This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

5733

Vol. 65, No. 25

Monday, February 7, 2000

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 905 and 944

[Docket No. FV99–905–6 FIR]

Oranges, Grapefruit, Tangerines, and

Tangelos Grown in Florida and

Imported Grapefruit; Relaxation of the

Minimum Size Requirement for Red

Seedless Grapefruit

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: The Department of

Agriculture (Department) is adopting, as

a final rule, without change, the

provisions of an interim final rule

changing the regulations under the

Florida citrus marketing order and the

grapefruit import regulations. This rule

continues to relax the minimum size

requirement for Florida red seedless

grapefruit and for red seedless grapefruit

imported into the United States from

size 48 (39⁄16 inches diameter) to size 56

(35⁄16 inches diameter). The Citrus

Administrative Committee (Committee),

the agency that locally administers the

marketing order for oranges, grapefruit,

tangerines, and tangelos grown in

Florida, unanimously recommended the

change for Florida grapefruit. The

change in the import regulation is

required under section 8e of the

Agricultural Marketing Agreement Act

of 1937. This change allows handlers

and importers to ship size 56 red

seedless grapefruit through November

12, 2000, and is expected to maximize

grapefruit shipments to fresh market

channels.

EFFECTIVE DATE: March 8, 2000.

FOR FURTHER INFORMATION CONTACT:

William G. Pimental, Southeast

Marketing Field Office, F&V, AMS,

USDA, P.O. Box 2276, Winter Haven,

Florida 33883; telephone: (863) 299–

4770, Fax: (863) 299–5169; or George

Kelhart, Technical Advisor, Marketing

Order Administration Branch, F&V,

AMS, USDA, room 2522–S, P.O. Box

96456, Washington, DC 20090–6456;

telephone: (202) 720–2491, Fax: (202)

720–5698.

Small businesses may request

information on complying with this

regulation by contacting Jay Guerber,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, P.O. Box 96456, room

2525–S, Washington, DC 20090–6456;

telephone (202) 720–2491, Fax: (202)

720–5698, or E–mail:

Jay.Guerber@usda.gov.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Agreement

No. 84 and Marketing Order No. 905,

both as amended (7 CFR Part 905),

regulating the handling of oranges,

grapefruit, tangerines, and tangelos

grown in Florida, hereinafter referred to

as the ‘‘order.’’ The marketing

agreement and order are effective under

the Agricultural Marketing Agreement

Act of 1937, as amended (7 U.S.C. 601–

674), hereinafter referred to as the

‘‘Act.’’

This rule is also issued under section

8e of the Act, which provides that

whenever specified commodities,

including grapefruit, are regulated

under a Federal marketing order,

imports of these commodities into the

United States are prohibited unless they

meet the same or comparable grade,

size, quality, or maturity requirements

as those in effect for the domestically

produced commodities.

The Department is issuing this rule in

conformance with Executive Order

12866.

This rule has been reviewed under

Executive Order 12988, 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 to

review the Secretary’s ruling on the

petition, provided an action is filed not

later than 20 days after the date of the

entry of the ruling.

There are no administrative

procedures which must be exhausted

prior to any judicial challenge to the

provisions of import regulations issued

under section 8e of the Act.

The order for Florida citrus provides

for the establishment of minimum grade

and size requirements with the

concurrence of the Secretary. The

minimum grade and size requirements

are designed to provide fresh markets

with fruit of acceptable quality and size,

thereby maintaining consumer

confidence for fresh Florida citrus. This

contributes to stable marketing

conditions in the interest of growers,

handlers, and consumers, and helps

increase returns to Florida citrus

growers. The current minimum grade

requirement for red seedless grapefruit

is U.S. No. 1. The minimum size

requirement for domestic shipments is

size 56 (at least 35⁄16 inches in diameter)

through November 12, 2000, and size 48

(39⁄16 inches in diameter) thereafter. The

current minimum size for export

shipments is size 56 throughout the

year.

This rule continues in effect a change

to the order’s rules and regulations

relaxing the minimum size requirement

for domestic and import shipments of

red seedless grapefruit. This action

allows for the continued shipment of

size 56 grapefruit. This rule relaxes the

minimum size from size 48 (39⁄16 inches

diameter) to size 56 (35⁄16 inches

diameter) through November 12, 2000.

Absent this change, the minimum size

would be size 48 (39⁄16 inches diameter).

The Committee met on August 31, 1999,

and unanimously recommended this

action.

