[Federal Register Volume 60, Number 67 (Friday, April 7, 1995)]
[Rules and Regulations]
[Pages 17633-17634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8615]



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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

7 CFR Part 918

[Docket No. FV95-918-1]


Suspension of Provisions of Marketing Order 918; Fresh Peaches 
Grown in Georgia

agency: Agricultural Marketing Service, USDA.

action: Suspension order.

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summary: This rule is a continuation of a suspension order that 
suspends, for two additional fiscal years, effective March 1, 1995, 
through February 28, 1997, all provisions of Federal Marketing Order 
No. 918 for fresh peaches grown in Georgia (order), and the rules and 
regulations issued thereunder. This rule is the result of a 
recommendation for continued suspension made by trustees of the Georgia 
Peach Industry Committee (trustees). The trustees' recommendation was 
based upon the belief that a State program, which is currently active 
in market promotion and merchandising for the Georgia peach industry, 
could provide the quality, maturity, and size regulations that were in 
effect under the Federal order, and would result in more efficient use 
of industry funds. The trustees believe more time is needed to study 
changes in the industry, and any new developments which could affect 
the need for, or status of, the order.

effective date: March 1, 1995, through February 28, 1997.

for further information contact: William Pimental, Southeast Marketing 
Field Office, 301 3rd St., NW., suite 201, Winter Haven, Florida 33883-
2276, telephone 813-299-4770, or Mark Kreaggor, Marketing Order 
Administration Branch, Fruit and Vegetable Division, AMS, USDA, P.O. 
Box 96456, room 2525-S, Washington, DC 20090-6456, telephone 202-720-
2431.

supplementary information: This rule is issued under Marketing 
Agreement and Order No. 918 (7 CFR part 918) regulating the handling of 
peaches grown in Georgia. The marketing agreement and 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 
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 rule has been reviewed under Executive Order 12778, Civil 
Justice Reform. This rule is a continuation of a suspension order than 
suspends, effective March 1, 1995, through February 28, 1997, all 
provisions of the marketing order and the rules and regulations issued 
thereunder. 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. 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 as 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 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 approximately 20 handlers of Georgia peaches and 
approximately 150 peach producers. 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 handlers and producers may be 
classified as small entities.
    Marketing Order 918 has been in effect since 1942. The order 
provides for the establishment of grade, size, quality, maturity, 
container and inspection requirements. In addition, the order 
authorizes production research and marketing research and development 
projects. It also provides for reporting and recordkeeping requirements 
on affected handlers. The production and marketing season runs from 
early March through late July.
    The Georgia Peach Industry Committee members met on November 14, 
1992, and unanimously recommended suspension of the marketing order at 
the end of the 1992-93 fiscal period. The recommendation was made to 
eliminate the expense of administering the marketing order. The 
members' recommendation was based on the belief that the quality, 
maturity, and size standards that were in effect under the order could 
be implemented under a State program that concurrently conducted market 
promotion activities for the Georgia peach industry. The members 
believed that by transferring all functions to a single program, 
industry funds would be used more efficiently. While the Federal order 
authorizes marketing research and development projects, these 
activities had been carried out under the authority of the State 
program for several years. The order also authorizes container 
requirements and production research, but these provisions had been 
inactive for many years.
    The committee members recommended suspension, not termination, of 
the marketing order to allow the industry an opportunity to review the 
effectiveness of operating under only a State program. If problems 
developed, the committee members wanted the industry to have the 
alternative of reactivating the Federal marketing order.
    During the suspension period, all nine committee members (not 
including alternates) served as trustees for the Georgia Peach Industry 
Committee.
    The trustees met on November 17, 1994, and unanimously recommended 
extending the suspension of the marketing order for two additional 
years. The trustees' recommendation was based on the belief that 
extending the suspension for two more years will provide the industry 
with further opportunity to study changes and any new developments 
which could affect [[Page 17634]] the need for, or status of, the 
current order.
    The trustees also voted for suspension rather than termination, 
because they wanted to avoid the complexity of putting together a 
completely new marketing order; as opposed to amending the existing 
marketing order should the industry find it in its interest to resume 
the program.
    In addition, the suspension will lower the administrative and 
inspection costs under the marketing order.
    The industry will have the opportunity to continue monitoring the 
effectiveness of the State program, without Federal marketing order 
regulations in effect, an additional two marketing seasons. A meeting 
will be held prior to January 1997 to again discuss reactivating or 
terminating the marketing order. The current trustees will continue to 
serve in their capacity during the suspension.
    Thus, it is determined that Federal Marketing Order N. 918, and the 
rules and regulations issued thereunder, do not tend to effectuate the 
declared policy of the Act. This rule suspends, from March 1, 1995, 
through February 28, 1997, provisions of Federal Marketing Order No. 
918, 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) The quality, size, maturity, and inspection requirements;
    (3) The administrative rules and regulations related to exempt 
shipments; 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. 0581-0135].
    The Secretary has determined that, during the suspension period, 
those persons serving as committee members prior to the suspension (not 
including alternates) will continue to serve as trustees to oversee the 
administrative affairs of the order. The trustees are responsible for 
safeguarding program assets and holding committee records. 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. 
Robert Dickey III, Mr. Jeff Wainwright, Mr. W.H. Davidson III, Mr. Al 
Pearson, Mr. Bobby Lane, Mr. Emory Alexander, Mr. William W. Drew, Mr. 
Howard Lawson, and Mr. Stephen C. Meyers. The trustees shall continue 
in their capacity until discharged by the Secretary.
    When a final determination is made regarding the order, any 
remaining funds will be used or disbursed in accord 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 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 and that good cause exists for not postponing 
the effective date of this rule until 30 days after publication in the 
Federal Register because: (1) This action suspends restrictions on 
handlers by continuing the suspension of the requirements regulating 
the handling of peaches pursuant to Marketing Order No. 918; (2) 
handlers are aware of this action, which was discussed and recommended 
at a public meeting held by the trustees; and (3) no useful purpose 
would be served by delaying the continued suspension of the marketing 
order.

List of Subjects in 7 CFR Part 918

    Marketing Agreements, Peaches, 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 918), and all provisions therein, is 
suspended effective March 1, 1995, through February 28, 1997.

    Dated: March 31, 1995.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 95-8615 Filed 4-6-95; 8:45 am]
BILLING CODE 3410-02-M