[Federal Register Volume 70, Number 168 (Wednesday, August 31, 2005)]
[Rules and Regulations]
[Pages 51574-51578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17321]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 906

[Docket No. FV05-906-1 IFR]


Oranges and Grapefruit Grown in Lower Rio Grande Valley in Texas; 
Changes to Container and Pack Requirements

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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SUMMARY: This rule revises the container and pack requirements 
currently prescribed under the marketing order (order) covering oranges 
and grapefruit grown in the Lower Rio Grande Valley in Texas. The order 
regulates the handling of such fruit and is administered locally by the 
Texas Valley Citrus Committee (Committee). This rule revises the orange 
and grapefruit rules and regulations and container requirements by 
adding eight new containers to the list of authorized containers for 
use by Texas citrus handlers, removing one obsolete container, and by 
combining all the requirements on authorized bags into one grouping for 
easier reference. Other changes would revise incorrect references to 
the U.S. grade standards for oranges and grapefruit grown in Texas. 
These changes are expected to help handlers compete more effectively in 
the marketplace, better meet the needs of buyers, and to improve 
producer returns.

DATES: Effective September 1, 2005; comments received by October 31, 
2005 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, 
Marketing Order Administration Branch, Fruit and Vegetable Programs, 
AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 
20250-0237; Fax: (202) 720-8938; E-mail: [email protected]; or 
Internet: http://www.regulations.gov. 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, or can be viewed at: 
http://www.ams.usda.gov/fv/moab.html.

FOR FURTHER INFORMATION CONTACT:  Belinda G. Garza, Regional Manager, 
Texas Marketing Field Office, Marketing Order Administration Branch, 
Fruit and Vegetable Programs, AMS, USDA; Telephone: (956) 682-2833, 
Fax: (956) 682-5942; 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 and Order No. 906, as amended (7 CFR part 906), regulating 
the handling of oranges and grapefruit grown in the Lower Rio Grande 
Valley in Texas, 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 (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.
    This rule revises container and pack requirements currently 
prescribed under the Texas orange and grapefruit order and makes 
several conforming and formatting changes. The rule revises the rules 
and regulations and container requirements by adding eight new 
containers to the list of authorized containers for use by Texas citrus 
handlers, removing one obsolete container, combining all of the 
requirements on authorized bags into one grouping for easier reference. 
Other changes include revising incorrect references to the U.S. grade 
standards for oranges and grapefruit grown in Texas and States other 
than Florida, California, and Arizona (7 CFR 51.680 through 51.714 for 
oranges, and 7 CFR 51.620 through 51.653 for grapefruit). See 68 FR 
46433, August 6, 2003; and 66 FR 48785, September 24, 2001, for 
information on changes in the grade standards that necessitate changes 
to the Texas citrus handling regulations.

[[Page 51575]]

