Federal Register / Vol. 78, No. 80 / Thursday, April 25, 2013 / Rules and Regulations 24331 

research and promotion projects to the 

Texas citrus industry. The assessment 

rate of $0.16 per 7/10-bushel carton or 

equivalent of assessable oranges and 

grapefruit was then determined by 

dividing the total recommended budget 

by the quantity of assessable oranges 

and grapefruit, estimated at 8.5 million 

7/10-bushel cartons or equivalent for the 

2012–13 fiscal period. Based on 

estimated shipments, the recommended 

assessment rate of $0.16 should provide 

$1,360,000 in assessment income. This 

is approximately $19,200 above the 

anticipated expenses of $1,340,800, 

which the Committee determined to be 

acceptable as any assessments collected 

above expenditures are to be added to 

reserves. 

A review of historical information and 

preliminary information pertaining to 

the upcoming fiscal period indicates 

that the grower price for the 2012–13 

season could range between $8.98 and 

$16.35 per 7/10-bushel carton or 

equivalent of oranges and grapefruit. 

Therefore, the estimated assessment 

revenue for the 2012–13 fiscal period, as 

a percentage of total grower revenue, 

could range between 1 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 

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, 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 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. 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 9, 2013 (78 FR 

1763). Copies of the proposed rule were 

also mailed or sent via facsimile to all 

orange and grapefruit 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 22, 

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 handlers are already receiving 

2012–13 oranges and grapefruit from 

growers, and the crop year began on 

August 1 and the assessment rate 

applies to all oranges and grapefruit 

received during the 2012–13 and 

subsequent fiscal periods. 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 906 

Grapefruit, Marketing agreements, 

Oranges, Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 906 is amended as 

follows: 

PART 906—ORANGES AND 

GRAPEFRUIT GROWN IN LOWER RIO 

GRANDE VALLEY IN TEXAS 

■ 1. The authority citation for 7 CFR 

part 906 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 906.235 is revised to read 

as follows: 

§ 906.235 Assessment rate. 

On and after August 1, 2012, an 

assessment rate of $0.16 per 7/10-bushel 

carton or equivalent is established for 

oranges and grapefruit grown in the 

Lower Rio Grande Valley in Texas. 

Dated: April 19, 2013. 

David R. Shipman, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2013–09734 Filed 4–24–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 922 

[Docket No. AMS–FV–12–0028; FV12–922– 

2 FIR] 

Apricots Grown in Designated 

Counties in Washington; Temporary 

Suspension of Handling Regulations 

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 temporarily suspended the 

handling regulations and inspection 

requirements prescribed under the 

marketing order for apricots grown in 

designated Counties in Washington. The 

interim rule suspended the minimum 

grade, size, quality, maturity, and 

inspection requirements for the 2012– 

2013 fiscal period. This change is 

expected to reduce overall industry 

expenses and increase net returns to 

producers and handlers. 

DATES: Effective April 26, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Manuel Michel, Marketing Specialist, or 

Gary Olson, Regional Director, 

Northwest Marketing Field Office, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA; Telephone: (503) 326– 


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24332 Federal Register / Vol. 78, No. 80 / Thursday, April 25, 2013 / Rules and Regulations 

2724; Fax: (503) 326–7440; or Email: 

Manuel.Michel@ams.usda.gov or 

GaryD.Olson@ams.usda.gov. 

Small businesses may obtain 

information on complying with this and 

other marketing order and agreement 

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 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. 922, as amended (7 CFR 

922), regulating the handling of apricots 

grown in designated counties in 

Washington, 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 Order 

12866. 

The handling of apricots grown in 

designated Counties in Washington is 

regulated by 7 CFR part 922. Section 

922.321, with exemptions for certain 

varieties and types of shipments, 

provides that all apricots shall grade not 

less than Washington No. 1, and are at 

least reasonably uniform in color; 

provided, that such apricots of the 

Moorpark variety in open containers 

shall be generally well matured. The 

regulation also includes a minimum 

quantity exemption, as well as specific 

tolerances for apricots that fail to meet 

color, minimum diameter, and quality 

requirements. The objective of the 

handling regulation has been to ensure 

that only acceptable quality apricots 

enter fresh market channels, thereby 

ensuring consumer satisfaction, 

increasing sales, and improving returns 

to producers. However, due to the 

evolving nature of fresh fruit marketing, 

many wholesale and retail apricot 

buyers now require their own specific 

criteria for product quality from all 

handlers. Therefore, this rule continues 

in effect the interim rule that suspended 

the handling regulations prescribed in 

§ 922.321 for the 2012–2013 fiscal 

period. 

