[Federal Register Volume 59, Number 236 (Friday, December 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30416]


  Federal Register / Vol. 59, No. 236 / Friday, December 9, 1994 /
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[[Page Unknown]]

[Federal Register: December 9, 1994]


                                                   VOL. 59, NO. 236

                                           Friday, December 9, 1994

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 906

[Docket No. FV94-906-4IFR]

 

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: Interim final rule with request for comments.

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SUMMARY: This interim final rule revises container requirements and 
adds a new container to those authorized for use by handlers of Texas 
citrus. This interim final rule also relaxes pack requirements by 
requiring containers to have at least one-third 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.

DATES: This interim final rule becomes effective December 9, 1994. 
Comments received by January 9, 1995 will be considered prior to 
issuance of a final rule.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this interim final rule. Comments must be sent in triplicate 
to the Docket Clerk, Fruit and Vegetable Division, AMS, USDA, P.O. Box 
96456, Room 2523-S, Washington, D.C. 20090-6456, or by facsimile at 
(202) 720-5698. 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: 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 interim final rule is not intended to have 
retroactive effect. This interim 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. 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 Sec. 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 current container requirements be revised. The recommended 
changes are 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.
    Two of the containers currently authorized for use are: (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 are authorized, respectively, 
in subparagraphs (iii) and (viii) of Sec. 906.340(a)(1). They are used 
as master containers for shipping bags of fruit or for shipping fruit 
in bulk.
    In recent seasons, handlers have used experimental containers with 
different dimensions than those currently 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) 
is 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 will 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 specifies 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 may 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 is intended to provide handlers with additional flexibility in 
packing oranges and grapefruit without having to follow the procedures 
governing the use of experimental containers. To effectuate this 
change, this interim final rule revises subparagraphs (iii), (iv), 
(vii), (viii), (ix), and (x) of Sec. 906.340(a)(1). Since the 
recommended changes to the master containers were utilized 
experimentally during the past few seasons, the committee recommends 
that they be made permanent.
    Finally, the committee recommended that a new fiberboard display 
bin be added to the list of approved containers. 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. Adding containers 
which have been previously approved for experimental use to the 
permanent list of containers will remove the requirement that each lot 
of fruit shipped in such containers receive prior approval from the 
committee.
    This interim final rule adds a new 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 is 
that the oranges and/or grapefruit constitute at least 50 percent by 
count of the contents of any container. The committee recommended 
revising Sec. 906.120(c)(4)(ii) to allow handlers to pack \1/3\ Texas 
citrus by volume rather than 50 percent by count. This change provides 
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 recommended change will allow the Texas citrus 
industry to improve producer returns.
    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.
    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.
    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.
    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) The committee needs to have this amendment in effect as 
soon as possible because shipments of Texas oranges and grapefruit for 
the 1994-95 season have begun; (2) handlers are aware of this action 
which was unanimously recommended by the committee at a public meeting; 
(3) this rule is a relaxation; and (3) this rule provides a 30-day 
comment period, and all comments timely received will be considered 
prior to finalization of this action.

List of Subjects in 7 CFR Part 906

    Grapefruit, Marketing agreements and orders and Reporting and 
recordkeeping requirements.

    For the reasons set forth in the preamble, 7 CFR Part 906 is 
amended as follows:
    1. The authority citation for 7 CFR Part 906 continues to read as 
follows:

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

PART 906--ORANGES AND GRAPEFRUIT GROWN IN THE LOWER RIO GRANDE 
VALLEY IN TEXAS

    2. In Section 906.340, paragraphs (a)(1)(iii), (a)(1)(iv), 
(a)(1)(vii) and (a)(1)(viii) are revised, paragraphs (a)(1)(ix) through 
(a)(1)(xi) are redesignated as paragraphs (a)(1)(x) through (a)(1)(xii) 
respectively and revised, and a new paragraph (a)(1)(ix) is added to 
read as follows:


Sec. 906.340  Container, pack, and container marking regulations.

* * * * *
    (1) * * *
    (iii) Closed fiberboard carton with inside dimensions of 20 x 13\1/
4\ inches and a depth from 9\3/4\ to 13 inches: Provided, That the 
container has a Mullen or Cady test of at least 250 pounds: Provided 
further, That the container may be used to pack any poly or mesh bags 
authorized in this section.
    (iv) Bags having a capacity of five or eight pounds of fruit.
    (vii) Rectangular or octagonal bulk fiberboard crib with 
approximate dimensions of 46 to 47\1/2\ inches in length, 37 to 38 
inches in width by 36 inches in height: Provided, That this container 
has a Mullen or Cady test of at least 1,300 pounds, and that it is used 
only once for the shipment of citrus fruit; Provided further, That the 
container may be used to pack any poly or mesh bags authorized in this 
section or bulk fruit.
    (viii) Rectangular or octagonal \2/3\ fiberboard crib with 
dimensions of 46 to 47\1/2\ inches long, 37 to 38 inches wide, by 24 
inches high: Provided, That the crib has a Mullen or Cady test of at 
least 1,300 pounds, and that it is used only once for the shipment of 
citrus fruit; Provided further, That the container may be used to pack 
any poly or mesh bags authorized in this section or bulk fruit.
    (ix) Octagonal fiberboard crib with approximate dimensions of 46 to 
47\1/2\ inches in width by 37 to 38 inches in depth by 26 to 26\1/2\ 
inches in height: Provided, That the crib has a Mullen or Cady test of 
at least 1,300 pounds, and that it is used only once for the shipment 
of citrus fruit: Provided further, That the crib may be used to pack 
any approved poly or mesh bags authorized in this section or bulk 
fruit.
    (x) Poly or vexar bag having capacity of four pounds of fruit: 
Provided, That only oranges are to be packed in this bag.
    (xi) Mesh type bag having a capacity of ten pounds of fruit.
    (xii) Such types and sizes of containers as may be approved by the 
committee for testing in connection with a research project conducted 
by or in cooperation with the committee: Provided, That the handling of 
each lot of fruit in such test containers shall be subject to prior 
approval and under the supervision of the committee.
    3. Section 906.120 is amended by revising paragraph (c)(4)(ii) to 
read as follows:


Sec. 906.120  Fruit exempt from regulations.

* * * * *
    (c) * * *
    (4) * * *
    (ii) Such oranges and/or grapefruit 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.
* * * * *
    Dated: December 6, 1994.
Eric M. Forman,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 94-30416 Filed 12-8-94; 8:45 am]
BILLING CODE 3410-02-P