Tomatoes Grown in Florida; Reapportionment of Membership on the Florida Tomato Committee

SUMMARY: This final rule reapportions producer membership on the 12-

member Florida Tomato Committee (Committee) established under the

Federal marketing order regulating the handling of tomatoes grown in

Florida. For the purposes of membership, the production area is divided

into four geographic districts. The membership in District 1 will be

reduced from three to two members and the membership in District 3 will

be increased from three members to four members. This reapportionment

reflects shifts in acreage within the districts and shipments from the

districts in recent years, and provides for more equitable

representation on the Committee. This action was unanimously

recommended by the Committee, which is responsible for local

administration of the marketing order.

EFFECTIVE DATE: This final rule becomes effective on March 1, 1995.

FOR FURTHER INFORMATION CONTACT: Aleck Jonas, Marketing Specialist,

Southeast Marketing Field Office, Fruit and Vegetable Division, AMS,

USDA, P.O. Box 2276, Winter Haven, Florida 33883-2276; (813) 299-4770

or FAX (813) 299-5169; or Shoshana Avrishon, 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) 720-3610, or FAX (202) 720-5698.

SUPPLEMENTARY INFORMATION: This final rule is issued under Marketing

Agreement and Order No. 966 (7 CFR part 966), both as amended,

regulating the handling of tomatoes grown in Florida, hereinafter

referred to as the ``order''. The order is authorized by 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 final

rule in conformance with Executive Order 12866.

This final rule has been reviewed under Executive Order 12778,

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 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 a 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 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 final 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 75 handlers of Florida tomatoes subject to

regulation under the marketing order and approximately 250 producers in

the production area. Small agricultural service firms, including tomato

handlers, are defined by the Small Business Administration (13 CFR

121.601) as those whose annual receipts are less than $5,000,000, and

small agricultural producers have been defined as those having annual

receipts of less than $500,000. The majority of the tomato handlers and

producers may be classified as small entities.

On September 8, 1994, the Committee met to discuss, among other

issues, Committee representation among the four production area

districts, and to determine whether any changes were warranted to

foster more equitable representation.

Section 966.22 of the order establishes a Committee consisting of

12 producer members. Each member has an alternate. Each person selected

as a Committee member and alternate is required to be a producer, or an

officer or employee of a corporate producer, in the district for which

selected and a resident of the production area. The four districts in

the production area are defined in Sec. 966.24.

Prior to this final rule, section 966.161 of the rules and

regulations provided for representation among the four districts as

follows: (a) District 1--three members and alternates; (b) District 2--

two members and alternates, (c) District 3--three members and

alternates, and (d) District 4--four members and alternates.

Section 966.25 provides that the Committee may recommend and the

Secretary may approve, the reapportionment of members among districts

within the production area. In recommending any such changes, the

Committee is required to give consideration to various factors,

including shifts in tomato acreage within districts during recent

years, and the equitable relationship of committee membership and

districts.

Prior to this final rule, District 1 had 25 percent of the

Committee representatives but produced only 12 percent of the

production. District 3 had 25 percent of the Committee representatives

but produced 39 percent [[Page 5560]] of production on 44 percent of

the harvested acres.

This final rule provides more equitable representation by

transferring one member and one alternate member position from District

1 to District 3. District 1 is reduced to 2 members and alternates (17

percent representation and 12 percent of the production) while District

3 is increased to 4 members and alternates (33 percent representation

and 39 percent of production). Districts 2 and 4 continue to be

represented by 2 and 4 members and alternates, respectively.

To implement the recommended reapportionment for Districts 1 and 3,

paragraphs (a) and (c) of Sec. 966.161 of Subpart--Rules and

Regulations (7 CFR 966.100 to 966.323) is revised accordingly.

This final rule provides for equitable and balanced representation

on the Committee, and will not impose additional costs on growers and

handlers.

Notice of action was published in the Federal Register on November

29, 1994 (59 FR 60919). The proposed rule provided a 30-day comment

period which ended December 29, 1994. One comment supporting this

action was received.

Based on the above, the Administrator of the AMS has determined

that this final rule will not have a significant economic impact on a

substantial number of small entities.

After consideration of all relevant information presented,

including the committee's unanimous recommendation and other

information, it is found that this final rule will tend to effectuate

the declared policy of the Act.

List of Subjects in 7 CFR Part 966

Marketing agreements, Reporting and recordkeeping requirements,

Tomatoes.

For the reasons set forth in the preamble, 7 CFR part 966 is

amended as follows:

PART 966--TOMATOES GROWN IN FLORIDA

1. The authority citation for 7 CFR part 966 continues to read as

follows:

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

2. Section 966.161 is amended by revising paragraphs (a) and (c) to

read as follows:

Sec. 966.161 [Amended]

* * * * *

(a) District 1--two members and their alternates.

(b) * * *

(c) District 3--four members and their alternates.

* * * * *

Dated: January 24, 1995.

Sharon Bomer Lauritsen,

Deputy Director, Fruit and Vegetable Division.

[FR Doc. 95-2216 Filed 1-27-95; 8:45 am]

BILLING CODE 3410-02-P