80_FR_70889 80 FR 70669 - Oranges and Grapefruit Grown in Lower Rio Grande Valley in Texas; Decreased Assessment Rate

80 FR 70669 - Oranges and Grapefruit Grown in Lower Rio Grande Valley in Texas; Decreased Assessment Rate

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 80, Issue 220 (November 16, 2015)

Page Range70669-70671
FR Document2015-28913

This rule implements a recommendation from the Texas Valley Citrus Committee (Committee) for a decrease in the assessment rate established for the 2015-16 and subsequent fiscal periods from $0.11 to $0.08 per 7/10-bushel carton or equivalent of oranges and grapefruit handled under the marketing order (order). The Committee locally administers the order, and is comprised of producers and handlers of oranges and grapefruit operating within the area of production. Assessments upon orange and grapefruit 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 will remain in effect indefinitely unless modified, suspended, or terminated.

Federal Register, Volume 80 Issue 220 (Monday, November 16, 2015)
[Federal Register Volume 80, Number 220 (Monday, November 16, 2015)]
[Rules and Regulations]
[Pages 70669-70671]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28913]



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having general applicability and legal effect, most of which are keyed 
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Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / 
Rules and Regulations

[[Page 70669]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 906

[Doc. No. AMS-FV-15-0035; FV15-906-1 IR]


Oranges and Grapefruit Grown in Lower Rio Grande Valley in Texas; 
Decreased Assessment Rate

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim rule with request for comments.

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

SUMMARY: This rule implements a recommendation from the Texas Valley 
Citrus Committee (Committee) for a decrease in the assessment rate 
established for the 2015-16 and subsequent fiscal periods from $0.11 to 
$0.08 per 7/10-bushel carton or equivalent of oranges and grapefruit 
handled under the marketing order (order). The Committee locally 
administers the order, and is comprised of producers and handlers of 
oranges and grapefruit operating within the area of production. 
Assessments upon orange and grapefruit 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 
will remain in effect indefinitely unless modified, suspended, or 
terminated.

DATES: Effective November 17, 2015. Comments received by January 15, 
2016, 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, Specialty Crops 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: Abigail Campos, Marketing Specialist, 
or Christian D. Nissen, Regional Director, Southeast Marketing Field 
Office, Marketing Order and Agreement Division, Specialty Crops 
Program, AMS, USDA; Telephone: (863) 324-3375, Fax: (863) 291-8614, or 
Email: [email protected] or [email protected].
    Small businesses may request information on complying with this 
regulation by contacting Jeffrey Smutny, Marketing Order and Agreement 
Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue 
SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, 
Fax: (202) 720-8938, or Email: [email protected].

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing 
Agreement and Order No. 906, as amended (7 CFR part 906), regulating 
the handling of oranges and grapefruit grown in the Lower Rio Grande 
Valley in 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 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, orange and 
grapefruit 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 
oranges and grapefruit beginning 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 rule decreases the assessment rate established for the 
Committee for the 2015-16 and subsequent fiscal periods from $0.11 to 
$0.08 per 7/10-bushel carton or equivalent of oranges and grapefruit 
handled.
    The Texas orange and grapefruit 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 
Texas oranges and grapefruit. 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 2014-15 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 24, 2015, and unanimously recommended 
2015-16 expenditures of $701,148 and an assessment rate of $0.08 per 7/
10-bushel carton or equivalent of oranges and

[[Page 70670]]

