80_FR_73867 80 FR 73640 - Onions Grown in South Texas; Increased Assessment Rate

80 FR 73640 - Onions Grown in South Texas; Increased Assessment Rate

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 80, Issue 227 (November 25, 2015)

Page Range73640-73642
FR Document2015-30020

This rule implements 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 will remain in effect indefinitely unless modified, suspended, or terminated.

Federal Register, Volume 80 Issue 227 (Wednesday, November 25, 2015)
[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)]
[Rules and Regulations]
[Pages 73640-73642]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30020]



[[Page 73640]]

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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 959

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


Onions Grown in South Texas; Increased Assessment Rate

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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

SUMMARY: This rule implements 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 will 
remain in effect indefinitely unless modified, suspended, or 
terminated.

DATES: Effective November 27, 2015.

FOR FURTHER INFORMATION CONTACT: Doris Jamieson, 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 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 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, 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 issued herein will be applicable to all assessable 
onions 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 increases the assessment rate established by 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 the 2014-15 
fiscal period 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. 
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 approximate $200,000. This should 
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, along with interest income, should be 
adequate to cover budgeted expenses. Funds in the reserve (currently 
$23,906) will be kept within the maximum permitted by the order 
(approximately two fiscal periods' expenses as authorized in Sec.  
959.43).
    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 will be in effect 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

[[Page 73641]]

needed. Further rulemaking will 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.

Final 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 final 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 for South 
Texas onions during the 2013-2014 season was around $12.00 per 50-pound 
equivalent 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 businesses under SBA's definition. Thus, the majority of South 
Texas onion producers and handlers may be classified as small entities.
    This rule increases 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 
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 during the 2014-15 fiscal period.
    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 could be 
approximately 0.52 percent for the season.
    This action increases the assessment obligation imposed on 
handlers. While assessments impose some additional costs on handlers, 
the costs are minimal and uniform on all handlers. However, these costs 
are 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.
    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), the order's information collection requirements have been 
previously approved by the Office of Management and Budget (OMB) and 
assigned OMB No. 0581-0178 (Vegetable and Specialty Crops). No changes 
in those requirements as a result of this action are necessary. Should 
any changes become necessary, they would be submitted to OMB for 
approval.
    This rule imposes 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 proposed rule concerning this action was published in the Federal 
Register on September 18, 2015 (80 FR 56399). Copies of the proposed 
rule were also mailed or sent via facsimile to all onion handlers. 
Finally, the proposal was made available through the Internet by USDA 
and the Office of the Federal Register. A 30-day comment period ending 
October 19, 2015, was provided for interested persons to respond to the 
proposal. No comments were received.
    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/rules-regulations/moa/small-businesses. 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 also found and determined that good 
cause exists for not postponing the effective date of this rule until 
30 days after publication

[[Page 73642]]

in the Federal Register because the crop year began 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 
period. Further, handlers are aware of this rule which was recommended 
at a public meeting. Also, a 60-day comment period was provided for in 
the proposed rule.

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 
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: November 20, 2015.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2015-30020 Filed 11-24-15; 8:45 am]
 BILLING CODE P



                                                73640        Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Rules and Regulations

