Tomatoes Grown in Florida; Decreased Assessment Rate, 10409-10410 [2010-4779]
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10409
Rules and Regulations
Federal Register
Vol. 75, No. 44
Monday, March 8, 2010
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.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 966
[Doc. No. AMS–FV–09–0063; FV09–966–2
FIR]
Tomatoes Grown in Florida; Decreased
Assessment Rate
pwalker on DSK8KYBLC1PROD with RULES
AGENCY: Agricultural Marketing Service,
USDA.
ACTION: Affirmation of interim final rule
as final rule.
SUMMARY: The Department of
Agriculture (USDA) is adopting, as a
final rule, without change, an interim
final rule that decreased the assessment
rate established for the Florida Tomato
Committee (Committee), for the 2009–10
and subsequent fiscal periods from
$0.0375 to $0.0275 per 25-pound carton
of tomatoes handled. The Committee
locally administers the marketing order,
which regulates the handling of
tomatoes grown in Florida. The interim
final rule was necessary to align the
Committee’s expected revenue with
decreases in its proposed budget for the
2009–10 and subsequent fiscal periods,
which began on August 1. The
assessment rate will remain in effect
indefinitely unless modified,
suspended, or terminated.
DATES: Effective Date: March 9, 2010.
FOR FURTHER INFORMATION CONTACT:
Doris Jamieson, 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:
Doris.Jamieson@ams.usda.gov or
Christian.Nissen@ams.usda.gov.
Small businesses may obtain
information on complying with this and
other marketing order and agreement
regulations by viewing a guide at the
VerDate Nov<24>2008
15:59 Mar 05, 2010
Jkt 220001
following Web site: https://
www.ams.usda.gov/AMSv1.0/
ams.fetchTemplateData.
do?template=Template
N&page=MarketingOrdersSmall
BusinessGuide; or by contacting
Antoinette Carter, 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:
Antoinette.Carter@ams.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.’’
The Department of Agriculture
(USDA) is issuing this rule in
conformance with Executive Order
12866.
Under the order, Florida tomato
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 Florida tomatoes
handled during the 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 final rule published in
the Federal Register on November 4,
2009, and effective on November 5,
2009 (74 FR 57057; Doc. No. AMS–FV–
09–0063, FV09–966–2 IFR), § 966.232
was amended by decreasing the
assessment rate established for the
Committee for the 2009–10 and
subsequent fiscal periods from $0.0375
to $0.0275 per 25-pound carton or
equivalent of Florida tomatoes. The
decrease in the per-unit assessment rate
was possible due to a significant
decrease in education and promotion
expenses for 2009–10.
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,
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
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 (SBA) as those
having annual receipts less than
$750,000, and small agricultural service
firms are defined as those whose annual
receipts are less than $7,000,000 (13
CFR 121.201).
Based on industry and Committee
data, the average annual price for fresh
Florida tomatoes during the 2008–09
season was approximately $8.13 per 25pound carton, and total fresh shipments
for the 2008–09 season were 47,054,853
25-pound cartons of tomatoes.
Committee data indicates 10 percent of
the handlers handle 56 percent of the
total volume shipped outside the
regulated area. Based on the average
price and the other data available, a
majority 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 2009–10
and subsequent fiscal periods from
$0.0375 to $0.0275 per 25-pound carton
of tomatoes. The Committee
unanimously recommended 2009–10
expenditures of $1,910,500 and an
assessment rate of $0.0275 per 25-pound
container of tomatoes. The assessment
rate of $0.0275 is $0.01 lower than the
2008–09 rate. The quantity of assessable
tomatoes for the 2009–10 season is
E:\FR\FM\08MRR1.SGM
08MRR1
pwalker on DSK8KYBLC1PROD with RULES
10410
Federal Register / Vol. 75, No. 44 / Monday, March 8, 2010 / Rules and Regulations
estimated at 50 million. Thus, the
$0.0275 rate should provide $1,375,000
in assessment income. Income derived
from handler assessments, along with
interest income and funds from the
Market Access Program will be adequate
to cover budgeted expenses.
The major expenditures
recommended by the Committee for the
2009–10 fiscal period include $700,000
for education and promotion, $475,500
for salaries, $320,000 for research, and
$70,000 for employee retirement.
Budgeted expenses for these items in
2008–09 were $1,200,000, $505,500,
$320,000, and $77,000, respectively.
The Committee recommended the
decrease in assessment rate due to the
reduction in expenditures for education
and promotion.