Section 905.52 of the order, in part,

authorizes the Committee to recommend

minimum grade and size regulations to

the Secretary. Section 905.306 (7 CFR

905.306) specifies minimum grade and

5734 Federal Register / Vol. 65, No. 25 / Monday, February 7, 2000 / Rules and Regulations

size requirements for different varieties

of fresh Florida grapefruit. Such

requirements for domestic shipments

are specified in § 905.306 in Table I of

paragraph (a), and for export shipments

in Table II of paragraph (b). This rule

continues in effect the adjustments in

Table I to establish a minimum size of

56 through November 12, 2000.

Minimum grade and size requirements

for grapefruit imported into the United

States are currently in effect under

§ 944.106 (7 CFR 944.106). This rule

also continues the adjustments in

§ 944.106 to establish a minimum size of

56 through November 12, 2000. Export

requirements for Florida red seedless

grapefruit are not changed by this rule.

In making its recommendation, the

Committee considered estimated supply

and demand. The official crop estimate

of 27 million 13⁄5 bushel boxes is below

last year’s production of 28.7 million

13⁄5 bushel boxes of red seedless

grapefruit. Acreage has declined in

recent years from 81,348 acres in 1996,

to 76,025 acres in 1998, to 71,731 acres

in 1999. The acreage declines are due to

groves being abandoned due to

economic reasons, unhealthy groves

being removed and replanted, and sick

and diseased trees being removed from

healthy, productive groves and not

being replanted.

The Committee anticipates that fresh

shipments of red seedless grapefruit will

be approximately 16 million 4⁄5 bushel

cartons, similar to last season’s level of

16.7 million 4⁄5 bushel cartons. The

quality of this year’s crop is anticipated

to be below normal. The fruit is

expected to be misshapen more than

normal. All growing districts appear to

be affected by poorly shaped fruit,

which could reduce the packout

percentages for the 1999–2000 crop. The

individual fruit size for the current crop

is projected to be a little smaller than

normal, but not as small as last season.

The Committee reports that it expects

fresh market demand to be sufficient to

permit the shipment of size 56 red

seedless grapefruit grown in Florida

during the entire 1999–2000 season.

This size relaxation will enable

Florida grapefruit shippers to continue

shipping size 56 red seedless grapefruit

to the domestic market. This rule will

have a beneficial impact on producers

and handlers, because it will permit

Florida grapefruit handlers to make

available the sizes of fruit needed to

meet consumer needs. Matching the

sizes with consumer needs is consistent

with current and anticipated demand

for the 1999–2000 season, and will

maximize shipments to fresh market

channels.

The Committee believes that domestic

markets have been developed for size 56

fruit and that the industry should

continue to supply those markets. This

minimum size change pertains to the

domestic market, and does not change

the minimum size for export shipments

which will continue at size 56

throughout the season. The largest

market for size 56 small red seedless

grapefruit is for export.

During the first 11 weeks of the

season (September 20 through December

5), there was a volume regulation in

effect to limit the volume of small red

seedless grapefruit that entered the fresh

market. The Department issued rules,

which were published on September 17,

1999 (64 FR 50419) and November 1,

1999 (64 FR 58759), implementing that

regulation. The Committee believes that

the percentage size regulation has been

helpful in reducing the negative effects

of size 56 on the domestic market, and

that no additional restrictions are

needed for the upcoming season.

In addition, the currency and

economic problems currently facing the

Pacific Rim countries remain a concern.

These countries traditionally have been

good markets for size 56 grapefruit.

Current conditions there could reduce

demand for grapefruit, and alternative

outlets need to be available. It will be

advantageous to have the ability to ship

size 56 red seedless grapefruit to the

domestic market should problems

materialize in the export market.

Based on the available information,

the Committee unanimously

recommended that the minimum size

for shipping red seedless grapefruit to

the domestic market should be size 56

through November 12, 2000. This rule

will have a beneficial impact on

producers and handlers since it will

permit Florida grapefruit handlers to

make available those sizes of fruit

needed to meet anticipated market

demand for the 1999–2000 season.

Additionally, importers will be

favorably affected by this change since

the relaxation of the minimum size

regulation will also apply to imported

grapefruit.

Section 8e of the Act provides that

when certain domestically produced

commodities, including grapefruit, are

regulated under a Federal marketing

order, imports of that commodity must

meet the same or comparable grade,

size, quality, and maturity requirements.

Since this rule relaxes the minimum

size requirement under the domestic

handling regulations, a corresponding

change to the import regulations is

necessary.

