Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida; Temporary Suspension of Order Provisions Regarding Continuance Referenda, 50582-50584 [E8-19749]
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50582
Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Proposed Rules
NPPO of Chile will present a list of
certified production sites to APHIS.
(3) Post-harvest processing. After
harvest, all damaged or diseased fruits
must be culled at the packinghouse, and
the remaining fruit must be packed into
new, clean boxes, crates, or other
APHIS-approved packing containers for
fumigation with methyl bromide in
accordance with paragraph (e) of this
section, should such fumigation become
necessary.
(4) Phytosanitary inspection. The fruit
must be inspected in Chile at an APHISapproved inspection site under the
direction of APHIS inspectors in
coordination with the NPPO of Chile
after the post-harvest processing. A
biometric sample must be drawn and
examined from each consignment.
Grapes in any consignment may be
shipped to the continental United States
only if the consignment passes
inspection as follows:
(i) Fruit presented for inspection must
be identified in the shipping documents
accompanying each lot of fruit to
specify the production site(s) in which
the fruit was produced and the packing
shed(s) in which the fruit was
processed. This identification must be
maintained until the fruit is released for
entry into the United States.
(ii) A biometric sample of boxes,
crates, or other APHIS-approved
packing containers from each
consignment will be selected and the
fruit from these boxes, crates, or other
APHIS-approved packing containers
will be visually inspected for quarantine
pests, and a portion of the fruit will be
washed with soapy water and the
collected filtrate will be microscopically
examined for B. chilensis. If a single live
B. chilensis mite is found, the fruit will
be eligible for importation into the
United States only if it has been
fumigated in Chile in accordance with
paragraph (e) of this section. The
production site will be suspended from
the low prevalence certification program
and all subsequent lots of fruit from the
production site of origin will be
required to be fumigated in order to be
eligible for entry into the United States
for the remainder of the shipping
season.
(5) Phytosanitary certificates. Each
consignment of grapes must be
accompanied by a phytosanitary
certificate issued by the NPPO of Chile
that contains an additional declaration
stating that the grapes in the
consignment meet the conditions of
§ 319.56–49.
(e) Approved fumigation. Grapes that
do not meet the conditions of paragraph
(d) of this section may be imported into
the United States if the fruit is
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fumigated either in Chile or at the port
of first arrival to the United States with
methyl bromide for B. chilensis in
accordance with part 305 of this
chapter. An APHIS inspector will
monitor the fumigation of the fruit and
will prescribe such safeguards as may be
necessary for unloading, handling, and
transportation prior to fumigation. The
final release of the fruit for entry into
the United States will be conditioned
upon compliance with prescribed
safeguards and required treatments.
(f) Trust fund agreement. Grapes may
be imported into the United States
under this section only if the NPPO of
Chile or a private export group has
entered into a trust fund agreement with
APHIS in accordance with § 319.56–6.
Done in Washington, DC, this 22nd day of
August 2008.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E8–19875 Filed 8–26–08; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 905
[Docket No. AMS–FV–08–0016; FV08–905–
2 PR]
Oranges, Grapefruit, Tangerines, and
Tangelos Grown in Florida; Temporary
Suspension of Order Provisions
Regarding Continuance Referenda
Agricultural Marketing Service,
USDA.
ACTION: Proposed rule.
AGENCY:
SUMMARY: This rule invites comments
on a temporary suspension of the order
provision requiring periodic
continuance referenda under the Florida
citrus marketing order (order). This rule
would suspend for the current cycle the
order requirement that a continuance
referendum be held every sixth year.
The suspension is intended to minimize
the confusion that could result from the
overlap of the continuance referendum
and another referendum associated with
the amendatory process. It would also
allow producers time to evaluate the
results of the amendatory process before
voting on the continuance of the order.
DATES: Comments must be received by
September 26, 2008.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this proposal. Comments
must be sent to the Docket Clerk,
Marketing Order Administration
PO 00000
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Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence
Avenue, SW., STOP 0237, Washington,
DC 20250–0237; Fax: (202) 720–8938; or
Internet: https://www.regulations.gov. All
comments should reference the docket
number and the date and page number
of this issue of the Federal Register and
will be made available for public
inspection in the Office of the Docket
Clerk during regular business hours, or
can be viewed at: https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Doris Jamieson, Marketing Specialist, or
Christian D. Nissen, Regional Manager,
Southeast Marketing Field Office,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA; Telephone: (863) 324–
3375, Fax: (863) 325–8793, or e-mail:
Doris.Jamieson@usda.gov or
Christian.Nissen@usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Jay Guerber,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence
Avenue, SW., STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or e-mail:
Jay.Guerber@usda.gov.
