[Federal Register: January 29, 2008 (Volume 73, Number 19)]
[Proposed Rules]
[Page 5130-5132]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ja08-17]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 905
[Docket No. AO-85-A10; AMS-FV-07-0132; FV08-905-1]
Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida;
Hearing on Proposed Amendment of Marketing Agreement 84 and Order No.
905
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice of hearing on proposed rulemaking.
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SUMMARY: Notice is hereby given of a public hearing to receive evidence
on proposed amendments to Marketing Agreement No. 84 and Order No. 905
(order), which regulate the handling of oranges, grapefruit,
tangerines, and tangelos (citrus) grown in Florida. Four amendments are
proposed by the Citrus Administrative Committee (committee), which is
responsible for local administration of the order. These proposed
amendments would: modify committee representation by cooperative
entities; allow additional alternates to represent absent members of
the committee to better meet quorum requirements; add authority to
conduct committee meetings by telephone or other means of
communication; and add authority for marketing promotions, including
paid advertising, and production research for fresh Florida citrus. In
addition, the Agricultural Marketing Service (AMS) proposes to make any
such changes as may be necessary to the order to conform to any
amendment that may result from the hearing. These proposed amendments
are intended to improve the operation and administration of the order.
DATES: The hearing dates are February 12, 2008, 9 a.m. to 5 p.m.; and
continuing on February 13, 2008, at 9 a.m., if necessary, in Winter
Haven, Florida.
ADDRESSES: The hearing will be held at the Florida Department of
Agriculture and Consumer Services, 500 3rd Street, NW., Winter Haven,
FL 33881.
FOR FURTHER INFORMATION CONTACT: Melissa Schmaedick, Marketing Order
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1220
S.W. Third Avenue, Room 385, Portland, Oregon 97204; Telephone: (503)
326-2724, Fax: (503) 326-7440, or e-mail: Melissa.Schmaedick@usda.gov;
or Laurel May, 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: Laurel.May@usda.gov.
Small businesses may request information on this proceeding 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 administrative action is instituted
pursuant to the Agricultural Marketing Agreement Act of 1937, as
amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.''
This action is governed by the provisions of sections 556 and 557 of
title 5 of the United States Code and, therefore, is excluded from the
requirements of Executive Order 12866.
The Regulatory Flexibility Act (5 U.S.C. 601-612) seeks to ensure
that within the statutory authority of a program, the regulatory and
informational requirements are tailored to the size and nature of small
businesses. Interested persons are invited to present evidence at the
hearing on the possible regulatory and informational impacts of the
proposals on small businesses.
The amendments proposed herein have been reviewed under Executive
Order 12988, Civil Justice Reform. They are not intended to have
retroactive effect. If adopted, the proposed amendments would not
preempt any State or local laws, regulations, or policies, unless they
present an irreconcilable conflict with the proposals.
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 is afforded the opportunity for a hearing 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 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.
The hearing is called pursuant to the provisions of the Act and the
applicable rules of practice and procedure governing the formulation of
marketing agreements and orders (7 CFR part 900).
The proposed amendments were recommended by the committee on May
29, 2007, and submitted to USDA on August 16, 2007. After reviewing the
proposals and other information submitted by the committee, USDA made a
determination to schedule this matter for hearing. The proposed
amendments to the order recommended by the committee are summarized as
follows:
1. Reduce committee representation by producers and shippers
affiliated with cooperative marketing organizations. This proposal
would amend Sec. 905.23, Selection, and would result in conforming
changes being made to Sec. 905.22, Nominations.
2. Add authority to allow additional alternates to represent absent
committee members at committee meetings to better meet quorum
requirements. This proposal would amend Sec. 905.29, Inability of
members to serve.
3. Add authority to conduct committee meetings by telephone or
other means of communication technology. This proposal would amend
Sec. 905.34, Procedure of committees.
4. Add a new Sec. 905.54 to provide authority to establish and
conduct research and promotion activities, including paid advertising.
The committee works with USDA in administering the order. These
proposals submitted by the committee
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have not received the approval of USDA. The committee believes that its
proposed changes would improve the operation and administration of the
order by reallocating committee membership to better reflect current
industry makeup and by fostering greater participation in committee
business meetings. The committee also believes that the research and
promotional needs of the fresh citrus industry would be better
addressed though programs administered under order authority.
In addition to the proposed amendments to the order, AMS proposes
to make any such changes as may be necessary to the order to conform to
any amendment that may result from the hearing.
The public hearing is held for the purpose of: (i) Receiving
evidence about the economic and marketing conditions which relate to
the proposed amendments of the order; (ii) determining whether there is
a need for the proposed amendments to the order; and (iii) determining
whether the proposed amendments or appropriate modifications thereof
will tend to effectuate the declared policy of the Act.
Testimony is invited at the hearing on all the proposals and
recommendations contained in this notice, as well as any appropriate
modifications or alternatives.
