[Federal Register Volume 59, Number 215 (Tuesday, November 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27752]


  Federal Register / Vol. 59, No. 215 / Tuesday, November 8, 1994 /
  
[[Page Unknown]]

[Federal Register: November 8, 1994]


                                                   VOL. 59, NO. 215

                                          Tuesday, November 8, 1994

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 905 and 944

[Docket No. FV94-905-4-IFR]

 

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: Interim final rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: This interim final rule relaxes 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. Unless relaxed, the 
minimum size requirement will increase under current requirements to 
3\9/16\ inches in diameter (size 48) on November 7, 1994. This rule 
enables handlers in Florida and importers to continue to ship size 56 
red seedless grapefruit for the entire 1994-95 season.

DATES: Effective November 7, 1994; comments received by December 8, 
1994 will be considered prior to issuance of any final rule.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this rule. Comments must be sent in triplicate to the Docket 
Clerk, Fruit and Vegetable Division, AMS, USDA, Room 2525-S, P.O. Box 
96456, Washington, DC 20090-6456. All comments should reference the 
docket number and the date and page number of this issue of the Federal 
Register and will be 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, 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-
1755.

SUPPLEMENTARY INFORMATION: This 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, 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 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 will 
provide 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 will have a beneficial impact on 
producers and handlers, since it will permit Florida grapefruit 
handlers to make available those sizes of fruit needed to meet consumer 
needs consistent with this season's crop and market conditions.
    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) for the 
period November 7, 1994, 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 interim 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, including 
the committee's recommendation, and other available information, it is 
found that this interim final rule, as hereinafter set forth, will tend 
to effectuate the declared policy of the Act.
    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 action until 30 days after publication in the 
Federal Register because:
    (1) This rule relaxes the minimum size requirement currently in 
effect for red seedless grapefruit grown in Florida and red seedless 
grapefruit imported into the United States;
    (2) Florida grapefruit handlers are aware of this action which was 
unanimously recommended by the committee at a public meeting and they 
will need no additional time to comply with the relaxed size 
requirement;
    (3) shipment of the 1994-95 season Florida red seedless grapefruit 
crop is expected to be well underway by November 7, 1994; and
    (4) the rule provides a 30-day comment period, and any comments 
received will be considered prior to any finalization of this interim 
final rule.

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 above, 7 CFR Parts 905 and 944 are 
amended as follows:
    1. The authority citation for 7 CFR Parts 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. Section 905.306 is amended by revising the entries in Table I of 
paragraph (a) for seedless, red grapefruit to read as follows:


Sec. 905.306  Orange, Grapefruit, Tangerine, and Tangelo Regulation.

    (a) * * * 

                                Table I                                 
------------------------------------------------------------------------
                                                               Minimum  
     Variety(1)          Regulation       Minimum Grade(3)     Diameter 
                          Period(2)                          (Inches)(4)
------------------------------------------------------------------------
                                                                        
                              * * * * * * *                             
Grapefruit.........                                                     
                                                                        
                              * * * * * * *                             
    Seedless, red..  11/07/94-11/12/95.  Improved No. 2          3\5/16\
                                          External U.S. No.             
                                          1 Internal.                   
                     On and after 11/13/ Improved No. 2          3\9/16\
                      95.                 External U.S. No.             
                                          1 Internal.                   
------------------------------------------------------------------------

* * * * *

PART 944--FRUITS; IMPORT REGULATIONS

    3. Section 944.106 is amended by revising paragraph (a) to read as 
follows:


Sec. 944.106  Grapefruit import regulation.

    (a) Pursuant to section 8e [7 U.S.C. Section 608e-1] of the 
Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-
674), and Part 944--Fruits; Import Regulations, the importation into 
the United States of any grapefruit is prohibited unless such 
grapefruit meet the following minimum grade and size requirements for 
each specified grapefruit classification: 

------------------------------------------------------------------------
                                                               Minimum  
     Grapefruit       Regulation period     Minimum grade      diameter 
   classification                                              (inches) 
------------------------------------------------------------------------
Seeded.............  On and after 07/26/ U.S. No. 1........     3\12/16\
                      93.                                               
Seedless, red......  11/07/94-11/12/95.  Improved No. 2          3\5/16\
                                          External U.S. No.             
                                          1 Internal.                   
                     On and after 11/13/ Improved No. 2          3\9/16\
                      95.                 External U.S. No.             
                                          1 Internal.                   
Seedless, except     On and after 07/26/ Improved No. 2          3\9/16\
 red.                 93.                 External U.S. No.             
                                          1 Internal.                   
------------------------------------------------------------------------

* * * * *
    Dated: November 4, 1994.
Eric M. Forman,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 94-27752 Filed 11-4-94; 2:27 pm]
BILLING CODE 3410-02-P