Tomatoes Grown in Florida; Amendments to the Marketing Order No. 966

Cited as:85 FR 72914
Court:Agricultural Marketing Service
Publication Date:16 Nov 2020
Record Number:2020-23590
72914
Federal Register / Vol. 85, No. 221 / Monday, November 16, 2020 / Rules and Regulations
Authority: 5 U.S.C. 8351, 8432(a), 8432(b),
8432(c), 8432(j), 8432d, 8474(b)(5) and (c)(1),
and 8440e.
§ 1600.23 [Amended]
2. Amend § 1600.23 by removing and
reserving paragraphs (b) and (h).
PART 1605—CORRECTION OF
ADMINISTRATIVE ERRORS
3. The authority citation for part 1605
continues to read as follows:
Authority: 5 U.S.C. 8351, 8432a, 8432d,
8474(b)(5)(5) and (c)(1). Subpart B also issued
under section 1043(b) of Public Law 104–
106, 110 Stat. 186 and sec. 7202(m)(2) of
Public Law 101–508, 104 Stat. 1388.
4. Amend § 1605.13 by revising
paragraph (c)(2) to read as follows:
§ 1605.13 Back pay awards and other
retroactive pay adjustments.
* * * * *
(c) * * *
(2) Must not cause the participant to
exceed the annual contribution limit(s)
contained in sections 402(g), 415(c), or
414(v) of the I.R.C. (26 U.S.C. 402(g),
415(c), 414(v)) for the year(s) with
respect to which the contributions are
being made, taking into consideration
the TSP contributions already made in
(or with respect to) that year; and
* * * * *
[FR Doc. 2020–24203 Filed 11–13–20; 8:45 am]
BILLING CODE 6760–01–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 966
[Doc. No.: AMS–SC–19–0068; SC19–966–3]
Tomatoes Grown in Florida;
Amendments to the Marketing Order
No. 966
AGENCY
: Agricultural Marketing Service,
USDA.
ACTION
: Final rule.
SUMMARY
: This final rule amends
Marketing Order No. 966, which
regulates the handling of Florida
Tomatoes. The amendments will change
the Florida Tomato Committee’s
(Committee) size, length of the terms of
office, and quorum requirements.
DATES
: This rule is effective December
16, 2020.
FOR FURTHER INFORMATION CONTACT
:
Geronimo Quinones, Marketing
Specialist, Rulemaking Services Branch,
Marketing Order and Agreement
Division, Specialty Crops Program,
AMS, USDA, 1400 Independence
Avenue SW, Stop 0237, Washington, DC
20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or Email:
Geronimo.Quinones@usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Richard Lower,
Marketing Order and Agreement
Division, Specialty Crops Program,
AMS, USDA, 1400 Independence
Avenue SW, STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or Email:
Richard.Lower@usda.gov.
SUPPLEMENTARY INFORMATION
: This
action, pursuant to 5 U.S.C. 553,
finalizes amendments to regulations
issued to carry out a marketing order as
defined in 7 CFR 900.2(j). This rule is
issued under Marketing Order No. 966,
as amended (7 CFR part 966), regulating
the handling of tomatoes grown in
Florida. Part 966 (referred to as the
‘‘Order’’) is effective under the
Agricultural Marketing Agreement Act
of 1937, as amended (7 U.S.C. 601–674),
hereinafter referred to as the ‘‘Act.’’ The
Committee locally administers the
Order and is comprised of tomato
producers operating within the area of
production. The applicable rules of
practice and procedure governing the
formulation of Marketing Agreements
and Orders (7 CFR part 900) authorize
amendment of the Order through this
informal rulemaking action.
The Department of Agriculture
(USDA) is issuing this rule in
conformance with Executive Orders
13563 and 13175. This action falls
within a category of regulatory actions
that the Office of Management and
Budget (OMB) exempted from Executive
Order 12866 review. Additionally,
because this rule does not meet the
definition of a significant regulatory
action, it does not trigger the
requirements contained in Executive
Order 13771. See OMB’s Memorandum
titled ‘‘Interim Guidance Implementing
Section 2 of the Executive Order of
January 30, 2017, titled ‘Reducing
Regulation and Controlling Regulatory
Costs’ ’’ (February 2, 2017).
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. This rule is not intended to
have retroactive effect. This rule shall
not be deemed to preclude, preempt, or
supersede any State program covering
tomatoes grown in Florida.
The Act provides that administrative
proceedings must be exhausted before
parties may file suit in court. Under
section 8c(15)(A) of the Act (7 U.S.C.
