[Federal Register Volume 59, Number 236 (Friday, December 9, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30416]
Federal Register / Vol. 59, No. 236 / Friday, December 9, 1994 /
[[Page Unknown]]
[Federal Register: December 9, 1994]
VOL. 59, NO. 236
Friday, December 9, 1994
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 906
[Docket No. FV94-906-4IFR]
Oranges and Grapefruit Grown in the Lower Rio Grande Valley in
Texas; Revision of Container and Container Pack Requirements and Rules
and Regulations for Special Purpose Shipments
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule with request for comments.
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SUMMARY: This interim final rule revises container requirements and
adds a new container to those authorized for use by handlers of Texas
citrus. This interim final rule also relaxes pack requirements by
requiring containers to have at least one-third by volume, rather than
50 percent citrus by count. This rule allows for more efficient use of
containers and provides handlers with more flexibility in packing mixed
packs.
DATES: This interim final rule becomes effective December 9, 1994.
Comments received by January 9, 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. Comments must be sent in triplicate
to the Docket Clerk, Fruit and Vegetable Division, AMS, USDA, P.O. Box
96456, Room 2523-S, Washington, D.C. 20090-6456, or by facsimile at
(202) 720-5698. 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: Charles L. Rush, Marketing Order
Administration Branch, Fruit and Vegetable Division, AMS, USDA, P.O.
Box 96456, Room 2523-S, Washington, D.C. 20090-6456, telephone: (202)
720-2431; or Belinda G. Garza, McAllen Marketing Field Office, Fruit
and Vegetable Division, AMS, USDA, 1313 East Hackberry, McAllen, Texas
78501; telephone: (210) 682-2833.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing
Agreement and 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. The agreement and order are
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 interim final rule is not intended to have
retroactive effect. This interim 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. Such 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 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 rule 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 handlers of oranges and grapefruit
regulated under the marketing order each season and approximately 750
orange and grapefruit producers in South Texas. Small agricultural
producers have been defined by the Small Business Administration [13
CFR Sec. 121.601] as those having annual receipts of less than
$500,000, and small agricultural service firms are defined as those
whose annual receipts are less than $5,000,000. The majority of these
handlers and producers may be classified as small entities.
Section 906.40(d) of the order authorizes the Secretary to fix the
size, weight, capacity, dimensions, or pack of the container or
containers which may be used in the packaging, transportation, sale,
shipment, or other handling of Texas oranges or grapefruit. Consistent
with this authority, Sec. 906.340 of the order's rules and regulations
specifies the containers that may be used by Texas citrus handlers.
These containers include cardboard cartons; mesh, poly, and vexar bags;
and a number of master or bulk containers. Additionally, experimental
containers may be approved by the Texas Valley Citrus Committee
(committee), the agency responsible for local administration of the
order. The handling of each lot of fruit in such test containers is
subject to prior committee approval and is under the supervision of the
committee.
The committee met on August 18, 1994, and unanimously recommended
that the current container requirements be revised. The recommended
changes are to: (1) Revise the inside dimension specifications of two
authorized master containers; (2) eliminate certain restrictions on the
packing of mesh or poly bags; and (3) add a new fiberboard display bin
to the list of approved containers.
Two of the containers currently authorized for use are: (1) Closed
fiberboard cartons with inside dimensions of 20 inches in length by
13\1/4\ inches in width by 9\3/4\ to 10\3/4\ inches in depth, and (2)
fiberboard cribs with dimensions of 46 inches in length by 38 inches
width by 24 inches high. These containers are authorized, respectively,
in subparagraphs (iii) and (viii) of Sec. 906.340(a)(1). They are used
as master containers for shipping bags of fruit or for shipping fruit
in bulk.
In recent seasons, handlers have used experimental containers with
different dimensions than those currently authorized under
Sec. 906.340(a). The use of these containers has been successful, and,
thus, the committee recommended that the dimensions specified for these
two containers be revised to provide for more flexibility in packing
Texas citrus. Specifically, subparagraph (iii) of Sec. 906.340 (a)(1)
is revised to specify inside dimensions for closed fiberboard
containers of 20 inches in length by 13\1/4\ inches in width by 9\3/4\
to 13 inches in depth. The revised dimensions for the fiberboard crib
authorized by Sec. 906.340(a)(1)(viii) are 46 to 47\1/2\ inches in
length by 37 to 38 inches in width by 24 inches in depth. These
revisions will enable handlers to use a wider variety of containers
without having to receive prior committee approval or to use such
containers under the committee's supervision.
Section 906.340 authorizes a number of mesh, poly, and vexar bags
that may be used in packing Texas citrus, and specifies the master
containers that can be used to ship these bags of fruit. For example,
mesh type bags having a capacity of 10 pounds of fruit may only be
packed in closed fiberboard cartons with inside dimensions of 20 inches
by 13\1/4\ inches by 9\3/4\ to 10\3/4\ inches. The committee
recommended that such restrictions be eliminated to permit the industry
to pack any authorized bag in any approved master container. This
revision is intended to provide handlers with additional flexibility in
packing oranges and grapefruit without having to follow the procedures
governing the use of experimental containers. To effectuate this
change, this interim final rule revises subparagraphs (iii), (iv),
(vii), (viii), (ix), and (x) of Sec. 906.340(a)(1). Since the
recommended changes to the master containers were utilized
experimentally during the past few seasons, the committee recommends
that they be made permanent.
Finally, the committee recommended that a new fiberboard display
bin be added to the list of approved containers. The new fiberboard
display bin is being successfully used by the Florida citrus industry.
The high-graphic bulk bin works as an in-store advertisement,
increasing traffic and volume movement in the produce department.
Because the bin is vented, the fruit holds up better during shipping.
