80_FR_56580 80 FR 56399 - Onions Grown in South Texas; Increased Assessment Rate

80 FR 56399 - Onions Grown in South Texas; Increased Assessment Rate

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 80, Issue 181 (September 18, 2015)

Page Range56399-56401
FR Document2015-23436

This proposed rule would implement a recommendation from the South Texas Onion Committee (Committee) to increase the assessment rate established for the 2015-16 and subsequent fiscal periods from $0.03 to $0.05 per 50-pound equivalent 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 August 1 and ends July 31. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.

Federal Register, Volume 80 Issue 181 (Friday, September 18, 2015)
[Federal Register Volume 80, Number 181 (Friday, September 18, 2015)]
[Proposed Rules]
[Pages 56399-56401]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23436]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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


Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / 
Proposed Rules

[[Page 56399]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 959

[Doc. No. AMS-FV-15-0036; FV15-959-1 PR]


Onions Grown in South Texas; Increased Assessment Rate

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: This proposed rule would implement a recommendation from the 
South Texas Onion Committee (Committee) to increase the assessment rate 
established for the 2015-16 and subsequent fiscal periods from $0.03 to 
$0.05 per 50-pound equivalent 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 August 1 and ends July 31. The assessment rate 
would remain in effect indefinitely unless modified, suspended, or 
terminated.

DATES: Comments must be received by October 19, 2015.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this proposed 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 
proposed 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: Doris Jamieson, Marketing Specialist 
or Christian D. Nissen, Regional Director, Southeast Marketing Field 
Office, Marketing Order and Agreement Division, Fruit and Vegetable 
Program, AMS, USDA; Telephone: (863) 324-3375, Fax: (863) 291-8614, or 
Email: Doris.Jamieson@ams.usda.gov or Christian.Nissen@ams.usda.gov.
    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: Jeffrey.Smutny@ams.usda.gov.

SUPPLEMENTARY INFORMATION: This proposed rule is issued under Marketing 
Order No. 959, as amended (7 CFR part 959), regulating the handling of 
onions grown in South Texas, 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 proposed rule 
in conformance with Executive Orders 12866, 13563, and 13175.
    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. Under the marketing order now in effect, South 
Texas onion handlers are subject to assessments. Funds to administer 
the order are derived from such assessments. It is intended that the 
assessment rate as proposed herein would be applicable to all 
assessable onions beginning on August 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 proposed rule would increase the assessment rate established 
for the Committee for the 2015-16 and subsequent fiscal periods from 
$0.03 to $0.05 per 50-pound equivalent of onions.
    The South Texas 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 
South Texas 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 2012-13 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 June 25, 2015, and unanimously recommended 
2015-16 expenditures of $149,807 and an assessment rate of $0.05 per 
50-pound equivalent of onions. Budgeted expenditures for 2014-15 were 
the same. The assessment rate of $0.05 is $0.02 higher than the rate 
currently in effect. With the 2015-16 crop estimated to be four million 
50-pound equivalents, one million less than last year's estimate, the 
current assessment rate would be insufficient to cover the Committee's 
anticipated expenditures.

[[Page 56400]]

