Tomatoes Grown in Florida; Reapportionment of Membership, 33913-33915 [2021-13705]
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33913
Proposed Rules
Federal Register
Vol. 86, No. 121
Monday, June 28, 2021
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 966
[Doc. No. AMS–SC–21–0016; SC21–966–1
PR]
Tomatoes Grown in Florida;
Reapportionment of Membership
Agricultural Marketing Service,
USDA.
ACTION: Proposed rule.
AGENCY:
This proposed rule would
adjust the number of member seats
apportioned to each district represented
on the Florida Tomato Committee
(Committee). The Department of
Agriculture (USDA) is taking this action
based on an amendatory change to the
marketing order for tomatoes grown in
Florida, which reduced the size of the
Committee from 12 members to 10. This
action would reduce the member seats
in each of the two districts from six
members and their alternates to five
members and their alternates.
DATES: Comments must be received by
July 28, 2021.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this proposal. Comments
must be sent to the Docket Clerk,
Marketing Order and Agreement
Division, Specialty Crops Program,
AMS, USDA, 1400 Independence
Avenue SW, STOP 0237, Washington,
DC 20250–0237; Fax: (202) 720–8938; or
internet: https://www.regulations.gov. All
comments should reference the
document number and the date and
page number of this issue of the Federal
Register and will be made 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 proposal
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
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SUMMARY:
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comments will be made public on the
internet at the address provided above.
FOR FURTHER INFORMATION CONTACT:
Steven W. 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@usda.gov or
Christian.Nissen@usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Richard Lower,
Marketing Order and Agreement
Division, Specialty Crops Program,
AMS, USDA, 1400 Independence
Avenue SW, STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, or email: Richard.Lower@
usda.gov.
SUPPLEMENTARY INFORMATION: This
action, pursuant to 5 U.S.C. 553,
proposes an amendment to regulations
issued to carry out a marketing order as
defined in 7 CFR 900.2(j). This proposed
rule is issued under Marketing
Agreement No. 125 and Order No. 966,
as amended (7 CFR part 966), regulating
the handling of tomatoes grown in
Florida. Part 966 (referred to as 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
Committee locally administers the
Order and is comprised of producers
operating within the production area.
The Department of Agriculture
(USDA) is issuing this proposed rule in
conformance with Executive Orders
12866 and 13563. Executive Orders
12866 and 13563 direct agencies to
assess all costs and benefits of available
regulatory alternatives and, if regulation
is necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts and equity).
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, reducing costs,
harmonizing rules, and promoting
flexibility. This action falls within a
category of regulatory actions that the
Office of Management and Budget
(OMB) exempted from Executive Order
12866 review.
This proposed rule has been reviewed
under Executive Order 13175—
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Fmt 4702
Sfmt 4702
Consultation and Coordination with
Indian Tribal Governments, which
requires agencies to consider whether
their rulemaking actions would have
tribal implications. AMS has
determined this proposed rule is
unlikely to have substantial direct
effects on one or more Indian tribes, on
the relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes.
This proposed rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. This proposed 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 proposed rule invites comments
on changes to the Committee
membership as prescribed in the Order.
USDA is taking this action as a
conforming change following
amendments to the Order published in
the Federal Register on November 16,
2020 (85 FR 72914). The amendments,
in part, reduced membership on the
Committee from 12 members and their
alternates to 10 members and their
alternates. This action would reduce the
member seats in each of the two
districts from six members and their
alternates to five members and their
alternates, maintaining equitable
representation on the Committee from
both districts.
Section 966.22 provides for the
establishment of membership on the
Committee. The ten members and their
alternates shall be producers, or officers
or employees of a corporate producer, in
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the district for which selected and a
resident of the production area. Section
966.160 defines the two districts from
which producers serve as
representatives on the Committee.
Section 966.25 provides the authority
for the Committee to recommend, with
the approval of the Secretary,
reapportionment of members among
districts, and the reestablishment of
districts within the production area.
Section 966.161 apportions Committee
membership among the two districts
pursuant to § 966.25.
The Committee met on November 1,
2018, and February 27, 2019, to
recommend changes to the Order. These
recommendations included reducing the
Committee size from 12 members to 10;
reducing the number of districts in the
production area from four districts to
two, maintaining that membership on
the Committee be divided evenly
between the two districts. The reduction
to two districts and the reapportionment
of Committee membership that provided
equal representation of six members in
each of those newly formed districts
were completed under a separate
rulemaking action published in the
Federal Register on September 26, 2019
(84 FR 50711).
