[Federal Register Volume 60, Number 204 (Monday, October 23, 1995)]
[Rules and Regulations]
[Pages 54291-54292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26205]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
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Federal Register / Vol. 60, No. 204 / Monday, October 23, 1995 /
Rules and Regulations
[[Page 54291]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 906
[Docket No. FV95-906-3-IFR]
Oranges and Grapefruit Grown in the Lower Rio Grande Valley in
Texas; Interim Final Rule to Temporarily Relax Size Requirements for
Texas Grapefruit
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule.
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SUMMARY: This interim final rule temporarily relaxes the minimum size
requirements for Texas grapefruit for the entire 1995-96 season. This
interim final rule is designed to help the Texas citrus industry
successfully market the 1995-96 season grapefruit crop.
EFFECTIVE DATE: October 23, 1995. Comments received by November 22,
1995, will be considered prior to issuance of a final rule.
ADDRESSES: Interested persons are invited to submit written comments
concerning this interim final rule to: Docket Clerk, Fruit and
Vegetable Division, AMS, USDA, P.O. Box 96456, room 2523-S, Washington,
DC 20090-6456; FAX: 202-720-5698. Three copies of all written material
shall be submitted, and they will be made available for public
inspection at the office of the Docket Clerk during regular business
hours. All comments should reference the docket number, date, and page
number of this issue of the Federal Register.
FOR FURTHER INFORMATION CONTACT: Charles L. Rush, Marketing Order
Administration Branch, Fruit and Vegetable Division, AMS, USDA, P.O.
Box 96456, room 2523-S, Washington, DC 20090-6456; telephone: 202-690-
3670; or Belinda G. Garza, McAllen Marketing Field Office, USDA/AMS,
1313 East Hackberry, McAllen, Texas 78501; telephone: 210-682-2833.
SUPPLEMENTARY INFORMATION: This interim final rule is issued under
Marketing Agreement and Marketing Order No. 906 (7 CFR part 906)
regulating the handling of oranges and grapefruit grown in the Lower
Rio Grande Valley in Texas, hereinafter referred to as the order. This
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 (Department) is issuing this rule in
conformance with Executive Order 12866.
This interim final rule has been reviewed under Executive Order
12778, Civil Justice Reform. This interim final 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 requesting 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 in equity to review the
Secretary's ruling on the petition, provided a bill in equity 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 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 about 15 citrus handlers subject to regulation under the
order covering oranges and grapefruit grown in Texas, and about 750
producers of these citrus fruits in Texas. Small agricultural service
firms, which includes grapefruit 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 whose annual receipts are less than $500,000. A
majority of these handlers and producers may be classified as small
entities.
The Texas Valley Citrus Committee (committee) met on August 15,
1995, and recommended relaxing the size requirements for Texas
grapefruit. The committee meets prior to and during each season to
review the handling regulations effective on a continuous basis for
each citrus fruit regulated under the order. Committee meetings are
open to the public, and interested persons may express their views at
these meetings. The Department reviews committee recommendations and
information, as well as information from other sources, and determines
whether modification, suspension, or termination of the handling
regulations would tend to effectuate the declared policy of the Act.
Minimum grade and size requirements for fresh grapefruit grown in
Texas are in effect under Sec. 906.365 (7 CFR 906.365). This rule
amends Sec. 906.365 by revising paragraph (a)(4) to permit shipment of
grapefruit measuring at least 3\5/16\ inches in diameter (pack size
112) and grading at least U.S. No. 1 for the entire 1995-96 season
ending June 30, 1996.
Section 906.365 establishes minimum size requirements for Texas
grapefruit. During the period November 16 through January 31 each
season, grapefruit must be at least pack size 96, that is the minimum
diameter for the grapefruit in any lot is 3\9/16\ inches. At other
times, grapefruit that is pack size 112, except that the minimum
diameter for grapefruit in any lot is 3\5/16\ inches, may be shipped if
it grades at least U.S. No. 1. The minimum grade requirement for
[[Page 54292]]
grapefruit is U.S. No. 2. This interim final rule provides that pack
size 112 grapefruit may be shipped throughout the entire 1995-96 season
if such grapefruit grade at least U.S. No. 1. This relaxation is
similar to the relaxations which were issued for the 1993-94 and 1994-
95 seasons.
Permitting shipments of pack size 112 grapefruit grading at least
U.S. No. 1 for the remainder of the 1995-96 season will enable Texas
grapefruit handlers to meet market needs and compete with similar sized
grapefruit expected to be shipped from Florida.
This relaxation is expected to help the Texas citrus industry
successfully market its 1995-96 season grapefruit crop and have a
positive effect on producer returns. Permitting shipments of pack size
112 grapefruit grading at least U.S. No. 1 for the entire 1995-96
season will enable Texas grapefruit handlers to meet market needs. This
interim final rule is based on the current and prospective crop and
market conditions for Texas grapefruit. Fresh Texas grapefruit
shipments are expected to begin in late September this season.
This interim final rule reflects the committee's and the
Department's appraisal of the need to temporarily relax minimum size
requirements for fresh Texas-grown grapefruit, as specified. The
Department's view is that this interim final rule will have a
beneficial impact on Texas producers and handlers of fresh grapefruit,
since it enables such producers and handlers to make available the
quality and sizes of grapefruit needed to meet consumer needs
consistent with 1995-96 season crop and market conditions.
Based on the above, the Administrator of the AMS has determined
that this interim final rule 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 TVCC 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.
Pursuant to 5 U.S.C. 553, it is also found and determined upon good
cause that it is impracticable, unnecessary, and contrary to the public
interest to give preliminary notice prior to putting this rule into
effect and that good cause exists for not postponing the effective date
of this action until 30 days after publication in the Federal Register
because: (1) The 1995-96 season began September 13; (2) Texas citrus
handlers are aware of this relaxation which was recommended by the TVCC
at a public meeting, and they will need no additonal time to comply
with such requirements; and (3) this interim final rule provides a 30-
day comment period, and all comments timely received will be considered
prior to finalization of this rule.
List of Subjects in 7 CFR Part 906
Grapefruit, Marketing agreements, Oranges, Reporting and
recordkeeping requirements.
For the reasons set forth in the preamble, 7 CFR part 906 is
amended as follows:
PART 906--ORANGES AND GRAPEFRUIT GROWN IN THE LOWER RIO GRANDE
VALLEY IN TEXAS
1. The authority citation for 7 CFR part 906 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
2. Section 906.365 is amended by revising paragraph (a)(4) to read
as follows:
Sec. 906.365 Texas Orange and Grapefruit Regulation 34.
(a) * * *
(4) Such grapefruit are at least pack size 96, except that the
minimum diameter limit for pack size 96 grapefruit in any lot shall be
3\9/16\ inches: Provided, That any handler may handle grapefruit,
except during the period November 16 through January 31 each season,
which are smaller than pack size 96, if such grapefruit grade at least
U.S. No. 1 and they are at least pack size 112, except that the minimum
diameter limit for pack size 112 grapefruit in any lot shall be 3\5/16\
inches: Provided further, That for the period beginning October 23,
1995, and ending June 30, 1996, any handler may handle grapefruit if
such grapefruit grade at least U.S. No. 1 and they are at least pack
size 112, except that the minimum diameter limit for pack size 112
grapefruit in any lot shall be 3\5/16\ inches in diameter.
* * * * *
Dated: October 17, 1995.
Sharon Bomer Lauritsen,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 95-26205 Filed 10-20-95; 8:45 am]
BILLING CODE 3410-02-P
