81_FR_73539 81 FR 73333 - Oranges and Grapefruit Grown in Lower Rio Grande Valley in Texas; Increased Assessment Rate

81 FR 73333 - 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 206 (October 25, 2016)

Page Range73333-73335
FR Document2016-25681

This rule implements a recommendation from the Texas Valley Citrus Committee (Committee) for an increase of 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 will remain in effect indefinitely unless modified, suspended, or terminated.

Federal Register, Volume 81 Issue 206 (Tuesday, October 25, 2016)
[Federal Register Volume 81, Number 206 (Tuesday, October 25, 2016)]
[Rules and Regulations]
[Pages 73333-73335]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25681]



========================================================================
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. 206 / Tuesday, October 25, 2016 / 
Rules and Regulations

[[Page 73333]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 906

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


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

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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

SUMMARY: This rule implements a recommendation from the Texas Valley 
Citrus Committee (Committee) for an increase of 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 
will remain in effect indefinitely unless modified, suspended, or 
terminated.

DATES: Effective October 26, 2016.

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 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.
    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. Under the marketing order now in effect, Texas 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 issued herein will 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 rule increases 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 
handled.
    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. At the current assessment rate, assessment income would equal 
around $640,000, an amount insufficient to cover the Committee's 
anticipated expenditures, which includes a $50,000 increase in funding 
for compliance. The Committee considered the estimated 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

[[Page 73334]]

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, should be adequate to cover budgeted expenses. 
Funds in the reserve (currently around $367,000) will be kept within 
the maximum permitted by the order (approximately one fiscal period's 
expenses as stated in Sec.  906.35).
    The assessment rate established in this rule will continue in 
effect indefinitely unless modified, suspended, or terminated by USDA 
upon recommendation and information submitted by the Committee or other 
available information.
    Although this assessment rate will be in effect for an indefinite 
period, the Committee will continue to meet prior to or during each 
fiscal period to recommend a budget of expenses and consider 
recommendations for modification of the assessment rate. The dates and 
times of Committee meetings are available from the Committee or USDA. 
Committee meetings are open to the public and interested persons may 
express their views at these meetings. USDA will evaluate Committee 
recommendations and other available information to determine whether 
modification of the assessment rate is needed. Further rulemaking will 
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.

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. 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, the average price for Texas citrus 
during the 2014-15 season was around $16.50 per box and total shipments 
were near 4.1 million boxes. Using the average price and shipment 
information, the number of handlers, and assuming a normal 
distribution, the majority of handlers have average annual receipts of 
less than $7,500,000. In addition, based on information from the 
National Agricultural Statistics Service, the weighted grower price for 
Texas citrus during the 2014-15 season was around $9.55 per box. Using 
the weighted average price and shipment information, and assuming a 
normal distribution, the majority of producers would have annual 
receipts of less than $750,000. Thus, the majority of Texas citrus 
handlers and producers may be classified as small entities.
    This rule increases 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. The 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, 
should 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 includes a $50,000 increase in funding 
for compliance. The Committee considered the estimated 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 could be around 0.6 percent.
    This action increases the assessment obligation imposed on 
handlers. While assessments impose some additional costs on handlers, 
the costs are minimal and uniform on all handlers. Some of the 
additional costs may be passed on to producers. However, these costs 
are 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 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 rule 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

[[Page 73335]]

