83_FR_596 83 FR 592 - Onions Grown in South Texas; Increased Assessment Rate

83 FR 592 - Onions Grown in South Texas; Increased Assessment Rate

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 83, Issue 4 (January 5, 2018)

Page Range592-594
FR Document2017-28504

This rule implements 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 assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

Federal Register, Volume 83 Issue 4 (Friday, January 5, 2018)
[Federal Register Volume 83, Number 4 (Friday, January 5, 2018)]
[Rules and Regulations]
[Pages 592-594]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-28504]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 959

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


Onions Grown in South Texas; Increased Assessment Rate

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: This rule implements 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 assessment rate will remain in effect indefinitely unless 
modified, suspended, or terminated.

DATES: Effective February 5, 2018.

FOR FURTHER INFORMATION CONTACT: Doris Jamieson, Marketing Specialist 
or Christian D. Nissen, Regional Director, Southeast Marketing Field 
Office, Marketing Order and Agreement Division, Specialty Crops 
Program, AMS, USDA; Telephone: (863) 324-3375, Fax: (863) 291-8614, or 
Email: [email protected] or [email protected].
    Small businesses may request information on complying with this 
regulation by contacting Richard Lower, Marketing Order and Agreement 
Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue 
SW, STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, 
Fax: (202)720-8938, or Email: [email protected].

SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553, 
proposes an amendment to regulations issued to carry out a marketing 
order as defined in 7 CFR 900.2(j). This rule is issued under Marketing 
Order No. 959, as amended (7 CFR part 959), regulating the handling of 
onions grown in South Texas. Part 959 (hereinafter referred to as 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 Committee locally administers the Order and is comprised 
of producers and handlers of onions operating within the area of 
production.
    The Department of Agriculture (USDA) is issuing this rule in 
conformance with Executive Orders 13563 and 13175. This action falls 
within a category of regulatory actions that the Office of Management 
and Budget (OMB) exempted from Executive Order 12866 review. 
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 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 issued herein will 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 rule increases 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.
    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 
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 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.

[[Page 593]]

    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 2017-18 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 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 approximately $12.30 per 50-pound equivalent. 
According to Committee data, total shipments were approximately 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 approximately $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 rule increases the assessment rate established for the 
Committee and 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 
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 approximately $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 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 South Texas onion industry, and all interested persons 
were invited to attend the meeting and participate in Committee 
deliberations on all issues. Like all Committee meetings, the June 7, 
2017, 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 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 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. 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 September 19, 2017 (82 FR 43713). Copies of the proposed 
rule were also mailed or sent via facsimile to all South Texas onion 
handlers. Finally, the proposal was made available through the internet 
by USDA and the Office of the Federal Register. A 30-day

[[Page 594]]

comment period ending October 19, 2017, was provided for interested 
persons to respond to the proposal.
    Two comments were received in support of the rule. One commenter 
stated the increase would help the fair trade movement. The other 
commenter stated the increase in the assessment rate was reasonable to 
cover the increased costs of goods and services. Accordingly, no 
changes will be made to the rule as proposed, based on the comments 
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.

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 
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: December 29, 2017.
Bruce Summers,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2017-28504 Filed 1-4-18; 8:45 am]
 BILLING CODE 3410-02-P



                                             592                  Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Rules and Regulations

