[Federal Register Volume 67, Number 212 (Friday, November 1, 2002)]
[Rules and Regulations]
[Pages 66527-66529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27764]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 67, No. 212 / Friday, November 1, 2002 /
Rules and Regulations
[[Page 66527]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 905
[Docket No. FV02-905-3 FIR]
Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida;
Removing Dancy and Robinson Tangerine Varieties From the Rules and
Regulations
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: The Department of Agriculture (USDA) is adopting, as a final
rule, without change, an interim final rule that removed the Dancy and
Robinson varieties of tangerines from the regulated varieties of
Florida citrus prescribed under the marketing order covering oranges,
grapefruit, tangerines, and tangelos grown in Florida (order). The
order is administered locally by the Citrus Administrative Committee
(committee). This rule also continues in effect the removal of a
section of the rules and regulations dealing with handling procedures
for Dancy and Robinson tangerines. Production of these varieties has
declined and is expected to continue to decline. Removing these
varieties will not have a significant impact on the tangerine market.
EFFECTIVE DATE: December 2, 2002.
FOR FURTHER INFORMATION CONTACT: William G. Pimental, Southeast
Marketing Field Office, Marketing Order Administration Branch, Fruit
and Vegetable Programs, AMS, USDA, 799 Overlook Drive, Suite A, Winter
Haven, Florida 33884-1671; telephone: (863) 324-3375, Fax: (863) 325-
8793; or George Kelhart, Technical Advisor, Marketing Order
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400
Independence Avenue SW., STOP 0237, Washington, DC 20250-0237;
telephone: (202) 720-2491, Fax: (202) 720-8938.
Small businesses may request information on complying with this
regulation by contacting Jay Guerber, Marketing Order Administration
Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence
Avenue SW., STOP 0237, Washington, DC 20250-0237; telephone: (202) 720-
2491, Fax: (202) 720-8938, or E-mail: [email protected].
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing
Agreement No. 84 and Marketing Order No. 905, both as amended (7 CFR
part 905), regulating the handling of oranges, grapefruit, tangerines,
and tangelos grown in Florida, hereinafter referred to as the
``order.'' The order is effective under the Agricultural Marketing
Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter
referred to as the ``Act.''
USDA is issuing this rule in conformance with Executive Order
12866.
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule is not intended to have retroactive effect.
This rule will not preempt any State or local laws, regulations, or
policies, unless they present an irreconcilable conflict with this
rule.
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.
The order provides for the establishment of grade and size
requirements for Florida citrus, with the concurrence of USDA. These
grade and size requirements are designed to provide fresh markets with
citrus fruit of acceptable quality and size. This helps create buyer
confidence and contributes to stable marketing conditions. This is in
the interest of growers, handlers, and consumers, and is designed to
increase returns to Florida citrus growers.
This rule continues in effect the removal of Dancy and Robinson
tangerines from the regulated varieties of Florida citrus fruit
prescribed under the marketing order covering oranges, grapefruit,
tangerines, and tangelos grown in Florida. Production of these
varieties has declined, and it is expected that production will
continue to decline. Removing these varieties from the minimum grade
and size requirements will not have a significant impact on the overall
quality of tangerines. This action was unanimously recommended by the
committee at its meeting on May 22, 2002.
Section 905.52 of the order, in part, authorizes the committee to
recommend minimum grade and size regulations to USDA. Section 905.306
of the order's rules and regulations specifies the regulation period
and the minimum grade and size requirements for different varieties of
fresh Florida citrus. Such requirements for domestic shipments are
specified in Sec. 905.306 in Table I of paragraph (a), and for export
shipments in Table II of paragraph (b).
This rule continues to modify Sec. 905.306 by deleting Dancy
tangerines and Robinson tangerines from the list of entries in Table I
of paragraph (a), and in Table II of paragraph (b). In its
deliberations, the committee realized that Dancy tangerines and
Robinson tangerines no longer significantly impact the citrus market.
During the 2001-02 season, total shipments of Dancy tangerines were
12,798 cartons. Florida Department of Agriculture statistics show that
in 2000-01, 23,000 cartons were shipped. This is down from 94,000
cartons shipped during the 1997-98 season. During 2001-02, only 124,249
cartons of Robinson tangerines were shipped. Florida Department of
Agriculture statistics show that in 2000-01, 165,000 cartons were
shipped. This is down from 262,000 cartons shipped in 1997-98.
Production of these varieties has declined as newer varieties
[[Page 66528]]
have been developed and planted. The decline is expected to continue.
Shipments of these varieties represented less than 3 percent of fresh
shipments of early tangerines during the 2001-02 season. Consequently,
the committee believes that the current market share and shipment
levels justify removal of minimum grade and size requirements for these
varieties.
Section 905.152 sets forth procedures for determining handlers'
permitted quantities of Dancy and Robinson tangerine varieties when a
portion of the 210 size of these varieties was restricted. Because
Dancy and Robinson tangerines no longer have to meet size requirements,
Sec. 905.152 is unnecessary and the removal of this section is
continued.
