592 Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Rules and Regulations 

Dated: December 29, 2017. 

Bruce Summers, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2017–28505 Filed 1–4–18; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 959 

[Doc. No. AMS–SC–17–0040; SC17–959–1 

FR] 

Onions Grown in South Texas; 

Increased Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule implements a 

recommendation from the South Texas 

Onion Committee (Committee) to 

increase the assessment rate established 

for the 2017–18 and subsequent fiscal 

periods from $0.05 to $0.065 per 50- 

pound equivalent of onions handled 

under the Marketing Order (Order). The 

assessment rate will remain in effect 

indefinitely unless modified, 

suspended, or terminated. 

DATES: Effective February 5, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Doris Jamieson, Marketing Specialist or 

Christian D. Nissen, Regional Director, 

Southeast Marketing Field Office, 

Marketing Order and Agreement 

Division, Specialty Crops Program, 

AMS, USDA; Telephone: (863) 324– 

3375, Fax: (863) 291–8614, 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 Richard Lower, 

Marketing Order and Agreement 

Division, Specialty Crops Program, 

AMS, USDA, 1400 Independence 

Avenue SW, STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491, Fax: (202)720–8938, or Email: 

Richard.Lower@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This 

action, pursuant to 5 U.S.C. 553, 

proposes an amendment to regulations 

issued to carry out a marketing order as 

defined in 7 CFR 900.2(j). This rule is 

issued under Marketing Order No. 959, 

as amended (7 CFR part 959), regulating 

the handling of onions grown in South 

Texas. Part 959 (hereinafter referred to 

as 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 

Committee locally administers the 

Order and is comprised of producers 

and handlers of onions operating within 

the area of production. 

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Orders 

13563 and 13175. This action falls 

within a category of regulatory actions 

that the Office of Management and 

Budget (OMB) exempted from Executive 

Order 12866 review. Additionally, 

because this rule does not meet the 

definition of a significant regulatory 

action, it does not trigger the 

requirements contained in Executive 

Order 13771. See OMB’s Memorandum 

titled ‘‘Interim Guidance Implementing 

Section 2 of the Executive Order of 

January 30, 2017, titled ‘Reducing 

Regulation and Controlling Regulatory 

Costs’ ’’ (February 2, 2017). 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. Under the Marketing Order now 

in effect, South Texas onion 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 onions 

beginning on August 1, 2017, 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 increases the assessment 

rate established for the 2017–18 and 

subsequent fiscal periods from $0.05 to 

$0.065 per 50-pound equivalent of 

onions handled. 

The South Texas Onion 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 South Texas 

onions. 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 2015–16 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 7, 2017, 

and unanimously recommended 2017– 

18 expenditures of $149,807, the same 

as budgeted last fiscal year, and an 

assessment rate of $0.065 per 50-pound 

equivalent of onions. The assessment 

rate of $0.065 is $0.015 higher than the 

rate currently in effect. The Committee 

recommended the increase so 

assessments would be sufficient to cover 

the Committee’s anticipated 

expenditures while providing additional 

funds to help replenish the Committee’s 

reserve fund, which has been depleted 

due to declines in production. With the 

Committee’s recommended $0.015 

increase and estimated shipments of 

approximately three million 50-pound 

equivalents, assessment income should 

be approximately $195,000. 

The major expenditures 

recommended by the Committee for the 

2017–18 fiscal year include $50,000 for 

compliance, $37,050 for administrative, 

and $32,942 for management costs. 

Budgeted expenses for these items were 

the same in 2016–17. 

The assessment rate recommended by 

the Committee was derived by 

considering anticipated expenses, 

expected shipments of South Texas 

onions, and the level of funds in 

reserve. As mentioned earlier, onion 

shipments for the year are estimated at 

three million 50-pound equivalents, 

which should provide $195,000 in 

assessment income. Income derived 

from handler assessments would be 

adequate to cover budgeted expenses. 

The Committee currently has no money 

in reserves. 

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. 


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Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Rules and Regulations 593 

Although this assessment rate will be 

in effect 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 2017–18 budget and those 

for subsequent fiscal periods would be 

reviewed and, as appropriate, approved 

by USDA. 

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 

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 60 producers 

of onions in the production area and 

approximately 30 handlers subject to 

regulation under the Marketing Order. 

