Oranges and Grapefruit Grown in Lower Rio Grande Valley in Texas; Change in Size and Grade Requirements for Grapefruit, 37928-37930 [2014-15594]
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Federal Register / Vol. 79, No. 128 / Thursday, July 3, 2014 / Rules and Regulations
information about SIGAR and about
themselves maintained by SIGAR. The
absence of well-defined exemptions to
the Privacy Act regulations could impair
the confidentiality and privacy rights of
those who submit sensitive information
to SIGAR as well as the ability of SIGAR
to use that information to carry out its
statutory mission. SIGAR has
determined that this interim rule should
be issued without a delayed effective
date pursuant to 5 U.S.C. 553(d)(3).
Finally, notice of proposed
rulemaking is not required, because the
provisions of the Regulatory Flexibility
Act (5 U.S.C. Chapter 6) do not apply.
It has been determined that this
rulemaking is not a significant
regulatory action for the purposes of
Executive Order 12866. Accordingly, a
regulatory impact analysis is not
required.
Dated: June 6, 2014.
John F. Sopko,
Inspector General.
List of Subjects in 5 CFR Part 9301
Administrative practice and
procedure, Freedom of information,
Privacy.
Authority and Issuance
For the reasons set forth above, SIGAR
amends 5 CFR part 9301 as follows:
PART 9301—[AMENDED]
1. The authority citation for part 9301
continues to read as follows:
■
Authority: 5 U.S.C. 552; Pub. L. 110–175,
121 Stat. 2524 (2007); 5 U.S.C. 301 and 552;
Exec. Order 12600, 52 FR 23781, 3 CFR, 1987
Comp., p. 235; Exec. Order No. 13392, 70 FR
75373–75377, 3 CFR, 2006 Comp., pp. 216–
200.
2. Section 9301.20 is added to read as
follows:
■
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§ 9301.20
Exemptions.
Systems of records maintained by
SIGAR are authorized to be exempted
from certain provisions of the Privacy
Act under the general and specific
exemptions set forth in the Act. In
utilizing these exemptions, SIGAR is
exempting only those portions of
systems that are necessary for the proper
functioning of SIGAR and that are
consistent with the Privacy Act. Where
compliance would not appear to
interfere with or adversely affect the law
enforcement process, and/or where it
may be appropriate to permit
individuals to contest the accuracy of
the information collected, e.g., public
source materials, the applicable
exemption may be waived, either
partially or totally, by SIGAR, in the
sole discretion of SIGAR, as appropriate.
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(a) General exemptions. (1)
Individuals may not have access to
records maintained by SIGAR that were
provided by another agency that has
determined by regulation that such
information is subject to general
exemption under 5 U.S.C. 552a(j)(1). If
such exempt records are the subject of
an access request, SIGAR will advise the
requester of their existence and of the
name and address of the source agency,
unless that information is itself exempt
from disclosure.
(2) The systems of records maintained
by the Investigations Directorate
(SIGAR–08), are subject to general
exemption under 5 U.S.C. 552a(j)(2). All
records contained in record system
SIGAR–08, Investigations Records, are
exempt from all provisions of the
Privacy Act except sections (b), (c)(1)
and (2), (e)(4)(A) through (F), (e)(6), (7),
(9), (10), and (11), and (i) to the extent
to which they meet the criteria of
section (j)(2). These exemptions are
necessary to ensure the effectiveness of
the investigative, judicial, and
protective processes. These exemptions
are necessary to ensure the proper
functions of the law enforcement
activity, to protect confidential sources
of information, to fulfill promises of
confidentiality, to prevent interference
with the enforcement of criminal laws,
to avoid the disclosure of investigative
techniques, to avoid the endangering of
the life and safety of any individual, to
avoid premature disclosure of the
knowledge of potential criminal activity
and the evidentiary bases of possible
enforcement actions, and to maintain
the integrity of the law enforcement
process.
(3) The systems of records maintained
by the Investigations Directorate
(SIGAR–08) are exempted from 5 U.S.C.
