Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida; Hearing on Proposed Amendment of Marketing Order No. 905, 18899-18902 [2013-07180]
Download as PDF
<![CDATA[
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 60 / Thursday, March 28, 2013 / Proposed Rules
cotton industry. At pages 313–314, the
Joint Explanatory Statement of the
committee of conference for section
14201 stated the expectation that the
cotton classification fee would be
established in the same manner as was
applied during the 1992 through 2007
fiscal years. Specifically, it states that
the classification fee should continue to
be a basic, uniform fee per bale fee as
determined necessary to maintain costeffective cotton classification service.
Further, in consulting with the cotton
industry, the Secretary should
demonstrate the level of fees necessary
to maintain effective cotton
classification services and provide the
Department of Agriculture with an
adequate operating reserve, while also
working to limit adjustments in the
year-to-year fee.
Under the provisions of section
14201, a user fee (dollar amount per
bale classed) is proposed for the 2013
cotton crop that, when combined with
other sources of revenue, will result in
projected revenues sufficient to
reasonably cover budgeted costs—
adjusted for inflation—and allow for
adequate operating reserves to be
maintained. Costs considered in this
method include salaries, costs of
equipment and supplies, and other
overhead costs, such as facility costs
and costs for administration and
supervision. In addition to covering
expected costs, the user fee is set such
that projected revenues will generate an
operating reserve adequate to effectively
manage uncertainties related to crop
size and cash-flow timing. Furthermore,
the operating reserve is expected to
meet minimum reserve requirements set
by the Agricultural Marketing Service,
which require maintenance of a reserve
fund amount equal to at least four
months of projected operating costs.
The user fee proposed to be charged
cotton producers for cotton
classification in 2013 is $2.20 per bale,
which is the same fee charged for the
2012 crop. This fee is based on the
preseason projection that 13,250,000
bales will be classed by the United
States Department of Agriculture during
the 2013 crop year.
Accordingly, § 28.909, paragraph (b)
would reflect the continuation of the
cotton classification fee at $2.20 per
bale.
As provided for in the 1987 Act, a 5
cent per bale discount would continue
to be applied to voluntary centralized
billing and collecting agents as specified
in § 28.909(c).
Growers or their designated agents
receiving classification data would
continue to incur no additional fees if
classification data is requested only
VerDate Mar<15>2010
18:19 Mar 27, 2013
Jkt 229001
once. The fee for each additional
retrieval of classification data in
§ 28.910 would remain at 5 cents per
bale. The fee in § 28.910(b) for an owner
receiving classification data from the
National Database would remain at 5
cents per bale, and the minimum charge
of $5.00 for services provided per
monthly billing period would remain
the same. The provisions of § 28.910(c)
concerning the fee for new classification
memoranda issued from the National
Database for the business convenience
of an owner without reclassification of
the cotton will remain the same at 15
cents per bale or a minimum of $5.00
per sheet.
The fee for review classification in
§ 28.911 would be maintained at $2.20
per bale.
The fee for returning samples after
classification in § 28.911 would remain
at 50 cents per sample.
A 15-day comment period is provided
for public comments. This period is
appropriate because user fees are not
changing and it is anticipated that the
proposed fees, if adopted, would be
made effective for the 2013 cotton crop
on July 1, 2013.
List of Subjects in 7 CFR Part 28
Administrative practice and
procedure, Cotton, Cotton samples,
Grades, Market news, Reporting and
record keeping requirements, Standards,
Staples, Testing, Warehouses.
For the reasons set forth in the
preamble, 7 CFR part 28 is proposed to
be amended to read as follows:
PART 28—[AMENDED]
1. The authority citation for 7 CFR
part 28, Subpart D, continues to read as
follows:
■
Authority: 7 U.S.C. 51–65; 7 U.S.C. 471–
476.
2. In § 28.909, paragraph (b) is revised
to read as follows:
■
§ 28.909
Costs.
*
*
*
*
*
(b) The cost of High Volume
Instrument (HVI) cotton classification
service to producers is $2.20 per bale.
*
*
*
*
*
■ 3. In § 28.911, the last sentence of
paragraph (a) is revised to read as
follows:
§ 28.911
Review classification.
(a) * * * The fee for review
classification is $2.20 per bale.
*
*
*
*
*
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
18899
Dated: March 22, 2013.
David R. Shipman,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2013–07181 Filed 3–27–13; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 905
[Doc. No. AO–13–0163; AMS–FV–12–0069;
FV13–905–1]
Oranges, Grapefruit, Tangerines, and
Tangelos Grown in Florida; Hearing on
Proposed Amendment of Marketing
Order No. 905
Agricultural Marketing Service,
USDA.
ACTION: Notice of hearing on proposed
rulemaking.