Small agricultural producers are defined 

by the Small Business Administration as 

those having annual receipts less than 

$750,000, and small agricultural service 

firms are defined as those whose annual 

receipts are less than $7,500,000 (13 

CFR 121.201). 

Based on information from the 

National Agricultural Statistics Service, 

the weighted grower price for South 

Texas onions during the 2015–16 season 

was approximately $12.30 per 50-pound 

equivalent. According to Committee 

data, total shipments were 

approximately three million 50-pound 

equivalents. Using the weighted average 

price and shipment information, and 

assuming a normal distribution, the 

majority of producers would have 

annual receipts of less than $750,000. 

The average handler price for South 

Texas onions during the 2015–16 season 

was approximately $14.05 per 50-pound 

equivalent. Using the average price and 

shipment information, the number of 

handlers, and assuming a normal 

distribution, the majority of handlers 

would have average annual receipts of 

less than $7,500,000. Thus, the majority 

of South Texas onion producers and 

handlers may be classified as small 

entities. 

This rule increases the assessment 

rate established for the Committee and 

collected from handlers for the 2017–18 

and subsequent fiscal periods from 

$0.05 to $0.065 per 50-pound equivalent 

of Texas onions. The Committee 

unanimously recommended 2017–18 

expenditures of $149,807 and an 

assessment rate of $0.065 per 50-pound 

equivalent. The assessment rate of 

$0.065 is $0.015 higher than the 2016– 

17 rate. The quantity of assessable 

onions for the 2017–18 fiscal period is 

estimated at three million 50-pound 

equivalents. Thus, the $0.065 rate 

should provide $195,000 in assessment 

income and be adequate to meet this 

year’s expenses. 

The major expenditures 

recommended by the Committee for the 

2017–18 year include $50,000 for 

compliance, $37,050 for administrative, 

and $32,942 for management. Budgeted 

expenses for these items were the same 

in 2016–17. 

With the 2017–18 crop estimated to 

be three million 50-pound equivalents, 

the current assessment rate would be 

sufficient to cover the Committee’s 

anticipated expenditures but would not 

provide any additional monies to help 

replenish the Committee’s reserve fund, 

which has been depleted due to 

declines in production. The Committee 

considered the proposed expenses and 

the state of the reserve fund and 

recommended the assessment increase. 

With the Committee’s recommended 

$0.015 increase, assessment income 

should be approximately $195,000 and 

be adequate to cover anticipated 

expenses and add funds to the 

authorized reserve. 

Prior to arriving at this budget and 

assessment rate, the Committee 

considered information from various 

sources, such as the Committee’s Budget 

and Personnel Committee. Alternative 

expenditure levels were discussed by 

these groups, based upon the relative 

value of various activities to the South 

Texas onion industry. The Committee 

ultimately determined that 2017–18 

expenditures of $149,807 were 

appropriate, and the recommended 

assessment rate would generate 

sufficient revenue to meet its expenses. 

A review of historical information and 

preliminary information pertaining to 

the upcoming fiscal period indicates 

that the grower price for the 2017–18 

season could be approximately $12.00 

per 50-pound equivalent of Texas 

onions. Therefore, the estimated 

assessment revenue for the 2017–18 

fiscal period as a percentage of total 

grower revenue could be about 0.5 

percent. 

This action increases 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 are 

offset by the benefits derived by the 

operation of the Marketing Order. In 

addition, the Committee’s meeting was 

widely publicized throughout the South 

Texas 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 June 7, 2017, 

meeting was a public meeting, and all 

entities, both large and small, were able 

to express views on this issue. 

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 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 rule imposes no additional 

reporting or recordkeeping requirements 

on either small or large South Texas 

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. As noted in the initial 

regulatory flexibility analysis, USDA 

has not identified any relevant Federal 

rules that duplicate, overlap, or conflict 

with this final rule. 

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. 

A proposed rule concerning this 

action was published in the Federal 

Register on September 19, 2017 (82 FR 

43713). Copies of the proposed rule 

were also mailed or sent via facsimile to 

all South Texas onion handlers. Finally, 

the proposal was made available 

through the internet by USDA and the 

Office of the Federal Register. A 30-day 


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594 Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Rules and Regulations 

comment period ending October 19, 

2017, was provided for interested 

persons to respond to the proposal. 

