[Federal Register Volume 60, Number 242 (Monday, December 18, 1995)]
[Rules and Regulations]
[Pages 65017-65018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30672]



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 Rules and Regulations
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  Federal Register / Vol. 60, No. 242 / Monday, December 18, 1995 / 
Rules and Regulations  

[[Page 65017]]


DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 906

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


Oranges and Grapefruit Grown in the Lower Rio Grande Valley in 
Texas; Final Rule To Temporarily Relax Size Requirements for Texas 
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 an interim final rule 
which temporarily relaxed 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: January 17, 1996.

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 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 rule has been reviewed under Executive Order 12778, Civil 
Justice Reform. This rule is not intended to have retroactive effect. 
This 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. 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 approximately 15 citrus handlers subject to regulation 
under the order covering oranges and grapefruit grown in Texas, and 
approximately 1,500 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.
    This rule finalizes the temporary relaxation of the minimum size 
requirements for grapefruit as prescribed under the Texas citrus 
marketing order. The 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. This relaxation 
was unanimously recommended by the Texas Valley Citrus Committee 
(TVCC).
    The interim final rule was issued on October 17, 1995, and 
published in the October 23, 1995, Federal Register (60 FR 54291), 
providing a 30-day comment period ending November 22, 1995. No comments 
were received.
    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 
grapefruit is Texas Choice.
    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.
    The 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 

[[Page 65018]]
season will enable Texas grapefruit handlers to meet market needs. This 
final rule is based on the current and prospective crop and market 
conditions for Texas grapefruit. Fresh Texas grapefruit shipments began 
in late September this season.
    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.
    After consideration of all relevant matter presented, including the 
information and recommendations submitted by the TVCC and other 
available information, it is found that finalizing this rule without 
change, as published in the Federal Register (60 FR 54291, October 23, 
1995) will tend to effectuate the declared policy of the Act.

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

    Accordingly, the interim final rule amending 7 CFR part 906 which 
was published at 60 FR 54291 on October 23, 1995, is adopted as a final 
rule without change.

    Dated: December 12, 1995.
Sharon Bomer Lauritsen,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 95-30672 Filed 12-15-95; 8:45 am]
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