[Federal Register Volume 61, Number 78 (Monday, April 22, 1996)]
[Rules and Regulations]
[Pages 17551-17552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9825]



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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

7 CFR Parts 911 and 915

[Docket No. FV95-911-2IFR]


Limes and Avocados Grown in Florida; Suspension of Certain Volume 
Regulations and Reporting Requirements

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments; suspension.

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SUMMARY: This rule suspends indefinitely certain volume regulation 
provisions of the marketing order covering limes grown in Florida. This 
rule indefinitely suspends the pack-out reporting requirements for the 
marketing orders covering limes and avocados grown in Florida. The 
marketing orders regulate the handling of limes and avocados grown in 
Florida and are administered by the Florida Lime Administrative 
Committee and the Avocado Administrative Committee, respectively. These 
provisions are not needed due to reduced Florida lime and avocado 
production. This rule will also reduce handler reporting burdens for 
both marketing orders.

DATES: Effective April 1, 1996. Comments which are received prior to 
May 22, 1996, will be considered prior to issuance of any final action.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this action to: Docket Clerk, Fruit and Vegetable Division, 
AMS, USDA, P.O. Box 96456, room 2523-S, Washington, DC 20090-6456. 
Three copies of all written material shall be submitted, and they will 
be made available for public inspection at the office of the Docket 
Clerk during regular business hours. All comments should reference the 
docket number, date, and page number of this issue of the Federal 
Register.

FOR FURTHER INFORMATION CONTACT: Britthany E. Beadle and Caroline C. 
Thorpe, Marketing Order Administration Branch, Fruit and Vegetable 
Division, AMS, USDA, P.O. Box 96456, room 2522-S, Washington, DC 20090-
6456; telephone: 202-720-5127; or Aleck J. Jonas, Southeast Marketing 
Field Office, USDA/AMS, P.O. Box 2276, Winter Haven, Florida 33883; 
telephone: 813-299-4770.

SUPPLEMENTARY INFORMATION: This action is issued under the provisions 
of section 8c(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 of Marketing Agreements and Marketing Orders No. 911 (7 CFR 
part 911) and No. 915 (7 CFR part 915) regulating the handling of limes 
grown in Florida and avocados grown in South Florida, respectively. 
These agreements and orders are 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 action 
in conformance with Executive Order 12866.
    This action has been reviewed under Executive Order 12778, Civil 
Justice Reform. It is intended that this action will be applicable for 
the entire 1996 fiscal year which began April 1, 1996, and will 
continue until amended, suspended, or terminated. This action will not 
preempt any State or local laws, regulations, or policies, unless they 
present an irreconcilable conflict with this action.
    The Act provides that administrative proceedings must be exhausted 
before parties may file suit in court. Under section 8c(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 the 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 about 10 Florida lime handlers subject to regulation 
under the marketing order covering limes grown in Florida, and about 30 
lime producers in Florida. Also, there are approximately 35 handlers of 
avocados and approximately 95 producers in the regulated area. 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. A majority of 
these handlers and producers may be classified as small entities.
    The Florida Lime Administrative Committee (FLAC) met on December 
13, 1995, and unanimously recommended a two year suspension of their 
lime volume regulations and pack-out requirements. However, the 
Department is revising the FLAC recommendation by suspending both of 
these requirements indefinitely. The Department has determined that 
since volume regulations have not been implemented for at least the 
past five years and lime production has been reduced to low levels 
these regulations should be suspended indefinitely. The Department does 
not anticipate that such regulations will be needed in the near future.
    Also, the Avocado Administrative Committee (AAC) met on January 10, 
1996, and recommended indefinite suspension of their pack-out reporting 
requirements.
    The suspension of Secs. 911.53-59 and 911.111 of the lime marketing 
order volume regulations and pack-out reporting requirements was 
published in the Federal Register (59 FR 13429, March 22, 1994) and is 
currently in

[[Page 17552]]

