Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida; Revising Reporting Requirements and New Information Collection, 32068-32070 [2013-12654]
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Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Rules and Regulations
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 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)
reflects 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 continues to be
applied to voluntary centralized billing
and collecting agents as specified in
§ 28.909(c).
Growers or their designated agents
receiving classification data continue to
incur no additional fees if classification
data is requested only once. The fee for
each additional retrieval of
classification data in § 28.910 remains at
5 cents per bale. The fee in § 28.910 (b)
for an owner receiving classification
data from the National Database remains
at 5 cents per bale, and the minimum
charge of $5.00 for services provided per
monthly billing period remains 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 remains the same at 15 cents
per bale or a minimum of $5.00 per
sheet.
The fee for review classification in
§ 28.911 is maintained at $2.20 per bale.
The fee for returning samples after
classification in § 28.911 remains at 50
cents per sample.
Summary of Comments
A proposed rule was published in the
Federal Register on March 28, 2013,
with a comment period of March 28,
2013 through April 12, 2013 (78 FR
VerDate Mar<15>2010
17:39 May 28, 2013
Jkt 229001
18898). AMS received two comments:
one from a national trade organization
that represents approximately 80
percent of the US cotton industry,
including cotton producers, ginners,
warehousemen, merchants,
cooperatives, cottonseed processors, and
textile manufacturers from Virginia to
California; and one from a national trade
organization comprised of eight state
and regional membership organizations
that represent approximately 680
individual cotton ginning operations in
17 cotton-producing states. Comments
from these national trade organizations
expressed support for the decision to
maintain the fee at the level established
for the 2012 crop. Comments may be
viewed at www.regulations.gov.
List of Subjects in 7 CFR Part 28
Administrative practice and
procedure, Cotton, Reporting and
recordkeeping requirements,
Warehouses.
For the reasons set forth in the
preamble, 7 CFR part 28 is 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; 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.
*
*
*
*
*
Dated: May 21, 2013.
Rex A. Barnes,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2013–12651 Filed 5–28–13; 8:45 am]
BILLING CODE 3410–02–P
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 905
[Doc. No. AMS–FV–12–0052; FV12–905–2
FR]
Oranges, Grapefruit, Tangerines, and
Tangelos Grown in Florida; Revising
Reporting Requirements and New
Information Collection
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
This rule revises the reporting
requirements prescribed under the
Federal marketing order for oranges,
grapefruit, tangerines, and tangelos
grown in Florida (order). The Citrus
Administrative Committee (Committee)
is responsible for local administration of
the order. This rule requires all fresh
citrus handlers to provide the
Committee with a list of all growers
whose fruit they handled each season.
This information will enable the
Committee to more efficiently
administer the order and better
communicate fresh market issues to
fresh market citrus growers.
DATES: Effective Date: May 30, 2013.
FOR FURTHER INFORMATION CONTACT:
Jennie M. Varela, Marketing Specialist,
or Christian D. Nissen, Regional
Director, Southeast Marketing Field
Office, Marketing Order and Agreement
Division, Fruit and Vegetable Program,
AMS, USDA; Telephone: (863) 324–
3375, Fax: (863) 325–8793, or Email:
Jennie.Varela@ams.usda.gov or
Christian.Nissen@ams.usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Jeffrey Smutny,
Marketing Order and Agreement
Division, Fruit and Vegetable Program,
AMS, USDA, 1400 Independence
Avenue SW., STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or Email:
Jeffrey.Smutny@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This rule
is issued under Marketing Order No.
905, as amended (7 CFR part 905),
regulating the handling of oranges,
grapefruit, tangerines, and tangelos
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.
SUMMARY:
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29MYR1
tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Rules and Regulations
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. This rule is not intended to
have retroactive effect.
The Act provides that administrative
proceedings must be exhausted before
parties may file suit in court. Under
section 608c(15)(A) of the Act, any
handler subject to an order may file
with USDA a petition stating that the
order, any provision of the order, or any
obligation imposed in connection with
the order is not in accordance with law
and request a modification of the order
or to be exempted therefrom. A handler
is afforded the opportunity for a hearing
on the petition. After the hearing, USDA
would rule on the petition. The Act
provides that the district court of the
United States in any district in which
the handler is an inhabitant, or has his
or her principal place of business, has
jurisdiction to review USDA’s ruling on
the petition, provided an action is filed
not later than 20 days after the date of
the entry of the ruling.
This rule revises the reporting
requirements prescribed under the
order. This rule requires all fresh citrus
handlers to provide the Committee with
a list of all growers whose fruit they
handled each season. This information
will enable the Committee to more
efficiently administer the order and
better communicate fresh market issues
to fresh market citrus growers. This rule
was unanimously recommended by the
Committee at a July 17, 2012, meeting.
