This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

43504 

Vol. 82, No. 179 

Monday, September 18, 2017 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 927 

[Doc. No. AMS–SC–17–0045; SC17–927–1 

PR] 

Pears Grown in Oregon and 

Washington; Increased Assessment 

Rate for Processed Pears 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

implement a recommendation from the 

Processed Pear Committee (Committee) 

to increase the assessment rate 

established for the 2017–2018 and 

subsequent fiscal periods from $7.00 to 

$8.00 per ton of ‘‘summer/fall’’ pears for 

canning. The Committee locally 

administers the marketing order and is 

comprised of growers, handlers, and 

processors of processed pears grown in 

Oregon and Washington. Assessments 

upon processed pear handlers are used 

by the Committee to fund reasonable 

and necessary expenses of the marketing 

order. The fiscal period begins July 1 

and ends June 30. The assessment rate 

would remain in effect indefinitely 

unless modified, suspended or 

terminated. 

DATES: Comments must be received by 

October 3, 2017. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this proposed rule. 

Comments must be sent to the Docket 

Clerk, Marketing Order and Agreement 

Division, Specialty Crops Program, 

AMS, USDA, 1400 Independence 

Avenue SW., STOP 0237, Washington, 

DC 20250–0237; Fax: (202) 720–8938; or 

internet: http://www.regulations.gov. 

Comments should reference the 

document number and the date and 

page number of this issue of the Federal 

Register and will be made available for 

public inspection in the Office of the 

Docket Clerk during regular business 

hours, or can be viewed at: http://

www.regulations.gov. All comments 

submitted in response to this proposed 

rule will be included in the record and 

will be made available to the public. 

Please be advised that the identity of the 

individuals or entities submitting the 

comments will be made public on the 

internet at the address provided above. 

FOR FURTHER INFORMATION CONTACT: 

Teresa Hutchinson or Gary Olson, 

Northwest Marketing Field Office, 

Marketing Order and Agreement 

Division, Specialty Crops 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 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 

proposed 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 proposed rule in 

conformance with Executive Orders 

13563, and 13175. 

This proposed rule does not meet the 

definition of a significant regulatory 

action contained in section 3(f) of 

Executive Order 12866, and is not 

subject to review by the Office of 

Management and Budget (OMB). 

Additionally, because this proposed 

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 proposed rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. Under the order now in 

effect, Oregon and Washington pear 

handlers are subject to assessments. 

Funds to administer the order are 

derived from such assessments. It is 

intended that the assessment rate, as 

proposed herein, would be applicable to 

all assessable ‘‘summer/fall’’ pears for 

canning beginning July 1, 2017, 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, 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. 

This proposed rule would increase 

the assessment rate established for the 

Committee for the 2017–2018 and 

subsequent fiscal periods from $7.00 to 

$8.00 per ton for ‘‘summer/fall’’ pears 

for canning handled under the order. 

The assessment rate for ‘‘winter’’ and 

‘‘other’’ pears for processing would 

remain unchanged at zero. 

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 growers, 

handlers, and processors of Oregon and 

Washington processed pears. They are 

familiar with the Committee’s needs, 

and with the costs for 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. 

For the 2012–2013 and subsequent 

fiscal periods, the Committee 

recommended, and the USDA approved, 


sradovich on DSKBBY8HB2PROD with PROPOSALS
Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Proposed Rules 43505 

the following three base rates of 

assessment: (a) $7.00 per ton for any or 

all varieties or subvarieties of pears for 

canning classified as ‘‘summer/fall’’, 

excluding pears for other methods of 

processing; (b) $0.00 per ton for any or 

all varieties or subvarieties of pears for 

processing classified as ‘‘winter’’; and 

(c) $0.00 per ton for any or all varieties 

or subvarieties of pears for processing 

classified as ‘‘other’’. The assessment on 

‘‘summer/fall’’ pears applies only to 

pears for canning and excludes pears for 

other methods of processing defined in 

§ 927.15, as pears for concentrate, 

freezing, dehydrating, pressing, or in 

any other way to convert pears into a 

processed product. This rate continues 

in effect from fiscal period to fiscal 

period unless modified, suspended, or 

terminated by USDA upon 

recommendation and information 

submitted by the Committee or other 

information available to USDA. 

The Committee met on May 31, 2017, 

and unanimously recommended 

expenditures of $800,150 for the 2017– 

2018 fiscal period. In comparison, the 

previous fiscal period’s budgeted 

expenditures were $855,268. The 

Committee also unanimously 

recommended an assessment rate of 

$8.00 per ton for ‘‘summer/fall’’ pears 

for canning. The recommended 

assessment rate of $8.00 is $1.00 higher 

than the rate currently in effect. 

