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

33913 

Vol. 86, No. 121 

Monday, June 28, 2021 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 966 

[Doc. No. AMS–SC–21–0016; SC21–966–1 

PR] 

Tomatoes Grown in Florida; 

Reapportionment of Membership 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

adjust the number of member seats 

apportioned to each district represented 

on the Florida Tomato Committee 

(Committee). The Department of 

Agriculture (USDA) is taking this action 

based on an amendatory change to the 

marketing order for tomatoes grown in 

Florida, which reduced the size of the 

Committee from 12 members to 10. This 

action would reduce the member seats 

in each of the two districts from six 

members and their alternates to five 

members and their alternates. 

DATES: Comments must be received by 

July 28, 2021. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this proposal. Comments 

must be sent to the Docket Clerk, 

Marketing Order and Agreement 

Division, Specialty Crops 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 proposal 

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: 

Steven W. Kauffman, 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: Steven.Kauffman@usda.gov or 

Christian.Nissen@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, or email: Richard.Lower@

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 proposed 

rule is issued under Marketing 

Agreement No. 125 and Order No. 966, 

as amended (7 CFR part 966), regulating 

the handling of tomatoes grown in 

Florida. Part 966 (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 

operating within the production area. 

The Department of Agriculture 

(USDA) is issuing this proposed rule in 

conformance with Executive Orders 

12866 and 13563. Executive Orders 

12866 and 13563 direct agencies to 

assess all costs and benefits of available 

regulatory alternatives and, if regulation 

is necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts and equity). 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, reducing costs, 

harmonizing rules, and promoting 

flexibility. This action falls within a 

category of regulatory actions that the 

Office of Management and Budget 

(OMB) exempted from Executive Order 

12866 review. 

This proposed rule has been reviewed 

under Executive Order 13175— 

Consultation and Coordination with 

Indian Tribal Governments, which 

requires agencies to consider whether 

their rulemaking actions would have 

tribal implications. AMS has 

determined this proposed rule is 

unlikely to have substantial direct 

effects on one or more Indian tribes, on 

the relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

This proposed rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This proposed 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 proposed rule invites comments 

on changes to the Committee 

membership as prescribed in the Order. 

USDA is taking this action as a 

conforming change following 

amendments to the Order published in 

the Federal Register on November 16, 

2020 (85 FR 72914). The amendments, 

in part, reduced membership on the 

Committee from 12 members and their 

alternates to 10 members and their 

alternates. This action would reduce the 

member seats in each of the two 

districts from six members and their 

alternates to five members and their 

alternates, maintaining equitable 

representation on the Committee from 

both districts. 

Section 966.22 provides for the 

establishment of membership on the 

Committee. The ten members and their 

alternates shall be producers, or officers 

or employees of a corporate producer, in 


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the district for which selected and a 

resident of the production area. Section 

966.160 defines the two districts from 

which producers serve as 

representatives on the Committee. 

Section 966.25 provides the authority 

for the Committee to recommend, with 

the approval of the Secretary, 

reapportionment of members among 

districts, and the reestablishment of 

districts within the production area. 

Section 966.161 apportions Committee 

membership among the two districts 

pursuant to § 966.25. 

The Committee met on November 1, 

2018, and February 27, 2019, to 

recommend changes to the Order. These 

recommendations included reducing the 

Committee size from 12 members to 10; 

reducing the number of districts in the 

production area from four districts to 

two, maintaining that membership on 

the Committee be divided evenly 

between the two districts. The reduction 

to two districts and the reapportionment 

of Committee membership that provided 

equal representation of six members in 

each of those newly formed districts 

were completed under a separate 

rulemaking action published in the 

Federal Register on September 26, 2019 

(84 FR 50711). 

During the Committee’s discussion of 

the amendments and the reduction in 

Committee size, members indicated they 

wanted to maintain the equity in 

membership between the two districts. 

