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Code · REGISTER · 2013-04-25 · PROPOSED RULES · Agricultural Marketing Agricultural Marketing Service RULES Assessment Rates: Oranges and Grapefruit Grown in Lower Rio Grande Valley, TX, 24329-24331 2013-09734 Oranges, Grapefruit, Tangerines, and T · Unknown

Unknown. Final rule

4,248 words·~19 min read·/register/2013/04/25/2013-09814·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2013-04-25.xml --- 78 80 Thursday, April 25, 2013 Contents Agricultural Marketing Agricultural Marketing Service RULES Assessment Rates: Oranges and Grapefruit Grown in Lower Rio Grande Valley, TX, 24329-24331 2013-09734 Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida, 24327-24329 2013-09814 Milk in the Northeast and Other Marketing Areas, 24334-24336 2013-09819 Reporting Requirements: Cranberries Grown in Massachusetts, Rhode Island, Connecticut, New Jersey, Wisconsin, Michigan, Minnesota, Oregon, Washington, and Long Island, NY, 24333-24334 2013-09817 Temporary Suspension of Handling Regulations:
Apricots Grown in Designated Counties in Washington, 24331-24333 2013-09738 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Sheep Industry Improvement Center, 24380 2013-09740 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Farm Service Agency See Forest Service Animal Animal and Plant Health Inspection Service PROPOSED RULES Importation of Plants for Planting, 24634-24663 2013-09737 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Electronic Fund Transfers:
Determination of Effect on Maine and Tennessee State Laws, 24386-24391 2013-09751 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 24422-24423 2013-09756 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 24423-24425 2013-09797 Commerce Commerce Department See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Meetings;
Sunshine Act, 24385-24386 2013-09847 2013-09848 2013-09849 2013-09850 2013-09851 Consumer Product Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 24391 2013-09925 Defense Department Defense Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 24392 2013-09755 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Carl D. Perkins Career and Technical Education Improvement Act State Plan Guide, 24394 2013-09800 Evaluation and Accountability Report for Title II, Part D (Ed Tech) of ESEA, 24392-24393 2013-09794 Federal Perkins Loan Program Regulations, 24394-24395 2013-09791 Promoting Student Success in Algebra I Project, 24393-24394 2013-09787 Applications for New Awards:
Training and Information for Parents of Children with Disabilities; Parent Training and Information Centers, 24395-24401 2013-09806 Meetings: President's Advisory Commission on Asian Americans and Pacific Islanders, 24401-24402 2013-09712 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Implementation Plans; Approvals and Promulgations: Oregon; Open Burning and Enforcement Procedures, 24347-24349 2013-09695 Time-Limited Exemption from the Requirement of a Tolerance:
Bacillus mycoides isolate J, 24349-24353 2013-09706 PROPOSED RULES Air Quality Implementation Plans; Approvals and Promulgations: Wisconsin; Vehicle Inspection and Maintenance Program; Amendments, 24373-24378 2013-09536 Greenhouse Gas Reporting Rule: 2013 Revisions and Proposed Confidentiality Determinations for New or Substantially Revised Data Elements, 24378-24379 C1--2013--06093 Farm Credit Farm Credit Administration RULES Rules of Practice and Procedure: Adjusting Civil Money Penalties for Inflation, 24336-24338 2013-09807 Farm Service Farm Service Agency NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Minority Farm Register, 24381 2013-09745 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Cessna Aircraft Company Airplanes, 24343-24346 2013-09214 Kelowna Flightcraft R and D Ltd. Airplanes, 24340-24343 2013-08987 The Boeing Company Airplanes, 24338-24340 2013-08996 Modification of VOR Federal Airway V-595, Oregon, 24346-24347 2013-09566 PROPOSED RULES Airworthiness Directives: AgustaWestland S.p.A. Helicopters, 24367-24368 2013-09715 Bell Helicopter Textron, Inc.
