Oranges, Grapefruit, Tangerines, and Pummelos Grown in Florida; Increased Assessment Rate, 6440-6443 [2024-02024]
Download as PDF
<![CDATA[
6440
Federal Register / Vol. 89, No. 22 / Thursday, February 1, 2024 / Proposed Rules
https://www.reginfo.gov/public/do/
PRAMain by using the search function
to enter either the title of the collection
or the OMB Control Number.
as defined in § 890.101, to enroll within
the initial pay period of the initial
opportunity to enroll.
*
*
*
*
*
List of Subjects in 5 CFR Part 890
Administrative practice and
procedure, Government employees,
Health facilities, Health insurance,
Health professions, Hostages, Iraq,
Kuwait, Lebanon, Military personnel,
Reporting and recordkeeping
requirements, Retirement.
[FR Doc. 2024–01940 Filed 1–31–24; 8:45 am]
Agricultural Marketing Service
Agricultural Marketing Service,
USDA.
ACTION: Proposed rule.
1. The authority citation for part 890
continues to read as follows:
■
Subpart C—Enrollment
2. Amend § 890.301 by:
a. Removing the paragraph heading
‘‘Effective date—generally’’ in paragraph
(b) and adding in its place ‘‘Effective
dates’’;
■ b. Redesignating paragraph (b)
introductory text as paragraph (b)(1);
and
■ c. Adding paragraph (b)(2).
The addition reads as follows:
■
■
§ 890.301 Opportunities for employees to
enroll or change enrollment; effective dates.
ddrumheller on DSK120RN23PROD with PROPOSALS1
This proposed rule would
implement a recommendation from the
Citrus Administrative Committee
(Committee) to increase the assessment
rate established for the 2023–2024 fiscal
year and subsequent fiscal periods from
$0.015 to $0.02 per 4/5-bushel carton or
equivalent for Florida citrus handled
under the marketing order. The
proposed assessment rate would remain
in effect indefinitely unless modified,
suspended, or terminated.
DATES: Comments must be received by
March 4, 2024.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this proposed rule.
Comments can be sent to the Docket
Clerk, Market Development Division,
Specialty Crops Program, AMS, USDA,
1400 Independence Avenue SW, STOP
0237, Washington, DC 20250–0237.
Comments can also be sent to the
Docket Clerk electronically by Email:
MarketingOrderComment@usda.gov or
via the internet: https://
www.regulations.gov. Comments should
reference the document number, the
date and page number of this issue of
the Federal Register. Comments
submitted in response to this proposed
rule will be included in the record and
will be made available to the public and
can be viewed at: https://
www.regulations.gov. 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:
Jennie M. Varela, Marketing Specialist,
or Christian D. Nissen, Branch Chief,
Southeast Region Branch, Market
Development Division, Specialty Crops
Program, AMS, USDA; Telephone: (863)
SUMMARY:
Authority: 5 U.S.C. 8913; Sec. 890.102
also issued under sections 11202(f), 11232(e),
and 11246 (b) of Pub. L. 105–33, 111 Stat.
251; Sec. 890.111 also issued under 36 U.S.C.
5522; Sec. 890.112 also issued under 2 U.S.C.
2051; Sec. 890.113 also issued under section
1110 of Pub. L. 116–92, 133 Stat. 1198 (5
U.S.C. 8702 note); Sec. 890.301 also issued
under 26 U.S.C. 9801; Sec. 890.302(b) also
issued under 42 U.S.C. 300gg–14; Sec.
890.803 also issued under 50 U.S.C. 3516
(formerly 50 U.S.C. 403p) and 22 U.S.C.
4069c and 4069c–1; subpart L also issued
under section 599C of Pub. L. 101–513, 104
Stat. 2064 (5 U.S.C. 5561 note); subpart M
also issued under 10 U.S.C. 1108 and 25
U.S.C. 1647b; and subpart P issued under 5
U.S.C. 8903c.
