[Federal Register Volume 73, Number 53 (Tuesday, March 18, 2008)]
[Rules and Regulations]
[Pages 14371-14372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5359]



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 Rules and Regulations
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  Federal Register / Vol. 73, No. 53 / Tuesday, March 18, 2008 / Rules 
and Regulations  

[[Page 14371]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 905

[Docket No. AMS-FV-07-0017; FV07-905-610 Review]


Oranges, Grapefruit, Tangerines and Tangelos Grown in Florida; 
Section 610 Review

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Confirmation of regulations.

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SUMMARY: This action summarizes the results under the criteria 
contained in section 610 of the Regulatory Flexibility Act (RFA), of an 
Agricultural Marketing Service (AMS) review of Marketing Order No. 905, 
regulating the handling of oranges, grapefruit, tangerines, and 
tangelos grown in Florida (order). AMS has determined that the order 
should be continued.

ADDRESSES: Interested persons may obtain a copy of the review. Requests 
for copies should 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; or E-mail: [email protected]. A copy of the 
review may also be obtained via the Internet at: http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Doris Jamieson or Christian D. Nissen, 
Southeast Marketing Field Office, Marketing Order Administration 
Branch, Fruit and Vegetable Programs, AMS, USDA, Winter Haven, Florida 
33884; Telephone: (863) 324-3375; Fax: (863) 325-8793; or E-mail: 
[email protected] or [email protected].

SUPPLEMENTARY INFORMATION: Marketing Order No. 905, as amended (7 CFR 
part 905), regulates 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.''
    The order establishes the Citrus Administrative Committee 
(Committee) as the administrative body charged with overseeing program 
operations. Staff is hired to conduct the daily administration of the 
program. The Committee consists of 18 members. There are nine grower 
members representing four districts, and eight shipper members 
representing both independent shippers and cooperative marketing 
organizations, and one nonindustry member who represents the public. 
Each member has an alternate. Grower members and alternate members are 
elected through nomination meetings held in each district. Shipper 
members and alternate members are elected at a nomination meeting of 
shippers. The public member and alternate are nominated by the 
Committee.
    Currently, there are approximately 8,000 producers and 
approximately 75 handlers of Florida citrus. The majority of growers 
and handlers may be classified as small entities. The regulations 
implemented under the order are applied uniformly and are designed to 
benefit all entities, regardless of size.
    AMS published in the Federal Register on February 18, 1999 (64 FR 
8014), a plan to review certain regulations, including Marketing Order 
No. 905, under criteria contained in section 610 of the RFA (5 U.S.C. 
601-612). Updated plans were published in the Federal Register on 
January 4, 2002 (67 FR 525), August 14, 2003 (68 FR 48574), and again 
on March 24, 2006 (71 FR 14827). Accordingly, AMS published a notice of 
review and request for written comments on the Florida citrus marketing 
order in the June 20, 2007, issue of the Federal Register (72 FR 
33918). The deadline for comments ended August 20, 2007. Two comments 
were received in response to the notice, and are discussed later in 
this document.
    The review was undertaken to determine whether the Florida citrus 
marketing order should be continued without being changed, amended, or 
rescinded to minimize the impacts on small entities. In conducting this 
review, AMS considered the following factors: (1) The continued need 
for the order; (2) the nature of complaints or comments received from 
the public concerning the order; (3) the complexity of the order; (4) 
the extent to which the order overlaps, duplicates, or conflicts with 
other Federal rules, and, to the extent feasible, with State and local 
governmental rules; and (5) the length of time since the order has been 
evaluated or the degree to which technology, economic conditions, or 
other factors have changed in the area affected by the order.
    The order authorizes grade, size, maturity, and quality 
regulations, as well as reporting and inspection requirements. The 
order also authorizes volume regulation by limiting the shipments of 
any grade or size of any variety. The grade, size, maturity, and 
inspection regulations are also applied to imported grapefruit and 
oranges under section 608e of the Act.
    The grade, size, and maturity requirements have helped maintain 
demand for Florida citrus over the years by ensuring only quality 
product reaches the consumer. The volume control provisions of the 
order have helped stabilize supplies and prices of red seedless 
grapefruit by preventing the market from being flooded with small sizes 
during the early part of the season. The compilation and dissemination 
of aggregate statistical information collection from handlers is used 
by the industry to make informed production and marketing decisions. 
Funds to administer the order are obtained from handler assessments.
    Regarding complaints or comments received from the public 
concerning the order, AMS received two comments. One comment raised 
issues concerning country of origin labeling, which is outside the 
scope of this 610 review. One comment was in favor of the continuation 
of the order and addressed three of the five factors under 
consideration by AMS. The commenter noted that the marketing order 
helps to ensure high quality Florida citrus reaches the fresh market. 
The commenter also favored the Department's policy of recognizing small 
businesses and reviewing customer complaints.

[[Page 14372]]

    Marketing order issues and programs are discussed at public 
meetings, and all interested persons are allowed to express their 
views. All comments are considered in the decision making process by 
the Committee and the AMS before any program changes are implemented.
    In considering the order's complexity, AMS has determined that the 
order is not unduly complex.
    During the review, the order was also checked for duplication and 
overlap with other regulations. AMS did not identify any relevant 
Federal rules, or State and local regulations that duplicate, overlap, 
or conflict with the marketing order for Florida citrus. The Florida 
Department of Citrus, a state organization, is authorized to conduct 
marketing promotion programs and research for the Florida citrus 
industry. The marketing order currently does not have authority for 
marketing promotion and research.
    The order was established in 1939 and was last amended in 
September, 1989. During the 68 years the order has been effective, AMS 
and the Florida citrus industry have continuously monitored marketing 
operations. Changes in regulations have been implemented to reflect 
current industry operating practices, and to solve marketing problems 
as they occur. The goal of periodic evaluations is to ensure that the 
order and the regulations implemented under it fit the needs of the 
industry and are consistent with the Act.
    The Committee meets several times a year to discuss the order and 
the various regulations issued thereunder, and to determine if, or 
what, changes may be necessary to reflect current industry practices. 
As a result, regulatory changes have been made numerous times over the 
years to address industry operation changes and to improve program 
administration. In addition, in May 2007, the Committee voted to amend 
the order, recommending several changes including adding the authority 
for research and promotion under the order. Currently, there is an on-
going formal rulemaking proceeding to amend the order (see 73 FR 5130).
    Based on the potential benefits of the order to producers, 
handlers, and consumers, AMS has determined that the Florida citrus 
marketing order should be continued. The order was established to help 
the Florida citrus industry work with USDA to solve marketing problems. 
The order's regulations on grade, size, quality, and maturity continue 
to be beneficial to producers, handlers, and consumers. AMS will 
continue to work with the Florida citrus industry in maintaining an 
effective marketing order program.

    Dated: March 12, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
 [FR Doc. E8-5359 Filed 3-17-08; 8:45 am]
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