AGENCY:
SUMMARY: Notice is hereby given of a
public hearing to receive evidence on
proposed amendments to Marketing
Order No. 905 (order), that regulates the
handling of oranges, grapefruit,
tangerines, and tangelos (citrus) grown
in Florida. Nine amendments are
proposed by the Citrus Administrative
Committee (committee), which is
responsible for local administration of
the order. These proposed amendments
would: authorize regulation of new
varieties and hybrids of citrus fruit,
authorize the regulation of intrastate
shipments of fruit, revise the process for
redistricting the production area, change
the term of office and tenure
requirements for committee members,
authorize mail balloting procedures for
committee membership nominations,
increase the capacity of financial reserve
funds, authorize pack and container
requirements for domestic shipments
and authorize different regulations for
different markets, eliminate the use of
separate acceptance statements in the
nomination process, and require
handlers to register with the committee.
In addition, the Agricultural
Marketing Service (AMS) proposes to
make any such changes as may be
necessary to the order to conform to any
amendment that may result from the
hearing. These proposed amendments
are intended to update the order to
reflect past changes in the industry and
potential future changes, and to improve
the operation and administration of the
order.
DATES: The hearing dates are April 24,
2013, 9:00 a.m. to 5:00 p.m.; and
continuing on April 25, 2013, at 9:00
E:\FR\FM\28MRP1.SGM
28MRP1
mstockstill on DSK4VPTVN1PROD with PROPOSALS
18900
Federal Register / Vol. 78, No. 60 / Thursday, March 28, 2013 / Proposed Rules
a.m., if necessary, in Winter Haven,
Florida.
ADDRESSES: The hearing will be held at
the Florida Department of Agriculture
and Consumer Services, 500 3rd Street
NW., Winter Haven, Florida 33881.
FOR FURTHER INFORMATION CONTACT:
Melissa Schmaedick, Marketing Order
and Agreement Division, Fruit and
Vegetable Program, AMS, USDA, Post
Office Box 952, Moab, UT 84532;
Telephone: (202) 557–4783, Fax: (435)
259–1502, or Michelle Sharrow,
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:
Melissa.Schmaedick@ams.usda.gov or
Michelle.Sharrow@ams.usda.gov.
Small businesses may request
information on this proceeding 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
administrative action is instituted
pursuant to the Agricultural Marketing
Agreement Act of 1937, as amended (7
U.S.C. 601–674), hereinafter referred to
as the ‘‘Act.’’ This action is governed by
the provisions of sections 556 and 557
of title 5 of the United States Code and,
therefore, is excluded from the
requirements of Executive Order 12866.
The Regulatory Flexibility Act (5
U.S.C. 601–612) seeks to ensure that
within the statutory authority of a
program, the regulatory and
informational requirements are tailored
to the size and nature of small
businesses. Interested persons are
invited to present evidence at the
hearing on the possible regulatory and
informational impacts of the proposals
on small businesses.
The amendments proposed herein
have been reviewed under Executive
Order 12988, Civil Justice Reform. They
are 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
VerDate Mar<15>2010
18:19 Mar 27, 2013
Jkt 229001
is afforded the opportunity for a hearing
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 the 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.
The hearing is called pursuant to the
provisions of the Act and the applicable
rules of practice and procedure
governing the formulation of marketing
agreements and orders (7 CFR part 900).
The proposed amendments were
recommended by the committee on July
17, 2012, and submitted to USDA on
October 25, 2012. After reviewing the
proposals and other information
submitted by the committee, USDA
made a determination to schedule this
matter for hearing.
The proposed amendments to the
order recommended by the committee
are summarized as follows:
1. Amend the definitions of ‘‘fruit’’
and ‘‘variety’’ in § 905.4 and § 905.5 to
update terminology and authorize
regulation of additional varieties and
hybrids of citrus.
2. Amend the definition of ‘‘handle or
ship’’ in § 905.9 to authorize regulation
of intrastate shipments.
3. Amend § 905.14 to revise the
process for redistricting the production
area.
4. Amend § 905.20 to change the term
of office of committee members from
one to two years, and change the tenure
requirements for committee members
from three to four years.
5. Amend § 905.22 to authorize mail
balloting procedures for committee
membership nominations.
6. Amend § 905.42 to authorize the
committee to increase the capacity of its
financial reserve funds from
approximately six months of a fiscal
period’s expenses to approximately two
years’ fiscal period’s expenses.
7. Amend § 905.52 to authorize pack
and container requirements for domestic
shipments and authorize different
regulations for different markets.
8. Amend § 905.28 to eliminate the
use of separate acceptance statements in
the nomination process.
9. Amend § 905.7 to require handlers
to register with the committee.
The committee works with USDA in
administering the order. These
proposals submitted by the committee
have not received the approval of
USDA. The committee believes that its
proposed amendments would update
the order to address changes that have
occurred in the industry and potential
changes that could occur in the future.
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
The amendments are intended to
improve the operation and
administration of the order.
In addition to the proposed
amendments to the order, AMS
proposes to make any such changes as
may be necessary to the order to
conform to any amendment that may
result from the hearing.
