Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida; Order Amending Marketing Order No. 905, 10451-10455 [2016-04470]

Agencies

• Agricultural Marketing Service
• DEPARTMENT OF AGRICULTURE

[Federal Register Volume 81, Number 40 (Tuesday, March 1, 2016)]
[Rules and Regulations]
[Pages 10451-10455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04470]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 905

[Doc. No. AO-13-0163; AMS-FV-12-0069; FV13-905-1]


Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida; 
Order Amending Marketing Order No. 905

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: This final rule amends Marketing Order No. 905 (order), which 
regulates the handling of oranges, grapefruit, tangerines, and tangelos 
(citrus) grown in Florida. The amendments were proposed by the Citrus 
Administrative Committee (Committee), which locally administers the 
order, and is comprised of growers and handlers. These amendments: 
Authorize regulation of new varieties and hybrids of citrus fruit; 
authorize the regulation of intrastate shipments of fruit; revise the 
process for redistricting the production area; change the term of 
office and tenure requirements for Committee members; authorize mail 
balloting procedures for Committee membership nominations; increase the 
capacity of the financial reserve fund; authorize pack and container 
requirements for domestic shipments and authorize different regulations 
for different markets; eliminate the use of separate acceptance 
statements in the nomination process; and require handlers to register 
with the Committee. All of the proposals were favored by Florida citrus 
growers in a mail referendum, held September 14 through October 5, 
2015. Of the 200 votes cast, 96 percent or more of the vote by number 
and 99 percent or more by volume approved all nine amendments. The 
amendments are intended to

[[Page 10452]]

improve the operation and functioning of the marketing order program.

DATES: This rule is effective March 2, 2016.

FOR FURTHER INFORMATION CONTACT: Melissa Schmaedick, Marketing Order 
and Agreement Division, Specialty Crops Program, AMS, USDA, Post Office 
Box 952, Moab, UT 84532; Telephone: (202) 557-4783, Fax: (435) 259-
1502, or Michelle Sharrow, Marketing Order and Agreement Division, 
Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., Stop 
0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: (202) 
720-8938, or Email: Melissa.Schmaedick@ams.usda.gov or 
Michelle.Sharrow@ams.usda.gov.or Melissa.Schmaedick@usda.gov
    Small businesses may request information on this proceeding by 
contacting Antoinette Carter, Marketing Order and Agreement Division, 
Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., Stop 
0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: (202) 
720-8938, or Email: Antoinette.Carter@ams.usda.gov.

SUPPLEMENTARY INFORMATION: Prior documents in this proceeding: Notice 
of Hearing published in the March 28, 2013, issue of the Federal 
Register (78 FR 18899); a Recommended Decision issued on February 23, 
2015, and published in the March 3, 2015, issue of the Federal Register 
(80 FR 11335); and, a Secretary's Decision and Referendum Order issued 
on July 14, 2015, and published in the Federal Register on July 21, 
2015 (80 FR 43040).
    This action is governed by the provisions of sections 556 and 557 
of title 5 of the United States Code and is therefore excluded from the 
requirements of Executive Orders 12866, 13563, and 13175.

