[Federal Register Volume 61, Number 150 (Friday, August 2, 1996)]
[Rules and Regulations]
[Pages 40289-40290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19637]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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Federal Register / Vol. 61, No. 150 / Friday, August 2, 1996 / Rules
and Regulations
[[Page 40289]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 51
[Docket Number FV-96-301]
Florida Grapefruit, Florida Oranges and Tangelos, and, Florida
Tangerines; Grade Standards
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule with request for comments.
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SUMMARY: This rule will revise the United States Standards for Grades
of Florida Grapefruit, United States Standards for Grades of Florida
Oranges and Tangelos, and, United States Standards for Grades of
Florida Tangerines. This rule revises the ``Application of Tolerances''
sections, which establishes the limitations of defective fruit per
sample. It also sets a minimum sample size of twenty-five fruit.
EFFECTIVE DATE: August 5, 1996. Comments must be received by October 1,
1996.
ADDRESSES: Interested persons are invited to submit written comments
concerning this interim final rule. Comments must be sent to the
Standardization Section, Fresh Products Branch, Fruit and Vegetable
Division, Agricultural Marketing Service, U.S. Department of
Agriculture, P.O. Box 96456, Room 2065 South Building, Washington, DC
20090-6456. Comments should make reference to the date and page number
of this issue of the Federal Register and will be made available for
public inspection in the above office during regular business hours.
FOR FURTHER INFORMATION CONTACT: Frank O'Sullivan, at the above address
or call (202) 720-2185.
SUPPLEMENTARY INFORMATION: The U.S. Department of Agriculture (USDA) is
issuing this rule in conformance with Executive Order 12866.
Pursuant to the requirements set forth in the Regulatory
Flexibility Act (RFA), 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
businesses subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. The United States
standards issued pursuant to the Act, and 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 150 handlers of Florida citrus who are
subject to regulation under these standards and approximately 11,000
producers of citrus in Florida. Small agricultural service firms, which
includes 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
having annual receipts of less than $500,000. A majority of handlers
and producers of Florida citrus may be classified as small entities.
These revisions will be a benefit to handlers and producers of
Florida citrus, regardless of the size, by minimizing the destruction
of packages and allowing more defective fruit in individual packages
while maintaining overall quality levels. Accordingly, AMS has
determined that the issuance of this interim final rule will not have a
significant economic impact on a substantial number of small entities.
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This action 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. There are no administrative procedures which must be exhausted
prior to any judicial challenge to the provisions of the rule.
The United States Standards for Grades of Florida Grapefruit,
United States Standards for Grades of Florida Oranges and Tangelos, and
United States Standards for Grades of Florida Tangerines were recently
revised following extensive discussions with the Florida citrus
industry and a 60 day comment period. The final rule to revise the
standards was published in the Federal Register on May 8, 1996, and
will become effective August 1, 1996. However, we received two requests
after the publication date concerning the revisions to the standards.
One was from the Florida Citrus Packers, Inc., which ``represents
nearly 90 percent of Florida's fresh commercial citrus industry,
growers and shippers'' and from the Commissioner of the Florida
Department of Agriculture and Consumer Services (FDACS). Both requested
revision of the ``Application of Tolerances'' sections of the standards
and they requested a minimum sample size of twenty-five fruit for each
of the U.S. standards for Florida citrus.
The ``Application of Tolerances'' sections in the standards
effective August 1, 1996, are based on the contents of individual
packages with no specified sample size. At that time, it was AMS'
understanding that a specified sample was no longer needed and that
defects were to be based on individual packages. After publication in
the Federal Register on May 8, 1996, the Florida citrus industry and
FDACS stated the following concerns to AMS.
The industry stated that without further revisions to the standards
it would be very costly to the Florida citrus industry. If the
standards are not revised an excessive amount of destruction to
consumer packages could occur, resulting in costly repacking of fruit
and replacing of these destroyed packages. Also, the tolerances are too
restrictive for these consumer packages ultimately resulting in failing
to market citrus account of one piece of defective fruit. They also
indicated that the minimum sample size should be a minimum of twenty-
five fruit.
The FDACS states that ``* * * inspections based on small containers
will require inspection procedures which are more time consuming and
less efficient than the present.'' The State also expresses their
concern in adopting and implementing the revisions to the ``Application
of Tolerances'' sections and the minimum sample size of twenty-five
fruit expeditiously, in order to train
[[Page 40290]]
inspectors for the 1996/1997 citrus season.
