Oranges, Grapefruit, Tangerines, and Pummelos Grown in Florida; Change in Size Requirements for Oranges, 14348-14350 [2018-06874]
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14348
Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Rules and Regulations
TABLE 1—SUBSTANCES RENEWED IN 2018 SUNSET REVIEW
National list
section
Substance listing
§ 205.601
(a) ...................
(3) ...................
(5) ...................
(6) ...................
(e) ...................
(4) ...................
(i) .....................
(8) ...................
(m) ..................
(2) ...................
Synthetic substances allowed for use in organic crop production.
As algicide, disinfectants, and sanitizer, including irrigation system cleaning systems.
Copper Sulfate—for use as an algicide in aquatic rice systems, is limited to one application per field during any 24-month period. Application rates are limited to those which do not increase baseline soil test values for copper over a timeframe
agreed upon by the producer and accredited certifying agent.
Ozone gas—for use as an irrigation system cleaner only.
Peracetic acid—for use in disinfecting equipment, seed, and asexually propagated planting material. Also permitted in hydrogen peroxide formulations as allowed in § 205.601(a) at concentration of no more than 6% as indicated on the pesticide
product label.
As insecticides (including acaricides or mite control).
Copper Sulfate—for use as tadpole shrimp control in aquatic rice production, is limited to one application per field during any
24-month period. Application rates are limited to levels which do not increase baseline soil test values for copper over a
timeframe agreed upon by the producer and accredited certifying agent.
As plant disease control.
Peracetic acid—for use to control fire blight bacteria. Also permitted in hydrogen peroxide formulations as allowed in
§ 205.601(i) at concentration of no more than 6% as indicated on the pesticide product label.
As synthetic inert ingredients as classified by the Environmental Protection Agency (EPA), for use with nonsynthetic substances or synthetic substances listed in this section and used as an active pesticide ingredient in accordance with any limitations on the use of such substances.
EPA List 3—Inerts of unknown toxicity—for use only in passive pheromone dispensers.
§ 205.602 Nonsynthetic substances prohibited for use in organic crop production.
(c) ....................
§ 205.605
Calcium chloride, brine process is natural and prohibited for use except as a foliar spray to treat a physiological disorder associated with calcium uptake.
Nonagricultural (nonorganic) substances allowed as ingredients in or on processed products labeled as ‘‘organic’’ or ‘‘made
with organic (specified ingredients or food group(s)).’’
(a) ...................
(b) ...................
§ 205.606
Nonsynthetics allowed:
Agar-agar.
Animal enzymes—(Rennet-animals derived; Catalase-bovine liver; Animal lipase; Pancreatin; Pepsin; and Trypsin).
Calcium sulfate—mined.
Carrageenan.
Glucono delta-lactone—production by the oxidation of D-glucose with bromine water is prohibited.
Tartaric acid—made from grape wine.
Synthetics allowed:
Cellulose—for use in regenerative casings, as an anti-caking agent (non-chlorine bleached) and filtering aid.
Potassium hydroxide—prohibited for use in lye peeling of fruits and vegetables except when used for peeling peaches.
Silicon dioxide—Permitted as a defoamer. Allowed for other uses when organic rice hulls are not commercially available.
Nonorganically produced agricultural products allowed as ingredients in or on processed products labeled as ‘‘organic.’’
Only the following nonorganically produced agricultural products may be used as ingredients in or on processed products labeled as ‘‘organic,’’
only in accordance with any restrictions specified in this section, and only when the product is not commercially available in organic form.
(c) ....................
(2) ...................
Colors derived from agricultural products—Must not be produced using synthetic solvents and carrier systems or any artificial
preservative.
Beta-carotene extract color—derived from carrots or algae (pigment CAS# 7235–40–7).
Authority: 7 U.S.C. 6501–6524.
DEPARTMENT OF AGRICULTURE
Dated: March 30, 2018.
Bruce Summers,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 2018–06867 Filed 4–3–18; 8:45 am]
amozie on DSK30RV082PROD with RULES
BILLING CODE 3410–02–P
Agricultural Marketing Service
7 CFR Part 905
[Doc. No. AMS–SC–17–0064; SC17–905–2
FIR]
Oranges, Grapefruit, Tangerines, and
Pummelos Grown in Florida; Change
in Size Requirements for Oranges
AGENCY:
Agricultural Marketing Service,
USDA.
