Unknown. Final rule
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--- schema: federal-register doc_type: fedreg source_file: FR-2003-01-29.xml --- 68 19 Wednesday, January 29, 2003 Contents Agricultural Agricultural Marketing Service RULES Oranges, grapefruit, tangerines, and tangelos grown in— Florida, 4361-4364 03-2014 Agriculture Agriculture Department See Agricultural Marketing Service See Foreign Agricultural Service See Forest Service See Grain Inspection, Packers and Stockyards Administration Alcohol Alcohol, Tobacco and Firearms Bureau PROPOSED RULES Firearms:
Commerce in explosives— Explosive pest control devices, 4402-4405 03-1945 Fireworks, 4406-4422 03-1946 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities: Proposed collection; comment request, 03-1974 4492-4494 03-1975 Meetings: Healthcare Infection Control Practices Advisory Committee, 4494 03-1999 Chemical Chemical Safety and Hazard Investigation Board RULES Administrative investigations; transcripts of witness testimony, 4392-4393 03-2001 Children Children and Families Administration NOTICES Agency information collection activities:
Proposed collection; comment request, 03-1967 03-1968 4494-4496 03-1970 Submission for OMB review; comment request, 03-1969 4496-4497 03-1971 Civil Civil Rights Commission NOTICES Meetings; Sunshine Act, 4446 03-2230 Coast Guard Coast Guard RULES Drawbridge operations: Iowa; correction, 4382 03-2060 Ports and waterways safety: Philippine Sea, GU, et al.; regulated navigation areas and security zones, 4383-4385 03-2061 Commerce Commerce Department See National Oceanic and Atmospheric Administration RULES Civil monetary penalties; inflation adjustment, 4380-4382 03-1895 Commodity Commodity Futures Trading Commission NOTICES Meetings;
Sunshine Act, 4450 03-2161 Comptroller Comptroller of the Currency NOTICES Agency information collection activities: Proposed collection; comment request, 4545-4546 03-2028 Submission for OMB review; comment request, 4546 03-2027 Defense Defense Department NOTICES Agency information collection activities: Proposed collection; comment request, 4451-4452 03-1947 Meetings: Defense Policy Board Advisory Committee, 4452 03-1948 Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* Cerilliant Corp., 4517-4518 03-1944 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.:
Postsecondary education— Developing Hispanic-Serving Institutions Program, 4454-4456 03-2004 Minority Science and Engineering Improvement Program, 4452-4454 03-2003 Employment Employment Standards Administration NOTICES Agency information collection activities: Proposed collection; comment request, 4523 03-2015 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air programs: Stratospheric ozone protection— Baseline production and consumption allowances for class I controlled substances; grant and phase reduction;
CFR correction, 4385 03-55502 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: 4-(Dichloroacetyl)-1-oxa-4-azaspiro[4.5]decane, 4385-4392 03-1768 Solid wastes: Land disposal restrictions— Dupont Environmental Treatment; Chambers Works Wastewater Treatment Plant, Deepwater, NJ; wastewater treatment sludge; CFR correction, 4392 03-55501 Water programs: Oil pollution prevention; CFR correction, 4385 03-55500 PROPOSED RULES Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 4429-4433 03-1776 NOTICES Agency information collection activities:
Submission for OMB review; comment request, 4466-4468 03-2036 03-2037 Pesticide, food, and feed additive petitions: Interregional Research Project (No. 4), 4470-4475 03-2019 Valent U.S.A. Corp., 4475-4481 03-2020 Pesticide registration, cancellation, etc.: Rodenticide cluster (brodifacoum, etc.); ecological assessment, 4468-4470 03-2021 Reports and guidance documents; availability, etc.: Land disposal restrictions— Mercury-bearing hazardous waste; treatment standards, 4481-4489 03-2035 Water pollution control:
Marine sanitation device standard; petitions— Connecticut, 4489-4490 03-1867 Total maximum daily loads— Big Creek and Boeuf River/Big Colewa Bayou, LA, 4490-4491 03-2038 FAA Federal Aviation Administration RULES Airworthiness directives: Airbus, 4378-4380 03-1829 Boeing, 4367-4369, 4371-4378 03-1815 03-1827 03-1832 Empresa Brasileira de Aeronautica S.A. (EMBRAER), 4370-4371 03-1830 PROPOSED RULES Airworthiness directives: Boeing, 4398-4401 03-1957 Class E airspace; correction, 5667 C3-1130 NOTICES Aeronautical land-use assurance; waivers:
