81 FR 13967 - Oranges and Grapefruit Grown in Lower Rio Grande Valley in Texas; Decreased Assessment Rate
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 81, Issue 51 (March 16, 2016)
Agricultural Marketing Service
Federal Register Volume 81, Issue 51 (March 16, 2016)
| Page Range | 13967-13968 | |
| FR Document | 2016-05841 |
[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)] [Rules and Regulations] [Pages 13967-13968] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-05841] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Rules and Regulations [[Page 13967]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 906 [Doc. No. AMS-FV-15-0035; FV15-906-1 FIR] Oranges and Grapefruit Grown in Lower Rio Grande Valley in Texas; 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 Texas Valley Citrus Committee (Committee) to decrease 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. The interim rule decreased the assessment rate to more closely align assessment income to the lower budgeted expenses. DATES: Effective March 17, 2016. 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 obtain information on complying with this and other marketing order regulations by viewing a guide at the following Web site: http://www.ams.usda.gov/rules-regulations/moa/small-businesses; or by contacting Antoinette Carter, 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. Under the order, orange and grapefruit 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 oranges and grapefruit for the entire fiscal period, and continue indefinitely until amended, suspended, or terminated. The Committee's fiscal period begins on August 1, and ends on July 31. In an interim rule published in the Federal Register on November 16, 2015, and effective on November 17, 2015, (80 FR 70669, Doc. No. AMS-FV-15-0035; FV15-906-1 IR), Sec. 906.235 was amended by decreasing the assessment rate established for Texas citrus for the 2015-2016 and subsequent fiscal periods from $0.11 to $0.08 per 7/10-bushel carton or equivalent handled. The decrease in the assessment rate more closely aligns assessment income to the lower budget. 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 170 producers of oranges and grapefruit in the production area and 13 handlers subject to regulation under the marketing order. The Small Business Administration defines small agricultural producers as those having annual receipts of less than $750,000, and small agricultural service firms are defined as those whose annual receipts are less than $7,500,000 (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 $7,500,000 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 continues in effect the action that decreased 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 previous 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. [[Page 13968]] The Committee considered its expenses and recommended decreasing the assessment rate to more closely align assessment income to the lower budget. This rule continues in effect the action that decreased the assessment obligation imposed on handlers. Assessments are applied uniformly on all handlers and decreasing the assessment rate reduces the burden on handlers. In addition, 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 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. 0581-0189 ``Generic Fruit 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 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. 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 January 15, 2016. No comments were received. Therefore, for 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-15-0035-0001. 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, without change, as published in the Federal Register (80 FR 70669, November 16, 2015) will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 906 Grapefruit, Marketing agreements, Oranges, Reporting and recordkeeping requirements. PART 906--ORANGES AND GRAPEFRUIT GROWN IN LOWER RIO GRANDE VALLEY IN TEXAS 0 Accordingly, the interim rule amending 7 CFR part 906, which was published at 80 FR 70669 on November 16, 2015, is adopted as a final rule, without change. Dated: March 10, 2016. Elanor Starmer, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2016-05841 Filed 3-15-16; 8:45 am] BILLING CODE 3410-02-P
![13967
Rules and Regulations Federal Register
Vol. 81, No. 51
Wednesday, March 16, 2016
This section of the FEDERAL REGISTER site: http://www.ams.usda.gov/rules- order that small businesses will not be
contains regulatory documents having general regulations/moa/small-businesses; or by unduly or disproportionately burdened.
applicability and legal effect, most of which contacting Antoinette Carter, Marketing Marketing orders issued pursuant to the
are keyed to and codified in the Code of Order and Agreement Division, Act, and the rules issued thereunder, are
Federal Regulations, which is published under Specialty Crops Program, AMS, USDA, unique in that they are brought about
50 titles pursuant to 44 U.S.C. 1510.
1400 Independence Avenue SW., STOP through group action of essentially
The Code of Federal Regulations is sold by 0237, Washington, DC 20250–0237; small entities acting on their own
the Superintendent of Documents. Prices of Telephone: (202) 720–2491, Fax: (202) behalf.
new books are listed in the first FEDERAL 720–8938, or Email: Antoinette.Carter@ There are approximately 170
REGISTER issue of each week. ams.usda.gov. producers of oranges and grapefruit in
SUPPLEMENTARY INFORMATION: This rule the production area and 13 handlers
is issued under Marketing Agreement subject to regulation under the
DEPARTMENT OF AGRICULTURE and Order No. 906, as amended (7 CFR marketing order. The Small Business
part 906), regulating the handling of Administration defines small
Agricultural Marketing Service agricultural producers as those having
oranges and grapefruit grown in the
Lower Rio Grande Valley in Texas, annual receipts of less than $750,000,
7 CFR Part 906 and small agricultural service firms are
hereinafter referred to as the ‘‘order.’’
[Doc. No. AMS–FV–15–0035; FV15–906–1 The order is effective under the defined as those whose annual receipts
FIR] Agricultural Marketing Agreement Act are less than $7,500,000 (13 CFR
of 1937, as amended (7 U.S.C. 601–674), 121.201).
