99-25093. Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida; Modification of Procedures for Limiting the Volume of Small Red Seedless Grapefruit  

  • [Federal Register Volume 64, Number 186 (Monday, September 27, 1999)]
    [Rules and Regulations]
    [Pages 51888-51892]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-25093]
    
    
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    DEPARTMENT OF AGRICULTURE
    
    Agricultural Marketing Service
    
    7 CFR Part 905
    
    [Docket No. FV99-905-4 IFR]
    
    
    Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida; 
    Modification of Procedures for Limiting the Volume of Small Red 
    Seedless Grapefruit
    
    AGENCY: Agricultural Marketing Service, USDA.
    
    ACTION: Interim final rule and request for written comments.
    
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    SUMMARY: This interim final rule modifies procedures used in limiting 
    the volume of small red seedless grapefruit currently prescribed under 
    the marketing order for oranges, grapefruit, tangerines, and tangelos 
    grown in Florida. The marketing order is administered locally by the 
    Citrus Administrative Committee (committee). The changes will help the 
    committee better monitor handler compliance with any percentage size 
    regulations in effect. The rule changes handler reporting requirements 
    on shipments of size 48 and/or 56 red seedless grapefruit to 
    standardize and assure continuity of reporting. Provisions on new 
    handlers also are added to assure equitable application of the 
    percentage size regulation to new and established handlers. These 
    modifications are expected to help the committee better administer the 
    percentage size regulations, when such regulations are effective.
    
    DATES: Effective September 28, 1999; comments received by October 27, 
    1999 will be considered prior to issuance of a final rule.
    
    ADDRESSES: Interested persons are invited to submit written comments 
    concerning this rule. Comments must be sent to the Docket Clerk, Fruit 
    and Vegetable Programs, AMS, USDA, room 2525-S, P.O. Box 96456, 
    Washington, DC 20090-6456; Fax: (202) 720-5698 or E-mail: 
    moab.docketclerk@usda.gov. All comments should reference the docket 
    number and the date and page number of this issue of the Federal 
    Register and will be made 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, F&V, AMS, USDA, P.O. Box 2276, Winter Haven, 
    Florida 33883-2276; telephone: (941) 299-4770, Fax: (941) 299-5169; or 
    George Kelhart, Technical Advisor, Marketing Order Administration 
    Branch, F&V, AMS, USDA, room 2522-S, P.O. Box 96456, Washington, DC 
    20090-6456; telephone: (202) 690-3919, Fax: (202) 720-5698.
        Small businesses may request information on complying with this 
    regulation by contacting Jay Guerber, Marketing Order Administration 
    Branch, Fruit and Vegetable Programs, AMS, USDA, room 2525-S, P.O. Box 
    96456, Washington, DC 20090-6456; telephone (202) 720-2491, Fax: (202) 
    720-5698 or E-mail: Jay.Guerber@usda.gov.
    
    SUPPLEMENTARY INFORMATION: This interim final rule is issued under 
    Marketing Agreement No. 84 and Marketing Order No. 905, both as amended 
    (7 CFR part 905), regulating the handling of oranges, grapefruit, 
    tangerines, and tangelos grown in Florida, hereinafter referred to as 
    the ``order.'' The marketing 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 12988, Civil 
    Justice Reform. This rule is not intended to have retroactive effect, 
    and 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
    
    [[Page 51889]]
    
