Proposed Rule Almonds Accepted User Plan

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21. Amend § 97.403 by revising
paragraph (d) to read as follows:

■

§ 97.403

Manner of service.

*

*
*
*
*
(d) Whenever it shall be found by the
Commissioner or Secretary that none of
the above modes of serving the paper is
practicable, service may be by notice,
published once on the Plant Variety
Protection Office website (https://
www.ams.usda.gov/PVPO).
■ 22. Revise § 97.500 to read as follows:
§ 97.500

Appeal to U.S. Courts.

Any applicant dissatisfied with the
decision of the Secretary on appeal may
appeal to the U.S. Courts of Appeals for
the Federal Circuit, or institute a civil
action in the U.S. District Court as set
forth in the Act. In such cases, the
appellant or plaintiff shall give notice to
the Secretary, state the reasons for
appeal or civil action, and obtain a
certified copy of the record. The
certified copy of the record shall be
forwarded to the Court by the Plant
Variety Protection Office on order of,
and at the expense of the appellant or
plaintiff.
■ 23. Revise § 97.800 to read as follows:
§ 97.800 Publication of public variety
descriptions.

Voluntary submissions of varietal
descriptions of ‘‘public varieties’’ on
forms obtainable from the Office will be
accepted for publication on the Plant
Variety Protection Office website
(https://www.ams.usda.gov/PVPO).
Such publication shall not constitute
recognition that the variety is, in fact,
distinct, uniform, and stable.
Dated: July 8, 2019.
Bruce Summers,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2019–14799 Filed 7–11–19; 8:45 am]
BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 981

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[Doc. No. AMS–SC–18–0099; SC18–981–1
PR]

Almonds Grown in California;
Revisions to the Accepted User
Program Requirements and New
Information Collection
Agricultural Marketing Service,
USDA.
ACTION: Proposed rule.
AGENCY:

This proposed rule would
implement a recommendation from the

SUMMARY:

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Almond Board of California (Board) to
revise the almond accepted user
program requirements currently
prescribed under the Marketing Order
for Almonds Grown in California
(Order). In addition, this action would
prohibit the transfer of inedible material
between accepted users. This proposal
also announces the Agricultural
Marketing Service’s (AMS) intention to
request approval from the Office of
Management and Budget (OMB) of a
new information collection and to make
a conforming change to an existing
form.
DATES: Comments must be received by
August 12, 2019. Comments on the
forms and information collection must
be received by September 10, 2019.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this proposal. 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. All
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 proposal
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:
Peter Sommers, Marketing Specialist, or
Terry Vawter, Regional Director,
California Marketing Field Office,
Marketing Order and Agreement
Division, Specialty Crops Program,
AMS, USDA; Telephone: (559) 487–
5901, Fax: (559) 487–5906, or Email:
[email protected] or
[email protected].
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:
[email protected].
SUPPLEMENTARY INFORMATION: This
action, pursuant to 5 U.S.C. 553,
proposes an amendment to regulations
issued to carry out a marketing order as

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defined in 7 CFR 900.2(j). This proposed
rule is issued under Marketing Order
No. 981, as amended (7 CFR part 981),
regulating the handling of almonds
grown in California. Part 981 (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
Board locally administers the Order and
is comprised of growers and handlers
operating within California.
The Department of Agriculture
(USDA) is issuing this proposed rule in
conformance with Executive Orders
13563 and 13175. This action falls
within a category of regulatory actions
that OMB exempted from Executive
Order 12866 review. 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. 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 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. A 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 invites comments
on revisions to the almond accepted
user program requirements currently
prescribed under the Order. This
proposal would require accepted users
to dispose of inedible material within
six months of receipt, submit public
weighmaster weight certificates within
10 business days of receipt of inedible
material, and submit an accepted user
plan annually. In addition, this action
would prohibit the transfer of inedible
material between accepted users,
establish a new information collection,

