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

43667 

Vol. 82, No. 180 

Tuesday, September 19, 2017 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 986 

[Doc. No. AMS–SC–17–0027; SC17–986–1 

FR] 

Pecans Grown in the States of 

Alabama, Arkansas, Arizona, 

California, Florida, Georgia, Kansas, 

Louisiana, Missouri, Mississippi, North 

Carolina, New Mexico, Oklahoma, 

South Carolina, and Texas; 

Establishment of Assessment Rates 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule implements a 

recommendation from the American 

Pecan Council (Council) to establish the 

initial assessment rates for the 2016–17 

and subsequent fiscal years at $0.03 per 

pound for improved varieties, $0.02 per 

pound for native and seedling varieties, 

and $0.02 per pound for substandard 

pecans handled under the pecan 

marketing order (order). The Council 

locally administers the order and is 

comprised of growers and handlers of 

pecans operating within the production 

area and a public member. Assessments 

upon pecan handlers will be used by the 

Council to fund reasonable and 

necessary expenses of the program. The 

fiscal year begins October 1 and ends 

September 30. The assessment rates will 

remain in effect indefinitely unless 

modified, suspended, or terminated. 

DATES: Effective September 20, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Jennie M. Varela, Marketing Specialist, 

or Christian D. Nissen, Regional 

Director, Southeast Marketing Field 

Office, Marketing Order and Agreement 

Division, Specialty Crops Program, 

AMS, USDA; Telephone: (863) 324– 

3375, Fax: (863) 291–8614, or Email: 

Jennie.Varela@ams.usda.gov or 

Christian.Nissen@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 rule 

is issued under Marketing Agreement 

and Order No. 986 (7 CFR part 986), 

regulating the handling of pecans grown 

in the states of Alabama, Arkansas, 

Arizona, California, Florida, Georgia, 

Kansas, Louisiana, Missouri, 

Mississippi, North Carolina, New 

Mexico, Oklahoma, South Carolina, and 

Texas, 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 Orders 

13563 and 13175. This 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 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 marketing order now 

in effect, pecan handlers are subject to 

assessments. Funds to administer the 

order are derived from such 

assessments. It is intended that the 

assessment rates as issued herein will be 

applicable to all assessable pecans 

beginning with the 2016–17 fiscal year 

that began on October 1, 2016, 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 rule establishes assessment rates 

for the 2016–17 and subsequent fiscal 

years at $0.03 per pound for improved 

varieties and $0.02 per pound for native 

and seedling varieties and for 

substandard pecans handled. The 

assessment rates are applicable to all 

assessable pecans beginning on October 

1, 2016, and continue until amended, 

suspended, or terminated. 

The order provides authority for the 

Council, 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 Council are growers and 

handlers of pecans and a public 

member. They are familiar with the 

Council’s needs and with the costs for 

goods and services in their respective 

local areas and are thus in a position to 

formulate an appropriate budget and 

assessment rates. The assessment rates 

are formulated and discussed in a 

public meeting. Thus, all directly 

affected persons have an opportunity to 

participate and provide input. 

For the 2016–17 and subsequent fiscal 

years, the Council recommended, and 

USDA approved, assessment rates that 

would continue in effect from fiscal year 

to fiscal year unless modified, 

suspended, or terminated by USDA 

upon recommendation and information 

submitted by the Council or other 

information available to USDA. 

The Council met on November 17, 

2016, and unanimously recommended 

2016–17 expenditures of $6,000,000 and 

assessment rates of $0.03 per pound for 

improved varieties, $0.02 per pound for 

native and seedling varieties, and $0.02 

per pound for substandard pecans 

handled. These are the first budget of 


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43668 Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Rules and Regulations 

expenditures and assessment rates 

established under this order. 

The major expenditures 

recommended by the Council for the 

2016–17 year include $3,850,000 for 

marketing and promotion, $900,000 for 

administration, $250,000 for reporting 

and statistics, and $200,000 for 

compliance. 

