82_FR_13790 82 FR 13741 - Tomatoes Grown in Florida; Increased Assessment Rate

82 FR 13741 - Tomatoes Grown in Florida; Increased Assessment Rate

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 82, Issue 49 (March 15, 2017)

Page Range13741-13743
FR Document2017-04979

This rule implements a recommendation from the Florida Tomato Committee (Committee) for an increase in the assessment rate established for the 2016-17 and subsequent fiscal periods from $0.03 to $0.035 per 25-pound carton of tomatoes handled under the marketing order (order). The Committee locally administers the order and is comprised of producers of tomatoes operating within the area of production. Assessments upon Florida tomato 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 82 Issue 49 (Wednesday, March 15, 2017)
[Federal Register Volume 82, Number 49 (Wednesday, March 15, 2017)]
[Rules and Regulations]
[Pages 13741-13743]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04979]



========================================================================
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. 

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


Federal Register / Vol. 82, No. 49 / Wednesday, March 15, 2017 / 
Rules and Regulations

[[Page 13741]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 966

[Doc. No. AMS-SC-16-0088; SC16-966-1 FR]


Tomatoes Grown in Florida; Increased Assessment Rate

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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

SUMMARY: This rule implements a recommendation from the Florida Tomato 
Committee (Committee) for an increase in the assessment rate 
established for the 2016-17 and subsequent fiscal periods from $0.03 to 
$0.035 per 25-pound carton of tomatoes handled under the marketing 
order (order). The Committee locally administers the order and is 
comprised of producers of tomatoes operating within the area of 
production. Assessments upon Florida tomato 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 March 16, 2017.

FOR FURTHER INFORMATION CONTACT: Steven W. Kauffman, Marketing 
Specialist, or Christian D. Nissen, Regional Director, Southeast 
Marketing Field Office, Marketing Order and Agreement Division, 
Specialty Crops Program, AMS, USDA; Telephone: (863) 324-3375, Fax: 
(863) 291-8614, or Email: [email protected] or 
[email protected].
    Small businesses may 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 No. 125 and Order No. 966, both as amended (7 CFR part 966), 
regulating the handling of tomatoes grown in Florida, hereinafter 
referred to as the ``order.'' The order is effective under the 
Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-
674), hereinafter referred to as the ``Act.''
    The Department of Agriculture (USDA) is issuing this rule in 
conformance with Executive Orders 12866, 13563, and 13175.
    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. Under the marketing order now in effect, Florida tomato 
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 Florida tomatoes 
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 $0.03 to 
$0.035 per 25-pound carton of tomatoes.
    The Florida tomato 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 of Florida 
tomatoes. 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 August 16, 2016, and unanimously recommended 
2016-17 expenditures of $1,494,600 and an assessment rate of $0.035 per 
25-pound carton of tomatoes. In comparison, last year's budgeted 
expenditures were $1,513,177. The assessment rate of $0.035 is $0.005 
higher than the rate currently in effect. At the current assessment 
rate, assessment income would equal only $990,000, an amount 
insufficient to cover the Committee's anticipated expenditures of 
$1,494,600. 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 $450,000 for salaries, $400,000 for research, and $400,000 
for education and promotion. Budgeted expenses for these items in 2015-
16 were $435,377, $400,000, and $400,000, respectively.
    The assessment rate recommended by the Committee was derived by 
dividing anticipated expenses by expected shipments of Florida 
tomatoes. Florida tomato shipments for the 2016-17 year are estimated 
at 33 million 25-pound cartons, which should provide $1,155,000 in 
assessment income. Income derived from handler assessments, along with 
interest income, block grants, and funds from the Committee's 
authorized reserve, should be adequate to cover budgeted expenses. 
Funds in the reserve (approximately $999,361) will be kept within the 
maximum permitted by the order of no

