82_FR_43893 82 FR 43713 - Onions Grown in South Texas; Increased Assessment Rate

82 FR 43713 - Onions Grown in South Texas; Increased Assessment Rate

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 82, Issue 180 (September 19, 2017)

Page Range43713-43715
FR Document2017-19690

This proposed rule would implement a recommendation from the South Texas Onion Committee (Committee) to increase the assessment rate established for the 2017-18 and subsequent fiscal periods from $0.05 to $0.065 per 50-pound equivalent of onions handled under the marketing order (order). The Committee locally administers the order and is comprised of producers and handlers of onions operating within the area of production. Assessments upon onion handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins August 1 and ends July 31. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.

Federal Register, Volume 82 Issue 180 (Tuesday, September 19, 2017)
[Federal Register Volume 82, Number 180 (Tuesday, September 19, 2017)]
[Proposed Rules]
[Pages 43713-43715]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19690]


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

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

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


Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / 
Proposed Rules

[[Page 43713]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 959

[Doc. No. AMS-SC-17-0040; SC17-959-1 PR]


Onions Grown in South Texas; Increased Assessment Rate

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: This proposed rule would implement a recommendation from the 
South Texas Onion Committee (Committee) to increase the assessment rate 
established for the 2017-18 and subsequent fiscal periods from $0.05 to 
$0.065 per 50-pound equivalent of onions handled under the marketing 
order (order). The Committee locally administers the order and is 
comprised of producers and handlers of onions operating within the area 
of production. Assessments upon onion handlers are used by the 
Committee to fund reasonable and necessary expenses of the program. The 
fiscal period begins August 1 and ends July 31. The assessment rate 
would remain in effect indefinitely unless modified, suspended, or 
terminated.

DATES: Comments must be received by October 19, 2017.

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

FOR FURTHER INFORMATION CONTACT: Doris Jamieson, Marketing Specialist 
or Christian D. Nissen, Regional Director, Southeast Marketing Field 
Office, Marketing Order and Agreement Division, Specialty Crops 
Program, AMS, USDA; Telephone: (863) 324-3375, Fax: (863) 291-8614, or 
Email: Doris.Jamieson@ams.usda.gov or Christian.Nissen@ams.usda.gov.
    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: Richard.Lower@ams.usda.gov.

SUPPLEMENTARY INFORMATION: This proposed rule is issued under Marketing 
Order No. 959, as amended (7 CFR part 959), regulating the handling of 
onions grown in South Texas, hereinafter referred to as the ``order.'' 
The order is effective under the Agricultural Marketing Agreement Act 
of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the 
``Act.''
    The Department of Agriculture (USDA) is issuing this proposed rule 
in conformance with Executive Orders 13563 and 13175. This rule does 
not meet the definition of a significant regulatory action contained in 
section 3(f) of Executive Order 12866 and is not subject to review by 
the Office of Management and Budget (OMB). Additionally, because this 
rule does not meet the definition of a significant regulatory action, 
it does not trigger the requirements contained in Executive Order 
13771. See OMB's Memorandum titled ``Interim Guidance Implementing 
Section 2 of the Executive Order of January 30, 2017, titled `Reducing 
Regulation and Controlling Regulatory Costs' '' (February 2, 2017).
    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. Under the marketing order now in effect, South 
Texas onion handlers are subject to assessments. Funds to administer 
the order are derived from such assessments. It is intended that the 
assessment rate as proposed herein would be applicable to all 
assessable onions beginning on August 1, 2017, and continue until 
amended, suspended, or terminated.
    The Act provides that administrative proceedings must be exhausted 
before parties may file suit in court. Under section 608c(15)(A) of the 
Act, any handler subject to an order may file with USDA a petition 
stating that the order, any provision of the order, or any obligation 
imposed in connection with the order is not in accordance with law and 
request a modification of the order or to be exempted therefrom. Such 
handler is afforded the opportunity for a hearing on the petition. 
After the hearing, USDA would rule on the petition. The Act provides 
that the district court of the United States in any district in which 
the handler is an inhabitant, or has his or her principal place of 
business, has jurisdiction to review USDA's ruling on the petition, 
provided an action is filed not later than 20 days after the date of 
the entry of the ruling.
    This proposed rule would increase the assessment rate established 
for the Committee for the 2017-18 and subsequent fiscal periods from 
$0.05 to $0.065 per 50-pound equivalent of onions.
    The South Texas onion 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 
South Texas onions. 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

