This section of the FEDERAL REGISTER

contains regulatory documents having general

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are keyed to and codified in the Code of

Federal Regulations, which is published under

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Rules and Regulations Federal Register

3139 

Vol. 80, No. 14 

Thursday, January 22, 2015 

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. 

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: 

Doris.Jamieson@ams.usda.gov or 

Christian.Nissen@ams.usda.gov. 

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: 

Jeffrey.Smutny@ams.usda.gov. 

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), § 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 


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3140 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Rules and Regulations 

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 EGov 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 

■ 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] 

BILLING CODE P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 948 

[Doc. No. AMS–FV–14–0092; FV15–948–1 

IR] 

Irish Potatoes Grown in Colorado; 

Relaxation of the Handling Regulation 

for Area No. 3 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: This rule revises the 

minimum quantity exception for 

potatoes handled under the Colorado 

potato marketing order, Area No. 3 

(order). The order regulates the handling 

of Irish potatoes grown in Colorado and 

is administered locally by the Colorado 

Potato Administrative Committee, Area 

No. 3 (Committee). This rule increases 

the quantity of potatoes that may be 

handled under the order without regard 

to the order’s handling regulation 

requirements from 1,000 to 2,000 

pounds. This action is expected to 

benefit producers and handlers. 

DATES: Effective January 23, 2015; 

comments received by March 23, 2015 

will be considered prior to issuance of 

a final rule. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this rule. Comments must be 

sent to the Docket Clerk, Marketing 

Order and Agreement Division, Fruit 

and Vegetable Program, AMS, USDA, 

1400 Independence Avenue SW., STOP 

0237, Washington, DC 20250–0237; Fax: 

(202) 720–8938; or Internet: http://

www.regulations.gov. All comments 

should reference the document number 

and the date and page number of this 

issue of the Federal Register and will be 

made available for public inspection in 

the Office of the Docket Clerk during 

regular business hours, or can be viewed 

at: http://www.regulations.gov. All 

comments submitted in response to this 

rule will be included in the record and 

will be made available to the public. 

Please be advised that the identity of the 

individuals or entities submitting 

comments will be made public on the 

internet at the address provided above. 

FOR FURTHER INFORMATION CONTACT: Sue 

Coleman, Marketing Specialist, or Gary 

D. Olson, Regional Director, Northwest 

Marketing Field Office, Marketing Order 

and Agreement Division, Fruit and 

Vegetable Program, AMS, USDA; 

Telephone: (503) 326–2724, Fax: (503) 

326–7440, or Email: Sue.Coleman@

ams.usda.gov or GaryD.Olson@

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 Agreement 

No. 97 and Order No. 948, both as 

amended (7 CFR part 948), regulating 

the handling of Irish potatoes grown in 

Colorado, hereinafter referred to as the 

‘‘order.’’ The order is effective under the 

Agricultural Marketing Agreement Act 

of 1937, as amended (7 U.S.C. 601–674), 

hereinafter referred to as the ‘‘Act.’’ 

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Orders 

12866, 13563, and 13175. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule is not intended to 

have retroactive effect. 

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. A handler 

is afforded the opportunity for a hearing 

on the petition. After the hearing, USDA 

would rule on the petition. The Act 


tkelley on DSK3SPTVN1PROD with RULES