[[Page 13742]]

more than approximately one fiscal period's expenses as stated in Sec.  
966.44.
    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 100 producers of tomatoes in the production 
area and approximately 80 handlers subject to regulation under the 
marketing order. Small agricultural producers are defined by the Small 
Business Administration (SBA) as those having annual receipts less than 
$750,000, and small agricultural service firms are defined as those 
whose annual receipts are less than $7,500,000 (13 CFR 121.201).
    Based on industry and Committee data, the average annual price for 
fresh Florida tomatoes during the 2015-16 season was approximately 
$11.27 per 25-pound carton, and total fresh shipments were 
approximately 28.2 million cartons. Using the average price and 
shipment information, number of handlers, and assuming a normal 
distribution, the majority of handlers have average annual receipts 
below $7,500,000. In addition, based on production data, an estimated 
grower price of $6.25, and the total number of Florida tomato growers, 
the average annual grower revenue is above $750,000. Thus, a majority 
of the handlers of Florida tomatoes may be classified as small entities 
while a majority of the producers may be classified as large entities.
    This rule increases the assessment rate established for the 
Committee and collected from handlers for the 2016-17 and subsequent 
fiscal periods from $0.03 to $0.035 per 25-pound carton of tomatoes. 
The Committee unanimously recommended 2016-17 expenditures of 
$1,494,600 and an assessment rate of $0.035 per 25-pound carton 
handled. The assessment rate of $0.035 is $.005 higher than the 2015-16 
rate. The quantity of assessable tomatoes for the 2016-17 season is 
estimated at 33 million 25-pound cartons. Thus, the $0.035 rate should 
provide $1,155,000 in assessment income. Income derived from handler 
assessments, along with funds from interest income, MAP funds, and 
block grants, should provide sufficient funds to meet this year's 
anticipated expenses.
    The major expenditures recommended by the Committee for the 2016-17 
year include $450,000 for salaries, $400,000 for research, and $400,000 
for education and promotion. Budgeted expenses for these items in 2015-
16 were $435,377, $400,000, and $400,000, respectively.
    At the current assessment rate, assessment income would equal only 
$990,000, an amount insufficient to cover the Committee's anticipated 
expenditures of $1,494,600. 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 
Executive Subcommittee, Research Subcommittee, and Education and 
Promotion Subcommittee. Alternative expenditure levels were discussed 
by these groups, based upon the relative value of various activities to 
the tomato industry. The Committee determined that 2016-17 expenditures 
of $1,494,600 were appropriate, and the recommended assessment rate, 
along with funds from interest income, block grants, and funds from 
reserves, should be adequate to cover budgeted expenses.
    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 approximately $6.50 per 25-pound 
carton of tomatoes. Therefore, the estimated assessment revenue for the 
2016-17 crop year as a percentage of total grower revenue could be 
approximately 0.5 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. In addition, the Committee's meeting was widely publicized 
throughout the Florida tomato industry and all interested persons were 
invited to attend the meeting and participate in Committee 
deliberations on all issues. Like all Committee meetings, the August 
16, 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. 0581-0178 Vegetable and Specialty Crops. No changes in 
those requirements as a result of this action are necessary. Should any 
changes become necessary, they would be submitted to OMB for approval.
    This rule imposes no additional reporting or recordkeeping 
requirements on either small or large Florida tomato handlers. As with 
all Federal marketing order programs, reports and forms are 
periodically reviewed to reduce information requirements and 
duplication by industry and public sector agencies. 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 November 23, 2016 (81 FR 84507). Copies of the proposed 
rule were also mailed or sent via facsimile to all Florida tomato 
handlers. Finally, the

[[Page 13743]]

proposal was made available through the internet by USDA and the Office 
of the Federal Register. A 15-day comment period ending December 8, 
2016, was provided for interested persons to respond to the proposal. 
One comment was received. The commenter opposes the assessment rate and 
stated the government should not raise the assessment. The marketing 
order for Florida tomatoes was established at the request of the 
industry and is locally administered by the Committee, which is made up 
of growers nominated by their peers. The Committee requires funds to 
operate the program. The current assessment rate will not provide 
sufficient funds to cover anticipated expenses and the Committee voted 
unanimously to increase the assessment rate. Accordingly, no changes 
will be made to the rule as proposed, based on the comment 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 is also found and determined that good 
cause exists for not postponing the effective date of this rule until 
30 days after publication in the Federal Register because handlers are 
already receiving 2016-17 crop tomatoes from growers. The crop year 
began August 1, 2016, and the marketing order requires that the rate of 
assessment for each fiscal period apply to all assessable Florida 
tomatoes handled during such fiscal period. Also, the Committee incurs 
expenses on a continuing basis. Further, handlers are aware of this 
rule, which was unanimously recommended at a public meeting, and a 15-
day comment period was provided for in the proposed rule.