Further, due to a crop failure during the 2014-15 season, the Committee 
has depleted its reserve funds. With the Committee's recommended $0.02 
increase, assessment income should be approximately $200,000. This 
would provide sufficient funds to cover anticipated 2015-16 expenses 
and add funds to the Committee's authorized reserve.
    The major expenditures recommended by the Committee for the 2015-16 
year include $50,000 for compliance, $37,050 for administrative, and 
$32,942 for management. Budgeted expenses for these items were the same 
in 2014-15.
    The assessment rate recommended by the Committee was derived by 
considering anticipated expenses, expected shipments of South Texas 
onions, and the level of funds in reserve. As mentioned earlier, onion 
shipments for the year are estimated at four million 50-pound 
equivalents which should provide $200,000 in assessment income. Income 
derived from handler assessments at the proposed rate, along with 
interest income, would be adequate to cover budgeted expenses. Funds in 
the reserve (currently $23,906) would be kept within the maximum 
permitted by the order (approximately two fiscal periods' expenses as 
authorized in Sec.  959.43).
    The proposed assessment rate would 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 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 USDA. 
Committee meetings are open to the public and interested persons may 
express their views at these meetings. USDA would evaluate Committee 
recommendations and other available information to determine whether 
modification of the assessment rate is needed. Further rulemaking would 
be undertaken as necessary. The Committee's 2015-16 budget and those 
for subsequent fiscal periods would 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 proposed rule on small 
entities. Accordingly, AMS has prepared this initial regulatory 
flexibility analysis.
    The purpose of the RFA is to fit regulatory actions to the scale of 
businesses subject to such actions in order that small businesses will 
not be unduly or disproportionately burdened. Marketing orders issued 
pursuant to the Act, and the rules issued thereunder, are unique in 
that they are brought about through group action of essentially small 
entities acting on their own behalf.
    There are approximately 60 producers of onions in the production 
area and approximately 20 handlers subject to regulation under the 
marketing order. Small agricultural producers are defined by the Small 
Business Administration (SBA) 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 Committee data and information from the National 
Agricultural Statistical Service (NASS), the average price paid for 
South Texas onions during the 2013-2014 season was around $12.00 per 
50-pound equivalents and total shipments were approximately 4.4 million 
50-pound equivalents. Based on this information and data on acreage and 
yield, the majority of South Texas onion producers would have annual 
receipts of less than $750,000. In addition, based on available 
information, more than 50 percent of South Texas onion handlers could 
be considered small business under SBA's definition. Thus, the majority 
of South Texas onion producers and handlers may be classified as small 
entities.
    This proposal would increase the assessment rate established for 
the Committee and collected from handlers for the 2015-16 and 
subsequent fiscal periods from $0.03 to $0.05 per 50-pound equivalent 
of Texas onions. The Committee unanimously recommended 2015-16 
expenditures of $149,807 and an assessment rate of $0.05 per 50-pound 
equivalent. The proposed assessment rate of $0.05 is $0.02 higher than 
the 2012-13 rate. The quantity of assessable onions for the 2015-16 
fiscal period is estimated at four million 50-pound equivalents. Thus, 
the $0.05 rate should provide $200,000 in assessment income and be 
adequate to meet this year's expenses.
    The major expenditures recommended by the Committee for the 2015-16 
fiscal period include $50,000 for compliance, $37,050 for 
administrative, and $32,942 for management. Budgeted expenses for these 
items were the same in 2014-15.
    With the 2015-16 crop estimated to be four million 50-pound 
equivalents, one million less than last year's estimate, the current 
assessment rate would be insufficient to cover the Committee's 
anticipated expenditures. Further, due to a crop failure during the 
2014-15 season, the Committee has depleted its reserve funds. The 
Committee recommended the $0.02 increase to provide sufficient funds to 
cover anticipated 2015-16 expenses and add funds to the Committee's 
authorized reserve.
    Prior to arriving at this budget and assessment rate, the Committee 
considered information from various sources, such as the Committee's 
Budget and Personnel Committee. Alternative expenditure levels were 
discussed by this group, based upon the relative value of various 
activities to the South Texas onion industry. The Committee ultimately 
determined that 2015-16 expenditures of $149,807 were appropriate, and 
the recommended assessment rate, along with interest income, would 
generate sufficient revenue to meet its expenses.
    A review of historical information and preliminary information 
pertaining to the upcoming season indicates that the grower price for 
the 2015-16 season should average around $9.55 per 50-pound equivalent 
of onions. Therefore, the estimated assessment revenue for the 2015-16 
fiscal period as a percentage of total grower revenue would be 
approximately .52 percent for the season.
    This action would increase the assessment obligation imposed on 
handlers. While assessments impose some additional costs on handlers, 
the costs are minimal and uniform on all handlers. Additionally, these 
costs would be offset by the benefits derived by the operation of the 
marketing order. In addition, the Committee's meeting was widely 
publicized throughout the South Texas 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 June 25, 
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 proposed rule, including 
the regulatory and informational 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