Preliminary Statement

    The final rule was formulated on the record of a public hearing 
held on April 24, 2013, in Winter Haven, Florida. The hearing was held 
pursuant to the provisions of the Agricultural Marketing Agreement Act 
of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the 
``Act,'' and the applicable rules of practice and procedure governing 
the formulation of marketing agreements and orders (7 CFR part 900). 
Notice of this hearing was published in the Federal Register on March 
28, 2013 (78 FR 18899). The notice of hearing contained nine proposals 
submitted by the Committee.
    Upon the basis of evidence introduced at the hearing and the record 
thereof, the Administrator of AMS issued a Recommended Decision and 
Opportunity to File Written Exceptions thereto by April 2, 2015. None 
were filed.
    A Secretary's Decision and Referendum Order was issued on July 14, 
2015, directing that a referendum be conducted during the period of 
September 14 through October 5, 2015, among eligible Florida citrus 
growers to determine whether they favored the proposed amendments to 
the order. To become effective, the amendments had to be approved by at 
least two-thirds of those growers voting, or by voters representing at 
least two-thirds of the volume of citrus represented by voters voting 
in the referendum. Voters voting in the referendum favored all of the 
proposed amendments.
    The amendments favored by voters and included in this final order 
will: Authorize regulation of new varieties and hybrids of citrus 
fruit; authorize the regulation of intrastate shipments of fruit; 
revise the process for redistricting the production area; change the 
term of office and tenure requirements for Committee members; authorize 
mail balloting procedures for Committee membership nominations; 
increase the capacity of financial reserve funds; authorize pack and 
container requirements for domestic shipments and authorize different 
regulations for different markets; eliminate the use of separate 
acceptance statements in the nomination process; and require handlers 
to register with the Committee.
    USDA also made such changes as were necessary to the order so that 
all of the order's provisions conform to the effectuated amendments. A 
conforming change was made to the title of 7 CFR part 905. The title is 
revised to ``ORANGES, GRAPEFRUIT, TANGERINES, AND PUMMELOS GROWN IN 
FLORIDA'' to reflect the addition of pummelos as a regulated fruit and 
the inclusion of tangelos as a regulated hybrid variety.
    The amended marketing agreement was subsequently mailed to all 
citrus handlers in the production area for their approval. The 
marketing agreement was approved by handlers representing more than 50 
percent of the volume of citrus handled by all handlers during the 
representative period of August 1, 2014, through July 31, 2015.

Small Business Consideration

    Pursuant to the requirements set forth in the Regulatory 
Flexibility Act (RFA), 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 so that small businesses will not be 
unduly or disproportionately burdened. Marketing orders and amendments 
thereto are unique in that they are normally brought about through 
group action of essentially small entities for their own benefit.
    According to the 2007 U.S. Census of Agriculture, the number of 
citrus growers in Florida was 6,061. According to the National 
Agriculture Statistic Service (NASS) Citrus Fruit Report, published 
September 19, 2012, the total number of acres used in citrus production 
in Florida was 495,100 for the 2011/12 season. Based on the number of 
citrus growers from the U.S. Census of Agriculture and the total acres 
used for citrus production from NASS, the average citrus farm size is 
81.7 acres. NASS also reported the total value of production for 
Florida citrus at $1,804,484,000. Taking the total value of production 
for Florida citrus and dividing it by the total number of acres used 
for citrus production provides a return per acre of $3,644.69. A small 
grower as defined by the Small Business Administration (SBA) (13 CFR 
121.201) is one that grosses less than $750,000 annually. Multiplying 
the return per acre of $3,644.69 by the average citrus farm size of 
81.7 acres, yields an average return of $297,720.51. Therefore, a 
majority of Florida citrus producers are considered small entities 
under SBA's standards.
    According to the industry, there were 44 handlers for the 2011/12 
season, down 25 percent from the 2002/03 season. A small agricultural 
service firm as defined by the SBA is one that grosses less than 
$7,000,000 annually. Based on information submitted by industry, 21 
handlers would be considered small entities under SBA's standards. A 
majority of citrus handlers are considered large entities under SBA's 
standards.
    The production area regulated under the order covers the portion of 
the state of Florida which is bound by the Suwannee River, the Georgia 
Border, the Atlantic Ocean, and the Gulf of Mexico. Acreage devoted to 
citrus production in the regulated area has declined in recent years.
    According to data presented at the hearing, bearing acreage for 
oranges reached a high of 605,000 acres during the 2000/01 crop year. 
Since then, bearing acreage for oranges has decreased 28 percent. For 
grapefruit, bearing acreage reached a high of 107,800 acres during the 
2000/01 crop year. Since the 2000/01 crop year,