Twin County Airport, VA, 4533 03-2055 Airport noise compatibility program: Brownsville/South Padre Island International Airport, TX, 4533-4534 03-2058 Meetings: RTCA, Inc., 4534-4535 03-2057 Passenger facility charges; applications, etc.: Four Corners Regional Airport, NM, 4535 03-2059 Monterey Peninsula Airport, CA, 4535-4536 03-2056 FBI Federal Bureau of Investigation NOTICES Agency information collection activities: Submission for OMB review; comment request, 4518 03-2049 FCC Federal Communications Commission RULES Digital television stations; table of assignments:
Michigan, 4393-4394 03-1966 NOTICES Privacy Act: Systems of records; correction, 4491 03-2023 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Electric utilities (Federal Power Act): Undue discrimination; remedying through open access transmission service and standard electricity market design Technical conferences, 4401-4402 03-1972 NOTICES Hydroelectric applications, 4459-4465 03-2133 03-2134 03-2135 03-2136 03-2137 03-2138 Meetings: Credit issues and potential solutions in energy markets; technical conference with Commodity Futures Trading Commisson, 4465-4466 03-2130 *Applications, hearings, determinations, etc.:* ANR Storage Co., 4456 03-2139 Columbia Gas Transmission Corp., 4456-4457 03-2143 03-2144 Columbia Gulf Transmission Co., 4457 03-2142 Conectiv Mid-Merit, Inc., 4457-4458 03-2131 Dominion Transmission, Inc., 4458 03-2141 Pacific Gas & Electric Co., 4458 03-2132 Transwestern Pipeline Co., 4459 03-2140 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 4491 03-2051 Ocean transportation intermediary licenses:
Sun Ocean Logistics Corp. et al., 4491-4492 03-2052 Federal Motor Federal Motor Carrier Safety Administration RULES Motor carrier safety standards: Commercial driver's license standards; requirements and penalties— Commercial Driver's License Program improvements and noncommercial motor vehicle violations, 4394-4397 03-2053 Federal Railroad Federal Railroad Administration NOTICES Exemption petitions, etc.: Burlington Northern & Santa Fe Railway Co., 4536-4540 03-2054 FTC Federal Trade Commission RULES Telemarketing sales rule, 4579-4679 03-1811 MISSING FOR:
Foreign Agricultural Service Foreign Agricultural Service NOTICES Committees; establishment, renewal, termination, etc.: Emerging Markets Advisory Committee, 4444 03-2013 MISSING FOR: Foreign Assets Control Office Foreign Assets Control Office PROPOSED RULES Reporting and procedures regulations: Economic Sanctions Enforcement Guidelines; comment request, 4422-4429 03-1809 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— Wrangell-Petersburg, 4444-4445 03-2002 GIPSA Grain Inspection, Packers and Stockyards Administration NOTICES Agency designation actions:
Mississippi, 4445 03-1862 Oregon, 4445-4446 03-1863 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Housing Housing and Urban Development Department NOTICES Regulatory waiver requests; quarterly listing, 4557-4578 03-1802 Immigration Immigration and Naturalization Service RULES Immigration: Immigration detainees in non-Federal facilities; public disclosure of information, 4364-4367 03-1958 NOTICES Immigration:
Proyecto San Pablo v. INS; class action judgment implementation, 4518-4522 03-1959 Indian Indian Affairs Bureau NOTICES Committees; establishment, renewal, termination, etc.: Transportation Equity Act for 21st Century Negotiated Rulemaking Committee, 4505-4507 03-2043 Indian tribes, acknowledgment of existence determinations, etc.: Golden Hill Paugussett Tribe, CT, 4507-4511 03-2044 Liquor and tobacco sale or distribution ordinance: Ho-Chunk Nation, WI, 4511-4513 03-2083 Interior Interior Department See Indian Affairs Bureau See Land Management Bureau See Minerals Management Service IRS Internal Revenue Service NOTICES Agency information collection activities:
Proposed collection; comment request, 03-2064 4547-4549 03-2065 03-2066 03-2067 Health Insurance Portability and Accountability Act of 1996; implementation: Expatriation; individuals losing United States citizenship; quarterly list, 4549-4551 03-2068 Meetings: Taxpayer Advocacy Panels, 03-2070 03-2071 03-2072 4551-4554 03-2073 03-2074 03-2075 03-2076 03-2077 03-2078 03-2079 03-2080 Justice Justice Department See Drug Enforcement Administration See Federal Bureau of Investigation See Immigration and Naturalization Service Labor Labor Department See Employment Standards Administration Land Land Management Bureau NOTICES Environmental statements; notice of intent:
South Piney Natural Gas Development Project, Sublette County, WY, 4513-4514 03-2046 Public land orders: Alaska, 4514-4515 03-2045 Washington, 4515 03-2047 Survey plat filings: Nebraska, 4515 03-1951 Wyoming, 4515 03-1950 Withdrawal and reservation of lands: Wyoming, 4516 03-2000 Minerals Minerals Management Service NOTICES Environmental statements; availability, etc.: Gulf of Mexico OCS— Oil and gas operations, 4516-4517 03-2042 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings:
