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.

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# Rules and Regulations Federal Register 

### 9307

Vol. 78, No. 27

Friday, February 8, 2013

**DEPARTMENT OF AGRICULTURE**

**Agricultural Marketing Service**

**7 CFR Part 966**

**[Doc. No. AMS–FV–12–0051; FV12–966–1 IR]** 

**Tomatoes Grown in Florida; Decreased**
**Assessment Rate**

**AGENCY :**  Agricultural Marketing Service,
USDA.

**ACTION :**  Interim rule with request for

comments.

**SUMMARY :**  This rule decreases 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. Assessments upon Florida tomato 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 February 11, 2013. Comments received by April 9, 2013, will be considered prior to issuance of
a final rule.

**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 :**  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 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 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.

This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the marketing order now in effect, Florida tomato 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 tomatoes beginning 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 decreases the assessment
rate established for the Committee for the 2012–13 and subsequent fiscal periods from $0.037 per 25-pound carton to $0.024 per 25-pound carton of
Florida tomatoes.

The Florida tomato 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 of Florida tomatoes. 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 August 22, 2012, and unanimously recommended 2012–13 expenditures of $1,672,952 and an assessment rate of $0.024 per 25- pound carton of tomatoes. In comparison, last year’s budgeted expenditures were $1,561,952. The assessment rate of $0.024 is $0.013 lower than the rate currently in effect.
The Committee recommended decreasing the assessment rate by using additional funds from reserves to help reduce overall industry costs.


### 9308 Federal Register / Vol. 78, No. 27 / Friday, February 8, 2013 / Rules and Regulations

The major expenditures recommended by the Committee for the 2012–13 year include $750,000 for education and promotion, $436,372 for salaries, $250,000 for research, $66,000 for office rent, and $48,000 for employee health insurance. Budgeted expenses for these items in 2011–12 were $640,500, $436,372, $250,000, $64,000 and $48,000, respectively.

The assessment rate recommended by the Committee was derived by reviewing anticipated expenses, shipments, funds from block grants, interest income, and available reserves. Florida tomato shipments for the year are estimated at 35 million 25-pound cartons which 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. Funds in the reserve (currently $729,000) will be kept within the maximum permitted by the order of not to exceed one fiscal period’s expenses as authorized in § 966.44.

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 is effective 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 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 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 2012–13 budget and those for subsequent fiscal periods will 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 80 handlers of tomatoes in the production area and approximately 100 producers subject to regulation under the marketing order. 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 decreases 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 2011–12 rate. The Committee recommended decreasing the assessment rate by using additional funds from reserves to help reduce overall industry costs. The quantity of
assessable tomatoes for the 2012–13
season is estimated at 35 million cartons. Thus, the $0.024 rate 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. The major expenditures recommended by the Committee for the 2012–13 year include $750,000 for education and promotion, $436,372 for salaries, $250,000 for research, $66,000 for office rent, and $48,000 for employee health insurance. Budgeted expenses for these items in 2011–12 were $640,500, $436,372, $250,000, $64,000 and $48,000, respectively.

The Committee reviewed and unanimously recommended 2012–13 expenditures of $1,672,952. Prior to arriving at this budget, the Committee considered information from various sources, such as the Committee’s Executive Subcommittee, Finance Subcommittee, and Education and Promotion Subcommittee. Alternative expenditure levels were discussed by these groups. The assessment rate recommended by the Committee was derived by reviewing anticipated expenses and shipments of Florida tomatoes, expected funds from block grants, interest income, and available reserves. Florida tomato shipments for the year are estimated at 35 million 25- pound cartons which should provide $840,000 in assessment income. Assessments, along with funds from block grants and interest income, will be approximately $42,952 less than the anticipated expenses, which the Committee determined to be acceptable. Funds from the Committee’s financial reserve will be used to make up the shortfall in revenue.

A review of historical information and preliminary information pertaining to the upcoming crop year indicates that the grower price for the 2012–13 season could range between $3.68 and $12.09 per 25-pound carton of tomatoes. Therefore, the estimated assessment revenue for the 2012–13 crop year as a percentage of total grower revenue could range between .2 and .7 percent.