The major expenditures 

recommended by the Committee for the 

2017–2018 fiscal period include 

$605,606 for promotion and paid 

advertising, $147,694 for research, 

$25,000 for administration, and $21,850 

for Committee expenses. In comparison, 

major expenditures for the 2016–2017 

fiscal period included $682,130 for 

promotion and paid advertising, 

$127,288 for research, $25,000 for 

administration, and $20,850 for 

Committee expenses. 

Committee members estimate the 

2017–2018 crop to be 100,000 tons, 

which would be less than the 2016– 

2017 production of 103,000 tons by 

3,000 tons. Pear production tends to 

fluctuate due to the effects of weather, 

pollination, and tree health. Because of 

the anticipated smaller crop, the 

Committee recommended to both lower 

budgeted expenses and increase the 

assessment rate for ‘‘summer/fall’’ pears 

in order to align assessment income 

with expenses. 

The Committee’s recommended 

assessment rate was derived by dividing 

the 2017–2018 anticipated expenses by 

the expected shipments of ‘‘summer/ 

fall’’ pears for canning, while also taking 

into account interest income and the 

Committee’s monetary reserve. 

Shipments of ‘‘summer/fall’’ pears for 

canning for 2017–2018 are estimated at 

100,000 tons, which should provide 

$800,000 (100,000 tons × $8.00 per ton) 

in assessment income. The projected 

revenue from handler assessments, 

together with funds from interest 

income, would be adequate to cover the 

2017–2018 budgeted expenses of 

$800,150. 

Section 927.42(a) of the order 

authorizes the Committee to carry over 

excess funds into subsequent fiscal 

periods as a reserve, provided that funds 

do not exceed approximately one year’s 

operational expenses. The Committee 

expects its monetary reserve, which was 

estimated to be $544,990 at the end of 

the 2016–2017 fiscal period, to remain 

unchanged during the 2017–2018 fiscal 

period. That amount would be within 

the provisions of the order and would 

provide the Committee with greater 

ability to absorb fluctuations in 

assessment income and expenses into 

the future. 

The proposed assessment rate would 

continue in effect indefinitely unless 

modified, suspended, or terminated by 

USDA upon recommendation and 

information submitted by the 

Committee or other available 

information. 

Although this assessment rate would 

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 would 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 2017–2018 budget, and 

those for subsequent fiscal periods, 

would be reviewed and, as appropriate, 

approved by USDA. 

Initial 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 

proposed rule on small entities. 

Accordingly, AMS has prepared this 

initial 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 1,200 

growers of processed pears in the 

regulated production area and 

approximately 50 processed pear 

handlers 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 $7,500,000. 

According to the Noncitrus Fruits and 

Nuts 2016 Summary issued in June 2017 

by the National Agricultural Statistics 

Service, the total farm-gate value of 

‘‘summer/fall’’ processed pears grown in 

Oregon and Washington for 2016 was 

$27,874,000. Based on the number of 

‘‘summer/fall’’ processed pear growers 

in the Oregon and Washington, the 

average gross revenue for each grower 

can be estimated at approximately 

$23,228 ($27,874,000 divided by 1,200). 

Furthermore, based on Committee 

records, the Committee has estimated 

that all of the Oregon-Washington pear 

handlers currently ship less than 

$7,500,000 worth of processed pears 

each on an annual basis. From this 

information, it is concluded that the 

majority of growers and handlers of 

Oregon and Washington processed pears 

may be classified as small entities. 

This proposed rule would increase 

the assessment rate established for the 

Committee, and collected from 

handlers, for the 2017–2018 and 

subsequent fiscal periods from $7.00 to 

$8.00 per ton for ‘‘summer/fall’’ pears 

for canning. The Committee 

unanimously recommended 2017–2018 

expenditures of $800,150 and an 

assessment rate of $8.00 per ton for 

‘‘summer/fall’’ pears for canning. The 

proposed assessment rate of $8.00 is 

$1.00 higher than the rate established 

for the 2012–2013 fiscal period. Because 

of the anticipated smaller crop, the 

Committee recommended to both lower 

budgeted expenses and increase the 

assessment rate for ‘‘summer/fall’’ pears 

in order to align assessment income 

with expenses. 

The 2017–2018 estimate of ‘‘summer/ 

fall’’ pears for canning is 100,000 tons. 