International Exhibitions Federal Advisory Committee, 4523-4524 03-2085 NIH National Institutes of Health NOTICES Inventions, Government-owned; availability for licensing, 4497-4498 03-1988 Meetings: National Heart, Lung, and Blood Institute, 4498 03-1983 National Institute of Mental Health, 4499 03-1980 National Institute on Alcohol Abuse and Alcoholism, 4499 03-1981 National Institute on Deafness and Other Communication Disorders, 4499-4500 03-1982 National Institute on Drug Abuse, 03-1984 4500-4501 03-1985 03-1986 Scientific Review Center, 4501-4503 03-1979 Reports and guidance documents; availability, etc.:
National Center for Research Resources; strategic plan, 4503-4504 03-1987 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Endangered and threatened species: Findings on petitions, etc.— North American green sturgeon, 4433-4441 03-2034 Fishery conservation and management: West Coast States and Western Pacific fisheries— Western Pacific Fishery Management Council; meetings, 4441-4443 03-1976 NOTICES Agency information collection activities: Submission for OMB review; comment request, 03-2032 4446-4447 03-2033 Fishery conservation and management:
Caribbean, Gulf, and South Atlantic fisheries— Dolphin and wahoo; South Atlantic Fishery Management Council designation to develop FMPs, 4447-4449 03-2030 Marine mammals: Taking and importation— California; dolphin-safe labeling standard for tuna harvested with purse seine nets, 4449 03-1973 Meetings: National Marine Sanctuary Program; Sanctuary Advisory Councils; chairs, 4449-4450 03-2022 Permits: Marine mammals, 4450 03-2029 National Women's National Women's Business Council NOTICES Meetings;
Sunshine Act, 4524 03-2206 Nuclear Nuclear Regulatory Commission NOTICES Regulatory guides; issuance, availability, and withdrawal, 4524 03-2039 Public Public Health Service See Centers for Disease Control and Prevention See National Institutes of Health See Substance Abuse and Mental Health Services Administration Research Research and Special Programs Administration NOTICES Hazardous materials: Applications; exemptions, renewals, etc., 4540-4542 03-2005 03-2006 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes:
National Association of Securities Dealers, Inc., 4524-4527 03-2016 03-2017 Pacific Exchange, Inc., 4527-4532 03-1978 State State Department NOTICES Art objects; importation for exhibition: Glory of the Silk Road: Art from Ancient China, 4533 03-2024 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities: Proposed collection; comment request, 4504-4505 03-1998 Surface Surface Transportation Board NOTICES Meetings; Sunshine Act, 4542 03-2229 Railroad services abandonment:
Mid-Michigan Railroad, Inc., 4542-4543 03-2041 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Research and Special Programs Administration See Surface Transportation Board Treasury Treasury Department See Alcohol, Tobacco and Firearms Bureau See Comptroller of the Currency See Foreign Assets Control Office See Internal Revenue Service NOTICES Agency information collection activities:
Submission for OMB review; comment request, 03-2025 4543 03-2026 Reports and guidance documents; availability, etc.: Terrorism Risk Insurance Act of 2002— Federal payment conditions, non-U.S. insurers, and scope of insurance coverage, 4544-4545 03-2116 Separate Parts In This Issue Part II Housing and Urban Development Department, 4557-4578 03-1802 Part III Federal Trade Commission, 4579-4679 03-1811 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 68 19 Wednesday, January 29, 2003 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 905 [Docket No. FV02-905-4 FIR] Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida; Exemption for Shipments of Tree Run Citrus AGENCY:
Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: The Department of Agriculture