All persons wishing to submit written material as evidence at the
hearing should be prepared to submit four copies of such material at
the hearing and should have prepared testimony available for
presentation at the hearing.
From the time the notice of hearing is issued and until the
issuance of a final decision in this proceeding, USDA employees
involved in the decisional process are prohibited from discussing the
merits of the hearing issues on an ex parte basis with any person
having an interest in the proceeding. The prohibition applies to
employees in the following organizational units: Office of the
Secretary of Agriculture; Office of the Administrator, AMS; Office of
the General Counsel; and the Fruit and Vegetable Programs, AMS.
Procedural matters are not subject to the above prohibition and may
be discussed at any time.
List of Subjects in 7 CFR Part 905
Grapefruit, Marketing agreements, Oranges, Reporting and
recordkeeping requirements, Tangelos, Tangerines.
PART 905--ORANGES, GRAPEFRUIT, TANGERINES, AND TANGELOS GROWN IN
FLORIDA
For the reasons set forth in the preamble, 7 CFR part 905 is
proposed to be amended as follows:
1. The authority citation for 7 CFR part 905 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
2. Testimony is invited on the following proposals or appropriate
alternatives or modifications to such proposals.
Proposals submitted by the Citrus Administrative Committee:
Proposal Number 1
3. Amend Sec. 905.22 by revising paragraphs (a)(2) and (b)(2) to
read as follows:
Sec. 905.22 Nominations.
(a) * * *
(1) * * *
(2) Each nominee shall be a producer in the district from which he
or she is nominated. In voting for nominees, each producer shall be
entitled to cast one vote for each nominee in each of the districts in
which he is a producer. At least two of the nominees and their
alternates so nominated shall be affiliated with a bona fide
cooperative marketing organization.
(b) * * *
(1) * * *
(2) Nomination of at least two members and their alternates shall
be made by bona fide cooperative marketing organizations which are
handlers. Nominations for not more than six members and their
alternates shall be made by handlers who are not so affiliated. In
voting for nominees, each handler or his authorized representative
shall be entitled to cast one vote, which shall be weighted by the
volume of fruit by such handler during the then current fiscal period.
4. Revise Sec. 905.23 to read as follows:
Sec. 905.23 Selection.
(a) From the nominations made pursuant to Sec. 905.22(a) or from
other qualified persons, the Secretary shall select one member and one
alternate member to represent District 2 and two members and two
alternate members each to represent Districts 1, 3, 4, and 5 or such
other number of members and alternate members from each district as may
be prescribed pursuant to Sec. 905.14. At least two such members and
their alternates shall be affiliated with bona fide cooperative
marketing organizations.
(b) From the nominations made pursuant to Sec. 905.22(b) or from
other qualified persons, the Secretary shall select at least two
members and their alternates to represent bona fide cooperative
marketing organizations which are handlers, and the remaining members
and their alternates to represent handlers who are not so affiliated.
Proposal Number 2
5. In Sec. 905.29, redesignate paragraph (b) as paragraph (c), and
add a new paragraph (b) to read as follows:
Sec. 905.29 Inability of members to serve.
* * * * *
(b) If both a member and his or her respective alternate are unable
to attend a committee meeting, such member may designate another
alternate to act in his or her place in order to obtain a quorum:
Provided, that such alternate represents the same district and group
affiliation as the absent member. If the member is unable to designate
such an alternate, the committee members present may designate such
alternate: Provided that, to the extent possible, the substitute
alternate represents the same district and group affiliation of the
absent member.
* * * * *
Proposal Number 3
6. Revise paragraph (c) of Sec. 905.34 to read as follows:
Sec. 905.34 Procedure of committees.
* * * * *
(c) The committee may provide for meeting by telephone, telegraph,
or other means of communication, and any vote cast at such a meeting
shall be promptly confirmed in writing: Provided, That if any assembled
meeting is held, all votes shall be cast in person.
* * * * *
Proposal Number 4
7. Add a new Sec. 905.54 to read as follows:
Sec. 905.54 Marketing, research and development.
The committee may, with the approval of the Secretary, establish,
or provide for the establishment of, projects including production
research, marketing research and development projects, and marketing
promotion including paid advertising, designed to assist, improve, or
promote the marketing, distribution, and consumption or efficient
production of fruit. The expenses of such projects shall be paid by
funds collected pursuant to Sec. 905.41. Upon conclusion of each
project, but at least annually, the
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committee shall summarize the program status and accomplishments to its
members and the Secretary. A similar report to the committee shall be
required of any contracting party on any project carried out under this
section. Also, for each project, the contracting party shall be
required to maintain records of money received and expenditures, and
such shall be available to the committee and the Secretary.
Proposal Submitted by USDA
Proposal Number 5
Make other such changes as may be necessary to the order to conform
with any amendment thereto that may result from the hearing.
Dated: January 24, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. 08-362 Filed 1-25-08; 9:15 am]
BILLING CODE 3410-02-P