80 FR 75787 - Onions Grown in Certain Designated Counties in Idaho, and Malheur County, Oregon; Decreased Assessment Rate
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 80, Issue 233 (December 4, 2015)
Agricultural Marketing Service
Federal Register Volume 80, Issue 233 (December 4, 2015)
| Page Range | 75787-75788 | |
| FR Document | 2015-30671 |
[Federal Register Volume 80, Number 233 (Friday, December 4, 2015)] [Rules and Regulations] [Pages 75787-75788] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-30671] [[Page 75787]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 958 [Doc. No. AMS-FV-15-0027; FV15-958-1 FIR] Onions Grown in Certain Designated Counties in Idaho, and Malheur County, Oregon; Decreased Assessment Rate AGENCY: Agricultural Marketing Service, USDA. ACTION: Affirmation of interim rule as final rule. ----------------------------------------------------------------------- SUMMARY: The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim rule that implemented a recommendation from the Idaho-Eastern Oregon Onion Committee (Committee) to decrease the assessment rate established for the 2015-2016 and subsequent fiscal periods from $0.10 to $0.05 per hundredweight of onions handled under the Idaho-Eastern Oregon onion marketing order (order). The Committee locally administers the order and is comprised of producers and handlers of onions operating within the area of production. Assessments upon onion handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins July 1 and ends June 30. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. DATES: Effective December 7, 2015. FOR FURTHER INFORMATION CONTACT: Sue Coleman, Marketing Specialist, or Gary D. Olson, Regional Director, Northwest Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (503) 326-2724, Fax: (503) 326-7440, or Email: [email protected] or [email protected]. Small businesses may obtain information on complying with this and other marketing order and agreement regulations by viewing a guide at the following Web site: http://www.ams.usda.gov/rules-regulations/moa/small-businesses; or 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 No. 130 and Order No. 958, both as amended (7 CFR part 958), regulating the handling of onions grown in designated counties in Idaho, and Malheur County, Oregon, hereinafter referred to as the ``order.'' The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.'' The Department of Agriculture (USDA) is issuing this rule in conformance with Executive Orders 12866, 13563, and 13175. Under the order, Idaho-Eastern Oregon onion handlers are subject to assessments, which provide funds to administer the order. Assessment rates issued under the order are intended to be applicable to all assessable onions for the entire crop year, and continue indefinitely until amended, suspended, or terminated. The Committee's fiscal period begins on July 1, and ends on June 30. In an interim rule published in the Federal Register on August 19, 2015, and effective on August 20, 2015 (80 FR 50193, Doc. No. AMS-FV- 15-0027, FV15-958-1 IR) Sec. 958.240 was amended by decreasing the assessment rate established for Idaho-Eastern Oregon onions for the 2015-2016 and subsequent fiscal periods from $0.10 to $0.05 per hundredweight of onions. The decrease in the assessment rate takes into account budget reductions in the Committee's promotion program while still providing adequate funding to meet program expenses. 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 250 producers of onions in the production area and approximately 31 handlers subject to regulation under the marketing order. Small agricultural producers are defined by the Small Business Administration as those having annual receipts less than $750,000, and small agricultural service firms are defined as those whose annual receipts are less than $7,000,000 (13 CFR 121.201). According to the National Agricultural Statistics Service, as reported in the Vegetables 2014 Summary, the total freight on board (f.o.b.) value of onions in the regulated production area for 2014 was $100,951,000. Based on an industry estimate of 31 handlers, the average value of onions handled per handler is $3,256,484, well below the SBA threshold for defining small agricultural service firms. In addition, based on an industry estimate of 250 producers, the average f.o.b. value of onions produced in the production area is $403,804 per producer. Therefore, it can be concluded that the majority of handlers and producers of Idaho-Eastern Oregon onions may be classified as small entities. This rule continues the action that decreased the assessment rate established for the Committee and collected from handlers for the 2015- 2016 and subsequent fiscal periods from $0.10 to $0.05 per hundredweight of onions handled. The Committee recommended 2015-2016 