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                                                  Proposed Rules                                                                                                Federal Register
                                                                                                                                                                Vol. 76, No. 154

                                                                                                                                                                Wednesday, August 10, 2011

                                                  This section of the FEDERAL REGISTER           All                       the order is not in accordance with law
                                                  contains notices to the public of the proposed          comments submitted in response to this                and request a modification of the order
                                                  issuance of rules and regulations. The                  rule will be included in the record and               or to be exempted therefrom. Such
                                                  purpose of these notices is to give interested          will be made available to the public.                 handler is afforded the opportunity for
                                                  persons an opportunity to participate in the            Please be advised that the identity of the            a hearing on the petition. After the
                                                  rule making prior to the adoption of the final
                                                                                                          individuals or entities submitting the                hearing, USDA would rule on the
                                                                                                          comments will be made public on the                   petition. The Act provides that the
                                                                                                          Internet at the address provided above.               district court of the United States in any
                                                  DEPARTMENT OF AGRICULTURE                               FOR FURTHER INFORMATION CONTACT:                      district in which the handler is an
                                                                                                          Belinda G. Garza, Regional Manager,                   inhabitant, or has his or her principal
                                                  Agricultural Marketing Service                          Texas Marketing Field Office, Marketing               place of business, has jurisdiction to
                                                                                                          Order Administration Branch, Fruit and                review USDA’s ruling on the petition,
                                                  7 CFR Part 906                                          Vegetable Programs, AMS, USDA;                        provided an action is filed not later than
                                                  [Doc. No. AMS–FV–11–0057; FV11–906–1
                                                                                                          Telephone: (956) 632–5330, Fax: (956)                 20 days after the date of the entry of the
                                                  PR]                                                     632–5358, or E-mail:                                  ruling.
                                                                                                                             This rule would increase the
                                                  Oranges and Grapefruit Grown in                            Small businesses may request                       assessment rate established for the
                                                  Lower Rio Grande Valley in Texas;                       information on complying with this                    Committee for the 2011–12 and
                                                  Increased Assessment Rate                               regulation by contacting Laurel May,                  subsequent fiscal periods from $0.12 to
                                                                                                          Marketing Order Administration                        $0.14 per 7/10-bushel carton or
                                                  AGENCY: Agricultural Marketing Service,                 Branch, Fruit and Vegetable Programs,                 equivalent of oranges and grapefruit
                                                  USDA.                                                   AMS, USDA, 1400 Independence                          handled.
                                                  ACTION: Proposed rule.                                  Avenue, SW., STOP 0237, Washington,                     The Texas orange and grapefruit
                                                                                                          DC 20250–0237; Telephone: (202) 720–                  marketing order provides authority for
                                                  SUMMARY: This rule would increase the                   2491, Fax: (202) 720–8938, or E-mail:                 the Committee, with the approval of
                                                  assessment rate established for the                                         USDA, to formulate an annual budget of
                                                  Texas Valley Citrus Committee                                                                                 expenses and collect assessments from
                                                                                                          SUPPLEMENTARY INFORMATION: This rule
                                                  (Committee) for the 2011–12 and                                                                               handlers to administer the program. The
                                                  subsequent fiscal periods from $0.12 to                 is issued under Marketing Agreement