(Bell)Model Helicopters, 24368-24371 2013-09764 Robinson Helicopter Company (Robinson), 24371-24372 2013-09771 Sikorsky-Manufactured Transport and Restricted Category Helicopters, 24363-24366 2013-09767 Federal Bureau Federal Bureau of Investigation NOTICES Meetings: Criminal Justice Information Services Advisory Policy Board, 24437 2013-09707 Federal Communications Federal Communications Commission NOTICES Auctions of Lower and Upper Paging Band Licenses: Filing Requirements, Minimum Opening Bids, Upfront Payments, and Other Procedures for Auction 95, 24404-24420 2013-09802 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 24402-24403 2013-09757 Combined Filings, 24403-24404 2013-09777 Petitions: Kootenai Electric Cooperative, Inc., 24404 2013-09758 Federal Housing Finance Agency Federal Housing Finance Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 24420-24422 2013-09702 Federal Motor Federal Motor Carrier Safety Administration NOTICES Meetings; Sunshine Act, 24463 2013-09914 Financial Crimes Financial Crimes Enforcement Network PROPOSED RULES Special Measures Against Financial Institutions of Primary Money Laundering Concern: Halawi Exchange Co., 24584-24592 2013-09784 Kassem Rmeiti and Co. For Exchange, 24576-24584 2013-09782 NOTICES Financial Institutions of Primary Money Laundering Concern: Halawi Exchange Co., 24596-24599 2013-09785 Kassem Rmeiti and Co. For Exchange, 24593-24596 2013-09783 Recordkeeping and Reporting Obligations on Certain U.S. Financial Institutions of Primary Money Laundering Concern: Halawi Exchange Co., 24601-24602 2013-09786 Kassem Rmeiti and Co. For Exchange, 24599-24601 2013-09779 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: Annual Findings on Resubmitted Petitions for Foreign Species; Annual Description of Progress on Listing Actions, 24604-24632 2013-09504 Designation of Critical Habitat for the Sierra Nevada Yellow-legged Frog, the Northern Distinct Population Segment of the Mountain Yellow-legged Frog, and the Yosemite Toad, 24516-24574 2013-09598 Endangered Status for the Sierra Nevada Yellow-legged Frog and the Northern Distinct Population Segment of the Mountain Yellow-legged Frog, and Threatened Status for the Yosemite Toad, 24472-24514 2013-09600 NOTICES Permits: Endangered Species, 24432-24433 2013-09714 Food and Drug Food and Drug Administration NOTICES Guidance for Industry and Staff; Availability: Assay Migration Studies for In Vitro Diagnostic Devices, 24425-24426 2013-09759 Meetings: Orthopaedic and Rehabilitation Devices Panel of the Medical Devices Advisory Committee, 24426 2013-09744 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Property: Designation of 1 Individual with Respect to Human Rights Abuses in Syria, 24468 2013-09793 Forest Forest Service NOTICES Meetings: Southwest Idaho Resource Advisory Committee, 24381-24382 2013-09717 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See National Institutes of Health NOTICES Meetings: President's Council on Fitness, Sports, and Nutrition; Correction, 24422 2013-09815 Homeland Homeland Security Department See Transportation Security Administration See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection NOTICES P25 Compliance Assessment Program for Communications Equipment, 24428-24429 2013-09805 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Eligibility of a Nonprofit Corporation/Housing Consultant Certification, 24430-24431 2013-09828 Housing Counseling Training Program, 24431-24432 2013-09836 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Ocean Energy Management Bureau International Trade Com International Trade Commission NOTICES Countervailing Duty Orders; Results, Extensions, Amendments, etc.: Hot-Rolled Steel Products From China, India, Indonesia, Taiwan, Thailand, and Ukraine, 24435-24436 2013-09780 Justice Department Justice Department See Federal Bureau of Investigation NOTICES Consent Decrees: Clean Air Act, 24436-24437 2013-09687 Labor Department Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Occupational Safety and Health Administration Data Initiative, 24437-24438 2013-09789 Land Land Management Bureau NOTICES Meetings: Central California Resource Advisory Council, 24433-24434 2013-09720 Wyoming Resource Advisory Council, 24433 2013-09778 National Highway National Highway Traffic Safety Administration NOTICES Petitions for Decision of Eligibility for Importation: Nonconforming 2005-2007 BMW 5 Series Passenger Cars Manufactured Before September 1, 2006, 24463-24464 2013-09728 Nonconforming 2011 Thule 3008BL Boat Trailers, 24464-24465 2013-09724 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Genomics and Society Public Surveys in Conjunction with Smithsonian Museum of Natural History Genome Exhibit, 24427-24428 2013-09824 Meetings: Center for Scientific Review, 24428 2013-09753 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Greenland Turbot in Aleutian Islands Subarea of Bering Sea and Aleutian Islands Management Area; Closure, 24362 2013-09810 Greenland Turbot in Bering Sea Subarea of Bering Sea and Aleutian Islands Management Area; Closure, 24361-24362 2013-09820 Fisheries Off West Coast States: Modifications of West Coast Commercial and Recreational Salmon Fisheries; Inseason Actions No. 1 and No. 2, 24360-24361 2013-09808 NOTICES Endangered and Threatened Species: Take of Anadromous Fish, 24382-24385 2013-09803 National Park National Park Service NOTICES Inventory Completions: Mesa Verde