[[Page 43714]]

submitted by the Committee or other information available to USDA.
    The Committee met on June 7, 2017, and unanimously recommended 
2017-18 expenditures of $149,807, the same as budgeted last fiscal 
year, and an assessment rate of $0.065 per 50-pound equivalent of 
onions. The assessment rate of $0.065 is $0.015 higher than the rate 
currently in effect. The Committee recommended the increase so 
assessments would be sufficient to cover the Committee's anticipated 
expenditures while providing additional funds to help replenish the 
Committee's reserve fund, which has been depleted due to declines in 
production. With the Committee's recommended $0.015 increase and 
estimated shipments of approximately three million 50-pound 
equivalents, assessment income should be approximately $195,000.
    The major expenditures recommended by the Committee for the 2017-18 
fiscal year include $50,000 for compliance, $37,050 for administrative, 
and $32,942 for management costs. Budgeted expenses for these items 
were the same in 2016-17.
    The assessment rate recommended by the Committee was derived by 
considering anticipated expenses, expected shipments of South Texas 
onions, and the level of funds in reserve. As mentioned earlier, onion 
shipments for the year are estimated at three million 50-pound 
equivalents, which should provide $195,000 in assessment income. Income 
derived from handler assessments would be adequate to cover budgeted 
expenses. The Committee currently has no money in reserves.
    The proposed assessment rate would continue in effect indefinitely 
unless modified, suspended, or terminated by USDA upon recommendation 
and information submitted by the Committee or other available 
information.
    Although this assessment rate would be in effect for an indefinite 
period, the Committee would continue to meet prior to or during each 
fiscal period to recommend a budget of expenses and consider 
recommendations for modification of the assessment rate. The dates and 
times of Committee meetings are available from the Committee or USDA. 
Committee meetings are open to the public, and interested persons may 
express their views at these meetings. USDA would evaluate Committee 
recommendations and other available information to determine whether 
modification of the assessment rate is needed. Further rulemaking would 
be undertaken as necessary. The Committee's 2017-18 budget and those 
for subsequent fiscal periods would be reviewed and, as appropriate, 
approved by USDA.

Initial Regulatory Flexibility Analysis

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS) 
has considered the economic impact of this proposed rule on small 
entities. Accordingly, AMS has prepared this initial regulatory 
flexibility analysis.
    The purpose of the RFA is to fit regulatory actions to the scale of 
businesses subject to such actions in order that small businesses will 
not be unduly or disproportionately burdened. Marketing orders issued 
pursuant to the Act, and the rules issued thereunder, are unique in 
that they are brought about through group action of essentially small 
entities acting on their own behalf.
    There are approximately 60 producers of onions in the production 
area and approximately 30 handlers subject to regulation under the 
marketing order. Small agricultural producers are defined by the Small 
Business Administration 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 information from the National Agricultural Statistics 
Service, the weighted grower price for South Texas onions during the 
2015-16 season was around $12.30 per 50-pound equivalent. According to 
Committee data, total shipments were around three million 50-pound 
equivalents. 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. The average handler price 
for South Texas onions during the 2015-16 season was around $14.05 per 
50-pound equivalent. Using the average price and shipment information, 
the number of handlers, and assuming a normal distribution, the 
majority of handlers would have average annual receipts of less than 
$7,500,000. Thus, the majority of South Texas onion producers and 
handlers may be classified as small entities.
    This proposal would increase the assessment rate collected from 
handlers for the 2017-18 and subsequent fiscal periods from $0.05 to 
$0.065 per 50-pound equivalent of Texas onions. The Committee 
unanimously recommended 2017-18 expenditures of $149,807 and an 
assessment rate of $0.065 per 50-pound equivalent. The proposed 
assessment rate of $0.065 is $0.015 higher than the 2016-17 rate. The 
quantity of assessable onions for the 2017-18 fiscal period is 
estimated at three million 50-pound equivalents. Thus, the $0.065 rate 
should provide $195,000 in assessment income and be adequate to meet 
this year's expenses.
    The major expenditures recommended by the Committee for the 2017-18 
year include $50,000 for compliance, $37,050 for administrative, and 
$32,942 for management. Budgeted expenses for these items were the same 
in 2016-17.
    With the 2017-18 crop estimated to be three million 50-pound 
equivalents, the current assessment rate would be sufficient to cover 
the Committee's anticipated expenditures but would not provide any 
additional monies to help replenish the Committee's reserve fund, which 
has been depleted due to declines in production. The Committee 
considered the proposed expenses and the state of the reserve fund and 
recommended the assessment increase. With the Committee's recommended 
$0.015 increase, assessment income should be approximately $195,000 and 
be adequate to cover anticipated expenses and add funds to the 
authorized reserve.
    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. Alternative expenditure levels were 
discussed by these groups, based upon the relative value of various 
activities to the South Texas onion industry. The Committee ultimately 
determined that 2017-18 expenditures of $149,807 were appropriate, and 
the recommended assessment rate would generate sufficient revenue to 
meet its expenses.
    A review of historical information and preliminary information 
pertaining to the upcoming fiscal period indicates that the grower 
price for the 2017-18 season could be around $12.00 per 50-pound 
equivalent of Texas onions. Therefore, the estimated assessment revenue 
for the 2017-18 fiscal period as a percentage of total grower revenue 
could be about 0.5 percent.
    This action would increase the assessment obligation imposed on 
handlers. While assessments impose some additional costs on handlers, 
the costs are minimal and uniform on all handlers. Some of the 
additional costs may be passed on to producers. However, these costs 
would be offset by the benefits derived by the operation of the 
marketing order. In addition, the Committee's meeting was widely 
publicized throughout the South Texas onion industry, and all 
interested