    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 to review the Secretary's ruling on the 
    petition, provided an action is filed not later than 20 days after the 
    date of the entry of the ruling.
        Section 905.52 of the order provides authority to limit shipments 
    of any grade or size, or both, of any variety of Florida citrus. Such 
    limitations may restrict the shipment of a portion of a specified grade 
    or size of a variety.
        Section 905.153 of the regulations provides procedures for limiting 
    the volume of small red seedless grapefruit entering the fresh market. 
    Under the procedures, the committee may recommend that only a certain 
    percentage of size 48 (3\9/16\ minimum diameter in inches) and/or size 
    56
    (3\5/16\ minimum diameter in inches) red seedless grapefruit be made 
    available for shipment into fresh market channels for any week or weeks 
    during the regulation period. The regulation period is 11 weeks long 
    and begins the third Monday in September. Under such a limitation, the 
    quantity of sizes 48 and/or 56 red seedless grapefruit that may be 
    shipped by a handler during a regulated week is calculated using the 
    recommended percentage. By taking the recommended weekly percentage 
    times the average weekly volume of red seedless grapefruit handled by 
    such handler in the previous five seasons, handlers can calculate the 
    volume of sizes 48 and/or 56 they may ship in a regulated week. 
    Provisions also are included in paragraph (a) for handlers with less 
    than five previous seasons of shipments and new handlers with no record 
    of shipments. The committee performs the specified calculations when 
    regulation is established by the Secretary for a given week, and 
    provides the calculations to each handler.
        Section 905.153 contains a variety of provisions designed to 
    provide handlers with some marketing flexibility. Paragraphs (d) and 
    (e) of that section provide allowances for overshipments, loans, and 
    transfers of allotment. These allowances allow handlers the opportunity 
    to supply their markets while limiting the impact of small sizes on a 
    weekly basis.
        Pursuant to paragraph (d) of Sec. 905.153, during any week for 
    which the Secretary fixes the percentage of sizes 48 and/or 56 red 
    seedless grapefruit, any handler can handle an amount of sizes 48 and/
    or 56 red seedless grapefruit not to exceed 110 percent of their 
    allotment for that week. The quantity of overshipments (the amount 
    shipped in excess of a handler's weekly allotment) is deducted from the 
    handler's allotment for the following week.
        If handlers fail to use their entire allotments in a given week, 
    the amounts undershipped cannot be carried forward to the following 
    week. However, pursuant to paragraph (e) of Sec. 905.153, a handler to 
    whom an allotment has been issued can lend or transfer all or part of 
    such allotment (excluding the overshipment allowance) to another 
    handler. In the event of a loan, each party, prior to the completion of 
    the loan agreement, notifies the committee of the proposed loan and 
    date of repayment. If a transfer of allotment is desired, each party 
    promptly notifies the committee so that proper adjustments of the 
    records can be made. In each case, the committee confirms in writing 
    all such transactions prior to the following week. Under these 
    provisions, the committee can act on behalf of handlers wanting to 
    arrange allotment loans or participate in the transfer of allotment.
        The committee computes each handler's allotment by multiplying the 
    handler's average week by the percentage established by regulation for 
    that week. The committee notifies each handler prior to that particular 
    week of the quantity of sizes 48 and 56 red seedless grapefruit such 
    handler could handle during a particular week, making the necessary 
    adjustments for overshipments and loan repayments.
        This interim final rule modifies reporting procedures in paragraphs 
    (d) and (e) of Sec. 905.153, and adds a new paragraph (f) on new 
    handler participation. The changes were recommended unanimously by the 
    committee at its meeting on April 6, 1999.
        This interim final rule does not establish any volume regulation. A 
    proposed rule to establish volume regulation during the 1999-2000 
    season was published in the Federal Register on August 26, 1999 (64 FR 
    46603). The period for the receipt of written comments on that proposal 
    ends September 10, 1999.
        The changes implemented by this rule are intended to standardize 
    and foster uniformity of reporting, help the committee better monitor 
    compliance with any percentage size regulations in effect, and improve 
    overall administration of the program. The provisions on ``new 
    handler'' registration are intended to ensure that the shipment 
    calculations for such handlers are correct and that the shipment 
    allotments are appropriately applied.
        This action revises paragraph (d) of Sec. 905.153 to require 
    handlers to report red seedless grapefruit shipments to interstate and 
    export markets by day for each regulation week. The report is required 
    to be completed and received by the committee no later than 2 p.m. of 
    the business day following the shipments. The committee now obtains 
    shipment information from daily manifest reports from the Florida 
    Department of Agriculture and Consumer Services' Fruit and Vegetable 
    Division, but the information needs to be reformatted by the committee 
    for use in checking handler compliance with the weekly percentage size 
    regulation, and in arranging loans or transfers of excess allotments 
    among handlers. This has been costly and time consuming for the 
    committee.
        When percentage size regulations were applied last season, most 
    handlers voluntarily supplied (electronically or by fax) the committee 
    with daily shipment information on their size 48 and/or 56 size red 
    seedless grapefruit. This helped the committee expedite the compilation 
    and dissemination of shipment information on the small-sized red 
    seedless grapefruit. The more timely information helped the handlers 
    make marketing plans to service their customers better, and enabled the 
    committee to verify handler compliance in a more timely and less 
    burdensome manner.
        The information provided by handlers shipping 48 and/or 56 size red 
    seedless grapefruit is maintained by them as part of their regular 
    business operations so the burden in supplying this information has 
    been minimal. Thus, the addition of this reporting requirement to the 
    procedures in Sec. 905.153(d) merely standardizes the collection of 
    information which handlers maintain as part of their regular business 
    operations. The report will ensure that the daily shipment information 
    is received in the same format from all handlers shipping 48 and/or 56 
    size red seedless grapefruit.
        Paragraph (e) of Sec. 905.153 specifies, among other things, that 
    each handler party to a transfer or loan of any or all of their 
    shipping allotment (excluding the overshipment allowance) shall 
    promptly notify the committee so the proper adjustment of records may 
    be made. To provide uniformity in reporting and help the committee 
    confirm such transactions prior to the following week to the handlers 
    involved, the committee recommended that the notification be made no 
    later than noon on the Wednesday following the regulation week.
    
