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Grapefruit have lungs, bowel, facilitating the efficacy, which contains a lot of vitamin C, there is Breast effect. Olive oil can aid digestion, slimming effect.
Grapefruit have lungs, bowel, facilitating the efficacy, which contains a lot of vitamin C, there is Breast effect. Olive oil can aid digestion, slimming effect.
61249 Rules and Regulations Federal Register Vol. 76, No. 192 Tuesday, October 4, 2011 This section of the FEDERAL REGISTER Avenue, SW., STOP 0237, Washington, The Texas orange and grapefruit contains regulatory documents having general DC 20250–0237; Telephone: (202) 720– marketing order provides authority for applicability and legal effect, most of which 2491, Fax: (202) 720–8938, or E-mail: the Committee, with the approval of are keyed to and codified in the Code of Laurel.May@ams.usda.gov. USDA, to formulate an annual budget of Federal Regulations, which is published under expenses and collect assessments from 50 titles pursuant to 44 U.S.C. 1510. SUPPLEMENTARY INFORMATION: This rule handlers to administer the program. The is issued under Marketing Agreement The Code of Federal Regulations is sold by members of the Committee are and Order No. 906, as amended (7 CFR the Superintendent of Documents. Prices of producers and handlers of Texas part 906), regulating the handling of new books are listed in the first FEDERAL oranges and grapefruit. They are oranges and grapefruit grown in the REGISTER issue of each week. familiar with the Committee’s needs and Lower Rio Grande Valley in Texas, with the costs for goods and services in hereinafter referred to as the ‘‘order.’’ their local area and are thus in a DEPARTMENT OF AGRICULTURE The order is effective under the position to formulate an appropriate Agricultural Marketing Agreement Act budget and assessment rate. The Agricultural Marketing Service of 1937, as amended (7 U.S.C. 601–674), assessment rate is formulated and hereinafter referred to as the ‘‘Act.’’ discussed in a public meeting. Thus, all 7 CFR Part 906 The Department of Agriculture directly affected persons have an [Doc. No. AMS–FV–11–0057; FV11–906–1 (USDA) is issuing this rule in opportunity to participate and provide FR] conformance with Executive Order input. 12866. For the 2004–05 and subsequent fiscal Oranges and Grapefruit Grown in This rule has been reviewed under periods, the Committee recommended, Lower Rio Grande Valley in Texas; Executive Order 12988, Civil Justice and USDA approved, an assessment rate Increased Assessment Rate Reform. Under the marketing order now that would continue in effect from fiscal AGENCY: Agricultural Marketing Service, in effect, orange and grapefruit handlers period to fiscal period unless modified, USDA. in the Lower Rio Grande Valley are suspended, or terminated by USDA subject to assessments. Funds to upon recommendation and information ACTION: Final rule. administer the order are derived from submitted by the Committee or other SUMMARY: This rule increases the such assessments. It is intended that the information available to USDA. assessment rate established for the assessment rate as issued herein will be The Committee met on June 9, 2011, Texas Valley Citrus Committee applicable to all assessable oranges and and unanimously recommended 2011– (Committee) for the 2011–12 and grapefruit beginning on August 1, 2011, 12 expenditures of $1,224,037 and an subsequent fiscal periods from $0.12 to and continue until amended, assessment rate of $0.14 per 7/10-bushel $0.14 per 7/10-bushel carton or suspended, or terminated. carton or equivalent of oranges and equivalent of oranges and grapefruit The Act provides that administrative grapefruit handled. In comparison, last handled. The Committee locally proceedings must be exhausted before year’s budgeted expenditures were administers the marketing order which parties may file suit in court. Under $1,109,037. The assessment rate of $0.14 regulates the handling of oranges and section 608c(15)(A) of the Act, any is $0.02 higher than the rate currently in grapefruit grown in the Lower Rio handler subject to an order may file effect. The Committee recommended a Grande Valley in Texas. Assessments with USDA a petition stating that the higher assessment rate due to an upon orange and grapefruit handlers are order, any provision of the order, or any expected smaller crop and an increase used by the Committee to fund obligation imposed in connection with in budgeted expenses. Budgeted reasonable and necessary expenses of the order is not in accordance with law expenses were increased to provide the program. The fiscal period began on and request a modification of the order additional funding for the Committee’s August 1 and ends July 31. The or to be exempted therefrom. Such Mexican fruit fly program, and also to assessment rate will remain in effect handler is afforded the opportunity for fund a Federal Agriculture Improvement indefinitely unless modified, a hearing on the petition. After the Reform (FAIR) review analysis to be suspended, or terminated. hearing, USDA would rule on the conducted next fiscal period. In 1996, DATES: Effective Date: October 5, 2011. petition. The Act provides that the