This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

1763 

Vol. 78, No. 6 

Wednesday, January 9, 2013 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 906 

[Doc. No. AMS–FV–12–0038; FV12–906–1 

PR] 

Oranges and Grapefruit Grown in 

Lower Rio Grande Valley in Texas; 

Increased Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

increase the assessment rate established 

for the Texas Valley Citrus Committee 

(Committee) for the 2012–13 and 

subsequent fiscal periods from $0.14 to 

$0.16 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 (order). 

Assessments upon orange and grapefruit 

handlers are used by the Committee to 

fund reasonable and necessary expenses 

of the program. The fiscal period begins 

August 1 and ends July 31. The 

assessment rate would remain in effect 

indefinitely unless modified, 

suspended, or terminated. 

DATES: Comments must be received by 

January 22, 2013. 

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. Comments should 

reference the document number and the 

date and page number of this issue of 

the Federal Register and will be 

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 the 

comments will be made public on the 

Internet at the address provided above. 

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 request 

information on complying with this 

regulation by contacting Laurel May, 

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: 

Laurel.May@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This 

proposed 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.’’ 

The Department of Agriculture 

(USDA) is issuing this proposed rule in 

conformance with Executive Order 

12866. 

This proposed rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. Under the marketing 

order now in effect, orange and 

grapefruit handlers are subject to 

assessments. Funds to administer the 

order are derived from such 

assessments. It is intended that the 

assessment rate as proposed herein 

would be applicable to all assessable 

oranges and grapefruit beginning on 

August 1, 2012, and continue until 

amended, suspended, or terminated. 

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. Such 

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 would increase the 

assessment rate established for the 

Committee for the 2012–13 and 

subsequent fiscal periods from $0.14 to 

$0.16 per 7/10-bushel carton or 

equivalent of oranges and grapefruit 

handled. 

The Texas orange and grapefruit 

marketing order provides authority for 

the Committee, with the approval of 

USDA, to formulate an annual budget of 

expenses and collect assessments from 

handlers to administer the program. The 

members of the Committee are 

producers and handlers of Texas 

oranges and grapefruit. They are 

familiar with the Committee’s needs and 

with the costs for goods and services in 

their local area and are thus in a 

position to formulate an appropriate 

budget and assessment rate. The 

assessment rate is formulated and 

discussed in a public meeting. Thus, all 

directly affected persons have an 

opportunity to participate and provide 

input. 

For the 2011–12 and subsequent fiscal 

periods, the Committee recommended, 

and USDA approved, an assessment rate 

that would continue in effect from fiscal 

period to fiscal period unless modified, 

suspended, or terminated by USDA 

upon recommendation and information 

submitted by the Committee or other 

information available to USDA. 

The Committee met on June 5, 2012, 

and unanimously recommended 2012– 

13 expenditures of $1,340,800 and an 

assessment rate of $0.16 per 7/10-bushel 

carton or equivalent of oranges and 

grapefruit handled. In comparison, last 

year’s budgeted expenditures were 

$1,273,537. The assessment rate of $0.16 

is $0.02 higher than the rate currently in 

effect. The increased assessment rate 


srobinson on DSK4SPTVN1PROD with 
1764 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules 

should generate sufficient income to 

cover anticipated expenses, including 

an increase in advertising and 

promotion, as well as allow the 

Committee to replenish funds in its 

reserves. 

The major expenditures 

recommended by the Committee for the 

2012–13 fiscal period include $575,000 

for promotion; $489,500 for the Mexican 

fruit fly control program; and $243,000 

for management, administration, and 

compliance. Budgeted expenses for 

these items in 2011–12 were $425,000, 

$564,500, and $250,737, respectively. 

The assessment rate recommended by 

the Committee was derived by dividing 

anticipated expenses by expected 

shipments of Texas oranges and 

grapefruit. Orange and grapefruit 

shipments for the 2012–13 fiscal period 

are estimated at 8.5 million 7/10-bushel 

cartons or equivalent, which should 

provide $1,360,000 in assessment 

income. Income derived from handler 

assessments would be adequate to cover 

budgeted expenses. Funds in the reserve 

(currently $78,090) would be kept 

within the maximum permitted by the 

order (approximately one fiscal period’s 

expenses as stated in § 906.35). 

The proposed assessment rate would 

continue in effect indefinitely unless 

modified, suspended, or terminated by 

USDA upon recommendation and 

information submitted by the 

Committee or other available 

information. 

Although this assessment rate would 

be in effect for an indefinite period, the 

Committee would continue to meet 

prior to or during each fiscal period to 

recommend a budget of expenses and 

consider recommendations for 

modification of the assessment rate. The 

dates and times of Committee meetings 

are available from the Committee or 

USDA. Committee meetings are open to 

the public and interested persons may 

express their views at these meetings. 

USDA would evaluate Committee 

recommendations and other available 

information to determine whether 

modification of the assessment rate is 

needed. Further rulemaking would be 

undertaken as necessary. The 

Committee’s 2012–13 budget and those 

for subsequent fiscal periods would be 

reviewed and, as appropriate, approved 

by USDA. 

Initial 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 initial 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 170 

producers of oranges and grapefruit in 

the production area and 15 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). 