    [[Page 51890]]
    
        With a precise reporting deadline, the committee will be able to 
    adjust its records in a more timely manner and more easily confirm the 
    transactions in writing to the handlers involved prior to the following 
    week. It will also be able to do a more effective job when acting on 
    behalf of handlers in arranging allotment loans or transfers. This 
    change will not be unduly burdensome on handlers because most are 
    already filing their reports by the specified deadline.
        The committee also recommended precluding sales agents of handlers 
    from filing weekly cumulative handler reports on transfers or loans for 
    all of the handlers they represent, rather than reports for each 
    handler involved in such transactions. The current provisions require 
    individual reports to be filed and the individual handlers involved are 
    required to certify that the information on the reports submitted to 
    the committee is accurate. Thus, no change in Sec. 905.153 is needed to 
    require sales agents to submit individual handler reports on such 
    transactions for each of the participating handlers for which they act 
    as sales agents.
        A new paragraph (f) will be added to Sec. 905.153 covering new 
    handler registration. The new paragraph specifies that new handlers 
    without a shipment history shall register with the committee for their 
    red seedless grapefruit allotments prior to the regulation period. On a 
    form provided by the committee, each new handler will indicate its 
    name, address, telephone and fax number, its Florida citrus dealer's 
    license number, the packinghouse registration number issued by the 
    Florida Department of Agriculture and Consumer Services' Fruit and 
    Vegetable Division, and the physical location of the packinghouse where 
    the red seedless grapefruit will be prepared for market. New handler 
    registrations will allow the committee to place the handler on its 
    mailing list to assure that the handler receives needed information.
        The addition of these registration procedures for new handlers will 
    assure that these handlers receive the shipment allocations to which 
    they are entitled during the regulation period, and help the committee 
    with its handler audits and compliance checks.
        In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
    Chapter 35), the information collection requirements that are contained 
    in this rule have been previously approved by the Office of Management 
    and Budget (OMB) and have been assigned OMB No. 0581-0094. Also, 
    pursuant to requirements set forth in the Regulatory Flexibility Act 
    (RFA), AMS has considered the economic impact of this action on small 
    entities. Accordingly, AMS has prepared this initial regulatory 
    flexibility analysis.
        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 80 grapefruit handlers subject to 
    regulation under the order and approximately 11,000 growers of citrus 
    in the regulated area. Small agricultural service firms, which includes 
    handlers, have been defined by the Small Business Administration (SBA) 
    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 (13 CFR 121.601).
        Based on industry and committee data, the average annual f.o.b. 
    price for fresh Florida red grapefruit during the 1998-99 season was 
    around $7.20 per \4/5\ bushel carton, and total fresh shipments for the 
    1998-99 season are estimated at 14.6 million cartons of red grapefruit. 
    Approximately 20 percent of all handlers handled 60 percent of Florida 
    grapefruit shipments. In addition, many of these handlers ship other 
    citrus fruit and products which are not included in committee data but 
    would contribute further to handler receipts. Using the average f.o.b. 
    price, about 80 percent of grapefruit handlers could be considered 
    small businesses under SBA's definition, and about 20 percent of the 
    handlers could be considered large businesses. The majority of Florida 
    grapefruit handlers and growers may be classified as small entities.
        Section 905.52 of the order provides authority to limit shipments 
    of any grade or size, or both, of any variety of Florida citrus. Such 
    limitations may restrict the shipment of a portion of a specified grade 
    or size of a variety.
        Section 905.153 of the regulations provides procedures for limiting 
    the volume of small red seedless grapefruit entering the fresh market. 
    Under the procedures, the committee may recommend that only a certain 
    percentage of size 48 (3\9/16\ minimum diameter in inches) and/or size 
    56 (3\5/16\ minimum diameter in inches) red seedless grapefruit be made 
    available for shipment into fresh market channels for any week or weeks 
    during the regulation period. The regulation period is 11 weeks long 
    and begins the third Monday in September. Under such a limitation, the 
    quantity of sizes 48 and/or 56 red seedless grapefruit that may be 
    shipped by a handler during a regulated week is calculated using the 
    recommended percentage. By taking the recommended weekly percentage 
    times the average weekly volume of red seedless grapefruit handled by 
    such handler in the previous five seasons, handlers can calculate the 
    volume of sizes 48 and/or 56 they may ship in a regulated week. 
    Provisions also are included in paragraph (a) for handlers with less 
    than five previous seasons of shipments and new handlers with no record 
    of shipments. The committee staff performs the specified calculations 
    when regulation is established by the Secretary for a given week, and 
    provides the calculations to each handler.
        Section 905.153 contains a variety of provisions designed to 
    provide handlers with some marketing flexibility. Paragraphs (d) and 
    (e) of that section provide allowances for overshipments, loans, and 
    transfers of allotment. These allowances allow handlers the opportunity 
    to supply their markets while limiting the impact of small sizes on a 
    weekly basis.
        Pursuant to paragraph (d) of Sec. 905.153, during any week for 
    which the Secretary fixes the percentage of sizes 48 and/or 56 red 
    seedless grapefruit, any handler can handle an amount of sizes 48 and/
    or 56 red seedless grapefruit not to exceed 110 percent of their 
    allotment for that week. The quantity of overshipments (the amount 
    shipped in excess of a handler's weekly allotment) is deducted from the 
    handler's allotment for the following week.
        If handlers fail to use their entire allotments in a given week, 
    the amounts undershipped cannot be carried forward to the following 
    week. However, pursuant to paragraph (e) of Sec. 905.153 a handler to 
    whom an allotment has been issued can lend or transfer all or part of 
    such allotment (excluding the over shipment allowance) to another 
    handler. In the event of a loan, each party, prior to the completion of 
    the loan agreement, notifies the committee of the proposed loan and 
    date of repayment. If a transfer of allotment is desired, each party 
    promptly notifies the committee so that proper adjustments of the 
    records can be made. In each case, the committee confirms in writing 
    all such transactions prior to the following week. Under these 
    provisions, the committee can act on behalf of handlers wanting to 
    arrange allotment loans or participate in the transfer of allotment.
    
