[Federal Register Volume 73, Number 19 (Tuesday, January 29, 2008)]
[Proposed Rules]
[Pages 5130-5132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-362]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 73, No. 19 / Tuesday, January 29, 2008 / 
Proposed Rules  

[[Page 5130]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 905

[Docket No. AO-85-A10; AMS-FV-07-0132; FV08-905-1]


Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida; 
Hearing on Proposed Amendment of Marketing Agreement 84 and Order No. 
905

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice of hearing on proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given of a public hearing to receive evidence 
on proposed amendments to Marketing Agreement No. 84 and Order No. 905 
(order), which regulate the handling of oranges, grapefruit, 
tangerines, and tangelos (citrus) grown in Florida. Four amendments are 
proposed by the Citrus Administrative Committee (committee), which is 
responsible for local administration of the order. These proposed 
amendments would: modify committee representation by cooperative 
entities; allow additional alternates to represent absent members of 
the committee to better meet quorum requirements; add authority to 
conduct committee meetings by telephone or other means of 
communication; and add authority for marketing promotions, including 
paid advertising, and production research for fresh Florida citrus. In 
addition, the Agricultural Marketing Service (AMS) proposes to make any 
such changes as may be necessary to the order to conform to any 
amendment that may result from the hearing. These proposed amendments 
are intended to improve the operation and administration of the order.

DATES: The hearing dates are February 12, 2008, 9 a.m. to 5 p.m.; and 
continuing on February 13, 2008, at 9 a.m., if necessary, in Winter 
Haven, Florida.

ADDRESSES: The hearing will be held at the Florida Department of 
Agriculture and Consumer Services, 500 3rd Street, NW., Winter Haven, 
FL 33881.

FOR FURTHER INFORMATION CONTACT: Melissa Schmaedick, Marketing Order 
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1220 
S.W. Third Avenue, Room 385, Portland, Oregon 97204; Telephone: (503) 
326-2724, Fax: (503) 326-7440, or e-mail: [email protected]; 
or Laurel May, 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].
    Small businesses may request information on this proceeding 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 administrative action is instituted 
pursuant to the Agricultural Marketing Agreement Act of 1937, as 
amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.'' 
This action is governed by the provisions of sections 556 and 557 of 
title 5 of the United States Code and, therefore, is excluded from the 
requirements of Executive Order 12866.
    The Regulatory Flexibility Act (5 U.S.C. 601-612) seeks to ensure 
that within the statutory authority of a program, the regulatory and 
informational requirements are tailored to the size and nature of small 
businesses. Interested persons are invited to present evidence at the 
hearing on the possible regulatory and informational impacts of the 
proposals on small businesses.
    The amendments proposed herein have been reviewed under Executive 
Order 12988, Civil Justice Reform. They are not intended to have 
retroactive effect. If adopted, the proposed amendments would not 
preempt any State or local laws, regulations, or policies, unless they 
present an irreconcilable conflict with the proposals.
    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 USDA 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. 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 USDA's 
ruling on the petition, provided an action is filed not later than 20 
days after the date of the entry of the ruling.
    The hearing is called pursuant to the provisions of the Act and the 
applicable rules of practice and procedure governing the formulation of 
marketing agreements and orders (7 CFR part 900).
    The proposed amendments were recommended by the committee on May 
29, 2007, and submitted to USDA on August 16, 2007. After reviewing the 
proposals and other information submitted by the committee, USDA made a 
determination to schedule this matter for hearing. The proposed 
amendments to the order recommended by the committee are summarized as 
follows:
    1. Reduce committee representation by producers and shippers 
affiliated with cooperative marketing organizations. This proposal 
would amend Sec.  905.23, Selection, and would result in conforming 
changes being made to Sec.  905.22, Nominations.
    2. Add authority to allow additional alternates to represent absent 
committee members at committee meetings to better meet quorum 
requirements. This proposal would amend Sec.  905.29, Inability of 
members to serve.
    3. Add authority to conduct committee meetings by telephone or 
other means of communication technology. This proposal would amend 
Sec.  905.34, Procedure of committees.
    4. Add a new Sec.  905.54 to provide authority to establish and 
conduct research and promotion activities, including paid advertising.
    The committee works with USDA in administering the order. These 
proposals submitted by the committee

[[Page 5131]]

have not received the approval of USDA. The committee believes that its 
proposed changes would improve the operation and administration of the 
order by reallocating committee membership to better reflect current 
industry makeup and by fostering greater participation in committee 
business meetings. The committee also believes that the research and 
promotional needs of the fresh citrus industry would be better 
addressed though programs administered under order authority.
    In addition to the proposed amendments to the order, AMS proposes 
to make any such changes as may be necessary to the order to conform to 
any amendment that may result from the hearing.
    The public hearing is held for the purpose of: (i) Receiving 
evidence about the economic and marketing conditions which relate to 
the proposed amendments of the order; (ii) determining whether there is 
a need for the proposed amendments to the order; and (iii) determining 
whether the proposed amendments or appropriate modifications thereof 
will tend to effectuate the declared policy of the Act.
    Testimony is invited at the hearing on all the proposals and 
recommendations contained in this notice, as well as any appropriate 
modifications or alternatives.
    All persons wishing to submit written material as evidence at the 
hearing should be prepared to submit four copies of such material at 
the hearing and should have prepared testimony available for 
presentation at the hearing.
    From the time the notice of hearing is issued and until the 
issuance of a final decision in this proceeding, USDA employees 
involved in the decisional process are prohibited from discussing the 
merits of the hearing issues on an ex parte basis with any person 
having an interest in the proceeding. The prohibition applies to 
employees in the following organizational units: Office of the 
Secretary of Agriculture; Office of the Administrator, AMS; Office of 
the General Counsel; and the Fruit and Vegetable Programs, AMS.
    Procedural matters are not subject to the above prohibition and may 
be discussed at any time.

List of Subjects in 7 CFR Part 905

    Grapefruit, Marketing agreements, Oranges, Reporting and 
recordkeeping requirements, Tangelos, Tangerines.

PART 905--ORANGES, GRAPEFRUIT, TANGERINES, AND TANGELOS GROWN IN 
FLORIDA

    For the reasons set forth in the preamble, 7 CFR part 905 is 
proposed to be amended as follows:
    1. The authority citation for 7 CFR part 905 continues to read as 
follows:

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

    2. Testimony is invited on the following proposals or appropriate 
alternatives or modifications to such proposals.
    Proposals submitted by the Citrus Administrative Committee:

Proposal Number 1

    3. Amend Sec.  905.22 by revising paragraphs (a)(2) and (b)(2) to 
read as follows:


Sec.  905.22  Nominations.

    (a) * * *
    (1) * * *
    (2) Each nominee shall be a producer in the district from which he 
or she is nominated. In voting for nominees, each producer shall be 
entitled to cast one vote for each nominee in each of the districts in 
which he is a producer. At least two of the nominees and their 
alternates so nominated shall be affiliated with a bona fide 
cooperative marketing organization.
    (b) * * *
    (1) * * *
    (2) Nomination of at least two members and their alternates shall 
be made by bona fide cooperative marketing organizations which are 
handlers. Nominations for not more than six members and their 
alternates shall be made by handlers who are not so affiliated. In 
voting for nominees, each handler or his authorized representative 
shall be entitled to cast one vote, which shall be weighted by the 
volume of fruit by such handler during the then current fiscal period.
    4. Revise Sec.  905.23 to read as follows:


Sec.  905.23  Selection.

    (a) From the nominations made pursuant to Sec.  905.22(a) or from 
other qualified persons, the Secretary shall select one member and one 
alternate member to represent District 2 and two members and two 
alternate members each to represent Districts 1, 3, 4, and 5 or such 
other number of members and alternate members from each district as may 
be prescribed pursuant to Sec.  905.14. At least two such members and 
their alternates shall be affiliated with bona fide cooperative 
marketing organizations.
    (b) From the nominations made pursuant to Sec.  905.22(b) or from 
other qualified persons, the Secretary shall select at least two 
members and their alternates to represent bona fide cooperative 
marketing organizations which are handlers, and the remaining members 
and their alternates to represent handlers who are not so affiliated.

Proposal Number 2

    5. In Sec.  905.29, redesignate paragraph (b) as paragraph (c), and 
add a new paragraph (b) to read as follows:


Sec.  905.29  Inability of members to serve.

* * * * *
    (b) If both a member and his or her respective alternate are unable 
to attend a committee meeting, such member may designate another 
alternate to act in his or her place in order to obtain a quorum: 
Provided, that such alternate represents the same district and group 
affiliation as the absent member. If the member is unable to designate 
such an alternate, the committee members present may designate such 
alternate: Provided that, to the extent possible, the substitute 
alternate represents the same district and group affiliation of the 
absent member.
* * * * *

Proposal Number 3

    6. Revise paragraph (c) of Sec.  905.34 to read as follows:


Sec.  905.34  Procedure of committees.

* * * * *
    (c) The committee may provide for meeting by telephone, telegraph, 
or other means of communication, and any vote cast at such a meeting 
shall be promptly confirmed in writing: Provided, That if any assembled 
meeting is held, all votes shall be cast in person.
* * * * *

Proposal Number 4

    7. Add a new Sec.  905.54 to read as follows:


Sec.  905.54  Marketing, research and development.

    The committee may, with the approval of the Secretary, establish, 
or provide for the establishment of, projects including production 
research, marketing research and development projects, and marketing 
promotion including paid advertising, designed to assist, improve, or 
promote the marketing, distribution, and consumption or efficient 
production of fruit. The expenses of such projects shall be paid by 
funds collected pursuant to Sec.  905.41. Upon conclusion of each 
project, but at least annually, the

[[Page 5132]]

committee shall summarize the program status and accomplishments to its 
members and the Secretary. A similar report to the committee shall be 
required of any contracting party on any project carried out under this 
section. Also, for each project, the contracting party shall be 
required to maintain records of money received and expenditures, and 
such shall be available to the committee and the Secretary.

Proposal Submitted by USDA

Proposal Number 5

    Make other such changes as may be necessary to the order to conform 
with any amendment thereto that may result from the hearing.

    Dated: January 24, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. 08-362 Filed 1-25-08; 9:15 am]
BILLING CODE 3410-02-P