grapefruit. In comparison, last year's budgeted expenditures were 
$809,500. The assessment rate of $0.08 is $0.03 lower than the rate 
currently in effect. The recommended 2015-16 expenditures include 
decreases in educational outreach and compliance, which were reduced by 
approximately $100,000. The Committee considered proposed expenses and 
recommended decreasing the assessment rate to more closely align 
assessment income to the lower budget.
    The major expenditures recommended by the Committee for the 2015-16 
year include $600,248 for the Mexican fruit fly control program, 
$77,200 for management and compliance, and $23,700 for operating 
expenses. Budgeted expenses for these items in 2014-15 were $503,000, 
$175,000, and $21,500, respectively.
    The assessment rate recommended by the Committee was derived by 
dividing anticipated expenses by expected shipments of Texas oranges 
and grapefruit. Orange and grapefruit shipments for the 2015-16 year 
are estimated at 8 million 7/10-bushel cartons or equivalent, which 
should provide $640,000 in assessment income. Income derived from 
handler assessments, along with interest income and funds from the 
Committee's authorized reserve, will be adequate to cover budgeted 
expenses. Income in the reserve (currently around $230,000) will be 
kept within the maximum permitted by the order (approximately one 
fiscal period's expenses as stated in Sec.  906.35).
    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 2015-16 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 170 producers of oranges and grapefruit in 
the production area and 13 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 Committee data and information from the National 
Agricultural Statistics Service, the weighted average grower price for 
Texas citrus during the 2013-14 season was around $13.89 per box and 
total shipments were near 7.4 million boxes. Using the weighted average 
price and shipment information, and assuming a normal distribution, the 
majority of growers would have annual receipts of less than $750,000. 
In addition, based on available information, the majority of handlers 
have annual receipts of less than $7,000,000 and could be considered 
small businesses under SBA's definition. Thus, the majority of Texas 
citrus producers and handlers may be classified as small entities.
    This rule decreases the assessment rate established for the 
Committee and collected from handlers for the 2015-16 and subsequent 
fiscal periods from $0.11 to $0.08 per 7/10-bushel carton or equivalent 
of Texas citrus. The Committee unanimously recommended 2015-16 
expenditures of $701,148 and an assessment rate of $0.08 per 7/10-
bushel carton or equivalent handled. The assessment rate of $0.08 is 
$0.03 lower than the 2014-2015 rate. The quantity of assessable oranges 
and grapefruit for the 2015-16 fiscal period is estimated at 8 million 
7/10-bushel cartons or equivalent. Thus, the $0.08 rate should provide 
$640,000 in assessment income. Income derived from handler assessments 
along with interest income and funds from Committee's authorized 
reserve, will be adequate to cover budgeted expenses.
    The major expenditures recommended by the Committee for the 2015-16 
year include $600,248 for the Mexican fruit fly control program, 
$77,200 for management and compliance, and $23,700 for operating 
expenses. Budgeted expenses for these items in 2014-15 were $503,000, 
$175,000, and $21,500, respectively.
    The recommended 2015-16 expenditures include decreases in the 
amount budgeted for educational outreach and compliance. The Committee 
considered proposed expenses and recommended decreasing the assessment 
rate to more closely align assessment income to the lower budget.
    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 and the Market Development Committee. 
Alternative expenditure levels were discussed by these groups, based 
upon the relative value of various activities to the Texas citrus 
industry. Based on estimated shipments, the recommended assessment rate 
of $0.08 should provide $640,000 in assessment income. The Committee 
determined that the assessment revenue, along with funds from reserves 
and interest income, would be adequate to cover budgeted expenses for 
the 2015-16 fiscal period.
    A review of historical information and preliminary information 
pertaining to the upcoming fiscal period indicates that the average 
grower price for the 2015-16 season could be around $13.00 per 7/10-
bushel carton or equivalent of oranges and grapefruit. Therefore, the 
estimated assessment revenue for the 2015-16 fiscal period, as a 
percentage of total grower revenue would be around 0.6 percent.
    This action decreases the assessment obligation imposed on 
handlers. Assessments are applied uniformly on all handlers, and 
decreasing the assessment rate reduces the burden on handlers.
    The Committee's meeting was widely publicized throughout the Texas 
citrus 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 24, 2015, meeting was a public 
meeting. All entities, both large and small, were able to express views 
on this issue. Interested persons are invited to submit comments on 
this interim rule, including the regulatory

[[Page 70671]]

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 collection requirements have been 
previously approved by the Office of Management and Budget (OMB) and 
assigned OMB No. 0581-0189 Generic Fruit Crops. No changes in those 
requirements are necessary as a result of this action. Should any 
changes become necessary, they would be submitted to OMB for approval.
    This action imposes no additional reporting or recordkeeping 
requirements on either small or large Texas orange and grapefruit 
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 2015-16 fiscal period began on August, 1, 
2015, and the marketing order requires that the rate of assessment for 
each fiscal period apply to all assessable oranges and grapefruit 
handled during such fiscal period; (2) this action decreases the 
assessment rate for assessable oranges and grapefruit grown in Texas 
beginning with the 2015-16 fiscal period; (3) handlers are aware of 
this action which was recommended by the Committee at a public meeting 
and is similar to other assessment rate actions issued in past years; 
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 906

    Grapefruit, Marketing agreements, Oranges, Reporting and 
recordkeeping requirements.

