[Federal Register Volume 61, Number 150 (Friday, August 2, 1996)]
[Rules and Regulations]
[Pages 40289-40290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19637]



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 Rules and Regulations
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  Federal Register / Vol. 61, No. 150 / Friday, August 2, 1996 / Rules 
and Regulations  

[[Page 40289]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 51

[Docket Number FV-96-301]


Florida Grapefruit, Florida Oranges and Tangelos, and, Florida 
Tangerines; Grade Standards

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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SUMMARY: This rule will revise the United States Standards for Grades 
of Florida Grapefruit, United States Standards for Grades of Florida 
Oranges and Tangelos, and, United States Standards for Grades of 
Florida Tangerines. This rule revises the ``Application of Tolerances'' 
sections, which establishes the limitations of defective fruit per 
sample. It also sets a minimum sample size of twenty-five fruit.

EFFECTIVE DATE: August 5, 1996. Comments must be received by October 1, 
1996.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this interim final rule. Comments must be sent to the 
Standardization Section, Fresh Products Branch, Fruit and Vegetable 
Division, Agricultural Marketing Service, U.S. Department of 
Agriculture, P.O. Box 96456, Room 2065 South Building, Washington, DC 
20090-6456. Comments should make reference to the date and page number 
of this issue of the Federal Register and will be made available for 
public inspection in the above office during regular business hours.

FOR FURTHER INFORMATION CONTACT: Frank O'Sullivan, at the above address 
or call (202) 720-2185.

SUPPLEMENTARY INFORMATION: The U.S. Department of Agriculture (USDA) is 
issuing this rule in conformance with Executive Order 12866.
    Pursuant to the requirements set forth in the Regulatory 
Flexibility Act (RFA), 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 
businesses subject to such actions in order that small businesses will 
not be unduly or disproportionately burdened. The United States 
standards issued pursuant to the Act, and 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 150 handlers of Florida citrus who are 
subject to regulation under these standards and approximately 11,000 
producers of citrus in Florida. Small agricultural service firms, which 
includes 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 
having annual receipts of less than $500,000. A majority of handlers 
and producers of Florida citrus may be classified as small entities.
    These revisions will be a benefit to handlers and producers of 
Florida citrus, regardless of the size, by minimizing the destruction 
of packages and allowing more defective fruit in individual packages 
while maintaining overall quality levels. Accordingly, AMS has 
determined that the issuance of this interim final rule will not have a 
significant economic impact on a substantial number of small entities.
    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This action 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. There are no administrative procedures which must be exhausted 
prior to any judicial challenge to the provisions of the rule.
    The United States Standards for Grades of Florida Grapefruit, 
United States Standards for Grades of Florida Oranges and Tangelos, and 
United States Standards for Grades of Florida Tangerines were recently 
revised following extensive discussions with the Florida citrus 
industry and a 60 day comment period. The final rule to revise the 
standards was published in the Federal Register on May 8, 1996, and 
will become effective August 1, 1996. However, we received two requests 
after the publication date concerning the revisions to the standards. 
One was from the Florida Citrus Packers, Inc., which ``represents 
nearly 90 percent of Florida's fresh commercial citrus industry, 
growers and shippers'' and from the Commissioner of the Florida 
Department of Agriculture and Consumer Services (FDACS). Both requested 
revision of the ``Application of Tolerances'' sections of the standards 
and they requested a minimum sample size of twenty-five fruit for each 
of the U.S. standards for Florida citrus.
    The ``Application of Tolerances'' sections in the standards 
effective August 1, 1996, are based on the contents of individual 
packages with no specified sample size. At that time, it was AMS' 
understanding that a specified sample was no longer needed and that 
defects were to be based on individual packages. After publication in 
the Federal Register on May 8, 1996, the Florida citrus industry and 
FDACS stated the following concerns to AMS.
    The industry stated that without further revisions to the standards 
it would be very costly to the Florida citrus industry. If the 
standards are not revised an excessive amount of destruction to 
consumer packages could occur, resulting in costly repacking of fruit 
and replacing of these destroyed packages. Also, the tolerances are too 
restrictive for these consumer packages ultimately resulting in failing 
to market citrus account of one piece of defective fruit. They also 
indicated that the minimum sample size should be a minimum of twenty-
five fruit.
    The FDACS states that ``* * * inspections based on small containers 
will require inspection procedures which are more time consuming and 
less efficient than the present.'' The State also expresses their 
concern in adopting and implementing the revisions to the ``Application 
of Tolerances'' sections and the minimum sample size of twenty-five 
fruit expeditiously, in order to train