The bin can be shipped on pallets or ``slip'' boards. Adding containers
which have been previously approved for experimental use to the
permanent list of containers will remove the requirement that each lot
of fruit shipped in such containers receive prior approval from the
committee.
This interim final rule adds a new subparagraph (xi) to
Sec. 906.340(a)(1) to authorize the use of this container.
Subparagraphs (ix), (x) and (xi) of Sec. 906.340 (a)(1) are
redesignated, respectively, as subparagraphs (x), (xi) and (xii).
Section 906.42 authorizes the Secretary to modify, suspend, or
terminate regulations based upon recommendations and information
submitted by the committee, or other available information pursuant to
Secs. 906.34, 906.40, 906.45, or any combination thereof, in order to
facilitate the handling of fruit.
Consistent with Sec. 906.42, Sec. 906.120 of the order's rules and
regulations provides that oranges and/or grapefruit mixed with other
types of fruit may be handled exempt from container and pack
regulations, subject to certain conditions. One of those conditions is
that the oranges and/or grapefruit constitute at least 50 percent by
count of the contents of any container. The committee recommended
revising Sec. 906.120(c)(4)(ii) to allow handlers to pack \1/3\ Texas
citrus by volume rather than 50 percent by count. This change provides
handlers with the flexibility to pack a variety of products (e.g.,
pecans, jalapeno jelly, Washington apples, avocadoes, etc.) in the
mixed packs. The committee recognized the need to specify that mixed
packs contain at least \1/3\ Texas citrus by volume. The committee
believes that the recommended change will allow the Texas citrus
industry to improve producer returns.
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.
The information collection requirements contained in the referenced
sections have been previously approved by the Office of Management and
Budget (OMB) under the provisions of 44 U.S.C. chapter 35 and have been
assigned OMB number 0581-0068 for Texas oranges and grapefruit.
There is no reporting burden on handlers of oranges and grapefruit
who have been using experimental containers because no application is
required.
After consideration of all relevant matter presented, including the
information and recommendations submitted by the committee 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 committee needs to have this amendment in effect as
soon as possible because shipments of Texas oranges and grapefruit for
the 1994-95 season have begun; (2) handlers are aware of this action
which was unanimously recommended by the committee at a public meeting;
(3) this rule is a relaxation; and (3) this rule provides a 30-day
comment period, and all comments timely received will be considered
prior to finalization of this action.
List of Subjects in 7 CFR Part 906
Grapefruit, Marketing agreements and orders and Reporting and
recordkeeping requirements.
For the reasons set forth in the preamble, 7 CFR Part 906 is
amended as follows:
1. The authority citation for 7 CFR Part 906 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
PART 906--ORANGES AND GRAPEFRUIT GROWN IN THE LOWER RIO GRANDE
VALLEY IN TEXAS
2. In Section 906.340, paragraphs (a)(1)(iii), (a)(1)(iv),
(a)(1)(vii) and (a)(1)(viii) are revised, paragraphs (a)(1)(ix) through
(a)(1)(xi) are redesignated as paragraphs (a)(1)(x) through (a)(1)(xii)
respectively and revised, and a new paragraph (a)(1)(ix) is added to
read as follows:
Sec. 906.340 Container, pack, and container marking regulations.
* * * * *
(1) * * *
(iii) Closed fiberboard carton with inside dimensions of 20 x 13\1/
4\ inches and a depth from 9\3/4\ to 13 inches: Provided, That the
container has a Mullen or Cady test of at least 250 pounds: Provided
further, That the container may be used to pack any poly or mesh bags
authorized in this section.
(iv) Bags having a capacity of five or eight pounds of fruit.
(vii) Rectangular or octagonal bulk fiberboard crib with
approximate dimensions of 46 to 47\1/2\ inches in length, 37 to 38
inches in width by 36 inches in height: Provided, That this container
has a Mullen or Cady test of at least 1,300 pounds, and that it is used
only once for the shipment of citrus fruit; Provided further, That the
container may be used to pack any poly or mesh bags authorized in this
section or bulk fruit.
(viii) Rectangular or octagonal \2/3\ fiberboard crib with
dimensions of 46 to 47\1/2\ inches long, 37 to 38 inches wide, by 24
inches high: Provided, That the crib has a Mullen or Cady test of at
least 1,300 pounds, and that it is used only once for the shipment of
citrus fruit; Provided further, That the container may be used to pack
any poly or mesh bags authorized in this section or bulk fruit.
(ix) Octagonal fiberboard crib with approximate dimensions of 46 to
47\1/2\ inches in width by 37 to 38 inches in depth by 26 to 26\1/2\
inches in height: Provided, That the crib has a Mullen or Cady test of
at least 1,300 pounds, and that it is used only once for the shipment
of citrus fruit: Provided further, That the crib may be used to pack
any approved poly or mesh bags authorized in this section or bulk
fruit.
(x) Poly or vexar bag having capacity of four pounds of fruit:
Provided, That only oranges are to be packed in this bag.
(xi) Mesh type bag having a capacity of ten pounds of fruit.
(xii) Such types and sizes of containers as may be approved by the
committee for testing in connection with a research project conducted
by or in cooperation with the committee: Provided, That the handling of
each lot of fruit in such test containers shall be subject to prior
approval and under the supervision of the committee.
3. Section 906.120 is amended by revising paragraph (c)(4)(ii) to
read as follows:
Sec. 906.120 Fruit exempt from regulations.
* * * * *
(c) * * *
(4) * * *
(ii) Such oranges and/or grapefruit constitute at least one-third
by volume of the contents of any container, and any such container is
not larger than a \7/10\ bushel carton.
* * * * *
Dated: December 6, 1994.
Eric M. Forman,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 94-30416 Filed 12-8-94; 8:45 am]
BILLING CODE 3410-02-P
