81_FR_54907 81 FR 54748 - Oranges and Grapefruit Grown in Lower Rio Grande Valley in Texas; Increased Assessment Rate

81 FR 54748 - Oranges and Grapefruit Grown in Lower Rio Grande Valley in Texas; Increased Assessment Rate

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 81, Issue 159 (August 17, 2016)

Page Range54748-54750
FR Document2016-19624

This proposed rule would implement a recommendation from the Texas Valley Citrus Committee (Committee) to increase the assessment rate established for the 2016-17 and subsequent fiscal periods from $0.08 to $0.09 per 7/10-bushel carton or equivalent of oranges and grapefruit handled under the marketing order (order). The Committee locally administers the order and is comprised of producers and handlers of oranges and grapefruit operating within the area of production. Assessments upon orange and grapefruit handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins August 1 and ends July 31. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.

Federal Register, Volume 81 Issue 159 (Wednesday, August 17, 2016)
[Federal Register Volume 81, Number 159 (Wednesday, August 17, 2016)]
[Proposed Rules]
[Pages 54748-54750]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19624]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / 
Proposed Rules

[[Page 54748]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 906

[Doc. No. AMS-SC-16-0059; SC16-906-2 PR]


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

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: This proposed rule would implement a recommendation from the 
Texas Valley Citrus Committee (Committee) to increase the assessment 
rate established for the 2016-17 and subsequent fiscal periods from 
$0.08 to $0.09 per 7/10-bushel carton or equivalent of oranges and 
grapefruit handled under the marketing order (order). The Committee 
locally administers the order and is comprised of producers and 
handlers of oranges and grapefruit operating within the area of 
production. Assessments upon orange and grapefruit handlers are used by 
the Committee to fund reasonable and necessary expenses of the program. 
The fiscal period begins August 1 and ends July 31. The assessment rate 
would remain in effect indefinitely unless modified, suspended, or 
terminated.

DATES: Comments must be received by September 16, 2016.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this proposed rule. Comments must be sent to the Docket 
Clerk, Marketing Order and Agreement Division, Specialty Crops Program, 
AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 
20250-0237; Fax: (202) 720-8938; or Internet: http://www.regulations.gov. Comments should reference the document number and 
the date and page number of this issue of the Federal Register and will 
be available for public inspection in the Office of the Docket Clerk 
during regular business hours, or can be viewed at: http://www.regulations.gov. All comments submitted in response to this 
proposed rule will be included in the record and will be made available 
to the public. Please be advised that the identity of the individuals 
or entities submitting the comments will be made public on the internet 
at the address provided above.

FOR FURTHER INFORMATION CONTACT: 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 Richard Lower, 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 proposed 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 proposed rule 
in conformance with Executive Orders 12866, 13563, and 13175.
    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. Under the marketing order now in effect, orange 
and grapefruit handlers are subject to assessments. Funds to administer 
the order are derived from such assessments. It is intended that the 
assessment rate as proposed herein would be applicable to all 
assessable oranges and grapefruit beginning on August 1, 2016, 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 proposed rule would increase the assessment rate established 
for the Committee for the 2016-17 and subsequent fiscal periods from 
$0.08 to $0.09 per 7/10-bushel carton or equivalent of oranges and 
grapefruit.
    The Texas orange and grapefruit marketing order provides authority 
for the Committee, with the approval of USDA, to formulate an annual 
budget of expenses and collect assessments from handlers to administer 
the program. The members of the Committee are producers and handlers of 
Texas oranges and grapefruit. They are familiar with the Committee's 
needs and with the costs for goods and services in their local area and 
are thus in a position to formulate an appropriate budget and 
assessment rate. The assessment rate is formulated and discussed in a 
public meeting. Thus, all directly affected persons have an opportunity 
to participate and provide input.
    For the 2015-16 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 2, 2016, and unanimously recommended 
2016-17 expenditures of $751,148 and an assessment rate of $0.09 per 7/
10-bushel carton or equivalent of oranges and grapefruit. In 
comparison, last year's budgeted expenditures were $701,148. The 
assessment rate of $0.09 is $0.01 higher than the rate currently in 
effect.

