Proposed Rule2021-13705
Tomatoes Grown in Florida; Reapportionment of Membership
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 28, 2021
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
This proposed rule would adjust the number of member seats apportioned to each district represented on the Florida Tomato Committee (Committee). The Department of Agriculture (USDA) is taking this action based on an amendatory change to the marketing order for tomatoes grown in Florida, which reduced the size of the Committee from 12 members to 10. This action would reduce the member seats in each of the two districts from six members and their alternates to five members and their alternates.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 121 (Monday, June 28, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 121 (Monday, June 28, 2021)]
[Proposed Rules]
[Pages 33913-33915]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-13705]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
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.
========================================================================
Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 /
Proposed Rules
[[Page 33913]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 966
[Doc. No. AMS-SC-21-0016; SC21-966-1 PR]
Tomatoes Grown in Florida; Reapportionment of Membership
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would adjust the number of member seats
apportioned to each district represented on the Florida Tomato
Committee (Committee). The Department of Agriculture (USDA) is taking
this action based on an amendatory change to the marketing order for
tomatoes grown in Florida, which reduced the size of the Committee from
12 members to 10. This action would reduce the member seats in each of
the two districts from six members and their alternates to five members
and their alternates.
DATES: Comments must be received by July 28, 2021.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposal. Comments must be sent to the Docket Clerk,
Marketing Order and Agreement Division, Specialty Crops Program, AMS,
USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-
0237; Fax: (202) 720-8938; or internet: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. All
comments should reference the document 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: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. All
comments submitted in response to this proposal will be included in the
record and will be made available to the public. Please be advised that
the identity of the individuals or entities submitting the comments
will be made public on the internet at the address provided above.
FOR FURTHER INFORMATION CONTACT: Steven W. Kauffman, Marketing
Specialist, or Christian D. Nissen, Regional Director, Southeast
Marketing Field Office, Marketing Order and Agreement Division,
Specialty Crops Program, AMS, USDA; Telephone: (863) 324-3375, Fax:
(863) 291-8614, or email: <a href="/cdn-cgi/l/email-protection#f5a6819083909bdbbe9480939398949bb580869194db929a83"><span class="__cf_email__" data-cfemail="95c6e1f0e3f0fbbbdef4e0f3f3f8f4fbd5e0e6f1f4bbf2fae3">[email protected]</span></a> or
<a href="/cdn-cgi/l/email-protection#d794bfa5bea4a3beb6b9f999bea4a4b2b997a2a4b3b6f9b0b8a1"><span class="__cf_email__" data-cfemail="387b504a514b4c5159561676514b4b5d56784d4b5c59165f574e">[email protected]</span></a>.
Small businesses may request information on complying with this
regulation by contacting Richard Lower, Marketing Order and Agreement
Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue
SW, STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, or
email: <a href="/cdn-cgi/l/email-protection#c391aaa0aba2b1a7ed8facb4a6b183b6b0a7a2eda4acb5"><span class="__cf_email__" data-cfemail="f6a49f959e978492d8ba99819384b683859297d8919980">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553,
proposes an amendment to regulations issued to carry out a marketing
order as defined in 7 CFR 900.2(j). This proposed rule is issued under
Marketing Agreement No. 125 and Order No. 966, as amended (7 CFR part
966), regulating the handling of tomatoes grown in Florida. Part 966
(referred to as 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 Committee locally
administers the Order and is comprised of producers operating within
the production area.
The Department of Agriculture (USDA) is issuing this proposed rule
in conformance with Executive Orders 12866 and 13563. Executive Orders
12866 and 13563 direct agencies to assess all costs and benefits of
available regulatory alternatives and, if regulation is necessary, to
select regulatory approaches that maximize net benefits (including
potential economic, environmental, public health and safety effects,
distributive impacts and equity). Executive Order 13563 emphasizes the
importance of quantifying both costs and benefits, reducing costs,
harmonizing rules, and promoting flexibility. This action falls within
a category of regulatory actions that the Office of Management and
Budget (OMB) exempted from Executive Order 12866 review.
This proposed rule has been reviewed under Executive Order 13175--
Consultation and Coordination with Indian Tribal Governments, which
requires agencies to consider whether their rulemaking actions would
have tribal implications. AMS has determined this proposed rule is
unlikely to have substantial direct effects on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes.
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This proposed rule is not intended to have
retroactive effect.
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.
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 proposed rule invites comments on changes to the Committee
membership as prescribed in the Order. USDA is taking this action as a
conforming change following amendments to the Order published in the
Federal Register on November 16, 2020 (85 FR 72914). The amendments, in
part, reduced membership on the Committee from 12 members and their
alternates to 10 members and their alternates. This action would reduce
the member seats in each of the two districts from six members and
their alternates to five members and their alternates, maintaining
equitable representation on the Committee from both districts.
Section 966.22 provides for the establishment of membership on the
Committee. The ten members and their alternates shall be producers, or
officers or employees of a corporate producer, in
[[Page 33914]]
the district for which selected and a resident of the production area.
Section 966.160 defines the two districts from which producers serve as
representatives on the Committee.
Section 966.25 provides the authority for the Committee to
recommend, with the approval of the Secretary, reapportionment of
members among districts, and the reestablishment of districts within
the production area. Section 966.161 apportions Committee membership
among the two districts pursuant to Sec. 966.25.