[[Page 10453]]

bearing acreage for grapefruit has decreased 58 percent. For tangelos, 
bearing acreage reached a high for the 2000/01 crop year of 10,800 
acres for Florida. Since the 2000/01 crop year, bearing acreage for 
tangelos has decreased 62 percent. For tangerines and mandarins, 
bearing acreage reached a high for the 2000/01 crop year of 25,500 
acres. Since the 2000/01 crop year, bearing acreage for tangerines and 
mandarins has decreased 53 percent.
    According to data presented at the hearing, the total utilized 
production for oranges reached a high during the 2003/04 crop year of 
242 million boxes. Since the 2000/01 crop year, total utilized 
production for oranges has decreased 34 percent. For grapefruit, the 
total utilized production reached a high during the 2001/02 crop year 
of 46.7 million boxes. Since the 2000/01 crop year, total utilized 
production for grapefruit has decreased 59 percent. For tangelos, the 
total utilized production reached a high during the 2002/03 crop year 
of 2.4 million boxes. Since the 2000/01 crop year, total utilized 
production for tangelos has decreased 45 percent. For tangerines and 
mandarins, the total utilized production reached a high during the 
2001/02 crop year of 6.6 million boxes. Since the 2000/01 crop year, 
total utilized production for tangerines and mandarins has decreased 23 
percent.

Material Issues

    This action amends the order to: Authorize regulation of new 
varieties and hybrids of citrus fruit; authorize the regulation of 
intrastate shipments of fruit; revise the process for redistricting the 
production area; change the term of office and tenure requirements for 
Committee members; authorize mail balloting procedures for Committee 
membership nominations; increase the capacity of financial reserve 
funds; authorize pack and container requirements for domestic shipments 
and authorize different regulations for different markets; eliminate 
the use of separate acceptance statements in the nomination process; 
and require handlers to register with the Committee.
    These amendments will streamline program operations, but are not 
expected to result in a significant change in industry production, 
handling or distribution activities.
    During the hearing held on April 24, 2013, interested persons were 
invited to present evidence on the probable regulatory and 
informational impact of the proposed amendments to the order on small 
businesses. The evidence presented at the hearing shows that none of 
the proposed amendments would have any burdensome effects on small 
agricultural producers or firms.
    In discussing the impacts of the amendments on growers and 
handlers, record evidence indicates that the changes are expected to be 
positive because the administration of the programs would be more 
efficient, and therefore more effective, in executing Committee duties 
and responsibilities.
    USDA has not identified any relevant Federal rules that duplicate, 
overlap or conflict with this rule. These amendments are designed to 
enhance the administration and functioning of the order for the benefit 
of the Florida citrus industry.

Paperwork Reduction Act

    Current information collection requirements for Part 905 are 
approved by the Office of Management and Budget (OMB) under OMB Number 
0581-0189--``Generic OMB Fruit Crops.'' In accordance with the 
Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the termination 
of the Letter of Acceptance has been submitted to the Office of 
Management and Budget (OMB) for approval. The Letter of Acceptance has 
no time or cost burden associated with it due to the fact that handlers 
simply sign the form upon accepting nomination to the Committee. As a 
result, the current number of hours associated with OMB No. 0581-0189, 
Generic Fruit Crops, would remain the same: 7,786.71 hours.
    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.

Civil Justice Reform

    The amendments to the order contained herein have been reviewed 
under Executive Order 12988, Civil Justice Reform. They are not 
intended to have retroactive effect. The amendments do not preempt any 
State or local laws, regulations, or policies, unless they present an 
irreconcilable conflict with this proposal.
    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 no later than 20 days after the date of 
entry of the ruling.

Order Amending the Order Regulating the Handling of Oranges, 
Grapefruit, Tangerines, and Tangelos Grown in Florida \1\
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    \1\ This order shall not become effective unless and until the 
requirements of Sec.  900.14 of the rules of practice and procedure 
governing proceedings to formulate marketing agreements and 
marketing orders have been met.
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Findings and Determinations