Therefore, this rule will change Sections 51.760, 51.1151, and
51.1820 ``Tolerances,'' to set a minimum sample size of twenty-five
fruit; which will read as follows: ``In order to allow for variations
incident to proper grading and handling in each of the foregoing
grades, the following tolerances, by count, based on a minimum 25 count
sample, are provided as specified:'' The Sections 51.761, 51.1152, and
51.1821 ``Application of Tolerances,'' will also change from individual
package limitations to limitations on individual samples and will read
as follows: ``Individual samples are subject to the following
limitations, unless otherwise specified in Secs. 51.760, 51.1151,
51.1820, respectively. Individual samples shall have not more than one
and one-half times a specified tolerance of 10 percent or more, and not
more than double a specified tolerance of less than 10 percent:
Provided, that at least one decayed or wormy fruit may be permitted in
any sample: And provided further, that the averages for the entire lot
are within the tolerances specified for the grade.''
Pursuant to 5 U.S.C. 553, it is 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 30 days after publication in the Federal Register because:
(1) The standards were published in the Federal Register on May 8,
1996, and will become effective August 1, 1996; (2) harvesting for the
1996/1997 Florida citrus season will begin in early Fall and USDA in
cooperation with the FDACS needs ample time to train inspectors and
inform the industry of these changes; and (3) this interim final rule
provides a 60 day comment period, and all comments timely received will
be considered prior to finalization of this rule.
List of Subjects in 7 CFR Part 51
Agricultural commodities, Food grades and standards, Fruits, Nuts,
Reporting and recordkeeping requirements, Trees, Vegetables.
For reasons set forth in the preamble, 7 CFR Part 51 is amended as
follows:
PART 51--[AMENDED]
1. The authority citation for Part 51 continues to read as follows:
Authority: 7 U.S.C. 1621-1627.
2. Section 51.760 is amended by revising the introductory text to
read as follows:
Sec. 51.760 Tolerances.
In order to allow for variations incident to proper grading and
handling in each of the foregoing grades, the following tolerances, by
count, based on a minimum 25 count sample, are provided as specified:
* * * * *
3. Section 51.761 is revised to read as follows:
Sec. 51.761 Application of Tolerances.
Individual samples are subject to the following limitations, unless
otherwise specified in Sec. 51.760. Individual samples shall have not
more than one and one-half times a specified tolerance of 10 percent or
more, and not more than double a specified tolerance of less than 10
percent: Provided, that at least one decayed or wormy fruit may be
permitted in any sample: And provided further, that the averages for
the entire lot are within the tolerances specified for the grade.
4. Section 51.1151 is amended by revising the introductory text to
read as follows:
Sec. 51.1151 Tolerances.
In order to allow for variations incident to proper grading and
handling in each of the foregoing grades, the following tolerances, by
count, based on a minimum 25 count sample, are provided as specified:
* * * * *
5. Section 51.1152 is revised to read as follows:
Sec. 51.1152 Application of Tolerances.
Individual samples are subject to the following limitations, unless
otherwise specified in Sec. 51.1151. Individual samples shall have not
more than one and one-half times a specified tolerance of 10 percent or
more, and not more than double a specified tolerance of less than 10
percent: Provided, that at least one decayed or wormy fruit may be
permitted in any sample: And provided further, that the averages for
the entire lot are within the tolerances specified for the grade.
6. Section 51.1820 is amended by revising the introductory text to
read as follows:
Sec. 51.1820 Tolerances.
In order to allow for variations incident to proper grading and
handling in each of the foregoing grades, the following tolerances, by
count, based on a minimum 25 count sample, are provided as specified:
* * * * *
7. Section 51.1821 is revised to read as follows:
Sec. 51.1821 Application of Tolerances.
Individual samples are subject to the following limitations, unless
otherwise specified in Sec. 51.1820. Individual samples shall have not
more than one and one-half times a specified tolerance of 10 percent or
more, and not more than double a specified tolerance of less than 10
percent: Provided, that at least one decayed or wormy fruit may be
permitted in any sample: And provided further, that the averages for
the entire lot are within the tolerances specified for the grade.
Dated: July 29, 1996.
Robert C. Keeney,
Director, Fruit and Vegetable Division.
[FR Doc. 96-19637 Filed 8-01-96; 8:45 am]
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