                                                                                                          and Order No. 906, as amended (7 CFR                  members of the Committee are
                                                  $0.14 per 7/10-bushel carton or                                                                               producers and handlers of Texas
                                                  equivalent of oranges and grapefruit                    part 906), regulating the handling of
                                                                                                          oranges and grapefruit grown in the                   oranges and grapefruit. They are
                                                  handled. The Committee locally                                                                                familiar with the Committee’s needs and
                                                  administers the marketing order which                   Lower Rio Grande Valley in Texas,
                                                                                                          hereinafter referred to as the ‘‘order.’’             with the costs for goods and services in
                                                  regulates the handling of oranges and                                                                         their local area and are thus in a
                                                  grapefruit grown in the Lower Rio                       The order is effective under the
                                                                                                          Agricultural Marketing Agreement Act                  position to formulate an appropriate
                                                  Grande Valley in Texas. Assessments                                                                           budget and assessment rate. The
                                                  upon orange and grapefruit handlers are                 of 1937, as amended (7 U.S.C. 601–674),
                                                                                                          hereinafter referred to as the ‘‘Act.’’               assessment rate is formulated and
                                                  used by the Committee to fund                                                                                 discussed in a public meeting. Thus, all
                                                                                                             The Department of Agriculture
                                                  reasonable and necessary expenses of                                                                          directly affected persons have an
                                                                                                          (USDA) is issuing this rule in
                                                  the program. The fiscal period begins                                                                         opportunity to participate and provide
                                                                                                          conformance with Executive Order
                                                  August 1 and ends July 31. The                                                                                input.
                                                  assessment rate would remain in effect                                                                          For the 2004–05 and subsequent fiscal
                                                                                                             This rule has been reviewed under
                                                  indefinitely unless modified,                                                                                 periods, the Committee recommended,
                                                                                                          Executive Order 12988, Civil Justice
                                                  suspended, or terminated.                                                                                     and USDA approved, an assessment rate
                                                                                                          Reform. Under the marketing order now
                                                  DATES: Comments must be received by                     in effect, orange and grapefruit handlers             that would continue in effect from fiscal
                                                  August 22, 2011.                                        in the Lower Rio Grande Valley are                    period to fiscal period unless modified,
                                                  ADDRESSES: Interested persons are                       subject to assessments. Funds to                      suspended, or terminated by USDA
                                                  invited to submit written comments                      administer the order are derived from                 upon recommendation and information
                                                  concerning this rule. Comments must be                  such assessments. It is intended that the             submitted by the Committee or other
                                                  sent to the Docket Clerk, Marketing                     assessment rate as proposed herein                    information available to USDA.
                                                  Order Administration Branch, Fruit and                  would be applicable to all assessable                   The Committee met on June 9, 2011,
                                                  Vegetable Programs, AMS, USDA, 1400                     oranges and grapefruit beginning on                   and unanimously recommended 2011–
                                                  Independence Avenue, SW., STOP                          August 1, 2011, and continue until                    12 expenditures of $1,224,037 and an
                                                  0237, Washington, DC 20250–0237; Fax:                   amended, suspended, or terminated.                    assessment rate of $0.14 per 7/10-bushel
srobinson on DSK4SPTVN1PROD with PROPOSALS