According to Committee data and 

information from the National 

Agricultural Statistical Service, the 

weighted average grower price for Texas 

citrus during the 2010–11 season was 

around $11.30 per box and total 

shipments were near 4.7 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, approximately 

60 percent of Texas citrus handlers 

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 proposed rule would increase 

the assessment rate established for the 

Committee and collected from handlers 

for the 2012–13 and subsequent fiscal 

periods from $0.14 to $0.16 per 7/10- 

bushel carton or equivalent of Texas 

oranges and grapefruit. The Committee 

unanimously recommended 2012–13 

expenditures of $1,340,800 and an 

assessment rate of $0.16 per 7/10-bushel 

carton or equivalent handled. The 

proposed assessment rate of $0.16 is 

$0.02 higher than the 2011–12 rate. The 

quantity of assessable oranges and 

grapefruit for the 2012–13 fiscal period 

is estimated at 8.5 million 7/10-bushel 

cartons or equivalent. Thus, the $0.16 

rate should provide $1,360,000 in 

assessment income and be adequate to 

meet this year’s expenses. 

The major expenditures 

recommended by the Committee for the 

2012–13 fiscal period include $575,000 

for promotion; $489,500 for the Mexican 

fruit fly control program; and $243,000 

for management, administration, and 

compliance. Budgeted expenses for 

these items in 2011–12 were $425,000, 

$564,500, and $250,737, respectively. 

The Committee reviewed and 

unanimously recommended 2012–13 

expenditures of $1,340,800, which 

included increases in promotional 

activities. The Committee considered 

proposed expenses and recommended 

increasing the assessment rate to cover 

the increase in the advertising and 

promotion program, as well as to allow 

the Committee to replenish funds in its 

reserve. 

Prior to arriving at this budget, the 

Committee considered information from 

various sources, such as the 

Committee’s Budget and Personnel 

Committee, and the Market 

Development Committee. Alternative 

expenditure levels were discussed by 

these groups, based upon the relative 

value of various 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. This is approximately 

$20,700 above the anticipated expenses, 

which the Committee determined to be 

acceptable. 

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 proposed action would increase 

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 would be 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. Finally, 

interested persons are invited to submit 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules 1765 

comments on this proposed rule, 

including the regulatory and 

informational impacts of this action on 

small businesses. 

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 proposed rule would impose 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. 

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. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rule. 

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 Laurel May at 

the previously-mentioned address in the 

FOR FURTHER INFORMATION CONTACT

section. 

A 10-day comment period is provided 

to allow interested persons to respond 

to this proposed rule. Ten days is 

deemed appropriate because: (1) The 

2012–13 fiscal period began on August 

1, 2012, and the marketing order 

requires that the rate of assessment for 

each fiscal period apply to all assessable 

oranges and grapefruit handled during 

such fiscal period; (2) the Committee 

needs to have sufficient funds to pay its 

expenses, which are incurred on a 

continuous basis; and (3) handlers are 

aware of this action, which was 

unanimously recommended by the 

Committee at a public meeting and is 

similar to other assessment rate actions 

issued in past years. 

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 proposed to 

be 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: January 3, 2013. 

David R. Shipman, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2013–00189 Filed 1–8–13; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2012–0812; Notice No. 13– 

01] 

RIN 2120–AK14 

Requirements for Chemical Oxygen 

Generators Installed on Transport 

Category Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This rulemaking would 

amend the type certification 

requirements for chemical oxygen 

generators installed on transport 

category airplanes so the generators are 

secure and not subject to misuse. The 

intended effect of this action would be 

to increase the level of security for 

future transport category airplane 

designs. This proposal does not directly 

affect the existing fleet. 

DATES: Send comments on or before 

March 11, 2013. 

ADDRESSES: Send comments identified 

by docket number FAA–2012–0812 

using any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE., Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: The FAA will post all 

comments it receives, without change, 

to http://www.regulations.gov, including 

any personal information the 

commenter provides. Using the search 

function of the docket Web site, anyone 

can find and read the electronic form of 

all comments received into any FAA 

dockets, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement can be 

found in the Federal Register published 

on April 11, 2000 (65 FR 19477–19478), 

as well as at http://DocketsInfo.dot.gov. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Gardlin, Airframe and Cabin Safety 

Branch, ANM–115, Transport Airplane 

Directorate, Aircraft Certification 

Service, Federal Aviation 

Administration, Northwest Mountain 

Region, 1601 Lind Avenue SW., Renton, 

WA 98057–3356; telephone: (425) 227– 

2136; email: jeff.gardlin@faa.gov. 

For legal questions concerning this 

action, contact Douglas Anderson, 

Federal Aviation Administration, Office 

of the Regional Counsel, ANM–7, 

Northwest Mountain Region, 1601 Lind 

Avenue SW., Renton, WA 98057–3356; 

telephone: (425) 227–2166; email: 

douglas.anderson@faa.gov. 

SUPPLEMENTARY INFORMATION: See the 

‘‘Additional Information’’ section for 

information on how to comment on this 

proposal and how the FAA will handle 

comments received. The ‘‘Additional 

Information’’ section also contains 

related information about the docket, 

privacy, the handling of proprietary or 

confidential business information. In 

addition, there is information on 

obtaining copies of related rulemaking 

documents. 


srobinson on DSK4SPTVN1PROD with