[Federal Register Volume 59, Number 215 (Tuesday, November 8, 1994)]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27752]
Federal Register / Vol. 59, No. 215 / Tuesday, November 8, 1994 /
[[Page Unknown]]
[Federal Register: November 8, 1994]
VOL. 59, NO. 215
Tuesday, November 8, 1994
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 905 and 944
[Docket No. FV94-905-4-IFR]
Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida
and Imported Grapefruit; Relaxation of the Minimum Size Requirement for
Red Seedless Grapefruit
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule with request for comments.
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SUMMARY: This interim final rule relaxes the minimum size requirement
for domestic shipments of Florida red seedless grapefruit and for red
seedless grapefruit imported into the United States to 3\5/16\ inches
in diameter (size 56) through November 12, 1995. Unless relaxed, the
minimum size requirement will increase under current requirements to
3\9/16\ inches in diameter (size 48) on November 7, 1994. This rule
enables handlers in Florida and importers to continue to ship size 56
red seedless grapefruit for the entire 1994-95 season.
DATES: Effective November 7, 1994; comments received by December 8,
1994 will be considered prior to issuance of any 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, P.O. Box
96456, Washington, DC 20090-6456. All comments should reference the
docket number and the date and page number of this issue of the Federal
Register and will be available for public inspection in the office of
the Docket Clerk during regular business hours.
FOR FURTHER INFORMATION CONTACT: William G. Pimental, Southeast
Marketing Field Office, USDA/AMS, P.O. Box 2276, Winter Haven, Florida
33883; telephone: 813-299-4770; or Mark Kreaggor, Marketing Order
Administration Branch, Fruit and Vegetable Division, AMS, USDA, P.O.
Box 96456, Room 2523-S, Washington, DC 20090-6456; telephone: 202-720-
1755.
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''. 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.
This 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.
The Department of Agriculture (Department) 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 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.
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 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. Import regulations issued under
the Act are based on those established under Federal marketing orders.
There are approximately 110 Florida citrus handlers subject to
regulation under the marketing order covering oranges, grapefruit,
tangerines, and tangelos grown in Florida, about 11,970 producers of
these citrus fruits in Florida, and about 25 grapefruit importers.
Small agricultural service firms, which include grapefruit handlers and
importers, have been defined by the Small Business Administration (13
CFR 121.601) as those whose annual receipts are 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,
importers, and producers 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 designated 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.
The Citrus Administrative Committee (committee), which administers
the order locally, makes recommendations to the Secretary of
Agriculture as to the grade and size of fruit that should garner
consumer acceptance. 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.
The committee met September 13, 1994, and unanimously recommended
that the minimum size requirement for domestic shipments of fresh red
seedless grapefruit be relaxed from size 48 to size 56 for the period
November 7, 1994, to November 12, 1995. Size 56 (3\5/16\ inches
diameter) is the minimum size until November 6, 1994. At that time,
absent this revision of the rules and regulations under the order, the
minimum size will revert to size 48 (3\9/16\ inches diameter).
Section 905.52, Issuance of regulations, 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
1994-95 season.
The committee recommended this relaxation in size to enable Florida
grapefruit shippers to continue shipping size 56 red seedless
grapefruit to the domestic market. This is consistent with current and
anticipated demand in those markets for the 1994-95 season, and will
provide for the maximization of shipments to fresh market channels.
There are several exemption provisions under the order. Handlers
may ship up to 15 standard packed cartons (12 bushels) of fruit per
day, and up to two standard packed cartons of fruit per day in gift
packages which are individually addressed and not for resale under
these provisions. 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.
This rule reflects the committee's and the Department's appraisal
of the need to relax the minimum size requirement for red seedless
grapefruit as specified. 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 consistent with this season's crop and market conditions.
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 relaxes the minimum size requirement under the domestic
handling regulations, a corresponding change to the import regulations
is necessary.
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 7, 1994, through November 12, 1995, to reflect the
relaxation being made under the order for grapefruit grown in Florida.
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 the above, 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 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) This rule relaxes the minimum size requirement currently in
effect for red seedless grapefruit grown in Florida and red seedless
grapefruit imported into the United States;
(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 size
requirement;
(3) shipment of the 1994-95 season Florida red seedless grapefruit
crop is expected to be well underway by November 7, 1994; and
(4) the rule provides a 30-day comment period, and any comments
received will be considered prior to any 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:
1. The authority citation for 7 CFR Parts 905 and 944 continues to
read as follows:
Authority: 7 U.S.C. 601-674.
PART 905--ORANGES, GRAPEFRUIT, TANGERINES, AND TANGELOS GROWN IN
FLORIDA
2. Section 905.306 is amended by revising the entries in Table I of
paragraph (a) for seedless, red grapefruit to read as follows:
Sec. 905.306 Orange, Grapefruit, Tangerine, and Tangelo Regulation.
(a) * * *
Table I
------------------------------------------------------------------------
Minimum
Variety(1) Regulation Minimum Grade(3) Diameter
Period(2) (Inches)(4)
------------------------------------------------------------------------
* * * * * * *
Grapefruit.........
* * * * * * *
Seedless, red.. 11/07/94-11/12/95. Improved No. 2 3\5/16\
External U.S. No.
1 Internal.
On and after 11/13/ Improved No. 2 3\9/16\
95. External U.S. No.
1 Internal.
------------------------------------------------------------------------
* * * * *
PART 944--FRUITS; IMPORT REGULATIONS
3. Section 944.106 is amended by revising paragraph (a) to read as
follows:
Sec. 944.106 Grapefruit import regulation.
(a) Pursuant to section 8e [7 U.S.C. Section 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 Regulation period Minimum grade diameter
classification (inches)
------------------------------------------------------------------------
Seeded............. On and after 07/26/ U.S. No. 1........ 3\12/16\
93.
Seedless, red...... 11/07/94-11/12/95. Improved No. 2 3\5/16\
External U.S. No.
1 Internal.
On and after 11/13/ Improved No. 2 3\9/16\
95. External U.S. No.
1 Internal.
Seedless, except On and after 07/26/ Improved No. 2 3\9/16\
red. 93. External U.S. No.
1 Internal.
------------------------------------------------------------------------
* * * * *
Dated: November 4, 1994.
Eric M. Forman,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 94-27752 Filed 11-4-94; 2:27 pm]
BILLING CODE 3410-02-P