At the proposed $8.00 per ton 

assessment rate, the Committee 

anticipates that assessment income of 

approximately $800,000, along with 

interest income, would be adequate to 

cover budgeted expenses for the 2017– 


sradovich on DSKBBY8HB2PROD with PROPOSALS
43506 Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Proposed Rules 

2018 fiscal period of $800,150. With the 

proposed assessment rate and budgeted 

expense level, the Committee does not 

anticipate utilizing any funds from the 

monetary reserve. As such, reserve 

funds are estimated to be $544,990 at 

the end of the 2017–2018 fiscal period 

on June 30, 2018. That reserve level is 

within the maximum permitted by the 

order of approximately one fiscal 

period’s operational expenses 

(§ 927.42(a)). 

The major expenditures 

recommended by the Committee for the 

2017–2018 fiscal period include 

$605,606 for promotion and paid 

advertising; $147,694 for research; 

$25,000 for administration; and $21,850 

for Committee expenses. In comparison, 

major expenditures for the 2016–2017 

fiscal period included $682,130 for 

promotion and paid advertising; 

$127,288 for research; $25,000 for 

administration; and $20,850 for 

Committee expenses. 

The Committee discussed alternatives 

to this action, including recommending 

alternative expenditure levels and 

assessment rates. Although lower 

assessment rates were considered, none 

were selected because they would not 

have generated sufficient income to 

administer the order. Similarly, the 

Committee did not recommend lower 

levels of budgeted expenditures than 

proposed herein because it would have 

reduced the effectiveness of the 

program. 

A review of historical data and 

preliminary information pertaining to 

the upcoming fiscal period indicates 

that the grower price for the 2017–2018 

fiscal period could range between $325 

and $346 per ton of ‘‘summer/fall’’ 

processed pears. Therefore, the 

estimated assessment revenue for the 

2017–2018 fiscal period, as a percentage 

of total grower revenue could range 

between 2.31 and 2.46 percent. 

This action would increase the 

assessment obligation imposed on 

handlers. While assessments impose 

some additional costs on handlers, the 

costs are minimal and uniform on all 

handlers. Some of the additional costs 

may be passed on to growers. However, 

these costs would be offset by the 

benefits derived by the operation of the 

order. 

In addition, the Committee’s meeting 

was widely publicized throughout the 

processed 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 May 

31, 2017, meeting was a public meeting 

and all entities, both large and small, 

were able to express views on this issue. 

Finally, interested persons are invited to 

submit comments on this proposed rule, 

including the regulatory and 

informational 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 (Generic 

Fruit Crops). No changes in those 

requirements as a result of this action 

are necessary. Should any changes 

become necessary, they would be 

submitted to OMB for approval. 

This proposed rule would not impose 

any additional reporting or 

recordkeeping requirements on either 

small or large 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. 

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. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap or 

conflict with this action. 

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. 

A 15-day comment period is provided 

to allow interested persons to respond 

to this proposed rule. Fifteen days is 

deemed appropriate because handlers 

are aware of this action, which was 

unanimously recommended by the 

Committee at a public meeting. 

List of Subjects in 7 CFR Part 927 

Marketing agreements, Pears, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 927 is proposed to 

be amended 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. 

Subpart A—[AMENDED] 

■ 2. Designate the subpart labeled 

‘‘Order Regulating Handling’’ as subpart 

A. 

Subpart B—[Administrative 

Provisions] 

■ 3. Designate the subpart labeled 

‘‘Rules and Regulations’’ as subpart B 

and revise the heading as shown above. 

■ 4. Amend § 927.237 by revising the 

introductory text and paragraph (a) to 

read as follows: 

§ 927.237 Processed pear assessment 

rate. 

On and after July 1, 2017, the 

following base rates of assessment for 

pears for processing are established for 

the Processed Pear Committee: 

(a) $8.00 per ton for any or all 

varieties or subvarieties of pears for 

canning classified as ‘‘summer/fall’’ 

excluding pears for other methods of 

processing; 

* * * * * 

Dated: September 12, 2017. 

Bruce Summers, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2017–19615 Filed 9–15–17; 8:45 am] 

BILLING CODE 3410–02–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2017–0435; FRL–9967–51– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Arkansas; 

Revisions to Minor New Source Review 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Pursuant to the Federal Clean 

Air Act (CAA or the Act), the 

Environmental Protection Agency (EPA) 

is proposing to approve revisions to the 

Arkansas State Implementation Plan 

(SIP) minor New Source Review (NSR) 

program submitted on July 26, 2010, 

and March 24, 2017, including 

supplemental information provided on 

November 30, 2015, May 26, 2016, and 

July 27, 2017. Specifically, we are 

proposing to approve revisions that 

revise the minor NSR permitting 

thresholds and de minimis levels, as 

well as, additional non-substantive 

revisions. This proposed action is 

consistent with the requirements of 

section 110 of the CAA. 


sradovich on DSKBBY8HB2PROD with PROPOSALS