Onions Grown in Certain Designated Counties in Idaho, and Malheur County, Oregon; Decreased Assessment Rate, 50193-50195 [2015-20444]

Download as PDF Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 958 [Doc. No. AMS–FV–15–0027; FV15–958–1 IR] Onions Grown in Certain Designated Counties in Idaho, and Malheur County, Oregon; Decreased Assessment Rate Agricultural Marketing Service, USDA. ACTION: Interim rule with request for comments. AGENCY: This rule implements a recommendation from the Idaho-Eastern Oregon Onion Committee (Committee) for a decrease in the assessment rate established for the 2015–2016 and subsequent fiscal periods from $0.10 to $0.05 per hundredweight of onions handled under the marketing order (order). The Committee locally administers the order and is comprised of producers and handlers of onions operating within the area of production. Assessments upon onion handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins July 1 and ends June 30. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. SUMMARY: Effective August 20, 2015. Comments received by October 19, 2015, will be considered prior to issuance of a final rule. ADDRESSES: Interested persons are invited to submit written comments concerning this rule. Comments must be sent to the Docket Clerk, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250–0237; Fax: (202) 720–8938; or Internet: https:// www.regulations.gov. Comments should reference the document number and the date and page number of this issue of the Federal Register and will be available for public inspection in the Office of the Docket Clerk during regular business hours, or can be viewed at: https://www.regulations.gov. All comments submitted in response to this rule will be included in the record and will be made available to the public. Please be advised that the identity of the individuals or entities submitting the comments will be made public on the internet at the address provided above. FOR FURTHER INFORMATION CONTACT: Sue Coleman, Marketing Specialist, or Gary rmajette on DSK2VPTVN1PROD with RULES DATES: VerDate Sep<11>2014 15:08 Aug 18, 2015 Jkt 235001 D. Olson, Regional Director, Northwest Marketing Field Office, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA; Telephone: (503) 326–2724, Fax: (503) 326–7440, or Email: Sue.Coleman@ ams.usda.gov or GaryD.Olson@ ams.usda.gov. Small businesses may request information on complying with this regulation by contacting Jeffrey Smutny, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250–0237; Telephone: (202) 720– 2491, Fax: (202) 720–8938, or Email: Jeffrey.Smutny@ams.usda.gov. SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Agreement No. 130 and Order No. 958, both as amended (7 CFR part 958), regulating the handling of onions grown in designated counties in Idaho, and Malheur County, Oregon, hereinafter referred to as the ‘‘order.’’ The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601–674), hereinafter referred to as the ‘‘Act.’’ The Department of Agriculture (USDA) is issuing this rule in conformance with Executive Orders 12866, 13563, and 13175. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the marketing order now in effect, Idaho-Eastern Oregon onion handlers are subject to assessments. Funds to administer the order are derived from such assessments. It is intended that the assessment rate as issued herein will be applicable to all assessable onions beginning July 1, 2015, and continue until amended, suspended, or terminated. 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. Such 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. PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 50193 This rule decreases the assessment rate established for the Committee for the 2015–2016 and subsequent fiscal periods from $0.10 to $0.05 per hundredweight of onions. The Idaho-Eastern Oregon onion marketing order provides authority for the Committee, with the approval of USDA, to formulate an annual budget of expenses and collect assessments from handlers to administer the program. The members of the Committee are producers and handlers of Idaho-Eastern Oregon onions. They are familiar with the Committee’s needs and with the costs for goods and services in their local area and are thus in a position to formulate an appropriate budget and assessment rate. The assessment rate is formulated and discussed in a public meeting. Thus, all directly affected persons have an opportunity to participate and provide input. For the 2005–2006 and subsequent fiscal periods, the Committee recommended, and USDA approved, an assessment