SUPPLEMENTARY INFORMATION: This
proposal 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 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 of Agriculture
(USDA) is issuing this rule in
conformance with Executive Order
12866.
This proposal has been reviewed
under Executive Order 12988, Civil
Justice Reform. This rule is not intended
to have retroactive effect. This proposal
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 USDA 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
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Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Proposed Rules
is afforded the opportunity for a hearing
on the petition. After the hearing, USDA
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 USDA’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 proposal invites comments on a
temporary suspension of the order
provision requiring periodic
continuance referenda under the order.
This rule would suspend for the current
6-year cycle the order requirement that
a continuance referendum be held every
sixth year. The suspension is intended
to minimize the confusion that could
result from the overlap of the
continuance referendum and another
referendum associated with the
amendatory process. It would also allow
producers time to evaluate the results of
the amendatory process before voting on
the continuance of the order. The Citrus
Administrative Committee (Committee)
unanimously recommended this action
at a meeting on January 22, 2008.
Section 905.83(c) requires the
Secretary to conduct a referendum every
sixth year to ascertain whether
continuance of the order is favored by
producers. It has been six years since
the last continuance referendum, and
absent a temporary suspension of this
provision, the periodic continuance
referendum would need to be scheduled
and conducted this year. Additionally,
AMS is currently considering proposed
amendments to the order. The
amendment process potentially entails
conducting a referendum to ascertain
whether the proposed amendments are
favored by producers.
The Committee is concerned that the
overlap of the two processes could
confuse industry members and could
diminish voter participation in one or
both of the referenda. The Committee
manager and Committee members have
attended several industry meetings and
discussions regarding the proposed
amendments and the amendatory
process, including making the industry
aware of the potential producer
referendum and the opportunity to vote
on the proposed amendments. Without
the suspension of the continuance
referendum, growers could be receiving
the continuance referendum ballot in
the middle of the amendatory process.
As such, the timing of the ballot’s
receipt could cause some confusion
among growers as to the scope and
purpose of the ballot. Further, growers
receiving the ballot for the amendatory
process shortly after receiving the
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Jkt 214001
continuance referendum ballot might
disregard the second ballot. This could
negatively affect the voting process and
voter participation.
Consequently, the Committee
recommended suspending the
continuance referendum for the current
cycle to avoid any potential confusion.
This action would isolate the
amendment process and its referendum
from the periodic continuance
referendum so that producers would be
better informed regarding the issues
each ballot represents and would be
more likely to participate in both
referenda. The Committee expects that
the suspension of this cycle for the
continuance referendum would
minimize confusion and maximize
producer participation.
In addition, the temporary suspension
of the continuance referendum would
allow the industry time to operate under
any order changes that may be made as
a result of the current amendatory
process. This would give the industry
an opportunity to evaluate the effects of
any amendatory changes prior to voting
on the continuance of the order.
However, USDA believes that a
continuous referendum should be held
in the interim, rather than waiting
another full six year cycle. As such,
with the amendatory process scheduled
to be completed in 2009, USDA plans to
conduct the next continuance
referendum in 2010. The continuance
referendum cycle would then resume as
provided in § 905.83(c) in 2014.
Initial Regulatory Flexibility Analysis
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
initial 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 rules issued thereunder, are
unique in that they are brought about
through group action of essentially
small entities acting on their own
behalf.
There are approximately 55 handlers
subject to regulation under the
marketing order and approximately
8,000 producers of oranges, grapefruit,
tangerines, and tangelos in the
production area. Small agricultural
service firms are defined by the Small
Business Administration (SBA) as those
having annual receipts of less than
$6,500,000, and small agricultural
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50583
producers are defined as those having
annual receipts of less than $750,000
(13 CFR 121.201).
