Oranges and Grapefruit Grown in Lower Rio Grande Valley in Texas; Changes to Container and Pack Requirements, 51574-51578 [05-17321]
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Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations
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[FR Doc. 05–17352 Filed 8–26–05; 4:12 pm]
BILLING CODE 4150–03–P
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
Agricultural Marketing Service,
USDA.
ACTION: Interim final rule with request
for comments.
AGENCY:
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
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16:14 Aug 30, 2005
Jkt 205001
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:
moab.docketclerk@usda.gov; or Internet:
https://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: https://
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:
Jay.Guerber@usda.gov.
SUPPLEMENTARY INFORMATION: This rule
is issued under Marketing Agreement
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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.
E:\FR\FM\31AUR1.SGM
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Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and 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
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
§ 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.
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16:14 Aug 30, 2005
Jkt 205001
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, 151⁄2
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 71⁄4 inches in
depth;
(3) A fiberboard box with approximate
dimensions of 253⁄4 inches in length, 15
inches in width, and 83⁄8 to 101⁄2 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 141⁄4 x 103⁄4 x 63⁄4 inches;
(6) A reusable collapsible plastic bin
with approximate dimensions of 363⁄4 x
443⁄4 x 27 inches;
(7) An octagonal bulk triple wall
fiberboard crib with approximate
dimensions of 373⁄4 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 161⁄2 inches
in length, 103⁄4 inches in width, and
615⁄16 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 ongoing experimentation is influenced by
PO 00000
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51575
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 461⁄2
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 § 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
§ 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 § 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 § 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
E:\FR\FM\31AUR1.SGM
31AUR1
51576
Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations
§ 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
§ 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 § 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
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16:14 Aug 30, 2005
Jkt 205001
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.
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
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
§ 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, 151⁄2
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 71⁄4 inches in
depth;
(3) A fiberboard box with approximate
dimensions of 253⁄4 inches in length, 15
inches in width, and 83⁄8 to 101⁄2 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;
E:\FR\FM\31AUR1.SGM
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Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations
(5) a reusable collapsible plastic
container with approximate dimensions
of 141⁄4 x 103⁄4 x 63⁄4 inches;
(6) A reusable collapsible plastic bin
with approximate dimensions of 363⁄4 x
443⁄4 x 27 inches;
(7) An octagonal bulk triple wall
fiberboard crib with approximate
dimensions of 373⁄4 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 161⁄2 inches
in length, 103⁄4 inches in width, and
615⁄16 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 ongoing 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 461⁄2
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 § 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 § 906.340(a)(1)(ii), is
VerDate Aug<18>2005
16:14 Aug 30, 2005
Jkt 205001
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 § 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 § 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
§ 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
§ 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 § 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
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51577
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: 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.
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,
E:\FR\FM\31AUR1.SGM
31AUR1
51578
Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations
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.
I 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
1. The authority citation for 7 CFR
part 906 continues to read as follows:
I
Authority: 7 U.S.C. 601–674.
§ 906.120
[Amended]
2. In § 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;’’.
I
§ 906.137
[Amended]
3. In § 906.137, paragraph (b), change
the number ‘‘51.685’’ to ‘‘51.653’’ and
the number ‘‘51.712’’ to ‘‘51.714’’.
I 4. Section 906.340 is amended as
follows:
I A. Revise paragraph (a)(1) to read as
set forth below;
I B. Amend paragraph (a)(2)(i)(A)
introductory text by removing the words
‘‘, when place packed in cartons or other
containers,’’;
I 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
I D. Amend paragraph (c) by revising
‘‘51.652’’ to read ‘‘51.653’’.
I
§ 906.340 Container, pack, and container
marking regulations.
(a) * * *
VerDate Aug<18>2005
16:14 Aug 30, 2005
Jkt 205001
(1) Containers. (i) Closed fiberboard
carton with inside dimensions of 131⁄4 x
101⁄2 x 71⁄4 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 161⁄2 x
103⁄4 x 91⁄2 inches;
(iii) Closed fiberboard carton with
inside dimensions of 20 x 131⁄4 inches
and a depth from 93⁄4 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 fourpound bag.
(v) Rectangular or octagonal bulk
fiberboard crib with approximate
dimensions of 46 to 471⁄2 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 471⁄2 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 471⁄2
inches in width, 37 to 38 inches in
depth, and 26 to 261⁄2 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, 151⁄2
inches in width, and 7 inches in depth;
(ix) Fiberboard box with approximate
dimensions of 15 inches in length, 11
inches in width, and 71⁄2 inches in
depth;
(x) Fiberboard box with approximate
dimensions of 253⁄4 inches in length, 15
inches in width, and 83⁄8 to 101⁄2 inches
in depth;
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
(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 141⁄4 x 103⁄4 x 63⁄4 inches;
(xiii) Reusable collapsible plastic bin
with approximate dimensions of 363⁄4 x
443⁄4 x 27 inches;
(xiv) Octagonal bulk triple wall
fiberboard crib with approximate
dimensions of 373⁄4 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 161⁄2 inches
in length, 103⁄4 inches in width, and
615⁄16 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
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 958
[Docket No. FV05–958–1 FIR]
Onions Grown in Certain Designated
Counties in Idaho, and Malheur
County, OR; Decreased Assessment
Rate
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
SUMMARY: The Department of
Agriculture (USDA) is adopting, as a
final rule, without change, an interim
final rule which decreased the
assessment rate established for the
Idaho-Eastern Oregon Onion Committee
(Committee) for the 2005–2006 and
subsequent fiscal periods from $0.105 to
E:\FR\FM\31AUR1.SGM
31AUR1
]]>Agencies
[Federal Register Volume 70, Number 168 (Wednesday, August 31, 2005)]
[Rules and Regulations]
[Pages 51574-51578]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17321]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: moab.docketclerk@usda.gov; or
Internet: https://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:
https://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: Jay.Guerber@usda.gov.
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