                                               Dated: December 29, 2017.                             Committee locally administers the                      producers and handlers of South Texas
                                             Bruce Summers,                                          Order and is comprised of producers                    onions. They are familiar with the
                                             Acting Administrator, Agricultural Marketing            and handlers of onions operating within                Committee’s needs and with the costs
                                             Service.                                                the area of production.                                for goods and services in their local area
                                             [FR Doc. 2017–28505 Filed 1–4–18; 8:45 am]                 The Department of Agriculture                       and are thus in a position to formulate
                                             BILLING CODE 3410–02–P
                                                                                                     (USDA) is issuing this rule in                         an appropriate budget and assessment
                                                                                                     conformance with Executive Orders                      rate. The assessment rate is formulated
                                                                                                     13563 and 13175. This action falls                     and discussed in a public meeting.
                                             DEPARTMENT OF AGRICULTURE                               within a category of regulatory actions                Thus, all directly affected persons have
                                                                                                     that the Office of Management and                      an opportunity to participate and
                                             Agricultural Marketing Service                          Budget (OMB) exempted from Executive                   provide input.
                                                                                                     Order 12866 review. Additionally,                         For the 2015–16 and subsequent fiscal
                                             7 CFR Part 959                                          because this rule does not meet the                    periods, the Committee recommended,
                                                                                                     definition of a significant regulatory                 and USDA approved, an assessment rate
                                             [Doc. No. AMS–SC–17–0040; SC17–959–1
                                                                                                     action, it does not trigger the                        that would continue in effect from fiscal
                                             FR]
                                                                                                     requirements contained in Executive                    period to fiscal period unless modified,
                                             Onions Grown in South Texas;                            Order 13771. See OMB’s Memorandum                      suspended, or terminated by USDA
                                             Increased Assessment Rate                               titled ‘‘Interim Guidance Implementing                 upon recommendation and information
                                                                                                     Section 2 of the Executive Order of                    submitted by the Committee or other
                                             AGENCY:  Agricultural Marketing Service,                January 30, 2017, titled ‘Reducing                     information available to USDA.
                                             USDA.                                                   Regulation and Controlling Regulatory                     The Committee met on June 7, 2017,
                                             ACTION: Final rule.                                     Costs’ ’’ (February 2, 2017).                          and unanimously recommended 2017–
                                                                                                        This rule has been reviewed under                   18 expenditures of $149,807, the same
                                             SUMMARY:   This rule implements a                       Executive Order 12988, Civil Justice                   as budgeted last fiscal year, and an
                                             recommendation from the South Texas                     Reform. Under the Marketing Order now
                                                                                                                                                            assessment rate of $0.065 per 50-pound
                                             Onion Committee (Committee) to                          in effect, South Texas onion handlers
                                                                                                                                                            equivalent of onions. The assessment
                                             increase the assessment rate established                are subject to assessments. Funds to
                                                                                                                                                            rate of $0.065 is $0.015 higher than the
                                             for the 2017–18 and subsequent fiscal                   administer the Order are derived from
                                                                                                                                                            rate currently in effect. The Committee
                                             periods from $0.05 to $0.065 per 50-                    such assessments. It is intended that the
                                                                                                                                                            recommended the increase so
                                             pound equivalent of onions handled                      assessment rate as issued herein will be
                                                                                                                                                            assessments would be sufficient to cover
                                             under the Marketing Order (Order). The                  applicable to all assessable onions
                                                                                                                                                            the Committee’s anticipated
                                             assessment rate will remain in effect                   beginning on August 1, 2017, and
                                                                                                                                                            expenditures while providing additional