List of Subjects in 7 CFR Part 966

    Marketing agreements, Reporting and recordkeeping requirements, 
Tomatoes.

    For the reasons set forth in the preamble, 7 CFR part 966 is 
amended as follows:

PART 966--TOMATOES GROWN IN FLORIDA

0
1. The authority citation for 7 CFR part 966 continues to read as 
follows:

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

0
2. Section 966.234 is revised to read as follows:


Sec.  966.234  Assessment rate.

    On and after August 1, 2016, an assessment rate of $0.035 per 25-
pound carton is established for Florida tomatoes.

    Dated: March 9, 2017.
Bruce Summers,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2017-04979 Filed 3-14-17; 8:45 am]
 BILLING CODE 3410-02-P



                                                                                                                                                                                            13741

                                             Rules and Regulations                                                                                         Federal Register
                                                                                                                                                           Vol. 82, No. 49

                                                                                                                                                           Wednesday, March 15, 2017



                                             This section of the FEDERAL REGISTER                    DC 20250–0237; Telephone: (202) 720–                  administer the program. The members
                                             contains regulatory documents having general            2491, Fax: (202) 720–8938, or Email:                  of the Committee are producers of
                                             applicability and legal effect, most of which           Richard.Lower@ams.usda.gov.                           Florida tomatoes. They are familiar with
                                             are keyed to and codified in the Code of                                                                      the Committee’s needs and with the
                                                                                                     SUPPLEMENTARY INFORMATION: This rule
                                             Federal Regulations, which is published under                                                                 costs for goods and services in their
                                             50 titles pursuant to 44 U.S.C. 1510.                   is issued under Marketing Agreement
                                                                                                     No. 125 and Order No. 966, both as                    local area and are thus in a position to
                                             The Code of Federal Regulations is sold by              amended (7 CFR part 966), regulating                  formulate an appropriate budget and
                                             the Superintendent of Documents.                        the handling of tomatoes grown in                     assessment rate. The assessment rate is
                                                                                                     Florida, hereinafter referred to as the               formulated and discussed in a public
                                                                                                     ‘‘order.’’ The order is effective under the           meeting. Thus, all directly affected
                                             DEPARTMENT OF AGRICULTURE                               Agricultural Marketing Agreement Act                  persons have an opportunity to
                                                                                                     of 1937, as amended (7 U.S.C. 601–674),               participate and provide input.
                                             Agricultural Marketing Service                                                                                  For the 2015–16 and subsequent fiscal
                                                                                                     hereinafter referred to as the ‘‘Act.’’
                                                                                                        The Department of Agriculture                      periods, the Committee recommended,
                                             7 CFR Part 966                                                                                                and USDA approved, an assessment rate
                                                                                                     (USDA) is issuing this rule in
                                             [Doc. No. AMS–SC–16–0088; SC16–966–1                    conformance with Executive Orders                     that would continue in effect from fiscal
                                             FR]                                                     12866, 13563, and 13175.                              period to fiscal period unless modified,
                                                                                                        This rule has been reviewed under                  suspended, or terminated by USDA
                                             Tomatoes Grown in Florida; Increased                    Executive Order 12988, Civil Justice                  upon recommendation and information
                                             Assessment Rate                                         Reform. Under the marketing order now                 submitted by the Committee or other
                                             AGENCY:  Agricultural Marketing Service,                in effect, Florida tomato handlers are                information available to USDA.
                                             USDA.                                                   subject to assessments. Funds to                        The Committee met on August 16,
                                             ACTION: Final rule.                                     administer the order are derived from                 2016, and unanimously recommended
                                                                                                     such assessments. It is intended that the             2016–17 expenditures of $1,494,600 and
                                             SUMMARY:   This rule implements a                       assessment rate as issued herein will be              an assessment rate of $0.035 per 25-
                                             recommendation from the Florida                         applicable to all assessable Florida                  pound carton of tomatoes. In
