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Proposed Rules
Federal Register Vol. 86, No. 231
Monday, December 6, 2021

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.

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service 7 CFR Part 983
Doc. No. AMSSC210068; SC219831
PR

Increased Assessment Rate for Pistachios Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
AGENCY:

This proposed rule would implement a recommendation from the Administrative Committee for Pistachios Committee to increase the assessment rate established for 202122
and subsequent production years. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
DATES: Comments must be received by January 5, 2022.
ADDRESSES: Interested persons are invited to submit written comments concerning this proposed rule.
Comments must be sent to the Docket Clerk electronically by Email:
MarketingOrderComment@usda.gov 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 available for public inspection in the Office of the Docket Clerk during regular business hours, or can be viewed at: https
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 individuals or entities submitting comments will be made public on the internet at the address provided above.
FOR FURTHER INFORMATION CONTACT:
Peter Sommers, Marketing Specialist, or Gary Olson, Regional Director, West Region Branch, Market Development Division, Specialty Crops Program, AMS, USDA; Telephone: 503 326

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2724 or Email: PeterR.Sommers@
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 202500237;
Telephone: 202 7202491, or Email:
Richard.Lower@usda.gov.
SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553, proposes to amend regulations issued to carry out a marketing order as defined in 7 CFR 900.2j. This proposed rule is issued under Marketing Agreement and Order No. 983, as amended 7 CFR part 983, regulating the handling of pistachios grown in California, Arizona, and New Mexico. Part 983 referred to as the Order is effective under the Agricultural Marketing Agreement Act of 1937, as amended 7 U.S.C. 601674, hereinafter referred to as the Act. The Committee locally administers the Order and is comprised of producers and handlers of pistachios operating within the production area, and a public member.
The Department of Agriculture USDA is issuing this proposed 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 proposed 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 proposed rule is unlikely to have substantial direct effects on one or more Indian tribes, on the relationship between the Federal
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Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.
This proposed rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the Order now in effect, pistachio handlers are subject to assessments. Funds to administer the Order are derived from such assessments. It is intended that the assessment rate would be applicable to all assessable pistachios for the 202122
production year and continue until amended, suspended, or terminated.
The production year runs from September 1 to August 31. This proposed rule is not intended to have retroactive effect.
The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c15A 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 USDAs ruling on the petition, provided an action is filed no later than 20 days after the date of the entry of the ruling.
This proposed rule would increase the assessment rate from $0.00015 per pound of pistachios, the rate established for 202021 and subsequent production years, to $0.0007 per pound of pistachios for 202122 and subsequent production years.
The Order authorizes the Committee, with the approval of USDA, to formulate an annual budget of expenses and collect assessments from handlers to administer the program. Members are familiar with the Committees needs and with 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, and all directly affected
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