# Navel and Valencia Oranges Grown in Arizona and Designated Parts of California; Suspension of Form 8 and Form 3

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URL: https://www.frixlaw.com/law-library/documents/fr%3A94-4821

## Record

- **Collection:** Federal Register
- **Document type:** Uncategorized Document
- **Published:** March 3, 1994

## Text

DEPARTMENT OF AGRICULTURE
7 CFR Parts 907 and 908

[FV93-907-4FIR]

Navel and Valencia Oranges Grown in Arizona and Designated Parts
of California; Suspension of Form 8 and Form 3

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
changing reporting requirements prescribed under the California-Arizona
navel and Valencia orange marketing orders. The marketing orders
regulate the handling of navel and Valencia oranges grown in Arizona
and designated parts of California and are administered locally by the
Navel and Valencia Orange Administrative Committees (committees). This
rule suspends language in the orders and in the orders' rules and
regulations to discontinue the use of Form 8 (Certificate of Assignment
of Allotment) and Form 3 (Daily Manifest Report of Oranges Subject to
Allotment). These changes reduce the burden of information collection
requirements currently provided for under the marketing orders.

EFFECTIVE DATE: April 4, 1994.

FOR FURTHER INFORMATION CONTACT: Christian Nissen, Marketing
Specialist, Marketing Order Administration Branch, F&V, AMS, USDA, room
2522-S, P.O. Box 96456, Washington, DC 20090-6456; telephone: (202)
720-5127; or Maureen Pello, California Marketing Field Office,
Marketing Order Administration Branch, F&V, AMS, USDA, 2202 Monterey
Street, suite 102B, Fresno, California 93721; telephone: (209) 487-
5901.