National Park, Mesa Verde, CO; Correction, 24434-24435 2013-09746 Neighborhood Neighborhood Reinvestment Corporation NOTICES Meetings; Sunshine Act, 24438 2013-09941 2013-09944 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Evaluations of Explosions Postulated to Occur at Nearby Facilities and on Transportation Routes Near Nuclear Power Plants, 24438-24439 2013-09795 Japan Lessons-Learned Project Directorate Interim Staff Guidance; Draft, 24439-24441 2013-09796 Meetings: Advisory Committee on Reactor Safeguards Subcommittee on Evolutionary Power Reactor, 24441 2013-09792 Advisory Committee on Reactor Safeguards Subcommittee on Planning and Procedures, 24441-24442 2013-09798 Advisory Committee on Reactor Safeguards Subcommittees on Reliability and PRA, 24442 2013-09790 Ocean Energy Management Ocean Energy Management Bureau NOTICES Outer Continental Shelf Oil and Gas Lease Sales: Western Gulf of Mexico Planning Area, (WPA Sale 233), 24435 2013-09825 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 24442-24445 2013-09765 2013-09768 2013-09773 Applications: Goldman Sachs Trust, et al., 24447-24449 2013-09769 Symetra Mutual Funds Trust, et al., 24445-24447 2013-09772 Self-Regulatory Organizations; Proposed Rule Changes: BOX Options Exchange, LLC, 24449-24455 2013-09770 C2 Options Exchange, Inc., 24456-24458 2013-09766 NASDAQ OMX BX, Inc., 24458-24461 2013-09711 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 24461-24462 2013-09752 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: The Dead Sea Scrolls - Life and Faith in Ancient Times, Formerly Titled, The Dead Sea Scrolls - Life and Faith in Biblical Times, 24462 2013-09844 Designations as Foreign Terrorist Organizations: Abu Sayyaf Group (and Other Aliases), 24463 2013-09842 Surface Transportation Surface Transportation Board NOTICES Acquisition and Operation Exemptions: Ballard Terminal Railroad Co., LLC; Woodinville Subdivision, 24465-24466 2013-09760 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration See Surface Transportation Board See Transportation Security Administration Security Transportation Security Administration RULES Provisions for Fees: Hazardous Materials Endorsements and Transportation Worker Identification Credentials, 24353-24360 2013-09732 Treasury Treasury Department See Financial Crimes Enforcement Network See Foreign Assets Control Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 24466-24468 2013-09774 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Inter-Agency Alien Witness and Informant Record, 24429-24430 2013-09748 Customs U.S. Customs and Border Protection NOTICES Tuna Tariff Rate Quota, 2013, 24430 2013-09749 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Ethics Consultation Feedback Tool, 24469 2013-09811 Inquiry Concerning Applicant for Employment, 24468-24469 2013-09812 Marital Status Questionnaire, 24469-24470 2013-09809 uSPEQ Consumer Survey Experience (Rehabilitation), 24470 2013-09813 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 24472-24514 2013-09600 Part III Interior Department, Fish and Wildlife Service, 24516-24574 2013-09598 Part IV Treasury Department, Financial Crimes Enforcement Network, 24576-24602 2013-09784 2013-09782 2013-09785 2013-09783 2013-09786 2013-09779 Part V Interior Department, Fish and Wildlife Service, 24604-24632 2013-09504 Part VI Agriculture Department, Animal and Plant Health Inspection Service, 24634-24663 2013-09737 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 78 80 Thursday, April 25, 2013 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 905 [Doc. No. AMS-FV-12-0045; FV12-905-1 FR] Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida; Increased Assessment Rate AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This rule increases the assessment rate established for the Citrus Administrative Committee (Committee) for the 2012-13 and subsequent fiscal periods from $0.0072 to $0.008 per 4/5 bushel carton of citrus handled. The Committee locally administers the marketing order that regulates the handling of oranges, grapefruit, tangerines, and tangelos grown in Florida. Assessments upon citrus handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. DATES: *Effective Date:* April 26, 2013. FOR FURTHER INFORMATION CONTACT: Corey E. Elliott, 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)325-8793, or Email: *Corey.Elliott@ams.usda.gov* or *Christian.Nissen@ams.usda.gov* . Small businesses may request information on complying with this regulation 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: *Jeffrey.Smutny@ams.usda.gov* . SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Order No. 905, as amended (7 CFR part 905), regulating the handling of oranges, grapefruit, tangerines, and tangelos grown in Florida, hereinafter referred to as the “order.” The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” The Department of Agriculture
