[Federal Register Volume 61, Number 22 (Thursday, February 1, 1996)]
[Rules and Regulations]
[Pages 3544-3546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2066]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 905 and 944
[Docket No. FV95-905-3FIR]
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: 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
revising requirements 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
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the entire 1995-96 season. As required under section 8e of the
Agricultural Marketing Agreement Act of 1937, this final rule also
changes the citrus import regulation so that it conforms with the
requirements established under the Florida citrus marketing order.
EFFECTIVE DATE: March 4, 1996.
FOR FURTHER INFORMATION CONTACT: William G. Pimental, Marketing
Specialist, Southeast Marketing Field Office, Fruit and Vegetable
Division, AMS, USDA, P.O. 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,
P.O. Box 96456, Washington, D.C. 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 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.
The 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 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, 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 these handlers, producers, and importers may be classified
as small entities.
An interim final rule was issued on November 20, 1995, and
published in the Federal Register (60 FR 58497, November 28, 1995).
That rule provided a 30-day comment period which ended December 28,
1995. No comments were received.
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 final rule finalizes changes to regulations implemented
through an interim final rule that relaxed 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 finalizes a relaxation of 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.
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 Section 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 Section 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.
Finalizing 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
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permit Florida grapefruit handlers to continue 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 finalize the relaxation of 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 Section 944.106 (7 CFR
944.106), as reinstated on July 26, 1993 (58 FR 39428, July 23, 1993).
This rule finalizes the relaxation of 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 Section 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 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 finalizing this interim final rule without change, as
published in the Federal Register (60 FR 58497, November 28, 1995) as
hereinafter set forth, will tend to effectuate the declared policy of
the Act.
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
Accordingly, the interim final rule amending 7 CFR part 905 which
was published at 60 FR 58497 on November 28, 1995, is adopted as a
final rule without change.
PART 944--FRUITS; IMPORT REGULATIONS
Accordingly, the interim final amending 7 CFR part 944 which was
published at 60 FR 58497 on November 28, 1995, is adopted as a final
rule without change.
Dated: January 25, 1996.
Sharon Bomer Lauritsen,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 96-2066 Filed 1-31-96; 8:45 am]
BILLING CODE 3410-02-P