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA), 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. Thus, both statutes have small
entity orientation and compatibility.
There are approximately 11,000 producers of Florida citrus in the
production area and approximately 75 tangerine handlers subject to
regulation under the marketing order. Small agricultural producers are
defined by the Small Business Administration (13 CFR 121.201) as those
having annual receipts less than $750,000, and small agricultural
service firms are defined as those whose annual receipts are less than
$5,000,000.
Based on industry and committee data, the average annual F.O.B.
price for fresh early Florida tangerines during the 2000-01 season was
around $10.00 per \4/5\-bushel carton, and total fresh shipments of
early tangerines for the 2001-02 season were approximately 5.2 million
cartons.
Approximately 20 percent of all handlers handled 77 percent of
Florida tangerine shipments. Using tangerine shipments and the average
F.O.B. prices, it can be determined that the majority of Florida
tangerine handlers could be considered small businesses under SBA's
definition. In addition, the majority of Florida citrus growers may be
classified as small entities.
This rule continues in effect the removal of Dancy and Robinson
tangerines from the varieties of citrus regulated under the order.
These varieties are no longer required to meet the minimum grade and
size requirements. Production of these varieties has declined and it is
expected that production will continue to decline. Removing these
varieties from the list of regulated varieties will not have a
significant impact on the tangerine market.
Section 905.52 of the order, in part, authorizes the committee to
recommend minimum grade and size regulations to the USDA. Section
905.306 of the order's rules and regulations specifies the regulation
period and the minimum grade and size requirements for different
varieties of fresh Florida citrus. This rule continues in effect
modifications to Sec. 905.306 of the rules and regulations concerning
covered varieties and minimum grade and size requirements,
respectively. This rule also continues to remove Sec. 905.152.
This rule is expected to have a positive impact on affected
entities because these varieties are being removed from the handling
requirements. Because this rule continues to relax the handling
requirements by removing two varieties from the list of varieties
regulated, handlers will be able to market these varieties free from
the order's requirements. There are no additional costs imposed on
growers and handlers with this rule.
Only a total of approximately 137,000 cartons of these tangerines
were shipped during the 2001-02 season. Florida Department of
Agriculture statistics show that in 2000-01, a total of 188,000 cartons
of these varieties were shipped. This is down from a total of 356,000
cartons of Dancy and Robinson tangerines shipped during the 1997-98
season. Shipments of these varieties accounted for less than 3 percent
of the overall 5.2 million cartons of early Florida tangerines shipped
during the 2001-02 season. Production of these varieties has declined
as newer varieties have been developed and planted. The decline in
production of these varieties is expected to continue. Most producers
have already discontinued growing these varieties and handlers find it
easier to sell the newer varieties that have been developed. The
benefits derived from this change are expected to benefit both large
and small entities equally.
One alternative discussed was to make no change to the order's
handling regulations. The committee saw this alternative as being of no
benefit to the industry because of the declining production and minimal
market share of these varieties. The committee believes these varieties
have no significant impact on the tangerine market and agreed that
action should be taken to remove these varieties from the handling
regulations, so this alternative was rejected.
Another alternative was to also remove the Ambersweet variety from
the regulations. However, the committee determined that annual
shipments of this variety are at a level that impacts the market and,
therefore, this alternative was rejected.
This rule will not impose any additional reporting or recordkeeping
requirements on either small or large Florida tangerine 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, as
noted in the initial regulatory flexibility analysis, 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 citrus industry and all interested persons were invited to attend
the meeting and participate in the committee's deliberations. Like all
committee meetings, the May 22, 2002, meeting was a public meeting and
all entities, both large and small, were able to express their views on
this issue.
An interim final rule concerning this action was published in the
Federal Register on July 23, 2002. Copies of the rule were mailed or
sent via facsimile to all Committee members and handlers. In addition,
the rule was made available through the Internet by the Office of the
Federal Register and USDA. That rule provided for a 60-day comment
period which ended September 23, 2002. No comments were received.
A small business guide on complying with fruit, vegetable, and
specialty crop marketing agreements and orders may be viewed at: http://www.ams.usda.gov/fv/moab.html. Any questions about the compliance
guide should be sent to Jay Guerber at the previously mentioned address
in the FOR FURTHER INFORMATION CONTACT section.
After consideration of all relevant material presented, including
the committee's recommendation, and other information, it is found that
finalizing the interim final rule, without change, as published in the
Federal Register (67
[[Page 66529]]
FR 48015, July 23, 2002) will tend to effectuate the declared policy of
the Act.
List of Subjects in 7 CFR Part 905
Grapefruit, Marketing agreements, Oranges, Reporting and
recordkeeping requirements, Tangelos, Tangerines.
PART 905--ORANGES, GRAPEFRUIT, TANGERINES, AND TANGELOS GROWN IN
FLORIDA
Accordingly, the interim final rule amending 7 CFR part 905 which
was published at 67 FR 48015 on July 23, 2002, is adopted as a final
rule without change.
Dated: October 28, 2002.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 02-27764 Filed 10-31-02; 8:45 am]
BILLING CODE 3410-02-P