The Committee met on November 1, 2018, and February 27, 2019, to
recommend changes to the Order. These recommendations included reducing
the Committee size from 12 members to 10; reducing the number of
districts in the production area from four districts to two,
maintaining that membership on the Committee be divided evenly between
the two districts. The reduction to two districts and the
reapportionment of Committee membership that provided equal
representation of six members in each of those newly formed districts
were completed under a separate rulemaking action published in the
Federal Register on September 26, 2019 (84 FR 50711).
During the Committee's discussion of the amendments and the
reduction in Committee size, members indicated they wanted to maintain
the equity in membership between the two districts. With the reduction
in the Committee size from 12 members and their alternates to 10
members and their alternates, this rule would make a conforming change
to the Committee membership as apportioned in Sec. 966.161. This
action would reduce the seats in each district from six members and
their alternates to five members and their alternates. This would
maintain the equitable representation on the Committee and bring the
number of apportioned seats in line with the reduced number of members
authorized in the Order.
Accordingly, each district would nominate five members and five
alternates for a total of 10 members and 10 alternate nominees to serve
on the Committee.
Initial Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS)
has considered the economic impact of this proposed rule 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
businesses subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. Marketing orders issued
pursuant to the Act, and the 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 65 producers of Florida tomatoes in the
production area and 41 handlers subject to regulation under the Order.
Small agricultural producers are defined by the Small Business
Administration (SBA) as those having annual receipts less than
$1,000,000 and small agricultural service firms are defined as those
whose annual receipts are less than $30,000,000 (13 CFR 121.201).
With an estimated producer price of $14.00 per 25-pound container,
the number of Florida tomato producers, and a normal distribution
assumed, the average annual producer revenue is above $1,000,000,
($14.00 times 22.3 million containers equals $312,200,000 divided by 65
producers equals $4,803,077 per producer). Thus, the majority of
producers of Florida tomatoes may be classified as large entities.
According to industry and Committee data, the average annual price
for fresh Florida tomatoes during the 2019-20 season was approximately
$19.07 per 25-pound container, and total fresh shipments were 22.3
million containers. Using the average price and shipment information,
the number of handlers, and a normal distribution assumed, the majority
of handlers have average annual receipts of less than $30,000,000,
($19.07 times 22.3 million containers equals $425,261,000 divided by 41
handlers equals $10,372,220 per handler). Thus, the majority of
handlers of Florida tomatoes may be classified as small entities.
This proposed rule would adjust the number of member seats
apportioned on the Committee. USDA is taking this action based on an
amendatory change to the Order, which reduced the size of the Committee
from 12 members to 10. This action would reduce the member seats in
each of the two districts from six members and their alternates to five
members and their alternates. This change would revise Sec. 966.161
pursuant to the authority in Sec. 966.25.
It is not anticipated that this action would impose any additional
costs on the industry. This change is a conforming change and would not
establish any new regulatory requirements on handlers. There would be
no change in financial costs, reporting, or recordkeeping requirements
because of this action.
This action would reduce the apportioned members from six members
and their alternates to five members and their alternates in each of
the two districts to reflect the recent amendatory action which reduced
the size of the Committee. The balance of representation on the
Committee would remain the same with member seats divided evenly
between the two districts. The effects of this rule would not be
disproportionately greater or less for small entities than for larger
entities.
Alternatives to reapportionment were discussed and considered by
the Committee. However, these alternatives were rejected. The Committee
agreed that given the number of producers had decreased, reducing the
Committee size would make it more reflective of today's industry. The
Committee also wanted to maintain the balance of representation between
the two districts. With the amendatory change to the Order, this action
is necessary to make the regulations conform to the Order requirements.
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), the Order's information collection requirements have been
previously approved by OMB and assigned OMB No. 0581-0178, Vegetable
and Specialty Crops. No changes in those requirements would be
necessary because of this proposed rule. Should any changes become
necessary, they would be submitted to OMB for approval.
This proposed rule would not impose any additional reporting or
recordkeeping requirements on either small or large Florida tomato
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.
The Committee's meetings are widely publicized throughout the
Florida tomato industry, and all interested persons are invited to
attend the meetings and participate in Committee deliberations on all
issues. Like all Committee meetings, the November 1, 2018, and February
27, 2019, meetings were open to the public, 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 information collection
impacts of this action on small businesses.
AMS is committed to complying with the E-Government Act, to promote
the
[[Page 33915]]
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 proposed rule.
A small business guide on complying with fruit, vegetable, and
specialty crop marketing agreements and orders may be viewed at: <a href="http://www.ams.usda.gov/rules-regulations/moa/small-businesses">http://www.ams.usda.gov/rules-regulations/moa/small-businesses</a>. Any questions
about the compliance guide should be sent to Richard Lower at the
previously mentioned address in the FOR FURTHER INFORMATION CONTACT
section.
A 30-day comment period is provided to allow interested persons to
respond to this proposal. All written comments timely received will be
considered before a final determination is made on this matter.
List of Subjects in 7 CFR Part 966
Marketing agreements, Reporting and recordkeeping requirements,
Tomatoes.
For the reasons set forth in the preamble, 7 CFR part 966 is
proposed to be amended as follows:
PART 966--TOMATOES GROWN IN FLORIDA
0
1. The authority citation for 7 CFR part 966 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
0
2. Revise Sec. 966.161 to read as follows:
Sec. 966.161 Reapportionment of committee membership.
Pursuant to Sec. 966.25, industry membership on the Florida Tomato
Committee shall be reapportioned as follows:
(a) District 1--five members and their alternates.
(b) District 2--five members and their alternates.
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2021-13705 Filed 6-25-21; 8:45 am]
BILLING CODE P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on June 28, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.