[Federal Register: August 31, 2005 (Volume 70, Number 168)]
[Rules and Regulations]
[Page 51574-51578]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31au05-2]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 906
[Docket No. FV05-906-1 IFR]
Oranges and Grapefruit Grown in Lower Rio Grande Valley in Texas;
Changes to Container and Pack Requirements
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule with request for comments.
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SUMMARY: This rule revises the container and pack requirements
currently prescribed under the marketing order (order) covering oranges
and grapefruit grown in the Lower Rio Grande Valley in Texas. The order
regulates the handling of such fruit and is administered locally by the
Texas Valley Citrus Committee (Committee). This rule revises the orange
and grapefruit rules and regulations and container requirements by
adding eight new containers to the list of authorized containers for
use by Texas citrus handlers, removing one obsolete container, and by
combining all the requirements on authorized bags into one grouping for
easier reference. Other changes would revise incorrect references to
the U.S. grade standards for oranges and grapefruit grown in Texas.
These changes are expected to help handlers compete more effectively in
the marketplace, better meet the needs of buyers, and to improve
producer returns.
DATES: Effective September 1, 2005; comments received by October 31,
2005 will be considered prior to issuance of a final rule.
ADDRESSES: Interested persons are invited to submit written comments
concerning this rule. Comments must be sent to the Docket Clerk,
Marketing Order Administration Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC
20250-0237; Fax: (202) 720-8938; E-mail: moab.docketclerk@usda.gov; or
Internet: http://www.regulations.gov. All comments should reference the
docket number and the date and page number of this issue of the Federal
Register and will be made available for public inspection in the Office
of the Docket Clerk during regular business hours, or can be viewed at:
http://www.ams.usda.gov/fv/moab.html.
FOR FURTHER INFORMATION CONTACT: Belinda G. Garza, Regional Manager,
Texas Marketing Field Office, Marketing Order Administration Branch,
Fruit and Vegetable Programs, AMS, USDA; Telephone: (956) 682-2833,
Fax: (956) 682-5942; 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: Jay.Guerber@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
marketing agreement and order are 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 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.
This rule revises container and pack requirements currently
prescribed under the Texas orange and grapefruit order and makes
several conforming and formatting changes. The rule revises the rules
and regulations and container requirements by adding eight new
containers to the list of authorized containers for use by Texas citrus
handlers, removing one obsolete container, combining all of the
requirements on authorized bags into one grouping for easier reference.
Other changes include revising incorrect references to the U.S. grade
standards for oranges and grapefruit grown in Texas and States other
than Florida, California, and Arizona (7 CFR 51.680 through 51.714 for
oranges, and 7 CFR 51.620 through 51.653 for grapefruit). See 68 FR
46433, August 6, 2003; and 66 FR 48785, September 24, 2001, for
information on changes in the grade standards that necessitate changes
to the Texas citrus handling regulations.
[[Page 51575]]
These changes are expected to help handlers compete more
effectively in the marketplace, better meet the needs of buyers, and to
improve producer returns by lessening the chances of confusion in the
marketplace. In addition, this rule is needed to bring the
administrative rules and regulations into conformance with amendments
to the U.S. grade standards. These changes were unanimously recommended
by the Committee on May 26, 2005.
The Committee's Container Subcommittee met on May 26, 2005, and
discussed in detail possible changes to the order's container
requirements. The Subcommittee recommended and the Committee
unanimously approved the following changes to the orange and grapefruit
container requirements and conforming changes to the rules and
regulations to bring them into conformity with current industry
marketing practices:
(1) The addition of eight new containers to the list of approved
containers for use by Texas citrus handlers;
(2) Elimination of one obsolete wire crib from the container list,
combining five approved bags currently listed separately into one
paragraph for easier reference, and removal of some obsolete language
in one container listing;
(3) Removal of references no longer needed in the Texas citrus
regulations because of changes made to the U.S. grade standards for
Texas oranges and grapefruit; and
(4) Correction of references to legal citations in the regulations.
Under the terms of the order, fresh market shipments of oranges and
grapefruit grown in the Lower Rio Grande Valley in Texas are required
to be inspected and meet grade, size, container, and pack requirements.
Section 906.40 of the citrus marketing order authorizes the issuance of
container and pack regulations. Section 906.340(a)(1) of the order's
rules and regulations outlines container requirements for fresh
shipments of Texas oranges and grapefruit. Container standardization
helps prevent marketing confusion and helps foster orderly marketing.