    These changes are expected to help handlers compete more 
effectively in the marketplace, better meet the needs of buyers, and to 
improve producer returns by lessening the chances of confusion in the 
marketplace. In addition, this rule is needed to bring the 
administrative rules and regulations into conformance with amendments 
to the U.S. grade standards. These changes were unanimously recommended 
by the Committee on May 26, 2005.
    The Committee's Container Subcommittee met on May 26, 2005, and 
discussed in detail possible changes to the order's container 
requirements. The Subcommittee recommended and the Committee 
unanimously approved the following changes to the orange and grapefruit 
container requirements and conforming changes to the rules and 
regulations to bring them into conformity with current industry 
marketing practices:
    (1) The addition of eight new containers to the list of approved 
containers for use by Texas citrus handlers;
    (2) Elimination of one obsolete wire crib from the container list, 
combining five approved bags currently listed separately into one 
paragraph for easier reference, and removal of some obsolete language 
in one container listing;
    (3) Removal of references no longer needed in the Texas citrus 
regulations because of changes made to the U.S. grade standards for 
Texas oranges and grapefruit; and
    (4) Correction of references to legal citations in the regulations.
    Under the terms of the order, fresh market shipments of oranges and 
grapefruit grown in the Lower Rio Grande Valley in Texas are required 
to be inspected and meet grade, size, container, and pack requirements. 
Section 906.40 of the citrus marketing order authorizes the issuance of 
container and pack regulations. Section 906.340(a)(1) of the order's 
rules and regulations outlines container requirements for fresh 
shipments of Texas oranges and grapefruit. Container standardization 
helps prevent marketing confusion and helps foster orderly marketing.
    Section 906.340 of the rules and regulations currently specifies 12 
containers authorized for use by Texas citrus handlers in paragraphs 
(a)(1)(i) through (xi). Paragraph (a)(1)(xi) of Sec.  906.340 also 
authorizes the Committee to approve other types of containers for 
testing purposes. Such test containers are subject to prior approval 
and their use by handlers is supervised by the Committee.
    Over the years, the Committee has approved experimental containers 
for use by the Texas citrus industry. The need for experimental 
containers is reviewed by the Committee at the beginning of each 
season. Because buyers, including retailers, have continued to request 
an increasing array of containers to meet their various display 
objectives, the number of Committee approved experimental containers 
has increased to 11.
    The Committee recently reviewed its experimental container list and 
decided to convert those being used by handlers to permanent status and 
to eliminate those that are no longer in use to lessen the chances of 
confusion and to reflect current industry practices. The Committee, 
therefore, recommended converting to permanent status 8 experimental 
containers which are now widely used by the Texas citrus industry. The 
following containers are being added from the experimental to the 
permanent container list:
    (1) A fiberboard box holding two layers of fruit, with approximate 
dimensions of 23 inches in length, 15\1/2\ inches in width, and 7 
inches in depth;
    (2) A fiberboard box with approximate dimensions of 15 inches in 
length, 11 inches in width, and 7\1/4\ inches in depth;
    (3) A fiberboard box with approximate dimensions of 25\3/4\ inches 
in length, 15 inches in width, and 8\3/8\ to 10\1/2\ inches in depth;
    (4) A reusable collapsible plastic container with approximate 
dimensions of 23 inches in length, 15 inches in width, and 7 to 11 
inches in depth;
    (5) A reusable collapsible plastic container with approximate 
dimensions of 14\1/4\ x 10\3/4\ x 6\3/4\ inches;
    (6) A reusable collapsible plastic bin with approximate dimensions 
of 36\3/4\ x 44\3/4\ x 27 inches;
    (7) An octagonal bulk triple wall fiberboard crib with approximate 
dimensions of 37\3/4\ inches in length, 25 inches in width, and 25 
inches in height: Provided, That the container has a Mullen or Cady 
test of at least 1,100 pounds: And Provided further, That the container 
may be used to pack any poly or mesh bags authorized in this section, 
or bulk fruit; and
    (8) A closed fiberboard carton with approximate dimensions of 16\1/
2\ inches in length, 10\3/4\ inches in width, and 6\15/16\ inches in 
height: Provided, That the container has a Mullen or Cady test of at 
least 200 pounds.
    Retail buyers are highly competitive and experiment frequently with 
various in-store displays utilizing many container shapes and sizes. 
This on-going experimentation is influenced by European container 
development, consumer preferences, evolving handling/racking systems, 
and other variables. These forces have combined to demand an ever-
increasing number of containers on the experimental list. The intent of 
this action is to reduce the experimental container list to those which 
truly are still experimental. The Committee believes that the permanent 
container list should include all the containers that the Texas citrus 
industry is now using. Adding the widely used containers to the 
permanent list and eliminating the unused containers will bring the 
requirements into conformity with current industry operating practices. 
This change does not preclude additional containers being put on the 
experimental list, when necessary.
    The Committee also recommended eliminating one wire crib on the 
permanent list with dimensions of 46\1/2\ by 37 by 30 inches, which is 
no longer being used by the industry. In addition, the Committee 
recommended combining five separate bag requirements into one paragraph 
to allow for easier reference. Currently, paragraph (a)(1) of Sec.  
906.340 lists bags with a capacity of five, eight, ten, or 18 pounds of 
fruit, and four-pound poly or vexar bags for oranges only, in 
paragraphs (iv), (v), (x), and (xi). This action combines all the bag 
requirements into one paragraph so all of the authorized bags can be 
more easily identified. In addition, the Committee indicated that a 
reference to Freight Container Tariff 2G currently in Sec.  
906.340(a)(1)(ii) is obsolete and recommended that it be removed.
    The U.S. grade standards for Texas oranges and grapefruit were 
revised in 2003 to reflect current cultural and marketing practices and 
give the industry greater flexibility in marketing and packaging using 
developing technologies. The major changes 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. To bring the order regulations into conformity with the 
revised grade standards, in paragraphs (c)(3)(iii) and (e) of Sec.  
906.120, the words ``which are packed level full,'' and ``the term 
level full means that the fruit is level with the top edge of the 
bottom section of the carton;'', respectively, are removed. In 
addition, in the introductory text of paragraph (a)(2)(i)(A) of Sec.  
906.340, the comma after ``and'' and the words ``when place packed in 
cartons or other containers,'' are removed. Also, in the introductory 
text of paragraph (a)(2)(ii)(A) of