[[Page 43715]]

persons were invited to attend the meeting and participate in Committee 
deliberations on all issues. Like all Committee meetings, the June 7, 
2017, meeting was a public meeting, and all entities, both large and 
small, were able to express views on this issue. Finally, interested 
persons are invited to submit comments on this proposed rule, including 
the regulatory and informational impacts of this action on small 
businesses.
    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
chapter 35), the order's information collection requirements have been 
previously approved by 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 proposed rule would impose no additional reporting or 
recordkeeping requirements on either small or large South Texas onion 
handlers. As with all Federal marketing order programs, reports and 
forms are periodically reviewed to reduce information requirements and 
duplication by industry and public sector agencies.
    AMS is committed to complying with the E-Government Act, to promote 
the use of the internet and other information technologies to provide 
increased opportunities for citizen access to Government information 
and services, and for other purposes.
    USDA has not identified any relevant Federal rules that duplicate, 
overlap, or conflict with this action.
    A small business guide on complying with fruit, vegetable, and 
specialty crop marketing agreements and orders may be viewed at: http://www.ams.usda.gov/rules-regulations/moa/small-businesses. Any questions 
about the compliance guide should be sent to Richard Lower at the 
previously mentioned address in the FOR FURTHER INFORMATION CONTACT 
section.
    A 30-day comment period is provided to allow interested persons to 
respond to this proposed rule. Thirty days is deemed appropriate 
because: (1) The 2017-18 fiscal period begins on August 1, 2017, and 
the marketing order requires that the rate of assessment for each 
fiscal period apply to all assessable onions handled during such fiscal 
period; (2) the Committee needs to have sufficient funds to pay its 
expenses, which are incurred on a continuous basis; and (3) handlers 
are aware of this action, which was unanimously recommended by the 
Committee at a public meeting and is similar to other assessment rate 
actions issued in past years.

List of Subjects in 7 CFR Part 959

    Marketing agreements, Onions, Reporting and recordkeeping 
requirements.

    For the reasons set forth in the preamble, 7 CFR part 959 is 
proposed to be amended as follows:

PART 959--ONIONS GROWN IN SOUTH TEXAS

0
1. The authority citation for 7 CFR part 959 continues to read as 
follows:

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

Subpart A--[Amended]

0
2. Designate the subpart labeled ``Order Regulating Handling'' as 
subpart A.

Subpart B--Administrative Provisions

0
3. Designate the subpart labeled ``Rules and Regulations'' as subpart B 
and revise the heading as shown above.

Subparts ``Assessment Rates'' and ``Handling Regulations''--
[Amended]

0
4. Remove the subpart headings ``Assessment Rates'' and ``Handling 
Regulations''.
0
5. Transfer Sec. Sec.  959.237 and 959.322 to subpart B.
0
6. Section 959.237 is revised to read as follows:


Sec.  959.237   Assessment rate.

    On and after August 1, 2017, an assessment rate of $0.065 per 50-
pound equivalent is established for South Texas onions.