*
*
*
*
(b) * * *
(1) * * *
(2) Enrollment for an employee will
take effect at the beginning of the initial
pay period in which the following
criteria are met:
(i) The employee is newly eligible and
has an initial opportunity to enroll;
(ii) The employee is in pay status; and
(iii) The employee submitted to the
employing office, and the employing
office received, the appropriate request,
Jkt 262001
Oranges, Grapefruit, Tangerines, and
Pummelos Grown in Florida; Increased
Assessment Rate
AGENCY:
PART 890—FEDERAL EMPLOYEES
HEALTH BENEFITS PROGRAM
16:05 Jan 31, 2024
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF AGRICULTURE
Accordingly, OPM proposes to amend
5 CFR part 890 as follows:
VerDate Sep<11>2014
[Doc. No. AMS–SC–23–0041]
BILLING CODE 6325–63–P
Office of Personnel Management.
Kayyonne Marston,
Federal Register Liaison.
*
7 CFR Part 905
324–3375, Fax: (863) 291–8614, or
Email: Jennie.Varela@usda.gov or
Christian.Nissen@usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Richard Lower,
Market Development 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: Richard.Lower@
usda.gov.
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
This
action, pursuant to 5 U.S.C. 553,
proposes to amend regulations issued to
carry out a marketing order as defined
in 7 CFR 900.2(j). This proposed rule is
issued under Marketing Order No. 905
as amended (7 CFR part 905), regulating
the handling of oranges, grapefruit,
tangerines, and pummelos grown in
Florida. Part 905 (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 growers and
handlers of fresh citrus operating within
the area of production, and one public
member.
The Agricultural Marketing Service
(AMS) is issuing this proposed rule in
conformance with Executive Orders
12866, 13563, and 14094. 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. Executive Order
14094 reaffirms and supplements
Executive Order 12866 and 13563 and
directs agencies to conduct proactive
outreach to engage interested and
affected parties through a variety of
means, such as through field offices,
and alternative platforms and media.
This action falls within a category of
regulatory actions that the Office of
Management and Budget (OMB)
exempted from Executive Order 12866,
13563, and 14094 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
E:\FR\FM\01FEP1.SGM
01FEP1
ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 22 / Thursday, February 1, 2024 / Proposed Rules
determined that 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. Under the Order now in
effect, Florida citrus handlers are
subject to assessments. Funds to
administer the Order are derived from
such assessments. It is intended that the
assessment rate would be applicable to
all assessable fruit for the 2023–2024
fiscal period, 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 the United States Department of
Agriculture (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 requesting 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
no later than 20 days after the date of
the entry of the ruling.
This proposed rule would increase
the assessment rate for Florida citrus
handled under the Order from $0.015
per 4/5-bushel carton or equivalent, the
rate that was initially established for the
2018–2019 fiscal year and subsequent
fiscal years, to $0.02 per 4/5-bushel
carton or equivalent.
Section 905.41 authorizes the
Committee, with the approval of AMS,
to formulate an annual budget of
expenses and collect assessments from
handlers to administer the program. The
members are familiar with the
Committee’s needs and with the costs of
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 2018–2019 fiscal year and
subsequent fiscal periods, the
Committee recommended, and AMS
VerDate Sep<11>2014
16:05 Jan 31, 2024
Jkt 262001
approved, an assessment rate of $0.015
per 4/5-bushel carton of citrus or
equivalent. That rate continues in effect
from fiscal period to fiscal period until
modified, suspended, or terminated by
AMS upon recommendation and
information submitted by the
Committee or other information
available to AMS. This proposed rule
would increase the assessment rate from
$0.015 to $0.02 per 4/5-bushel carton of
citrus or equivalent for the 2023–2024
fiscal year and subsequent fiscal
periods.
The Committee met on August 8,
2023, and recommended 2023–2024
fiscal period expenditures of $124,624
and an assessment rate of $0.02 per 4/
5-bushel carton of citrus or equivalent
handled for the 2023–2024 fiscal year
and subsequent fiscal periods. In
comparison, last year’s budgeted
expenditures were $122,680. The
proposed assessment rate of $0.02 is
$0.005 higher than the rate currently in
effect. The Committee recommended
increasing the assessment rate to better
align assessment revenue with budgeted
expenses. The Committee projects
handler receipts of approximately
6,700,000 4/5-bushel cartons of citrus or
equivalent for the 2023–2024 fiscal year,
which is about 4,764,544 cartons more
than was handled for the 2022–2023
fiscal year.