    The findings and determinations hereinafter set forth are 
supplementary to the findings and determinations that were previously 
made in connection with the issuance of the marketing order; and all 
said previous findings and determinations are hereby ratified and 
affirmed, except insofar as such findings and determinations may be in 
conflict with the findings and determinations set forth herein.
    (a) Findings and Determinations Upon the Basis of the Hearing 
Record.
    Pursuant to the provisions of the Agricultural Marketing Agreement 
Act of 1937, as amended (7 U.S.C. 601-674), and the applicable rules of 
practice and procedure effective thereunder (7 CFR part 900), a public 
hearing was held upon proposed further amendment of Marketing Order No. 
905, regulating the handling of oranges, grapefruit, tangerines, and 
tangelos grown in Florida.
    Upon the basis of the evidence introduced at such hearing and the 
record thereof, it is found that:
    (1) The marketing order, as amended, and as hereby further amended, 
and all of the terms and conditions thereof, will tend to effectuate 
the declared policy of the Act;
    (2) The marketing order, as amended, and as hereby further amended, 
regulates the handling of oranges, grapefruit, tangerines, and pummelos 
grown in the production area in the same manner as, and are applicable 
only to, persons in the respective classes of commercial and industrial 
activity specified in the marketing order upon which a hearing has been 
held;

[[Page 10454]]

    (3) The marketing order, as amended, and as hereby further amended, 
is limited in its application to the smallest regional production area 
that is practicable, consistent with carrying out the declared policy 
of the Act, and the issuance of several orders applicable to 
subdivisions of the production area would not effectively carry out the 
declared policy of the Act;
    (4) The marketing order, as amended, and as hereby further amended, 
prescribes, insofar as practicable, such different terms applicable to 
different parts of the production area as are necessary to give due 
recognition to the differences in the production and marketing of 
oranges, grapefruit, tangerines, and pummelos grown in the production 
area; and
    (5) All handling of oranges, grapefruit, tangerines, and pummelos 
grown in the production area as defined in the marketing order is in 
the current of interstate or foreign commerce or directly burdens, 
obstructs, or affects such commerce.
    (b) Additional findings.
    It is necessary and in the public interest to make these amendments 
to the order effective not later than one day after publication in the 
Federal Register. A later effective date would unnecessarily delay 
implementation of the amendments for the new crop year, which begins 
August 1, 2016.
    In view of the foregoing, it is hereby found and determined that 
good cause exists for making these amendments effective one day after 
publication in the Federal Register, and that it would be contrary to 
the public interest to delay the effective date for 30 days after 
publication in the Federal Register (Sec. 553(d), Administrative 
Procedure Act; 5 U.S.C. 551-559).
    (c) Determinations. It is hereby determined that:
    (1) Handlers (excluding cooperative associations of growers who are 
not engaged in processing, distributing, or shipping citrus covered by 
the order as hereby amended) who, during the period August 1, 2014, 
through July 31, 2015, handled 50 percent or more of the volume of such 
citrus covered by said order, as hereby amended, have signed an amended 
marketing agreement;
    (2) The issuance of this amendatory order, further amending the 
aforesaid order, was favored or approved by at least two-thirds of the 
growers who participated in a referendum on the question of approval 
and who, during the period of August 1, 2014, through July 31, 2015 
(which has been deemed to be a representative period), have been 
engaged within the production area in the production of such citrus, 
such growers having also produced for market at least two-thirds of the 
volume of such commodity represented in the referendum; and
    (3) The issuance of this amendatory order together with a signed 
marketing agreement advances the interests of growers of citrus in the 
production area pursuant to the declared policy of the Act.

Order Relative to Handling

    It is therefore ordered, That on and after the effective date 
hereof, all handling of oranges, grapefruit, tangerines, and pummelos 
grown in Florida shall be in conformity to, and in compliance with, the 
terms and conditions of the said order as hereby amended as follows:
    The provisions of the proposed marketing order amending the order 
contained in the Secretary's Decision issued on February 23, 2015, and 
published in the March 3, 2015, issue of the Federal Register (80 CFR 
11335) will be and are the terms and provisions of this order amending 
the order and are set forth in full below.

List of Subjects in 7 CFR Part 905

    Grapefruit, Marketing agreements, Oranges, Pummelos, Reporting and 
recordkeeping requirements, Tangerines.

    For the reasons set out in the preamble, 7 CFR part 905 is amended 
as follows:

PART 905--ORANGES, GRAPEFRUIT, TANGERINES, AND PUMMELOS GROWN IN 
FLORIDA

0
1. The authority citation for 7 CFR part 905 continues to read as 
follows:

    Authority:  7 U.S.C. 601-674.