The assessment rates recommended 

by the Council were derived by dividing 

anticipated expenses by expected 

shipments of pecans. Pecan shipments 

for the year are estimated at 260,000,000 

pounds, with about 75 percent, or an 

estimated 195 million pounds of 

improved varieties and about 25 percent 

of native and seedling varieties and 

substandard pecans. This should 

provide adequate assessment income to 

cover the budgeted expenses and 

establish the authorized reserve. Income 

derived from handler assessments 

should be adequate to cover budgeted 

expenses. As the Council has no 

established reserve, its budget also 

allocated $500,000 for reserve funds to 

be carried into the next fiscal year. This 

will be within the maximum permitted 

by the order of approximately three 

fiscal years’ expenses. If the assessment 

rates generate less money than is 

anticipated, the Council and the 

Agricultural Marketing Service (AMS) 

will adjust the budget accordingly. 

Although these assessment rates will 

be in effect for an indefinite period, the 

Council will continue to meet prior to 

or during each fiscal year to recommend 

a budget of expenses and consider 

recommendations for modification of 

the assessment rates. The dates and 

times of Council meetings are available 

from the Council or USDA. Council 

meetings are open to the public, and 

interested persons may express their 

views at these meetings. USDA will 

evaluate Council recommendations and 

other available information to determine 

whether modification of the assessment 

rate is needed. Further rulemaking will 

be undertaken as necessary. The 

Council’s budget for subsequent fiscal 

years 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), 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 2,500 

producers of pecans in the production 

area and approximately 250 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 $7,500,000 (13 

CFR 121.201). 

According to information from the 

National Agricultural Statistics Service 

(NASS), the average grower price for 

pecans during the 2015–16 season was 

$2.20 per pound, and 254 million 

pounds were utilized. The value for 

pecans in that year totaled $558.8 

million ($2.20 per pound multiplied by 

254 million pounds). Taking the total 

value of production for pecans and 

dividing it by the total number of pecan 

producers provides a return per grower 

of $223,520. Using the average price and 

utilization information, and assuming a 

normal distribution, the majority of 

growers have annual receipts of less 

than $750,000. 

Evidence presented at the order 

promulgation hearing indicates an 

average handler margin of $0.58 per 

pound for in-shell pecans for an 

estimated handler price of $2.78 per 

pound. With a total 2015 production of 

254 million pounds, the total value of 

production in 2015 was $706.12 million 

($2.78 per pound multiplied by 254 

million pounds). Taking the total value 

of production for pecans and dividing it 

by the total number of pecan handlers 

provides a return per handler of 

$2,824,480. Using this estimated price, 

the utilization volume, number of 

handlers, and assuming a normal 

distribution, the majority of handlers 

have annual receipts of less than 

$7,500,000. Thus, the majority of 

producers and handlers of pecans grown 

in the states of Alabama, Arkansas, 

Arizona, California, Florida, Georgia, 

Kansas, Louisiana, Missouri, 

Mississippi, North Carolina, New 

Mexico, Oklahoma, South Carolina, and 

Texas may be classified as small 

entities. 

This rule establishes the assessment 

rates to be collected from handlers for 

the 2016–17 and subsequent fiscal 

years. The Council unanimously 

recommended 2016–17 expenditures of 

$6,000,000 and an assessment rate of 

$0.03 per pound for improved varieties, 

$0.02 per pound for native and seedling 

varieties, and $0.02 per pound for 

substandard pecans handled. The 

quantity of pecans for the 2016–17 year 

is estimated at 260,000,000 pounds, 

with about 75 percent, or 195 million 

pounds, of improved varieties and about 

25 percent of native and seedling 

varieties and substandard pecans. This 

should provide adequate assessment 

income to cover the budgeted expenses 

and establish the authorized reserve. 

Income derived from handler 

assessments should be adequate to cover 

budgeted expenses. As the Council has 

no established reserve, its budget also 

allocated $500,000 for reserve funds to 

be carried into the next fiscal year. This 

will be within the maximum permitted 

by the order of approximately three 

fiscal years’ expenses. If the assessment 

rates generate less money than is 

anticipated, the Council and AMS will 

adjust the budget accordingly. 