(USDA)is adopting, as a final rule, without change, an interim final rule that changed the rules and regulations prescribed under the Florida citrus marketing order (order). The order regulates the handling of oranges, grapefruit, tangerines, and tangelos grown in Florida and is administered locally by the Citrus Administrative Committee (committee). This rule continues to exempt shipments of small quantities of tree run citrus from the grade, size, and assessment requirements of the order. Producers can ship 150 1- 3/5 bushel boxes per variety, per shipment, of their own citrus free from order regulations, not to exceed 1,500 boxes per variety for the season. This change is effective for the 2002-03 season only. The committee believes this action may be a way to increase fresh market shipments, develop new markets, and improve grower returns. EFFECTIVE DATE: February 28, 2003. FOR FURTHER INFORMATION CONTACT: Doris Jamieson, 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: *Jay.Guerber@usda.gov.* 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. This rule continues in effect changes to the rules and regulations under the order to exempt shipments of small quantities of tree run citrus from grade, size, and assessment requirements. Tree run citrus is wholesome citrus picked and boxed in the field and taken directly to market without being graded or sized. With this change, producers are allowed to ship 150 1- 3/5 bushel boxes per variety, per shipment, of their own citrus free from marketing order regulations. Total shipments cannot exceed 1,500 boxes per variety for the season. This action was unanimously recommended by the committee at its meeting held on May 22, 2002. Section 905.80 of the marketing order provides authority for the committee to exempt certain types of shipments from regulation. Exemptions can be implemented for types of shipments of any variety in such minimum quantities, or for such purposes as the committee with the approval of USDA may specify. No assessment is levied on fruit so shipped. The committee shall, with the approval of USDA, prescribe such rules, regulations, or safeguards as it deems necessary to prevent varieties handled under the provisions of this section from entering channels of trade for other than the purposes authorized by this section. Section 905.149 is continued in effect. This section defines grower tree run citrus and outlines the procedures to be used for growers to apply to the committee to ship their own tree run citrus fruit exempt from grade, size, and assessment requirements under the order. Under this section, once the exemption has been approved, the grower must report to the committee the volume of fruit shipped, the date of the shipment, and type of transportation used. According to Florida Department of Citrus
(FDOC)regulation 20-35.006, “Tree run grade is that grade of naturally occurring sound and wholesome citrus fruit which has not been separated either as to grade or size after severance from the tree.” Also, FDOC regulation 20-62.002 defines wholesomeness as fruit free from rot, decay, sponginess, unsoundness, leakage, staleness, or other conditions showing physical defects of the fruit. By definition, this fruit is handled by the grower and bypasses normal handler operations. Prior to this change, all tree run citrus had to meet all requirements of the marketing order, as well as State of Florida Statutes and Florida Department of Citrus regulations. Even with this change, tree run citrus must continue to meet applicable State of Florida Statutes and Florida Department of Citrus regulations, including inspection. Growers are able to pick, box, and ship directly to buyers, and avoid the costs incurred when citrus is handled by packinghouses. Over the past few years, small producers of Florida citrus have expressed concerns regarding problems incurred when selling their citrus. These concerns include costs, returns, and available markets. These problems, along with market conditions, have driven a fair number of citrus growers and handlers out of the citrus industry. These concerns have been discussed at committee meetings, as well as meetings of other industry groups. Some small growers have stated they have had difficulty getting packinghouses to pack their fruit. There is limited demand for certain varieties of citrus produced. In some cases, supply exceeds demand in the standard markets. According to committee data, over the past five years, fresh grapefruit sales have dropped 25 percent and fresh orange shipments are down 11 percent. In some cases, varieties may be out of favor with handlers and consumers, or there may be a glut on the market of a particular variety of fruit. As a result, packinghouses do not wish to become over stocked with fruit which is difficult to market and, therefore, will not pack less popular minor varieties of fruit or fruit that is in oversupply. Packinghouses do not want to pack what they cannot sell. These factors have caused wholesome fruit to be shipped to processing plants or left on the tree. The costs of growing for the fresh market have been increasing, while in many cases, the returns to the grower have been decreasing. The cost of picking, packing, and hauling, and associated handling costs for