Prior to arriving at this budget, the
Committee considered information from
various sources, such as the
Committee’s Finance, Research, and
Education and Promotion
Subcommittees. Alternative expenditure
levels were discussed by these groups,
based upon the relative value of various
projects to the tomato industry. The
assessment rate of $0.0275 per 25-pound
carton of assessable tomatoes was then
determined by dividing the total
recommended budget by the quantity of
assessable tomatoes, estimated at 50
million 25-pound cartons for the 2009–
10 season. Considering income from
assessments, interest, and income from
other sources, total income will be
approximately $41,500 above the
anticipated expenses, which the
Committee determined to be acceptable.
A review of historical information and
preliminary information pertaining to
the upcoming fiscal period indicates
that the grower price for the 2009–10
season could range between $3.89 and
$19.01 per 25-pound carton of tomatoes.
Therefore, the estimated assessment
revenue for the 2009–10 season as a
percentage of total grower revenue
could range between .1 and .7 percent.
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 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 20,
2009, meeting was a public meeting and
VerDate Nov<24>2008
15:59 Mar 05, 2010
Jkt 220001
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, USDA has not identified
any relevant Federal rules that
duplicate, overlap, or conflict with this
rule.
Comments on the interim final rule
were required to be received on or
before January 4, 2010. No comments
were received. Therefore, for the reasons
given in the interim final rule, we are
adopting the interim final rule as a final
rule, without change.
To view the interim final rule, go to
https://www.regulations.gov/search/
Regs/home.html#document
Detail?R=0900006480a503fc.
This action also affirms information
contained in the interim final rule
concerning the Executive Orders 12866
and 12988, 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 final rule, without
change, as published in the Federal
Register (74 FR 57057, November 4,
2009) 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 74 FR 57057 on November
4, 2009, is adopted as a final rule,
without change.
■
Dated: March 2, 2010.
Rayne Pegg,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2010–4779 Filed 3–5–10; 8:45 am]
BILLING CODE P
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 50
[NRC–2007–0008]
RIN 3150–AI01
Alternate Fracture Toughness
Requirements for Protection Against
Pressurized Thermal Shock Events;
Correcting Amendment
AGENCY: Nuclear Regulatory
Commission.
ACTION: Final rule; correcting
amendment.
SUMMARY: The Nuclear Regulatory
Commission (NRC) is revising its
regulations to add a table that was
inadvertently omitted in a correction
document published on February 3,
2010 (75 FR 5495). The February 3, 2010
document corrected a final rule
published on January 4, 2010 (75 FR
13), that amends the NRC’s regulations
to provide alternate fracture toughness
requirements for protection against
pressurized thermal shock (PTS) events
for pressurized water reactor (PWR)
pressure vessels.
DATES: The correction is effective March
8, 2010, and is applicable to February 3,
2010, the date the original rule became
effective.
FOR FURTHER INFORMATION CONTACT:
Michael T. Lesar, Chief, Rulemaking
and Directives Branch, Office of
Administration, Nuclear Regulatory
Commission, Washington, DC 20555–
0001, telephone 301–492–3663, e-mail
Michael.Lesar@nrc.gov.
This
document adds Table 7 to the NRC’s
regulations at 10 CFR 50.61a(g) which
was inadvertently omitted in a
document published on February 3,
2010 (75 FR 5495). Therefore, the NRC
finds that notice and opportunity for
public comment on this corrective
action is unnecessary.
SUPPLEMENTARY INFORMATION:
List of Subjects in 10 CFR Part 50
Antitrust, Classified information,
Criminal penalties, Fire protection,
Intergovernmental relations, Nuclear
power plants and reactors, Radiation
protection, Reactor siting criteria,
Reporting and recordkeeping
requirements.
For the reasons set out in the
preamble and under the authority of the
Atomic Energy Act of 1954, as amended;
the Energy Reorganization Act of 1974,
as amended; and 5 U.S.C. 552 and 553,
the NRC is adopting the following
amendments to 10 CFR part 50.
E:\FR\FM\08MRR1.SGM
08MRR1
Agencies
[Federal Register Volume 75, Number 44 (Monday, March 8, 2010)]
[Rules and Regulations]
[Pages 10409-10410]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4779]
========================================================================
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. 75, No. 44 / Monday, March 8, 2010 / Rules
and Regulations
[[Page 10409]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 966
[Doc. No. AMS-FV-09-0063; FV09-966-2 FIR]
Tomatoes Grown in Florida; Decreased Assessment Rate
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Affirmation of interim final rule as final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Agriculture (USDA) is adopting, as a final
rule, without change, an interim final rule that decreased the
assessment rate established for the Florida Tomato Committee
(Committee), for the 2009-10 and subsequent fiscal periods from $0.0375
to $0.0275 per 25-pound carton of tomatoes handled. The Committee
locally administers the marketing order, which regulates the handling
of tomatoes grown in Florida. The interim final rule was necessary to
align the Committee's expected revenue with decreases in its proposed
budget for the 2009-10 and subsequent fiscal periods, which began on
August 1. The assessment rate will remain in effect indefinitely unless
modified, suspended, or terminated.
