28118 Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Rules and Regulations 

* * * * * 

Dated: May 8, 2013. 

David R. Shipman, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2013–11389 Filed 5–13–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 955 

[Doc. No. AMS–FV–12–0071; FV13–955–1 

IR] 

Vidalia Onions Grown in Georgia; 

Change in Reporting and Assessment 

Requirements 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: This rule changes the 

reporting and assessment requirements 

currently prescribed under the 

marketing order for Vidalia onions 

grown in Georgia (order). The order 

regulates the handling of Vidalia onions 

grown in Georgia and is administered 

locally by the Vidalia Onion Committee 

(Committee). This rule changes the date 

by which handlers are required to 

submit monthly shipping reports and 

their corresponding assessments to the 

Committee from the fifth day of the 

month to the tenth day of the month. In 

addition, this rule also changes the due 

date to the first business day after the 

tenth of the month should the tenth fall 

on a weekend or a holiday. These 

changes are expected to benefit handlers 

without negatively affecting program 

compliance. 

DATES: Effective May 15, 2013; 

comments received by July 15, 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. All comments 

should reference the document number 

and the date and page number of this 

issue of the Federal Register and will be 

made 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 Nissen, Regional Director, 

Southeast Marketing Field Office, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA; Telephone: (863) 324– 

3378, 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 Agreement 

and Order No. 955, as amended (7 CFR 

part 955), regulating the handling of 

Vidalia onions grown in Georgia, 

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. This rule is not intended to 

have retroactive effect. 

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. A 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 changes the reporting and 

assessment requirements currently 

prescribed under the order. This rule 

changes the date by which handlers are 

required to submit monthly shipping 

reports and their corresponding 

assessments to the Committee from the 

fifth day of the month to the tenth day 

of the month. In addition, this rule also 

changes the due date to the first 

business day after the tenth of the 

month should the tenth fall on a 

weekend or a holiday. These changes 

are expected to benefit handlers without 

negatively affecting program 

compliance. The Committee 

unanimously recommended these 

changes at a meeting on August 9, 2012. 

Section 955.60 of the order provides 

authority for the Committee to require 

handlers to file reports and provide 

information as may be necessary for the 

Committee to perform its duties. Section 

955.101 of the regulations provides the 

requisite reporting requirements. 

Currently this section provides, in part, 

that handlers are required to file with 

the Committee a monthly shipping 

report on the fifth day of each month 

following the month in which 

shipments were made. 

Section 955.42 provides the authority 

for the collection of assessments from 

handlers to administer the order and the 

authority to establish the time and rate 

of assessments. Section 955.142 

specifies that handler assessments are 

required to be paid on a monthly basis 

corresponding with the due date of the 

monthly shipping reports. In addition, 

§§ 955.101 and 955.142 specify that 

should the fifth day of the month fall on 

a weekend or holiday, both reports and 

assessments are due on the first 

business day prior to the fifth. 

This rule revises §§ 955.101 and 

955.142 to require that handlers submit 

monthly shipping reports and 

assessments to the Committee by the 

tenth day of the month following the 

month in which shipments were made. 

This rule also changes the reporting and 

assessment requirements to state that if 

the tenth falls on a weekend or holiday, 

the monthly reports and assessments are 

due on the first business day after the 

tenth day of the month. 

At the August meeting, the Committee 

discussed that the industry has 

expressed concern regarding the 

difficulties some handlers were having 

in submitting their reports and 

assessments by the fifth of the month. 

Some handlers have reported that the 

current due date of the fifth of the 

month has created a hardship for them 

because of the short turnaround time for 

preparing the monthly shipping report 

and getting it submitted to the 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Rules and Regulations 28119 

Committee with their assessment 

payment by the due date. 

Some of the data on the shipping 

report is not available or verifiable until 

after the final day of the month when all 

shipments have been made. This data is 

necessary for the handlers to prepare 

and submit accurate shipping reports to 

the Committee and to pay assessments 

associated with those shipments. 

Handlers routinely find that they do not 

have sufficient time to close out their 

internal month-end sales paperwork in 

time to complete and submit their 

monthly reports and the assessment 

payment by the fifth of the month. 

Further, for those times when the fifth 

falls on a weekend or holiday, the first 

business day before the weekend or 

holiday could be as early as the second 

of the month. This can make it even 

more difficult for handlers to meet the 

established due date. Handlers who 

have the staff necessary to gather data 

quickly can have a difficult time getting 

reports and assessments to the 

Committee office in just two days. Such 

a short turnaround can be even more 

challenging for smaller operations. 

In addition, the Committee 

established penalties and an increased 

interest rate for late assessments in 

2011. Although this has helped improve 

compliance with reporting and 

assessment requirements, handlers that 

were already having trouble submitting 

their monthly reports and assessments 

now face interest and late fees on late 

payments. 

Therefore, the Committee voted 

unanimously to extend the monthly 

reporting and assessment due date an 

additional five days to the tenth of the 

month. For those occasions when the 

tenth falls on a weekend or a holiday, 

the due date will be the next business 

day following the tenth. These changes 

will allow handlers additional reporting 

time, and should provide handlers 

sufficient time to receive the sales and 

shipment data information needed to 

complete their monthly reports and to 

submit their assessments. 

