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

2908 

Vol. 78, No. 10 

Tuesday, January 15, 2013 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 905 

[Doc. No. AMS–FV–12–0045; FV12–905–1 

PR] 

Oranges, Grapefruit, Tangerines, and 

Tangelos Grown in Florida; Increased 

Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

increase the assessment rate established 

for the Citrus Administrative Committee 

(Committee) for the 2012–13 and 

subsequent fiscal periods from $0.0072 

to $0.008 per 4⁄5 bushel carton of citrus 

handled. The Committee locally 

administers the marketing order which 

regulates the handling of oranges, 

grapefruit, tangerines, and tangelos 

grown in Florida. Assessments upon 

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 would 

remain in effect indefinitely unless 

modified, suspended, or terminated. 

DATES: Comments must be received by 

January 25, 2013. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this proposed 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 proposed 

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 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 

proposed 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 

rulemaking is issued under Marketing 

Order No. 905, 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 proposed rule in 

conformance with Executive Order 

12866. 

This rulemaking 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 

proposed herein would be applicable to 

all assessable citrus 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 proposed rule would increase 

the assessment rate established for the 

Committee for the 2012–13 and 

subsequent fiscal periods from $0.0072 

to $0.008 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 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 2007–08 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 July 17, 2012, 

and unanimously recommended 2012– 

13 expenditures of $223,500 and an 

assessment rate of $0.008 per 4⁄5 bushel 

carton of citrus. In comparison, last 

year’s budgeted expenditures were also 

$223,500. The assessment rate of $0.008 

is $0.0008 higher than the rate currently 

in effect. 

The Committee estimates 2012–2013 

production to be approximately 27.3 

million 4⁄5 bushel cartons, down from 

the 29.5 million 4⁄5 bushel cartons 

estimated for last year. At the current 


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Federal Register / Vol. 78, No. 10 / Tuesday, January 15, 2013 / Proposed Rules 2909 

assessment rate, assessment income 

would equal only $196,560, an amount 

insufficient to cover the Committee’s 

anticipated expenditures. The 

assessment rate increase would generate 

additional revenue and would help 

offset the amount of reserves needed to 

fund the budget. Therefore, the 

Committee recommended increasing the 

assessment rate. 

The major expenditures 

recommended by the Committee for the 

2012–13 year include $116,200 for 

salaries, $25,000 for Florida Department 

of Agriculture and Consumer Services 

(FDACS) manifesting, and $18,250 for a 

retirement plan. Budgeted expenses for 

these items in 2011–12 were the same 

as recommended for 2012–13 budgeted 

expenditures, respectively. 

The assessment rate recommended by 

the Committee was derived by 

reviewing anticipated expenses, 

expected shipments of Florida citrus, 

interest income, and available reserves. 

Citrus shipments for the year are 

estimated at 27.3 million 4⁄5 bushel 

cartons which should provide $218,400 

in assessment income. Income derived 

from handler assessments, along with 

interest income and funds from the 

Committee’s authorized reserve would 

be adequate to cover budgeted expenses. 

Funds in the reserve (approximately 

$34,000) would 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 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 

rulemaking 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 45 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 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 2010–11 

season was approximately $12.16 per 4⁄5

bushel carton, and total fresh shipments 

were approximately 30.4 million 

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

and shipment data, about 55 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 

and producers of Florida 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 $0.0072 to $0.008 per 4⁄5

bushel carton of citrus. The Committee 

unanimously recommended 2012–13 

expenditures of $223,500 and an 

assessment rate of $0.008 per 4⁄5 bushel 

carton of citrus. The proposed 

assessment rate of $0.008 is $0.0008 

higher than the 2011–12 rate. The 

quantity of assessable citrus for the 

2012–13 season is estimated at 27.3 

million cartons. Thus, the $0.008 rate 

should provide $218,400 in assessment 

income. Income derived from handler 

assessments, along with interest income 

and funds from the Committee’s 

authorized reserve fund, would be 

adequate to meet this year’s anticipated 

expenses. 

