[Federal Register Volume 60, Number 204 (Monday, October 23, 1995)]
[Rules and Regulations]
[Pages 54291-54292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26205]



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 Rules and Regulations
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  Federal Register / Vol. 60, No. 204 / Monday, October 23, 1995 / 
Rules and Regulations  

[[Page 54291]]


DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 906

[Docket No. FV95-906-3-IFR]


Oranges and Grapefruit Grown in the Lower Rio Grande Valley in 
Texas; Interim Final Rule to Temporarily Relax Size Requirements for 
Texas Grapefruit

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule.

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SUMMARY: This interim final rule temporarily relaxes the minimum size 
requirements for Texas grapefruit for the entire 1995-96 season. This 
interim final rule is designed to help the Texas citrus industry 
successfully market the 1995-96 season grapefruit crop.

EFFECTIVE DATE: October 23, 1995. Comments received by November 22, 
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 to: Docket Clerk, Fruit and 
Vegetable Division, AMS, USDA, P.O. Box 96456, room 2523-S, Washington, 
DC 20090-6456; FAX: 202-720-5698. Three copies of all written material 
shall be submitted, and they will be made available for public 
inspection at the office of the Docket Clerk during regular business 
hours. All comments should reference the docket number, date, and page 
number of this issue of the Federal Register.

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, DC 20090-6456; telephone: 202-690-
3670; or Belinda G. Garza, McAllen Marketing Field Office, USDA/AMS, 
1313 East Hackberry, McAllen, Texas 78501; telephone: 210-682-2833.

SUPPLEMENTARY INFORMATION: This interim final rule is issued under 
Marketing Agreement and Marketing 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. 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.''
    The Department of Agriculture (Department) is issuing this rule in 
conformance with Executive Order 12866.
    This interim final rule has been reviewed under Executive Order 
12778, Civil Justice Reform. This interim final 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.
    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 15 citrus handlers subject to regulation under the 
order covering oranges and grapefruit grown in Texas, and about 750 
producers of these citrus fruits in Texas. Small agricultural service 
firms, which includes grapefruit handlers, have been defined by the 
Small Business Administration (13 CFR 121.601) as those having annual 
receipts of 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 and producers may be classified as small 
entities.
    The Texas Valley Citrus Committee (committee) met on August 15, 
1995, and recommended relaxing the size requirements for Texas 
grapefruit. 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.
    Minimum grade and size requirements for fresh grapefruit grown in 
Texas are in effect under Sec. 906.365 (7 CFR 906.365). This rule 
amends Sec. 906.365 by revising paragraph (a)(4) to permit shipment of 
grapefruit measuring at least 3\5/16\ inches in diameter (pack size 
112) and grading at least U.S. No. 1 for the entire 1995-96 season 
ending June 30, 1996.
    Section 906.365 establishes minimum size requirements for Texas 
grapefruit. During the period November 16 through January 31 each 
season, grapefruit must be at least pack size 96, that is the minimum 
diameter for the grapefruit in any lot is 3\9/16\ inches. At other 
times, grapefruit that is pack size 112, except that the minimum 
diameter for grapefruit in any lot is 3\5/16\ inches, may be shipped if 
it grades at least U.S. No. 1. The minimum grade requirement for 

[[Page 54292]]
grapefruit is U.S. No. 2. This interim final rule provides that pack 
size 112 grapefruit may be shipped throughout the entire 1995-96 season 
if such grapefruit grade at least U.S. No. 1. This relaxation is 
similar to the relaxations which were issued for the 1993-94 and 1994-
95 seasons.
    Permitting shipments of pack size 112 grapefruit grading at least 
U.S. No. 1 for the remainder of the 1995-96 season will enable Texas 
grapefruit handlers to meet market needs and compete with similar sized 
grapefruit expected to be shipped from Florida.
    This relaxation is expected to help the Texas citrus industry 
successfully market its 1995-96 season grapefruit crop and have a 
positive effect on producer returns. Permitting shipments of pack size 
112 grapefruit grading at least U.S. No. 1 for the entire 1995-96 
season will enable Texas grapefruit handlers to meet market needs. This 
interim final rule is based on the current and prospective crop and 
market conditions for Texas grapefruit. Fresh Texas grapefruit 
shipments are expected to begin in late September this season.
    This interim final rule reflects the committee's and the 
Department's appraisal of the need to temporarily relax minimum size 
requirements for fresh Texas-grown grapefruit, as specified. The 
Department's view is that this interim final rule will have a 
beneficial impact on Texas producers and handlers of fresh grapefruit, 
since it enables such producers and handlers to make available the 
quality and sizes of grapefruit needed to meet consumer needs 
consistent with 1995-96 season crop and market conditions.
    Based on the above, the Administrator of the AMS has determined 
that this interim final rule 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 TVCC 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 1995-96 season began September 13; (2) Texas citrus 
handlers are aware of this relaxation which was recommended by the TVCC 
at a public meeting, and they will need no additonal time to comply 
with such requirements; and (3) this interim final rule provides a 30-
day comment period, and all comments timely received will be considered 
prior to finalization of this rule.

List of Subjects in 7 CFR Part 906

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

    For the reasons set forth in the preamble, 7 CFR part 906 is 
amended as follows:

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

    1. The authority citation for 7 CFR part 906 continues to read as 
follows:

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

    2. Section 906.365 is amended by revising paragraph (a)(4) to read 
as follows:


Sec. 906.365  Texas Orange and Grapefruit Regulation 34.

    (a) * * *
    (4) Such grapefruit are at least pack size 96, except that the 
minimum diameter limit for pack size 96 grapefruit in any lot shall be 
3\9/16\ inches: Provided, That any handler may handle grapefruit, 
except during the period November 16 through January 31 each season, 
which are smaller than pack size 96, if such grapefruit grade at least 
U.S. No. 1 and they are at least pack size 112, except that the minimum 
diameter limit for pack size 112 grapefruit in any lot shall be 3\5/16\ 
inches: Provided further, That for the period beginning October 23, 
1995, and ending June 30, 1996, any handler may handle grapefruit if 
such grapefruit grade at least U.S. No. 1 and they are at least pack 
size 112, except that the minimum diameter limit for pack size 112 
grapefruit in any lot shall be 3\5/16\ inches in diameter.
* * * * *
    Dated: October 17, 1995.
Sharon Bomer Lauritsen,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 95-26205 Filed 10-20-95; 8:45 am]
BILLING CODE 3410-02-P