industry and public sector agencies. As noted in the initial regulatory 
flexibility analysis, USDA has not identified any relevant Federal 
rules that duplicate, overlap, or conflict with this final rule.
    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.
    A proposed rule concerning this action was published in the Federal 
Register on August 17, 2016 (81 FR 54748). Copies of the proposed rule 
were also mailed or sent via facsimile to all Texas orange and 
grapefruit handlers. Finally, the proposal was made available through 
the internet by USDA and the Office of the Federal Register. A 30-day 
comment period ending September 16, 2016, was provided for interested 
persons to respond to the proposal. No comments were received.
    A small business guide on complying with fruit, vegetable, and 
specialty crop marketing agreements and orders may be viewed at: http://www.ams.usda.gov/rules-regulations/moa/small-businesses. Any questions 
about the compliance guide should be sent to Richard Lower at the 
previously-mentioned address in the FOR FURTHER INFORMATION CONTACT 
section.
    After consideration of all relevant material presented, including 
the information and recommendation submitted by the Committee and other 
available information, it is hereby found that this rule, as 
hereinafter set forth, will tend to effectuate the declared policy of 
the Act.
    Pursuant to 5 U.S.C. 553, it also found and determined that good 
cause exists for not postposing the effective date of this rule until 
30 days after publication in the Federal Register because: (1) The 
2016-17 fiscal period began 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. Also, a 30-day comment period was provided for in 
the proposed rule.

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 
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: October 19, 2016.
Elanor Starmer,
Administrator, Agricultural Marketing Service.
[FR Doc. 2016-25681 Filed 10-24-16; 8:45 am]
BILLING CODE 3410-02-P



                                                                                                                                                                                          73333

                                           Rules and Regulations                                                                                         Federal Register
                                                                                                                                                         Vol. 81, No. 206