The public hearing is held for the
purpose of: (i) Receiving evidence about
the economic and marketing conditions
which relate to the proposed
amendments of the order; (ii)
determining whether there is a need for
the proposed amendments to the order;
and (iii) determining whether the
proposed amendments or appropriate
modifications thereof will tend to
effectuate the declared policy of the Act.
Testimony is invited at the hearing on
all the proposals and recommendations
contained in this notice, as well as any
appropriate modifications or
alternatives.
All persons wishing to submit written
material as evidence at the hearing
should be prepared to submit four
copies of such material at the hearing.
Four copies of prepared testimony for
presentation at the hearing should also
be made available. To the extent
practicable, eight additional copies of
evidentiary exhibits and testimony
prepared as an exhibit should be made
available to USDA representatives on
the day of appearance at the hearing.
Any requests for preparation of USDA
data for this rulemaking hearing should
be made at least 10 days prior to the
beginning of the hearing.
From the time the notice of hearing is
issued and until the issuance of a final
decision in this proceeding, USDA
employees involved in the decisional
process are prohibited from discussing
the merits of the hearing issues on an ex
parte basis with any person having an
interest in the proceeding. The
prohibition applies to employees in the
following organizational units: Office of
the Secretary of Agriculture; Office of
the Administrator, AMS; Office of the
General Counsel; and the Fruit and
Vegetable Program, AMS. Procedural
matters are not subject to the above
prohibition and may be discussed at any
time.
List of Subjects in 7 CFR Part 905
Grapefruit, Marketing agreements,
Oranges, Reporting and recordkeeping
requirements, Tangelos, Tangerines.
E:\FR\FM\28MRP1.SGM
28MRP1
Federal Register / Vol. 78, No. 60 / Thursday, March 28, 2013 / Proposed Rules
PART 905—ORANGES, GRAPEFRUIT,
TANGERINES, AND TANGELOS
GROWN IN FLORIDA
1. The authority citation for 7 CFR
part 905 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
2. Testimony is invited on the
following proposals or appropriate
alternatives or modifications to such
proposals.
■
Proposals submitted by the Citrus
Administrative Committee:
Proposal Number 1
■
3. Revise § 905.4 to read as follows:
§ 905.4
Fruit.
Fruit means any or all varieties of the
following types of citrus fruits grown in
the production area:
(a) Citrus sinensis, Osbeck, commonly
called ‘‘oranges’’;
(b) Citrus paradisi, MacFadyen,
commonly called ‘‘grapefruit’’;
(c) Citrus reticulata, commonly called
‘‘tangerines’’ or ‘‘mandarin’’;
(d) C.grandis (L.); Osbeck, commonly
called ‘‘pummelo’’; and,
(e) ‘‘Citrus hybrids’’ that are hybrids
between or among one or more of the
four fruits (a) through (d) of this section
and the following: trifoliate orange
(Poncirus trifoliate), sour orange (C.
aurantium), lemon (C. limon), lime (C.
aurantifolia), citron (C. medica),
kumquat (Fortunella, species), tangelo
(C. reticulata x C. paradisi or C. grandis),
tangor (C. reticulata x C. sinensis), and
varieties of these species. In addition,
citrus hybrids include: tangelo (C.
reticulata x C. paradisi or C. grandis),
tangor (C. reticulata x C. sinensis), and
temple oranges, and varieties thereof.
■ 4. Revise § 905.5 to read as follows:
mstockstill on DSK4VPTVN1PROD with PROPOSALS
§ 905.5
Variety.
Variety or varieties means any one or
more of the following classifications or
groupings of fruit:
(a) Oranges;
(1) Early and Midseason oranges
(2) Valencia, Lue Gim Gong, and similar
late maturing oranges of the Valencia
type;
(3) Navel oranges
(b) Grapefruit;
(1) Red Grapefruit, to include all shades
of color
(2) White Grapefruit
(c) Tangerines and Mandarins;
(1) Dancy and similar tangerines
(2) Robinson tangerines
(3) Honey tangerines
(4) Fallglo tangerines
(5) US Early Pride tangerines
(6) Sunburst tangerines
VerDate Mar<15>2010
18:19 Mar 27, 2013
Jkt 229001
(7) W-Murcott tangerines
(8) Tangors
(d) Pummelos;
(1) Hirado Buntan and other pink
seeded pummelos
(e) Citrus Hybrids;
(1) Tangelos
(i) Orlando Tangelo
(ii) Minneola Tangelo
(2) Temple Oranges
(f) Other varieties of citrus fruits
specified in 905.4, including hybrids, as
recommended and approved by the
Secretary: Provided, That in order to
add any hybrid variety of citrus fruit to
be regulated under this provision, such
variety must exhibit similar
characteristics and be subject to cultural
practices common to existing regulated
varieties.
Proposal Number 2
■
5. Revise § 905.9 to read as follows:
§ 905.9
Handle or Ship.
