Tomatoes Grown in Florida; Decreased Assessment Rate, 15425-15426 [2016-06459]

Download as PDF 15425 Rules and Regulations Federal Register Vol. 81, No. 56 Wednesday, March 23, 2016 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 966 [Doc. No. AMS–FV–15–0058; FV15–966–1 FIR] Tomatoes Grown in Florida; Decreased Assessment Rate Agricultural Marketing Service, USDA. ACTION: Affirmation of interim rule as final rule. AGENCY: The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim rule that implemented a recommendation from the Florida Tomato Committee (Committee) to decrease the assessment rate established for the Florida Tomato Committee (Committee) for the 2015–2016 and subsequent fiscal periods from $0.0375 to $0.03 per 25-pound carton of tomatoes handled under the marketing order (order). The Committee locally administers the order and is comprised of producers of tomatoes operating within the area of production. The interim rule was necessary to more closely align assessment income to the Committee’s lower budget. DATES: Effective March 24, 2016. FOR FURTHER INFORMATION CONTACT: Steven Kauffman, Marketing Specialist or Christian D. Nissen, Regional Director, Southeast Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (863) 324– 3375, Fax: (863) 291–8614, or Email: Steven.Kauffman@ams.usda.gov or Christian.Nissen@ams.usda.gov. Small businesses may obtain information on complying with this and other marketing order regulations by viewing a guide at the following Web site: http://www.ams.usda.gov/rules- jstallworth on DSK7TPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 15:23 Mar 22, 2016 Jkt 238001 regulations/moa/small-businesses; or by contacting Antoinette Carter, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250–0237; Telephone: (202) 720–2491, Fax: (202) 720–8938, or Email: Antoinette.Carter@ ams.usda.gov. SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Agreement No. 125 and Order No. 966, both as amended (7 CFR part 966), regulating the handling of tomatoes grown in Florida, hereinafter referred to as the ‘‘order.’’ The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601–674), hereinafter referred to as the ‘‘Act.’’ The Department of Agriculture (USDA) is issuing this rule in conformance with Executive Orders 12866, 13563, and 13175. Under the order, Florida tomato handlers are subject to assessments, which provide funds to administer the order. Assessment rates issued under the order are intended to be applicable to all assessable Florida tomatoes for the entire fiscal period, and continue indefinitely until amended, suspended, or terminated. The Committee’s fiscal period begins on August 1, and ends on July 31. In an interim rule published in the Federal Register on November 25, 2015, and effective on November 27, 2015, (80 FR 73642, Doc. No. AMS–FV–15–0058; FV15–966–1 IR), § 966.234 was amended by decreasing the assessment rate established for Florida tomatoes for the 2015–2016 and subsequent fiscal periods from $0.0375 to $0.03 per 25pound carton. The decrease in the per 25-pound carton assessment rate more closely aligns assessment income to the Committee’s lower budget. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA) (5 U.S.C. 601–612), the Agricultural Marketing Service (AMS) has considered the economic impact of this rule on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. There are approximately 100 producers of tomatoes in the production area and approximately 80 handlers subject to regulation under the marketing order. Small agricultural producers are defined by the Small Business Administration (SBA) as those having annual receipts of less than $750,000, and small agricultural service firms are defined as those whose annual receipts are less than $7,500,000 (13 CFR 121.201). Based on industry and Committee data, the average annual price for fresh Florida tomatoes during the 2014–15 season was approximately $10.58 per 25-pound container, and total fresh shipments for the 2014–15 season were approximately 36.5 million cartons. Based on the average price, about 80 percent of handlers could be considered small businesses under SBA’s definition. In addition, based on production data, grower prices as reported by the National Agricultural Statistics Service, and the total number of Florida tomato growers, the average annual grower revenue is below $750,000. Thus, the majority of handlers and producers of Florida tomatoes may be classified as small entities. This rule continues in effect the action that decreased the assessment rate established for the Committee and collected from handlers for the 2015–16 and subsequent fiscal periods from $0.0375 to $0.03 per 25-pound carton of tomatoes. The Committee unanimously recommended 2015–16 expenditures of $1,513,177 and an assessment rate of $0.03 per 25-pound carton. The assessment rate of $0.03 is $0.0075 lower than the 2013–14 rate. The quantity of assessable tomatoes for the 2015–16 season is estimated at 33 million cartons. Thus, the $0.03 rate should provide $990,000 in assessment income. Income derived from handler assessments, along with funds from the Committee’s authorized reserve, interest income, and funds from block grants, will be adequate to cover budgeted expenses. The decrease in the per 25pound carton assessment rate more closely aligns assessment income to the Committee’s lower budget. E:\FR\FM\23MRR1.SGM 23MRR1 jstallworth on DSK7TPTVN1PROD with RULES 15426 Federal Register / Vol. 81, No. 56 / Wednesday, March 23, 2016 / Rules and Regulations This rule continues in effect the action that decreased the assessment obligation imposed on handlers. Assessments are applied uniformly on all handlers, and some of the costs may be passed on to producers. However, decreasing the assessment rate reduces the burden on handlers, and may reduce the burden on producers. In addition, the Committee’s meeting was widely publicized throughout the Florida tomato industry and all interested persons were invited to attend the meeting and participate in Committee deliberations on all issues. Like all Committee meetings, the August 25, 2015, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. 