Based on industry and Committee
data, the average annual f.o.b. price for
fresh Florida citrus during the 2006–07
season was approximately $12.25 per
4⁄5-bushel carton, and total fresh
shipments were approximately 36.8
million cartons. Using the average f.o.b.
price and shipment data, at least 55
percent of the Florida citrus handlers
could be considered small businesses
under SBA’s definition. In addition,
based on production and producer
prices reported by the National
Agricultural Statistics Service, and the
total number of Florida citrus
producers, the average annual producer
revenue is less than $750,000.
Therefore, the majority of handlers and
producers of Florida citrus may be
classified as small entities.
This rule would suspend for the
current cycle the order requirement that
a continuance referendum be held every
sixth year. The suspension is intended
to minimize the confusion that could
result from the overlap of the
continuance referendum and a
referendum associated with the
amendatory processes. It would also
allow producers time to evaluate the
results of the amendatory process before
voting on continuance of the order. This
rule would temporarily suspend the
provisions of § 905.83(c) which specify
the continuance referendum
requirements. The Act authorizes
suspension of order provisions.
One alternative to this action would
be to conduct the continuance
referendum as scheduled. However, if
the continuance referendum was
conducted, the referendum period could
overlap with an amendment
referendum, which could cause some
voter confusion. The Committee was
concerned that the confusion would
lead to decreased grower participation.
Further, the Committee believes that
growers need time to evaluate the
effectiveness of the proposed
amendments before voting on
continuation of the order. Therefore,
this alternative was rejected.
This rule would temporarily suspend
the provisions of § 905.83(c) which
specify the continuance referendum
requirements. Accordingly, this rule
would not impose any additional
reporting or recordkeeping requirements
on either small or large Florida citrus
handlers. As with all Federal marketing
order programs, reports and forms are
periodically reviewed to reduce
information requirements and
duplication by industry and public
sector agencies.
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Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Proposed Rules
AMS is committed to complying with
the E-Government Act, to promote the
use of the Internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
USDA has not identified any relevant
Federal rules that duplicate, overlap or
conflict with this rule. In addition, the
Committee’s meeting was widely
publicized throughout the Florida citrus
industry and all interested persons were
invited to attend the meeting and
participate in Committee deliberations
on all issues. Like all Committee
meetings, the January 22, 2008, meeting
was a public meeting and all entities,
both large and small, were able to
express their views on this issue.
Finally, interested persons are invited to
submit comments on this proposed rule,
including the regulatory and
informational impacts of this action on
small businesses.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov/
AMSv1.0/ams.fetchTemplate
Data.do?template=TemplateN&page=
MarketingOrdersSmallBusinessGuide.
Any questions about the compliance
guide should be sent to Jay Guerber at
the previously mentioned address in the
FOR FURTHER INFORMATION CONTACT
section.
A 30-day comment is provided to
allow interested persons to respond to
this proposal. Thirty days is deemed
appropriate because this rule should be
implemented as soon as possible since
the marketing order continuance
referendum is scheduled for the current
season. Further, the Committee
discussed this issue at a public meeting
and interested parties had an
opportunity to provide input. All
written comments timely received will
be considered before a final
determination is made on this matter.
Grapefruit, Marketing agreements,
Oranges, Reporting and recordkeeping
requirements, Tangelos, Tangerines.
sroberts on PROD1PC70 with PROPOSALS
For the reasons set forth in the
preamble, 7 CFR part 905 is proposed to
be amended as follows:
PART 905—ORANGES, GRAPEFRUIT,
TANGERINES, AND TANGELOS
GROWN IN FLORIDA
Authority: 7 U.S.C. 601–674.
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16:55 Aug 26, 2008
Jkt 214001
Termination.
Dated: August 20, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. E8–19749 Filed 8–26–08; 8:45 am]
BILLING CODE 3410–02–P
POSTAL SERVICE
39 CFR Part 111
New Automation Requirements for
Detached Address Labels
Postal ServiceTM.
Proposed rule.
AGENCY:
ACTION:
SUMMARY: The Postal Service proposes
revisions to the Mailing Standards of
the United States Postal Service,
Domestic Mail Manual (DMM) for
detached address labels (DALs). To
increase efficiency and reduce handling
costs, we propose that DALs
accompanying saturation mailings of
Periodicals or Standard Mail flats must
be automation-compatible and have a
correct delivery point POSTNETTM
barcode or Intelligent Mail barcode
with an 11-digit routing code. This
proposal would not apply to DALs with
simplified addresses.