                                                  (202) 720–8938; or Internet: http://                       The Act provides that administrative               carton or equivalent of oranges and
                                         Comments should                    proceedings must be exhausted before                  grapefruit handled. In comparison, last
                                                  reference the document number and the                   parties may file suit in court. Under                 year’s budgeted expenditures were
                                                  date and page number of this issue of                   section 608c(15)(A) of the Act, any                   $1,109,037. The proposed assessment
                                                  the Federal Register and will be                        handler subject to an order may file                  rate of $0.14 is $0.02 higher than the
                                                  available for public inspection in the                  with USDA a petition stating that the                 rate currently in effect. The Committee
                                                  Office of the Docket Clerk during regular               order, any provision of the order, or any             recommended a higher assessment rate
                                                  business hours, or can be viewed at:                    obligation imposed in connection with                 due to an expected smaller crop and an

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                                                  49382                Federal Register / Vol. 76, No. 154 / Wednesday, August 10, 2011 / Proposed Rules

                                                  increase in budgeted expenses.                            The proposed assessment rate would                  within the production area, few have
                                                  Budgeted expenses were increased to                     continue in effect indefinitely unless                sufficient acreage to generate sales in
                                                  provide additional funding for the                      modified, suspended, or terminated by                 excess of $750,000. Thus, half of the
                                                  Committee’s Mexican fruit fly program,                  USDA upon recommendation and                          handlers and the majority of producers
                                                  and also to fund a Federal Agriculture                  information submitted by the                          of Texas oranges and grapefruit may be
                                                  Improvement Reform (FAIR) review                        Committee or other available                          classified as small entities.
                                                  analysis to be conducted next fiscal                    information.                                             This rule would increase the
                                                  period. In 1996, Congress mandated that                   Although this assessment rate would                 assessment rate established for the
                                                  every five years commodity boards                       be in effect for an indefinite period, the            Committee and collected from handlers
                                                  established under the oversight of the                  Committee would continue to meet                      for the 2011–12 and subsequent fiscal
                                                  Secretary of Agriculture pursuant to a                  prior to or during each fiscal period to              periods from $0.12 to $0.14 per 7/10-
                                                  commodity promotion law should fund                     recommend a budget of expenses and                    bushel carton or equivalent of oranges
                                                  an independent evaluation of the                        consider recommendations for                          and grapefruit. The Committee
                                                  effectiveness of their generic promotion                modification of the assessment rate. The              unanimously recommended 2011–12
                                                  program, which is now commonly                          dates and times of Committee meetings                 expenditures of $1,224,037 and an
                                                  known as a FAIR review.                                 are available from the Committee or                   assessment rate of $0.14 per 7/10-bushel
                                                     The Committee projected a reduced                    USDA. Committee meetings are open to                  carton or equivalent handled. The
                                                  crop of 8,750,000 7/10-bushel carton                    the public and interested persons may                 quantity of assessable oranges and
                                                  equivalents, which would be 289,137 7/                  express their views at these meetings.                grapefruit for the 2011–12 fiscal period
                                                  10-bushel carton equivalents less than                  USDA would evaluate Committee                         is estimated at 8.75 million 7/10-bushel
                                                  the 9,039,137 7/10-bushel carton                        recommendations and other available                   carton equivalents. Thus, the $0.14
                                                  equivalents handled during the 2010–11                  information to determine whether                      assessment rate should provide
                                                  fiscal period. Furthermore, due to severe               modification of the assessment rate is                $1,225,000 in assessment income which
                                                  cuts in the State of Texas’ budget, the                 needed. Further rulemaking would be                   would be sufficient to meet anticipated
                                                  Texas Department of Agriculture                         undertaken as necessary. The                          expenses.
                                                                                                          Committee’s 2011–12 budget and those                     The major expenditures
                                                  requested the citrus industry’s
                                                                                                          for subsequent fiscal periods would 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                 Initial 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) (5               compliance oversight. Major
                                                  assessment rate of $0.12 currently in                   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                           (current fiscal period) were $229,000,
                                                  derived from handler assessments and                    considered the economic impact of this                $600,000, and $246,737, respectively.
                                                  interest would be adequate to cover                     rule on small entities. Accordingly,                     The increased assessment rate
                                                  budgeted expenses.                                      AMS has prepared this initial 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 (current 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                      There are approximately 177                        (§ 906.35).
                                                  the Committee was derived by dividing                   producers of oranges and grapefruit in                   In arriving at its recommended
                                                  anticipated expenditures by estimated                   the production area and approximately                 budget, the Committee considered
                                                  shipments of Texas oranges and                          12 handlers subject to regulation under               alternative expenditure levels based
                                                  grapefruit. As mentioned earlier, orange                the marketing order. Small agricultural               upon the relative need of the Mexican
                                                  and grapefruit shipments for the 2011–                  producers are defined by the Small                    fruit fly trapping and promotion
                                                  12 fiscal period are estimated at 8.75                  Business Administration (SBA) (13 CFR                 programs to the Texas citrus industry.
                                                  million 7/10-bushel carton equivalents,                 121.201) as those having annual receipts              The assessment rate of $0.14 per 7/10-
                                                  which should provide $1,225,000 in                      less than $750,000, and small                         bushel carton equivalent was then
                                                  assessment income. Income generated                     agricultural service firms are defined as             determined by dividing the total
                                                  through the $0.14 assessment rate and                   those whose annual receipts are less                  recommended budget by the quantity of
srobinson on DSK4SPTVN1PROD with PROPOSALS

                                                  interest would be more than sufficient                  than $7,000,000.                                      assessable oranges and grapefruit,
                                                  to meet anticipated expenses                               An updated Texas citrus industry                   estimated at 8.75 million 7/10-bushel
                                                  ($1,224,037). Reserve funds at the end of               profile shows that 6 of the 12 handlers               carton equivalents for the 2011–12 fiscal
                                                  2011–12 are projected at $283,774, well                 (50 percent) would be considered large                period. Considering assessment revenue
                                                  below one fiscal period’s expenses,                     businesses under SBA’s definition, and                and interest, total revenue would be
                                                  which would be within the maximum                       the remaining 6 handlers (50 percent)                 approximately $2,463 above the
                                                  reserve amount permitted under the                      would be considered small businesses.                 anticipated expenses, which the
                                                  order (§ 906.35).                                       Of the approximately 177 producers                    Committee determined to be acceptable.