fruit going to the fresh market, is sometimes greater than the grower's return on the fruit. The costs associated with growing for the fresh market are greater than the costs for growing for the processed market. When citrus cannot be sold into the fresh market, it can be sold to the processing plants. However, the prices received are considerably lower. For example, during the last five years, only the 1999-2000 season produced on-tree returns for processed red seedless grapefruit that exceeded one dollar per box. Over the period from 1977 through 2000, the differential between fresh prices and processed prices has averaged $3.55 per box. The average on-tree price for processed Florida oranges during the 2000-02 season was $2.72 compared to $4.25 for fresh oranges. In some cases, where the cost of harvesting citrus exceeds the returns to the grower or the grower cannot find a buyer for the fruit, economic abandonment can occur. According to information from the National Agricultural Statistics Service, the seasons of 1995-96, 1996-97, 1997-98, and 2000-01 had an average economic abandonment of two million boxes or more of red seedless grapefruit alone. Consequently, growers are looking for other outlets to move their fruit in an effort to increase returns. Several growers at the meeting stated that regulations previously imposed on the citrus industry made it difficult for them to ship homegrown fruit into interstate markets. Some growers believe secondary markets exist (which previously could not be supplied) that will provide them additional outlets to sell their citrus. They think niche markets exist that could be profitable. They believe they can ship quality fruit directly to out-of-state markets and that it would be well received. Growers want the opportunity to continue pursuing those niche markets. These growers contend tree run citrus does not need a minimum grade and size to be marketable, and that they can supply quality fruit to secondary markets not served by packed fruit. However, they believe to do it profitably, they need to bypass the normal handler operations and the associated costs. The committee listened to the concerns of these small growers and the problems they have encountered. In an effort to allow these growers to pursue these niche markets, the committee, which consists of growers and handlers, unanimously voted to allow a minimum quantity of citrus to be shipped exempt from the grade, size, and assessment regulations. The committee recommended growers be allowed to ship up to 150 1- 3/5 bushel boxes of each variety, per shipment, from their own groves, with total shipments for the season not to exceed 1,500 boxes per variety. Throughout industry discussions, many different combinations of varieties and shipment totals were discussed. In making this recommendation, the committee determined that 150 boxes of each variety per shipment allows the grower to ship a sufficient amount of fruit to make the exemption cost effective and yet not allow too much fruit to enter market channels exempt from marketing order requirements. The committee believes this level of volume will help keep this fruit in non-competitive outlets. The committee believes this tree run fruit will be sold primarily to non-competitive, niche markets, such as farmers' markets, flea markets, roadside stands, and similar outlets and will not compete with non-exempt fruit shipped under the order. Fruit is sold in similar markets within the state, and such markets have been successful. This change allows growers to sell directly to similar markets outside of the State. The committee believes this action allows the industry to service more non-traditional markets and that this may be a way to increase fresh market shipments and develop new markets. Granting this exemption allows growers to supply markets that might not otherwise be supplied. Some members expect that this tree run or grove fresh fruit may create greater consumer interest in fresh citrus fruit. Under this provision, the grower is required to apply to the committee, on a “Grower Tree Run Certificate Application” form provided by the committee, for an exemption to ship tree run citrus fruit to interstate markets. On this form, the grower must provide the committee with their name; address; phone number; legal description of the grove; variety of citrus to be shipped; and the approximate number of boxes produced on the specified grove. The grower must also certify that the fruit to be handled comes from the grove owned by the grower applicant. The grower will also report to the committee the actual number of boxes per variety