                                                DEPARTMENT OF AGRICULTURE                                 This rule has been reviewed under                   16 expenditures of $149,807 and an
                                                                                                        Executive Order 12988, Civil Justice                  assessment rate of $0.05 per 50-pound
                                                Agricultural Marketing Service                          Reform. Under the marketing order now                 equivalent of onions. Budgeted
                                                                                                        in effect, South Texas onion handlers                 expenditures for the 2014–15 fiscal
                                                7 CFR Part 959                                          are subject to assessments. Funds to                  period were the same. The assessment
                                                [Doc. No. AMS–FV–15–0036; FV15–959–1                    administer the order are derived from                 rate of $0.05 is $0.02 higher than the
                                                FR]                                                     such assessments. It is intended that the             rate currently in effect. With the 2015–
                                                                                                        assessment rate as issued herein will be              16 crop estimated to be four million 50-
                                                Onions Grown in South Texas;                            applicable to all assessable onions                   pound equivalents, one million less
                                                Increased Assessment Rate                               beginning August 1, 2015, and continue                than last year’s estimate, the current
                                                                                                        until amended, suspended, or                          assessment rate would be insufficient to
                                                AGENCY:  Agricultural Marketing Service,                terminated.                                           cover the Committee’s anticipated
                                                USDA.                                                     The Act provides that administrative                expenditures. Further, due to a crop
                                                ACTION: Final rule.                                     proceedings must be exhausted before                  failure during the 2014–15 season, the
                                                SUMMARY:    This rule implements a                      parties may file suit in court. Under                 Committee has depleted its reserve
                                                recommendation from the South Texas                     section 608c(15)(A) of the Act, any                   funds. With the Committee’s
                                                Onion Committee (Committee) to                          handler subject to an order may file                  recommended $0.02 increase,
                                                increase the assessment rate established                with USDA a petition stating that the                 assessment income should approximate
                                                for the 2015–16 and subsequent fiscal                   order, any provision of the order, or any             $200,000. This should provide sufficient
                                                periods from $0.03 to $0.05 per 50-                     obligation imposed in connection with                 funds to cover anticipated 2015–16
                                                pound equivalent of onions handled                      the order is not in accordance with law               expenses and add funds to the
                                                under the marketing order (order). The                  and request a modification of the order               Committee’s authorized reserve.
                                                Committee locally administers the order                 or to be exempted therefrom. Such                        The major expenditures
                                                and is comprised of producers and                       handler is afforded the opportunity for               recommended by the Committee for the
                                                handlers of onions operating within the                 a hearing on the petition. After the                  2015–16 year include $50,000 for
                                                area of production. Assessments upon                    hearing, USDA would rule on the                       compliance, $37,050 for administrative,
                                                onion handlers are used by the                          petition. The Act provides that the                   and $32,942 for management. Budgeted
                                                Committee to fund reasonable and                        district court of the United States in any            expenses for these items were the same
                                                necessary expenses of the program. The                  district in which the handler is an                   in 2014–15.
                                                                                                        inhabitant, or has his or her principal                  The assessment rate recommended by
                                                fiscal period begins August 1 and ends
                                                                                                        place of business, has jurisdiction to                the Committee was derived by
                                                July 31. The assessment rate will remain
                                                                                                        review USDA’s ruling on the petition,                 considering anticipated expenses,
                                                in effect indefinitely unless modified,
                                                                                                        provided an action is filed not later than            expected shipments of South Texas
                                                suspended, or terminated.
                                                                                                        20 days after the date of the entry of the            onions, and the level of funds in
                                                DATES: Effective November 27, 2015.                                                                           reserve. As mentioned earlier, onion
                                                                                                        ruling.
                                                FOR FURTHER INFORMATION CONTACT:                          This rule increases the assessment                  shipments for the year are estimated at
                                                Doris Jamieson, Marketing Specialist or                 rate established by the Committee for                 four million 50-pound equivalents
                                                Christian D. Nissen, Regional Director,                 the 2015–16 and subsequent fiscal                     which should provide $200,000 in
                                                Southeast Marketing Field Office,                       periods from $0.03 to $0.05 per 50-                   assessment income. Income derived
                                                Marketing Order and Agreement                           pound equivalent of onions.                           from handler assessments, along with
                                                Division, Specialty Crops Program,                        The South Texas onion marketing                     interest income, should be adequate to
                                                AMS, USDA; Telephone: (863) 324–                        order provides authority for the                      cover budgeted expenses. Funds in the
                                                3375, Fax: (863) 291–8614, or Email:                    Committee, with the approval of USDA,                 reserve (currently $23,906) will be kept
                                                Doris.Jamieson@ams.usda.gov or                          to formulate an annual budget of                      within the maximum permitted by the
                                                Christian.Nissen@ams.usda.gov.                          expenses and collect assessments from                 order (approximately two fiscal periods’
                                                   Small businesses may request                         handlers to administer the program. The               expenses as authorized in § 959.43).
                                                information on complying with this                      members of the Committee are                             The assessment rate established in
                                                regulation by contacting Jeffrey Smutny,                producers and handlers of South Texas                 this rule will continue in effect
                                                Marketing Order and Agreement                           onions. They are familiar with the                    indefinitely unless modified,
                                                Division, Specialty Crops Program,                      Committee’s needs and with the costs                  suspended, or terminated by USDA
                                                AMS, USDA, 1400 Independence                            for goods and services in their local area            upon recommendation and information
                                                Avenue SW., STOP 0237, Washington,                      and are thus in a position to formulate               submitted by the Committee or other
                                                DC 20250–0237; Telephone: (202) 720–                    an appropriate budget and assessment                  available information.
                                                2491, Fax: (202) 720–8938, or Email:                    rate. The assessment rate is formulated                  Although this assessment rate will be
                                                Jeffrey.Smutny@ams.usda.gov.                            and discussed in a public meeting.                    in effect for an indefinite period, the
                                                SUPPLEMENTARY INFORMATION: This rule                    Thus, all directly affected persons have              Committee will continue to meet prior
                                                is issued under Marketing Order No.                     an opportunity to participate and                     to or during each fiscal period to
                                                959, as amended (7 CFR part 959),                       provide input.                                        recommend a budget of expenses and
                                                regulating the handling of onions grown                   For the 2012–13 and subsequent fiscal               consider recommendations for
                                                in South Texas, hereinafter referred to                 periods, the Committee recommended,                   modification of the assessment rate. The
                                                as the ‘‘order.’’ The order is effective                and USDA approved, an assessment rate                 dates and times of Committee meetings
                                                under the Agricultural Marketing                        that would continue in effect from fiscal             are available from the Committee or
jstallworth on DSK7TPTVN1PROD with RULES