Handle or ship means to sell,
transport, deliver, pack, prepare for
market, grade, or in any other way to
place fruit in the current of commerce
within the production area or between
any point in the production area and
any point outside thereof.
Proposal Number 3
■
6. Revise § 905.14 to read as follows:
§ 905.14
Redistricting.
The committee may, with the
approval of the Secretary, redefine the
districts into which the production area
is divided or reapportion or otherwise
change the grower membership of
districts, or both: Provided, That the
membership shall consist of at least
eight but not more than nine grower
members, and any such change shall be
based, insofar as practicable, upon the
respective averages for the immediately
preceding three fiscal periods of: (1) The
number of bearing trees in each district;
(2) the volume of fresh fruit produced in
each district; (3) the total number of
acres of citrus in each district; and (4)
other relevant factors. Each redistricting
or reapportionment shall be announced
on or prior to March 1 preceding the
effective fiscal period.
Proposal Number 4
■
7. Revise § 905.20 to read as follows:
§ 905.20
Term of Office.
The term of office of members and
alternate members shall begin on the
first day of August of even-numbered
years and continue for two years and
until their successors are selected and
have qualified. The consecutive terms of
office of a member shall be limited to
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
18901
two terms. The terms of office of
alternate members shall not be so
limited. Members, their alternates, and
their respective successors shall be
nominated and selected by the Secretary
as provided in § 905.22 and § 905.23.
Proposal Number 5
■ 8. In § 905.22 revise paragraphs (a)(1)
and (b)(1) and add a new paragraph (c)
to read as follows:
§ 905.22
Nominations.
(a) Grower members. (1) The
committee shall give public notice of a
meeting of producers in each district to
be held not later than June 10th of evennumbered years, for the purpose of
making nominations for grower
members and alternate grower members.
The committee, with the approval of the
Secretary, shall prescribe uniform rules
to govern such meetings and the
balloting thereat. The chairman of each
meeting shall publicly announce at such
meeting the names of the persons
nominated, and the chairman and
secretary of each such meeting shall
transmit to the Secretary their
certification as to the number of votes so
cast, the names of the persons
nominated, and such other information
as the Secretary may request. All
nominations shall be submitted to the
Secretary on or before the 20th day of
June.
(2) * * *
(b) Shipper members. (1) The
committee shall give public notice of a
meeting for bona fide cooperative
marketing organizations which are
handlers, and a meeting for other
handlers who are not so affiliated, to be
held not later than June 10th of evennumbered years, for the purpose of
making nominations for shipper
members and their alternates. The
committee, with the approval of the
Secretary, shall prescribe uniform rules
to govern each such meeting and the
balloting thereat. The chairperson of
each such meeting shall publicly
announce at the meeting the names of
the persons nominated and the
chairman and secretary of each such
meeting shall transmit to the Secretary
their certification as to the number of
votes cast, the weight by volume of
those shipments voted, and such other
information as the Secretary may
request. All nominations shall be
submitted to the Secretary on or before
the 20th day of June.
(2) * * *
(c) Notwithstanding the provisions of
paragraphs (a) and (b) of this section,
nomination and election of members
and alternate members to the committee
may be conducted by mail, electronic
E:\FR\FM\28MRP1.SGM
28MRP1
18902
Federal Register / Vol. 78, No. 60 / Thursday, March 28, 2013 / Proposed Rules
mail, or other means according to rules
and regulations recommended by the
committee and approved by the
Secretary.
Proposal Number 6
9. In § 905.42 revise the first sentence
of paragraph (a) to read as follows:
■
§ 905.42
Handler’s accounts.
(a) If, at the end of a fiscal period, the
assessments collected are in excess of
expenses incurred, the committee, with
the approval of the Secretary, may carry
over such excess into subsequent fiscal
periods as a reserve: Provided, That
funds already in the reserve do not
exceed approximately two fiscal
period’s expenses. * * *
Proposal Number 7
10. In § 905.52 revise paragraphs (a)(4)
and (a)(5) to read as follows:
■
§ 905.52
Issuance of regulations.
Proposal Number 8
11. Revise § 905.28 to read as follows:
mstockstill on DSK4VPTVN1PROD with PROPOSALS
§ 905.28
Qualification and Acceptance.
Any person nominated to serve as a
member or alternate member of the
committee shall, prior to selection by
the Secretary, qualify by filing a written
qualification and acceptance statement
indicating such person’s qualifications
and willingness to serve in the position
for which nominated.
Proposal Number 9
■
12. Revise § 905.7 to read as follows:
VerDate Mar<15>2010
18:19 Mar 27, 2013
Jkt 229001
Handler.
Handler is synonymous with shipper
and means any person (except a
common or contract carrier transporting
fruit for another person) who, as owner,
agent, or otherwise, handles fruit in
fresh form, or causes fruit to be handled.
Each handler shall be registered with
the committee pursuant to rules
recommended by the committee and
approved by the Secretary.