During the Committee’s discussion of
the amendments and the reduction in
Committee size, members indicated they
wanted to maintain the equity in
membership between the two districts.
With the reduction in the Committee
size from 12 members and their
alternates to 10 members and their
alternates, this rule would make a
conforming change to the Committee
membership as apportioned in
§ 966.161. This action would reduce the
seats in each district from six members
and their alternates to five members and
their alternates. This would maintain
the equitable representation on the
Committee and bring the number of
apportioned seats in line with the
reduced number of members authorized
in the Order.
Accordingly, each district would
nominate five members and five
alternates for a total of 10 members and
10 alternate nominees to serve on the
Committee.
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
proposed 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
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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 65 producers
of Florida tomatoes in the production
area and 41 handlers subject to
regulation under the Order. Small
agricultural producers are defined by
the Small Business Administration
(SBA) as those having annual receipts
less than $1,000,000 and small
agricultural service firms are defined as
those whose annual receipts are less
than $30,000,000 (13 CFR 121.201).
With an estimated producer price of
$14.00 per 25-pound container, the
number of Florida tomato producers,
and a normal distribution assumed, the
average annual producer revenue is
above $1,000,000, ($14.00 times 22.3
million containers equals $312,200,000
divided by 65 producers equals
$4,803,077 per producer). Thus, the
majority of producers of Florida
tomatoes may be classified as large
entities.
According to industry and Committee
data, the average annual price for fresh
Florida tomatoes during the 2019–20
season was approximately $19.07 per
25-pound container, and total fresh
shipments were 22.3 million containers.
Using the average price and shipment
information, the number of handlers,
and a normal distribution assumed, the
majority of handlers have average
annual receipts of less than $30,000,000,
($19.07 times 22.3 million containers
equals $425,261,000 divided by 41
handlers equals $10,372,220 per
handler). Thus, the majority of handlers
of Florida tomatoes may be classified as
small entities.
This proposed rule would adjust the
number of member seats apportioned on
the Committee. USDA is taking this
action based on an amendatory change
to the Order, which reduced the size of
the Committee from 12 members to 10.
This action would reduce the member
seats in each of the two districts from
six members and their alternates to five
members and their alternates. This
change would revise § 966.161 pursuant
to the authority in § 966.25.
It is not anticipated that this action
would impose any additional costs on
the industry. This change is a
conforming change and would not
establish any new regulatory
requirements on handlers. There would
be no change in financial costs,
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Fmt 4702
Sfmt 4702
reporting, or recordkeeping
requirements because of this action.
This action would reduce the
apportioned members from six members
and their alternates to five members and
their alternates in each of the two
districts to reflect the recent amendatory
action which reduced the size of the
Committee. The balance of
representation on the Committee would
remain the same with member seats
divided evenly between the two
districts. The effects of this rule would
not be disproportionately greater or less
for small entities than for larger entities.
Alternatives to reapportionment were
discussed and considered by the
Committee. However, these alternatives
were rejected. The Committee agreed
that given the number of producers had
decreased, reducing the Committee size
would make it more reflective of today’s
industry. The Committee also wanted to
maintain the balance of representation
between the two districts. With the
amendatory change to the Order, this
action is necessary to make the
regulations conform to the Order
requirements.
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 OMB and
assigned OMB No. 0581–0178,
Vegetable and Specialty Crops. No
changes in those requirements would be
necessary because of this proposed rule.
Should any changes become necessary,
they would be submitted to OMB for
approval.
This proposed rule would not impose
any 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.
The Committee’s meetings are widely
publicized throughout the Florida
tomato industry, and all interested
persons are invited to attend the
meetings and participate in Committee
deliberations on all issues. Like all
Committee meetings, the November 1,
2018, and February 27, 2019, meetings
were open to the public, and all entities,
both large and small, were able to
express their views on this issue.
Finally, interested persons are invited to
submit comments on this proposed rule,
including the regulatory and
information collection impacts of this
action on small businesses.
AMS is committed to complying with
the E-Government Act, to promote the
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Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Proposed Rules
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 proposed 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/
rules-regulations/moa/small-businesses.
Any questions about the compliance
guide should be sent to Richard Lower
at the previously mentioned address in
the FOR FURTHER INFORMATION CONTACT
section.
A 30-day comment period is provided
to allow interested persons to respond
to this proposal. All written comments
timely received will be considered
before a final determination is made on
this matter.