    [[Page 51891]]
    
        The committee computes each handler's allotment by multiplying the 
    handler's average week by the percentage established by regulation for 
    that week. The committee notifies each handler prior to that particular 
    week of the quantity of sizes 48 and 56 red seedless grapefruit such 
    handler could handle during a particular week, making the necessary 
    adjustments for overshipments and loan repayments.
        This interim final rule modifies reporting procedures in paragraphs 
    (d) and (e) of Sec. 905.153, and adds a new paragraph (f) on new 
    handler participation. The changes were recommended unanimously by the 
    committee at its meeting on April 6, 1999.
        This interim final rule does not establish any volume regulation. A 
    proposed rule to establish volume regulation during the 1999-2000 
    season was published in the Federal Register on August 26, 1999 (64 FR 
    46603). The period for the receipt of written comments on that proposal 
    ends September 10, 1999.
        The changes implemented by this rule are intended to standardize 
    and foster uniformity of reporting, help the committee better monitor 
    compliance with any percentage size regulations in effect, and improve 
    overall administration of the program. The provisions on ``new 
    handler'' registration are intended to ensure that new handlers receive 
    shipment allotments, that the shipment calculations for such handlers 
    are correct, and that the shipment allotments are appropriately 
    applied.
        This action revises paragraph (d) of Sec. 905.153 to require 
    handlers to report red seedless grapefruit shipments to interstate and 
    export markets by day for each regulation week. The report is required 
    to be completed and received by the committee no later than 2 p.m. of 
    the business day following the shipments. The committee now obtains 
    shipment information from daily manifest reports from the Florida 
    Department of Agriculture's Division of Fruit and Vegetable, but the 
    information needs to be reformatted by the committee for use in 
    checking handler compliance with the weekly percentage size regulation, 
    and in arranging loans or transfers of excess allotment among handlers. 
    This has proven to be costly and time consuming for the committee.
        When percentage size regulations were applied last season, most 
    handlers voluntarily supplied (electronically or by fax) the committee 
    daily shipment information on their size 48 and/or 56 size red seedless 
    grapefruit to help the committee expedite the compilation and 
    dissemination of shipment information on the small-sized red seedless 
    grapefruit. The more timely information helped the handlers make 
    marketing plans, and enabled the committee to verify handler compliance 
    in a more timely and less burdensome manner.
        The information provided by handlers shipping 48 and/or 56 size red 
    seedless grapefruit is maintained by them as part of their regular 
    business operations so the burden in supplying this information has 
    been minimal. Thus, the addition of this reporting requirement to the 
    procedures in Sec. 905.153(d) merely standardizes the collection of 
    information which handlers maintain as part of their regular business 
    operations.
        Paragraph (e) of Sec. 905.153 specifies, among other things, that 
    each handler party to a transfer or loan of any or all of their 
    shipping allotment (excluding the over shipment allowance) shall 
    promptly notify the committee so the proper adjustment of records may 
    be made. To provide uniformity in reporting and help the committee 
    confirm such transactions prior to the following week to the handlers 
    involved, the committee recommended that the notification be made no 
    later than noon on the Wednesday following the regulation week.
