[Federal Register Volume 67, Number 212 (Friday, November 1, 2002)]
[Rules and Regulations]
[Pages 66527-66529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27764]



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  Federal Register / Vol. 67, No. 212 / Friday, November 1, 2002 / 
Rules and Regulations  

[[Page 66527]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 905

[Docket No. FV02-905-3 FIR]


Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida; 
Removing Dancy and Robinson Tangerine Varieties From the Rules and 
Regulations

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: The Department of Agriculture (USDA) is adopting, as a final 
rule, without change, an interim final rule that removed the Dancy and 
Robinson varieties of tangerines from the regulated varieties of 
Florida citrus prescribed under the marketing order covering oranges, 
grapefruit, tangerines, and tangelos grown in Florida (order). The 
order is administered locally by the Citrus Administrative Committee 
(committee). This rule also continues in effect the removal of a 
section of the rules and regulations dealing with handling procedures 
for Dancy and Robinson tangerines. Production of these varieties has 
declined and is expected to continue to decline. Removing these 
varieties will not have a significant impact on the tangerine market.

EFFECTIVE DATE: December 2, 2002.

FOR FURTHER INFORMATION CONTACT: William G. Pimental, Southeast 
Marketing Field Office, Marketing Order Administration Branch, Fruit 
and Vegetable Programs, AMS, USDA, 799 Overlook Drive, Suite A, Winter 
Haven, Florida 33884-1671; telephone: (863) 324-3375, Fax: (863) 325-
8793; or George Kelhart, Technical Advisor, Marketing Order 
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 
Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; 
telephone: (202) 720-2491, Fax: (202) 720-8938.
    Small businesses may request information on complying with this 
regulation by contacting Jay Guerber, Marketing Order Administration 
Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence 
Avenue SW., STOP 0237, Washington, DC 20250-0237; telephone: (202) 720-
2491, Fax: (202) 720-8938, or E-mail: [email protected].

SUPPLEMENTARY INFORMATION: This 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 order is effective under the Agricultural Marketing 
Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter 
referred to as the ``Act.''
    USDA 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. 
This rule 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 USDA 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 USDA would rule on the petition. The Act provides 
that the 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 USDA's ruling on the petition, 
provided an action is filed not later than 20 days after the date of 
the entry of the ruling.
    The order provides for the establishment of grade and size 
requirements for Florida citrus, with the concurrence of USDA. These 
grade and size requirements are designed to provide fresh markets with 
citrus fruit of acceptable quality and size. This helps create buyer 
confidence and contributes to stable marketing conditions. This is in 
the interest of growers, handlers, and consumers, and is designed to 
increase returns to Florida citrus growers.
    This rule continues in effect the removal of Dancy and Robinson 
tangerines from the regulated varieties of Florida citrus fruit 
prescribed under the marketing order covering oranges, grapefruit, 
tangerines, and tangelos grown in Florida. Production of these 
varieties has declined, and it is expected that production will 
continue to decline. Removing these varieties from the minimum grade 
and size requirements will not have a significant impact on the overall 
quality of tangerines. This action was unanimously recommended by the 
committee at its meeting on May 22, 2002.
    Section 905.52 of the order, in part, authorizes the committee to 
recommend minimum grade and size regulations to USDA. Section 905.306 
of the order's rules and regulations specifies the regulation period 
and the minimum grade and size requirements for different varieties of 
fresh Florida citrus. Such requirements for domestic shipments are 
specified in Sec.  905.306 in Table I of paragraph (a), and for export 
shipments in Table II of paragraph (b).
    This rule continues to modify Sec.  905.306 by deleting Dancy 
tangerines and Robinson tangerines from the list of entries in Table I 
of paragraph (a), and in Table II of paragraph (b). In its 
deliberations, the committee realized that Dancy tangerines and 
Robinson tangerines no longer significantly impact the citrus market. 
During the 2001-02 season, total shipments of Dancy tangerines were 
12,798 cartons. Florida Department of Agriculture statistics show that 
in 2000-01, 23,000 cartons were shipped. This is down from 94,000 
cartons shipped during the 1997-98 season. During 2001-02, only 124,249 
cartons of Robinson tangerines were shipped. Florida Department of 
Agriculture statistics show that in 2000-01, 165,000 cartons were 
shipped. This is down from 262,000 cartons shipped in 1997-98. 
Production of these varieties has declined as newer varieties

[[Page 66528]]

have been developed and planted. The decline is expected to continue. 
Shipments of these varieties represented less than 3 percent of fresh 
shipments of early tangerines during the 2001-02 season. Consequently, 
the committee believes that the current market share and shipment 
levels justify removal of minimum grade and size requirements for these 
varieties.
    Section 905.152 sets forth procedures for determining handlers' 
permitted quantities of Dancy and Robinson tangerine varieties when a 
portion of the 210 size of these varieties was restricted. Because 
Dancy and Robinson tangerines no longer have to meet size requirements, 
Sec.  905.152 is unnecessary and the removal of this section is 
continued.

