Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida; Relaxing Size and Grade Requirements on Valencia and Other Late Type Oranges, 52079-52080 [2013-20479]
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52079
Rules and Regulations
Federal Register
Vol. 78, No. 163
Thursday, August 22, 2013
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
[Doc. No. AMS–FV–13–0009; FV13–905–2
FIR]
Oranges, Grapefruit, Tangerines, and
Tangelos Grown in Florida; Relaxing
Size and Grade Requirements on
Valencia and Other Late Type Oranges
Agricultural Marketing Service,
USDA.
ACTION: Affirmation of interim rule as
final rule.
AGENCY:
The Department of
Agriculture (USDA) is adopting, as a
final rule, without change, an interim
rule that changed the size and grade
requirements prescribed under the
marketing order for oranges, grapefruit,
tangerines, and tangelos grown in
Florida (order). The interim rule
reduced the minimum size for Valencia
and other late type oranges shipped to
interstate markets from 28⁄16 inches to
24⁄16 inches from May 15 through
August 31 each season. The interim rule
also lowered the minimum grade for
Valencia and other late type oranges
shipped to interstate markets from a
U.S. No. 1 to a U.S. No. 1 Golden from
May 15, 2013, to June 14, 2013, and to
a U.S. No. 2 external/U.S. No. 1 internal
from June 15, 2013, to August 31, 2013.
This rule provides additional Valencia
and other late type oranges for late
season markets, helping to maximize
fresh shipments.
DATES: Effective August 23, 2013.
FOR FURTHER INFORMATION CONTACT:
Corey E. Elliott, Marketing Specialist, or
Christian D. Nissen, Regional Director,
Southeast Marketing Field Office,
Marketing Order and Agreement
Division, Fruit and Vegetable Program,
AMS, USDA; Telephone: (863) 324–
3375, Fax: (863) 325–8793, or Email:
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:16 Aug 21, 2013
Jkt 229001
Corey.Elliott@ams.usda.gov or
Christian.Nissen@ams.usda.gov.
Small businesses may obtain
information on complying with this and
other marketing order regulations by
viewing a guide at the following Web
site: https://www.ams.usda.gov/
MarketingOrdersSmallBusinessGuide;
or by contacting Jeffrey Smutny,
Marketing Order and Agreement
Division, Fruit and Vegetable Program,
AMS, USDA, 1400 Independence
Avenue SW., STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or Email:
Jeffrey.Smutny@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This rule
is issued under Marketing Order No.
905, 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 order is effective
under the Agricultural Marketing
Agreement Act of 1937, as amended (7
U.S.C. 601–674), hereinafter referred to
as the ‘‘Act.’’
USDA is issuing this rule in
conformance with Executive Order
12866.
The handling of oranges, grapefruit,
tangerines, and tangelos grown in
Florida is regulated by 7 CFR part 905.
Prior to this change, the minimum size
for Valencia and other late type oranges
was 28⁄16 inches in diameter. Also, prior
to the change, the minimum grade was
a U.S. No. 1 from August 1 to June 14
and a U.S. No. 2 external/U.S. No. 1
internal from June 15 to July 31. The
industry believes there may be a late
season market for Florida Valencia and
other late type oranges in the food
service industry. However, the previous
size and grade regulations were making
it difficult to supply this market.
Therefore, this rule continues in effect
the interim rule published in the
Federal Register on May 14, 2013, and
effective on May 15, 2013, (78 FR 28115,
Doc. No. AMS–FV–13–0009, FV13–905–
2 IR) that reduced the minimum size for
Valencia and other late type oranges
shipped to interstate markets from 28⁄16
inches to 24⁄16 inches from May 15
through August 31 each season. It also
lowered the minimum grade for
Valencia and other late type oranges
shipped to interstate markets from a
U.S. No. 1 to a U.S. No. 1 Golden from
May 15, 2013, to June 14, 2013, and to
a U.S. No. 2 external/U.S. No. 1 internal
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
from June 15, 2013, to August 31, 2013.