                                             indefinitely unless modified,                           continue until amended, suspended, or
                                                                                                                                                            funds to help replenish the Committee’s
                                             suspended, or terminated.                               terminated.
                                                                                                        The Act provides that administrative                reserve fund, which has been depleted
                                             DATES: Effective February 5, 2018.                                                                             due to declines in production. With the
                                                                                                     proceedings must be exhausted before
                                             FOR FURTHER INFORMATION CONTACT:                                                                               Committee’s recommended $0.015
                                                                                                     parties may file suit in court. Under
                                             Doris Jamieson, Marketing Specialist or                 section 608c(15)(A) of the Act, any                    increase and estimated shipments of
                                             Christian D. Nissen, Regional Director,                 handler subject to an order may file                   approximately three million 50-pound
                                             Southeast Marketing Field Office,                       with USDA a petition stating that the                  equivalents, assessment income should
                                             Marketing Order and Agreement                           order, any provision of the order, or any              be approximately $195,000.
                                             Division, Specialty Crops Program,                      obligation imposed in connection with                     The major expenditures
                                             AMS, USDA; Telephone: (863) 324–                        the order is not in accordance with law                recommended by the Committee for the
                                             3375, Fax: (863) 291–8614, or Email:                    and request a modification of the order                2017–18 fiscal year include $50,000 for
                                             Doris.Jamieson@ams.usda.gov or                          or to be exempted therefrom. Such                      compliance, $37,050 for administrative,
                                             Christian.Nissen@ams.usda.gov.                          handler is afforded the opportunity for                and $32,942 for management costs.
                                                Small businesses may request                         a hearing on the petition. After the                   Budgeted expenses for these items were
                                             information on complying with this                      hearing, USDA would rule on the                        the same in 2016–17.
                                             regulation by contacting Richard Lower,                 petition. The Act provides that the                       The assessment rate recommended by
                                             Marketing Order and Agreement                           district court of the United States in any             the Committee was derived by
                                             Division, Specialty Crops Program,                      district in which the handler is an                    considering anticipated expenses,
                                             AMS, USDA, 1400 Independence                            inhabitant, or has his or her principal                expected shipments of South Texas
                                             Avenue SW, STOP 0237, Washington,                       place of business, has jurisdiction to                 onions, and the level of funds in
                                             DC 20250–0237; Telephone: (202) 720–                    review USDA’s ruling on the petition,                  reserve. As mentioned earlier, onion
                                             2491, Fax: (202)720–8938, or Email:                     provided an action is filed not later than             shipments for the year are estimated at
                                             Richard.Lower@ams.usda.gov.                             20 days after the date of the entry of the             three million 50-pound equivalents,
                                             SUPPLEMENTARY INFORMATION: This                         ruling.                                                which should provide $195,000 in
                                             action, pursuant to 5 U.S.C. 553,                          This rule increases the assessment                  assessment income. Income derived
                                             proposes an amendment to regulations                    rate established for the 2017–18 and                   from handler assessments would be
                                             issued to carry out a marketing order as                subsequent fiscal periods from $0.05 to                adequate to cover budgeted expenses.
                                             defined in 7 CFR 900.2(j). This rule is                 $0.065 per 50-pound equivalent of                      The Committee currently has no money
                                             issued under Marketing Order No. 959,                   onions handled.                                        in reserves.
                                             as amended (7 CFR part 959), regulating                    The South Texas Onion Marketing                        The assessment rate established in
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                                             the handling of onions grown in South                   Order provides authority for the                       this rule will continue in effect
                                             Texas. Part 959 (hereinafter referred to                Committee, with the approval of USDA,                  indefinitely unless modified,
                                             as the ‘‘Order’’) is effective under the                to formulate an annual budget of                       suspended, or terminated by USDA
                                             Agricultural Marketing Agreement Act                    expenses and collect assessments from                  upon recommendation and information
                                             of 1937, as amended (7 U.S.C. 601–674),                 handlers to administer the program. The                submitted by the Committee or other
                                             hereinafter referred to as the ‘‘Act.’’ The             members of the Committee are                           available information.


