80_FR_50353 80 FR 50193 - Onions Grown in Certain Designated Counties in Idaho, and Malheur County, Oregon; Decreased Assessment Rate

80 FR 50193 - Onions Grown in Certain Designated Counties in Idaho, and Malheur County, Oregon; Decreased Assessment Rate

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 80, Issue 160 (August 19, 2015)

Page Range50193-50195
FR Document2015-20444

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

Federal Register, Volume 80 Issue 160 (Wednesday, August 19, 2015)
[Federal Register Volume 80, Number 160 (Wednesday, August 19, 2015)]
[Rules and Regulations]
[Pages 50193-50195]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20444]



[[Page 50193]]

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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 958

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


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

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim rule with request for comments.

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

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

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

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

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing 
Agreement No. 130 and Order No. 958, both as amended (7 CFR part 958), 
regulating the handling of onions grown in designated counties in 
Idaho, and Malheur County, Oregon, hereinafter referred to as the 
``order.'' The order is effective under the Agricultural Marketing 
Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter 
referred to as the ``Act.''
    The Department of Agriculture (USDA) is issuing this rule in 
conformance with Executive Orders 12866, 13563, and 13175.
    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. Under the marketing order now in effect, Idaho-Eastern 
Oregon onion handlers are subject to assessments. Funds to administer 
the order are derived from such assessments. It is intended that the 
assessment rate as issued herein will be applicable to all assessable 
onions beginning July 1, 2015, and continue until amended, suspended, 
or terminated.
    The Act provides that administrative proceedings must be exhausted 
before parties may file suit in court. Under section 608c(15)(A) of the 
Act, any handler subject to an order may file with USDA a petition 
stating that the order, any provision of the order, or any obligation 
imposed in connection with the order is not in accordance with law and 
request a modification of the order or to be exempted therefrom. Such 
handler is afforded the opportunity for a hearing on the petition. 
After the hearing, USDA would rule on the petition. The Act provides 
that the district court of the United States in any district in which 
the handler is an inhabitant, or has his or her principal place of 
business, has jurisdiction to review USDA's ruling on the petition, 
provided an action is filed not later than 20 days after the date of 
the entry of the ruling.
    This rule decreases the assessment rate established for the 
Committee for the 2015-2016 and subsequent fiscal periods from $0.10 to 
$0.05 per hundredweight of onions.
    The Idaho-Eastern Oregon onion marketing order provides authority 
for the Committee, with the approval of USDA, to formulate an annual 
budget of expenses and collect assessments from handlers to administer 
the program. The members of the Committee are producers and handlers of 
Idaho-Eastern Oregon onions. They are familiar with the Committee's 
needs and with the costs for goods and services in their local area and 
are thus in a position to formulate an appropriate budget and 
assessment rate. The assessment rate is formulated and discussed in a 
public meeting. Thus, all directly affected persons have an opportunity 
to participate and provide input.
    For the 2005-2006 and subsequent fiscal periods, the Committee 
recommended, and USDA approved, an assessment rate that would continue 
in effect from fiscal period to fiscal period unless modified, 
suspended, or terminated by USDA upon recommendation and information 
submitted by the Committee or other information available to USDA. The 
Committee met on April 21, 2015, and recommended 2015-2016 expenditures 
of $705,473 and an assessment rate of $0.05 per hundredweight of 
onions. Ten Committee members voted for this change, one voted against, 
and there were no abstentions.
    In comparison, last year's budgeted expenditures were $1,173,944. 
The assessment rate of $0.05 is $0.05 lower than the rate currently in 
effect. The Committee's recommendation was in response to a request 
from handlers and growers to reduce promotion expenditures from 
$635,000 to $250,000, and to allow handlers to keep $0.05 per 
hundredweight to spend on their own branded promotions.
    The major expenditures recommended by the Committee for the 2015-
2016 year include $6,000 for committee expenses, $115,412 for salary 
expenses, $67,810 for travel/office expenses, $466,251 for domestic and 
export promotions and production research expenses, and $50,000 for 
marketing order contingency. Budgeted expenses for these items in 2014-
2015 were $6,000, $112,124, $107,810, $898,010, and $50,000, 
respectively.
    The Committee based its recommended assessment rate decrease on the 
2015-2016 crop estimates, the 2015-2016 program expenditure needs, and 
the current and projected size of its monetary reserve. The Committee

