Limes and Avocados Grown in Florida; Suspension of Certain Volume Regulations and Reporting Requirements

SUMMARY: The Department of Agriculture (Department) is adopting as a

final rule, without change, the provisions of an interim final rule to

suspend indefinitely certain volume regulation provisions of the

marketing order covering limes grown in Florida. This rule indefinitely

suspends the pack-out reporting requirements for the marketing orders

covering limes and avocados grown in Florida. The marketing orders

regulate the handling of limes and avocados grown in Florida and are

administered by the Florida Lime Administrative Committee and the

Avocado Administrative Committee, respectively. These provisions are

not needed due to reduced Florida lime and avocado production. This

rule will also reduce handler reporting burdens for both marketing

orders.

EFFECTIVE DATE: October 7, 1996.

FOR FURTHER INFORMATION CONTACT: Caroline C. Thorpe, Marketing Order

Administration Branch, Fruit and Vegetable Division, AMS, USDA, P.O.

Box 96456, room 2522-S, Washington, DC 20090-6456; telephone: 202-720-

5127; or Aleck J. Jonas, Southeast Marketing Field Office, USDA/AMS,

P.O. Box 2276, Winter Haven, Florida 33883; telephone: 813-299-4770.

Small businesses may request information on compliance with this

regulation by contacting: Jay Guerber, Marketing Order Administration

Branch, Fruit and Vegetable Division, AMS, USDA, P.O. Box 96456, room

2523-S, Washington, DC 20090-6456; telephone (202) 720-2491; Fax #

(202) 720-5698.

SUPPLEMENTARY INFORMATION: This final rule is issued under the

provisions of section 8c(16)(A) of the Agricultural Marketing Agreement

Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as

the Act; and of Marketing Agreements and Marketing Orders No. 911 (7

CFR Part 911) and No. 915 (7 CFR Part 915) regulating the handling of

limes grown in Florida and avocados grown in South Florida,

respectively. These agreements and orders are effective under the Act.

The Department is issuing this rule in conformance with Executive

Order 12866.

This rule has been reviewed under Executive Order 12988, Civil

Justice Reform. It is intended that this rule will be applicable for

the entire 1996 fiscal year which began April 1, 1996, and will

continue until amended, suspended, or terminated. 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 8c(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 the requirements set forth in the Regulatory

Flexibility Act (RFA), 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 about 10 Florida lime handlers subject to regulation

under the marketing order covering limes grown in Florida, and about 30

lime producers in Florida. Also, there are approximately 35 handlers of

avocados and approximately 95 producers in the regulated area. 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. A majority of

these handlers and producers may be classified as small entities.

This rule continues to suspend indefinitely volume regulation

provisions of the Florida lime marketing order. These provisions

permitted the collection of information from handlers so that the

Florida Lime Administrative Committee (FLAC) could recommend to the

Department that lime volume regulations be issued, when and if needed.

FLAC determined that volume regulations will not be needed in the near

future because of reduced production due to hurricane damage in 1992.

Thus, the Department has determined such information will not be

needed. This rule also suspends indefinitely certain reporting

requirements under the Florida lime and avocado marketing orders. This

rule is a relaxation in regulations which reduces handler reporting

burdens, resulting in lower industry costs under both marketing orders.

Thus, the Agricultural Marketing Service (AMS) has determined that this

rule will not have a significant economic impact on a substantial

number of small businesses.

The FLAC met on December 13, 1995, and unanimously recommended a

two year suspension of their lime volume regulations and pack-out

reporting requirements. However, the Department revised the FLAC

recommendation by suspending both of these requirements

[[Page 46702]]

indefinitely. The Department determined that since volume regulations

have not been implemented for at least the past five years and lime

production has been reduced to low levels, these regulations should be

suspended indefinitely. The Department does not anticipate that such

regulations will be needed in the near future.

Also, the Avocado Administrative Committee (AAC) met on January 10,

1996, and recommended indefinite suspension of their pack-out reporting

requirements.

The initial suspension of Secs. 911.53-59 and 911.111 of the lime

marketing order volume regulations and pack-out reporting requirements

was published in the Federal Register (59 FR 13429, March 22, 1994) and

remained in effect through March 31, 1996. Also, the previous

suspension of Sec. 915.150 paragraph (d) of the avocado marketing order

pack-out reporting requirements was published in the Federal Register

(59 FR 30866, June 16, 1994) and remained in effect through March 31,

1996.

An interim final rule was issued on April 16, 1996, to extend the

suspension indefinitely. That rule was published in the Federal

Register (61 FR 17551, April 22, 1996), with an effective date of April

1, 1996. That rule provided a 30-day comment period which ended May 22,

1996. No comments were received.

Sections 911.53-59 (7 CFR 911.53-59) of the lime marketing order

cover volume regulations and were used by FLAC to collect and maintain

information from handlers, so that it could recommend to the Department

that lime volume regulations be issued, when and if needed. FLAC

determined that volume regulations will not be needed in the near

future, and thus such information will not be needed because of reduced

production due to hurricane damage in 1992.