Section 906.340 of the rules and regulations currently specifies 12
containers authorized for use by Texas citrus handlers in paragraphs
(a)(1)(i) through (xi). Paragraph (a)(1)(xi) of Sec. 906.340 also
authorizes the Committee to approve other types of containers for
testing purposes. Such test containers are subject to prior approval
and their use by handlers is supervised by the Committee.
Over the years, the Committee has approved experimental containers
for use by the Texas citrus industry. The need for experimental
containers is reviewed by the Committee at the beginning of each
season. Because buyers, including retailers, have continued to request
an increasing array of containers to meet their various display
objectives, the number of Committee approved experimental containers
has increased to 11.
The Committee recently reviewed its experimental container list and
decided to convert those being used by handlers to permanent status and
to eliminate those that are no longer in use to lessen the chances of
confusion and to reflect current industry practices. The Committee,
therefore, recommended converting to permanent status 8 experimental
containers which are now widely used by the Texas citrus industry. The
following containers are being added from the experimental to the
permanent container list:
(1) A fiberboard box holding two layers of fruit, with approximate
dimensions of 23 inches in length, 15\1/2\ inches in width, and 7
inches in depth;
(2) A fiberboard box with approximate dimensions of 15 inches in
length, 11 inches in width, and 7\1/4\ inches in depth;
(3) A fiberboard box with approximate dimensions of 25\3/4\ inches
in length, 15 inches in width, and 8\3/8\ to 10\1/2\ inches in depth;
(4) A reusable collapsible plastic container with approximate
dimensions of 23 inches in length, 15 inches in width, and 7 to 11
inches in depth;
(5) A reusable collapsible plastic container with approximate
dimensions of 14\1/4\ x 10\3/4\ x 6\3/4\ inches;
(6) A reusable collapsible plastic bin with approximate dimensions
of 36\3/4\ x 44\3/4\ x 27 inches;
(7) An octagonal bulk triple wall fiberboard crib with approximate
dimensions of 37\3/4\ inches in length, 25 inches in width, and 25
inches in height: Provided, That the container has a Mullen or Cady
test of at least 1,100 pounds: And Provided further, That the container
may be used to pack any poly or mesh bags authorized in this section,
or bulk fruit; and
(8) A closed fiberboard carton with approximate dimensions of 16\1/
2\ inches in length, 10\3/4\ inches in width, and 6\15/16\ inches in
height: Provided, That the container has a Mullen or Cady test of at
least 200 pounds.
Retail buyers are highly competitive and experiment frequently with
various in-store displays utilizing many container shapes and sizes.
This on-going experimentation is influenced by European container
development, consumer preferences, evolving handling/racking systems,
and other variables. These forces have combined to demand an ever-
increasing number of containers on the experimental list. The intent of
this action is to reduce the experimental container list to those which
truly are still experimental. The Committee believes that the permanent
container list should include all the containers that the Texas citrus
industry is now using. Adding the widely used containers to the
permanent list and eliminating the unused containers will bring the
requirements into conformity with current industry operating practices.
This change does not preclude additional containers being put on the
experimental list, when necessary.
The Committee also recommended eliminating one wire crib on the
permanent list with dimensions of 46\1/2\ by 37 by 30 inches, which is
no longer being used by the industry. In addition, the Committee
recommended combining five separate bag requirements into one paragraph
to allow for easier reference. Currently, paragraph (a)(1) of Sec.
906.340 lists bags with a capacity of five, eight, ten, or 18 pounds of
fruit, and four-pound poly or vexar bags for oranges only, in
paragraphs (iv), (v), (x), and (xi). This action combines all the bag
requirements into one paragraph so all of the authorized bags can be
more easily identified. In addition, the Committee indicated that a
reference to Freight Container Tariff 2G currently in Sec.
906.340(a)(1)(ii) is obsolete and recommended that it be removed.
The U.S. grade standards for Texas oranges and grapefruit were
revised in 2003 to reflect current cultural and marketing practices and
give the industry greater flexibility in marketing and packaging using
developing technologies. The major changes 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. To bring the order regulations into conformity with the
revised grade standards, in paragraphs (c)(3)(iii) and (e) of Sec.
906.120, the words ``which are packed level full,'' and ``the term
level full means that the fruit is level with the top edge of the
bottom section of the carton;'', respectively, are removed. In
addition, in the introductory text of paragraph (a)(2)(i)(A) of Sec.