Two comments were received in 

support of the rule. One commenter 

stated the increase would help the fair 

trade movement. The other commenter 

stated the increase in the assessment 

rate was reasonable to cover the 

increased costs of goods and services. 

Accordingly, no changes will be made 

to the rule as proposed, based on the 

comments received. 

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/ 

rules-regulations/moa/small-businesses. 

Any questions about the compliance 

guide should be sent to Richard Lower 

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. 

List of Subjects in 7 CFR Part 959 

Marketing agreements, Onions, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 959 is amended as 

follows: 

PART 959—ONIONS GROWN IN 

SOUTH TEXAS 

■ 1. The authority citation for 7 CFR 

part 959 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

Subpart A—[Amended] 

■ 2. Designate the subpart labeled 

‘‘Order Regulating Handling’’ as subpart 

A. 

Subpart B—Administrative Provisions 

■ 3. Designate the subpart labeled 

‘‘Rules and Regulations’’ as subpart B 

and revise the heading as shown above. 

Subparts ‘‘Assessment Rates’’ and 

‘‘Handling Regulations’’—[Amended] 

■ 4. Remove the subpart headings 

‘‘Assessment Rates’’ and ‘‘Handling 

Regulations’’. 

■ 5. Transfer §§ 959.237 and 959.322 to 

subpart B. 

■ 6. Section 959.237 is revised to read 

as follows: 

§ 959.237 Assessment rate. 

On and after August 1, 2017, an 

assessment rate of $0.065 per 50-pound 

equivalent is established for South 

Texas onions. 

Dated: December 29, 2017. 

Bruce Summers, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2017–28504 Filed 1–4–18; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2017–1183; Product 

Identifier 2013–NM–022–AD; Amendment 

39–19147; AD 2018–01–06] 

RIN 2120–AA64 

Airworthiness Directives; Fokker 

Services B.V. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Fokker Services B.V. Model F28 Mark 

0070 and 0100 airplanes. This AD 

requires contacting the FAA to obtain 

instructions for addressing the unsafe 

condition on these products, and doing 

the actions specified in those 

instructions. This AD was prompted by 

a report of an engine multiple fan blade 

release event. We are issuing this AD to 

address the unsafe condition on these 

products. 

DATES: This AD becomes effective 

January 22, 2018. 

We must receive comments on this 

AD by February 20, 2018. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, 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, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

Examining the AD Docket 

You may examine the AD docket on 

the internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2017– 

1183; 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, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Operations 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: Tom 

Rodriguez, Aerospace Engineer, 

International Section, Transport 

Standards Branch, FAA, 1601 Lind 

Avenue SW, Renton, WA 98057–3356; 

telephone: 425–227–1137; fax: 425– 

227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD 2013–0010, 

January 14, 2013 (referred to after this 

as the Mandatory Continuing 

Airworthiness Information, or ‘‘the 

MCAI’’), to correct an unsafe condition 

for certain Fokker Services B.V. Model 

F28 Mark 0070 and 0100. The MCAI 

states: 

Recently, a Tay 620 engine multiple fan 

blade release event occurred on an F28 Mk. 

0070 aeroplane. As a result, low energy fan 

blade fragments exited the engine by 

penetrating the engine nose cowl. Although 

the investigation is still on-going, one of the 

findings was an incorrect adjustment of the 

(emergency) maximum reverse thrust stop. 

Consequently, attempts to select (emergency) 

maximum reverse thrust led to stabilized 

engine operation in an N1 speed range that, 

in combination with other contributing 

factors, may have caused high fan blade 

stresses due to flutter. 

This condition, if not detected and 

corrected, could lead to further cases of 

multiple fan blade release, possibly resulting 

in damage to the aeroplane and injury to 

occupants. 

For the reasons described above, this 

[EASA] AD requires a one-time inspection to 

verify the correct adjustment of the 

(emergency) maximum reverse thrust stop 

position and, if an incorrect adjustment is 

found, accomplishment of applicable 

corrective action(s). To support the 

investigation, this [EASA] AD also requires 

that all findings are reported to Fokker 

Services. 

You may examine the MCAI on the 

internet at http://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2017–1183. 


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