                                                                                                                                                         Tuesday, October 25, 2016



                                           This section of the FEDERAL REGISTER                    Marketing Order and Agreement                         bushel carton or equivalent of oranges
                                           contains regulatory documents having general            Division, Specialty Crops Program,                    and grapefruit handled.
                                           applicability and legal effect, most of which           AMS, USDA, 1400 Independence                            The Texas orange and grapefruit
                                           are keyed to and codified in the Code of                Avenue SW., STOP 0237, Washington,                    marketing order provides authority for
                                           Federal Regulations, which is published under           DC 20250–0237; Telephone: (202) 720–                  the Committee, with the approval of
                                           50 titles pursuant to 44 U.S.C. 1510.
                                                                                                   2491, Fax: (202) 720–8938, or Email:                  USDA, to formulate an annual budget of
                                           The Code of Federal Regulations is sold by              Richard.Lower@ams.usda.gov.                           expenses and collect assessments from
                                           the Superintendent of Documents. Prices of              SUPPLEMENTARY INFORMATION: This rule                  handlers to administer the program. The
                                           new books are listed in the first FEDERAL               is issued under Marketing Agreement                   members of the Committee are
                                           REGISTER issue of each week.                            and Order No. 906, as amended (7 CFR                  producers and handlers of Texas
                                                                                                   part 906), regulating the handling of                 oranges and grapefruit. They are
                                                                                                   oranges and grapefruit grown in the                   familiar with the Committee’s needs and
                                           DEPARTMENT OF AGRICULTURE                               Lower Rio Grande Valley in Texas,                     with the costs for goods and services in
                                                                                                   hereinafter referred to as the ‘‘order.’’             their local area and are thus in a
                                           Agricultural Marketing Service                                                                                position to formulate an appropriate
                                                                                                   The order is effective under the
                                                                                                   Agricultural Marketing Agreement Act                  budget and assessment rate. The
                                           7 CFR Part 906                                                                                                assessment rate is formulated and
                                                                                                   of 1937, as amended (7 U.S.C. 601–674),
                                           [Doc. No. AMS–SC–16–0059; SC16–906–2                    hereinafter referred to as the ‘‘Act.’’               discussed in a public meeting. Thus, all
                                           FR]                                                        The Department of Agriculture                      directly affected persons have an
                                                                                                   (USDA) is issuing this rule in                        opportunity to participate and provide
                                           Oranges and Grapefruit Grown in                                                                               input.
                                                                                                   conformance with Executive Orders
                                           Lower Rio Grande Valley in Texas;                                                                               For the 2015–16 and subsequent fiscal
                                                                                                   12866, 13563, and 13175.
                                           Increased Assessment Rate                                  This rule has been reviewed under                  periods, the Committee recommended,
                                           AGENCY:  Agricultural Marketing Service,                Executive Order 12988, Civil Justice                  and USDA approved, an assessment rate
                                           USDA.                                                   Reform. Under the marketing order now                 that would continue in effect from fiscal
                                           ACTION: Final rule.                                     in effect, Texas orange and grapefruit                period to fiscal period unless modified,
                                                                                                   handlers are subject to assessments.                  suspended, or terminated by USDA
                                           SUMMARY:    This rule implements a                      Funds to administer the order are                     upon recommendation and information
                                           recommendation from the Texas Valley                    derived from such assessments. It is                  submitted by the Committee or other
                                           Citrus Committee (Committee) for an                     intended that the assessment rate as                  information available to USDA.
                                           increase of the assessment rate                         issued herein will be applicable to all                 The Committee met on June 2, 2016,
                                           established for the 2016–17 and                         assessable oranges and grapefruit                     and unanimously recommended 2016–
                                           subsequent fiscal periods from $0.08 to                 beginning on August 1, 2016, and                      17 expenditures of $751,148 and an
                                           $0.09 per 7/10-bushel carton or                         continue until amended, suspended, or                 assessment rate of $0.09 per 7/10-bushel
                                           equivalent of oranges and grapefruit                    terminated.                                           carton or equivalent of oranges and
                                           handled under the marketing order                          The Act provides that administrative               grapefruit. In comparison, last year’s
                                           (order). The Committee locally                          proceedings must be exhausted before                  budgeted expenditures were $701,148.
                                           administers the order, and is comprised                 parties may file suit in court. Under                 The assessment rate of $0.09 is $0.01
                                           of producers and handlers of oranges                    section 608c(15)(A) of the Act, any                   higher than the rate currently in effect.
                                           and grapefruit operating within the area                handler subject to an order may file                  At the current assessment rate,
                                           of production. Assessments upon orange                  with USDA a petition stating that the                 assessment income would equal around
                                           and grapefruit handlers are used by the                 order, any provision of the order, or any             $640,000, an amount insufficient to
                                           Committee to fund reasonable and                        obligation imposed in connection with                 cover the Committee’s anticipated
                                           necessary expenses of the program. The                  the order is not in accordance with law               expenditures, which includes a $50,000
                                           fiscal period begins August 1 and ends                  and request a modification of the order               increase in funding for compliance. The
                                           July 31. The assessment rate will remain                or to be exempted therefrom. Such                     Committee considered the estimated
                                           in effect indefinitely unless modified,                 handler is afforded the opportunity for               expenses and recommended increasing
                                           suspended, or terminated.                               a hearing on the petition. After the                  the assessment rate.
                                           DATES: Effective October 26, 2016.                      hearing, USDA would rule on the                         The major expenditures
                                           FOR FURTHER INFORMATION CONTACT:                        petition. The Act provides that the                   recommended by the Committee for the
                                           Doris Jamieson, Marketing Specialist, or                district court of the United States in any            2016–17 year include $600,248 for the
                                           Christian D. Nissen, Regional Director,                 district in which the handler is an                   Mexican fruit fly control program,
                                           Southeast Marketing Field Office,                       inhabitant, or has his or her principal               $77,200 for management, and $50,000
                                           Marketing Order and Agreement                           place of business, has jurisdiction to                for compliance. Budgeted expenses for
                                           Division, Specialty Crops Program,                      review USDA’s ruling on the petition,                 these items in 2015–16 were $600,248,
                                           AMS, USDA; Telephone: (863) 324–                        provided an action is filed not later than            $77,200, and $0, respectively.
ehiers on DSK5VPTVN1PROD with RULES




                                           3375, Fax: (863) 291–8614, or Email:                    20 days after the date of the entry of the              The assessment rate recommended by
                                           Doris.Jamieson@ams.usda.gov or                          ruling.                                               the Committee was derived by dividing
                                           Christian.Nissen@ams.usda.gov.                             This rule increases the assessment                 anticipated expenses by expected
                                              Small businesses may request                         rate established for the Committee for                shipments of Texas oranges and
                                           information on complying with this                      the 2016–17 and subsequent fiscal                     grapefruit. Orange and grapefruit
                                           regulation by contacting Richard Lower,                 periods from $0.08 to $0.09 per 7/10-                 shipments for the 2016–17 year are


                                      VerDate Sep<11>2014   14:10 Oct 24, 2016   Jkt 241001   PO 00000   Frm 00001   Fmt 4700   Sfmt 4700   E:\FR\FM\25OCR1.SGM   25OCR1


                                           73334            Federal Register / Vol. 81, No. 206 / Tuesday, October 25, 2016 / Rules and Regulations

                                           estimated at 8 million 7/10-bushel                      Business Administration (SBA) as those                   Prior to arriving at this budget and
                                           cartons or equivalent, which should                     having annual receipts less than                      assessment rate, the Committee
                                           provide $720,000 in assessment income.                  $750,000, and small agricultural service              considered information from various
                                           Income derived from handler                             firms are defined as those whose annual               sources, such as the Committee’s Budget
                                           assessments, along with interest income                 receipts are less than $7,500,000 (13                 and Personnel Committee, and
                                           and funds from the Committee’s                          CFR 121.201).                                         Committee management. Alternative
                                           authorized reserve, should be adequate                     According to Committee data, the                   expenditure levels were discussed by
                                           to cover budgeted expenses. Funds in                    average price for Texas citrus during the             these groups, based upon the relative
                                           the reserve (currently around $367,000)                 2014–15 season was around $16.50 per                  value of various activities to the Texas
                                           will be kept within the maximum                         box and total shipments were near 4.1                 citrus industry. Based on estimated
                                           permitted by the order (approximately                   million boxes. Using the average price                shipments, the recommended
                                           one fiscal period’s expenses as stated in               and shipment information, the number                  assessment rate of $0.09 should provide
                                           § 906.35).                                              of handlers, and assuming a normal                    $720,000 in assessment income. The
                                             The assessment rate established in                    distribution, the majority of handlers                Committee determined that the
                                           this rule will continue in effect                       have average annual receipts of less                  assessment revenue, along with funds
                                           indefinitely unless modified,                           than $7,500,000. In addition, based on                from interest income and funds from
                                           suspended, or terminated by USDA                        information from the National                         reserves, would be adequate to cover
                                           upon recommendation and information                     Agricultural Statistics Service, the                  budgeted expenses for the 2016–17
                                           submitted by the Committee or other                     weighted grower price for Texas citrus                fiscal period.
                                           available information.                                  during the 2014–15 season was around                     A review of historical information and
                                             Although this assessment rate will be                 $9.55 per box. Using the weighted                     preliminary information pertaining to
                                           in effect for an indefinite period, the                 average price and shipment information,               the upcoming crop year indicates that
                                           Committee will continue to meet prior                   and assuming a normal distribution, the               the average grower price for the 2016–
                                           to or during each fiscal period to                      majority of producers would have                      17 season could be around $13.50 per 7/
                                           recommend a budget of expenses and                      annual receipts of less than $750,000.                10-bushel carton or equivalent of
                                           consider recommendations for                            Thus, the majority of Texas citrus                    oranges and grapefruit. Therefore, the
                                           modification of the assessment rate. The                handlers and producers may be                         estimated assessment revenue for the
                                           dates and times of Committee meetings                   classified as small entities.                         2016–17 crop year as a percentage of
                                           are available from the Committee or                        This rule increases the assessment                 total grower revenue could be around
                                           USDA. Committee meetings are open to                    rate established for the Committee and                0.6 percent.
                                           the public and interested persons may                   collected from handlers for the 2016–17                  This action increases the assessment
                                           express their views at these meetings.                  and subsequent fiscal periods from                    obligation imposed on handlers. While
