Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida; Limiting the Volume of Small Red Seedless Grapefruit, 5915-5917 [05-2154]
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5915
Rules and Regulations
Federal Register
Vol. 70, No. 23
Friday, February 4, 2005
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 905
[Docket No. FV04–905–3 FIR]
Oranges, Grapefruit, Tangerines, and
Tangelos Grown in Florida; Limiting
the Volume of Small Red Seedless
Grapefruit
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
SUMMARY: This rule removes the weekly
percentages established for the first 22
weeks of the 2004–05 season beginning
September 20, 2004. The Citrus
Administrative Committee voted to take
this action following the crop losses the
industry sustained from Hurricanes
Charley, Frances, and Jeanne. It is
expected that this action will provide
more red seedless grapefruit for
shipment to the fresh fruit market.
DATES: Effective February 5, 2005.
FOR FURTHER INFORMATION CONTACT:
Doris Jamieson, Southeast Marketing
Field Office, Marketing Order
Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, 799
Overlook Drive, Suite A, Winter Haven,
Florida 33884; 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–
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14:01 Feb 03, 2005
Jkt 205001
2491, Fax: (202)720–8938, or E-mail:
Jay.Guerber@usda.gov.
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 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.’’
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 removes the weekly
percentages established for the first 22
weeks of the 2004–05 season beginning
September 20, 2004. 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 terminates an interim final
rule published in the Federal Register
on August 16, 2004 (69 FR 50269)
which established limits on the volume
of small red seedless grapefruit entering
the fresh market. This rule removes the
weekly percentages established for the
first 22 weeks of the 2004–05 season
beginning September 20, 2004. The
Committee voted to terminate this
action following its crop losses from
Hurricanes Charley, Frances, and
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Fmt 4700
Sfmt 4700
Jeanne. It is expected that this action
will provide more red seedless
grapefruit for shipment to the fresh fruit
market.
Section 905.52 of the order provides
authority to limit shipments of any
grade or size, or both, of any variety of
Florida citrus. Such limitations may
restrict the shipment of a portion of a
specified grade or size of a variety.
Under such a limitation, the quantity of
such grade or size a handler may ship
during a particular week is established
as a percentage of the total shipments of
such variety shipped by that handler
during a prior period, established by the
Committee and approved by USDA.
Section 905.153 of the regulations
provides procedures for limiting the
volume of small red seedless grapefruit
entering the fresh market. The
procedures specify that the Committee
may recommend that only a certain
percentage of sizes 48 and 56 red
seedless grapefruit be made available for
shipment into fresh market channels for
any week or weeks during the regulatory
period. The regulation period is 22
weeks long and begins the third Monday
in September. Under such limitation,
the quantity of sizes 48 and 56 red
seedless grapefruit that may be shipped
by a handler during a regulated week is
calculated using the recommended
percentage.
An interim final rule was published
in the Federal Register which limited
the volume of sizes 48 (39⁄16 inches
minimum diameter) and 56 (35⁄16 inches
minimum diameter) red seedless
grapefruit entering the fresh market by
instituting weekly percentages for the
first 22 weeks of the 2004–05 season.
The rule established weekly percentages
at 45 percent for the first three weeks
(September 20, 2004 through October
10, 2004, 36 percent for weeks 4 through
18 (October 11, 2004 through January
23, 2005), 40 percent for weeks 19 and
20 (January 23, 2005 through February
6, 2005), and 45 percent for weeks 21
and 22 (February 7, 2005 through
February 20, 2005). The Committee
recommended this action unanimously
at a meeting June 15, 2004. Similar
limitations were implemented during
the previous seven seasons.
On August 13, 2004, Hurricane
Charley hit the west coast of Florida,
doing considerable damage to the 2004
citrus crop. On September 5, 2004,
Hurricane Frances hit the east coast of
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Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Rules and Regulations
Florida, the primary growing region for
red seedless grapefruit. Again, there was
a great deal of damage to the citrus
industry. Then on September 26, 2004,
Hurricane Jeanne hit Florida, nearly
following the same path as Hurricane
Frances, further damaging the citrus
crop. The extent of the loss is evident
in the official USDA crop estimate for
grapefruit during the 2004–05 season.
