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

77604 

Vol. 78, No. 247 

Tuesday, December 24, 2013 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 966 

[Doc. No. AMS–FV–13–0076; FV13–966–1 

PR] 

Tomatoes 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 Florida Tomato Committee 

(Committee) for the 2013–14 and 

subsequent fiscal periods from $0.024 to 

$0.0375 per 25-pound carton of 

tomatoes handled. The Committee 

locally administers the Federal 

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 would remain in effect 

indefinitely unless modified, 

suspended, or terminated. 

DATES: Comments must be received by 

January 8, 2014. 

ADDRESSES: Interested persons are 

invited to submit written comments on 

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 

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 

proposed 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 proposed rule in 

conformance with Executive Orders 

12866 and 13563. 

This proposed 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 

proposed herein would be applicable to 

all assessable Florida tomatoes 

beginning on August 1, 2013, 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 2013–14 and 

subsequent fiscal periods from $0.024 to 

$0.0375 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 of goods and services in their local 

area and are therefore 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 

of $0.024 per 25-pound carton of 

tomatoes 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, 

2013, and unanimously recommended 

2013–14 expenditures of $1,824,600 and 

an assessment rate of $0.0375 per 25- 

pound carton of Florida tomatoes. In 

comparison, last year’s budgeted 

expenditures were $1,672,952. The 

assessment rate of $0.0375 is $0.0135 

higher than the rate currently in effect. 

The Committee depleted its reserve by 

using the funds to help meet its annual 

expenditures over the past year. 

Therefore, the Committee recommended 


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Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Proposed Rules 77605 

increasing the assessment rate to 

generate sufficient funds to cover 

expenditures and increase its reserve 

balance. 

The major expenditures 

recommended by the Committee for the 

2013–14 year include $800,000 for 

education and promotion, $458,500 for 

salaries, and $300,000 for research. 

Budgeted expenses for these items in 

2012–13 were $750,000, $436,372, and 

$250,000, respectively. 

The assessment rate recommended by 

the Committee was derived by 

reviewing anticipated expenses; 

expected shipments of Florida tomatoes; 

income from interest, Market Access 

Program funds, and specialty crop block 

grants; and the need to add additional 

funds to the reserve. Florida tomato 

shipments for the year are estimated at 

35 million 25-pound cartons, which 

should provide $1,312,500 in 

assessment income. Income derived 

from handler assessments, interest, and 

other sources would be adequate to 

cover budgeted expenses. Reserve funds 

projected to be $440,500 would be kept 

within the maximum permitted by the 

order of no more than approximately 

one fiscal period’s expenses as stated in 

§ 966.44. 

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 to modify 

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 2013–14 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 

proposed 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 80 handlers 

of tomatoes subject to regulation under 

the marketing order and approximately 

100 producers 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 

of less than $750,000 (13 CFR 121.201). 

Based on industry and Committee 

data, the average annual price for fresh 

Florida tomatoes during the 2012–13 

season was approximately $10.64 per 

25-pound carton, and total fresh 

shipments were approximately 35.5 

million cartons. 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 proposal would increase the 

assessment rate for the 2013–14 and 

subsequent fiscal periods from the 

current rate of $0.024 to $0.0375 per 25- 

pound carton of tomatoes. The 

Committee unanimously recommended 

the increased assessment rate and 2013– 

14 expenditures of $1,824,600. The 

increase was recommended to generate 

sufficient funds to cover the 

Committee’s expenditures and add to its 

reserve. As previously stated, income 

derived from handler assessments, 

interest, and other income would be 

adequate to meet this year’s anticipated 

expenses. 

A review of historical information and 

preliminary information pertaining to 

the upcoming season indicates that the 

grower price for the 2013–14 season 

should average around $9.73 per 25- 

pound carton of tomatoes. Utilizing this 

estimate and the proposed assessment 

rate of $0.0375, estimated assessment 

revenue as a percentage of total grower 

revenue would be approximately 0.4 

percent for the season. 

Alternative expenditure and 

assessment levels were discussed prior 

to arriving at this budget. However, the 

Committee agreed on $1,824,600 in 

expenditures, reviewed the quantity of 

assessable tomatoes and the need to add 

additional funds to the reserve, and 

recommended an assessment rate of 

$0.0375 per 25-pound carton of 

tomatoes. 

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. These costs would be offset by 

the benefits derived from the operation 

of the marketing order. 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, 

2013, 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. 0581–0178 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 proposed rule would impose 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 

more opportunities for citizens to access 

Government information and services, 

and for other purposes. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this action. 

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. 


sroberts on DSK5SPTVN1PROD with PROPOSALS
77606 Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Proposed Rules 

Any questions about the compliance 

guide should be sent to Jeffrey Smutny 

at the previously-mentioned address in 

the FOR FURTHER INFORMATION CONTACT

section. 