608 (15)(A)), any handler subject to an
order may file with USDA a petition
stating that the order, any provision of
the order, or any obligation imposed in
connection with the order is not in
accordance with law and request a
modification of the order or to be
exempted therefrom. A handler is
afforded the opportunity for a hearing
on the petition. After the hearing, USDA
would rule on the petition. The Act
provides that the district court of the
United States in any district in which
the handler is an inhabitant, or has his
or her principal place of business, has
jurisdiction to review USDA’s ruling on
the petition, provided an action is filed
no later than 20 days after the date of
entry of the ruling.
Section 1504 of the Food,
Conservation, and Energy Act of 2008
(2008 Farm Bill) (Pub. L. 110–246)
amended section 8c(17) of the Act,
which in turn required the addition of
supplemental rules of practice to 7 CFR
part 900 (73 FR 49307; August 21,
2008). The amendment of section 8c(17)
of the Act and the supplemental rules of
practice authorize the use of informal
rulemaking (5 U.S.C. 553) to amend
Federal fruit, vegetable, and nut
marketing agreements and orders. USDA
may use informal rulemaking to amend
marketing orders depending upon the
nature and complexity of the proposed
amendments, the potential regulatory
and economic impacts on affected
entities, and any other relevant matters.
The Agricultural Marketing Service
(USDA–AMS) considered the nature
and complexity of the proposed
amendments, the potential regulatory
and economic impacts on affected
entities, and other relevant matters, and
determined that amending the Order as
proposed by the Committee could
appropriately be accomplished through
informal rulemaking.
The Committee unanimously
recommended the amendments
following deliberations at two public
meetings held on November 1, 2018,
and February 27, 2019. This final rule
will amend the Order by changing the
Committee’s size, the length of term of
office, and quorum requirements.
A proposed rule and referendum
order was issued on February 14, 2020,
and published in the Federal Register
on February 21, 2020 (85 FR 10096).
That document also directed that a
referendum among Florida tomato
growers be conducted May 11, 2020,
through June 1, 2020, to determine
whether they favored the proposals. To
become effective, the amendments had
to be approved by either two-thirds of
the growers voting in the referendum or
by those representing at least two-thirds
of the volume of tomatoes produced by
those voting in the referendum.
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Federal Register / Vol. 85, No. 221 / Monday, November 16, 2020 / Rules and Regulations
The results of the referendum show
that 78 percent of the eligible producers
who voted and 91 percent of the volume
voted favored amendment number 1.
Also, 89 percent of the eligible
producers who voted and 98 percent of
the volume voted favored amendments
number 2 and 3. The producer vote met
the requirement of being favored by
two-thirds of the producers voting, or by
two-thirds of the volume voted in the
referendum for all three amendments.
Consequently, all three amendments
passed and will change the Committee’s
size, the length of term of office, and
quorum requirements.
Final Regulatory Flexibility Analysis
Pursuant to the requirements set forth
in the Regulatory Flexibility Act (RFA)
(5 U.S.C. 601–612), AMS has considered
the economic impact of this action on
small entities. Accordingly, AMS has
prepared this final regulatory flexibility
analysis.
The purpose of the RFA is to fit
regulatory actions to the scale of
businesses subject to such actions so
that small businesses will not be unduly
or disproportionately burdened.
Marketing orders issued pursuant to the
Act, and rules issued thereunder, are
unique in that they are brought about
through group action of essentially
small entities acting on their own
behalf.
There are approximately 75 producers
of Florida tomatoes in the production
area and 37 handlers subject to
regulation under the Order. Small
agricultural producers are defined by
the Small Business Administration
(SBA) as those having annual receipts
less than $1,000,000, and small
agricultural service firms are defined as
those whose annual receipts are less
than $30,000,000 (13 CFR 121.201).
According to industry and Committee
data, the average annual price for fresh
Florida tomatoes during the 2017–18
season was approximately $12.56 per
25-pound container, and total fresh
shipments were 25.9 million containers.
Using the average price and shipment
information, the number of handlers,
and assuming a normal distribution, the
majority of handlers have average
annual receipts of less than $30,000,000
($12.56 times 25.9 million containers
equals $325,304,000 divided by 37
handlers equals $8,792,000 per
handler).
With an estimated producer price of
$6.00 per 25-pound container, the
number of Florida tomato producers,
and assuming a normal distribution, the
average annual producer revenue is
above $1,000,000 ($6.00 times 25.9
million containers equals $155,400,000
divided by 75 producers equals
$2,072,000 per producer). Thus, the
majority of producers of Florida
tomatoes may be classified as large
entities.