Minimum grade and size

requirements for grapefruit imported

into the United States are currently in

effect under § 944.106. This rule

continues to relax the minimum size

requirement for imported red seedless

grapefruit to 35⁄16 inches in diameter

(size 56) until November 12, 2000, to

reflect the relaxation in effect under the

order for red seedless grapefruit grown

in Florida.

Pursuant to 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.

Accordingly, AMS has prepared this

final regulatory flexibility analysis.

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 the 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.

Import regulations issued under the Act

are based on those established under

Federal marketing orders.

There are approximately 80 grapefruit

handlers subject to regulation under the

order, approximately 11,000 growers of

citrus in the regulated area, and about

25 grapefruit importers. Small

agricultural service firms, which

include handlers and importers, have

been defined by the Small Business

Administration (SBA) as those having

annual receipts of less than $5,000,000,

and small agricultural producers are

defined as those having annual receipts

of less than $500,000 (13 CFR 121.201).

Based on the industry and Committee

data for the 1998-99 season, the average

annual f.o.b. price for fresh Florida red

seedless grapefruit during the 1998–99

season was around $7.60 per 4⁄5 bushel

carton, and total fresh shipments for the

1998–99 season were approximately at

16.7 million cartons of red seedless

grapefruit. Approximately 20 percent of

all handlers handled 60 percent of

Florida grapefruit shipments. In

addition, many of these handlers ship

other citrus fruit and products which

are not included in Committee data but

would contribute further to handler

receipts. Using the average f.o.b. price,

about 80 percent of the Florida

grapefruit handlers could be considered

small businesses under the SBA

definition and about 20 percent of the

handlers could be considered large

businesses. The majority of grapefruit

handlers, growers, and importers may

be classified as small entities.

Federal Register / Vol. 65, No. 25 / Monday, February 7, 2000 / Rules and Regulations 5735

Handlers in Florida shipped

approximately 37,395,000 4⁄5 bushel

cartons of grapefruit to the fresh market

during the 1998–99 season. Of these

cartons, about 22,123,000 were

exported. In the past three seasons,

domestic shipments of Florida

grapefruit averaged about 16,720,000

cartons. During the period 1994 through

1998, imports have averaged 580,800

cartons a season. Imports account for

less than five percent of domestic

shipments.

Section 905.52 of the order, in part,

authorizes the Committee to recommend

minimum grade and size regulations to

the Secretary. Section 905.306 specifies

minimum grade and size requirements

for different varieties of fresh Florida

grapefruit. This rule continues to relax

the minimum size requirement for

domestic shipments of red seedless

grapefruit from size 48 (39⁄16 inches

diameter) to size 56 (35⁄16 inches

diameter) through November 12, 2000.

No change is being made in the

minimum size 56 requirement for export

shipments. Absent this rule, the

minimum size requirement for domestic

shipments would be size 48. The motion

to allow shipments of size 56 red

seedless grapefruit through November

12, 2000, was passed by the Committee

unanimously. In addition, there was a

volume regulation in effect for the first

11 weeks of the 1999–2000 season

(September 22 through December 5) that

limited the volume of small red seedless

grapefruit that entered the fresh market

(64 FR 50419, September 17, 1999; and

64 FR 58759, November 1, 1999).

This rule will have a positive impact

on affected entities by maximizing

shipments of red seedless grapefruit into

fresh market channels. This action

allows for the continued shipment of

size 56 red seedless grapefruit. This

change is not expected to increase costs

associated with the order requirements,

or the grapefruit import regulation.

This rule continues to relax the

minimum size from size 48 (39⁄16 inches

in diameter) to size 56 (35⁄16 inches in

diameter) through November 12, 2000.

This change will allow handlers to

continue to ship size 56 red seedless

grapefruit to the domestic market. This

rule will have a beneficial impact on

producers and handlers, since it will

permit Florida grapefruit handlers to

make available those sizes of fruit

needed to meet consumer needs.

Matching the sizes that can be shipped

with consumer needs is consistent with

current and anticipated demand for the

1999–2000 season, and will provide for

the maximization of shipments to fresh

market channels.

The currency and economic problems

currently facing the Pacific Rim

countries remain a concern. These

countries traditionally have been good

markets for size 56 grapefruit. Current

conditions there could reduce demand

for grapefruit, and alternative outlets

need to be available. It will be

advantageous to handlers to have the

ability to ship size 56 red seedless

grapefruit to the domestic market

should problems materialize in the

export market.