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, they would be submitted to OMB for approval. This action imposes no additional reporting or recordkeeping requirements on either small or large Florida tomato handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with this rule. Comments on the interim rule were required to be received on or before January 25, 2016. No comments were received. Therefore, for reasons given in the interim rule, we are adopting the interim rule as a final rule, without change. To view the interim rule, go to: http://www.regulations.gov/ #!documentDetail;D=AMS-FV-15-00580001. This action also affirms information contained in the interim rule concerning Executive Orders 12866, 12988, 13175, and 13563; the Paperwork Reduction Act (44 U.S.C. Chapter 35); and the EGov Act (44 U.S.C. 101). After consideration of all relevant material presented, it is found that finalizing the interim rule, without change, as published in the Federal Register (80 FR 73642, November 25, 2015) will tend to effectuate the declared policy of the Act. VerDate Sep<11>2014 15:23 Mar 22, 2016 Jkt 238001 List of Subjects in 7 CFR Part 966 Marketing agreements, Reporting and recordkeeping requirements, Tomatoes. PART 966—TOMATOES GROWN IN FLORIDA Accordingly, the interim rule amending 7 CFR part 966, which was published at 80 FR 73642, November 25, 2015, is adopted as a final rule, without change. Dated: March 17, 2016. Elanor Starmer, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2016–06459 Filed 3–22–16; 8:45 am] BILLING CODE 3410–02–P correction addresses the placement of those provisions under 10 CFR 429.134 at paragraph (h). At the time of publication of the January 2015 final rule, 10 CFR 429.134(h) already existed. In order to remedy this error, DOE is issuing this final rule correction to move these provisions, verbatim, to 10 CFR 429.134(i). Correction In final rule FR Doc. 2016–00039, published in the issue of Monday, January 25, 2016 (81 FR 4085), on page 4145, in the second and third columns, amendatory instruction 10 is corrected to read as follows: ■ 10. Section 429.134 is amended by adding paragraph (i) to read as follows: § 429.134 Product-specific enforcement provisions. DEPARTMENT OF ENERGY * 10 CFR Parts 429 and 431 [Docket No. EERE–2013–BT–TP–0055] RIN 1905–AD50 Energy Conservation Program: Test Procedure for Pumps; Correction Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Final rule; correction. AGENCY: On January 25, 2016, the U.S. Department of Energy (DOE) published a final rule amending the test procedures for pumps. This correction addresses a technical error in that final rule. DATES: Effective: March 23, 2016. FOR FURTHER INFORMATION CONTACT: Ms. Ashley Armstrong, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE–5B, 1000 Independence Avenue SW., Washington, DC 20585–0121. Telephone: (202) 586–6590. Email: pumps@ee.doe.gov. Ms. Jennifer Tiedeman, U.S. Department of Energy, Office of the General Counsel, GC–33, 1000 Independence Avenue SW., Washington, DC 20585–0121. Telephone: (202) 287–6111. Email: Jennifer.Tiedeman@hq.doe.gov. SUPPLEMENTARY INFORMATION: The U.S. Department of Energy (DOE) published a final rule in the Federal Register on January 25, 2016 (‘‘the January 2016 final rule’’) amending the test procedure for pumps. (81 FR 4085.) As part of that final rule, DOE amended 10 CFR 429.134 to add a paragraph (h), which addresses product-specific enforcement provisions related to pumps. This SUMMARY: PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 * * * * (i) Pumps. (1) The volume rate of flow (flow rate) at BEP and nominal speed of rotation of each tested unit of the basic model will be measured pursuant to the test requirements of § 431.464 of this chapter, where the value of volume rate of flow (flow rate) at BEP and nominal speed of rotation certified by the manufacturer will be treated as the expected BEP flow rate. The results of the measurement(s) will be compared to the value of volume rate of flow (flow rate) at BEP and nominal speed of rotation certified by the manufacturer. The certified volume rate of flow (flow rate) at BEP and nominal speed of rotation will be considered valid only if the measurement(s) (either the measured volume rate of flow (flow rate) at BEP and nominal speed of rotation for a single unit sample or the average of the measured flow rates for a multiple unit sample) is within five percent of the certified volume rate of flow (flow rate) at BEP and nominal speed of rotation. (i) If the representative value of volume rate of flow (flow rate) at BEP and nominal speed of rotation is found to be valid, the measured volume rate of flow (flow rate) at BEP and nominal speed of rotation will be used in subsequent calculations of constant load pump energy rating (PERCL) and constant load pump energy index (PEICL) or variable load pump energy rating (PERVL) and variable load pump energy index (PEIVL) for that basic model. (ii) If the representative value of volume rate of flow (flow rate) at BEP and nominal speed of rotation is found to be invalid, the mean of all the measured volume rate of flow (flow rate) at BEP and nominal speed of rotation values determined from the tested E:\FR\FM\23MRR1.SGM 23MRR1

