Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida; Relaxing Grade Requirements on Valencia and Other Late Type Oranges, 30439-30441 [2014-12287]
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30439
Rules and Regulations
Federal Register
Vol. 79, No. 102
Wednesday, May 28, 2014
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–14–0041; FV14–905–2
IR]
Oranges, Grapefruit, Tangerines, and
Tangelos Grown in Florida; Relaxing
Grade Requirements on Valencia and
Other Late Type Oranges
Agricultural Marketing Service,
USDA.
ACTION: Interim rule with request for
comments.
AGENCY:
This rule changes the
minimum grade requirements currently
prescribed under the marketing order
for oranges, grapefruit, tangerines, and
tangelos grown in Florida (order). The
order is administered locally by the
Citrus Administrative Committee
(Committee). This rule reduces the
minimum grade requirement 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 through June 14 each season
and to a U.S. No. 2 external/U.S. No. 1
internal from June 15 through August 31
each season. This rule will provide
additional Valencia and other late type
oranges for late season markets, helping
to maximize fresh shipments.
DATES: Effective May 23, 2014;
comments received by July 28, 2014 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 and Agreement Division, Fruit
and Vegetable Program, AMS, USDA,
1400 Independence Avenue SW., STOP
0237, Washington, DC 20250–0237; Fax:
(202) 720–8938; or Internet: https://
www.regulations.gov. All comments
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SUMMARY:
VerDate Mar<15>2010
16:12 May 27, 2014
Jkt 232001
should reference the document 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.regulations.gov. All
comments submitted in response to this
rule will be included in the record and
will be made available to the public.
Please be advised that the identity of the
individuals or entities submitting
comments will be made public on the
internet at the address provided above.
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 request
information on complying with this
regulation 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.’’
The Department of Agriculture
(USDA) is issuing this rule in
conformance with Executive Orders
12866, 13563, and 13175.
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. This rule is not intended to
have retroactive effect.
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
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
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 changes the minimum grade
requirement 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 to June 14 each
season and to a U.S. No. 2 external/U.S.
No. 1 internal from June 15 to August
31 each season. This rule will provide
additional Valencia and other late type
oranges for late season markets and will
help maximize fresh shipments. The
Committee unanimously recommended
these changes at a meeting on April 3,
2014.
Section 905.52 of the order provides,
in part, authority to establish minimum
grade requirements for Florida citrus.
Section 905.306 of the order’s rules and
regulations specifies the minimum
grade requirements for different
varieties of fresh Florida citrus. Such
requirements for domestic shipments
are specified in Table I of § 905.306(a).
The characteristics of these grades are
specified in the U.S. Standards for
Grades of Florida Oranges and Tangelos
(7 CFR 51.1140 through 51.1179).
Last season, the Committee
recommended relaxing grade and size
requirements for the last part of the
season. The purpose of this change was
to make additional Valencia and other
late type oranges available to supply
potential late season markets. The
Committee made this recommendation
as it was difficult to supply late season
markets due to the limited volume of
fruit remaining after May 15 that would
meet the then-current size and grade
requirements. In a rulemaking action (78
FR 52079, as corrected at 79 FR 19461),
the minimum size requirement for
Valencia and other late type oranges
shipped to interstate markets was
reduced from 28⁄16 inches to 24⁄16 inches
from May 15 through August 31 each
season. This action also reduced the
minimum grade requirement for
Valencia and other late type oranges
E:\FR\FM\28MYR1.SGM
28MYR1
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Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
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.
At its April 2014 meeting, the
Committee discussed the effects of the
2012–13 season rulemaking change. The
Committee concluded that the
temporary grade change had provided
handlers the opportunity to sell
additional fruit without affecting overall
consumer demand for Valencia and
other late type oranges. The Committee
approximated that the industry had
benefited from an additional $500,000
in sales as a result of the change.
Consequently, the Committee
recommended continuing the relaxation
in the minimum grade for the 2013–14
season and subsequent seasons.
Therefore, this rule reduces the
minimum grade requirement 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 to June 14 each season and to
a U.S. No. 2 external/U.S. No. 1 internal
from June 15 to August 31 each season.
The Committee believes that relaxing
grade requirements will provide an
outlet for fruit that may otherwise go
unharvested. This will maximize fresh
shipments by allowing more fruit to be
shipped to the fresh market, increasing
returns to both handlers and growers.
Initial 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 initial 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 30 Valencia
and other late type orange handlers
subject to regulation under the
marketing order and approximately 750
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).