The estimate is now 13 million 4/5
bushel cartons. This is about 70 percent
less than last year’s estimate.
At its November 16, 2004, meeting,
the Committee discussed the percentage
of size rule which went into effect on
September 20, 2004. The percentage of
size regulation helps reduce the
detrimental market effects of small-sized
red seedless grapefruit over-supplies.
With the loss of so much of the red
seedless grapefruit crop due to the
hurricanes, the Committee believes that
a percentage size regulation for 2004–05
is not needed. In fact, the Committee
believes that there may be an
insufficient amount of fruit to supply
the demand for fresh fruit. There will be
less large-sized red seedless grapefruit
in 2004–05, so more of the smaller sizes
will be needed to supply consumer
demand. Consequently, the reasons for
regulating the amount of small red
seedless grapefruit entering the fresh
market during the 2004–05 season are
no longer applicable.
Therefore, the Committee
unanimously recommended terminating
the rule currently in effect.
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
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 75 grapefruit
handlers subject to regulation under the
order and approximately 11,000 growers
of citrus in the regulated area. Small
agricultural service firms, including
handlers, are defined by the Small
Business Administration (SBA) as those
having annual receipts of less than
$5,000,000, and small agricultural
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14:01 Feb 03, 2005
Jkt 205001
producers are defined as those having
annual receipts of less than $750,000
(13 CFR 121.201).
Based on industry and Committee
data, the average annual f.o.b. price for
fresh Florida red seedless grapefruit
during the 2003–04 season was
approximately $7.58 per 4/5-bushel
carton, and total fresh shipments for the
2003–04 season are estimated at 24.7
million cartons of red grapefruit.
Approximately 25 percent of all
handlers handled 75 percent of Florida’s
grapefruit shipments. Using the average
f.o.b. price, at least 80 percent of the
grapefruit handlers could be considered
small businesses under SBA’s
definition. Therefore, the majority of
Florida grapefruit handlers may be
classified as small entities. The majority
of Florida grapefruit producers may also
be classified as small entities.
This rule terminates an interim final
rule published in the Federal Register
on August 16, 2004, (69 FR 50269)
which set limits on the volume of small
red seedless grapefruit entering the fresh
market. The interim final rule
established weekly percentages in
§ 905.350 for the first 22 weeks of the
2004–05 season beginning September
20, 2004, under the provisions of
§ 905.153. Authority for this action is
provided in § 905.52. USDA may
terminate a regulation if it does not tend
to effectuate the declared policy of the
Act. The Committee unanimously voted
to terminate the interim final rule and
the percentage size regulation at a
meeting held on November 16, 2004.
During the months of August and
September the major grapefruit growing
regions in Florida suffered significant
damage and fruit loss from multiple
hurricanes. The strong winds from the
storms blew substantial volumes of the
setting fruit off the trees. The impact of
the storms also produced a much higher
than normal fruit drop. The extent of the
loss is evident in the official USDA crop
estimate supplied for this season which
reflects a 70 percent decrease from last
year’s estimate. With the available
volume of red seedless grapefruit
substantially reduced, there is no longer
any need to regulate volume for the
2004–05 season. Consequently, the
Committee voted to terminate this
action. This action will not create any
additional costs for growers or handlers.
This rule will not impose any
additional reporting or recordkeeping
requirements on either small or large
citrus 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
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Frm 00002
Fmt 4700
Sfmt 4700
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 meetings
were widely publicized throughout the
citrus industry and all interested
persons were invited to attend the
meeting and participate in Committee
deliberations. Like all Committee
meetings, the June 15, 2004, and
November 16, 2004, meetings were
public meetings 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 August 16, 2004. Copies of
the rule were mailed by the Committee’s
staff to all Committee members and
grapefruit handlers. In addition, the rule
was made available through the Internet
by USDA and the Office of the Federal
Register. That rule provided for a 30-day
comment period which ended
September 15, 2004. One comment was
received.