These changes provide additional
Valencia and other late type oranges for
late season markets, helping to
maximize fresh shipments. The
characteristics of these grades are
specified in the U.S. Standard for
Grades of Florida Oranges and Tangelos
(7 CFR 51.1140 through 51.1179).
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in
the Regulatory Flexibility Act (RFA) (5
U.S.C. 601–612), the Agricultural
Marketing Service (AMS) has
considered the economic impact of this
action on small entities. Accordingly,
AMS has prepared this final regulatory
flexibility analysis.
The purpose of the RFA is to fit
regulatory actions to the scale of
businesses 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.
There are approximately 29 Valencia
and other late type orange handlers
subject to regulation under the
marketing order and approximately
8,000 producers of citrus in the
production area. Small agricultural
service firms are defined by the Small
Business Administration (SBA) as those
whose annual receipts are less than
$7,000,000, and small agricultural
producers are defined as those having
annual receipts less than $750,000 (13
CFR 121.201).
Based on industry and Committee
data, the average f.o.b. price for fresh
Valencia and other late type oranges
during the 2011–12 season was
approximately $12.42 per 4⁄5 bushel
carton, and total fresh shipments were
approximately 3.2 million cartons.
Using the average f.o.b. price and
shipment data, the majority of Florida
Valencia and other late type orange
handlers could be considered small
businesses under SBA’s definition. In
addition, the average annual grower
revenue is below $750,000 based on
production data, grower prices as
reported by NASS, and the total number
of Florida citrus growers. Thus,
assuming a normal distribution, the
majority of Valencia and other late type
E:\FR\FM\22AUR1.SGM
22AUR1
tkelley on DSK3SPTVN1PROD with RULES
52080
Federal Register / Vol. 78, No. 163 / Thursday, August 22, 2013 / Rules and Regulations
orange handlers and producers may be
classified as small entities.
This rule continues in effect the
changes that relaxed the size and grade
requirements prescribed under the
order. These changes allow additional
late season fruit to be shipped to the
fresh market, maximizing shipments
and providing additional returns to both
handlers and growers. This rule revises
the provisions of section 905.306 by
lowering the minimum size for
interstate shipments of fresh Valencia
and other late type oranges from 28⁄16
inches to 24⁄16 inches from May 15 to
August 31 each season. This rule further
revises section 905.306 by lowering the
minimum grade for interstate shipments
of Valencia and other late type oranges
from a U.S. No. 1 to a U.S. No. 1 Golden
from May 15, 2013, to June 14, 2013,
and to a U.S. No. 2 external/U.S. No. 1
internal from June 15, 2013, to August
31, 2013. Authority for these changes is
provided for in section 905.52.
This action does not impose any
additional costs on the industry.
However, it is anticipated that this
action will have a beneficial impact.
Relaxing size and grade requirements
for Valencia and other late type oranges
from May 15 to August 31 will make
additional fruit available for shipment
to the fresh market, providing the
opportunity to supply the potential food
service industry market. The Committee
believes that relaxing the size and grade
requirements provides an outlet for fruit
that may otherwise go un-harvested.
This action allows more fruit to be
shipped to the fresh market and
increases returns to both handlers and
growers. The benefits of this rule are
expected to be equally available to all
fresh citrus growers and handlers,
regardless of their size.
In accordance with the Paperwork
Reduction Act of 1995, (44 U.S.C.
Chapter 35), the order’s information
collection requirements have been
previously approved by the Office of
Management and Budget (OMB) and
assigned OMB No. 0581–0189, Generic
Fruit Crops. No changes in those
requirements as a result of this action
are necessary. Should any changes
become necessary, they would be
submitted to OMB for approval.
This rule will not impose any
additional reporting or recordkeeping
requirements on either small or large
Florida 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, USDA has not identified any
VerDate Mar<15>2010
16:16 Aug 21, 2013
Jkt 229001
relevant Federal rules that duplicate,
overlap, or conflict with this rule.