The major expenditures 

recommended by the Council for the 

2016–17 fiscal year include $3,850,000 

for marketing and promotion, $900,000 

for administration, $250,000 for 

reporting and statistics, and $200,000 

for compliance. The Council’s budget 

also includes a reserve of $500,000. 

These are initial budget expenditures 

and assessment rates for the order. The 

order establishes a range of assessment 

rates that are permissible during the 

initial four years of the order. 

Specifically, improved varieties shall be 

initially assessed at $0.02 to $0.03 per 

pound and native, seedling, and 

substandard pecans shall be initially 

assessed at $0.01 to $0.02 per pound. 

Prior to arriving at this budget and 

assessment rates, the Council 

considered information from various 

sources, such as the Council’s 

Governance Committee and its 

Marketing, Research, and Development 

Committee. Alternative expenditure 

levels were discussed by these groups, 

based upon the relative value of various 

activities to the pecan industry. 

The Council also considered different 

assessment levels. Some members 

expressed concern regarding a $0.02 

assessment on native, seedling, and 

substandard pecans, given the prices of 

those pecans. Another member 

suggested the idea of establishing a 

lower rate for substandard pecans. The 

need to collect sufficient assessments to 

fund the start-up costs for the order and 

the development of a marketing program 

was also noted. After consideration and 

discussion, the Council unanimously 

supported the levels as recommended. 

A communication from one of the 

states in the production area that 

recommended postponing the 


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Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Rules and Regulations 43669 

establishment of an assessment rate was 

also considered. The Council 

determined that waiting until the next 

fiscal year to establish assessment rates 

would be costly in terms of time lost for 

a program that had been anticipated by 

the industry to improve its marketing. 

The Council also recognized that the 

industry had been notified through 

multiple outlets of communication of 

the possible range of assessments in the 

order. The Council expressed a 

preference to establish these rates and 

begin its work immediately rather than 

borrowing funds and being limited in its 

operations until the coming fiscal year. 

Therefore, these alternatives were 

rejected, and the Council ultimately 

determined that 2016–17 expenditures 

of $6,000,000 were appropriate and the 

recommended assessment rates would 

generate sufficient revenue to meet its 

expenses. 

A review of historical information and 

preliminary information pertaining to 

the upcoming production year indicates 

the grower price for the 2016–17 season 

could range between $1.73 and $2.31 

per pound for improved varieties, and 

between $0.88 and $1.36 per pound for 

native and seedling pecans. Therefore, 

the estimated assessment revenue for 

the 2016–17 crop year as a percentage 

of total grower revenue could range 

between 1.3 and 1.7 percent for 

improved pecans and 1.5 and 2.2 

percent for native and seedling pecans. 

This action establishes an 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 producers. However, these costs 

would be offset by the benefits derived 

by the operation of the marketing order. 

In addition, the Council’s meeting was 

widely publicized throughout the pecan 

industry and all interested persons were 

invited to attend the meeting and 

participate in Council deliberations on 

all issues. Like all Council meetings, the 

November 17, 2016, 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. 0581–0291 ‘‘Pecans 

Grown in AL, AR, AZ, CA, FL, GA, KS, 

LA, MO, MS, NC, NM, OK, SC and TX.’’ 

No changes in those requirements are 

necessary as a result of this action. 

However, the Council is recommending 

reporting requirements, to include 

information on pecans received, 

shipped, exported, or in inventory, 

which would facilitate the collection of 

the assessments. These requirements are 

being considered under a separate 

action. Should any changes to the 

information collection requirements 

become necessary, they would be 

submitted to OMB for approval. 

