Oranges and Grapefruit Grown in Lower Rio Grande Valley in Texas; Decreased Assessment Rate, 3139-3140 [2015-01016]
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3139
Rules and Regulations
Federal Register
Vol. 80, No. 14
Thursday, January 22, 2015
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. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
site: https://www.ams.usda.gov/
MarketingOrdersSmallBusinessGuide;
or by contacting Jeffrey Smutny,
Marketing Order and Agreement
Division, Fruit and Vegetable Program,
AMS, USDA, 1400 Independence
Avenue SW., STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or Email:
Jeffrey.Smutny@ams.usda.gov.
This rule
is issued under Marketing Agreement
and Order No. 906, as amended (7 CFR
part 906), regulating the handling of
oranges and grapefruit grown in the
Lower Rio Grande Valley in 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.’’
USDA is issuing this rule in
conformance with Executive Orders
12866, 13563, and 13175.
Under the order, Texas orange and
grapefruit handlers are subject to
assessments, which provide funds to
administer the order. Assessment rates
issued under the order are intended to
be applicable to all assessable Texas
oranges and grapefruit for the entire
fiscal period, and continue indefinitely
until amended, suspended, or
terminated. The Committee’s fiscal
period begins on August 1, and ends on
July 31.
In an interim rule published in the
Federal Register on August 14, 2014,
and effective on August 15, 2014, (79 FR
47551, Doc. No. AMS–FV–14–0054,
FV14–906–3 IR), § 906.235 was
amended by decreasing the assessment
rate established for Texas citrus for the
2014–2015 and subsequent fiscal
periods from $0.16 to $0.11 per 7/10bushel carton or equivalent. The
decrease in the assessment rate is based
on reductions in funding for its
marketing program and management
fees while still providing adequate
funding to meet program expenses.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 906
[Doc. No. AMS–FV–14–0054; FV14–906–3
FIR]
Oranges and Grapefruit Grown in
Lower Rio Grande Valley in Texas;
Decreased Assessment Rate
Agricultural Marketing Service,
USDA.
ACTION: Affirmation of interim rule as
final rule.
AGENCY:
The Department of
Agriculture (USDA) is adopting, as a
final rule, without change, an interim
rule that decreased the assessment rate
established for the Texas Valley Citrus
Committee (Committee) for the 2014–15
and subsequent fiscal periods from
$0.16 to $0.11 per 7/10-bushel carton or
equivalent of oranges and grapefruit
handled. The Committee locally
administers the marketing order, which
regulates the handling of oranges and
grapefruit grown in the Lower Rio
Grande Valley in Texas. The interim
rule was necessary to decrease the
assessment rate to reflect reductions to
the marketing program and management
fees while still providing adequate
funding to meet program expenses.
DATES: Effective January 23, 2015.
FOR FURTHER INFORMATION CONTACT:
Doris Jamieson, Marketing Specialist or
Christian D. Nissen, Regional Director,
Southeast Marketing Field Office,
Marketing Order and Agreement
Division, Fruit and Vegetable Program,
AMS, USDA; Telephone: (863) 324–
3375, Fax: (863) 291–8614, or Email:
Doris.Jamieson@ams.usda.gov or
Christian.Nissen@ams.usda.gov.
Small businesses may obtain
information on complying with this and
other marketing order regulations by
viewing a guide at the following Web
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:25 Jan 21, 2015
Jkt 235001
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.
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
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 170
producers of oranges and grapefruit in
the production area and 13 handlers
subject to regulation under the
marketing order. Small agricultural
producers are defined by the Small
Business Administration (SBA) 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 $7,000,000 (13
CFR 121.201).
According to Committee data and
information from the National
Agricultural Statistics Service, the
weighted average grower price for Texas
citrus during the 2012–13 season was
around $12.98 per box and total
shipments were near 8.5 million boxes.
Using the weighted average price and
shipment information, and assuming a
normal distribution, the majority of
growers would have annual receipts of
less than $750,000. In addition, based
on available information, the majority of
handlers have annual receipts of less
than $7,000,000 and could be
considered small businesses under
SBA’s definition. Thus, the majority of
producers and handlers of Texas citrus
may be classified as small entities.
