[Federal Register Volume 60, Number 228 (Tuesday, November 28, 1995)]
[Rules and Regulations]
[Pages 58497-58499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28925]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 905 and 944
[Docket No. FV95-905-3IFR]
Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida;
and Import Regulations (Grapefruit); Relaxation of the Minimum Size
Requirement for Red Grapefruit
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule with request for comments.
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SUMMARY: This interim final rule makes a change in regulations under
the Florida citrus marketing order and grapefruit import regulations.
This rule relaxes the minimum size requirement for red seedless
grapefruit to 3\5/16\ inches in diameter (size 56). The Citrus
Administrative Committee (Committee), the agency that locally
administers the marketing order for oranges, grapefruit, tangerines,
and tangelos grown in Florida, unanimously recommended this change.
This change will enable handlers and importers to continue to ship size
56 red seedless grapefruit for the entire 1995-96 season.
DATES: Effective on November 13, 1995; comments received by December
28, 1995, will be considered prior to issuance of a final rule.
ADDRESSES: Interested persons are invited to submit written comments
concerning this rule. Comments must be sent in triplicate to the Docket
Clerk, Fruit and Vegetable Division, AMS, USDA, room 2525-S, PO Box
96456, Washington, DC 20090-6456, FAX Number (202) 720-5698. 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.
FOR FURTHER INFORMATION CONTACT: William G. Pimental, Marketing
Specialist, Southeast Marketing Field Office, Fruit and Vegetable
Division, AMS, USDA, PO Box 2276, Winter Haven, Florida 33883-2276;
telephone: 813-299-4770; or Caroline C. Thorpe, Marketing Specialist,
Marketing Order Administration Branch, F&V, AMS, USDA, Room 2522-S, PO
Box 96456, Washington, DC 20090-6456; telephone: (202) 720-8139.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Order
No. 905 (7 CFR part 905), as amended, 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.
This interim final rule is also issued under section 8e of the Act,
which provides that whenever specified commodities, including
grapefruit, are regulated under a Federal marketing order, imports of
these commodities into the United States are prohibited unless they
meet the same or comparable grade, size, quality, or maturity
requirements as those in effect for the domestically produced
commodities. Section 8e also provides that whenever two or more
marketing orders regulate the same commodity produced in different
areas of the United States, the Secretary shall determine which area
the imported commodity is in most direct competition with and apply
regulations based on that area to the imported commodity. The Secretary
has determined that grapefruit imported into the United States are in
most direct competition with grapefruit grown in Florida regulated
under Marketing Order No. 905, and has found that the minimum grade and
size requirements for imported grapefruit should be the same as those
established for grapefruit under Marketing Order No. 905.
[[Page 58498]]
The Department of Agriculture 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 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.
There are no administrative procedures which must be exhausted
prior to any judicial challenge to the provisions of import regulations
issued under section 8e of the Act.
Pursuant to 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. Import regulations issued under
the Act are based on those established under Federal marketing orders.
There are approximately 100 handlers of Florida citrus who are
subject to regulation under the marketing order and approximately
12,000 producers of citrus in the regulated area, and about 25
grapefruit importers. Small agricultural service firms are 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. The majority of handlers, producers, and importers of Florida
citrus may be classified as small entities.
The order for Florida citrus provides for the establishment of
minimum grade and size requirements. The minimum grade and size
requirements are designed to provide fresh markets with fruit of
acceptable quality, thereby maintaining consumer confidence for fresh
Florida citrus. This helps create buyer confidence and contributes to
stable marketing conditions. This is in the interest of producers,
packers, and consumers, and is designed to increase returns to Florida
citrus growers.
This interim final rule invites comments on a change to the order's
rules and regulations to relax the minimum size requirement for red
seedless grapefruit allowing for the continued shipment of size 56
grapefruit. The Committee met September 14, 1995, and unanimously
recommended this action.
This rule relaxes the minimum size from size 48 (3\9/16\ inches
diameter) to size 56 (3\5/16\ inches diameter) for the period November
13, 1995 through November 10, 1996. Absent this change, the size will
revert back to size 48 (3\9/16\ inches diameter), on November 13, 1995.
Section 905.52, in part, authorizes the Committee to recommend
minimum grade and size regulations to the Secretary. Section 905.306 (7
CFR 905.306) specifies minimum grade and size requirements for
different varieties of fresh Florida grapefruit. Such requirements for
domestic shipments are specified in Sec. 905.306 in Table I of
paragraph (a), and for export shipments in Table II of paragraph (b).
Minimum grade and size requirements for grapefruit imported into the
United States are currently in effect under Sec. 944.106 (7 CFR
944.106), as reinstated on July 26, 1993 (58 FR 39428, July 23,1993).
Export requirements are not changed by this rule.
In making its recommendation, the Committee considered estimated
supply and current shipments. The Committee reports that it expects
that fresh market demand will be sufficient to permit the shipment of
size 56 red seedless grapefruit grown in Florida during the entire
1995-96 season. The Committee believes that markets have been developed
for size 56 and that they should continue to supply those markets.
This size relaxation will enable Florida grapefruit shippers to
continue shipping size 56 red seedless grapefruit to the domestic
market. This rule will have a beneficial impact on producers and
handlers, since it will permit Florida grapefruit handlers to make
available those sizes of fruit needed to meet consumer needs. This is
consistent with current and anticipated demand in those markets for the
1995-96 season, and will provide for the maximization of shipments to
fresh market channels.
