56816 Federal Register / Vol. 78, No. 179 / Monday, September 16, 2013 / Rules and Regulations 

of the Subcommittee’s preliminary 

review for public comment in advance 

of the second NOSB meeting. Allowing 

changes to proposals or addition of new 

proposals at the public meeting does not 

provide stakeholders who submitted 

written comments in advance of this 

meeting any opportunity to comment on 

substantive changes or additions that 

occur at the in-person meeting. 

Therefore, public participation during 

the first public meeting of this Sunset 

Process will provide the NOSB with the 

greatest amount of information available 

to aid in a thorough review. 

Authority: 7 U.S.C. 6501–6522. 

Dated: September 10, 2013. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2013–22388 Filed 9–13–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 955 

[Doc. No. AMS–FV–12–0071; FV13–955–1 

FIR] 

Vidalia Onions Grown in Georgia; 

Change in Reporting and Assessment 

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 changed the reporting and 

assessment requirements prescribed 

under the marketing order for Vidalia 

onions grown in Georgia (order). The 

interim rule changed the date by which 

handlers are required to submit monthly 

shipping reports and their 

corresponding assessments to the 

Vidalia Onion Committee (Committee) 

from the fifth day of the month to the 

tenth day of the month. In addition, the 

interim rule also changed the due date 

to the first business day after the tenth 

day of the month, should the tenth fall 

on a weekend or a holiday. These 

changes benefit handlers without 

negatively affecting program 

compliance. 

DATES: Effective September 17, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Corey Elliott, Marketing Specialist, or 

Christian Nissen, Regional Director, 

Southeast Marketing Field Office, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA; Telephone: (863) 324– 

3378, 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 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. 955, both as amended (7 

CFR part 955), regulating the handling 

of Vidalia onions grown in Georgia, 

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. 

The handling of Vidalia onions grown 

in Georgia is regulated by 7 CFR part 

955. Prior to this change, the order’s 

reporting requirements required 

handlers to file a monthly shipping 

report and pay corresponding 

assessments on the fifth day of each 

month following the month in which 

shipments were made. In addition, 

should the fifth day of the month fall on 

a weekend or holiday, both reports and 

assessments were due on the first 

business day prior to the fifth. 

These reporting requirements caused 

difficulties for handlers as they did not 

have sufficient time to close out their 

internal month-end sales paperwork in 

time to submit their reports by the fifth 

of the month or sooner if the fifth was 

on a weekend or a holiday. Therefore, 

this rule continues in effect the interim 

rule published in the Federal Register 

on May 14, 2013, and effective on May 

15, 2013, (78 FR 28118, Doc. No. AMS– 

FV–12–0071, FV13–955–1 IFR) that 

extended the monthly reporting and 

assessment due date an additional five 

days to the tenth day of the month. This 

rule also continues the change that 

when the tenth day falls on a weekend 

or a holiday, the due date is the next 

business day following the tenth. These 

changes allow handlers sufficient time 

to complete their monthly reports and to 

submit their assessments. 

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 

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 40 handlers 

of Vidalia onions who are subject to 

regulation under the order and 

approximately 80 onion producers in 

the designated production area. Small 

agricultural service firms, which 

include handlers, 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) 

Based on the National Agricultural 

Statistical Service (NASS) and 

Committee data, the average annual 

grower price for fresh Vidalia onions 

during the 2012 season was around $17 

per 40-pound container, and total 

Vidalia onion shipments were around 

4,450,000 40-pound containers. Using 

available data, we estimate that more 

than 90 percent of Vidalia onion 

handlers have annual receipts of less 

than $7,000,000. However, the average 

receipts for Vidalia producers were 

around $946,000 in 2012, which is 

higher than the SBA threshold for small 

producers. Assuming a normal 

distribution, the majority of handlers of 

Vidalia onions may be classified as 

small entities, while the majority of 

producers may be classified as large 

entities, according to the SBA 

definition. 

This rule continues in effect the 

action that changed the reporting and 

assessment requirements prescribed 

under the order. This rule revises 

sections 955.101 and 955.142 to change 

when monthly shipping reports and 

assessments, respectively, are due to the 

Committee from the fifth day of the 

month to the tenth day of the month 

following the month in which the 

shipments were made. In addition, this 

rule also changes both sections to 

specify that should the tenth fall on a 

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Federal Register / Vol. 78, No. 179 / Monday, September 16, 2013 / Rules and Regulations 56817 

weekend or a holiday, the due date will 

be the first business day after the tenth 

day of the month. These changes are 

expected to benefit handlers by 

providing additional time to complete 

and submit reports and assessments 

without negatively affecting program 

compliance. Authority for these changes 

is provided for in sections 955.60 and 

955.42. 

