Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida; Relaxing Size and Grade Requirements on Valencia and Other Late Type Oranges, 52079-52080 [2013-20479]

Download as PDF 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: http://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: http://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: http://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: http://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