[Federal Register Volume 60, Number 67 (Friday, April 7, 1995)]
[Rules and Regulations]
[Pages 17633-17634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8615]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 918
[Docket No. FV95-918-1]
Suspension of Provisions of Marketing Order 918; Fresh Peaches
Grown in Georgia
agency: Agricultural Marketing Service, USDA.
action: Suspension order.
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summary: This rule is a continuation of a suspension order that
suspends, for two additional fiscal years, effective March 1, 1995,
through February 28, 1997, all provisions of Federal Marketing Order
No. 918 for fresh peaches grown in Georgia (order), and the rules and
regulations issued thereunder. This rule is the result of a
recommendation for continued suspension made by trustees of the Georgia
Peach Industry Committee (trustees). The trustees' recommendation was
based upon the belief that a State program, which is currently active
in market promotion and merchandising for the Georgia peach industry,
could provide the quality, maturity, and size regulations that were in
effect under the Federal order, and would result in more efficient use
of industry funds. The trustees believe more time is needed to study
changes in the industry, and any new developments which could affect
the need for, or status of, the order.
effective date: March 1, 1995, through February 28, 1997.
for further information contact: William Pimental, Southeast Marketing
Field Office, 301 3rd St., NW., suite 201, Winter Haven, Florida 33883-
2276, telephone 813-299-4770, or Mark Kreaggor, Marketing Order
Administration Branch, Fruit and Vegetable Division, AMS, USDA, P.O.
Box 96456, room 2525-S, Washington, DC 20090-6456, telephone 202-720-
2431.
supplementary information: This rule is issued under Marketing
Agreement and Order No. 918 (7 CFR part 918) regulating the handling of
peaches grown in Georgia. The marketing agreement and 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
suspension action is being taken under the provisions of section
8c(16)(A) of the Act.
The Department of Agriculture (Department) is issuing this rule in
conformance with Executive Order 12866.
This rule has been reviewed under Executive Order 12778, Civil
Justice Reform. This rule is a continuation of a suspension order than
suspends, effective March 1, 1995, through February 28, 1997, all
provisions of the marketing order and the rules and regulations issued
thereunder. This rule will not preempt any State or local laws,
regulations, or policies, unless they present an irreconcilable
conflict with this rule.
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. Such 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 as 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 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 approximately 20 handlers of Georgia peaches and
approximately 150 peach producers. 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. Small agricultural
service firms are defined as those whose annual receipts are less than
$5,000,000. The majority of these handlers and producers may be
classified as small entities.
Marketing Order 918 has been in effect since 1942. The order
provides for the establishment of grade, size, quality, maturity,
container and inspection requirements. In addition, the order
authorizes production research and marketing research and development
projects. It also provides for reporting and recordkeeping requirements
on affected handlers. The production and marketing season runs from
early March through late July.
The Georgia Peach Industry Committee members met on November 14,
1992, and unanimously recommended suspension of the marketing order at
the end of the 1992-93 fiscal period. The recommendation was made to
eliminate the expense of administering the marketing order. The
members' recommendation was based on the belief that the quality,
maturity, and size standards that were in effect under the order could
be implemented under a State program that concurrently conducted market
promotion activities for the Georgia peach industry. The members
believed that by transferring all functions to a single program,
industry funds would be used more efficiently. While the Federal order
authorizes marketing research and development projects, these
activities had been carried out under the authority of the State
program for several years. The order also authorizes container
requirements and production research, but these provisions had been
inactive for many years.
The committee members recommended suspension, not termination, of
the marketing order to allow the industry an opportunity to review the
effectiveness of operating under only a State program. If problems
developed, the committee members wanted the industry to have the
alternative of reactivating the Federal marketing order.
During the suspension period, all nine committee members (not
including alternates) served as trustees for the Georgia Peach Industry
Committee.
The trustees met on November 17, 1994, and unanimously recommended
extending the suspension of the marketing order for two additional
years. The trustees' recommendation was based on the belief that
extending the suspension for two more years will provide the industry
with further opportunity to study changes and any new developments
which could affect [[Page 17634]] the need for, or status of, the
current order.
The trustees also voted for suspension rather than termination,
because they wanted to avoid the complexity of putting together a
completely new marketing order; as opposed to amending the existing
marketing order should the industry find it in its interest to resume
the program.
In addition, the suspension will lower the administrative and
inspection costs under the marketing order.
The industry will have the opportunity to continue monitoring the
effectiveness of the State program, without Federal marketing order
regulations in effect, an additional two marketing seasons. A meeting
will be held prior to January 1997 to again discuss reactivating or
terminating the marketing order. The current trustees will continue to
serve in their capacity during the suspension.
Thus, it is determined that Federal Marketing Order N. 918, and the
rules and regulations issued thereunder, do not tend to effectuate the
declared policy of the Act. This rule suspends, from March 1, 1995,
through February 28, 1997, provisions of Federal Marketing Order No.
918, and the rules and regulations issued thereunder, including, but
not limited to, the:
(1) Provisions of the order dealing with the establishment and
responsibilities of the committee and the administration of the order;
(2) The quality, size, maturity, and inspection requirements;
(3) The administrative rules and regulations related to exempt
shipments; and
(4) Information collection and reporting requirements [In
compliance with the Paperwork Reduction Act of 1980 (44 U.S.C. chapter
35), such requirements have been approved by the Office of Management
and Budget and assigned OMB Control No. 0581-0135].
The Secretary has determined that, during the suspension period,
those persons serving as committee members prior to the suspension (not
including alternates) will continue to serve as trustees to oversee the
administrative affairs of the order. The trustees are responsible for
safeguarding program assets and holding committee records. All such
actions by the trustees during the period of suspension are subject to
the approval of the Secretary. Those designated as trustees are Mr.
Robert Dickey III, Mr. Jeff Wainwright, Mr. W.H. Davidson III, Mr. Al
Pearson, Mr. Bobby Lane, Mr. Emory Alexander, Mr. William W. Drew, Mr.
Howard Lawson, and Mr. Stephen C. Meyers. The trustees shall continue
in their capacity until discharged by the Secretary.
When a final determination is made regarding the order, any
remaining funds will be used or disbursed in accord with the
appropriate order provisions.
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.
It is found and determined, upon good cause, that it is
impracticable, unnecessary, and contrary to the public interest to give
preliminary notice or to engage in further public procedure with
respect to this action and that good cause exists for not postponing
the effective date of this rule until 30 days after publication in the
Federal Register because: (1) This action suspends restrictions on
handlers by continuing the suspension of the requirements regulating
the handling of peaches pursuant to Marketing Order No. 918; (2)
handlers are aware of this action, which was discussed and recommended
at a public meeting held by the trustees; and (3) no useful purpose
would be served by delaying the continued suspension of the marketing
order.
List of Subjects in 7 CFR Part 918
Marketing Agreements, Peaches, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, under the authority of 7
U.S.C. 601-674 (7 CFR Part 918), and all provisions therein, is
suspended effective March 1, 1995, through February 28, 1997.
Dated: March 31, 1995.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 95-8615 Filed 4-6-95; 8:45 am]
BILLING CODE 3410-02-M