The Committee unanimously
recommended the proposed
amendments at public meetings on
November 1, 2018, and February 27,
2019.
Since 1995, the number of producers
and handlers operating in the industry
has decreased, which makes it difficult
to find enough members to fill positions
on the Committee. Decreasing the
Committee’s size will make it more
reflective of today’s industry. No
economic impact is expected from these
amendments because they will not
establish any new regulatory
requirements on handlers, nor will they
have any assessment or funding
implications. There will be no change in
financial costs, reporting, or
recordkeeping requirements because of
this action.
Alternatives to this proposal,
including making no changes at this
time, were considered by the
Committee. Due to changes in the
industry, AMS believes the proposals
are justified and necessary to ensure the
Committee’s ability to locally
administer the program. Reducing the
size of the Committee will enable it to
satisfy membership and quorum
requirements fully, thereby ensuring a
more efficient and orderly flow of
business.
Paperwork Reduction Act
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the Order’s information
collection requirements have been
previously approved by OMB and
assigned OMB No. 0581–0178
(Vegetable and Specialty Crops). No
changes in those requirements are
necessary because of this action. Should
any changes become necessary, they
would be submitted to OMB for
approval.
This action will not impose any
additional reporting or recordkeeping
requirements on either small or large
Florida tomato handlers. As with all
Federal marketing order programs,
reports and forms are periodically
reviewed to reduce information
requirements and duplication by
industry and public-sector agencies.
AMS is committed to complying with
the E-Government Act, to promote the
use of the internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
USDA has not identified any relevant
Federal rules that duplicate, overlap, or
conflict with this action.
The Committee’s meetings were
widely publicized throughout the
Florida tomato production area. All
interested persons were invited to
attend the meetings and encouraged to
participate in Committee deliberations
on all issues. Like all Committee
meetings, the November 1, 2018, and
February 27, 2019, meetings were
public, and all entities, both large and
small, were encouraged to express their
views on the proposals.
A proposed rule concerning this
action was published in the Federal
Register on October 1, 2019 (84 FR
52042). Copies of the rule were mailed
or sent via facsimile to all Committee
members and Florida tomato handlers.
The proposed rule was made available
through the internet by USDA and the
Office of the Federal Register. A 60-day
comment period ending December 2,
2019, was provided to allow interested
persons to respond to the proposal. No
comments were received, so no changes
were made to the proposed
amendments.
A proposed rule and referendum
order was then issued on February 14,
2020, and published in the Federal
Register on February 21, 2020 (85 FR
10096). That document directed that a
referendum among Florida tomato
growers be conducted during the period
of May 11, 2020, through June 1, 2020,
to determine whether they favored the
proposed amendments to the Order. To
become effective, the amendments had
to be approved by at least two-thirds of
the growers voting, or two-thirds of the
volume of Florida tomatoes represented
by voters in the referendum. The results
show that 78 percent of the eligible
producers who voted and 91 percent of
the volume voted favored amendment
number 1. Also, 89 percent of the
eligible producers who voted and 98
percent of the volume voted favored
amendments number 2 and 3.
The producer vote met the
requirement of being favored by two-
thirds of the producers voting, or by
two-thirds of the volume voted in the
referendum for all three amendments.
All three amendments passed.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: http://www.ams.usda.gov/
rules-regulations/moa/small-businesses.
Any questions about the compliance
guide should be sent to Richard Lower
at the previously mentioned address in
the
FOR FURTHER INFORMATION CONTACT
section.
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1
This order shall not become effective unless and
until the requirements of §900.14 of the rules of
practice and procedure governing proceedings to
formulate marketing agreements and marketing
orders have been met.
Order Amending the Order Regulating
the Handling of Tomatoes Grown in
Florida
1
Findings and Determinations
(a) Findings and Determinations Upon
the Basis of the Rulemaking Record.
The findings hereinafter set forth are
supplementary to the findings and
determinations which were previously
made in connection with the issuance of
the Order; and all said previous findings
and determinations are hereby ratified
and affirmed, except insofar as such
findings and determinations may be in
conflict with the findings and
determinations set forth herein.
1. The Order, as amended, and as
hereby further amended, and all the
terms and conditions thereof, will tend
to effectuate the declared policy of the
Act;
2. The Order, as amended, and as
hereby further amended, regulates the
handling of tomatoes grown in Florida
in the same manner as, and is applicable
only to, persons in the respective classes
of commercial and industrial activity
specified in the Order;
3. The Order, as amended, and as
hereby further amended, is limited in
application to the smallest regional
production area which is practicable,
consistent with carrying out the
declared policy of the Act, and the
issuance of several orders applicable to
subdivisions of the production area
would not effectively carry out the
declared policy of the Act;
4. The Order, as amended, and as
hereby further amended, prescribes,
insofar as practicable, such different
terms applicable to different parts of the
production area as are necessary to give
due recognition to the differences in the
production and marketing of onions
produced in the production area; and
5. All handling of tomatoes produced
or packed in the production area as
defined in the Order is in the current of
interstate or foreign commerce or
directly burdens, obstructs, or affects
such commerce.