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 

action 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 40 handlers 

of Vidalia onions who are subject to 

regulation under the order and 

approximately 80 onion producers in 

the designated production area. Small 

agricultural service firms, which 

include handlers, are defined by the 

Small Business Administration (SBA) as 

those having annual receipts of 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 National Agricultural 

Statistical Service (NASS) and 

Committee data, the average annual 

grower price for fresh Vidalia onions 

during the 2012 season was around $17 

per 40-pound container, and total 

Vidalia onion shipments were around 

4,450,000 40-pound containers. Using 

available data, more than 90 percent of 

Vidalia onion handlers have annual 

receipts less than $7,000,000. However, 

the average receipts for Vidalia 

producers were around $946,000 in 

2012, which is higher than the SBA 

threshold for small producers. 

Assuming a normal distribution, the 

majority of handlers of Vidalia onions 

may be classified as small entities, 

while the majority of producers may be 

classified as large entities, according to 

the SBA definition. 

This rule changes the reporting and 

assessment requirements currently 

prescribed under the order. This rule 

revises §§ 955.101 and 955.142 to 

change when monthly shipping reports 

and assessments, respectively, are due 

to the Committee from the fifth day of 

the month to the tenth day of the month 

following the month in which the 

shipments were made. In addition, this 

rule also changes both sections to 

specify that should the tenth fall on a 

weekend or a holiday, the due date will 

be the first business day after the tenth 

of the month. Authority for these 

changes is provided for in §§ 955.60 and 

955.42. These changes are expected to 

benefit handlers without negatively 

affecting program compliance. The 

Committee unanimously recommended 

these changes at a meeting on August 9, 

2012. 

It is not anticipated that this action 

will impose any additional costs on the 

industry. This action relaxes the current 

due dates for monthly reports and 

assessments, which should benefit all 

businesses. Handlers may see reduced 

costs as they will have more time to 

submit reports without accruing late 

payment penalties. While the majority 

of Vidalia onion handlers are 

considered to be small businesses, the 

effects of this rule are not expected to 

be disproportionately greater or less for 

small entities than for larger entities. 

As an alternative to this action, the 

Committee considered making no 

change to the current regulations. 

However, filing reports and paying 

assessments by the fifth day of the 

month was a hardship for some 

handlers. Thus, the Committee 

determined that action was needed, and 

this alternative was rejected. 

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 (Generic 

Vegetable 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 will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

Vidalia onion 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. 

In addition, USDA has not identified 

any relevant Federal rules that 

duplicate, overlap, or conflict with this 

rule. 

Further, the Committee’s meeting was 

widely publicized throughout the 

Vidalia onion 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 

9, 2012, meeting was a public meeting, 

and all entities, both large and small, 

were able to express their 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. 

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 


wreier-aviles on DSK5TPTVN1PROD with RULES
28120 Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Rules and Regulations 

guide should be sent to Jeffrey Smutny 

at the previously mentioned address in 

the FOR FURTHER INFORMATION CONTACT

section. 

This rule invites comments on 

changes to the reporting and assessment 

requirements currently prescribed under 

the order. Any comments received will 

be considered prior to finalization of 

this rule. 

After consideration of all relevant 

material presented, including the 

Committee’s recommendation and other 

information, it is found that this interim 

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) This rule relaxes 

requirements by giving handlers 

additional time to submit monthly 

reports and assessments; (2) Vidalia 

onion handlers began shipping onions 

on April 17; (3) this issue has been 

widely discussed at industry meetings, 

and the Committee has kept the 

industry well informed; (4) the 

Committee unanimously recommended 

these changes at a public meeting and 

interested parties had an opportunity to 

provide input; and (5) this rule provides 

a 60-day comment period, and any 

comments received will be considered 

prior to finalization of this rule. 

List of Subjects in 7 CFR Part 955 

Marketing agreements, Onions, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 955 is amended as 

follows: 

PART 955—VIDALIA ONIONS GROWN 

IN GEORGIA 

■ 1. The authority citation for 7 CFR 

part 955 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

§ 955.101 [Amended] 

■ 2. In § 955.101, paragraph (b) is 

amended by revising the word ‘‘fifth’’ to 

read ‘‘tenth’’, and the words ‘‘prior to’’ 

to read ‘‘following’’ respectively, 

everywhere they appear. 

§ 955.142 [Amended] 

■ 3. In § 955.142, paragraph (a) is 

amended by revising the word ‘‘fifth’’ to 

read ‘‘tenth’’, and the words ‘‘prior to’’ 

to read ‘‘following’’ respectively, 

everywhere they appear. 

Dated: May 9, 2013. 

Rex A. Barnes, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2013–11393 Filed 5–13–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 966 

[Doc. No. AMS–FV–12–0051; FV12–966–1 

FIR] 

Tomatoes Grown in Florida; 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 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. The interim 

rule was necessary to allow the 

Committee to reduce its financial 

reserve and to help reduce overall 

industry costs, while still providing 

adequate funding to meet program 

expenses. 

DATES: Effective May 15, 2013. 

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 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 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. 

Under the order, Florida tomato 

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 Florida tomatoes for the 

entire fiscal period, and continue 

indefinitely until amended, suspended, 

or terminated. The Committee’s fiscal 

period began on August 1, and ends on 

July 31. 

In an interim rule published in the 

Federal Register on February 8, 2013, 

and effective on February 11, 2013, (78 

FR 9307, Doc. No. AMS–FV–12–0051, 

FV12–966–1 IR), § 966.234 was 

amended by decreasing the assessment 

rate established for Florida tomatoes for 

the 2012–13 and subsequent fiscal 

periods from $0.037 to $0.024 per 25- 

pound carton. The decrease in the per 

25-pound carton assessment rate allows 

the Committee to reduce its financial 

reserve and helps to reduce overall 

industry cost, 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 

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. 


wreier-aviles on DSK5TPTVN1PROD with RULES