ACTION:
VerDate Sep<11>2014
16:41 Apr 03, 2018
Jkt 244001
PO 00000
DATES:
Final rule.
Frm 00002
Fmt 4700
The Department of
Agriculture adopts as final without
change, an interim rule implementing a
recommendation from the Citrus
Administrative Committee (Committee)
to relax the minimum size requirements
currently prescribed under the
Marketing Order for oranges, grapefruit,
tangerines, and pummelos grown in
Florida (Order). This final rule also
continues in effect administrative
revisions to the subpart heading to bring
the language into conformance with the
Office of Federal Register requirements.
SUMMARY:
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Effective April 5, 2018.
04APR1
Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Rules and Regulations
amozie on DSK30RV082PROD with RULES
FOR FURTHER INFORMATION CONTACT:
Abigail Campos, Marketing Specialist,
or Christian D. Nissen, Regional
Director, Southeast Marketing Field
Office, Marketing Order and Agreement
Division, Specialty Crops Program,
AMS, USDA; Telephone: (863) 324–
3375, Fax: (863) 291–8614, or Email:
Abigail.Campos@ams.usda.gov or
Christian.Nissen@ams.usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Richard Lower,
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:
Richard.Lower@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This
action, pursuant to 5 U.S.C. 553,
amends regulations issued to carry out
a marketing order as defined in 7 CFR
900.2(j). This rule is issued under
Marketing Order No. 905, as amended (7
CFR part 905), regulating the handling
of oranges, grapefruit, tangerines, and
pummelos grown in Florida. Part 905
(referred to as 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 Committee locally
administers the Order and is comprised
of growers and handlers operating
within the production area and one
public member.
The Department of Agriculture
(USDA) is issuing this rule in
conformance with Executive Orders
13563 and 13175. This rule falls within
a category of regulatory actions that the
Office of Management and Budget
(OMB) exempted from Executive Order
12866 review. Additionally, because
this rule does not meet the definition of
a significant regulatory action, it does
not trigger the requirements contained
in Executive Order 13771. See OMB’s
Memorandum titled ‘‘Interim Guidance
Implementing Section 2 of the Executive
Order of January 30, 2017, titled
‘Reducing Regulation and Controlling
Regulatory Costs’ ’’ (February 2, 2017).
The handling of oranges, grapefruit,
tangerines, and pummelos grown in
Florida is regulated by 7 CFR part 905.
Prior to this change, the minimum size
requirement for oranges was 28⁄16
inches. The reduction in size
requirement to 24⁄16 inches in diameter
was established to meet both a market
demand for small-sized oranges, as well
as a general market shortage of citrus.
Losses of citrus production in Florida
due to citrus greening and damage
caused by Hurricane Irma have resulted
VerDate Sep<11>2014
16:41 Apr 03, 2018
Jkt 244001
in an overall market shortage of citrus
fruit. Therefore, this rule continues in
effect the rule that relaxed the minimum
size requirement for oranges from 28⁄16
inches to 24⁄16 inches in diameter.
In an interim rule published in the
Federal Register on November 16, 2017,
and effective on November 17, 2017, (82
FR 53397, Doc. No. AMS–SC–17–0064;
SC17–905–2 IR), § 905.306 was
amended by changing the minimum
diameter for oranges from 28⁄16 inches to
24⁄16 inches in diameter. The relaxation
in the size requirements would allow
more oranges into the market and help
maximize shipments.
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in
the Regulatory Flexibility Act (RFA) (5
U.S.C. 601–612), the Agricultural
Marketing Service (AMS) has
considered the economic impact of this
action on small entities. Accordingly,
AMS has prepared this final regulatory
flexibility analysis.
The purpose of the RFA is to fit
regulatory actions to the scale of
businesses subject to such actions in
order that small businesses will not be
unduly or disproportionately burdened.
Marketing orders issued pursuant to the
Act, and the rules issued thereunder, are
unique in that they are brought about
through group action of essentially
small entities acting on their own
behalf.