Congress mandated that every five years FOR FURTHER INFORMATION CONTACT: district court of the United States in any commodity boards established under Belinda G. Garza, Regional Manager, district in which the handler is an the oversight of the Secretary of Texas Marketing Field Office, Marketing inhabitant, or has his or her principal Agriculture pursuant to a commodity Order and Agreement Division, Fruit place of business, has jurisdiction to promotion law should fund an and Vegetable Programs, AMS, USDA; review USDA’s ruling on the petition, independent evaluation of the Telephone: (956) 632–5330, Fax: (956) provided an action is filed not later than effectiveness of their generic promotion 632–5358, or E-mail: 20 days after the date of the entry of the program, which is now commonly ruling. known as a FAIR review. sroberts on DSK5SPTVN1PROD with RULES Belinda.Garza@ams.usda.gov. Small businesses may request This rule increases the assessment The Committee projected a reduced information on complying with this rate established for the Committee for crop of 8,750,000 7/10-bushel carton regulation by contacting Laurel May, the 2011–12 and subsequent fiscal equivalents, which would be 289,137 Marketing Order Administration periods from $0.12 to $0.14 per 7/10- 7/10-bushel carton equivalents less than Division, Fruit and Vegetable Programs, bushel carton or equivalent of oranges the 9,039,137 7/10-bushel carton AMS, USDA, 1400 Independence and grapefruit handled. equivalents handled during the 2010–11 VerDate Mar<15>2010 16:51 Oct 03, 2011 Jkt 226001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\04OCR1.SGM 04OCR1 61250 Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Rules and Regulations fiscal period. Furthermore, due to severe needed. Further rulemaking will be assessment income which should be cuts in the State of Texas’ budget, the undertaken as necessary. The sufficient to meet anticipated expenses. Texas Department of Agriculture Committee’s 2011–12 budget and those The major expenditures requested the citrus industry’s for subsequent fiscal periods will be recommended by the Committee for the assistance in funding a Mexican fruit fly reviewed and, as appropriate, approved 2011–12 fiscal period include $479,000 trapping program, which is essential to by USDA. for the Mexican Fruit Fly support, the industry’s well-being. Based on a trapping, and bait spray programs; decreased crop estimate and anticipated Final Regulatory Flexibility Analysis $425,000 for promotion; and $250,737 expenditure increases, the Committee Pursuant to requirements set forth in for management, administration, and unanimously recommended that the the Regulatory Flexibility Act (RFA) compliance oversight. Major assessment rate of $0.12 currently in (5 U.S.C. 601–612), the Agricultural expenditures for these items in 2010–11 effect be increased by $0.02. Income Marketing Service (AMS) has were $229,000, $600,000, and $246,737, derived from handler assessments and considered the economic impact of this respectively. interest should be adequate to cover rule on small entities. Accordingly, The increased assessment rate budgeted expenses. AMS has prepared this final regulatory recommended by the Committee was The major expenditures flexibility analysis. due to a reduced crop estimate (8.75 recommended by the Committee for the The purpose of the RFA is to fit million 7/10-bushel carton equivalents 2011–12 fiscal period include $479,000 regulatory actions to the scale of of oranges and grapefruit), and an for the Mexican fruit fly support, business subject to such actions in order increase in budgeted expenditures to trapping, and bait spray programs; that small businesses will not be unduly provide additional funding for the $425,000 for promotion; and $250,737 or disproportionately burdened. Mexican fruit fly program and a FAIR for management, administration, and Marketing orders issued pursuant to the analysis. With anticipated assessment compliance oversight. In comparison, Act, and the rules issued thereunder, are income of $1,225,000, and anticipated major expenditures for these items in unique in that they are brought about expenditures of $1,224,037, funds in the 2010–11 (last fiscal period) were through group action of essentially reserve would be kept within the $229,000, $600,000, and $246,737, small entities acting on their own maximum of one fiscal period’s respectively. behalf. expenses permitted by the order The assessment rate recommended by (§ 906.35). There are approximately 177 In arriving at its recommended the Committee was derived by dividing producers of oranges and grapefruit in budget, the Committee considered anticipated expenditures by estimated the production area and approximately alternative expenditure levels based shipments of Texas oranges and 12 handlers subject to regulation under upon the relative need of the Mexican grapefruit. As mentioned earlier, orange the marketing order. Small agricultural fruit fly trapping and promotion and grapefruit shipments for the 2011– producers are defined by the Small programs to the Texas citrus industry. 