[Federal Register Volume 60, Number 50 (Wednesday, March 15, 1995)]
[Rules and Regulations]
[Pages 13891-13893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6368]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 /
Rules and Regulations
[[Page 13891]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 906
[Docket No. FV94-906-4FIR]
Oranges and Grapefruit Grown in the Lower Rio Grande Valley in
Texas; Revision of Container and Container Pack Requirements and Rules
and Regulations for Special Purpose Shipments
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: The Department of Agriculture (Department) is adopting as a
final rule, with appropriate modifications, the provisions of an
interim final rule which revised container requirements and added a new
container to those authorized for use by handlers of Texas citrus. This
final rule continues a relaxation of pack requirements by requiring
containers to have at least one-third Texas citrus by volume, rather
than 50 percent citrus by count. This rule allows for more efficient
use of containers and provides handlers with more flexibility in
packing mixed packs.
EFFECTIVE DATE: April 14, 1995.
FOR FURTHER INFORMATION CONTACT: Charles L. Rush, Marketing Order
Administration Branch, Fruit and Vegetable Division, AMS, USDA, P.O.
Box 96456, Room 2523-S, Washington, D.C. 20090-6456, telephone: (202)
720-2431; or Belinda G. Garza, McAllen Marketing Field Office, Fruit
and Vegetable Division, AMS, USDA, 1313 East Hackberry, McAllen, Texas
78501; telephone: (210) 682-2833.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing
Agreement and Order No. 906 [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. The 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 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. Such 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 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 rule 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 approximately 15 handlers of oranges and grapefruit
regulated under the marketing order each season and approximately 750
orange and grapefruit producers in South 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 $5,000,000. The majority of these handlers and
producers may be classified as small entities.
Section 906.40(d) of the order authorizes the Secretary to fix the
size, weight, capacity, dimensions, or pack of the container or
containers which may be used in the packaging, transportation, sale,
shipment, or other handling of Texas oranges or grapefruit. Consistent
with this authority, Sec. 906.340 of the order's rules and regulations
specifies the containers that may be used by Texas citrus handlers.
These containers include cardboard cartons; mesh, poly, and vexar bags;
and a number of master or bulk containers. Additionally, experimental
containers may be approved by the Texas Valley Citrus Committee
(committee), the agency responsible for local administration of the
order. The handling of each lot of fruit in such test containers is
subject to prior committee approval and is under the supervision of the
committee.
The committee met on August 18, 1994, and unanimously recommended
that the container requirements be revised. The recommended changes
were to (1) revise the inside dimension specifications of two
authorized master containers; (2) eliminate certain restrictions on the
packing of mesh or poly bags; and (3) add a new fiberboard display bin
to the list of approved containers. These changes were included in an
interim final rule which became effective December 9, 1994 [59 FR
63691].
Two of the containers authorized for use prior to issuance of the
interim final rule were (1) closed fiberboard cartons with inside
dimensions of 20 inches in length by 13\1/4\ inches in width by 9\3/4\
to 10\3/4\ inches in depth, and (2) fiberboard cribs with dimensions of
46 inches in length by 38 inches width by 24 inches high. These
containers were authorized, respectively, in subparagraphs (iii) and
(viii) of Sec. 906.340(a)(1). They were used as master containers for
shipping bags of fruit or for shipping fruit in bulk. [[Page 13892]]
In recent seasons, handlers have used experimental containers with
different dimensions than those authorized under Sec. 906.340(a). The
use of these containers has been successful, and, thus, the committee
recommended that the dimensions specified for these two containers be
revised to provide for more flexibility in packing Texas citrus.
Specifically, subparagraph (iii) of Sec. 906.340(a)(1) was revised to
specify inside dimensions for closed fiberboard containers of 20 inches
in length by 13\1/4\ inches in width by 9\3/4\ to 13 inches in depth.
The revised dimensions for the fiberboard crib authorized by
Sec. 906.340(a)(1)(viii) are 46 to 47\1/2\ inches in length by 37 to 38
inches in width by 24 inches in depth. These revisions enable handlers
to use a wider variety of containers without having to receive prior
committee approval or to use such containers under the committee's
supervision.
Section 906.340 authorizes a number of mesh, poly, and vexar bags
that may be used in packing Texas citrus, and, prior to issuance of the
interim final rule specified the master containers that can be used to
ship these bags of fruit. For example, mesh type bags having a capacity
of 10 pounds of fruit could only be packed in closed fiberboard cartons
with inside dimensions of 20 inches by 13\1/4\ inches by 9\3/4\ to
10\3/4\ inches. The committee recommended that such restrictions be
eliminated to permit the industry to pack any authorized bag in any
approved master container. This revision provides handlers with
additional flexibility in packing oranges and grapefruit without having
to follow the procedures governing the use of experimental containers.