[[Page 56401]]

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 are necessary as 
a result of this proposed action. Should any changes become necessary, 
they would be submitted to OMB for approval.
    This proposed rule would impose no additional reporting or 
recordkeeping requirements on either small or large South Texas 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 action.
    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.
    A 30-day comment period is provided to allow interested persons to 
respond to this proposed rule. Thirty days is deemed appropriate 
because: (1) The 2015-16 fiscal period begins on August 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 Committee needs to have sufficient funds to pay its 
expenses which are incurred on a continuous basis; and (3) handlers are 
aware of this action which was unanimously recommended by the Committee 
at a public meeting and is similar to other assessment rate actions 
issued in past years.

List of Subjects in 7 CFR Part 959

    Marketing agreements, Onions, Reporting and recordkeeping 
requirements.

    For the reasons set forth in the preamble, 7 CFR part 959 is 
proposed to be amended as follows:

PART 959--ONIONS GROWN IN SOUTH TEXAS

0
1. The authority citation for 7 CFR part 959 continues to read as 
follows:

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

0
2. Section 959.237 is revised to read as follows:


Sec.  959.237  Assessment rate.

    On and after August 1, 2015, an assessment rate of $0.05 per 50-
pound equivalent is established for South Texas onions.

    Dated: September 10, 2015.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2015-23436 Filed 9-17-15; 8:45 am]
BILLING CODE P



                                                                                                                                                                                                56399

                                                Proposed Rules                                                                                                Federal Register
                                                                                                                                                              Vol. 80, No. 181