This action decreases 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. Finally, interested persons are invited to submit comments on this interim rule, including the regulatory and


### 9309 Federal Register / Vol. 78, No. 27 / Friday, February 8, 2013 / Rules and Regulations

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. 0581–0178 Vegetable and Specialty 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 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.

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.

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 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) 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 Florida tomatoes handled during such fiscal period; (2)
this action decreases the assessment rate
for assessable Florida tomatoes beginning with the 2012–13 fiscal period; (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; and (4) this interim rule provides a 60-day comment period, and all comments timely received will be considered prior to finalization of this
rule.

List of Subjects in 7 CFR Part 966

Marketing agreements, Reporting and recordkeeping requirements, Tomatoes.

For the reasons set forth in the preamble, 7 CFR part 966 is amended as
follows:

**PART 966—TOMATOES GROWN IN**
**FLORIDA**

■ 1. The authority citation for 7 CFR part 966 continues to read as follows:

Authority: 7 U.S.C. 601–674.

■ 2. Section 966.234 is revised to read
as follows:

**§ 966.234 Assessment rate.**

On and after August 1, 2012, an assessment rate of $0.024 per 25-pound
carton is established for Florida

tomatoes.

Dated: February 4, 2013. David R. Shipman, Administrator, Agricultural Marketing

Service.

[FR Doc. 2013–02816 Filed 2–7–13; 8:45 am]

**BILLING CODE 3410–02–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 39**

**[Docket No. FAA–2012–0746; Directorate Identifier 2008–SW–035–AD; Amendment**  **39–17337; AD 2013–03–03]**

**RIN 2120–AA64**

**Airworthiness Directives; MD Helicopters, Inc., Helicopters** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Final rule.

**SUMMARY :**  We are adopting a new airworthiness directive (AD) for MD Helicopters, Inc. (MDHI) Model 500N, 600N and MD900 helicopters to require determining the cure date for each NOTAR fan blade tension-torsion strap (T–T strap), establishing a calendar-time retirement life for certain T–T straps, reducing the retirement life of certain T–T straps, marking each T–T strap with the expiration date, creating a component record card for each T–T strap, and revising the airworthiness limitations section of the maintenance manual to reflect the changes to the retirement life. This AD was prompted by a report from the T–T strap manufacturer that, over a period of time, moisture may reduce the strength of a T–T strap. The actions are intended to prevent failure of a T–T strap, loss of directional control and subsequent loss of control of the helicopter.

**DATES :**  This AD is effective March 15,

2013.

**ADDRESSES :**  For service information identified in this AD, contact MD Helicopters, Inc., Attn: Customer Support Division, 4555 E. McDowell Rd., Mail Stop M615, Mesa, Arizona 85215–9734, telephone 1–800–388– 3378, fax 480–346–6813, or on the web

at http://www.mdhelicopters.com. You may review a copy of the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth Texas 76137.

Examining the AD Docket

You may examine the AD docket on
the Internet at http:// www.regulations.gov or in person at the Docket Operations Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, any incorporated-by-reference service information, the economic evaluation, any comments received, and other
information. The street address for the Docket Operations Office (phone: 800– 647–5527) is U.S. Department of Transportation, Docket Operations Office, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590.

**FOR FURTHER INFORMATION CONTACT :**  John Cecil, Aviation Safety Engineer, Los Angeles Aircraft Certification Office, Transport Airplane Directorate, FAA, 3960 Paramount Blvd., Lakewood, California 90712; telephone (562) 627– 5228; email john.cecil@faa.gov.

**SUPPLEMENTARY INFORMATION :** 

Discussion

On July 19, 2012, at 77 FR 42459, the Federal Register published our notice of proposed rulemaking (NPRM), which proposed to amend 14 CFR part 39 to include an AD that would apply to
MDHI Model 500N and 600N helicopters with a NOTAR fan blade T– T strap part number (P/N) 500N5311–5 and MDHI Model MD900 helicopters with a T–T strap, P/N 500N5311–5, P/ N 900R3442009–101, P/N 900R3442009–103, or P/N