    For the reasons set forth in the preamble, 7 CFR part 906 is 
amended as follows:

PART 906--ORANGES AND GRAPEFRUIT GROWN IN LOWER RIO GRANDE VALLEY 
IN TEXAS

0
1. The authority citation for 7 CFR part 906 continues to read as 
follows:

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


0
2. Section 906.235 is revised to read as follows:


Sec.  906.235  Assessment rate.

    On and after August, 1, 2015, an assessment rate of $0.08 per 7/10-
bushel carton or equivalent is established for oranges and grapefruit 
grown in the Lower Rio Grande Valley in Texas.

    Dated: November 9, 2015.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2015-28913 Filed 11-13-15; 8:45 am]
BILLING CODE P



                                                                                                                                                                                                  70669

                                                  Rules and Regulations                                                                                         Federal Register
                                                                                                                                                                Vol. 80, No. 220

                                                                                                                                                                Monday, November 16, 2015



                                                  This section of the FEDERAL REGISTER                    www.regulations.gov. Comments should                    The Act provides that administrative
                                                  contains regulatory documents having general            reference the document number and the                 proceedings must be exhausted before
                                                  applicability and legal effect, most of which           date and page number of this issue of                 parties may file suit in court. Under
                                                  are keyed to and codified in the Code of                the Federal Register and will be                      section 608c(15)(A) of the Act, any
                                                  Federal Regulations, which is published under           available for public inspection in the                handler subject to an order may file
                                                  50 titles pursuant to 44 U.S.C. 1510.
                                                                                                          Office of the Docket Clerk during regular             with USDA a petition stating that the
                                                  The Code of Federal Regulations is sold by              business hours, or can be viewed at:                  order, any provision of the order, or any
                                                  the Superintendent of Documents. Prices of              http://www.regulations.gov. All                       obligation imposed in connection with
                                                  new books are listed in the first FEDERAL               comments submitted in response to this                the order is not in accordance with law
                                                  REGISTER issue of each week.                            rule will be included in the record and               and request a modification of the order
                                                                                                          will be made available to the public.                 or to be exempted therefrom. Such
                                                                                                          Please be advised that the identity of the            handler is afforded the opportunity for
                                                  DEPARTMENT OF AGRICULTURE                               individuals or entities submitting the                a hearing on the petition. After the
                                                                                                          comments will be made public on the                   hearing, USDA would rule on the
                                                  Agricultural Marketing Service                          internet at the address provided above.               petition. The Act provides that the
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      district court of the United States in any
                                                  7 CFR Part 906                                                                                                district in which the handler is an
                                                                                                          Abigail Campos, Marketing Specialist,
                                                  [Doc. No. AMS–FV–15–0035; FV15–906–1                    or Christian D. Nissen, Regional                      inhabitant, or has his or her principal
                                                  IR]                                                     Director, Southeast Marketing Field                   place of business, has jurisdiction to
                                                                                                          Office, Marketing Order and Agreement                 review USDA’s ruling on the petition,
                                                  Oranges and Grapefruit Grown in                                                                               provided an action is filed not later than
                                                                                                          Division, Specialty Crops Program,
                                                  Lower Rio Grande Valley in Texas;                                                                             20 days after the date of the entry of the
                                                                                                          AMS, USDA; Telephone: (863) 324–
                                                  Decreased Assessment Rate                                                                                     ruling.
                                                                                                          3375, Fax: (863) 291–8614, or Email:
                                                  AGENCY:  Agricultural Marketing Service,                Abigail.Campos@ams.usda.gov or                          This rule decreases the assessment
                                                  USDA.                                                   Christian.Nissen@ams.usda.gov.                        rate established for the Committee for
                                                  ACTION: Interim rule with request for                      Small businesses may request                       the 2015–16 and subsequent fiscal