Proposal submitted by USDA:
Proposal Number 10
Make other such changes as may be
necessary to the order to conform with
any amendment thereto that may result
from the hearing.
Dated: March 22, 2013.
Rex A. Barnes,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 2013–07180 Filed 3–27–13; 8:45 am]
BILLING CODE 3410–02–P
(a) * * *
(4) Establish, prescribe, and fix the
size, capacity, weight, dimensions,
marking (including labels and stamps),
or pack of the container or containers
which may be used in the packaging,
transportation, sale, shipment, or other
handling of fruit: Provided, That such
regulation shall not authorize the use of
any container or markings which are
prohibited under Florida statutes and
regulations effective thereunder.
(5) Provide that any or all
requirements effective pursuant to
paragraphs (a) (1), (2), (3), and (4) of this
section applicable to the handling of
fruit may be different for the handling
of fruit within the production area, the
handling of fruit for export, or for the
handling of fruit between the
production area and any point outside
thereof within the United States:
Provided, That such requirements shall
not authorize the handling of fruit in
any way that is prohibited under Florida
statutes and regulations effective
thereunder.
*
*
*
*
*
■
§ 905.7
BUREAU OF CONSUMER FINANCIAL
PROTECTION
12 CFR Part 1090
[Docket No. CFPB–2013–0005]
RIN 3170–AA35
Defining Larger Participants of the
Student Loan Servicing Market
Bureau of Consumer Financial
Protection.
ACTION: Proposed rule; request for
public comment.
AGENCY:
SUMMARY: The Bureau of Consumer
Financial Protection (Bureau or CFPB)
proposes to amend the regulation
defining larger participants of certain
consumer financial product and service
markets by adding a new section to
define larger participants of a market for
student loan servicing. The Bureau
proposes this rule pursuant to its
authority, under the Dodd-Frank Wall
Street Reform and Consumer Protection
Act, to supervise certain nonbank
covered persons for compliance with
Federal consumer financial law and for
other purposes. The Bureau has the
authority to supervise nonbank covered
persons of all sizes in the residential
mortgage, private education lending,
and payday lending markets. In
addition, the Bureau has the authority to
supervise nonbank ‘‘larger
participant[s]’’ of markets for other
consumer financial products or services,
as the Bureau defines by rule. The
proposal (Proposed Rule) would
identify a market for student loan
servicing and define ‘‘larger
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
participants’’ of this market that would
be subject to the Bureau’s supervisory
authority.
Comments must be received on
or before May 28, 2013.
ADDRESSES: Interested parties are
invited to submit written comments
electronically or in paper form. Because
paper mail in the Washington, DC area
and at the Bureau is subject to delay,
commenters are encouraged to submit
comments electronically. You may
submit comments, identified by Docket
No. CFPB–2013–0005 or RIN 3170–
AA35, by any of the following methods:
• Electronic: https://
www.regulations.gov. Follow the
instructions for submitting comments.
In general, all comments received will
be posted without change to their
content.
• Mail/Hand Delivery/Courier:
Monica Jackson, Office of the Executive
Secretary, Bureau of Consumer
Financial Protection, 1700 G Street NW.,
Washington, DC 20552.
In addition, comments will be
available for public inspection and
copying at 1700 G Street NW.,
Washington, DC 20552, on official
business days between the hours of 10
a.m. and 5 p.m. Eastern Time. You can
make an appointment to inspect the
documents by telephoning (202) 435–
7275.
All comments, including attachments
and other supporting materials, will
become part of the public record and
will be subject to public disclosure.
Submit only information that you wish
to make available publicly. Do not
include sensitive personal information,
such as account numbers or Social
Security numbers. Comments will not
be edited to remove any identifying or
contact information, such as name and
address information, email addresses, or
telephone numbers.
FOR FURTHER INFORMATION CONTACT:
Christopher Young, Senior Counsel,
(202) 435–7408, or Jolina Cuaresma,
Attorney-Advisor, (202) 435–9212,
Office of Supervision Policy, Bureau of
Consumer Financial Protection, 1700 G
Street NW., Washington, DC 20552.
SUPPLEMENTARY INFORMATION:
DATES:
I. Overview
Title X of the Dodd-Frank Wall Street
Reform and Consumer Protection Act
(Dodd-Frank Act) 1 established the
Bureau on July 21, 2010. Under 12
U.S.C. 5514, the Bureau has supervisory
authority over all nonbank covered
1 Public Law 111–203 (codified at 12 U.S.C. 5301
et seq.).