12 fiscal period are estimated at 8.75 million 7/10-bushel carton equivalents, Business Administration (SBA) (13 CFR The assessment rate of $0.14 per 7/10- which should provide $1,225,000 in 121.201) as those having annual receipts bushel carton equivalent was then assessment income. Income generated less than $750,000, and small determined by dividing the total through the $0.14 assessment rate and agricultural service firms are defined as recommended budget by the quantity of interest would be more than sufficient those whose annual receipts are less assessable oranges and grapefruit, to meet anticipated expenses than $7,000,000. estimated at 8.75 million 7/10 bushel ($1,224,037). Reserve funds at the end of An updated Texas citrus industry carton equivalents for the 2011–12 fiscal 2011–12 are projected at $283,774, well profile shows that 6 of the 12 handlers period. Considering assessment revenue below one fiscal period’s expenses, (50 percent) would be considered large and interest, total revenue would be which would be within the maximum businesses under SBA’s definition, and approximately $2,463 above the reserve amount permitted under the the remaining 6 handlers (50 percent) anticipated expenses, which the order (§ 906.35). would be considered small businesses. Committee determined to be acceptable. The assessment rate established in Of the approximately 177 producers A review of historical information this rule will continue in effect within the production area, few have from recent seasons (2008–2010) and indefinitely unless modified, sufficient acreage to generate sales in preliminary information pertaining to suspended, or terminated by USDA excess of $750,000. Thus, half of the the current fiscal period indicates that upon recommendation and information handlers and the majority of producers the season average packinghouse door submitted by the Committee or other of Texas oranges and grapefruit may be price for the 2011–12 fiscal period could available information. classified as small entities. likely range from $6.24 to $8.23 per Although this assessment rate will be This rule increases the assessment 7/10-bushel carton equivalent of Texas in effect for an indefinite period, the rate established for the Committee and oranges, and from $10.90 to $15.55 for Committee will continue to meet prior collected from handlers for the 2011–12 Texas grapefruit. Therefore, the to or during each fiscal period to and subsequent fiscal periods from estimated assessment revenue for the recommend a budget of expenses and $0.12 to $0.14 per 7/10-bushel carton or 2011–12 fiscal period as a percentage of consider recommendations for equivalent of oranges and grapefruit. total grower (packinghouse door) modification of the assessment rate. The The Committee unanimously revenue could range between 1.7 and dates and times of Committee meetings recommended 2011–12 expenditures of 2.2 percent for oranges and between 0.9 are available from the Committee or $1,224,037 and an assessment rate of and 1.3 percent for grapefruit. USDA. Committee meetings are open to $0.14 per 7/10-bushel carton or This action increases the assessment sroberts on DSK5SPTVN1PROD with RULES the public and interested persons may equivalent handled. The quantity of obligation imposed on handlers. While express their views at these meetings. assessable oranges and grapefruit for the assessments impose some additional USDA will evaluate Committee 2011–12 fiscal period is estimated at costs on handlers, the costs are minimal recommendations and other available 8.75 million 7/10-bushel carton and uniform on all handlers. Some of information to determine whether equivalents. Thus, the $0.14 assessment the additional costs may be passed on modification of the assessment rate is rate should provide $1,225,000 in to producers. However, these costs are VerDate Mar<15>2010 16:51 Oct 03, 2011 Jkt 226001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\04OCR1.SGM 04OCR1 Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Rules and Regulations 61251 offset by the benefits derived by the information and recommendation DEPARTMENT OF AGRICULTURE operation of the order. In addition, the submitted by the Committee and other Committee’s meeting was widely available information, it is hereby found Animal and Plant Health Inspection publicized throughout the Texas orange that this rule, as hereinafter set forth, Service and grapefruit industry and all will tend to effectuate the declared interested persons were invited to policy of the Act. 9 CFR Part 77 attend the meeting and participate in [Docket No. APHIS–2011–0093] Committee deliberations on all issues. Pursuant to 5 U.S.C. 553, it is also Like all Committee meetings, the June 9, found and determined that good cause Tuberculosis in Cattle and Bison; State 2011, meeting was a public meeting and exists for not postponing the effective and Zone Designations; New Mexico all entities, both large and small, were date of this rule until 30 days after able to express views on this issue. publication in the Federal Register AGENCY: Animal and Plant Health In accordance with the Paperwork because: (1) The 2011–12 fiscal period Inspection Service, USDA. Reduction Act of 1995, (44 U.S.C. began on August 1, 2011, and the ACTION: Interim rule and request for chapter 35), the