There are approximately 20 handlers
of Florida Citrus who are subject to
regulation under the Order and
approximately 500 citrus producers in
the regulated area. Small agricultural
service firms are defined by the Small
Business Administration (SBA) as those
having annual receipts of less than
$7,500,000, and small agricultural
producers are defined as those having
annual receipts of less than $750,000
(13 CFR 121.201).
According to data from the National
Agricultural Statistics Service (NASS),
the industry, and the Committee, the
average f.o.b. price for Florida oranges
during the 2016–17 season was $31.90
per box, and total fresh orange
shipments were approximately 2.1
million boxes. Using the average f.o.b.
price and shipment data, the majority of
Florida orange handlers could be
considered small businesses under
SBA’s definition ($31.90 times 2.1
million boxes equals $66.99 million
divided by 20 handlers equals
$3,349,500 per handler). In addition,
based on the NASS data, the average
grower price for the 2016–2017 season
was $17.51 per box. Based on grower
price, shipment data, and the total
number of Florida citrus growers, the
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
14349
average annual grower revenue is below
$750,000 ($17.51 times 2.1 million
boxes equals $36,771,000 divided by
500 growers equals $73,542 per grower).
Thus, the majority of handlers and
producers of oranges may be classified
as small entities.
This rule continues in effect the
interim rule that relaxed the minimum
size requirements for oranges covered
under the Order from 28⁄16 inches to
24⁄16 inches in diameter. This change is
expected to maximize shipments by
allowing more oranges to be shipped to
the fresh market and will help reduce
the losses sustained by the orange
industry as a result of citrus greening
and the September 2017 hurricane in
Florida. This rule amends the
provisions of § 905.306. Authority for
this change is provided in § 905.52 of
the Order.
This action is not expected to increase
costs associated with the Order
requirements. Rather, this action will
have a beneficial impact. Reducing the
size requirements makes additional fruit
available for shipment to the fresh
market, provides an outlet for fruit that
may otherwise go unharvested, and
affords more opportunity to meet
consumer demand. This change
provides additional fruit to fill the
shortage cause by citrus greening and by
Hurricane Irma. Further, by maximizing
shipments, this action will help provide
additional returns to growers and
handlers as they work to recover from
the losses stemming from the hurricane.
This action may also help reduce
harvesting costs. By reducing the
minimum size, more fruit can be
harvested immediately. This may
eliminate the need to leave fruit on the
tree to increase in size, which requires
follow-up picking later in the season.
Given the amount of fruit loss, this
could help reduce picking costs
substantially. The benefits of this rule
are expected to be equally available to
all fresh orange 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 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
orange handlers. As with all Federal
marketing order programs, reports and
forms are periodically reviewed to
E:\FR\FM\04APR1.SGM
04APR1
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14350
Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Rules and Regulations
reduce information requirements and
duplication by industry and public
sector agencies. USDA has not
identified any relevant Federal rules
that duplicate, overlap or conflict with
this rule.
Further, the Committee’s meetings
were 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 June 29, 2017, and
September 28, 2017, meetings were
public meetings 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
January 16, 2018. Four comments were
received during the comment period in
response to the proposal. The
commenters included three in favor and
one raising concerns not applicable to
the interim rule.
The three commenters in support of
the interim rule indicated relaxing the
minimum size requirement for domestic
shipments from 28⁄16 inches to 24⁄16
inches in diameter would maximize
shipments and reduce the financial
burden on industry and consumers. In
addition, they stated the reduction in
size would mitigate the impact on
consumers by allowing more inventory
to enter the market.
Two commenters mentioned that
Florida citrus growers face a financial
burden due to decreases in production.
One commenter noted that there has
been a constant decline in production.
Another commenter noted that
Hurricane Irma resulted in nearly $760
million in damages to the citrus
industry and that growers have reported
as high as 70 percent crop loss.
Accordingly, no changes will be made
to the interim rule based on the
comments received.
To view the interim rule, go to:
https://www.regulations.gov/
document?D=AMS-SC-17-0064-0001.
This action also affirms information
contained in the interim rule concerning
Executive Orders 12866, 12988, 13175,
13563, and 13771; the Paperwork
Reduction Act (44 U.S.C. Chapter 35);
and the E-Gov Act (44 U.S.C. 101).
