[Federal Register Volume 62, Number 107 (Wednesday, June 4, 1997)]
[Proposed Rules]
[Pages 30468-30469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14478]
[[Page 30468]]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 918
[Docket No. FV-97-918-1PR]
Fresh Peaches Grown in Georgia; Proposed Termination of Marketing
Order No. 918
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: This proposal invites comments on the termination of the
Federal marketing order regulating the handling of fresh peaches grown
in Georgia (order) and the rules and regulations issued thereunder. The
order does not reflect current industry structure and operating
procedures 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 July 7, 1997.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposal. Comments must be sent in triplicate to the
Docket Clerk, Fruit and Vegetable Division, AMS, USDA, room 2525-S,
P.O. Box 96456, Washington, DC 20090-6456, Fax: (202) 720-5698. 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: William G. Pimental, Southeast
Marketing Field Office, AMS, USDA, P.O. Box 2276, Winter Haven, Florida
33883-2276; telephone: (941) 299-4770, Fax: (941) 299-5169; or Caroline
Thorpe, Marketing Order Administration Branch, F&V, AMS, USDA, room
2522-S, P.O. Box 96456, Washington, DC 20090-6456; telephone: (202)
720-8139, Fax: (202) 720-5698. 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 proposal is governed by provisions of
section 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. 918.81 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 date of the entry of the ruling.
This proposed rule would terminate the order regulating the
handling of peaches grown in Georgia. Sections 918.81 and 918.82 of the
order contain the authority and procedures for termination.
The order was initially established in 1942 to help the industry
solve specific marketing problems and maintain orderly marketing
conditions. It was the responsibility of the Peach Industry 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 Georgia
peaches. The committee tried to achieve orderly marketing and improve
acceptance of Georgia peaches through the establishment of minimum
size, maturity and quality requirements.
The Georgia peach industry has not operated under the marketing
order for four years. The order and all of its accompanying rules and
regulations were suspended March 1, 1993, for two years (58 FR 8209).
At the request of the industry, the Department extended the suspension
for two more years (60 FR 17633). Regulations have not been applied
under the order since 1992, and no committee has been appointed since
then. The only regulations the industry is using are for research,
promotion, and advertising. This is handled locally by the Georgia
Commodity Commission through a State program.
In 1942, when the marketing order was issued, there were over 300
growers of Georgia peaches. Currently, there are approximately 20 peach
growers.
The Department contacted many current industry members with respect
to the need for reinstating the marketing order. Virtually all the
individuals corresponding with the Department stated they were not
interested in reestablishing the order. There was a peach industry
meeting held on February 6, 1997, in Byron, Georgia where the marketing
order was a topic of discussion. There was no support from the
attendees for reactivating or amending the order.
There have been changes in industry structure and operating
procedures since the order was last amended. Making the marketing order
reflect these changes could require further amendments. The steps
necessary to amend and reactivate the existing order would be similar
to what would be required to establish a new order. The need for a new
or amended marketing order would have to be justified and supported by
a large majority of Georgia peach growers. This would require a public
hearing and a grower referendum. There is no determinable industry
support for a marketing order. Thus, there is little justification to
continue 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 regulatory flexibility analysis.
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 8 handlers of Georgia peaches who would be
subject to regulation under the marketing order and approximately 20
peach growers in the regulated 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
[[Page 30469]]
$500,000. The majority of the Georgia peach growers and handlers may be
classified as small entities.
This proposed rule would terminate the order regulating the
handling of peaches grown in Georgia. The order and its accompanying
rules and regulations have been suspended since March 1, 1993. No
regulations have been implemented since the 1990-91 season, 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 and any
associated costs generated by regulation. By not reinstating the
marketing order, the industry benefits from avoiding these costs.
Because the industry has been operating without an order for four
years, the termination of the order would have no noticeable effect on
either small or large operations.
The Department attempted to solicit as much industry input on this
decision as possible. The Department sent a letter to current industry
members it was able to identify seeking comments on the need for
reinstating the marketing order. There was a peach industry meeting
held on February 6, 1997, in Byron, Georgia where the marketing order
was a topic of discussion. 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 Georgia peach 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 section 608c(16)(A) of the Act and
Sec. 918.81 of the order, the Department is considering the termination
of Marketing Order No. 918, covering peaches grown in Georgia. 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 was notified of this proposed termination on April 25,
1997.
A 30-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 918
Marketing agreements, Peaches, Reporting and recordkeeping
requirements.
PART 918--[REMOVED]
For the reasons set forth in the preamble, and under authority of 7
U.S.C. 601-674, 7 CFR part 918 is proposed to be removed.
Dated: May 29, 1997.
Michael V. Dunn,
Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 97-14478 Filed 6-3-97; 8:45 am]
BILLING CODE 3410-02-P