rate that would continue in effect from fiscal period to fiscal period unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the Committee or other information available to USDA. The Committee met on April 21, 2015, and recommended 2015–2016 expenditures of $705,473 and an assessment rate of $0.05 per hundredweight of onions. Ten Committee members voted for this change, one voted against, and there were no abstentions. In comparison, last year’s budgeted expenditures were $1,173,944. The assessment rate of $0.05 is $0.05 lower than the rate currently in effect. The Committee’s recommendation was in response to a request from handlers and growers to reduce promotion expenditures from $635,000 to $250,000, and to allow handlers to keep $0.05 per hundredweight to spend on their own branded promotions. The major expenditures recommended by the Committee for the 2015–2016 year include $6,000 for committee expenses, $115,412 for salary expenses, $67,810 for travel/office expenses, $466,251 for domestic and export promotions and production research expenses, and $50,000 for marketing order contingency. Budgeted expenses for these items in 2014–2015 were $6,000, $112,124, $107,810, $898,010, and $50,000, respectively. The Committee based its recommended assessment rate decrease on the 2015–2016 crop estimates, the 2015–2016 program expenditure needs, and the current and projected size of its monetary reserve. The Committee E:\FR\FM\19AUR1.SGM 19AUR1 50194 Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Rules and Regulations estimated onion shipments for 2015– 2016 at 8,800,000 hundredweight which should provide $440,000 in assessment income. Income derived from handler assessments, along with contributions ($7,000), interest income ($1,750), other income $(5,000), grant income ($34,500), and funds from the Committee’s authorized reserve ($217,223), should be adequate to cover budgeted expenses. The Committee estimates that its operating reserve will be approximately $340,344 at the end of the 2015–2016 fiscal period. Funds in the reserve will be kept within the maximum permitted by the order of approximately one fiscal year’s operational expenses (§ 958.44). The assessment rate established in this rule will continue in effect indefinitely unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the Committee or other available information. Although this assessment rate is effective for an indefinite period, the Committee will continue to meet prior to or during each fiscal period to recommend a budget of expenses and consider recommendations for modification of the assessment rate. The dates and times of Committee meetings are available from the Committee or USDA. Committee meetings are open to the public and interested persons may express their views at these meetings. USDA will evaluate Committee recommendations and other available information to determine whether modification of the assessment rate is needed. Further rulemaking will be undertaken as necessary. The Committee’s 2015–2016 budget and those for subsequent fiscal periods will be reviewed and, as appropriate, approved by USDA. rmajette on DSK2VPTVN1PROD with RULES Initial 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 initial regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. VerDate Sep<11>2014 15:08 Aug 18, 2015 Jkt 235001 There are approximately 250 producers of onions in the production area and approximately 31 handlers subject to regulation under the marketing order. Small agricultural producers are defined by the Small Business Administration 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). According to the National Agricultural Statistics Service, as reported in the Vegetables 2014 Summary, the total F.O.B. value of onions in the regulated production area for 2014 was $100,951,000. Based on an industry estimate of 31 handlers, the average value of onions handled per handler is $3,256,484, well below the SBA threshold for defining small agricultural service firms. In addition, based on an industry estimate of 250 producers, the average F.O.B. value of onions produced in the production area is $403,804 per producer. Therefore, it can be concluded that the majority of handlers and producers of Idaho-Eastern Oregon onions may be classified as small entities. This rule decreases the assessment rate established for the Committee and collected from handlers for the 2015– 2016 and subsequent fiscal periods from $0.10 to $0.05 per hundredweight of onions handled. The Committee recommended 2015–2016 expenditures of $705,473 and an assessment rate of $0.05 per