Final Regulatory Flexibility Analysis

    Pursuant to 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. Accordingly, AMS has 
prepared this final 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 the 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 11,000 producers of Florida citrus in the 
production area and approximately 75 tangerine handlers subject to 
regulation under the marketing order. Small agricultural producers are 
defined by the Small Business Administration (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.
    Based on industry and committee data, the average annual F.O.B. 
price for fresh early Florida tangerines during the 2000-01 season was 
around $10.00 per \4/5\-bushel carton, and total fresh shipments of 
early tangerines for the 2001-02 season were approximately 5.2 million 
cartons.
    Approximately 20 percent of all handlers handled 77 percent of 
Florida tangerine shipments. Using tangerine shipments and the average 
F.O.B. prices, it can be determined that the majority of Florida 
tangerine handlers could be considered small businesses under SBA's 
definition. In addition, the majority of Florida citrus growers may be 
classified as small entities.
    This rule continues in effect the removal of Dancy and Robinson 
tangerines from the varieties of citrus regulated under the order. 
These varieties are no longer required to meet the minimum grade and 
size requirements. Production of these varieties has declined and it is 
expected that production will continue to decline. Removing these 
varieties from the list of regulated varieties will not have a 
significant impact on the tangerine market.
    Section 905.52 of the order, in part, authorizes the committee to 
recommend minimum grade and size regulations to the USDA. Section 
905.306 of the order's rules and regulations specifies the regulation 
period and the minimum grade and size requirements for different 
varieties of fresh Florida citrus. This rule continues in effect 
modifications to Sec.  905.306 of the rules and regulations concerning 
covered varieties and minimum grade and size requirements, 
respectively. This rule also continues to remove Sec.  905.152.
    This rule is expected to have a positive impact on affected 
entities because these varieties are being removed from the handling 
requirements. Because this rule continues to relax the handling 
requirements by removing two varieties from the list of varieties 
regulated, handlers will be able to market these varieties free from 
the order's requirements. There are no additional costs imposed on 
growers and handlers with this rule.
    Only a total of approximately 137,000 cartons of these tangerines 
were shipped during the 2001-02 season. Florida Department of 
Agriculture statistics show that in 2000-01, a total of 188,000 cartons 
of these varieties were shipped. This is down from a total of 356,000 
cartons of Dancy and Robinson tangerines shipped during the 1997-98 
season. Shipments of these varieties accounted for less than 3 percent 
of the overall 5.2 million cartons of early Florida tangerines shipped 
during the 2001-02 season. Production of these varieties has declined 
as newer varieties have been developed and planted. The decline in 
production of these varieties is expected to continue. Most producers 
have already discontinued growing these varieties and handlers find it 
easier to sell the newer varieties that have been developed. The 
benefits derived from this change are expected to benefit both large 
and small entities equally.
    One alternative discussed was to make no change to the order's 
handling regulations. The committee saw this alternative as being of no 
benefit to the industry because of the declining production and minimal 
market share of these varieties. The committee believes these varieties 
have no significant impact on the tangerine market and agreed that 
action should be taken to remove these varieties from the handling 
regulations, so this alternative was rejected.
    Another alternative was to also remove the Ambersweet variety from 
the regulations. However, the committee determined that annual 
shipments of this variety are at a level that impacts the market and, 
therefore, this alternative was rejected.
    This rule will not impose any additional reporting or recordkeeping 
requirements on either small or large Florida tangerine handlers. As 
with all Federal marketing order programs, reports and forms are 
periodically reviewed to reduce information requirements and 
duplication by industry and public sector agencies. In addition, as 
noted in the initial regulatory flexibility analysis, USDA has not 
identified any relevant Federal rules that duplicate, overlap or 
conflict with this rule.
    Further, the committee's meeting was widely publicized throughout 
the citrus industry and all interested persons were invited to attend 
the meeting and participate in the committee's deliberations. Like all 
committee meetings, the May 22, 2002, meeting was a public meeting and 
all entities, both large and small, were able to express their views on 
this issue.
    An interim final rule concerning this action was published in the 
Federal Register on July 23, 2002. Copies of the rule were mailed or 
sent via facsimile to all Committee members and handlers. In addition, 
the rule was made available through the Internet by the Office of the 
Federal Register and USDA. That rule provided for a 60-day comment 
period which ended September 23, 2002. No comments were received.
    A small business guide on complying with fruit, vegetable, and 
specialty crop marketing agreements and orders may be viewed at: 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 committee's recommendation, and other information, it is found that 
finalizing the interim final rule, without change, as published in the 
Federal Register (67

[[Page 66529]]

FR 48015, July 23, 2002) will tend to effectuate the declared policy of 
the Act.

List of Subjects in 7 CFR Part 905

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

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

    Accordingly, the interim final rule amending 7 CFR part 905 which 
was published at 67 FR 48015 on July 23, 2002, is adopted as a final 
rule without change.

    Dated: October 28, 2002.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 02-27764 Filed 10-31-02; 8:45 am]
BILLING CODE 3410-02-P