shipped under the exemption. The Grower Tree Run Certificate Application form is submitted to the committee manager. The manager reviews the application for completeness and accuracy. The manager also verifies the information provided. After the application has been reviewed, the manager notifies the grower applicant in writing whether the application is approved or denied. Once the grower has received approval for their application for exemption and begins shipping fruit, a “Report of Shipments Under Grower Tree Run Certificate” form, also provided by the committee, must be completed for each shipment. On this form, the grower provides the location of the grove, the amount of fruit shipped, the shipping date, and the type of transportation used to ship the fruit, along with the vehicle license number. The grower must supply the Road Guard Station with a copy of the grower certificate report for each shipment, and provide a copy of the report to the committee. This report enables the committee to maintain compliance and gather data, which will be used to determine the effectiveness of the exemption. Failure to comply with these requirements may result in the cancellation of a grower's certificate. The FDOC defines tree run grade and wholesomeness of citrus fruit. This fruit is handled by the grower and bypasses normal handler operations. Even with the change to the provisions under the order, tree run citrus must still meet the requirements of the State of Florida Statutes and FDOC regulations, including inspection. Consequently, growers will need to continue to have the fruit inspected to meet current State requirements. This exemption is effective for the current season beginning October 8, 2002, and ending July 1, 2003, only. The committee determined that offering the exemption for one season will provide sufficient information on how the fruit shipped under the exemption was received on the market. It will also indicate whether or not other markets exist that packed fruit is not currently supplying, where these markets are located, and approximately how much fruit can be sold in such markets. It will also indicate the number of growers interested in utilizing the exemption and the volume of citrus shipped under the exemption. In addition, it will provide the committee with information regarding any potential impact on competitive outlets. The committee will also have information available regarding any compliance issues not previously discussed. At the end of the season, the committee will review all available information and decide whether the exemption should be continued. This rule does not affect the provision that handlers may ship up to 15 standard packed cartons (12 bushels) of fruit per day exempt from regulatory requirements. Fruit shipped in gift packages that are individually addressed and not for resale, and fruit shipped for animal feed are also exempt from handling requirements under specific conditions. Also, fruit shipped to commercial processors for conversion into canned or frozen products or into a beverage base are not subject to the handling requirements under the order. Section 8e of the Act requires that whenever grade, size, quality, or maturity requirements are in effect for certain commodities under a domestic marketing order, including citrus, imports of that commodity must meet the same or comparable requirements. This rule does not change the minimum grade and size requirements under the order. Therefore, no change is necessary in the citrus import regulations as a result of this action. 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 80 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, and average annual f.o.b. price for fresh Florida citrus during the 2001-02 season was approximately $8.10 per 4/5 -bushel carton for all shipments, and the total fresh shipments for the 2001-02 season were around 55 million 4/5 -bushel cartons of Florida citrus. Approximately 50 percent of the handlers handled 94 percent of Florida citrus shipments. Using information provided by the committee, about 54 percent of citrus handlers could be considered small businesses under the SBA definition. Although specific data is unavailable, USDA believes that the majority of Florida citrus producers may be classified as small entities. This rule continues in effect the addition of § 905.149 to the rules and regulations under the order exempting shipments of small quantities of tree run citrus from the grade, size, and assessment requirements of the order. This action allows growers to ship 150 1- 3/5 bushel boxes per variety, per shipment, of their own