906.340, the comma after ``and'' and the words ``when place packed in
cartons or other containers,'' are removed. Also, in the introductory
text of paragraph (a)(2)(ii)(A) of
[[Page 51576]]
Sec. 906.340, the words ``when place packed in cartons or other
containers'' and ``and otherwise meet the requirements of standard
sizing'', when referring to grapefruit only, are removed.
Furthermore, this rule revises several references to the U.S.
standards for grapefruit and oranges for Texas and States other than
Florida, California, and Arizona in paragraph (b) of Sec. 906.137 in
the regulations to correctly identify applicable sections of the U.S.
grade standards. A reference to ``51.685'' of the U.S. grade standards
for grapefruit is incorrect and is revised to ``51.653'' to accurately
reflect sections of the grapefruit standard. Also, an incorrect
reference to ``51.712'' of the U.S. grade standards for oranges is
revised to ``51.714''. In addition, a reference to ``51.652'' in
paragraph (c) of Sec. 906.340 is revised to ``51.653''.
Initial 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 initial 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 18 handlers of oranges and grapefruit who
are subject to regulation under the order and approximately 212
producers in the production area. Small agricultural service firms are
defined by the Small Business Administration (SBA) (13 CFR 121.201) as
those having annual receipts of less than $6,000,000, and small
agricultural producers are defined as those having annual receipts of
less than $750,000. The majority of Texas orange and grapefruit
handlers and producers may be classified as small entities.
Last year, 6 of the 18 handlers (33 percent) each shipped over
545,951 7/10 bushel cartons of oranges and grapefruit. Using an average
f.o.b. price of $10.99 per carton, these handlers could be considered
large businesses by the SBA, and the remaining 12 handlers (67 percent)
could be considered small businesses. Of the approximately 212
producers within the production area, few have sufficient acreage to
generate sales in excess of $750,000; therefore, a majority of
producers of Texas oranges and grapefruit may be classified as small
entities.
This rule revises container and pack requirements currently
prescribed under the Texas orange and grapefruit order and makes
several conforming and formatting changes. The rule revises the rules
and regulations and container requirements by adding eight new
containers to the list of authorized containers for use by Texas citrus
handlers, removing one obsolete container, combining all of the
requirements on authorized bags into one grouping for easier reference.
Other changes include revising incorrect references to the U.S. grade
standards for oranges and grapefruit grown in Texas and States other
than Florida, California, and Arizona (7 CFR 51.680 through 51.714 for
oranges, and 7 CFR 51.620 through 51.653 for grapefruit). See 68 FR
46433, August 6, 2003; and 66 FR 48785, September 24, 2001, for
information on changes to the grade standards that necessitate changes
in the Texas citrus handling regulations.
These changes are expected to help handlers compete more
effectively in the marketplace, better meet the needs of buyers, and to
improve producer returns by lessening the chances of confusion in the
marketplace. In addition, this rule is needed to bring the order's
rules and regulations into conformance with amendments to the U.S.
grade standards. These changes were unanimously recommended by the
Committee on May 26, 2005.
The Committee's Container Subcommittee met on May 26, 2005, and
discussed in detail possible changes to the order's container
requirements. The Subcommittee recommended and the Committee
unanimously approved the following changes to the orange and grapefruit
container requirements and conforming changes to the rules and
regulations to bring them into conformity with current industry
marketing practices: (1) The addition of eight new containers to the
list of approved containers for use by Texas citrus handlers; (2)
Elimination of one obsolete wire crib from the container list,
combining the requirements of five approved bags currently listed
separately into one paragraph for easier reference, and removing
obsolete language in one container listing; (3) Removing references no
longer needed in the Texas citrus regulations because of changes made
to the U.S. grade standards for Texas oranges and grapefruit; and (4)
Correcting references to legal citations in the regulations.
Under the terms of the order, fresh market shipments of oranges and
grapefruit grown in the Lower Rio Grande Valley in Texas are required
to be inspected and meet grade, size, container, and pack requirements.
Section 906.40 of the citrus marketing order authorizes the issuance of
container and pack regulations. Section 906.340(a)(1) of the order's
rules and regulations outlines container requirements for fresh
shipments of Texas oranges and grapefruit. Container standardization
helps prevent marketing confusion.