DATES: Effective Date: March 9, 2010.
FOR FURTHER INFORMATION CONTACT: Doris Jamieson, 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: Doris.Jamieson@ams.usda.gov or Christian.Nissen@ams.usda.gov.
Small businesses may obtain information on complying with this and
other marketing order and agreement regulations by viewing a guide at
the following Web site: https://www.ams.usda.gov/AMSv1.0/ams.fetchTemplateData.do?template=TemplateN&page=MarketingOrdersSmallBusinessGuide; or by contacting Antoinette Carter, 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:
Antoinette.Carter@ams.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.''
The Department of Agriculture (USDA) is issuing this rule in
conformance with Executive Order 12866.
Under the order, Florida tomato 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 Florida tomatoes handled during the 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 final rule published in the Federal Register on
November 4, 2009, and effective on November 5, 2009 (74 FR 57057; Doc.
No. AMS-FV-09-0063, FV09-966-2 IFR), Sec. 966.232 was amended by
decreasing the assessment rate established for the Committee for the
2009-10 and subsequent fiscal periods from $0.0375 to $0.0275 per 25-
pound carton or equivalent of Florida tomatoes. The decrease in the
per-unit assessment rate was possible due to a significant decrease in
education and promotion expenses for 2009-10.
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
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 (SBA) as those having annual receipts less than
$750,000, and small agricultural service firms are defined as those
whose annual receipts are less than $7,000,000 (13 CFR 121.201).
Based on industry and Committee data, the average annual price for
fresh Florida tomatoes during the 2008-09 season was approximately
$8.13 per 25-pound carton, and total fresh shipments for the 2008-09
season were 47,054,853 25-pound cartons of tomatoes. Committee data
indicates 10 percent of the handlers handle 56 percent of the total
volume shipped outside the regulated area. Based on the average price
and the other data available, a majority 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 2009-10 and subsequent fiscal periods from $0.0375 to
$0.0275 per 25-pound carton of tomatoes. The Committee unanimously
recommended 2009-10 expenditures of $1,910,500 and an assessment rate
of $0.0275 per 25-pound container of tomatoes. The assessment rate of
$0.0275 is $0.01 lower than the 2008-09 rate. The quantity of
assessable tomatoes for the 2009-10 season is
[[Page 10410]]
estimated at 50 million. Thus, the $0.0275 rate should provide
$1,375,000 in assessment income. Income derived from handler
assessments, along with interest income and funds from the Market
Access Program will be adequate to cover budgeted expenses.
The major expenditures recommended by the Committee for the 2009-10
fiscal period include $700,000 for education and promotion, $475,500
for salaries, $320,000 for research, and $70,000 for employee
retirement. Budgeted expenses for these items in 2008-09 were
$1,200,000, $505,500, $320,000, and $77,000, respectively.
The Committee recommended the decrease in assessment rate due to
the reduction in expenditures for education and promotion.
Prior to arriving at this budget, the Committee considered
information from various sources, such as the Committee's Finance,
Research, and Education and Promotion Subcommittees. Alternative
expenditure levels were discussed by these groups, based upon the
relative value of various projects to the tomato industry. The
assessment rate of $0.0275 per 25-pound carton of assessable tomatoes
was then determined by dividing the total recommended budget by the
quantity of assessable tomatoes, estimated at 50 million 25-pound
cartons for the 2009-10 season. Considering income from assessments,
interest, and income from other sources, total income will be
approximately $41,500 above the anticipated expenses, which the
Committee determined to be acceptable.
A review of historical information and preliminary information
pertaining to the upcoming fiscal period indicates that the grower
price for the 2009-10 season could range between $3.89 and $19.01 per
25-pound carton of tomatoes. Therefore, the estimated assessment
revenue for the 2009-10 season as a percentage of total grower revenue
could range between .1 and .7 percent.
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 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 20, 2009, 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, USDA has not identified any relevant Federal rules
that duplicate, overlap, or conflict with this rule.
Comments on the interim final rule were required to be received on
or before January 4, 2010. No comments were received. Therefore, for
the reasons given in the interim final rule, we are adopting the
interim final rule as a final rule, without change.
To view the interim final rule, go to https://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480a503fc.
This action also affirms information contained in the interim final
rule concerning the Executive Orders 12866 and 12988, 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 final rule, without change, as published in
the Federal Register (74 FR 57057, November 4, 2009) 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 74 FR 57057 on November 4, 2009, is adopted as a final
rule, without change.
Dated: March 2, 2010.
Rayne Pegg,
Administrator, Agricultural Marketing Service.
[FR Doc. 2010-4779 Filed 3-5-10; 8:45 am]
BILLING CODE P