[Federal Register Volume 68, Number 151 (Wednesday, August 6, 2003)]
[Rules and Regulations]
[Pages 46433-46434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19970]



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  Federal Register / Vol. 68, No. 151 / Wednesday, August 6, 2003 / 
Rules and Regulations  

[[Page 46433]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 51

[Docket Number FV-00-304]


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

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: The Agricultural Marketing Service (AMS) is adopting as a 
final rule, without change, an interim final rule regarding the United 
States Standards for Grades of Grapefruit (Texas and States other than 
Florida, California and Arizona) and the United States Standards for 
Grades of Oranges (Texas and States other than Florida, California and 
Arizona). These standards are issued under the Agricultural Marketing 
Act of 1946.

EFFECTIVE DATE: September 5, 2003.

FOR FURTHER INFORMATION CONTACT: David Priester, 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 20250-0240; Fax (202) 720-8871.

SUPPLEMENTARY INFORMATION:

Background

    AMS received a request to revise the U.S. Standards for Grades of 
Grapefruit (Texas and States other than Florida, California and 
Arizona), and the United States Standards for Grades of Oranges (Texas 
and States other than Florida, California and Arizona) from members of 
the Texas fruit and vegetable industry. Members of the Texas industry 
requested that these standards be revised to reflect current cultural 
and marketing practices and give industry greater flexibility in 
marketing and packaging using developing technologies. The major 
changes requested revised the standard pack sections of the grapefruit 
and orange standards, and the standard sizing section of the orange 
standard by redefining the requirements in each section.
    AMS issued an interim final rule with request for comments on 
September 24, 2001 (66 FR 48785). A comment period of 60 days was 
provided for interested persons to respond. The comment period ended on 
November 23, 2001, and no comments were received.

Executive Order 12988 and 12866

    The Office of Management and Budget has waived the review process 
required by Executive Order 12866 for this action. This rule has been 
reviewed under Executive Order 12988, Civil Justice Reform. This action 
is not intended to have retroactive effect. This final 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.

Regulatory Flexibility Act

    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 grapefruit and oranges 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 
grapefruit and orange 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.
    The main purpose of the changes 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 grapefruit and orange standards and the standard size section of 
the orange standard by redefining the requirements. This rule 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.
    The alternative option to this rule would be to leave the standards 
unchanged. This is not a viable alternative because amendments reflect 
current industry practices and are consistent with the regulations 
under the Oranges and Grapefruit Grown in Lower Rio Grande Valley in 
Texas 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 seg.). The 
Department has not identified any relevant Federal rules that 
duplicate, overlap, or conflict with this rule.

List of Subjects in 7 CFR Part 51

    Agricultural commodities, Food grades and standards, Fruits, Nuts, 
Reporting and recordkeeping requirements, Trees, Vegetables.

PART 51--[AMENDED]

0
According, the interim final rule amending CFR part 51 which was 
published at 66 FR 48785 on September 24, 2001, is adopted as a final 
rule without change.


[[Page 46434]]


    Dated: July 31, 2003.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 03-19970 Filed 8-5-03; 8:45 am]
BILLING CODE 3410-02-P