[Federal Register Volume 80, Number 14 (Thursday, January 22, 2015)]
[Rules and Regulations]
[Pages 3139-3140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01016]



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  Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / 
Rules and Regulations  

[[Page 3139]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 906

[Doc. No. AMS-FV-14-0054; FV14-906-3 FIR]


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

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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SUMMARY: The Department of Agriculture (USDA) is adopting, as a final 
rule, without change, an interim rule that decreased the assessment 
rate established for the Texas Valley Citrus Committee (Committee) for 
the 2014-15 and subsequent fiscal periods from $0.16 to $0.11 per 7/10-
bushel carton or equivalent of oranges and grapefruit handled. The 
Committee locally administers the marketing order, which regulates the 
handling of oranges and grapefruit grown in the Lower Rio Grande Valley 
in Texas. The interim rule was necessary to decrease the assessment 
rate to reflect reductions to the marketing program and management fees 
while still providing adequate funding to meet program expenses.

DATES: Effective January 23, 2015.

FOR FURTHER INFORMATION CONTACT: Doris Jamieson, Marketing Specialist 
or Christian D. Nissen, Regional Director, Southeast Marketing Field 
Office, Marketing Order and Agreement Division, Fruit and Vegetable 
Program, AMS, USDA; Telephone: (863) 324-3375, Fax: (863) 291-8614, or 
Email: [email protected] or [email protected].
    Small businesses may obtain information on complying with this and 
other marketing order regulations by viewing a guide at the following 
Web site: http://www.ams.usda.gov/MarketingOrdersSmallBusinessGuide; or 
by contacting Jeffrey Smutny, Marketing Order and Agreement Division, 
Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., 
STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: 
(202) 720-8938, or Email: [email protected].

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing 
Agreement and Order No. 906, as amended (7 CFR part 906), regulating 
the handling of oranges and grapefruit grown in the Lower Rio Grande 
Valley in Texas, hereinafter referred to as the ``order.'' The order is 
effective under the Agricultural Marketing Agreement Act of 1937, as 
amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.''
    USDA is issuing this rule in conformance with Executive Orders 
12866, 13563, and 13175.
    Under the order, Texas orange and grapefruit handlers are subject 
to assessments, which provide funds to administer the order. Assessment 
rates issued under the order are intended to be applicable to all 
assessable Texas oranges and grapefruit for the entire fiscal period, 
and continue indefinitely until amended, suspended, or terminated. The 
Committee's fiscal period begins on August 1, and ends on July 31.
    In an interim rule published in the Federal Register on August 14, 
2014, and effective on August 15, 2014, (79 FR 47551, Doc. No. AMS-FV-
14-0054, FV14-906-3 IR), Sec.  906.235 was amended by decreasing the 
assessment rate established for Texas citrus for the 2014-2015 and 
subsequent fiscal periods from $0.16 to $0.11 per 7/10-bushel carton or 
equivalent. The decrease in the assessment rate is based on reductions 
in funding for its marketing program and management fees while still 
providing adequate funding to meet program expenses.

Final Regulatory Flexibility Analysis

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS) 
has considered the economic impact of this rule on small entities. 
Accordingly, AMS has prepared this final regulatory flexibility 
analysis.
    The purpose of the RFA is to fit regulatory actions to the scale of 
businesses subject to such actions in order that small businesses will 
not be unduly or disproportionately burdened. Marketing orders issued 
pursuant to the Act, and the rules issued thereunder, are unique in 
that they are brought about through group action of essentially small 
entities acting on their own behalf.
    There are approximately 170 producers of oranges and grapefruit in 
the production area and 13 handlers subject to regulation under the 
marketing order. Small agricultural producers are defined by the Small 
Business Administration (SBA) as those having annual receipts of less 
than $750,000, and small agricultural service firms are defined as 
those whose annual receipts are less than $7,000,000 (13 CFR 121.201).
    According to Committee data and information from the National 
Agricultural Statistics Service, the weighted average grower price for 
Texas citrus during the 2012-13 season was around $12.98 per box and 
total shipments were near 8.5 million boxes. Using the weighted average 
price and shipment information, and assuming a normal distribution, the 
majority of growers would have annual receipts of less than $750,000. 
In addition, based on available information, the majority of handlers 
have annual receipts of less than $7,000,000 and could be considered 
small businesses under SBA's definition. Thus, the majority of 
producers and handlers of Texas citrus may be classified as small 
entities.
    This rule continues in effect the action that decreased the 
assessment rate established for the Committee and collected from 
handlers for the 2014-15 and subsequent fiscal periods from $0.16 to 
$0.11 per 7/10-bushel carton or equivalent of Texas citrus. The 
Committee recommended 2014-15 expenditures of $809,500 and an 
assessment rate of $0.11 per 7/10-bushel carton or equivalent handled. 
The assessment rate of $0.11 is $0.05 lower than the 2013-14 rate. The 
quantity of assessable oranges and grapefruit for the 2014-15 fiscal 
period is estimated at 8.2 million 7/10-bushel cartons. Thus, the $0.11 
rate should provide $902,000 in assessment income and be adequate to 
meet this year's expenses. This action decreases the assessment rate to 
reflect

[[Page 3140]]

reduced funding for the marketing program and management fees while 
still providing adequate funding to meet program expenses.
    This rule continues in effect the action that decreased the 
assessment obligation imposed on handlers. Assessments are applied 
uniformly on all handlers, and some of the costs may be passed on to 
producers. However, decreasing the assessment rate reduces the burden 
on handlers, and may reduce the burden on producers.
    In addition, the Committee's meeting was widely publicized 
throughout the Texas citrus industry and all interested persons were 
invited to attend the meeting and participate in Committee 
deliberations on all issues. Like all Committee meetings, the June 5, 
2014, meeting was a public meeting and all entities, both large and 
small, were able to express views on this issue.
    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), the order's information collection requirements have been 
previously approved by the Office of Management and Budget (OMB) and 
assigned OMB No. 0581-0189 Generic Fruit Crops. No changes in those 
requirements as a result of this action are anticipated. Should any 
changes become necessary, they would be submitted to OMB for approval.
    This action imposes no additional reporting or recordkeeping 
requirements on either small or large Texas orange and grapefruit 
handlers. As with all Federal marketing order programs, reports and 
forms are periodically reviewed to reduce information requirements and 
duplication by industry and public sector agencies.
    USDA has not identified any relevant Federal rules that duplicate, 
overlap or conflict with this rule.
    Comments on the interim rule were required to be received on or 
before October 14, 2014. No comments were received. Therefore, for 
reasons given in the interim rule, we are adopting the interim rule as 
a final rule, without change.
    To view the interim rule, go to: http://www.regulations.gov/#!documentDetail;D=AMS-FV-14-0054-0001.
    This action also affirms information contained in the interim rule 
concerning Executive Orders 12866, 12988, 13175, and 13563; the 
Paperwork Reduction Act (44 U.S.C. Chapter 35); and the E-Gov Act (44 
U.S.C. 101).
    After consideration of all relevant material presented, it is found 
that finalizing the interim rule, without change, as published in the 
Federal Register (79 FR 47551, August 14, 2014) will tend to effectuate 
the declared policy of the Act.

List of Subjects in 7 CFR Part 906

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

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

0
Accordingly, the interim rule amending 7 CFR part 906, which was 
published at 79 FR 47551 on August 14, 2014, is adopted as a final 
rule, without change.

    Dated: January 15, 2015.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2015-01016 Filed 1-21-15; 8:45 am]
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