Tomatoes Grown in Florida; Decreased Assessment Rate, 10976-10978 [E8-3801]
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10976
Federal Register / Vol. 73, No. 41 / Friday, February 29, 2008 / Rules and Regulations
(2) The issuance of this amendatory
order, further amending the aforesaid
order, is favored or approved by at least
two-thirds of the producers who
participated in a referendum and who,
during the period August 1, 2006
through July 31, 2007 (which has been
determined to be a representative
period), have been engaged within the
production area in the production of
onions for market, such producers
having also produced for market at least
two-thirds of the volume of such
commodity represented in the
referendum.
(3) In the absence of a signed
marketing agreement, the issuance of
this amendatory order is the only
practical means pursuant to the
declared policy of the Act of advancing
the interests of producers of onions in
the production area.
Order Relative to Handling of Onions
Grown in South Texas
It is therefore ordered, That on and
after the effective date hereof, all
handling of onions grown in South
Texas shall be in conformity to, and in
compliance with, the terms and
conditions of the said order as hereby
amended as follows:
The provisions of proposals contained
in Material Issue numbers 2 and 5 of the
proposed order amending the order
contained in the Recommended
Decision issued by the Administrator on
March 29, 2007, and published in the
Federal Register on April 6, 2007, shall
be and are the terms and provisions of
this order amending the order and set
forth in full herein.
List of Subjects in 7 CFR Part 959
Marketing agreements, Onions,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, Title 7 of Chapter XI of the
Code of Federal Regulations is amended
by amending part 959 as follows:
I
PART 959—ONIONS GROWN IN
SOUTH TEXAS
1. The authority citation for 7 CFR
part 959 continues to read as follows:
I
Authority: 7 U.S.C. 601–674.
2. Add a new paragraph (e) to § 959.42
to read as follows:
I
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§ 959.42
Assessments.
*
*
*
*
*
(e) If a handler does not pay
assessments within the time prescribed
by the committee, the assessment may
be increased by a late payment charge
and/or an interest rate charge at
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amounts prescribed by the committee
with approval of the Secretary.
I 3. In § 959.84, redesignate paragraph
(d) as paragraph (e) and add a new
paragraph (d) to read as follows:
§ 959.84
Termination.
*
*
*
*
*
(d) The Secretary shall conduct a
referendum within six years after the
effective date of this paragraph and
every sixth year thereafter to ascertain
whether continuance is favored by
producers. The Secretary would
consider termination of this part if less
than two-thirds of the growers voting in
the referendum and growers of less than
two-thirds of the volume of onions
represented in the referendum favor
continuance.
*
*
*
*
*
Dated: February 26, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. E8–3944 Filed 2–28–08; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 966
[Docket No. AMS–FV–07–0014; FV07–966–
2 FIR]
Tomatoes Grown in Florida; Decreased
Assessment Rate
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
SUMMARY: The Department of
Agriculture (USDA) is adopting, as a
final rule, without change, an interim
final rule which decreased the
assessment rate established for the
Florida Tomato Committee (Committee)
for the 2007–08 and subsequent fiscal
periods from $0.035 to $0.0325 per 25pound carton of tomatoes handled. The
Committee locally administers the
marketing order which regulates the
handling of tomatoes grown in Florida.
Assessments upon tomato handlers are
used by the Committee to fund
reasonable and necessary expenses of
the program. The fiscal period begins
August 1 and ends July 31. The
assessment rate will remain in effect
indefinitely unless modified,
suspended, or terminated.
DATES: Effective Date: March 31,2008.
FOR FURTHER INFORMATION CONTACT:
William G. Pimental, Marketing
Specialist or Christian D. Nissen,
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
Regional Manager, Southeast Marketing
Field Office, Marketing Order
Administration Branch, Fruit and
Vegetable Programs, AMS, USDA;
Telephone: (863) 324–3375, Fax: (863)
325–8793, or E-mail:
William.Pimental@usda.gov or
Christian.Nissen@usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Jay Guerber,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence
Avenue, SW., STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or E-mail:
Jay.Guerber@usda.gov.