                                                Agreement Act of 1937, as amended (7                    period to fiscal period unless modified,              USDA. Committee meetings are open to
                                                U.S.C. 601–674), hereinafter referred to                suspended, or terminated by USDA                      the public and interested persons may
                                                as the ‘‘Act.’’                                         upon recommendation and information                   express their views at these meetings.
                                                   The Department of Agriculture                        submitted by the Committee or other                   USDA will evaluate Committee
                                                (USDA) is issuing this rule in                          information available to USDA.                        recommendations and other available
                                                conformance with Executive Orders                         The Committee met on June 25, 2015,                 information to determine whether
                                                12866, 13563, and 13175.                                and unanimously recommended 2015–                     modification of the assessment rate is


                                           VerDate Sep<11>2014   15:12 Nov 24, 2015   Jkt 238001   PO 00000   Frm 00004   Fmt 4700   Sfmt 4700   E:\FR\FM\25NOR1.SGM   25NOR1


                                                             Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Rules and Regulations                                         73641

                                                needed. Further rulemaking will be                      The quantity of assessable onions for the             meeting was a public meeting and all
                                                undertaken as necessary. The                            2015–16 fiscal period is estimated at                 entities, both large and small, were able
                                                Committee’s 2015–16 budget and those                    four million 50-pound equivalents.                    to express views on this issue.
                                                for subsequent fiscal periods would be                  Thus, the $0.05 rate should provide                      In accordance with the Paperwork
                                                reviewed and, as appropriate, approved                  $200,000 in assessment income and be                  Reduction Act of 1995 (44 U.S.C.
                                                by USDA.                                                adequate to meet this year’s expenses.                Chapter 35), the order’s information
                                                                                                          The major expenditures                              collection requirements have been
                                                Final Regulatory Flexibility Analysis                   recommended by the Committee for the                  previously approved by the Office of
                                                   Pursuant to requirements set forth in                2015–16 fiscal period include $50,000                 Management and Budget (OMB) and
                                                the Regulatory Flexibility Act (RFA)                    for compliance, $37,050 for                           assigned OMB No. 0581–0178
                                                (5 U.S.C. 601–612), the Agricultural                    administrative, and $32,942 for                       (Vegetable and Specialty Crops). No
                                                Marketing Service (AMS) has                             management. Budgeted expenses for                     changes in those requirements as a
                                                considered the economic impact of this                  these items were the same during the                  result of this action are necessary.
                                                rule on small entities. Accordingly,                    2014–15 fiscal period.                                Should any changes become necessary,
                                                AMS has prepared this final regulatory                    With the 2015–16 crop estimated to                  they would be submitted to OMB for
                                                flexibility analysis.                                   be four million 50-pound equivalents,                 approval.
                                                   The purpose of the RFA is to fit                     one million less than last year’s                        This rule imposes no additional
                                                regulatory actions to the scale of                      estimate, the current assessment rate                 reporting or recordkeeping requirements
                                                businesses subject to such actions in                   would be insufficient to cover the                    on either small or large South Texas
                                                order that small businesses will not be                 Committee’s anticipated expenditures.                 onion handlers. As with all Federal
                                                unduly or disproportionately burdened.                  Further, due to a crop failure during the             marketing order programs, reports and
                                                Marketing orders issued pursuant to the                 2014–15 season, the Committee has                     forms are periodically reviewed to
                                                Act, and the rules issued thereunder, are               depleted its reserve funds. The                       reduce information requirements and
                                                unique in that they are brought about                   Committee recommended the $0.02                       duplication by industry and public
                                                through group action of essentially                     increase to provide sufficient funds to               sector agencies.
                                                small entities acting on their own                      cover anticipated 2015–16 expenses and                   AMS is committed to complying with
                                                behalf.                                                 add funds to the Committee’s                          the E-Government Act, to promote the