order’s information marketing order requires that the rate of comments. collection requirements have been assessment for each fiscal period apply previously approved by the Office of to all assessable oranges and grapefruit SUMMARY: We are amending the bovine Management and Budget (OMB) and handled during such fiscal period; (2) tuberculosis regulations regarding State assigned OMB No. 0581–0189 (Generic the Committee needs to have sufficient and zone classifications by reclassifying Fruit Crops—Mandatory). No changes in a zone in New Mexico consisting of funds to pay its expenses, which are those requirements as a result of this Curry and Roosevelt Counties. We have incurred on a continuous basis; and (3) action are necessary. Should any determined that the zone meets the handlers are aware of this rule which criteria for accredited-free status. Since changes become necessary, they would was unanimously recommended by the be submitted to OMB for approval. the remainder of the State is already Committee at a public meeting and is classified as accredited free, the entire This rule imposes no additional reporting or recordkeeping requirements similar to other assessment rate actions State of New Mexico is now classified on either small or large Texas orange issued in past years. Also, a 10-day as accredited free. This action relieves and grapefruit handlers. As with all comment period was provided for in the certain restrictions on the interstate Federal marketing order programs, proposed rule. movement of cattle and bison from reports and forms are periodically List of Subjects in 7 CFR Part 906 Curry and Roosevelt Counties in New reviewed to reduce information Mexico. requirements and duplication by Grapefruit, Marketing agreements, DATES: This interim rule is effective industry and public sector agencies. As Oranges, Reporting and recordkeeping October 4, 2011. We will consider all noted in the initial regulatory flexibility requirements. comments that we receive on or before analysis, USDA has not identified any December 5, 2011. For the reasons set forth in the relevant Federal rules that duplicate, preamble, 7 CFR part 906 is amended as ADDRESSES: You may submit comments overlap, or conflict with this final rule. AMS is committed to complying with follows: by either of the following methods: • Federal eRulemaking Portal: Go to the E-Government Act, to promote the PART 906—ORANGES AND http://www.regulations.gov/ use of the Internet and other GRAPEFRUIT GROWN IN LOWER RIO #!documentDetail;D=APHIS-2011-0093- information technologies to provide GRANDE VALLEY IN TEXAS 0001. increased opportunities for citizen • Postal Mail/Commercial Delivery: access to Government information and ■ 1. The authority citation for 7 CFR Send your comment to Docket No. services, and for other purposes. A proposed rule concerning this part 906 continues to read as follows: APHIS–2011–0093, Regulatory Analysis action was published in the Federal and Development, PPD, APHIS, Station Authority: 7 U.S.C. 601–674. 3A–03.8, 4700 River Road Unit 118, Register on August 10, 2011 (76 FR 49381). Copies of the proposed rule ■ 2. Section 906.235 is revised to read Riverdale, MD 20737–1238. as follows: Supporting documents and any were also mailed or sent via facsimile to comments we receive on this docket all orange and grapefruit handlers. § 906.235 Assessment rate. may be viewed at http:// Finally, the proposal was made www.regulations.gov/ available through the Internet by USDA On and after August 1, 2011, an #!docketDetail;D=APHIS-2011-0093 or and the Office of the Federal Register. A assessment rate of $0.14 per 7/10-bushel in our reading room, which is located in 10-day comment period ending August carton or equivalent is established for room 1141 of the USDA South Building, 22, 2011, was provided for interested oranges and grapefruit grown in the 14th Street and Independence Avenue, persons to respond to the proposal. No Lower Rio Grande Valley in Texas. SW., Washington, DC. Normal reading comments were received. A small business guide on complying Dated: September 29, 2011. room hours are 8 a.m. to 4:30 p.m., with fruit, vegetable, and specialty crop David R. Shipman, Monday through Friday, except marketing agreements and orders may Acting Administrator, Agricultural Marketing holidays. To be sure someone is there to be viewed at: http://www.ams.usda.gov/ Service. help you, please call (202) 690–2817 MarketingOrdersSmallBusinessGuide. [FR Doc. 2011–25493 Filed 10–3–11; 8:45 am] before coming. FOR FURTHER INFORMATION CONTACT: Dr. sroberts on DSK5SPTVN1PROD with RULES Any questions about the compliance BILLING CODE 3410–02–P guide should be sent to Laurel May at Kathleen Orloski, Senior Staff the previously mentioned address in the Veterinarian, Ruminant Health FOR FURTHER INFORMATION CONTACT Programs, Veterinary Services, APHIS, section. 2150 Centre Avenue, Building B3E20, After consideration of all relevant Fort Collins, CO 80526; (970) 494–7221. material presented, including the SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 16:51 Oct 03, 2011 Jkt 226001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\04OCR1.SGM 04OCR1
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