    Dated: September 12, 2017.
Bruce Summers,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2017-19690 Filed 9-18-17; 8:45 am]
 BILLING CODE 3410-02-P



                                                                                                                                                                                                      43713

                                                      Proposed Rules                                                                                                Federal Register
                                                                                                                                                                    Vol. 82, No. 180

                                                                                                                                                                    Tuesday, September 19, 2017



                                                      This section of the FEDERAL REGISTER                    www.regulations.gov. All comments                     Funds to administer the order are
                                                      contains notices to the public of the proposed          submitted in response to this proposed                derived from such assessments. It is
                                                      issuance of rules and regulations. The                  rule will be included in the record and               intended that the assessment rate as
                                                      purpose of these notices is to give interested          will be made available to the public.                 proposed herein would be applicable to
                                                      persons an opportunity to participate in the            Please be advised that the identity of the            all assessable onions beginning on
                                                      rule making prior to the adoption of the final
                                                      rules.
                                                                                                              individuals or entities submitting the                August 1, 2017, and continue until
                                                                                                              comments will be made public on the                   amended, suspended, or terminated.
                                                                                                              internet at the address provided above.                  The Act provides that administrative
                                                      DEPARTMENT OF AGRICULTURE                               FOR FURTHER INFORMATION CONTACT:                      proceedings must be exhausted before
                                                                                                              Doris Jamieson, Marketing Specialist or               parties may file suit in court. Under
                                                      Agricultural Marketing Service                          Christian D. Nissen, Regional Director,               section 608c(15)(A) of the Act, any
                                                                                                              Southeast Marketing Field Office,                     handler subject to an order may file
                                                      7 CFR Part 959                                          Marketing Order and Agreement                         with USDA a petition stating that the
                                                      [Doc. No. AMS–SC–17–0040; SC17–959–1                    Division, Specialty Crops Program,                    order, any provision of the order, or any
                                                      PR]                                                     AMS, USDA; Telephone: (863) 324–                      obligation imposed in connection with
                                                                                                              3375, Fax: (863) 291–8614, or Email:                  the order is not in accordance with law
                                                      Onions Grown in South Texas;                            Doris.Jamieson@ams.usda.gov or                        and request a modification of the order
                                                      Increased Assessment Rate                               Christian.Nissen@ams.usda.gov.                        or to be exempted therefrom. Such
                                                                                                                 Small businesses may request                       handler is afforded the opportunity for
                                                      AGENCY:  Agricultural Marketing Service,                information on complying with this                    a hearing on the petition. After the
                                                      USDA.                                                   regulation by contacting Richard Lower,               hearing, USDA would rule on the
                                                      ACTION: Proposed rule.                                  Marketing Order and Agreement                         petition. The Act provides that the
                                                                                                              Division, Specialty Crops Program,                    district court of the United States in any
                                                      SUMMARY:   This proposed rule would                     AMS, USDA, 1400 Independence
                                                      implement a recommendation from the                                                                           district in which the handler is an
                                                                                                              Avenue SW., STOP 0237, Washington,                    inhabitant, or has his or her principal
                                                      South Texas Onion Committee                             DC 20250–0237; Telephone: (202) 720–
                                                      (Committee) to increase the assessment                                                                        place of business, has jurisdiction to
                                                                                                              2491, Fax: (202)720–8938, or Email:                   review USDA’s ruling on the petition,
                                                      rate established for the 2017–18 and                    Richard.Lower@ams.usda.gov.
                                                      subsequent fiscal periods from $0.05 to                                                                       provided an action is filed not later than
                                                                                                              SUPPLEMENTARY INFORMATION: This                       20 days after the date of the entry of the
                                                      $0.065 per 50-pound equivalent of
                                                                                                              proposed rule is issued under Marketing               ruling.
                                                      onions handled under the marketing
