[Federal Register Volume 59, Number 7 (Tuesday, January 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-606]
[[Page Unknown]]
[Federal Register: January 11, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 906
[Docket No. FV93-906-2 FR]
Oranges and Grapefruit Grown in the Lower Rio Grande Valley in
Texas; Temporary Relaxation of Minimum Size Requirements for Texas
Grapefruit
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule finalizes without change an interim final rule that
temporarily relaxed the minimum size requirements for certain Texas
grapefruit for the entire 1993-94 season. The Texas Valley Citrus
Committee (committee) met July 15, 1993, and unanimously recommended
this action. This rule is expected to help the Texas citrus industry
successfully market the 1993-94 season grapefruit crop.
EFFECTIVE DATE: February 10, 1994.
FOR FURTHER INFORMATION CONTACT: Charles L. Rush, Marketing Specialist,
Marketing Order Administration Branch, Fruit and Vegetable Division,
AMS, USDA, P.O. Box 96456, room 2523-S, Washington, DC 20090-6456;
telephone: 202-720-2431; 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, as amended (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 is issuing this rule in conformance with Executive
Order 12866.
This final rule has been reviewed under Executive Order 12778,
Civil Justice Reform. This action 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 date of the entry of the ruling.
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.
There are about 15 citrus handlers subject to regulation under the
marketing order covering oranges and grapefruit grown in Texas, and
about 750 producers of oranges and grapefruit in Texas. Small
agricultural producers have been defined by the Small Business
Administration (13 CFR 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 $3,500,000. The majority of
these handlers and producers may be classified as small entities.
The committee, which administers the order locally, meets prior to
and during each season to review the handling regulations effective on
a continuous basis for each citrus fruit regulated under the order.
Committee meetings are open to the public, and interested persons may
express their views at these meetings. The Department reviews committee
recommendations, information submitted by the committee and other
information, to determine whether modification, suspension, or
termination of the handling regulation is needed.
The interim final rule was issued on October 18, 1993, with an
effective date of October 25, 1993, and published in the Federal
Register (58 FR 54925, October 25, 1993). The interim final rule
provided a 30-day comment period ending November 24, 1993, and no
comments were received.
The interim final rule revised paragraph (a)(4) of Sec. 906.365 by
temporarily relaxing the minimum size requirement to permit shipment of
grapefruit measuring at least 3\5/16\ inches in diameter (pack size
112) for the entire 1993-94 season ending July 31, 1994, provided such
grapefruit grade at least U.S. No. 1.
This relaxation is expected to help the Texas citrus industry
successfully market its 1993-94 season grapefruit crop and have a
positive effect on producer returns. Permitting shipment of pack size
112 grapefruit grading at least U.S. No. 1 for the entire 1993-94
season will enable Texas grapefruit handlers to meet market needs and
compete with similar sized grapefruit expected to be shipped from
Florida. This action is based on the current and prospective crop and
market conditions for Texas grapefruit. Fresh Texas grapefruit
shipments began in mid-September this season.
The interim final rule also removed paragraph (c) of Sec. 906.365.
That paragraph set forth quality requirements for oranges and
grapefruit which were in effect through February 15, 1992. Thus, the
provisions in that paragraph were obsolete.
Texas grapefruit shipments to fresh markets in the United States,
Canada, and Mexico are subject to handling requirements effective under
this order. Exempt from such handling requirements are shipments made:
(1) Within the production area in Texas; (2) in individually addressed
gift packages aggregating not more than 500 pounds which are not for
resale; (3) under the 400 pound minimum quantity exemption provision;
and (4) for relief, charity, and home use. In addition, fruit shipped
to approved processors located outside of the production area may be
exempted from the handling requirements.
This final rule reflects the committee's and the Department's
appraisal of the need to finalize the relaxed requirements set forth in
the interim final rule. The Department believes that this action will
have a beneficial impact on producers and handlers because it will
permit 1993-94 season grapefruit shipments consistent with anticipated
crop and market conditions. The application of handling requirements to
Texas grapefruit over the years has been beneficial to the Texas citrus
industry in marketing its crops.
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, the
information and recommendations submitted by the committee, and other
information, it is found that the relaxation set forth below 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 LOWER RIO GRANDE VALLEY
IN TEXAS
1. The authority citation for 7 CFR part 906 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
2. Accordingly, the interim final rule amending the provisions of
Sec. 906.365, which was published in the Federal Register at 58 FR
54925, October 25, 1993, is adopted as a final rule without change.
Dated: January 5, 1994.
Robert C. Keeney,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 94-606 Filed 1-10-94; 8:45 am]
BILLING CODE 3410-02-P