To be consistent with the current
requirement for return addresses, we are
proposing to add DALs to DMM
602.1.5.3, Required Use of Return
Address.
We must receive your comments
on or before September 26, 2008.
ADDRESSES: Mail or deliver written
comments to the Manager, Mailing
Standards, U.S. Postal Service, 475
L’Enfant Plaza, SW., Room 3436,
Washington, DC 20260–3436. You may
inspect and photocopy all written
comments, Monday through Friday
between 9 a.m. and 4 p.m., USPS
Headquarters Library, 475 L’Enfant
Plaza, SW., 11th Floor N, Washington,
DC. Do not submit comments via fax or
e-mail.
FOR FURTHER INFORMATION CONTACT:
Monica Grein at 202–268–8411.
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On June 7,
2007, at the request of many mailers, we
revised our standards to allow
advertising on the front of DALs
provided that the DALs were barcoded
and automation-compatible (see Postal
Bulletin 22208 and DMM 602.4.2.5.b).
This change provided mailers with the
ability to offset the DAL surcharge,
implemented in May 2007, with new
opportunities for advertising revenue.
Current mailing standards do not
require DALs that accompany saturation
mailings of Periodicals or Standard Mail
flats to be automation-compatible and
barcoded unless advertising appears on
the front. Automation-compatible and
barcoded DALs may be processed with
letter mail in delivery point sequence
(DPS) order, thereby eliminating the
need for carriers to manually case the
labels.
Except for DALs prepared with
simplified addresses, our proposal
would require that all DALs
accompanying saturation mailings of
Periodicals or Standard Mail flats be
automation-compatible and have a
correct delivery point POSTNET
barcode or Intelligent Mail barcode with
an 11-digit routing code.
We propose to allow mailers 90 days
after the publication date of the Federal
Register final rule to comply with the
new standards for DALs, to afford
mailers time to exhaust existing stock.
We suggest that mailers work with their
local mailpiece design analyst (MDA) to
ensure that any new DALs
accompanying saturation mailings of
Periodicals or Standard Mail flats meet
the new standards.
Ninety days from the publication of
the Federal Register final rule,
saturation flats mailings presented with
DALs that are not automationcompatible and barcoded will not
qualify for saturation prices but may be
entered at the basic carrier route price
for Periodicals mailings or the basic
Enhanced Carrier Route price for
Standard Mail mailings.
Although exempt from the notice and
comment requirements of the
Administrative Procedure Act [5 U.S. C.
of 553(b), (c)] regarding proposed
rulemaking by 39 U.S.C. 410(a), the
Postal Service invites public comments
on the following proposed revisions to
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM), incorporated by reference in the
Code of Federal Regulations. See 39
CFR 111.1.
SUPPLEMENTARY INFORMATION:
2. Amend paragraph (c) of § 905.83
by:
a. Designating the first sentence ‘‘The
Secretary shall conduct a referendum
six years after the effective date of this
paragraph and every sixth year
thereafter to ascertain whether
continuance of this part is favored by
producers’’ as paragraph (c)(1) and the
next two sentences as paragraph (c)(2).
b. Newly designated paragraph (c)(1)
is temporarily suspended for 2008.
DATES:
List of Subjects in 7 CFR Part 905
1. The authority citation for 7 CFR
part 905 continues to read as follows:
§ 905.83
Sfmt 4702
List of Subjects in 39 CFR Part 111
Administrative practice and
procedure, Postal Service.
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]]>Agencies
[Federal Register Volume 73, Number 167 (Wednesday, August 27, 2008)]
[Proposed Rules]
[Pages 50582-50584]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19749]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 905
[Docket No. AMS-FV-08-0016; FV08-905-2 PR]
Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida;
Temporary Suspension of Order Provisions Regarding Continuance
Referenda
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This rule invites comments on a temporary suspension of the
order provision requiring periodic continuance referenda under the
Florida citrus marketing order (order). This rule would suspend for the
current cycle the order requirement that a continuance referendum be
held every sixth year. The suspension is intended to minimize the
confusion that could result from the overlap of the continuance
referendum and another referendum associated with the amendatory
process. It would also allow producers time to evaluate the results of
the amendatory process before voting on the continuance of the order.