E:\FR\FM\28MRP1.SGM
28MRP1
]]>Agencies
[Federal Register Volume 78, Number 60 (Thursday, March 28, 2013)]
[Proposed Rules]
[Pages 18899-18902]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07180]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 905
[Doc. No. AO-13-0163; AMS-FV-12-0069; FV13-905-1]
Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida;
Hearing on Proposed Amendment of Marketing Order No. 905
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice of hearing on proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given of a public hearing to receive evidence
on proposed amendments to Marketing Order No. 905 (order), that
regulates the handling of oranges, grapefruit, tangerines, and tangelos
(citrus) grown in Florida. Nine amendments are proposed by the Citrus
Administrative Committee (committee), which is responsible for local
administration of the order. These proposed amendments would: authorize
regulation of new varieties and hybrids of citrus fruit, authorize the
regulation of intrastate shipments of fruit, revise the process for
redistricting the production area, change the term of office and tenure
requirements for committee members, authorize mail balloting procedures
for committee membership nominations, increase the capacity of
financial reserve funds, authorize pack and container requirements for
domestic shipments and authorize different regulations for different
markets, eliminate the use of separate acceptance statements in the
nomination process, and require handlers to register with the
committee.
In addition, the Agricultural Marketing Service (AMS) proposes to
make any such changes as may be necessary to the order to conform to
any amendment that may result from the hearing. These proposed
amendments are intended to update the order to reflect past changes in
the industry and potential future changes, and to improve the operation
and administration of the order.
DATES: The hearing dates are April 24, 2013, 9:00 a.m. to 5:00 p.m.;
and continuing on April 25, 2013, at 9:00
[[Page 18900]]
a.m., if necessary, in Winter Haven, Florida.
ADDRESSES: The hearing will be held at the Florida Department of
Agriculture and Consumer Services, 500 3rd Street NW., Winter Haven,
Florida 33881.
FOR FURTHER INFORMATION CONTACT: Melissa Schmaedick, Marketing Order
and Agreement Division, Fruit and Vegetable Program, AMS, USDA, Post
Office Box 952, Moab, UT 84532; Telephone: (202) 557-4783, Fax: (435)
259-1502, or Michelle Sharrow, 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: Melissa.Schmaedick@ams.usda.gov or
Michelle.Sharrow@ams.usda.gov.
Small businesses may request information on this proceeding 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 administrative action is instituted
pursuant to the Agricultural Marketing Agreement Act of 1937, as
amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.''
This action is governed by the provisions of sections 556 and 557 of
title 5 of the United States Code and, therefore, is excluded from the
requirements of Executive Order 12866.
The Regulatory Flexibility Act (5 U.S.C. 601-612) seeks to ensure
that within the statutory authority of a program, the regulatory and
informational requirements are tailored to the size and nature of small
businesses. Interested persons are invited to present evidence at the
hearing on the possible regulatory and informational impacts of the
proposals on small businesses.
The amendments proposed herein have been reviewed under Executive
Order 12988, Civil Justice Reform. They are 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. 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 the 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.
The hearing is called pursuant to the provisions of the Act and the
applicable rules of practice and procedure governing the formulation of
marketing agreements and orders (7 CFR part 900).
The proposed amendments were recommended by the committee on July
17, 2012, and submitted to USDA on October 25, 2012. After reviewing
the proposals and other information submitted by the committee, USDA
made a determination to schedule this matter for hearing.
The proposed amendments to the order recommended by the committee
are summarized as follows:
1. Amend the definitions of ``fruit'' and ``variety'' in Sec.
905.4 and Sec. 905.5 to update terminology and authorize regulation of
additional varieties and hybrids of citrus.
2. Amend the definition of ``handle or ship'' in Sec. 905.9 to
authorize regulation of intrastate shipments.
3. Amend Sec. 905.14 to revise the process for redistricting the
production area.
4. Amend Sec. 905.20 to change the term of office of committee
members from one to two years, and change the tenure requirements for
committee members from three to four years.
5. Amend Sec. 905.22 to authorize mail balloting procedures for
committee membership nominations.
6. Amend Sec. 905.42 to authorize the committee to increase the
capacity of its financial reserve funds from approximately six months
of a fiscal period's expenses to approximately two years' fiscal
period's expenses.
7. Amend Sec. 905.52 to authorize pack and container requirements
for domestic shipments and authorize different regulations for
different markets.
8. Amend Sec. 905.28 to eliminate the use of separate acceptance
statements in the nomination process.
9. Amend Sec. 905.7 to require handlers to register with the
committee.
The committee works with USDA in administering the order. These
proposals submitted by the committee have not received the approval of
USDA. The committee believes that its proposed amendments would update
the order to address changes that have occurred in the industry and
potential changes that could occur in the future. The amendments are
intended to improve the operation and administration of the order.
In addition to the proposed amendments to the order, AMS proposes
to make any such changes as may be necessary to the order to conform to
any amendment that may result from the hearing.
The public hearing is held for the purpose of: (i) Receiving
evidence about the economic and marketing conditions which relate to
the proposed amendments of the order; (ii) determining whether there is
a need for the proposed amendments to the order; and (iii) determining
whether the proposed amendments or appropriate modifications thereof
will tend to effectuate the declared policy of the Act.