After consideration of all relevant
material presented, it is found that
finalizing the interim rule, without
change, as published in the Federal
Register (82 FR 53397, November, 16,
2017) will tend to effectuate the
declared policy of the Act.
List of Subjects in 7 CFR Part 905
Grapefruit, Marketing agreements,
Oranges, Pummelos, Reporting and
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16:41 Apr 03, 2018
Jkt 244001
recordkeeping requirements,
Tangerines.
PART 905—ORANGES, GRAPEFRUIT,
TANGERINES, AND PUMMELOS
GROWN IN FLORIDA
Accordingly, the interim rule that
amended 7 CFR part 905, which was
published at 82 FR 53399 on November
16, 2017, is adopted as final, without
change.
Dated: March 30, 2018.
Bruce Summers,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 2018–06874 Filed 4–3–18; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 929
[Doc. No. AMS–SC–17–0061; SC17–929–2
FR]
Cranberries Grown in States of
Massachusetts, et al.; Free and
Restricted Percentages for the 2017–18
Crop Year for Cranberries
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
This rule implements a
recommendation to establish free and
restricted percentages for the 2017–18
crop year under the marketing order for
cranberries grown in the production
area (Order). This action establishes the
proportion of cranberries from the
2017–18 crop which may be handled
and allows for the disposal of 2017–18
processed cranberry products. It also
establishes a minimum quantity
exemption and an exemption for
handlers with no carryover inventory,
exempts organically grown cranberries,
and defines outlets for restricted fruit.
This action adjusts supply to more
closely meet market demand, improves
grower and handler returns and reduces
inventory. This final rule also contains
formatting changes to subpart references
to bring the language into conformance
with the Office of the Federal Register
requirements.
DATES: Effective May 4, 2018.
FOR FURTHER INFORMATION CONTACT:
Doris Jamieson, Marketing Specialist, or
Christian D. Nissen, Regional Director,
Southeast Marketing Field Office,
Marketing Order and Agreement
Division, Specialty Crops Program,
AMS, USDA; Telephone: (863) 324–
3375, Fax: (863) 291–8614, or Email:
SUMMARY:
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
Doris.Jamieson@ams.usda.gov or
Christian.Nissen@ams.usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Richard Lower,
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:
Richard.Lower@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This final
rule, pursuant to 5 U.S.C. 553, amends
regulations issued to carry out a
marketing order as defined in 7 CFR
900.2(j). This final rule is issued under
Marketing Agreement and Order No.
929, as amended (7 CFR part 929),
regulating the handling of cranberries
grown in the States of Massachusetts,
Rhode Island, Connecticut, New Jersey,
Wisconsin, Michigan, Minnesota,
Oregon, Washington, and Long Island in
the State of New York. Part 929 (referred
to as 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
Cranberry Marketing Committee
(Committee) locally administers the
Order and is comprised of growers and
handlers of cranberries operating within
the production area, and a public
member.
The Department of Agriculture
(USDA) is issuing this rule in
conformance with Executive Orders
13563 and 13175. This action falls
within a category of regulatory actions
that the Office of Management and
Budget (OMB) exempted from Executive
Order 12866 review. Additionally,
because this rule does not meet the
definition of a significant regulatory
action it does not trigger the
requirements contained in Executive
Order 13771. See OMB’s Memorandum
titled ‘‘Interim Guidance Implementing
Section 2 of the Executive Order of
January 30, 2017 titled ‘Reducing
Regulation and Controlling Regulatory
Costs’ ’’ (February 2, 2017).
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. Order provisions provide that
the Committee may recommend and
implement, subject to USDA approval,
volume control regulation that would
decrease the available supply of
cranberries, whenever the Secretary
finds that ‘‘such regulation will tend to
effectuate the declared policy of the
Act.’’ Accordingly, this rule establishes
free and restricted percentages for
cranberries for the 2017–18 crop year,
beginning September 1, 2017, through
August 31, 2018.