expenditures of $705,473 and an assessment rate of $0.05 per hundredweight. The assessment rate of $0.05 is $0.05 lower than the 2014-2015 rate. The quantity of assessable onions for the 2015-2016 fiscal period is estimated at 8,800,000 hundredweight. Thus, the $0.05 rate should provide $440,000 in assessment income. Assessment income, along with interest and other income, contributions and grants, and funds from the Committee's authorized reserve, $217,223, should be adequate to cover budgeted expenses of $705,473. This rule continues in effect the action that decreased the assessment obligation imposed on handlers. Assessments are applied uniformly on all handlers, and some of the costs may be passed on to producers. However, decreasing the assessment rate reduces the burden on handlers, and may reduce the burden on producers. In addition, the Committee's meeting was widely publicized throughout the Idaho-Eastern Oregon onion industry and all interested persons were invited to attend the meeting and participate in Committee deliberations on all issues. Like all Committee meetings, the April 21, 2015, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. [[Page 75788]] 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 action imposes no additional reporting or recordkeeping requirements on either small or large Idaho-Eastern Oregon onion handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. Comments on the interim rule were required to be received on or before October 19, 2015. No comments were received. Therefore, for the reasons given in the interim rule, we are adopting the interim rule as a final rule, without change. To view the interim rule, go to: http://www.regulations.gov/#!documentDetail;D=AMS-FV-15-0027-0001. This action also affirms information contained in the interim rule concerning Executive Orders 12866, 12988, 13175, and 13563; the Paperwork Reduction Act (44 U.S.C. Chapter 35); and the E-Gov Act (44 U.S.C. 101). After consideration of all relevant material presented, it is found that finalizing the interim rule, as published in the Federal Register (80 FR 50193, August 19, 2015) will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 958 Marketing agreements, Onions, Reporting and recordkeeping requirements. 0 Accordingly, the interim rule amending 7 CFR part 958, which was published at 80 FR 50193 on August 19, 2015, is adopted as final without change. Dated: December 1, 2015. Rex A. Barnes, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2015-30671 Filed 12-3-15; 8:45 am] BILLING CODE P
![Federal Register / Vol. 80, No. 233 / Friday, December 4, 2015 / Rules and Regulations 75787
DEPARTMENT OF AGRICULTURE No. 130 and Order No. 958, both as $750,000, and small agricultural service
amended (7 CFR part 958), regulating firms are defined as those whose annual
Agricultural Marketing Service the handling of onions grown in receipts are less than $7,000,000 (13
designated counties in Idaho, and CFR 121.201).
7 CFR Part 958 Malheur County, Oregon, hereinafter According to the National
[Doc. No. AMS–FV–15–0027; FV15–958–1 referred to as the ‘‘order.’’ The order is Agricultural Statistics Service, as
FIR] effective under the Agricultural reported in the Vegetables 2014
Marketing Agreement Act of 1937, as Summary, the total freight on board
Onions Grown in Certain Designated amended (7 U.S.C. 601–674), hereinafter (f.o.b.) value of onions in the regulated
Counties in Idaho, and Malheur referred to as the ‘‘Act.’’ production area for 2014 was
County, Oregon; Decreased The Department of Agriculture $100,951,000. Based on an industry
Assessment Rate (USDA) is issuing this rule in estimate of 31 handlers, the average
conformance with Executive Orders value of onions handled per handler is
AGENCY: Agricultural Marketing Service, 12866, 13563, and 13175. $3,256,484, well below the SBA
USDA. Under the order, Idaho-Eastern threshold for defining small agricultural
ACTION: Affirmation of interim rule as Oregon onion handlers are subject to service firms. In addition, based on an
final rule. assessments, which provide funds to industry estimate of 250 producers, the
administer the order. Assessment rates average f.o.b. value of onions produced
SUMMARY: The Department of
issued under the order are intended to in the production area is $403,804 per
Agriculture (USDA) is adopting, as a
be applicable to all assessable onions for producer. Therefore, it can be
final rule, without change, an interim
the entire crop year, and continue concluded that the majority of handlers
rule that implemented a
indefinitely until amended, suspended, and producers of Idaho-Eastern Oregon
recommendation from the Idaho-Eastern
or terminated. The Committee’s fiscal onions may be classified as small
Oregon Onion Committee (Committee)
period begins on July 1, and ends on entities.
