[Federal Register Volume 60, Number 242 (Monday, December 18, 1995)]
[Rules and Regulations]
[Pages 65017-65018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30672]
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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
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Federal Register / Vol. 60, No. 242 / Monday, December 18, 1995 /
Rules and Regulations
[[Page 65017]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 906
[Docket No. FV95-906-3-FIR]
Oranges and Grapefruit Grown in the Lower Rio Grande Valley in
Texas; Final Rule To Temporarily Relax Size Requirements for Texas
Grapefruit
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: The Department of Agriculture (Department) is adopting as a
final rule, without change, the provisions of an interim final rule
which temporarily relaxed 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: January 17, 1996.
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 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 rule has been reviewed under Executive Order 12778, Civil
Justice Reform. This rule is not intended to have retroactive effect.
This final 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 approximately 15 citrus handlers subject to regulation
under the order covering oranges and grapefruit grown in Texas, and
approximately 1,500 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.
This rule finalizes the temporary relaxation of the minimum size
requirements for grapefruit as prescribed under the Texas citrus
marketing order. The 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. This relaxation
was unanimously recommended by the Texas Valley Citrus Committee
(TVCC).
The interim final rule was issued on October 17, 1995, and
published in the October 23, 1995, Federal Register (60 FR 54291),
providing a 30-day comment period ending November 22, 1995. No comments
were received.
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
grapefruit is Texas Choice.
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.
The 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
[[Page 65018]]
season will enable Texas grapefruit handlers to meet market needs. This
final rule is based on the current and prospective crop and market
conditions for Texas grapefruit. Fresh Texas grapefruit shipments began
in late September this season.
Based on the above, the Administrator of the AMS has determined
that this action 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 found that finalizing this rule without
change, as published in the Federal Register (60 FR 54291, October 23,
1995) will tend to effectuate the declared policy of the Act.
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
Accordingly, the interim final rule amending 7 CFR part 906 which
was published at 60 FR 54291 on October 23, 1995, is adopted as a final
rule without change.
Dated: December 12, 1995.
Sharon Bomer Lauritsen,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 95-30672 Filed 12-15-95; 8:45 am]
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