hundredweight. The assessment rate of $0.05 is $0.05 lower than the 2014–2015 rate. The quantity of assessable onions for the 2015–2016 fiscal period is estimated at 8,800,000 hundredweight. Thus, the $0.05 rate should provide $440,000 in assessment income. Assessment income, along with interest and other income, contributions and grants, and funds from the Committee’s authorized reserve ($217,223), should be adequate to cover budgeted expenses of $705,473. The major expenditures recommended by the Committee for the 2015–2016 year include $6,000 for committee expenses, $115,412 for salary expenses, $67,810 for travel/office expenses, $466,251 for program expenses, and $50,000 for marketing order contingency. Budgeted expenses for these items in 2014–2015 were $6,000, $112,124, $107,810, $898,010, and $50,000, respectively. The Committee’s recommendation to decrease the assessment was in response to a request from handlers and growers to reduce promotion expenditures from $635,000 to $250,000 and to allow handlers to keep $0.05 per PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 hundredweight to spend on their own branded promotions. Prior to arriving at this budget and assessment rate, the Committee considered information from various sources, such as the Committee’s Executive, Research, Export, and Promotion Sub-Committees, grower associations, and industry leaders. Alternative expenditure levels were discussed by these groups, based upon the relative value of various activities to the onion industry. The Committee ultimately determined that income derived from handler assessments, along with interest and other income, contributions and grants, and funds from the Committee’s authorized reserve will be adequate to cover 2015–2016 budgeted expenses of $705,473. A review of historical information and preliminary information pertaining to the upcoming fiscal period indicates that the producer price for the 2015– 2016 fiscal period could range between $8.00 and $8.50 per hundredweight of onions. Utilizing these estimates and the assessment rate of $0.05 per hundredweight, estimated assessment revenue as a percentage of total grower revenue could range between 0.59 and 0.63 percent for the 2015–2016 fiscal period. This action decreases 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 Idaho-Eastern Oregon onion industry and all interested persons were invited to attend the meeting and participate in Committee deliberations on all issues. Like all Committee meetings, the April 21, 2015, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. Finally, interested persons are invited to submit comments on this interim rule, including the regulatory and informational impacts of this action on small businesses. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the order’s information collection requirements have been previously approved by the Office of Management and Budget (OMB) and assigned OMB No. 0581–0178, Vegetable and Specialty Crops. No changes in those requirements as a result of this action are necessary. Should any changes become necessary, E:\FR\FM\19AUR1.SGM 19AUR1 rmajette on DSK2VPTVN1PROD with RULES Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Rules and Regulations they would be submitted to OMB for approval. This action imposes no additional reporting or recordkeeping requirements on either small or large Idaho-Eastern Oregon onion 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. 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. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: https://www.ams.usda.gov/ 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 material presented, including the information and recommendation submitted by the Committee and other available information, it is hereby found that this rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act. Pursuant to 5 U.S.C. 553, it is also found and determined upon good cause that it is impracticable, unnecessary, and contrary to the public interest to give preliminary notice prior to putting this rule into effect, and that good cause exists for not postponing the effective date of this rule until 30 days after publication in the Federal Register because: (1) The 2015–2016 fiscal period begins on July 1, 2015, and the marketing order requires that the rate of assessment for each fiscal period apply to all assessable onions handled during such fiscal period; (2) the action decreases the assessment rate for assessable onions beginning with the 2015–2016 fiscal period; (3) handlers are aware of this action which was recommended by the Committee at a public meeting; and (4) this interim rule provides a 60-day comment period, and all comments timely received will be considered prior to finalization of this rule. List of Subjects in 7 CFR Part 958 Marketing agreements, Onions, Reporting and recordkeeping requirements. VerDate Sep<11>2014 15:08 Aug 18, 2015 Jkt 235001 For the reasons set forth in the preamble, 7 CFR part 958 is amended as follows: PART 958—ONIONS GROWN IN CERTAIN DESIGNATED COUNTIES IN IDAHO, AND MALHEUR COUNTY, OREGON 1. The authority citation for 7 CFR part 958 continues to read as follows: ■ Authority: 7 U.S.C. 601–674. 