to decrease the assessment rate
June 30. This rule continues the action that
established for the 2015–2016 and In an interim rule published in the decreased the assessment rate
subsequent fiscal periods from $0.10 to
Federal Register on August 19, 2015, established for the Committee and
$0.05 per hundredweight of onions
and effective on August 20, 2015 (80 FR collected from handlers for the 2015–
handled under the Idaho-Eastern
50193, Doc. No. AMS–FV–15–0027, 2016 and subsequent fiscal periods from
Oregon onion marketing order (order).
FV15–958–1 IR) § 958.240 was amended $0.10 to $0.05 per hundredweight of
The Committee locally administers the
by decreasing the assessment rate onions handled. The Committee
order and is comprised of producers and
established for Idaho-Eastern Oregon recommended 2015–2016 expenditures
handlers of onions operating within the
onions for the 2015–2016 and of $705,473 and an assessment rate of
area of production. Assessments upon
subsequent fiscal periods from $0.10 to $0.05 per hundredweight. The
onion handlers are used by the
$0.05 per hundredweight of onions. The assessment rate of $0.05 is $0.05 lower
Committee to fund reasonable and
necessary expenses of the program. The decrease in the assessment rate takes than the 2014–2015 rate. The quantity of
fiscal period begins July 1 and ends June into account budget reductions in the assessable onions for the 2015–2016
30. The assessment rate will remain in Committee’s promotion program while fiscal period is estimated at 8,800,000
effect indefinitely unless modified, still providing adequate funding to meet hundredweight. Thus, the $0.05 rate
suspended, or terminated. program expenses. should provide $440,000 in assessment
income. Assessment income, along with
DATES: Effective December 7, 2015. Final Regulatory Flexibility Analysis
interest and other income, contributions
FOR FURTHER INFORMATION CONTACT: Sue Pursuant to requirements set forth in and grants, and funds from the
Coleman, Marketing Specialist, or Gary the Regulatory Flexibility Act (RFA) (5 Committee’s authorized reserve,
D. Olson, Regional Director, Northwest U.S.C. 601–612), the Agricultural $217,223, should be adequate to cover
Marketing Field Office, Marketing Order Marketing Service (AMS) has budgeted expenses of $705,473.
and Agreement Division, Specialty considered the economic impact of this This rule continues in effect the
Crops Program, AMS, USDA; rule on small entities. Accordingly, action that decreased the assessment
Telephone: (503) 326–2724, Fax: (503) AMS has prepared this final regulatory obligation imposed on handlers.
326–7440, or Email: Sue.Coleman@ flexibility analysis. Assessments are applied uniformly on
ams.usda.gov or GaryD.Olson@ The purpose of the RFA is to fit all handlers, and some of the costs may
ams.usda.gov. regulatory actions to the scale of be passed on to producers. However,
Small businesses may obtain businesses subject to such actions in decreasing the assessment rate reduces
information on complying with this and order that small businesses will not be the burden on handlers, and may reduce
other marketing order and agreement unduly or disproportionately burdened. the burden on producers.
regulations by viewing a guide at the Marketing orders issued pursuant to the In addition, the Committee’s meeting
following Web site: http:// Act, and the rules issued thereunder, are was widely publicized throughout the
www.ams.usda.gov/rules-regulations/ unique in that they are brought about Idaho-Eastern Oregon onion industry
moa/small-businesses; or by contacting through group action of essentially and all interested persons were invited
Jeffrey Smutny, Marketing Order and small entities acting on their own to attend the meeting and participate in
Agreement Division, Specialty Crops behalf. Committee deliberations on all issues.