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                                                                       Federal Register / Vol. 76, No. 154 / Wednesday, August 10, 2011 / Proposed Rules                                          49383

                                                     A review of historical information                   access to Government information and                  DEPARTMENT OF TRANSPORTATION
                                                  from recent seasons (2008–2010) and                     services, and for other purposes.
                                                  preliminary information pertaining to                     USDA has not identified any relevant                Federal Aviation Administration
                                                  the upcoming fiscal period indicates                    Federal rules that duplicate, overlap, or
                                                  that the season average packinghouse                    conflict with this rule.                              14 CFR Part 71
                                                  door price for the 2011–12 fiscal period                                                                      [Docket No. FAA–2011–0625; Airspace
                                                  could likely range from $6.24 to $8.23                    A small business guide on complying
                                                                                                                                                                Docket No. 11–AEA–16]
                                                  per 7/10-bushel carton equivalent of                    with fruit, vegetable, and specialty crop
                                                  Texas oranges, and from $10.90 to                       marketing agreements and orders may                   Proposed Amendment of Class D and
                                                  $15.55 for Texas grapefruit. Therefore,                 be viewed at:                E Airspace; North Philadelphia, PA
                                                  the estimated assessment revenue for                    MarketingOrdersSmallBusinessGuide.
                                                  the 2011–12 fiscal period as a                          Any questions about the compliance                    AGENCY: Federal Aviation
                                                  percentage of total grower                              guide should be sent to Laurel May at                 Administration (FAA), DOT.
                                                  (packinghouse door) revenue could                       the previously-mentioned address in the               ACTION: Notice of proposed rulemaking
                                                  range between 1.7 and 2.2 percent for                   FOR FURTHER INFORMATION CONTACT                       (NPRM).
                                                  oranges and between 0.9 and 1.3 percent                 section.
                                                  for grapefruit.                                                                                               SUMMARY: This action proposes to
                                                                                                             A 10-day comment period is provided                amend Class D and Class E airspace at
                                                     This action would increase the                       to allow interested persons to respond
                                                  assessment obligation imposed on                                                                              Northeast Philadelphia Airport, North
                                                                                                          to this proposed rule. Ten days is                    Philadelphia, PA, due to the closing of
                                                  handlers. While assessments impose                      deemed appropriate because: (1) The
                                                  some additional costs on handlers, the                                                                        Willow Grove Naval Air Station and
                                                                                                          2011–12 fiscal period begins on August                Warminster NAWC. This action would
                                                  costs are minimal and uniform on all                    1, 2011, and the marketing order
                                                  handlers. Some of the additional costs                                                                        enhance the safety and airspace
                                                                                                          requires that the rate of assessment for              management of Instrument Flight Rules
                                                  may be passed on to producers.                          each fiscal period apply to all assessable
                                                  However, these costs would be offset by                                                                       (IFR) operations in the North
                                                                                                          oranges and grapefruit handled during                 Philadelphia, PA airspace area.
                                                  the benefits derived by the operation of
                                                                                                          such fiscal period; (2) the Committee
                                                  the order. In addition, the Committee’s                                                                       DATES: Comments must be received on
                                                                                                          needs to have sufficient funds to pay its
                                                  meeting was widely publicized                                                                                 or before September 26, 2011. The
                                                                                                          expenses, which are incurred on a
                                                  throughout the Texas orange and                                                                               Director of the Federal Register
                                                  grapefruit industry and all interested                  continuous basis; and (3) handlers are
                                                                                                                                                                approves this incorporation by reference
                                                  persons were invited to attend the                      aware of this action, which was
                                                                                                                                                                action under title 1, Code of Federal
                                                  meeting and participate in Committee                    unanimously recommended by the
                                                                                                                                                                Regulations, part 51, subject to the
                                                  deliberations on all issues. Like all                   Committee at a public meeting and is
