[Federal Register Volume 60, Number 32 (Thursday, February 16, 1995)]
[Rules and Regulations]
[Pages 8924-8926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3838]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 905 and 944
[Docket No. FV94-905-4-FIR]
Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida
and Imported Grapefruit; Relaxation of the Minimum Size Requirement for
Red Seedless 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
which relaxed the minimum size requirement for domestic shipments of
Florida red seedless grapefruit and for red seedless grapefruit
imported into the United States to 3\5/16\ inches in diameter (size 56)
through November 12, 1995. This rule enables handlers in Florida and
importers to continue to ship size 56 red seedless grapefruit for the
entire 1994-95 season.
EFFECTIVE DATE: March 20, 1995.
FOR FURTHER INFORMATION CONTACT: William G. Pimental, Southeast
Marketing Field Office, USDA/AMS, P.O. Box 2276, Winter Haven, Florida
33883; telephone: 813-299-4770; or Mark Kreaggor, 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.
SUPPLEMENTARY INFORMATION: This final 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''. 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.
This 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, [[Page 8925]] 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 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 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 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 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 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 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 110 Florida citrus handlers subject to
regulation under the marketing order covering oranges, grapefruit,
tangerines, and tangelos grown in Florida, about 11,970 producers of
these citrus fruits in Florida, and about 25 grapefruit importers.
Small agricultural service firms, which include grapefruit handlers and
importers, have been defined by the Small Business Administration [13
CFR 121.601] as those whose annual receipts are less than $5,000,000,
and small agricultural producers are defined as those whose annual
receipts are less than $500,000. A majority of these handlers,
importers, and producers may be classified as small entities.
The order for Florida citrus provides for the establishment of
minimum grade and size requirements. The minimum grade and size
requirements are designated 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.
The Citrus Administrative Committee (committee), which administers
the order locally, makes recommendations to the Secretary of
Agriculture as to the grade and size of fruit that should garner
consumer acceptance. The committee 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 and information, as well as information from other
sources, and determines whether modification, suspension, or
termination of the handling regulations would tend to effectuate the
declared policy of the Act.
The committee met on September 13, 1994, and unanimously
recommended that the minimum size requirement for domestic shipments of
fresh red seedless grapefruit be relaxed from size 48 to size 56 for
the period November 7, 1994, to November 12, 1995. Size 56 (3\5/16\
inches diameter) is the minimum size until November 6, 1994. At that
time, absent this revision of the rules and regulations under the
order, the minimum size will revert to size 48 (3\9/16\ inches
diameter).
Section 905.52, Issuance of regulations, 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 Sec. 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 Sec. 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
1994-95 season.
The committee recommended this relaxation in size to enable Florida
grapefruit shippers to continue shipping size 56 red seedless
grapefruit to the domestic market. This is consistent with current and
anticipated demand in those markets for the 1994-95 season, and
provides for the maximization of shipments to fresh market channels.
There are several exemption provisions under the order. Handlers
may ship up to 15 standard packed cartons (12 bushels) of fruit per
day, and up to two standard packed cartons of fruit per day in gift
packages which are individually addressed and not for resale under
these provisions. 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.
This rule reflects the committee's and the Department's appraisal
of the need to relax the minimum size requirement for red seedless
grapefruit as specified. This rule has a beneficial impact on
[[Page 8926]] producers, handlers and importers since it permits
Florida grapefruit handlers and importers to make available those sizes
of fruit needed to meet consumer needs consistent with this season's
crop and market conditions.
The interim final rule concerning this action was published in the
November 8, 1994, Federal Register (59 FR 55571), with a 30-day comment
period ending December 8, 1994. No comments were received.
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 relaxes the minimum size requirement under the domestic
handling regulations, a corresponding change to the import regulations
is necessary.
This rule relaxes the minimum size requirements for imported red
seedless grapefruit to 3\5/16\ inches in diameter (size 56) through
November 12, 1995, to reflect the relaxation being made under the order
for grapefruit grown in Florida.
In accordance with section 8e of the Act, the United States Trade
Representative has concurred with the issuance of this final rule.
Based on the above, 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, the
information and recommendations submitted by the committee, and other
information, it is found that finalizing the interim final rule without
change, as published in the Federal Register (59 FR 55571) will tend to
effectuate the declared policy of the Act.
List of Subjects 7 CFR Parts 905 and 944
Grapefruit, Marketing agreements, Oranges, Reporting and
recordkeeping requirements, Tangelos, Tangerines.
PART 905--ORANGES, GRAPEFRUIT, TANGERINES, AND TANGELOS GROWN IN
FLORIDA
Accordingly, the interim final rule amending 7 CFR Part 905 which
was published at 59 55571 on November 8, 1994, is adopted as a final
rule without change.
PART 944--FRUIT; IMPORT REGULATIONS
The interim final rule amending 7 CFR Part 944 which was published
at 59 FR 55571 on November 8, 1994, is adopted as a final rule without
change.
Dated: February 8, 1995.
Sharon Bomer Lauritsen,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 95-3838 Filed 2-15-95; 8:45 am]
BILLING CODE 3410-02-P