E:\FR\FM\04APR1.SGM
04APR1
Agencies
[Federal Register Volume 83, Number 65 (Wednesday, April 4, 2018)]
[Rules and Regulations]
[Pages 14348-14350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06874]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 905
[Doc. No. AMS-SC-17-0064; SC17-905-2 FIR]
Oranges, Grapefruit, Tangerines, and Pummelos Grown in Florida;
Change in Size Requirements for Oranges
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Agriculture adopts as final without change,
an interim rule implementing a recommendation from the Citrus
Administrative Committee (Committee) to relax the minimum size
requirements currently prescribed under the Marketing Order for
oranges, grapefruit, tangerines, and pummelos grown in Florida (Order).
This final rule also continues in effect administrative revisions to
the subpart heading to bring the language into conformance with the
Office of Federal Register requirements.
DATES: Effective April 5, 2018.
[[Page 14349]]
FOR FURTHER INFORMATION CONTACT: Abigail Campos, Marketing Specialist,
or Christian D. Nissen, Regional Director, Southeast Marketing Field
Office, Marketing Order and Agreement Division, Specialty Crops
Program, AMS, USDA; Telephone: (863) 324-3375, Fax: (863) 291-8614, or
Email: [email protected] or [email protected].
Small businesses may request information on complying with this
regulation by contacting Richard Lower, 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: [email protected].
SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553,
amends regulations issued to carry out a marketing order as defined in
7 CFR 900.2(j). This rule is issued under Marketing Order No. 905, as
amended (7 CFR part 905), regulating the handling of oranges,
grapefruit, tangerines, and pummelos grown in Florida. Part 905
(referred to as 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 Committee locally
administers the Order and is comprised of growers and handlers
operating within the production area and one public member.
The Department of Agriculture (USDA) is issuing this rule in
conformance with Executive Orders 13563 and 13175. This rule falls
within a category of regulatory actions that the Office of Management
and Budget (OMB) exempted from Executive Order 12866 review.
Additionally, because this rule does not meet the definition of a
significant regulatory action, it does not trigger the requirements
contained in Executive Order 13771. See OMB's Memorandum titled
``Interim Guidance Implementing Section 2 of the Executive Order of
January 30, 2017, titled `Reducing Regulation and Controlling
Regulatory Costs'[thinsp]'' (February 2, 2017).
The handling of oranges, grapefruit, tangerines, and pummelos grown
in Florida is regulated by 7 CFR part 905. Prior to this change, the
minimum size requirement for oranges was 2\8/16\ inches. The reduction
in size requirement to 2\4/16\ inches in diameter was established to
meet both a market demand for small-sized oranges, as well as a general
market shortage of citrus. Losses of citrus production in Florida due
to citrus greening and damage caused by Hurricane Irma have resulted in
an overall market shortage of citrus fruit. Therefore, this rule
continues in effect the rule that relaxed the minimum size requirement
for oranges from 2\8/16\ inches to 2\4/16\ inches in diameter.
In an interim rule published in the Federal Register on November
16, 2017, and effective on November 17, 2017, (82 FR 53397, Doc. No.
AMS-SC-17-0064; SC17-905-2 IR), Sec. 905.306 was amended by changing
the minimum diameter for oranges from 2\8/16\ inches to 2\4/16\ inches
in diameter. The relaxation in the size requirements would allow more
oranges into the market and help maximize shipments.
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS)
has considered the economic impact of this action on small entities.
Accordingly, AMS has prepared this final regulatory flexibility
analysis.
The purpose of the RFA is to fit regulatory actions to the scale of
businesses subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. Marketing orders issued
pursuant to the Act, and the rules issued thereunder, are unique in
that they are brought about through group action of essentially small
entities acting on their own behalf.
There are approximately 20 handlers of Florida Citrus who are
subject to regulation under the Order and approximately 500 citrus
producers in the regulated area. Small agricultural service firms are
defined by the Small Business Administration (SBA) as those having
annual receipts of less than $7,500,000, and small agricultural
producers are defined as those having annual receipts of less than
$750,000 (13 CFR 121.201).