List of Subjects in 7 CFR Part 966
Marketing agreements, Reporting and
recordkeeping requirements, Tomatoes.
For the reasons set forth in the
preamble, 7 CFR part 966 is proposed to
be amended as follows:
PART 966—TOMATOES GROWN IN
FLORIDA
1. The authority citation for 7 CFR
part 966 continues to read as follows:
■
2. Revise § 966.161 to read as follows:
§ 966.161 Reapportionment of committee
membership.
Pursuant to § 966.25, industry
membership on the Florida Tomato
Committee shall be reapportioned as
follows:
(a) District 1—five members and their
alternates.
(b) District 2—five members and their
alternates.
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Erin Morris,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2021–13705 Filed 6–25–21; 8:45 am]
BILLING CODE P
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2018–0422; Product
Identifier 2018–CE–015–AD]
RIN 2120–AA64
Airworthiness Directives; Pacific
Aerospace Limited Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Proposed rule; withdrawal.
AGENCY:
The FAA is withdrawing a
notice of proposed rulemaking (NPRM)
that proposed to supersede
airworthiness directive (AD) AD 2015–
23–03 for Pacific Aerospace Limited
Model 750XL airplanes. The NPRM was
prompted by mandatory continuing
airworthiness information (MCAI)
issued by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as fatigue cracks on the fin
forward pickup plates. Since issuance of
the NPRM, the FAA has determined that
the actions required by AD 2015–23–03
address the unsafe condition.
Accordingly, the NPRM is withdrawn.
DATES: As of June 28, 2021, the
proposed rule, which published in the
Federal Register on June 18, 2018 (83
FR 28171), is withdrawn.
ADDRESSES:
SUMMARY:
Examining the AD Docket
Authority: 7 U.S.C. 601–674.
■
DEPARTMENT OF TRANSPORTATION
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2018–0422; or in person at Docket
Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The AD docket contains this
AD action, any comments received, and
other information. The street address for
Docket Operations is U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
Mike Kiesov, Aviation Safety Engineer,
FAA, General Aviation & Rotorcraft
Section, International Validation
Branch, 901 Locust, Room 301, Kansas
City, MO 64106; phone: (816) 329–4144;
fax: (816) 329–4090; email:
mike.kiesov@faa.gov.
SUPPLEMENTARY INFORMATION:
The FAA issued an NPRM that
proposed to amend 14 CFR part 39 by
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PO 00000
Frm 00003
adding an AD that would apply to
certain Pacific Aerospace Limited
Model 750XL airplanes. The NPRM was
published in the Federal Register on
June 18, 2018 (83 FR 28171), and
proposed to supersede AD 2015–23–03,
Amendment 39–18319 (80 FR 69569,
November 10, 2015) (AD 2015–23–03).
AD 2015–23–03 requires reducing the
torque setting for the fin forward pickup
bolt, inspecting the fin forward pickup
plates for cracks, and replacing the fin
forward pickup plates. The NPRM was
based on MCAI originated by the Civil
Aviation Authority (CAA) of New
Zealand. The MCAI states:
This [CAA] AD revised to introduce Pacific
Aerospace Limited Mandatory Service
Bulletin (MSB) PACSB/XL/068 issue 6, dated
8 January 2018. The changes to the SB are
limited to minor editorial changes, and the
addition of alternate P/N [part number] hi-lok
fasteners due to limited availability of the
original P/N. There are no changes to the AD
applicability or the requirements.
Actions Since the NPRM Was Issued
After issuance of the NPRM, the FAA
has determined that the actions required
by AD 2015–23–03 address the unsafe
condition. The new service information
is unchanged except for editorial
changes and the addition of alternate hilok fasteners. AD 2015–23–03 only
requires the procedures in the service
information that was incorporated by
reference and not the materials. Thus,
operators may use the new hi-lok
fasteners to comply with AD 2015–23–
03 without an alternative method of
compliance. Based on the above
information, the FAA has determined
that AD action is not warranted and the
proposal should be withdrawn.
Withdrawal of the NPRM constitutes
only such action and does not preclude
the FAA from further rulemaking on
this issue, nor does it commit the FAA
to any course of action in the future.
Regulatory Findings
Since this action only withdraws an
NPRM, it is neither a proposed AD nor
a final rule. This action, therefore, is not
covered under Executive Order 12866 or
the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Withdrawal
Accordingly, the notice of proposed
rulemaking, which published in the
Federal Register on June 18, 2018 (83
FR 28171), is withdrawn.