This rule
is issued under Marketing Agreement
No. 125 and Order No. 966, both as
amended (7 CFR part 966), regulating
the handling of tomatoes grown in
Florida, 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 Order
12866.
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. Under the marketing order now
in effect, Florida tomato handlers are
subject to assessments. Funds to
administer the order are derived from
such assessments. It is intended that the
assessment rate as issued herein will be
applicable to all assessable tomatoes
beginning August 1, 2007, and continue
until amended, suspended, or
terminated. This rule will not preempt
any State or local laws, regulations, or
policies, unless they present an
irreconcilable conflict with this rule.
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.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 73, No. 41 / Friday, February 29, 2008 / Rules and Regulations
This rule continues in effect the
action that decreased the assessment
rate established for the Committee for
the 2007–08 and subsequent fiscal
periods from $0.035 per 25-pound
carton to $0.0325 per 25-pound carton
of tomatoes.
The Florida tomato marketing 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 producers of
Florida tomatoes. 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 2006–07 and subsequent fiscal
periods, the Committee recommended,
and USDA approved, an assessment rate
that would continue 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 August 23,
2007, and unanimously recommended
2007–08 expenditures of $2,101,000.00
and an assessment rate of $0.0325 per
25-pound carton of tomatoes. In
comparison, last year’s budgeted
expenditures were $2,193,700. The
assessment rate of $0.0325 is $0.0025
lower than the rate previously in effect.
Last season the industry shipped 2.6
million 25-pound cartons more than the
Committee had anticipated, providing
greater revenues than expected from
assessments. The Committee’s 2006–07
expenses were $200,000 less than
budgeted, and they utilized less from
reserves than anticipated. The
Committee also recommended a
reduced budget for 2007–08. Therefore,
the Committee voted to recommend a
reduced assessment rate.
The major expenditures
recommended by the Committee for the
2007–08 year include $900,000 for
education and promotion, $467,000 for
salaries, $320,000 for research, and
$71,000 for employee retirement.
Budgeted expenses for these items in
2006–07 were $1,000,000, $445,900,
$320,000, and $67,000, respectively.
The assessment rate recommended by
the Committee was derived by dividing
anticipated expenses, less carry-in and
reserve revenues totaling $476,000, by
expected shipments of Florida tomatoes.
Tomato shipments for the year are
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15:40 Feb 28, 2008
Jkt 214001
estimated at 50 million 25-pound
cartons, which should provide
$1,625,000 in assessment income.
Income derived from handler
assessments, along with interest income
and funds from the Committee’s
authorized reserve will be adequate to
cover budgeted expenses. Funds in the
reserve (currently approximately
$780,000) will be kept within the
maximum permitted by § 966.44 of the
order, which states that excess funds
cannot exceed one fiscal period’s
expenses.
The assessment rate will 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 is
effective 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 will evaluate Committee
recommendations and other available
information to determine whether
modification of the assessment rate is
needed. Further rulemaking will be
undertaken as necessary. The
Committee’s 2007–08 budget and those
for subsequent fiscal periods will be
reviewed and, as appropriate, approved
by USDA.
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in
the Regulatory Flexibility Act (RFA), the
Agricultural Marketing Service (AMS)
has considered the economic impact of
this action 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
business 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 100
producers of tomatoes in the production
area and approximately 70 handlers
subject to regulation under the
marketing order. Small agricultural
producers are defined by the Small
Business Administration (13 CFR
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
10977
121.201) as those having annual receipts
less than $750,000, and small
agricultural service firms are defined as
those whose annual receipts are less
than $6,500,000.