Agencies

[Federal Register Volume 81, Number 56 (Wednesday, March 23, 2016)]
[Rules and Regulations]
[Pages 15425-15426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06459]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 81, No. 56 / Wednesday, March 23, 2016 / 
Rules and Regulations

[[Page 15425]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 966

[Doc. No. AMS-FV-15-0058; FV15-966-1 FIR]


Tomatoes Grown in Florida; Decreased Assessment Rate

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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

SUMMARY: The Department of Agriculture (USDA) is adopting, as a final 
rule, without change, an interim rule that implemented a recommendation 
from the Florida Tomato Committee (Committee) to decrease the 
assessment rate established for the Florida Tomato Committee 
(Committee) for the 2015-2016 and subsequent fiscal periods from 
$0.0375 to $0.03 per 25-pound carton of tomatoes handled under the 
marketing order (order). The Committee locally administers the order 
and is comprised of producers of tomatoes operating within the area of 
production. The interim rule was necessary to more closely align 
assessment income to the Committee's lower budget.

DATES: Effective March 24, 2016.

FOR FURTHER INFORMATION CONTACT: Steven Kauffman, Marketing Specialist 
or Christian D. Nissen, Regional Director, Southeast Marketing Field 
Office, Marketing Order and Agreement Division, Specialty Crops 
Program, AMS, USDA; Telephone: (863) 324-3375, Fax: (863) 291-8614, or 
Email: Steven.Kauffman@ams.usda.gov or Christian.Nissen@ams.usda.gov.
    Small businesses may obtain information on complying with this and 
other marketing order regulations by viewing a guide at the following 
Web site: http://www.ams.usda.gov/rules-regulations/moa/small-businesses; or by contacting Antoinette Carter, Marketing Order and 
Agreement Division, Specialty Crops Program, AMS, USDA, 1400 
Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; 
Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: 
Antoinette.Carter@ams.usda.gov.

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing 
Agreement No. 125 and Order No. 966, both as amended (7 CFR part 966), 
regulating the handling of tomatoes grown in Florida, hereinafter 
referred to as the ``order.'' The order is effective under the 
Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-
674), hereinafter referred to as the ``Act.''
    The Department of Agriculture (USDA) is issuing this rule in 
conformance with Executive Orders 12866, 13563, and 13175.
    Under the order, Florida tomato handlers are subject to 
assessments, which provide funds to administer the order. Assessment 
rates issued under the order are intended to be applicable to all 
assessable Florida tomatoes for the entire fiscal period, and continue 
indefinitely until amended, suspended, or terminated. The Committee's 
fiscal period begins on August 1, and ends on July 31.
    In an interim rule published in the Federal Register on November 
25, 2015, and effective on November 27, 2015, (80 FR 73642, Doc. No. 
AMS-FV-15-0058; FV15-966-1 IR), Sec.  966.234 was amended by decreasing 
the assessment rate established for Florida tomatoes for the 2015-2016 
and subsequent fiscal periods from $0.0375 to $0.03 per 25-pound 
carton. The decrease in the per 25-pound carton assessment rate more 
closely aligns assessment income to the Committee's lower budget.

