[Federal Register Volume 62, Number 193 (Monday, October 6, 1997)]
[Rules and Regulations]
[Page 52011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26362]



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 Rules and Regulations
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  Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Rules 
and Regulations  

[[Page 52011]]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 905

[Docket No. FV96-905-2]


Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida; 
Procedures to Limit the Volume of Small Florida Red Seedless 
Grapefruit; Correction

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Correcting Amendments.

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SUMMARY: This document contains two corrections to final regulations 
(FV-96-905-2), which was published in the Federal Register on Tuesday, 
December 31, 1996, (61 FR 69011). The final regulations established 
procedures for limiting the volume of small red seedless grapefruit 
entering the fresh market during the first 11 weeks of each season.

EFFECTIVE DATE: January 30, 1997.

FOR FURTHER INFORMATION CONTACT: Kathleen M. Finn, telephone: 202-720-
2491.

SUPPLEMENTARY INFORMATION:

Background

    The final regulations that are the subject of these corrections 
established procedures for limiting the volume of small red seedless 
grapefruit entering the fresh market during the first 11 weeks of each 
season. When used in the regulation of red seedless grapefruit, the 
regulation period is defined as the 11 weeks beginning the third Monday 
in September and ending the first Sunday in December of each season. 
The final rule's intent was to effectuate the regulation period for an 
11 week period during seasons of regulation. However, in some years, 
the time specified in the definition of regulation period extends 
beyond 11 weeks. For instance, in the 1997-98 season, the third Monday 
in September is September 15. The first Sunday in December falls on 
December 7. This time period is 12 weeks. To extend the regulation 
period beyond the 11 week period is contrary to what the rule intended. 
The final rule overlooked the possibility of this situation occurring. 
Therefore, this action modifies the language to correctly define the 
regulation period as the rule intended. The regulation will state that 
the regulation period will begin on the third Monday in September and 
continue for 11 weeks. In addition, the final rule established that the 
percentage on which to base the amount of small red seedless grapefruit 
that could be shipped during a particular week or weeks during the 
regulatory period could not be less than 25 percent of the calculated 
shipment base. This procedure was designed not to eliminate shipments 
of small red seedless grapefruit but to keep them from saturating the 
market. The final rule stated that such set percentage could vary from 
week to week, but could not be less than 25 percent.
    Although the final rule set forth these procedures in the 
supplementary information, the regulatory text of the rule did not 
specify this information. This correction adds that information to the 
regulatory text to clarify the intention of the final rule.

Need for Correction

    As published, the final regulations contain errors which may prove 
to be misleading and need to be clarified.

List of Subjects in 7 CFR Part 905

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

    Accordingly, 7 CFR part 905 is corrected by making the following 
correcting amendments:

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

    1. The authority citation for 7 CFR part 905 continues to read as 
follows:

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


Sec. 905.153  [Corrected]

    2. Sec. 905.153, is amended by revising the last sentence in 
paragraph (a) and adding a sentence at the end of paragraph (b) to read 
as follows:


Sec. 905.153  Procedure for determining handlers' permitted quantities 
of red seedless grapefruit when a portion of sizes 48 and 56 of such 
variety is restricted.

    (a) * * * The term regulation period means the 11 week period 
beginning the third Monday in September of the current season.
    (b) * * * Such set percentage may vary from week to week but shall 
not be less than 25 percent in any week.
* * * * *
    Dated: September 30, 1997.
Robert C. Keeney,
Director, Fruit and Vegetable Division.
[FR Doc. 97-26362 Filed 10-3-97; 8:45 am]
BILLING CODE 3410-02-P