Based on industry and Committee
data, the average annual price for fresh
Florida tomatoes during the 2006–07
season was approximately $7.69 per 25pound container, and total fresh
shipments for the 2006–07 season were
52,505,687 25-pound cartons of
tomatoes. Committee data indicates that
approximately 25 percent of the
handlers handle 94 percent of the total
volume shipped outside the regulated
area. Based on the average price, about
75 percent of handlers could be
considered small businesses under
SBA’s definition. In addition, based on
production data, grower prices as
reported by the National Agricultural
Statistics Service, and the total number
of Florida tomato growers, the average
annual grower revenue is below
$750,000. Thus, the majority of handlers
and producers of Florida tomatoes 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 2007–08
and subsequent fiscal periods from
$0.035 to $0.0325 per 25-pound carton
of tomatoes. The Committee
unanimously recommended 2007–08
expenditures of $2,101,000 and an
assessment rate of $0.0325 per 25-pound
carton. The assessment rate of $0.0325
is $0.0025 lower than the 2006–07 rate.
The quantity of assessable tomatoes for
the 2007–08 season is estimated at 50
million 25-pound cartons. Thus, the
$0.0325 rate should provide $1,625,000
in assessment income. Income derived
from handler assessments, along with
interest income and funds from the
Committee’s authorized reserve will be
adequate to cover budgeted expenses.
The major expenditures
recommended by the Committee for the
2007–08 year include $900,000 for
education and promotion, $467,000 for
salaries, $320,000 for research, and
$71,000 for employee retirement.
Budgeted expenses for these items in
2006–07 were $1,000,000, $445,900,
$320,000, and $67,000, respectively.
Last season the industry shipped 2.6
million 25-pound cartons more than the
Committee had anticipated, providing
greater revenues than expected from
assessments. The Committee’s 2006–07
expenses were $200,000 less than
budgeted, and they utilized less from
reserves than anticipated. The
Committee also recommended a
reduced budget for 2007–08. Therefore,
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10978
Federal Register / Vol. 73, No. 41 / Friday, February 29, 2008 / Rules and Regulations
the Committee voted to recommend a
reduced assessment rate.
The Committee reviewed and
unanimously recommended 2007–08
expenditures of $2,101,000, which
included a decrease in the education
and promotion budget. Prior to arriving
at this budget, the Committee
considered information from various
sources, such as the Committee’s
Executive Subcommittee, Finance
Subcommittee, Research Subcommittee,
and Education and Promotion
Subcommittee. Alternative expenditure
levels were discussed by these groups,
based upon the relative value of various
research projects to the tomato industry.
The assessment rate of $0.0325 per 25pound carton of assessable tomatoes
was then determined by dividing the
total recommended budget, less carry-in
and reserve revenues totaling $476,000,
by the quantity of tomatoes, estimated at
50 million 25-pound cartons for the
2007–08 fiscal period.
A review of historical information and
preliminary information pertaining to
the upcoming 2007–08 fiscal period
indicates that the grower price for the
2007–08 season could range between
$3.89 and $16.05 per 25-pound carton of
tomatoes. Therefore, the estimated
assessment revenue for the 2007–08
fiscal period as a percentage of total
grower revenue could range between 0.2
and 0.8 percent.
This action 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 Florida
tomato industry and all interested
persons were invited to attend the
meeting and participate in Committee
deliberations on all issues. Like all
Committee meetings, the August 23,
2007, meeting was a public meeting and
all entities, both large and small, were
able to express views on this issue.
This action imposes no additional
reporting or recordkeeping requirements
on either small or large Florida tomato
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. In addition, as noted in
the initial regulatory flexibility analysis,
USDA has not identified any relevant
Federal rules that duplicate, overlap, or
conflict with this rule.
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15:40 Feb 28, 2008
Jkt 214001
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.
An interim final rule concerning this
action was published in the Federal
Register on November 15, 2007 (72 FR
64123). Copies of that rule were also
mailed or sent via facsimile to all
Florida tomato handlers. Finally, the
interim final rule was made available
through the Internet by USDA and the
Office of the Federal Register. A 60-day
comment period was provided for
interested persons to respond to the
interim final rule. The comment period
ended January 14, 2008, and no
comments were received.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov/
fv/moab.html. Any questions about the
compliance guide should be sent to Jay
Guerber 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 Committee 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.
