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

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 911 and 915

[Docket No. FV95-911-2IFR]

Limes and Avocados Grown in Florida; Suspension of Certain Volume

Regulations and Reporting Requirements

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments; suspension.

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SUMMARY: This rule suspends 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.

DATES: Effective April 1, 1996. Comments which are received prior to

May 22, 1996, will be considered prior to issuance of any final action.

ADDRESSES: Interested persons are invited to submit written comments

concerning this action to: Docket Clerk, Fruit and Vegetable Division,

AMS, USDA, P.O. Box 96456, room 2523-S, Washington, DC 20090-6456.

Three copies of all written material shall be submitted, and they will

be made available for public inspection at the office of the Docket

Clerk during regular business hours. All comments should reference the

docket number, date, and page number of this issue of the Federal

Register.

FOR FURTHER INFORMATION CONTACT: Britthany E. Beadle and 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.

SUPPLEMENTARY INFORMATION: This action 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 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 action

in conformance with Executive Order 12866.

This action has been reviewed under Executive Order 12778, Civil

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

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

continue until amended, suspended, or terminated. This action will not

preempt any State or local laws, regulations, or policies, unless they

present an irreconcilable conflict with this action.

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 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 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.

The Florida Lime Administrative Committee (FLAC) met on December

13, 1995, and unanimously recommended a two year suspension of their

lime volume regulations and pack-out requirements. However, the

Department is revising the FLAC recommendation by suspending both of

these requirements indefinitely. The Department has 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 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 is

currently in

[[Page 17552]]

effect through March 31, 1996. The 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 is

currently in effect through March 31, 1996. This rule suspends these

regulations indefinitely.

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 action 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

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

Sufficient information from other sources is available to meet

committee needs during future seasons. Information needed for committee

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 the

both committees' staff and 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 suspend certain volume

regulations and pack-out reporting requirements under the orders, as

specified. This rule indefinitely suspends 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 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.

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

that this action will not have a significant economic impact on a

substantial number of small entities.

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 action indefinitely suspends 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 action also indefinitely suspends the annual reporting burden

currently estimated at 130 hours for all regulated Florida avocado

handlers who file such reports. Specifically, this would apply to

handlers who file: (1) The Avocado Handler Daily Size Report Form; and

(2) the Avocado Handlers Weekly Report Form.

After consideration of all relevant matter presented, the

information and recommendations submitted by the committees, and other

information, it is found that the provisions detailed below, at this

time, do not tend to effectuate the declared policy of the Act.

It is also found and determined, upon good cause, that it is

impracticable, unnecessary and contrary to the public interest to give

preliminary notice prior to putting this action 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 relieves restrictions by suspending certain volume

regulation and pack-out reporting requirements under the orders for

fresh Florida limes and avocados; (2) Florida lime and avocado handlers

are aware of this suspension which was recommended by the committees at

public meetings, and they will need no additional time to comply; (3)

Florida fresh lime shipments are currently in progress, and they are

expected to continue throughout the year; (4) such requirements need to

be suspended promptly for both limes and avocados, so they are of

maximum benefit to handlers; and (5) this rule provides a 30-day

comment period, and any comments received will be considered prior to

any finalization of this interim final action.

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:

1. The authority citation for both 7 CFR parts 911 and 915

continues to read as follows:

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

PART 911--[SUSPENDED IN PART]

2. In part 911, Secs. 911.53 through 911.59, and Sec. 911.111 are

suspended, indefinitely.

PART 915--[SUSPENDED IN PART]

3. In Sec. 915.150, paragraph (d) is suspended, indefinitely.

Dated: April 16, 1996.

Michael V. Dunn,

Assistant Secretary, Marketing and Regulatory Programs.

[FR Doc. 96-9825 Filed 4-19-96; 8:45 am]

BILLING CODE 3410-02-P