81 FR 15425 - Tomatoes Grown in Florida; Decreased Assessment Rate
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 81, Issue 56 (March 23, 2016)
Agricultural Marketing Service
Federal Register Volume 81, Issue 56 (March 23, 2016)
| Page Range | 15425-15426 | |
| FR Document | 2016-06459 |
[Federal Register Volume 81, Number 56 (Wednesday, March 23, 2016)] [Rules and Regulations] [Pages 15425-15426] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-06459] ======================================================================== 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. 56 / Wednesday, March 23, 2016 / Rules and Regulations [[Page 15425]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 966 [Doc. No. AMS-FV-15-0058; FV15-966-1 FIR] Tomatoes Grown in Florida; 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 Florida Tomato Committee (Committee) to decrease the assessment rate established for the Florida Tomato Committee (Committee) for the 2015-2016 and subsequent fiscal periods from $0.0375 to $0.03 per 25-pound carton of tomatoes handled under the marketing order (order). The Committee locally administers the order and is comprised of producers of tomatoes operating within the area of production. The interim rule was necessary to more closely align assessment income to the Committee's lower budget. DATES: Effective March 24, 2016. FOR FURTHER INFORMATION CONTACT: Steven Kauffman, 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 No. 125 and Order No. 966, both as amended (7 CFR part 966), regulating the handling of tomatoes grown in Florida, 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, Florida tomato 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 Florida tomatoes 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 25, 2015, and effective on November 27, 2015, (80 FR 73642, Doc. No. AMS-FV-15-0058; FV15-966-1 IR), Sec. 966.234 was amended by decreasing the assessment rate established for Florida tomatoes for the 2015-2016 and subsequent fiscal periods from $0.0375 to $0.03 per 25-pound carton. The decrease in the per 25-pound carton assessment rate more closely aligns assessment income to the Committee's 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 100 producers of tomatoes in the production area and approximately 80 handlers subject to regulation under the marketing order. Small agricultural producers are defined by the Small Business Administration (SBA) 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). Based on industry and Committee data, the average annual price for fresh Florida tomatoes during the 2014-15 season was approximately $10.58 per 25-pound container, and total fresh shipments for the 2014- 15 season were approximately 36.5 million cartons. Based on the average price, about 80 percent of handlers could be considered small businesses under SBA's definition. In addition, based on production data, grower prices as reported by the National Agricultural Statistics Service, and the total number of Florida tomato growers, the average annual grower revenue is below $750,000. Thus, the majority of handlers and producers of Florida tomatoes 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 $0.0375 to $0.03 per 25-pound carton of tomatoes. The Committee unanimously recommended 2015-16 expenditures of $1,513,177 and an assessment rate of $0.03 per 25-pound carton. The assessment rate of $0.03 is $0.0075 lower than the 2013-14 rate. The quantity of assessable tomatoes for the 2015-16 season is estimated at 33 million cartons. Thus, the $0.03 rate should provide $990,000 in assessment income. Income derived from handler assessments, along with funds from the Committee's authorized reserve, interest income, and funds from block grants, will be adequate to cover budgeted expenses. The decrease in the per 25-pound carton assessment rate more closely aligns assessment income to the Committee's lower budget. [[Page 15426]] 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 Florida tomato industry and all interested persons were invited to attend the meeting and participate in Committee deliberations on all issues. Like all Committee meetings, the August 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 action imposes no additional reporting or recordkeeping requirements on either small or large Florida tomato 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 25, 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-15-0058-0001. 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 73642, November 25, 2015) will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 966 Marketing agreements, Reporting and recordkeeping requirements, Tomatoes. PART 966--TOMATOES GROWN IN FLORIDA Accordingly, the interim rule amending 7 CFR part 966, which was published at 80 FR 73642, November 25, 2015, is adopted as a final rule, without change. Dated: March 17, 2016. Elanor Starmer, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2016-06459 Filed 3-22-16; 8:45 am] BILLING CODE 3410-02-P
![15425
Rules and Regulations Federal Register
Vol. 81, No. 56
Wednesday, March 23, 2016
This section of the FEDERAL REGISTER regulations/moa/small-businesses; or by Marketing orders issued pursuant to the
contains regulatory documents having general contacting Antoinette Carter, Marketing Act, and the rules issued thereunder, are
applicability and legal effect, most of which Order and Agreement Division, unique in that they are brought about
are keyed to and codified in the Code of Specialty Crops Program, AMS, USDA, through group action of essentially
Federal Regulations, which is published under 1400 Independence Avenue SW., STOP small entities acting on their own
50 titles pursuant to 44 U.S.C. 1510.
