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Rules and Regulations Federal Register

47551 

Vol. 79, No. 157 

Thursday, August 14, 2014 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 906 

[Doc. No. AMS–FV–14–0054; FV14–906–3 

IR] 

Oranges and Grapefruit Grown in 

Lower Rio Grande Valley in Texas; 

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 

Texas Valley Citrus Committee 

(Committee) for the 2014–15 and 

subsequent fiscal periods from $0.16 to 

$0.11 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. 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 will remain in effect 

indefinitely unless modified, 

suspended, or terminated. 

DATES: Effective August 15, 2014. 

Comments received by October 14, 

2014, 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: 

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 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. 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 rule in 

conformance with Executive Orders 

12866, 13563, and 13175. 

This 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 issued herein will be 

applicable to all assessable oranges and 

grapefruit beginning August 1, 2014, 

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 2014–15 and subsequent fiscal 

periods from $0.16 to $0.11 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 (7 

CFR 906.34). The members of the 

Committee are producers and handlers 

of Texas oranges and grapefruit. They 

are familiar with the Committee’s needs 

and 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 2012–13 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, 2014, 

and recommended 2014–15 

expenditures of $809,500 and an 

assessment rate of $0.11 per 7/10-bushel 

carton or equivalent of oranges and 


rmajette on DSK2TPTVN1PROD with RULES
47552 Federal Register / Vol. 79, No. 157 / Thursday, August 14, 2014 / Rules and Regulations 

grapefruit handled. In comparison, last 

year’s budgeted expenditures were 

$1,353,300. The assessment rate of $0.11 

is $0.05 lower than the rate currently in 

effect. The Committee reviewed and 

recommended 2014–15 expenditures of 

$809,500, which includes a decrease in 

the marketing program and management 

fees. The Committee considered 

proposed expenses and recommended 

decreasing the assessment rate to more 

closely align assessment income to the 

lower budget. 

The major expenditures 

recommended by the Committee for the 

2014–15 year include $503,000 for the 

Mexican fruit fly control program, 

$175,000 for management and 

compliance, and $100,000 for marketing 

and promotion. Budgeted expenses for 

these items in 2013–14 were $503,000, 

$200,000, and $600,000, 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 2014–2015 year are 

estimated at 8.2 million 7/10-bushel 

cartons or equivalent, which should 

provide $902,000 in assessment income. 

That is approximately $92,500 above the 

anticipated expenses of $809,500; 

therefore income derived from handler 

assessments will be adequate to cover 

budgeted expenses. Excess funds will be 

added to the reserve, (currently $0.00), 

which will be kept within the maximum 

permitted by the order (approximately 

one fiscal period’s expenses as stated in 

§ 906.35). 

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 2014–15 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 

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 170 

producers of oranges and grapefruit in 

the production area and 13 handlers 

subject to regulation under the 

marketing order. Small agricultural 

producers are defined by the Small 

Business Administration (SBA) as those 

having annual receipts of 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 Statistics Service, the 

weighted average grower price for Texas 

citrus during the 2012–13 season was 

around $12.98 per box and total 

shipments were near 8.5 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, the majority of 

handlers have annual receipts of less 

than $7,000,000 and 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 rule decreases the assessment 

rate established for the Committee and 

collected from handlers for the 2014–15 

and subsequent fiscal periods from 

$0.16 to $0.11 per 7/10-bushel carton or 

equivalent of Texas citrus. The 

Committee recommended 2014–15 

expenditures of $809,500 and an 

assessment rate of $0.11 per 7/10-bushel 

carton or equivalent handled. The 

assessment rate of $0.11 is $0.05 lower 

than the 2013–14 rate. The quantity of 

assessable oranges and grapefruit for the 

2014–15 fiscal period is estimated at 8.2 

million 7/10-bushel cartons. Thus, the 

$0.11 rate should provide $902,000 in 

assessment income and be adequate to 

meet this year’s expenses. 

The major expenditures 

recommended by the Committee for the 

2014–15 year include $503,000 for the 

Mexican fruit fly control program, 

$175,000 for management and 

compliance, and $100,000 for marketing 

and promotion. Budgeted expenses for 

these items in 2013–14 were $503,000, 

$200,000, and $600,000, respectively. 

The Committee reviewed and 

recommended 2014–15 expenditures of 

$809,500, which includes decreases in 

the amount budgeted for the marketing 

program and management. The 

Committee considered proposed 

expenses and recommended decreasing 

the assessment rate to more closely align 

assessment income to the lower budget. 

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. Alternate 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 $0.11 per 7/10-bushel carton or 

equivalent of assessable oranges and 

grapefruit was then determined by 

considering the total recommended 

budget in relation to the quantity of 

assessable oranges and grapefruit, 

estimated at 8.2 million 7/10-bushel 

cartons for the 2014–15 fiscal period. 

Based on estimated shipments, the 

recommended assessment rate of $0.11 

should provide $902,000 in assessment 

income. This is approximately $92,500 

above the anticipated expenses of 

$809,500, which the Committee 

determined to be acceptable as any 

assessments collected above 

expenditures are to be added to 

reserves. 

A review of historical information and 

preliminary information pertaining to 

the upcoming fiscal period indicates 

that the grower price for the 2014–15 

season could range between $3.02 and 

$19.22 per 7/10-bushel carton or 

equivalent of oranges and grapefruit. 

Therefore, the estimated assessment 

revenue for the 2014–15 fiscal period, as 

a percentage of total grower revenue, 

could range between .5 and 3.6 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. 


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Federal Register / Vol. 79, No. 157 / Thursday, August 14, 2014 / Rules and Regulations 47553 

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, 2014, 

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 

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 action imposes 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: 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 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 2014–15 fiscal period 

begins on August 1, 2014, 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) 

this action decreases the assessment rate 

for assessable oranges and grapefruit 

grown in Texas beginning with the 

2014–15 fiscal period; (3) handlers are 

aware of this action which was 

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 906 

Grapefruit, Marketing agreements, 

Oranges, Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 906 is 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, 2014, an 

assessment rate of $0.11 per 7/10-bushel 

carton or equivalent is established for 

oranges and grapefruit grown in the 

Lower Rio Grande Valley in Texas. 

Dated: August 11, 2014. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2014–19306 Filed 8–13–14; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 27 

[Docket No. FAA–2014–0560; Special 

Conditions No. 27–033–SC] 

Special Conditions: Robinson Model 

R44 and R44 II Helicopters, Installation 

of HeliSAS Autopilot and Stabilization 

Augmentation System (AP/SAS) 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for the modification of the 

Robinson Helicopter Company Model 

R44 and R44 II helicopters. These model 

helicopters will have a novel or unusual 

design feature after installation of the 

HeliSAS helicopter autopilot/ 

stabilization augmentation system (AP/ 

SAS) that has potential failure 

conditions with more severe adverse 

consequences than those envisioned by 

the existing applicable airworthiness 

regulations. These special conditions 

contain the added safety standards the 

Administrator considers necessary to 

ensure the failures and their effects are 

sufficiently analyzed and contained. 

DATES: The effective date of these 

special conditions is August 4, 2014. We 

must receive your comments on or 

before September 29, 2014. 

ADDRESSES: Send comments identified 

by docket number [FAA–2014–0560] 

using any of the following methods: 

• Federal eRegulations 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 of Courier: Deliver 

comments to the 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://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 


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