2. Section 958.240 is revised to read as follows: ■ § 958.240 Assessment rate. On and after July 1, 2015, an assessment rate of $0.05 per hundredweight is established for IdahoEastern Oregon onions. Dated: August 13, 2015. Rex A. Barnes, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2015–20444 Filed 8–18–15; 8:45 am] BILLING CODE P DEPARTMENT OF STATE 22 CFR Part 96 [Public Notice 9228] RIN 1400–AD82 Intercountry Adoptions: Regulatory Change To Prevent Accreditation and Approval Renewal Requests From Coming Due at the Same Time Department of State. Final rule. AGENCY: ACTION: This rule amends the Department of State (Department) regulation on the accreditation and approval of adoption service providers in intercountry adoptions. Most agencies and persons currently accredited received that accreditation at approximately the same time, which has resulted in a surge of concurrent renewal applications for consideration by the Council on Accreditation (COA), the designated accrediting entity. Permitting some agencies or persons to qualify for an extension by one year of the accreditation or approval period will result in a more even distribution of applications for renewal in a given year. By distributing renewals, and the resources needed to process them, COA will be further enabled to effectively and consistently carry out its other functions. DATES: Effective September 18, 2015. FOR FURTHER INFORMATION CONTACT: Carine Rosalia, Office of Legal Affairs, SUMMARY: PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 50195 Overseas Citizen Services, U.S. Department of State, CA/OCS/L, SA–17, Floor 10, Washington, DC 20522–1710; (202) 485–6079. SUPPLEMENTARY INFORMATION: Why is the Department promulgating this rule? This rule amends procedural aspects of the Intercountry Adoption Accreditation Regulations concerning the length of accreditation or approval found in 22 CFR part 96. Subpart G governs decisions on applications for accreditation and approval. Section 96.60 provides for accreditation or approval for a period of four years. Section 96.60 does not currently provide the opportunity to stagger the renewal applications, which results in many renewal applications coming due at the same time. This rule aids the accrediting entity in managing its workload. In particular, the amendments to this section will allow for a one-year extension of previously-granted accreditation or approval, not to exceed five years total, based on criteria included in the rule, and summarized here. The final rule establishes criteria for selecting which agencies or persons are eligible for the one-year extension. As a threshold matter, only agencies and persons that have no pending adoptionrelated complaint investigations or adverse actions will be eligible for an extension under this procedure. Also, those entities that have undergone a change in corporate or internal structure (such as a merger or a leadership change in chief executive or chief financial officer) since their initial accreditation/ approval or last renewal will not qualify for an extension under this procedure. If the agency or person meets the threshold criteria, in order to ensure that the extension achieves its purpose of staggering renewals thereafter, the Secretary in his discretion may consider additional factors including, but not limited to, the agency’s or person’s volume of intercountry adoption cases in the year preceding the application for renewal or extension, the agency’s or person’s U.S. state licensure record, and the number of extensions available. Since the President signed into law the Intercountry Adoption Universal Accreditation Act of 2012, approximately 40 new agencies received accreditation, all in the same year. The resulting surge in the number of agencies requiring review in certain years argued strongly for establishing a mechanism that would allow COA to better manage the distribution of renewals. The procedure outlined in this rulemaking allows a more even E:\FR\FM\19AUR1.SGM 19AUR1

Agencies

[Federal Register Volume 80, Number 160 (Wednesday, August 19, 2015)]
[Rules and Regulations]
[Pages 50193-50195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20444]

[[Page 50193]]

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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 958

[Doc. No. AMS-FV-15-0027; FV15-958-1 IR]

Onions Grown in Certain Designated Counties in Idaho, and Malheur
County, Oregon; Decreased Assessment Rate

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: This rule implements a recommendation from the Idaho-Eastern
Oregon Onion Committee (Committee) for a decrease in the assessment
rate established for the 2015-2016 and subsequent fiscal periods from
$0.10 to $0.05 per hundredweight of onions handled under the marketing
order (order). The Committee locally administers the order and is
comprised of producers and handlers of onions operating within the area
of production. Assessments upon onion handlers are used by the
Committee to fund reasonable and necessary expenses of the program. The
fiscal period begins July 1 and ends June 30. The assessment rate will
remain in effect indefinitely unless modified, suspended, or
terminated.

DATES: Effective August 20, 2015. Comments received by October 19,
2015, will be considered prior to issuance of a final rule.

ADDRESSES: Interested persons are invited to submit written comments
concerning this rule. Comments must be sent to the Docket Clerk,
Marketing Order and Agreement Division, Fruit and Vegetable Program,
AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC
20250-0237; Fax: (202) 720-8938; or Internet: https://www.regulations.gov. Comments should reference the document number and
the date and page number of this issue of the Federal Register and will
be available for public inspection in the Office of the Docket Clerk
during regular business hours, or can be viewed at: https://www.regulations.gov. All comments submitted in response to this rule
will be included in the record and will be made available to the
public. Please be advised that the identity of the individuals or
entities submitting the comments will be made public on the internet at
the address provided above.

FOR FURTHER INFORMATION CONTACT: Sue Coleman, Marketing Specialist, or
Gary D. Olson, Regional Director, Northwest Marketing Field Office,
Marketing Order and Agreement Division, Fruit and Vegetable Program,
AMS, USDA; Telephone: (503) 326-2724, Fax: (503) 326-7440, or Email:
Sue.Coleman@ams.usda.gov or GaryD.Olson@ams.usda.gov.
Small businesses may request information on complying with this
regulation by contacting Jeffrey Smutny, Marketing Order and Agreement
Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence
Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-
2491, Fax: (202) 720-8938, or Email: Jeffrey.Smutny@ams.usda.gov.

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing
Agreement No. 130 and Order No. 958, both as amended (7 CFR part 958),
regulating the handling of onions grown in designated counties in
Idaho, and Malheur County, Oregon, hereinafter referred to as the
``order.'' The order is effective under the Agricultural Marketing
Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter
referred to as the ``Act.''
The Department of Agriculture (USDA) is issuing this rule in
conformance with Executive Orders 12866, 13563, and 13175.
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. Under the marketing order now in effect, Idaho-Eastern
Oregon onion handlers are subject to assessments. Funds to administer
the order are derived from such assessments. It is intended that the
assessment rate as issued herein will be applicable to all assessable
onions beginning July 1, 2015, and continue until amended, suspended,
or terminated.
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. Such
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 decreases the assessment rate established for the
Committee for the 2015-2016 and subsequent fiscal periods from $0.10 to
$0.05 per hundredweight of onions.
The Idaho-Eastern Oregon onion marketing order provides authority
for the Committee, with the approval of USDA, to formulate an annual
budget of expenses and collect assessments from handlers to administer
the program. The members of the Committee are producers and handlers of
Idaho-Eastern Oregon onions. They are familiar with the Committee's
needs and with the costs for goods and services in their local area and
are thus in a position to formulate an appropriate budget and
assessment rate. The assessment rate is formulated and discussed in a
public meeting. Thus, all directly affected persons have an opportunity
to participate and provide input.
For the 2005-2006 and subsequent fiscal periods, the Committee
recommended, and USDA approved, an assessment rate that would continue
in effect from fiscal period to fiscal period unless modified,
suspended, or terminated by USDA upon recommendation and information
submitted by the Committee or other information available to USDA. The
Committee met on April 21, 2015, and recommended 2015-2016 expenditures
of $705,473 and an assessment rate of $0.05 per hundredweight of
onions. Ten Committee members voted for this change, one voted against,
and there were no abstentions.
In comparison, last year's budgeted expenditures were $1,173,944.
The assessment rate of $0.05 is $0.05 lower than the rate currently in
effect. The Committee's recommendation was in response to a request
from handlers and growers to reduce promotion expenditures from
$635,000 to $250,000, and to allow handlers to keep $0.05 per
hundredweight to spend on their own branded promotions.
The major expenditures recommended by the Committee for the 2015-
2016 year include $6,000 for committee expenses, $115,412 for salary
expenses, $67,810 for travel/office expenses, $466,251 for domestic and
export promotions and production research expenses, and $50,000 for
marketing order contingency. Budgeted expenses for these items in 2014-
2015 were $6,000, $112,124, $107,810, $898,010, and $50,000,
respectively.
The Committee based its recommended assessment rate decrease on the
2015-2016 crop estimates, the 2015-2016 program expenditure needs, and
the current and projected size of its monetary reserve. The Committee