[[Page 54749]]

At the current assessment rate, assessment income would equal around 
$640,000, an amount insufficient to cover the Committee's anticipated 
expenditures, which include a $50,000 increase in funding for 
compliance. The Committee considered the proposed expenses and 
recommended increasing the assessment rate.
    The major expenditures recommended by the Committee for the 2016-17 
year include $600,248 for the Mexican fruit fly control program, 
$77,200 for management, and $50,000 for compliance. Budgeted expenses 
for these items in 2015-16 were $600,248, $77,200, and $0, 
respectively.
    The assessment rate recommended by the Committee was derived by 
dividing anticipated expenses by expected shipments of Texas oranges 
and grapefruit. Orange and grapefruit shipments for the 2016-17 year 
are estimated at 8 million 7/10-bushel cartons or equivalent, which 
should provide $720,000 in assessment income. Income derived from 
handler assessments, along with interest income and funds from the 
Committee's authorized reserve, would be adequate to cover budgeted 
expenses. Funds in the reserve (currently around $367,000) would be 
kept within the maximum permitted by the order (approximately one 
fiscal period's expenses as stated in Sec.  906.35).
    The proposed assessment rate would 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 would be in effect for an indefinite 
period, the Committee would 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 would evaluate Committee 
recommendations and other available information to determine whether 
modification of the assessment rate is needed. Further rulemaking would 
be undertaken as necessary. The Committee's 2016-17 budget and those 
for subsequent fiscal periods would be reviewed and, as appropriate, 
approved by USDA.

Initial Regulatory Flexibility Analysis

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS) 
has considered the economic impact of this proposed rule on small 
entities. Accordingly, AMS has prepared this initial regulatory 
flexibility analysis.
    The purpose of the RFA is to fit regulatory actions to the scale of 
businesses subject to such actions in order that small businesses will 
not be unduly or disproportionately burdened. Marketing orders issued 
pursuant to the Act, and the rules issued thereunder, are unique in 
that they are brought about through group action of essentially small 
entities acting on their own behalf.
    There are approximately 170 producers of oranges and grapefruit in 
the production area and 13 handlers subject to regulation under the 
marketing order. Small agricultural producers are defined by the Small 
Business Administration (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 $7,500,000 (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 2014-15 season was around $9.53 per box and 
total shipments were near 7.8 million boxes. Using the weighted average 
price and shipment information, and assuming a normal distribution of 
production, the majority of producers would have annual receipts of 
less than $750,000. In addition, based on Committee 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 proposal would increase the assessment rate established for 
the Committee and collected from handlers for the 2016-17 and 
subsequent fiscal periods from $0.08 to $0.09 per 7/10-bushel carton or 
equivalent of Texas oranges and grapefruit. The Committee unanimously 
recommended 2016-17 expenditures of $751,148 and an assessment rate of 
$0.09 per 7/10-bushel carton or equivalent handled. The proposed 
assessment rate of $0.09 is $0.01 higher than the 2015-16 rate. The 
quantity of assessable oranges and grapefruit for the 2016-17 season is 
estimated at 8 million 7/10-bushel cartons or equivalent. Thus, the 
$0.09 rate should provide $720,000 in assessment income. Income derived 
from handler assessments, along with interest income and funds from the 
Committee's authorized reserve, would be adequate to meet this year's 
expenses.
    The major expenditures recommended by the Committee for the 2016-17 
year include $600,248 for the Mexican fruit fly control program, 
$77,200 for management, and $50,000 for compliance. Budgeted expenses 
for these items in 2015-16 were $600,248, $77,200, and $0, 
respectively.
    At the current assessment rate, assessment income would only equal 
around $640,000, an amount insufficient to cover the Committee's 
anticipated expenditures, which include a $50,000 increase in funding 
for compliance. The Committee considered the proposed expenses and 
recommended increasing the assessment rate.
    Prior to arriving at this budget and assessment rate, the Committee 
considered information from various sources, such as the Committee's 
Budget and Personnel Committee, and Committee management. Alternative 
expenditure levels were discussed by these groups, based upon the 
relative value of various activities to the Texas citrus industry. 
Based on estimated shipments, the recommended assessment rate of $0.09 
should provide $720,000 in assessment income. The Committee determined 
that the assessment revenue, along with funds from interest income and 
funds from reserves, would be adequate to cover budgeted expenses for 
the 2016-17 fiscal period.
    A review of historical information and preliminary information 
pertaining to the upcoming crop year indicates that the average grower 
price for the 2016-17 season could be around $13.50 per 7/10-bushel 
carton or equivalent of oranges and grapefruit. Therefore, the 
estimated assessment revenue for the 2016-17 crop year as a percentage 
of total grower revenue would be around 0.6 percent.
    This action would increase 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 
would be offset by the benefits derived by the operation of the 
marketing order.
    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 2, 2016, meeting was a public meeting 
and all entities, both large and small, were able to express

[[Page 54750]]

views on this issue. Finally, interested persons are invited to submit 
comments on this proposed rule, including the regulatory and 
informational impacts of this action on small businesses.
    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), the order's information collection requirements have been 
previously approved by the Office of Management and Budget (OMB) and 
assigned OMB No. 0581-0189 Generic Fruit Crops. No changes in those 
requirements as a result of this action are necessary. Should any 
changes become necessary, they would be submitted to OMB for approval.
    This proposed rule would impose no additional reporting or 
recordkeeping requirements on either small or large Texas orange and 
grapefruit handlers. As with all Federal marketing order programs, 
reports and forms are periodically reviewed to reduce information 
requirements and duplication by industry and public sector agencies.
    AMS is committed to complying with the E-Government Act, to promote 
the use of the internet and other information technologies to provide 
increased opportunities for citizen access to Government information 
and services, and for other purposes.
    USDA has not identified any relevant Federal rules that duplicate, 
overlap, or conflict with this action.
    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 Richard Lower at the 
previously-mentioned address in the FOR FURTHER INFORMATION CONTACT 
section.
    A 30-day comment period is provided to allow interested persons to 
respond to this proposed rule. Thirty days is deemed appropriate 
because: (1) The 2016-17 fiscal period begins on August 1, 2016, and 
the marketing order requires that the rate of assessment for each 
fiscal period apply to all assessable Texas oranges and grapefruit 
handled during such fiscal period; (2) the Committee needs to have 
sufficient funds to pay its expenses which are incurred on a continuous 
basis; and (3) handlers are aware of this action which was unanimously 
recommended by the Committee at a public meeting and is similar to 
other assessment rate actions issued in past years.

List of Subjects in 7 CFR Part 906

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

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

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

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

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

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


Sec.  906.235  Assessment rate.

    On and after August 1, 2016, an assessment rate of $0.09 per 7/10-
bushel carton or equivalent is established for oranges and grapefruit 
grown in the Lower Rio Grande Valley in Texas.

    Dated: August 12, 2016.
Elanor Starmer,
Administrator, Agricultural Marketing Service.
[FR Doc. 2016-19624 Filed 8-16-16; 8:45 am]
 BILLING CODE 3410-02-P



                                                    54748

                                                    Proposed Rules                                                                                                Federal Register
                                                                                                                                                                  Vol. 81, No. 159