Section 906.340 of the rules and regulations currently specifies 12
containers authorized for use by Texas citrus handlers in paragraphs
(a)(1)(i) through (xi). Paragraph (a)(1)(xi) of Sec. 906.340 also
authorizes the Committee to approve other types of containers for
testing purposes. Such test containers are subject to prior approval
and under the supervision of the Committee.
Over the years, the Committee has approved experimental containers
for use by the Texas citrus industry. The need for experimental
containers is reviewed by the Committee at the beginning of each
season. Because buyers, including retailers, have continued to request
an increasing array of containers to meet their various display
objectives, the number of Committee approved experimental containers
has increased to 11.
The Committee recently reviewed its experimental container list and
decided to convert those being used by handlers to permanent status and
to eliminate those that are no longer in use to lessen the chances of
confusion and to reflect current industry practices. The Committee,
therefore, recommended converting to permanent status 8 experimental
containers which are now widely used by the Texas citrus industry. The
following containers are being added from the experimental container
list to the permanent container list:
(1) A fiberboard box holding two layers of fruit, with approximate
dimensions of 23 inches in length, 15\1/2\ inches in width, and 7
inches in depth;
(2) A fiberboard box with approximate dimensions of 15 inches in
length, 11 inches in width, and 7\1/4\ inches in depth;
(3) A fiberboard box with approximate dimensions of 25\3/4\ inches
in length, 15 inches in width, and 8\3/8\ to 10\1/2\ inches in depth;
(4) A reusable collapsible plastic container with approximate
dimensions of 23 inches in length, 15 inches in width, and 7 to 11
inches in depth;
[[Page 51577]]
(5) a reusable collapsible plastic container with approximate
dimensions of 14\1/4\ x 10\3/4\ x 6\3/4\ inches;
(6) A reusable collapsible plastic bin with approximate dimensions
of 36\3/4\ x 44\3/4\ x 27 inches;
(7) An octagonal bulk triple wall fiberboard crib with approximate
dimensions of 37\3/4\ inches in length, 25 inches in width, and 25
inches in height: Provided, That the container has a Mullen or Cady
test of at least 1,100 pounds: And Provided further, That the container
may be used to pack any poly or mesh bags authorized in this section,
or bulk fruit; and
(8) A closed fiberboard carton with approximate dimensions of 16\1/
2\ inches in length, 10\3/4\ inches in width, and 6\15/16\ inches in
height: Provided, That the container has a Mullen or Cady test of at
least 200 pounds.
Retail buyers are highly competitive and experiment frequently with
various in-store displays utilizing many container shapes and sizes.
This on-going experimentation is influenced by European container
development, consumer preferences, evolving handling/racking systems,
and other variables. These forces have combined to demand an ever-
increasing number of containers on the experimental list. The intent of
this action is to reduce the experimental container list to those which
truly are still experimental. The Committee believes that the permanent
container list should include all the containers the Texas citrus
industry is now using. Moving the widely used containers from the
experimental list to the permanent list and eliminating unused
containers will bring the container requirements into conformity with
industry operating practices. This change does not preclude additional
containers being put on the experimental list, when necessary.
The Committee also recommended eliminating one wire crib on the
permanent list with dimensions of 46\1/2\ by 37 by 30 inches, which is
no longer being used by the industry. In addition, the Committee
recommended combining five separate bag requirements into one paragraph
to allow for easier reference. Currently, paragraph (a)(1) of Sec.
906.340 lists bags with a capacity of five, eight, ten, or 18 pounds of
fruit, and four-pound poly or vexar bags for oranges only, in
paragraphs (iv), (v), (x), and (xi). This rule combines all the bag
requirements into one paragraph so all authorized bags can be more
easily identified. In addition, the Committee indicated that a
reference to Freight Container Tariff 2G currently in Sec.
906.340(a)(1)(ii), is obsolete and recommended that it be removed.
The U.S. grade standards for Texas oranges and grapefruit were
revised in 2003 to reflect current cultural and marketing practices and
give the industry greater flexibility in marketing and packaging using
developing technologies. The major changes 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. To bring the order regulations into conformity with the
revised grade standards, in paragraphs (c)(3)(iii) and (e) of Sec.
906.120, the words ``which are packed level full,'' and ``the term
level full means that the fruit is level with the top edge of the
bottom section of the carton;'', respectively, are removed. In
addition, in the introductory text of paragraph (a)(2)(i)(A) of Sec.