[[Page 50194]]

estimated onion shipments for 2015-2016 at 8,800,000 hundredweight
which should provide $440,000 in assessment income. Income derived from
handler assessments, along with contributions ($7,000), interest income
($1,750), other income $(5,000), grant income ($34,500), and funds from
the Committee's authorized reserve ($217,223), should be adequate to
cover budgeted expenses. The Committee estimates that its operating
reserve will be approximately $340,344 at the end of the 2015-2016
fiscal period. Funds in the reserve will be kept within the maximum
permitted by the order of approximately one fiscal year's operational
expenses (Sec. 958.44).
The assessment rate established in this rule will continue in
effect indefinitely unless modified, suspended, or terminated by USDA
upon recommendation and information submitted by the Committee or other
available information.
Although this assessment rate is effective for an indefinite
period, the Committee will continue to meet prior to or during each
fiscal period to recommend a budget of expenses and consider
recommendations for modification of the assessment rate. The dates and
times of Committee meetings are available from the Committee or USDA.
Committee meetings are open to the public and interested persons may
express their views at these meetings. USDA will evaluate Committee
recommendations and other available information to determine whether
modification of the assessment rate is needed. Further rulemaking will
be undertaken as necessary. The Committee's 2015-2016 budget and those
for subsequent fiscal periods will be reviewed and, as appropriate,
approved by USDA.

Initial 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 initial regulatory flexibility
analysis.
The purpose of the RFA is to fit regulatory actions to the scale of
businesses subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. Marketing orders issued
pursuant to the Act, and the rules issued thereunder, are unique in
that they are brought about through group action of essentially small
entities acting on their own behalf.
There are approximately 250 producers of onions in the production
area and approximately 31 handlers subject to regulation under the
marketing order. Small agricultural producers are defined by the Small
Business Administration 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).
According to the National Agricultural Statistics Service, as
reported in the Vegetables 2014 Summary, the total F.O.B. value of
onions in the regulated production area for 2014 was $100,951,000.
Based on an industry estimate of 31 handlers, the average value of
onions handled per handler is $3,256,484, well below the SBA threshold
for defining small agricultural service firms. In addition, based on an
industry estimate of 250 producers, the average F.O.B. value of onions
produced in the production area is $403,804 per producer. Therefore, it
can be concluded that the majority of handlers and producers of Idaho-
Eastern Oregon onions may be classified as small entities.
This rule decreases the assessment rate established for the
Committee and collected from handlers for the 2015-2016 and subsequent
fiscal periods from $0.10 to $0.05 per hundredweight of onions handled.
The Committee recommended 2015-2016 expenditures of $705,473 and an
assessment rate of $0.05 per hundredweight. The assessment rate of
$0.05 is $0.05 lower than the 2014-2015 rate. The quantity of
assessable onions for the 2015-2016 fiscal period is estimated at
8,800,000 hundredweight. Thus, the $0.05 rate should provide $440,000
in assessment income. Assessment income, along with interest and other
income, contributions and grants, and funds from the Committee's
authorized reserve ($217,223), should be adequate to cover budgeted
expenses of $705,473.
The major expenditures recommended by the Committee for the 2015-
2016 year include $6,000 for committee expenses, $115,412 for salary
expenses, $67,810 for travel/office expenses, $466,251 for program
expenses, and $50,000 for marketing order contingency. Budgeted
expenses for these items in 2014-2015 were $6,000, $112,124, $107,810,
$898,010, and $50,000, respectively.
The Committee's recommendation to decrease the assessment was in
response to a request from handlers and growers to reduce promotion
expenditures from $635,000 to $250,000 and to allow handlers to keep
$0.05 per hundredweight to spend on their own branded promotions.
Prior to arriving at this budget and assessment rate, the Committee
considered information from various sources, such as the Committee's
Executive, Research, Export, and Promotion Sub-Committees, grower
associations, and industry leaders. Alternative expenditure levels were
discussed by these groups, based upon the relative value of various
activities to the onion industry. The Committee ultimately determined
that income derived from handler assessments, along with interest and
other income, contributions and grants, and funds from the Committee's
authorized reserve will be adequate to cover 2015-2016 budgeted
expenses of $705,473.
A review of historical information and preliminary information
pertaining to the upcoming fiscal period indicates that the producer
price for the 2015-2016 fiscal period could range between $8.00 and
$8.50 per hundredweight of onions. Utilizing these estimates and the
assessment rate of $0.05 per hundredweight, estimated assessment
revenue as a percentage of total grower revenue could range between
0.59 and 0.63 percent for the 2015-2016 fiscal period.
This action decreases 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 Idaho-Eastern Oregon onion industry and all
interested persons were invited to attend the meeting and participate
in Committee deliberations on all issues. Like all Committee meetings,
the April 21, 2015, meeting was a public meeting and all entities, both
large and small, were able to express views on this issue. Finally,
interested persons are invited to submit comments on this interim rule,
including the regulatory and informational impacts of this action on
small businesses.