                                             Tomato Committee (Committee) for an                     tomatoes beginning on August 1, 2016,                 comparison, last year’s budgeted
                                             increase in the assessment rate                         and continue until amended,                           expenditures were $1,513,177. The
                                             established for the 2016–17 and                         suspended, or terminated.                             assessment rate of $0.035 is $0.005
                                             subsequent fiscal periods from $0.03 to                    The Act provides that administrative               higher than the rate currently in effect.
                                             $0.035 per 25-pound carton of tomatoes                  proceedings must be exhausted before                  At the current assessment rate,
                                             handled under the marketing order                       parties may file suit in court. Under                 assessment income would equal only
                                             (order). The Committee locally                          section 608c(15)(A) of the Act, any                   $990,000, an amount insufficient to
                                             administers the order and is comprised                  handler subject to an order may file                  cover the Committee’s anticipated
                                             of producers of tomatoes operating                      with USDA a petition stating that the                 expenditures of $1,494,600. The
                                             within the area of production.                          order, any provision of the order, or any             Committee considered the proposed
                                             Assessments upon Florida tomato                         obligation imposed in connection with                 expenses and recommended increasing
                                             handlers are used by the Committee to                   the order is not in accordance with law               the assessment rate.
                                             fund reasonable and necessary expenses                  and request a modification of the order                 The major expenditures
                                             of the program. The fiscal period begins                or to be exempted therefrom. Such                     recommended by the Committee for the
                                             August 1 and ends July 31. The                          handler is afforded the opportunity for               2016–17 year include $450,000 for
                                             assessment rate will remain in effect                   a hearing on the petition. After the                  salaries, $400,000 for research, and
                                             indefinitely unless modified,                           hearing, USDA would rule on the                       $400,000 for education and promotion.
                                             suspended, or terminated.                               petition. The Act provides that the                   Budgeted expenses for these items in
                                             DATES: Effective March 16, 2017.                        district court of the United States in any            2015–16 were $435,377, $400,000, and
                                             FOR FURTHER INFORMATION CONTACT:                        district in which the handler is an                   $400,000, respectively.
                                             Steven W. Kauffman, Marketing                           inhabitant, or has his or her principal                 The assessment rate recommended by
                                             Specialist, or Christian D. Nissen,                     place of business, has jurisdiction to                the Committee was derived by dividing
                                             Regional Director, Southeast Marketing                  review USDA’s ruling on the petition,                 anticipated expenses by expected
                                             Field Office, Marketing Order and                       provided an action is filed not later than            shipments of Florida tomatoes. Florida
                                             Agreement Division, Specialty Crops                     20 days after the date of the entry of the            tomato shipments for the 2016–17 year
                                             Program, AMS, USDA; Telephone: (863)                    ruling.                                               are estimated at 33 million 25-pound
                                             324–3375, Fax: (863) 291–8614, or                          This rule increases the assessment                 cartons, which should provide
                                             Email: Steven.Kauffman@ams.usda.gov                     rate established for the Committee for                $1,155,000 in assessment income.
                                             or Christian.Nissen@ams.usda.gov.                       the 2016–17 and subsequent fiscal                     Income derived from handler
                                               Small businesses may request                          periods from $0.03 to $0.035 per 25-                  assessments, along with interest income,
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                                             information on complying with this                      pound carton of tomatoes.                             block grants, and funds from the
                                             regulation by contacting Richard Lower,                    The Florida tomato marketing order                 Committee’s authorized reserve, should
                                             Marketing Order and Agreement                           provides authority for the Committee,                 be adequate to cover budgeted expenses.
                                             Division, Specialty Crops Program,                      with the approval of USDA, to formulate               Funds in the reserve (approximately
                                             AMS, USDA, 1400 Independence                            an annual budget of expenses and                      $999,361) will be kept within the
                                             Avenue SW., STOP 0237, Washington,                      collect assessments from handlers to                  maximum permitted by the order of no