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                                                                  Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Rules and Regulations                                            593

                                               Although this assessment rate will be                 was approximately $14.05 per 50-pound                  the upcoming fiscal period indicates
                                             in effect for an indefinite period, the                 equivalent. Using the average price and                that the grower price for the 2017–18
                                             Committee will continue to meet prior                   shipment information, the number of                    season could be approximately $12.00
                                             to or during each fiscal period to                      handlers, and assuming a normal                        per 50-pound equivalent of Texas
                                             recommend a budget of expenses and                      distribution, the majority of handlers                 onions. Therefore, the estimated
                                             consider recommendations for                            would have average annual receipts of                  assessment revenue for the 2017–18
                                             modification of the assessment rate. The                less than $7,500,000. Thus, the majority               fiscal period as a percentage of total
                                             dates and times of Committee meetings                   of South Texas onion producers and                     grower revenue could be about 0.5
                                             are available from the Committee or                     handlers may be classified as small                    percent.
                                             USDA. Committee meetings are open to                    entities.                                                 This action increases the assessment
                                             the public, and interested persons may                    This rule increases the assessment                   obligation imposed on handlers. While
                                             express their views at these meetings.                  rate established for the Committee and                 assessments impose some additional
                                             USDA will evaluate Committee                            collected from handlers for the 2017–18                costs on handlers, the costs are minimal
                                             recommendations and other available                     and subsequent fiscal periods from                     and uniform on all handlers. Some of
                                             information to determine whether                        $0.05 to $0.065 per 50-pound equivalent                the additional costs may be passed on
                                             modification of the assessment rate is                  of Texas onions. The Committee                         to producers. However, these costs are
                                             needed. Further rulemaking will be                      unanimously recommended 2017–18                        offset by the benefits derived by the
                                             undertaken as necessary. The                            expenditures of $149,807 and an                        operation of the Marketing Order. In
                                             Committee’s 2017–18 budget and those                    assessment rate of $0.065 per 50-pound                 addition, the Committee’s meeting was
                                             for subsequent fiscal periods would be                  equivalent. The assessment rate of                     widely publicized throughout the South
                                             reviewed and, as appropriate, approved                  $0.065 is $0.015 higher than the 2016–                 Texas onion industry, and all interested
                                             by USDA.                                                17 rate. The quantity of assessable                    persons were invited to attend the
                                                                                                     onions for the 2017–18 fiscal period is                meeting and participate in Committee
                                             Final Regulatory Flexibility Analysis                   estimated at three million 50-pound                    deliberations on all issues. Like all
                                                Pursuant to requirements set forth in                equivalents. Thus, the $0.065 rate                     Committee meetings, the June 7, 2017,
                                             the Regulatory Flexibility Act (RFA) (5                 should provide $195,000 in assessment                  meeting was a public meeting, and all
                                             U.S.C. 601–612), the Agricultural                       income and be adequate to meet this                    entities, both large and small, were able
                                             Marketing Service (AMS) has                             year’s expenses.                                       to express views on this issue.
                                             considered the economic impact of this                    The major expenditures                                  In accordance with the Paperwork
                                             rule on small entities. Accordingly,                    recommended by the Committee for the                   Reduction Act of 1995 (44 U.S.C.
                                             AMS has prepared this final regulatory                  2017–18 year include $50,000 for                       Chapter 35), the Order’s information
                                             flexibility analysis.                                   compliance, $37,050 for administrative,                collection requirements have been
                                                The purpose of the RFA is to fit                     and $32,942 for management. Budgeted                   previously approved by OMB and
                                             regulatory actions to the scale of                      expenses for these items were the same                 assigned OMB No. 0581–0178
                                             businesses subject to such actions in                   in 2016–17.                                            (Vegetable and Specialty Crops). No
                                             order that small businesses will not be                   With the 2017–18 crop estimated to                   changes in those requirements as a
                                             unduly or disproportionately burdened.                  be three million 50-pound equivalents,                 result of this action are necessary.
                                             Marketing orders issued pursuant to the                 the current assessment rate would be                   Should any changes become necessary,
                                             Act, and the rules issued thereunder, are               sufficient to cover the Committee’s                    they would be submitted to OMB for
                                             unique in that they are brought about                   anticipated expenditures but would not                 approval.
                                             through group action of essentially                     provide any additional monies to help                     This rule imposes no additional
                                             small entities acting on their own                      replenish the Committee’s reserve fund,                reporting or recordkeeping requirements
                                             behalf.                                                 which has been depleted due to                         on either small or large South Texas
                                                There are approximately 60 producers                 declines in production. The Committee                  onion handlers. As with all Federal
                                             of onions in the production area and                    considered the proposed expenses and                   marketing order programs, reports and
                                             approximately 30 handlers subject to                    the state of the reserve fund and                      forms are periodically reviewed to
                                             regulation under the Marketing Order.                   recommended the assessment increase.                   reduce information requirements and
                                             Small agricultural producers are defined                With the Committee’s recommended                       duplication by industry and public
                                             by the Small Business Administration as                 $0.015 increase, assessment income                     sector agencies. As noted in the initial
                                             those having annual receipts less than                  should be approximately $195,000 and                   regulatory flexibility analysis, USDA
                                             $750,000, and small agricultural service                be adequate to cover anticipated                       has not identified any relevant Federal
                                             firms are defined as those whose annual                 expenses and add funds to the                          rules that duplicate, overlap, or conflict
                                             receipts are less than $7,500,000 (13                   authorized reserve.                                    with this final rule.
                                             CFR 121.201).                                             Prior to arriving at this budget and                    AMS is committed to complying with
                                                Based on information from the                        assessment rate, the Committee                         the E-Government Act, to promote the
                                             National Agricultural Statistics Service,               considered information from various                    use of the internet and other
                                             the weighted grower price for South                     sources, such as the Committee’s Budget                information technologies to provide
                                             Texas onions during the 2015–16 season                  and Personnel Committee. Alternative                   increased opportunities for citizen
                                             was approximately $12.30 per 50-pound                   expenditure levels were discussed by                   access to Government information and
                                             equivalent. According to Committee                      these groups, based upon the relative                  services, and for other purposes.
                                             data, total shipments were                              value of various activities to the South                  A proposed rule concerning this
                                             approximately three million 50-pound                    Texas onion industry. The Committee                    action was published in the Federal
                                             equivalents. Using the weighted average                                                                        Register on September 19, 2017 (82 FR
daltland on DSKBBV9HB2PROD with RULES