906.340, the comma after ``and'' and the words ``when place packed in
cartons or other containers,'' are removed. Also, in the introductory
text of paragraph (a)(2)(ii)(A) of Sec. 906.340, the words ``when
place packed in cartons or other containers'' and ``and otherwise meet
the requirements of standard sizing'', when referring to grapefruit
only, are removed.
Furthermore, this rule revises several references to the U.S.
standards for grapefruit and oranges for Texas and States other than
Florida, California, and Arizona in paragraph (b) of Sec. 906.137 in
the regulations to correctly identify applicable sections of the U.S.
grade standards. A reference to ``51.685'' of the U.S. grade standards
for grapefruit is incorrect and is revised to ``51.653'' to accurately
reflect sections of the grapefruit standard. Also, an incorrect
reference to ``51.712'' of the U.S. grade standards for oranges is
revised to ``51.714''. In addition, a reference to ``51.652'' in
paragraph (c) of Sec. 906.340 is revised to ``51.653''.
The benefits of these changes are expected to be equally available
to all Texas citrus producers and handlers regardless of their size of
operation. The recommended changes offer benefits to the entire Texas
citrus industry. These changes will enable handlers to compete more
effectively in the marketplace by lessening the chances of marketing
confusion. These changes also will contribute to the industry's long-
term objective of marketing as much citrus as possible.
These regulation changes are expected to lead to market expansion.
The alternative of leaving the regulations unchanged would not bring
the regulations into conformity with industry operating practices.
Accordingly, in assessing alternatives to the changes provided in this
interim final rule, this action provides the most beneficial results.
This rule will not impose any additional reporting or recordkeeping
requirements on either small or large Texas orange and grapefruit
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 orange and grapefruit industry and all interested persons
were invited to attend the meeting and participate in Committee
deliberations. Like all Committee meetings, the May 26, 2005, meeting
was a public meeting and all entities, both large and small, were able
to express their views on this issue.
Also, the Committee has a number of appointed subcommittees to
review certain issues and make recommendations to the Committee. The
Committee's Container Subcommittee met on May 26, 2005, and discussed
this issue in detail. That meeting was also a public meeting and both
large and small entities were able to participate and express their
views. Finally, interested persons are invited to submit information on
the regulatory and informational impacts of this action on small
businesses.
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.
This rule invites comments on changes to the rules and regulations
and container requirements currently prescribed under the Texas citrus
marketing order. Any comments received will be considered prior to
finalization of this rule.
After consideration of all relevant material presented, including
the Committee's recommendation, and other information, it is found that
this interim final rule, as hereinafter set forth, will tend to
effectuate the declared policy of the Act.
Pursuant to 5 U.S.C. 553, it is also found and determined upon good
cause that it is impracticable, unnecessary,
[[Page 51578]]
and contrary to the public interest to give preliminary notice prior to
putting this rule into effect and that good cause exists for not
postponing the effective date of this rule until 30 days after
publication in the Federal Register because: (1) This rule relaxes
container requirements for oranges and grapefruit; (2) the regulatory
period begins September 1 and this action should be in effect promptly
so handlers can plan accordingly; (3) the Committee unanimously
recommended these changes at a public meeting and interested parties
had an opportunity to provide input; and (4) this rule provides a 60-
day comment period and any comments received will be considered prior
to finalization of this rule.
List of Subjects in 7 CFR Part 906
Grapefruit, Marketing agreements, Oranges, Reporting and
recordkeeping requirements.
0
For the reasons set forth in the preamble, 7 CFR part 906 is amended as
follows:
PART 906--ORANGES AND GRAPEFRUIT GROWN IN LOWER RIO GRANDE VALLEY
IN TEXAS
0
1. The authority citation for 7 CFR part 906 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
Sec. 906.120 [Amended]
0
2. In Sec. 906.120, paragraph (c)(3)(iii), remove the words ``which
are packed level full,''; and in paragraph (e), remove the words ``the
term level full means that the fruit is level with the top edge of the
bottom section of the carton;''.
Sec. 906.137 [Amended]
0
3. In Sec. 906.137, paragraph (b), change the number ``51.685'' to
``51.653'' and the number ``51.712'' to ``51.714''.