                                                                                                              Order No. 959, as amended (7 CFR part                    This proposed rule would increase
                                                      order (order). The Committee locally
                                                                                                              959), regulating the handling of onions               the assessment rate established for the
                                                      administers the order and is comprised
                                                                                                              grown in South Texas, hereinafter                     Committee for the 2017–18 and
                                                      of producers and handlers of onions
                                                                                                              referred to as the ‘‘order.’’ The order is            subsequent fiscal periods from $0.05 to
                                                      operating within the area of production.
                                                                                                              effective under the Agricultural                      $0.065 per 50-pound equivalent of
                                                      Assessments upon onion handlers are
                                                                                                              Marketing Agreement Act of 1937, as                   onions.
                                                      used by the Committee to fund
                                                                                                              amended (7 U.S.C. 601–674), hereinafter
                                                      reasonable and necessary expenses of                                                                             The South Texas onion marketing
                                                                                                              referred to as the ‘‘Act.’’
                                                      the program. The fiscal period begins                                                                         order provides authority for the
                                                                                                                 The Department of Agriculture
                                                      August 1 and ends July 31. The                                                                                Committee, with the approval of USDA,
                                                                                                              (USDA) is issuing this proposed rule in
                                                      assessment rate would remain in effect                                                                        to formulate an annual budget of
                                                                                                              conformance with Executive Orders
                                                      indefinitely unless modified,                                                                                 expenses and collect assessments from
                                                                                                              13563 and 13175. This rule does not
                                                      suspended, or terminated.                                                                                     handlers to administer the program. The
                                                                                                              meet the definition of a significant
                                                      DATES: Comments must be received by                     regulatory action contained in section                members of the Committee are
                                                      October 19, 2017.                                       3(f) of Executive Order 12866 and is not              producers and handlers of South Texas
                                                      ADDRESSES: Interested persons are                       subject to review by the Office of                    onions. They are familiar with the
                                                      invited to submit written comments                      Management and Budget (OMB).                          Committee’s needs and with the costs
                                                      concerning this proposed rule.                          Additionally, because this rule does not              for goods and services in their local area
                                                      Comments must be sent to the Docket                     meet the definition of a significant                  and are thus in a position to formulate
                                                      Clerk, Marketing Order and Agreement                    regulatory action, it does not trigger the            an appropriate budget and assessment
                                                      Division, Specialty Crops Program,                      requirements contained in Executive                   rate. The assessment rate is formulated
                                                      AMS, USDA, 1400 Independence                            Order 13771. See OMB’s Memorandum                     and discussed in a public meeting.
                                                      Avenue SW., STOP 0237, Washington,                      titled ‘‘Interim Guidance Implementing                Thus, all directly affected persons have
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                      DC 20250–0237; Fax: (202) 720–8938; or                  Section 2 of the Executive Order of                   an opportunity to participate and
                                                      internet: http://www.regulations.gov.                   January 30, 2017, titled ‘Reducing                    provide input.
                                                      Comments should reference the                           Regulation and Controlling Regulatory                    For the 2015–16 and subsequent fiscal
                                                      document number and the date and                        Costs’ ’’ (February 2, 2017).                         periods, the Committee recommended,
                                                      page number of this issue of the Federal                   This proposed rule has been reviewed               and USDA approved, an assessment rate
                                                      Register and will be available for public               under Executive Order 12988, Civil                    that would continue in effect from fiscal
                                                      inspection in the Office of the Docket                  Justice Reform. Under the marketing                   period to fiscal period unless modified,
                                                      Clerk during regular business hours, or                 order now in effect, South Texas onion                suspended, or terminated by USDA
                                                      can be viewed at: http://                               handlers are subject to assessments.                  upon recommendation and information