DATES: Comments must be received by September 26, 2008.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposal. Comments must be sent to the Docket Clerk,
Marketing Order Administration Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC
20250-0237; Fax: (202) 720-8938; or Internet: https://
www.regulations.gov. All comments should reference the docket number
and the date and page number of this issue of the Federal Register and
will be made available for public inspection in the Office of the
Docket Clerk during regular business hours, or can be viewed at: http:/
/www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Doris Jamieson, Marketing Specialist,
or Christian D. Nissen, Regional Manager, Southeast Marketing Field
Office, Marketing Order Administration Branch, Fruit and Vegetable
Programs, AMS, USDA; Telephone: (863) 324-3375, Fax: (863) 325-8793, or
e-mail: Doris.Jamieson@usda.gov or Christian.Nissen@usda.gov.
Small businesses may request information on complying with this
regulation by contacting Jay Guerber, Marketing Order Administration
Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence
Avenue, SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202)
720-2491, Fax: (202) 720-8938, or e-mail: Jay.Guerber@usda.gov.
SUPPLEMENTARY INFORMATION: This proposal 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 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 of Agriculture (USDA) is issuing this rule in
conformance with Executive Order 12866.
This proposal has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule is not intended to have retroactive effect.
This proposal 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 USDA 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
[[Page 50583]]
is afforded the opportunity for a hearing on the petition. After the
hearing, USDA 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 USDA'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 proposal invites comments on a temporary suspension of the
order provision requiring periodic continuance referenda under the
order. This rule would suspend for the current 6-year cycle the order
requirement that a continuance referendum be held every sixth year. The
suspension is intended to minimize the confusion that could result from
the overlap of the continuance referendum and another referendum
associated with the amendatory process. It would also allow producers
time to evaluate the results of the amendatory process before voting on
the continuance of the order. The Citrus Administrative Committee
(Committee) unanimously recommended this action at a meeting on January
22, 2008.
Section 905.83(c) requires the Secretary to conduct a referendum
every sixth year to ascertain whether continuance of the order is
favored by producers. It has been six years since the last continuance
referendum, and absent a temporary suspension of this provision, the
periodic continuance referendum would need to be scheduled and
conducted this year. Additionally, AMS is currently considering
proposed amendments to the order. The amendment process potentially
entails conducting a referendum to ascertain whether the proposed
amendments are favored by producers.
The Committee is concerned that the overlap of the two processes
could confuse industry members and could diminish voter participation
in one or both of the referenda. The Committee manager and Committee
members have attended several industry meetings and discussions
regarding the proposed amendments and the amendatory process, including
making the industry aware of the potential producer referendum and the
opportunity to vote on the proposed amendments. Without the suspension
of the continuance referendum, growers could be receiving the
continuance referendum ballot in the middle of the amendatory process.
As such, the timing of the ballot's receipt could cause some confusion
among growers as to the scope and purpose of the ballot. Further,
growers receiving the ballot for the amendatory process shortly after
receiving the continuance referendum ballot might disregard the second
ballot. This could negatively affect the voting process and voter
participation.
Consequently, the Committee recommended suspending the continuance
referendum for the current cycle to avoid any potential confusion. This
action would isolate the amendment process and its referendum from the
periodic continuance referendum so that producers would be better
informed regarding the issues each ballot represents and would be more
likely to participate in both referenda. The Committee expects that the
suspension of this cycle for the continuance referendum would minimize
confusion and maximize producer participation.
In addition, the temporary suspension of the continuance referendum
would allow the industry time to operate under any order changes that
may be made as a result of the current amendatory process. This would
give the industry an opportunity to evaluate the effects of any
amendatory changes prior to voting on the continuance of the order.
However, USDA believes that a continuous referendum should be held in
the interim, rather than waiting another full six year cycle. As such,
with the amendatory process scheduled to be completed in 2009, USDA
plans to conduct the next continuance referendum in 2010. The
continuance referendum cycle would then resume as provided in Sec.
905.83(c) in 2014.
Initial Regulatory Flexibility Analysis
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 initial 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 rules issued thereunder, are unique in that
they are brought about through group action of essentially small
entities acting on their own behalf.
There are approximately 55 handlers subject to regulation under the
marketing order and approximately 8,000 producers of oranges,
grapefruit, tangerines, and tangelos in the production area. Small
agricultural service firms are defined by the Small Business
Administration (SBA) as those having annual receipts of less than
$6,500,000, and small agricultural producers are defined as those
having annual receipts of less than $750,000 (13 CFR 121.201).