Oranges and Grapefruit Grown in According to Committee data and
hereinafter referred to as the ‘‘Act.’’
Lower Rio Grande Valley in Texas; information from the National
The Department of Agriculture
Decreased Assessment Rate Agricultural Statistics Service, the
(USDA) is issuing this rule in
AGENCY: Agricultural Marketing Service, conformance with Executive Orders weighted average grower price for Texas
USDA. 12866, 13563, and 13175. citrus during the 2013–14 season was
ACTION: Affirmation of interim rule as Under the order, orange and around $13.89 per box and total
final rule. grapefruit handlers are subject to shipments were near 7.4 million boxes.
assessments, which provide funds to Using the weighted average price and
SUMMARY: The Department of administer the order. Assessment rates shipment information, and assuming a
Agriculture (USDA) is adopting, as a issued under the order are intended to normal distribution, the majority of
final rule, without change, an interim be applicable to all assessable oranges growers would have annual receipts of
rule that implemented a and grapefruit for the entire fiscal less than $750,000. In addition, based
recommendation from the Texas Valley period, and continue indefinitely until on available information, the majority of
Citrus Committee (Committee) to amended, suspended, or terminated. handlers have annual receipts of less
decrease the assessment rate established The Committee’s fiscal period begins on than $7,500,000 and could be
for the 2015–16 and subsequent fiscal August 1, and ends on July 31. considered small businesses under
periods from $0.11 to $0.08 per 7/10- In an interim rule published in the SBA’s definition. Thus, the majority of
bushel carton or equivalent of oranges Federal Register on November 16, 2015, Texas citrus producers and handlers
and grapefruit handled under the and effective on November 17, 2015, (80 may be classified as small entities.
marketing order (order). The Committee FR 70669, Doc. No. AMS–FV–15–0035; This rule continues in effect the
locally administers the order and is FV15–906–1 IR), § 906.235 was action that decreased the assessment
comprised of producers and handlers of amended by decreasing the assessment rate established for the Committee and
oranges and grapefruit operating within rate established for Texas citrus for the collected from handlers for the 2015–16
the area of production. The interim rule 2015–2016 and subsequent fiscal and subsequent fiscal periods from
decreased the assessment rate to more periods from $0.11 to $0.08 per 7/10- $0.11 to $0.08 per 7/10-bushel carton or
closely align assessment income to the bushel carton or equivalent handled. equivalent of Texas citrus. The
lower budgeted expenses. The decrease in the assessment rate Committee unanimously recommended
DATES: Effective March 17, 2016. more closely aligns assessment income 2015–16 expenditures of $701,148 and
FOR FURTHER INFORMATION CONTACT: to the lower budget. an assessment rate of $0.08 per 7/10-
Abigail Campos, Marketing Specialist, bushel carton or equivalent handled.
Final Regulatory Flexibility Analysis The assessment rate of $0.08 is $0.03
or Christian D. Nissen, Regional
Director, Southeast Marketing Field Pursuant to requirements set forth in lower than the previous rate. The
Office, Marketing Order and Agreement the Regulatory Flexibility Act (RFA) (5 quantity of assessable oranges and
Division, Specialty Crops Program, U.S.C. 601–612), the Agricultural grapefruit for the 2015–16 fiscal period
AMS, USDA; Telephone: (863) 324– Marketing Service (AMS) has is estimated at 8 million 7/10-bushel
mstockstill on DSK4VPTVN1PROD with RULES
3375, Fax: (863) 291–8614, or Email: considered the economic impact of this cartons or equivalent. Thus, the $0.08
Abigail.Campos@ams.usda.gov or rule on small entities. Accordingly, rate should provide $640,000 in
Christian.Nissen@ams.usda.gov. AMS has prepared this final regulatory assessment income. Income derived
Small businesses may obtain flexibility analysis. from handler assessments along with
information on complying with this and The purpose of the RFA is to fit interest income and funds from
other marketing order regulations by regulatory actions to the scale of Committee’s authorized reserve, will be
viewing a guide at the following Web businesses subject to such actions in adequate to cover budgeted expenses.
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![13968 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Rules and Regulations
The Committee considered its expenses List of Subjects in 7 CFR Part 906 the maintenance regulations for
and recommended decreasing the Grapefruit, Marketing agreements, domestic, flag, and supplemental
assessment rate to more closely align Oranges, Reporting and recordkeeping operations, and for commuter and on-
assessment income to the lower budget. requirements. demand operations for aircraft type
This rule continues in effect the certificated with a passenger seating
action that decreased the assessment PART 906—ORANGES AND configuration of 10 seats or more
obligation imposed on handlers. GRAPEFRUIT GROWN IN LOWER RIO (excluding any pilot seat). The new
Assessments are applied uniformly on GRANDE VALLEY IN TEXAS rules require affected air carriers and
all handlers and decreasing the operators to develop policies,
assessment rate reduces the burden on ■ Accordingly, the interim rule procedures, methods, and instructions
handlers. amending 7 CFR part 906, which was for performing contract maintenance
In addition, the Committee’s meeting published at 80 FR 70669 on November that are acceptable to the FAA, and
was widely publicized throughout the 16, 2015, is adopted as a final rule, include them in their maintenance
Texas citrus industry and all interested without change. manuals. This rule also requires the air
persons were invited to attend the Dated: March 10, 2016. carriers and operators to provide a list
meeting and participate in Committee Elanor Starmer, to the FAA of all persons with whom
deliberations on all issues. Like all Acting Administrator, Agricultural Marketing they contract their maintenance. These
Committee meetings, the June 24, 2015, Service. changes are needed because contract
meeting was a public meeting and all [FR Doc. 2016–05841 Filed 3–15–16; 8:45 am] maintenance has increased to over 70
entities, both large and small, were able
BILLING CODE 3410–02–P percent of all air carrier maintenance,
to express views on this issue.