Section 905.71 of the order provides
the Committee, with the approval of the
Secretary, authority to collect
information from handlers that is
deemed necessary for administering the
order. This rule utilizes this authority to
establish a new § 905.171 under the
rules and regulations of the order. This
new section requires handlers of fresh
citrus to report to the Committee a list
of names and contact information for all
growers whose fruit they have shipped
by June 15 of each season.
Prior to this action, the Committee did
not require handlers to report any
information regarding the growers who
supply them. In order to communicate
with its grower base regarding the order
or Committee actions, the Committee
depended on mailing lists from other
industry groups. However, third party
lists are often incomplete, out-of-date, or
do not distinguish between those
growing for the fresh market or those
growing for the processed market.
Ninety percent of the volume of citrus
produced in Florida is sold for
processing into juice, which is not
regulated under the order.
Consequently, while there are an
estimated 8,000 citrus growers, it is
VerDate Mar<15>2010
17:39 May 28, 2013
Jkt 229001
estimated only 750 growers produce for
the fresh market. Because there is no
readily available comprehensive list of
fresh citrus growers, the Committee
could allocate a great deal of resources
into information distribution and still
not be certain that the information is
getting to those covered under the order.
Recently, the Committee began
discussing potential changes to the
order to make it more efficient and
responsive to industry needs. In these
discussions, the Committee recognized
that grower involvement could be
improved through focused
communication with fresh market citrus
growers. However, in order to actively
reach out to growers in the industry, the
Committee must have accurate
information. The Committee discussed
developing a list of growers compiled
annually from information provided by
handlers to make effective outreach
possible. Some members expressed
concerns about the disclosure of
proprietary information. The Committee
addressed these concerns by stating the
scope of the information collection
could be limited to only grower contact
information.
In addition, while this action assists
the Committee in its efforts to keep
growers informed and to solicit their
input on potential changes to the order,
it also can be used to increase grower
outreach and involvement in Committee
elections and membership, facilitate
grower participation in amendment and
continuance referenda, and provide for
a more efficient use of Committee
resources.
As a result, Committee members
recommended collecting grower names
and contact information each season
from handlers of fresh citrus so that the
Committee will have an accurate and
updated list to use in communicating
with fresh market citrus growers. June
15 was selected as the due date for this
information as it is toward the end of
the season and Committee members
agreed handlers will have a complete
list at that time.
This change revises reporting
requirements to require all fresh citrus
handlers regulated under the order to
provide the Committee with contact
information for all growers whose fruit
they have shipped. This information is
due by June 15 of each season. The
change enables the Committee to more
efficiently administer the order and
communicate fresh market issues to
fresh market citrus growers.
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in
the Regulatory Flexibility Act (RFA) (5
U.S.C. 601–612), the Agricultural
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32069
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 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 8,000
growers of citrus in the production area
and approximately 45 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 production data, grower
prices as reported by the National
Agricultural Statistics Service, and the
total number of Florida citrus growers,
the average annual grower revenue is
below $750,000. In addition, based on
industry and Committee data, the
average annual f.o.b. price for fresh
Florida citrus during the 2010–11
season was approximately $12.16 per 4⁄5
bushel carton, and total fresh shipments
were approximately 30.4 million
cartons. Using the average f.o.b. price
and shipment data, about 55 percent of
the Florida citrus handlers could be
considered small businesses under
SBA’s definition. Thus, assuming a
normal distribution, the majority of
producers and handlers of Florida citrus
may be classified as small entities.
This rule revises the reporting
requirements prescribed under the
order. This action requires all fresh
citrus handlers to provide the
Committee with a list of all growers
whose fruit they handled by June 15 of
each season. This information will
enable the Committee to more
efficiently administer the order and
better communicate fresh market issues
to fresh market citrus growers. This rule
creates a new § 905.171, which
establishes the new reporting
requirement. The authority for this
action is provided for in § 905.71. This
change was unanimously recommended
by the Committee at a July 17, 2012,
meeting.
Requiring grower contact information
each season imposes a minor increase in
the reporting burden on all citrus
handlers. However, this data is already
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Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Rules and Regulations
recorded and maintained by handlers as
a part of their daily business. Handlers,
regardless of size, should be able to
readily access this information.
Consequently, any additional costs
associated with this change will be
minimal and apply equally to all
handlers.
This action will also help growers
receive more information about the
activities under the order, and make
them more aware of their opportunities
to participate in the efforts of the
Committee. The benefits of this rule are
expected to be equally available to all
fresh citrus growers, regardless of their
size.