The total expenditures recommended
by the Committee for the 2023–2024
fiscal period are approximately
$124,624. The major budgeted
expenditures include $99,624 for
management; $10,000 for auditing; and
$5,000 for data from the Division of
Fruits and Vegetables. By comparison,
budgeted expenditures for these
activities in the 2022–2023 fiscal period
were $97,680; $10,000; and $5,000,
respectively. At the current assessment
rate of $0.015, the expected 6,700,000 4/
5-bushel cartons or equivalent of
assessable Florida citrus would generate
$100,500 in assessment revenue
(6,700,000 cartons multiplied by $0.015
assessment rate), short of the
Committee’s anticipated expenditures of
$124,624 for the 2023–2024 fiscal
period. By increasing the assessment
rate by $0.005 to $0.02, assessment
income would generate $134,000
(6,700,000 cartons multiplied by $0.02
assessment rate) for the 2023–2024
fiscal year. This amount would be
appropriate to ensure that the
Committee has sufficient revenue to
fully fund its recommended 2023–2024
fiscal period budgeted expenditures.
The Committee derived the
recommended assessment rate by
considering anticipated expenses, an
estimated 6,700,000 4/5-bushel cartons
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
6441
or equivalent of assessable Florida
citrus, and the amount of funds
available in reserve. Income derived
from handler assessments ($134,000)
would be adequate to cover budgeted
expenses ($124,624). Funds available in
the reserve (currently about $165,000)
are expected to be kept within the
maximum permitted by the Order
(approximately two fiscal periods’
expenses as authorized in § 905.42).
The proposed assessment rate would
continue in effect indefinitely unless
modified, suspended, or terminated by
AMS upon recommendation and
information submitted by the
Committee or other available
information.
Although this assessment rate would
be in effect for an indefinite period, the
Committee would 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
AMS. Committee meetings are open to
the public and interested persons may
express their views at these meetings.
AMS will evaluate Committee
recommendations and other available
information to determine whether
modification of the assessment rate is
needed, and further rulemaking would
be undertaken as necessary. The
Committee’s 2023–2024 budget, and
those for subsequent fiscal periods, will
be reviewed and, as appropriate,
approved by AMS.
Initial Regulatory Flexibility Analysis
Pursuant to requirements set forth in
the Regulatory Flexibility Act (RFA) (5
U.S.C. 601–612), 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 14 handlers of Florida citrus
who are subject to regulation under the
Order and approximately 500 citrus
producers in the regulated area. At the
time this analysis was prepared, the
Small Business Administration (SBA)
defined small agricultural growers as
those having annual receipts of no more
than $4,000,000 for orange producers or
E:\FR\FM\01FEP1.SGM
01FEP1
ddrumheller on DSK120RN23PROD with PROPOSALS1
6442
Federal Register / Vol. 89, No. 22 / Thursday, February 1, 2024 / Proposed Rules
$4,250,000 for other citrus producers,
and small agricultural service firms,
including handlers, are defined as those
whose annual receipts are less than
$34,000,000 (13 CFR 121.201).
According to data from the National
Agricultural Statistics Service (NASS),
the weighted average packing house
door equivalent price for fresh Florida
oranges for the 2022–2023 season was
approximately $10.54 per carton with
total shipments of around 3,224,000
cartons. Based on this information, the
majority of orange handlers have
average annual receipts of significantly
less than $34,000,000 ($10.54
multiplied by 3,224,000 cartons equals
$33,980,960, divided by 14 handlers
equals $2,427,211 per handler). The
weighted average packing house door
price for other Florida citrus for the
2022–2023 season was $19.12 per carton
with total shipments of 2,804,000
cartons. Based on this information, the
majority of other citrus handlers have
average annual receipts of significantly
less than $34,000,000 ($19.12
multiplied by 2,804,000 cartons equals
$53,612,480, divided by 14 handlers
equals $3,829,463 per handler).
In addition, based on the NASS data,
the weighted average orange grower
price for the 2022–2023 season was
estimated at $9.45 per carton of fresh
oranges. Based on grower price,
shipment data, and the total number of
Florida orange growers, the average
annual grower revenue is well below
$4,000,000 ($9.45 multiplied by
3,224,000 cartons equals $30,466,800,
divided by 500 growers equals $60,934
per grower). The weighted average other
citrus grower price for the 2022–2023
season was estimated at $16.28 per
carton of fresh citrus. Based on grower
price, shipment data, and the total
number of Florida citrus growers, the
average annual grower revenue is well
below $4,250,000 ($16.28 multiplied by
2,804,000 cartons equals $45,649,120,
divided by 500 growers equals $91,298
per grower). Thus, the majority of
Florida citrus handlers and growers may
be classified as small entities.