This rule continues in effect the
action that decreased the assessment
rate established for the Committee and
collected from handlers for the 2014–15
and subsequent fiscal periods from
$0.16 to $0.11 per 7/10-bushel carton or
equivalent of Texas citrus. The
Committee recommended 2014–15
expenditures of $809,500 and an
assessment rate of $0.11 per 7/10-bushel
carton or equivalent handled. The
assessment rate of $0.11 is $0.05 lower
than the 2013–14 rate. The quantity of
assessable oranges and grapefruit for the
2014–15 fiscal period is estimated at 8.2
million 7/10-bushel cartons. Thus, the
$0.11 rate should provide $902,000 in
assessment income and be adequate to
meet this year’s expenses. This action
decreases the assessment rate to reflect
E:\FR\FM\22JAR1.SGM
22JAR1
tkelley on DSK3SPTVN1PROD with RULES
3140
Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Rules and Regulations
reduced funding for the marketing
program and management fees while
still providing adequate funding to meet
program expenses.
This rule continues in effect the
action that decreased the assessment
obligation imposed on handlers.
Assessments are applied uniformly on
all handlers, and some of the costs may
be passed on to producers. However,
decreasing the assessment rate reduces
the burden on handlers, and may reduce
the burden on producers.
In addition, the Committee’s meeting
was widely publicized throughout the
Texas citrus industry and all interested
persons were invited to attend the
meeting and participate in Committee
deliberations on all issues. Like all
Committee meetings, the June 5, 2014,
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 the Office of
Management and Budget (OMB) and
assigned OMB No. 0581–0189 Generic
Fruit Crops. No changes in those
requirements as a result of this action
are anticipated. Should any changes
become necessary, they would be
submitted to OMB for approval.
This action imposes no additional
reporting or recordkeeping requirements
on either small or large Texas orange
and grapefruit 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.
USDA has not identified any relevant
Federal rules that duplicate, overlap or
conflict with this rule.
Comments on the interim rule were
required to be received on or before
October 14, 2014. No comments were
received. Therefore, for reasons given in
the interim rule, we are adopting the
interim rule as a final rule, without
change.
To view the interim rule, go to:
https://www.regulations.gov/
#!documentDetail;D=AMS-FV-14-00540001.
This action also affirms information
contained in the interim rule concerning
Executive Orders 12866, 12988, 13175,
and 13563; the Paperwork Reduction
Act (44 U.S.C. Chapter 35); and the EGov Act (44 U.S.C. 101).
After consideration of all relevant
material presented, it is found that
finalizing the interim rule, without
change, as published in the Federal
Register (79 FR 47551, August 14, 2014)
VerDate Sep<11>2014
16:25 Jan 21, 2015
Jkt 235001
will tend to effectuate the declared
policy of the Act.
List of Subjects in 7 CFR Part 906
Grapefruit, Marketing agreements,
Oranges, Reporting and recordkeeping
requirements.
PART 906—ORANGES AND
GRAPEFRUIT GROWN IN LOWER RIO
GRANDE VALLEY IN TEXAS
Accordingly, the interim rule
amending 7 CFR part 906, which was
published at 79 FR 47551 on August 14,
2014, is adopted as a final rule, without
change.
■
Dated: January 15, 2015.
Rex A. Barnes,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2015–01016 Filed 1–21–15; 8:45 am]
BILLING CODE P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 948
[Doc. No. AMS–FV–14–0092; FV15–948–1
IR]
Irish Potatoes Grown in Colorado;
Relaxation of the Handling Regulation
for Area No. 3
Agricultural Marketing Service,
USDA.
ACTION: Interim rule with request for
comments.
AGENCY:
This rule revises the
minimum quantity exception for
potatoes handled under the Colorado
potato marketing order, Area No. 3
(order). The order regulates the handling
of Irish potatoes grown in Colorado and
is administered locally by the Colorado
Potato Administrative Committee, Area
No. 3 (Committee). This rule increases
the quantity of potatoes that may be
handled under the order without regard
to the order’s handling regulation
requirements from 1,000 to 2,000
pounds. This action is expected to
benefit producers and handlers.