                                                  comments.                                               information on complying with this                    periods from $0.11 to $0.08 per 7/10-
                                                                                                          regulation by contacting Jeffrey Smutny,              bushel carton or equivalent of oranges
                                                  SUMMARY:    This rule implements a                      Marketing Order and Agreement                         and grapefruit handled.
                                                  recommendation from the Texas Valley                    Division, Specialty Crops Program,                      The Texas orange and grapefruit
                                                  Citrus Committee (Committee) for a                      AMS, USDA, 1400 Independence                          marketing order provides authority for
                                                  decrease in the assessment rate                         Avenue SW., STOP 0237, Washington,                    the Committee, with the approval of
                                                  established for the 2015–16 and                         DC 20250–0237; Telephone: (202) 720–                  USDA, to formulate an annual budget of
                                                  subsequent fiscal periods from $0.11 to                 2491, Fax: (202) 720–8938, or Email:                  expenses and collect assessments from
                                                  $0.08 per 7/10-bushel carton or                         Jeffrey.Smutny@ams.usda.gov.                          handlers to administer the program. The
                                                  equivalent of oranges and grapefruit                    SUPPLEMENTARY INFORMATION: This rule                  members of the Committee are
                                                  handled under the marketing order                       is issued under Marketing Agreement                   producers and handlers of Texas
                                                  (order). The Committee locally                          and Order No. 906, as amended (7 CFR                  oranges and grapefruit. They are
                                                  administers the order, and is comprised                 part 906), regulating the handling of                 familiar with the Committee’s needs and
                                                  of producers and handlers of oranges                    oranges and grapefruit grown in the                   with the costs for goods and services in
                                                  and grapefruit operating within the area                Lower Rio Grande Valley in Texas,                     their local area and are thus in a
                                                  of production. Assessments upon orange                  hereinafter referred to as the ‘‘order.’’             position to formulate an appropriate
                                                  and grapefruit handlers are used by the                 The order is effective under the                      budget and assessment rate. The
                                                  Committee to fund reasonable and                        Agricultural Marketing Agreement Act                  assessment rate is formulated and
                                                  necessary expenses of the program. The                  of 1937, as amended (7 U.S.C. 601–674),               discussed in a public meeting. Thus, all
                                                  fiscal period begins August 1 and ends                  hereinafter referred to as the ‘‘Act.’’               directly affected persons have an
                                                  July 31. The assessment rate will remain                   The Department of Agriculture                      opportunity to participate and provide
                                                  in effect indefinitely unless modified,                 (USDA) is issuing this rule in                        input.
                                                  suspended, or terminated.                               conformance with Executive Orders                       For the 2014–15 and subsequent fiscal
                                                  DATES: Effective November 17, 2015.                     12866, 13563, and 13175.                              periods, the Committee recommended,
                                                  Comments received by January 15, 2016,                     This rule has been reviewed under                  and USDA approved, an assessment rate
                                                  will be considered prior to issuance of                 Executive Order 12988, Civil Justice                  that would continue in effect from fiscal
                                                  a final rule.                                           Reform. Under the marketing order now                 period to fiscal period unless modified,
                                                  ADDRESSES: Interested persons are                       in effect, orange and grapefruit handlers             suspended, or terminated by USDA
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  invited to submit written comments                      are subject to assessments. Funds to                  upon recommendation and information
                                                  concerning this rule. Comments must be                  administer the order are derived from                 submitted by the Committee or other
                                                  sent to the Docket Clerk, Marketing                     such assessments. It is intended that the             information available to USDA.
                                                  Order and Agreement Division,                           assessment rate as issued herein will be                The Committee met on June 24, 2015,
                                                  Specialty Crops Program, AMS, USDA,                     applicable to all assessable oranges and              and unanimously recommended 2015–
                                                  1400 Independence Avenue SW., STOP                      grapefruit beginning August, 1, 2015,                 16 expenditures of $701,148 and an
                                                  0237, Washington, DC 20250–0237; Fax:                   and continue until amended,                           assessment rate of $0.08 per 7/10-bushel
                                                  (202) 720–8938; or Internet: http://                    suspended, or terminated.                             carton or equivalent of oranges and


