 

assess all costs and benefits of available 

regulatory alternatives and, if regulation 

is necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts and equity). 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, reducing costs, 

harmonizing rules, and promoting 

flexibility. This action falls within a 

category of regulatory actions that the 

Office of Management and Budget 

(OMB) exempted from Executive Order 

12866 review. 

This rule has been reviewed under 

Executive Order 13175—Consultation 

and Coordination with Indian Tribal 

Governments, which requires agencies 

to consider whether their rulemaking 

actions would have tribal implications. 

AMS has determined this rule is 

unlikely to have substantial direct 

effects on one or more Indian tribes, on 

the relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. Under the Order now in effect, 

Oregon and Washington fresh pear 

handlers are subject to assessments. 

Funds to administer the Order are 

derived from such assessments. It is 

intended that the assessment rate be 

applicable to all assessable fresh pears 

for the 2021–22 fiscal period, and 

continue unless 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, any 

handler subject to an order may file 

with Department of Agriculture (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 

no later than 20 days after the date of 

the entry of the ruling. 

The Order authorizes the Committee, 

with the approval of AMS, to formulate 

an annual budget of expenses and 

collect assessments from handlers to 

administer the program. Members are 

familiar with the Committee’s needs and 

with the costs of goods and services in 

their local area, and are 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 final rule increases the 

assessment rate from $0.463 per 44- 

pound standard box or equivalent of 

fresh ‘‘summer/fall’’ and ‘‘winter’’ pears, 

the rate that was established for the 

2018–19 and subsequent fiscal periods, 

to $0.468 per 44-pound standard box or 

equivalent of assessable fresh ‘‘summer/ 

fall’’ pears and ‘‘winter’’ pears for the 

2021–22 and subsequent fiscal periods. 

For the 2018–19 and subsequent fiscal 

periods, the Committee recommended, 

and AMS approved, an assessment rate 

of $0.463 per 44-pound standard box or 

equivalent of assessable fresh ‘‘summer/ 

fall’’ pears and ‘‘winter’’ pears. That 

assessment rate continued in effect from 

fiscal period to fiscal period unless 

modified, suspended, or terminated by 

AMS upon recommendation and 

information submitted by the 

Committee or other information 

available to AMS. 

The Committee met on June 3, 2021, 

and unanimously recommended 

expenditures of $8,472,263 and an 

assessment rate of $0.468 per 44-pound 

standard box or equivalent of assessable 

fresh ‘‘summer/fall’’ pears and ‘‘winter’’ 

pears handled for the 2021–22 and 

subsequent fiscal periods. In 

comparison, last year’s budgeted 

expenditures were $8,901,114. The 


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30768 Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Rules and Regulations 

assessment rate of $0.468 is $0.005 

higher than the rate previously in effect. 

The Committee recommended 

increasing the assessment rate due to a 

smaller estimated 2021 crop and to 

provide adequate income, along with 

reserve funds and interest income, to 

cover all of the Committee’s budgeted 

expenses for the 2021–22 fiscal period. 

Major expenditures recommended by 

the Committee for the 2021–22 fiscal 

period include $391,047 for contracted 

administration, $159,540 for industry 

development, $964,476 for production 

research and market development, 

$27,200 for miscellaneous expenses, 

and $6,930,000 for promotion and paid 

advertising for ‘‘summer/fall’’ and 

‘‘winter’’ varieties of fresh pears. 

Budgeted expenses for these items for 

the 2020–21 fiscal period were 

$388,520, $172,000, $997,394, $28,200, 

and $7,315,000, respectively. 

The Committee derived the 

recommended assessment rate by 

considering anticipated expenses, and 

an estimated 2021 crop of 18,000,000 

44-pound standard boxes or equivalent 

of assessable fresh ‘‘summer/fall’’ pears 

and ‘‘winter’’ pears. Income derived 

from handler assessments, calculated at 

$8,424,000 (18,000,000 standard boxes 

or equivalent multiplied by $0.468 

assessment rate), along with reserve 

funds and interest income ($48,263), 

will be adequate to cover budgeted 

expenses of $8,472,263. 

The assessment rate established in 

this rule will continue in effect 

indefinitely unless modified, 

suspended, or terminated by AMS upon 

recommendation and information 

submitted by the Committee or 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 

AMS. Committee meetings are open to 

the public and interested persons may 

express their views at these meetings. 

AMS 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 2021–22 fiscal period 

budget, and those for subsequent fiscal 

periods, will be reviewed and, as 

appropriate, approved by AMS. 