Section 922.111 contains provisions 

for handlers to apply for waivers from 

mandatory inspection when such 

inspection is not readily available from 

the Inspection Service. With the 

suspension of the regulation, such 

waivers are no longer necessary. 

Therefore, consistent with the 

suspension of § 922.321, this rule also 

continues in effect the interim rule that 

suspended § 922.111 for the 2012–2013 

fiscal period. 

In an interim rule published in the 

Federal Register on January 8, 2013, 

and effective on January 9, 2013, (78 FR 

1127, Doc. No. AMS–FV–12–0028, 

FV12–922–2 IR), §§ 922.321 and 

922.111 were suspended for the 2012– 

13 fiscal period, ending March 31, 2013. 

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 

action 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 20 handlers 

of Washington apricots who are subject 

to regulation under the marketing order 

and approximately 94 apricot producers 

in the production area. Small 

agricultural service firms are defined by 

the Small Business Administration 

(SBA) as those having annual receipts of 

less than $7,000,000, and small 

agricultural producers are defined as 

those having annual receipts of less than 

$750,000 (13 CFR 121.201). 

The National Agricultural Statistics 

Service (NASS) reports that the total 

annual production of Washington 

apricots has fluctuated from 

approximately 4,200 to 8,900 tons per 

year for the past several years. NASS 

also reports that the 2011 value of 

utilized production for Washington 

apricots was $7,132,000. Therefore, 

based on the 2011 value of Washington 

apricots and the approximate number of 

apricot producers in the production 

area, the 2011 average producer receipts 

were approximately $76,000; which is 

considerably less than the $750,000 

threshold. In view of the foregoing, it 

can be concluded that a majority of the 

handlers and producers of Washington 

apricots may be classified as small 

entities. 

This rule continues in effect the 

interim rule that suspended the 

handling regulations specified in 

§§ 922.111 and 922.321 for the 2012– 

2013 fiscal period. The suspension of 

these handling regulations allows the 

Washington apricot industry to market 

apricots without regard to the minimum 

grade, size, quality, maturity, and 

inspection requirements prescribed 

under the federal marketing order. 

Authority for this action is provided in 

§ 922.53. 

This action is not expected to increase 

the costs associated with the order 

requirements. Rather, this action allows 

handlers to decrease their costs during 

the 2012–2013 fiscal period by 

eliminating the expense associated with 

mandatory inspection. However, this 

rule does not impede handlers from 

seeking inspection on a voluntary basis 

if they find inspection desirable. The 

opportunities and benefits of this rule 

are equally available to all Washington 

apricot handlers and producers, 

regardless of their size. 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520), 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 will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

apricot 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. In addition, USDA has 

not identified any relevant Federal rules 

that duplicate, overlap, or conflict with 

this rule. 

Further, the Committee’s meeting was 

widely publicized throughout the 

Washington apricot industry and all 

interested persons were invited to 

attend the meeting and participate in 

Committee deliberations. Like all 

Committee meetings, the May 24, 2012, 

meeting was a public meeting and all 

entities, both large and small, were able 

to express their views on this issue. 

Comments on the interim rule were 

required to be received on or before 

March 11, 2013. No comments were 

received. Therefore, for the 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/ 


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Federal Register / Vol. 78, No. 80 / Thursday, April 25, 2013 / Rules and Regulations 24333 

#!documentDetail;D=AMS-FV-12-0028- 

0001. 

This action also affirms information 

contained in the interim rule concerning 

Executive Orders 12866 and 12988, the 

Paperwork Reduction Act (44 U.S.C. 

3501–3520), and the E-Gov Act (44 

U.S.C. 101). 