                                                                                                     ultimately determined that 2017–18
                                             price and shipment information, and                     expenditures of $149,807 were                          43713). Copies of the proposed rule
                                             assuming a normal distribution, the                     appropriate, and the recommended                       were also mailed or sent via facsimile to
                                             majority of producers would have                        assessment rate would generate                         all South Texas onion handlers. Finally,
                                             annual receipts of less than $750,000.                  sufficient revenue to meet its expenses.               the proposal was made available
                                             The average handler price for South                       A review of historical information and               through the internet by USDA and the
                                             Texas onions during the 2015–16 season                  preliminary information pertaining to                  Office of the Federal Register. A 30-day


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                                             594                  Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Rules and Regulations

                                             comment period ending October 19,                       § 959.237    Assessment rate.                          Examining the AD Docket
                                             2017, was provided for interested                         On and after August 1, 2017, an                         You may examine the AD docket on
                                             persons to respond to the proposal.                     assessment rate of $0.065 per 50-pound                 the internet at http://
                                                Two comments were received in                        equivalent is established for South                    www.regulations.gov by searching for
                                             support of the rule. One commenter                      Texas onions.                                          and locating Docket No. FAA–2017–
                                             stated the increase would help the fair                   Dated: December 29, 2017.                            1183; or in person at the Docket
                                             trade movement. The other commenter                     Bruce Summers,                                         Operations office between 9 a.m. and 5
                                             stated the increase in the assessment                                                                          p.m., Monday through Friday, except
                                                                                                     Acting Administrator, Agricultural Marketing
                                             rate was reasonable to cover the                        Service.                                               Federal holidays. The AD docket
                                             increased costs of goods and services.                                                                         contains this AD, the regulatory
                                                                                                     [FR Doc. 2017–28504 Filed 1–4–18; 8:45 am]
                                             Accordingly, no changes will be made                                                                           evaluation, any comments received, and
                                                                                                     BILLING CODE 3410–02–P
                                             to the rule as proposed, based on the                                                                          other information. The street address for
                                             comments received.                                                                                             the Docket Operations office (telephone:
                                                A small business guide on complying                                                                         800–647–5527) is in the ADDRESSES
                                             with fruit, vegetable, and specialty crop               DEPARTMENT OF TRANSPORTATION
                                                                                                                                                            section. Comments will be available in
                                             marketing agreements and orders may                     Federal Aviation Administration                        the AD docket shortly after receipt.
                                             be viewed at: http://www.ams.usda.gov/                                                                         FOR FURTHER INFORMATION CONTACT: Tom
                                             rules-regulations/moa/small-businesses.                 14 CFR Part 39                                         Rodriguez, Aerospace Engineer,
                                             Any questions about the compliance                                                                             International Section, Transport
                                             guide should be sent to Richard Lower                   [Docket No. FAA–2017–1183; Product
                                                                                                     Identifier 2013–NM–022–AD; Amendment                   Standards Branch, FAA, 1601 Lind
                                             at the previously mentioned address in                                                                         Avenue SW, Renton, WA 98057–3356;
                                             the FOR FURTHER INFORMATION CONTACT                     39–19147; AD 2018–01–06]
                                                                                                                                                            telephone: 425–227–1137; fax: 425–
                                             section.                                                RIN 2120–AA64                                          227–1149.
                                                After consideration of all relevant
                                                                                                     Airworthiness Directives; Fokker                       SUPPLEMENTARY INFORMATION:
                                             material presented, including the
                                             information and recommendation                          Services B.V. Airplanes                                Discussion
                                             submitted by the Committee and other                    AGENCY:  Federal Aviation                                The European Aviation Safety Agency
                                             available information, it is hereby found               Administration (FAA), DOT.                             (EASA), which is the Technical Agent
                                             that this rule, as hereinafter set forth,                                                                      for the Member States of the European
                                                                                                     ACTION: Final rule; request for
                                             will tend to effectuate the declared                                                                           Union, has issued EASA AD 2013–0010,
                                                                                                     comments.
                                             policy of the Act.                                                                                             January 14, 2013 (referred to after this
