[Federal Register Volume 59, Number 55 (Tuesday, March 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6651]
Federal Register / Vol. 59, No. 55 / Tuesday, March 22, 1994 /
[[Page Unknown]]
[Federal Register: March 22, 1994]
VOL. 59, NO. 55
Tuesday, March 22, 1994
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 911
[Docket No. FV94-911-1-IFR]
Limes Grown in Florida; Temporary Suspension of Volume Regulation
and Pack-Out Reporting Provisions
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule with request for comments; suspension.
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SUMMARY: This document temporarily suspends for the next two seasons
certain volume regulation and pack-out reporting requirement provisions
under the marketing order for fresh limes grown in Florida. These
provisions will not be needed during the next two seasons due to
reduced Florida lime production.
DATES: The suspension becomes effective March 22, 1994 through March
31, 1996. Comments which are received by April 21, 1994, will be
considered prior to issuance of any final action.
ADDRESSES: Interested persons are invited to submit written comments
concerning this action to: Docket Clerk, Fruit and Vegetable Division,
AMS, USDA, P.O. Box 96456, room 2523-S, Washington, DC 20090-6456.
Three copies of all written material shall be submitted, and they will
be made available for public inspection at the office of the Docket
Clerk during regular business hours. All comments should reference the
docket number, date, and page number of this issue of the Federal
Register.
FOR FURTHER INFORMATION CONTACT: Gary D. Rasmussen, Marketing Order
Administration Branch, Fruit and Vegetable Division, AMS, USDA, P.O.
Box 96456, room 2523-S, Washington, DC 20090-6456; telephone: 202-720-
5331; or Aleck J. Jonas, Southeast Marketing Field Office, USDA/AMS,
P.O. Box 2276, Winter Haven, Florida 33883; telephone: 813-299-4770.
SUPPLEMENTARY INFORMATION: This action is issued under the provisions
of section 8c(16)(A) of the Agricultural Marketing Agreement Act of
1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the
Act; and of Marketing Agreement and Marketing Order No. 911 (7 CFR part
911) regulating the handling of limes grown in Florida, hereinafter
referred to as the order. This 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 Department is issuing this rule in conformance with Executive
Order 12866.
This action has been reviewed under Executive Order 12778, Civil
Justice Reform. This action is not intended to have retroactive effect.
This action will not preempt any state or local laws, regulations, or
policies, unless they present an irreconcilable conflict with this
action.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 8c(15)(A) of the
Act, any handler subject to an order may file with the Secretary 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 requesting 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, the Secretary 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 in equity to review the
Secretary's ruling on the petition, provided a bill in equity is filed
not later than 20 days after the date of the entry of the ruling.
Pursuant to the requirements set forth in the Regulatory
Flexibility Act (RFA), the Administrator of the Agricultural Marketing
Service (AMS) has considered the economic impact of this action on
small entities.
The purpose of the RFA is to fit regulatory actions to the scale of
business subject to such actions in order 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. Thus, both statutes have small
entity orientation and compatibility.
There are about 20 Florida lime handlers subject to regulation
under the marketing order covering limes grown in Florida, and about 25
lime producers in Florida. Small agricultural producers have been
defined by the Small Business Administration (13 CFR 121.601) as those
having annual receipts of less than $500,000, and small agricultural
service firms are defined as those whose annual receipts are less than
$3,500,000. A majority of these handlers and producers may be
classified as small entities.
The Florida Lime Administrative Committee (committee) unanimously
recommended this suspension. The committee meets prior to and during
each season to review the rules and regulations effective on a
continuous basis for limes regulated under this order. Committee
meetings are open to the public, and interested persons may express
their views at these meetings. The Department reviews committee
recommendations and information, as well as information from other
sources, and determines whether modification, suspension, or
termination of the rules and regulations would tend to effectuate the
declared policy of the Act.