Final Regulatory Flexibility Analysis

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS) 
has considered the economic impact of this rule on small entities. 
Accordingly, AMS has prepared this final regulatory flexibility 
analysis.
    The purpose of the RFA is to fit regulatory actions to the scale of 
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 100 producers of tomatoes in the production 
area and approximately 80 handlers subject to regulation under the 
marketing order. Small agricultural producers are defined by the Small 
Business Administration (SBA) as those having annual receipts of less 
than $750,000, and small agricultural service firms are defined as 
those whose annual receipts are less than $7,500,000 (13 CFR 121.201).
    Based on industry and Committee data, the average annual price for 
fresh Florida tomatoes during the 2014-15 season was approximately 
$10.58 per 25-pound container, and total fresh shipments for the 2014-
15 season were approximately 36.5 million cartons. Based on the average 
price, about 80 percent of handlers could be considered small 
businesses under SBA's definition. In addition, based on production 
data, grower prices as reported by the National Agricultural Statistics 
Service, and the total number of Florida tomato growers, the average 
annual grower revenue is below $750,000. Thus, the majority of handlers 
and producers of Florida tomatoes may be classified as small entities.
    This rule continues in effect the action that decreased the 
assessment rate established for the Committee and collected from 
handlers for the 2015-16 and subsequent fiscal periods from $0.0375 to 
$0.03 per 25-pound carton of tomatoes. The Committee unanimously 
recommended 2015-16 expenditures of $1,513,177 and an assessment rate 
of $0.03 per 25-pound carton. The assessment rate of $0.03 is $0.0075 
lower than the 2013-14 rate. The quantity of assessable tomatoes for 
the 2015-16 season is estimated at 33 million cartons. Thus, the $0.03 
rate should provide $990,000 in assessment income. Income derived from 
handler assessments, along with funds from the Committee's authorized 
reserve, interest income, and funds from block grants, will be adequate 
to cover budgeted expenses. The decrease in the per 25-pound carton 
assessment rate more closely aligns assessment income to the 
Committee's lower budget.

[[Page 15426]]

    This rule continues in effect the action that decreased the 
assessment obligation imposed on handlers. Assessments are applied 
uniformly on all handlers, and some of the costs may be passed on to 
producers. However, decreasing the assessment rate reduces the burden 
on handlers, and may reduce the burden on producers.
    In addition, the Committee's meeting was widely publicized 
throughout the Florida tomato industry and all interested persons were 
invited to attend the meeting and participate in Committee 
deliberations on all issues. Like all Committee meetings, the August 
25, 2015, meeting was a public meeting and all entities, both large and 
small, were able to express views on this issue.
    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, they would be submitted to OMB for 
approval.
    This action imposes no additional reporting or recordkeeping 
requirements on either small or large Florida tomato handlers. As with 
all Federal marketing order programs, reports and forms are 
periodically reviewed to reduce information requirements and 
duplication by industry and public sector agencies.
    USDA has not identified any relevant Federal rules that duplicate, 
overlap or conflict with this rule.
    Comments on the interim rule were required to be received on or 
before January 25, 2016. No comments were received. Therefore, for 
reasons given in the interim rule, we are adopting the interim rule as 
a final rule, without change.
    To view the interim rule, go to: http://www.regulations.gov/#!documentDetail;D=AMS-FV-15-0058-0001.
    This action also affirms information contained in the interim rule 
concerning Executive Orders 12866, 12988, 13175, and 13563; the 
Paperwork Reduction Act (44 U.S.C. Chapter 35); and the E-Gov Act (44 
U.S.C. 101).
    After consideration of all relevant material presented, it is found 
that finalizing the interim rule, without change, as published in the 
Federal Register (80 FR 73642, November 25, 2015) will tend to 
effectuate the declared policy of the Act.

List of Subjects in 7 CFR Part 966

    Marketing agreements, Reporting and recordkeeping requirements, 
Tomatoes.

PART 966--TOMATOES GROWN IN FLORIDA

    Accordingly, the interim rule amending 7 CFR part 966, which was 
published at 80 FR 73642, November 25, 2015, is adopted as a final 
rule, without change.

    Dated: March 17, 2016.
Elanor Starmer,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2016-06459 Filed 3-22-16; 8:45 am]
BILLING CODE 3410-02-P