Testimony is invited at the hearing on all the proposals and
recommendations contained in this notice, as well as any appropriate
modifications or alternatives.
All persons wishing to submit written material as evidence at the
hearing should be prepared to submit four copies of such material at
the hearing. Four copies of prepared testimony for presentation at the
hearing should also be made available. To the extent practicable, eight
additional copies of evidentiary exhibits and testimony prepared as an
exhibit should be made available to USDA representatives on the day of
appearance at the hearing. Any requests for preparation of USDA data
for this rulemaking hearing should be made at least 10 days prior to
the beginning of the hearing.
From the time the notice of hearing is issued and until the
issuance of a final decision in this proceeding, USDA employees
involved in the decisional process are prohibited from discussing the
merits of the hearing issues on an ex parte basis with any person
having an interest in the proceeding. The prohibition applies to
employees in the following organizational units: Office of the
Secretary of Agriculture; Office of the Administrator, AMS; Office of
the General Counsel; and the Fruit and Vegetable Program, AMS.
Procedural matters are not subject to the above prohibition and may be
discussed at any time.
List of Subjects in 7 CFR Part 905
Grapefruit, Marketing agreements, Oranges, Reporting and
recordkeeping requirements, Tangelos, Tangerines.
[[Page 18901]]
PART 905--ORANGES, GRAPEFRUIT, TANGERINES, AND TANGELOS GROWN IN
FLORIDA
0
1. The authority citation for 7 CFR part 905 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
0
2. Testimony is invited on the following proposals or appropriate
alternatives or modifications to such proposals.
Proposals submitted by the Citrus Administrative Committee:
Proposal Number 1
0
3. Revise Sec. 905.4 to read as follows:
Sec. 905.4 Fruit.
Fruit means any or all varieties of the following types of citrus
fruits grown in the production area:
(a) Citrus sinensis, Osbeck, commonly called ``oranges'';
(b) Citrus paradisi, MacFadyen, commonly called ``grapefruit'';
(c) Citrus reticulata, commonly called ``tangerines'' or
``mandarin'';
(d) C.grandis (L.); Osbeck, commonly called ``pummelo''; and,
(e) ``Citrus hybrids'' that are hybrids between or among one or
more of the four fruits (a) through (d) of this section and the
following: trifoliate orange (Poncirus trifoliate), sour orange (C.
aurantium), lemon (C. limon), lime (C. aurantifolia), citron (C.
medica), kumquat (Fortunella, species), tangelo (C. reticulata x C.
paradisi or C. grandis), tangor (C. reticulata x C. sinensis), and
varieties of these species. In addition, citrus hybrids include:
tangelo (C. reticulata x C. paradisi or C. grandis), tangor (C.
reticulata x C. sinensis), and temple oranges, and varieties thereof.
0
4. Revise Sec. 905.5 to read as follows:
Sec. 905.5 Variety.
Variety or varieties means any one or more of the following
classifications or groupings of fruit:
(a) Oranges;
(1) Early and Midseason oranges
(2) Valencia, Lue Gim Gong, and similar late maturing oranges of the
Valencia type;
(3) Navel oranges
(b) Grapefruit;
(1) Red Grapefruit, to include all shades of color
(2) White Grapefruit
(c) Tangerines and Mandarins;
(1) Dancy and similar tangerines
(2) Robinson tangerines
(3) Honey tangerines
(4) Fallglo tangerines
(5) US Early Pride tangerines
(6) Sunburst tangerines
(7) W-Murcott tangerines
(8) Tangors
(d) Pummelos;
(1) Hirado Buntan and other pink seeded pummelos
(e) Citrus Hybrids;
(1) Tangelos
(i) Orlando Tangelo
(ii) Minneola Tangelo
(2) Temple Oranges
(f) Other varieties of citrus fruits specified in 905.4, including
hybrids, as recommended and approved by the Secretary: Provided, That
in order to add any hybrid variety of citrus fruit to be regulated
under this provision, such variety must exhibit similar characteristics
and be subject to cultural practices common to existing regulated
varieties.
Proposal Number 2
0
5. Revise Sec. 905.9 to read as follows:
Sec. 905.9 Handle or Ship.
Handle or ship means to sell, transport, deliver, pack, prepare for
market, grade, or in any other way to place fruit in the current of
commerce within the production area or between any point in the
production area and any point outside thereof.
Proposal Number 3
0
6. Revise Sec. 905.14 to read as follows:
Sec. 905.14 Redistricting.
The committee may, with the approval of the Secretary, redefine the
districts into which the production area is divided or reapportion or
otherwise change the grower membership of districts, or both: Provided,
That the membership shall consist of at least eight but not more than
nine grower members, and any such change shall be based, insofar as
practicable, upon the respective averages for the immediately preceding
three fiscal periods of: (1) The number of bearing trees in each
district; (2) the volume of fresh fruit produced in each district; (3)
the total number of acres of citrus in each district; and (4) other
relevant factors. Each redistricting or reapportionment shall be
announced on or prior to March 1 preceding the effective fiscal period.