Program, AMS, USDA, 1400 There are approximately 250 Like all Committee meetings, the April
Independence Avenue SW., STOP 0237, producers of onions in the production
wgreen on DSK2VPTVN1PROD with RULES
21, 2015, meeting was a public meeting
Washington, DC 20250–0237; area and approximately 31 handlers and all entities, both large and small,
Telephone: (202) 720–2491, Fax: (202) subject to regulation under the were able to express views on this issue.
720–8938, or Email: Jeffrey.Smutny@ marketing order. Small agricultural
ams.usda.gov. producers are defined by the Small Paperwork Reduction Act
SUPPLEMENTARY INFORMATION: This rule Business Administration as those In accordance with the Paperwork
is issued under Marketing Agreement having annual receipts less than Reduction Act of 1995 (44 U.S.C.
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![75788 Federal Register / Vol. 80, No. 233 / Friday, December 4, 2015 / Rules and Regulations
Chapter 35), the order’s information DEPARTMENT OF TRANSPORTATION For service information identified in
collection requirements have been this AD, contact Gulfstream Aerospace
previously approved by the Office of Federal Aviation Administration Corporation, Technical Publications
Management and Budget (OMB) and Dept., P.O. Box 2206, Savannah, GA
assigned OMB No. 0581–0178, 14 CFR Part 39 31402–2206; telephone 800–810–4853;
Vegetable and Specialty Crops. No [Docket No. FAA–2015–6546; Directorate fax 912–965–3520; email pubs@
changes in those requirements as a Identifier 2015–NM–179–AD; Amendment gulfstream.com; Internet http://
result of this action are necessary. 39–18338; AD 2015–24–06] www.gulfstream.com/product_support/
Should any changes become necessary, technical_pubs/pubs/index.htm. You
RIN 2120–AA64
they would be submitted to OMB for may view this referenced service
approval. Airworthiness Directives; Gulfstream information at the FAA, Transport
Aerospace Corporation Airplanes Airplane Directorate, 1601 Lind Avenue
This action imposes no additional SW., Renton, WA. For information on
reporting or recordkeeping requirements AGENCY: Federal Aviation the availability of this material at the
on either small or large Idaho-Eastern Administration (FAA), DOT. FAA, call 425–227–1221. It is also
Oregon onion handlers. As with all ACTION: Final rule; request for available on the Internet at http://
Federal marketing order programs, comments. www.regulations.gov by searching for
reports and forms are periodically and locating Docket No. FAA–2015–
reviewed to reduce information SUMMARY: We are adopting a new 6546.
requirements and duplication by airworthiness directive (AD) for certain
Gulfstream Aerospace Corporation Examining the AD Docket
industry and public sector agencies.
Model GVI airplanes. This AD requires You may examine the AD docket on
USDA has not identified any relevant
repetitive breakaway torque checks and the Internet at http://
Federal rules that duplicate, overlap, or
torqueing of the brake inlet self-sealing www.regulations.gov by searching for
conflict with this rule. couplings. This AD also requires and locating Docket No. FAA–2015–
Comments on the interim rule were revising the airplane flight manual to 6546; or in person at the Docket
required to be received on or before include procedures to follow in the Management Facility between 9 a.m.
October 19, 2015. No comments were event of certain display indications. and 5 p.m., Monday through Friday,
received. Therefore, for the reasons This AD was prompted by reports of the except Federal holidays. The AD docket
given in the interim rule, we are self-sealing couplings on the brake inlet contains this AD, the regulatory
adopting the interim rule as a final rule, fitting that have been found backed out evaluation, any comments received, and
without change. of the fully seated position. We are other information. The street address for
To view the interim rule, go to: issuing this AD to detect and correct the Docket Office (phone: 800–647–
inadequate torque on the self-sealing 5527) is in the ADDRESSES section.
http://www.regulations.gov/
coupling. This condition could result in Comments will be available in the AD
#!documentDetail;D=AMS-FV-15-0027-
an unannounced total loss of braking docket shortly after receipt.