After consideration of all relevant 

material presented, including the 

Committee’s recommendation, and 

other information, it is found that 

finalizing the interim rule, without 

change, as published in the Federal 

Register (78 FR 1127, January 8, 2013) 

will tend to effectuate the declared 

policy of the Act. 

List of Subjects in 7 CFR Part 922 

Apricots, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

PART 922—APRICOTS GROWN IN 

DESIGNATED COUNTIES IN 

WASHINGTON—[AMENDED] 

■ Accordingly, the interim rule that 

amended 7 CFR part 922 and was 

published at 78 FR 1127 on January 8, 

2013, is adopted as a final rule, without 

change. 

Dated: April 19, 2013. 

Rex A. Barnes, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2013–09738 Filed 4–24–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 929 

[Doc. No. AMS–FV–12–0002; FV12–929–1 

FIR] 

Cranberries Grown in States of 

Massachusetts, Rhode Island, 

Connecticut, New Jersey, Wisconsin, 

Michigan, Minnesota, Oregon, 

Washington, and Long Island in the 

State of New York; Changing 

Reporting Requirements 

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 revised the reporting 

requirements prescribed under the 

marketing order for cranberries grown in 

the States of Massachusetts, Rhode 

Island, Connecticut, New Jersey, 

Wisconsin, Michigan, Minnesota, 

Oregon, Washington, and Long Island in 

the State of New York (order). The 

interim rule changed the dates covered 

by the third reporting period and the 

date by which the Handler Inventory 

Report (Form HIR) is due to the 

Committee. These changes help ensure 

the Committee has current and complete 

information available for its discussions 

during its annual August meeting, while 

providing handlers sufficient time to 

submit their reports. 

DATES: Effective April 26, 2013. 

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) 325–8793, 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 and agreement 

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. 929, both as amended (7 

CFR part 929), regulating the handling 

of cranberries produced in the States of 

Massachusetts, Rhode Island, 

Connecticut, New Jersey, Wisconsin, 

Michigan, Minnesota, Oregon, 

Washington, and Long Island in the 

State of New York, 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 Order 

12866. 

The handling of cranberries grown in 

the States of Massachusetts, Rhode 

Island, Connecticut, New Jersey, 

Wisconsin, Michigan, Minnesota, 

Oregon, Washington, and Long Island in 

the State of New York is regulated by 7 

CFR part 929. Prior to this change, 

reports were to be filed with the 

Committee by each handler not later 

than January 20, May 20, and August 20 

of each fiscal period and by September 

20 of the succeeding fiscal period. The 

Handler Inventory Report (Form HIR) 

previously showed the total quantity of 

cranberries acquired and the total 

quantity of cranberries and Vaccinium 

oxycoccus cranberries handled from the 

beginning of the reporting period 

indicated through December 31, April 

30, July 31, and August 31, respectively. 

The reports also previously showed the 

total quantity of cranberries and 

Vaccinium oxycoccus cranberries as 

well as cranberry products and 

Vaccinium oxycoccus cranberry 

products held by the handler on January 

1, May 1, August 1, and August 31 of 

each fiscal period. However, having the 

report due by August 20 meant that this 

information, which is important for 

Committee discussions, may not be 

received prior to the Committee’s 

annual August meeting. Therefore, this 

rule continues in effect the rule that 

changed the timeframes for the third 

reporting period by adjusting the due 

date from August 20 to July 20, the end 

date from July 31 to June 30 for 

cranberries acquired and handled, and 

the date for reporting inventory held 

from August 1 to June 30. 

In an interim rule published in the 

Federal Register on August 30, 2012, 

and effective on August 31, 2012, (77 FR 

52595, Doc. No. AMS–FV–12–0002, 

FV12–929–1 IR), § 929.105 was 

amended by changing the due date for 

the third reporting period from August 

20 to July 20, adjusting the end date 

from July 31 to June 30 for cranberries 

acquired and handled, and changing the 

date for reporting inventory held from 

August 1 to June 30. 

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 

action 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 55 handlers 

of cranberries who are subject to 

regulation under the marketing order 

and approximately 1,200 cranberry 

producers in the regulated area. Small 

agricultural service firms are defined by 


wreier-aviles on DSK5TPTVN1PROD with RULES