Further, the Committee meeting was
widely publicized throughout the
Florida citrus industry. All interested
persons were invited to attend the
meeting and participate in Committee
deliberations. Like all Committee
meetings, the January 8, 2013, meeting
was a public meeting. All entities, both
large and small, were able to express
their views on this issue.
Comments on the interim rule were
required to be received on or before July
15, 2013. One comment in favor of the
action was received. Therefore, for the
reasons given in the interim rule, we are
adopting the interim rule as a final rule,
without change.
To view the interim rule, go to:
https://www.regulations.gov/
#!documentDetail;D=AMS-FV-13-00090001.
This action also affirms information
contained in the interim rule concerning
Executive Orders 12866 and 12988, the
Paperwork Reduction Act (44 U.S.C.
Chapter 35), and the E-Gov Act (44
U.S.C. 101).
After consideration of all relevant
material presented, it is found that
finalizing the interim rule, without
change, as published in the Federal
Register (78 FR 28115, May 14, 2013)
will tend to effectuate the declared
policy of the Act.
List of Subjects in 7 CFR Part 905
Grapefruit, Marketing agreements,
Oranges, Reporting and recordkeeping
requirements, Tangelos, Tangerines.
Accordingly, the interim rule that
amended 7 CFR part 905, which was
published at 78 FR 28115 on May 14,
2013, is adopted as a final rule, without
change.
Dated: August 16, 2013.
Rex A. Barnes,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2013–20479 Filed 8–21–13; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1207
[Document Number AMS–FV–13–0027]
Potato Research and Promotion Plan;
Amend the Administrative Committee
Structure and Delete the Board’s
Mailing Address
AGENCY:
Agricultural Marketing Service,
USDA.
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
ACTION:
Final rule.
This rule amends the
structure of the Administrative
Committee (Committee) of the U.S.
Potato Board (Board) and deletes the
Board’s mailing address from the Potato
Research and Promotion Plan. The Plan
is administered by the Board with
oversight by the U.S. Department of
Agriculture (USDA). Under the Plan,
there are seven Committee ViceChairperson positions. The Board has
recommended that these positions be
increased to nine. This change is
intended to facilitate increased
involvement in the Board’s leadership
opportunities. Further, the Board’s
office has been relocated and the
address must be changed in the
regulations. The deletion of the Board’s
mailing address from the regulations
will require no further amendment to
the regulations if the Board’s office is
relocated again.
SUMMARY:
DATES:
Effective Date: August 23, 2013.
FOR FURTHER INFORMATION CONTACT:
Patricia A. Petrella, Marketing
Specialist, Promotion and Economics
Division, Fruit and Vegetable Program,
AMS, USDA, 1400 Independence
Avenue SW., Room 1406–S, Stop 0244,
Washington, DC 20250–0244; telephone:
(301) 334–2891; toll free (888) 720–
9917; facsimile (202) 205–2800; or
electronic mail: Patricia.Petrella@
ams.usda.gov.
This rule
is issued under the Potato Research and
Promotion Plan (Plan) (7 CFR part
1207). The Plan is authorized under the
Potato Research and Promotion Act
(Act) (7 U.S.C. 2611–2627).
SUPPLEMENTARY INFORMATION:
Executive Order 12866 and Executive
Order 13563
Executive Order 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This rule
has been designated as ‘‘non-significant
regulatory action’’ under section 3(f) of
Executive Order 12866. Accordingly,
the Office of Management and Budget
(OMB) has waived the review process.