Sections 911.53-59 (7 CFR 911.53-59) of the order contain
provisions pertaining to the issuance of volume regulations for fresh
limes grown in Florida. This action suspends such provisions upon
publication in the Federal Register through March 31, 1996. The
committee collects information from handlers and maintains such
information under these order provisions, so that it is in a position
to recommend to the Department that lime volume regulations be issued,
when and if needed. The committee has determined that volume
regulations will not be needed during the next two seasons, and, thus,
there is no need for such information at the present time. Such volume
regulations will not be needed, because lime production in Florida is
down considerably due to hurricane damage to the lime groves in 1992.
Further, lower lime production has resulted in reduced assessment
collections, necessitating a reduction in committee administrative
costs and staff.
Section 911.111 (7 CFR 911.111) contains provisions requiring
Florida handlers to file certain reports with the committee on their
fresh Florida lime shipments. This action suspends such provisions upon
publication in the Federal Register through March 31, 1996, since
information collected under these provisions is not needed when lime
production is so low. These provisions would require handlers to
furnish the committee information on types and number of containers of
limes they pack each day. Sufficient information from other sources
will be available to meet committee needs during the next two seasons.
Information needed for committee operations, marketing policies, and
compliance is available from inspection certificates collected on a
daily basis by committee staff.
This suspension ends on March 31, 1996, since Florida lime
production is expected to have recovered by that time and the volume
regulation and reporting requirement provisions may then be needed. The
committee reports that its staff and assessment income have been
reduced substantially, and that this suspension will help reduce its
administrative costs and work load.
This action reflects the committee's and the Department's appraisal
of the need to suspend certain volume regulation and pack-out reporting
provisions under the order, as specified. Such suspension temporarily
removes certain reporting requirements on the part of Florida lime
handlers, and lessens the overall reporting and recordkeeping burden
under the order. The Department's view is that this suspension has a
beneficial impact on Florida lime producers and handlers, since it
lessens the reporting burden on handlers and committee expenses
incurred under the order.
Based on the above, the Administrator of the AMS has determined
that this action will not have a significant economic impact on a
substantial number of small entities.
The information collection requirements have been previously
approved by the Office of Management and Budget (OMB) under the
provisions of 44 U.S.C. chapter 35 and have been assigned OMB Number
0581-0091. This action temporarily suspends the annual reporting burden
currently estimated at 210.4 hours for all Florida lime handlers who:
(1) apply for a prorate base and allotment; (2) report daily the
percentages, by size category, of the limes packed by them; and (3)
report daily the number of containers of limes sold and delivered by
them within the State of Florida.
After consideration of all relevant matter presented, the
information and recommendations submitted by the committee, and other
information, it is found that the provisions detailed below, at this
time, do not tend to effectuate the declared policy of the Act.
It is also found and determined, upon good cause, that it is
impracticable, unnecessary and contrary to the public interest to give
preliminary notice prior to putting this action into effect, and that
good cause exists for not postponing the effective date of this action
until 30 days after publication in the Federal Register because: (1)
This action relieves restrictions by temporarily suspending certain
volume regulation and pack-out reporting provisions under the order for
fresh limes grown in Florida; (2) Florida lime handlers are aware of
this suspension which was unanimously recommended by the committee at a
public meeting, and they will need no additional time to comply; (3)
Florida fresh lime shipments are currently in progress, and they are
expected to continue throughout the entire year; (4) such requirements
need to be suspended promptly, so they are of maximum benefit to
handlers and the committee; and (5) the suspension provides a 30-day
comment period, and any comments received will be considered prior to
any finalization of this interim final action.
List of Subjects in 7 CFR Part 911
Limes, Marketing agreements, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR part 911 is
amended as follows:
PART 911--[SUSPENDED IN PART]
1. The authority citation for 7 CFR part 911 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
2. In part 911, Secs. 911.53 through 911.59 and Sec. 911.111 are
suspended effective March 22, 1994 through March 31, 1996.
Dated: March 16, 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Service.
[FR Doc. 94-6651 Filed 3-21-94; 8:45 am]
BILLING CODE 3410-02-P