0237, Washington, DC 20250–0237; behalf.
The Code of Federal Regulations is sold by Telephone: (202) 720–2491, Fax: (202) There are approximately 100
the Superintendent of Documents. Prices of 720–8938, or Email: Antoinette.Carter@ producers of tomatoes in the production
new books are listed in the first FEDERAL ams.usda.gov. area and approximately 80 handlers
REGISTER issue of each week. SUPPLEMENTARY INFORMATION: This rule subject to regulation under the
is issued under Marketing Agreement marketing order. Small agricultural
No. 125 and Order No. 966, both as producers are defined by the Small
DEPARTMENT OF AGRICULTURE amended (7 CFR part 966), regulating Business Administration (SBA) as those
the handling of tomatoes grown in having annual receipts of less than
Agricultural Marketing Service $750,000, and small agricultural service
Florida, hereinafter referred to as the
‘‘order.’’ The order is effective under the firms are defined as those whose annual
7 CFR Part 966 receipts are less than $7,500,000 (13
Agricultural Marketing Agreement Act
[Doc. No. AMS–FV–15–0058; FV15–966–1 of 1937, as amended (7 U.S.C. 601–674), CFR 121.201).
FIR] hereinafter referred to as the ‘‘Act.’’ Based on industry and Committee
The Department of Agriculture data, the average annual price for fresh
Tomatoes Grown in Florida; Decreased Florida tomatoes during the 2014–15
(USDA) is issuing this rule in
Assessment Rate season was approximately $10.58 per
conformance with Executive Orders
AGENCY: Agricultural Marketing Service, 12866, 13563, and 13175. 25-pound container, and total fresh
USDA. Under the order, Florida tomato shipments for the 2014–15 season were
ACTION: Affirmation of interim rule as handlers are subject to assessments, approximately 36.5 million cartons.
final rule. which provide funds to administer the Based on the average price, about 80
order. Assessment rates issued under percent of handlers could be considered
SUMMARY: The Department of the order are intended to be applicable small businesses under SBA’s
Agriculture (USDA) is adopting, as a to all assessable Florida tomatoes for the definition. In addition, based on
final rule, without change, an interim entire fiscal period, and continue production data, grower prices as
rule that implemented a indefinitely until amended, suspended, reported by the National Agricultural
recommendation from the Florida or terminated. The Committee’s fiscal Statistics Service, and the total number
Tomato Committee (Committee) to period begins on August 1, and ends on of Florida tomato growers, the average
decrease the assessment rate established July 31. annual grower revenue is below
for the Florida Tomato Committee In an interim rule published in the $750,000. Thus, the majority of handlers
(Committee) for the 2015–2016 and Federal Register on November 25, 2015, and producers of Florida tomatoes may
subsequent fiscal periods from $0.0375 and effective on November 27, 2015, (80 be classified as small entities.