[[Page 51576]]

Sec.  906.340, the words ``when place packed in cartons or other 
containers'' and ``and otherwise meet the requirements of standard 
sizing'', when referring to grapefruit only, are removed.
    Furthermore, this rule revises several references to the U.S. 
standards for grapefruit and oranges for Texas and States other than 
Florida, California, and Arizona in paragraph (b) of Sec.  906.137 in 
the regulations to correctly identify applicable sections of the U.S. 
grade standards. A reference to ``51.685'' of the U.S. grade standards 
for grapefruit is incorrect and is revised to ``51.653'' to accurately 
reflect sections of the grapefruit standard. Also, an incorrect 
reference to ``51.712'' of the U.S. grade standards for oranges is 
revised to ``51.714''. In addition, a reference to ``51.652'' in 
paragraph (c) of Sec.  906.340 is revised to ``51.653''.

Initial 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 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 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 18 handlers of oranges and grapefruit who 
are subject to regulation under the order and approximately 212 
producers in the production area. Small agricultural service firms are 
defined by the Small Business Administration (SBA) (13 CFR 121.201) as 
those having annual receipts of less than $6,000,000, and small 
agricultural producers are defined as those having annual receipts of 
less than $750,000. The majority of Texas orange and grapefruit 
handlers and producers may be classified as small entities.
    Last year, 6 of the 18 handlers (33 percent) each shipped over 
545,951 7/10 bushel cartons of oranges and grapefruit. Using an average 
f.o.b. price of $10.99 per carton, these handlers could be considered 
large businesses by the SBA, and the remaining 12 handlers (67 percent) 
could be considered small businesses. Of the approximately 212 
producers within the production area, few have sufficient acreage to 
generate sales in excess of $750,000; therefore, a majority of 
producers of Texas oranges and grapefruit may be classified as small 
entities.
    This rule revises container and pack requirements currently 
prescribed under the Texas orange and grapefruit order and makes 
several conforming and formatting changes. The rule revises the rules 
and regulations and container requirements by adding eight new 
containers to the list of authorized containers for use by Texas citrus 
handlers, removing one obsolete container, combining all of the 
requirements on authorized bags into one grouping for easier reference. 
Other changes include revising incorrect references to the U.S. grade 
standards for oranges and grapefruit grown in Texas and States other 
than Florida, California, and Arizona (7 CFR 51.680 through 51.714 for 
oranges, and 7 CFR 51.620 through 51.653 for grapefruit). See 68 FR 
46433, August 6, 2003; and 66 FR 48785, September 24, 2001, for 
information on changes to the grade standards that necessitate changes 
in the Texas citrus handling regulations.
    These changes are expected to help handlers compete more 
effectively in the marketplace, better meet the needs of buyers, and to 
improve producer returns by lessening the chances of confusion in the 
marketplace. In addition, this rule is needed to bring the order's 
rules and regulations into conformance with amendments to the U.S. 
grade standards. These changes were unanimously recommended by the 
Committee on May 26, 2005.
    The Committee's Container Subcommittee met on May 26, 2005, and 
discussed in detail possible changes to the order's container 
requirements. The Subcommittee recommended and the Committee 
unanimously approved the following changes to the orange and grapefruit 
container requirements and conforming changes to the rules and 
regulations to bring them into conformity with current industry 
marketing practices: (1) The addition of eight new containers to the 
list of approved containers for use by Texas citrus handlers; (2) 
Elimination of one obsolete wire crib from the container list, 
combining the requirements of five approved bags currently listed 
separately into one paragraph for easier reference, and removing 
obsolete language in one container listing; (3) Removing references no 
longer needed in the Texas citrus regulations because of changes made 
to the U.S. grade standards for Texas oranges and grapefruit; and (4) 
Correcting references to legal citations in the regulations.
    Under the terms of the order, fresh market shipments of oranges and 
grapefruit grown in the Lower Rio Grande Valley in Texas are required 
to be inspected and meet grade, size, container, and pack requirements. 
Section 906.40 of the citrus marketing order authorizes the issuance of 
container and pack regulations. Section 906.340(a)(1) of the order's 
rules and regulations outlines container requirements for fresh 
shipments of Texas oranges and grapefruit. Container standardization 
helps prevent marketing confusion.
    Section 906.340 of the rules and regulations currently specifies 12 
containers authorized for use by Texas citrus handlers in paragraphs 
(a)(1)(i) through (xi). Paragraph (a)(1)(xi) of Sec.  906.340 also 
authorizes the Committee to approve other types of containers for 
testing purposes. Such test containers are subject to prior approval 
and under the supervision of the Committee.
    Over the years, the Committee has approved experimental containers 
for use by the Texas citrus industry. The need for experimental 
containers is reviewed by the Committee at the beginning of each 
season. Because buyers, including retailers, have continued to request 
an increasing array of containers to meet their various display 
objectives, the number of Committee approved experimental containers 
has increased to 11.
    The Committee recently reviewed its experimental container list and 
decided to convert those being used by handlers to permanent status and 
to eliminate those that are no longer in use to lessen the chances of 
confusion and to reflect current industry practices. The Committee, 
therefore, recommended converting to permanent status 8 experimental 
containers which are now widely used by the Texas citrus industry. The 
following containers are being added from the experimental container 
list to the permanent container list:
    (1) A fiberboard box holding two layers of fruit, with approximate 
dimensions of 23 inches in length, 15\1/2\ inches in width, and 7 
inches in depth;
    (2) A fiberboard box with approximate dimensions of 15 inches in 
length, 11 inches in width, and 7\1/4\ inches in depth;
    (3) A fiberboard box with approximate dimensions of 25\3/4\ inches 
in length, 15 inches in width, and 8\3/8\ to 10\1/2\ inches in depth;
    (4) A reusable collapsible plastic container with approximate 
dimensions of 23 inches in length, 15 inches in width, and 7 to 11 
inches in depth;