The Committee discussed making no
change as an alternative to this action,
but determined that in order to
efficiently carry out the objectives of the
marketing order, the information
collection within this new report was
necessary. Therefore, this alternative
was rejected.
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), this collection has been
submitted to the Office of Management
and Budget (OMB) with the reference
number 0581–0284. Upon approval, the
collection will be merged with OMB No.
0581–0189, Generic OMB Fruit Crops.
This final rule establishes the use of a
new Committee form, which imposes a
minor burden increase of 15 hours. The
form, Handler Supplier Report, requires
minimum information necessary to
effectively carry out the requirement of
the order. The information would
enable the Committee to more
efficiently administer the order and
improve communication with growers.
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.
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.
Further, the Committee’s meeting was
widely publicized throughout the citrus
industry and all interested persons were
invited to attend the meeting and
participate in Committee deliberations
on all issues. Like all Committee
meetings, the July 17, 2012, meeting was
a public meeting and all entities, both
VerDate Mar<15>2010
17:39 May 28, 2013
Jkt 229001
large and small, were able to express
views on this issue.
A proposed rule concerning this
action was published in the Federal
Register on March 5, 2013 (78 FR
14236). Copies of the rule were mailed
or sent via facsimile to all Committee
members and citrus handlers. Finally,
the rule was made available through the
Internet by USDA and the Office of the
Federal Register. A 60-day comment
period ending May 6, 2013, was
provided to allow interested persons to
respond to the proposal. No comments
were received.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: www.ams.usda.gov/
MarketingOrdersSmallBusinessGuide.
Any questions about the compliance
guide should be sent to Jeffrey Smutny
at the previously mentioned address in
the FOR FURTHER INFORMATION CONTACT
section.
After consideration of all relevant
matter 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.
It is further found that good cause
exists for not postponing the effective
date of this rule until 30 days after
publication in the Federal Register (5
U.S.C. 553) because the Committee
requires time to prepare and mail out a
handler information packet that should
include the Handler Supplier Report,
prior to the beginning of shipments for
the next crop year that begins August 1.
In addition, handlers are aware of this
rule that was recommended at a
Committee meeting on July 17, 2012.
Also, a 60-day comment period was
provided in the proposed rule.
List of Subjects in 7 CFR Part 905
Citrus, Marketing agreements,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 7 CFR part 905 is amended as
follows:
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. Section 905.171 is added to read as
follows:
■
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
§ 905.171
Handler supplier report.
Each handler shall furnish a supplier
report to the Committee on an annual
basis. Such reports shall be made on
forms provided by the Committee and
shall include the name and business
address of each grower whose fruit was
shipped or acquired by the handler
during the season. Handlers shall
submit this report to the Committee not
later than June 15 of each season.
Dated: May 21, 2013.
Rex A. Barnes,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2013–12654 Filed 5–28–13; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 985
[Doc. No. AMS–FV–12–0064; FV13–985–1
FR]
Marketing Order Regulating the
Handling of Spearmint Oil Produced in
the Far West; Salable Quantities and
Allotment Percentages for the 2013–
2014 Marketing Year
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
This final rule establishes the
quantity of spearmint oil produced in
the Far West, by class, that handlers
may purchase from, or handle on behalf
of, producers during the 2013–2014
marketing year, which begins on June 1,
2013. This rule establishes salable
quantities and allotment percentages for
Class 1 (Scotch) spearmint oil of
1,344,858 pounds and 65 percent,
respectively, and for Class 3 (Native)
spearmint oil of 1,432,189 pounds and
61 percent, respectively. The Spearmint
Oil Administrative Committee
(Committee), the entity responsible for
local administration of the marketing
order for spearmint oil produced in the
Far West, recommended these
limitations for the purpose of avoiding
extreme fluctuations in supplies and
prices to help maintain stability in the
spearmint oil market.
DATES: Effective Date: This final rule
becomes effective June 1, 2013.
FOR FURTHER INFORMATION CONTACT:
Manuel Michel, Marketing Specialist, or
Gary Olson, Regional Director,
Northwest Marketing Field Office,
Marketing Order and Agreement
Division, Fruit and Vegetable Program,
AMS, USDA; Telephone: (503) 326–
SUMMARY:
E:\FR\FM\29MYR1.SGM
29MYR1
]]>Agencies
[Federal Register Volume 78, Number 103 (Wednesday, May 29, 2013)]
[Rules and Regulations]
[Pages 32068-32070]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12654]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 905
[Doc. No. AMS-FV-12-0052; FV12-905-2 FR]
Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida;
Revising Reporting Requirements and New Information Collection
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule revises the reporting requirements prescribed under
the Federal marketing order for oranges, grapefruit, tangerines, and
tangelos grown in Florida (order). The Citrus Administrative Committee
(Committee) is responsible for local administration of the order. This
rule requires all fresh citrus handlers to provide the Committee with a
list of all growers whose fruit they handled each season. This
information will enable the Committee to more efficiently administer
the order and better communicate fresh market issues to fresh market
citrus growers.