                                             VerDate Sep<11>2014   16:20 Nov 13, 2015   Jkt 238001   PO 00000   Frm 00001   Fmt 4700   Sfmt 4700   E:\FR\FM\16NOR1.SGM   16NOR1


                                                  70670            Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Rules and Regulations

                                                  grapefruit. In comparison, last year’s                  Initial Regulatory Flexibility Analysis               assessment income. Income derived
                                                  budgeted expenditures were $809,500.                       Pursuant to requirements set forth in              from handler assessments along with
                                                  The assessment rate of $0.08 is $0.03                   the Regulatory Flexibility Act (RFA) (5               interest income and funds from
                                                  lower than the rate currently in effect.                U.S.C. 601–612), the Agricultural                     Committee’s authorized reserve, will be
                                                  The recommended 2015–16                                 Marketing Service (AMS) has                           adequate to cover budgeted expenses.
                                                  expenditures include decreases in                                                                                The major expenditures
                                                                                                          considered the economic impact of this
                                                  educational outreach and compliance,                                                                          recommended by the Committee for the
                                                                                                          rule on small entities. Accordingly,
                                                  which were reduced by approximately                                                                           2015–16 year include $600,248 for the
                                                                                                          AMS has prepared this initial regulatory
                                                  $100,000. The Committee considered                                                                            Mexican fruit fly control program,
                                                                                                          flexibility analysis.
                                                  proposed expenses and recommended                                                                             $77,200 for management and
                                                                                                             The purpose of the RFA is to fit
                                                  decreasing the assessment rate to more                                                                        compliance, and $23,700 for operating
                                                                                                          regulatory actions to the scale of
                                                  closely align assessment income to the                                                                        expenses. Budgeted expenses for these
                                                                                                          businesses subject to such actions in
                                                  lower budget.                                                                                                 items in 2014–15 were $503,000,
                                                                                                          order that small businesses will not be
                                                     The major expenditures                                                                                     $175,000, and $21,500, respectively.
                                                                                                          unduly or disproportionately burdened.                   The recommended 2015–16
                                                  recommended by the Committee for the
                                                                                                          Marketing orders issued pursuant to the               expenditures include decreases in the
                                                  2015–16 year include $600,248 for the
                                                                                                          Act, and the rules issued thereunder, are             amount budgeted for educational
                                                  Mexican fruit fly control program,
                                                  $77,200 for management and                              unique in that they are brought about                 outreach and compliance. The
                                                  compliance, and $23,700 for operating                   through group action of essentially                   Committee considered proposed
                                                  expenses. Budgeted expenses for these                   small entities acting on their own                    expenses and recommended decreasing
                                                  items in 2014–15 were $503,000,                         behalf.                                               the assessment rate to more closely align
                                                  $175,000, and $21,500, respectively.                       There are approximately 170                        assessment income to the lower budget.
                                                     The assessment rate recommended by                   producers of oranges and grapefruit in                   Prior to arriving at this budget and
                                                  the Committee was derived by dividing                   the production area and 13 handlers                   assessment rate, the Committee
                                                  anticipated expenses by expected                        subject to regulation under the                       considered information from various
                                                  shipments of Texas oranges and                          marketing order. Small agricultural                   sources, such as the Committee’s Budget
                                                  grapefruit. Orange and grapefruit                       producers are defined by the Small                    and Personnel Committee and the
                                                  shipments for the 2015–16 year are                      Business Administration as those                      Market Development Committee.
                                                  estimated at 8 million 7/10-bushel                      having annual receipts less than                      Alternative expenditure levels were
                                                  cartons or equivalent, which should                     $750,000, and small agricultural service              discussed by these groups, based upon
                                                  provide $640,000 in assessment income.                  firms are defined as those whose annual               the relative value of various activities to