                                                                                                                                                              Friday, September 18, 2015



                                                This section of the FEDERAL REGISTER                    www.regulations.gov. All comments                     the order is not in accordance with law
                                                contains notices to the public of the proposed          submitted in response to this proposed                and request a modification of the order
                                                issuance of rules and regulations. The                  rule will be included in the record and               or to be exempted therefrom. Such
                                                purpose of these notices is to give interested          will be made available to the public.                 handler is afforded the opportunity for
                                                persons an opportunity to participate in the            Please be advised that the identity of the            a hearing on the petition. After the
                                                rule making prior to the adoption of the final
                                                rules.
                                                                                                        individuals or entities submitting the                hearing, USDA would rule on the
                                                                                                        comments will be made public on the                   petition. The Act provides that the
                                                                                                        internet at the address provided above.               district court of the United States in any
                                                DEPARTMENT OF AGRICULTURE                               FOR FURTHER INFORMATION CONTACT:                      district in which the handler is an
                                                                                                        Doris Jamieson, Marketing Specialist or               inhabitant, or has his or her principal
                                                Agricultural Marketing Service                          Christian D. Nissen, Regional Director,               place of business, has jurisdiction to
                                                                                                        Southeast Marketing Field Office,                     review USDA’s ruling on the petition,
                                                7 CFR Part 959                                          Marketing Order and Agreement                         provided an action is filed not later than
                                                [Doc. No. AMS–FV–15–0036; FV15–959–1                    Division, Fruit and Vegetable Program,                20 days after the date of the entry of the
                                                PR]                                                     AMS, USDA; Telephone: (863) 324–                      ruling.
                                                                                                        3375, Fax: (863) 291–8614, or Email:                     This proposed rule would increase
                                                Onions Grown in South Texas;                            Doris.Jamieson@ams.usda.gov or                        the assessment rate established for the
                                                Increased Assessment Rate                               Christian.Nissen@ams.usda.gov.                        Committee for the 2015–16 and
                                                                                                           Small businesses may request                       subsequent fiscal periods from $0.03 to
                                                AGENCY:  Agricultural Marketing Service,                information on complying with this                    $0.05 per 50-pound equivalent of
                                                USDA.                                                   regulation by contacting Jeffrey Smutny,              onions.
                                                ACTION: Proposed rule.                                  Marketing Order and Agreement                            The South Texas onion marketing
                                                                                                        Division, Fruit and Vegetable Program,                order provides authority for the
                                                SUMMARY:   This proposed rule would                     AMS, USDA, 1400 Independence                          Committee, with the approval of USDA,
                                                implement a recommendation from the                     Avenue SW., STOP 0237, Washington,                    to formulate an annual budget of
                                                South Texas Onion Committee                             DC 20250–0237; Telephone: (202) 720–                  expenses and collect assessments from
                                                (Committee) to increase the assessment                  2491, Fax: (202) 720–8938, or Email:                  handlers to administer the program. The
                                                rate established for the 2015–16 and                    Jeffrey.Smutny@ams.usda.gov.                          members of the Committee are
                                                subsequent fiscal periods from $0.03 to                                                                       producers and handlers of South Texas
                                                                                                        SUPPLEMENTARY INFORMATION: This
                                                $0.05 per 50-pound equivalent of onions                                                                       onions. They are familiar with the
                                                handled under the marketing order                       proposed rule is issued under Marketing
                                                                                                        Order No. 959, as amended (7 CFR part                 Committee’s needs and with the costs
                                                (order). The Committee locally                                                                                for goods and services in their local area
                                                administers the order and is comprised                  959), regulating the handling of onions
                                                                                                        grown in South Texas, hereinafter                     and are thus in a position to formulate
                                                of producers and handlers of onions                                                                           an appropriate budget and assessment
                                                operating within the area of production.                referred to as the ‘‘order.’’ The order is
                                                                                                        effective under the Agricultural                      rate. The assessment rate is formulated
                                                Assessments upon onion handlers are                                                                           and discussed in a public meeting.
                                                used by the Committee to fund                           Marketing Agreement Act of 1937, as
                                                                                                        amended (7 U.S.C. 601–674), hereinafter               Thus, all directly affected persons have
                                                reasonable and necessary expenses of                                                                          an opportunity to participate and
                                                the program. The fiscal period begins                   referred to as the ‘‘Act.’’
                                                                                                           The Department of Agriculture                      provide input.
                                                August 1 and ends July 31. The                                                                                   For the 2012–13 and subsequent fiscal
                                                                                                        (USDA) is issuing this proposed rule in
                                                assessment rate would remain in effect                                                                        periods, the Committee recommended,
                                                                                                        conformance with Executive Orders
                                                indefinitely unless modified,                                                                                 and USDA approved, an assessment rate
                                                                                                        12866, 13563, and 13175.
                                                suspended, or terminated.                                  This proposed rule has been reviewed               that would continue in effect from fiscal
                                                DATES: Comments must be received by                     under Executive Order 12988, Civil                    period to fiscal period unless modified,
                                                October 19, 2015.                                       Justice Reform. Under the marketing                   suspended, or terminated by USDA
                                                ADDRESSES: Interested persons are                       order now in effect, South Texas onion                upon recommendation and information
                                                invited to submit written comments                      handlers are subject to assessments.                  submitted by the Committee or other
                                                concerning this proposed rule.                          Funds to administer the order are                     information available to USDA.
                                                Comments must be sent to the Docket                     derived from such assessments. It is                     The Committee met on June 25, 2015,
                                                Clerk, Marketing Order and Agreement                    intended that the assessment rate as                  and unanimously recommended 2015–
                                                Division, Fruit and Vegetable Program,                  proposed herein would be applicable to                16 expenditures of $149,807 and an
                                                AMS, USDA, 1400 Independence                            all assessable onions beginning on                    assessment rate of $0.05 per 50-pound
                                                Avenue SW., STOP 0237, Washington,                      August 1, 2015, and continue until                    equivalent of onions. Budgeted
                                                DC 20250–0237; Fax: (202) 720–8938; or                  amended, suspended, or terminated.                    expenditures for 2014–15 were the
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                Internet: http://www.regulations.gov.                      The Act provides that administrative               same. The assessment rate of $0.05 is
                                                Comments should reference the                           proceedings must be exhausted before                  $0.02 higher than the rate currently in
                                                document number and the date and                        parties may file suit in court. Under                 effect. With the 2015–16 crop estimated
                                                page number of this issue of the Federal                section 608c(15)(A) of the Act, any                   to be four million 50-pound equivalents,
                                                Register and will be available for public               handler subject to an order may file                  one million less than last year’s
                                                inspection in the Office of the Docket                  with USDA a petition stating that the                 estimate, the current assessment rate
                                                Clerk during regular business hours, or                 order, any provision of the order, or any             would be insufficient to cover the
                                                can be viewed at: http://                               obligation imposed in connection with                 Committee’s anticipated expenditures.