List of Subjects in 7 CFR Part 966
Marketing agreements, Reporting and
recordkeeping requirements, Tomatoes.
PART 966—TOMATOES GROWN IN
FLORIDA
Accordingly, the interim final rule
amending 7 CFR part 966 which was
published at 72 FR 64123 on November
15, 2007, is adopted as a final rule
without change.
I
Dated: February 25, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. E8–3801 Filed 2–28–08; 8:45 am]
BILLING CODE 3410–02–P
PO 00000
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 2
RIN 3150–AI32
Delegated Authority To Order Use of
Procedures for Access to Certain
Sensitive Unclassified Information
Nuclear Regulatory
Commission.
ACTION: Final rule.
AGENCY:
SUMMARY: The Nuclear Regulatory
Commission (NRC or Commission) is
amending its rules of practice to
delegate authority to the Office of the
Secretary of the Commission to issue
orders requiring the use of certain
procedures for access to sensitive
unclassified information in adjudicatory
proceedings. The NRC is also making
available final procedures that would
allow potential parties to NRC
adjudications to gain access to Sensitive
Unclassified Non-Safeguards
Information (SUNSI) or Safeguards
Information (SGI).
DATES: The effective date of the final
rule is March 31, 2008. The
implementation date of the procedures
is March 31, 2008. If the procedures will
be applied in a particular proceeding,
the Commission will include them by
order in the associated Federal Register
notice of hearing or a notice of
opportunity for hearing.
FOR FURTHER INFORMATION CONTACT:
Tison Campbell, Attorney, Office of the
General Counsel, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone 301–415–
8579, e-mail tison.campbell@nrc.gov.
Publicly available documents created
or received at the NRC after November
1, 1999, are available electronically at
the NRC’s Electronic Reading Room at
https://www.nrc.gov/reading-rm/
adams.html. From this site, the public
can gain entry into the NRC’s
Agencywide Document Access and
Management System (ADAMS), which
provides text and image files of NRC’s
public documents. If you do not have
access to ADAMS or if there are
problems in accessing the documents
located in ADAMS, contact the NRC
PDR Reference staff at 1–800–397–4209,
301–415–4737 or by e-mail to
pdr@nrc.gov.
The ADAMS accession number for the
procedures is ML080380626; the
ADAMS accession number for the
response to public comments is
ML080380633.
SUPPLEMENTARY INFORMATION:
I. Background
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]]>Agencies
[Federal Register Volume 73, Number 41 (Friday, February 29, 2008)]
[Rules and Regulations]
[Pages 10976-10978]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-3801]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 966
[Docket No. AMS-FV-07-0014; FV07-966-2 FIR]
Tomatoes Grown in Florida; Decreased Assessment Rate
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Agriculture (USDA) is adopting, as a final
rule, without change, an interim final rule which decreased the
assessment rate established for the Florida Tomato Committee
(Committee) for the 2007-08 and subsequent fiscal periods from $0.035
to $0.0325 per 25-pound carton of tomatoes handled. The Committee
locally administers the marketing order which regulates the handling of
tomatoes grown in Florida. Assessments upon tomato handlers are used by
the Committee to fund reasonable and necessary expenses of the program.
The fiscal period begins August 1 and ends July 31. The assessment rate
will remain in effect indefinitely unless modified, suspended, or
terminated.
DATES: Effective Date: March 31,2008.
FOR FURTHER INFORMATION CONTACT: William G. Pimental, Marketing
Specialist or Christian D. Nissen, Regional Manager, Southeast
Marketing Field Office, Marketing Order Administration Branch, Fruit
and Vegetable Programs, AMS, USDA; Telephone: (863) 324-3375, Fax:
(863) 325-8793, or E-mail: William.Pimental@usda.gov or
Christian.Nissen@usda.gov.
