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

2873

Vol. 60, No. 8

Thursday, January 12, 1995

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 967

[Docket No. FV94–967–3FR]

Suspension of Marketing Order 967;

Celery Grown in Florida

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Suspension order.

SUMMARY: This rule suspends Federal

Marketing Order No. 967 for celery

grown in Florida, and rules and

regulations implemented thereunder,

through December 31, 1997. The

suspension includes budget,

assessment, and volume control rules

which were previously established for

the 1994–95 marketing season. This rule

is in response to a recommendation for

suspension made by the Florida Celery

Committee (committee), the agency

responsible for local administration of

the order. The committee’s

recommendation is based on the belief

that loss of market share and a reduction

in the number of producers and

handlers has diminished the need for

regulating Florida celery.

EFFECTIVE DATE: January 12, 1995,

through December 31, 1997.

FOR FURTHER INFORMATION CONTACT:

William G. Pimental, Southeast

Marketing Field Office, P.O. Box 2276,

Winter Haven, Florida 33883–2276,

telephone 813–299–4770, or Mark

Slupek, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, P.O.

Box 96456, Room 2525–S, Washington,

DC 20090–6456, telephone 202–205–

2830.

SUPPLEMENTARY INFORMATION: This

action is issued under Marketing

Agreement and Order No. 967, both as

amended [7 CFR part 967], regulating

the handling of celery 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 suspension

action is being taken under the

provisions of section 8c(16)(A) of the

Act.

The Department of Agriculture

(Department) is issuing this rule in

conformance with Executive Order

12866.

This suspension order has been

reviewed under Executive Order 12778,

Civil Justice Reform. The order

suspends Marketing Order No. 967 for

celery grown in Florida, and rules and

regulations implemented thereunder,

through December 31, 1997.

Administrative budget, assessment, and

volume control rules which were

previously established for the 1994–95

marketing season, which began August

1, 1994, also are suspended. 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 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 a 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 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 six handlers of Florida

celery who are subject to regulation

under the marketing order and five

celery producers within the production

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. Small agricultural service

firms are defined as those whose annual

receipts are less than $5,000,000. The

majority of these Florida celery handlers

and producers may be classified as

small entities.

Marketing Order No. 967 has been in

effect since 1965. The order provides for

the establishment of grade, size,

container and inspection requirements,

as well as volume regulation. In

addition, the order authorizes

production research, marketing

research, and development projects. It

also provides for reporting and

recordkeeping requirements on affected

handlers. The production and marketing

season runs from early November

through late June.

The committee held a teleconference

on November 22, 1994, and

unanimously recommended suspension

of the marketing order through

December 31, 1997. The committee’s

recommendation was based on the fact

that the number of growers and handlers

had declined to the lowest number in 20

years. Only five growers remain. There

are six handlers. The suspension will

eliminate the continued expense of

administering the marketing order and

will relieve the industry of assessments.

With the economic conditions the

industry is facing, this reduction in

costs should be beneficial.

The authority to implement grade,

size, container and inspection

requirements has not been used for

years. The authorities that were being

utilized were the provisions for research

and development and volume

regulation. However, the Committee

believes that the program is no longer

effectively helping market Florida

celery.
2874 Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Rules and Regulations

The volume control limitations placed

on the quantity of Florida celery

handled for fresh shipment have not

restricted the quantity of Florida celery

actually produced or shipped to fresh

markets in recent years, because

production and shipments have been

less than the marketable quantities

established. Thus, regulating volume

has been inconsequential.

The committee recommended

suspension, not termination, of the

marketing order to allow the industry an

opportunity to recover. Florida’s share

of the domestic celery market has

declined, but committee members

remain optimistic that, in time, the

Florida celery industry may regain its

former position. If the industry should

recover, the committee would like to

maintain the option of reactivating the

Federal marketing order.

Under the suspension, the industry

will be able to monitor the status of

celery production in Florida for the next

three marketing seasons. A meeting will

be held prior to December 1997, to

discuss the condition of the industry. At

that time, a determination will be made

to recommend reactivation,

continuation of the suspension, or

termination of the order. The

recommendation would require the

approval of the Secretary. If conditions

improve enough to convince the

industry that the order would be

effective before the conclusion of the

suspension period, a recommendation

could be made to the Secretary to

remove the suspension at that time.

