[Federal Register Volume 62, Number 13 (Tuesday, January 21, 1997)]
[Rules and Regulations]
[Pages 2896-2898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1329]


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DEPARTMENT OF AGRICULTURE
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: Final rule.

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SUMMARY: This final rule revises 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: February 20, 1997.

FOR FURTHER INFORMATION CONTACT: Frank O'Sullivan, Fresh Products 
Branch, Fruit and Vegetable Division, Agricultural Marketing Service, 
U.S. Department of Agriculture, P.O. Box 96456, Room 2065 South 
Building, Washington, D.C. 20090-6456, 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.
    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.
    The revisions are to the ``Application of Tolerances'' sections, 
which establishes the limitations of defective fruit per sample and the 
``Tolerances'' sections, which add a minimum of twenty-five fruit per 
sample. The industry stated that without these

[[Page 2897]]

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, 
without these changes the tolerances would be too restrictive for 
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. 
Accordingly, AMS has determined that the issuance of this final rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This final 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 interim final rule with request for comment, United States 
Standards for Grades of Florida Grapefruit, Florida Orange and 
Tangelos, and Florida Tangerines, was published in the Federal Register 
on August 2, 1996 (61 FR 40289-40290).
    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. 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 60-day comment period for the interim final rule ended October 
1, 1996, and a total of two comments were received. One comment was 
from an industry trade association which represents growers and 
shippers of Florida citrus, and the other comment was from the FDACS. 
Both comments were in favor of the revisions in their entirety.
    The industry stated that without these 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, without these changes 
the tolerances would be too restrictive for consumer packages, 
ultimately resulting in failing to market citrus on 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 stated that they ``* * * support the interim final rule 
which bases tolerances and application of tolerances on a minimum 25 
count sample for U.S. grades of Florida citrus.''
    This rule finalizes the interim final rule which changed Sections 
51.760, 51.1151, and 51.1820 ``Tolerances,'' to set a minimum sample 
size of twenty-five fruit, which reads 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.''

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

[[Page 2898]]

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: January 14, 1997.
Robert C. Keeney,
Director, Fruit and Vegetable Division.
[FR Doc. 97-1329 Filed 1-17-97; 8:45 am]
BILLING CODE 3410-02-P