                                                  Income derived from handler                             receipts are less than $7,000,000 (13                 the Texas citrus industry. Based on
                                                  assessments, along with interest income                 CFR 121.201).                                         estimated shipments, the recommended
                                                  and funds from the Committee’s                             According to Committee data and                    assessment rate of $0.08 should provide
                                                  authorized reserve, will be adequate to                 information from the National                         $640,000 in assessment income. The
                                                  cover budgeted expenses. Income in the                  Agricultural Statistics Service, the                  Committee determined that the
                                                  reserve (currently around $230,000) will                weighted average grower price for Texas               assessment revenue, along with funds
                                                  be kept within the maximum permitted                    citrus during the 2013–14 season was                  from reserves and interest income,
                                                  by the order (approximately one fiscal                  around $13.89 per box and total                       would be adequate to cover budgeted
                                                  period’s expenses as stated in § 906.35).               shipments were near 7.4 million boxes.                expenses for the 2015–16 fiscal period.
                                                     The assessment rate established in                   Using the weighted average price and                     A review of historical information and
                                                  this rule will continue in effect                       shipment information, and assuming a                  preliminary information pertaining to
                                                  indefinitely unless modified,                           normal distribution, the majority of                  the upcoming fiscal period indicates
                                                  suspended, or terminated by USDA                        growers would have annual receipts of                 that the average grower price for the
                                                  upon recommendation and information                     less than $750,000. In addition, based                2015–16 season could be around $13.00
                                                  submitted by the Committee or other                     on available information, the majority of             per 7/10-bushel carton or equivalent of
                                                  available information.                                  handlers have annual receipts of less                 oranges and grapefruit. Therefore, the
                                                     Although this assessment rate is                     than $7,000,000 and could be                          estimated assessment revenue for the
                                                  effective for an indefinite period, the                 considered small businesses under                     2015–16 fiscal period, as a percentage of
                                                  Committee will continue to meet prior                   SBA’s definition. Thus, the majority of               total grower revenue would be around
                                                  to or during each fiscal period to                      Texas citrus producers and handlers                   0.6 percent.
                                                  recommend a budget of expenses and                      may be classified as small entities.                     This action decreases the assessment
                                                  consider recommendations for                               This rule decreases the assessment                 obligation imposed on handlers.
                                                  modification of the assessment rate. The                rate established for the Committee and                Assessments are applied uniformly on
                                                  dates and times of Committee meetings                   collected from handlers for the 2015–16               all handlers, and decreasing the
                                                  are available from the Committee or                     and subsequent fiscal periods from                    assessment rate reduces the burden on
                                                  USDA. Committee meetings are open to                    $0.11 to $0.08 per 7/10-bushel carton or              handlers.
                                                  the public and interested persons may                   equivalent of Texas citrus. The                          The Committee’s meeting was widely
                                                  express their views at these meetings.                  Committee unanimously recommended                     publicized throughout the Texas citrus
                                                  USDA will evaluate Committee                            2015–16 expenditures of $701,148 and                  industry and all interested persons were
                                                  recommendations and other available                     an assessment rate of $0.08 per 7/10-                 invited to attend the meeting and
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                                                  information to determine whether                        bushel carton or equivalent handled.                  participate in Committee deliberations
                                                  modification of the assessment rate is                  The assessment rate of $0.08 is $0.03                 on all issues. Like all Committee
                                                  needed. Further rulemaking will be                      lower than the 2014–2015 rate. The                    meetings, the June 24, 2015, meeting
                                                  undertaken as necessary. The                            quantity of assessable oranges and                    was a public meeting. All entities, both
                                                  Committee’s 2015–16 budget and those                    grapefruit for the 2015–16 fiscal period              large and small, were able to express
                                                  for subsequent fiscal periods will be                   is estimated at 8 million 7/10-bushel                 views on this issue. Interested persons
                                                  reviewed and, as appropriate, approved                  cartons or equivalent. Thus, the $0.08                are invited to submit comments on this
                                                  by USDA.                                                rate should provide $640,000 in                       interim rule, including the regulatory


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                                                                   Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Rules and Regulations                                        70671

