This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

4817 

Vol. 79, No. 20 

Thursday, January 30, 2014 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 905 

[Doc. No. AMS–FV–13–0074; FV13–905–3 

FR] 

Oranges, Grapefruit, Tangerines, and 

Tangelos Grown in Florida; Increased 

Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule increases the 

assessment rate established for the 

Citrus Administrative Committee 

(Committee) for the 2013–14 and 

subsequent fiscal periods from $0.008 to 

$0.009 per 4⁄5 bushel carton of Florida 

citrus handled. The Committee locally 

administers the Federal marketing 

order, which regulates the handling of 

oranges, grapefruit, tangerines, and 

tangelos grown in Florida. Assessments 

upon Florida citrus 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 will remain 

in effect indefinitely unless modified, 

suspended, or terminated. 

DATES: Effective January 31, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Corey E. 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 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 Orders 

12866 and 13563. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. Under the marketing order now 

in effect, Florida citrus handlers are 

subject to assessments. Funds to 

administer the order are derived from 

such assessments. It is intended that the 

assessment rate as issued herein will be 

applicable to all assessable Florida 

citrus beginning on August 1, 2013, 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 increases the assessment 

rate established for the Committee for 

the 2013–14 and subsequent fiscal 

periods from $0.008 to $0.009 per 4⁄5

bushel carton of citrus. 

The Florida citrus 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 Florida citrus. They are 

familiar with the Committee’s needs and 

with the costs of goods and services in 

their local area and are therefore 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 2012–13 and subsequent fiscal 

periods, the Committee recommended, 

and USDA approved, an assessment rate 

of $0.008 per 4⁄5 bushel carton of citrus 

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 July 16, 2013, 

and unanimously recommended 2013– 

14 expenditures of $190,000 and an 

assessment rate of $0.009 per 4⁄5 bushel 

carton of citrus. In comparison, last 

year’s budgeted expenditures were 

$223,500. The assessment rate of $0.009 

is $0.001 higher than the rate currently 

in effect. Over the past few years, the 

Committee’s reserve has been depleted 

as the Committee has used reserve funds 

to help meet its annual expenditures. 

Therefore, the Committee recommended 

increasing the assessment rate to 

generate additional funds to increase the 

Committee’s reserve balance. 

The major expenditures 

recommended by the Committee for the 

2013–14 year include $92,400 for 

salaries; $25,000 for Florida Department 

of Agriculture and Consumer Services 

(FDACS) manifesting reports and 

statistics; and $13,000 for a retirement 

plan. Budgeted expenses for these items 

in 2012–13 were $116,200, $25,000, and 

$18,250, respectively. 

The assessment rate recommended by 

the Committee was derived by 

reviewing anticipated expenses, 

expected shipments of Florida citrus, 

interest income, and the need to add 

additional funds to the reserve. Florida 

citrus shipments for the year are 

estimated at 23.8 million 4⁄5 bushel 

cartons, which should provide $214,200 

in assessment income. Income derived 

from handler assessments and interest 


TKELLEY on DSK3SPTVN1PROD with RULES
4818 Federal Register / Vol. 79, No. 20 / Thursday, January 30, 2014 / Rules and Regulations 

income should be adequate to cover 

budgeted expenses. Funds in the reserve 

(projected at approximately $40,000) 

will be kept within the maximum 

permitted by the order of not to exceed 

one half of one fiscal period’s expenses 

as stated in § 905.42. 

The assessment rate established in 

this rule will 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 will be 

in effect for an indefinite period, the 

Committee will continue to meet prior 

to or during each fiscal period to 

recommend a budget of expenses and 

consider recommendations to modify 

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 will evaluate Committee 

recommendations and other available 

information to determine whether 

modification of the assessment rate is 

needed. Further rulemaking will be 

undertaken as necessary. The 

Committee’s 2013–14 budget and those 

for subsequent fiscal periods would be 

reviewed and, as appropriate, approved 

by USDA. 

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 

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 44 Florida citrus handlers 

subject to regulation under the 

marketing order and approximately 

8,000 producers of citrus in the 

production area. 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 of less than $750,000 

(13 CFR 121.201). 

Based on industry and Committee 

data, the average annual f.o.b. price for 

fresh Florida citrus during the 2011–12 

season was approximately $11.79 per 4⁄5

bushel carton, and total fresh shipments 

were approximately 29.5 million 

cartons. Using the average f.o.b. price 

and shipment data, about 48 percent of 

the Florida citrus 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 citrus growers, the average 

annual grower revenue is below 

$750,000. Thus, assuming a normal 

distribution, the majority of handlers of 

Florida citrus may be classified as large 

entities and the majority of producers of 

Florida citrus may be classified as small 

entities. 

This rule increases the assessment 

rate for the 2013–14 and subsequent 

fiscal periods from the current rate of 

$0.008 to $0.009 per 4⁄5 bushel carton of 

citrus. The Committee unanimously 

recommended the increased assessment 

rate, and 2013–14 expenditures of 

$190,000. The increase was 

recommended to generate additional 

funds to add to the Committee’s reserve. 

As previously stated, income derived 

from handler assessments and interest 

should be adequate to meet this year’s 

anticipated expenses. 