E:\FR\FM\22AUR1.SGM
22AUR1
]]>Agencies
[Federal Register Volume 78, Number 163 (Thursday, August 22, 2013)]
[Rules and Regulations]
[Pages 52079-52080]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20479]
========================================================================
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. 78, No. 163 / Thursday, August 22, 2013 /
Rules and Regulations
[[Page 52079]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 905
[Doc. No. AMS-FV-13-0009; FV13-905-2 FIR]
Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida;
Relaxing Size and Grade Requirements on Valencia and Other Late Type
Oranges
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Affirmation of interim rule as final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Agriculture (USDA) is adopting, as a final
rule, without change, an interim rule that changed the size and grade
requirements prescribed under the marketing order for oranges,
grapefruit, tangerines, and tangelos grown in Florida (order). The
interim rule reduced the minimum size for Valencia and other late type
oranges shipped to interstate markets from 2\8/16\ inches to 2\4/16\
inches from May 15 through August 31 each season. The interim rule also
lowered the minimum grade for Valencia and other late type oranges
shipped to interstate markets from a U.S. No. 1 to a U.S. No. 1 Golden
from May 15, 2013, to June 14, 2013, and to a U.S. No. 2 external/U.S.
No. 1 internal from June 15, 2013, to August 31, 2013. This rule
provides additional Valencia and other late type oranges for late
season markets, helping to maximize fresh shipments.
DATES: Effective August 23, 2013.
FOR FURTHER INFORMATION CONTACT: Corey E. Elliott, Marketing
Specialist, or Christian D. Nissen, Regional Director, Southeast
Marketing Field Office, Marketing Order and Agreement Division, Fruit
and Vegetable Program, AMS, USDA; Telephone: (863) 324-3375, Fax: (863)
325-8793, or Email: Corey.Elliott@ams.usda.gov or
Christian.Nissen@ams.usda.gov.
Small businesses may obtain information on complying with this and
other marketing order regulations by viewing a guide at the following
Web site: https://www.ams.usda.gov/MarketingOrdersSmallBusinessGuide; or
by contacting Jeffrey Smutny, Marketing Order and Agreement Division,
Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW.,
STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax:
(202) 720-8938, or Email: Jeffrey.Smutny@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Order
No. 905, 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 order is effective under
the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C.
601-674), hereinafter referred to as the ``Act.''
USDA is issuing this rule in conformance with Executive Order
12866.
The handling of oranges, grapefruit, tangerines, and tangelos grown
in Florida is regulated by 7 CFR part 905. Prior to this change, the
minimum size for Valencia and other late type oranges was 2\8/16\
inches in diameter. Also, prior to the change, the minimum grade was a
U.S. No. 1 from August 1 to June 14 and a U.S. No. 2 external/U.S. No.
1 internal from June 15 to July 31. The industry believes there may be
a late season market for Florida Valencia and other late type oranges
in the food service industry. However, the previous size and grade
regulations were making it difficult to supply this market.
Therefore, this rule continues in effect the interim rule published
in the Federal Register on May 14, 2013, and effective on May 15, 2013,
(78 FR 28115, Doc. No. AMS-FV-13-0009, FV13-905-2 IR) that reduced the
minimum size for Valencia and other late type oranges shipped to
interstate markets from 2\8/16\ inches to 2\4/16\ inches from May 15
through August 31 each season. It also lowered the minimum grade for
Valencia and other late type oranges shipped to interstate markets from
a U.S. No. 1 to a U.S. No. 1 Golden from May 15, 2013, to June 14,
2013, and to a U.S. No. 2 external/U.S. No. 1 internal from June 15,
2013, to August 31, 2013. These changes provide additional Valencia and
other late type oranges for late season markets, helping to maximize
fresh shipments. The characteristics of these grades are specified in
the U.S. Standard for Grades of Florida Oranges and Tangelos (7 CFR
51.1140 through 51.1179).
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS)
has considered the economic impact of this action on small entities.
Accordingly, AMS has prepared this final regulatory flexibility
analysis.
The purpose of the RFA is to fit regulatory actions to the scale of
businesses 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.
There are approximately 29 Valencia and other late type orange
handlers subject to regulation under the marketing order and
approximately 8,000 producers of citrus in the production area. Small
agricultural service firms are defined by the Small Business
Administration (SBA) as those whose annual receipts are less than
$7,000,000, and small agricultural producers are defined as those
having annual receipts less than $750,000 (13 CFR 121.201).
