[Federal Register Volume 64, Number 186 (Monday, September 27, 1999)]
[Rules and Regulations]
[Pages 51888-51892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25093]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 905

[Docket No. FV99-905-4 IFR]


Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida; 
Modification of Procedures for Limiting the Volume of Small Red 
Seedless Grapefruit

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule and request for written comments.

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SUMMARY: This interim final rule modifies procedures used in limiting 
the volume of small red seedless grapefruit currently prescribed under 
the marketing order for oranges, grapefruit, tangerines, and tangelos 
grown in Florida. The marketing order is administered locally by the 
Citrus Administrative Committee (committee). The changes will help the 
committee better monitor handler compliance with any percentage size 
regulations in effect. The rule changes handler reporting requirements 
on shipments of size 48 and/or 56 red seedless grapefruit to 
standardize and assure continuity of reporting. Provisions on new 
handlers also are added to assure equitable application of the 
percentage size regulation to new and established handlers. These 
modifications are expected to help the committee better administer the 
percentage size regulations, when such regulations are effective.

DATES: Effective September 28, 1999; comments received by October 27, 
1999 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 to the Docket Clerk, Fruit 
and Vegetable Programs, AMS, USDA, room 2525-S, P.O. Box 96456, 
Washington, DC 20090-6456; Fax: (202) 720-5698 or E-mail: 
[email protected]. 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, Southeast 
Marketing Field Office, F&V, AMS, USDA, P.O. Box 2276, Winter Haven, 
Florida 33883-2276; telephone: (941) 299-4770, Fax: (941) 299-5169; or 
George Kelhart, Technical Advisor, Marketing Order Administration 
Branch, F&V, AMS, USDA, room 2522-S, P.O. Box 96456, Washington, DC 
20090-6456; telephone: (202) 690-3919, Fax: (202) 720-5698.
    Small businesses may request information on complying with this 
regulation by contacting Jay Guerber, Marketing Order Administration 
Branch, Fruit and Vegetable Programs, AMS, USDA, room 2525-S, P.O. Box 
96456, Washington, DC 20090-6456; telephone (202) 720-2491, Fax: (202) 
720-5698 or E-mail: Jay.G[email protected].

SUPPLEMENTARY INFORMATION: This interim final rule is issued under 
Marketing Agreement No. 84 and Marketing Order No. 905, both as amended 
(7 CFR part 905), regulating the handling of oranges, grapefruit, 
tangerines, and tangelos grown in Florida, hereinafter referred to as 
the ``order.'' The marketing agreement and order are 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 12988, Civil 
Justice Reform. This rule is not intended to have retroactive effect, 
and 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

[[Page 51889]]