This change will allow for the

continued shipment of size 56 red

seedless grapefruit. The opportunities

and benefits of this rule are expected to

be equally available to all grapefruit

handlers, growers, and importers

regardless of their size of operation.

During the period October 1, 1998,

through June 30, 1999, imports of

grapefruit totaled 15,500 metric tons

(approximately 800,000 cartons). Recent

yearly data indicate that imports during

July, August, and September are

typically negligible. Therefore, the

1998–99 season imports should not vary

significantly from 15,500 metric tons.

The Bahamas were the principal source,

accounting for 95 percent of the total.

Remaining imports were supplied by

the Dominican Republic and Israel.

Most imported grapefruit enters the

United States from October through

May.

Section 8e of the Act provides that

when certain domestically produced

commodities, including grapefruit, are

regulated under a Federal marketing

order, imports of that commodity must

meet the same or comparable grade,

size, quality and maturity requirements.

Because this rule changes the minimum

size for domestic red seedless grapefruit

shipments, this change must also be

applicable to imported grapefruit. This

rule relaxes the minimum size for

imported grapefruit to size 56. This

regulation will benefit importers to the

same extent that it benefits Florida

grapefruit producers and handlers

because it allows shipments of size 56

red seedless grapefruit into U.S. markets

through November 12, 2000.

The Committee considered one

alternative to this action. The

Committee discussed relaxing the

minimum size to size 56 on a permanent

basis rather than just for a year.

Members said that each season is

different, and they prefer to consider

this issue on a yearly basis. Therefore,

this alternative was rejected.

This rule will not impose any

additional reporting or recordkeeping

requirements on either small or large

red seedless grapefruit handlers or

importers. As with all Federal marketing

order programs, reports and forms are

periodically reviewed to reduce

information collection requirements and

duplication by industry and public

sectors.

In addition, as noted in the initial

regulatory flexibility analysis, the

Department has not identified any

relevant Federal rules that duplicate,

overlap or conflict with this rule.

However, red seedless grapefruit must

meet the requirements as specified in

the U.S. Standards for Grades of Florida

Grapefruit (7 CFR 51.760 through

51.784) issued under the Agricultural

Marketing Act of 1946 (7 U.S.C. 1621

through 1627).

Further, the Committee’s meeting was

widely publicized throughout the citrus

industry and all interested persons were

invited to attend the meeting and

participate in Committee deliberations.

Like all Committee meetings, the August

31, 1999, meeting was a public meeting

and all entities, both large and small,

were able to express their views on this

issue. Finally, interested persons were

invited to submit information on the

regulatory and informational impacts of

this action on small businesses.

An interim final rule concerning this

action was published in the Federal

Register on November 1, 1999 (64 FR

58759). Copies of the rule were mailed

by the Committee staff to all Committee

members and grapefruit handlers. In

addition, the rule was made available

through the Internet by the Office of the

Federal Register. That rule provided for

a 60-day comment period which ended

January 3, 2000. No comments were

received.

In accordance with section 8e of the

Act, the United States Trade

Representative has concurred with the

issuance of this final rule.

After consideration of all relevant

material presented, including the

Committee’s recommendation, and

other information, it is found that

finalizing the interim final rule, without

change, as published in the Federal

Register (64 FR 58759, November 1,

1999) will tend to effectuate the

declared policy of the Act.

List of Subjects

7 CFR Part 905

Grapefruit, Marketing agreements,

Oranges, Reporting and recordkeeping

requirements, Tangelos, Tangerines.

7 CFR Part 944

Avocados, Food grades and standards,

Grapefruit, Grapes, Imports, Kiwifruit,

Limes, Olives, Oranges.

5736 Federal Register / Vol. 65, No. 25 / Monday, February 7, 2000 / Rules and Regulations

PART 905—ORANGES, GRAPEFRUIT,

TANGERINES AND TANGELOS

GROWN IN FLORIDA

PART 944—FRUITS; IMPORT

REGULATIONS

Accordingly, the interim final rule

amending 7 CFR parts 905 and 944

which was published at 64 FR 58759 on

November 1, 1999, is adopted as a final

rule without change.

Dated: January 31, 2000.

