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

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. 


wreier-aviles on DSK7SPTVN1PROD with RULES
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 


wreier-aviles on DSK7SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 27 / Friday, February 8, 2013 / Rules and Regulations 9309 

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 


wreier-aviles on DSK7SPTVN1PROD with RULES