                                                                                                                                                                annual revision of FAA, Order 7400.9
                                                  Committee meetings, the June 9, 2011,                   similar to other assessment rate actions              and publication of conforming
                                                  meeting was a public meeting and all                    issued in past years.                                 amendments.
                                                  entities, both large and small, were able               List of Subjects in 7 CFR Part 906                    ADDRESSES: Send comments on this rule
                                                  to express views on this issue. Finally,
                                                                                                                                                                to: U. S. Department of Transportation,
                                                  interested persons are invited to submit                  Grapefruit, Marketing agreements,
                                                                                                                                                                Docket Operations, West Building
                                                  comments on this proposed rule,                         Oranges, Reporting and recordkeeping
                                                                                                                                                                Ground Floor, Room W12–140, 1200
                                                  including the regulatory and                            requirements.
                                                                                                                                                                New JerseyAvenue, SE., Washington,
                                                  informational impacts of this action on
                                                                                                            For the reasons set forth in the                    DC 20590–0001; Telephone: 1–800–
                                                  small businesses.
                                                     In accordance with the Paperwork                     preamble, 7 CFR part 906 is proposed to               647–5527; Fax: 202–493–2251. You
                                                  Reduction Act of 1995, (44 U.S.C.                       be amended as follows:                                must identify the Docket Number FAA–
                                                  Chapter 35), the order’s information                                                                          2011–0625; Airspace Docket No. 11–
                                                  collection requirements have been                       PART 906—ORANGES AND                                  AEA–16, at the beginning of your
                                                  previously approved by the Office of                    GRAPEFRUIT GROWN IN LOWER RIO                         comments. You may also submit and
                                                  Management and Budget (OMB) and                         GRANDE VALLEY IN TEXAS                                review received comments through the
                                                  assigned OMB No. 0581–0189 (Generic                                                                           Internet at
                                                  Fruit Crops—Mandatory). No changes in                     1. The authority citation for 7 CFR       
                                                  those requirements as a result of this                  part 906 continues to read as follows:                   You may review the public docket
                                                  action are necessary. Should any                          Authority: 7 U.S.C. 601–674.                        containing the rule, any comments
                                                  changes become necessary, they would                                                                          received, and any final disposition in
                                                  be submitted to OMB for approval.                         2. Section 906.235 is revised to read               person in the Dockets Office (see
                                                     This proposed rule would impose no                   as follows:                                           ADDRESSES section for address and
                                                  additional reporting or recordkeeping                                                                         phone number) between 9 a.m. and
                                                                                                          § 906.235    Assessment rate.                         5 p.m., Monday through Friday, except
                                                  requirements on either small or large
                                                  Texas orange and grapefruit handlers.                     On and after August 1, 2011, an                     Federal Holidays.
                                                  As with all Federal marketing order                     assessment rate of $0.14 per 7/10-bushel                 An informal docket may also be
                                                  programs, reports and forms are                         carton or equivalent is established for               examined during normal business hours
                                                  periodically reviewed to reduce                         oranges and grapefruit grown in the                   at the office of the Eastern Service
srobinson on DSK4SPTVN1PROD with PROPOSALS

                                                  information requirements and                            Lower Rio Grande Valley in Texas.                     Center, Federal Aviation
                                                  duplication by industry and public                                                                            Administration, Room 210, 1701
                                                                                                            Dated: August 3, 2011.                              Columbia Avenue, College Park, Georgia
                                                  sector agencies.
                                                     AMS is committed to complying with                   David R. Shipman,                                     30337.
                                                  the E–Government Act, to promote the                    Acting Administrator, Agricultural Marketing          FOR FURTHER INFORMATION CONTACT: John
                                                  use of the Internet and other                           Service.                                              Fornito, Airspace Specialist, Operations
                                                  information technologies to provide                     [FR Doc. 2011–20120 Filed 8–9–11; 8:45 am]            Support Group, Eastern Service Center,
                                                  increased opportunities for citizen                     BILLING CODE 3410–02–P                                Air Traffic Organization, Federal

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