                                             List of Subjects in 7 CFR Part 959                      SUMMARY:   We are adopting a new                       as the Mandatory Continuing
                                                                                                     airworthiness directive (AD) for certain               Airworthiness Information, or ‘‘the
                                               Marketing agreements, Onions,                         Fokker Services B.V. Model F28 Mark                    MCAI’’), to correct an unsafe condition
                                             Reporting and recordkeeping                             0070 and 0100 airplanes. This AD                       for certain Fokker Services B.V. Model
                                             requirements.                                           requires contacting the FAA to obtain                  F28 Mark 0070 and 0100. The MCAI
                                               For the reasons set forth in the                      instructions for addressing the unsafe                 states:
                                             preamble, 7 CFR part 959 is amended as                  condition on these products, and doing
                                                                                                                                                               Recently, a Tay 620 engine multiple fan
                                             follows:                                                the actions specified in those                         blade release event occurred on an F28 Mk.
                                                                                                     instructions. This AD was prompted by                  0070 aeroplane. As a result, low energy fan
                                             PART 959—ONIONS GROWN IN                                a report of an engine multiple fan blade               blade fragments exited the engine by
                                             SOUTH TEXAS                                             release event. We are issuing this AD to               penetrating the engine nose cowl. Although
                                                                                                     address the unsafe condition on these                  the investigation is still on-going, one of the
                                             ■ 1. The authority citation for 7 CFR                                                                          findings was an incorrect adjustment of the
                                                                                                     products.
                                             part 959 continues to read as follows:                                                                         (emergency) maximum reverse thrust stop.
                                                                                                     DATES: This AD becomes effective
                                                 Authority: 7 U.S.C. 601–674.                                                                               Consequently, attempts to select (emergency)
                                                                                                     January 22, 2018.                                      maximum reverse thrust led to stabilized
                                             Subpart A—[Amended]                                        We must receive comments on this                    engine operation in an N1 speed range that,
                                                                                                     AD by February 20, 2018.                               in combination with other contributing
                                             ■ 2. Designate the subpart labeled                      ADDRESSES: You may send comments,                      factors, may have caused high fan blade
                                             ‘‘Order Regulating Handling’’ as subpart                using the procedures found in 14 CFR                   stresses due to flutter.
                                             A.                                                      11.43 and 11.45, by any of the following                  This condition, if not detected and
                                                                                                     methods:                                               corrected, could lead to further cases of
                                             Subpart B—Administrative Provisions                        • Federal eRulemaking Portal: Go to                 multiple fan blade release, possibly resulting
                                                                                                                                                            in damage to the aeroplane and injury to
                                                                                                     http://www.regulations.gov. Follow the                 occupants.
                                             ■  3. Designate the subpart labeled                     instructions for submitting comments.                     For the reasons described above, this
                                             ‘‘Rules and Regulations’’ as subpart B                     • Fax: 202–493–2251.                                [EASA] AD requires a one-time inspection to
                                             and revise the heading as shown above.                     • Mail: U.S. Department of                          verify the correct adjustment of the
                                                                                                     Transportation, Docket Operations, M–                  (emergency) maximum reverse thrust stop
                                             Subparts ‘‘Assessment Rates’’ and                       30, West Building Ground Floor, Room                   position and, if an incorrect adjustment is
                                             ‘‘Handling Regulations’’—[Amended]                      W12–140, 1200 New Jersey Avenue SE,                    found, accomplishment of applicable
                                                                                                     Washington, DC 20590.                                  corrective action(s). To support the
                                             ■ 4. Remove the subpart headings                           • Hand Delivery: U.S. Department of                 investigation, this [EASA] AD also requires
daltland on DSKBBV9HB2PROD with RULES




                                             ‘‘Assessment Rates’’ and ‘‘Handling                     Transportation, Docket Operations, M–                  that all findings are reported to Fokker
                                             Regulations’’.                                          30, West Building Ground Floor, Room                   Services.
                                             ■ 5. Transfer §§ 959.237 and 959.322 to                 W12–140, 1200 New Jersey Avenue SE,                      You may examine the MCAI on the
                                             subpart B.                                              Washington, DC, between 9 a.m. and 5                   internet at http://www.regulations.gov
                                             ■ 6. Section 959.237 is revised to read                 p.m., Monday through Friday, except                    by searching for and locating Docket No.
                                             as follows:                                             Federal holidays.                                      FAA–2017–1183.


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Document Created: 2018-10-26 09:31:42
Document Modified: 2018-10-26 09:31:42
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 February 5, 2018.
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 Citation83 FR 592 
CFR AssociatedMarketing Agreements; Onions and Reporting and Recordkeeping Requirements

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