                                        VerDate Sep<11>2014   14:21 Mar 14, 2017   Jkt 241001   PO 00000   Frm 00001   Fmt 4700   Sfmt 4700   E:\FR\FM\15MRR1.SGM   15MRR1


                                             13742            Federal Register / Vol. 82, No. 49 / Wednesday, March 15, 2017 / Rules and Regulations

                                             more than approximately one fiscal                      shipments were approximately 28.2                     from reserves, should be adequate to
                                             period’s expenses as stated in § 966.44.                million cartons. Using the average price              cover budgeted expenses.
                                               The assessment rate established in                    and shipment information, number of                      A review of historical information and
                                             this rule will continue in effect                       handlers, and assuming a normal                       preliminary information pertaining to
                                             indefinitely unless modified,                           distribution, the majority of handlers                the upcoming crop year indicates that
                                             suspended, or terminated by USDA                        have average annual receipts below                    the average grower price for the 2016–
                                             upon recommendation and information                     $7,500,000. In addition, based on                     17 season could be approximately $6.50
                                             submitted by the Committee or other                     production data, an estimated grower                  per 25-pound carton of tomatoes.
                                             available information.                                  price of $6.25, and the total number of               Therefore, the estimated assessment
                                               Although this assessment rate will be                 Florida tomato growers, the average                   revenue for the 2016–17 crop year as a
                                             in effect for an indefinite period, the                 annual grower revenue is above                        percentage of total grower revenue
                                             Committee will continue to meet prior                   $750,000. Thus, a majority of the                     could be approximately 0.5 percent.
                                             to or during each fiscal period to                      handlers of Florida tomatoes may be                      This action increases the assessment
                                             recommend a budget of expenses and                      classified as small entities while a                  obligation imposed on handlers. While
                                             consider recommendations for                            majority of the producers may be                      assessments impose some additional
                                             modification of the assessment rate. The                classified as large entities.                         costs on handlers, the costs are minimal
                                             dates and times of Committee meetings                     This rule increases the assessment                  and uniform on all handlers. Some of
                                             are available from the Committee or                     rate established for the Committee and                the additional costs may be passed on
                                             USDA. Committee meetings are open to                    collected from handlers for the 2016–17               to producers. However, these costs are
                                             the public and interested persons may                   and subsequent fiscal periods from                    offset by the benefits derived by the
                                             express their views at these meetings.                  $0.03 to $0.035 per 25-pound carton of                operation of the marketing order. In
                                             USDA will evaluate Committee                            tomatoes. The Committee unanimously                   addition, the Committee’s meeting was
                                             recommendations and other available                     recommended 2016–17 expenditures of                   widely publicized throughout the
                                             information to determine whether                        $1,494,600 and an assessment rate of                  Florida tomato industry and all
                                             modification of the assessment rate is                  $0.035 per 25-pound carton handled.                   interested persons were invited to
                                             needed. Further rulemaking will be                      The assessment rate of $0.035 is $.005                attend the meeting and participate in
                                             undertaken as necessary. The                                                                                  Committee deliberations on all issues.
                                                                                                     higher than the 2015–16 rate. The
                                             Committee’s 2016–17 budget and those                                                                          Like all Committee meetings, the August
                                                                                                     quantity of assessable tomatoes for the
                                             for subsequent fiscal periods would be                                                                        16, 2016, meeting was a public meeting
                                                                                                     2016–17 season is estimated at 33
                                             reviewed and, as appropriate, approved                                                                        and all entities, both large and small,