552a (c)(3), (d), (e)(1), (e)(4)(G), (H), and
(I), and (f) pursuant to the provisions of
5 U.S.C. 552a(k)(1), (2), and (5). These
exemptions are necessary to protect
material required to be kept secret in the
interest of national defense and foreign
policy; to prevent individuals that are
the subject of investigation from
frustrating the investigatory process; to
ensure the proper functioning and
integrity of law enforcement activities;
to prevent disclosure of investigative
techniques; to maintain the confidence
of foreign governments in the integrity
of the procedures under which
privileged or confidential information
may be provided; to fulfill commitments
made to sources to protect their
identities and the confidentiality of
information and to avoid endangering
these sources and law enforcement
personnel; and to ensure the proper
functioning of the investigatory process,
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to ensure effective determination of
suitability, eligibility, and qualification
for employment and to protect the
confidentiality of sources of
information.
(b) [Reserved]
[FR Doc. 2014–14194 Filed 7–2–14; 8:45 am]
BILLING CODE P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 906
[Doc. No. AMS–FV–14–0015; FV14–906–2
FIR]
Oranges and Grapefruit Grown in
Lower Rio Grande Valley in Texas;
Change in Size and Grade
Requirements for Grapefruit
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 relaxed the minimum size and
grade requirements prescribed for
grapefruit under the marketing order for
oranges and grapefruit grown the Lower
Rio Grande Valley in Texas (order). The
interim rule relaxed the minimum size
requirement for grapefruit from 3–5/16
inches to 3 inches in diameter and
reduced the minimum grade
requirement for small-sized grapefruit.
This rule provides additional grapefruit
to meet market demand, helping to
maximize fresh shipments.
DATES: Effective July 7, 2014.
FOR FURTHER INFORMATION CONTACT:
Doris Jamieson, 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:
Doris.Jamieson@ams.usda.gov or
Christian.Nissen@ams.usda.gov.
Small businesses may obtain
information on complying with this and
other marketing order and agreement
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–
SUMMARY:
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Federal Register / Vol. 79, No. 128 / Thursday, July 3, 2014 / Rules and Regulations
2491, Fax: (202) 720–8938, or Email:
Jeffrey.Smutny@ams.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 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 Orders
12866, 13563, and 13175.
The handling of oranges and
grapefruit grown in the Lower Rio
Grande Valley in Texas is regulated by
7 CFR part 906. Prior to this change, the
minimum size requirement for
grapefruit was 3–5/16 inches in
diameter (size 56) and size 56 fruit had
to meet a minimum grade of a U.S. No.
1. The Texas Valley Citrus Committee
(Committee) believes there is a shortage
of fruit available to supply the fresh
fruit market, which the Texas citrus
growers and handlers should fill. The
Committee also recognized that
consumers are now showing a
preference for smaller-sized fruit. The
Committee believes relaxing the
requirements makes more fruit available
to fill the market shortfall and provides
smaller-sized fruit to meet consumer
demand. Therefore, this rule continues
in effect the rule that relaxed the
minimum size requirement for
grapefruit from 3–5/16 inches (size 56)
to 3 inches (size 64) in diameter and
relaxed the minimum grade for a size
56, establishing a minimum grade of
‘‘Texas Choice’’ for both size 56 and size
64 grapefruit.
In an interim rule published in the
Federal Register on February 28, 2014,
and effective March 1, 2014, (79 FR
11295, Doc. No. AMS–FV–14–0015,
FV14–906–2 IR), § 906.356 was
amended by changing the minimum size
requirement for grapefruit from 3–5/16
inches (size 56) to 3 inches (size 64) in
diameter. Section 906.340 was also
revised by adding size 64 to the
available pack sizes for grapefruit listed
under Table II, and by adding language
concerning pack and sizing
requirements as appropriate. In
addition, this rule changed the
minimum grade requirement for size 56
fruit from a U.S. No. 1 to a ‘‘Texas
Choice’’ and established the minimum
grade for a size 64 as a ‘‘Texas Choice.’’
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in
the Regulatory Flexibility Act (RFA) (5
U.S.C. 601–612), the Agricultural
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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
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.
There are 13 registered handlers of
Texas citrus who are subject to
regulation under the marketing order
and approximately 150 producers of
grapefruit in the regulated area. Small
agricultural service firms, which
include handlers, are defined by the
Small Business Administration (SBA) as
those having annual receipts of less than
$7,000,000, and small agricultural
producers are defined as those having
annual receipts of less than $750,000
(13 CFR 121.201).