VerDate Mar<15>2010
16:12 May 27, 2014
Jkt 232001
Based on industry and Committee
data, the average f.o.b. price for fresh
Valencia and other late type oranges
during the 2012–13 season was
approximately $11.80 per 4⁄5 bushel
carton, and total fresh shipments were
approximately 3.6 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
orange handlers and producers may be
classified as small entities.
This rule relaxes the grade
requirements for Valencia and other late
type oranges prescribed under the order.
This change will 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
§ 905.306 by reducing the minimum
grade requirements 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 to June 14
each season and to a U.S. No. 2
external/U.S. No. 1 internal from June
15 to August 31 each season. Authority
for these changes is provided for in
§ 905.52. These changes were
unanimously recommended by the
Committee at its April 3, 2014, meeting.
This action does not impose any
additional costs on the industry.
However, it is anticipated that this
action will have a beneficial impact.
Reducing the 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 late season
markets. The Committee believes that
relaxing the grade requirements will
provide an outlet for fruit that may
otherwise go unharvested. This will
allow more fruit to be shipped to the
fresh market and increase 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.
Regarding alternatives to this action,
the Committee considered leaving the
current grade regulations in place but
found that the relaxation in grade that
was in effect for the 2012–13 season
provided additional fruit to the fresh
market without affecting consumer
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
demand. Therefore, the Committee
rejected this alternative.
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.
AMS is committed to complying with
the E-Government Act, to promote the
use of the internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
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 and all interested
persons were invited to attend the
meeting and participate in Committee
deliberations. Like all Committee
meetings, the April 3, 2014, meeting
was a public meeting, and all entities,
both large and small, were able to
express their views on this issue.
Finally, interested persons are invited to
submit comments on this interim rule,
including 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/
MarketingOrdersSmallBusinessGuide.
Any questions about the compliance
guide should be sent to Jeffrey Smutny
at the previously mentioned address in
the FOR FURTHER INFORMATION CONTACT
section.
This rule invites comments on a
change to the grade requirements
currently prescribed under the Florida
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
E:\FR\FM\28MYR1.SGM
28MYR1
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Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Rules and Regulations
interim 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,
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 action relaxes the
current grade requirements under the
order; (2) these changes need to be in
effect by May 15, 2014; (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 905
PART 905—ORANGES, GRAPEFRUIT,
TANGERINES, AND TANGELOS
GROWN IN FLORIDA
1. The authority citation for 7 CFR
parts 905 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
2. In § 905.306, Table I in paragraph
(a) is amended by revising the entry for
‘‘Valencia and other late type’’ under
‘‘Oranges’’ to read as follows:
■
Grapefruit, Marketing agreements,
Oranges, Reporting and recordkeeping
requirements, Tangelos, Tangerines.
For the reasons set forth in the
preamble, 7 CFR part 905 is amended as
follows:
§ 905.306 Orange, Grapefruit, Tangerine,
and Tangelo Regulation.
(a) * * *
TABLE I
Variety
Regulation period
Minimum grade
Minimum
diameter
(inches)
(1)
(2)
(3)
(4)
*
*
Valencia and other late type ....................
*
*
September 1–May 14 ..............................
May 15–June 14 .....................................
June 15–August 31 .................................
*
*
U.S. No. 1 ...............................................
U.S. No. 1 Golden ...................................
U.S. No. 2, External/U.S. No. 1, Internal
*
*
*
*
*
*
*
*
*
development projects, to receive and
expend voluntary contributions, to
specify that recommendations for
production research and market
development be approved by eight
members of the Committee, and to
update provisions regarding alternate
members’ service on the Committee.
These amendments are intended to
improve administration of and
compliance with the order, as well as
reflect current industry practices.
*
Dated: May 22, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2014–12287 Filed 5–23–14; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
DATES:
This rule is effective May 29,
7 CFR Part 920
2014.
