[Federal Register: August 6, 2003 (Volume 68, Number 151)]
[Rules and Regulations]
[Page 46433-46434]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06au03-1]
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Rules and Regulations
Federal Register
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[[Page 46433]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 51
[Docket Number FV-00-304]
Grapefruit and Oranges (Texas and States Other Than Florida,
California and Arizona); Grade Standards
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: The Agricultural Marketing Service (AMS) is adopting as a
final rule, without change, an interim final rule regarding the United
States Standards for Grades of Grapefruit (Texas and States other than
Florida, California and Arizona) and the United States Standards for
Grades of Oranges (Texas and States other than Florida, California and
Arizona). These standards are issued under the Agricultural Marketing
Act of 1946.
EFFECTIVE DATE: September 5, 2003.
FOR FURTHER INFORMATION CONTACT: David Priester, Standardization
Section, Fresh Products Branch, Fruit and Vegetable Programs,
Agricultural Marketing Service, U.S. Department of Agriculture, 1400
Independence Avenue, SW, Room 2065 South Building, STOP 0240,
Washington, DC 20250-0240; Fax (202) 720-8871.
SUPPLEMENTARY INFORMATION:
Background
AMS received a request to revise the U.S. Standards for Grades of
Grapefruit (Texas and States other than Florida, California and
Arizona), and the United States Standards for Grades of Oranges (Texas
and States other than Florida, California and Arizona) from members of
the Texas fruit and vegetable industry. Members of the Texas industry
requested that these standards be revised to reflect current cultural
and marketing practices and give industry greater flexibility in
marketing and packaging using developing technologies. The major
changes requested revised the standard pack sections of the grapefruit
and orange standards, and the standard sizing section of the orange
standard by redefining the requirements in each section.
AMS issued an interim final rule with request for comments on
September 24, 2001 (66 FR 48785). A comment period of 60 days was
provided for interested persons to respond. The comment period ended on
November 23, 2001, and no comments were received.
Executive Order 12988 and 12866
The Office of Management and Budget has waived the review process
required by Executive Order 12866 for this action. This rule has been
reviewed under Executive Order 12988, Civil Justice Reform. This action
is not intended to have retroactive effect. This final rule will not
preempt any State or local laws, regulations, or policies, unless they
present an irreconcilable conflict with this rule. There are no
administrative procedures which must be exhausted prior to any judicial
challenge to the provisions of the rule.
Regulatory Flexibility Act
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA), AMS has considered the economic impact of this action on
small entities. 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.
Accordingly, AMS has prepared this initial regulatory flexibility
analysis. Interested parties are invited to submit information on the
regulatory and informational impacts of this action on small entities.
There are approximately 315 producers of grapefruit and oranges in
the production area and 16 handlers who would be affected by this
amendment. Starting August 6, 2001, small agricultural producers have
been defined by the Small Business Administration (SBA) (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. Under this definition, the majority of
grapefruit and orange producers and handlers using the grade standards
in this regulation may be classified as small entities.
Using an average f.o.b. price of $8.00 per carton, 11 handlers (69
percent) could be considered small businesses. Of the approximately 315
producers within the production area, few have sufficient acreage to
generate sales in excess of $750,000; therefore, a majority of
producers of oranges and grapefruit who will be affected by this rule
may be classified as small entities.
The main purpose of the changes was to bring the standards into
conformity with current packaging and marketing practices and
technologies. This rule specifically revises the standard pack sections
of the grapefruit and orange standards and the standard size section of
the orange standard by redefining the requirements. This rule will not
impose substantial direct economic cost, recordkeeping, or personnel
workload changes on small entities, and will not alter the market share
or competitive position of these entities relative to large businesses.
In addition, under the Agricultural Marketing Act of 1946, the use of
these standards is voluntary.
The alternative option to this rule would be to leave the standards
unchanged. This is not a viable alternative because amendments reflect
current industry practices and are consistent with the regulations
under the Oranges and Grapefruit Grown in Lower Rio Grande Valley in
Texas Marketing Order (7 CFR Part 906).
This rule contains no new information or recordkeeping requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seg.). The
Department has not identified any relevant Federal rules that
duplicate, overlap, or conflict with this rule.
List of Subjects in 7 CFR Part 51
Agricultural commodities, Food grades and standards, Fruits, Nuts,
Reporting and recordkeeping requirements, Trees, Vegetables.
PART 51--[AMENDED]
0
According, the interim final rule amending CFR part 51 which was
published at 66 FR 48785 on September 24, 2001, is adopted as a final
rule without change.
[[Page 46434]]
Dated: July 31, 2003.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 03-19970 Filed 8-5-03; 8:45 am]
BILLING CODE 3410-02-P