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 to review the Secretary's ruling on the 
petition, provided an action is filed not later than 20 days after the 
date of the entry of the ruling.
    Section 905.52 of the order provides authority to limit shipments 
of any grade or size, or both, of any variety of Florida citrus. Such 
limitations may restrict the shipment of a portion of a specified grade 
or size of a variety.
    Section 905.153 of the regulations provides procedures for limiting 
the volume of small red seedless grapefruit entering the fresh market. 
Under the procedures, the committee may recommend that only a certain 
percentage of size 48 (3\9/16\ minimum diameter in inches) and/or size 
56
(3\5/16\ minimum diameter in inches) red seedless grapefruit be made 
available for shipment into fresh market channels for any week or weeks 
during the regulation period. The regulation period is 11 weeks long 
and begins the third Monday in September. Under such a limitation, the 
quantity of sizes 48 and/or 56 red seedless grapefruit that may be 
shipped by a handler during a regulated week is calculated using the 
recommended percentage. By taking the recommended weekly percentage 
times the average weekly volume of red seedless grapefruit handled by 
such handler in the previous five seasons, handlers can calculate the 
volume of sizes 48 and/or 56 they may ship in a regulated week. 
Provisions also are included in paragraph (a) for handlers with less 
than five previous seasons of shipments and new handlers with no record 
of shipments. The committee performs the specified calculations when 
regulation is established by the Secretary for a given week, and 
provides the calculations to each handler.
    Section 905.153 contains a variety of provisions designed to 
provide handlers with some marketing flexibility. Paragraphs (d) and 
(e) of that section provide allowances for overshipments, loans, and 
transfers of allotment. These allowances allow handlers the opportunity 
to supply their markets while limiting the impact of small sizes on a 
weekly basis.
    Pursuant to paragraph (d) of Sec. 905.153, during any week for 
which the Secretary fixes the percentage of sizes 48 and/or 56 red 
seedless grapefruit, any handler can handle an amount of sizes 48 and/
or 56 red seedless grapefruit not to exceed 110 percent of their 
allotment for that week. The quantity of overshipments (the amount 
shipped in excess of a handler's weekly allotment) is deducted from the 
handler's allotment for the following week.
    If handlers fail to use their entire allotments in a given week, 
the amounts undershipped cannot be carried forward to the following 
week. However, pursuant to paragraph (e) of Sec. 905.153, a handler to 
whom an allotment has been issued can lend or transfer all or part of 
such allotment (excluding the overshipment allowance) to another 
handler. In the event of a loan, each party, prior to the completion of 
the loan agreement, notifies the committee of the proposed loan and 
date of repayment. If a transfer of allotment is desired, each party 
promptly notifies the committee so that proper adjustments of the 
records can be made. In each case, the committee confirms in writing 
all such transactions prior to the following week. Under these 
provisions, the committee can act on behalf of handlers wanting to 
arrange allotment loans or participate in the transfer of allotment.
    The committee computes each handler's allotment by multiplying the 
handler's average week by the percentage established by regulation for 
that week. The committee notifies each handler prior to that particular 
week of the quantity of sizes 48 and 56 red seedless grapefruit such 
handler could handle during a particular week, making the necessary 
adjustments for overshipments and loan repayments.
    This interim final rule modifies reporting procedures in paragraphs 
(d) and (e) of Sec. 905.153, and adds a new paragraph (f) on new 
handler participation. The changes were recommended unanimously by the 
committee at its meeting on April 6, 1999.
    This interim final rule does not establish any volume regulation. A 
proposed rule to establish volume regulation during the 1999-2000 
season was published in the Federal Register on August 26, 1999 (64 FR 
46603). The period for the receipt of written comments on that proposal 
ends September 10, 1999.
    The changes implemented by this rule are intended to standardize 
and foster uniformity of reporting, help the committee better monitor 
compliance with any percentage size regulations in effect, and improve 
overall administration of the program. The provisions on ``new 
handler'' registration are intended to ensure that the shipment 
calculations for such handlers are correct and that the shipment 
allotments are appropriately applied.
    This action revises paragraph (d) of Sec. 905.153 to require 
handlers to report red seedless grapefruit shipments to interstate and 
export markets by day for each regulation week. The report is required 
to be completed and received by the committee no later than 2 p.m. of 
the business day following the shipments. The committee now obtains 
shipment information from daily manifest reports from the Florida 
Department of Agriculture and Consumer Services' Fruit and Vegetable 
Division, but the information needs to be reformatted by the committee 
for use in checking handler compliance with the weekly percentage size 
regulation, and in arranging loans or transfers of excess allotments 
among handlers. This has been costly and time consuming for the 
committee.
    When percentage size regulations were applied last season, most 
handlers voluntarily supplied (electronically or by fax) the committee 
with daily shipment information on their size 48 and/or 56 size red 
seedless grapefruit. This helped the committee expedite the compilation 
and dissemination of shipment information on the small-sized red 
seedless grapefruit. The more timely information helped the handlers 
make marketing plans to service their customers better, and enabled the 
committee to verify handler compliance in a more timely and less 
burdensome manner.
    The information provided by handlers shipping 48 and/or 56 size red 
seedless grapefruit is maintained by them as part of their regular 
business operations so the burden in supplying this information has 
been minimal. Thus, the addition of this reporting requirement to the 
procedures in Sec. 905.153(d) merely standardizes the collection of 
information which handlers maintain as part of their regular business 
operations. The report will ensure that the daily shipment information 
is received in the same format from all handlers shipping 48 and/or 56 
size red seedless grapefruit.
    Paragraph (e) of Sec. 905.153 specifies, among other things, that 
each handler party to a transfer or loan of any or all of their 
shipping allotment (excluding the overshipment allowance) shall 
promptly notify the committee so the proper adjustment of records may 
be made. To provide uniformity in reporting and help the committee 
confirm such transactions prior to the following week to the handlers 
involved, the committee recommended that the notification be made no 
later than noon on the Wednesday following the regulation week.

[[Page 51890]]

    With a precise reporting deadline, the committee will be able to 
adjust its records in a more timely manner and more easily confirm the 
transactions in writing to the handlers involved prior to the following 
week. It will also be able to do a more effective job when acting on 
behalf of handlers in arranging allotment loans or transfers. This 
change will not be unduly burdensome on handlers because most are 
already filing their reports by the specified deadline.
    The committee also recommended precluding sales agents of handlers 
from filing weekly cumulative handler reports on transfers or loans for 
all of the handlers they represent, rather than reports for each 
handler involved in such transactions. The current provisions require 
individual reports to be filed and the individual handlers involved are 
required to certify that the information on the reports submitted to 
the committee is accurate. Thus, no change in Sec. 905.153 is needed to 
require sales agents to submit individual handler reports on such 
transactions for each of the participating handlers for which they act 
as sales agents.
    A new paragraph (f) will be added to Sec. 905.153 covering new 
handler registration. The new paragraph specifies that new handlers 
without a shipment history shall register with the committee for their 
red seedless grapefruit allotments prior to the regulation period. On a 
form provided by the committee, each new handler will indicate its 
name, address, telephone and fax number, its Florida citrus dealer's 
license number, the packinghouse registration number issued by the 
Florida Department of Agriculture and Consumer Services' Fruit and 
Vegetable Division, and the physical location of the packinghouse where 
the red seedless grapefruit will be prepared for market. New handler 
registrations will allow the committee to place the handler on its 
mailing list to assure that the handler receives needed information.
    The addition of these registration procedures for new handlers will 
assure that these handlers receive the shipment allocations to which 
they are entitled during the regulation period, and help the committee 
with its handler audits and compliance checks.
    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), the information collection requirements that are contained 
in this rule have been previously approved by the Office of Management 
and Budget (OMB) and have been assigned OMB No. 0581-0094. Also, 
pursuant to requirements set forth in the Regulatory Flexibility Act 
(RFA), AMS has considered the economic impact of this action on small 
entities. Accordingly, AMS has prepared this initial regulatory 
flexibility analysis.
    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 80 grapefruit handlers subject to 
regulation under the order and approximately 11,000 growers of citrus 
in the regulated area. Small agricultural service firms, which includes 
handlers, have been defined by the Small Business Administration (SBA) 
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 (13 CFR 121.601).
    Based on industry and committee data, the average annual f.o.b. 
price for fresh Florida red grapefruit during the 1998-99 season was 
around $7.20 per \4/5\ bushel carton, and total fresh shipments for the 
1998-99 season are estimated at 14.6 million cartons of red grapefruit. 
Approximately 20 percent of all handlers handled 60 percent of Florida 
grapefruit shipments. In addition, many of these handlers ship other 
citrus fruit and products which are not included in committee data but 
would contribute further to handler receipts. Using the average f.o.b. 
price, about 80 percent of grapefruit handlers could be considered 
small businesses under SBA's definition, and about 20 percent of the 
handlers could be considered large businesses. The majority of Florida 
grapefruit handlers and growers may be classified as small entities.
    Section 905.52 of the order provides authority to limit shipments 
of any grade or size, or both, of any variety of Florida citrus. Such 
limitations may restrict the shipment of a portion of a specified grade 
or size of a variety.
    Section 905.153 of the regulations provides procedures for limiting 
the volume of small red seedless grapefruit entering the fresh market. 
Under the procedures, the committee may recommend that only a certain 
percentage of size 48 (3\9/16\ minimum diameter in inches) and/or size 
56 (3\5/16\ minimum diameter in inches) red seedless grapefruit be made 
available for shipment into fresh market channels for any week or weeks 
during the regulation period. The regulation period is 11 weeks long 
and begins the third Monday in September. Under such a limitation, the 
quantity of sizes 48 and/or 56 red seedless grapefruit that may be 
shipped by a handler during a regulated week is calculated using the 
recommended percentage. By taking the recommended weekly percentage 
times the average weekly volume of red seedless grapefruit handled by 
such handler in the previous five seasons, handlers can calculate the 
volume of sizes 48 and/or 56 they may ship in a regulated week. 
Provisions also are included in paragraph (a) for handlers with less 
than five previous seasons of shipments and new handlers with no record 
of shipments. The committee staff performs the specified calculations 
when regulation is established by the Secretary for a given week, and 
provides the calculations to each handler.
    Section 905.153 contains a variety of provisions designed to 
provide handlers with some marketing flexibility. Paragraphs (d) and 
(e) of that section provide allowances for overshipments, loans, and 
transfers of allotment. These allowances allow handlers the opportunity 
to supply their markets while limiting the impact of small sizes on a 
weekly basis.
    Pursuant to paragraph (d) of Sec. 905.153, during any week for 
which the Secretary fixes the percentage of sizes 48 and/or 56 red 
seedless grapefruit, any handler can handle an amount of sizes 48 and/
or 56 red seedless grapefruit not to exceed 110 percent of their 
allotment for that week. The quantity of overshipments (the amount 
shipped in excess of a handler's weekly allotment) is deducted from the 
handler's allotment for the following week.
    If handlers fail to use their entire allotments in a given week, 
the amounts undershipped cannot be carried forward to the following 
week. However, pursuant to paragraph (e) of Sec. 905.153 a handler to 
whom an allotment has been issued can lend or transfer all or part of 
such allotment (excluding the over shipment allowance) to another 
handler. In the event of a loan, each party, prior to the completion of 
the loan agreement, notifies the committee of the proposed loan and 
date of repayment. If a transfer of allotment is desired, each party 
promptly notifies the committee so that proper adjustments of the 
records can be made. In each case, the committee confirms in writing 
all such transactions prior to the following week. Under these 
provisions, the committee can act on behalf of handlers wanting to 
arrange allotment loans or participate in the transfer of allotment.

[[Page 51891]]

    The committee computes each handler's allotment by multiplying the 
handler's average week by the percentage established by regulation for 
that week. The committee notifies each handler prior to that particular 
week of the quantity of sizes 48 and 56 red seedless grapefruit such 
handler could handle during a particular week, making the necessary 
adjustments for overshipments and loan repayments.
    This interim final rule modifies reporting procedures in paragraphs 
(d) and (e) of Sec. 905.153, and adds a new paragraph (f) on new 
handler participation. The changes were recommended unanimously by the 
committee at its meeting on April 6, 1999.
    This interim final rule does not establish any volume regulation. A 
proposed rule to establish volume regulation during the 1999-2000 
season was published in the Federal Register on August 26, 1999 (64 FR 
46603). The period for the receipt of written comments on that proposal 
ends September 10, 1999.
    The changes implemented by this rule are intended to standardize 
and foster uniformity of reporting, help the committee better monitor 
compliance with any percentage size regulations in effect, and improve 
overall administration of the program. The provisions on ``new 
handler'' registration are intended to ensure that new handlers receive 
shipment allotments, that the shipment calculations for such handlers 
are correct, and that the shipment allotments are appropriately 
applied.
    This action revises paragraph (d) of Sec. 905.153 to require 
handlers to report red seedless grapefruit shipments to interstate and 
export markets by day for each regulation week. The report is required 
to be completed and received by the committee no later than 2 p.m. of 
the business day following the shipments. The committee now obtains 
shipment information from daily manifest reports from the Florida 
Department of Agriculture's Division of Fruit and Vegetable, but the 
information needs to be reformatted by the committee for use in 
checking handler compliance with the weekly percentage size regulation, 
and in arranging loans or transfers of excess allotment among handlers. 
This has proven to be costly and time consuming for the committee.
    When percentage size regulations were applied last season, most 
handlers voluntarily supplied (electronically or by fax) the committee 
daily shipment information on their size 48 and/or 56 size red seedless 
grapefruit to help the committee expedite the compilation and 
dissemination of shipment information on the small-sized red seedless 
grapefruit. The more timely information helped the handlers make 
marketing plans, and enabled the committee to verify handler compliance 
in a more timely and less burdensome manner.
    The information provided by handlers shipping 48 and/or 56 size red 
seedless grapefruit is maintained by them as part of their regular 
business operations so the burden in supplying this information has 
been minimal. Thus, the addition of this reporting requirement to the 
procedures in Sec. 905.153(d) merely standardizes the collection of 
information which handlers maintain as part of their regular business 
operations.
    Paragraph (e) of Sec. 905.153 specifies, among other things, that 
each handler party to a transfer or loan of any or all of their 
shipping allotment (excluding the over shipment allowance) shall 
promptly notify the committee so the proper adjustment of records may 
be made. To provide uniformity in reporting and help the committee 
confirm such transactions prior to the following week to the handlers 
involved, the committee recommended that the notification be made no 
later than noon on the Wednesday following the regulation week.
    With a precise reporting deadline, the committee will be able to 
adjust its records in a more timely manner and more easily confirm the 
transactions in writing to the handlers involved prior to the following 
week. It will also be able to do a more effective job when acting on 
behalf of handlers in arranging allotment loans or transfers. This 
change will not be unduly burdensome on handlers because most are 
already filing their reports by the specified deadline.
    The committee also recommended precluding sales agents of handlers 
from filing weekly cumulative handler reports on transfers or loans for 
all of the handlers they represent, rather than reports for each 
handler involved in such transactions. The current provisions require 
individual reports to be filed and the individual handlers involved are 
required to certify that the information on the reports submitted to 
the committee is accurate. Thus, no change is required to the 
procedures in Sec. 905.153 to require sales agents to report 
information on an individual handler basis.
    Regarding the provisions on new handler registration, a new 
paragraph (f) will be added to Sec. 905.153. The new paragraph 
specifies that new handlers without a shipment history shall register 
for their red seedless grapefruit allotments prior to the regulation 
period. On a form provided by the committee, each new handler will 
indicate its name, address, telephone and fax number, its Florida 
citrus dealer's license number, the packinghouse registration number 
issued by the Florida Department of Agriculture and Consumer Services' 
Fruit and Vegetable Division, and the physical location of the 
packinghouse where the red seedless grapefruit will be prepared for 
market.
    The addition of these registration procedures for new handlers will 
assure that these handlers receive the shipment allocations to which 
they are entitled during the regulation period, and help the committee 
with its handler audits and compliance checks.
    Handlers will be required to submit a form to the committee on 
their daily shipments of size 48 and/or 56 red seedless grapefruit, and 
new handlers also will have to submit a registration form to ship fruit 
pursuant to any allotment percentage established by the Secretary. The 
rule will increase the reporting burden on approximately 80 handlers of 
red seedless grapefruit who will take about 0.05 of an hour to complete 
each report regarding allotment loans or transfers, and shipments. New 
handlers without a record of shipments registering with the committee 
will take about 0.03 of an hour to complete the ``new handler'' 
registration form. The information collection requirements contained in 
Sec. 905.153 have been approved by the Office of Management and Budget 
(OMB) under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. Chapter 35) and assigned OMB number 0581-0094.
    The committee considers the changes made by this rule the most 
viable ways to improve the percentage size volume regulation 
procedures.
    As with all Federal marketing order programs, reports and forms are 
periodically reviewed to reduce information requirements and 
duplication by industry and public sectors. The Department has not 
identified any relevant Federal rules that duplicate, overlap or 
conflict with this proposed rule. However, red seedless grapefruit must 
meet the requirements as specified in the U.S. Standards for Grades of 
Florida Grapefruit (7 CFR 51.750 through 51.784) issued under the 
Agricultural Marketing Act of 1946 (7 U.S.C. 1621 through 1627).
    In addition, the committee's meeting was widely publicized 
throughout the citrus industry and all interested persons were invited 
to attend the meeting and participate in committee

[[Page 51892]]

deliberations on all issues. Like all committee meetings, the April 6, 
1999, meeting was a public meeting and all entities, both large and 
small, were able to express views on this issue. Interested persons are 
invited to submit information on the regulatory and informational 
impacts of this action on small businesses.
    A small business guide on complying with fruit, vegetable, and 
specialty crop marketing agreements and orders may be viewed at the 
following web site: http://www.ams.usda.gov/fv/moab/.html. Any 
questions about the compliance guide should be sent to Jay Guerber at 
the previously mentioned address in the FOR FURTHER INFORMATION CONTACT 
section.
    After consideration of all relevant material presented, including 
the information and recommendations submitted by the committee and 
other available information, it is hereby found that this rule, as 
hereinafter set forth, will tend to effectuate the declared policy of 
the Act.
    This rule invites comments on changes to the percentage size 
regulation procedures under the Florida citrus marketing order. Any 
comments received will be considered before this rule is finalized.
    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 needs to be in place as soon as 
possible since any percentage size regulation implemented for the 
current season would begin on September 20 and all handlers planning to 
ship size 48 and 56 red seedless grapefruit need to plan accordingly; 
(2) the industry has been discussing this issue for some time, and the 
committee has kept the industry well informed; (3) the changes made 
have been widely discussed at various industry and association 
meetings; and (4) all written comments timely received will be 
considered before a final determination is made on this matter.

List of Subjects in 7 CFR Part 905

    Grapefruit, Marketing agreements, Oranges, Reporting and 
recordkeeping requirements, Tangelos, Tangerines.
    For the reasons set forth in the preamble, 7 CFR part 905 is 
amended as follows:

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  [Amended]

    2. In Sec. 905.153, paragraphs (d) and (e) are revised and a new 
paragraph (f) is added 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.

* * * * *
    (d) During any regulation week for which the Secretary has fixed 
the percentage of sizes 48 and 56 red seedless grapefruit, any person 
who has received an allotment may handle, in addition to their total 
allotment available, an amount of size 48 and 56 red seedless 
grapefruit up to 10 percent greater than their allotment. The quantity 
of the overshipment shall be deducted from the handler's allotment for 
the following week. Overshipments will not be allowed during week 11. 
If the handler fails to use his or her entire allotment, the 
undershipment is not carried forward to the following week. Each 
handler shipping size 48 and/or 56 red seedless grapefruit during the 
regulation period shall complete and submit to the committee, no later 
than 2 p.m. of the business day following the shipment, a report of red 
seedless grapefruit shipments by day for each regulation week.
    (e) Any handler may transfer or loan any or all of their shipping 
allotment (excluding the overshipment allowance) of size 48 and 56 red 
seedless grapefruit to any other handler. Each handler party to such 
transfer or loan shall no later than noon on the Wednesday following 
the regulation week notify the committee so the proper adjustment of 
records may be made. In each case, the committee shall confirm in 
writing all such transactions, prior to the following week, to the 
handlers involved. The committee may act on behalf of handlers wanting 
to arrange allotment loans or participate in the transfer of 
allotments.
    (f) New handlers with no record of shipments planning to ship red 
seedless grapefruit covered by any percentage size regulation shall 
register with the committee prior to the regulation period so their 
allotments can be properly calculated. Each new handler shall provide 
on a form furnished by the committee their Florida citrus fruit 
dealer's license number, their Florida Department of Agriculture and 
Consumer Services' Fruit and Vegetable Division packinghouse 
registration number, and the physical location of the packinghouse 
where the red seedless grapefruit is to be prepared for market. The 
committee shall notify any new handlers of their allotments prior to 
the regulation period.

    Dated: September 21, 1999.
Robert C. Keeney,
Deputy Administrator, Fruit and Vegetable Programs.
[FR Doc. 99-25093 Filed 9-24-99; 8:45 am]
BILLING CODE 3410-02-P