                                                 VerDate Sep<11>2014   16:33 Sep 18, 2017   Jkt 241001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\19SEP1.SGM   19SEP1


                                                      43714               Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Proposed Rules

                                                      submitted by the Committee or other                     for subsequent fiscal periods would be                higher than the 2016–17 rate. The
                                                      information available to USDA.                          reviewed and, as appropriate, approved                quantity of assessable onions for the
                                                         The Committee met on June 7, 2017,                   by USDA.                                              2017–18 fiscal period is estimated at
                                                      and unanimously recommended 2017–                                                                             three million 50-pound equivalents.
                                                      18 expenditures of $149,807, the same                   Initial Regulatory Flexibility Analysis
                                                                                                                                                                    Thus, the $0.065 rate should provide
                                                      as budgeted last fiscal year, and an                       Pursuant to requirements set forth in              $195,000 in assessment income and be
                                                      assessment rate of $0.065 per 50-pound                  the Regulatory Flexibility Act (RFA) (5               adequate to meet this year’s expenses.
                                                      equivalent of onions. The assessment                    U.S.C. 601–612), the Agricultural                       The major expenditures
                                                      rate of $0.065 is $0.015 higher than the                Marketing Service (AMS) has                           recommended by the Committee for the
                                                      rate currently in effect. The Committee                 considered the economic impact of this                2017–18 year include $50,000 for
                                                      recommended the increase so                             proposed rule on small entities.                      compliance, $37,050 for administrative,
                                                      assessments would be sufficient to cover                Accordingly, AMS has prepared this                    and $32,942 for management. Budgeted
                                                      the Committee’s anticipated                             initial regulatory flexibility analysis.              expenses for these items were the same
                                                      expenditures while providing additional                    The purpose of the RFA is to fit                   in 2016–17.
                                                      funds to help replenish the Committee’s                 regulatory actions to the scale of                      With the 2017–18 crop estimated to
                                                      reserve fund, which has been depleted                   businesses subject to such actions in                 be three million 50-pound equivalents,
                                                      due to declines in production. With the                 order that small businesses will not be               the current assessment rate would be
                                                      Committee’s recommended $0.015                          unduly or disproportionately burdened.                sufficient to cover the Committee’s
                                                      increase and estimated shipments of                     Marketing orders issued pursuant to the               anticipated expenditures but would not
                                                      approximately three million 50-pound                    Act, and the rules issued thereunder, are             provide any additional monies to help
                                                      equivalents, assessment income should                   unique in that they are brought about                 replenish the Committee’s reserve fund,
                                                      be approximately $195,000.                              through group action of essentially                   which has been depleted due to
                                                         The major expenditures                               small entities acting on their own                    declines in production. The Committee
                                                      recommended by the Committee for the                    behalf.                                               considered the proposed expenses and
                                                      2017–18 fiscal year include $50,000 for                    There are approximately 60 producers               the state of the reserve fund and
                                                      compliance, $37,050 for administrative,                 of onions in the production area and                  recommended the assessment increase.
                                                      and $32,942 for management costs.                       approximately 30 handlers subject to                  With the Committee’s recommended
                                                      Budgeted expenses for these items were                  regulation under the marketing order.                 $0.015 increase, assessment income
                                                      the same in 2016–17.                                    Small agricultural producers are defined              should be approximately $195,000 and
                                                         The assessment rate recommended by                   by the Small Business Administration as               be adequate to cover anticipated
                                                      the Committee was derived by                            those having annual receipts less than                expenses and add funds to the
                                                      considering anticipated expenses,                       $750,000, and small agricultural service              authorized reserve.
                                                      expected shipments of South Texas                       firms are defined as those whose annual                 Prior to arriving at this budget and
                                                      onions, and the level of funds in                       receipts are less than $7,500,000 (13                 assessment rate, the Committee
                                                      reserve. As mentioned earlier, onion                    CFR 121.201).                                         considered information from various
                                                      shipments for the year are estimated at                    Based on information from the                      sources, such as the Committee’s Budget
                                                      three million 50-pound equivalents,                     National Agricultural Statistics Service,             and Personnel Committee. Alternative
                                                      which should provide $195,000 in                        the weighted grower price for South                   expenditure levels were discussed by
                                                      assessment income. Income derived                       Texas onions during the 2015–16 season                these groups, based upon the relative
                                                      from handler assessments would be                       was around $12.30 per 50-pound                        value of various activities to the South
                                                      adequate to cover budgeted expenses.                    equivalent. According to Committee                    Texas onion industry. The Committee
                                                      The Committee currently has no money                    data, total shipments were around three               ultimately determined that 2017–18
                                                      in reserves.                                            million 50-pound equivalents. Using the               expenditures of $149,807 were
                                                         The proposed assessment rate would                   weighted average price and shipment                   appropriate, and the recommended
                                                      continue in effect indefinitely unless                  information, and assuming a normal                    assessment rate would generate
                                                      modified, suspended, or terminated by                   distribution, the majority of producers               sufficient revenue to meet its expenses.
                                                      USDA upon recommendation and                            would have annual receipts of less than                 A review of historical information and
                                                      information submitted by the                            $750,000. The average handler price for               preliminary information pertaining to
                                                      Committee or other available                            South Texas onions during the 2015–16                 the upcoming fiscal period indicates
                                                      information.                                            season was around $14.05 per 50-pound                 that the grower price for the 2017–18
                                                         Although this assessment rate would                  equivalent. Using the average price and               season could be around $12.00 per 50-
                                                      be in effect for an indefinite period, the              shipment information, the number of                   pound equivalent of Texas onions.
                                                      Committee would continue to meet                        handlers, and assuming a normal                       Therefore, the estimated assessment
                                                      prior to or during each fiscal period to                distribution, the majority of handlers                revenue for the 2017–18 fiscal period as
                                                      recommend a budget of expenses and                      would have average annual receipts of                 a percentage of total grower revenue
                                                      consider recommendations for                            less than $7,500,000. Thus, the majority              could be about 0.5 percent.
                                                      modification of the assessment rate. The                of South Texas onion producers and                      This action would increase the
                                                      dates and times of Committee meetings                   handlers may be classified as small                   assessment obligation imposed on
                                                      are available from the Committee or                     entities.                                             handlers. While assessments impose
                                                      USDA. Committee meetings are open to                       This proposal would increase the                   some additional costs on handlers, the
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                      the public, and interested persons may                  assessment rate collected from handlers               costs are minimal and uniform on all
                                                      express their views at these meetings.                  for the 2017–18 and subsequent fiscal                 handlers. Some of the additional costs
                                                      USDA would evaluate Committee                           periods from $0.05 to $0.065 per 50-                  may be passed on to producers.
                                                      recommendations and other available                     pound equivalent of Texas onions. The                 However, these costs would be offset by
                                                      information to determine whether                        Committee unanimously recommended                     the benefits derived by the operation of
                                                      modification of the assessment rate is                  2017–18 expenditures of $149,807 and                  the marketing order. In addition, the
                                                      needed. Further rulemaking would be                     an assessment rate of $0.065 per 50-                  Committee’s meeting was widely
                                                      undertaken as necessary. The                            pound equivalent. The proposed                        publicized throughout the South Texas
                                                      Committee’s 2017–18 budget and those                    assessment rate of $0.065 is $0.015                   onion industry, and all interested


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                                                                          Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Proposed Rules                                          43715

                                                      persons were invited to attend the                      assessment rate actions issued in past                SUMMARY:   We propose to adopt a new
                                                      meeting and participate in Committee                    years.                                                airworthiness directive (AD) for all
                                                      deliberations on all issues. Like all                                                                         Airbus Model A330–200 series
                                                                                                              List of Subjects in 7 CFR Part 959
                                                      Committee meetings, the June 7, 2017,                                                                         airplanes, Model A330–200 Freighter
                                                      meeting was a public meeting, and all                     Marketing agreements, Onions,                       series airplanes, and Model A330–300
                                                      entities, both large and small, were able               Reporting and recordkeeping                           series airplanes. This proposed AD was
                                                      to express views on this issue. Finally,                requirements.                                         prompted by an evaluation by the
                                                      interested persons are invited to submit                  For the reasons set forth in the                    design approval holder (DAH)
                                                      comments on this proposed rule,                         preamble, 7 CFR part 959 is proposed to               indicating that certain fuselage
                                                      including the regulatory and                            be amended as follows:                                structures are subject to widespread
                                                      informational impacts of this action on                                                                       fatigue damage (WFD). This proposed
                                                      small businesses.                                       PART 959—ONIONS GROWN IN                              AD would require reinforcement
                                                         In accordance with the Paperwork                     SOUTH TEXAS                                           modifications of various structural parts
                                                      Reduction Act of 1995 (44 U.S.C.                                                                              of the fuselage, and related investigative
                                                      chapter 35), the order’s information                    ■ 1. The authority citation for 7 CFR
                                                                                                              part 959 continues to read as follows:                and corrective actions if necessary. We
                                                      collection requirements have been                                                                             are proposing this AD to address the
                                                      previously approved by OMB and                              Authority: 7 U.S.C. 601–674.                      unsafe condition on these products.
                                                      assigned OMB No. 0581–0178                                                                                    DATES: We must receive comments on
                                                      (Vegetable and Specialty Crops). No                     Subpart A—[Amended]
                                                                                                                                                                    this proposed AD by November 3, 2017.
                                                      changes in those requirements as a                      ■ 2. Designate the subpart labeled
                                                      result of this action are necessary.                                                                          ADDRESSES: You may send comments,
                                                                                                              ‘‘Order Regulating Handling’’ as subpart              using the procedures found in 14 CFR
                                                      Should any changes become necessary,                    A.
                                                      they would be submitted to OMB for                                                                            11.43 and 11.45, by any of the following
                                                      approval.                                               Subpart B—Administrative Provisions                   methods:
                                                         This proposed rule would impose no                                                                            • Federal eRulemaking Portal: Go to
                                                      additional reporting or recordkeeping                   ■  3. Designate the subpart labeled                   http://www.regulations.gov. Follow the
                                                      requirements on either small or large                   ‘‘Rules and Regulations’’ as subpart B                instructions for submitting comments.
                                                      South Texas onion handlers. As with all                 and revise the heading as shown above.                   • Fax: 202–493–2251.
                                                      Federal marketing order programs,                                                                                • Mail: U.S. Department of
                                                                                                              Subparts ‘‘Assessment Rates’’ and                     Transportation, Docket Operations, M–
                                                      reports and forms are periodically
                                                                                                              ‘‘Handling Regulations’’—[Amended]                    30, West Building Ground Floor, Room
                                                      reviewed to reduce information
                                                      requirements and duplication by                         ■ 4. Remove the subpart headings                      W12–140, 1200 New Jersey Avenue SE.,
                                                      industry and public sector agencies.                    ‘‘Assessment Rates’’ and ‘‘Handling                   Washington, DC 20590.
                                                         AMS is committed to complying with                   Regulations’’.                                           • Hand Delivery: Deliver to Mail
                                                      the E-Government Act, to promote the                    ■ 5. Transfer §§ 959.237 and 959.322 to               address above between 9 a.m. and 5