This proposed rule would increase
the assessment rate for the 2023–2024
fiscal year and subsequent fiscal years
from $0.015 to $0.02 per 4/5-bushel
carton of citrus or equivalent. The
Committee recommended 2023–2024
expenditures of $124,624 and an
assessment rate of $0.02 per 4/5-bushel
carton. The proposed assessment rate of
$0.02 is $0.005 more than the previous
rate. The quantity of assessable Florida
citrus for the 2023–2024 season is
estimated at 6,700,000 4/5-bushel
cartons or equivalent. Thus, the $0.02
rate should provide $134,000 in
VerDate Sep<11>2014
16:05 Jan 31, 2024
Jkt 262001
assessment income (6,700,000 cartons
multiplied by $0.02 assessment rate).
Income derived from handler
assessments would be adequate to cover
budgeted expenses.
The major expenditures
recommended by the Committee for the
2023–2024 fiscal year include $99,624
for management; $10,000 for auditing;
and $5,000 for data from the Division of
Fruits and Vegetables. Budgeted
expenses for these same items in the
2022–2023 fiscal period were $97,680;
$10,000; and $5,000, respectively.
The Committee recommended
increasing the assessment rate to cover
anticipated expenses for the 2023–2024
fiscal period. Shipments for the 2023–
2024 season are projected to be
6,700,000 4/5-bushel cartons or
equivalent, about 2 million more than
estimated for the previous year. At the
current assessment rate of $0.015,
assessment income would equal
$100,500 (6,700,000 cartons multiplied
by $0.015 assessment rate), an amount
below the Committee’s anticipated
expenditures of $124,624 for the 2023–
2024 fiscal period. By increasing the
assessment rate by $0.005, assessment
income would be approximately
$134,000 (6,700,000 cartons multiplied
by $0.02 assessment rate). This amount
should provide sufficient funds to meet
anticipated expenses for the 2023–2024
fiscal period.
Prior to arriving at this budget and
assessment rate, the Committee
considered maintaining the current
assessment rate of $0.015. However, the
Committee would need to further draw
down reserves to meet its expenses. The
Committee had to use some of its
reserves in the 2022–2023 fiscal period
after a hurricane damaged the crop, and
Committee members did not want to
utilize additional funds from reserves to
meet 2023–2024 expenses.
Consequently, the alternative of
maintaining the current assessment rate
was rejected.
A review of historical information and
preliminary information pertaining to
the upcoming fiscal period indicates the
average grower price for the 2023–2024
season should be approximately $11.00
per 4/5-bushel carton of citrus or
equivalent. Therefore, the estimated
assessment revenue for the 2023–2024
crop year as a percentage of total grower
revenue would be about 0.18 percent
($0.02 divided by $11.00 multiplied by
100).
This proposed rule would increase
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, these costs are
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
expected to be offset by the benefits
derived by the operations of the Order.
The Committee’s meetings are widely
publicized throughout the Florida citrus
industry and all interested persons are
invited to attend the meeting and
participate in Committee deliberations
on all issues. Like all Committee
meetings, the August 8, 2023, 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 proposed rule,
including the regulatory impacts of this
action on small businesses.
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. 0581–0189 Fruit
Crops. No changes in those
requirements would be necessary as a
result 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 citrus 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.
AMS 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.
After consideration of all relevant
material presented, including the
information and recommendations
submitted by the Board and other
available information, AMS has
determined that this proposed rule is
consistent with and would effectuate
the purposes of the Act.
A 30-day comment period is provided
to allow interested persons to comment
on this proposed rule. All written
comments timely received will be
E:\FR\FM\01FEP1.SGM
01FEP1
Federal Register / Vol. 89, No. 22 / Thursday, February 1, 2024 / Proposed Rules
considered before a final determination
is made on this rulemaking.
List of Subjects in 7 CFR Part 905
Grapefruit, Marketing agreements,
Oranges, Pummelos, Reporting and
recordkeeping requirements, Tangelos,
Tangerines.
For the reasons set forth in the
preamble, the Agricultural Marketing
Service proposes to amend 7 CFR part
905 as follows:
PART 905—ORANGES, GRAPEFRUIT,
TANGERINES, AND PUMMELOS
GROWN IN FLORIDA
1. The authority citation for 7 CFR
part 905 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
2. Section 905.235 is revised to read
as follows:
■
§ 905.235
Assessment rate.
On and after August 1, 2023, an
assessment rate of $0.02 per 4/5-bushel
carton or equivalent is established for
Florida citrus covered under the Order.
Erin Morris,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2024–02024 Filed 1–31–24; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA–2023–2435; Notice No. 25–
23–07–SC]
Special Conditions: Gulfstream
Aerospace Corporation Model GVIII–
G700 and GVIII–G800 Series Airplanes;
Dynamic Test Requirements for Singleand Multiple-Occupant Side-Facing
Seats With or Without Airbag Systems
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed special
conditions.
Comments Invited
This action proposes special
conditions for the Gulfstream Aerospace
Corporation (Gulfstream) Model GVIII–
G700 and GVIII–G800 series airplanes.
These airplanes will have a novel or
unusual design feature when compared
to the state of technology envisioned in
the airworthiness standards for
transport category airplanes. This design
feature is side-facing seats oriented in
the aircraft with the occupant facing 90
degrees to the direction of aircraft travel.
The applicable airworthiness
The FAA invites interested people to
take part in this rulemaking by sending
written comments, data, or views. The
most helpful comments reference a
specific portion of the proposed special
conditions, explain the reason for any
recommended change, and include
supporting data.
On December 31, 2019, Gulfstream
applied for an amendment to Type
Certificate No. T00015AT to include the
new Model GVIII–G700 and GVIII–G800
series airplanes. While the comment
AGENCY:
SUMMARY:
ddrumheller on DSK120RN23PROD with PROPOSALS1
regulations do not contain adequate or
appropriate safety standards for this
design feature. These proposed special
conditions contain the additional safety
standards that the Administrator
considers necessary to establish a level
of safety equivalent to that established
by the existing airworthiness standards.
DATES: Send comments on or before
February 21, 2024.
ADDRESSES: Send comments identified
by Docket No. FAA–2023–2435 using
any of the following methods:
Federal eRegulations Portal: Go to
https://www.regulations.gov/ and follow
the online instructions for sending your
comments electronically.
Mail: Send comments to Docket
Operations, M–30, U.S. Department of
Transportation (DOT), 1200 New Jersey
Avenue SE, Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Fax: Fax comments to Docket
Operations at 202–493–2251.
Docket: Background documents or
comments received may be read at
https://www.regulations.gov/ at any
time. Follow the online instructions for
accessing the docket or go to Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Myra Kuck, Cabin Safety, AIR–624,
Technical Policy Branch, Policy and
Standards Division, Aircraft
Certification Service, Federal Aviation
Administration, Aircraft Certification
Policy and Standards, 3960 Paramount
Blvd., Suite 100, Lakewood, CA 90712;
telephone and fax 405–666–1059; email
Myra.J.Kuck@faa.gov.
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
16:05 Jan 31, 2024
Jkt 262001
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
6443
period provided by the FAA for
proposed special conditions has
typically been thirty days, the FAA is
providing twenty days in this instance,
due to the relative similarity of these
conditions with the terms of previously
issued special conditions, and due to
the pendency of the anticipated delivery
date for the affected airplane models,
per the criteria in 14 CFR 11.38.
The FAA will consider all comments
received by the closing date for
comments, and will consider comments
filed late if it is possible to do so
without incurring delay. The FAA may
change these special conditions based
on the comments received.
Privacy
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in title 14,
Code of Federal Regulations (14 CFR)
11.35, the FAA will post all comments
received without change to https://
www.regulations.gov/, including any
personal information you provide. The
FAA will also post a report
summarizing each substantive verbal
contact received about these special
conditions.
Confidential Business Information
Confidential Business Information
(CBI) is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to these proposed
special conditions contain commercial
or financial information that is
customarily treated as private, that you
actually treat as private, and that is
relevant or responsive to these special
conditions, it is important that you
clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and the indicated
comments will not be placed in the
public docket of these special
conditions. Send submissions
containing CBI to the individual listed
in the FOR FURTHER INFORMATION
CONTACT section above. Comments the
FAA receives, which are not specifically
designated as CBI, will be placed in the
public docket for these special
conditions.
Background
As noted above, on December 31,
2019, Gulfstream applied for an
amendment to Type Certificate No.
E:\FR\FM\01FEP1.SGM
01FEP1
]]>Agencies
[Federal Register Volume 89, Number 22 (Thursday, February 1, 2024)]
[Proposed Rules]
[Pages 6440-6443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02024]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 905
[Doc. No. AMS-SC-23-0041]
Oranges, Grapefruit, Tangerines, and Pummelos Grown in Florida;
Increased Assessment Rate
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would implement a recommendation from the
Citrus Administrative Committee (Committee) to increase the assessment
rate established for the 2023-2024 fiscal year and subsequent fiscal
periods from $0.015 to $0.02 per 4/5-bushel carton or equivalent for
Florida citrus handled under the marketing order. The proposed
assessment rate would remain in effect indefinitely unless modified,
suspended, or terminated.
DATES: Comments must be received by March 4, 2024.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposed rule. Comments can be sent to the Docket
Clerk, Market Development Division, Specialty Crops Program, AMS, USDA,
1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-0237.
Comments can also be sent to the Docket Clerk electronically by Email:
[email protected] or via the internet: https://www.regulations.gov. Comments should reference the document number, the
date and page number of this issue of the Federal Register. Comments
submitted in response to this proposed rule will be included in the
record and will be made available to the public and can be viewed at:
https://www.regulations.gov. 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: Jennie M. Varela, Marketing
Specialist, or Christian D. Nissen, Branch Chief, Southeast Region
Branch, Market Development 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, Market Development 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: [email protected].
SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553,
proposes to amend regulations issued to carry out a marketing order as
defined in 7 CFR 900.2(j). This proposed rule is issued under Marketing
Order No. 905 as amended (7 CFR part 905), regulating the handling of
oranges, grapefruit, tangerines, and pummelos grown in Florida. Part
905 (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 growers and handlers of fresh
citrus operating within the area of production, and one public member.
The Agricultural Marketing Service (AMS) is issuing this proposed
rule in conformance with Executive Orders 12866, 13563, and 14094.
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. Executive
Order 14094 reaffirms and supplements Executive Order 12866 and 13563
and directs agencies to conduct proactive outreach to engage interested
and affected parties through a variety of means, such as through field
offices, and alternative platforms and media. This action falls within
a category of regulatory actions that the Office of Management and
Budget (OMB) exempted from Executive Order 12866, 13563, and 14094
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
[[Page 6441]]
determined that 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. Under the Order now in effect, Florida citrus
handlers are subject to assessments. Funds to administer the Order are
derived from such assessments. It is intended that the assessment rate
would be applicable to all assessable fruit for the 2023-2024 fiscal
period, 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 the United States
Department of Agriculture (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 requesting 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 no later than 20 days after the date of the entry of
the ruling.
This proposed rule would increase the assessment rate for Florida
citrus handled under the Order from $0.015 per 4/5-bushel carton or
equivalent, the rate that was initially established for the 2018-2019
fiscal year and subsequent fiscal years, to $0.02 per 4/5-bushel carton
or equivalent.
Section 905.41 authorizes the Committee, with the approval of AMS,
to formulate an annual budget of expenses and collect assessments from
handlers to administer the program. The members are familiar with the
Committee's needs and with the costs of 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 2018-2019 fiscal year and subsequent fiscal periods, the
Committee recommended, and AMS approved, an assessment rate of $0.015
per 4/5-bushel carton of citrus or equivalent. That rate continues in
effect from fiscal period to fiscal period until modified, suspended,
or terminated by AMS upon recommendation and information submitted by
the Committee or other information available to AMS. This proposed rule
would increase the assessment rate from $0.015 to $0.02 per 4/5-bushel
carton of citrus or equivalent for the 2023-2024 fiscal year and
subsequent fiscal periods.
The Committee met on August 8, 2023, and recommended 2023-2024
fiscal period expenditures of $124,624 and an assessment rate of $0.02
per 4/5-bushel carton of citrus or equivalent handled for the 2023-2024
fiscal year and subsequent fiscal periods. In comparison, last year's
budgeted expenditures were $122,680. The proposed assessment rate of
$0.02 is $0.005 higher than the rate currently in effect. The Committee
recommended increasing the assessment rate to better align assessment
revenue with budgeted expenses. The Committee projects handler receipts
of approximately 6,700,000 4/5-bushel cartons of citrus or equivalent
for the 2023-2024 fiscal year, which is about 4,764,544 cartons more
than was handled for the 2022-2023 fiscal year.
The total expenditures recommended by the Committee for the 2023-
2024 fiscal period are approximately $124,624. The major budgeted
expenditures include $99,624 for management; $10,000 for auditing; and
$5,000 for data from the Division of Fruits and Vegetables. By
comparison, budgeted expenditures for these activities in the 2022-2023
fiscal period were $97,680; $10,000; and $5,000, respectively. At the
current assessment rate of $0.015, the expected 6,700,000 4/5-bushel
cartons or equivalent of assessable Florida citrus would generate
$100,500 in assessment revenue (6,700,000 cartons multiplied by $0.015
assessment rate), short of the Committee's anticipated expenditures of
$124,624 for the 2023-2024 fiscal period. By increasing the assessment
rate by $0.005 to $0.02, assessment income would generate $134,000
(6,700,000 cartons multiplied by $0.02 assessment rate) for the 2023-
2024 fiscal year. This amount would be appropriate to ensure that the
Committee has sufficient revenue to fully fund its recommended 2023-
2024 fiscal period budgeted expenditures.
The Committee derived the recommended assessment rate by
considering anticipated expenses, an estimated 6,700,000 4/5-bushel
cartons or equivalent of assessable Florida citrus, and the amount of
funds available in reserve. Income derived from handler assessments
($134,000) would be adequate to cover budgeted expenses ($124,624).
Funds available in the reserve (currently about $165,000) are expected
to be kept within the maximum permitted by the Order (approximately two
fiscal periods' expenses as authorized in Sec. 905.42).
The proposed assessment rate would continue in effect indefinitely
unless modified, suspended, or terminated by AMS upon recommendation
and information submitted by the Committee or other available
information.
Although this assessment rate would be in effect for an indefinite
period, the Committee would 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 AMS.
Committee meetings are open to the public and interested persons may
express their views at these meetings. AMS will evaluate Committee
recommendations and other available information to determine whether
modification of the assessment rate is needed, and further rulemaking
would be undertaken as necessary. The Committee's 2023-2024 budget, and
those for subsequent fiscal periods, will be reviewed and, as
appropriate, approved by AMS.
Initial Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601-612), 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 14 handlers of Florida citrus who are subject to
regulation under the Order and approximately 500 citrus producers in
the regulated area. At the time this analysis was prepared, the Small
Business Administration (SBA) defined small agricultural growers as
those having annual receipts of no more than $4,000,000 for orange
producers or
[[Page 6442]]
$4,250,000 for other citrus producers, and small agricultural service
firms, including handlers, are defined as those whose annual receipts
are less than $34,000,000 (13 CFR 121.201).
According to data from the National Agricultural Statistics Service
(NASS), the weighted average packing house door equivalent price for
fresh Florida oranges for the 2022-2023 season was approximately $10.54
per carton with total shipments of around 3,224,000 cartons. Based on
this information, the majority of orange handlers have average annual
receipts of significantly less than $34,000,000 ($10.54 multiplied by
3,224,000 cartons equals $33,980,960, divided by 14 handlers equals
$2,427,211 per handler). The weighted average packing house door price
for other Florida citrus for the 2022-2023 season was $19.12 per carton
with total shipments of 2,804,000 cartons. Based on this information,
the majority of other citrus handlers have average annual receipts of
significantly less than $34,000,000 ($19.12 multiplied by 2,804,000
cartons equals $53,612,480, divided by 14 handlers equals $3,829,463
per handler).
In addition, based on the NASS data, the weighted average orange
grower price for the 2022-2023 season was estimated at $9.45 per carton
of fresh oranges. Based on grower price, shipment data, and the total
number of Florida orange growers, the average annual grower revenue is
well below $4,000,000 ($9.45 multiplied by 3,224,000 cartons equals
$30,466,800, divided by 500 growers equals $60,934 per grower). The
weighted average other citrus grower price for the 2022-2023 season was
estimated at $16.28 per carton of fresh citrus. Based on grower price,
shipment data, and the total number of Florida citrus growers, the
average annual grower revenue is well below $4,250,000 ($16.28
multiplied by 2,804,000 cartons equals $45,649,120, divided by 500
growers equals $91,298 per grower). Thus, the majority of Florida
citrus handlers and growers may be classified as small entities.
This proposed rule would increase the assessment rate for the 2023-
2024 fiscal year and subsequent fiscal years from $0.015 to $0.02 per
4/5-bushel carton of citrus or equivalent. The Committee recommended
2023-2024 expenditures of $124,624 and an assessment rate of $0.02 per
4/5-bushel carton. The proposed assessment rate of $0.02 is $0.005 more
than the previous rate. The quantity of assessable Florida citrus for
the 2023-2024 season is estimated at 6,700,000 4/5-bushel cartons or
equivalent. Thus, the $0.02 rate should provide $134,000 in assessment
income (6,700,000 cartons multiplied by $0.02 assessment rate). Income
derived from handler assessments would be adequate to cover budgeted
expenses.
The major expenditures recommended by the Committee for the 2023-
2024 fiscal year include $99,624 for management; $10,000 for auditing;
and $5,000 for data from the Division of Fruits and Vegetables.
Budgeted expenses for these same items in the 2022-2023 fiscal period
were $97,680; $10,000; and $5,000, respectively.
The Committee recommended increasing the assessment rate to cover
anticipated expenses for the 2023-2024 fiscal period. Shipments for the
2023-2024 season are projected to be 6,700,000 4/5-bushel cartons or
equivalent, about 2 million more than estimated for the previous year.
At the current assessment rate of $0.015, assessment income would equal
$100,500 (6,700,000 cartons multiplied by $0.015 assessment rate), an
amount below the Committee's anticipated expenditures of $124,624 for
the 2023-2024 fiscal period. By increasing the assessment rate by
$0.005, assessment income would be approximately $134,000 (6,700,000
cartons multiplied by $0.02 assessment rate). This amount should
provide sufficient funds to meet anticipated expenses for the 2023-2024
fiscal period.
Prior to arriving at this budget and assessment rate, the Committee
considered maintaining the current assessment rate of $0.015. However,
the Committee would need to further draw down reserves to meet its
expenses. The Committee had to use some of its reserves in the 2022-
2023 fiscal period after a hurricane damaged the crop, and Committee
members did not want to utilize additional funds from reserves to meet
2023-2024 expenses. Consequently, the alternative of maintaining the
current assessment rate was rejected.
A review of historical information and preliminary information
pertaining to the upcoming fiscal period indicates the average grower
price for the 2023-2024 season should be approximately $11.00 per 4/5-
bushel carton of citrus or equivalent. Therefore, the estimated
assessment revenue for the 2023-2024 crop year as a percentage of total
grower revenue would be about 0.18 percent ($0.02 divided by $11.00
multiplied by 100).
This proposed rule would increase 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, these costs
are expected to be offset by the benefits derived by the operations of
the Order.
The Committee's meetings are widely publicized throughout the
Florida citrus industry and all interested persons are invited to
attend the meeting and participate in Committee deliberations on all
issues. Like all Committee meetings, the August 8, 2023, 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 proposed rule, including the regulatory impacts
of this action on small businesses.
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. 0581-0189 Fruit Crops.
No changes in those requirements would be necessary as a result 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 citrus
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.
AMS 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.
After consideration of all relevant material presented, including
the information and recommendations submitted by the Board and other
available information, AMS has determined that this proposed rule is
consistent with and would effectuate the purposes of the Act.
A 30-day comment period is provided to allow interested persons to
comment on this proposed rule. All written comments timely received
will be
[[Page 6443]]
considered before a final determination is made on this rulemaking.
List of Subjects in 7 CFR Part 905
Grapefruit, Marketing agreements, Oranges, Pummelos, Reporting and
recordkeeping requirements, Tangelos, Tangerines.
For the reasons set forth in the preamble, the Agricultural
Marketing Service proposes to amend 7 CFR part 905 as follows:
PART 905--ORANGES, GRAPEFRUIT, TANGERINES, AND PUMMELOS GROWN IN
FLORIDA
0
1. The authority citation for 7 CFR part 905 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
0
2. Section 905.235 is revised to read as follows:
Sec. 905.235 Assessment rate.
On and after August 1, 2023, an assessment rate of $0.02 per 4/5-
bushel carton or equivalent is established for Florida citrus covered
under the Order.
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2024-02024 Filed 1-31-24; 8:45 am]
BILLING CODE P