(USDA)is issuing this rule in conformance with Executive Order 12866. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the marketing order now in effect, Florida citrus 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 citrus beginning on August 1, 2012, and continue until amended, suspended, or terminated. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. Such handler is afforded the opportunity for a hearing on the petition. After the hearing, USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This rule increases the assessment rate established for the Committee for the 2012-13 and subsequent fiscal periods from $0.0072 to $0.008 per 4/5 bushel carton of citrus. The Florida citrus 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 Florida citrus. They are familiar with the Committee's needs and with the costs for goods and services in their local area. Thus, they are 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 2007-08 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 based upon a recommendation and information submitted by the Committee or other information available to USDA. The Committee met on July 17, 2012, and unanimously recommended 2012-13 expenditures of $223,500 and an assessment rate of $0.008 per 4/5 bushel carton of citrus. In comparison, last year's budgeted expenditures were also $223,500. The assessment rate of $0.008 is $0.0008 higher than the rate currently in effect. The Committee estimates 2012-2013 production to be approximately 27.3 million 4/5 bushel cartons, down from the 29.5 million 4/5 bushel cartons estimated for last year. At the current assessment rate, assessment income would equal only $196,560, an amount insufficient to cover the Committee's anticipated expenditures. The assessment rate increase will generate additional revenue and will help offset the amount of reserves needed to fund the budget. Therefore, the Committee recommended increasing the assessment rate. The major expenditures recommended by the Committee for the 2012-13 year include $116,200 for salaries, $25,000 for Florida Department of Agriculture and Consumer Services (FDACS) manifesting, and $18,250 for a retirement plan. Budgeted expenses for these items in 2011-12 were the same as recommended for 2012-13 budgeted expenditures, respectively. The assessment rate recommended by the Committee was derived by reviewing anticipated expenses, expected shipments of Florida citrus, interest income, and available reserves. Citrus shipments for the year are estimated at 27.3 million 4/5 bushel cartons which should provide $218,400 in assessment income. Income derived from handler assessments, along with interest income and funds from the Committee's authorized reserve should be adequate to cover budgeted expenses. Funds in the reserve (approximately $34,000) will be kept within the maximum permitted by the order, not to exceed one half of one fiscal period's expenses as stated in § 905.42. The assessment rate established in this rule will continue in effect indefinitely unless modified, suspended, or terminated by USDA based upon a recommendation and information submitted by the Committee or other available information. Although this assessment rate will be in effect for an indefinite period, the Committee will continue to meet prior to or during each fiscal period to recommend a budget of expenses and consider recommendations for modification of the assessment rate. The dates and times of Committee meetings are available from the Committee or USDA. Committee meetings are open to the public and interested persons may express their views at these meetings. USDA will evaluate Committee recommendations and other available information to determine whether modification of the assessment rate is needed. Further rulemaking will be undertaken as necessary. The Committee's 2012-13 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 business 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 45 handlers subject to regulation under the marketing order and approximately 8,000 producers of citrus in the production area. Small agricultural service firms are defined by the Small Business Administration
(SBA)as those whose annual receipts are less than $7,000,000, and small agricultural producers are defined as those having annual receipts less than $750,000 (13 CFR 121.201). Based on industry and Committee data, the average annual f.o.b. price for fresh Florida citrus during the 2010-11 season was approximately $12.16 per 4/5 bushel carton, and total fresh shipments were approximately 30.4 million cartons. Using the average f.o.b. price and shipment data, about 55 percent of the Florida citrus handlers could be considered small businesses under SBA's definition. In addition, based on production data, grower prices as reported by the National Agricultural Statistics Service, and the total number of Florida citrus growers, the average annual grower revenue is below $750,000. Thus, assuming a normal distribution, the majority of handlers and producers of Florida citrus may be classified as small entities. This rule increases the assessment rate established for the Committee and collected from handlers for the 2012-13 and subsequent fiscal periods from $0.0072 to $0.008 per 4/5 bushel carton of citrus. The Committee unanimously recommended 2012-13 expenditures of $223,500 and an assessment rate of $0.008 per 4/5 bushel carton of citrus. The assessment rate of $0.008 is $0.0008 higher than the 2011-12 rate. The quantity of assessable citrus for the 2012-13 season is estimated at 27.3 million cartons. Thus, the $0.008 rate should provide $218,400 in assessment income. Income derived from handler assessments, along with interest income and funds from the Committee's authorized reserve fund should be adequate to meet this year's anticipated expenses. The major expenditures recommended by the Committee for the 2012-13 year include $116,200 for salaries, $25,000 for Florida Department of