                                                                                                                                                                  Wednesday, August 17, 2016



                                                    This section of the FEDERAL REGISTER                    Clerk during regular business hours, or               handler subject to an order may file
                                                    contains notices to the public of the proposed          can be viewed at: http://                             with USDA a petition stating that the
                                                    issuance of rules and regulations. The                  www.regulations.gov. All comments                     order, any provision of the order, or any
                                                    purpose of these notices is to give interested          submitted in response to this proposed                obligation imposed in connection with
                                                    persons an opportunity to participate in the            rule will be included in the record and               the order is not in accordance with law
                                                    rule making prior to the adoption of the final
                                                    rules.
                                                                                                            will be made available to the public.                 and request a modification of the order
                                                                                                            Please be advised that the identity of the            or to be exempted therefrom. Such
                                                                                                            individuals or entities submitting the                handler is afforded the opportunity for
                                                    DEPARTMENT OF AGRICULTURE                               comments will be made public on the                   a hearing on the petition. After the
                                                                                                            internet at the address provided above.               hearing, USDA would rule on the
                                                    Agricultural Marketing Service                          FOR FURTHER INFORMATION CONTACT:                      petition. The Act provides that the
                                                                                                            Doris Jamieson, Marketing Specialist, or              district court of the United States in any
                                                    7 CFR Part 906                                          Christian D. Nissen, Regional Director,               district in which the handler is an
                                                    [Doc. No. AMS–SC–16–0059; SC16–906–2                    Southeast Marketing Field Office,                     inhabitant, or has his or her principal
                                                    PR]                                                     Marketing Order and Agreement                         place of business, has jurisdiction to
                                                                                                            Division, Specialty Crops Program,                    review USDA’s ruling on the petition,
                                                    Oranges and Grapefruit Grown in                         AMS, USDA; Telephone: (863) 324–                      provided an action is filed not later than
                                                    Lower Rio Grande Valley in Texas;                       3375, Fax: (863) 291–8614, or Email:                  20 days after the date of the entry of the
                                                    Increased Assessment Rate                               Doris.Jamieson@ams.usda.gov or                        ruling.
                                                                                                            Christian.Nissen@ams.usda.gov.                          This proposed rule would increase
                                                    AGENCY:  Agricultural Marketing Service,                   Small businesses may request                       the assessment rate established for the
                                                    USDA.                                                   information on complying with this                    Committee for the 2016–17 and
                                                    ACTION: Proposed rule.                                  regulation by contacting Richard Lower,               subsequent fiscal periods from $0.08 to
                                                                                                            Marketing Order and Agreement                         $0.09 per 7/10-bushel carton or
                                                    SUMMARY:   This proposed rule would                     Division, Specialty Crops Program,                    equivalent of oranges and grapefruit.
                                                    implement a recommendation from the                     AMS, USDA, 1400 Independence                            The Texas orange and grapefruit
                                                    Texas Valley Citrus Committee                           Avenue SW., STOP 0237, Washington,                    marketing order provides authority for
                                                    (Committee) to increase the assessment                  DC 20250–0237; Telephone: (202) 720–                  the Committee, with the approval of
                                                    rate established for the 2016–17 and                    2491, Fax: (202) 720–8938, or Email:                  USDA, to formulate an annual budget of
                                                    subsequent fiscal periods from $0.08 to                 Richard.Lower@ams.usda.gov.                           expenses and collect assessments from
                                                    $0.09 per 7/10-bushel carton or                                                                               handlers to administer the program. The
                                                                                                            SUPPLEMENTARY INFORMATION: This
                                                    equivalent of oranges and grapefruit                                                                          members of the Committee are
                                                    handled under the marketing order                       proposed rule is issued under Marketing
                                                                                                            Agreement and Order No. 906, as                       producers and handlers of Texas
                                                    (order). The Committee locally                                                                                oranges and grapefruit. They are
                                                    administers the order and is comprised                  amended (7 CFR part 906), regulating
                                                                                                            the handling of oranges and grapefruit                familiar with the Committee’s needs and
                                                    of producers and handlers of oranges                                                                          with the costs for goods and services in
                                                    and grapefruit operating within the area                grown in the Lower Rio Grande Valley
                                                                                                            in Texas, hereinafter referred to as the              their local area and are thus in a
                                                    of production. Assessments upon orange                                                                        position to formulate an appropriate
                                                    and grapefruit handlers are used by the                 ‘‘order.’’ The order is effective under the
                                                                                                            Agricultural Marketing Agreement Act                  budget and assessment rate. The
                                                    Committee to fund reasonable and                                                                              assessment rate is formulated and
                                                    necessary expenses of the program. The                  of 1937, as amended (7 U.S.C. 601–674),
                                                                                                            hereinafter referred to as the ‘‘Act.’’               discussed in a public meeting. Thus, all
                                                    fiscal period begins August 1 and ends                                                                        directly affected persons have an
                                                                                                               The Department of Agriculture
                                                    July 31. The assessment rate would                                                                            opportunity to participate and provide
                                                                                                            (USDA) is issuing this proposed rule in
                                                    remain in effect indefinitely unless                                                                          input.
                                                                                                            conformance with Executive Orders
                                                    modified, suspended, or terminated.                                                                             For the 2015–16 and subsequent fiscal
                                                                                                            12866, 13563, and 13175.
                                                    DATES: Comments must be received by                        This proposed rule has been reviewed               periods, the Committee recommended,
                                                    September 16, 2016.                                     under Executive Order 12988, Civil                    and USDA approved, an assessment rate
                                                    ADDRESSES: Interested persons are                       Justice Reform. Under the marketing                   that would continue in effect from fiscal
                                                    invited to submit written comments                      order now in effect, orange and                       period to fiscal period unless modified,
                                                    concerning this proposed rule.                          grapefruit handlers are subject to                    suspended, or terminated by USDA
                                                    Comments must be sent to the Docket                     assessments. Funds to administer the                  upon recommendation and information
                                                    Clerk, Marketing Order and Agreement                    order are derived from such                           submitted by the Committee or other
                                                    Division, Specialty Crops Program,                      assessments. It is intended that the                  information available to USDA.
                                                    AMS, USDA, 1400 Independence                            assessment rate as proposed herein                      The Committee met on June 2, 2016,
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    Avenue SW., STOP 0237, Washington,                      would be applicable to all assessable                 and unanimously recommended 2016–
                                                    DC 20250–0237; Fax: (202) 720–8938; or                  oranges and grapefruit beginning on                   17 expenditures of $751,148 and an
                                                    Internet: http://www.regulations.gov.                   August 1, 2016, and continue until                    assessment rate of $0.09 per 7/10-bushel
                                                    Comments should reference the                           amended, suspended, or terminated.                    carton or equivalent of oranges and
                                                    document number and the date and                           The Act provides that administrative               grapefruit. In comparison, last year’s
                                                    page number of this issue of the Federal                proceedings must be exhausted before                  budgeted expenditures were $701,148.
                                                    Register and will be available for public               parties may file suit in court. Under                 The assessment rate of $0.09 is $0.01
                                                    inspection in the Office of the Docket                  section 608c(15)(A) of the Act, any                   higher than the rate currently in effect.