(b) Determinations.
It is hereby determined that:
1. The issuance of this amendatory
Order, amending the aforesaid Order, is
favored or approved by producers
representing at least two-thirds of the
volume of tomatoes produced by those
voting in a referendum on the question
of approval and who, during the period
of October 1, 2018, through September
31, 2019, have been engaged within the
production area in the production of
such tomatoes.
2. The issuance of this amendatory
Order advances the interests of growers
of tomatoes in the production area
pursuant to the declared policy of the
Act.
Order Relative To Handling
It is therefore ordered, that on and
after the effective date hereof, all
handling of tomatoes grown in Florida
shall be in conformity to, and in
compliance with, the terms and
conditions of the said Order as hereby
proposed to be amended as follows:
The provisions amending the Order
contained in the proposed rule issued
by the Administrator on September 23,
2019, and published in the Federal
Register (84 FR 52042) on October 1,
2019, will be and are the terms and
provisions of this order amending the
Order and are set forth in full herein.
List of Subjects in 7 CFR Part 966
Tomatoes, Marketing agreements,
Reporting and recordkeeping
requirements.
Bruce Summers,
Administrator, Agricultural Marketing
Service.
For the reasons set forth in the
preamble, 7 CFR part 966 is amended as
follows:
PART 966—TOMATOES GROWN IN
FLORIDA
1. The authority citation for 7 CFR
part 966 continues to read as follows:
Authority: 7 U.S.C. 601–674.
2. Revise § 966.22(a) to read as
follows:
§ 966.22 Establishment and membership.
(a) The Florida Tomato Committee,
consisting of 10 producer members, is
hereby established. For each member of
the committee there shall be an alternate
who shall have the same qualifications
as the member.
* * * * *
3. Revise § 966.23(a) to read as
follows:
§ 966.23 Term of office.
(a) The term of office of committee
members, and their respective
alternates, shall be for 2 years and shall
begin as of August 1 and end as of July
31.
* * * * *
4. Revise § 966.32(a) to read as
follows:
§ 966.32 Procedure.
(a) Six members of the committee
shall be necessary to constitute a
quorum and the same number of
concurring votes shall be required to
pass any motion or approve any
committee action.
* * * * *
[FR Doc. 2020–23590 Filed 11–13–20; 8:45 am]
BILLING CODE P
SMALL BUSINESS ADMINISTRATION
13 CFR Part 121
RIN 3245–AG94
Consolidation of Mentor-Prote
´ge
´
Programs and Other Government
Contracting Amendments; Correction
AGENCY
: U.S. Small Business
Administration.
ACTION
: Final rule; correction.
SUMMARY
: The U.S. Small Business
Administration (SBA) is correcting a
final rule that appeared in the Federal
Register on October 16, 2020. This rule
merged the 8(a) Business Development
(BD) Mentor-Prote
´ge
´Program and the
All Small Mentor-Prote
´ge
´Program to
eliminate confusion and remove
unnecessary duplication of functions
within SBA. This rule also eliminated
the requirement that 8(a) Participants
seeking to be awarded an 8(a) contract
as a joint venture submit the joint
venture agreement to SBA for review
and approval prior to contract award,
revised several 8(a) BD program
regulations to reduce unnecessary or
excessive burdens on 8(a) Participants,
and clarified other related regulatory
provisions to eliminate confusion
among small businesses and procuring
activities. In addition, in response to
public comment, the rule required a
business concern to recertify its size
and/or socioeconomic status for all set-
aside orders under unrestricted multiple
award contracts, unless the contract
authorized limited pools of concerns for
which size and/or status was required.
This document is making three
technical corrections to the final rule.
DATES
: Effective November 16, 2020.
FOR FURTHER INFORMATION CONTACT
:
Mark Hagedorn, U.S. Small Business
Administration, Office of General
Counsel, 409 Third Street SW,
Washington, DC 20416; (202) 205–7625;
mark.hagedorn@sba.gov.
SUPPLEMENTARY INFORMATION
: In FR Doc.
2020–19428, appearing on page 66146
in the Federal Register of Friday,
October 16, 2020, the following
corrections are made:
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