According to National Agricultural
Statistics Service data, the average f.o.b.
price for Texas grapefruit during the
2012–13 season was $24.10 per box, and
total fresh shipments were
approximately 3 million boxes. Using
the average f.o.b. price and shipment
data, and considering a normal
distribution, the majority of Texas
grapefruit handlers could be considered
small businesses under SBA’s
definition. In addition, based on
production data, grower prices, and the
total number of Texas citrus growers,
the average annual grower revenue is
below $750,000. Thus, the majority of
handlers and producers of grapefruit
may be classified as small entities.
This rule continues in effect the
action that relaxed the size and grade
requirements for grapefruit prescribed
under the order. This rule relaxes the
minimum size requirement for
grapefruit from 35⁄16 inches (size 56) to
3 inches (size 64). This action also
relaxes the minimum grade requirement
for size 56 fruit from a U.S. No. 1 to a
‘‘Texas Choice’’ and establishes the
minimum grade for size 64 as a ‘‘Texas
Choice.’’ These changes make additional
fruit available for shipment to the fresh
market, maximize shipments, provide
additional returns to handlers and
growers, and respond to consumer
demand for small-sized fruit. This rule
amends the provisions in §§ 906.340
and 906.356. Authority for these
changes is provided in § 906.40.
This action is not expected to increase
costs associated with the order’s
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37929
requirements. Rather, it is anticipated
that this action will have a beneficial
impact. Reducing size and grade
requirements makes additional fruit
available for shipment to the fresh
market. The Committee believes that
this provides additional fruit to fill a
shortage in the fresh market and
provides the opportunity to fulfill a
growing consumer demand for smaller
sized fruit. This action also provides an
outlet for fruit that may otherwise go
unharvested, maximizing fresh
shipments and increasing returns to
handlers and growers. The benefits of
this rule are expected to be equally
available to all fresh grapefruit 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
Texas 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’s meeting was
widely publicized throughout the Texas
citrus industry and all interested
persons were invited to attend the
meeting and participate in Committee
deliberations. Like all Committee
meetings, the December 11, 2013,
meeting was a public meeting and 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
April 29, 2014. No comments were
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-14-00150001.
This action also affirms information
contained in the interim rule concerning
Executive Orders 12866, 12988, 13175,
and 13563; the Paperwork Reduction
Act (44 U.S.C. Chapter 35); and the EGov Act (44 U.S.C. 101).
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37930
Federal Register / Vol. 79, No. 128 / Thursday, July 3, 2014 / Rules and Regulations
After consideration of all relevant
material presented, it is found that
finalizing the interim rule, without
change, as published in the Federal
Register (79 FR 11295, February 28,
2014) will tend to effectuate the
declared policy of the Act.
List of Subjects in 7 CFR Part 906
Grapefruit, Marketing agreements,
Oranges, Reporting and recordkeeping
requirements.
Accordingly, the interim rule that
amended 7 CFR part 906 and was
published at 79 FR 11295 on February
28, 2014, is adopted as a final rule,
without change.
Dated: June 27, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2014–15594 Filed 7–2–14; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 983
[Doc. No. AMS–FV–12–0068; FV13–983–1
FR]
Pistachios Grown in California,
Arizona, and New Mexico; Modification
of Aflatoxin Regulations
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
This rule revises the aflatoxin
sampling regulations currently
prescribed under the California,
Arizona, and New Mexico pistachio
marketing order (order). The order
regulates the handling of pistachios
grown in California, Arizona, and New
Mexico, and is administered locally by
the Administrative Committee for
Pistachios (Committee). This rule allows
the use of mechanical samplers (autosamplers) for in-line sampling as a
method to obtain samples for aflatoxin
analysis. The use of auto-samplers is
expected to reduce handler costs by
providing a more efficient and costeffective process.
DATES: Effective Date: August 4, 2014.
FOR FURTHER INFORMATION CONTACT:
Andrea Ricci, Marketing Specialist, or
Martin Engeler, Regional Director,
California Marketing Field Office,
Marketing Order and Agreement
Division, Fruit and Vegetable Program,
AMS, USDA; Telephone: (559) 487–
5901, Fax: (559) 487–5906, or Email:
Andrea.Ricci@ams.usda.gov or
Martin.Engeler@ams.usda.gov.
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SUMMARY:
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Jkt 232001
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 final
rule is issued under Marketing
Agreement and Order No. 983, both as
amended (7 CFR part 983), regulating
the handling of pistachios grown in
California, Arizona, and New Mexico,
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, 13175, and 13563.