tree run citrus free from marketing order regulations into interstate markets. Total shipments cannot exceed 1,500 boxes per variety for the season per individual grower. This change is effective for the 2002-03 season only. The committee believes this action may be a way to increase fresh market shipments, develop new markets, and improve grower returns. Authority for this action is provided in § 905.80(e). According to a recent study by the University of Florida—Institute of Food and Agricultural Sciences, production costs for the 2001-02 season ranged from $1.71 per box for processed oranges to $2.41 per box for grapefruit grown for the fresh market. The average packing charge for oranges is approximately $6.50 per box, for grapefruit the charge is approximately $5.75 per box, and for tangerines the charge can be as high as $9 per box. In a time when grower returns are weak, sending fruit to a packinghouse can be cost prohibitive, especially for the small grower. This rule may provide an additional outlet for fruit that might otherwise be forced into the processing market or left on the tree altogether. This rule will not impose any additional costs on the grower. This rule has the opposite effect. It reduces the costs associated with having fruit handled by a packinghouse. This rule enables growers to ship their tree run citrus free from grade, size, and assessment requirements under the order. This action allows growers to ship minimum quantities of their citrus directly into interstate commerce exempt from some order requirements and their related costs. With this action, growers can reduce handling costs and use those savings toward developing additional markets. This benefits all growers regardless of size but it is expected to have a particular benefit for the small grower. The committee considered several alternatives to this action, including making no change to the current regulations. The committee believed that some change was necessary to help Florida citrus growers. The committee considered allowing growers to ship unlimited quantities of any grower's citrus. This option was rejected because it would have caused market disruption and compliance problems, because growers could become shippers for other growers. It would have also made it more difficult to keep this fruit in noncompetitive outlets. Other alternatives considered were increasing the number of boxes available to be shipped per load, and increasing the number of boxes available to be shipped per season. These options were also rejected amid concerns that too much fruit could be shipped and find its way into the competitive markets. This action requires two additional forms. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), AMS obtained emergency approval for a new information collection request under OMB No. 0581-NEW for Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida, Marketing Order No. 905. The emergency request was necessary because insufficient time was available to follow normal clearance procedures. This information collection will be merged with the forms currently approved for use under OMB No. 0581-0189 “Generic OMB Fruit Crops.” USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with this rule. 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. 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 committee 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. Also, the committee has a number of appointed subcommittees to review certain issues and make recommendations to the committee. A subcommittee met May 21, 2002, and discussed the tree run issue in detail. That meeting was also a public meeting and both large and small entities were able to participate and express their views. An interim final rule concerning this action was published in the **Federal Register** on October 7, 2002. Copies of the rule were mailed by the committee's staff to all committee members and citrus 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 December 6, 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 FR 62313, October 7, 2002) will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 905 Oranges, Grapefruit, Tangerines, Tangelos, Marketing agreements, Reporting and recordkeeping requirements. 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 62313 on October 7, 2002, is adopted as a final rule without change. Dated: January 23, 2003. A.J. Yates, Administrator, Agricultural Marketing Service. [FR Doc. 03-2014 Filed 1-28-03; 8:45 am]
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- 7 CFR 905
- 7 USC 601-674
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