                                           USDA will evaluate Committee                            $0.08 to $0.09 per 7/10-bushel carton or              assessments impose some additional
                                           recommendations and other available                     equivalent of Texas oranges and                       costs on handlers, the costs are minimal
                                           information to determine whether                        grapefruit. The Committee unanimously                 and uniform on all handlers. Some of
                                           modification of the assessment rate is                  recommended 2016–17 expenditures of                   the additional costs may be passed on
                                           needed. Further rulemaking will be                      $751,148 and an assessment rate of                    to producers. However, these costs are
                                           undertaken as necessary. The                            $0.09 per 7/10-bushel carton or                       offset by the benefits derived by the
                                           Committee’s 2016–17 budget and those                    equivalent. The assessment rate of $0.09              operation of the marketing order.
                                           for subsequent fiscal periods would be                  is $0.01 higher than the 2015–16 rate.                   The Committee’s meeting was widely
                                           reviewed and, as appropriate, approved                  The quantity of assessable oranges and                publicized throughout the Texas citrus
                                           by USDA.                                                grapefruit for the 2016–17 season is                  industry and all interested persons were
                                                                                                   estimated at 8 million 7/10-bushel                    invited to attend the meeting and
                                           Final Regulatory Flexibility Analysis                   cartons or equivalent. Thus, the $0.09                participate in Committee deliberations
                                              Pursuant to requirements set forth in                rate should provide $720,000 in                       on all issues. Like all Committee
                                           the Regulatory Flexibility Act (RFA) (5                 assessment income. Income derived                     meetings, the June 2, 2016, meeting was
                                           U.S.C. 601–612), the Agricultural                       from handler assessments, along with                  a public meeting and all entities, both
                                           Marketing Service (AMS) has                             interest income and funds from the                    large and small, were able to express
                                           considered the economic impact of this                  Committee’s authorized reserve, should                views on this issue.
                                           rule on small entities. Accordingly,                    be adequate to meet this year’s                          In accordance with the Paperwork
                                           AMS has prepared this final regulatory                  expenses.                                             Reduction Act of 1995 (44 U.S.C.
                                           flexibility analysis.                                      The major expenditures                             Chapter 35), the order’s information
                                              The purpose of the RFA is to fit                     recommended by the Committee for the                  collection requirements have been
                                           regulatory actions to the scale of                      2016–17 year include $600,248 for the                 previously approved by the Office of
                                           businesses subject to such actions in                   Mexican fruit fly control program,                    Management and Budget (OMB) and
                                           order that small businesses will not be                 $77,200 for management, and $50,000                   assigned OMB No. 0581–0189 Generic
                                           unduly or disproportionately burdened.                  for compliance. Budgeted expenses for                 Fruit Crops. No changes in those
                                           Marketing orders issued pursuant to the                 these items in 2015–16 were $600,248,                 requirements as a result of this action
                                           Act, and the rules issued thereunder, are               $77,200, and $0, respectively.                        are necessary. Should any changes
                                           unique in that they are brought about                      At the current assessment rate,                    become necessary, they would be
                                           through group action of essentially                     assessment income would only equal                    submitted to OMB for approval.
                                           small entities acting on their own                      around $640,000, an amount                               This rule imposes no additional
                                           behalf.                                                 insufficient to cover the Committee’s                 reporting or recordkeeping requirements
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                                              There are approximately 170                          anticipated expenditures, which                       on either small or large Texas orange
                                           producers of oranges and grapefruit in                  includes a $50,000 increase in funding                and grapefruit handlers. As with all
                                           the production area and 13 handlers                     for compliance. The Committee                         Federal marketing order programs,
                                           subject to regulation under the                         considered the estimated expenses and                 reports and forms are periodically
                                           marketing order. Small agricultural                     recommended increasing the assessment                 reviewed to reduce information
                                           producers are defined by the Small                      rate.                                                 requirements and duplication by


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                                                            Federal Register / Vol. 81, No. 206 / Tuesday, October 25, 2016 / Rules and Regulations                                          73335