to $0.03 per 25-pound carton of FR 73642, Doc. No. AMS–FV–15–0058; This rule continues in effect the
tomatoes handled under the marketing FV15–966–1 IR), § 966.234 was action that decreased the assessment
order (order). The Committee locally amended by decreasing the assessment rate established for the Committee and
administers the order and is comprised rate established for Florida tomatoes for collected from handlers for the 2015–16
of producers of tomatoes operating the 2015–2016 and subsequent fiscal and subsequent fiscal periods from
within the area of production. The periods from $0.0375 to $0.03 per 25- $0.0375 to $0.03 per 25-pound carton of
interim rule was necessary to more pound carton. The decrease in the per tomatoes. The Committee unanimously
closely align assessment income to the 25-pound carton assessment rate more recommended 2015–16 expenditures of
Committee’s lower budget. closely aligns assessment income to the $1,513,177 and an assessment rate of
DATES: Effective March 24, 2016. Committee’s lower budget. $0.03 per 25-pound carton. The
FOR FURTHER INFORMATION CONTACT: assessment rate of $0.03 is $0.0075
Final Regulatory Flexibility Analysis lower than the 2013–14 rate. The
Steven Kauffman, Marketing Specialist
or Christian D. Nissen, Regional Pursuant to requirements set forth in quantity of assessable tomatoes for the
Director, Southeast Marketing Field the Regulatory Flexibility Act (RFA) (5 2015–16 season is estimated at 33
Office, Marketing Order and Agreement U.S.C. 601–612), the Agricultural million cartons. Thus, the $0.03 rate
Division, Specialty Crops Program, Marketing Service (AMS) has should provide $990,000 in assessment
AMS, USDA; Telephone: (863) 324– considered the economic impact of this income. Income derived from handler
3375, Fax: (863) 291–8614, or Email: rule on small entities. Accordingly, assessments, along with funds from the
jstallworth on DSK7TPTVN1PROD with RULES
Steven.Kauffman@ams.usda.gov or AMS has prepared this final regulatory Committee’s authorized reserve, interest
Christian.Nissen@ams.usda.gov. flexibility analysis. income, and funds from block grants,
Small businesses may obtain The purpose of the RFA is to fit will be adequate to cover budgeted
information on complying with this and regulatory actions to the scale of expenses. The decrease in the per 25-
other marketing order regulations by businesses subject to such actions in pound carton assessment rate more
viewing a guide at the following Web order that small businesses will not be closely aligns assessment income to the
site: http://www.ams.usda.gov/rules- unduly or disproportionately burdened. Committee’s lower budget.
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![15426 Federal Register / Vol. 81, No. 56 / Wednesday, March 23, 2016 / Rules and Regulations
This rule continues in effect the List of Subjects in 7 CFR Part 966 correction addresses the placement of
action that decreased the assessment Marketing agreements, Reporting and those provisions under 10 CFR 429.134
obligation imposed on handlers. recordkeeping requirements, Tomatoes. at paragraph (h). At the time of
Assessments are applied uniformly on publication of the January 2015 final
all handlers, and some of the costs may PART 966—TOMATOES GROWN IN rule, 10 CFR 429.134(h) already existed.
be passed on to producers. However, FLORIDA In order to remedy this error, DOE is
decreasing the assessment rate reduces issuing this final rule correction to move
the burden on handlers, and may reduce Accordingly, the interim rule these provisions, verbatim, to 10 CFR
the burden on producers. amending 7 CFR part 966, which was 429.134(i).
In addition, the Committee’s meeting published at 80 FR 73642, November 25,
2015, is adopted as a final rule, without Correction
was widely publicized throughout the
Florida tomato industry and all change. In final rule FR Doc. 2016–00039,
interested persons were invited to Dated: March 17, 2016. published in the issue of Monday,
attend the meeting and participate in January 25, 2016 (81 FR 4085), on page
Elanor Starmer,
Committee deliberations on all issues. 4145, in the second and third columns,
Acting Administrator, Agricultural Marketing amendatory instruction 10 is corrected
Like all Committee meetings, the August Service.
25, 2015, meeting was a public meeting to read as follows:
[FR Doc. 2016–06459 Filed 3–22–16; 8:45 am]
and all entities, both large and small, ■ 10. Section 429.134 is amended by
BILLING CODE 3410–02–P
were able to express views on this issue. adding paragraph (i) to read as follows:
In accordance with the Paperwork § 429.134 Product-specific enforcement
Reduction Act of 1995 (44 U.S.C. provisions.