                                                                                                     million 25-pound cartons. Thus, the
                                             by USDA.                                                                                                      were able to express views on this issue.
                                                                                                     $0.035 rate should provide $1,155,000                    In accordance with the Paperwork
                                             Final Regulatory Flexibility Analysis                   in assessment income. Income derived                  Reduction Act of 1995 (44 U.S.C.
                                                Pursuant to requirements set forth in                from handler assessments, along with                  Chapter 35), the order’s information
                                             the Regulatory Flexibility Act (RFA) (5                 funds from interest income, MAP funds,                collection requirements have been
                                             U.S.C. 601–612), the Agricultural                       and block grants, should provide                      previously approved by the Office of
                                             Marketing Service (AMS) has                             sufficient funds to meet this year’s                  Management and Budget (OMB) and
                                             considered the economic impact of this                  anticipated expenses.                                 assigned OMB No. 0581–0178 Vegetable
                                             rule on small entities. Accordingly,                      The major expenditures                              and Specialty Crops. No changes in
                                             AMS has prepared this final regulatory                  recommended by the Committee for the                  those requirements as a result of this
                                             flexibility analysis.                                   2016–17 year include $450,000 for                     action are necessary. Should any
                                                The purpose of the RFA is to fit                     salaries, $400,000 for research, and                  changes become necessary, they would
                                             regulatory actions to the scale of                      $400,000 for education and promotion.                 be submitted to OMB for approval.
                                             businesses subject to such actions in                   Budgeted expenses for these items in                     This rule imposes no additional
                                             order that small businesses will not be                 2015–16 were $435,377, $400,000, and                  reporting or recordkeeping requirements
                                             unduly or disproportionately burdened.                  $400,000, respectively.                               on either small or large Florida tomato
                                             Marketing orders issued pursuant to the                   At the current assessment rate,                     handlers. As with all Federal marketing
                                             Act, and the rules issued thereunder, are               assessment income would equal only                    order programs, reports and forms are
                                             unique in that they are brought about                   $990,000, an amount insufficient to                   periodically reviewed to reduce
                                             through group action of essentially                     cover the Committee’s anticipated                     information requirements and
                                             small entities acting on their own                      expenditures of $1,494,600. The                       duplication by industry and public
                                             behalf.                                                 Committee considered the proposed                     sector agencies. As noted in the initial
                                                There are approximately 100                          expenses and recommended increasing                   regulatory flexibility analysis, USDA
                                             producers of tomatoes in the production                 the assessment rate.                                  has not identified any relevant Federal
                                             area and approximately 80 handlers                        Prior to arriving at this budget and                rules that duplicate, overlap, or conflict
                                             subject to regulation under the                         assessment rate, the Committee                        with this final rule.
                                             marketing order. Small agricultural                     considered information from various                      AMS is committed to complying with
                                             producers are defined by the Small                      sources, such as the Committee’s                      the E-Government Act, to promote the
                                             Business Administration (SBA) as those                  Executive Subcommittee, Research                      use of the internet and other
                                             having annual receipts less than                        Subcommittee, and Education and                       information technologies to provide
                                             $750,000, and small agricultural service                Promotion Subcommittee. Alternative                   increased opportunities for citizen
                                             firms are defined as those whose annual                 expenditure levels were discussed by                  access to Government information and
                                             receipts are less than $7,500,000 (13                   these groups, based upon the relative                 services, and for other purposes.
rmajette on DSK30RV082PROD with RULES