This rule imposes no additional 

reporting or recordkeeping requirements 

on either small or large pecan 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 

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 June, 13, 2017 (82 FR 

27028). Copies of the proposed rule 

were also mailed or sent via facsimile to 

all known pecan handlers. Finally, the 

proposal was made available through 

the internet by USDA and the Office of 

the Federal Register. A 30-day comment 

period ending July 13, 2017, was 

provided for interested persons to 

respond to the proposal. Two comments 

were received during the comment 

period in response to the proposal. The 

commenters included a State Farm 

Bureau and Council staff. 

Both comments expressed support for 

finalizing the proposed rule as issued. 

Each commenter valued the opportunity 

to market and promote pecans. One 

comment further highlighted the 

industry’s need for product research for 

market and economic development. 

Accordingly, no changes will be made 

to the rule as proposed, based on the 

comments 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 Council and other 

available information, it is hereby found 

that this rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act. 

Pursuant to 5 U.S.C. 553, it is also 

found and determined that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because handlers are aware of this 

action, which was unanimously 

recommended by the Council at a public 

meeting. The proposed rule provided for 

a 30-day comment period and no 

comments opposing the proposal were 

received. Furthermore, the 2016–17 

fiscal year ends on September 30, 2017, 

and the marketing order requires that 

the rate of assessment for each fiscal 

year apply to all pecans handled during 

such fiscal year. If this rule is not 

effective before September 30, 2017, the 

Council will not have sufficient funds to 

cover expenses it has incurred for the 

2016–17 crop year. 

List of Subjects in 7 CFR Part 986 

Marketing agreements, Pecans, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 986 is amended as 

follows: 

PART 986—PECANS GROWN IN THE 

STATES OF ALABAMA, ARKANSAS, 

ARIZONA, CALIFORNIA, FLORIDA, 

GEORGIA, KANSAS, LOUISIANA, 

MISSOURI, MISSISSIPPI, NORTH 

CAROLINA, NEW MEXICO, 

OKLAHOMA, SOUTH CAROLINA, AND 

TEXAS 

■ 1. The authority citation for 7 CFR 

part 986 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

§§ 986.1 through 986.99 [Designated as 

Subpart A] 

■ 2. Designate §§ 986.1 through 986.99 

as subpart A and add a heading for 

subpart A to read as follows: 

Subpart A—Order Regulating Handling 

of Pecans 

■ 3. Add subpart B, consisting of 

§ 986.161, to read as follows: 

Subpart B—Administrative Provisions 

§ 986.161 Assessment rates. 

On and after October 1, 2016, 

assessment rates of $0.03 per pound for 

pecans classified as improved, $0.02 per 

pound for pecans classified as native 

and seedling, and $0.02 per pound for 

pecans classified as substandard pecans 

are established. 


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43670 Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Rules and Regulations 

Dated: September 11, 2017. 

Bruce Summers, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2017–19554 Filed 9–18–17; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Rural Utilities Service 

7 CFR Part 1780 

RIN 0572–AC36 

Water and Waste Loans and Grants 

AGENCY: Rural Utilities Service, USDA. 

ACTION: Final rule. 

SUMMARY: The Rural Utilities Service 

(RUS), a Rural Development agency of 

the United States Department of 

Agriculture (USDA), is revising the 

regulation used to process water and 

waste disposal loans and grants to 

remove the reference to the 11–GO Bond 

Buyer Index. This change will allow the 

Agency to respond to changes in indices 

and potentially reduce the budget 

authority necessary to fund the program. 

DATES: This rule is effective October 19, 

2017. 

FOR FURTHER INFORMATION CONTACT: 

Susan Woolard, Community Programs 

Specialist, Rural Utilities Service, U.S. 

Department of Agriculture, STOP 1570, 

1400 Independence Ave. SW., 

Washington, DC 20250–0787, telephone: 

(202) 720–9631. Email contact 

susan.woolard@wdc.usda.gov. 

Additional Information about Rural 

Development and its programs is 

available on the Internet at https://

www.rd.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Executive Order 12866 

This final rule has been determined to 

be non-significant for purposes of 

Executive Order (E.O.) 12866 and 

therefore has not been reviewed by the 

Office of Management and Budget 

(OMB). 