[[Page 51577]]

    (5) a reusable collapsible plastic container with approximate 
dimensions of 14\1/4\ x 10\3/4\ x 6\3/4\ inches;
    (6) A reusable collapsible plastic bin with approximate dimensions 
of 36\3/4\ x 44\3/4\ x 27 inches;
    (7) An octagonal bulk triple wall fiberboard crib with approximate 
dimensions of 37\3/4\ inches in length, 25 inches in width, and 25 
inches in height: Provided, That the container has a Mullen or Cady 
test of at least 1,100 pounds: And Provided further, That the container 
may be used to pack any poly or mesh bags authorized in this section, 
or bulk fruit; and
    (8) A closed fiberboard carton with approximate dimensions of 16\1/
2\ inches in length, 10\3/4\ inches in width, and 6\15/16\ inches in 
height: Provided, That the container has a Mullen or Cady test of at 
least 200 pounds.
    Retail buyers are highly competitive and experiment frequently with 
various in-store displays utilizing many container shapes and sizes. 
This on-going experimentation is influenced by European container 
development, consumer preferences, evolving handling/racking systems, 
and other variables. These forces have combined to demand an ever-
increasing number of containers on the experimental list. The intent of 
this action is to reduce the experimental container list to those which 
truly are still experimental. The Committee believes that the permanent 
container list should include all the containers the Texas citrus 
industry is now using. Moving the widely used containers from the 
experimental list to the permanent list and eliminating unused 
containers will bring the container requirements into conformity with 
industry operating practices. This change does not preclude additional 
containers being put on the experimental list, when necessary.
    The Committee also recommended eliminating one wire crib on the 
permanent list with dimensions of 46\1/2\ by 37 by 30 inches, which is 
no longer being used by the industry. In addition, the Committee 
recommended combining five separate bag requirements into one paragraph 
to allow for easier reference. Currently, paragraph (a)(1) of Sec.  
906.340 lists bags with a capacity of five, eight, ten, or 18 pounds of 
fruit, and four-pound poly or vexar bags for oranges only, in 
paragraphs (iv), (v), (x), and (xi). This rule combines all the bag 
requirements into one paragraph so all authorized bags can be more 
easily identified. In addition, the Committee indicated that a 
reference to Freight Container Tariff 2G currently in Sec.  
906.340(a)(1)(ii), is obsolete and recommended that it be removed.
    The U.S. grade standards for Texas oranges and grapefruit were 
revised in 2003 to reflect current cultural and marketing practices and 
give the industry greater flexibility in marketing and packaging using 
developing technologies. The major changes 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. To bring the order regulations into conformity with the 
revised grade standards, in paragraphs (c)(3)(iii) and (e) of Sec.  
906.120, the words ``which are packed level full,'' and ``the term 
level full means that the fruit is level with the top edge of the 
bottom section of the carton;'', respectively, are removed. In 
addition, in the introductory text of paragraph (a)(2)(i)(A) of Sec.  
906.340, the comma after ``and'' and the words ``when place packed in 
cartons or other containers,'' are removed. Also, in the introductory 
text of paragraph (a)(2)(ii)(A) of Sec.  906.340, the words ``when 
place packed in cartons or other containers'' and ``and otherwise meet 
the requirements of standard sizing'', when referring to grapefruit 
only, are removed.
    Furthermore, this rule revises several references to the U.S. 
standards for grapefruit and oranges for Texas and States other than 
Florida, California, and Arizona in paragraph (b) of Sec.  906.137 in 
the regulations to correctly identify applicable sections of the U.S. 
grade standards. A reference to ``51.685'' of the U.S. grade standards 
for grapefruit is incorrect and is revised to ``51.653'' to accurately 