Small businesses may request information on complying with this
regulation by contacting Jay Guerber, Marketing Order Administration
Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence
Avenue, SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202)
720-2491, Fax: (202) 720-8938, or E-mail: Jay.Guerber@usda.gov.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing
Agreement No. 125 and Order No. 966, both as amended (7 CFR part 966),
regulating the handling of tomatoes grown in Florida, 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 Order
12866.
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. Under the marketing order now in effect, Florida tomato
handlers are subject to assessments. Funds to administer the order are
derived from such assessments. It is intended that the assessment rate
as issued herein will be applicable to all assessable tomatoes
beginning August 1, 2007, and continue until amended, suspended, or
terminated. This rule will not preempt any State or local laws,
regulations, or policies, unless they present an irreconcilable
conflict with this rule.
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.
[[Page 10977]]
This rule continues in effect the action that decreased the
assessment rate established for the Committee for the 2007-08 and
subsequent fiscal periods from $0.035 per 25-pound carton to $0.0325
per 25-pound carton of tomatoes.
The Florida tomato marketing 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 producers of Florida
tomatoes. 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 2006-07 and subsequent fiscal periods, the Committee
recommended, and USDA approved, an assessment rate that would continue
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 August 23, 2007, and unanimously recommended
2007-08 expenditures of $2,101,000.00 and an assessment rate of $0.0325
per 25-pound carton of tomatoes. In comparison, last year's budgeted
expenditures were $2,193,700. The assessment rate of $0.0325 is $0.0025
lower than the rate previously in effect. Last season the industry
shipped 2.6 million 25-pound cartons more than the Committee had
anticipated, providing greater revenues than expected from assessments.
The Committee's 2006-07 expenses were $200,000 less than budgeted, and
they utilized less from reserves than anticipated. The Committee also
recommended a reduced budget for 2007-08. Therefore, the Committee
voted to recommend a reduced assessment rate.
The major expenditures recommended by the Committee for the 2007-08
year include $900,000 for education and promotion, $467,000 for
salaries, $320,000 for research, and $71,000 for employee retirement.
Budgeted expenses for these items in 2006-07 were $1,000,000, $445,900,
$320,000, and $67,000, respectively.
The assessment rate recommended by the Committee was derived by
dividing anticipated expenses, less carry-in and reserve revenues
totaling $476,000, by expected shipments of Florida tomatoes. Tomato
shipments for the year are estimated at 50 million 25-pound cartons,
which should provide $1,625,000 in assessment income. Income derived
from handler assessments, along with interest income and funds from the
Committee's authorized reserve will be adequate to cover budgeted
expenses. Funds in the reserve (currently approximately $780,000) will
be kept within the maximum permitted by Sec. 966.44 of the order,
which states that excess funds cannot exceed one fiscal period's
expenses.
The assessment rate will 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 is effective 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 will evaluate Committee
recommendations and other available information to determine whether
modification of the assessment rate is needed. Further rulemaking will
be undertaken as necessary. The Committee's 2007-08 budget and those
for subsequent fiscal periods will be reviewed and, as appropriate,
approved by USDA.
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA), the Agricultural Marketing Service (AMS) has considered the
economic impact of this action 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
business 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 100 producers of tomatoes in the production
area and approximately 70 handlers subject to regulation under the
marketing order. Small agricultural producers are defined by the Small
Business Administration (13 CFR 121.201) as those having annual
receipts less than $750,000, and small agricultural service firms are
defined as those whose annual receipts are less than $6,500,000.
