[Federal Register Volume 61, Number 173 (Thursday, September 5, 1996)]
[Rules and Regulations]
[Pages 46701-46703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22661]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
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Federal Register / Vol. 61, No. 173 / Thursday, September 5, 1996 /
Rules and Regulations
[[Page 46701]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 911 and 915
[Docket No. FV95-911-2 FIR]
Limes and Avocados Grown in Florida; Suspension of Certain Volume
Regulations and Reporting Requirements
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule; suspension.
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SUMMARY: The Department of Agriculture (Department) is adopting as a
final rule, without change, the provisions of an interim final rule to
suspend indefinitely certain volume regulation provisions of the
marketing order covering limes grown in Florida. This rule indefinitely
suspends the pack-out reporting requirements for the marketing orders
covering limes and avocados grown in Florida. The marketing orders
regulate the handling of limes and avocados grown in Florida and are
administered by the Florida Lime Administrative Committee and the
Avocado Administrative Committee, respectively. These provisions are
not needed due to reduced Florida lime and avocado production. This
rule will also reduce handler reporting burdens for both marketing
orders.
EFFECTIVE DATE: October 7, 1996.
FOR FURTHER INFORMATION CONTACT: Caroline C. Thorpe, Marketing Order
Administration Branch, Fruit and Vegetable Division, AMS, USDA, P.O.
Box 96456, room 2522-S, Washington, DC 20090-6456; telephone: 202-720-
5127; or Aleck J. Jonas, Southeast Marketing Field Office, USDA/AMS,
P.O. Box 2276, Winter Haven, Florida 33883; telephone: 813-299-4770.
Small businesses may request information on compliance with this
regulation by contacting: Jay Guerber, Marketing Order Administration
Branch, Fruit and Vegetable Division, AMS, USDA, P.O. Box 96456, room
2523-S, Washington, DC 20090-6456; telephone (202) 720-2491; Fax #
(202) 720-5698.
SUPPLEMENTARY INFORMATION: This final rule 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 Agreements and Marketing Orders No. 911 (7
CFR Part 911) and No. 915 (7 CFR Part 915) regulating the handling of
limes grown in Florida and avocados grown in South Florida,
respectively. These agreements and orders are effective under the Act.
The Department is issuing this rule in conformance with Executive
Order 12866.
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. It is intended that this rule will be applicable for
the entire 1996 fiscal year which began April 1, 1996, and will
continue until amended, suspended, or terminated. 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. 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 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 10 Florida lime handlers subject to regulation
under the marketing order covering limes grown in Florida, and about 30
lime producers in Florida. Also, there are approximately 35 handlers of
avocados and approximately 95 producers in the regulated area. 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 $5,000,000. A majority of
these handlers and producers may be classified as small entities.
This rule continues to suspend indefinitely volume regulation
provisions of the Florida lime marketing order. These provisions
permitted the collection of information from handlers so that the
Florida Lime Administrative Committee (FLAC) could recommend to the
Department that lime volume regulations be issued, when and if needed.
FLAC determined that volume regulations will not be needed in the near
future because of reduced production due to hurricane damage in 1992.
Thus, the Department has determined such information will not be
needed. This rule also suspends indefinitely certain reporting
requirements under the Florida lime and avocado marketing orders. This
rule is a relaxation in regulations which reduces handler reporting
burdens, resulting in lower industry costs under both marketing orders.
Thus, the Agricultural Marketing Service (AMS) has determined that this
rule will not have a significant economic impact on a substantial
number of small businesses.
The FLAC met on December 13, 1995, and unanimously recommended a
two year suspension of their lime volume regulations and pack-out
reporting requirements. However, the Department revised the FLAC
recommendation by suspending both of these requirements
[[Page 46702]]
indefinitely. The Department determined that since volume regulations
have not been implemented for at least the past five years and lime
production has been reduced to low levels, these regulations should be
suspended indefinitely. The Department does not anticipate that such
regulations will be needed in the near future.
Also, the Avocado Administrative Committee (AAC) met on January 10,
1996, and recommended indefinite suspension of their pack-out reporting
requirements.
The initial suspension of Secs. 911.53-59 and 911.111 of the lime
marketing order volume regulations and pack-out reporting requirements
was published in the Federal Register (59 FR 13429, March 22, 1994) and
remained in effect through March 31, 1996. Also, the previous
suspension of Sec. 915.150 paragraph (d) of the avocado marketing order
pack-out reporting requirements was published in the Federal Register
(59 FR 30866, June 16, 1994) and remained in effect through March 31,
1996.