The commenter expressed concern
that limiting the volume of grapefruit in
order to raise prices negatively affected
the consumer. The comment has been
noted. However, the Committee has
recommended terminating this action,
effectively eliminating volume
regulations for the 2004–05 season.
Therefore, no changes will be made as
a result of the comment.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://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
terminating the interim final rule, as
published in the Federal Register (69
FR 502769, August 16, 2004) will tend
to effectuate the declared policy of the
Act. Further, it also is found that
implementation of the percentage size
regulation during the 2004–05 season
would not effectuate the declared policy
of the Act.
Pursuant to 5 U.S.C. 553, it is also
found that good cause exists for not
postponing the effective date of this rule
until 30 days after publication in the
Federal Register because this rule
terminates percentage size regulations
which were not needed for the first 22
weeks of the 2004–05 shipping season.
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Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Rules and Regulations
List of Subjects in 7 CFR Part 905
Grapefruit, Marketing agreements,
Oranges, Reporting and recordkeeping
requirements, Tangelos, Tangerines.
For the reasons discussed in the
preamble, 7 CFR Part 905 is amended as
follows:
I
PART 905—ORANGES, GRAPEFRUIT,
TANGERINES, AND TANGELOS
GROWN IN FLORIDA
1. The authority citation for part 905
continues to read as follows:
I
Authority: 7 U.S.C. 601–674.
§ 905.350
[Removed and reserved]
2. Section 905.350 is removed and
reserved.
I
Dated: January 31, 2005.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 05–2154 Filed 2–3–05; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2004–19201; Directorate
Identifier 2003–NM–100–AD; Amendment
39–13959; AD 2005–03–03]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 767–200, –300, and –300F Series
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA is superseding an
existing airworthiness directive (AD),
which applies to all Boeing Model 767–
200, –300, and –300F series airplanes.
That AD currently requires examination
of maintenance records to determine if
Titanine JC5A (also known as Desoto
823E508) corrosion inhibiting
compound (‘‘C.I.C.’’) was ever used;
inspection for cracks or corrosion and
corrective action, if applicable;
repetitive inspections and C.I.C.
applications; and modification of the aft
trunnion area of the outer cylinder,
which terminates the need for the
repetitive inspections and C.I.C.
applications. This new AD also requires,
for certain other airplanes, repetitive
inspections for cracks or corrosion,
corrective action if necessary, and
repetitive C.I.C. applications. This AD is
VerDate jul<14>2003
14:01 Feb 03, 2005
Jkt 205001
prompted by a report that JC5A was
used on more airplanes during
production than previously identified.
We are issuing this AD to prevent severe
corrosion in the main landing gear
(MLG) outer cylinder at the aft trunnion,
which could develop into stress
corrosion cracking and consequent
collapse of the MLG.
DATES: This AD becomes effective
March 11, 2005.
The incorporation by reference of a
certain publication listed in the AD is
approved by the Director of the Federal
Register as of March 11, 2005.
On May 6, 2002 (67 FR 19322, April
19, 2002), the Director of the Federal
Register approved the incorporation by
reference of a certain other publication.
ADDRESSES: For service information
identified in this AD, contact Boeing
Commercial Airplanes, P.O. Box 3707,
Seattle, Washington 98124–2207. You
can examine this information at the
National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call (202) 741–6030,
or go to: https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html.
Docket: The AD docket contains the
proposed AD, comments, and any final
disposition. You can examine the AD
docket on the Internet at https://
dms.dot.gov, or in person at the Docket
Management Facility office between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The
Docket Management Facility office
(telephone (800) 647–5227) is located on
the plaza level of the Nassif Building at
the U.S. Department of Transportation,
400 Seventh Street, SW., room PL–401,
Washington, DC. This docket number is
FAA–2004–19201; the directorate
identifier for this docket is 2003–NM–
100–AD.