                                                   There are approximately 60 producers                 authorized reserve.                                   use of the internet and other
                                                of onions in the production area and                      Prior to arriving at this budget and                information technologies to provide
                                                approximately 20 handlers subject to                    assessment rate, the Committee                        increased opportunities for citizen
                                                regulation under the marketing order.                   considered information from various                   access to Government information and
                                                Small agricultural producers are defined                sources, such as the Committee’s Budget               services, and for other purposes.
                                                by the Small Business Administration                    and Personnel Committee. Alternative                     USDA has not identified any relevant
                                                (SBA) as those having annual receipts                   expenditure levels were discussed by                  Federal rules that duplicate, overlap, or
                                                less than $750,000, and small                           this group, based upon the relative                   conflict with this action.
                                                agricultural service firms are defined as               value of various activities to the South                 A proposed rule concerning this
                                                those whose annual receipts are less                    Texas onion industry. The Committee                   action was published in the Federal
                                                than $7,000,000 (13 CFR 121.201).                       ultimately determined that 2015–16                    Register on September 18, 2015 (80 FR
                                                   According to Committee data and                      expenditures of $149,807 were                         56399). Copies of the proposed rule
                                                information from the National                           appropriate, and the recommended                      were also mailed or sent via facsimile to
                                                Agricultural Statistical Service (NASS),                assessment rate, along with interest                  all onion handlers. Finally, the proposal
                                                the average price for South Texas onions                income, would generate sufficient                     was made available through the Internet
                                                during the 2013–2014 season was                         revenue to meet its expenses.                         by USDA and the Office of the Federal
                                                around $12.00 per 50-pound equivalent                     A review of historical information and              Register. A 30-day comment period
                                                and total shipments were approximately                  preliminary information pertaining to                 ending October 19, 2015, was provided
                                                4.4 million 50-pound equivalents. Based                 the upcoming season indicates that the                for interested persons to respond to the
                                                on this information and data on acreage                 grower price for the 2015–16 season                   proposal. No comments were received.
                                                and yield, the majority of South Texas                  should average around $9.55 per 50-                      A small business guide on complying
                                                onion producers would have annual                       pound equivalent of onions. Therefore,                with fruit, vegetable, and specialty crop
                                                receipts of less than $750,000. In                      the estimated assessment revenue for                  marketing agreements and orders may
                                                addition, based on available                            the 2015–16 fiscal period as a                        be viewed at: http://www.ams.usda.gov/
                                                information, more than 50 percent of                    percentage of total grower revenue                    rules-regulations/moa/small-businesses.
                                                South Texas onion handlers could be                     could be approximately 0.52 percent for               Any questions about the compliance
                                                considered small businesses under                       the season.                                           guide should be sent to Jeffrey Smutny
                                                SBA’s definition. Thus, the majority of                   This action increases the assessment                at the previously mentioned address in
                                                South Texas onion producers and                         obligation imposed on handlers. While                 the FOR FURTHER INFORMATION CONTACT
                                                handlers may be classified as small                     assessments impose some additional                    section.
                                                entities.                                               costs on handlers, the costs are minimal                 After consideration of all relevant
                                                   This rule increases the assessment                   and uniform on all handlers. However,                 material presented, including the
                                                rate established for the Committee and                  these costs are offset by the benefits                information and recommendation
                                                collected from handlers for the 2015–16                 derived by the operation of the                       submitted by the Committee and other
                                                and subsequent fiscal periods from                      marketing order. In addition, the                     available information, it is hereby found
jstallworth on DSK7TPTVN1PROD with RULES




