[Federal Register Volume 60, Number 19 (Monday, January 30, 1995)]
[Rules and Regulations]
[Pages 5559-5560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2216]



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 Rules and Regulations
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  Federal Register / Vol. 60, No. 19 / Monday, January 30, 1995 / Rules 
and Regulations  
[[Page 5559]]

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 966

[Docket No. FV94-966-3FR]


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

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: This final rule reapportions 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 will be 
reduced from three to two members and the membership in District 3 will 
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 provides for more equitable 
representation on the Committee. This action was unanimously 
recommended by the Committee, which is responsible for local 
administration of the marketing order.

EFFECTIVE DATE: This final rule becomes effective on March 1, 1995.

FOR FURTHER INFORMATION CONTACT: 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; or 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.

SUPPLEMENTARY INFORMATION: This final 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 final 
rule in conformance with Executive Order 12866.
    This final rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. This rule is not intended to have retroactive 
effect. This final 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 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 final 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 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.
    Prior to this final rule, section 966.161 of the rules and 
regulations provided 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 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.
    Prior to this final rule, District 1 had 25 percent of the 
Committee representatives but produced only 12 percent of the 
production. District 3 had 25 percent of the Committee representatives 
but produced 39 percent [[Page 5560]] of production on 44 percent of 
the harvested acres.
    This final rule provides more equitable representation by 
transferring one member and one alternate member position from District 
1 to District 3. District 1 is reduced to 2 members and alternates (17 
percent representation and 12 percent of the production) while District 
3 is increased to 4 members and alternates (33 percent representation 
and 39 percent of production). Districts 2 and 4 continue to be 
represented by 2 and 4 members and alternates, respectively.
    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 966.100 to 966.323) is revised accordingly.
    This final rule provides for equitable and balanced representation 
on the Committee, and will not impose additional costs on growers and 
handlers.
    Notice of action was published in the Federal Register on November 
29, 1994 (59 FR 60919). The proposed rule provided a 30-day comment 
period which ended December 29, 1994. One comment supporting this 
action was received.
    Based on the above, the Administrator of the AMS has determined 
that this final rule will not have a significant economic impact on a 
substantial number of small entities.
    After consideration of all relevant information presented, 
including the committee's unanimous recommendation and other 
information, it is found that this final rule will tend to effectuate 
the declared policy of the Act.

List of Subjects in 7 CFR Part 966

    Marketing agreements, Reporting and recordkeeping requirements, 
Tomatoes.

    For the reasons set forth in the preamble, 7 CFR part 966 is 
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.
    (b) * * *
    (c) District 3--four members and their alternates.
* * * * *
    Dated: January 24, 1995.
Sharon Bomer Lauritsen,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 95-2216 Filed 1-27-95; 8:45 am]
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