Robert C. Keeney

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 00–2689 Filed 2–4–00; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 955

[Docket No. FV00–955–1 FR]

Vidalia Onions Grown in Georgia;

Increased Assessment Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This rule increases the

assessment rate established for the

Vidalia Onion Administrative

Committee (Committee) for fiscal period

2000 and subsequent fiscal periods from

$0.07 to $0.10 per 50-pound bag of

Vidalia onions handled. The Committee

is responsible for local administration of

the marketing order which regulates the

handling of Vidalia onions grown in

Georgia. Authorization to assess Vidalia

onion handlers enables the Committee

to incur expenses that are reasonable

and necessary to administer the

program. The fiscal period began on

January 1 and ends on December 31.

The assessment rate will remain in

effect indefinitely unless modified,

suspended, or terminated.

EFFECTIVE DATE: February 8, 2000.

FOR FURTHER INFORMATION CONTACT:

William Pimental, Marketing Specialist,

Southeast Marketing Field Office, Fruit

and Vegetable Programs, AMS, USDA,

P.O. Box 2276, Winter Haven, FL

33883–2276; telephone: (863) 299–4770,

Fax: (863) 299–5169; or George Kelhart,

Technical Advisor, Marketing Order

Administration Branch, Fruit and

Vegetable Programs, AMS, USDA, room

2525–S, P.O. Box 96456, Washington,

DC 20090–6456; telephone: (202) 720–

2491, Fax: (202) 205–6632.

Small businesses may request

information on complying with this

regulation by contacting Jay Guerber,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, P.O. Box 96456, room

2525–S, Washington, DC 20090–6456;

telephone (202) 720–2491, Fax: (202)

720–5698, or E-mail:

Jay.Guerber@usda.gov.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Agreement

and Order No. 955 (7 CFR part 955),

regulating the handling of Vidalia

Onions grown in Georgia area,

hereinafter referred to as the ‘‘order.’’

The marketing agreement and order 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 rule in

conformance with Executive Order

12866.

This rule has been reviewed under

Executive Order 12988, Civil Justice

Reform. Under the marketing order now

in effect, Vidalia onion handlers are

subject to assessments. Funds to

administer the order are derived from

such assessments. It is intended that the

assessment rate as issued herein will be

applicable to all assessable Vidalia

onions beginning January 1, 2000, and

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 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. Such

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 to

review the Secretary’s ruling on the

petition, provided an action is filed not

later than 20 days after the date of the

entry of the ruling.

This rule increases the assessment

rate established for the Committee for

the fiscal period 2000 and subsequent

fiscal periods from $0.07 to $0.10 per

50-pound bag of Vidalia onions

handled.

The Vidalia onion marketing order

provides authority for the Committee,

with the approval of the Department, to

formulate an annual budget of expenses

and collect assessments from handlers

to administer the program. The

members of the Committee are

producers and handlers of Vidalia

onions. They are familiar with the

Committee’s needs and with the costs

for goods and services in their local area

and are thus in a position to formulate

an appropriate budget and assessment

rate. The assessment rate is formulated

and discussed in a public meeting.

Thus, all directly affected persons have

an opportunity to participate and

provide input.

For the 1998–99 and subsequent fiscal

periods, the Committee recommended,

and the Department approved, an

assessment rate that would continue in

effect from fiscal period to fiscal period

unless modified, suspended, or

terminated by the Secretary upon

recommendation and information

submitted by the Committee or other

information available to the Secretary.

The Committee met on September 30,

1999, and unanimously recommended

fiscal period 2000 expenditures of

$421,600 and an assessment rate of

$0.10 per 50-pound bag of Vidalia

onions handled. In comparison, 1998–

1999 budgeted expenditures were

$373,577. However, during the 1998–99

fiscal period the Committee

recommended and the Department

approved a change in the fiscal period

under the order to January 1–December

31 from September 16–September 15 to

make the fiscal period consistent with

the Vidalia onion marketing season (64

FR 48243, September 3, 1999; 64 FR

72265, December 27, 1999). To provide

for continuous operation of the order,

the 1998–99 fiscal period was extended

by 3 and 1⁄2 months (from September 16

to December 31, 1999). As a result,

actual expenditures for 1998–99 are

expected to total about $475,577. In

addition, the quantity of assessable

onions for 1998–99 and assessment

income is much less than expected. The

Committee projected the quantity of

assessable onions for 1998–99 at

4,842,857 50-pound bags and

assessment revenue at $339,000. The

actual quantity of assessable onions is

expected to be 3,617,017 50-pound bags,

and assessment revenue is expected to

total $253,191. Because of this shortfall,

the Committee will have to use more of

its operating reserve to cover approved

expenses than it expected.

The assessment rate of $0.10 is $0.03

higher than the rate currently in effect.

The increase is needed so the

Committee can maintain its operating