According to data from the National Agricultural Statistics Service
(NASS), the industry, and the Committee, the average f.o.b. price for
Florida oranges during the 2016-17 season was $31.90 per box, and total
fresh orange shipments were approximately 2.1 million boxes. Using the
average f.o.b. price and shipment data, the majority of Florida orange
handlers could be considered small businesses under SBA's definition
($31.90 times 2.1 million boxes equals $66.99 million divided by 20
handlers equals $3,349,500 per handler). In addition, based on the NASS
data, the average grower price for the 2016-2017 season was $17.51 per
box. Based on grower price, shipment data, and the total number of
Florida citrus growers, the average annual grower revenue is below
$750,000 ($17.51 times 2.1 million boxes equals $36,771,000 divided by
500 growers equals $73,542 per grower). Thus, the majority of handlers
and producers of oranges may be classified as small entities.
This rule continues in effect the interim rule that relaxed the
minimum size requirements for oranges covered under the Order from 2\8/
16\ inches to 2\4/16\ inches in diameter. This change is expected to
maximize shipments by allowing more oranges to be shipped to the fresh
market and will help reduce the losses sustained by the orange industry
as a result of citrus greening and the September 2017 hurricane in
Florida. This rule amends the provisions of Sec. 905.306. Authority
for this change is provided in Sec. 905.52 of the Order.
This action is not expected to increase costs associated with the
Order requirements. Rather, this action will have a beneficial impact.
Reducing the size requirements makes additional fruit available for
shipment to the fresh market, provides an outlet for fruit that may
otherwise go unharvested, and affords more opportunity to meet consumer
demand. This change provides additional fruit to fill the shortage
cause by citrus greening and by Hurricane Irma. Further, by maximizing
shipments, this action will help provide additional returns to growers
and handlers as they work to recover from the losses stemming from the
hurricane.
This action may also help reduce harvesting costs. By reducing the
minimum size, more fruit can be harvested immediately. This may
eliminate the need to leave fruit on the tree to increase in size,
which requires follow-up picking later in the season. Given the amount
of fruit loss, this could help reduce picking costs substantially. The
benefits of this rule are expected to be equally available to all fresh
orange 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 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 orange handlers. As with all
Federal marketing order programs, reports and forms are periodically
reviewed to
[[Page 14350]]
reduce information requirements and duplication by industry and public
sector agencies. USDA has not identified any relevant Federal rules
that duplicate, overlap or conflict with this rule.
Further, the Committee's meetings were 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 June 29, 2017, and September 28, 2017, meetings
were public meetings 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 January 16, 2018. Four comments were received during the comment
period in response to the proposal. The commenters included three in
favor and one raising concerns not applicable to the interim rule.
The three commenters in support of the interim rule indicated
relaxing the minimum size requirement for domestic shipments from 2\8/
16\ inches to 2\4/16\ inches in diameter would maximize shipments and
reduce the financial burden on industry and consumers. In addition,
they stated the reduction in size would mitigate the impact on
consumers by allowing more inventory to enter the market.
Two commenters mentioned that Florida citrus growers face a
financial burden due to decreases in production. One commenter noted
that there has been a constant decline in production. Another commenter
noted that Hurricane Irma resulted in nearly $760 million in damages to
the citrus industry and that growers have reported as high as 70
percent crop loss.
Accordingly, no changes will be made to the interim rule based on
the comments received.
To view the interim rule, go to: https://www.regulations.gov/document?D=AMS-SC-17-0064-0001.
This action also affirms information contained in the interim rule
concerning Executive Orders 12866, 12988, 13175, 13563, and 13771; the
Paperwork Reduction Act (44 U.S.C. Chapter 35); and the E-Gov Act (44
U.S.C. 101).
After consideration of all relevant material presented, it is found
that finalizing the interim rule, without change, as published in the
Federal Register (82 FR 53397, November, 16, 2017) will tend to
effectuate the declared policy of the Act.
List of Subjects in 7 CFR Part 905
Grapefruit, Marketing agreements, Oranges, Pummelos, Reporting and
recordkeeping requirements, Tangerines.
PART 905--ORANGES, GRAPEFRUIT, TANGERINES, AND PUMMELOS GROWN IN
FLORIDA
Accordingly, the interim rule that amended 7 CFR part 905, which
was published at 82 FR 53399 on November 16, 2017, is adopted as final,
without change.
Dated: March 30, 2018.
Bruce Summers,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2018-06874 Filed 4-3-18; 8:45 am]
BILLING CODE 3410-02-P