FOR FURTHER INFORMATION CONTACT:
Suzanne Masterson, Aerospace
Engineer, Airframe Branch, ANM–120S,
FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton,
Washington 98055–4056; telephone
(425) 917–6441; fax (425) 917–6590.
SUPPLEMENTARY INFORMATION: The FAA
proposed to amend part 39 of the
Federal Aviation Regulations (14 CFR
part 39) with an AD to supersede AD
2002–08–07, amendment 39–12715, (67
FR 19322, April 19, 2002). The existing
AD applies to all Boeing Model 767–
200, –300, and –00F series airplanes.
The proposed AD was published in the
Federal Register on September 29, 2004
(69 FR 58103). That action proposed to
continue to require examination of
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Fmt 4700
Sfmt 4700
5917
maintenance records to determine if
Titanine JC5A (also known as Desoto
823E508) corrosion inhibiting
compound (‘‘C.I.C.’’) was ever used;
inspection for cracks or corrosion and
corrective action, if applicable;
repetitive inspections and C.I.C.
applications; and modification of the aft
trunnion area of the outer cylinder,
which terminates the need for the
repetitive inspections and C.I.C.
applications. The action also proposed
to require, for certain other airplanes,
repetitive inspections for cracks or
corrosion, corrective action if necessary,
and repetitive C.I.C. applications.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments that have
been submitted on the proposed AD.
Support for the Proposed AD
One commenter supports the
proposed AD.
Request To Add Compliance Statement
One commenter requests that we add
the verbiage, ‘‘required as indicated,
unless accomplished previously,’’ to the
compliance section of the proposed AD.
The commenter believes this statement
is needed to obtain credit for the
inspections and repetitive C.I.C
applications it accomplished, prior to
issuance of the proposed AD, on its
airplanes in accordance with Boeing
Alert Service Bulletin 767–32A0192,
Revision 1, dated March 13, 2003.
We partially agree, since similar
language to that suggested by the
commenter is found in paragraph (e) of
this AD. As part of our effort to use
plain language in ADs, we have
rewritten the compliance statement as
follows: ‘‘You are responsible for having
the actions required by this AD
performed within the compliance times
specified, unless the actions have
already been done.’’ While the language
has changed, the intent of the statement
is the same. Therefore, no further
change to this AD is necessary in this
regard.
Request To Add Credit for Previous
Accomplishment
One commenter requests that we add
a note to the proposed AD, which would
give credit for work accomplished in
compliance with AD 2002–08–07. The
commenter suggests the following note,
or language similar to this:
‘‘Accomplishment of the actions
required by paragraph[s] (a) through (l)
of AD 2002–08–07 amendment 39–
12715, is acceptable for compliance
E:\FR\FM\04FER1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 23 (Friday, February 4, 2005)]
[Rules and Regulations]
[Pages 5915-5917]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2154]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Rules
and Regulations
[[Page 5915]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 905
[Docket No. FV04-905-3 FIR]
Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida;
Limiting the Volume of Small Red Seedless Grapefruit
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule removes the weekly percentages established for the
first 22 weeks of the 2004-05 season beginning September 20, 2004. The
Citrus Administrative Committee voted to take this action following the
crop losses the industry sustained from Hurricanes Charley, Frances,
and Jeanne. It is expected that this action will provide more red
seedless grapefruit for shipment to the fresh fruit market.
DATES: Effective February 5, 2005.
FOR FURTHER INFORMATION CONTACT: Doris Jamieson, Southeast Marketing
Field Office, Marketing Order Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, 799 Overlook Drive, Suite A, Winter
Haven, Florida 33884; 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: Jay.Guerber@usda.gov.
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 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.''
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 removes the weekly percentages established
for the first 22 weeks of the 2004-05 season beginning September 20,
2004. 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 terminates an interim final rule published in the Federal
Register on August 16, 2004 (69 FR 50269) which established limits on
the volume of small red seedless grapefruit entering the fresh market.
