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                                             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                                    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.
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                                               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

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                                             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
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                                             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

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                                                               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                        
                                             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
                                             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:                  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.
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                                             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:

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