[Federal Register: March 18, 2008 (Volume 73, Number 53)]
[Rules and Regulations]
[Page 14371-14372]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18mr08-1]
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Rules and Regulations
Federal Register
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[[Page 14371]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 905
[Docket No. AMS-FV-07-0017; FV07-905-610 Review]
Oranges, Grapefruit, Tangerines and Tangelos Grown in Florida;
Section 610 Review
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Confirmation of regulations.
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SUMMARY: This action summarizes the results under the criteria
contained in section 610 of the Regulatory Flexibility Act (RFA), of an
Agricultural Marketing Service (AMS) review of Marketing Order No. 905,
regulating the handling of oranges, grapefruit, tangerines, and
tangelos grown in Florida (order). AMS has determined that the order
should be continued.
ADDRESSES: Interested persons may obtain a copy of the review. Requests
for copies should 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; or E-mail: moab.docketclerk@usda.gov. A copy of the
review may also be obtained via the Internet at: http://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Doris Jamieson or Christian D. Nissen,
Southeast Marketing Field Office, Marketing Order Administration
Branch, Fruit and Vegetable Programs, AMS, USDA, Winter Haven, Florida
33884; Telephone: (863) 324-3375; Fax: (863) 325-8793; or E-mail:
Doris.Jamieson@usda.gov or Christian.Nissen@usda.gov.
SUPPLEMENTARY INFORMATION: Marketing Order No. 905, as amended (7 CFR
part 905), regulates 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.''
The order establishes the Citrus Administrative Committee
(Committee) as the administrative body charged with overseeing program
operations. Staff is hired to conduct the daily administration of the
program. The Committee consists of 18 members. There are nine grower
members representing four districts, and eight shipper members
representing both independent shippers and cooperative marketing
organizations, and one nonindustry member who represents the public.
Each member has an alternate. Grower members and alternate members are
elected through nomination meetings held in each district. Shipper
members and alternate members are elected at a nomination meeting of
shippers. The public member and alternate are nominated by the
Committee.
Currently, there are approximately 8,000 producers and
approximately 75 handlers of Florida citrus. The majority of growers
and handlers may be classified as small entities. The regulations
implemented under the order are applied uniformly and are designed to
benefit all entities, regardless of size.
AMS published in the Federal Register on February 18, 1999 (64 FR
8014), a plan to review certain regulations, including Marketing Order
No. 905, under criteria contained in section 610 of the RFA (5 U.S.C.
601-612). Updated plans were published in the Federal Register on
January 4, 2002 (67 FR 525), August 14, 2003 (68 FR 48574), and again
on March 24, 2006 (71 FR 14827). Accordingly, AMS published a notice of
review and request for written comments on the Florida citrus marketing
order in the June 20, 2007, issue of the Federal Register (72 FR
33918). The deadline for comments ended August 20, 2007. Two comments
were received in response to the notice, and are discussed later in
this document.
The review was undertaken to determine whether the Florida citrus
marketing order should be continued without being changed, amended, or
rescinded to minimize the impacts on small entities. In conducting this
review, AMS considered the following factors: (1) The continued need
for the order; (2) the nature of complaints or comments received from
the public concerning the order; (3) the complexity of the order; (4)
the extent to which the order overlaps, duplicates, or conflicts with
other Federal rules, and, to the extent feasible, with State and local
governmental rules; and (5) the length of time since the order has been
evaluated or the degree to which technology, economic conditions, or
other factors have changed in the area affected by the order.
The order authorizes grade, size, maturity, and quality
regulations, as well as reporting and inspection requirements. The
order also authorizes volume regulation by limiting the shipments of
any grade or size of any variety. The grade, size, maturity, and
inspection regulations are also applied to imported grapefruit and
oranges under section 608e of the Act.
The grade, size, and maturity requirements have helped maintain
demand for Florida citrus over the years by ensuring only quality
product reaches the consumer. The volume control provisions of the
order have helped stabilize supplies and prices of red seedless
grapefruit by preventing the market from being flooded with small sizes
during the early part of the season. The compilation and dissemination
of aggregate statistical information collection from handlers is used
by the industry to make informed production and marketing decisions.
Funds to administer the order are obtained from handler assessments.
Regarding complaints or comments received from the public
concerning the order, AMS received two comments. One comment raised
issues concerning country of origin labeling, which is outside the
scope of this 610 review. One comment was in favor of the continuation
of the order and addressed three of the five factors under
consideration by AMS. The commenter noted that the marketing order
helps to ensure high quality Florida citrus reaches the fresh market.
The commenter also favored the Department's policy of recognizing small
businesses and reviewing customer complaints.
[[Page 14372]]
Marketing order issues and programs are discussed at public
meetings, and all interested persons are allowed to express their
views. All comments are considered in the decision making process by
the Committee and the AMS before any program changes are implemented.
In considering the order's complexity, AMS has determined that the
order is not unduly complex.
During the review, the order was also checked for duplication and
overlap with other regulations. AMS did not identify any relevant
Federal rules, or State and local regulations that duplicate, overlap,
or conflict with the marketing order for Florida citrus. The Florida
Department of Citrus, a state organization, is authorized to conduct
marketing promotion programs and research for the Florida citrus
industry. The marketing order currently does not have authority for
marketing promotion and research.
The order was established in 1939 and was last amended in
September, 1989. During the 68 years the order has been effective, AMS
and the Florida citrus industry have continuously monitored marketing
operations. Changes in regulations have been implemented to reflect
current industry operating practices, and to solve marketing problems
as they occur. The goal of periodic evaluations is to ensure that the
order and the regulations implemented under it fit the needs of the
industry and are consistent with the Act.
The Committee meets several times a year to discuss the order and
the various regulations issued thereunder, and to determine if, or
what, changes may be necessary to reflect current industry practices.
As a result, regulatory changes have been made numerous times over the
years to address industry operation changes and to improve program
administration. In addition, in May 2007, the Committee voted to amend
the order, recommending several changes including adding the authority
for research and promotion under the order. Currently, there is an on-
going formal rulemaking proceeding to amend the order (see 73 FR 5130).
Based on the potential benefits of the order to producers,
handlers, and consumers, AMS has determined that the Florida citrus
marketing order should be continued. The order was established to help
the Florida citrus industry work with USDA to solve marketing problems.
The order's regulations on grade, size, quality, and maturity continue
to be beneficial to producers, handlers, and consumers. AMS will
continue to work with the Florida citrus industry in maintaining an
effective marketing order program.
Dated: March 12, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E8-5359 Filed 3-17-08; 8:45 am]
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