        With a precise reporting deadline, the committee will be able to 
    adjust its records in a more timely manner and more easily confirm the 
    transactions in writing to the handlers involved prior to the following 
    week. It will also be able to do a more effective job when acting on 
    behalf of handlers in arranging allotment loans or transfers. This 
    change will not be unduly burdensome on handlers because most are 
    already filing their reports by the specified deadline.
        The committee also recommended precluding sales agents of handlers 
    from filing weekly cumulative handler reports on transfers or loans for 
    all of the handlers they represent, rather than reports for each 
    handler involved in such transactions. The current provisions require 
    individual reports to be filed and the individual handlers involved are 
    required to certify that the information on the reports submitted to 
    the committee is accurate. Thus, no change is required to the 
    procedures in Sec. 905.153 to require sales agents to report 
    information on an individual handler basis.
        Regarding the provisions on new handler registration, a new 
    paragraph (f) will be added to Sec. 905.153. The new paragraph 
    specifies that new handlers without a shipment history shall register 
    for their red seedless grapefruit allotments prior to the regulation 
    period. On a form provided by the committee, each new handler will 
    indicate its name, address, telephone and fax number, its Florida 
    citrus dealer's license number, the packinghouse registration number 
    issued by the Florida Department of Agriculture and Consumer Services' 
    Fruit and Vegetable Division, and the physical location of the 
    packinghouse where the red seedless grapefruit will be prepared for 
    market.
        The addition of these registration procedures for new handlers will 
    assure that these handlers receive the shipment allocations to which 
    they are entitled during the regulation period, and help the committee 
    with its handler audits and compliance checks.
        Handlers will be required to submit a form to the committee on 
    their daily shipments of size 48 and/or 56 red seedless grapefruit, and 
    new handlers also will have to submit a registration form to ship fruit 
    pursuant to any allotment percentage established by the Secretary. The 
    rule will increase the reporting burden on approximately 80 handlers of 
    red seedless grapefruit who will take about 0.05 of an hour to complete 
    each report regarding allotment loans or transfers, and shipments. New 
    handlers without a record of shipments registering with the committee 
    will take about 0.03 of an hour to complete the ``new handler'' 
    registration form. The information collection requirements contained in 
    Sec. 905.153 have been approved by the Office of Management and Budget 
    (OMB) under the provisions of the Paperwork Reduction Act of 1995 (44 
    U.S.C. Chapter 35) and assigned OMB number 0581-0094.
        The committee considers the changes made by this rule the most 
    viable ways to improve the percentage size volume regulation 
    procedures.
        As with all Federal marketing order programs, reports and forms are 
    periodically reviewed to reduce information requirements and 
    duplication by industry and public sectors. The Department has not 
    identified any relevant Federal rules that duplicate, overlap or 
    conflict with this proposed rule. However, red seedless grapefruit must 
    meet the requirements as specified in the U.S. Standards for Grades of 
    Florida Grapefruit (7 CFR 51.750 through 51.784) issued under the 
    Agricultural Marketing Act of 1946 (7 U.S.C. 1621 through 1627).
        In addition, the committee's meeting was widely publicized 
    throughout the citrus industry and all interested persons were invited 
    to attend the meeting and participate in committee
    