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 to ensure 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 708 growers 

of fresh pears in the production area and 

27 handlers subject to the regulation 

under the Order. Small agricultural 

producers are defined by the Small 

Business Administration (SBA) as those 

having annual receipts of less than 

$1,000,000, and small agricultural 

service firms have been defined as those 

whose annual receipts are less than 

$30,000,000 (13 CFR 121.201). 

According to the National 

Agricultural Statistics Service, the 2020 

average grower price received for fresh 

pears produced in Oregon and 

Washington was $11.39 per standard 44- 

pound box or equivalent. Committee 

data indicates total production was 

16,290,225 44-pound standard boxes or 

equivalent in the 2019–20 fiscal period. 

The total 2019–20 fiscal period value of 

assessable fresh ‘‘summer/fall’’ and 

‘‘winter’’ pears grown in Oregon and 

Washington was $185,545,663 

(16,290,225 44-pound standard boxes or 

equivalent times $11.39 per box equals 

$185,545,663). Dividing the crop value 

by the estimated number of growers 

(708) yields an estimated average receipt 

per grower of $262,070. 

According to AMS Market News data, 

the reported average terminal price for 

2020 Oregon and Washington fresh 

pears was $34.87 per 44-pound standard 

box or equivalent (data reported in 4/5 

bushel). Multiplying the Committeereported 2019–20 Oregon and 

Washington total production of 

16,290,225 44-pound standard boxes or 

equivalent by the estimated average 

price per box or equivalent of $34.87 

equals $568,040,146. Dividing this 

figure by 27 regulated handlers yields 

estimated average annual handler 

receipts of $21,038,524. Therefore, using 

the above data, the majority of growers 

and handlers of Oregon and Washington 

fresh pears may be classified as small 

entities. 

As noted above, the average price 

received by growers in the 2019–20 crop 

year was $11.39 per 44-pound standard 

box or equivalent of assessable fresh 

‘‘summer/fall’’ pears and ‘‘winter’’ 

pears. Given the Committee-estimated 

production of 18,000,000 44-pound 

standard boxes or equivalent of 

assessable fresh pears for the 2021–22 

crop year, the total grower revenue is 

estimated to be $205,020,000. The total 

assessment revenue is expected to be 

$8,424,000 (18,000,000 boxes multiplied 

by $0.468 per box). Thus, the total 

assessment revenue compared to total 

grower revenue is 4.1 percent 

($8,424,000 divided by $205,020,000). 

This rule increases the assessment 

rate collected from handlers for the 

2021–22 and subsequent fiscal periods 

from $0.463 to $0.468 per 44-pound 

standard box or equivalent of assessable 

fresh ‘‘summer/fall’’ pears and ‘‘winter’’ 

pears. The Committee unanimously 

recommended 2021–22 fiscal period 

expenditures of $8,472,263 and an 

assessment rate of $0.468 per 44-pound 

standard box or equivalent of assessable 

fresh ‘‘summer/fall’’ pears and ‘‘winter’’ 

pears handled. The assessment rate of 

$0.468 per 44-pound standard box or 

equivalent of assessable fresh ‘‘summer/ 

fall’’ pears and ‘‘winter’’ pears is $0.005 

higher than the rate previously in effect. 

The volume of assessable fresh 

‘‘summer/fall’’ pears and ‘‘winter’’ pears 

in the production area for the 2021–22 

fiscal period is estimated to be 

18,000,000 44-pound standard boxes or 

equivalent. Thus, the $0.468 per 44- 

pound standard box or equivalent of 

assessable fresh ‘‘summer/fall’’ pears 

and ‘‘winter’’ pears assessment rate 

should provide $8,424,000 in 

assessment income (18,000,000 

multiplied by $0.468). Income derived 

from handler assessments, along with 

reserve funds and interest income, will 

be adequate to cover budgeted expenses 

for the 2021–22 fiscal period. 

Major expenditures recommended by 

the Committee for the 2021–22 fiscal 

period include $391,047 for contracted 

administration, $159,540 for industry 

development, $964,476 for production 

research and market development, 

$27,200 for miscellaneous expenses, 

and $6,930,000 for promotion and paid 

advertising for ‘‘summer/fall’’ and 

‘‘winter’’ varieties of fresh pears. 

Budgeted expenses for these items for 

the 2020–21 fiscal period were 

$388,520, $172,000, $997,394, $28,200, 

and $7,315,000, respectively. 

