[Federal Register Volume 59, Number 228 (Tuesday, November 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29363]


[[Page Unknown]]

[Federal Register: November 29, 1994]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 966

[Docket No. FV94-966-3PR]

 

Tomatoes Grown in Florida; Reapportionment of Membership on the 
Florida Tomato Committee

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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SUMMARY: This proposed rule would reapportion producer membership on 
the 12-member Florida Tomato Committee (Committee) established under 
the Federal marketing order regulating the handling of tomatoes grown 
in Florida. For the purposes of membership, the production area is 
divided into four geographic districts. The membership in District 1 
would be reduced from three to two members and the membership in 
District 3 would be increased from three members to four members. This 
reapportionment reflects shifts in acreage within the districts and 
shipments from the districts in recent years, and the desire of the 
Committee to provide equitable representation on the Committee. This 
proposal was unanimously recommended by the Committee, which is 
responsible for local administration of the marketing order.

DATES: Comments must be received by December 29, 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 the docket number, 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: Shoshana Avrishon, 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) 720-3610, or FAX (202) 720-5698; or Aleck 
Jonas, Marketing Specialist, Southeast Marketing Field Office, Fruit 
and Vegetable Division, AMS, USDA, P.O. Box 2276, Winter Haven, Florida 
33883-2276; (813) 299-4770 or FAX (813) 299-5169.

SUPPLEMENTARY INFORMATION: This proposed rule is issued under Marketing 
Agreement and Order No. 966 [7 CFR part 966], both as amended, 
regulating the handling of tomatoes grown in Florida, hereinafter 
referred to as the ``order''. The order is authorized by 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 proposed 
rule in conformance with Executive Order 12866.
    This proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. This action is not intended to have retroactive 
effect. This proposed rule would 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 a 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 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 proposed rule 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 75 handlers of Florida tomatoes subject to 
regulation under the marketing order and approximately 250 producers in 
the production area. Small agricultural service firms, including tomato 
handlers, are defined by the Small Business Administration [13 CFR 
121.601] as those whose annual receipts are less than $5,000,000, and 
small agricultural producers have been defined as those having annual 
receipts of less than $500,000. The majority of the tomato handlers and 
producers may be classified as small entities.
    On September 8, 1994, the Committee met to discuss, among other 
issues, Committee representation among the four production area 
districts, and to determine whether any changes were warranted to 
foster more equitable representation.
    Section 966.22 of the order establishes a Committee consisting of 
12 producer members. Each member has an alternate. Each person selected 
as a Committee member and alternate is required to be a producer, or an 
officer or an employee of a corporate producer, in the district for 
which selected and a resident of the production area. The four 
districts in the production area are defined in Sec. 966.24.
    Section 966.161 of the rules and regulations currently provides for 
representation among the four districts as follows: (a) District 1--
three members and alternates; (b) District 2--two members and 
alternates; (c) District 3--three members and alternates; and (d) 
District 4--four members and alternates. Section 966.25 provides that 
the Committee may recommend and pursuant thereto, the Secretary may 
approve, the reapportionment of members among districts within the 
production area. In recommending any such changes, the Committee is 
required to give consideration to various factors, including shifts in 
tomato acreage within districts during recent years, and the equitable 
relationship of committee membership and districts.
    In recent years, District 1 has represented about 12 percent of 
total industry shipments and 12 percent of total acres harvested. 
Because of this, the Committee believes that a 25 percent level of 
committee representation (four of the 12 Committee positions) is too 
high for this district. District 3 is now the largest producing 
district with about 44 percent of the total acres harvested, and 39 
percent of total industry shipments. Thus, with only 25 percent of the 
Committee members, District 3 is thought to be under-represented on the 
Committee.
    To provide all growers within the production area with more 
equitable representation, the Committee unanimously recommended that 
one member position be transferred from District 1 to District 3. 
District 3 would then be represented by four members and have 33 
percent of the Committee members, while District 1 would have two 
members, representing about 17 percent of the Committee members. The 
proposed change would bring representation from these districts more in 
line with the percentages of acres harvested and production shipped 
over the last four seasons.
    Districts 2 and 4 currently are represented by two members (16 
percent of total committee members) and four members (33 percent of 
total committee members), respectively.
    In recent seasons, District 2 has represented about 10 percent of 
total harvested acreage and 13 percent of the shipments. District 4 has 
represented about 32 percent of the harvested acreage and 36 percent of 
the shipments. On the basis of this information, the Committee 
concluded that current representation is fair and appropriate for these 
two districts.
    To implement the recommended reapportionment for Districts 1 and 3, 
paragraphs (a) and (c) of Sec. 966.161 of Subpart--Rules and 
Regulations (7 CFR parts 966.100 to 966.323) would be revised 
accordingly.
    This proposed rule is intended to provide for equitable and 
balanced representation on the Committee, and would not impose 
additional costs on growers and handlers.
    Based on the above, 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.
    Interested persons are invited to submit their views and comments 
on this proposal. A 30-day comment period is provided. All comments 
timely received will be considered prior to finalization of this rule.

List of Subjects in 7 CFR 966

    Marketing agreements, Reporting and recordkeeping requirements, 
Tomatoes.

    For the reasons set forth in the preamble, 7 CFR Part 966 is 
proposed to be amended as follows:

PART 966--TOMATOES GROWN IN FLORIDA

    1. The authority citation for 7 CFR Part 966 continues to read as 
follows:

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

    2. Section 966.161 is amended by revising paragraphs (a) and (c) to 
read as follows:


Sec. 966.161   [Amended]

* * * * *
    (a) District 1--two members and their alternates.
* * * * *
    (c) District 3--four members and their alternates.
* * * * *
    Dated: November 21, 1994.
Martha B. Ransom,
Acting Deputy Director, Fruit and Vegetable Division.
[FR Doc. 94-29363 Filed 11-28-94; 8:45 am]
BILLING CODE 3410-02-P