[Federal Register Volume 63, Number 196 (Friday, October 9, 1998)]
[Proposed Rules]
[Pages 54382-54383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27178]
========================================================================
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. 63, No. 196 / Friday, October 9, 1998 /
Proposed Rules
[[Page 54382]]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 967
[Docket No. FV98-967-1 PR]
Celery Grown in Florida; Proposed Termination of Marketing Order
No. 967
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposal invites comments on the termination of the
Federal marketing order regulating the handling of celery grown in
Florida (order) and the rules and regulations issued thereunder. The
Florida celery industry has not operated under the order since its
provisions were suspended January 12, 1995. The celery industry has
experienced a loss of market share, a significant reduction in the
number of producers and handlers has diminished the need for regulating
Florida celery, and there is no industry support for reactivating the
order. Therefore, there is no need to continue this order.
DATES: Comments must be received by December 8, 1998.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposal. Comments must be sent to the Docket Clerk,
Fruit and Vegetable Programs, AMS, USDA, room 2525-S, P.O. Box 96456,
Washington, DC 20090-6456, Fax: (202) 205-6632; or E-mail:
moabdocket__clerk@usda.gov. All comments should reference the 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: Doris Jamieson, Southeast Marketing
Field Office, AMS, USDA, P.O. Box 2276, Winter Haven, Florida 33883-
2276; telephone (941) 299-4770, Fax: (941) 299-5169; or Anne M. Dec,
Marketing Order Administration Branch, Fruit and Vegetable Programs,
AMS, USDA, room 2525-S, P.O. Box 96456, Washington, DC 20090-6456;
telephone (202) 720-2491, Fax: (202) 205-6632. Small businesses may
request information on compliance with this regulation by contacting
Jay Guerber, Marketing Order Administration Branch, Fruit and Vegetable
Programs, AMS, USDA, P.O. Box 96456, room 2525-S, Washington, DC 20090-
6456, telephone (202) 720-2491, Fax: (202) 205-6632.
SUPPLEMENTARY INFORMATION: This proposal is governed by provisions of
Sec. 608(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
Sec. 967.85 of the order.
The Department of Agriculture (Department) is issuing this rule in
conformance with Executive Order 12866.
This proposal has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule is not intended to have retroactive effect.
This proposal 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 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 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 to review the Secretary's
ruling on the petition, provided an action is filed not later than 20
days after the date of the entry of the ruling.
This proposed rule would terminate the order regulating the
handling of celery grown in Florida. Sections 967.85 and 967.86 of the
order contain the authority and procedures for termination.
The order was initially established in 1965 to help the industry
solve specific marketing problems and maintain orderly marketing
conditions. It was the responsibility of the Florida Celery Committee
(committee), the agency established for local administration of the
marketing order, to periodically investigate and assemble data on the
growing, harvesting, shipping, and marketing conditions of Florida
celery. The committee tried to achieve orderly marketing and improve
acceptance of Florida celery through the establishment of volume
regulations and promotion activities.
The Florida celery industry has not operated under the marketing
order for three years. The order and all of its accompanying rules and
regulations were suspended January 12, 1995, through December 31, 1997
(60 FR 2873). Regulations have not been applied under the order since
that time, and no committee has been appointed since then.
In 1965, when the marketing order was issued, there were over 41
producers of Florida celery. The earliest handling figures available
indicate that in 1983 there were 11 handlers. As of the date of
suspension of the order (January 12, 1995), there were six handlers of
Florida celery who were subject to regulation under the marketing order
and five celery producers within the production area. Currently, there
is one producer who is also a handler.
When the order was suspended, all of the committee members and
their alternates were named as trustees to oversee the administrative
affairs of the order. The Department attempted to contact as many of
these trustees as it could with respect to the need for reinstating the
marketing order. All of the individuals contacted (10 of the 18
trustees) were in favor of terminating the order. We believe that there
is no justification for continuing the current order.
Pursuant to 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. Accordingly, AMS has
prepared this initial regulatory flexibility analysis.
The purpose of the RFA is to fit regulatory actions to the scale of
[[Page 54383]]
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 is one handler of Florida celery who would be subject to
regulation under the marketing order. This handler is also a producer
within the production area. Small agricultural service firms have been
defined by the Small Business Administration (13 CFR 121.601) as those
having annual receipts of less than $5,000,000, and small agricultural
producers are defined as those having annual receipts of less than
$500,000. The Florida celery producer-handler may be classified as a
small entity.
This proposed rule would terminate the order regulating the
handling of celery grown in Florida. The order and its accompanying
rules and regulations were suspended on January 12, 1995. No
regulations have been implemented since then, and there is no
indication that such regulations will again be needed.
The industry has been operating without a marketing order since its
suspension. Reestablishing the order would mean additional cost to the
industry stemming from assessments to maintain the order (the last
assessment was $0.01 per crate) and any associated costs generated by
regulation. By not reinstating the marketing order, the industry would
benefit from avoiding these costs. Regulatory authorities that would be
terminated include authority to implement grade, size, container, and
inspection requirements and provisions for research and development and
volume regulation. Because the industry has been operating without an
order for over three years, the termination of the order would have no
noticeable effect on either small or large operations.
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), the information collection requirements under the order
were approved by the Office of Management and Budget (OMB) and assigned
OMB No. 0581-0145. When the order was suspended on January 12, 1995,
these information collection requirements were also suspended. When the
order is terminated, these requirements will be eliminated. There is
one handler remaining under the order with an estimated burden of 9.05
hours.
The Department has not identified any relevant Federal rules that
duplicate, overlap, or conflict with this proposed rule.
The Department attempted to solicit as much industry input on this
decision as possible. In addition, this action provides the opportunity
for all interested persons to comment on this proposal.
The Department believes that conducting a termination referendum
would merely reaffirm the Florida celery industry's continued lack of
interest in reactivating the marketing order and that conducting such a
referendum would be wasteful of Departmental and public resources.
Therefore, pursuant to Sec. 608c(16)(A) of the Act and Sec. 967.85
of the order, the Department is considering the termination of
Marketing Order No. 967, covering celery grown in Florida. If the
Secretary decides to terminate the order, trustees would be appointed
to continue in the capacity of concluding and liquidating the affairs
of the former committee.
Section 608c(16)(A) of the Act requires the Secretary to notify
Congress 60 days in advance of the termination of a Federal marketing
order. Congress will be so notified upon publication of this proposed
termination.
A 60-day comment period is provided to allow interested persons to
respond to this proposal. All written comments timely received will be
considered before a final determination is made on this matter.
List of Subjects in 7 CFR Part 967
Celery, Marketing agreements, Reporting and recordkeeping
requirements.
PART 967--[REMOVED]
For the reasons set forth in the preamble, and under authority of 7
U.S.C. 601-674, 7 CFR part 967 is proposed to be removed.
Dated: October 2, 1998.
Enrique E. Figueroa,
Administrator, Agricultural Marketing Service.
[FR Doc. 98-27178 Filed 10-8-98; 8:45 am]
BILLING CODE 3410-02-P