                                             CFR 121.201).                                           value of various activities to the tomato                A proposed rule concerning this
                                                Based on industry and Committee                      industry. The Committee determined                    action was published in the Federal
                                             data, the average annual price for fresh                that 2016–17 expenditures of $1,494,600               Register on November 23, 2016 (81 FR
                                             Florida tomatoes during the 2015–16                     were appropriate, and the recommended                 84507). Copies of the proposed rule
                                             season was approximately $11.27 per                     assessment rate, along with funds from                were also mailed or sent via facsimile to
                                             25-pound carton, and total fresh                        interest income, block grants, and funds              all Florida tomato handlers. Finally, the


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                                                              Federal Register / Vol. 82, No. 49 / Wednesday, March 15, 2017 / Rules and Regulations                                          13743

                                             proposal was made available through                     PART 966—TOMATOES GROWN IN                            Federal eRulemaking Portal, please also
                                             the internet by USDA and the Office of                  FLORIDA                                               send it by email to FHFA at
                                             the Federal Register. A 15-day comment                                                                        RegComments@fhfa.gov to ensure
                                             period ending December 8, 2016, was                     ■ 1. The authority citation for 7 CFR                 timely receipt by FHFA. Include the
                                             provided for interested persons to                      part 966 continues to read as follows:                following information in the subject line
                                             respond to the proposal. One comment                        Authority: 7 U.S.C. 601–674.                      of your submission: ‘‘Comments/RIN
                                             was received. The commenter opposes                     ■ 2. Section 966.234 is revised to read               2590–AA86.’’
                                             the assessment rate and stated the                      as follows:                                              • Hand Delivery/Courier to: Alfred M.
                                             government should not raise the                                                                               Pollard, General Counsel, Attention:
                                             assessment. The marketing order for                     § 966.234    Assessment rate.                         Comments/RIN 2590–AA86, Federal
                                             Florida tomatoes was established at the                   On and after August 1, 2016, an                     Housing Finance Agency, 400 Seventh
                                             request of the industry and is locally                  assessment rate of $0.035 per 25-pound                Street SW., Eighth Floor, Washington,
                                             administered by the Committee, which                    carton is established for Florida                     DC 20219. The package must be logged
                                             is made up of growers nominated by                      tomatoes.                                             at the Guard Desk, First Floor, on
                                             their peers. The Committee requires                       Dated: March 9, 2017.                               business days between 9 a.m. and 5 p.m.
                                             funds to operate the program. The                       Bruce Summers,
                                                                                                                                                              • U.S. Mail Service, United Parcel
                                             current assessment rate will not provide                                                                      Service, Federal Express, or other
                                                                                                     Acting Administrator, Agricultural Marketing
                                             sufficient funds to cover anticipated                   Service.
                                                                                                                                                           commercial delivery service to: Alfred
                                             expenses and the Committee voted                                                                              M. Pollard, General Counsel, Attention:
                                                                                                     [FR Doc. 2017–04979 Filed 3–14–17; 8:45 am]
                                             unanimously to increase the assessment                                                                        Comments/RIN 2590–AA86, Federal
                                                                                                     BILLING CODE 3410–02–P
                                             rate. Accordingly, no changes will be                                                                         Housing Finance Agency, 400 Seventh
                                             made to the rule as proposed, based on                                                                        Street SW., Eighth Floor, Washington,
                                             the comment received.                                                                                         DC 20219. Please note that all mail sent
                                                                                                     FEDERAL HOUSING FINANCE                               to FHFA via the U.S. Mail service is
                                                A small business guide on complying
                                                                                                     AGENCY                                                routed through a national irradiation
                                             with fruit, vegetable, and specialty crop
                                             marketing agreements and orders may                                                                           facility, a process that may delay
                                                                                                     12 CFR Part 1202
                                             be viewed at: http://www.ams.usda.gov/                                                                        delivery by approximately two weeks.
                                             rules-regulations/moa/small-businesses.                 RIN 2590–AA86                                         For any time-sensitive correspondence,
                                             Any questions about the compliance                                                                            please plan accordingly.
                                                                                                     Freedom of Information Act                            FOR FURTHER INFORMATION CONTACT:
                                             guide should be sent to Richard Lower
                                                                                                     Implementation                                        David A. Lee, Chief FOIA Officer, (202)
                                             at the previously mentioned address in