                                           industry and public sector agencies. As                   For the reasons set forth in the                    DATES:  The direct final rule is effective
                                           noted in the initial regulatory flexibility             preamble, 7 CFR part 906 is amended as                January 9, 2017, unless significant
                                           analysis, USDA has not identified any                   follows:                                              adverse comments are received by
                                           relevant Federal rules that duplicate,                                                                        November 25, 2016. If the direct final
                                           overlap, or conflict with this final rule.              PART 906—ORANGES AND                                  rule is withdrawn as a result of such
                                              AMS is committed to complying with                   GRAPEFRUIT GROWN IN LOWER RIO                         comments, timely notice of the
                                           the E-Government Act, to promote the                    GRANDE VALLEY IN TEXAS                                withdrawal will be published in the
                                           use of the internet and other                                                                                 Federal Register. Comments received
                                                                                                   ■ 1. The authority citation for 7 CFR
                                           information technologies to provide                                                                           after this date will be considered if it is
                                                                                                   part 906 continues to read as follows:
                                           increased opportunities for citizen                                                                           practical to do so, but the Commission
                                           access to Government information and                        Authority: 7 U.S.C. 601–674.                      is able to ensure consideration only for
                                           services, and for other purposes.                       ■ 2. Section 906.235 is revised to read               comments received on or before this
                                              A proposed rule concerning this                      as follows:                                           date. Comments received on this direct
                                           action was published in the Federal                                                                           final rule will also be considered to be
                                                                                                   § 906.235    Assessment rate.
                                           Register on August 17, 2016 (81 FR                                                                            comments on a companion proposed
                                           54748). Copies of the proposed rule                       On and after August 1, 2016, an                     rule published in the Proposed Rules
                                           were also mailed or sent via facsimile to               assessment rate of $0.09 per 7/10-bushel              section of this issue of the Federal
                                           all Texas orange and grapefruit                         carton or equivalent is established for               Register.
                                           handlers. Finally, the proposal was                     oranges and grapefruit grown in the
                                                                                                   Lower Rio Grande Valley in Texas.                     ADDRESSES: You may submit comments
                                           made available through the internet by                                                                        by any of the following methods:
                                           USDA and the Office of the Federal                        Dated: October 19, 2016.                               • Federal Rulemaking Web site: Go to
                                           Register. A 30-day comment period                       Elanor Starmer,                                       http://www.regulations.gov and search
                                           ending September 16, 2016, was                          Administrator, Agricultural Marketing                 for Docket ID NRC–2016–0155. Address
                                           provided for interested persons to                      Service.                                              questions about NRC dockets to Carol
                                           respond to the proposal. No comments                    [FR Doc. 2016–25681 Filed 10–24–16; 8:45 am]          Gallagher; telephone: 301–415–3463;
                                           were received.                                          BILLING CODE 3410–02–P                                email: Carol.Gallagher@nrc.gov. For
                                              A small business guide on complying                                                                        technical questions contact the
                                           with fruit, vegetable, and specialty crop                                                                     individual listed in the FOR FURTHER
                                           marketing agreements and orders may                     NUCLEAR REGULATORY                                    INFORMATION CONTACT section of this
                                           be viewed at: http://www.ams.usda.gov/                  COMMISSION                                            document.
                                           rules-regulations/moa/small-businesses.                                                                          • Email comments to:
                                           Any questions about the compliance                      10 CFR Part 72                                        Rulemaking.Comments@nrc.gov. If you
                                           guide should be sent to Richard Lower                                                                         do not receive an automatic email reply
                                                                                                   [NRC–2016–0155]
                                           at the previously-mentioned address in                                                                        confirming receipt, then contact us at
