32068 Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Rules and Regulations 

other sources of revenue, will result in 

projected revenues sufficient to 

reasonably cover budgeted costs— 

adjusted for inflation—and allow for 

adequate operating reserves to be 

maintained. Costs considered in this 

method include salaries, costs of 

equipment and supplies, and other 

overhead costs, such as facility costs 

and costs for administration and 

supervision. In addition to covering 

expected costs, the user fee is set such 

that projected revenues will generate an 

operating reserve adequate to effectively 

manage uncertainties related to crop 

size and cash-flow timing. Furthermore, 

the operating reserve is expected to 

meet minimum reserve requirements set 

by the Agricultural Marketing Service, 

which require maintenance of a reserve 

fund amount equal to at least four 

months of projected operating costs. 

The user fee charged cotton producers 

for cotton classification in 2013 is $2.20 

per bale, which is the same fee charged 

for the 2012 crop. This fee is based on 

the preseason projection that 13,250,000 

bales will be classed by the United 

States Department of Agriculture during 

the 2013 crop year. 

Accordingly, § 28.909, paragraph (b) 

reflects the continuation of the cotton 

classification fee at $2.20 per bale. 

As provided for in the 1987 Act, a 5 

cent per bale discount continues to be 

applied to voluntary centralized billing 

and collecting agents as specified in 

§ 28.909(c). 

Growers or their designated agents 

receiving classification data continue to 

incur no additional fees if classification 

data is requested only once. The fee for 

each additional retrieval of 

classification data in § 28.910 remains at 

5 cents per bale. The fee in § 28.910 (b) 

for an owner receiving classification 

data from the National Database remains 

at 5 cents per bale, and the minimum 

charge of $5.00 for services provided per 

monthly billing period remains the 

same. The provisions of § 28.910 (c) 

concerning the fee for new classification 

memoranda issued from the National 

Database for the business convenience 

of an owner without reclassification of 

the cotton remains the same at 15 cents 

per bale or a minimum of $5.00 per 

sheet. 

The fee for review classification in 

§ 28.911 is maintained at $2.20 per bale. 

The fee for returning samples after 

classification in § 28.911 remains at 50 

cents per sample. 

Summary of Comments 

A proposed rule was published in the 

Federal Register on March 28, 2013, 

with a comment period of March 28, 

2013 through April 12, 2013 (78 FR 

18898). AMS received two comments: 

one from a national trade organization 

that represents approximately 80 

percent of the US cotton industry, 

including cotton producers, ginners, 

warehousemen, merchants, 

cooperatives, cottonseed processors, and 

textile manufacturers from Virginia to 

California; and one from a national trade 

organization comprised of eight state 

and regional membership organizations 

that represent approximately 680 

individual cotton ginning operations in 

17 cotton-producing states. Comments 

from these national trade organizations 

expressed support for the decision to 

maintain the fee at the level established 

for the 2012 crop. Comments may be 

viewed at www.regulations.gov. 

List of Subjects in 7 CFR Part 28 

Administrative practice and 

procedure, Cotton, Reporting and 

recordkeeping requirements, 

Warehouses. 

For the reasons set forth in the 

preamble, 7 CFR part 28 is amended to 

read as follows: 

PART 28—[Amended] 

■ 1. The authority citation for 7 CFR 

part 28, Subpart D, continues to read as 

follows: 

Authority: 7 U.S.C. 51–65; 471–476. 

■ 2. In § 28.909, paragraph (b) is revised 

to read as follows: 

§ 28.909 Costs. 

* * * * * 

(b) The cost of High Volume 

Instrument (HVI) cotton classification 

service to producers is $2.20 per bale. 

* * * * * 

■ 3. In § 28.911, the last sentence of 

paragraph (a) is revised to read as 

follows: 

§ 28.911 Review classification. 

(a) * * * The fee for review 

classification is $2.20 per bale. 

* * * * * 

Dated: May 21, 2013. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2013–12651 Filed 5–28–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 905 

[Doc. No. AMS–FV–12–0052; FV12–905–2 

FR] 

Oranges, Grapefruit, Tangerines, and 

Tangelos Grown in Florida; Revising 

Reporting Requirements and New 

Information Collection 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule revises the reporting 

requirements prescribed under the 

Federal marketing order for oranges, 

grapefruit, tangerines, and tangelos 

grown in Florida (order). The Citrus 

Administrative Committee (Committee) 

is responsible for local administration of 

the order. This rule requires all fresh 

citrus handlers to provide the 

Committee with a list of all growers 

whose fruit they handled each season. 