                                                      use of the internet and other                           subpart B.                                            p.m., Monday through Friday, except
                                                      information technologies to provide                     ■ 6. Section 959.237 is revised to read               Federal holidays.
                                                      increased opportunities for citizen                     as follows:                                              For service information identified in
                                                      access to Government information and                                                                          this NPRM, contact Airbus SAS,
                                                                                                              § 959.237    Assessment rate.                         Airworthiness Office—EAL, 1 Rond
                                                      services, and for other purposes.
                                                         USDA has not identified any relevant                   On and after August 1, 2017, an                     Point Maurice Bellonte, 31707 Blagnac
                                                      Federal rules that duplicate, overlap, or               assessment rate of $0.065 per 50-pound                Cedex, France; telephone +33 5 61 93 36
                                                      conflict with this action.                              equivalent is established for South                   96; fax +33 5 61 93 45 80; email
                                                         A small business guide on complying                  Texas onions.                                         airworthiness.A330–A340@airbus.com;
                                                      with fruit, vegetable, and specialty crop                 Dated: September 12, 2017.                          Internet http://www.airbus.com. You
                                                      marketing agreements and orders may                     Bruce Summers,                                        may view this referenced service
                                                      be viewed at: http://www.ams.usda.gov/                  Acting Administrator, Agricultural Marketing          information at the FAA, Transport
                                                      rules-regulations/moa/small-businesses.                 Service.                                              Standards Branch, 1601 Lind Avenue
                                                      Any questions about the compliance                      [FR Doc. 2017–19690 Filed 9–18–17; 8:45 am]           SW., Renton, WA. For information on
                                                      guide should be sent to Richard Lower                   BILLING CODE 3410–02–P
                                                                                                                                                                    the availability of this material at the
                                                      at the previously mentioned address in                                                                        FAA, call 425–227–1221.
                                                      the FOR FURTHER INFORMATION CONTACT
                                                                                                                                                                    Examining the AD Docket
                                                      section.
                                                                                                              DEPARTMENT OF TRANSPORTATION
                                                         A 30-day comment period is provided                                                                           You may examine the AD docket on
                                                      to allow interested persons to respond                  Federal Aviation Administration                       the Internet at http://
                                                      to this proposed rule. Thirty days is                                                                         www.regulations.gov by searching for
                                                      deemed appropriate because: (1) The                     14 CFR Part 39                                        and locating Docket No. FAA–2017–
                                                      2017–18 fiscal period begins on August                                                                        0812; or in person at the Docket
                                                      1, 2017, and the marketing order                        [Docket No. FAA–2017–0812; Product                    Management Facility between 9 a.m.
                                                      requires that the rate of assessment for                Identifier 2016–NM–198–AD]                            and 5 p.m., Monday through Friday,
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                      each fiscal period apply to all assessable              RIN 2120–AA64                                         except Federal holidays. The AD docket
                                                      onions handled during such fiscal                                                                             contains this proposed AD, the
                                                      period; (2) the Committee needs to have                 Airworthiness Directives; Airbus                      regulatory evaluation, any comments
                                                      sufficient funds to pay its expenses,                   Airplanes                                             received, and other information. The
                                                      which are incurred on a continuous                      AGENCY: Federal Aviation                              street address for the Docket Operations
                                                      basis; and (3) handlers are aware of this               Administration (FAA), DOT.                            office (telephone 800–647–5527) is in
                                                      action, which was unanimously                                                                                 the ADDRESSES section. Comments will
                                                                                                              ACTION: Notice of proposed rulemaking
                                                      recommended by the Committee at a                                                                             be available in the AD docket shortly
                                                                                                              (NPRM).
                                                      public meeting and is similar to other                                                                        after receipt.


                                                 VerDate Sep<11>2014   16:33 Sep 18, 2017   Jkt 241001   PO 00000   Frm 00003   Fmt 4702   Sfmt 4702   E:\FR\FM\19SEP1.SGM   19SEP1



Document Created: 2018-10-24 14:17:52
Document Modified: 2018-10-24 14:17:52
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received by October 19, 2017.
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 Citation82 FR 43713 
CFR AssociatedMarketing Agreements; Onions and Reporting and Recordkeeping Requirements

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