reflect sections of the grapefruit standard. Also, an incorrect 
reference to ``51.712'' of the U.S. grade standards for oranges is 
revised to ``51.714''. In addition, a reference to ``51.652'' in 
paragraph (c) of Sec.  906.340 is revised to ``51.653''.
    The benefits of these changes are expected to be equally available 
to all Texas citrus producers and handlers regardless of their size of 
operation. The recommended changes offer benefits to the entire Texas 
citrus industry. These changes will enable handlers to compete more 
effectively in the marketplace by lessening the chances of marketing 
confusion. These changes also will contribute to the industry's long-
term objective of marketing as much citrus as possible.
    These regulation changes are expected to lead to market expansion. 
The alternative of leaving the regulations unchanged would not bring 
the regulations into conformity with industry operating practices. 
Accordingly, in assessing alternatives to the changes provided in this 
interim final rule, this action provides the most beneficial results.
    This rule will not impose any additional reporting or recordkeeping 
requirements on either small or large Texas orange and grapefruit 
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, 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 Texas orange and grapefruit industry and all interested persons 
were invited to attend the meeting and participate in Committee 
deliberations. Like all Committee meetings, the May 26, 2005, meeting 
was a public meeting and all entities, both large and small, were able 
to express their views on this issue.
    Also, the Committee has a number of appointed subcommittees to 
review certain issues and make recommendations to the Committee. The 
Committee's Container Subcommittee met on May 26, 2005, and discussed 
this issue in detail. That meeting was also a public meeting and both 
large and small entities were able to participate and express their 
views. Finally, 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: 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.
    This rule invites comments on changes to the rules and regulations 
and container requirements currently prescribed under the Texas citrus 
marketing order. Any comments received will be considered prior to 
finalization of this rule.
    After consideration of all relevant material presented, including 
the Committee's recommendation, and other information, it is found that 
this interim final rule, as hereinafter set forth, will tend to 
effectuate the declared policy of the Act.
    Pursuant to 5 U.S.C. 553, it is also found and determined upon good 
cause that it is impracticable, unnecessary,

[[Page 51578]]

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 relaxes 
container requirements for oranges and grapefruit; (2) the regulatory 
period begins September 1 and this action should be in effect promptly 
so handlers can plan accordingly; (3) the Committee unanimously 
recommended these changes at a public meeting and interested parties 
had an opportunity to provide input; and (4) this rule provides a 60-
day comment period and any comments received will be considered prior 
to finalization of this rule.

List of Subjects in 7 CFR Part 906

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


0
For the reasons set forth in the preamble, 7 CFR part 906 is amended as 
follows:

PART 906--ORANGES AND GRAPEFRUIT GROWN IN LOWER RIO GRANDE VALLEY 
IN TEXAS

0
1. The authority citation for 7 CFR part 906 continues to read as 
follows:

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


Sec.  906.120  [Amended]

0
2. In Sec.  906.120, paragraph (c)(3)(iii), remove the words ``which 
are packed level full,''; and in paragraph (e), remove the words ``the 
term level full means that the fruit is level with the top edge of the 
bottom section of the carton;''.


Sec.  906.137  [Amended]

0
3. In Sec.  906.137, paragraph (b), change the number ``51.685'' to 
``51.653'' and the number ``51.712'' to ``51.714''.