It is not anticipated that this action 

will impose any additional costs on the 

industry. This action relaxes the current 

due dates for monthly reports and 

assessments, which should benefit all 

businesses. Handlers may see reduced 

costs as they have more time to submit 

reports without accruing late payment 

penalties. The effects of this rule are 

expected to benefit both large and small 

entities. 

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, Generic 

Vegetable 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 

Vidalia onion 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 

Vidalia onion industry. All interested 

persons were invited to attend the 

meeting and participate in Committee 

deliberations. Like all Committee 

meetings, the August 9, 2012, meeting 

was a public meeting. 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 July 

15, 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/

#!documentDetail;D=AMS-FV-12-0071- 

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. 

Chapter 35), 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 28118, May 14, 2013) 

will tend to effectuate the declared 

policy of the Act. 

List of Subjects in 7 CFR Part 955 

Marketing agreements, Onions, 

Reporting and recordkeeping 

requirements. 

PART 955—VIDALIA ONIONS GROWN 

IN GEORGIA 

Accordingly, the interim rule that 

amended 7 CFR part 955 and that was 

published at 78 FR 28118 on May 14, 

2013, is adopted as a final rule, without 

change. 

Dated: September 10, 2013. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2013–22407 Filed 9–13–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1222 

[Document Number AMS–FV–11–0069; 

FR–B] 

RIN 0581–AD21 

Paper and Paper-Based Packaging 

Promotion, Research and Information 

Order; Referendum Procedures 

AGENCY: Agricultural Marketing Service, 

Department of Agriculture. 

ACTION: Final rule. 

SUMMARY: This rule establishes 

procedures for conducting a referendum 

to determine whether issuance of a 

proposed Paper and Paper-Based 

Packaging Promotion, Research and 

Information Order (Order) is favored by 

manufacturers (domestic producers) and 

importers of paper and paper-based 

packaging. The procedures will also be 

used for any subsequent referendum 

under the Order. The proposed Order is 

being published separately in this issue 

of the Federal Register. 

DATES: Effective Date: September 17, 

2013. 

FOR FURTHER INFORMATION CONTACT: 

Kimberly Coy, Marketing Specialist, 

Promotion and Economics Division, 

Fruit and Vegetable Program, AMS, 

USDA, 1400 Independence Avenue 

SW., Room 0632–S, Stop 0244, 

Washington, DC 20250–0244; telephone: 

(202) 720–9915 or (888) 720–9917 (toll 

free); or facsimile: (202) 205–2800; or 

electronic mail: mailto: Kimberly.Com@

ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued pursuant to the Commodity 

Promotion, Research and Information 

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

7425). 

As part of this rulemaking process, 

two proposed rules were published in 

the Federal Register on January 2, 2013. 

One rule pertained to the proposed 

Order (78 FR 188) and a second rule 

pertained to proposed referendum 

procedures (78 FR 212). Both rules 

provided for 60-day comment periods 

ending on March 4, 2013. No comments 

were received regarding the referendum 

procedures. Seventy-five comments 

were received regarding the proposed 

Order. Those comments are addressed 

in another proposed rule published in 

this issue of the Federal Register. 

Executive Order 12866 and Executive 

Order 13563 

This rule regarding proposed 

referendum procedures has been 

determined to be non-significant for 

purposes of Executive Order 12866, as 

supplemented by Executive Order 

13563, and therefore has not been 

reviewed by the Office of Management 

and Budget (OMB). 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. It is not intended to have 

retroactive effect. Section 524 of the 

1996 Act provides that it shall not affect 

or preempt any other Federal or state 

law authorizing promotion or research 

relating to an agricultural commodity. 

Under section 519 of the 1996 Act, a 

person subject to an order may file a 

written petition with the U.S. 

Department of Agriculture (USDA) 

stating that an order, any provision of an 

order, or any obligation imposed in 

connection with an order, is not 

established in accordance with the law, 

and request a modification of an order 

or an exemption from an order. Any 

petition filed challenging an order, any 

provision of an order, or any obligation 

imposed in connection with an order, 

shall be filed within two years after the 

effective date of an order, provision, or 

obligation subject to challenge in the 

petition. The petitioner will have the 

opportunity for a hearing on the 

petition. Thereafter, USDA will issue a 

ruling on the petition. The 1996 Act 

provides that the district court of the 

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