[Doc. No. AMS–FV–12–0008; FV12–920–1
FR]
FOR FURTHER INFORMATION CONTACT:
Kiwifruit Grown in California; Order
Amending Marketing Order No. 920
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
This final rule amends
Marketing Order No. 920 (order), which
regulates the handling of kiwifruit
grown in California. The amendments
were proposed by the Kiwifruit
Administrative Committee (Committee
or KAC), which is responsible for the
local administration of the order. The
five amendments will provide authority
to recommend and conduct production
and postharvest research, to recommend
and conduct market research and
mstockstill on DSK4VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:12 May 27, 2014
Jkt 232001
Melissa Schmaedick, Marketing Order
and Agreement Division, Fruit and
Vegetable Program, AMS, USDA, Post
Office Box 952, Moab, UT 84532;
Telephone: (202) 557–4783, Fax: (435)
259–1502, or Email:
Melissa.Schmaedick@ams.usda.gov; or,
Michelle Sharrow, Marketing Order and
Agreement Division, Fruit and
Vegetable Program, AMS, USDA, 1400
Independence Avenue SW., Stop 0237,
Washington, DC 20250–0237;
Telephone: (202) 720–9921, Fax: (202)
720–8938 or Email: Michelle.Sharrow@
ams.usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Jeffrey Smutny,
Marketing Order and Agreement
Division, Fruit and Vegetable Program,
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
*
*
28⁄16
24⁄16
24⁄16
*
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.
This rule
is issued under Marketing Order No.
920, as amended (7 CFR part 920),
regulating the handling of kiwifruit
produced in California, 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.’’ Section
608c(17) of the Act and the applicable
rules of practice and procedure
governing the formulation of marketing
agreements and orders (7 CFR part 900)
authorize amendments of the order
through this informal rulemaking
action.
The Department of Agriculture
(USDA) is issuing this rule in
conformance with Executive Orders
12866, 13563, and 13175.
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. This rule is not intended to
have retroactive effect. This rule shall
not be deemed to preclude, preempt, or
supersede any research and market
development provisions of any State
program covering California kiwifruit (7
U.S.C. 608c(6)(I)).
SUPPLEMENTARY INFORMATION:
E:\FR\FM\28MYR1.SGM
28MYR1
]]>Agencies
[Federal Register Volume 79, Number 102 (Wednesday, May 28, 2014)]
[Rules and Regulations]
[Pages 30439-30441]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12287]
========================================================================
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. 79, No. 102 / Wednesday, May 28, 2014 / Rules
and Regulations
[[Page 30439]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 905
[Doc. No. AMS-FV-14-0041; FV14-905-2 IR]
Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida;
Relaxing Grade Requirements on Valencia and Other Late Type Oranges
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: This rule changes the minimum grade requirements currently
prescribed under the marketing order for oranges, grapefruit,
tangerines, and tangelos grown in Florida (order). The order is
administered locally by the Citrus Administrative Committee
(Committee). This rule reduces the minimum grade requirement 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 through June 14 each
season and to a U.S. No. 2 external/U.S. No. 1 internal from June 15
through August 31 each season. This rule will provide additional
Valencia and other late type oranges for late season markets, helping
to maximize fresh shipments.
DATES: Effective May 23, 2014; comments received by July 28, 2014 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 and Agreement Division, Fruit and Vegetable Program,
AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC
20250-0237; Fax: (202) 720-8938; or Internet: https://www.regulations.gov. All comments should reference the document 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.regulations.gov. All comments submitted in response to this rule
will be included in the record and will be made available to the
public. Please be advised that the identity of the individuals or
entities submitting comments will be made public on the internet at the
address provided above.
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 request information on complying with this
regulation 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.''
The Department of Agriculture (USDA) is issuing this rule in
conformance with Executive Orders 12866, 13563, and 13175.
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule is not intended to have retroactive effect.
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 changes the minimum grade requirement 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 to June 14 each season and to a U.S.
No. 2 external/U.S. No. 1 internal from June 15 to August 31 each
season. This rule will provide additional Valencia and other late type
oranges for late season markets and will help maximize fresh shipments.
The Committee unanimously recommended these changes at a meeting on
April 3, 2014.
Section 905.52 of the order provides, in part, authority to
establish minimum grade requirements for Florida citrus. Section
905.306 of the order's rules and regulations specifies the minimum
grade requirements for different varieties of fresh Florida citrus.
Such requirements for domestic shipments are specified in Table I of
Sec. 905.306(a). The characteristics of these grades are specified in
the U.S. Standards for Grades of Florida Oranges and Tangelos (7 CFR
51.1140 through 51.1179).
Last season, the Committee recommended relaxing grade and size
requirements for the last part of the season. The purpose of this
change was to make additional Valencia and other late type oranges
available to supply potential late season markets. The Committee made
this recommendation as it was difficult to supply late season markets
due to the limited volume of fruit remaining after May 15 that would
meet the then-current size and grade requirements. In a rulemaking
action (78 FR 52079, as corrected at 79 FR 19461), the minimum size
requirement for Valencia and other late type oranges shipped to
interstate markets was reduced from 2\8/16\ inches to 2\4/16\ inches
from May 15 through August 31 each season. This action also reduced the
minimum grade requirement for Valencia and other late type oranges
[[Page 30440]]
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.