                                           VerDate Sep<11>2014   17:14 Sep 17, 2015   Jkt 235001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\18SEP1.SGM   18SEP1


                                                56400                 Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Proposed Rules

                                                Further, due to a crop failure during the               Marketing Service (AMS) has                           administrative, and $32,942 for
                                                2014–15 season, the Committee has                       considered the economic impact of this                management. Budgeted expenses for
                                                depleted its reserve funds. With the                    proposed rule on small entities.                      these items were the same in 2014–15.
                                                Committee’s recommended $0.02                           Accordingly, AMS has prepared this                       With the 2015–16 crop estimated to
                                                increase, assessment income should be                   initial regulatory flexibility analysis.              be four million 50-pound equivalents,
                                                approximately $200,000. This would                        The purpose of the RFA is to fit                    one million less than last year’s
                                                provide sufficient funds to cover                       regulatory actions to the scale of                    estimate, the current assessment rate
                                                anticipated 2015–16 expenses and add                    businesses subject to such actions in                 would be insufficient to cover the
                                                funds to the Committee’s authorized                     order that small businesses will not be               Committee’s anticipated expenditures.
                                                reserve.                                                unduly or disproportionately burdened.                Further, due to a crop failure during the
                                                   The major expenditures                               Marketing orders issued pursuant to the               2014–15 season, the Committee has
                                                recommended by the Committee for the                    Act, and the rules issued thereunder, are             depleted its reserve funds. The
                                                2015–16 year include $50,000 for                        unique in that they are brought about                 Committee recommended the $0.02
                                                compliance, $37,050 for administrative,                 through group action of essentially                   increase to provide sufficient funds to
                                                and $32,942 for management. Budgeted                    small entities acting on their own                    cover anticipated 2015–16 expenses and
                                                expenses for these items were the same                  behalf.                                               add funds to the Committee’s
                                                in 2014–15.                                               There are approximately 60 producers                authorized reserve.
                                                   The assessment rate recommended by                   of onions in the production area and                     Prior to arriving at this budget and
                                                the Committee was derived by                            approximately 20 handlers subject to                  assessment rate, the Committee
                                                considering anticipated expenses,                       regulation under the marketing order.                 considered information from various
                                                expected shipments of South Texas                       Small agricultural producers are defined              sources, such as the Committee’s Budget
                                                onions, and the level of funds in                       by the Small Business Administration                  and Personnel Committee. Alternative
                                                reserve. As mentioned earlier, onion                    (SBA) as those having annual receipts                 expenditure levels were discussed by
                                                shipments for the year are estimated at                 less than $750,000, and small                         this group, based upon the relative
                                                four million 50-pound equivalents                       agricultural service firms are defined as             value of various activities to the South
                                                which should provide $200,000 in                        those whose annual receipts are less                  Texas onion industry. The Committee
                                                assessment income. Income derived                       than $7,000,000 (13 CFR 121.201).                     ultimately determined that 2015–16
                                                from handler assessments at the                           According to Committee data and                     expenditures of $149,807 were
                                                proposed rate, along with interest                      information from the National                         appropriate, and the recommended
                                                income, would be adequate to cover                      Agricultural Statistical Service (NASS),              assessment rate, along with interest
                                                budgeted expenses. Funds in the reserve                 the average price paid for South Texas                income, would generate sufficient
                                                (currently $23,906) would be kept                       onions during the 2013–2014 season                    revenue to meet its expenses.
                                                within the maximum permitted by the                     was around $12.00 per 50-pound                           A review of historical information and
                                                order (approximately two fiscal periods’                equivalents and total shipments were                  preliminary information pertaining to
                                                expenses as authorized in § 959.43).                    approximately 4.4 million 50-pound                    the upcoming season indicates that the