                                                $0.03 to $0.05 per 50-pound equivalent                  Committee’s meeting was widely                        that this rule, as hereinafter set forth,
                                                of Texas onions. The Committee                          publicized throughout the South Texas                 will tend to effectuate the declared
                                                unanimously recommended 2015–16                         onion industry and all interested                     policy of the Act.
                                                expenditures of $149,807 and an                         persons were invited to attend the                       Pursuant to 5 U.S.C. 553, it also found
                                                assessment rate of $0.05 per 50-pound                   meeting and participate in Committee                  and determined that good cause exists
                                                equivalent. The assessment rate of $0.05                deliberations on all issues. Like all                 for not postponing the effective date of
                                                is $0.02 higher than the 2012–13 rate.                  Committee meetings, the June 25, 2015,                this rule until 30 days after publication


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                                                73642        Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Rules and Regulations

                                                in the Federal Register because the crop                within the area of production.                          The Department of Agriculture
                                                year began on August 1, 2015, and the                   Assessments upon tomato handlers are                  (USDA) is issuing this rule in
                                                marketing order requires that the rate of               used by the Committee to fund                         conformance with Executive Orders
                                                assessment for each fiscal period apply                 reasonable and necessary expenses of                  12866, 13563, and 13175.
                                                to all assessable onions handled during                 the program. The fiscal period begins                   This rule has been reviewed under
                                                such period. Further, handlers are aware                August 1 and ends July 31. The                        Executive Order 12988, Civil Justice
                                                of this rule which was recommended at                   assessment rate will remain in effect                 Reform. Under the marketing order now
                                                a public meeting. Also, a 60-day                        indefinitely unless modified,                         in effect, Florida tomato handlers are
                                                comment period was provided for in the                  suspended, or terminated.                             subject to assessments. Funds to
                                                proposed rule.                                          DATES: Effective November 27, 2015.                   administer the order are derived from
                                                                                                        Comments received by January 25, 2016,                such assessments. It is intended that the
                                                List of Subjects in 7 CFR Part 959
                                                                                                        will be considered prior to issuance of               assessment rate as issued herein will be
                                                  Marketing agreements, Onions,                         a final rule.                                         applicable to all assessable Florida
                                                Reporting and recordkeeping                                                                                   tomatoes beginning August 1, 2015, and
                                                requirements.                                           ADDRESSES: Interested persons are
                                                                                                                                                              continue until amended, suspended, or
                                                                                                        invited to submit written comments
                                                  For the reasons set forth in the                                                                            terminated.
                                                                                                        concerning this rule. Comments must be
                                                preamble, 7 CFR part 959 is amended as                                                                          The Act provides that administrative
                                                                                                        sent to the Docket Clerk, Marketing
                                                follows:                                                                                                      proceedings must be exhausted before
                                                                                                        Order and Agreement Division,
                                                                                                                                                              parties may file suit in court. Under
                                                PART 959—ONIONS GROWN IN                                Specialty Crops Program, AMS, USDA,
                                                                                                                                                              section 608c(15)(A) of the Act, any
                                                SOUTH TEXAS                                             1400 Independence Avenue SW., STOP
                                                                                                                                                              handler subject to an order may file
                                                                                                        0237, Washington, DC 20250–0237; Fax:
                                                                                                                                                              with USDA a petition stating that the
                                                ■ 1. The authority citation for 7 CFR                   (202) 720–8938; or Internet: http://
                                                                                                                                                              order, any provision of the order, or any
                                                part 959 continues to read as follows:                  www.regulations.gov. Comments should
                                                                                                                                                              obligation imposed in connection with
                                                    Authority: 7 U.S.C. 601–674.
                                                                                                        reference the document number and the
                                                                                                                                                              the order is not in accordance with law
                                                                                                        date and page number of this issue of
                                                ■ 2. Section 959.237 is revised to read                                                                       and request a modification of the order
                                                                                                        the Federal Register and will be
                                                as follows:                                                                                                   or to be exempted therefrom. Such
                                                                                                        available for public inspection in the
                                                                                                                                                              handler is afforded the opportunity for
                                                                                                        Office of the Docket Clerk during regular
                                                § 959.237    Assessment rate.                                                                                 a hearing on the petition. After the
