[Federal Register Volume 59, Number 52 (Thursday, March 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6149]


  Federal Register / Vol. 59, No. 52 / Thursday, March 17, 1994 /
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[Federal Register: March 17, 1994]


                                                    VOL. 59, NO. 52

                                           Thursday, March 17, 1994
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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 905 and 944

[Docket Nos. FV93-905-3-FIR and FV93-944-2-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 two interim final rules 
that relaxed the minimum size requirement to 3\5/16\ inches in diameter 
(size 56) for domestic shipments of Florida red seedless grapefruit and 
for red seedless grapefruit imported into the United States. This rule 
enables handlers in Florida and importers to continue to ship size 56 
red seedless grapefruit for the entire 1993-94 season.

EFFECTIVE DATE: April 18, 1994.

FOR FURTHER INFORMATION CONTACT: Gary D. Rasmussen, Marketing Order 
Administration Branch, Fruit and Vegetable Division, AMS, USDA, P.O. 
Box 96456, room 2523-S, Washington, DC 20090-6456; telephone: 202-720-
5331; or William G. Pimental, Southeast Marketing Field Office, USDA/
AMS, P.O. Box 2276, Winter Haven, Florida 33883; telephone: 813-299-
4770.

SUPPLEMENTARY INFORMATION: This final rule is issued under Marketing 
Agreement and Marketing Order No. 905 [7 CFR part 905] 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, 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 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 rule would 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 608(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.
    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.
    There are about 100 Florida citrus handlers subject to regulation 
under the marketing order covering oranges, grapefruit, tangerines, and 
tangelos grown in Florida, and about 11,000 producers of these citrus 
fruits in Florida. There are approximately 25 importers of grapefruit 
subject to the grapefruit import regulation. 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. A minority of these handlers and a 
majority of the producers and importers may be classified as small 
entities.
    This rule finalizes an interim final rule that relaxed the minimum 
size requirement for domestic shipments of Florida red seedless 
grapefruit to 3\5/16\ inches in diameter (size 56) through November 6, 
1994. This rule will enable handlers to continue to ship size 56 red 
seedless grapefruit for the entire 1993-94 season. The interim final 
rule was published in the November 12, 1993, Federal Register [58 FR 
59931], and provided 30 days for interested persons to file comments. 
No comments were received.
    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). Export requirements were not changed by the interim 
final rule for Florida grapefruit.
    The Citrus Administrative Committee (committee) met September 28, 
1993, and unanimously recommended that the minimum size requirement for 
domestic shipments of fresh red seedless grapefruit be relaxed. 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 reports that it expects that the fresh market demand 
will be sufficient to permit the shipment of size 56 red seedless 
grapefruit grown in Florida during the entire 1993-94 season. The 
committee also expects that the overall external quality of the fruit 
will be good. The committee also expects that more Florida red seedless 
grapefruit will be shipped fresh this season than last season.
    This rule is designed to enable Florida grapefruit shippers to 
continue shipping size 56 red seedless grapefruit to the domestic 
market consistent with current and anticipated strong demand in those 
markets during the entire 1993-94 season, and to maximize shipments to 
fresh market channels. This rule is based on the committee's assessment 
of the maturity, flavor level, and size composition of this season's 
Florida red seedless grapefruit crop. The Florida seedless grapefruit 
shipping season normally begins in September and continues until the 
following July.
    Minimum size requirements are designed to provide fresh markets 
with fruit of acceptable size and maturity, thereby maintaining 
consumer confidence in fresh Florida grapefruit. This helps create 
buyer confidence and contributes to stable marketing conditions. This 
is in the interest of producers, packers, and consumers, and is 
expected to increase returns to Florida grapefruit growers.
    Under the order for Florida citrus, handlers may ship up to 15 
standard packed cartons (12 bushels) of fruit per day, and gift 
packages which are individually addressed and not for resale, under 
exemption provisions. Fruit shipped for animal feed is also exempt 
under specific conditions. In addition, 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 also finalizes an interim final rule that relaxed the 
minimum size requirement for imported shipments of red seedless 
grapefruit. The interim final rule was published in the November 12, 
1993, Federal Register [58 FR 59933], and provided 30 days for 
interested persons to file comments. No comments were received.
    Section 8(e) of the Act requires that whenever grade, size, 
quality, or maturity requirements are in effect for grapefruit under a 
domestic marketing order, imported grapefruit must meet the same or 
comparable requirements. The interim final rule for Florida grapefruit 
relaxed the minimum size requirements for Florida red seedless 
grapefruit. Therefore a corresponding change was needed in the 
grapefruit import regulation.
    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]. 
The interim final rule for imported grapefruit relaxed the minimum size 
requirements for imported red seedless grapefruit to 3\5/16\ inches in 
diameter (size 56) for the period November 8, 1993, through November 6, 
1994.
    In accordance with section 8e of the Act, the USTR has concurred 
with the issuance of this final rule as it pertains to imported 
grapefruit.
    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. The Department's view is that this rule will 
have a beneficial impact on producers, handlers, and importers since it 
will permit Florida grapefruit handlers to continue to make available 
those sizes of fruit needed to meet consumer needs consistent with this 
season's crop and market conditions.
    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 matter presented, the 
information and recommendations submitted by the committee, and other 
information, it is found that the finalization set forth below will 
tend to effectuate the declared policy of the Act.

List of Subjects

7 CFR Part 905

    Grapefruit, Marketing agreements, Oranges, Reporting and 
recordkeeping requirements, Tangelos, Tangerines.

7 CFR Part 944

    Avocados, Food grades and standards, Grapefruit, Grapes, Imports, 
Kiwifruit, Limes, Olives, Oranges.
    For the reasons set forth in the preamble, 7 CFR parts 905 and 944 
are amended as follows:
    1. The authority citation for 7 CFR part 905 and 944 continues to 
read as follows:

    Authority: 7 U.S.C. 601-674.

PART 905--ORANGES, GRAPEFRUIT, TANGERINES, AND TANGELOS GROWN IN 
FLORIDA

    2. Accordingly, the interim final rule amending the provisions of 
Sec. 905.306, which was published in the November 12, 1993, Federal 
Register [58 FR 59931], is adopted as a final rule without change.

PART 944--FRUITS; IMPORT REGULATIONS

    3. Accordingly, the interim final rule amending the provisions of 
Sec. 944.106, which was published in the November 12, 1993, Federal 
Register [58 FR 59933], is adopted as a final rule without change.

    Dated: March 11, 1994.
Robert C. Keeney,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 94-6149 Filed 3-16-94; 8:45 am]
BILLING CODE 3410-02-P