0
4. Section 906.340 is amended as follows:
0
A. Revise paragraph (a)(1) to read as set forth below;
0
B. Amend paragraph (a)(2)(i)(A) introductory text by removing the words 
``, when place packed in cartons or other containers,'';
0
C. Amend paragraph (a)(2)(ii)(A) introductory text by removing the 
words ``when place packed in cartons or other containers'' and ``and 
otherwise meet the requirements of standard sizing''; and
0
D. Amend paragraph (c) by revising ``51.652'' to read ``51.653''.


Sec.  906.340  Container, pack, and container marking regulations.

    (a) * * *
    (1) Containers. (i) Closed fiberboard carton with inside dimensions 
of 13\1/4\ x 10\1/2\ x 7\1/4\ inches: Provided, That the container has 
a Mullen or Cady test of at least 200 pounds;
    (ii) Closed fully telescopic fiberboard carton with inside 
dimensions of 16\1/2\ x 10\3/4\ x 9\1/2\ inches;
    (iii) Closed fiberboard carton with inside dimensions of 20 x 13\1/
4\ inches and a depth from 9\3/4\ to 13 inches: Provided, That the 
container has a Mullen or Cady test of at least 250 pounds: And 
Provided further, That the container may be used to pack any poly or 
mesh bags authorized in this section;
    (iv) Poly or mesh bags having a capacity of four, five, eight, ten, 
or 18 pounds of fruit: Provided, That only oranges are to be packed in 
the four-pound bag.
    (v) Rectangular or octagonal bulk fiberboard crib with approximate 
dimensions of 46 to 47\1/2\ inches in length, 37 to 38 inches in width, 
and 36 inches in height: Provided, That this container has a Mullen or 
Cady test of at least 1,300 pounds, and that it is used only once for 
the shipment of citrus fruit: And Provided further, That the container 
may be used to pack any poly or mesh bags authorized in this section, 
or bulk fruit.
    (vi) Rectangular or octagonal \2/3\ fiberboard crib with 
approximate dimensions of 46 to 47\1/2\ inches in length, 37 to 38 
inches in width, and 24 inches in height: Provided, That the crib has a 
Mullen or Cady test of at least 1,300 pounds, and that it is used only 
once for the shipment of citrus fruit: And Provided further, That the 
container may be used to pack any poly or mesh bags authorized in this 
section, or bulk fruit.
    (vii) Octagonal fiberboard crib with approximate dimensions of 46 
to 47\1/2\ inches in width, 37 to 38 inches in depth, and 26 to 26\1/2\ 
inches in height: Provided, That the crib has a Mullen or Cady test of 
at least 1,300 pounds, and that it is used only once for the shipment 
of citrus fruit: And Provided further, That the crib may be used to 
pack any poly or mesh bags authorized in this section, or bulk fruit.
    (viii) Fiberboard box holding two layers of fruit, with approximate 
dimensions of 23 inches in length, 15\1/2\ inches in width, and 7 
inches in depth;
    (ix) Fiberboard box with approximate dimensions of 15 inches in 
length, 11 inches in width, and 7\1/2\ inches in depth;
    (x) Fiberboard box with approximate dimensions of 25\3/4\ inches in 
length, 15 inches in width, and 8\3/8\ to 10\1/2\ inches in depth;
    (xi) Reusable collapsible plastic container with approximate 
dimensions of 23 inches in length, 15 inches in width, and 7 to 11 
inches in depth;
    (xii) Reusable collapsible plastic container with approximate 
dimensions of 14\1/4\ x 10\3/4\ x 6\3/4\ inches;
    (xiii) Reusable collapsible plastic bin with approximate dimensions 
of 36\3/4\ x 44\3/4\ x 27 inches;
    (xiv) Octagonal bulk triple wall fiberboard crib with approximate 
dimensions of 37\3/4\ inches in length, 25 inches in width, and 25 
inches in height: Provided, That the container has a Mullen or Cady 
test of at least 1,100 pounds: And Provided further, That the container 
may be used to pack any poly or mesh bags authorized in this section, 
or bulk fruit;
    (xv) Closed fiberboard carton with approximate dimensions of 16\1/
2\ inches in length, 10\3/4\ inches in width, and 6\15/16\ inches in 
height: Provided, That the container has a Mullen or Cady test of at 
least 200 pounds;
    (xvi) Such types and sizes of containers as may be approved by the 
committee for testing in connection with a research project conducted 
by or in cooperation with the committee: Provided, That the handling of 
each lot of fruit in such test containers shall be subject to prior 
approval and under the supervision of the committee.
* * * * *

    Dated: August 26, 2005.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. 05-17321 Filed 8-30-05; 8:45 am]
BILLING CODE 3410-02-P