0
2. Revise the heading for part 905 to read as set forth above.

0
3. Revise Sec.  905.4 to read as follows:


Sec.  905.4  Fruit.

    Fruit means any or all varieties of the following types of citrus 
fruits grown in the production area:
    (a) Citrus sinensis, Osbeck, commonly called ``oranges'';
    (b) Citrus paradisi, MacFadyen, commonly called ``grapefruit'';
    (c) Citrus reticulata, commonly called ``tangerines'' or 
``mandarin'';
    (d) Citrus maxima Merr (L.); Osbeck, commonly called ``pummelo''; 
and,
    (e) ``Citrus hybrids'' that are hybrids between or among one or 
more of the four fruits in paragraphs (a) through (d) of this section 
and the following: Trifoliate orange (Poncirus trifoliata), sour orange 
(C. aurantium), lemon (C. limon), lime (C. aurantifolia), citron (C. 
medica), kumquat (Fortunella species), tangelo (C. reticulata x C. 
paradisi or C. grandis), tangor (C. reticulata x C. sinensis), and 
varieties of these species. In addition, citrus hybrids include: 
Tangelo (C. reticulata x C. paradisi or C. grandis), tangor (C. 
reticulata x C. sinensis), Temple oranges, and varieties thereof.

0
4. Revise Sec.  905.5 to read as follows:


Sec.  905.5  Variety.

    Variety or varieties means any one or more of the following 
classifications or groupings of fruit:
    (a) Oranges. (1) Early and Midseason oranges;
    (2) Valencia, Lue Gim Gong, and similar late maturing oranges of 
the Valencia type;
    (3) Navel oranges.
    (b) Grapefruit. (1) Red Grapefruit, to include all shades of color;
    (2) White Grapefruit.
    (c) Tangerines and mandarins. (1) Dancy and similar tangerines;
    (2) Robinson tangerines;
    (3) Honey tangerines;
    (4) Fall-Glo tangerines;
    (5) US Early Pride tangerines;
    (6) Sunburst tangerines;
    (7) W-Murcott tangerines;
    (8) Tangors.
    (d) Pummelos. (1) Hirado Buntan and other pink seeded pummelos;
    (2) [Reserved].
    (e) Citrus hybrids--(1) Tangelos. (i) Orlando tangelo;
    (ii) Minneola tangelo.
    (2) Temple oranges.
    (f) Other varieties of citrus fruits specified in Sec.  905.4, 
including hybrids, as recommended and approved by the Secretary. 
Provided, That in order to add any hybrid variety of citrus fruit to be 
regulated under this provision, such variety must exhibit similar 
characteristics and be subject to cultural practices common to existing 
regulated varieties.

0
5. Revise Sec.  905.7 to read as follows:


Sec.  905.7  Handler.

    Handler is synonymous with shipper and means any person (except a 
common or contract carrier transporting fruit for another person) who, 
as owner, agent, or otherwise, handles fruit in fresh form, or causes 
fruit to be handled. Each handler shall be registered with the 
Committee pursuant to rules recommended by the Committee and approved 
by the Secretary.

[[Page 10455]]


0
6. Revise Sec.  905.9 to read as follows:


Sec.  905.9  Handle or ship.

    Handle or ship means to sell, transport, deliver, pack, prepare for 
market, grade, or in any other way to place fruit in the current of 
commerce within the production area or between any point in the 
production area and any point outside thereof.

0
7. Revise Sec.  905.14 to read as follows:


Sec.  905.14  Redistricting.

    (a) The Committee may, with the approval of the Secretary, redefine 
the districts into which the production area is divided or reapportion 
or otherwise change the grower membership of districts, or both: 
Provided, That the membership shall consist of at least eight but not 
more than nine grower members, and any such change shall be based, 
insofar as practicable, upon the respective averages for the 
immediately preceding three fiscal periods of:
    (1) The number of bearing trees in each district;
    (2) The volume of fresh fruit produced in each district;
    (3) The total number of acres of citrus in each district; and
    (4) Other relevant factors.
    (b) Each redistricting or reapportionment shall be announced on or 
prior to March 1 preceding the effective fiscal period.

0
8. Revise Sec.  905.20 to read as follows:


Sec.  905.20  Term of office.

    The term of office of members and alternate members shall begin on 
the first day of August of even-numbered years and continue for two 
years and until their successors are selected and have qualified. The 
consecutive terms of office of a member shall be limited to two terms. 
The terms of office of alternate members shall not be so limited. 
Members, their alternates, and their respective successors shall be 
nominated and selected by the Secretary as provided in Sec. Sec.  
905.22 and 905.23.

0
9. In Sec.  905.22, revise paragraphs (a)(1) and (b)(1) and add 
paragraph (c) to read as follows:


Sec.  905.22  Nominations.

    (a) Grower members. (1) The Committee shall give public notice of a 
meeting of producers in each district to be held not later than June 
10th of even-numbered years, for the purpose of making nominations for 
grower members and alternate grower members. The Committee, with the 
approval of the Secretary, shall prescribe uniform rules to govern such 
meetings and the balloting thereat. The chairman of each meeting shall 
publicly announce at such meeting the names of the persons nominated, 
and the chairman and secretary of each such meeting shall transmit to 
the Secretary their certification as to the number of votes so cast, 
the names of the persons nominated, and such other information as the 
Secretary may request. All nominations shall be submitted to the 
Secretary on or before the 20th day of June.
* * * * *
    (b) Shipper members. (1) The Committee shall give public notice of 
a meeting for bona fide cooperative marketing organizations which are 
handlers, and a meeting for other handlers who are not so affiliated, 
to be held not later than June 10th of even-numbered years, for the 
purpose of making nominations for shipper members and their alternates. 
The Committee, with the approval of the Secretary, shall prescribe 
uniform rules to govern each such meeting and the balloting thereat. 
The chairperson of each such meeting shall publicly announce at the 
meeting the names of the persons nominated and the chairman and 
secretary of each such meeting shall transmit to the Secretary their 
certification as to the number of votes cast, the weight by volume of 
those shipments voted, and such other information as the Secretary may 
request. All nominations shall be submitted to the Secretary on or 
before the 20th day of June.
* * * * *
    (c) Notwithstanding the provisions of paragraphs (a) and (b) of 
this section, nomination and election of members and alternate members 
to the Committee may be conducted by mail, electronic mail, or other 
means according to rules and regulations recommended by the Committee 
and approved by the Secretary.

0
10. Revise Sec.  905.28 to read as follows:


Sec.  905.28  Qualification and acceptance.

    Any person nominated to serve as a member or alternate member of 
the Committee shall, prior to selection by the Secretary, qualify by 
filing a written qualification and acceptance statement indicating such 
person's qualifications and willingness to serve in the position for 
which nominated.

0
11. In Sec.  905.42, revise the first sentence of paragraph (a) to read 
as follows:


Sec.  905.42  Handler's accounts.

    (a) If, at the end of a fiscal period, the assessments collected 
are in excess of expenses incurred, the Committee, with the approval of 
the Secretary, may carry over such excess into subsequent fiscal 
periods as a reserve: Provided, That funds already in the reserve do 
not exceed approximately two fiscal periods' expenses. * * *
* * * * *

0
12. In Sec.  905.52, revise paragraphs (a)(4) and (5) and add paragraph 
(a)(6) to read as follows:


Sec.  905.52  Issuance of regulations.

    (a) * * *
    (4) Establish, prescribe, and fix the size, capacity, weight, 
dimensions, marking (including labels and stamps), or pack of the 
container or containers which may be used in the packaging, 
transportation, sale, shipment, or other handling of fruit.
    (5) Provide requirements that may be different for the handling of 
fruit within the production area, the handling of fruit for export, or 
for the handling of fruit between the production area and any point 
outside thereof within the United States.
    (6) Any regulations or requirements pertaining to intrastate 
shipments shall not be implemented unless Florida statutes and 
regulations regulating such shipments are not in effect.
* * * * *

    Dated: February 25, 2016.
Elanor Starmer,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2016-04470 Filed 2-29-16; 8:45 am]
 BILLING CODE 3410-02-P