    [[Page 51892]]
    
    deliberations on all issues. Like all committee meetings, the April 6, 
    1999, meeting was a public meeting and all entities, both large and 
    small, were able to express views on this issue. Interested persons are 
    invited to submit information on the regulatory and informational 
    impacts of this action on small businesses.
        A small business guide on complying with fruit, vegetable, and 
    specialty crop marketing agreements and orders may be viewed at the 
    following web site: http://www.ams.usda.gov/fv/moab/.html. Any 
    questions about the compliance guide should be sent to Jay Guerber at 
    the previously mentioned address in the FOR FURTHER INFORMATION CONTACT 
    section.
        After consideration of all relevant material 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.
        This rule invites comments on changes to the percentage size 
    regulation procedures under the Florida citrus marketing order. Any 
    comments received will be considered before this rule is finalized.
        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 rule until 30 days after publication in the Federal 
    Register because: (1) This rule needs to be in place as soon as 
    possible since any percentage size regulation implemented for the 
    current season would begin on September 20 and all handlers planning to 
    ship size 48 and 56 red seedless grapefruit need to plan accordingly; 
    (2) the industry has been discussing this issue for some time, and the 
    committee has kept the industry well informed; (3) the changes made 
    have been widely discussed at various industry and association 
    meetings; and (4) all written comments timely received will be 
    considered before a final determination is made on this matter.
    