With the reduction in the Committee 

size from 12 members and their 

alternates to 10 members and their 

alternates, this rule would make a 

conforming change to the Committee 

membership as apportioned in 

§ 966.161. This action would reduce the 

seats in each district from six members 

and their alternates to five members and 

their alternates. This would maintain 

the equitable representation on the 

Committee and bring the number of 

apportioned seats in line with the 

reduced number of members authorized 

in the Order. 

Accordingly, each district would 

nominate five members and five 

alternates for a total of 10 members and 

10 alternate nominees to serve on the 

Committee. 

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 65 producers 

of Florida tomatoes in the production 

area and 41 handlers subject to 

regulation under the Order. Small 

agricultural producers are defined by 

the Small Business Administration 

(SBA) as those having annual receipts 

less than $1,000,000 and small 

agricultural service firms are defined as 

those whose annual receipts are less 

than $30,000,000 (13 CFR 121.201). 

With an estimated producer price of 

$14.00 per 25-pound container, the 

number of Florida tomato producers, 

and a normal distribution assumed, the 

average annual producer revenue is 

above $1,000,000, ($14.00 times 22.3 

million containers equals $312,200,000 

divided by 65 producers equals 

$4,803,077 per producer). Thus, the 

majority of producers of Florida 

tomatoes may be classified as large 

entities. 

According to industry and Committee 

data, the average annual price for fresh 

Florida tomatoes during the 2019–20 

season was approximately $19.07 per 

25-pound container, and total fresh 

shipments were 22.3 million containers. 

Using the average price and shipment 

information, the number of handlers, 

and a normal distribution assumed, the 

majority of handlers have average 

annual receipts of less than $30,000,000, 

($19.07 times 22.3 million containers 

equals $425,261,000 divided by 41 

handlers equals $10,372,220 per 

handler). Thus, the majority of handlers 

of Florida tomatoes may be classified as 

small entities. 

This proposed rule would adjust the 

number of member seats apportioned on 

the Committee. USDA is taking this 

action based on an amendatory change 

to the Order, which reduced the size of 

the Committee from 12 members to 10. 

This action would reduce the member 

seats in each of the two districts from 

six members and their alternates to five 

members and their alternates. This 

change would revise § 966.161 pursuant 

to the authority in § 966.25. 

It is not anticipated that this action 

would impose any additional costs on 

the industry. This change is a 

conforming change and would not 

establish any new regulatory 

requirements on handlers. There would 

be no change in financial costs, 

reporting, or recordkeeping 

requirements because of this action. 

This action would reduce the 

apportioned members from six members 

and their alternates to five members and 

their alternates in each of the two 

districts to reflect the recent amendatory 

action which reduced the size of the 

Committee. The balance of 

representation on the Committee would 

remain the same with member seats 

divided evenly between the two 

districts. The effects of this rule would 

not be disproportionately greater or less 

for small entities than for larger entities. 

Alternatives to reapportionment were 

discussed and considered by the 

Committee. However, these alternatives 

were rejected. The Committee agreed 

that given the number of producers had 

decreased, reducing the Committee size 

would make it more reflective of today’s 

industry. The Committee also wanted to 

maintain the balance of representation 

between the two districts. With the 

amendatory change to the Order, this 

action is necessary to make the 

regulations conform to the Order 

requirements. 

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 would be 

necessary because of this proposed rule. 

Should any changes become necessary, 

they would be submitted to OMB for 

approval. 

This proposed rule would not impose 

any 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. 

The Committee’s meetings are widely 

publicized throughout the Florida 

tomato industry, and all interested 

persons are invited to attend the 

meetings and participate in Committee 

deliberations on all issues. Like all 

Committee meetings, the November 1, 

2018, and February 27, 2019, meetings 

were open to the public, 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 proposed rule, 

including the regulatory and 

information collection impacts of this 

action on small businesses. 

AMS is committed to complying with 

the E-Government Act, to promote the 


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Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Proposed Rules 33915 

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: 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. 

A 30-day comment period is provided 

to allow interested persons to respond 

to this proposal. All written comments 

timely received will be considered 

before a final determination is made on 

this matter. 

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. Revise § 966.161 to read as follows: 

§ 966.161 Reapportionment of committee 

membership. 