                                                  and informational impacts of this action                2015–16 fiscal period; (3) handlers are               Capital Plan and Stress Test Rules. This
                                                  on small businesses.                                    aware of this action which was                        publication removes certain expired
                                                     In accordance with the Paperwork                     recommended by the Committee at a                     transitional requirements in Regulations
                                                  Reduction Act of 1995 (44 U.S.C.                        public meeting and is similar to other                H and Y, resolves certain citation errors,
                                                  Chapter 35), the order’s information                    assessment rate actions issued in past                replaces a wrongly duplicated
                                                  collection requirements have been                       years; and (4) this interim rule provides             paragraph in Regulation Q, and corrects
                                                  previously approved by the Office of                    a 60-day comment period, and all                      a typographical error in Regulation YY.
                                                  Management and Budget (OMB) and                         comments timely received will be
                                                  assigned OMB No. 0581–0189 Generic                                                                            DATES: The corrections are effective
                                                                                                          considered prior to finalization of this              November 16, 2015, except that
                                                  Fruit Crops. No changes in those                        rule.
                                                  requirements are necessary as a result of                                                                     instructions 10.b and 10.f amending 12
                                                  this action. Should any changes become                  List of Subjects in 7 CFR Part 906                    CFR 208.43 are effective January 1,
                                                  necessary, they would be submitted to                                                                         2018.
                                                                                                            Grapefruit, Marketing agreements,
                                                  OMB for approval.                                       Oranges, Reporting and recordkeeping                  FOR FURTHER INFORMATION CONTACT:
                                                     This action imposes no additional                    requirements.                                         Benjamin McDonough, Special Counsel,
                                                  reporting or recordkeeping requirements                                                                       (202) 452–2036, Julie Anthony, Counsel,
                                                                                                            For the reasons set forth in the
                                                  on either small or large Texas orange                                                                         (202) 475–6682, or Mark Buresh, Senior
                                                                                                          preamble, 7 CFR part 906 is amended as
                                                  and grapefruit handlers. As with all                                                                          Attorney, (202) 452–5270, Legal
                                                                                                          follows:
                                                  Federal marketing order programs,                                                                             Division, Board of Governors of the
                                                  reports and forms are periodically                      PART 906—ORANGES AND                                  Federal Reserve System, 20th Street and
                                                  reviewed to reduce information                          GRAPEFRUIT GROWN IN LOWER RIO                         Constitution Avenue NW., Washington,
                                                  requirements and duplication by                         GRANDE VALLEY IN TEXAS                                DC 20551. Telecommunications Device
                                                  industry and public sector agencies.                                                                          for the Deaf (TDD) users may contact
                                                     AMS is committed to complying with                   ■ 1. The authority citation for 7 CFR                 (202) 263–4869.
                                                  the E-Government Act, to promote the                    part 906 continues to read as follows:
                                                  use of the internet and other                                                                                 SUPPLEMENTARY INFORMATION:     The Board
                                                                                                              Authority: 7 U.S.C. 601–674.                      is correcting errors in and deleting
                                                  information technologies to provide
                                                  increased opportunities for citizen                     ■ 2. Section 906.235 is revised to read               certain expired transitional
                                                  access to Government information and                    as follows:                                           requirements from the final rule that
                                                  services, and for other purposes.                                                                             was published in the Federal Register
                                                     USDA has not identified any relevant                 § 906.235    Assessment rate.                         on October 11, 2013 (78 FR 62018).
                                                  Federal rules that duplicate, overlap, or                 On and after August, 1, 2015, an                    These revisions will remove text or
                                                  conflict with this rule.                                assessment rate of $0.08 per 7/10-bushel              footnotes in 12 CFR parts 208 and 225
                                                     A small business guide on complying                  carton or equivalent is established for               describing certain transitional
                                                  with fruit, vegetable, and specialty crop               oranges and grapefruit grown in the                   requirements that have expired, correct
                                                  marketing agreements and orders may                     Lower Rio Grande Valley in Texas.                     citations in 12 CFR 217.2 and 12 CFR