DATES: Effective Date: May 30, 2013.
FOR FURTHER INFORMATION CONTACT: Jennie M. Varela, Marketing
Specialist, or Christian D. Nissen, Regional Director, Southeast
Marketing Field Office, Marketing Order and Agreement Division, Fruit
and Vegetable Program, AMS, USDA; Telephone: (863) 324-3375, Fax: (863)
325-8793, or Email: Jennie.Varela@ams.usda.gov or
Christian.Nissen@ams.usda.gov.
Small businesses may request information on complying with this
regulation by contacting Jeffrey Smutny, Marketing Order and Agreement
Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence
Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-
2491, Fax: (202) 720-8938, or Email: Jeffrey.Smutny@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Order
No. 905, as amended (7 CFR part 905), regulating the handling of
oranges, grapefruit, tangerines, and tangelos 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.
[[Page 32069]]
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule is not intended to have retroactive effect.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 608c(15)(A) of the
Act, any handler subject to an order may file with USDA a petition
stating that the order, any provision of the order, or any obligation
imposed in connection with the order is not in accordance with law and
request a modification of the order or to be exempted therefrom. A
handler is afforded the opportunity for a hearing on the petition.
After the hearing, USDA would rule on the petition. The Act provides
that the district court of the United States in any district in which
the handler is an inhabitant, or has his or her principal place of
business, has jurisdiction to review USDA's ruling on the petition,
provided an action is filed not later than 20 days after the date of
the entry of the ruling.
This rule revises the reporting requirements prescribed under the
order. This rule requires all fresh citrus handlers to provide the
Committee with a list of all growers whose fruit they handled each
season. This information will enable the Committee to more efficiently
administer the order and better communicate fresh market issues to
fresh market citrus growers. This rule was unanimously recommended by
the Committee at a July 17, 2012, meeting.
Section 905.71 of the order provides the Committee, with the
approval of the Secretary, authority to collect information from
handlers that is deemed necessary for administering the order. This
rule utilizes this authority to establish a new Sec. 905.171 under the
rules and regulations of the order. This new section requires handlers
of fresh citrus to report to the Committee a list of names and contact
information for all growers whose fruit they have shipped by June 15 of
each season.
Prior to this action, the Committee did not require handlers to
report any information regarding the growers who supply them. In order
to communicate with its grower base regarding the order or Committee
actions, the Committee depended on mailing lists from other industry
groups. However, third party lists are often incomplete, out-of-date,
or do not distinguish between those growing for the fresh market or
those growing for the processed market.
Ninety percent of the volume of citrus produced in Florida is sold
for processing into juice, which is not regulated under the order.
Consequently, while there are an estimated 8,000 citrus growers, it is
estimated only 750 growers produce for the fresh market. Because there
is no readily available comprehensive list of fresh citrus growers, the
Committee could allocate a great deal of resources into information
distribution and still not be certain that the information is getting
to those covered under the order.
Recently, the Committee began discussing potential changes to the
order to make it more efficient and responsive to industry needs. In
these discussions, the Committee recognized that grower involvement
could be improved through focused communication with fresh market
citrus growers. However, in order to actively reach out to growers in
the industry, the Committee must have accurate information. The
Committee discussed developing a list of growers compiled annually from
information provided by handlers to make effective outreach possible.
Some members expressed concerns about the disclosure of proprietary
information. The Committee addressed these concerns by stating the
scope of the information collection could be limited to only grower
contact information.
In addition, while this action assists the Committee in its efforts
to keep growers informed and to solicit their input on potential
changes to the order, it also can be used to increase grower outreach
and involvement in Committee elections and membership, facilitate
grower participation in amendment and continuance referenda, and
provide for a more efficient use of Committee resources.
As a result, Committee members recommended collecting grower names
and contact information each season from handlers of fresh citrus so
that the Committee will have an accurate and updated list to use in
communicating with fresh market citrus growers. June 15 was selected as
the due date for this information as it is toward the end of the season
and Committee members agreed handlers will have a complete list at that
time.