A 15-day comment period is provided 

to allow interested persons to respond 

to this proposed rule. Fifteen days is 

deemed appropriate because: (1) The 

2013–14 fiscal period began on August 

1, 2013, 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) 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. 

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 proposed to 

be 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, 2013, an 

assessment rate of $0.0375 per 25-pound 

carton is established for Florida 

tomatoes. 

Dated: December 17, 2013. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2013–30558 Filed 12–23–13; 8:45 am] 

BILLING CODE 3410–02–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 72 and 73 

[NRC–2009–0558] 

RIN 3150–AI78 

Security Requirements for Facilities 

Storing Spent Nuclear Fuel 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Draft regulatory basis; 

availability of responses to public 

comments. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC), published, on 

December 16, 2009, a notice of 

availability and request for comment on 

the NRC’s draft regulatory basis 

[previously known as the technical 

basis] document for a proposed 

rulemaking that would revise the 

security requirements for storing spent 

nuclear fuel (SNF) in an independent 

spent fuel storage installation (ISFSI), 

and for storing SNF and/or high-level 

radioactive waste (HLW) in a monitored 

retrievable storage installation (MRS). 

The draft regulatory basis, comments on 

the draft regulatory basis, and the NRC 

staff’s responses to these comments, are 

located on the Federal e-Rulemaking 

Web site at http://www.rulemaking.gov 

under Docket ID: NRC–2009–0558 and 

copies may also be obtained using the 

other methods specified below. 

ADDRESSES: Please refer to Docket ID 

NRC–2009–0558 when contacting the 

NRC about the availability of 

information regarding this document. 

You may access publicly-available 

information related to this action by the 

following methods: 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2009–0558. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–287–3422; 

email: Carol.Gallagher@nrc.gov. For 

technical questions, contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may access publicly 

available documents online in the NRC 

Library at http://www.nrc.gov/readingrm/adams.html. To begin the search, 

select ‘‘ADAMS Public Documents’’ and 

then select ‘‘Begin Web-based ADAMS 

Search.’’ For problems with ADAMS, 

please contact the NRC’s Public 

Document Room (PDR) reference staff at 

1–800–397–4209, 301–415–4737, or by 

email to pdr.resource@nrc.gov. The 

ADAMS accession number for each 

document referenced in this document 

(if that document is available in 

ADAMS) is provided the first time that 

a document is referenced. In addition, 

for the convenience of the reader, the 

ADAMS accession numbers are 

provided in a table in the section of this 

document entitled, Availability of 

Documents. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

FOR FURTHER INFORMATION CONTACT: 

Susan Stuchell, Office of Nuclear 

Security and Incident Response, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001; telephone: 

301–287–3609; email: 

Susan.Stuchell@nrc.gov. 

SUPPLEMENTARY INFORMATION: In 2007, 

the Commission approved the initiation 

of a rulemaking recommended by the 

NRC staff in SECY–07–0148, to 

strengthen security requirements at 

ISFSIs. On December 16, 2009 (74 FR 

66589), the NRC staff published in the 

Federal Register a notice of availability 

and request for comment on the NRC 

staff’s draft regulatory basis for the 

rulemaking. In light of opposition, 

expressed in comments, on some of the 

key technical approaches discussed in 

the draft regulatory basis, the staff 

sought direction from the Commission 

concerning the proposed rulemaking. In 

SRM–SECY–10–0114, the Commission 

directed the staff to continue its 

assessment of the threat against ISFSIs, 

engage stakeholders, develop draft 

guidance, and provide a supplemental 

paper (now due on May 14, 2014) to 

evaluate whether changes in the 

proposed rulemaking’s direction are 

necessary. The NRC staff is still in the 

information gathering stage for this 

planned security rulemaking. 

The comments on the draft regulatory 

basis have been summarized for 

purposes of clarity and conciseness and 

grouped together into 20 subject areas. 

Five individuals or groups submitted 

written comments on the draft 

regulatory basis, and their comments 

have been assigned the following 

identification (ID) numbers: 

Commenter Commenter’s 

ID No. 

U.S. Department of Energy .. (1) 

Nuclear Energy Institute ....... (2) 

Union of Concerned Scientists ................................ (3) 

Anonymous via Greenpeace (4) 

Prairie Island Indian Community ..................................... (5) 

The NRC staff has responded to all 

comments. The comment summaries 

and the staff’s responses are available in 

ADAMS under Accession No. 

ML13085A150. 

Availability of Documents: The 

following table lists the documents that 

are available to the public and how they 

may be obtained: 


sroberts on DSK5SPTVN1PROD with PROPOSALS