This rule removes the weekly percentages established for the first 22
weeks of the 2004-05 season beginning September 20, 2004. The Committee
voted to terminate this action following its crop losses from
Hurricanes Charley, Frances, and Jeanne. It is expected that this
action will provide more red seedless grapefruit for shipment to the
fresh fruit market.
Section 905.52 of the order provides authority to limit shipments
of any grade or size, or both, of any variety of Florida citrus. Such
limitations may restrict the shipment of a portion of a specified grade
or size of a variety. Under such a limitation, the quantity of such
grade or size a handler may ship during a particular week is
established as a percentage of the total shipments of such variety
shipped by that handler during a prior period, established by the
Committee and approved by USDA.
Section 905.153 of the regulations provides procedures for limiting
the volume of small red seedless grapefruit entering the fresh market.
The procedures specify that the Committee may recommend that only a
certain percentage of sizes 48 and 56 red seedless grapefruit be made
available for shipment into fresh market channels for any week or weeks
during the regulatory period. The regulation period is 22 weeks long
and begins the third Monday in September. Under such limitation, the
quantity of sizes 48 and 56 red seedless grapefruit that may be shipped
by a handler during a regulated week is calculated using the
recommended percentage.
An interim final rule was published in the Federal Register which
limited the volume of sizes 48 (3\9/16\ inches minimum diameter) and 56
(3\5/16\ inches minimum diameter) red seedless grapefruit entering the
fresh market by instituting weekly percentages for the first 22 weeks
of the 2004-05 season. The rule established weekly percentages at 45
percent for the first three weeks (September 20, 2004 through October
10, 2004, 36 percent for weeks 4 through 18 (October 11, 2004 through
January 23, 2005), 40 percent for weeks 19 and 20 (January 23, 2005
through February 6, 2005), and 45 percent for weeks 21 and 22 (February
7, 2005 through February 20, 2005). The Committee recommended this
action unanimously at a meeting June 15, 2004. Similar limitations were
implemented during the previous seven seasons.
On August 13, 2004, Hurricane Charley hit the west coast of
Florida, doing considerable damage to the 2004 citrus crop. On
September 5, 2004, Hurricane Frances hit the east coast of
[[Page 5916]]
Florida, the primary growing region for red seedless grapefruit. Again,
there was a great deal of damage to the citrus industry. Then on
September 26, 2004, Hurricane Jeanne hit Florida, nearly following the
same path as Hurricane Frances, further damaging the citrus crop. The
extent of the loss is evident in the official USDA crop estimate for
grapefruit during the 2004-05 season. The estimate is now 13 million 4/
5 bushel cartons. This is about 70 percent less than last year's
estimate.
At its November 16, 2004, meeting, the Committee discussed the
percentage of size rule which went into effect on September 20, 2004.
The percentage of size regulation helps reduce the detrimental market
effects of small-sized red seedless grapefruit over-supplies. With the
loss of so much of the red seedless grapefruit crop due to the
hurricanes, the Committee believes that a percentage size regulation
for 2004-05 is not needed. In fact, the Committee believes that there
may be an insufficient amount of fruit to supply the demand for fresh
fruit. There will be less large-sized red seedless grapefruit in 2004-
05, so more of the smaller sizes will be needed to supply consumer
demand. Consequently, the reasons for regulating the amount of small
red seedless grapefruit entering the fresh market during the 2004-05
season are no longer applicable.
Therefore, the Committee unanimously recommended terminating the
rule currently in effect.
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 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 75 grapefruit handlers subject to
regulation under the order and approximately 11,000 growers of citrus
in the regulated area. Small agricultural service firms, including
handlers, are defined by the Small Business Administration (SBA) as
those having annual receipts of less than $5,000,000, and small
agricultural producers are defined as those having annual receipts of
less than $750,000 (13 CFR 121.201).