Catalog of Federal Domestic Assistance 

The affected programs are listed in the 

Catalog of Federal Domestic Assistance 

(CFDA) Program under 10.760, Water 

and Waste Disposal Systems for Rural 

Communities. This catalog is available 

electronically through the free CFDA 

Web site on the Internet at https://

www.cfda.gov/. The print edition may 

be purchased by calling the 

Superintendent of Documents at (202) 

512–1800 or toll free at (866) 512–1800, 

or by ordering online at https://

bookstore.gpo.gov/. 

Executive Order 12372, 

Intergovernmental Review of Federal 

Programs 

This program is subject to the 

provisions of Executive Order 12372, 

which requires intergovernmental 

consultation with State and local 

officials. RUS conducts 

intergovernmental consultations for 

each loan in the manner delineated in 

2 CFR part 200 and 400. 

Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments 

The Agency has determined that this 

final rule does not have a substantial 

direct effect on one or more Indian 

tribe(s) or on either the relationship or 

the distribution of powers and 

responsibilities between the Federal 

Government and Indian tribes. Thus, 

this final rule is not subject to the 

requirements of Executive Order 13175. 

Consequently, the Agency will not 

conduct tribal consultation sessions. 

Executive Order 12988, Civil Justice 

Reform 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. In accordance with this 

final rule: (1) All State and local laws 

and regulations that are in conflict with 

this rule will be preempted; (2) No 

retroactive effect will be given to this 

rule; and (3) Administrative proceedings 

of the National Appeals Division (7 CFR 

part 11) must be exhausted before 

bringing suit in court challenging action 

taken under this rule. 

National Environmental Policy Act 

Certification 

The final rule has been reviewed in 

accordance with 7 CFR part 1970, 

Environmental Policies and Procedures. 

The Agency has determined that this 

action does not constitute a major 

Federal action significantly affecting the 

quality of the human environment and, 

in accordance with the National 

Environmental Policy Act (NEPA) of 

1969, 42 U.S.C. 4321 et seq., an 

Environmental Impact Statement is not 

required. Loan and grant applications 

will be reviewed individually to 

determine compliance with Agency 

environmental regulations and with 

NEPA. 

Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local, 

and tribal governments and the private 

sector. Under section 202 of the UMRA, 

RUS generally must prepare a written 

statement, including a cost-benefit 

analysis, for proposed and final rules 

with Federal mandates that may result 

in expenditures to State, local, or tribal 

governments, in the aggregate, or to the 

private sector, of $100 million or more 

in any one year. When such a statement 

is needed for a rule, section 205 of the 

UMRA generally requires RUS to 

identify and consider a reasonable 

number of regulatory alternatives and 

adopt the least costly, most costeffective, or least burdensome 

alternative that achieves the objectives 

of the rule. 

This final rule contains no Federal 

mandates (under the regulatory 

provisions of title II of the UMRA) for 

State, local, and tribal governments or 

the private sector. Therefore, this final 

rule is not subject to the requirements 

of sections 202 and 205 of the UMRA. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601–602) (RFA) generally 

requires an agency to prepare a 

regulatory flexibility analysis of any rule 

subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act (APA) or 

any other statute. This final rule; 

however, is not subject to the APA 

under 5 U.S.C. 553(a)(2) and 5 U.S.C. 

553(b)(3)(A) nor any other statute. 

Executive Order 13132, Federalism 

It has been determined, under E.O. 

13132, Federalism, that the policies 

contained in this final rule do not have 

any substantial direct effect on states, on 

the relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Nor does this final 

rule impose substantial direct 

compliance costs on state and local 

governments. Therefore, consultation 

with the states is not required. 

E-Government Act Compliance 

The Agency is committed to 

complying with the E-Government Act, 

which requires Government agencies in 

general to provide the public the option 

of submitting information or transacting 

business electronically to the maximum 

extent possible and 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. 


asabaliauskas on DSKBBXCHB2PROD with RULES