This information will enable the 

Committee to more efficiently 

administer the order and better 

communicate fresh market issues to 

fresh market citrus growers. 

DATES: Effective Date: May 30, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Jennie M. Varela, 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: 

Jennie.Varela@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. 


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Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Rules and Regulations 32069 

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 

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 revises the reporting 

requirements prescribed under the 

order. This rule requires all fresh citrus 

handlers to provide the Committee with 

a list of all growers whose fruit they 

handled each season. This information 

will enable the Committee to more 

efficiently administer the order and 

better communicate fresh market issues 

to fresh market citrus growers. This rule 

was unanimously recommended by the 

Committee at a July 17, 2012, meeting. 

Section 905.71 of the order provides 

the Committee, with the approval of the 

Secretary, authority to collect 

information from handlers that is 

deemed necessary for administering the 

order. This rule utilizes this authority to 

establish a new § 905.171 under the 

rules and regulations of the order. This 

new section requires handlers of fresh 

citrus to report to the Committee a list 

of names and contact information for all 

growers whose fruit they have shipped 

by June 15 of each season. 

Prior to this action, the Committee did 

not require handlers to report any 

information regarding the growers who 

supply them. In order to communicate 

with its grower base regarding the order 

or Committee actions, the Committee 

depended on mailing lists from other 

industry groups. However, third party 

lists are often incomplete, out-of-date, or 

do not distinguish between those 

growing for the fresh market or those 

growing for the processed market. 

Ninety percent of the volume of citrus 

produced in Florida is sold for 

processing into juice, which is not 

regulated under the order. 

Consequently, while there are an 

estimated 8,000 citrus growers, it is 

estimated only 750 growers produce for 

the fresh market. Because there is no 

readily available comprehensive list of 

fresh citrus growers, the Committee 

could allocate a great deal of resources 

into information distribution and still 

not be certain that the information is 

getting to those covered under the order. 

Recently, the Committee began 

discussing potential changes to the 

order to make it more efficient and 

responsive to industry needs. In these 

discussions, the Committee recognized 

that grower involvement could be 

improved through focused 

communication with fresh market citrus 

growers. However, in order to actively 

reach out to growers in the industry, the 

Committee must have accurate 

information. The Committee discussed 

developing a list of growers compiled 

annually from information provided by 

handlers to make effective outreach 

possible. Some members expressed 

concerns about the disclosure of 

proprietary information. The Committee 

addressed these concerns by stating the 

scope of the information collection 

could be limited to only grower contact 

information. 

In addition, while this action assists 

the Committee in its efforts to keep 

growers informed and to solicit their 

input on potential changes to the order, 

it also can be used to increase grower 

outreach and involvement in Committee 

elections and membership, facilitate 

grower participation in amendment and 

continuance referenda, and provide for 

a more efficient use of Committee 

resources. 

As a result, Committee members 

recommended collecting grower names 

and contact information each season 

from handlers of fresh citrus so that the 

Committee will have an accurate and 

updated list to use in communicating 

with fresh market citrus growers. June 

15 was selected as the due date for this 

information as it is toward the end of 

the season and Committee members 

agreed handlers will have a complete 

list at that time. 

This change revises reporting 

requirements to require all fresh citrus 

handlers regulated under the order to 

provide the Committee with contact 

information for all growers whose fruit 

they have shipped. This information is 

due by June 15 of each season. The 

change enables the Committee to more 

efficiently administer the order and 

communicate fresh market issues to 

fresh market citrus growers. 

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 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 8,000 

growers of citrus in the production area 

and approximately 45 handlers subject 

to regulation under the marketing order. 

Small agricultural producers are defined 

by the Small Business Administration 

(SBA) as those having annual receipts 

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). 

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. In addition, 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. Thus, assuming a 

normal distribution, the majority of 

producers and handlers of Florida citrus 

may be classified as small entities. 

