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