                                               VerDate Sep<11>2014   16:15 Aug 16, 2016   Jkt 238001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\17AUP1.SGM   17AUP1


                                                                        Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules                                          54749

                                                    At the current assessment rate,                         U.S.C. 601–612), the Agricultural                     interest income and funds from the
                                                    assessment income would equal around                    Marketing Service (AMS) has                           Committee’s authorized reserve, would
                                                    $640,000, an amount insufficient to                     considered the economic impact of this                be adequate to meet this year’s
                                                    cover the Committee’s anticipated                       proposed rule on small entities.                      expenses.
                                                    expenditures, which include a $50,000                   Accordingly, AMS has prepared this                       The major expenditures
                                                    increase in funding for compliance. The                 initial regulatory flexibility analysis.              recommended by the Committee for the
                                                    Committee considered the proposed                          The purpose of the RFA is to fit                   2016–17 year include $600,248 for the
                                                    expenses and recommended increasing                     regulatory actions to the scale of                    Mexican fruit fly control program,
                                                    the assessment rate.                                    businesses subject to such actions in                 $77,200 for management, and $50,000
                                                      The major expenditures                                order that small businesses will not be               for compliance. Budgeted expenses for
                                                    recommended by the Committee for the                    unduly or disproportionately burdened.                these items in 2015–16 were $600,248,
                                                    2016–17 year include $600,248 for the                   Marketing orders issued pursuant to the               $77,200, and $0, respectively.
                                                    Mexican fruit fly control program,                      Act, and the rules issued thereunder, are                At the current assessment rate,
                                                    $77,200 for management, and $50,000                     unique in that they are brought about                 assessment income would only equal
                                                    for compliance. Budgeted expenses for                   through group action of essentially                   around $640,000, an amount
                                                    these items in 2015–16 were $600,248,                   small entities acting on their own                    insufficient to cover the Committee’s
                                                    $77,200, and $0, respectively.                          behalf.                                               anticipated expenditures, which include
                                                      The assessment rate recommended by                       There are approximately 170                        a $50,000 increase in funding for
                                                    the Committee was derived by dividing                   producers of oranges and grapefruit in                compliance. The Committee considered
                                                    anticipated expenses by expected                        the production area and 13 handlers                   the proposed expenses and
                                                    shipments of Texas oranges and                          subject to regulation under the                       recommended increasing the assessment
                                                    grapefruit. Orange and grapefruit                       marketing order. Small agricultural                   rate.
                                                    shipments for the 2016–17 year are                      producers are defined by the Small                       Prior to arriving at this budget and
                                                    estimated at 8 million 7/10-bushel                      Business Administration (SBA) as those                assessment rate, the Committee
                                                    cartons or equivalent, which should                     having annual receipts less than                      considered information from various
                                                    provide $720,000 in assessment income.                  $750,000, and small agricultural service              sources, such as the Committee’s Budget
                                                    Income derived from handler                             firms are defined as those whose annual               and Personnel Committee, and
                                                    assessments, along with interest income                 receipts are less than $7,500,000 (13                 Committee management. Alternative
                                                    and funds from the Committee’s                          CFR 121.201).                                         expenditure levels were discussed by
                                                    authorized reserve, would be adequate                      According to Committee data and                    these groups, based upon the relative
                                                    to cover budgeted expenses. Funds in                    information from the National                         value of various activities to the Texas
                                                    the reserve (currently around $367,000)                 Agricultural Statistics Service, the                  citrus industry. Based on estimated
                                                    would be kept within the maximum                        weighted average grower price for Texas               shipments, the recommended
                                                    permitted by the order (approximately                   citrus during the 2014–15 season was                  assessment rate of $0.09 should provide
