[Federal Register Volume 59, Number 143 (Wednesday, July 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18211]


[[Page Unknown]]

[Federal Register: July 27, 1994]


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DEPARTMENT OF AGRICULTURE
7 CFR Part 967

[Docket No. FV-94-967-2IFR]

 

Handling Regulation for Celery Grown in Florida

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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SUMMARY: This action establishes the quantity of Florida celery which 
handlers may ship to fresh markets during the 1994-95 marketing season 
at 6,712,910 crates or 100 percent of producers' base quantities. The 
1994-95 marketing season covers the period August 1, 1994, through July 
31, 1995. This interim final rule is intended to lend stability to the 
industry, and, thus, help provide consumers with an adequate supply of 
the product. As in past marketing seasons, the limitation on the 
quantity of Florida celery handled for fresh shipment is not expected 
to restrict the quantity of Florida celery actually produced or shipped 
to fresh markets, because production and shipments are anticipated to 
be less than the marketable quantity. This action was unanimously 
recommended by the Florida Celery Committee (Committee), the agency 
responsible for local administration of the order.

DATES: Effective July 27, 1994. Comments which are received by August 
26, 1994 will be considered prior to issuance of any final rule.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this interim final 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 available 
for public inspection in the Office of the Docket Clerk during regular 
business hours.

FOR FURTHER INFORMATION CONTACT: William G. Pimental, Marketing 
Specialist, Southeast Marketing Field Office, Fruit and Vegetable 
Division, AMS, USDA, P.O. Box 2276, Winter Haven, Florida 33883-2276; 
telephone: (813) 299-4770; or Mark Slupek, Marketing Specialist, 
Marketing Order Administration Branch, Fruit and Vegetable Division, 
AMS, USDA, room 2523-S, P.O. Box 96456, Washington, DC 20090-6456; 
telephone: (202) 205-2830, or FAX (202) 720-5698.

SUPPLEMENTARY INFORMATION: This interim final rule is issued under 
Marketing Agreement and Order No. 967 [7 CFR Part 967], both as 
amended, regulating the handling of celery grown in Florida, 
hereinafter referred to as the ``order.'' The 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 rule has been reviewed under Executive Order 12778, Civil 
Justice Reform. This rule establishes the quantity of Florida celery 
(at 6,712,910 crates or 100 percent of producers' base quantities) 
which handlers may ship to fresh markets during the 1994-95 marketing 
season which covers the period August 1, 1994, through July 31, 1995. 
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 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 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 seven producers of celery in the production 
area and seven handlers of celery grown in Florida subject to 
regulation under the celery marketing order. 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. The majority of celery producers and 
handlers may be classified as small entities.
    This rule is based upon a recommendation and information submitted 
by the Committee and upon other available information. The Committee 
met on June 15, 1994, and unanimously recommended a marketable quantity 
of 6,712,910 crates of fresh celery for the 1994-95 marketing season 
beginning August 1, 1994. Additionally, a uniform percentage of 100 
percent was recommended which will allow each producer, registered 
pursuant to section 967.37(f) of the order, to market 100 percent of 
such producer's base quantity. These recommendations were based on an 
appraisal of expected 1994-95 supply and demand.
    As required by section 967.37(d)(1) of the order, a reserve of 6 
percent (402,775 crates) of the 1993-94 total base quantities was made 
available to new producers and for increases for existing producers. 
The deadline for requesting changes in base quantities was May 1, 1994. 
No applications for additional base quantities were received.
    The interim final rule will limit the quantity of Florida celery 
which handlers may purchase from producers and ship to fresh markets 
during the 1994-95 marketing season to 6,712,910 crates. This 
marketable quantity is the same as the 1993-94 marketable quantity, and 
is more than the average number of crates marketed fresh during the 
1987-88 through 1992-93 seasons. It is expected that such quantity will 
be more than actual shipments for the 1994-95 season. Thus, the 
6,712,910 crate marketable quantity is not expected to restrict the 
amount of Florida celery which growers produce or the amount of celery 
which handlers ship. For these reasons, the interim final rule should 
lend stability to the industry, and, thus, help provide consumers with 
an adequate supply of the product.
    Based on these considerations, the Administrator of AMS has 
determined that this action will not have a significant economic impact 
on a substantial number of small entities.
    After consideration of all relevant material presented, including 
the Committee's recommendation, and other available information, is 
found that this interim final rule, as hereinafter set forth, will tend 
to effectuate the declared policy of the Act.
    Pursuant to 5 U.S.C. 553, it is also found and determined upon good 
cause that it is impractical, unnecessary and contrary to the public 
interest to give preliminary notice prior to putting this rule into 
effect, and that good cause exists for not postponing the effective 
date of this action until 30 days after publication in the Federal 
Register because: (1) This action was recommended at a public meeting 
and all interested persons had an opportunity to express their views 
and provide input; (2) it is desirable to have this action in place as 
soon as possible because celery planting begins in July and the 
beginning of the 1994-95 crop year is August 1, 1994; and (3) this rule 
provides a 30-day comment period and any comments received will be 
considered prior to finalization of this rule.

List of Subjects in 7 CFR Part 967

    Celery, Marketing agreements, Reporting and recordkeeping 
requirements.

    For the reasons set forth in the preamble, 7 CFR Part 967 is 
amended as follows:

PART 967--CELERY GROWN IN FLORIDA

    1. The authority citation for 7 CFR part 967 continues to read as 
follows:

    Authority: 7 U.S.C. 601-674.

Subpart--Administrative Rules and Regulations

    2. A new Sec. 967.329 is added to read as follows:


    (Note: The following will not be published in the Code of 
Federal Regulations.)

Sec. 967.329  Handling regulation, marketable quantity, and uniform 
percentage for the 1994-95 season beginning August 1, 1994.

    (a) The marketable quantity established under section 967.36(a) is 
6,712,910 crates of celery.
    (b) As provided in section 967.38(a), the uniform percentage shall 
be 100 percent.
    (c) Pursuant to section 967.36(b), no handler shall handle any 
harvested celery unless it is within the marketable allotment of a 
producer who has a base quantity and such producer authorizes the first 
handler thereof to handle it.
    (d) As required by section 967.37(d)(1), a reserve of six percent 
of the total base quantities is hereby authorized for: (1) New 
producers and (2) increases for existing base quantity holders.
    (e) Terms used herein shall have the same meaning as when used in 
the said marketing agreement and order.

    Dated: July 21, 1994.
Eric M. Forman,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 94-18211 Filed 7-26-94; 8:45 am]
BILLING CODE 3410-02-P