                                                   The proposed assessment rate would                   equivalents. Based on this information                grower price for the 2015–16 season
                                                continue in effect indefinitely unless                  and data on acreage and yield, the                    should average around $9.55 per 50-
                                                modified, suspended, or terminated by                   majority of South Texas onion                         pound equivalent of onions. Therefore,
                                                USDA upon recommendation and                            producers would have annual receipts                  the estimated assessment revenue for
                                                information submitted by the                            of less than $750,000. In addition, based             the 2015–16 fiscal period as a
                                                Committee or other available                            on available information, more than 50                percentage of total grower revenue
                                                information.                                            percent of South Texas onion handlers                 would be approximately .52 percent for
                                                   Although this assessment rate would                  could be considered small business                    the season.
                                                be in effect for an indefinite period, the              under SBA’s definition. Thus, the                        This action would increase the
                                                Committee would continue to meet                        majority of South Texas onion                         assessment obligation imposed on
                                                prior to or during each fiscal period to                producers and handlers may be                         handlers. While assessments impose
                                                recommend a budget of expenses and                      classified as small entities.                         some additional costs on handlers, the
                                                consider recommendations for                              This proposal would increase the                    costs are minimal and uniform on all
                                                modification of the assessment rate. The                assessment rate established for the                   handlers. Additionally, these costs
                                                dates and times of Committee meetings                   Committee and collected from handlers                 would be offset by the benefits derived
                                                are available from the Committee or                     for the 2015–16 and subsequent fiscal                 by the operation of the marketing order.
                                                USDA. Committee meetings are open to                    periods from $0.03 to $0.05 per 50-                   In addition, the Committee’s meeting
                                                the public and interested persons may                   pound equivalent of Texas onions. The                 was widely publicized throughout the
                                                express their views at these meetings.                  Committee unanimously recommended                     South Texas onion industry and all
                                                USDA would evaluate Committee                           2015–16 expenditures of $149,807 and                  interested persons were invited to
                                                recommendations and other available                     an assessment rate of $0.05 per 50-                   attend the meeting and participate in
                                                information to determine whether                        pound equivalent. The proposed                        Committee deliberations on all issues.
                                                modification of the assessment rate is                  assessment rate of $0.05 is $0.02 higher              Like all Committee meetings, the June
                                                needed. Further rulemaking would be                     than the 2012–13 rate. The quantity of                25, 2015, meeting was a public meeting
                                                undertaken as necessary. The                            assessable onions for the 2015–16 fiscal              and all entities, both large and small,
                                                Committee’s 2015–16 budget and those                    period is estimated at four million 50-               were able to express views on this issue.
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                for subsequent fiscal periods would be                  pound equivalents. Thus, the $0.05 rate               Finally, interested persons are invited to
                                                reviewed and, as appropriate, approved                  should provide $200,000 in assessment                 submit comments on this proposed rule,
                                                by USDA.                                                income and be adequate to meet this                   including the regulatory and
                                                                                                        year’s expenses.                                      informational impacts of this action on
                                                Initial Regulatory Flexibility Analysis                   The major expenditures                              small businesses.
                                                  Pursuant to requirements set forth in                 recommended by the Committee for the                     In accordance with the Paperwork
                                                the Regulatory Flexibility Act (RFA) (5                 2015–16 fiscal period include $50,000                 Reduction Act of 1995, (44 U.S.C.
                                                U.S.C. 601–612), the Agricultural                       for compliance, $37,050 for                           Chapter 35), the order’s information


                                           VerDate Sep<11>2014   17:14 Sep 17, 2015   Jkt 235001   PO 00000   Frm 00002   Fmt 4702   Sfmt 4702   E:\FR\FM\18SEP1.SGM   18SEP1


                                                                      Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Proposed Rules                                          56401