Paperwork Reduction Act

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), the order's information collection requirements have been
previously approved by the Office of Management and Budget (OMB) and
assigned OMB No. 0581-0178, Vegetable and Specialty Crops. No changes
in those requirements as a result of this action are necessary. Should
any changes become necessary,

[[Page 50195]]

they would be submitted to OMB for approval.
This action imposes no additional reporting or recordkeeping
requirements on either small or large Idaho-Eastern Oregon onion
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.
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.
USDA has not identified any relevant Federal rules that duplicate,
overlap, or conflict with this rule.
A small business guide on complying with fruit, vegetable, and
specialty crop marketing agreements and orders may be viewed at: https://www.ams.usda.gov/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 material presented, including
the information and recommendation submitted by the Committee and other
available information, it is hereby found that this rule, as
hereinafter set forth, will tend to effectuate the declared policy of
the Act.
Pursuant to 5 U.S.C. 553, it is also found and determined upon good
cause that it is impracticable, unnecessary, and contrary to the public
interest to give preliminary notice prior to putting this rule into
effect, and that good cause exists for not postponing the effective
date of this rule until 30 days after publication in the Federal
Register because: (1) The 2015-2016 fiscal period begins on July 1,
2015, and the marketing order requires that the rate of assessment for
each fiscal period apply to all assessable onions handled during such
fiscal period; (2) the action decreases the assessment rate for
assessable onions beginning with the 2015-2016 fiscal period; (3)
handlers are aware of this action which was recommended by the
Committee at a public meeting; and (4) this interim rule provides a 60-
day comment period, and all comments timely received will be considered
prior to finalization of this rule.

List of Subjects in 7 CFR Part 958

Marketing agreements, Onions, Reporting and recordkeeping
requirements.

For the reasons set forth in the preamble, 7 CFR part 958 is
amended as follows:

PART 958--ONIONS GROWN IN CERTAIN DESIGNATED COUNTIES IN IDAHO, AND
MALHEUR COUNTY, OREGON

0
1. The authority citation for 7 CFR part 958 continues to read as
follows:

Authority: 7 U.S.C. 601-674.

0
2. Section 958.240 is revised to read as follows:

Sec. 958.240 Assessment rate.

On and after July 1, 2015, an assessment rate of $0.05 per
hundredweight is established for Idaho-Eastern Oregon onions.

Dated: August 13, 2015.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2015-20444 Filed 8-18-15; 8:45 am]
BILLING CODE P

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