This rule revises the reporting 

requirements prescribed under the 

order. This action requires all fresh 

citrus handlers to provide the 

Committee with a list of all growers 

whose fruit they handled by June 15 of 

each season. This information will 

enable the Committee to more 

efficiently administer the order and 

better communicate fresh market issues 

to fresh market citrus growers. This rule 

creates a new § 905.171, which 

establishes the new reporting 

requirement. The authority for this 

action is provided for in § 905.71. This 

change was unanimously recommended 

by the Committee at a July 17, 2012, 

meeting. 

Requiring grower contact information 

each season imposes a minor increase in 

the reporting burden on all citrus 

handlers. However, this data is already 


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32070 Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Rules and Regulations 

recorded and maintained by handlers as 

a part of their daily business. Handlers, 

regardless of size, should be able to 

readily access this information. 

Consequently, any additional costs 

associated with this change will be 

minimal and apply equally to all 

handlers. 

This action will also help growers 

receive more information about the 

activities under the order, and make 

them more aware of their opportunities 

to participate in the efforts of the 

Committee. The benefits of this rule are 

expected to be equally available to all 

fresh citrus growers, regardless of their 

size. 

The Committee discussed making no 

change as an alternative to this action, 

but determined that in order to 

efficiently carry out the objectives of the 

marketing order, the information 

collection within this new report was 

necessary. Therefore, this alternative 

was rejected. 

In accordance with the Paperwork 

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

Chapter 35), this collection has been 

submitted to the Office of Management 

and Budget (OMB) with the reference 

number 0581–0284. Upon approval, the 

collection will be merged with OMB No. 

0581–0189, Generic OMB Fruit Crops. 

This final rule establishes the use of a 

new Committee form, which imposes a 

minor burden increase of 15 hours. The 

form, Handler Supplier Report, requires 

minimum information necessary to 

effectively carry out the requirement of 

the order. The information would 

enable the Committee to more 

efficiently administer the order and 

improve communication with growers. 

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 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. 

Further, the Committee’s meeting was 

widely publicized throughout the 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. 

A proposed rule concerning this 

action was published in the Federal 

Register on March 5, 2013 (78 FR 

14236). Copies of the rule were mailed 

or sent via facsimile to all Committee 

members and citrus handlers. Finally, 

the rule was made available through the 

Internet by USDA and the Office of the 

Federal Register. A 60-day comment 

period ending May 6, 2013, was 

provided to allow 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 

matter 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. 

It is further found that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register (5 

U.S.C. 553) because the Committee 

requires time to prepare and mail out a 

handler information packet that should 

include the Handler Supplier Report, 

prior to the beginning of shipments for 

the next crop year that begins August 1. 

In addition, handlers are aware of this 

rule that was recommended at a 

Committee meeting on July 17, 2012. 

Also, a 60-day comment period was 

provided in the proposed rule. 

List of Subjects in 7 CFR Part 905 

Citrus, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

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 905.171 is added to read as 

follows: 

§ 905.171 Handler supplier report. 

Each handler shall furnish a supplier 

report to the Committee on an annual 

basis. Such reports shall be made on 

forms provided by the Committee and 

shall include the name and business 

address of each grower whose fruit was 

shipped or acquired by the handler 

during the season. Handlers shall 

submit this report to the Committee not 

later than June 15 of each season. 

Dated: May 21, 2013. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2013–12654 Filed 5–28–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 985 

[Doc. No. AMS–FV–12–0064; FV13–985–1 

FR] 

Marketing Order Regulating the 

Handling of Spearmint Oil Produced in 

the Far West; Salable Quantities and 

Allotment Percentages for the 2013– 

2014 Marketing Year 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This final rule establishes the 

quantity of spearmint oil produced in 

the Far West, by class, that handlers 

may purchase from, or handle on behalf 

of, producers during the 2013–2014 

marketing year, which begins on June 1, 

2013. This rule establishes salable 

quantities and allotment percentages for 

Class 1 (Scotch) spearmint oil of 

1,344,858 pounds and 65 percent, 

respectively, and for Class 3 (Native) 

spearmint oil of 1,432,189 pounds and 

61 percent, respectively. The Spearmint 

Oil Administrative Committee 

(Committee), the entity responsible for 

local administration of the marketing 

order for spearmint oil produced in the 

Far West, recommended these 

limitations for the purpose of avoiding 

extreme fluctuations in supplies and 

prices to help maintain stability in the 

spearmint oil market. 

DATES: Effective Date: This final rule 

becomes effective June 1, 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– 


tkelley on DSK3SPTVN1PROD with RULES