[Federal Register Volume 67, Number 158 (Thursday, August 15, 2002)]
[Rules and Regulations]
[Pages 53290-53291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20685]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 967

[Docket No. FV98-967-1 FR]


Celery Grown in Florida; Termination of Marketing Order No. 967

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: This rule terminates the Federal marketing order regulating 
the handling of celery grown in Florida (order) and the rules and 
regulations issued thereunder. The Florida celery industry has not 
operated under the order since its provisions were suspended January 
12, 1995. The celery industry has experienced a loss of market share; a 
significant reduction in the number of producers and handlers has 
diminished the need for regulating Florida celery; and there is no 
industry support for reactivating the order. Therefore, there is no 
need to continue this order.

EFFECTIVE DATE: September 16, 2002.

FOR FURTHER INFORMATION CONTACT: Doris Jamieson, Southeast Marketing 
Field Office, Marketing Order Administration Branch, Fruit and 
Vegetable Programs, AMS, USDA, 799 Overlook Drive, Suite A, Winter 
Haven, Florida 33884; telephone (863) 324-3375, Fax: (863) 325-8793; or 
Anne M. Dec, Marketing Order Administration Branch, Fruit and Vegetable 
Programs, AMS, USDA, 1400 Independence Avenue, SW STOP 0237, 
Washington, DC 20250-0237; telephone (202) 720-2491, Fax (202) 720-
8938.
    Small businesses may request information on complying with this 
regulation by contacting Jay Guerber, Marketing Order Administration 
Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence 
Avenue, SW STOP 0237, Washington, DC 20250-0237; telephone (202) 720-
2491, Fax (202) 720-8938, or e-mail: [email protected].

SUPPLEMENTARY INFORMATION: This final rule is issued under the 
provisions of section 8(16)(A) of 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 (USDA) is issuing this rule in 
conformance with Executive Order 12866.
    This final rule has been reviewed under Executive Order 12988, 
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 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 request 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 to review the Secretary's 
ruling on the petition, provided an action is filed not later than 20 
days after the date of the entry of the ruling.
    This final rule terminates the order covering celery grown in 
Florida.
    The order was initially established in 1965 to help the Florida 
celery industry solve specific marketing problems and maintain orderly 
marketing conditions. It was the responsibility of the Florida Celery 
Committee (committee), the agency established for local administration 
of the marketing order, to periodically investigate and assemble data 
on the growing, harvesting, shipping, and marketing conditions of 
Florida celery. The committee tried to achieve orderly marketing and 
improve acceptance of Florida celery through the establishment of 
volume regulations and promotion activities.
    The Florida celery industry has not operated under the marketing 
order for a number of years. The order and all of its accompanying 
rules and regulations were suspended on January 12, 1995 (60 FR 2873). 
Regulations have not been applied under the order since that time, and 
no committee has been appointed since then.
    In 1965, when the marketing order was issued, there were over 40 
producers of Florida celery. The earliest handling figures available 
indicate that in 1983 there were 11 handlers. As of the date of 
suspension of the order (January 12, 1995), there were six handlers of 
Florida celery who were subject to regulation under the marketing order 
and five celery producers within the production area. Currently, there 
is one producer who is also a handler.
    When the order was suspended, all of the committee members and 
their alternates were named as trustees to oversee the administrative 
affairs of the order. USDA contacted as many of these trustees as it 
could with respect to the need for reinstating the marketing order. All 
of the individuals contacted (10 of the 18 trustees) were in favor of 
terminating the order.

Final Regulatory Flexibility Analysis

    Pursuant to 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. Accordingly, AMS has 
prepared this final regulatory flexibility analysis.
    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 is one handler of Florida celery who would be subject to 
regulation under the marketing order. This handler is also a producer 
within the production area. Small agricultural service firms have been 
defined by the Small Business Administration (13 CFR 121.601) as those 
having annual receipts of less than $5,000,000, and small agricultural 
producers are defined as those having annual receipts of less than 
$750,000. The Florida celery producer-handler may be classified as a 
small entity.
    This final rule terminates the order regulating the handling of 
celery grown in Florida. The order and its accompanying rules and 
regulations were suspended on January 12, 1995.

[[Page 53291]]

No regulations have been implemented since then, and there is no 
indication that such regulations will again be needed.
    The industry has been operating without a marketing order since its 
suspension. Reestablishing the order would mean additional cost to the 
industry stemming from assessments to maintain the order (the last 
assessment was $0.01 per crate) and any associated costs generated by 
regulation. By not reinstating the marketing order, the industry 
benefits from avoiding these costs. Regulatory authorities that will be 
terminated include authority to implement grade, size, container, and 
inspection requirements and provisions for research and development and 
volume regulation. Because the industry has been operating without an 
order, termination of the order would have no noticeable effect on 
either small or large operations.
    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), the information collection requirements under the order 
were approved by the Office of Management and Budget (OMB) and assigned 
OMB No. 0581-0145. When the order was suspended on January 12, 1995, 
these information collection requirements were also suspended. Now that 
the order is being terminated, these requirements are eliminated.
    USDA has not identified any relevant Federal rules that duplicate, 
overlap, or conflict with this final rule.
    A proposed rule concerning this action was published in the October 
9, 1998, issue of the Federal Register (63 FR 54382) giving interested 
persons until December 8, 1998, to file written comments. No comments 
were received.
    Therefore, pursuant to section 8c(16)(A) of the Act, USDA has 
determined that Marketing Order No. 967, covering celery grown in 
Florida, and the rules and regulations issued thereunder, no long tend 
to effectuate the declared policy of the Act, and are hereby 
terminated.
    Section 8c(16)(A) of the Act requires USDA to notify Congress 60 
days in advance of the termination of a Federal marketing order. 
Congress was so notified.

List of Subjects in 7 CFR Part 967

    Celery, Marketing agreements, Reporting and recordkeeping 
requirements.

PART 967--[REMOVED]

    For the reasons set forth in the preamble, and under authority of 7 
U.S.C. 601-674, 7 CFR part 967 is removed.

    Dated: August 8, 2002.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 02-20685 Filed 8-14-02; 8:45 am]
BILLING CODE 3410-02-P