This change revises reporting requirements to require all fresh
citrus handlers regulated under the order to provide the Committee with
contact information for all growers whose fruit they have shipped. This
information is due by June 15 of each season. The change enables the
Committee to more efficiently administer the order and communicate
fresh market issues to fresh market citrus growers.
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 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 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 8,000 growers of citrus in the production
area and approximately 45 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 production data, grower prices as reported by the National
Agricultural Statistics Service, and the total number of Florida citrus
growers, the average annual grower revenue is below $750,000. In
addition, based on industry and Committee data, the average annual
f.o.b. price for fresh Florida citrus during the 2010-11 season was
approximately $12.16 per \4/5\ bushel carton, and total fresh shipments
were approximately 30.4 million cartons. Using the average f.o.b. price
and shipment data, about 55 percent of the Florida citrus handlers
could be considered small businesses under SBA's definition. Thus,
assuming a normal distribution, the majority of producers and handlers
of Florida citrus may be classified as small entities.
This rule revises the reporting requirements prescribed under the
order. This action requires all fresh citrus handlers to provide the
Committee with a list of all growers whose fruit they handled by June
15 of each season. This information will enable the Committee to more
efficiently administer the order and better communicate fresh market
issues to fresh market citrus growers. This rule creates a new Sec.
905.171, which establishes the new reporting requirement. The authority
for this action is provided for in Sec. 905.71. This change was
unanimously recommended by the Committee at a July 17, 2012, meeting.
Requiring grower contact information each season imposes a minor
increase in the reporting burden on all citrus handlers. However, this
data is already
[[Page 32070]]
recorded and maintained by handlers as a part of their daily business.
Handlers, regardless of size, should be able to readily access this
information. Consequently, any additional costs associated with this
change will be minimal and apply equally to all handlers.
This action will also help growers receive more information about
the activities under the order, and make them more aware of their
opportunities to participate in the efforts of the Committee. The
benefits of this rule are expected to be equally available to all fresh
citrus growers, regardless of their size.
The Committee discussed making no change as an alternative to this
action, but determined that in order to efficiently carry out the
objectives of the marketing order, the information collection within
this new report was necessary. Therefore, this alternative was
rejected.
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), this collection has been submitted to the Office of
Management and Budget (OMB) with the reference number 0581-0284. Upon
approval, the collection will be merged with OMB No. 0581-0189, Generic
OMB Fruit Crops. This final rule establishes the use of a new Committee
form, which imposes a minor burden increase of 15 hours. The form,
Handler Supplier Report, requires minimum information necessary to
effectively carry out the requirement of the order. The information
would enable the Committee to more efficiently administer the order and
improve communication with growers.
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.
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.
Further, the Committee's meeting was widely publicized throughout
the citrus industry and all interested persons were invited to attend
the meeting and participate in Committee deliberations on all issues.
Like all Committee meetings, the July 17, 2012, meeting was a public
meeting and all entities, both large and small, were able to express
views on this issue.
A proposed rule concerning this action was published in the Federal
Register on March 5, 2013 (78 FR 14236). Copies of the rule were mailed
or sent via facsimile to all Committee members and citrus handlers.
Finally, the rule was made available through the Internet by USDA and
the Office of the Federal Register. A 60-day comment period ending May
6, 2013, was provided to allow interested persons to respond to the
proposal. No comments were received.
A small business guide on complying with fruit, vegetable, and
specialty crop marketing agreements and orders may be viewed at:
www.ams.usda.gov/MarketingOrdersSmallBusinessGuide. Any questions about
the compliance guide should be sent to Jeffrey Smutny at the previously
mentioned address in the FOR FURTHER INFORMATION CONTACT section.
After consideration of all relevant matter 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.
It is further found that good cause exists for not postponing the
effective date of this rule until 30 days after publication in the
Federal Register (5 U.S.C. 553) because the Committee requires time to
prepare and mail out a handler information packet that should include
the Handler Supplier Report, prior to the beginning of shipments for
the next crop year that begins August 1. In addition, handlers are
aware of this rule that was recommended at a Committee meeting on July
17, 2012. Also, a 60-day comment period was provided in the proposed
rule.
List of Subjects in 7 CFR Part 905
Citrus, Marketing agreements, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR part 905 is
amended as follows:
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. Section 905.171 is added to read as follows:
Sec. 905.171 Handler supplier report.
Each handler shall furnish a supplier report to the Committee on an
annual basis. Such reports shall be made on forms provided by the
Committee and shall include the name and business address of each
grower whose fruit was shipped or acquired by the handler during the
season. Handlers shall submit this report to the Committee not later
than June 15 of each season.
Dated: May 21, 2013.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2013-12654 Filed 5-28-13; 8:45 am]
BILLING CODE 3410-02-P