                                                    one fiscal period’s expenses as stated in               around $9.53 per box and total                        $720,000 in assessment income. The
                                                    § 906.35).                                              shipments were near 7.8 million boxes.                Committee determined that the
                                                      The proposed assessment rate would                    Using the weighted average price and                  assessment revenue, along with funds
                                                    continue in effect indefinitely unless                  shipment information, and assuming a                  from interest income and funds from
                                                    modified, suspended, or terminated by                   normal distribution of production, the                reserves, would be adequate to cover
                                                    USDA upon recommendation and                            majority of producers would have                      budgeted expenses for the 2016–17
                                                    information submitted by the                            annual receipts of less than $750,000. In             fiscal period.
                                                    Committee or other available                            addition, based on Committee                             A review of historical information and
                                                    information.                                            information, the majority of handlers                 preliminary information pertaining to
                                                      Although this assessment rate would                   have annual receipts of less than                     the upcoming crop year indicates that
                                                    be in effect for an indefinite period, the              $7,500,000 and could be considered                    the average grower price for the 2016–
                                                    Committee would continue to meet                        small businesses under SBA’s                          17 season could be around $13.50 per 7/
                                                    prior to or during each fiscal period to                definition. Thus, the majority of Texas               10-bushel carton or equivalent of
                                                    recommend a budget of expenses and                      citrus producers and handlers may be                  oranges and grapefruit. Therefore, the
                                                    consider recommendations for                            classified as small entities.                         estimated assessment revenue for the
                                                    modification of the assessment rate. The                   This proposal would increase the                   2016–17 crop year as a percentage of
                                                    dates and times of Committee meetings                   assessment rate established for the                   total grower revenue would be around
                                                    are available from the Committee or                     Committee and collected from handlers                 0.6 percent.
                                                    USDA. Committee meetings are open to                    for the 2016–17 and subsequent fiscal                    This action would increase the
                                                    the public and interested persons may                   periods from $0.08 to $0.09 per 7/10-                 assessment obligation imposed on
                                                    express their views at these meetings.                  bushel carton or equivalent of Texas                  handlers. While assessments impose
                                                    USDA would evaluate Committee                           oranges and grapefruit. The Committee                 some additional costs on handlers, the
                                                    recommendations and other available                     unanimously recommended 2016–17                       costs are minimal and uniform on all
                                                    information to determine whether                        expenditures of $751,148 and an                       handlers. However, these costs would
                                                    modification of the assessment rate is                  assessment rate of $0.09 per 7/10-bushel              be offset by the benefits derived by the
                                                    needed. Further rulemaking would be                     carton or equivalent handled. The                     operation of the marketing order.
                                                    undertaken as necessary. The                            proposed assessment rate of $0.09 is                     The Committee’s meeting was widely
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                                                    Committee’s 2016–17 budget and those                    $0.01 higher than the 2015–16 rate. The               publicized throughout the Texas citrus
                                                    for subsequent fiscal periods would be                  quantity of assessable oranges and                    industry and all interested persons were
                                                    reviewed and, as appropriate, approved                  grapefruit for the 2016–17 season is                  invited to attend the meeting and
                                                    by USDA.                                                estimated at 8 million 7/10-bushel                    participate in Committee deliberations
                                                                                                            cartons or equivalent. Thus, the $0.09                on all issues. Like all Committee
                                                    Initial Regulatory Flexibility Analysis                 rate should provide $720,000 in                       meetings, the June 2, 2016, meeting was
                                                      Pursuant to requirements set forth in                 assessment income. Income derived                     a public meeting and all entities, both
                                                    the Regulatory Flexibility Act (RFA) (5                 from handler assessments, along with                  large and small, were able to express