Based on industry and Committee data, the average f.o.b. price for
fresh Valencia and other late type oranges during the 2011-12 season
was approximately $12.42 per \4/5\ bushel carton, and total fresh
shipments were approximately 3.2 million cartons. Using the average
f.o.b. price and shipment data, the majority of Florida Valencia and
other late type orange handlers could be considered small businesses
under SBA's definition. In addition, the average annual grower revenue
is below $750,000 based on production data, grower prices as reported
by NASS, and the total number of Florida citrus growers. Thus, assuming
a normal distribution, the majority of Valencia and other late type
[[Page 52080]]
orange handlers and producers may be classified as small entities.
This rule continues in effect the changes that relaxed the size and
grade requirements prescribed under the order. These changes allow
additional late season fruit to be shipped to the fresh market,
maximizing shipments and providing additional returns to both handlers
and growers. This rule revises the provisions of section 905.306 by
lowering the minimum size for interstate shipments of fresh Valencia
and other late type oranges from 2\8/16\ inches to 2\4/16\ inches from
May 15 to August 31 each season. This rule further revises section
905.306 by lowering the minimum grade for interstate shipments of
Valencia and other late type oranges from a U.S. No. 1 to a U.S. No. 1
Golden from May 15, 2013, to June 14, 2013, and to a U.S. No. 2
external/U.S. No. 1 internal from June 15, 2013, to August 31, 2013.
Authority for these changes is provided for in section 905.52.
This action does not impose any additional costs on the industry.
However, it is anticipated that this action will have a beneficial
impact. Relaxing size and grade requirements for Valencia and other
late type oranges from May 15 to August 31 will make additional fruit
available for shipment to the fresh market, providing the opportunity
to supply the potential food service industry market. The Committee
believes that relaxing the size and grade requirements provides an
outlet for fruit that may otherwise go un-harvested. This action allows
more fruit to be shipped to the fresh market and increases returns to
both handlers and growers. The benefits of this rule are expected to be
equally available to all fresh citrus growers and handlers, regardless
of their size.
In accordance with the Paperwork Reduction Act of 1995, (44 U.S.C.
Chapter 35), the order's information collection requirements have been
previously approved by the Office of Management and Budget (OMB) and
assigned OMB No. 0581-0189, Generic Fruit Crops. No changes in those
requirements as a result of this action are necessary. Should any
changes become necessary, they would be submitted to OMB for approval.
This rule will not impose any additional reporting or recordkeeping
requirements on either small or large Florida 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, USDA
has not identified any relevant Federal rules that duplicate, overlap,
or conflict with this rule.
Further, the Committee meeting was widely publicized throughout the
Florida citrus industry. All interested persons were invited to attend
the meeting and participate in Committee deliberations. Like all
Committee meetings, the January 8, 2013, meeting was a public meeting.
All entities, both large and small, were able to express their views on
this issue.
Comments on the interim rule were required to be received on or
before July 15, 2013. One comment in favor of the action was received.
Therefore, for the reasons given in the interim rule, we are adopting
the interim rule as a final rule, without change.
To view the interim rule, go to: https://www.regulations.gov/#!documentDetail;D=AMS-FV-13-0009-0001.
This action also affirms information contained in the interim rule
concerning Executive Orders 12866 and 12988, the Paperwork Reduction
Act (44 U.S.C. Chapter 35), and the E-Gov Act (44 U.S.C. 101).
After consideration of all relevant material presented, it is found
that finalizing the interim rule, without change, as published in the
Federal Register (78 FR 28115, May 14, 2013) will tend to effectuate
the declared policy of the Act.
List of Subjects in 7 CFR Part 905
Grapefruit, Marketing agreements, Oranges, Reporting and
recordkeeping requirements, Tangelos, Tangerines.
Accordingly, the interim rule that amended 7 CFR part 905, which
was published at 78 FR 28115 on May 14, 2013, is adopted as a final
rule, without change.
Dated: August 16, 2013.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2013-20479 Filed 8-21-13; 8:45 am]
BILLING CODE 3410-02-P