and numerous investigations have
In accordance with the Paperwork
shown deficiencies in maintenance
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the order’s information DEPARTMENT OF TRANSPORTATION performed by contract maintenance
collection requirements have been providers.
Federal Aviation Administration
previously approved by the Office of This final rule will result in new
Management and Budget (OMB) and 14 CFR Part 11 information collection requirements. As
assigned OMB No. 0581–0189 ‘‘Generic required by the Paperwork Reduction
Fruit Crops.’’ No changes in those [Docket No. FAA–2011–1136; Amdt. No. 11– Act of 1995 (44 U.S.C. 3507(d)), the
requirements as a result of this action 59] FAA submitted these information
are necessary. Should any changes RIN 2120–AJ33 collection amendments to OMB for its
become necessary, they would be review.
submitted to OMB for approval. Air Carrier Contract Maintenance
On February 25, 2016, OMB approved
This action imposes no additional Requirements
the information collection request. The
reporting or recordkeeping requirements
AGENCY: Federal Aviation OMB control number is 2120–0766.
on either small or large Texas orange
Administration, DOT.
and grapefruit handlers. As with all Technical Amendment
Federal marketing order programs, ACTION: Final rule; technical
reports and forms are periodically amendment. The FAA lists OMB control numbers
reviewed to reduce information assigned to its information collection
SUMMARY: On March 4, 2015, the FAA activities in 14 CFR 11.201(b).
requirements and duplication by published a final rule entitled ‘‘Air
industry and public sector agencies. Accordingly, this technical amendment
Carrier Contract Maintenance updates 14 CFR 11.201(b) to display
USDA has not identified any relevant Requirements’’ which will result in new
Federal rules that duplicate, overlap, or OMB control number 2120–0766
information collection requirements. associated with the information
conflict with this rule. This technical amendment updates the
Comments on the interim rule were collection activities in the final rule, Air
FAA’s list of OMB control numbers to
required to be received on or before Carrier Contract Maintenance
display the control number associated
January 15, 2016. No comments were Requirements. See 80 FR 11537.
with the approved information
received. Therefore, for reasons given in collection activities in the ‘‘Air Carrier Because this amendment is technical
the interim rule, we are adopting the Contract Maintenance Requirements’’ in nature and results in no substantive
interim rule as a final rule, without final rule. change, the FAA finds that the notice
change. and public procedures under 5 U.S.C.
DATES: Effective March 16, 2016.
To view the interim rule, go to: 553(b) are unnecessary. For the same
http://www.regulations.gov/#!document FOR FURTHER INFORMATION CONTACT: For
reason, the FAA finds good cause exists
Detail;D=AMS-FV-15-0035-0001. technical questions concerning this
under 5 U.S.C. 553(d)(3) to make the
This action also affirms information action, contact Wende T. DiMuro, AFS–
330, Federal Aviation Administration, amendment effective in less than 30
contained in the interim rule concerning days.
Executive Orders 12866, 12988, 13175, 800 Independence Avenue SW.,
and 13563; the Paperwork Reduction Washington, DC 20591; telephone (202) List of Subjects in 14 CFR Part 11
Act (44 U.S.C. Chapter 35); and the E- 267–1685; email wende.t.dimuro@
Gov Act (44 U.S.C. 101). faa.gov. Administrative practice and
mstockstill on DSK4VPTVN1PROD with RULES
After consideration of all relevant procedure, Reporting and recordkeeping
SUPPLEMENTARY INFORMATION:
material presented, it is found that requirements.
finalizing the interim rule, without Background
The Amendment
change, as published in the Federal On March 4, 2015, the FAA published
Register (80 FR 70669, November 16, a final rule entitled ‘‘Air Carrier In consideration of the foregoing the
2015) will tend to effectuate the Contract Maintenance Requirements’’ Federal Aviation Administration
declared policy of the Act. (80 FR 11537). This final rule amends amends 14 CFR Chapter I as follows:
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Document Created: 2016-03-15 23:44:17
Document Modified: 2016-03-15 23:44:17
| 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 March 17, 2016. | |
| 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] | |
| FR Citation | 81 FR 13967 | |
| CFR Associated | Grapefruit; Marketing Agreements; Oranges and Reporting and Recordkeeping Requirements |
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