This rule maintains the revision to subparagraphs (iii), (iv), (vii),
(viii), (ix), and (x) of Sec. 906.340(a)(1). The committee's
recommendation that the master containers utilized experimentally
during the past few seasons become permanent was implemented in the
interim final rule.
The committee's recommendation for a new fiberboard display bin was
added to the list of approved containers and continues in effect. The
new fiberboard display bin is being successfully used by the Florida
citrus industry. The high-graphic bulk bin works as an in-store
advertisement, increasing traffic and volume movement in the produce
department. Because the bin is vented, the fruit holds up better during
shipping. The bin can be shipped on pallets or ``slip'' boards. By
adding these containers which were previously approved for experimental
use to the permanent list of containers, there is no longer a
requirement that each lot of fruit shipped in such containers receive
prior approval from the committee.
The interim final rule added subparagraph (xi) to
Sec. 906.340(a)(1) to authorize the use of this container.
Subparagraphs (ix), (x) and (xi) of Sec. 906.340(a)(1) are
redesignated, respectively, as subparagraphs (x), (xi) and (xii).
Section 906.42 authorizes the Secretary to modify, suspend, or
terminate regulations based upon recommendations and information
submitted by the committee, or other available information pursuant to
Secs. 906.34, 906.40, 906.45, or any combination thereof, in order to
facilitate the handling of fruit.
Consistent with Sec. 906.42, Sec. 906.120 of the order's rules and
regulations provides that oranges and/or grapefruit mixed with other
types of fruit may be handled exempt from container and pack
regulations, subject to certain conditions. One of those conditions
prior to issuance of the interim final rule, was that the oranges and/
or grapefruit constitute at least 50 percent by count of the contents
of any container. The rule continues to allow handlers to pack \1/3\
Texas citrus by volume rather than 50 percent by count as authorized in
Sec. 906.120(c)(4)(ii). This change provided handlers with the
flexibility to pack a variety of products (e.g., pecans, jalapeno
jelly, Washington apples, avocadoes, etc.) in the mixed packs. The
committee recognized the need to specify that mixed packs contain at
least \1/3\ Texas citrus by volume. The committee believes that the
change will allow the Texas citrus industry to improve producer
returns.
The Department's opinion is that specifying ``Texas'' is redundant.
As a result the Department did not include the term in the revision of
Sec. 906.120(c)(4)(ii).
The interim final rule concerning this action was published in the
December 9, 1994, Federal Register [59 FR 63691], with a 30-day comment
period ending January 9, 1995.
One comment was received from Ms. Darlene Barter, manager of the
committee. Ms. Barter suggested that the revision to
Sec. 906.120(c)(4)(ii) in the interim final rule should specify ``Texas
citrus.'' The Department's position is that the industry will be better
served by stating ``grown in the production area'' rather than stating
``Texas citrus''. This will encourage handlers to ship oranges and
grapefruit grown in the Lower Rio Grande Valley. While citrus is well
defined in the order, the Department agrees that there is a need for
additional clarity in the order's handling regulations. The best way to
improve the clarity of the handling regulations is by stating ``grown
in the production area''. While Ms. Barter's request is not accepted, a
change in the regulation for clarity will be incorporated.
The information collection requirements contained in the referenced
sections have been previously approved by the Office of Management and
Budget (OMB) under the provisions of 44 U.S.C. chapter 35 and have been
assigned OMB number 0581-0068 for Texas oranges and grapefruit.
There is no reporting burden on handlers of oranges and grapefruit
who have been using experimental containers because no application is
required.
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, 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.
List of Subjects in 7 CFR Part 906
Grapefruit, Marketing agreements and Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR Part 906 is
amended as follows:
PART 906--[AMENDED]
1. The authority citation for 7 CFR Part 906 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
Sec. 906.120 Fruit exempt from regulations.
2. Section 906.120(c)(4) is revised to read as follows:
* * * * *
(c) * * *
(4) Oranges and grapefruit grown in the production area may be
handled exempt from container and pack regulations issued pursuant to
Sec. 906.40(d), under the following conditions:
(i) Such oranges and/or grapefruit grown in the production area are
mixed with other types of fruit;
(ii) Such oranges and/or grapefruit grown in the production area
constitute at least one-third by volume of the contents of any
container, and any such container is not larger than a \7/10\ bushel
carton.
(iii) Such grapefruit grown in the production area grade at least
U.S. No. [[Page 13893]] 1, and such oranges grown in the production
area grade at least U.S. Combination (with not less than 60 percent, by
count, of the oranges in any lot grading at least U.S. No.1).
* * * * *
Dated: March 9, 1995.
Sharon Bomer Lauritsen,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 95-6368 Filed 3-14-95; 8:45 am]
BILLING CODE 3410-02-W