28120 Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Rules and Regulations 

guide should be sent to Jeffrey Smutny 

at the previously mentioned address in 

the FOR FURTHER INFORMATION CONTACT

section. 

This rule invites comments on 

changes to the reporting and assessment 

requirements currently prescribed under 

the order. Any comments received will 

be considered prior to finalization of 

this rule. 

After consideration of all relevant 

material presented, including the 

Committee’s recommendation and other 

information, it is found that this interim 

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 upon good cause 

that it is impracticable, unnecessary, 

and contrary to the public interest to 

give preliminary notice prior to putting 

this rule into effect and that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because: (1) This rule relaxes 

requirements by giving handlers 

additional time to submit monthly 

reports and assessments; (2) Vidalia 

onion handlers began shipping onions 

on April 17; (3) this issue has been 

widely discussed at industry meetings, 

and the Committee has kept the 

industry well informed; (4) the 

Committee unanimously recommended 

these changes at a public meeting and 

interested parties had an opportunity to 

provide input; and (5) this rule provides 

a 60-day comment period, and any 

comments received will be considered 

prior to finalization of this rule. 

List of Subjects in 7 CFR Part 955 

Marketing agreements, Onions, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 955 is amended as 

follows: 

PART 955—VIDALIA ONIONS GROWN 

IN GEORGIA 

■ 1. The authority citation for 7 CFR 

part 955 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

§ 955.101 [Amended] 

■ 2. In § 955.101, paragraph (b) is 

amended by revising the word ‘‘fifth’’ to 

read ‘‘tenth’’, and the words ‘‘prior to’’ 

to read ‘‘following’’ respectively, 

everywhere they appear. 

§ 955.142 [Amended] 

■ 3. In § 955.142, paragraph (a) is 

amended by revising the word ‘‘fifth’’ to 

read ‘‘tenth’’, and the words ‘‘prior to’’ 

to read ‘‘following’’ respectively, 

everywhere they appear. 

Dated: May 9, 2013. 

Rex A. Barnes, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2013–11393 Filed 5–13–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 966 

[Doc. No. AMS–FV–12–0051; FV12–966–1 

FIR] 

Tomatoes Grown in Florida; 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 Florida Tomato 

Committee (Committee) for the 2012–13 

and subsequent fiscal periods from 

$0.037 to $0.024 per 25-pound carton of 

tomatoes handled. The Committee 

locally administers the marketing order 

which regulates the handling of 

tomatoes grown in Florida. The interim 

rule was necessary to allow the 

Committee to reduce its financial 

reserve and to help reduce overall 

industry costs, while still providing 

adequate funding to meet program 

expenses. 

DATES: Effective May 15, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Corey 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 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 

No. 125 and Order No. 966, both as 

amended (7 CFR part 966), regulating 

the handling of tomatoes 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. 

Under the order, Florida tomato 

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 Florida tomatoes for the 

entire fiscal period, and continue 

indefinitely until amended, suspended, 

or terminated. The Committee’s fiscal 

period began on August 1, and ends on 

July 31. 

In an interim rule published in the 

Federal Register on February 8, 2013, 

and effective on February 11, 2013, (78 

FR 9307, Doc. No. AMS–FV–12–0051, 

FV12–966–1 IR), § 966.234 was 

amended by decreasing the assessment 

rate established for Florida tomatoes for 

the 2012–13 and subsequent fiscal 

periods from $0.037 to $0.024 per 25- 

pound carton. The decrease in the per 

25-pound carton assessment rate allows 

the Committee to reduce its financial 

reserve and helps to reduce overall 

industry cost, 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 

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 80 handlers 

of tomatoes in the production area and 

approximately 100 producers subject to 

regulation under the marketing order. 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Rules and Regulations 28121 

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 price for fresh 

Florida tomatoes during the 2011–12 

season was approximately $6.62 per 25- 

pound container, and total fresh 

shipments for the 2011–12 season were 

approximately 38,175,363 25-pound 

cartons of tomatoes. Committee data 

indicates that approximately 21 percent 

of the handlers handle 90 percent of the 

total volume shipped. Based on the 

average price, about 80 percent of 

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 tomato 

growers, the average annual grower 

revenue is below $750,000. Thus, the 

majority of handlers and producers of 

Florida tomatoes 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 2012–13 

and subsequent fiscal periods from 

$0.037 to $0.024 per 25-pound carton of 

tomatoes. The Committee unanimously 

recommended 2012–13 expenditures of 

$1,672,952 and an assessment rate of 

$0.024 per 25-pound carton of tomatoes. 

The assessment rate of $0.024 is $0.013 

lower than the rate previously in effect. 

Applying the $0.024 rate per 25-pound 

carton assessment rate to the 

Committee’s 35 million cartons crop 

estimate should provide $840,000, in 

assessment income. Income derived 

from handler assessments, along with 

funds from the Committee’s authorized 

reserve, interest income, and funds from 

block grants, will be adequate to cover 

budgeted expenses. This action will 

allow the Committee to reduce its 

financial reserve and will help lower 

overall industry cost, 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 

Florida tomato industry and all 

interested persons were invited to 

attend the meeting and participate in 

Committee deliberations on all issues. 

Like all Committee meetings, the August 

22, 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. 0581–0178, 

Vegetable and Specialty 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 Florida tomato 

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 

April 9, 2013. 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-12-0051- 

0001. 

This action also affirms information 

contained in the interim rule concerning 

Executive Orders 12866 and 12988, 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 (78 FR 9307, February 8, 2013) 

will tend to effectuate the declared 

policy of the Act. 

List of Subjects in 7 CFR Part 966 

Marketing agreements, Reporting and 

recordkeeping requirements, Tomatoes. 

PART 966—TOMATOES GROWN IN 

FLORIDA 

Accordingly, the interim rule 

amending 7 CFR part 966, which was 

published at 78 FR 9307 on February 8, 

2013, is adopted as a final rule, without 

change. 

Dated: May 8, 2013. 

David R. Shipman, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2013–11385 Filed 5–13–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1280 

[No. AMS–LS–11–0038] 

Lamb Promotion, Research, and 

Information Order; Amendment to the 

Order To Raise the Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

Lamb Promotion, Research, and 

Information Order (Order) to increase 

the assessment rate on all live ovine 

animals sold from $0.005 per pound to 

$0.007 per pound for producers, feeders, 

and seedstock producers, and from 

$0.30 per head of ovine animals 

purchased for slaughter to $0.42 per 

head for first handlers. The increase is 

provided for under the Order, which is 

authorized by the Commodity 

Promotion, Research, and Information 

Act of 1996 (Act) (7 U.S.C. 7411–7425). 

The American Lamb Board (Board), 

which administers the Order, 

recommended this action to maintain 

and expand their promotional, research, 

advertising, and communications 

programs. 

DATES: Effective June 13, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Emily DeBord, Agricultural Marketing 

Specialist, Research and Promotion 

Division, on 202–690–2611, fax 202– 

720–1125, or by email at 

Emily.DeBord@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Executive Order 12866 

The Office of Management and Budget 

(OMB) has waived the review process 

required by Executive Order (E.O.) 

12866 for this action. 

Executive Order 12988 

This final rule has been reviewed 

under E.O. 12988, Civil Justice Reform. 

The rule is not intended to have 

retroactive effect and will not affect or 

preempt any other State or Federal law 

authorizing promotion or research 

relating to an agricultural commodity. 

Under section 519 of the Act a person 

subject to the Order may file a petition 


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