Handling Regulation for Celery Grown in Florida

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 967

[Docket No. FV94-967-2FIR]

Handling Regulation for Celery Grown in Florida

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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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

which established 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 final rule is intended to lend stability to the industry,

and 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.

EFFECTIVE DATE: October 31, 1994.

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 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 is issuing this rule in conformance with Executive

Order 12866.

This rule has been reviewed under Executive Order 12778, Civil

Justice Reform. This rule continues in effect an action which

established 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 rule 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 Sec. 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 Sec. 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.

This 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, this rule should lend stability to the

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

product.

Based on these considerations, the Administrator of the AMS has

determined that this action will not have a significant economic impact

on a substantial number of small entities.

An interim final rule was published in the Federal Register on July

27, 1994 (59 FR 38108). That interim final rule added Sec. 967.329 to

establish the quantity of Florida celery which handlers may ship to

fresh markets during the 1994-95 marketing season. That rule provided

that interested persons could file comments through August 26, 1994. No

comments were filed.

After consideration of all relevant material presented, including

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

found that this rule, as hereinafter set forth, will tend to effectuate

the declared policy of the Act.

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

Accordingly, the interim final rule amending 7 CFR part 967 which

was published at 59 FR 38108, on July 27, 1994, is adopted as a final

rule without change.

Dated: September 26, 1994.

Eric M. Forman,

Deputy Director, Fruit and Vegetable Division.

[FR Doc. 94-24100 Filed 9-28-94; 8:45 am]

BILLING CODE 3410-02-P