Concerning pack-out reporting requirements, both FLAC and AAC

recommended suspension of their pack-out reporting requirements.

Section 911.111 (7 CFR 911.111) and Sec. 915.150 (7 CFR 915.150)

contain provisions requiring Florida handlers to file certain reports

with either the FLAC or the AAC concerning their Florida lime and

avocado shipments, respectively. This rule continues the suspension of

these provisions since information collected under these provisions is

not needed because lime and avocado production is so low. These

provisions would require handlers to furnish information on types and

numbers of containers of limes and avocados they pack each day.

Sufficient information from other sources is available to meet the

committees' needs during future seasons. Information needed for the

committees' operations, marketing policies, and compliance is available

from inspection certificates collected on a daily basis by committee

staff. These resources are used to collect such information. Low lime

and avocado production has also resulted in a substantial reduction of

both committees' staff and a reduction of assessment income. Thus, the

continuation of the suspension will reduce administrative costs and

work load.

These continued suspensions are a result of damage to the lime and

avocado groves caused by Hurricane Andrew in August 1992. For limes,

Hurricane Andrew reduced production acreage from approximately 6,500

acres to approximately 1,500 acres with many non-producing trees in the

remaining acreage. Production in the 1991-92 season was 1,682,677

bushels. In the 1992-93 season, production prior to the hurricane was

1,146,000 bushels. After the hurricane, in the 1993-94 season,

production fell to 228,455 bushels and in the 1994-95 season, it was

283,977 bushels. This was well below the levels reached prior to the

hurricane.

For avocados, Hurricane Andrew reduced production acreage from

approximately 9,000 acres to less than 6,000 acres with many non-

producing trees in the remaining acreage. Production in the 1991-92

season was 1,110,105 bushels. In the 1992-93 season, production fell to

283,000 bushels and in the 1993-94 season it was 174,712 bushels.

Although the 1994-95 season recovered to 778,951 bushels, it is well

below the levels reached prior to the hurricane.

Therefore, this action reflects the committees' and the

Department's appraisal of the need to continue the suspension of

certain volume regulations and pack-out reporting requirements under

the orders, as specified. This rule finalizes the interim final rule

that indefinitely suspended certain reporting requirements for Florida

limes and avocados, and lessens the overall reporting and recordkeeping

burden under the orders. The Department's view is that this continued

suspension will have a beneficial impact on Florida lime and avocado

producers and handlers, since it lessens the reporting burden on

handlers and will reduce the committees' expenses incurred under the

orders.

The information collection requirements 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

0581-0091 and 0581-0078 for limes and avocados respectively.

This final rule continues to indefinitely suspend the annual

reporting burden currently estimated at 210.4 hours for all regulated

Florida lime handlers to: (1) apply for a prorate base and allotment;

(2) report daily the percentages, by size category, of the limes packed

by them; and (3) report daily the number of containers of limes sold

and delivered by them within the State of Florida.

This final rule continues to indefinitely suspend the annual

reporting burden currently estimated at 62 hours for all regulated

Florida avocado handlers who file Avocado Handler Daily Size Report

Forms. The Supplementary Information section of the interim final rule

published on April 22, 1996 (61 FR 17551) indicated that the Avocado

Weekly Report Form was also being discontinued. That statement was in

error. Only paragraph (d) of section 915.150 Reports of the avocado

marketing order's rules and regulations was suspended. Paragraph (a) of

that section, which pertains to the weekly report, was not suspended.

After consideration of all relevant matter presented, the

information and recommendations submitted by the committees, and other

information, it is found that the provisions as they appeared in the

interim rule, as published in the Federal Register (61 FR 17551, April

22, 1996), and as finalized herein no longer tend to effectuate the

declared policy of the Act.

List of Subjects

7 CFR Part 911

Limes, Marketing agreements, Reporting and recordkeeping

requirements.

7 CFR Part 915

Avocados, Marketing agreements, Reporting and recordkeeping

requirements.

For the reasons set forth in the preamble, 7 CFR parts 911 and 915

are amended as follows:

PART 911--LIMES GROWN IN FLORIDA

Accordingly, the interim final rule amending 7 CFR part 911 which

was published at 61 FR 17551 on April 22, 1996, is adopted as a final

rule without change.

PART 915--AVOCADOS GROWN IN SOUTH FLORIDA

Accordingly, the interim final rule amending 7 CFR part 915 which

was

[[Page 46703]]

published at 61 FR 17551 on April 22, 1996, is adopted as a final rule

without change.

Dated: August 29, 1996.

Terry L. Medley,

Acting Assistant Secretary, Marketing and Regulatory Programs.

[FR Doc. 96-22661 Filed 9-04-96; 8:45 am]

BILLING CODE 3410-02-P