[[Page 40290]]

inspectors for the 1996/1997 citrus season.
    Therefore, this rule will change Sections 51.760, 51.1151, and 
51.1820 ``Tolerances,'' to set a minimum sample size of twenty-five 
fruit; which will read as follows: ``In order to allow for variations 
incident to proper grading and handling in each of the foregoing 
grades, the following tolerances, by count, based on a minimum 25 count 
sample, are provided as specified:'' The Sections 51.761, 51.1152, and 
51.1821 ``Application of Tolerances,'' will also change from individual 
package limitations to limitations on individual samples and will read 
as follows: ``Individual samples are subject to the following 
limitations, unless otherwise specified in Secs. 51.760, 51.1151, 
51.1820, respectively. Individual samples shall have not more than one 
and one-half times a specified tolerance of 10 percent or more, and not 
more than double a specified tolerance of less than 10 percent: 
Provided, that at least one decayed or wormy fruit may be permitted in 
any sample: And provided further, that the averages for the entire lot 
are within the tolerances specified for the grade.''
    Pursuant to 5 U.S.C. 553, it is 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 30 days after publication in the Federal Register because: 
(1) The standards were published in the Federal Register on May 8, 
1996, and will become effective August 1, 1996; (2) harvesting for the 
1996/1997 Florida citrus season will begin in early Fall and USDA in 
cooperation with the FDACS needs ample time to train inspectors and 
inform the industry of these changes; and (3) this interim final rule 
provides a 60 day comment period, and all comments timely received will 
be considered prior to finalization of this rule.

List of Subjects in 7 CFR Part 51

    Agricultural commodities, Food grades and standards, Fruits, Nuts, 
Reporting and recordkeeping requirements, Trees, Vegetables.

    For reasons set forth in the preamble, 7 CFR Part 51 is amended as 
follows:

PART 51--[AMENDED]

    1. The authority citation for Part 51 continues to read as follows:

    Authority: 7 U.S.C. 1621-1627.

    2. Section 51.760 is amended by revising the introductory text to 
read as follows:


Sec. 51.760  Tolerances.

    In order to allow for variations incident to proper grading and 
handling in each of the foregoing grades, the following tolerances, by 
count, based on a minimum 25 count sample, are provided as specified:
* * * * *
    3. Section 51.761 is revised to read as follows:


Sec. 51.761  Application of Tolerances.

    Individual samples are subject to the following limitations, unless 
otherwise specified in Sec. 51.760. Individual samples shall have not 
more than one and one-half times a specified tolerance of 10 percent or 
more, and not more than double a specified tolerance of less than 10 
percent: Provided, that at least one decayed or wormy fruit may be 
permitted in any sample: And provided further, that the averages for 
the entire lot are within the tolerances specified for the grade.
    4. Section 51.1151 is amended by revising the introductory text to 
read as follows:


Sec. 51.1151  Tolerances.

    In order to allow for variations incident to proper grading and 
handling in each of the foregoing grades, the following tolerances, by 
count, based on a minimum 25 count sample, are provided as specified:
* * * * *
    5. Section 51.1152 is revised to read as follows:


Sec. 51.1152  Application of Tolerances.

    Individual samples are subject to the following limitations, unless 
otherwise specified in Sec. 51.1151. Individual samples shall have not 
more than one and one-half times a specified tolerance of 10 percent or 
more, and not more than double a specified tolerance of less than 10 
percent: Provided, that at least one decayed or wormy fruit may be 
permitted in any sample: And provided further, that the averages for 
the entire lot are within the tolerances specified for the grade.
    6. Section 51.1820 is amended by revising the introductory text to 
read as follows:


Sec. 51.1820  Tolerances.

    In order to allow for variations incident to proper grading and 
handling in each of the foregoing grades, the following tolerances, by 
count, based on a minimum 25 count sample, are provided as specified:
* * * * *
    7. Section 51.1821 is revised to read as follows:


Sec. 51.1821  Application of Tolerances.

    Individual samples are subject to the following limitations, unless 
otherwise specified in Sec. 51.1820. Individual samples shall have not 
more than one and one-half times a specified tolerance of 10 percent or 
more, and not more than double a specified tolerance of less than 10 
percent: Provided, that at least one decayed or wormy fruit may be 
permitted in any sample: And provided further, that the averages for 
the entire lot are within the tolerances specified for the grade.

    Dated: July 29, 1996.
Robert C. Keeney,
Director, Fruit and Vegetable Division.
[FR Doc. 96-19637 Filed 8-01-96; 8:45 am]
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