Proposal Number 4
0
7. Revise Sec. 905.20 to read as follows:
Sec. 905.20 Term of Office.
The term of office of members and alternate members shall begin on
the first day of August of even-numbered years and continue for two
years and until their successors are selected and have qualified. The
consecutive terms of office of a member shall be limited to two terms.
The terms of office of alternate members shall not be so limited.
Members, their alternates, and their respective successors shall be
nominated and selected by the Secretary as provided in Sec. 905.22 and
Sec. 905.23.
Proposal Number 5
0
8. In Sec. 905.22 revise paragraphs (a)(1) and (b)(1) and add a new
paragraph (c) to read as follows:
Sec. 905.22 Nominations.
(a) Grower members. (1) The committee shall give public notice of a
meeting of producers in each district to be held not later than June
10th of even-numbered years, for the purpose of making nominations for
grower members and alternate grower members. The committee, with the
approval of the Secretary, shall prescribe uniform rules to govern such
meetings and the balloting thereat. The chairman of each meeting shall
publicly announce at such meeting the names of the persons nominated,
and the chairman and secretary of each such meeting shall transmit to
the Secretary their certification as to the number of votes so cast,
the names of the persons nominated, and such other information as the
Secretary may request. All nominations shall be submitted to the
Secretary on or before the 20th day of June.
(2) * * *
(b) Shipper members. (1) The committee shall give public notice of
a meeting for bona fide cooperative marketing organizations which are
handlers, and a meeting for other handlers who are not so affiliated,
to be held not later than June 10th of even-numbered years, for the
purpose of making nominations for shipper members and their alternates.
The committee, with the approval of the Secretary, shall prescribe
uniform rules to govern each such meeting and the balloting thereat.
The chairperson of each such meeting shall publicly announce at the
meeting the names of the persons nominated and the chairman and
secretary of each such meeting shall transmit to the Secretary their
certification as to the number of votes cast, the weight by volume of
those shipments voted, and such other information as the Secretary may
request. All nominations shall be submitted to the Secretary on or
before the 20th day of June.
(2) * * *
(c) Notwithstanding the provisions of paragraphs (a) and (b) of
this section, nomination and election of members and alternate members
to the committee may be conducted by mail, electronic
[[Page 18902]]
mail, or other means according to rules and regulations recommended by
the committee and approved by the Secretary.
Proposal Number 6
0
9. In Sec. 905.42 revise the first sentence of paragraph (a) to read
as follows:
Sec. 905.42 Handler's accounts.
(a) If, at the end of a fiscal period, the assessments collected
are in excess of expenses incurred, the committee, with the approval of
the Secretary, may carry over such excess into subsequent fiscal
periods as a reserve: Provided, That funds already in the reserve do
not exceed approximately two fiscal period's expenses. * * *
Proposal Number 7
0
10. In Sec. 905.52 revise paragraphs (a)(4) and (a)(5) to read as
follows:
Sec. 905.52 Issuance of regulations.
(a) * * *
(4) Establish, prescribe, and fix the size, capacity, weight,
dimensions, marking (including labels and stamps), or pack of the
container or containers which may be used in the packaging,
transportation, sale, shipment, or other handling of fruit: Provided,
That such regulation shall not authorize the use of any container or
markings which are prohibited under Florida statutes and regulations
effective thereunder.
(5) Provide that any or all requirements effective pursuant to
paragraphs (a) (1), (2), (3), and (4) of this section applicable to the
handling of fruit may be different for the handling of fruit within the
production area, the handling of fruit for export, or for the handling
of fruit between the production area and any point outside thereof
within the United States: Provided, That such requirements shall not
authorize the handling of fruit in any way that is prohibited under
Florida statutes and regulations effective thereunder.
* * * * *
Proposal Number 8
0
11. Revise Sec. 905.28 to read as follows:
Sec. 905.28 Qualification and Acceptance.
Any person nominated to serve as a member or alternate member of
the committee shall, prior to selection by the Secretary, qualify by
filing a written qualification and acceptance statement indicating such
person's qualifications and willingness to serve in the position for
which nominated.
Proposal Number 9
0
12. Revise Sec. 905.7 to read as follows:
Sec. 905.7 Handler.
Handler is synonymous with shipper and means any person (except a
common or contract carrier transporting fruit for another person) who,
as owner, agent, or otherwise, handles fruit in fresh form, or causes
fruit to be handled. Each handler shall be registered with the
committee pursuant to rules recommended by the committee and approved
by the Secretary.
Proposal submitted by USDA:
Proposal Number 10
Make other such changes as may be necessary to the order to conform
with any amendment thereto that may result from the hearing.
Dated: March 22, 2013.
Rex A. Barnes,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2013-07180 Filed 3-27-13; 8:45 am]
BILLING CODE 3410-02-P