■
Background
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33915
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]]>Agencies
[Federal Register Volume 86, Number 121 (Monday, June 28, 2021)]
[Proposed Rules]
[Pages 33913-33915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13705]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 /
Proposed Rules
[[Page 33913]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 966
[Doc. No. AMS-SC-21-0016; SC21-966-1 PR]
Tomatoes Grown in Florida; Reapportionment of Membership
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would adjust the number of member seats
apportioned to each district represented on the Florida Tomato
Committee (Committee). The Department of Agriculture (USDA) is taking
this action based on an amendatory change to the marketing order for
tomatoes grown in Florida, which reduced the size of the Committee from
12 members to 10. This action would reduce the member seats in each of
the two districts from six members and their alternates to five members
and their alternates.
DATES: Comments must be received by July 28, 2021.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposal. Comments must be sent to the Docket Clerk,
Marketing Order and Agreement Division, Specialty Crops Program, AMS,
USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-
0237; Fax: (202) 720-8938; or internet: https://www.regulations.gov. All
comments should reference the document number and the date and page
number of this issue of the Federal Register and will be made 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 proposal 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: Steven W. 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: [email protected] or
[email protected].
Small businesses may request information on complying with this
regulation by contacting Richard Lower, Marketing Order and Agreement
Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue
SW, STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, or
email: [email protected].
SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553,
proposes an amendment to regulations issued to carry out a marketing
order as defined in 7 CFR 900.2(j). This proposed rule is issued under
Marketing Agreement No. 125 and Order No. 966, as amended (7 CFR part
966), regulating the handling of tomatoes grown in Florida. Part 966
(referred to as 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 Committee locally
administers the Order and is comprised of producers operating within
the production area.
The Department of Agriculture (USDA) is issuing this proposed rule
in conformance with Executive Orders 12866 and 13563. Executive Orders
12866 and 13563 direct agencies to assess all costs and benefits of
available regulatory alternatives and, if regulation is necessary, to
select regulatory approaches that maximize net benefits (including
potential economic, environmental, public health and safety effects,
distributive impacts and equity). Executive Order 13563 emphasizes the
importance of quantifying both costs and benefits, reducing costs,
harmonizing rules, and promoting flexibility. This action falls within
a category of regulatory actions that the Office of Management and
Budget (OMB) exempted from Executive Order 12866 review.
This proposed rule has been reviewed under Executive Order 13175--
Consultation and Coordination with Indian Tribal Governments, which
requires agencies to consider whether their rulemaking actions would
have tribal implications. AMS has determined this proposed rule is
unlikely to have substantial direct effects on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes.
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This proposed 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 proposed rule invites comments on changes to the Committee
membership as prescribed in the Order. USDA is taking this action as a
conforming change following amendments to the Order published in the
Federal Register on November 16, 2020 (85 FR 72914). The amendments, in
part, reduced membership on the Committee from 12 members and their
alternates to 10 members and their alternates. This action would reduce
the member seats in each of the two districts from six members and
their alternates to five members and their alternates, maintaining
equitable representation on the Committee from both districts.
Section 966.22 provides for the establishment of membership on the
Committee. The ten members and their alternates shall be producers, or
officers or employees of a corporate producer, in
[[Page 33914]]
the district for which selected and a resident of the production area.
Section 966.160 defines the two districts from which producers serve as
representatives on the Committee.
Section 966.25 provides the authority for the Committee to
recommend, with the approval of the Secretary, reapportionment of
members among districts, and the reestablishment of districts within
the production area. Section 966.161 apportions Committee membership
among the two districts pursuant to Sec. 966.25.
The Committee met on November 1, 2018, and February 27, 2019, to
recommend changes to the Order. These recommendations included reducing
the Committee size from 12 members to 10; reducing the number of
districts in the production area from four districts to two,
maintaining that membership on the Committee be divided evenly between
the two districts. The reduction to two districts and the
reapportionment of Committee membership that provided equal
representation of six members in each of those newly formed districts
were completed under a separate rulemaking action published in the
Federal Register on September 26, 2019 (84 FR 50711).
During the Committee's discussion of the amendments and the
reduction in Committee size, members indicated they wanted to maintain
the equity in membership between the two districts. With the reduction
in the Committee size from 12 members and their alternates to 10
members and their alternates, this rule would make a conforming change
to the Committee membership as apportioned in Sec. 966.161. This
action would reduce the seats in each district from six members and
their alternates to five members and their alternates. This would
maintain the equitable representation on the Committee and bring the
number of apportioned seats in line with the reduced number of members
authorized in the Order.
