[Federal Register Volume 61, Number 173 (Thursday, September 5, 1996)]
[Rules and Regulations]
[Pages 46701-46703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22661]



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 Rules and Regulations
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  Federal Register / Vol. 61, No. 173 / Thursday, September 5, 1996 / 
Rules and Regulations  

[[Page 46701]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 911 and 915

[Docket No. FV95-911-2 FIR]


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

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule; suspension.

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SUMMARY: The Department of Agriculture (Department) is adopting as a 
final rule, without change, the provisions of an interim final rule to 
suspend 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.

EFFECTIVE DATE: October 7, 1996.

FOR FURTHER INFORMATION CONTACT: 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. 
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 final rule 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 Act.
    The Department is issuing this rule in conformance with Executive 
Order 12866.
    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. It is intended that this rule will be applicable for 
the entire 1996 fiscal year which began April 1, 1996, and will 
continue until amended, suspended, or terminated. 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 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 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.
    This rule continues to suspend indefinitely volume regulation 
provisions of the Florida lime marketing order. These provisions 
permitted the collection of information from handlers so that the 
Florida Lime Administrative Committee (FLAC) 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 because of reduced production due to hurricane damage in 1992. 
Thus, the Department has determined such information will not be 
needed. This rule also suspends indefinitely certain reporting 
requirements under the Florida lime and avocado marketing orders. This 
rule is a relaxation in regulations which reduces handler reporting 
burdens, resulting in lower industry costs under both marketing orders. 
Thus, the Agricultural Marketing Service (AMS) has determined that this 
rule will not have a significant economic impact on a substantial 
number of small businesses.
    The FLAC met on December 13, 1995, and unanimously recommended a 
two year suspension of their lime volume regulations and pack-out 
reporting requirements. However, the Department revised the FLAC 
recommendation by suspending both of these requirements

[[Page 46702]]

indefinitely. The Department 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 initial 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 
remained in effect through March 31, 1996. Also, the previous 
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 remained in effect through March 31, 
1996.
    An interim final rule was issued on April 16, 1996, to extend the 
suspension indefinitely. That rule was published in the Federal 
Register (61 FR 17551, April 22, 1996), with an effective date of April 
1, 1996. That rule provided a 30-day comment period which ended May 22, 
1996. No comments were received.
    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 rule 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 
numbers of containers of limes and avocados they pack each day. 
Sufficient information from other sources is available to meet the 
committees' needs during future seasons. Information needed for the 
committees' 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 
both committees' staff and a 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 continue the suspension of 
certain volume regulations and pack-out reporting requirements under 
the orders, as specified. This rule finalizes the interim final rule 
that indefinitely suspended 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 continued 
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.
    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 final rule continues to indefinitely suspend 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 final rule continues to indefinitely suspend the annual 
reporting burden currently estimated at 62 hours for all regulated 
Florida avocado handlers who file Avocado Handler Daily Size Report 
Forms. The Supplementary Information section of the interim final rule 
published on April 22, 1996 (61 FR 17551) indicated that the Avocado 
Weekly Report Form was also being discontinued. That statement was in 
error. Only paragraph (d) of section 915.150 Reports of the avocado 
marketing order's rules and regulations was suspended. Paragraph (a) of 
that section, which pertains to the weekly report, was not suspended.
    After consideration of all relevant matter presented, the 
information and recommendations submitted by the committees, and other 
information, it is found that the provisions as they appeared in the 
interim rule, as published in the Federal Register (61 FR 17551, April 
22, 1996), and as finalized herein no longer tend to effectuate the 
declared policy of the Act.

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:

PART 911--LIMES GROWN IN FLORIDA

    Accordingly, the interim final rule amending 7 CFR part 911 which 
was published at 61 FR 17551 on April 22, 1996, is adopted as a final 
rule without change.

PART 915--AVOCADOS GROWN IN SOUTH FLORIDA

    Accordingly, the interim final rule amending 7 CFR part 915 which 
was

[[Page 46703]]

published at 61 FR 17551 on April 22, 1996, is adopted as a final rule 
without change.

    Dated: August 29, 1996.
Terry L. Medley,
Acting Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 96-22661 Filed 9-04-96; 8:45 am]
BILLING CODE 3410-02-P