DATES: Effective January 23, 2015;
comments received by March 23, 2015
will be considered prior to issuance of
a final rule.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this rule. Comments must be
sent to the Docket Clerk, Marketing
Order and Agreement Division, Fruit
and Vegetable Program, AMS, USDA,
1400 Independence Avenue SW., STOP
0237, Washington, DC 20250–0237; Fax:
SUMMARY:
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
(202) 720–8938; or Internet: https://
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: https://www.regulations.gov. All
comments submitted in response to this
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
comments will be made public on the
internet at the address provided above.
FOR FURTHER INFORMATION CONTACT: Sue
Coleman, Marketing Specialist, or Gary
D. Olson, Regional Director, Northwest
Marketing Field Office, Marketing Order
and Agreement Division, Fruit and
Vegetable Program, AMS, USDA;
Telephone: (503) 326–2724, Fax: (503)
326–7440, or Email: Sue.Coleman@
ams.usda.gov or GaryD.Olson@
ams.usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Jeffrey Smutny,
Marketing Order and Agreement
Division, Fruit and Vegetable Program,
AMS, USDA, 1400 Independence
Avenue SW., STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or Email:
Jeffrey.Smutny@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This rule
is issued under Marketing Agreement
No. 97 and Order No. 948, both as
amended (7 CFR part 948), regulating
the handling of Irish potatoes grown in
Colorado, 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
12866, 13563, and 13175.
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. This 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
E:\FR\FM\22JAR1.SGM
22JAR1
]]>Agencies
[Federal Register Volume 80, Number 14 (Thursday, January 22, 2015)]
[Rules and Regulations]
[Pages 3139-3140]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01016]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
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.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 /
Rules and Regulations
[[Page 3139]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 906
[Doc. No. AMS-FV-14-0054; FV14-906-3 FIR]
Oranges and Grapefruit Grown in Lower Rio Grande Valley in Texas;
Decreased Assessment Rate
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Affirmation of interim rule as final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Agriculture (USDA) is adopting, as a final
rule, without change, an interim rule that decreased the assessment
rate established for the Texas Valley Citrus Committee (Committee) for
the 2014-15 and subsequent fiscal periods from $0.16 to $0.11 per 7/10-
bushel carton or equivalent of oranges and grapefruit handled. The
Committee locally administers the marketing order, which regulates the
handling of oranges and grapefruit grown in the Lower Rio Grande Valley
in Texas. The interim rule was necessary to decrease the assessment
rate to reflect reductions to the marketing program and management fees
while still providing adequate funding to meet program expenses.
DATES: Effective January 23, 2015.
FOR FURTHER INFORMATION CONTACT: Doris Jamieson, Marketing Specialist
or Christian D. Nissen, Regional Director, Southeast Marketing Field
Office, Marketing Order and Agreement Division, Fruit and Vegetable
Program, AMS, USDA; Telephone: (863) 324-3375, Fax: (863) 291-8614, or
Email: Doris.Jamieson@ams.usda.gov or Christian.Nissen@ams.usda.gov.
Small businesses may obtain information on complying with this and
other marketing order regulations by viewing a guide at the following
Web site: https://www.ams.usda.gov/MarketingOrdersSmallBusinessGuide; or
by contacting Jeffrey Smutny, Marketing Order and Agreement Division,
Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW.,
STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax:
(202) 720-8938, or Email: Jeffrey.Smutny@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing
Agreement and Order No. 906, as amended (7 CFR part 906), regulating
the handling of oranges and grapefruit grown in the Lower Rio Grande
Valley in 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.''
USDA is issuing this rule in conformance with Executive Orders
12866, 13563, and 13175.
Under the order, Texas orange and grapefruit handlers are subject
to assessments, which provide funds to administer the order. Assessment
rates issued under the order are intended to be applicable to all
assessable Texas oranges and grapefruit for the entire fiscal period,
and continue indefinitely until amended, suspended, or terminated. The
Committee's fiscal period begins on August 1, and ends on July 31.
