VIEWS: 6 PAGES: 3 CATEGORY: Fitness POSTED ON: 12/30/2011
Grapefruit is not only low in calories and rich in special "enzyme" can affect the way the body absorbs sugar, it is no longer easily converted into fat.
49381 Proposed Rules Federal Register Vol. 76, No. 154 Wednesday, August 10, 2011 This section of the FEDERAL REGISTER http://www.regulations.gov. 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 rules. 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. Belinda.Garza@ams.usda.gov. 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 Laurel.May@ams.usda.gov. 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. 12866. 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 www.regulations.gov. 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 VerDate Mar<15>2010 17:42 Aug 09, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\10AUP1.SGM 10AUP1 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. VerDate Mar<15>2010 17:42 Aug 09, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\10AUP1.SGM 10AUP1 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: http://www.ams.usda.gov/ 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 http://www.regulations.gov. 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 VerDate Mar<15>2010 17:42 Aug 09, 2011 Jkt 223001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\10AUP1.SGM 10AUP1
Pages to are hidden for
"Proposed Rules"Please download to view full document