This final 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 final rule revises the aflatoxin
sampling regulations currently
prescribed under the order. This rule
allows the use of mechanical samplers
(auto-samplers) as an additional method
to obtain lot samples for aflatoxin
analysis. All auto-samplers will need to
be approved by and be subject to
procedures and requirements
established by the USDA Federal-State
Inspection Service prior to their use.
This rule will be in effect indefinitely
until amended, suspended, or
terminated, and was unanimously
recommended by the Committee at its
meeting held on August 19, 2013.
Section 983.50 of the order provides
authority for aflatoxin regulations that
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establish aflatoxin sampling, analysis,
and inspection requirements applicable
to pistachios to be shipped for human
consumption in domestic and export
markets. Aflatoxin regulations are
currently in effect for pistachios
shipped to domestic markets.
Section 983.150 of the order’s rules
and regulations contains specific
requirements regarding sampling and
testing of pistachios for aflatoxin.
Paragraph (d)(1) of that section provides
that a sample shall be drawn from each
lot of pistachios and such samples shall
meet specific weight requirements
according to the size of the lot.
The current method of collecting
samples of pistachios to be tested
requires hand sampling of static lots by,
or under the supervision of, an
inspector of the Federal-State Inspection
Service (inspector). This process
requires handler personnel to stage the
lots to be sampled, which requires
moving large containers around with a
forklift. This process utilizes a
considerable amount of time and
warehouse space. Inspectors are then
required to manually conduct the
sampling by drawing samples from the
containers, which is very labor
intensive. Once the lot sample is
collected, the inspector prepares test
samples for aflatoxin analysis.
Since the order’s promulgation in
2004, the volume of open inshell
pistachios processed annually has
increased significantly, from 165
million pounds to 385 million pounds
in the 2012–13 production year. This
change in volume has significantly
increased the amount of warehouse
space and handler labor needed to stage
lots for sampling. It has also driven up
the total labor costs associated with
sampling, as the number of lots to be
sampled has increased significantly.
With the implementation of this rule,
handlers will have the option of using
mechanized sampling instead of manual
sampling. Automatic samplers in
handlers’ processing facilities will
mechanically draw samples of
pistachios as they are being processed.
This will make the sampling process
more efficient by eliminating the extra
warehouse space and handler labor
needed for staging static lots for
sampling. In addition, the labor costs of
manual sampling will be eliminated,
further reducing handler costs. A
discussion of the costs is included in
the Final Regulatory Flexibility Analysis
section of this document.
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in
the Regulatory Flexibility Act (RFA) (5
U.S.C. 601–612), the Agricultural
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]]>Agencies
[Federal Register Volume 79, Number 128 (Thursday, July 3, 2014)]
[Rules and Regulations]
[Pages 37928-37930]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15594]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 906
[Doc. No. AMS-FV-14-0015; FV14-906-2 FIR]
Oranges and Grapefruit Grown in Lower Rio Grande Valley in Texas;
Change in Size and Grade Requirements for Grapefruit
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 relaxed the minimum size and
grade requirements prescribed for grapefruit under the marketing order
for oranges and grapefruit grown the Lower Rio Grande Valley in Texas
(order). The interim rule relaxed the minimum size requirement for
grapefruit from 3-5/16 inches to 3 inches in diameter and reduced the
minimum grade requirement for small-sized grapefruit. This rule
provides additional grapefruit to meet market demand, helping to
maximize fresh shipments.
DATES: Effective July 7, 2014.
FOR FURTHER INFORMATION CONTACT: Doris Jamieson, 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: Doris.Jamieson@ams.usda.gov or Christian.Nissen@ams.usda.gov.
Small businesses may obtain information on complying with this and
other marketing order and agreement 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-
[[Page 37929]]
2491, Fax: (202) 720-8938, or Email: Jeffrey.Smutny@ams.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 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 Orders
12866, 13563, and 13175.
The handling of oranges and grapefruit grown in the Lower Rio
Grande Valley in Texas is regulated by 7 CFR part 906. Prior to this
change, the minimum size requirement for grapefruit was 3-5/16 inches
in diameter (size 56) and size 56 fruit had to meet a minimum grade of
a U.S. No. 1. The Texas Valley Citrus Committee (Committee) believes
there is a shortage of fruit available to supply the fresh fruit
market, which the Texas citrus growers and handlers should fill. The
Committee also recognized that consumers are now showing a preference
for smaller-sized fruit. The Committee believes relaxing the
requirements makes more fruit available to fill the market shortfall
and provides smaller-sized fruit to meet consumer demand. Therefore,
this rule continues in effect the rule that relaxed the minimum size
requirement for grapefruit from 3-5/16 inches (size 56) to 3 inches
(size 64) in diameter and relaxed the minimum grade for a size 56,
establishing a minimum grade of ``Texas Choice'' for both size 56 and
size 64 grapefruit.