In an interim rule published in the Federal Register on August 14,
2014, and effective on August 15, 2014, (79 FR 47551, Doc. No. AMS-FV-
14-0054, FV14-906-3 IR), Sec. 906.235 was amended by decreasing the
assessment rate established for Texas citrus for the 2014-2015 and
subsequent fiscal periods from $0.16 to $0.11 per 7/10-bushel carton or
equivalent. The decrease in the assessment rate is based on reductions
in funding for its marketing program and management fees while still
providing adequate funding to meet program expenses.
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 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 170 producers of oranges and grapefruit in
the production area and 13 handlers subject to regulation under the
marketing order. Small agricultural producers are defined by the Small
Business Administration (SBA) 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 $7,000,000 (13 CFR 121.201).
According to Committee data and information from the National
Agricultural Statistics Service, the weighted average grower price for
Texas citrus during the 2012-13 season was around $12.98 per box and
total shipments were near 8.5 million boxes. Using the weighted average
price and shipment information, and assuming a normal distribution, the
majority of growers would have annual receipts of less than $750,000.
In addition, based on available information, the majority of handlers
have annual receipts of less than $7,000,000 and could be considered
small businesses under SBA's definition. Thus, the majority of
producers and handlers of Texas citrus may be classified as small
entities.
This rule continues in effect the action that decreased the
assessment rate established for the Committee and collected from
handlers for the 2014-15 and subsequent fiscal periods from $0.16 to
$0.11 per 7/10-bushel carton or equivalent of Texas citrus. The
Committee recommended 2014-15 expenditures of $809,500 and an
assessment rate of $0.11 per 7/10-bushel carton or equivalent handled.
The assessment rate of $0.11 is $0.05 lower than the 2013-14 rate. The
quantity of assessable oranges and grapefruit for the 2014-15 fiscal
period is estimated at 8.2 million 7/10-bushel cartons. Thus, the $0.11
rate should provide $902,000 in assessment income and be adequate to
meet this year's expenses. This action decreases the assessment rate to
reflect
[[Page 3140]]
reduced funding for the marketing program and management fees while
still providing adequate funding to meet program expenses.
This rule continues in effect the action that decreased the
assessment obligation imposed on handlers. Assessments are applied
uniformly on all handlers, and some of the costs may be passed on to
producers. However, decreasing the assessment rate reduces the burden
on handlers, and may reduce the burden on producers.
In addition, the Committee's meeting was widely publicized
throughout the Texas citrus industry and all interested persons were
invited to attend the meeting and participate in Committee
deliberations on all issues. Like all Committee meetings, the June 5,
2014, 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 the Office of Management and Budget (OMB) and
assigned OMB No. 0581-0189 Generic Fruit Crops. No changes in those
requirements as a result of this action are anticipated. Should any
changes become necessary, they would be submitted to OMB for approval.
This action imposes no additional reporting or recordkeeping
requirements on either small or large Texas orange and grapefruit
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.
USDA has not identified any relevant Federal rules that duplicate,
overlap or conflict with this rule.
Comments on the interim rule were required to be received on or
before October 14, 2014. No comments were received. Therefore, for
reasons given in the interim rule, we are adopting the interim rule as
a final rule, without change.
To view the interim rule, go to: https://www.regulations.gov/#!documentDetail;D=AMS-FV-14-0054-0001.
This action also affirms information contained in the interim rule
concerning Executive Orders 12866, 12988, 13175, and 13563; the
Paperwork Reduction Act (44 U.S.C. Chapter 35); and the E-Gov Act (44
U.S.C. 101).
After consideration of all relevant material presented, it is found
that finalizing the interim rule, without change, as published in the
Federal Register (79 FR 47551, August 14, 2014) will tend to effectuate
the declared policy of the Act.
List of Subjects in 7 CFR Part 906
Grapefruit, Marketing agreements, Oranges, Reporting and
recordkeeping requirements.
PART 906--ORANGES AND GRAPEFRUIT GROWN IN LOWER RIO GRANDE VALLEY
IN TEXAS
0
Accordingly, the interim rule amending 7 CFR part 906, which was
published at 79 FR 47551 on August 14, 2014, is adopted as a final
rule, without change.
Dated: January 15, 2015.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2015-01016 Filed 1-21-15; 8:45 am]
BILLING CODE P