[[Page 50194]]

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

Initial Regulatory Flexibility Analysis

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS) 
has considered the economic impact of this rule on small entities. 
Accordingly, AMS has prepared this initial regulatory flexibility 
analysis.
    The purpose of the RFA is to fit regulatory actions to the scale of 
businesses subject to such actions in order that small businesses will 
not be unduly or disproportionately burdened. Marketing orders issued 
pursuant to the Act, and the rules issued thereunder, are unique in 
that they are brought about through group action of essentially small 
entities acting on their own behalf.
    There are approximately 250 producers of onions in the production 
area and approximately 31 handlers subject to regulation under the 
marketing order. Small agricultural producers are defined by the Small 
Business Administration as those having annual receipts less than 
$750,000, and small agricultural service firms are defined as those 
whose annual receipts are less than $7,000,000 (13 CFR 121.201).
    According to the National Agricultural Statistics Service, as 
reported in the Vegetables 2014 Summary, the total F.O.B. value of 
onions in the regulated production area for 2014 was $100,951,000. 
Based on an industry estimate of 31 handlers, the average value of 
onions handled per handler is $3,256,484, well below the SBA threshold 
for defining small agricultural service firms. In addition, based on an 
industry estimate of 250 producers, the average F.O.B. value of onions 
produced in the production area is $403,804 per producer. Therefore, it 
can be concluded that the majority of handlers and producers of Idaho-
Eastern Oregon onions may be classified as small entities.
    This rule decreases the assessment rate established for the 
Committee and collected from handlers for the 2015-2016 and subsequent 
fiscal periods from $0.10 to $0.05 per hundredweight of onions handled. 
The Committee recommended 2015-2016 expenditures of $705,473 and an 
assessment rate of $0.05 per hundredweight. The assessment rate of 
$0.05 is $0.05 lower than the 2014-2015 rate. The quantity of 
assessable onions for the 2015-2016 fiscal period is estimated at 
8,800,000 hundredweight. Thus, the $0.05 rate should provide $440,000 
in assessment income. Assessment income, along with interest and other 
income, contributions and grants, and funds from the Committee's 
authorized reserve ($217,223), should be adequate to cover budgeted 
expenses of $705,473.
    The major expenditures recommended by the Committee for the 2015-
2016 year include $6,000 for committee expenses, $115,412 for salary 
expenses, $67,810 for travel/office expenses, $466,251 for program 
expenses, and $50,000 for marketing order contingency. Budgeted 
expenses for these items in 2014-2015 were $6,000, $112,124, $107,810, 
$898,010, and $50,000, respectively.
    The Committee's recommendation to decrease the assessment was in 
response to a request from handlers and growers to reduce promotion 
expenditures from $635,000 to $250,000 and to allow handlers to keep 
$0.05 per hundredweight to spend on their own branded promotions.
    Prior to arriving at this budget and assessment rate, the Committee 
considered information from various sources, such as the Committee's 
Executive, Research, Export, and Promotion Sub-Committees, grower 
associations, and industry leaders. Alternative expenditure levels were 
discussed by these groups, based upon the relative value of various 
activities to the onion industry. The Committee ultimately determined 
that income derived from handler assessments, along with interest and 
other income, contributions and grants, and funds from the Committee's 
authorized reserve will be adequate to cover 2015-2016 budgeted 
expenses of $705,473.
    A review of historical information and preliminary information 
pertaining to the upcoming fiscal period indicates that the producer 
price for the 2015-2016 fiscal period could range between $8.00 and 
$8.50 per hundredweight of onions. Utilizing these estimates and the 
assessment rate of $0.05 per hundredweight, estimated assessment 
revenue as a percentage of total grower revenue could range between 
0.59 and 0.63 percent for the 2015-2016 fiscal period.
    This action decreases the assessment obligation imposed on 
handlers. Assessments are applied uniformly on all handlers, and some 
of the costs may be passed on to producers. However, decreasing the 
assessment rate reduces the burden on handlers, and may reduce the 
burden on producers. In addition, the Committee's meeting was widely 
publicized throughout the Idaho-Eastern Oregon onion industry and all 
interested persons were invited to attend the meeting and participate 
in Committee deliberations on all issues. Like all Committee meetings, 
the April 21, 2015, meeting was a public meeting and all entities, both 
large and small, were able to express views on this issue. Finally, 
interested persons are invited to submit comments on this interim rule, 
including the regulatory and informational impacts of this action on 
small businesses.

Paperwork Reduction Act

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

[[Page 50195]]

they would be submitted to OMB for approval.
    This action imposes no additional reporting or recordkeeping 
requirements on either small or large Idaho-Eastern Oregon onion 
handlers. As with all Federal marketing order programs, reports and 
forms are periodically reviewed to reduce information requirements and 
duplication by industry and public sector agencies.
    AMS is committed to complying with the E-Government Act, to promote 
the use of the internet and other information technologies to provide 
increased opportunities for citizen access to Government information 
and services, and for other purposes.
    USDA has not identified any relevant Federal rules that duplicate, 
overlap, or conflict with this rule.
    A small business guide on complying with fruit, vegetable, and 
specialty crop marketing agreements and orders may be viewed at: http://www.ams.usda.gov/MarketingOrdersSmallBusinessGuide. Any questions 
about the compliance guide should be sent to Jeffrey Smutny at the 
previously mentioned address in the FOR FURTHER INFORMATION CONTACT 
section.
    After consideration of all relevant material presented, including 
the information and recommendation submitted by the Committee and other 
available information, it is hereby found that this rule, as 
hereinafter set forth, will tend to effectuate the declared policy of 
the Act.
    Pursuant to 5 U.S.C. 553, it is also found and determined upon good 
cause that it is impracticable, unnecessary, and contrary to the public 
interest to give preliminary notice prior to putting this rule into 
effect, and that good cause exists for not postponing the effective 
date of this rule until 30 days after publication in the Federal 
Register because: (1) The 2015-2016 fiscal period begins on July 1, 
2015, and the marketing order requires that the rate of assessment for 
each fiscal period apply to all assessable onions handled during such 
fiscal period; (2) the action decreases the assessment rate for 
assessable onions beginning with the 2015-2016 fiscal period; (3) 
handlers are aware of this action which was recommended by the 
Committee at a public meeting; and (4) this interim rule provides a 60-
day comment period, and all comments timely received will be considered 
prior to finalization of this rule.

List of Subjects in 7 CFR Part 958

    Marketing agreements, Onions, Reporting and recordkeeping 
requirements.

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

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

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

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

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

Sec.  958.240  Assessment rate.

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

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



                                                              Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Rules and Regulations                                       50193