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                                                    54750               Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Proposed Rules

                                                    views on this issue. Finally, interested                List of Subjects in 7 CFR Part 906                    video control station and closet. Such
                                                    persons are invited to submit comments                    Grapefruit, Marketing agreements,                   propagation could result in an increased
                                                    on this proposed rule, including the                    Oranges, Reporting and recordkeeping                  risk of smoke and/or fire propagation
                                                    regulatory and informational impacts of                 requirements.                                         into the passenger cabin.
                                                    this action on small businesses.                          For the reasons set forth in the                    DATES: We must receive comments on
                                                       In accordance with the Paperwork                     preamble, 7 CFR part 906 is proposed to               this proposed AD by October 3, 2016.
                                                    Reduction Act of 1995 (44 U.S.C.                        be amended as follows:                                ADDRESSES: You may send comments,
                                                    Chapter 35), the order’s information                                                                          using the procedures found in 14 CFR
                                                    collection requirements have been                       PART 906—ORANGES AND                                  11.43 and 11.45, by any of the following
                                                    previously approved by the Office of                    GRAPEFRUIT GROWN IN LOWER RIO                         methods:
                                                    Management and Budget (OMB) and                         GRANDE VALLEY IN TEXAS                                   • Federal eRulemaking Portal: Go to
                                                    assigned OMB No. 0581–0189 Generic                                                                            http://www.regulations.gov. Follow the
                                                                                                            ■ 1. The authority citation for 7 CFR                 instructions for submitting comments.
                                                    Fruit Crops. No changes in those
                                                    requirements as a result of this action
                                                                                                            part 906 continues to read as follows:                   • Fax: 202–493–2251.
                                                                                                                Authority: 7 U.S.C. 601–674.                         • Mail: U.S. Department of
                                                    are necessary. Should any changes
                                                                                                                                                                  Transportation, Docket Operations, M–
                                                    become necessary, they would be                         ■ 2. Section 906.235 is revised to read               30, West Building Ground Floor, Room
                                                    submitted to OMB for approval.                          as follows:                                           W12–140, 1200 New Jersey Avenue SE.,
                                                       This proposed rule would impose no                   § 906.235    Assessment rate.                         Washington, DC 20590.
                                                    additional reporting or recordkeeping
                                                                                                              On and after August 1, 2016, an                        • Hand Delivery: Deliver to Mail
                                                    requirements on either small or large                                                                         address above between 9 a.m. and 5
                                                                                                            assessment rate of $0.09 per 7/10-bushel
                                                    Texas orange and grapefruit handlers.                                                                         p.m., Monday through Friday, except
                                                                                                            carton or equivalent is established for
                                                    As with all Federal marketing order                                                                           Federal holidays.
                                                                                                            oranges and grapefruit grown in the
                                                    programs, reports and forms are                                                                                  For service information identified in
                                                                                                            Lower Rio Grande Valley in Texas.
                                                    periodically reviewed to reduce                                                                               this NPRM, contact Boeing Commercial
                                                    information requirements and                              Dated: August 12, 2016.                             Airplanes, Attention: Data & Services
                                                    duplication by industry and public                      Elanor Starmer,                                       Management, P.O. Box 3707, MC 2H–65,
                                                    sector agencies.                                        Administrator, Agricultural Marketing                 Seattle, WA 98124–2207; telephone:
                                                                                                            Service.                                              206–544–5000, extension 1; fax: 206–
                                                       AMS is committed to complying with
                                                    the E-Government Act, to promote the                    [FR Doc. 2016–19624 Filed 8–16–16; 8:45 am]           766–5680; Internet: https://
                                                    use of the internet and other                           BILLING CODE 3410–02–P                                www.myboeingfleet.com. You may view
                                                                                                                                                                  this referenced service information at
                                                    information technologies to provide
                                                                                                                                                                  the FAA, Transport Airplane
                                                    increased opportunities for citizen