In an interim rule published in the Federal Register on February
28, 2014, and effective March 1, 2014, (79 FR 11295, Doc. No. AMS-FV-
14-0015, FV14-906-2 IR), Sec. 906.356 was amended by changing the
minimum size requirement for grapefruit from 3-5/16 inches (size 56) to
3 inches (size 64) in diameter. Section 906.340 was also revised by
adding size 64 to the available pack sizes for grapefruit listed under
Table II, and by adding language concerning pack and sizing
requirements as appropriate. In addition, this rule changed the minimum
grade requirement for size 56 fruit from a U.S. No. 1 to a ``Texas
Choice'' and established the minimum grade for a size 64 as a ``Texas
Choice.''
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
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.
There are 13 registered handlers of Texas citrus who are subject to
regulation under the marketing order and approximately 150 producers of
grapefruit in the regulated area. Small agricultural service firms,
which include handlers, are defined by the Small Business
Administration (SBA) as those having annual receipts of less than
$7,000,000, and small agricultural producers are defined as those
having annual receipts of less than $750,000 (13 CFR 121.201).
According to National Agricultural Statistics Service data, the
average f.o.b. price for Texas grapefruit during the 2012-13 season was
$24.10 per box, and total fresh shipments were approximately 3 million
boxes. Using the average f.o.b. price and shipment data, and
considering a normal distribution, the majority of Texas grapefruit
handlers could be considered small businesses under SBA's definition.
In addition, based on production data, grower prices, and the total
number of Texas citrus growers, the average annual grower revenue is
below $750,000. Thus, the majority of handlers and producers of
grapefruit may be classified as small entities.
This rule continues in effect the action that relaxed the size and
grade requirements for grapefruit prescribed under the order. This rule
relaxes the minimum size requirement for grapefruit from 3\5/16\ inches
(size 56) to 3 inches (size 64). This action also relaxes the minimum
grade requirement for size 56 fruit from a U.S. No. 1 to a ``Texas
Choice'' and establishes the minimum grade for size 64 as a ``Texas
Choice.'' These changes make additional fruit available for shipment to
the fresh market, maximize shipments, provide additional returns to
handlers and growers, and respond to consumer demand for small-sized
fruit. This rule amends the provisions in Sec. Sec. 906.340 and
906.356. Authority for these changes is provided in Sec. 906.40.
This action is not expected to increase costs associated with the
order's requirements. Rather, it is anticipated that this action will
have a beneficial impact. Reducing size and grade requirements makes
additional fruit available for shipment to the fresh market. The
Committee believes that this provides additional fruit to fill a
shortage in the fresh market and provides the opportunity to fulfill a
growing consumer demand for smaller sized fruit. This action also
provides an outlet for fruit that may otherwise go unharvested,
maximizing fresh shipments and increasing returns to handlers and
growers. The benefits of this rule are expected to be equally available
to all fresh grapefruit 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 Texas 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's meeting was widely publicized throughout
the Texas citrus industry and all interested persons were invited to
attend the meeting and participate in Committee deliberations. Like all
Committee meetings, the December 11, 2013, meeting was a public meeting
and 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 April 29, 2014. No comments were 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-14-0015-0001.
This action also affirms information contained in the interim rule
concerning Executive Orders 12866, 12988, 13175, and 13563; the
Paperwork Reduction Act (44 U.S.C. Chapter 35); and the E-Gov Act (44
U.S.C. 101).
[[Page 37930]]
After consideration of all relevant material presented, it is found
that finalizing the interim rule, without change, as published in the
Federal Register (79 FR 11295, February 28, 2014) will tend to
effectuate the declared policy of the Act.
List of Subjects in 7 CFR Part 906
Grapefruit, Marketing agreements, Oranges, Reporting and
recordkeeping requirements.
Accordingly, the interim rule that amended 7 CFR part 906 and was
published at 79 FR 11295 on February 28, 2014, is adopted as a final
rule, without change.
Dated: June 27, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2014-15594 Filed 7-2-14; 8:45 am]
BILLING CODE 3410-02-P