Based on industry and Committee data, the average annual f.o.b.
price for fresh Florida red seedless grapefruit during the 2003-04
season was approximately $7.58 per 4/5-bushel carton, and total fresh
shipments for the 2003-04 season are estimated at 24.7 million cartons
of red grapefruit. Approximately 25 percent of all handlers handled 75
percent of Florida's grapefruit shipments. Using the average f.o.b.
price, at least 80 percent of the grapefruit handlers could be
considered small businesses under SBA's definition. Therefore, the
majority of Florida grapefruit handlers may be classified as small
entities. The majority of Florida grapefruit producers may also be
classified as small entities.
This rule terminates an interim final rule published in the Federal
Register on August 16, 2004, (69 FR 50269) which set limits on the
volume of small red seedless grapefruit entering the fresh market. The
interim final rule established weekly percentages in Sec. 905.350 for
the first 22 weeks of the 2004-05 season beginning September 20, 2004,
under the provisions of Sec. 905.153. Authority for this action is
provided in Sec. 905.52. USDA may terminate a regulation if it does
not tend to effectuate the declared policy of the Act. The Committee
unanimously voted to terminate the interim final rule and the
percentage size regulation at a meeting held on November 16, 2004.
During the months of August and September the major grapefruit
growing regions in Florida suffered significant damage and fruit loss
from multiple hurricanes. The strong winds from the storms blew
substantial volumes of the setting fruit off the trees. The impact of
the storms also produced a much higher than normal fruit drop. The
extent of the loss is evident in the official USDA crop estimate
supplied for this season which reflects a 70 percent decrease from last
year's estimate. With the available volume of red seedless grapefruit
substantially reduced, there is no longer any need to regulate volume
for the 2004-05 season. Consequently, the Committee voted to terminate
this action. This action will not create any additional costs for
growers or handlers.
This rule will not impose any additional reporting or recordkeeping
requirements on either small or large citrus 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 meetings were widely publicized throughout
the citrus industry and all interested persons were invited to attend
the meeting and participate in Committee deliberations. Like all
Committee meetings, the June 15, 2004, and November 16, 2004, meetings
were public meetings 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 August 16, 2004. Copies of the rule were mailed by
the Committee's staff to all Committee members and grapefruit handlers.
In addition, the rule was made available through the Internet by USDA
and the Office of the Federal Register. That rule provided for a 30-day
comment period which ended September 15, 2004. One comment was
received.
The commenter expressed concern that limiting the volume of
grapefruit in order to raise prices negatively affected the consumer.
The comment has been noted. However, the Committee has recommended
terminating this action, effectively eliminating volume regulations for
the 2004-05 season. Therefore, no changes will be made as a result of
the comment.
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
terminating the interim final rule, as published in the Federal
Register (69 FR 502769, August 16, 2004) will tend to effectuate the
declared policy of the Act. Further, it also is found that
implementation of the percentage size regulation during the 2004-05
season would not effectuate the declared policy of the Act.
Pursuant to 5 U.S.C. 553, it is also found that good cause exists
for not postponing the effective date of this rule until 30 days after
publication in the Federal Register because this rule terminates
percentage size regulations which were not needed for the first 22
weeks of the 2004-05 shipping season.
[[Page 5917]]
List of Subjects in 7 CFR Part 905
Grapefruit, Marketing agreements, Oranges, Reporting and
recordkeeping requirements, Tangelos, Tangerines.
0
For the reasons discussed in the preamble, 7 CFR Part 905 is amended as
follows:
PART 905--ORANGES, GRAPEFRUIT, TANGERINES, AND TANGELOS GROWN IN
FLORIDA
0
1. The authority citation for part 905 continues to read as follows:
Authority: 7 U.S.C. 601-674.
Sec. 905.350 [Removed and reserved]
0
2. Section 905.350 is removed and reserved.
Dated: January 31, 2005.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 05-2154 Filed 2-3-05; 8:45 am]
BILLING CODE 3410-02-P