                                                                                                            DEPARTMENT OF TRANSPORTATION                          Directorate, 1601 Lind Avenue SW.,
                                                    access to Government information and
                                                                                                                                                                  Renton, WA. For information on the
                                                    services, and for other purposes.                       Federal Aviation Administration                       availability of this material at the FAA,
                                                       USDA has not identified any relevant                                                                       call 425–227–1221. It is also available
                                                    Federal rules that duplicate, overlap, or               14 CFR Part 39                                        on the Internet at http://
                                                    conflict with this action.                                                                                    www.regulations.gov by searching for
                                                                                                            [Docket No. FAA–2016–8844; Directorate
                                                       A small business guide on complying                  Identifier 2016–NM–026–AD]                            and locating Docket No. FAA–2016–
                                                    with fruit, vegetable, and specialty crop                                                                     8844.
                                                                                                            RIN 2120–AA64
                                                    marketing agreements and orders may                                                                           Examining the AD Docket
                                                    be viewed at: http://www.ams.usda.gov/                  Airworthiness Directives; The Boeing
                                                    rules-regulations/moa/small-businesses.                                                                          You may examine the AD docket on
                                                                                                            Company Airplanes                                     the Internet at http://
                                                    Any questions about the compliance
                                                    guide should be sent to Richard Lower                   AGENCY: Federal Aviation                              www.regulations.gov by searching for
                                                                                                            Administration (FAA), DOT.                            and locating Docket No. FAA–2016–
                                                    at the previously-mentioned address in
                                                                                                                                                                  8844; or in person at the Docket
                                                    the FOR FURTHER INFORMATION CONTACT                     ACTION: Notice of proposed rulemaking
                                                                                                                                                                  Management Facility between 9 a.m.
                                                    section.                                                (NPRM).
                                                                                                                                                                  and 5 p.m., Monday through Friday,
                                                       A 30-day comment period is provided                  SUMMARY:   We propose to adopt a new                  except Federal holidays. The AD docket
                                                    to allow interested persons to respond                  airworthiness directive (AD) for certain              contains this proposed AD, the
                                                    to this proposed rule. Thirty days is                   The Boeing Company Model 787–8                        regulatory evaluation, any comments
                                                    deemed appropriate because: (1) The                     airplanes. This proposed AD was                       received, and other information. The
                                                    2016–17 fiscal period begins on August                  prompted by a report indicating that the              street address for the Docket Office
                                                    1, 2016, and the marketing order                        fire block in the video control station               (phone: 800–647–5527) is in the
                                                    requires that the rate of assessment for                and closets, and fire blocking tape in the            ADDRESSES section. Comments will be
                                                    each fiscal period apply to all assessable              floor panel opening in the forward and                available in the AD docket shortly after
                                                    Texas oranges and grapefruit handled                    aft main passenger cabin, might be                    receipt.
                                                    during such fiscal period; (2) the                      missing on some airplanes. This                       FOR FURTHER INFORMATION CONTACT:
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                                                    Committee needs to have sufficient                      proposed AD would require installing                  Francis Smith, Aerospace Engineer,
                                                    funds to pay its expenses which are                     fire block in the video control station               Cabin Safety and Environmental
                                                    incurred on a continuous basis; and (3)                 and closets, as applicable, and installing            Systems Branch, ANM–150S, FAA,
                                                    handlers are aware of this action which                 fire blocking tape in the floor panel                 Seattle Aircraft Certification Office
                                                    was unanimously recommended by the                      openings in the forward and aft main                  (ACO), 1601 Lind Avenue SW., Renton,
                                                    Committee at a public meeting and is                    passenger cabin. We are proposing this                WA 98057–3356; phone: 425–917–6596;
                                                    similar to other assessment rate actions                AD to prevent propagation of a fire in                fax: 425–917–6590; email:
                                                    issued in past years.                                   the lower lobe cheek area outboard of a               francis.smith@faa.gov.


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Document Created: 2018-02-09 11:35:06
Document Modified: 2018-02-09 11:35:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received by September 16, 2016.
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 Citation81 FR 54748 
CFR AssociatedGrapefruit; Marketing Agreements; Oranges and Reporting and Recordkeeping Requirements

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