20718 Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Rules and Regulations

Agricultural Marketing Agreement Act

of 1937 (50 Stat. 246), as amended.

(b) The term Department means the

United States Department of

Agriculture.

(c) The term Secretary means the

Secretary of Agriculture of the United

States, or any officer or employee of the

Department to whom authority has

heretofore been delegated, or to whom

authority may hereafter be delegated, to

act in his stead.

(d) The term Administrator means the

Administrator of the Agricultural

Marketing Service, with power to

redelegate, or any officer or employee of

the Department to whom authority has

been delegated or may hereafter be

delegated to act in his stead.

(e) The term proceeding means a

proceeding before the Secretary arising

under sections 8a, 8b(b), 8c(14), 8e,

10(c) and 10(h).

(f) The term hearing means that part

of the proceeding which involves the

submission of evidence.

(g) The term marketing agreement

means any marketing agreement or any

amendment thereto which may be

entered into pursuant to section 8b of

the act.

(h) The term marketing order means

any order or any amendment thereto

which may be issued pursuant to

section 8c of the act, and after notice

and hearing as required by said section.

(i) The term handler means any

person who, by the terms of a marketing

order or marketing agreement, is subject

thereto, or to whom a marketing order

or marketing agreement is sought to be

made applicable.

(j) The term importer means any

person who, by the terms of section 8e

of the act, is subject thereto.

(k) The term person means any

individual, corporation, partnership,

association, or any other business unit.

§ 900.82 Stipulation procedures.

The Administrator, or the

Administrator’s representative, may, at

any time before the issuance of a

complaint seeking a civil penalty under

the Act, enter into a stipulation with

any handler or importer in accordance

with the following procedures:

(a) The Administrator, or the

Administrator’s representative, shall

give the handler or importer notice of

the alleged violation of the applicable

marketing order or marketing

agreement, or the requirements issued

pursuant to 7 U.S.C. 608b(b) and 7

U.S.C. 608e, and an opportunity for a

hearing thereon as provided by the Act;

(b) In agreeing to the proposed

stipulation, the handler or importer

expressly waives the opportunity for a

hearing and agrees to pay a specified

civil penalty within a designated time;

(c) The Administrator, or the

Administrator’s representative, agrees to

accept the specified civil penalty in

settlement of the particular matter

involved if it is paid within the

designated time;

(d) In cases where the handler or

importer does not pay the specified civil

penalty within the designated time, or

the handler or importer does not agree

to the stipulation, the Administrator

may issue an administrative complaint;

and

(e) The civil penalty that the

Administrator may have proposed in a

stipulation agreement shall have no

bearing on the civil penalty amount that

the Department may seek in a formal

administrative proceeding against the

same handler or importer for the same

alleged violation.

Dated: May 2, 1996.

Lon Hatamiya,

Administrator.

[FR Doc. 96–11461 Filed 5–7–96; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 979

[Docket No. FV96–979–1FIR]

Melons Grown in South Texas; Change

in Cantaloup Container Requirements

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 that

changed the container requirements for

cantaloups grown in South Texas under

Marketing Order No. 979 by increasing

the depth of cantaloup cartons from

103⁄8 to 113⁄8 inches. The South Texas

Melon Committee (committee), the

agency that locally administers the

marketing order for melons grown in

South Texas, unanimously

recommended this change. That change

allowed handlers to use deeper cartons

in shipping larger cantaloups. The use

of deeper cartons is expected to result

in less damage during packing and

shipment and foster buyer confidence.

The interim final rule also corrected

telephone area codes and removed outof-date handler assessment information.

EFFECTIVE DATE: June 7, 1996.

FOR FURTHER INFORMATION CONTACT:

Belinda G. Garza, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, 1313

East Hackberry, McAllen, TX 78501,

telephone 210–682–2833, FAX 210–

682–5942, or Robert F. Matthews,

Marketing Order Administration

Branch, Fruit and Vegetable Division,

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

2523–S, Washington, DC 20090–6456,

telephone 202–690–0464, FAX 202–

720–5698.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Agreement

No. 156 and Order No. 979 (7 CFR part

979) regulating the handling of melons

grown in South Texas, 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 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.

Pursuant to the 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.

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.
Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Rules and Regulations 20719

There are 27 handlers of South Texas

melons who are subject to regulation

under the marketing order and 30

producers in the production area. Small

agricultural service firms, which

include handlers, have been defined by

the Small Business Administration (13

CFR 121.601) 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. The majority of handlers

and producers of South Texas melons

may be classified as small entities.

At a public meeting on December 12,

1995, the committee unanimously

recommended, under the authority of

§ 979.52 of the order, increasing the

depth of cantaloup cartons. Section

979.304(b)(1) specified that the depth of

cantaloup cartons could be not more

than 103⁄8 nor less than 93⁄4 inches. A

tolerance of 1⁄4 inch was permitted. The

committee recommended a one inch

increase in depth to 113⁄8 inches.