DEPARTMENT OF ENERGY
Chapter 35), the order’s information * * * * *
collection requirements have been 10 CFR Parts 429 and 431 (i) Pumps. (1) The volume rate of flow
previously approved by the Office of (flow rate) at BEP and nominal speed of
Management and Budget (OMB) and [Docket No. EERE–2013–BT–TP–0055]
rotation of each tested unit of the basic
assigned OMB No. 0581–0178 RIN 1905–AD50 model will be measured pursuant to the
‘‘Vegetable and Specialty Crops.’’ No test requirements of § 431.464 of this
changes in those requirements as a Energy Conservation Program: Test chapter, where the value of volume rate
result of this action are necessary. Procedure for Pumps; Correction of flow (flow rate) at BEP and nominal
Should any changes become necessary, speed of rotation certified by the
they would be submitted to OMB for AGENCY: Office of Energy Efficiency and
Renewable Energy, Department of manufacturer will be treated as the
approval. expected BEP flow rate. The results of
This action imposes no additional Energy.
the measurement(s) will be compared to
reporting or recordkeeping requirements ACTION: Final rule; correction.
the value of volume rate of flow (flow
on either small or large Florida tomato rate) at BEP and nominal speed of
SUMMARY: On January 25, 2016, the U.S.
handlers. As with all Federal marketing rotation certified by the manufacturer.
Department of Energy (DOE) published
order programs, reports and forms are The certified volume rate of flow (flow
a final rule amending the test
periodically reviewed to reduce rate) at BEP and nominal speed of
procedures for pumps. This correction
information requirements and rotation will be considered valid only if
addresses a technical error in that final
duplication by industry and public the measurement(s) (either the
rule.
sector agencies. measured volume rate of flow (flow rate)
USDA has not identified any relevant DATES: Effective: March 23, 2016.
at BEP and nominal speed of rotation for
Federal rules that duplicate, overlap or FOR FURTHER INFORMATION CONTACT: a single unit sample or the average of
conflict with this rule. Ms. Ashley Armstrong, U.S. the measured flow rates for a multiple
Comments on the interim rule were Department of Energy, Office of Energy unit sample) is within five percent of
required to be received on or before Efficiency and Renewable Energy, the certified volume rate of flow (flow
January 25, 2016. No comments were Building Technologies Office, EE–5B, rate) at BEP and nominal speed of
received. Therefore, for reasons given in 1000 Independence Avenue SW., rotation.
the interim rule, we are adopting the Washington, DC 20585–0121. (i) If the representative value of
interim rule as a final rule, without Telephone: (202) 586–6590. Email: volume rate of flow (flow rate) at BEP
change. pumps@ee.doe.gov. and nominal speed of rotation is found
To view the interim rule, go to: Ms. Jennifer Tiedeman, U.S. to be valid, the measured volume rate of
http://www.regulations.gov/ Department of Energy, Office of the flow (flow rate) at BEP and nominal
#!documentDetail;D=AMS-FV-15-0058- General Counsel, GC–33, 1000 speed of rotation will be used in
0001. Independence Avenue SW., subsequent calculations of constant load
This action also affirms information Washington, DC 20585–0121. pump energy rating (PERCL) and
contained in the interim rule concerning Telephone: (202) 287–6111. Email: constant load pump energy index
Executive Orders 12866, 12988, 13175, Jennifer.Tiedeman@hq.doe.gov. (PEICL) or variable load pump energy
and 13563; the Paperwork Reduction SUPPLEMENTARY INFORMATION: The U.S. rating (PERVL) and variable load pump
Act (44 U.S.C. Chapter 35); and the E- Department of Energy (DOE) published energy index (PEIVL) for that basic
Gov Act (44 U.S.C. 101). a final rule in the Federal Register on model.
jstallworth on DSK7TPTVN1PROD with RULES
After consideration of all relevant January 25, 2016 (‘‘the January 2016 (ii) If the representative value of
material presented, it is found that final rule’’) amending the test procedure volume rate of flow (flow rate) at BEP
finalizing the interim rule, without for pumps. (81 FR 4085.) As part of that and nominal speed of rotation is found
change, as published in the Federal final rule, DOE amended 10 CFR to be invalid, the mean of all the
Register (80 FR 73642, November 25, 429.134 to add a paragraph (h), which measured volume rate of flow (flow rate)
2015) will tend to effectuate the addresses product-specific enforcement at BEP and nominal speed of rotation
declared policy of the Act. provisions related to pumps. This values determined from the tested
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Document Created: 2016-03-23 00:03:35
Document Modified: 2016-03-23 00:03:35
| 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 24, 2016. | |
| Contact | Steven Kauffman, 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 15425 | |
| CFR Associated | Marketing Agreements; Reporting and Recordkeeping Requirements and Tomatoes |
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