The major expenditures 

recommended by the Committee for the 

2012–13 year include $116,200 for 

salaries, $25,000 for Florida Department 

of Agriculture and Consumer Services 

(FDACS) manifesting, and $18,250 for a 

retirement plan. Budgeted expenses for 

these items in 2011–12 were the same 

as recommended for 2012–13 budgeted 

expenditures, respectively. 

As previously stated, the Committee 

estimates the 2012–2013 production to 

be approximately 27.3 million 4⁄5 bushel 

cartons, down from the 29.5 million 4⁄5

bushel cartons estimated for last year. 

At the current assessment rate, 

assessment income would equal only 

$196,560, an amount insufficient to 

cover the Committee’s anticipated 

expenditures. The assessment rate 

increase would generate additional 

revenue and would help offset the 

amount of reserves needed to fund the 

budget. Therefore, the Committee 

recommended increasing the assessment 

rate. 

The Committee reviewed and 

unanimously recommended 2012–13 

expenditures of $223,500. Prior to 

arriving at this budget, the Committee 

considered information from the 

Committee’s Executive Subcommittee. 

Alternative expenditure levels were 

discussed by this group. The assessment 

rate of $0.008 per 4⁄5 bushel carton of 

citrus was then determined by 

reviewing anticipated expenses, total 

expected shipments of citrus, interest 

income, and the available reserves. The 

increased assessment rate should 

provide $218,400 in assessment income. 

This is approximately $5,100 below the 

anticipated expenses, which the 

Committee determined to be acceptable. 

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 $3.83 and $10.13 

per 4⁄5 bushel carton of citrus. Therefore, 

the estimated assessment revenue for 

the 2012–13 crop year as a percentage 

of total grower revenue could range 

between .08 and .2 percent. 

This 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 


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2910 Federal Register / Vol. 78, No. 10 / Tuesday, January 15, 2013 / Proposed Rules 

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 17, 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 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 

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. 

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 proposed 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 

citrus 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 905 

Grapefruit, Oranges, Reporting and 

recordkeeping requirements, Tangelos, 

Tangerines. 

For the reasons set forth in the 

preamble, 7 CFR part 905 is proposed to 

be 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, 2012, an 

assessment rate of $0.008 per 4⁄5 bushel 

carton or equivalent is established for 

Florida citrus covered under the order. 

Dated: January 9, 2013. 

David R. Shipman, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2013–00599 Filed 1–14–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0013; Directorate 

Identifier 2012–CE–046–AD] 

RIN 2120–AA64 

Airworthiness Directives; GROB– 

WERKE Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for GROB– 

WERKE Model G115EG airplanes. This 

proposed AD results from mandatory 

continuing airworthiness information 

(MCAI) originated by an aviation 

authority of another country to identify 

and correct an unsafe condition on an 

aviation product. The MCAI describes 

the unsafe condition as cracks in the 

elevator trim tab arms on several Grob 

G 115 airplanes, which could result in 

failure of the part and consequent loss 

of control. We are issuing this proposed 

AD to require actions to address the 

unsafe condition on these products. 

DATES: We must receive comments on 

this proposed AD by March 1, 2013. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this proposed AD, contact Grob Aircraft 

AG, Lettenbachstrasse 9, D–86874 

Tussenhausen-Mattsies, Germany; 

phone: +49 (0) 8268 998 139; fax: +49 

(0) 8268 998 200; email: 

productsupport@grob-aircraft.de; 

Internet: www.grob-aircraft.com/ 

index.php/g-115e.html. You may review 

copies of the referenced service 

information at the FAA, Small Airplane 

Directorate, 901 Locust, Kansas City, 

Missouri 64106. For information on the 

availability of this material at the FAA, 

call (816) 329–4148. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

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

Friday, except Federal holidays. The AD 

docket contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(telephone (800) 647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Taylor Martin, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; telephone: (816) 329– 

4138; fax: (816) 329–4090; email: 

taylor.martin@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 


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