In recent years, buyers have requested

increased supplies of larger cantaloups.

Handlers had experienced difficulty in

packing larger cantaloups without

bruising because the container depth

did not allow sufficient room for the

larger fruit and ice packed with the

cantaloups to keep them cool. Also,

without adequate carton space, proper

stacking on pallets was more difficult

and compression damage often occurred

to the cantaloups when loading and

shipping. Increasing the depth of

cantaloup cartons by one inch to 113⁄8

inches allows for proper stacking and

delivery of cantaloups without bruising

and other damage. This change is

expected to foster buyer satisfaction and

confidence. Handlers will not be

prevented from using their current

supply of smaller cartons if they desire.

Section 979.304(c)(4) designates

inspection stations in Alamo and

Laredo, for handlers who do not have

permanent packing facilities recognized

by the committee. The telephone area

codes specified for Alamo and Laredo

were not correct. The interim final rule

amended § 979.304(c)(4) to correct those

area codes from (502) and (512),

respectively, to (210).

Section 979.304(c)(5) specified that

handlers shall pay assessments on all

assessable melons according to the

provisions of § 979.42, at the rate of 3⁄4

cent per carton. The 3⁄4 cent per carton

rate of assessment has not been in effect

for a number of years. The current rate

of assessment is 7 cents per carton.

Also, because the assessment rate is

established by the Department in a

separate rulemaking document and

handlers are informed of the rate by the

committee through handler notices, the

rate of assessment does not need to be

referenced in these provisions.

Therefore, the words ‘‘at the rate of 3⁄4

cent per carton’’ in § 979.304(c)(5) were

removed.

The interim final rule was published

in the Federal Register on February 28,

1996 (61 FR 7408). That rule amended

§ 979.304 to change the container

requirements for cantaloups, to correct

the telephone area codes, and to remove

the out-of-date handler assessment

information. That rule provided that

interested persons could file comments

through March 29, 1996. No comments

were received.

Based on the above, the Agricultural

Marketing Service has determined that

this action will not have a significant

economic impact on a substantial

number of small entities.

After consideration of all relevant

matter presented, including the

information and recommendations

submitted by the Committee and other

available information, it is hereby 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 979

Marketing agreements, Melons,

Reporting and recordkeeping

requirements.

For the reason set forth in the

preamble, 7 CFR part 979 is amended as

follows:

PART 979—MELONS GROWN IN

SOUTH TEXAS

Accordingly, the interim final rule

amending § 979.304 which was

published at 61 FR 7408 on February 28,

1996, is adopted as a final rule without

change.

Dated: May 2, 1996.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 96–11462 Filed 5–7–96; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Parts 1002 and 1004

[DA–96–02]

Milk in the New York-New Jersey and

Middle Atlantic Marketing Areas;

Suspension of Certain Provisions of

the Orders

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Suspension of rules.

SUMMARY: This document suspends a

pooling provision of the New York-New

Jersey order and a provision in the

Middle Atlantic order’s base-excess

plan. The request for suspension was

submitted on behalf of several handlers

(cooperative and proprietary) who

market the milk of dairy farmers who

are located in a common supply area

and who have milk pooled under both

orders. This suspension will permit

more efficient assembly and

transportation of producer milk.

EFFECTIVE DATE: May 1, 1996, through

September 30, 1996.

FOR FURTHER INFORMATION CONTACT:

Gino M. Tosi, Marketing Specialist,

USDA/AMS/Dairy Division, Order

Formulation Branch, Room 2971, South

Building, PO Box 96456, Washington,

DC 20090–6456, (202) 690–1366.

SUPPLEMENTARY INFORMATION: Prior

document in this proceeding:

Notice of Proposed Suspension:

Issued March 27, 1996; published April

2, 1996 (61 FR 14514).

The Regulatory Flexibility Act (5

U.S.C. 601–612) requires the Agency to

examine the impact of a proposed rule

on small entities. Pursuant to 5 U.S.C.

605(b), the Agricultural Marketing

Service has certified that this rule will

not have a significant economic impact

on a substantial number of small

entities. This rule lessens the regulatory

impact of the order on certain milk

handlers and tends to ensure that dairy

farmers will continue to have their milk

priced under the orders and thereby

receive the benefits that accrue from

such pricing.

The Department is issuing this final

rule in conformance with Executive

Order 12866.

This final rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. This rule is not intended

to have a 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 Agricultural Marketing

Agreement Act of 1937, as amended (7

U.S.C. 601–674), 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 provisions of the

order, or any obligation imposed in

connection with the order is not in

accordance with law and request a

modification of an order or to be

exempted from the order. A handler is

afforded the opportunity for a hearing

on the petition. After a 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