Agriculture and Consumer Services (FDACS) manifesting, and $18,250 for a retirement plan. Budgeted expenses for these items in 2011-12 were the same as recommended for 2012-13 budgeted expenditures, respectively. As previously stated, the Committee estimates the 2012-2013 production to be approximately 27.3 million 4/5 bushel cartons, down from the 29.5 million 4/5 bushel cartons estimated for last year. At the current assessment rate, assessment income would equal only $196,560, an amount insufficient to cover the Committee's anticipated expenditures. The assessment rate increase will generate additional revenue and will help offset the amount of reserves needed to fund the budget. Therefore, the Committee recommended increasing the assessment rate. The Committee reviewed and unanimously recommended 2012-13 expenditures of $223,500. Prior to arriving at this budget, the Committee considered information from the Committee's Executive Subcommittee. Alternative expenditure levels were discussed by this group. The assessment rate of $0.008 per 4/5 bushel carton of citrus was then determined by reviewing anticipated expenses, total expected shipments of citrus, interest income, and the available reserves. Based on estimated shipments of 27.3 million cartons, the increased assessment rate should provide $218,400 in assessment income. This is approximately $5,100 less than anticipated expenses, which the Committee determined to be acceptable. A review of historical information and preliminary information pertaining to the upcoming crop year indicates that the grower price for the 2012-13 season could range between $3.83 and $10.13 per 4/5 bushel carton of citrus. Therefore, the estimated assessment revenue for the 2012-13 crop year as a percentage of total grower revenue could range between .08 and .2 percent. This action increases the assessment obligation imposed on handlers. While assessments impose some additional costs on handlers, the costs are minimal and uniform on all handlers. Some of the additional costs may be passed on to producers. However, these costs are offset by the benefits derived by the operation of the marketing order. In addition, the Committee's meeting was widely publicized throughout the Florida 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 July 17, 2012, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. In accordance with the Paperwork Reduction Act of 1995, (44 U.S.C. chapter 35), the order's information collection requirements have been previously approved by the Office of Management and Budget
(OMB)and assigned OMB No. 0581-0189, Generic Fruit Crops. No changes in those requirements as a result of this action are necessary. Should any changes become necessary, they would be submitted to OMB for approval. This rule imposes no additional reporting or recordkeeping requirements on either small or large Florida citrus 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 January 15, 2013 (78 FR 2908). Copies of the proposed rule were also mailed or sent via facsimile to all Florida citrus handlers. Finally, the proposal was made available through the Internet by USDA and the Office of the Federal Register. A 10-day comment period ending January 25, 2013, was provided for interested persons to respond to the proposal. No comments were received. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: *www.ams.usda.gov/MarketingOrdersSmallBusinessGuide.* Any questions about the compliance guide should be sent to Jeffrey Smutny at the previously-mentioned address in the FOR FURTHER INFORMATION CONTACT section. After consideration of all relevant material presented, including the information and recommendation submitted by the Committee and other available information, it is hereby found that this rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act. Pursuant to 5 U.S.C. 553, it is also found and determined that good cause exists for not postponing the effective date of this rule until 30 days after publication in the **Federal Register** because the crop year began August 1, handlers are already receiving 2012-13 citrus from growers, and the order requires that the rate of assessment apply to all assessable citrus handled during such period. In addition, the Committee needs to have sufficient funds to pay its expenses, which are incurred on a continuous basis. Further, handlers are aware of this rule, which was recommended at a public meeting. Also, a 10-day comment period was provided for in the proposed rule, and no comments were received. List of Subjects in 7 CFR Part 905 Grapefruit, Oranges, Reporting and recordkeeping requirements, Tangelos, Tangerines. For the reasons set forth in the preamble, 7 CFR part 905 is amended as follows: PART 905—ORANGES, GRAPEFRUIT, TANGERINES, AND TANGELOS GROWN IN FLORIDA 1. The authority citation for 7 CFR part 905 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. Section 905.235 is revised to read as follows: § 905.235 Assessment rate. On and after August 1, 2012, an assessment rate of $0.008 per 4/5 bushel carton or equivalent is established for Florida citrus covered under the order. Dated: April 22, 2013. David R. Shipman, Administrator, Agricultural Marketing Service. [FR Doc. 2013-09814 Filed 4-24-13; 8:45 am]
Connectionstraces to 4
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  • 7 CFR 905
  • 7 USC 601-674
  • 5 USC 601-612
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