Pursuant to § 966.25, industry 

membership on the Florida Tomato 

Committee shall be reapportioned as 

follows: 

(a) District 1—five members and their 

alternates. 

(b) District 2—five members and their 

alternates. 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2021–13705 Filed 6–25–21; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2018–0422; Product 

Identifier 2018–CE–015–AD] 

RIN 2120–AA64 

Airworthiness Directives; Pacific 

Aerospace Limited Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Proposed rule; withdrawal. 

SUMMARY: The FAA is withdrawing a 

notice of proposed rulemaking (NPRM) 

that proposed to supersede 

airworthiness directive (AD) AD 2015– 

23–03 for Pacific Aerospace Limited 

Model 750XL airplanes. The NPRM was 

prompted by mandatory continuing 

airworthiness information (MCAI) 

issued 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 fatigue cracks on the fin 

forward pickup plates. Since issuance of 

the NPRM, the FAA has determined that 

the actions required by AD 2015–23–03 

address the unsafe condition. 

Accordingly, the NPRM is withdrawn. 

DATES: As of June 28, 2021, the 

proposed rule, which published in the 

Federal Register on June 18, 2018 (83 

FR 28171), is withdrawn. 

ADDRESSES: 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2018–0422; or in person at Docket 

Operations between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The AD docket contains this 

AD action, any comments received, and 

other information. The street address for 

Docket Operations is U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Mike Kiesov, Aviation Safety Engineer, 

FAA, General Aviation & Rotorcraft 

Section, International Validation 

Branch, 901 Locust, Room 301, Kansas 

City, MO 64106; phone: (816) 329–4144; 

fax: (816) 329–4090; email: 

mike.kiesov@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA issued an NPRM that 

proposed to amend 14 CFR part 39 by 

adding an AD that would apply to 

certain Pacific Aerospace Limited 

Model 750XL airplanes. The NPRM was 

published in the Federal Register on 

June 18, 2018 (83 FR 28171), and 

proposed to supersede AD 2015–23–03, 

Amendment 39–18319 (80 FR 69569, 

November 10, 2015) (AD 2015–23–03). 

AD 2015–23–03 requires reducing the 

torque setting for the fin forward pickup 

bolt, inspecting the fin forward pickup 

plates for cracks, and replacing the fin 

forward pickup plates. The NPRM was 

based on MCAI originated by the Civil 

Aviation Authority (CAA) of New 

Zealand. The MCAI states: 

This [CAA] AD revised to introduce Pacific 

Aerospace Limited Mandatory Service 

Bulletin (MSB) PACSB/XL/068 issue 6, dated 

8 January 2018. The changes to the SB are 

limited to minor editorial changes, and the 

addition of alternate P/N [part number] hi-lok 

fasteners due to limited availability of the 

original P/N. There are no changes to the AD 

applicability or the requirements. 

Actions Since the NPRM Was Issued 

After issuance of the NPRM, the FAA 

has determined that the actions required 

by AD 2015–23–03 address the unsafe 

condition. The new service information 

is unchanged except for editorial 

changes and the addition of alternate hilok fasteners. AD 2015–23–03 only 

requires the procedures in the service 

information that was incorporated by 

reference and not the materials. Thus, 

operators may use the new hi-lok 

fasteners to comply with AD 2015–23– 

03 without an alternative method of 

compliance. Based on the above 

information, the FAA has determined 

that AD action is not warranted and the 

proposal should be withdrawn. 

Withdrawal of the NPRM constitutes 

only such action and does not preclude 

the FAA from further rulemaking on 

this issue, nor does it commit the FAA 

to any course of action in the future. 

Regulatory Findings 

Since this action only withdraws an 

NPRM, it is neither a proposed AD nor 

a final rule. This action, therefore, is not 

covered under Executive Order 12866 or 

the Regulatory Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Withdrawal 

■ Accordingly, the notice of proposed 

rulemaking, which published in the 

Federal Register on June 18, 2018 (83 

FR 28171), is withdrawn. 


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