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Federal Register / Vol. 84, No. 134 / Friday, July 12, 2019 / Proposed Rules
and make conforming changes to an
existing form. The Board unanimously
recommended these changes at its
December 4, 2018, meeting.
Section 981.42 provides authority to
the Board to impose quality control
requirements. Paragraph (a) of that
section obligates each handler to have
their almonds inspected to determine
the percentage of inedible kernels out of
the total kernel weight received.
Inspection results are sent to the Board.
Inedible kernels in excess of two
percent of the total represent the
handler’s ‘‘inedible disposition
obligation’’ (obligation). Handlers are
required to dispose of their obligation
by delivering it to the Board or an
approved accepted user (crusher, feed
manufacturer, feeder or dealer in nut
waste). This section also gives the Board
the authority to establish rules and
regulations necessary and incidental to
the administration of the inedible
program.
Quality control requirements in
section 981.442(a)(7) contain criteria to
which accepted users must adhere to be
eligible to receive disposition
obligations. These include completing
an application and business data sheet,
as well as maintaining prompt and
accurate reporting of disposition notices
and a public weighmaster weight
certificate for each lot received. The
Board may deny or revoke accepted user
status at any time if the accepted user
fails to meet these terms and conditions.
Proper delivery of the obligation is
tracked and credited to the handler
through the completion of the Board’s
‘‘Form 8—Inedible and Exempt Outlet
Disposition.’’ Part A of the form is
submitted to the Board by the handler
and Part B, supported by a public
weighmaster weight certificate, is
submitted to the Board by the accepted
user. The Order currently does not
specify deadlines by which accepted
users are required to dispose of inedible
kernels or when to submit the public
weighmaster weight certificate to the
Board. With no specified deadlines,
accepted users are not required to
dispose of the inedible kernels in the
same crop year they received the
material. This has led to handlers not
receiving timely credit for their
disposition obligation.
The proposed changes in this action
would require accepted users to dispose
of inedible material within six months
of receipt and to submit public
weighmaster weight certificates within
10 business days of receipt of inedible
material. These changes would improve
the timeliness and proper tracking of
handler disposition obligations.

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This action also proposes a new
information collection in the form of an
annual submission of an accepted user
plan. The user plan would provide a
detailed description of how the
accepted user would receive, store, use
and document inedible material
received. This would be an additional
verification tool during accepted user
annual reviews. The proposal also
clarifies that an application and
business sheet must be completed and
submitted annually, as well.
Conforming changes to existing forms
would also be required.
Lastly, current regulations do not
prohibit the transfer of inedible material
between accepted users. Since
transferring inedible material is not
prohibited, material may be transferred
an unlimited number of times between
accepted users, which has made handler
disposition obligations increasingly
difficult to properly track and verify.
Specifying deadlines for submission of
required documentation, requiring the
annual submission of an accepted user
plan, along with prohibiting the transfer
of product between accepted users,
would increase the effectiveness of the
Board’s compliance and verification
activities.
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 are unique in that they are brought
about through group action of
essentially small entities acting on their
own behalf.
There are approximately 6,800
almond growers in the production area
and approximately 100 almond handlers
subject to regulation under the Order.
Small agricultural service firms are
defined by the Small Business
Administration (SBA) as those having
annual receipts of less than $7,500,000,
and small agricultural producers are
defined as those having annual receipts
of less than $750,000 (13 CFR 121.201).
The National Agricultural Statistics
Service (NASS) reported in its most
recent (2017) Agricultural Census that
there were 7,611 almond farms in the
production area (California), of which
6,683 had bearing acres. The following