Therefore, based on the foregoing

considerations, it is found that Federal

Marketing Order No. 967, and the rules

and regulations issued thereunder, do

not tend to effectuate the declared

policy of the Act. This action suspends,

through December 31, 1997, the

provisions of Federal Marketing Order

No. 967 and the rules and regulations

issued thereunder, including but not

limited to, the:

(1) Provisions of the order dealing

with the establishment and

responsibilities of the committee and

the administration of the order;

(2) Any rule or regulation, including

a budget and assessment rule [59 FR

52411, October 18, 1994] and volume

control regulations [59 FR 49571,

September 29, 1994] issued for the

1994–95 marketing season, and research

and development projects;

(3) Provisions of the order dealing

with expenses and the collection of

assessments; and

(4) Information collection and

reporting requirements (In compliance

with the Paperwork Reduction Act of

1980 (44 U.S.C. chapter 35), such

requirements have been approved by the

Office of Management and Budget and

assigned OMB Control No. 0581–0145).

During the suspension period, all

committee members and their alternates

will serve as trustees. The trustees will

be responsible for overseeing the

administrative affairs of the order. This

includes completing the committee’s

unfinished business, ensuring

termination of all outstanding

agreements, contracts, and the payment

of all obligations. The trustees will also

be responsible for safeguarding program

assets, and arranging for a financial

audit to be conducted. All such actions

by the trustees during the period of

suspension are subject to the approval

of the Secretary. Those designated as

trustees are: Mr. Pat Ferlise,

Chairperson, Mr. Thomas L. Brown,

Vice-Chairperson, Mr. L. E. Duff,

Secretary/Treasurer, Mr. Tony

Woodham, Mr. David L. Young, Mr. F.

S. Duda, Mr. Charles E. Allison, Mr.

Glenn R. Rogers, Mr. W. Rex Clonts, Sr.,

Mr. W. Rex Clonts, Jr., Mr. Felix Ferlise,

Mr. Henry M. Daniels, Mr. Milton

Ferlise, Mr. Dan Duda, Mr. Francis J.

McCarthy, Mr. Walter Duda, Mr. Bill

Grindstaff. The trustees shall continue

in their capacity as long as they are

eligible to serve as provided in § 967.26

of the order, and until the order is

reactivated or terminated, unless they

are discharged by the Secretary.

The remainder of the reserves, after

immediate expenses are paid, will be

held by the trustees to be used to cover

unforeseen, outstanding expenses

obligated by the committee. Such funds

could also be used by the trustees to pay

for necessary start-up costs should the

order, at the determination of the

Secretary, be reactivated. When a final

determination is made regarding the

order, any remaining funds will be used

or disbursed in accordance with the

appropriate order provisions.

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.

It is also found and determined, upon

good cause, that it is impracticable,

unnecessary, and contrary to the public

interest to give preliminary notice or to

engage in further public procedure with

respect to this action because: (1) This

action relieves restrictions on handlers

by suspending the requirements

regulating the handling of celery

pursuant to Marketing Order No. 967;

(2) handlers are aware of this action,

which was discussed and recommended

at a meeting held by the committee: and

(3) no useful purpose would be served

by delaying the suspension of the

marketing order.

List of Subjects in 7 CFR Part 967

Marketing Agreements, Celery,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, under the authority of 7

U.S.C. 601–674, 7 CFR Part 967, is

suspended effective January 12, 1995

through December 31, 1997.

Dated: January 6, 1995.

Patricia Jensen,

Acting Assistant Secretary, Marketing and

Regulatory Programs.

[FR Doc. 95–727 Filed 1–11–95; 8:45 am]

BILLING CODE 3410–02–P

Rural Utilities Service

7 CFR Part 1773

Correction of Typographical Error

AGENCY: Rural Utilities Service, USDA.

ACTION: Final rule correction of

typographical error.

SUMMARY: This document corrects a

typographical error in a final rule

published by the Rural Utilities Service

(RUS) on December 27, 1994, at 59 FR

66438. This regulation revised

nomenclature in agency regulations to

reflect the reorganization of the

Department of Agriculture mandated by

recent legislation.

EFFECTIVE DATE: December 27, 1994.

FOR FURTHER INFORMATION CONTACT: Sue

Arnold, Financial Analyst, Program

support Staff, Rural Utilities Service,

room 2234, South Building, U.S.

Department of Agriculture, Washington,

DC 20250–1500, telephone number 202–

720–0736; FAX 202–720–4120.

SUPPLEMENTARY INFORMATION: This

correction affects revisions to

definitions in 7 CFR Part 1773. The

published document, in the second

column of page 66440 cites the incorrect

section of part 1773. The definitions

revised are actually in section 1773.2.

To avoid confusion, RUS is correcting

this error.

Therefore, 7 CFR Part 1773 is

corrected as follows:

1. The authority citation for part 1773

continues to read as follows:

Authority: 7 U.S.C. 901 et seq.; 7 U.S.C.

1921 et seq.; Pub.L. 103–354, 108 Stat. 3178

(7 U.S.C. 6941 et seq.).

2. In the second column of page

66440, in amendatory instruction

number 25 ‘‘1773.3’’ is corrected to read

‘‘1773.2’’.