                                                collection requirements have been                       PART 959—ONIONS GROWN IN                              ADDRESSES:   FSIS invites interested
                                                previously approved by the Office of                    SOUTH TEXAS                                           persons to submit comments on this
                                                Management and Budget (OMB) and                                                                               notice. Comments may be submitted by
                                                assigned OMB No. 0581–0178                              ■ 1. The authority citation for 7 CFR                 one of the following methods:
                                                (Vegetable and Specialty Crops). No                     part 959 continues to read as follows:                   • Federal eRulemaking Portal: This
                                                changes in those requirements are                           Authority: 7 U.S.C. 601–674.                      Web site provides the ability to type
                                                necessary as a result of this proposed                                                                        short comments directly into the
                                                                                                        ■ 2. Section 959.237 is revised to read               comment field or attach a file for
                                                action. Should any changes become                       as follows:
                                                necessary, they would be submitted to                                                                         lengthier comments. Go to http://
                                                OMB for approval.                                       § 959.237    Assessment rate.                         www.regulations.gov. Follow the on-line
                                                                                                          On and after August 1, 2015, an                     instructions at that site for submitting
                                                   This proposed rule would impose no
                                                                                                        assessment rate of $0.05 per 50-pound                 comments.
                                                additional reporting or recordkeeping
                                                                                                        equivalent is established for South                      • Mail, including CD–ROMs, etc.:
                                                requirements on either small or large
                                                                                                        Texas onions.                                         Send to Docket Clerk, U.S. Department
                                                South Texas onion handlers. As with all                                                                       of Agriculture, Food Safety and
                                                Federal marketing order programs,                         Dated: September 10, 2015.                          Inspection Service, Patriots Plaza 3,
                                                reports and forms are periodically                      Rex A. Barnes,                                        1400 Independence Avenue SW.,
                                                reviewed to reduce information                          Associate Administrator, Agricultural                 Mailstop 3782, Room 8–163A,
                                                requirements and duplication by                         Marketing Service.                                    Washington, DC 20250–3700.
                                                industry and public sector agencies.                    [FR Doc. 2015–23436 Filed 9–17–15; 8:45 am]              • Hand- or courier-delivered
                                                   AMS is committed to complying with                   BILLING CODE P                                        submittals: Deliver to Patriots Plaza 3,
                                                the E-Government Act, to promote the                                                                          355 E Street SW., Room 8–163A,
                                                use of the Internet and other                                                                                 Washington, DC 20250–3700.
                                                information technologies to provide                     DEPARTMENT OF AGRICULTURE                                Instructions: All items submitted by
                                                increased opportunities for citizen                                                                           mail or electronic mail must include the
                                                                                                        Food Safety and Inspection Service                    Agency name and docket number FSIS–
                                                access to Government information and
                                                services, and for other purposes.                                                                             2012–0028. Comments received in
                                                                                                        9 CFR Part 327                                        response to this docket will be made
                                                   USDA has not identified any relevant
                                                Federal rules that duplicate, overlap, or               [Docket No. FSIS–2012–0028]                           available for public inspection and
                                                conflict with this action.                                                                                    posted without change, including any
                                                                                                        RIN 0583–AD51
                                                                                                                                                              personal information, to http://
                                                   A small business guide on complying                                                                        www.regulations.gov.
                                                                                                        Eligibility of Namibia To Export Meat
                                                with fruit, vegetable, and specialty crop                                                                        Docket: For access to background
                                                                                                        Products to the United States
                                                marketing agreements and orders may                                                                           documents or comments received, go to
                                                be viewed at: http://www.ams.usda.gov/                  AGENCY:  Food Safety and Inspection                   the FSIS Docket Room at Patriots Plaza
                                                MarketingOrdersSmallBusinessGuide.                      Service, USDA.                                        3, 355 E Street SW., Room 8–164,
                                                Any questions about the compliance                      ACTION: Proposed rule.                                Washington, DC 20250–3700 between
                                                guide should be sent to Jeffrey Smutny                                                                        8:00 a.m. and 4:30 p.m., Monday