                                             DEPARTMENT OF AGRICULTURE                               D. Olson, Regional Director, Northwest                   This rule decreases the assessment
                                                                                                     Marketing Field Office, Marketing Order               rate established for the Committee for
                                             Agricultural Marketing Service                          and Agreement Division, Fruit and                     the 2015–2016 and subsequent fiscal
                                                                                                     Vegetable Program, AMS, USDA;                         periods from $0.10 to $0.05 per
                                             7 CFR Part 958                                          Telephone: (503) 326–2724, Fax: (503)                 hundredweight of onions.
                                                                                                     326–7440, or Email: Sue.Coleman@                         The Idaho-Eastern Oregon onion
                                             [Doc. No. AMS–FV–15–0027; FV15–958–1
                                             IR]                                                     ams.usda.gov or GaryD.Olson@                          marketing order provides authority for
                                                                                                     ams.usda.gov.                                         the Committee, with the approval of
                                             Onions Grown in Certain Designated                         Small businesses may request                       USDA, to formulate an annual budget of
                                             Counties in Idaho, and Malheur                          information on complying with this                    expenses and collect assessments from
                                             County, Oregon; Decreased                               regulation by contacting Jeffrey Smutny,              handlers to administer the program. The
                                             Assessment Rate                                         Marketing Order and Agreement                         members of the Committee are
                                                                                                     Division, Fruit and Vegetable Program,                producers and handlers of Idaho-Eastern
                                             AGENCY:  Agricultural Marketing Service,                AMS, USDA, 1400 Independence                          Oregon onions. They are familiar with
                                             USDA.                                                   Avenue SW., STOP 0237, Washington,                    the Committee’s needs and with the
                                             ACTION: Interim rule with request for                   DC 20250–0237; Telephone: (202) 720–                  costs for goods and services in their
                                             comments.                                               2491, Fax: (202) 720–8938, or Email:                  local area and are thus in a position to
                                                                                                     Jeffrey.Smutny@ams.usda.gov.                          formulate an appropriate budget and
                                             SUMMARY:   This rule implements a                       SUPPLEMENTARY INFORMATION: This rule                  assessment rate. The assessment rate is
                                             recommendation from the Idaho-Eastern                   is issued under Marketing Agreement                   formulated and discussed in a public
                                             Oregon Onion Committee (Committee)                      No. 130 and Order No. 958, both as                    meeting. Thus, all directly affected
                                             for a decrease in the assessment rate                   amended (7 CFR part 958), regulating                  persons have an opportunity to
                                             established for the 2015–2016 and                       the handling of onions grown in                       participate and provide input.
                                             subsequent fiscal periods from $0.10 to                 designated counties in Idaho, and                        For the 2005–2006 and subsequent
                                             $0.05 per hundredweight of onions                       Malheur County, Oregon, hereinafter                   fiscal periods, the Committee
                                             handled under the marketing order                       referred to as the ‘‘order.’’ The order is            recommended, and USDA approved, an
                                             (order). The Committee locally                          effective under the Agricultural                      assessment rate that would continue in
                                             administers the order and is comprised                  Marketing Agreement Act of 1937, as                   effect from fiscal period to fiscal period
                                             of producers and handlers of onions                     amended (7 U.S.C. 601–674), hereinafter               unless modified, suspended, or
                                             operating within the area of production.                referred to as the ‘‘Act.’’                           terminated by USDA upon
                                             Assessments upon onion handlers are                        The Department of Agriculture                      recommendation and information
                                             used by the Committee to fund                           (USDA) is issuing this rule in                        submitted by the Committee or other
                                             reasonable and necessary expenses of                    conformance with Executive Orders                     information available to USDA. The
                                             the program. The fiscal period begins                   12866, 13563, and 13175.                              Committee met on April 21, 2015, and
                                             July 1 and ends June 30. The assessment                    This rule has been reviewed under                  recommended 2015–2016 expenditures
                                             rate will remain in effect indefinitely                 Executive Order 12988, Civil Justice                  of $705,473 and an assessment rate of
                                             unless modified, suspended, or                          Reform. Under the marketing order now                 $0.05 per hundredweight of onions. Ten
                                             terminated.                                             in effect, Idaho-Eastern Oregon onion                 Committee members voted for this
                                             DATES:  Effective August 20, 2015.                      handlers are subject to assessments.                  change, one voted against, and there
                                             Comments received by October 19,                        Funds to administer the order are                     were no abstentions.
                                                                                                     derived from such assessments. It is                     In comparison, last year’s budgeted
                                             2015, will be considered prior to
                                                                                                     intended that the assessment rate as                  expenditures were $1,173,944. The
                                             issuance of a final rule.
                                                                                                     issued herein will be applicable to all               assessment rate of $0.05 is $0.05 lower
                                             ADDRESSES: Interested persons are                                                                             than the rate currently in effect. The
                                                                                                     assessable onions beginning July 1,
                                             invited to submit written comments                                                                            Committee’s recommendation was in
                                                                                                     2015, and continue until amended,
                                             concerning this rule. Comments must be                  suspended, or terminated.                             response to a request from handlers and
                                             sent to the Docket Clerk, Marketing                        The Act provides that administrative               growers to reduce promotion
                                             Order and Agreement Division, Fruit                     proceedings must be exhausted before                  expenditures from $635,000 to
                                             and Vegetable Program, AMS, USDA,                       parties may file suit in court. Under                 $250,000, and to allow handlers to keep
                                             1400 Independence Avenue SW., STOP                      section 608c(15)(A) of the Act, any                   $0.05 per hundredweight to spend on
                                             0237, Washington, DC 20250–0237; Fax:                   handler subject to an order may file                  their own branded promotions.
                                             (202) 720–8938; or Internet: http://                    with USDA a petition stating that the                    The major expenditures
                                             www.regulations.gov. Comments should                    order, any provision of the order, or any             recommended by the Committee for the
                                             reference the document number and the                   obligation imposed in connection with                 2015–2016 year include $6,000 for
                                             date and page number of this issue of                   the order is not in accordance with law               committee expenses, $115,412 for salary
                                             the Federal Register and will be                        and request a modification of the order               expenses, $67,810 for travel/office
                                             available for public inspection in the                  or to be exempted therefrom. Such                     expenses, $466,251 for domestic and
                                             Office of the Docket Clerk during regular               handler is afforded the opportunity for               export promotions and production
                                             business hours, or can be viewed at:                    a hearing on the petition. After the                  research expenses, and $50,000 for
                                             http://www.regulations.gov. All                         hearing, USDA would rule on the                       marketing order contingency. Budgeted
                                             comments submitted in response to this                  petition. The Act provides that the                   expenses for these items in 2014–2015
                                             rule will be included in the record and                 district court of the United States in any            were $6,000, $112,124, $107,810,
                                             will be made available to the public.
rmajette on DSK2VPTVN1PROD with RULES




                                                                                                     district in which the handler is an                   $898,010, and $50,000, respectively.
                                             Please be advised that the identity of the              inhabitant, or has his or her principal                  The Committee based its
                                             individuals or entities submitting the                  place of business, has jurisdiction to                recommended assessment rate decrease
                                             comments will be made public on the                     review USDA’s ruling on the petition,                 on the 2015–2016 crop estimates, the
                                             internet at the address provided above.                 provided an action is filed not later than            2015–2016 program expenditure needs,
                                             FOR FURTHER INFORMATION CONTACT: Sue                    20 days after the date of the entry of the            and the current and projected size of its
                                             Coleman, Marketing Specialist, or Gary                  ruling.                                               monetary reserve. The Committee


                                        VerDate Sep<11>2014   15:08 Aug 18, 2015   Jkt 235001   PO 00000   Frm 00005   Fmt 4700   Sfmt 4700   E:\FR\FM\19AUR1.SGM   19AUR1


                                             50194            Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Rules and Regulations

                                             estimated onion shipments for 2015–                        There are approximately 250                        hundredweight to spend on their own
                                             2016 at 8,800,000 hundredweight which                   producers of onions in the production                 branded promotions.
                                             should provide $440,000 in assessment                   area and approximately 31 handlers                       Prior to arriving at this budget and
                                             income. Income derived from handler                     subject to regulation under the                       assessment rate, the Committee
                                             assessments, along with contributions                   marketing order. Small agricultural                   considered information from various
                                             ($7,000), interest income ($1,750), other               producers are defined by the Small                    sources, such as the Committee’s
                                             income $(5,000), grant income                           Business Administration as those                      Executive, Research, Export, and
                                             ($34,500), and funds from the                           having annual receipts less than                      Promotion Sub-Committees, grower
                                             Committee’s authorized reserve                          $750,000, and small agricultural service              associations, and industry leaders.
                                             ($217,223), should be adequate to cover                 firms are defined as those whose annual               Alternative expenditure levels were
                                             budgeted expenses. The Committee                        receipts are less than $7,000,000 (13                 discussed by these groups, based upon
                                             estimates that its operating reserve will               CFR 121.201).                                         the relative value of various activities to
                                             be approximately $340,344 at the end of                    According to the National                          the onion industry. The Committee
                                             the 2015–2016 fiscal period. Funds in                   Agricultural Statistics Service, as                   ultimately determined that income
                                             the reserve will be kept within the                     reported in the Vegetables 2014                       derived from handler assessments, along
                                             maximum permitted by the order of                       Summary, the total F.O.B. value of                    with interest and other income,
                                             approximately one fiscal year’s                         onions in the regulated production area               contributions and grants, and funds
                                             operational expenses (§ 958.44).                        for 2014 was $100,951,000. Based on an                from the Committee’s authorized reserve
                                                The assessment rate established in                   industry estimate of 31 handlers, the                 will be adequate to cover 2015–2016
                                             this rule will continue in effect                       average value of onions handled per                   budgeted expenses of $705,473.
                                             indefinitely unless modified,                           handler is $3,256,484, well below the                    A review of historical information and
                                             suspended, or terminated by USDA                        SBA threshold for defining small                      preliminary information pertaining to
                                             upon recommendation and information                     agricultural service firms. In addition,              the upcoming fiscal period indicates
                                                                                                     based on an industry estimate of 250                  that the producer price for the 2015–
                                             submitted by the Committee or other
                                                                                                     producers, the average F.O.B. value of                2016 fiscal period could range between
                                             available information.
                                                                                                     onions produced in the production area                $8.00 and $8.50 per hundredweight of
                                                Although this assessment rate is                                                                           onions. Utilizing these estimates and the
                                                                                                     is $403,804 per producer. Therefore, it
                                             effective for an indefinite period, the                                                                       assessment rate of $0.05 per
                                                                                                     can be concluded that the majority of
                                             Committee will continue to meet prior                                                                         hundredweight, estimated assessment
                                                                                                     handlers and producers of Idaho-Eastern
                                             to or during each fiscal period to                                                                            revenue as a percentage of total grower
                                                                                                     Oregon onions may be classified as
                                             recommend a budget of expenses and                                                                            revenue could range between 0.59 and
                                                                                                     small entities.
                                             consider recommendations for                               This rule decreases the assessment                 0.63 percent for the 2015–2016 fiscal
                                             modification of the assessment rate. The                rate established for the Committee and                period.
                                             dates and times of Committee meetings                   collected from handlers for the 2015–                    This action decreases the assessment
                                             are available from the Committee or                     2016 and subsequent fiscal periods from               obligation imposed on handlers.
                                             USDA. Committee meetings are open to                    $0.10 to $0.05 per hundredweight of                   Assessments are applied uniformly on
                                             the public and interested persons may                   onions handled. The Committee                         all handlers, and some of the costs may
                                             express their views at these meetings.                  recommended 2015–2016 expenditures                    be passed on to producers. However,
                                             USDA will evaluate Committee                            of $705,473 and an assessment rate of                 decreasing the assessment rate reduces
                                             recommendations and other available                     $0.05 per hundredweight. The                          the burden on handlers, and may reduce
                                             information to determine whether                        assessment rate of $0.05 is $0.05 lower               the burden on producers. In addition,
                                             modification of the assessment rate is                  than the 2014–2015 rate. The quantity of              the Committee’s meeting was widely
                                             needed. Further rulemaking will be                      assessable onions for the 2015–2016                   publicized throughout the Idaho-Eastern
                                             undertaken as necessary. The                            fiscal period is estimated at 8,800,000               Oregon onion industry and all
                                             Committee’s 2015–2016 budget and                        hundredweight. Thus, the $0.05 rate                   interested persons were invited to
                                             those for subsequent fiscal periods will                should provide $440,000 in assessment                 attend the meeting and participate in
                                             be reviewed and, as appropriate,                        income. Assessment income, along with                 Committee deliberations on all issues.
                                             approved by USDA.                                       interest and other income, contributions              Like all Committee meetings, the April
                                             Initial Regulatory Flexibility Analysis                 and grants, and funds from the                        21, 2015, meeting was a public meeting
                                                                                                     Committee’s authorized reserve                        and all entities, both large and small,
                                                Pursuant to requirements set forth in                ($217,223), should be adequate to cover               were able to express views on this issue.
                                             the Regulatory Flexibility Act (RFA) (5                 budgeted expenses of $705,473.                        Finally, interested persons are invited to
                                             U.S.C. 601–612), the Agricultural                          The major expenditures                             submit comments on this interim rule,
                                             Marketing Service (AMS) has                             recommended by the Committee for the                  including the regulatory and
                                             considered the economic impact of this                  2015–2016 year include $6,000 for                     informational impacts of this action on
                                             rule on small entities. Accordingly,                    committee expenses, $115,412 for salary               small businesses.
                                             AMS has prepared this initial regulatory                expenses, $67,810 for travel/office
                                             flexibility analysis.                                   expenses, $466,251 for program                        Paperwork Reduction Act
                                                The purpose of the RFA is to fit                     expenses, and $50,000 for marketing                     In accordance with the Paperwork
                                             regulatory actions to the scale of                      order contingency. Budgeted expenses                  Reduction Act of 1995 (44 U.S.C.
                                             businesses subject to such actions in                   for these items in 2014–2015 were                     Chapter 35), the order’s information
                                             order that small businesses will not be                 $6,000, $112,124, $107,810, $898,010,                 collection requirements have been
                                             unduly or disproportionately burdened.                                                                        previously approved by the Office of
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                                                                                                     and $50,000, respectively.
                                             Marketing orders issued pursuant to the                    The Committee’s recommendation to                  Management and Budget (OMB) and
                                             Act, and the rules issued thereunder, are               decrease the assessment was in response               assigned OMB No. 0581–0178,
                                             unique in that they are brought about                   to a request from handlers and growers                Vegetable and Specialty Crops. No
                                             through group action of essentially                     to reduce promotion expenditures from                 changes in those requirements as a
                                             small entities acting on their own                      $635,000 to $250,000 and to allow                     result of this action are necessary.
                                             behalf.                                                 handlers to keep $0.05 per                            Should any changes become necessary,


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                                                              Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Rules and Regulations                                        50195

                                             they would be submitted to OMB for                        For the reasons set forth in the                    Overseas Citizen Services, U.S.
                                             approval.                                               preamble, 7 CFR part 958 is amended as                Department of State, CA/OCS/L, SA–17,
                                                This action imposes no additional                    follows:                                              Floor 10, Washington, DC 20522–1710;
                                             reporting or recordkeeping requirements                                                                       (202) 485–6079.
                                             on either small or large Idaho-Eastern                  PART 958—ONIONS GROWN IN                              SUPPLEMENTARY INFORMATION:
                                             Oregon onion handlers. As with all                      CERTAIN DESIGNATED COUNTIES IN
                                             Federal marketing order programs,                       IDAHO, AND MALHEUR COUNTY,                            Why is the Department promulgating
                                             reports and forms are periodically                      OREGON                                                this rule?
                                             reviewed to reduce information                                                                                   This rule amends procedural aspects
                                             requirements and duplication by                         ■ 1. The authority citation for 7 CFR                 of the Intercountry Adoption
                                             industry and public sector agencies.                    part 958 continues to read as follows:                Accreditation Regulations concerning
                                                AMS is committed to complying with                       Authority: 7 U.S.C. 601–674.                      the length of accreditation or approval
                                             the E-Government Act, to promote the                    ■ 2. Section 958.240 is revised to read               found in 22 CFR part 96. Subpart G
                                             use of the internet and other                           as follows:                                           governs decisions on applications for
                                             information technologies to provide                                                                           accreditation and approval. Section
                                             increased opportunities for citizen                     § 958.240    Assessment rate.                         96.60 provides for accreditation or
                                             access to Government information and                                                                          approval for a period of four years.
                                                                                                       On and after July 1, 2015, an
                                             services, and for other purposes.                                                                             Section 96.60 does not currently
                                                USDA has not identified any relevant                 assessment rate of $0.05 per
                                                                                                                                                           provide the opportunity to stagger the
                                             Federal rules that duplicate, overlap, or               hundredweight is established for Idaho-
                                                                                                                                                           renewal applications, which results in
                                             conflict with this rule.                                Eastern Oregon onions.
                                                                                                                                                           many renewal applications coming due
                                                A small business guide on complying                    Dated: August 13, 2015.                             at the same time.
                                             with fruit, vegetable, and specialty crop               Rex A. Barnes,                                           This rule aids the accrediting entity in
                                             marketing agreements and orders may                     Associate Administrator, Agricultural                 managing its workload. In particular,
                                             be viewed at: http://www.ams.usda.gov/                  Marketing Service.                                    the amendments to this section will
                                             MarketingOrdersSmallBusinessGuide.                      [FR Doc. 2015–20444 Filed 8–18–15; 8:45 am]           allow for a one-year extension of
                                             Any questions about the compliance                      BILLING CODE P                                        previously-granted accreditation or
                                             guide should be sent to Jeffrey Smutny                                                                        approval, not to exceed five years total,
                                             at the previously mentioned address in                                                                        based on criteria included in the rule,
                                             the FOR FURTHER INFORMATION CONTACT                     DEPARTMENT OF STATE                                   and summarized here.
                                             section.                                                                                                         The final rule establishes criteria for
                                                After consideration of all relevant                  22 CFR Part 96                                        selecting which agencies or persons are
                                             material presented, including the                                                                             eligible for the one-year extension. As a
                                             information and recommendation                          [Public Notice 9228]                                  threshold matter, only agencies and
                                             submitted by the Committee and other                    RIN 1400–AD82                                         persons that have no pending adoption-
                                             available information, it is hereby found                                                                     related complaint investigations or
                                             that this rule, as hereinafter set forth,               Intercountry Adoptions: Regulatory                    adverse actions will be eligible for an
                                             will tend to effectuate the declared                    Change To Prevent Accreditation and                   extension under this procedure. Also,
                                             policy of the Act.                                      Approval Renewal Requests From                        those entities that have undergone a
                                                Pursuant to 5 U.S.C. 553, it is also                 Coming Due at the Same Time                           change in corporate or internal structure
                                             found and determined upon good cause                                                                          (such as a merger or a leadership change
                                             that it is impracticable, unnecessary,                  AGENCY:    Department of State.
                                                                                                                                                           in chief executive or chief financial
                                             and contrary to the public interest to                  ACTION:   Final rule.                                 officer) since their initial accreditation/
                                             give preliminary notice prior to putting                SUMMARY:    This rule amends the                      approval or last renewal will not qualify
                                             this rule into effect, and that good cause              Department of State (Department)                      for an extension under this procedure.
                                             exists for not postponing the effective                 regulation on the accreditation and                   If the agency or person meets the
                                             date of this rule until 30 days after                   approval of adoption service providers                threshold criteria, in order to ensure
                                             publication in the Federal Register                     in intercountry adoptions. Most                       that the extension achieves its purpose
                                             because: (1) The 2015–2016 fiscal                       agencies and persons currently                        of staggering renewals thereafter, the
                                             period begins on July 1, 2015, and the                  accredited received that accreditation at             Secretary in his discretion may consider
                                             marketing order requires that the rate of               approximately the same time, which has                additional factors including, but not
                                             assessment for each fiscal period apply                 resulted in a surge of concurrent                     limited to, the agency’s or person’s
                                             to all assessable onions handled during                 renewal applications for consideration                volume of intercountry adoption cases
                                             such fiscal period; (2) the action                      by the Council on Accreditation (COA),                in the year preceding the application for
                                             decreases the assessment rate for                                                                             renewal or extension, the agency’s or
                                                                                                     the designated accrediting entity.
                                             assessable onions beginning with the                                                                          person’s U.S. state licensure record, and
                                                                                                     Permitting some agencies or persons to
                                             2015–2016 fiscal period; (3) handlers                                                                         the number of extensions available.
                                                                                                     qualify for an extension by one year of
                                             are aware of this action which was                                                                               Since the President signed into law
                                                                                                     the accreditation or approval period will
                                             recommended by the Committee at a                                                                             the Intercountry Adoption Universal
                                                                                                     result in a more even distribution of
                                             public meeting; and (4) this interim rule                                                                     Accreditation Act of 2012,
                                                                                                     applications for renewal in a given year.
                                             provides a 60-day comment period, and                                                                         approximately 40 new agencies received
                                                                                                     By distributing renewals, and the
                                             all comments timely received will be                                                                          accreditation, all in the same year. The
                                                                                                     resources needed to process them, COA
                                                                                                                                                           resulting surge in the number of
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                                             considered prior to finalization of this                will be further enabled to effectively
                                             rule.                                                                                                         agencies requiring review in certain
                                                                                                     and consistently carry out its other
                                                                                                                                                           years argued strongly for establishing a
                                             List of Subjects in 7 CFR Part 958                      functions.
                                                                                                                                                           mechanism that would allow COA to
                                               Marketing agreements, Onions,                         DATES: Effective September 18, 2015.                  better manage the distribution of
                                             Reporting and recordkeeping                             FOR FURTHER INFORMATION CONTACT:                      renewals. The procedure outlined in
                                             requirements.                                           Carine Rosalia, Office of Legal Affairs,              this rulemaking allows a more even


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Document Created: 2015-12-15 11:58:43
Document Modified: 2015-12-15 11:58:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionInterim rule with request for comments.
DatesEffective August 20, 2015. Comments received by October 19, 2015, will be considered prior to issuance of a final rule.
ContactSue Coleman, Marketing Specialist, or Gary D. Olson, Regional Director, Northwest Marketing Field Office, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA; Telephone: (503) 326-2724, Fax: (503) 326-7440, or Email: [email protected] or [email protected]
FR Citation80 FR 50193 
CFR AssociatedMarketing Agreements; Onions and Reporting and Recordkeeping Requirements

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