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computation provides an estimate of the
proportion of agricultural producers
(farms) and agricultural service firms
(handlers) that would be considered
small under the SBA definitions.
The NASS Census data indicate that
out of the 6,683 California farms with
bearing acres of almonds, 4,425 (66
percent) have fewer than 100 bearing
acres.
For the almond industry’s most
recently reported crop year (2017),
NASS reported an average yield of 2,270
pounds per acre and a season average
grower price of $2.53 per pound. A 100acre farm with an average yield of 2,270
pounds per acre would produce about
227,000 pounds of almonds. At $2.53
per pound, that farm’s production
would be valued at $574,310. The
Census of Agriculture indicates that the
majority of California’s almond farms
are smaller than 100 acres; therefore, it
could be concluded that the majority of
growers had annual receipts from the
sale of almonds in 2017–18 of less than
$574,310, which is below the SBA
threshold of $750,000. Thus, over twothirds of California’s almond growers
may be classified as small businesses
according to SBA’s definition.
There is no representative handler
price available. Therefore, to estimate
the proportion of almond handlers that
may be considered small businesses, the
unit value per shelled pound of
almonds exported was used as a
reasonable representation of a handlerlevel price. A unit value for a
commodity is the value of exports
divided by the quantity. Data from the
Global Agricultural Trade System
database of USDA’s Foreign Agricultural
Service showed that the value of
almond exports from August 2016 to
July 2017 (combining shelled and
inshell almonds) was $4.072 billion.
The quantity of almond exports over
that time period was 1.406 billion
pounds, combining shelled exports and
the shelled equivalent of inshell
exports. Dividing the export value by
the quantity yields a unit value of $2.90
per pound. Subtracting this figure from
the NASS 2016 estimate of season
average grower price per pound ($2.44)
yields $0.46 per pound as a
representative grower-handler margin.
Applying the $2.90 representative
handler price per pound to 2016–17
handler shipment quantities provided
by the Board shows that approximately
40 percent of California’s almond
handlers shipped almonds valued under
$7,500,000 for that crop year. Therefore,
40 percent of handlers may be
considered small businesses according
to the SBA definition.

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Federal Register / Vol. 84, No. 134 / Friday, July 12, 2019 / Proposed Rules

This proposal would require, among
other things, accepted users to dispose
of inedible material within six months
of receipt, submit public weighmaster
weight certificates within 10 business
days of receipt of inedible material, and
submit an annual accepted user plan. In
addition, this action would prohibit the
transfer of inedible material between
accepted users. Authority for this action
is provided in § 981.42(a) of the Order.
The Board recommended this action at
a meeting on December 4, 2018.
It is not anticipated that this action
would impose additional costs on
handlers, growers, or accepted users,
regardless of size. The proposed changes
would increase the effectiveness of the
Board’s verification and compliance
activities.
The Board considered alternatives to
this action, including not changing the
current accepted user eligibility
requirements. Prior to making its
recommendation to the Secretary, a
taskforce was created by the Board to
review the accepted user program and
make recommendations to the Board’s
Almond Quality, Food Safety and
Services Committee (Committee). The
Committee reviewed the program and
the taskforce’s recommendations and
determined that the recommended
changes were necessary to ensure the
continued effectiveness of the program.
Therefore, the Committee unanimously
recommended this action to the Board.
This proposed rule would impose
additional reporting and recordkeeping
requirements on companies that
participate in the accepted user
program. Accepted users would be
required to submit a user plan to the
Board annually. This new form and a
sample ‘‘Accepted User Plan’’ are being
submitted to OMB for approval under
OMB Control No. 0581–0178. Specific
burdens for the accepted user plan are
detailed later in this document in the
section titled ‘‘Paperwork Reduction
Act.’’ In addition, this proposed rule
would require changes to the Board’s
existing Form ABC 8 and Form ABC 34.
The changes are minor and the currently
approved burden for the forms should
not be affected by the proposed changes
to the forms. The revised forms have
been submitted to OMB for approval.
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. USDA has not
identified any relevant Federal rules
that duplicate, overlap or conflict with
this proposed rule.
AMS is committed to complying with
the E-Government Act, to promote the