0001. capability on one or multiple brakes, FOR FURTHER INFORMATION CONTACT:
This action also affirms information which could result in a runway overrun Gideon Jose, Aerospace Engineer,
contained in the interim rule concerning or asymmetrical braking that can lead to Systems and Equipment Branch, ACE–
Executive Orders 12866, 12988, 13175, a lateral runway excursion. 119A, FAA, Atlanta Aircraft
and 13563; the Paperwork Reduction DATES: This AD is effective December 4, Certification Office (ACO), 1701
Act (44 U.S.C. Chapter 35); and the 2015. Columbia Avenue, College Park, GA
E-Gov Act (44 U.S.C. 101). The Director of the Federal Register 30337; phone: 404–474–5569; fax: 404–
After consideration of all relevant approved the incorporation by reference 474–5606; email: Gideon.Jose@faa.gov.
material presented, it is found that of certain publications listed in this AD SUPPLEMENTARY INFORMATION:
finalizing the interim rule, as published as of December 4, 2015.
We must receive comments on this Discussion
in the Federal Register (80 FR 50193,
August 19, 2015) will tend to effectuate AD by January 19, 2016. We have received reports of self-
the declared policy of the Act. ADDRESSES: You may send comments, sealing couplings on the brake inlet
using the procedures found in 14 CFR fitting that have been found backed out
List of Subjects in 7 CFR Part 958 11.43 and 11.45, by any of the following of the fully seated position. Due to the
methods: function of these couplings, this issue
Marketing agreements, Onions, • Federal eRulemaking Portal: Go to allows for the self-sealing mechanism to
Reporting and recordkeeping http://www.regulations.gov. Follow the activate and cut off hydraulic pressure
requirements. instructions for submitting comments. to the brake caliper, resulting in reduced
■ Accordingly, the interim rule • Fax: 202–493–2251. or no braking ability on the affected
amending 7 CFR part 958, which was • Mail: U.S. Department of wheel while the brake pressure
Transportation, Docket Operations, indications remain normal on the flight
published at 80 FR 50193 on August 19,
M–30, West Building Ground Floor, deck indicators. Multiple coupling
2015, is adopted as final without
Room W12–140, 1200 New Jersey failures may lead to loss of braking
change.
Avenue SE., Washington, DC 20590. capability on more than one wheel,
Dated: December 1, 2015. • Hand Delivery: U.S. Department of creating the potential for loss of aircraft
wgreen on DSK2VPTVN1PROD with RULES
Rex A. Barnes, Transportation, Docket Operations, braking effectiveness on one or multiple
Associate Administrator, Agricultural M–30, West Building Ground Floor, brakes. Since the flight deck brake
Marketing Service. Room W12–140, 1200 New Jersey pressure indications would appear
[FR Doc. 2015–30671 Filed 12–3–15; 8:45 am] Avenue SE., Washington, DC 20590, normal under these conditions, the crew
between 9 a.m. and 5 p.m., Monday will have no indications other than the
BILLING CODE P
through Friday, except Federal holidays. loss of braking control on one or
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Document Created: 2015-12-14 13:52:41
Document Modified: 2015-12-14 13:52:41
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Affirmation of interim rule as final rule. | |
| Dates | Effective December 7, 2015. | |
| Contact | Sue Coleman, Marketing Specialist, or Gary D. Olson, Regional Director, Northwest Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (503) 326-2724, Fax: (503) 326-7440, or Email: [email protected] or [email protected] | |
| FR Citation | 80 FR 75787 | |
| CFR Associated | Marketing Agreements; Onions and Reporting and Recordkeeping Requirements |
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