                                                  be viewed at: http://www.ams.usda.gov/                    Dated: November 9, 2015.                            217.202(b)(10), and remove and replace
                                                  MarketingOrdersSmallBusinessGuide.                      Rex A. Barnes,                                        a wrongly duplicated paragraph in 12
                                                  Any questions about the compliance                      Associate Administrator, Agricultural
                                                                                                                                                                CFR 217.300(c)(3). The Board is also
                                                  guide should be sent to Jeffrey Smutny                  Marketing Service.                                    correcting a typographical error in the
                                                  at the previously mentioned address in                  [FR Doc. 2015–28913 Filed 11–13–15; 8:45 am]
                                                                                                                                                                final rule that was published in the
                                                  the FOR FURTHER INFORMATION CONTACT                                                                           Federal Register on October 27, 2014
                                                                                                          BILLING CODE P
                                                  section.                                                                                                      (79 FR 64025), which caused the
                                                     After consideration of all relevant                                                                        unintended deletion of § 252.153(e)(2)–
                                                  material presented, including the                                                                             (5).
                                                  information and recommendation                          FEDERAL RESERVE SYSTEM
                                                  submitted by the Committee and other                                                                          List of Subjects
                                                  available information, it is hereby found               12 CFR Parts 208, 217, 225, and 252
                                                                                                                                                                12 CFR Part 208
                                                  that this rule, as hereinafter set forth,               [Regulations H, Q, Y, and YY; Docket Nos.
                                                  will tend to effectuate the declared                    R–1442 and R–1492]                                      Accounting, Agriculture, Banks,
                                                  policy of the Act.                                                                                            Banking, Confidential business
                                                     Pursuant to 5 U.S.C. 553, it is also                 RIN 7100 AE–87                                        information, Consumer protection,
                                                  found and determined upon good cause                                                                          Crime, Currency, Global systemically
                                                                                                          Regulatory Capital Rules; Enhanced                    important bank, Insurance, Investments,
                                                  that it is impracticable, unnecessary,
                                                                                                          Prudential Standards for Bank Holding                 Mortgages, Reporting and recordkeeping
                                                  and contrary to the public interest to
                                                                                                          Companies and Foreign Banking                         requirements, Securities.
                                                  give preliminary notice prior to putting
                                                                                                          Organizations; Correction
                                                  this rule into effect, and that good cause                                                                    12 CFR Part 217
                                                  exists for not postponing the effective                 AGENCY:  Board of Governors of the
                                                  date of this rule until 30 days after                   Federal Reserve System.                                 Administrative practice and
                                                  publication in the Federal Register                     ACTION: Final rule; correcting                        procedure, Banks, Banking, Holding
                                                  because: (1) The 2015–16 fiscal period                  amendment.                                            companies, Reporting and
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                                                  began on August, 1, 2015, and the                                                                             recordkeeping requirements, Securities.
                                                  marketing order requires that the rate of               SUMMARY:  The Board of Governors of the               12 CFR Part 225
                                                  assessment for each fiscal period apply                 Federal Reserve System (Board)
                                                  to all assessable oranges and grapefruit                published a final rule in the Federal                   Administrative practice and
                                                  handled during such fiscal period; (2)                  Register on October 11, 2013 (78 FR                   procedure, Banks, banking, Federal
                                                  this action decreases the assessment rate               62018) regarding Regulatory Capital                   Reserve System, Holding companies,
                                                  for assessable oranges and grapefruit                   Rules and another final rule on October               Reporting and recordkeeping
                                                  grown in Texas beginning with the                       27, 2014 (79 FR 64025) regarding                      requirements, Securities.


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Document Created: 2015-12-14 14:12:55
Document Modified: 2015-12-14 14:12:55
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 November 17, 2015. Comments received by January 15, 2016, will be considered prior to issuance of a final rule.
ContactAbigail Campos, Marketing Specialist, or Christian D. Nissen, Regional Director, Southeast Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (863) 324-3375, Fax: (863) 291-8614, or Email: [email protected] or [email protected]
FR Citation80 FR 70669 
CFR AssociatedGrapefruit; Marketing Agreements; Oranges and Reporting and Recordkeeping Requirements

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