                                                at the previously-mentioned address in                  SUMMARY:   The Food Safety and                        through Friday.
                                                the FOR FURTHER INFORMATION CONTACT                     Inspection Service (FSIS) is proposing                FOR FURTHER INFORMATION CONTACT: Dr.
                                                section.                                                to add Namibia to the list of countries               Daniel Engeljohn, Assistant
                                                   A 30-day comment period is provided                  whose meat inspection system is                       Administrator, Office of Policy and
                                                to allow interested persons to respond                  equivalent to the system that the United              Program Development; Telephone: (202)
                                                to this proposed rule. Thirty days is                   States has established under the Federal              205–0495.
                                                deemed appropriate because: (1) The                     Meat Inspect Act (FMIA) and its
                                                                                                                                                              SUPPLEMENTARY INFORMATION:
                                                2015–16 fiscal period begins on August                  implementing regulations. FSIS’s review
                                                1, 2015, and the marketing order                        of Namibia’s laws, regulations, and                   Background
                                                requires that the rate of assessment for                inspection implementation show this to
                                                                                                                                                                FSIS is proposing to amend its meat
                                                each fiscal period apply to all assessable              be the case.
                                                                                                                                                              products inspection regulations to add
                                                onions handled during such fiscal                         At this time, because Namibia advised
                                                                                                                                                              Namibia to the list of countries eligible
                                                                                                        FSIS that it intends to export only
                                                period; (2) the Committee needs to have                                                                       to export meat products to the United
                                                                                                        boneless (not ground) raw beef
                                                sufficient funds to pay its expenses                                                                          States (9 CFR 327.2(b)). Namibia is not
                                                                                                        products, such as primal cuts, chuck,
                                                which are incurred on a continuous                                                                            currently listed as eligible to export
                                                                                                        blade, and beef trimmings to the United
                                                basis; and (3) handlers are aware of this                                                                     such products to the United States.
                                                                                                        States, FSIS has only assessed Namibia’s
                                                action which was unanimously
                                                                                                        inspection system with respect to beef.               Statutory Basis for Proposed Action
                                                recommended by the Committee at a
                                                                                                        Thus, should this rule become final,                    Under the FMIA and the regulations
                                                public meeting and is similar to other
                                                                                                        Namibia would need to submit                          that implement it, meat and meat
                                                assessment rate actions issued in past
                                                                                                        additional information for FSIS to                    products imported into the United
                                                years.
                                                                                                        review before FSIS would allow                        States must be produced under
                                                List of Subjects in 7 CFR Part 959                      Namibia to export product from other
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                                                                                                                              standards for safety, wholesomeness,
                                                                                                        types of livestock to the U.S. All                    and labeling accuracy that are
                                                  Marketing agreements, Onions,                         products that Namibia exports to the
                                                Reporting and recordkeeping                                                                                   equivalent to those of the United States
                                                                                                        U.S. will be subject to re-inspection at              (21 U.S.C. 620). The FMIA also requires
                                                requirements.                                           United States ports of entry by FSIS                  that the livestock from which such
                                                  For the reasons set forth in the                      inspectors.                                           imports are produced be slaughtered
                                                preamble, 7 CFR part 959 is proposed to                 DATES: Comments must be received on                   and handled in connection with
                                                be amended as follows:                                  or before November 17, 2015.                          slaughter in a manner that is consistent


                                           VerDate Sep<11>2014   18:07 Sep 17, 2015   Jkt 235001   PO 00000   Frm 00003   Fmt 4702   Sfmt 4702   E:\FR\FM\18SEP1.SGM   18SEP1



Document Created: 2015-12-15 09:27:27
Document Modified: 2015-12-15 09:27:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received by October 19, 2015.
ContactDoris Jamieson, Marketing Specialist or Christian D. Nissen, Regional Director, Southeast Marketing Field Office, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA; Telephone: (863) 324-3375, Fax: (863) 291-8614, or Email: [email protected] or [email protected]
FR Citation80 FR 56399 
CFR AssociatedMarketing Agreements; Onions and Reporting and Recordkeeping Requirements

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR