[Federal Register Volume 66, Number 185 (Monday, September 24, 2001)]
[Rules and Regulations]
[Pages 48785-48789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23654]



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  Federal Register / Vol. 66, No. 185 / Monday, September 24, 2001 / 
Rules and Regulations  

[[Page 48785]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 51

[Docket Number FV-00-304]


Oranges and Grapefruit (Texas and States Other Than Florida, 
California and Arizona); Grade Standards

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: This rule revises the United States Standards for Grades of 
Oranges (Texas and States other than Florida, California and Arizona) 
and the United States Standards for Grades of Grapefruit (Texas and 
States other than Florida, California and Arizona). The revisions 
change the requirements for standard pack and standard sizing for 
oranges and the requirements for standard pack for grapefruit. The 
purpose of these revisions is to reflect current cultural and marketing 
practices and to give industry greater flexibility in marketing and 
packaging using developing technologies. The Agricultural Marketing 
Service (AMS), in cooperation with industry and other interested 
parties, develops and improves standards of quality, condition, 
quantity, grade and packaging in order to facilitate commerce by 
providing buyers, sellers and quality assurance personnel with uniform 
language and criteria for describing various levels of quality and 
condition as valued in the marketplace.

DATES: This rule is effective September 25, 2001. Comments must be 
received by November 23, 2001.

ADDRESSES: Interested parties are invited to submit written comments 
concerning this 1 interim final rule. Comments must be sent to the 
Standardization Section, Fresh Products Branch, Fruit and Vegetable 
Programs, Agricultural Marketing Service, U.S. Department of 
Agriculture, 1400 Independence Avenue, SW, Room 2065 South Building, 
Stop 0240, Washington, DC 20250; Fax (202) 720-8871, E-mail 
[email protected]. 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: David L. Priester, at the above 
address or call (202) 720-2185; E-mail [email protected].

Executive Order 12988 and 12866

SUPPLEMENTARY INFORMATION: 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 Department of Agriculture (Department) is issuing this rule in 
conformance with Executive Order 12866.

Background

    The United States Standards for Grades of Oranges (Texas and States 
other than Florida, California and Arizona), and the United States 
Standards for Grades of Grapefruit (Texas and States other than 
Florida, California and Arizona) were last revised in October 1969. 
Members of the Texas industry have requested that the standards be 
revised for the next season in order to bring them into conformity with 
current packaging and marketing practices and technologies and with 
similar provisions in the Texas Marketing Order for oranges and 
grapefruit (7 CFR part 906).
    The main purpose of the revision is to achieve closer conformity 
with current marketing practices used in the industry. The major 
changes requested include revising the standard pack sections of the 
orange and grapefruit standards, and the standard sizing section of the 
orange standard by redefining the requirements in each section. In 
addition, the standards have been reviewed for need, clarity and 
effectiveness as part of a periodic review. Accordingly, this rule will 
revise the standards as discussed below.
    As a result of the industry request, the following changes are 
being made to the United States Standards for Grades of Oranges (Texas 
and States other than Florida, California, and Arizona) and to the U.S. 
Standards for Grades of Grapefruit (Texas and States other than 
Florida, California, and Arizona). Section 51.691 paragraph (a), is 
revised by changing the statement ``Fruit shall be fairly uniform in 
size, unless specified as uniform in size, and shall be place packed in 
boxes or cartons and arranged according to the approved and recognized 
methods'' to ``Fruits shall be fairly uniform in size and shall be 
packed in containers according to approved and recognized methods.'' 
New packing technologies, such as mechanical filling of containers, are 
utilizing containers other than boxes and cartons. Reusable plastic 
containers are now being used throughout the industry.
    Section 51.691, paragraph (b) states ``All containers shall be 
tightly packed and well filled but the contents shall not show 
excessive or unnecessary bruising because of overfilled containers. 
When oranges are packed in wire-bound boxes or cartons, each container 
shall be at least level full at time of packing,'' is removed. Since 
the preceding paragraph states that the fruit shall be packed and 
arranged according to approved and recognized methods, paragraph (b) is 
not necessary. There is no definition for ``excessive or unnecessary 
bruising'' and since injury by bruising is addressed in the defects 
portion of the standards there is no need for a reference to this 
defect in the pack section. Also, with the advent of new packaging 
technologies, wire-bound crates are not commonplace in the orange 
industry so there is no need for reference to this type of package.
    Section 51.630, paragraph (b) of the grapefruit standards contains 
basically the same requirements as the orange standards and is being 
removed for the same reasons.
    Section 51.691, Table III, currently includes the size and count of 
oranges when packed in 1\2/5\ or \7/10\ bushel containers. Because the 
industry no longer packs oranges in 1\2/5\ bushel containers, the table 
will be revised to

[[Page 48786]]

include size and count of oranges packed in \7/10\ bushel containers 
only. In addition, the sizes will be revised to update the current 
sizes now being used in the orange industry and consistent with the 
provisions in the regulations in the Texas marketing order. The 
following tables show the changes.
    Table III currently reads:

                                Table III
       [When packed in 1\2/5\ bushel or \7/10\ bushel containers]
------------------------------------------------------------------------
                                                   Diameter in inches
  Size and count in  1\2/5\    Count in \7/10\ -------------------------
            bushel                  bushel        Minimum      Maximum
------------------------------------------------------------------------
100's........................  48 or 50.......      3\7/16\     3\13/16\
125's........................  64.............      3\3/16\      3\9/16\
163's........................  80.............     2\15/16\      3\5/16\
200's........................  100............     2\11/16\      3\1/16\
252's........................  125............      2\7/16\     2\12/16\
288's........................  144............      2\4/16\      2\9/16\
324's........................  162............      2\3/16\      2\8/16\
------------------------------------------------------------------------

    Table III will be revised to read:

                    Table III.--\7/10\ Bushel Carton
------------------------------------------------------------------------
                                                   Diameter in inches
          Pack size/number of oranges          -------------------------
                                                  Minimum      Maximum
------------------------------------------------------------------------
24............................................     3\12/16\      5\1/16\
32............................................      3\6/16\      4\9/16\
36............................................      3\4/16\      4\6/16\
40............................................      3\2/16\      4\4/16\
48............................................     2\15/16\            4
56............................................     2\13/16\     3\13/16\
64............................................     2\11/16\     3\10/16\
72............................................      2\9/16\      3\8/16\
88............................................      2\8/16\      3\4/16\
113...........................................      2\7/16\            3
138...........................................      2\6/16\     2\12/16\
------------------------------------------------------------------------

    Section 51.691, paragraph (d) which states, ``Uniform in size means 
that not more than the number of fruits permitted in 51.689, Tables I 
and II, vary more than the following amounts: (1) 163 size or smaller-
not more than four-sixteenths inch in diameter; and (2) 125 size or 
larger-not more than five-sixteenths inch in diameter.'' is removed 
since the term ``uniform in size'' is no longer being used.
    Technology has advanced to the point where it is no longer 
customary to ``shake down'' the contents of the container to become 
level full. The use of automated or mechanical filling operations have 
made this practice obsolete. Section 51.692, paragraph (a), will be 
revised, deleting the last sentence, which reads, ``And provided 
further, that when packed in boxes or cartons the contents have been 
properly shaken down and the container is at least level full at time 
of packing.''
    Section 51.630, paragraph (b) which states ``All packages shall be 
tightly packed and well filled but the contents shall not show 
excessive or unnecessary bruising because of overfilled packages. When 
grapefruit are packed in cartons or in wirebound boxes, each container 
shall be at least level full at time of packing'' will be removed. 
Since the preceding paragraph already states that the fruit shall be 
packed and arranged according to approved and recognized methods, 
paragraph (b) is not necessary. In addition, with the advent of new 
packaging technologies, wire-bound crates are not commonplace in the 
grapefruit industry.
    Section 51.630, Table III, currently includes the size and count of 
grapefruit when packed in 1\2/5\ bushel containers. Because the 
industry no longer packs grapefruit in 1\2/5\ bushel containers, the 
table will be revised to include size and count of grapefruit packed in 
\7/10\ bushel containers only. In addition, the sizes will be revised 
to update the current sizes now being used in the grapefruit industry 
and consistent with the provisions in the regulations in the Texas 
marketing order. The following tables show the changes.
    Table III currently reads:

                      Table III.--1\2/5\ Bushel Box
                          [Diameter in inches]
------------------------------------------------------------------------
                   Pack size                      Minimum      Maximum
------------------------------------------------------------------------
46's..........................................      4\5/16\            5
54's or 56's..................................      4\2/16\     4\12/16\
64's..........................................     3\15/16\      4\8/16\
70's or 72's..................................     3\13/16\      4\5/16\
80's..........................................     3\10/16\      4\2/16\
96's..........................................      3\6/16\     3\14/16\

[[Page 48787]]

 
112's or 113's................................      3\2/16\     3\10/16\
125's or 126's................................            3      3\8/16\
------------------------------------------------------------------------

    Table III will be revised to read:

                    Table III.--\7/10\ Bushel Carton
------------------------------------------------------------------------
                                                   Diameter in inches
        Pack size/number of grapefruit         -------------------------
                                                  Minimum      Maximum
------------------------------------------------------------------------
18............................................     4\15/16\      5\9/16\
23............................................      4\5/16\            5
27............................................      4\2/16\     4\12/16\
32............................................     3\15/16\      4\8/16\
36............................................     3\13/16\      4\5/16\
40............................................     3\10/16\      4\2/16\
48............................................      3\9/16\     3\14/16\
56............................................      3\5/16\     3\10/16\
------------------------------------------------------------------------

    Since Table III will be revised to reflect the current packing 
methods being used throughout the grapefruit industry, Sec. 51.630, 
paragraph (d) which is new paragraph (c) will be revised by changing 
the statement for ``(1) 64 size and smaller-not more than six-
sixteenths inch in diameter'' to ``(1) 32 size and smaller-not more 
than six-sixteenths inch in diameter'' and by changing the statement 
for ``(2) 54 size and larger-not more than nine-sixteenths inch in 
diameter'' to ``(2) 27 size and larger-not more than nine-sixteenths 
inch in diameter.'' This change is necessary because the carton sizes 
are being reduced from 1\2/5\ bushel to \7/10\ bushel. In order to 
maintain consistency with the current practices, because the carton 
size has been reduced in volume by 50 percent, the number of fruit will 
also be reduced 50 percent, in order to preserve the equivalent sizes. 
The smaller number of fruit will now be reflected in the smaller sized 
carton.

The Regulatory Flexibility Act and Effects on Small Business

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA), 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. 
Accordingly, AMS has prepared this initial regulatory flexibility 
analysis. Interested parties are invited to submit information on the 
regulatory and informational impacts of this action on small entities.
    There are approximately 315 producers of oranges and grapefruit in 
the production area and 16 handlers who would be affected by this 
amendment. Starting August 6, 2001, small agricultural producers have 
been defined by the Small Business Administration (SBA) (13 CFR 
121.201) as those having annual receipts less than $750,000 and small 
agricultural service firms are defined as those whose annual receipts 
are less than $5,000,000. Under this definition, the majority of orange 
and grapefruit producers and handlers using the grade standards in this 
regulation may be classified as small entities.
    Using an average f.o.b. price of $8.00 per carton, 11 handlers (69 
percent) could be considered small businesses. Of the approximately 315 
producers within the production area, few have sufficient acreage to 
generate sales in excess of $750,000; therefore, a majority of 
producers of oranges and grapefruit who will be affected by this rule 
may be classified as small entities.
    This rule for the revision of U.S. Standards for Grades of Oranges 
(Texas and States other than Florida, California, and Arizona) and U.S. 
Standards for Grades of Grapefruit (Texas and States other than 
Florida, California, and Arizona) will not impose substantial direct 
economic cost, recordkeeping, or personnel workload changes on small 
entities, and will not alter the market share or competitive position 
of these entities relative to large businesses. In addition, under the 
Agricultural Marketing Act of 1946, the use of these standards is 
voluntary.
    Pursuant to a request by the Texas fruit and vegetable industry, 
this rule will revise the U.S. Standards for Grades of Oranges (Texas 
and States other than Florida, California and Arizona), and the United 
States Standards for Grades of Grapefruit (Texas and States other than 
Florida, California and Arizona) that were issued under the 
Agricultural Marketing Act of 1946. The main purpose for the request 
was to bring the standards into conformity with current packaging and 
marketing practices and technologies. This rule specifically revises 
the standard pack sections of the orange and grapefruit standards and 
the standard size section of the orange standard by redefining the 
requirements.
    Agencies periodically review existing regulations. An objective of 
the review is to ensure that the grade standards are serving their 
intended purpose, the language is clear, and the standards are 
consistent with AMS policy and authority.
    The alternative option to this rule would be to leave the standards 
in part 51 unchanged. This is not a viable alternative because this 
amendment reflects current industry practices and is consistent with 
the regulations under the Texas orange and grapefruit marketing order 
(7 CFR part 906).
    This rule contains no new information or recordkeeping requirements 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The 
Department has not identified any relevant Federal rules

[[Page 48788]]

that duplicate, overlap, or conflict with this rule.
    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 until 60 days after publication in the Federal Register 
because: (1) This rule will make the standards reflect current cultural 
and marketing practices and give industry greater flexibility in 
marketing and packaging using developing technologies; (2) this change 
to the standard should be in effect for the next season (beginning 
September, 2001); and, (3) this rule provides a 60-day comment period 
and any comments 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 record keeping 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 51.630 is revised to read as follows:


Sec. 51.630  Standard Pack.

    (a) Fruits shall be fairly uniform in size, unless specified as 
uniform in size. When packed in approved containers, fruit shall be 
arranged according to the approved and recognized methods.
    (b) ``Fairly uniform in size'' means that not more than the number 
of fruit permitted in Sec. 51.628, Tables I and II, are outside the 
ranges of diameters given in Table III.

                    Table III.--\7/10\ Bushel Carton
------------------------------------------------------------------------
                                                   Diameter in inches
        Pack size/number of grapefruit         -------------------------
                                                  Minimum      Maximum
------------------------------------------------------------------------
18............................................     4\15/16\      5\9/16\
23............................................      4\5/16\            5
27............................................      4\2/16\     4\12/16\
32............................................     3\15/16\      4\8/16\
36............................................     3\13/16\      4\5/16\
40............................................     3\10/16\      4\2/16\
48............................................      3\9/16\     3\14/16\
56............................................      3\5/16\     3\10/16\
------------------------------------------------------------------------

    (c) ``Uniform in size'' means that not more than the number of 
fruit permitted in Sec. 51.628, Tables I and II, vary more than the 
following amounts:
    (1) 32 size and smaller--not more than six-sixteenths inch in 
diameter; and
    (2) 27 size and larger--not more than nine-sixteenths inch in 
diameter.
    (d) In order to allow for variations, other than sizing, incident 
to proper packing, not more than 5 percent of the packages in any lot 
may fail to meet the requirements of standard pack.

    3. Section 51.691 is revised to read as follows:


Sec. 51.691  Standard pack for oranges except Temple variety.

    (a) Fruit shall be fairly uniform in size. When packed in approved 
containers, fruit shall be arranged according to the approved and 
recognized methods.
    (b) ``Fairly uniform in size'' means that not more than the number 
of fruit permitted in Sec. 51.689, Tables I and II, are outside the 
ranges of diameters given in Table III:

                    Table III.--\7/10\ Bushel Carton
------------------------------------------------------------------------
                                                   Diameter in inches
          Pack size/number of oranges          -------------------------
                                                  Minimum      Maximum
------------------------------------------------------------------------
24............................................     3\12/16\      5\1/16\
32............................................      3\6/16\      4\9/16\
36............................................      3\4/16\      4\6/16\
40............................................      3\2/16\      4\4/16\
48............................................     2\15/16\            4
56............................................     2\13/16\     3\13/16\
64............................................     2\11/16\     3\10/16\
72............................................      2\9/16\      3\8/16\
88............................................      2\8/16\      3\4/16\
113...........................................      2\7/16\            3
138...........................................      2\6/16\     2\12/16\
------------------------------------------------------------------------

    (c) In order to allow for variations, other than sizing, incident 
to proper packing, not more than 5 percent of the packages in any lot 
may fail to meet the requirements of standard pack.

    4. In Sec. 51.692, paragraph (a) is revised to read as follows:


Sec. 51.692  Standard Sizing.

    (a) Boxes, cartons, bag packs, or bulk loads in which oranges are 
not packed according to a definite pattern do not meet the requirements 
of standard pack, but may be certified as meeting the requirements of 
standard sizing:

[[Page 48789]]

Provided, that the ranges are fairly uniform in size as defined in 
Sec. 51.691.
* * * * *

    Dated: September 17, 2001.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 01-23654 Filed 9-21-01; 8:45 am]
BILLING CODE 3410-02-P