Accordingly, each district would nominate five members and five
alternates for a total of 10 members and 10 alternate nominees to serve
on the Committee.
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 proposed 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 65 producers of Florida tomatoes in the
production area and 41 handlers subject to regulation under the Order.
Small agricultural producers are defined by the Small Business
Administration (SBA) as those having annual receipts less than
$1,000,000 and small agricultural service firms are defined as those
whose annual receipts are less than $30,000,000 (13 CFR 121.201).
With an estimated producer price of $14.00 per 25-pound container,
the number of Florida tomato producers, and a normal distribution
assumed, the average annual producer revenue is above $1,000,000,
($14.00 times 22.3 million containers equals $312,200,000 divided by 65
producers equals $4,803,077 per producer). Thus, the majority of
producers of Florida tomatoes may be classified as large entities.
According to industry and Committee data, the average annual price
for fresh Florida tomatoes during the 2019-20 season was approximately
$19.07 per 25-pound container, and total fresh shipments were 22.3
million containers. Using the average price and shipment information,
the number of handlers, and a normal distribution assumed, the majority
of handlers have average annual receipts of less than $30,000,000,
($19.07 times 22.3 million containers equals $425,261,000 divided by 41
handlers equals $10,372,220 per handler). Thus, the majority of
handlers of Florida tomatoes may be classified as small entities.
This proposed rule would adjust the number of member seats
apportioned on the Committee. USDA is taking this action based on an
amendatory change to the Order, which reduced the size of the Committee
from 12 members to 10. This action would reduce the member seats in
each of the two districts from six members and their alternates to five
members and their alternates. This change would revise Sec. 966.161
pursuant to the authority in Sec. 966.25.
It is not anticipated that this action would impose any additional
costs on the industry. This change is a conforming change and would not
establish any new regulatory requirements on handlers. There would be
no change in financial costs, reporting, or recordkeeping requirements
because of this action.
This action would reduce the apportioned members from six members
and their alternates to five members and their alternates in each of
the two districts to reflect the recent amendatory action which reduced
the size of the Committee. The balance of representation on the
Committee would remain the same with member seats divided evenly
between the two districts. The effects of this rule would not be
disproportionately greater or less for small entities than for larger
entities.
Alternatives to reapportionment were discussed and considered by
the Committee. However, these alternatives were rejected. The Committee
agreed that given the number of producers had decreased, reducing the
Committee size would make it more reflective of today's industry. The
Committee also wanted to maintain the balance of representation between
the two districts. With the amendatory change to the Order, this action
is necessary to make the regulations conform to the Order requirements.
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 OMB and assigned OMB No. 0581-0178, Vegetable
and Specialty Crops. No changes in those requirements would be
necessary because of this proposed rule. Should any changes become
necessary, they would be submitted to OMB for approval.
This proposed rule would not impose any 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.
The Committee's meetings are widely publicized throughout the
Florida tomato industry, and all interested persons are invited to
attend the meetings and participate in Committee deliberations on all
issues. Like all Committee meetings, the November 1, 2018, and February
27, 2019, meetings were open to the public, and all entities, both
large and small, were able to express their views on this issue.
Finally, interested persons are invited to submit comments on this
proposed rule, including the regulatory and information collection
impacts of this action on small businesses.
AMS is committed to complying with the E-Government Act, to promote
the
[[Page 33915]]
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 proposed 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/rules-regulations/moa/small-businesses. Any questions
about the compliance guide should be sent to Richard Lower at the
previously mentioned address in the FOR FURTHER INFORMATION CONTACT
section.
A 30-day comment period is provided to allow interested persons to
respond to this proposal. All written comments timely received will be
considered before a final determination is made on this matter.
List of Subjects in 7 CFR Part 966
Marketing agreements, Reporting and recordkeeping requirements,
Tomatoes.
For the reasons set forth in the preamble, 7 CFR part 966 is
proposed to be amended as follows:
PART 966--TOMATOES GROWN IN FLORIDA
0
1. The authority citation for 7 CFR part 966 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
0
2. Revise Sec. 966.161 to read as follows:
Sec. 966.161 Reapportionment of committee membership.
Pursuant to Sec. 966.25, industry membership on the Florida Tomato
Committee shall be reapportioned as follows:
(a) District 1--five members and their alternates.
(b) District 2--five members and their alternates.
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2021-13705 Filed 6-25-21; 8:45 am]
BILLING CODE P