effect through March 31, 1996. The suspension of Sec. 915.150 paragraph 
(d) of the avocado marketing order pack-out reporting requirements was 
published in the Federal Register (59 FR 30866, June 16, 1994) and is 
currently in effect through March 31, 1996. This rule suspends these 
regulations indefinitely.
    Sections 911.53-59 (7 CFR 911.53-59) of the lime marketing order 
cover volume regulations and were used by FLAC to collect and maintain 
information from handlers, so that it could recommend to the Department 
that lime volume regulations be issued, when and if needed. FLAC 
determined that volume regulations will not be needed in the near 
future, and thus such information will not be needed, because of 
reduced production due to hurricane damage in 1992.
    Concerning pack-out reporting requirements, both FLAC and AAC 
recommended suspension of their pack-out reporting requirements. 
Section 911.111 (7 CFR 911.111) and Sec. 915.150 (7 CFR 915.150) 
contain provisions requiring Florida handlers to file certain reports 
with either the FLAC or the AAC concerning their Florida lime and 
avocado shipments, respectively. This action continues the suspension 
of these provisions since information collected under these provisions 
is not needed because lime and avocado production is so low. These 
provisions would require handlers to furnish information on types and 
number of containers of limes and avocados they pack each day. 
Sufficient information from other sources is available to meet 
committee needs during future seasons. Information needed for committee 
operations, marketing policies, and compliance is available from 
inspection certificates collected on a daily basis by committee staff. 
These resources are used to collect such information. Low lime and 
avocado production has also resulted in a substantial reduction of the 
both committees' staff and reduction of assessment income. Thus, the 
continuation of the suspension will reduce administrative costs and 
work load.
    These continued suspensions are a result of damage to the lime and 
avocado groves caused by Hurricane Andrew in August 1992. For limes, 
Hurricane Andrew reduced production acreage from approximately 6,500 
acres to approximately 1,500 acres with many non-producing trees in the 
remaining acreage. Production in the 1991-92 season was 1,682,677 
bushels. In the 1992-93 season, production prior to the hurricane was 
1,146,000 bushels. After the hurricane, in the 1993-94 season, 
production fell to 228,455 bushels and in the 1994-95 season, it was 
283,977 bushels. This was well below the levels reached prior to the 
hurricane.
    For avocados, Hurricane Andrew reduced production acreage from 
approximately 9,000 acres to less than 6,000 acres with many non-
producing trees in the remaining acreage. Production in the 1991-92 
season was 1,110,105 bushels. In the 1992-93 season, production fell to 
283,000 bushels and in the 1993-94 season it was 174,712 bushels. 
Although the 1994-95 season recovered to 778,951 bushels, it is well 
below the levels reached prior to the hurricane.
    Therefore, this action reflects the committees' and the 
Department's appraisal of the need to suspend certain volume 
regulations and pack-out reporting requirements under the orders, as 
specified. This rule indefinitely suspends certain reporting 
requirements for Florida limes and avocados, and lessens the overall 
reporting and recordkeeping burden under the orders. The Department's 
view is that this suspension will have a beneficial impact on Florida 
lime and avocado producers and handlers, since it lessens the reporting 
burden on handlers and will reduce the committees' expenses incurred 
under the orders.
    Based on the above, the Administrator of the AMS has determined 
that this action will not have a significant economic impact on a 
substantial number of small entities.
    The information collection requirements have been previously 
approved by the Office of Management and Budget (OMB) under the 
provisions of 44 U.S.C. Chapter 35 and have been assigned OMB Numbers 
0581-0091 and 0581-0078 for limes and avocados respectively.
    This action indefinitely suspends the annual reporting burden 
currently estimated at 210.4 hours for all regulated Florida lime 
handlers to: (1) Apply for a prorate base and allotment; (2) report 
daily the percentages, by size category, of the limes packed by them; 
and (3) report daily the number of containers of limes sold and 
delivered by them within the State of Florida.
    This action also indefinitely suspends the annual reporting burden 
currently estimated at 130 hours for all regulated Florida avocado 
handlers who file such reports. Specifically, this would apply to 
handlers who file: (1) The Avocado Handler Daily Size Report Form; and 
(2) the Avocado Handlers Weekly Report Form.
    After consideration of all relevant matter presented, the 
information and recommendations submitted by the committees, and other 
information, it is found that the provisions detailed below, at this 
time, do not tend to effectuate the declared policy of the Act.
    It is also found and determined, upon good cause, that it is 
impracticable, unnecessary and contrary to the public interest to give 
preliminary notice prior to putting this action 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 relieves restrictions by suspending certain volume 
regulation and pack-out reporting requirements under the orders for 
fresh Florida limes and avocados; (2) Florida lime and avocado handlers 
are aware of this suspension which was recommended by the committees at 
public meetings, and they will need no additional time to comply; (3) 
Florida fresh lime shipments are currently in progress, and they are 
expected to continue throughout the year; (4) such requirements need to 
be suspended promptly for both limes and avocados, so they are of 
maximum benefit to handlers; and (5) this rule provides a 30-day 
comment period, and any comments received will be considered prior to 
any finalization of this interim final action.

List of Subjects

7 CFR part 911

    Limes, Marketing agreements, Reporting and recordkeeping 
requirements.

7 CFR part 915

    Avocados, Marketing agreements, Reporting and recordkeeping 
requirements.

    For the reasons set forth in the preamble, 7 CFR parts 911 and 915 
are amended as follows:
    1. The authority citation for both 7 CFR parts 911 and 915 
continues to read as follows:

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

PART 911--[SUSPENDED IN PART]

    2. In part 911, Secs. 911.53 through 911.59, and Sec. 911.111 are 
suspended, indefinitely.

PART 915--[SUSPENDED IN PART]

    3. In Sec. 915.150, paragraph (d) is suspended, indefinitely.

    Dated: April 16, 1996.
Michael V. Dunn,
Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 96-9825 Filed 4-19-96; 8:45 am]
BILLING CODE 3410-02-P