94-21714. Papayas Grown in Hawaii; Proposed Rule to Change the Membership of the Papaya Administrative Committee  

  • [Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
    [Proposed Rules]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-21714]
    
    
    [[Page Unknown]]
    
    [Federal Register: September 2, 1994]
    
    
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    Proposed Rules
                                                    Federal Register
    ________________________________________________________________________
    
    This section of the FEDERAL REGISTER contains notices to the public of 
    the proposed issuance of rules and regulations. The purpose of these 
    notices is to give interested persons an opportunity to participate in 
    the rule making prior to the adoption of the final rules.
    
    ========================================================================
    
    
    Federal Register / Vol. 59, No. 170 / Friday, September 2, 1994 / 
    Proposed Rules
    DEPARTMENT OF AGRICULTURE
    
    Agricultural Marketing Service
    
    7 CFR Part 928
    
    [Docket No. FV94-928-4PR]
    
     
    
    Papayas Grown in Hawaii; Proposed Rule to Change the Membership 
    of the Papaya Administrative Committee
    
    AGENCY: Agricultural Marketing Service, USDA.
    
    ACTION: Proposed rule.
    
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    SUMMARY: This proposed rule would change the membership of the Papaya 
    Administrative Committee (committee), the agency responsible for local 
    administration of the Hawaiian papaya marketing order. This proposal 
    would increase the number of grower members on the committee from six 
    to nine and reduce the number of handler members from six to three. The 
    number of growers in the industry has increased in recent years, during 
    the same period the number of handlers has remained constant.
    
    DATES: Comments must be received by October 3, 1994.
    
    ADDRESSES: Interested persons are invited to submit written comments 
    concerning this proposed rule. Comments must be sent in triplicate to 
    the Docket Clerk, Marketing Order Administration Branch, F&V, AMS, 
    USDA, Room 2523-S, P.O. Box 96456, Washington, DC 20090-6456; FAX: 202-
    720-5698. Comments should reference this docket number, and the date 
    and page number of this issue of the Federal Register and will be made 
    available for public inspection in the Office of the Docket Clerk 
    during regular business hours.
    
    FOR FURTHER INFORMATION CONTACT: Charles L. Rush, Marketing Order 
    Administration Branch, Fruit and Vegetable Division, AMS, USDA, P.O. 
    Box 96456, Room 2526-S, Washington, DC 20090-6456; telephone (202) 690-
    3670; or Martin J. Engeler, Assistant Officer-In-Charge, California 
    Marketing Field Office, Fruit and Vegetable Division, AMS, USDA, 2202 
    Monterey Street, Suite 102B, Fresno, California 93721; telephone (209) 
    487-5901.
    