Based on industry and Committee data, the average annual price for
fresh Florida tomatoes during the 2006-07 season was approximately
$7.69 per 25-pound container, and total fresh shipments for the 2006-07
season were 52,505,687 25-pound cartons of tomatoes. Committee data
indicates that approximately 25 percent of the handlers handle 94
percent of the total volume shipped outside the regulated area. Based
on the average price, about 75 percent of handlers could be considered
small businesses under SBA's definition. In addition, based on
production data, grower prices as reported by the National Agricultural
Statistics Service, and the total number of Florida tomato growers, the
average annual grower revenue is below $750,000. Thus, the majority of
handlers and producers of Florida tomatoes 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 2007-08 and subsequent fiscal periods from $0.035 to
$0.0325 per 25-pound carton of tomatoes. The Committee unanimously
recommended 2007-08 expenditures of $2,101,000 and an assessment rate
of $0.0325 per 25-pound carton. The assessment rate of $0.0325 is
$0.0025 lower than the 2006-07 rate. The quantity of assessable
tomatoes for the 2007-08 season is estimated at 50 million 25-pound
cartons. Thus, the $0.0325 rate should provide $1,625,000 in assessment
income. Income derived from handler assessments, along with interest
income and funds from the Committee's authorized reserve will be
adequate to cover budgeted expenses.
The major expenditures recommended by the Committee for the 2007-08
year include $900,000 for education and promotion, $467,000 for
salaries, $320,000 for research, and $71,000 for employee retirement.
Budgeted expenses for these items in 2006-07 were $1,000,000, $445,900,
$320,000, and $67,000, respectively.
Last season the industry shipped 2.6 million 25-pound cartons more
than the Committee had anticipated, providing greater revenues than
expected from assessments. The Committee's 2006-07 expenses were
$200,000 less than budgeted, and they utilized less from reserves than
anticipated. The Committee also recommended a reduced budget for 2007-
08. Therefore,
[[Page 10978]]
the Committee voted to recommend a reduced assessment rate.
The Committee reviewed and unanimously recommended 2007-08
expenditures of $2,101,000, which included a decrease in the education
and promotion budget. Prior to arriving at this budget, the Committee
considered information from various sources, such as the Committee's
Executive Subcommittee, Finance Subcommittee, Research Subcommittee,
and Education and Promotion Subcommittee. Alternative expenditure
levels were discussed by these groups, based upon the relative value of
various research projects to the tomato industry. The assessment rate
of $0.0325 per 25-pound carton of assessable tomatoes was then
determined by dividing the total recommended budget, less carry-in and
reserve revenues totaling $476,000, by the quantity of tomatoes,
estimated at 50 million 25-pound cartons for the 2007-08 fiscal period.
A review of historical information and preliminary information
pertaining to the upcoming 2007-08 fiscal period indicates that the
grower price for the 2007-08 season could range between $3.89 and
$16.05 per 25-pound carton of tomatoes. Therefore, the estimated
assessment revenue for the 2007-08 fiscal period as a percentage of
total grower revenue could range between 0.2 and 0.8 percent.
This action 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 Florida tomato
industry and all interested persons were invited to attend the meeting
and participate in Committee deliberations on all issues. Like all
Committee meetings, the August 23, 2007, meeting was a public meeting
and all entities, both large and small, were able to express views on
this issue.
This action imposes no additional reporting or recordkeeping
requirements on either small or large Florida tomato 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. In addition, as
noted in the initial regulatory flexibility analysis, USDA has not
identified any relevant Federal rules that duplicate, overlap, or
conflict with this 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.
An interim final rule concerning this action was published in the
Federal Register on November 15, 2007 (72 FR 64123). Copies of that
rule were also mailed or sent via facsimile to all Florida tomato
handlers. Finally, the interim final rule was made available through
the Internet by USDA and the Office of the Federal Register. A 60-day
comment period was provided for interested persons to respond to the
interim final rule. The comment period ended January 14, 2008, and no
comments were 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/fv/moab.html. Any questions about the compliance
guide should be sent to Jay Guerber 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 Committee 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.
List of Subjects in 7 CFR Part 966
Marketing agreements, Reporting and recordkeeping requirements,
Tomatoes.
PART 966--TOMATOES GROWN IN FLORIDA
0
Accordingly, the interim final rule amending 7 CFR part 966 which was
published at 72 FR 64123 on November 15, 2007, is adopted as a final
rule without change.
Dated: February 25, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E8-3801 Filed 2-28-08; 8:45 am]
BILLING CODE 3410-02-P
