[Federal Register Volume 60, Number 228 (Tuesday, November 28, 1995)]
[Rules and Regulations]
[Pages 58497-58499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28925]



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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 905 and 944

[Docket No. FV95-905-3IFR]


Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida; 
and Import Regulations (Grapefruit); Relaxation of the Minimum Size 
Requirement for Red Grapefruit

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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SUMMARY: This interim final rule makes a change in regulations under 
the Florida citrus marketing order and grapefruit import regulations. 
This rule relaxes the minimum size requirement for red seedless 
grapefruit to 3\5/16\ inches in diameter (size 56). The Citrus 
Administrative Committee (Committee), the agency that locally 
administers the marketing order for oranges, grapefruit, tangerines, 
and tangelos grown in Florida, unanimously recommended this change. 
This change will enable handlers and importers to continue to ship size 
56 red seedless grapefruit for the entire 1995-96 season.

DATES: Effective on November 13, 1995; comments received by December 
28, 1995, will be considered prior to issuance of a 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, PO Box 
96456, Washington, DC 20090-6456, FAX Number (202) 720-5698. All 
comments should reference the docket number and the date and page 
number of this issue of the Federal Register and will be made available 
for public inspection in the Office of the Docket Clerk during regular 
business hours.

FOR FURTHER INFORMATION CONTACT: William G. Pimental, Marketing 
Specialist, Southeast Marketing Field Office, Fruit and Vegetable 
Division, AMS, USDA, PO Box 2276, Winter Haven, Florida 33883-2276; 
telephone: 813-299-4770; or Caroline C. Thorpe, Marketing Specialist, 
Marketing Order Administration Branch, F&V, AMS, USDA, Room 2522-S, PO 
Box 96456, Washington, DC 20090-6456; telephone: (202) 720-8139.

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. The 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 interim final 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. 

[[Page 58498]]

    The Department of Agriculture 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 request 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 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 100 handlers of Florida citrus who are 
subject to regulation under the marketing order and approximately 
12,000 producers of citrus in the regulated area, and about 25 
grapefruit importers. Small agricultural service firms are 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. The majority of handlers, producers, and importers of Florida 
citrus 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 designed 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.
    This interim final rule invites comments on a change to the order's 
rules and regulations to relax the minimum size requirement for red 
seedless grapefruit allowing for the continued shipment of size 56 
grapefruit. The Committee met September 14, 1995, and unanimously 
recommended this action.
    This rule relaxes the minimum size from size 48 (3\9/16\ inches 
diameter) to size 56 (3\5/16\ inches diameter) for the period November 
13, 1995 through November 10, 1996. Absent this change, the size will 
revert back to size 48 (3\9/16\ inches diameter), on November 13, 1995.
    Section 905.52, in part, 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 
1995-96 season. The Committee believes that markets have been developed 
for size 56 and that they should continue to supply those markets.
    This size relaxation will enable Florida grapefruit shippers to 
continue shipping size 56 red seedless grapefruit to the domestic 
market. 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. This is 
consistent with current and anticipated demand in those markets for the 
1995-96 season, and will provide for the maximization of shipments to 
fresh market channels.
    There are several exemptions to these regulations provided under 
the order. Handlers may ship up to 15 standard packed cartons (12 
bushels) of fruit per day, and up to 2 standard packed cartons of fruit 
per day in gift packages which are individually addressed and not for 
resale. 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.
    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 will relax the minimum size requirement under the domestic 
handling regulations, a corresponding change to the import regulations 
must also be considered.
    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). 
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 13, 1995, through November 10, 1996, to reflect the 
relaxation being made under the order for grapefruit grown in Florida. 
The minimum grade and size requirements for Florida grapefruit are 
specified in Sec. 905.306 (7 CFR 905.306) under Marketing Order No. 
905.
    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 these considerations, 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 

[[Page 58499]]
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 rule until 30 days after publication in the 
Federal Register because: (1) This rule relaxes the minimum size 
requirements that would otherwise be in effect November 13, 1995, for 
grapefruit grown in Florida, (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 requirements; (3) Florida grapefruit shipments began on 
September 1, 1995, and the season will be well underway by November 13, 
1995; and (4) this rule provides a 30-day comment period and any 
comments received will be considered prior to 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:

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

    1. The authority citation for 7 CFR parts 905 and 944 continues to 
read as follows:

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

    2. Section 905.306 is amended by revising the entries for 
grapefruit in paragraph (a), Table I, to read as follows:


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

    (a) * * *

                                                     Table I                                                    
                                                                                                                
                                                                                                        Minimum 
                 Variety                         Regulation period               Minimum grade          diameter
                                                                                                        (inches)
(1)                                        (2).........................  (3).........................        (4)
----------------------------------------------------------------------------------------------------------------
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
                Grapefruit                                                                                      
                                                                                                                
Seeded, except red.......................  On and after 9/01/94........  U.S. No. 1..................   3\12/16\
Seeded, red..............................  On and after 9/01/94........  U.S. No. 1..................   3\12/16\
Seedless, red............................  11/24/94-11/12/95...........  U.S. No. 1..................    3\5/16\
                                           11/13/95-11/10/96...........  U.S. No. 1..................    3\5/16\
                                           On and after 11/11/96.......  U.S. No. 1..................    \39/16\
Seedless, except red.....................  On and after 9/01/94........  U.S. No. 1..................    3\9/16\

* * * * *

PART 944--FRUITS; IMPORT REGULATIONS

    4. In Sec. 944.106, paragraph (a) is revised to read as follows:


Sec. 944.106  Grapefruit import regulation.

    (a) Pursuant to Section 8e (7 U.S.C. 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 classification                Regulation period               Minimum grade          diameter
                                                                                                        (inches)
(1)                                        (2).........................  (3).........................        (4)
----------------------------------------------------------------------------------------------------------------
Seeded...................................  On and after 09/01/94.......  U.S. No. 1..................   3\12/16\
Seedless, red............................  11/24/94-11/12/95...........  U.S. No. 1..................    3\5/16\
                                           11/13/95-11/10/96...........  U.S. No. 1..................    3\5/16\
                                           On and after 11/11/96.......  U.S. No. 1..................    3\9/16\
Seedless, except red.....................  On and after 09/01/94.......  U.S. No. 1..................    3\9/16\

* * * * *
    Dated: November 20, 1995.
Martha B. Ransom,
Acting Deputy Director, Fruit and Vegetable Division.
[FR Doc. 95-28925 Filed 11-27-95; 8:45 am]
BILLING CODE 3410-02-P