[Federal Register Volume 59, Number 188 (Thursday, September 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24100]


[[Page Unknown]]

[Federal Register: September 29, 1994]


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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