                                             the FOR FURTHER INFORMATION CONTACT                     AGENCY:  Federal Housing Finance                      649–3803, or Stacy J. Easter, FOIA
                                             section.                                                Agency.                                               Officer (202) 649–3803, (not toll free
                                                After consideration of all relevant                  ACTION: Interim final rule with request               numbers), Federal Housing Finance
                                             material presented, including the                       for comments.                                         Agency, 400 Seventh Street SW., Eighth
                                             information and recommendation                                                                                Floor, Washington, DC 20219, or FOIA@
                                             submitted by the Committee and other                    SUMMARY:    The Federal Housing Finance               fhfa.gov. The telephone number for the
                                             available information, it is hereby found               Agency (FHFA) is issuing this interim                 Telecommunications Device for the Deaf
                                             that this rule, as hereinafter set forth,               final rule to amend its existing Freedom              is (800) 877–8339.
                                             will tend to effectuate the declared                    of Information Act (FOIA) regulation.                 SUPPLEMENTARY INFORMATION:
                                             policy of the Act.                                      The amendments incorporate the
                                                                                                     requirements of the FOIA Improvement                  I. Comments
                                                Pursuant to 5 U.S.C. 553, it is also                 Act of 2016 by giving notice of the                     FHFA is amending its FOIA
                                             found and determined that good cause                    circumstances under which FHFA may                    regulation at 12 CFR part 1202 to
                                             exists for not postponing the effective                 extend the time limit for responding to               incorporate changes made to the FOIA,
                                             date of this rule until 30 days after                   a FOIA request due to unusual                         5 U.S.C. 552, by the FOIA Improvement
                                             publication in the Federal Register                     circumstance; notifying a requester of                Act of 2016, Public Law 114–185, 130
                                             because handlers are already receiving                  their right to seek dispute resolution                Stat. 538 (June 30, 2016) (Act). The
                                             2016–17 crop tomatoes from growers.                     services; affording a requester a                     primary changes to the FOIA made by
                                             The crop year began August 1, 2016,                     minimum of 90 days to file an                         the Act include codifying the
                                             and the marketing order requires that                   administrative appeal; and clarifying                 foreseeable harm standard when making
                                             the rate of assessment for each fiscal                  and updating the existing regulation.                 a determination whether to release
                                             period apply to all assessable Florida
                                                                                                     DATES: The interim final rule is effective            agency records under Exemption 5;
                                             tomatoes handled during such fiscal
                                                                                                     on March 15, 2017. FHFA will accept                   notifying requesters of the availability of
                                             period. Also, the Committee incurs
                                                                                                     written comments on the interim final                 dispute resolutions services at various
                                             expenses on a continuing basis. Further,
                                                                                                     rule on or before May 15, 2017. For                   times throughout the FOIA process;
                                             handlers are aware of this rule, which
                                                                                                     additional information, see                           providing a minimum of 90 days for
                                             was unanimously recommended at a
                                                                                                     SUPPLEMENTARY INFORMATION.                            requesters to file an administrative
                                             public meeting, and a 15-day comment
                                                                                                     ADDRESSES: You may submit your                        appeal; incorporating the new statutory
                                             period was provided for in the proposed
                                                                                                     comments on the interim final rule,                   restrictions on charging fees in certain
                                             rule.
                                                                                                     identified by ‘‘RIN 2590–AA86,’’ by any               circumstances, and reflecting recent
                                             List of Subjects in 7 CFR Part 966                      of the following methods:                             developments in the case law.
rmajette on DSK30RV082PROD with RULES




                                                                                                        • Agency Web site: www.fhfa.gov/                     FHFA invites comments on all aspects
                                               Marketing agreements, Reporting and                                                                         of the interim final rule and will take all
                                                                                                     open-for-comment-or-input.
                                             recordkeeping requirements, Tomatoes.                      • Federal eRulemaking Portal: http://              relevant comments into consideration
                                               For the reasons set forth in the                      www.regulations.gov. Follow the                       before issuing the final regulation. All
                                             preamble, 7 CFR part 966 is amended as                  instructions for submitting comments. If              submissions received must include the
                                             follows:                                                you submit your comment to the                        agency name or Regulatory Information


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Document Created: 2017-03-15 06:04:35
Document Modified: 2017-03-15 06:04:35
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 March 16, 2017.
ContactSteven W. Kauffman, Marketing Specialist, or Christian D. Nissen, Regional Director, Southeast Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (863) 324-3375, Fax: (863) 291-8614, or Email: [email protected] or [email protected]
FR Citation82 FR 13741 
CFR AssociatedMarketing Agreements; Reporting and Recordkeeping Requirements and Tomatoes

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