0
4. Section 906.340 is amended as follows:
0
A. Revise paragraph (a)(1) to read as set forth below;
0
B. Amend paragraph (a)(2)(i)(A) introductory text by removing the words
``, when place packed in cartons or other containers,'';
0
C. Amend paragraph (a)(2)(ii)(A) introductory text by removing the
words ``when place packed in cartons or other containers'' and ``and
otherwise meet the requirements of standard sizing''; and
0
D. Amend paragraph (c) by revising ``51.652'' to read ``51.653''.
Sec. 906.340 Container, pack, and container marking regulations.
(a) * * *
(1) Containers. (i) Closed fiberboard carton with inside dimensions
of 13\1/4\ x 10\1/2\ x 7\1/4\ inches: Provided, That the container has
a Mullen or Cady test of at least 200 pounds;
(ii) Closed fully telescopic fiberboard carton with inside
dimensions of 16\1/2\ x 10\3/4\ x 9\1/2\ inches;
(iii) Closed fiberboard carton with inside dimensions of 20 x 13\1/
4\ inches and a depth from 9\3/4\ to 13 inches: Provided, That the
container has a Mullen or Cady test of at least 250 pounds: And
Provided further, That the container may be used to pack any poly or
mesh bags authorized in this section;
(iv) Poly or mesh bags having a capacity of four, five, eight, ten,
or 18 pounds of fruit: Provided, That only oranges are to be packed in
the four-pound bag.
(v) Rectangular or octagonal bulk fiberboard crib with approximate
dimensions of 46 to 47\1/2\ inches in length, 37 to 38 inches in width,
and 36 inches in height: Provided, That this container has a Mullen or
Cady test of at least 1,300 pounds, and that it is used only once for
the shipment of citrus fruit: And Provided further, That the container
may be used to pack any poly or mesh bags authorized in this section,
or bulk fruit.
(vi) Rectangular or octagonal \2/3\ fiberboard crib with
approximate dimensions of 46 to 47\1/2\ inches in length, 37 to 38
inches in width, and 24 inches in height: Provided, That the crib has a
Mullen or Cady test of at least 1,300 pounds, and that it is used only
once for the shipment of citrus fruit: And Provided further, That the
container may be used to pack any poly or mesh bags authorized in this
section, or bulk fruit.
(vii) Octagonal fiberboard crib with approximate dimensions of 46
to 47\1/2\ inches in width, 37 to 38 inches in depth, and 26 to 26\1/2\
inches in height: Provided, That the crib has a Mullen or Cady test of
at least 1,300 pounds, and that it is used only once for the shipment
of citrus fruit: And Provided further, That the crib may be used to
pack any poly or mesh bags authorized in this section, or bulk fruit.
(viii) Fiberboard box holding two layers of fruit, with approximate
dimensions of 23 inches in length, 15\1/2\ inches in width, and 7
inches in depth;
(ix) Fiberboard box with approximate dimensions of 15 inches in
length, 11 inches in width, and 7\1/2\ inches in depth;
(x) Fiberboard box with approximate dimensions of 25\3/4\ inches in
length, 15 inches in width, and 8\3/8\ to 10\1/2\ inches in depth;
(xi) Reusable collapsible plastic container with approximate
dimensions of 23 inches in length, 15 inches in width, and 7 to 11
inches in depth;
(xii) Reusable collapsible plastic container with approximate
dimensions of 14\1/4\ x 10\3/4\ x 6\3/4\ inches;
(xiii) Reusable collapsible plastic bin with approximate dimensions
of 36\3/4\ x 44\3/4\ x 27 inches;
(xiv) Octagonal bulk triple wall fiberboard crib with approximate
dimensions of 37\3/4\ inches in length, 25 inches in width, and 25
inches in height: Provided, That the container has a Mullen or Cady
test of at least 1,100 pounds: And Provided further, That the container
may be used to pack any poly or mesh bags authorized in this section,
or bulk fruit;
(xv) Closed fiberboard carton with approximate dimensions of 16\1/
2\ inches in length, 10\3/4\ inches in width, and 6\15/16\ inches in
height: Provided, That the container has a Mullen or Cady test of at
least 200 pounds;
(xvi) Such types and sizes of containers as may be approved by the
committee for testing in connection with a research project conducted
by or in cooperation with the committee: Provided, That the handling of
each lot of fruit in such test containers shall be subject to prior
approval and under the supervision of the committee.
* * * * *
Dated: August 26, 2005.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. 05-17321 Filed 8-30-05; 8:45 am]
BILLING CODE 3410-02-P