There are several exemptions to these regulations provided under
the order. Handlers may ship up to 15 standard packed cartons (12
bushels) of fruit per day, and up to 2 standard packed cartons of fruit
per day in gift packages which are individually addressed and not for
resale. Fruit shipped for animal feed is also exempt under specific
conditions. Fruit shipped to commercial processors for conversion into
canned or frozen products or into a beverage base are not subject to
the handling requirements.
Section 8e of the Act provides that when certain domestically
produced commodities, including grapefruit, are regulated under a
Federal marketing order, imports of that commodity must meet the same
or comparable grade, size, quality, and maturity requirements. Since
this rule will relax the minimum size requirement under the domestic
handling regulations, a corresponding change to the import regulations
must also be considered.
Minimum grade and size requirements for grapefruit imported into
the United States are currently in effect under Sec. 944.106 (7 CFR
944.106), as reinstated on July 26, 1993 (58 FR 39428, July 23, 1993).
This rule relaxes the minimum size requirements for imported red
seedless grapefruit to 3\5/16\ inches in diameter (size 56) for the
period November 13, 1995, through November 10, 1996, to reflect the
relaxation being made under the order for grapefruit grown in Florida.
The minimum grade and size requirements for Florida grapefruit are
specified in Sec. 905.306 (7 CFR 905.306) under Marketing Order No.
905.
In accordance with section 8e of the Act, the United States Trade
Representative has concurred with the issuance of this interim final
rule.
Based on these considerations, the Administrator of the AMS has
determined that this rule will not have a significant economic impact
on a substantial number of small entities.
After consideration of all relevant material presented, including
the Committee's recommendation, and other available information, it is
found that this interim final rule, as
[[Page 58499]]
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 rule until 30 days after publication in the
Federal Register because: (1) This rule relaxes the minimum size
requirements that would otherwise be in effect November 13, 1995, for
grapefruit grown in Florida, (2) Florida grapefruit handlers are aware
of this action which was unanimously recommended by the Committee at a
public meeting, and they will need no additional time to comply with
the relaxed requirements; (3) Florida grapefruit shipments began on
September 1, 1995, and the season will be well underway by November 13,
1995; and (4) this rule provides a 30-day comment period and any
comments received will be considered prior to finalization of this
interim final rule.
List of Subjects
7 CFR Part 905
Grapefruit, Marketing agreements, Oranges, Reporting and
recordkeeping requirements, Tangelos, Tangerines.
7 CFR Part 944
Avocados, Food grades and standards, Grapefruit, Grapes, Imports,
Kiwifruit, Limes, Olives, Oranges.
For the reasons set forth above, 7 CFR parts 905 and 944 are
amended as follows:
PART 905--ORANGES, GRAPEFRUIT, TANGERINES, AND TANGELOS GROWN IN
FLORIDA
1. The authority citation for 7 CFR parts 905 and 944 continues to
read as follows:
Authority: 7 U.S.C. 601-674.
2. Section 905.306 is amended by revising the entries for
grapefruit in paragraph (a), Table I, to read as follows:
Sec. 905.306 Orange, Grapefruit, Tangerine, and Tangelo Regulation.
(a) * * *
Table I
Minimum
Variety Regulation period Minimum grade diameter
(inches)
(1) (2)......................... (3)......................... (4)
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* * * * * *
*
Grapefruit
Seeded, except red....................... On and after 9/01/94........ U.S. No. 1.................. 3\12/16\
Seeded, red.............................. On and after 9/01/94........ U.S. No. 1.................. 3\12/16\
Seedless, red............................ 11/24/94-11/12/95........... U.S. No. 1.................. 3\5/16\
11/13/95-11/10/96........... U.S. No. 1.................. 3\5/16\
On and after 11/11/96....... U.S. No. 1.................. \39/16\
Seedless, except red..................... On and after 9/01/94........ U.S. No. 1.................. 3\9/16\
* * * * *
PART 944--FRUITS; IMPORT REGULATIONS
4. In Sec. 944.106, paragraph (a) is revised to read as follows:
Sec. 944.106 Grapefruit import regulation.
(a) Pursuant to Section 8e (7 U.S.C. 608e-1) of the Agricultural
Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), and
part 944--Fruits; Import Regulations, the importation into the United
States of any grapefruit is prohibited unless such grapefruit meet the
following minimum grade and size requirements for each specified
grapefruit classification:
Minimum
Grapefruit classification Regulation period Minimum grade diameter
(inches)
(1) (2)......................... (3)......................... (4)
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Seeded................................... On and after 09/01/94....... U.S. No. 1.................. 3\12/16\
Seedless, red............................ 11/24/94-11/12/95........... U.S. No. 1.................. 3\5/16\
11/13/95-11/10/96........... U.S. No. 1.................. 3\5/16\
On and after 11/11/96....... U.S. No. 1.................. 3\9/16\
Seedless, except red..................... On and after 09/01/94....... U.S. No. 1.................. 3\9/16\
* * * * *
Dated: November 20, 1995.
Martha B. Ransom,
Acting Deputy Director, Fruit and Vegetable Division.
[FR Doc. 95-28925 Filed 11-27-95; 8:45 am]
BILLING CODE 3410-02-P