A review of historical information and 

preliminary information pertaining to 

the upcoming season indicates that the 

grower price for the 2013–14 season 

should average around $5.05 per 4⁄5

bushel carton of citrus. Utilizing this 

estimate and the assessment rate of 

$0.009, estimated assessment revenue as 

a percentage of total grower revenue 

should be approximately 0.18 percent 

for the season. 

Alternative expenditure and 

assessment levels were discussed prior 

to arriving at this budget. However, the 

Committee agreed on $190,000 in 

expenditures, reviewed the quantity of 

assessable citrus and the need to add 

additional funds to the reserve, and 

recommended an assessment rate of 

$0.009 per 4⁄5 bushel carton of citrus. 

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. These 

costs are offset by the benefits derived 

from the operation of the marketing 

order. In addition, the Committee’s 

meeting was widely publicized 

throughout the Florida 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 

16, 2013, 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 

OMB 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 Florida citrus 

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 citizens to 

access Government information and 

services, and for other purposes. 

A proposed rule concerning this 

action was published in the Federal 

Register on November 13, 2013 (78 FR 

67977). Copies of the proposed rule 

were mailed or sent via facsimile to all 

Florida citrus handlers. Finally, the 

proposal was made available through 

the internet by USDA and the Office of 

the Federal Register. A 15-day comment 

period ending November 29, 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: http://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 


TKELLEY on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 20 / Thursday, January 30, 2014 / Rules and Regulations 4819 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because the crop year began August 1, 

2013, and handlers are already receiving 

2013–14 citrus from growers. The order 

requires that the rate of assessment 

apply to all assessable citrus handled 

during such fiscal period. 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 15-day comment period was 

provided for in the proposed rule, and 

no comments were received. 

List of Subjects in 7 CFR Part 905 

Grapefruit, Oranges, Reporting and 

recordkeeping requirements, Tangelos, 

Tangerines. 

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 905.235 is revised to read 

as follows: 

§ 905.235 Assessment rate. 

On and after August 1, 2013, an 

assessment rate of $0.009 per 4⁄5 bushel 

carton or equivalent is established for 

Florida citrus covered under the order. 

Dated: January 24, 2014. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2014–01763 Filed 1–29–14; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 987 

[Doc. No. AMS–FV–13–0053; FV13–987–1 

FIR] 

Domestic Dates Produced or Packed in 

Riverside County, California; 

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 California Date 

Administrative Committee (committee) 

for the 2013–2014 and subsequent fiscal 

periods from $0.90 to $0.40 per 

hundredweight of dates handled. The 

committee locally administers the 

marketing order for dates grown or 

packed in Riverside County, California. 

The interim rule was necessary to allow 

the committee to reduce its operating 

expenses while still providing adequate 

funding to meet program expenses. 

DATES: Effective January 31, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Terry Vawter, Senior Marketing 

Specialist, or Martin Engeler, Regional 

Director, California Marketing Field 

Office, Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA; Telephone: (559) 487– 

5901, Fax: (559) 487–5906, or Email: 

Terry.Vawter@ams.usda.gov or 

Martin.Engeler@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 Order No. 

987, as amended (7 CFR part 987), 

regulating the handling of dates grown 

or packed in Riverside County, 

California, 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 Orders 

12866 and 13563. 

Under the order, California date 

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 dates for the entire 

fiscal period, and continue indefinitely 

until amended, suspended, or 

terminated. The committee’s fiscal 

period begins on October 1 and ends on 

September 30. 

In an interim rule published in the 

Federal Register on September 3, 2013, 

and effective on October 1, 2013, (78 FR 

54147, Doc. No. AMS–FV–13–0053; 

FV13–987–1 IR), § 987.339, was 

amended by decreasing the assessment 

rate established for California dates for 

the 2013–2014 and subsequent fiscal 

periods from $0.90 to $0.40 per 

hundredweight. The reduction in 

operating expenses allows the 

committee to decrease the per 

hundredweight assessment rate, 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 

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 70 producers 

of dates in the production area and 11 

handlers subject to regulation under the 

marketing order. The Small Business 

Administration defines small 

agricultural producers as those having 

annual receipts of less than $750,000, 

and small agricultural service firms as 

those whose annual receipts are less 

than $7,000,000. (13 CFR 121.201) 

According to the National 

Agricultural Statistics Service (NASS), 

data for the most-recently completed 

and reported crop year (2011) shows 

that about 4.04 tons, or 8,080 pounds, of 

dates were produced per acre. The 2012 

grower price published by NASS was 

$1,340 per ton, or $0.67 per pound. 

Thus, the value of date production per 

acre in 2011–12 averaged about $5,414 

(8,080 pounds times $0.67 per pound). 

At that average price, a producer would 

have to farm over 138 acres to receive 

an annual income from dates of 

$750,000 ($750,000 divided by $5,414 

per acre equals 138.53 acres). According 

to committee staff, the majority of 

California date producers farm less than 

138 acres. Thus, it can be concluded 

that the majority of date producers 

could be considered small entities. In 

addition, according to data from the 

committee staff, the majority of handlers 

of California dates have receipts of less 

than $7,000,000, and may also be 

considered small entities. 

This rule continues in effect the 

action that decreased the assessment 


TKELLEY on DSK3SPTVN1PROD with RULES