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

43713 

Vol. 82, No. 180 

Tuesday, September 19, 2017 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 959 

[Doc. No. AMS–SC–17–0040; SC17–959–1 

PR] 

Onions Grown in South Texas; 

Increased Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

implement 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 Committee locally 

administers the order and is comprised 

of producers and handlers of onions 

operating within the area of production. 

Assessments upon onion 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 

October 19, 2017. 

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, 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. 

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: 

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 

proposed rule is issued under Marketing 

Order No. 959, as amended (7 CFR part 

959), regulating the handling of onions 

grown in South Texas, 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 

13563 and 13175. This rule does not 

meet the definition of a significant 

regulatory action contained in section 

3(f) of Executive Order 12866 and is not 

subject to review by the Office of 

Management and Budget (OMB). 

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 proposed 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 

proposed herein would 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 proposed rule would increase 

the assessment rate established for the 

Committee for the 2017–18 and 

subsequent fiscal periods from $0.05 to 

$0.065 per 50-pound equivalent of 

onions. 

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 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
43714 Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Proposed Rules 

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 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 2017–18 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 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 around $12.30 per 50-pound 

equivalent. According to Committee 

data, total shipments were around 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 around $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 proposal would increase the 

assessment rate 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 proposed 

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 around $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 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 

the marketing order. In addition, the 

Committee’s meeting was widely 

publicized throughout the South Texas 

onion industry, and all interested 


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Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Proposed Rules 43715 

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. 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 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 

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. 

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 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/ 

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 proposed rule. Thirty days is 

deemed appropriate because: (1) The 

2017–18 fiscal period begins on August 

1, 2017, and the marketing order 

requires that the rate of assessment for 

each fiscal period apply to all assessable 

onions 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 959 

Marketing agreements, Onions, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 959 is proposed to 

be 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: September 12, 2017. 

Bruce Summers, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2017–19690 Filed 9–18–17; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2017–0812; Product 

Identifier 2016–NM–198–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for all 

Airbus Model A330–200 series 

airplanes, Model A330–200 Freighter 

series airplanes, and Model A330–300 

series airplanes. This proposed AD was 

prompted by an evaluation by the 

design approval holder (DAH) 

indicating that certain fuselage 

structures are subject to widespread 

fatigue damage (WFD). This proposed 

AD would require reinforcement 

modifications of various structural parts 

of the fuselage, and related investigative 

and corrective actions if necessary. We 

are proposing this AD to address the 

unsafe condition on these products. 

DATES: We must receive comments on 

this proposed AD by November 3, 2017. 

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: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this NPRM, contact Airbus SAS, 

Airworthiness Office—EAL, 1 Rond 

Point Maurice Bellonte, 31707 Blagnac 

Cedex, France; telephone +33 5 61 93 36 

96; fax +33 5 61 93 45 80; email 

airworthiness.A330–A340@airbus.com; 

Internet http://www.airbus.com. You 

may view this referenced service 

information at the FAA, Transport 

Standards Branch, 1601 Lind Avenue 

SW., Renton, WA. For information on 

the availability of this material at the 

FAA, call 425–227–1221. 

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– 

0812; 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 Operations 

office (telephone 800–647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS