Handling Regulation for Celery Grown in Florida

DEPARTMENT OF AGRICULTURE

7 CFR Part 967

[Docket No. FV-94-967-2IFR]

Handling Regulation for Celery Grown in Florida

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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SUMMARY: This action establishes the quantity of Florida celery which

handlers may ship to fresh markets during the 1994-95 marketing season

at 6,712,910 crates or 100 percent of producers' base quantities. The

1994-95 marketing season covers the period August 1, 1994, through July

31, 1995. This interim final rule is intended to lend stability to the

industry, and, thus, help provide consumers with an adequate supply of

the product. As in past marketing seasons, the limitation on the

quantity of Florida celery handled for fresh shipment is not expected

to restrict the quantity of Florida celery actually produced or shipped

to fresh markets, because production and shipments are anticipated to

be less than the marketable quantity. This action was unanimously

recommended by the Florida Celery Committee (Committee), the agency

responsible for local administration of the order.

DATES: Effective July 27, 1994. Comments which are received by August

26, 1994 will be considered prior to issuance of any final rule.

ADDRESSES: Interested persons are invited to submit written comments

concerning this interim final rule. Comments must be sent in triplicate

to the Docket Clerk, Marketing Order Administration Branch, F&V, AMS,

USDA, room 2523-S, P.O. Box 96456, Washington, DC 20090-6456, FAX (202)

720-5698. Comments should reference this docket number and the date and

page number of this issue of the Federal Register and will be available

for public inspection in the Office of the Docket Clerk during regular

business hours.

FOR FURTHER INFORMATION CONTACT: William G. Pimental, Marketing

Specialist, Southeast Marketing Field Office, Fruit and Vegetable

Division, AMS, USDA, P.O. Box 2276, Winter Haven, Florida 33883-2276;

telephone: (813) 299-4770; or Mark Slupek, 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) 205-2830, or FAX (202) 720-5698.

SUPPLEMENTARY INFORMATION: This interim final rule is issued under

Marketing Agreement and Order No. 967 [7 CFR Part 967], both as

amended, regulating the handling of celery grown in Florida,

hereinafter referred to as the ``order.'' The order is 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 rule in

conformance with Executive Order 12866.

This rule has been reviewed under Executive Order 12778, Civil

Justice Reform. This rule establishes the quantity of Florida celery

(at 6,712,910 crates or 100 percent of producers' base quantities)

which handlers may ship to fresh markets during the 1994-95 marketing

season which covers the period August 1, 1994, through July 31, 1995.

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 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 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 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 approximately seven producers of celery in the production

area and seven handlers of celery grown in Florida subject to

regulation under the celery marketing order. 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. The majority of celery producers and

handlers may be classified as small entities.

This rule is based upon a recommendation and information submitted

by the Committee and upon other available information. The Committee

met on June 15, 1994, and unanimously recommended a marketable quantity

of 6,712,910 crates of fresh celery for the 1994-95 marketing season

beginning August 1, 1994. Additionally, a uniform percentage of 100

percent was recommended which will allow each producer, registered

pursuant to section 967.37(f) of the order, to market 100 percent of

such producer's base quantity. These recommendations were based on an

appraisal of expected 1994-95 supply and demand.

As required by section 967.37(d)(1) of the order, a reserve of 6

percent (402,775 crates) of the 1993-94 total base quantities was made

available to new producers and for increases for existing producers.

The deadline for requesting changes in base quantities was May 1, 1994.

No applications for additional base quantities were received.

The interim final rule will limit the quantity of Florida celery

which handlers may purchase from producers and ship to fresh markets

during the 1994-95 marketing season to 6,712,910 crates. This

marketable quantity is the same as the 1993-94 marketable quantity, and

is more than the average number of crates marketed fresh during the

1987-88 through 1992-93 seasons. It is expected that such quantity will

be more than actual shipments for the 1994-95 season. Thus, the

6,712,910 crate marketable quantity is not expected to restrict the

amount of Florida celery which growers produce or the amount of celery

which handlers ship. For these reasons, the interim final rule should

lend stability to the industry, and, thus, help provide consumers with

an adequate supply of the product.

Based on these considerations, the Administrator of AMS has

determined that this action will not have a significant economic impact

on a substantial number of small entities.

After consideration of all relevant material presented, including

the Committee's recommendation, and other available information, is

found that this interim final rule, as hereinafter set forth, will tend

to effectuate the declared policy of the Act.

Pursuant to 5 U.S.C. 553, it is also found and determined upon good

cause that it is impractical, unnecessary and contrary to the public

interest to give preliminary notice prior to putting this rule 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 was recommended at a public meeting

and all interested persons had an opportunity to express their views

and provide input; (2) it is desirable to have this action in place as

soon as possible because celery planting begins in July and the

beginning of the 1994-95 crop year is August 1, 1994; and (3) this rule

provides a 30-day comment period and any comments received will be

considered prior to finalization of this rule.

List of Subjects in 7 CFR Part 967

Celery, Marketing agreements, Reporting and recordkeeping

requirements.

For the reasons set forth in the preamble, 7 CFR Part 967 is

amended as follows:

PART 967--CELERY GROWN IN FLORIDA

1. The authority citation for 7 CFR part 967 continues to read as

follows:

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

Subpart--Administrative Rules and Regulations

2. A new Sec. 967.329 is added to read as follows:

(Note: The following will not be published in the Code of

Federal Regulations.)

Sec. 967.329 Handling regulation, marketable quantity, and uniform

percentage for the 1994-95 season beginning August 1, 1994.

(a) The marketable quantity established under section 967.36(a) is

6,712,910 crates of celery.

(b) As provided in section 967.38(a), the uniform percentage shall

be 100 percent.

(c) Pursuant to section 967.36(b), no handler shall handle any

harvested celery unless it is within the marketable allotment of a

producer who has a base quantity and such producer authorizes the first

handler thereof to handle it.

(d) As required by section 967.37(d)(1), a reserve of six percent

of the total base quantities is hereby authorized for: (1) New

producers and (2) increases for existing base quantity holders.

(e) Terms used herein shall have the same meaning as when used in

the said marketing agreement and order.

Dated: July 21, 1994.

Eric M. Forman,

Deputy Director, Fruit and Vegetable Division.

[FR Doc. 94-18211 Filed 7-26-94; 8:45 am]

BILLING CODE 3410-02-P