                                           the FOR FURTHER INFORMATION CONTACT                     RIN 3150–AJ80                                         301–415–1677.
                                           section.                                                                                                         • Fax comments to: Secretary, U.S.
                                              After consideration of all relevant                  List of Approved Spent Fuel Storage                   Nuclear Regulatory Commission at 301–
                                           material presented, including the                       Casks: Holtec International HI–STORM                  415–1101.
                                           information and recommendation                          UMAX Canister Storage System;                            • Mail comments to: Secretary, U.S.
                                           submitted by the Committee and other                    Certificate of Compliance No. 1040,                   Nuclear Regulatory Commission,
                                           available information, it is hereby found               Amendment No. 2                                       Washington, DC 20555–0001, ATTN:
                                           that this rule, as hereinafter set forth,               AGENCY: Nuclear Regulatory                            Rulemakings and Adjudications Staff.
                                           will tend to effectuate the declared                                                                             • Hand deliver comments to: 11555
                                                                                                   Commission.
                                           policy of the Act.                                                                                            Rockville Pike, Rockville, Maryland
                                                                                                   ACTION: Direct final rule.
                                              Pursuant to 5 U.S.C. 553, it also found                                                                    20852, between 7:30 a.m. and 4:15 p.m.
                                           and determined that good cause exists                   SUMMARY:   The U.S. Nuclear Regulatory                (Eastern Time) Federal workdays;
                                           for not postposing the effective date of                Commission (NRC) is amending its                      telephone: 301–415–1677.
                                           this rule until 30 days after publication               spent fuel storage regulations by                        For additional direction on obtaining
                                           in the Federal Register because: (1) The                revising the Holtec International HI–                 information and submitting comments,
                                           2016–17 fiscal period began on August                   STORM Underground Maximum                             see ‘‘Obtaining Information and
                                           1, 2016, and the marketing order                        Capacity (UMAX) Canister Storage                      Submitting Comments’’ in the
                                                                                                   System listing within the ‘‘List of                   SUPPLEMENTARY INFORMATION section of
                                           requires that the rate of assessment for
                                           each fiscal period apply to all assessable              approved spent fuel storage casks’’ to                this document.
                                           Texas oranges and grapefruit handled                    include Amendment No. 2 to Certificate                FOR FURTHER INFORMATION CONTACT:
                                           during such fiscal period; (2) the                      of Compliance (CoC) No. 1040.                         Gregory R. Trussell, Office of Nuclear
                                           Committee needs to have sufficient                      Amendment No. 2 adds new fuel types                   Material Safety and Safeguards, U.S.
                                           funds to pay its expenses which are                     to the HI–STORM UMAX Canister                         Nuclear Regulatory Commission,
                                           incurred on a continuous basis; and (3)                 Storage System and updates an existing                Washington, DC 20555–0001; telephone:
                                           handlers are aware of this action which                 fuel type description. Additionally,                  301–415–6445, or email:
                                           was unanimously recommended by the                      Amendment No. 2 updates Table 3–4 of                  Gregory.Trussell@nrc.gov.
                                           Committee at a public meeting. Also, a                  Appendix B of the CoC to reflect correct              SUPPLEMENTARY INFORMATION:
                                           30-day comment period was provided                      terminology and makes editorial                       I. Obtaining Information and Submitting
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                                           for in the proposed rule.                               changes to Appendix B of the CoC to                         Comments
                                                                                                                                                         II. Procedural Background
                                                                                                   clarify the description of the top surface            III. Background
                                           List of Subjects in 7 CFR Part 906                      pad. Each of these changes is described               IV. Discussion of Changes
                                             Grapefruit, Marketing agreements,                     in Section IV, ‘‘Discussion of Changes,’’             V. Voluntary Consensus Standards
                                           Oranges, Reporting and recordkeeping                    in the SUPPLEMENTARY INFORMATION                      VI. Agreement State Compatibility
                                           requirements.                                           section of this document.                             VII. Plain Writing



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Document Created: 2018-02-13 16:38:19
Document Modified: 2018-02-13 16:38:19
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective October 26, 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 73333 
CFR AssociatedGrapefruit; Marketing Agreements; Oranges and Reporting and Recordkeeping Requirements

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