An interim final rule was issued on April 16, 1996, to extend the
suspension indefinitely. That rule was published in the Federal
Register (61 FR 17551, April 22, 1996), with an effective date of April
1, 1996. That rule provided a 30-day comment period which ended May 22,
1996. No comments were received.
Sections 911.53-59 (7 CFR 911.53-59) of the lime marketing order
cover volume regulations and were used by FLAC to collect and maintain
information from handlers, so that it could recommend to the Department
that lime volume regulations be issued, when and if needed. FLAC
determined that volume regulations will not be needed in the near
future, and thus such information will not be needed because of reduced
production due to hurricane damage in 1992.
Concerning pack-out reporting requirements, both FLAC and AAC
recommended suspension of their pack-out reporting requirements.
Section 911.111 (7 CFR 911.111) and Sec. 915.150 (7 CFR 915.150)
contain provisions requiring Florida handlers to file certain reports
with either the FLAC or the AAC concerning their Florida lime and
avocado shipments, respectively. This rule continues the suspension of
these provisions since information collected under these provisions is
not needed because lime and avocado production is so low. These
provisions would require handlers to furnish information on types and
numbers of containers of limes and avocados they pack each day.
Sufficient information from other sources is available to meet the
committees' needs during future seasons. Information needed for the
committees' operations, marketing policies, and compliance is available
from inspection certificates collected on a daily basis by committee
staff. These resources are used to collect such information. Low lime
and avocado production has also resulted in a substantial reduction of
both committees' staff and a reduction of assessment income. Thus, the
continuation of the suspension will reduce administrative costs and
work load.
These continued suspensions are a result of damage to the lime and
avocado groves caused by Hurricane Andrew in August 1992. For limes,
Hurricane Andrew reduced production acreage from approximately 6,500
acres to approximately 1,500 acres with many non-producing trees in the
remaining acreage. Production in the 1991-92 season was 1,682,677
bushels. In the 1992-93 season, production prior to the hurricane was
1,146,000 bushels. After the hurricane, in the 1993-94 season,
production fell to 228,455 bushels and in the 1994-95 season, it was
283,977 bushels. This was well below the levels reached prior to the
hurricane.
For avocados, Hurricane Andrew reduced production acreage from
approximately 9,000 acres to less than 6,000 acres with many non-
producing trees in the remaining acreage. Production in the 1991-92
season was 1,110,105 bushels. In the 1992-93 season, production fell to
283,000 bushels and in the 1993-94 season it was 174,712 bushels.
Although the 1994-95 season recovered to 778,951 bushels, it is well
below the levels reached prior to the hurricane.
Therefore, this action reflects the committees' and the
Department's appraisal of the need to continue the suspension of
certain volume regulations and pack-out reporting requirements under
the orders, as specified. This rule finalizes the interim final rule
that indefinitely suspended certain reporting requirements for Florida
limes and avocados, and lessens the overall reporting and recordkeeping
burden under the orders. The Department's view is that this continued
suspension will have a beneficial impact on Florida lime and avocado
producers and handlers, since it lessens the reporting burden on
handlers and will reduce the committees' expenses incurred under the
orders.
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 Numbers
0581-0091 and 0581-0078 for limes and avocados respectively.
This final rule continues to indefinitely suspend the annual
reporting burden currently estimated at 210.4 hours for all regulated
Florida lime handlers to: (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.
This final rule continues to indefinitely suspend the annual
reporting burden currently estimated at 62 hours for all regulated
Florida avocado handlers who file Avocado Handler Daily Size Report
Forms. The Supplementary Information section of the interim final rule
published on April 22, 1996 (61 FR 17551) indicated that the Avocado
Weekly Report Form was also being discontinued. That statement was in
error. Only paragraph (d) of section 915.150 Reports of the avocado
marketing order's rules and regulations was suspended. Paragraph (a) of
that section, which pertains to the weekly report, was not suspended.
After consideration of all relevant matter presented, the
information and recommendations submitted by the committees, and other
information, it is found that the provisions as they appeared in the
interim rule, as published in the Federal Register (61 FR 17551, April
22, 1996), and as finalized herein no longer tend to effectuate the
declared policy of the Act.
List of Subjects
7 CFR Part 911
Limes, Marketing agreements, Reporting and recordkeeping
requirements.
7 CFR Part 915
Avocados, Marketing agreements, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR parts 911 and 915
are amended as follows:
PART 911--LIMES GROWN IN FLORIDA
Accordingly, the interim final rule amending 7 CFR part 911 which
was published at 61 FR 17551 on April 22, 1996, is adopted as a final
rule without change.
PART 915--AVOCADOS GROWN IN SOUTH FLORIDA
Accordingly, the interim final rule amending 7 CFR part 915 which
was
[[Page 46703]]
published at 61 FR 17551 on April 22, 1996, is adopted as a final rule
without change.
Dated: August 29, 1996.
Terry L. Medley,
Acting Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 96-22661 Filed 9-04-96; 8:45 am]
BILLING CODE 3410-02-P