    SUPPLEMENTARY INFORMATION: This proposed rule is issued under Marketing 
    Order No. 928 (7 CFR Part 928), as amended, regulating the handling of 
    papayas grown in Hawaii, 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 of Agriculture (Department) is issuing this rule in 
    conformance with Executive Order 12866.
        This proposed rule has been reviewed under Executive Order 12778, 
    Civil Justice Reform. This rule is not intended to have retroactive 
    effect. 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 608c(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 an exemption 
    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 impact of this rule on small entities.
        The purpose of the RFA is to fit regulatory rules to the scale of 
    business subject to such rules 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 120 papaya handlers subject to regulation 
    under the marketing order covering fresh papayas grown in Hawaii, and 
    approximately 400 producers of papayas in Hawaii. 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 as those whose annual receipts are 
    less than $5,000,000. A majority of these handlers and producers may be 
    classified as small entities.
        Pursuant to Sec. 928.120, the committee currently consists of 13 
    members. Each member has an alternate. Six members are growers, six are 
    handlers, and one is a public member. The six handler members and 
    alternates are nominated from the production area at large. Grower 
    membership on the committee is apportioned among three districts. 
    District 1 (the Island of Hawaii) is represented by four members and 
    alternates, and District 2 (the Islands of Kauai, Niihau, Maui, 
    Molakai, Lanai, Kahoolawe; and Kalawao county), and District 3 (the 
    Island of Oahu) by one member and alternate each. Any grower 
    organization is limited to two members on the committee. Any handler 
    organization is limited to one member on the committee.
        Section 928.20 also allows the number of grower and handler members 
    and alternate members on the committee and the composition of the 
    committee between growers and handlers to be changed as provided in 
    Sec. 928.31(o). Paragraph (o) of Sec. 928.31 also authorizes the 
    committee, with the approval of the Secretary, to redefine the 
    districts into which the production area is divided, reapportion 
    membership on the committee. Any such changes are required to reflect, 
    insofar as practicable, structural changes within the industry and 
    shifts in papaya production within the production area.
        This rule would change the composition of the committee by 
    increasing grower representation on the committee from six grower 
    members to nine and reducing handler representation from six members to 
    three. This change was recommended by the committee on April 22, 1994, 
    by a vote of 7 in favor, 3 opposed, and 2 abstentions.
        The papaya industry has historically demonstrated a policy of 
    maintaining equitable representation among handlers and growers. In 
    1989, committee membership was changed by allocating three grower 
    member positions from District 1 to handlers in the State of Hawaii. 
    This resulted in an increase from three to six handler members and a 
    decrease in grower members from District 1 from seven to four. The 
    committee indicated that the number of growers in the industry has 
    increased from 325 to 400 since 1989, while the number of handlers has 
    remained constant. The committee contends that these factors support 
    their recommendation to change committee membership. This action is 
    intended to provide increased grower representation on the committee 
    consistent with the increased number of growers. This rule would not 
    impose any additional costs on growers or handlers.
        Members supporting this change stated that the marketing order is 
    designed to primarily benefit growers and for that reason growers 
    should have a majority on the committee. Members supporting the 
    recommendation also stated that this change would increase growers' 
    influence in matters concerning amendments to the marketing order, and 
    market research and development and promotion activities. The majority 
    of that increase occurred in District 1. Members opposed to the change 
    in the current committee membership stated that the marketing order 
    should benefit the entire industry, and believe the current composition 
    of the committee provides a good balance for the industry.
        The committee indicated that the increase in the number of growers 
    producing papayas in District 1, justified increasing from four to 
    seven the number of growers representing District 1 on the committee. 
    Committee members supporting this change contend that the vast majority 
    of growers and the highest level of papaya production are located in 
    District 1. District 1 is expected to produce 55.6 million pounds 
    during the 1993-94 season. Over the last four years District 1 has had 
    an average annual production of 54.1 million pounds of papayas. For the 
    same period District 2 has an average production of 760,000 pounds, and 
    District 3 has an average production of 1,020,000 pounds of papayas.
        Based on the available information, the Administrator of the AMS 
    has determined that this proposed rule would not have a significant 
    economic impact on a substantial number of small entities.
    
    List of Subjects in 7 CFR Part 928
    
        Marketing agreements, Papayas, Reporting and recordkeeping 
    requirements.
    
        For the reasons set forth in the preamble, 7 CFR Part 928 is 
    proposed to be amended as follows:
    
    PART 928--PAPAYAS GROWN IN HAWAII
    
        1. The authority citation for 7 CFR Part 928 continues to read as 
    follows:
    
        Authority: 7 U.S.C. 601-674.
    
        2. Section 928.120 is revised to read as follows:
    
    
    Sec. 928.120  [Amended]
    
        The Papaya Administrative Committee shall consist of 13 members and 
    alternate members. Nine of the members shall represent growers, and 
    three shall represent handlers. Seven grower members and their 
    alternates shall represent District 1, one grower member and alternate 
    shall represent District 2, and one grower member and alternate shall 
    represent District 3. No grower organization shall have more than two 
    members on the committee. The three handler members shall be nominated 
    from the production area at large. No handler organization is permitted 
    to have more than one handler member on the committee. One voting 
    public member and alternate shall also be included on the committee. 
    The eligibility requirements and nomination procedures for the public 
    member and alternate are specified in Sec. 928.122.
    
        Dated: August 29, 1994.
    Martha B. Ransom,
    Acting Deputy Director, Fruit and Vegetable Division.
    [FR Doc. 94-21714 Filed 9-1-94; 8:45 am]
    BILLING CODE 3410-02-P
    
    
    

Document Information

Published:
09/02/1994
Department:
Agricultural Marketing Service
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
94-21714
Dates:
Comments must be received by October 3, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: September 2, 1994, Docket No. FV94-928-4PR
CFR: (2)
7 CFR 928.31(o)
7 CFR 928.120