Based on industry and Committee data, the average annual f.o.b.
price for fresh Florida citrus during the 2006-07 season was
approximately $12.25 per \4/5\-bushel carton, and total fresh shipments
were approximately 36.8 million cartons. Using the average f.o.b. price
and shipment data, at least 55 percent of the Florida citrus handlers
could be considered small businesses under SBA's definition. In
addition, based on production and producer prices reported by the
National Agricultural Statistics Service, and the total number of
Florida citrus producers, the average annual producer revenue is less
than $750,000. Therefore, the majority of handlers and producers of
Florida citrus may be classified as small entities.
This rule would suspend for the current cycle the order requirement
that a continuance referendum be held every sixth year. The suspension
is intended to minimize the confusion that could result from the
overlap of the continuance referendum and a referendum associated with
the amendatory processes. It would also allow producers time to
evaluate the results of the amendatory process before voting on
continuance of the order. This rule would temporarily suspend the
provisions of Sec. 905.83(c) which specify the continuance referendum
requirements. The Act authorizes suspension of order provisions.
One alternative to this action would be to conduct the continuance
referendum as scheduled. However, if the continuance referendum was
conducted, the referendum period could overlap with an amendment
referendum, which could cause some voter confusion. The Committee was
concerned that the confusion would lead to decreased grower
participation. Further, the Committee believes that growers need time
to evaluate the effectiveness of the proposed amendments before voting
on continuation of the order. Therefore, this alternative was rejected.
This rule would temporarily suspend the provisions of Sec.
905.83(c) which specify the continuance referendum requirements.
Accordingly, this rule would not impose any additional reporting or
recordkeeping requirements on either small or large Florida citrus
handlers. As with all Federal marketing order programs, reports and
forms are periodically reviewed to reduce information requirements and
duplication by industry and public sector agencies.
[[Page 50584]]
AMS is committed to complying with the E-Government Act, to promote
the use of the Internet and other information technologies to provide
increased opportunities for citizen access to Government information
and services, and for other purposes.
USDA has not identified any relevant Federal rules that duplicate,
overlap or conflict with this rule. In addition, the Committee's
meeting was widely publicized throughout the Florida citrus industry
and all interested persons were invited to attend the meeting and
participate in Committee deliberations on all issues. Like all
Committee meetings, the January 22, 2008, meeting was a public meeting
and all entities, both large and small, were able to express their
views on this issue. Finally, interested persons are invited to submit
comments on this proposed rule, including the regulatory and
informational impacts of this action on small businesses.
A small business guide on complying with fruit, vegetable, and
specialty crop marketing agreements and orders may be viewed at: http:/
/www.ams.usda.gov/AMSv1.0/
ams.fetchTemplateData.do?template=TemplateN&page=MarketingOrdersSmallBus
inessGuide. Any questions about the compliance guide should be sent to
Jay Guerber at the previously mentioned address in the FOR FURTHER
INFORMATION CONTACT section.
A 30-day comment is provided to allow interested persons to respond
to this proposal. Thirty days is deemed appropriate because this rule
should be implemented as soon as possible since the marketing order
continuance referendum is scheduled for the current season. Further,
the Committee discussed this issue at a public meeting and interested
parties had an opportunity to provide input. All written comments
timely received will be considered before a final determination is made
on this matter.
List of Subjects in 7 CFR Part 905
Grapefruit, Marketing agreements, Oranges, Reporting and
recordkeeping requirements, Tangelos, Tangerines.
For the reasons set forth in the preamble, 7 CFR part 905 is
proposed to be amended as follows:
PART 905--ORANGES, GRAPEFRUIT, TANGERINES, AND TANGELOS GROWN IN
FLORIDA
1. The authority citation for 7 CFR part 905 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
Sec. 905.83 Termination.
2. Amend paragraph (c) of Sec. 905.83 by:
a. Designating the first sentence ``The Secretary shall conduct a
referendum six years after the effective date of this paragraph and
every sixth year thereafter to ascertain whether continuance of this
part is favored by producers'' as paragraph (c)(1) and the next two
sentences as paragraph (c)(2).
b. Newly designated paragraph (c)(1) is temporarily suspended for
2008.
Dated: August 20, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E8-19749 Filed 8-26-08; 8:45 am]
BILLING CODE 3410-02-P