                                                                                                        business hours, or can be viewed at:
                                                  On and after August 1, 2015, an                                                                             hearing, USDA would rule on the
                                                                                                        http://www.regulations.gov. All
                                                assessment rate of $0.05 per 50-pound                                                                         petition. The Act provides that the
                                                                                                        comments submitted in response to this
                                                equivalent is established for South                                                                           district court of the United States in any
                                                                                                        rule will be included in the record and
                                                Texas onions.                                                                                                 district in which the handler is an
                                                                                                        will be made available to the public.
                                                                                                                                                              inhabitant, or has his or her principal
                                                  Dated: November 20, 2015.                             Please be advised that the identity of the
                                                                                                                                                              place of business, has jurisdiction to
                                                Rex A. Barnes,                                          individuals or entities submitting the
                                                                                                                                                              review USDA’s ruling on the petition,
                                                Associate Administrator, Agricultural                   comments will be made public on the
                                                                                                                                                              provided an action is filed not later than
                                                Marketing Service.                                      Internet at the address provided above.
                                                                                                                                                              20 days after the date of the entry of the
                                                [FR Doc. 2015–30020 Filed 11–24–15; 8:45 am]            FOR FURTHER INFORMATION CONTACT:                      ruling.
                                                BILLING CODE P                                          Steven Kauffman, Marketing Specialist                   This rule decreases the assessment
                                                                                                        or Christian D. Nissen, Regional                      rate established for the Committee for
                                                                                                        Director, Southeast Marketing Field                   the 2015–16 and subsequent fiscal
                                                DEPARTMENT OF AGRICULTURE                               Office, Marketing Order and Agreement                 periods from $0.0375 to $0.03 per 25-
                                                                                                        Division, Specialty Crops Program,                    pound carton of tomatoes.
                                                Agricultural Marketing Service                          AMS, USDA; Telephone: (863) 837–                        The Florida tomato marketing order
                                                                                                        3375, Fax: (863) 291–8614, or Email:                  provides authority for the Committee,
                                                7 CFR Part 966                                          Steven.Kauffman@ams.usda.gov or                       with the approval of USDA, to formulate
                                                [Doc. No. AMS–FV–15–0058; FV15–966–1                    Christian.Nissen@ams.usda.gov.                        an annual budget of expenses and
                                                IR]                                                        Small businesses may request                       collect assessments from handlers to
                                                                                                        information on complying with this                    administer the program. The members
                                                Tomatoes Grown in Florida; Decreased                    regulation by contacting Jeffery Smutny,              of the Committee are producers of
                                                Assessment Rate                                         Marketing Order and Agreement                         Florida tomatoes. They are familiar with
                                                AGENCY:  Agricultural Marketing Service,                Division, Specialty Crops Program,                    the Committee’s needs and with the
                                                USDA.                                                   AMS, USDA, 1400 Independence                          costs for goods and services in their
                                                                                                        Avenue SW., STOP 0237, Washington,                    local area and are thus in a position to
                                                ACTION: Interim rule with request for
                                                                                                        DC 20250–0237; Telephone: (202) 720–                  formulate an appropriate budget and
                                                comments.                                               2491, Fax: (202) 720–8938, or Email:                  assessment rate. The assessment rate is
                                                SUMMARY:  This rule implements a                        Jeffery.Smutny@ams.usda.gov.                          formulated and discussed in a public
                                                recommendation from the Florida                         SUPPLEMENTARY INFORMATION: This rule                  meeting. Thus, all directly affected
                                                Tomato Committee (Committee) for a                      is issued under Marketing Agreement                   persons have an opportunity to
                                                decrease in the assessment rate                         No. 125 and Order No. 966, both as                    participate and provide input.
jstallworth on DSK7TPTVN1PROD with RULES




                                                established for the 2015–16 and                         amended (7 CFR part 966), regulating                    For the 2013–14 and subsequent fiscal
                                                subsequent fiscal periods from $0.0375                  the handling of tomatoes grown in                     periods, the Committee recommended,
                                                to $0.03 per 25-pound carton of                         Florida, hereinafter referred to as the               and USDA approved, an assessment rate
                                                tomatoes handled under the marketing                    ‘‘order.’’ The order is effective under the           that would continue in effect from fiscal
                                                order (order). The Committee locally                    Agricultural Marketing Agreement Act                  period to fiscal period unless modified,
                                                administers the order and is comprised                  of 1937, as amended (7 U.S.C. 601–674),               suspended, or terminated by USDA
                                                of producers of tomatoes operating                      hereinafter referred to as the ‘‘Act.’’               upon recommendation and information


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Document Created: 2018-03-01 11:14:15
Document Modified: 2018-03-01 11:14:15
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
ActionFinal rule.
DatesEffective November 27, 2015.
ContactDoris Jamieson, 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 73640 
CFR AssociatedMarketing Agreements; Onions and Reporting and Recordkeeping Requirements

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