SUPPLEMENTARY INFORMATION: This final rule is issued under Marketing
Order Nos. 907 and 908 (7 CFR parts 907 and 908), as amended,
regulating the handling of navel and Valencia oranges grown in Arizona
and designated parts of California, hereinafter referred to as the
``orders.'' These orders are 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 is issuing this rule in conformance
with Executive Order 12866.
This rule has been reviewed under Executive Order 12778, Civil
Justice Reform. This rule is not intended to have retroactive effect.
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 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 in equity to review the
Secretary's ruling on the petition, provided a bill in equity is filed
not later than 20 days after 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 140 handlers of navel oranges and 125
handlers of Valencia oranges who are subject to regulation under the
respective marketing order and approximately 3,750 producers of navel
oranges and 3,700 producers of Valencia oranges in the regulated areas.
Small agricultural service firms have been defined by the Small
Business Administration (13 CFR 121.601) as those having annual
receipts of less than $3,500,000, and small agricultural producers are
defined as those whose annual receipts are less than $500,000. The
majority of handlers and producers of California-Arizona navel and
Valencia oranges may be classified as small entities.
This rule finalizes two changes in the reporting requirements
prescribed under the California-Arizona orange marketing orders. This
rule suspends language in the orders and in the orders' rules and
regulations to discontinue the use of Form 8 (Certificate of Assignment
of Allotment) and Form 3 (Daily Manifest Report of Oranges Subject to
Allotment). These changes were unanimously recommended by the
committees.
An interim final rule on this issue was published in the Federal
Register (59 FR 1268, January 10, 1994), with an effective date of
January 10, 1994. That rule suspended Secs. 907.58, 907.71, 908.58, and
908.71 of the orders, and Secs. 907.112, 907.141, 908.112, and 908.141
of the rules and regulations in effect under the orders. That rule
provided a 30-day comment period which ended February 9, 1994. No
comments were received.
Sections 907.58 and 908.58 of the navel and Valencia orange
marketing orders specify that, for the handling of oranges other than
by rail car (primarily truck shipments), handlers issue to the
consignee an assignment of allotment certificate covering each quantity
of oranges so handled. Sections 907.112 and 908.112 of the orders'
rules and regulations require handlers to submit such information on
Form 8. Handlers are also required to segregate the information on Form
8 by size of oranges shipped and destination (i.e., U.S. and Alaska or
Canada).
Since the inception of the orders, the committees have utilized
Form 8 primarily for tracking and verifying truck shipments of oranges
that were subject to volume regulation. However, with the volume
regulation features of the orders suspended (58 FR 53,114; October 14,
1993), the committees believe that continued submission of Form 8
creates an additional burden on handlers that is unnecessary.
According to the committees, many handlers have long questioned the
value of Form 8 (commonly referred to in the industry as ``the daily
truck ticket'') during periods of no volume regulation. Shipment
information from Form 8 is transferred to Form 4 (Weekly Report).
Handlers maintain their own manifest records of these shipments and,
without weekly volume regulation, Form 4 provides similar data with the
exception of number of cartons shipped by size. The committees plan on
requesting size information from handlers as needed on a voluntary
basis and anticipate revising the weekly Form 4 at a later time to
provide for the collection of size information.
Thus, the committees believe that continued submission of Form 8,
particularly during periods of no volume regulation, is not necessary.
Accordingly, the committees have recommended suspending Secs. 907.58
and 908.58 of the orders and Secs. 907.112 and 908.112 of the orders'
rules and regulations so that Form 8 will be discontinued.
The second change that the committees recommended concerns Form 3
(Daily Manifest Report of Oranges Subject to Allotment). Currently,
Secs. 907.71 and 908.71 of the orange orders provide that handlers
furnish to the committees information regarding cartons of oranges
handled, segregated by size, within 24 hours of shipment. Handlers must
also indicate whether the shipments were destined to points in the U.S.
and Alaska or Canada. Sections 907.141 and 908.141 of the orders' rules
and regulations require handlers to submit this information for rail
car shipments on Form 3.
The information collected on Form 3 is similar to the information
collected on Form 8 described earlier, but pertains to rail car
shipments rather than truck shipments. Again, this information has
historically been utilized primarily for tracking and verifying
shipments of oranges that were subject to volume regulation. However,
with the volume regulation features of the orders suspended, the
committees believe that continued submission of Form 3, like Form 8,
creates an additional burden on handlers that is unnecessary. Handlers
are also required to submit similar information on rail car shipments
on the weekly Form 4. As with size information pertaining to truck
shipments, the committees plan on requesting size information from
handlers for rail car shipments on a voluntary basis until the weekly
Form 4 is appropriately revised.
Like Form 8, the committees believe that continued submission of
Form 3, particularly during periods of no volume regulation, is not
necessary. Accordingly, the committees have recommended suspending
Secs. 907.71 and 908.71 of the orders and Secs. 907.141 and 908.141 of
the orders' rules and regulations so that Form 3 will be discontinued.
Based on these considerations, the Administrator of the AMS has
determined that this rule will not have a significant economic impact
on a substantial number of small entities.
The information collection requirements contained in the referenced
sections 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 0581-0116 for navel oranges and 0581-0121 for
Valencia oranges. This rule reduces the reporting burden on
approximately 265 handlers of navel and Valencia oranges who have been
completing Form 8, taking about .40 hour to complete each report. This
rule also reduces the reporting burden on about 80 orange handlers who
ship by rail at some point during a season and utilize Form 3, taking
about 0.20 hours to complete each report.
After consideration of all relevant material presented, the
information and recommendations submitted by the committees, and other
information, it is found that the provisions detailed in the interim
final rule, at this time, do not tend to effectuate the declared policy
of the Act. Therefore, this rule finalizes the interim final rule,
without change, as published in the Federal Register (59 FR 1268,
January 10, 1994).

List of Subjects in 7 CFR Parts 907 and 908

Marketing agreements, Oranges, Reporting and recordkeeping
requirements.

For the reasons set forth in the preamble, 7 CFR parts 907 and 908
are amended as follows:
1. The authority citation for both 7 CFR parts 907 and 908
continues to read as follows:

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

PART 907--NAVEL ORANGES GROWN IN ARIZONA AND DESIGNATED PARTS OF
CALIFORNIA

2. Accordingly, the interim final rule amending 7 CFR part 907,
which was published at 59 FR 1268 on January 10, 1994, is adopted as a
final rule without change.

PART 908--VALENCIA ORANGES GROWN IN ARIZONA AND DESIGNATED PARTS OF
CALIFORNIA

3. Accordingly, the interim final rule amending 7 CFR part 908,
which was published at 59 FR 1268 on January 10, 1994, is adopted as a
final rule without change.

Dated: February 24, 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-4821 Filed 3-2-94; 8:45 am]
BILLING CODE 3410-02-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-4821. Public record. Not legal advice.