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use of the internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
The Board’s meeting was widely
publicized throughout the almond
industry, and all interested persons
were invited to attend the meeting and
participate in Board deliberations. Like
all Board meetings, the December 4,
2018, meeting was a public meeting,
and all entities, both large and small,
were able to express their views on this
issue.
Also, the Board has a number of
appointed committees to review certain
issues and make recommendations to
the Board. The Committee met and
discussed this issue in detail. That
meeting was also a public meeting, and
both large and small entities were able
to participate and express their views.

employees of the Board. All proprietary
information would be kept confidential
in accordance with the Act and the
Order.
The Board developed this form to
assist accepted users in documenting
the proper handling and disposition of
inedible material. The purpose of the
form would be to ensure compliance
with the accepted user program
requirements.
Upon OMB approval of the new form
and the information collection package,
AMS will request OMB approval to
merge the new form and this
information collection with the
currently approved information
collection OMB control number 0581–
0178 (Vegetable and Specialty Crops).
The proposed request for new
information collection under the Order
is as follows:

Paperwork Reduction Act
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
chapter 35), this notice announces
AMS’s intent to request approval from
OMB for a new information collection
under OMB No. 0581–NEW. The new
form will be merged with the forms
currently approved under OMB No.
0581–0178 (Vegetable and Specialty
Crops).
Title: Almonds Grown in California;
Marketing Order No. 981.
OMB Number: 0581–NEW.
Type of Request: New Collection.
Abstract: The information
requirements in this request are
essential to carry out the intent of the
Act to provide the respondents the type
of service they request, and to
administer the almond marketing order.
USDA is responsible for overseeing the
Order regulating the handling of
almonds grown in California. The Order
is effective under the Act.
On December 4, 2018, the Board
unanimously recommended that
accepted users subject to the Order
provide the Board with a report
indicating how inedible material will be
received, stored, used and documented.
This form, titled ‘‘Accepted User Plan’’
would be submitted directly to the
Board by July 31 of each year. The
report would provide the Board with
information on how each accepted user
would meet the requirements of the
accepted user program.
The Order authorizes the Board to
collect certain information as required.
The information collected would only
be used by authorized representatives of
the USDA, including the AMS Specialty
Crops Program regional and
headquarters staff, and authorized

Estimate of Burden: Public reporting
burden for this collection is estimated to
be an average of 2 hours per response.
Respondents: Accepted users subject
to the marketing order regulating
almonds grown in California.
Estimated Number of Respondents:
24.
Estimated Number of Responses per
Respondent: 1.
Estimated Total Annual Burden on
Respondents: 48 hours.
Comments are invited on: (1) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the Agency,
including whether the information will
have practical utility; (2) the accuracy of
the Agency’s estimate of the burden of
the proposed collection of information,
including the validity of the
methodology and assumptions used; (3)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (4) ways to minimize the
burden of the collection of information
on those who are to respond, including
the use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology.
Comments should reference OMB No.
0581–NEW and the Marketing Order for
Almonds Grown in California and
should be sent to the USDA in care of
the Docket Clerk at the previously
mentioned address or at http://
www.regulations.gov.
All responses to this notice will be
summarized and included in the request
for OMB approval. All comments
received will become a matter of public
record and will be available for public
inspection during regular business

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Accepted User Plan (Form ABC 30)

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Federal Register / Vol. 84, No. 134 / Friday, July 12, 2019 / Proposed Rules
hours at the address of the Docket Clerk
or at http://www.regulations.gov.
If this proposed rule is finalized, this
information collection will be merged
with the forms currently approved
under OMB No. 0581–0178 (Vegetable
and Specialty Crops).
A 30-day comment period is provided
to allow interested persons to respond
to all parts of this proposal. All written
comments timely received will be
considered before a final determination
is made on this matter.
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.