The Committee recommended 

increasing the assessment rate due to a 

smaller crop and to provide adequate 


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Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Rules and Regulations 30769 

income, along with reserve funds and 

interest income, to cover the 

Committee’s budgeted expenses for the 

2021–22 fiscal period. Prior to arriving 

at this budget and assessment rate 

recommendation, the Committee 

discussed various alternatives, 

including maintaining the previous 

assessment rate and increasing the 

assessment rate by a different amount. 

However, the Committee determined 

that the recommended assessment rate, 

along with reserve funds and interest 

income, will adequately fund budgeted 

expenses. 

This rule increases the assessment 

obligation imposed on handlers. 

Assessments are applied uniformly on 

all handlers, and some of the costs may 

be passed on to growers. However, these 

costs are expected to be offset by the 

benefits derived by the operation of the 

Order. 

The Committee’s meeting was widely 

publicized throughout the Oregon and 

Washington pear industry. All 

interested persons were invited to 

attend the meeting and encouraged to 

participate in Committee deliberations 

on all issues. Like all Committee 

meetings, the June 3, 2021, meeting was 

a public meeting, and all entities, both 

large and small, were able to express 

views on this issue. Finally, interested 

persons were invited to submit 

comments on this rule, including the 

regulatory and information collection 

impacts of this action on small 

businesses. 

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 will be necessary as a 

result of this rule. Should any changes 

become necessary, they would be 

submitted to OMB for approval. 

This rule will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

Oregon and Washington 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. 

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. 

AMS has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this final rule. 

A proposed rule concerning this 

action was published in the Federal 

Register on November 19, 2021 (86 FR 

64830). Copies of the proposed rule 

were also mailed or sent via email to all 

fresh pear handlers. A copy of the 

proposed rule was made available 

through internet by AMS and Office of 

the Federal Register. A 30-day comment 

period ending December 20, 2021, was 

provided for interested persons to 

respond to the proposal. One comment 

was received in support of the action. 

Accordingly, no changes have been 

made to the rule as proposed. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: https:// 

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 927 

Marketing agreements, Pears, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, the Agricultural Marketing 

Service amends 7 CFR part 927 as 

follows: 

PART 927—PEARS GROWN IN 

OREGON AND WASHINGTON 

■ 1. The authority citation for 7 CFR 

part 927 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. In § 927.236, revise the introductory 

text and paragraphs (a) and (b) to read 

as follows: 

§ 927.236 Fresh pear assessment rate. 

On and after July 1, 2021, the 

following base rates of assessment for 

fresh pears are established for the Fresh 

Pear Committee: 

(a) $0.468 per 44-pound net weight 

standard box or container equivalent for 

any or all varieties or subvarieties of 

fresh pears classified as ‘‘summer/fall’’; 

(b) $0.468 per 44-pound net weight 

standard box or container equivalent for 

any or all varieties or subvarieties of 

fresh pears classified as ‘‘winter’’; and 

* * * * * 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2022–10855 Filed 5–19–22; 8:45 am] 

BILLING CODE 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

8 CFR Part 217 

[CBP Dec. 22–08] 

RIN 1651–AB40 

Electronic System for Travel 

Authorization (ESTA) Fee Increase 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security. 

ACTION: Final rule. 

SUMMARY: This document amends 

Department of Homeland Security 

(DHS) regulations pertaining to the 

Electronic System for Travel 

Authorization (ESTA). ESTA is the 

online system through which 

nonimmigrant visitors intending to 

enter the United States under the Visa 

Waiver Program (VWP) at air or sea 

ports of entry must obtain an electronic 

travel authorization in advance of travel 

to the United States. Pursuant to 

updates in Congressional mandates, the 

ESTA travel promotion fee (also referred 

to as the ‘‘authorization charge’’) was 

increased from $10 to $17 and extended 

to 2027. As a result of the increase in 

the travel promotion fee, the fee for an 

approved ESTA (which includes the 

travel promotion fee and a $4 

operational fee) is $21. CBP will begin 

collecting the new fee following the 

effective date of this rule. 

DATES: The final rule is effective May 

20, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Sikina S. Hasham, Director, Electronic 

System for Travel Authorization 

(ESTA), Office of Field Operations, 202– 

325–8000, sikina.hasham@cbp.dhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. The Visa Waiver Program 

Pursuant to section 217 of the 

Immigration and Nationality Act (INA), 

8 U.S.C. 1187, the Secretary of 

Homeland Security, in consultation 

with the Secretary of State, may 


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