    List of Subjects in 7 CFR Part 905
    
        Grapefruit, Marketing agreements, Oranges, Reporting and 
    recordkeeping requirements, Tangelos, Tangerines.
        For the reasons set forth in the preamble, 7 CFR part 905 is 
    amended as follows:
    
    PART 905--ORANGES, GRAPEFRUIT, TANGERINES, AND TANGELOS GROWN IN 
    FLORIDA
    
        1. The authority citation for 7 CFR Part 905 continues to read as 
    follows:
    
        Authority: 7 U.S.C. 601-674.
    
    
    Sec. 905.153  [Amended]
    
        2. In Sec. 905.153, paragraphs (d) and (e) are revised and a new 
    paragraph (f) is added to read as follows:
    
    
    Sec. 905.153  Procedure for determining handlers' permitted quantities 
    of red seedless grapefruit when a portion of sizes 48 and 56 of such 
    variety is restricted.
    
    * * * * *
        (d) During any regulation week for which the Secretary has fixed 
    the percentage of sizes 48 and 56 red seedless grapefruit, any person 
    who has received an allotment may handle, in addition to their total 
    allotment available, an amount of size 48 and 56 red seedless 
    grapefruit up to 10 percent greater than their allotment. The quantity 
    of the overshipment shall be deducted from the handler's allotment for 
    the following week. Overshipments will not be allowed during week 11. 
    If the handler fails to use his or her entire allotment, the 
    undershipment is not carried forward to the following week. Each 
    handler shipping size 48 and/or 56 red seedless grapefruit during the 
    regulation period shall complete and submit to the committee, no later 
    than 2 p.m. of the business day following the shipment, a report of red 
    seedless grapefruit shipments by day for each regulation week.
        (e) Any handler may transfer or loan any or all of their shipping 
    allotment (excluding the overshipment allowance) of size 48 and 56 red 
    seedless grapefruit to any other handler. Each handler party to such 
    transfer or loan shall no later than noon on the Wednesday following 
    the regulation week notify the committee so the proper adjustment of 
    records may be made. In each case, the committee shall confirm in 
    writing all such transactions, prior to the following week, to the 
    handlers involved. The committee may act on behalf of handlers wanting 
    to arrange allotment loans or participate in the transfer of 
    allotments.
        (f) New handlers with no record of shipments planning to ship red 
    seedless grapefruit covered by any percentage size regulation shall 
    register with the committee prior to the regulation period so their 
    allotments can be properly calculated. Each new handler shall provide 
    on a form furnished by the committee their Florida citrus fruit 
    dealer's license number, their Florida Department of Agriculture and 
    Consumer Services' Fruit and Vegetable Division packinghouse 
    registration number, and the physical location of the packinghouse 
    where the red seedless grapefruit is to be prepared for market. The 
    committee shall notify any new handlers of their allotments prior to 
    the regulation period.
    
        Dated: September 21, 1999.
    Robert C. Keeney,
    Deputy Administrator, Fruit and Vegetable Programs.
    [FR Doc. 99-25093 Filed 9-24-99; 8:45 am]
    BILLING CODE 3410-02-P
    
    
    

Document Information

Effective Date:
9/28/1999
Published:
09/27/1999
Department:
Agricultural Marketing Service
Entry Type:
Rule
Action:
Interim final rule and request for written comments.
Document Number:
99-25093
Dates:
Effective September 28, 1999; comments received by October 27, 1999 will be considered prior to issuance of a final rule.
Pages:
51888-51892 (5 pages)
Docket Numbers:
Docket No. FV99-905-4 IFR
PDF File:
99-25093.pdf
CFR: (1)
7 CFR 905.153