(vi) Disposal of inedible almond
material received with no transfer of the
material between accepted users.
(vii) The Board may deny or revoke
accepted user status at any time if the
applicant or accepted user fails to meet
the terms and conditions of § 981.442,
or if the applicant or accepted user fails
to meet the terms and conditions set
forth in the accepted user application
(Form ABC 34).
(viii) The eligibility of accepted users
shall be reviewed annually by the
Board. Handlers will not receive credit
towards their disposition obligations
pursuant to paragraph (a)(4) of this
section for inedible lots where the
difference between the weight of the lot
reported by the inspection agency on
Form ABC 8 and the weight of the lot
reported on the public weighmaster
weight certificate exceeds 2.0 percent.
*
*
*
*
*

List of Subjects in 7 CFR Part 981

Dated: July 8, 2019.
Bruce Summers,
Administrator, Agricultural Marketing
Service.

Almonds, Marketing agreements,
Nuts, Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 7 CFR part 981 is proposed to
be amended as follows:

Federal Aviation Administration

1. The authority citation for 7 CFR
part 981 continues to read as follows:

■

14 CFR Part 39
[Docket No. FAA–2019–0479; Product
Identifier 2019–NM–020–AD]

Authority: 7 U.S.C. 601–674.

2. Amend § 981.442 by revising
paragraph (a)(7) to read as follows:

■

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RIN 2120–AA64

Quality Control.

(a) * * *
(7) Accepted Users. An accepted
user’s eligibility shall be subject to the
following criteria:
(i) Annual completion of an
application with the Board for accepted
user status;
(ii) Annual submission of a business
data sheet to the Board;
(iii) Annual submission of an
Accepted User Plan (Form ABC 30) to
the Board by July 31 of each year;
(iv) The accurate and prompt
submission of Form ABC 8 Part B to the
Board for each lot of almonds received.
Each lot of inedible almonds received
must be supported by a public
weighmaster weight certificate issued at
the request of the accepted user at the
time of receipt of the lot. Weighmaster
weight certificates must be submitted to
the Board within 10 business days of
issuance;
(v) Disposal of inedible almond
material within 6 months of receipt; and

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BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

PART 981—ALMONDS GROWN IN
CALIFORNIA

§ 981.442

[FR Doc. 2019–14797 Filed 7–11–19; 8:45 am]

Airworthiness Directives; Bombardier,
Inc., Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:

The FAA proposes to
supersede Airworthiness Directive (AD)
2009–09–02, which applies to certain
Bombardier, Inc., Model DHC–8–400
series airplanes. AD 2009–09–02
requires repetitive inspections for
damage of certain main landing gear
(MLG) forward stabilizer brace
assemblies, repetitive inspections for
cracking of both MLG forward stabilizer
braces, liquid penetrant inspections for
cracking, and corrective actions if
necessary. Since the FAA issued AD
2009–09–02, the FAA has determined
that the installation of an elbow
restrictor is necessary to address the
unsafe condition which would extend
the repetitive inspection interval. This
proposed AD would retain the existing

SUMMARY:

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33185

actions and also require installation of
an elbow restrictor. The FAA is
proposing this AD to address the unsafe
condition on these products.
DATES: The FAA must receive comments
on this proposed AD by August 26,
2019.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
http://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For Bombardier service information
identified in this NPRM, contact
Bombardier, Inc., Q-Series Technical
Help Desk, 123 Garratt Boulevard,
Toronto, Ontario M3K 1Y5, Canada;
telephone 416–375–4000; fax 416–375–
4539; email thd.qseries@
aero.bombardier.com; internet http://
www.bombardier.com. For Goodrich
service information identified in this
NPRM, contact Collins Aerospace, 1400
South Service Road West, Oakville,
Ontario L6L 5Y7, Canada; telephone:
905–827–7777. You may view this
referenced service information at the
FAA, Transport Standards Branch, 2200
South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
Examining the AD Docket
You may examine the AD docket on
the internet at http://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0479; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this NPRM, the
regulatory evaluation, any comments
received, and other information. The
street address for Docket Operations is
listed above. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT:
Andrea Jimenez, Aerospace Engineer,
Airframe and Mechanical Systems
Section, FAA, New York ACO Branch,
1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516–
228–7330; fax 516–794–5531; email [email protected].
SUPPLEMENTARY INFORMATION:

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