At its April 2014 meeting, the Committee discussed the effects of
the 2012-13 season rulemaking change. The Committee concluded that the
temporary grade change had provided handlers the opportunity to sell
additional fruit without affecting overall consumer demand for Valencia
and other late type oranges. The Committee approximated that the
industry had benefited from an additional $500,000 in sales as a result
of the change.
Consequently, the Committee recommended continuing the relaxation
in the minimum grade for the 2013-14 season and subsequent seasons.
Therefore, this rule reduces the minimum grade requirement 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 to June 14 each season and to
a U.S. No. 2 external/U.S. No. 1 internal from June 15 to August 31
each season. The Committee believes that relaxing grade requirements
will provide an outlet for fruit that may otherwise go unharvested.
This will maximize fresh shipments by allowing more fruit to be shipped
to the fresh market, increasing returns to both handlers and growers.
Initial 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 initial 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 30 Valencia and other late type orange
handlers subject to regulation under the marketing order and
approximately 750 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 2012-13 season
was approximately $11.80 per \4/5\ bushel carton, and total fresh
shipments were approximately 3.6 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
orange handlers and producers may be classified as small entities.
This rule relaxes the grade requirements for Valencia and other
late type oranges prescribed under the order. This change will 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 Sec. 905.306 by reducing the minimum
grade requirements 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 to
June 14 each season and to a U.S. No. 2 external/U.S. No. 1 internal
from June 15 to August 31 each season. Authority for these changes is
provided for in Sec. 905.52. These changes were unanimously
recommended by the Committee at its April 3, 2014, meeting.
This action does not impose any additional costs on the industry.
However, it is anticipated that this action will have a beneficial
impact. Reducing the 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 late season markets. The Committee believes that relaxing the
grade requirements will provide an outlet for fruit that may otherwise
go unharvested. This will allow more fruit to be shipped to the fresh
market and increase 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.
Regarding alternatives to this action, the Committee considered
leaving the current grade regulations in place but found that the
relaxation in grade that was in effect for the 2012-13 season provided
additional fruit to the fresh market without affecting consumer demand.
Therefore, the Committee rejected this alternative.
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.
AMS is committed to complying with the E-Government Act, to promote
the use of the internet and other information technologies to provide
increased opportunities for citizen access to Government information
and services, and for other purposes.
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 and all interested persons were invited to
attend the meeting and participate in Committee deliberations. Like all
Committee meetings, the April 3, 2014, meeting was a public meeting,
and all entities, both large and small, were able to express their
views on this issue. Finally, interested persons are invited to submit
comments on this interim rule, including 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/MarketingOrdersSmallBusinessGuide. Any questions
about the compliance guide should be sent to Jeffrey Smutny at the
previously mentioned address in the FOR FURTHER INFORMATION CONTACT
section.
This rule invites comments on a change to the grade requirements
currently prescribed under the Florida 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
[[Page 30441]]
interim 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, 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 action relaxes the current grade requirements under
the order; (2) these changes need to be in effect by May 15, 2014; (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 905
Grapefruit, Marketing agreements, Oranges, Reporting and
recordkeeping requirements, Tangelos, Tangerines.
For the reasons set forth in the preamble, 7 CFR part 905 is
amended as follows:
PART 905--ORANGES, GRAPEFRUIT, TANGERINES, AND TANGELOS GROWN IN
FLORIDA
0
1. The authority citation for 7 CFR parts 905 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
0
2. In Sec. 905.306, Table I in paragraph (a) is amended by revising
the entry for ``Valencia and other late type'' under ``Oranges'' to
read as follows:
Sec. 905.306 Orange, Grapefruit, Tangerine, and Tangelo Regulation.
(a) * * *
Table I
----------------------------------------------------------------------------------------------------------------
Minimum
Variety Regulation period Minimum grade diameter
(inches)
(1) (2)....................... (3)....................... (4)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Valencia and other late type............ September 1-May 14........ U.S. No. 1................ 2\8/16\
May 15-June 14............ U.S. No. 1 Golden......... 2\4/16\
June 15-August 31......... U.S. No. 2, External/U.S. 2\4/16\
No. 1, Internal.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Dated: May 22, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2014-12287 Filed 5-23-14; 8:45 am]
BILLING CODE 3410-02-P
