81_FR_38996 81 FR 38881 - Oranges and Grapefruit Grown in Lower Rio Grande Valley in Texas; Relaxation of Container and Pack Requirements

81 FR 38881 - Oranges and Grapefruit Grown in Lower Rio Grande Valley in Texas; Relaxation of Container and Pack Requirements

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 81, Issue 115 (June 15, 2016)

Page Range38881-38883
FR Document2016-14151

This rule implements a recommendation from the Texas Valley Citrus Committee (Committee) to relax the container and pack requirements currently prescribed under the Texas Citrus Marketing Order (order). The order regulates the handling of oranges and grapefruit grown in the Lower Rio Grande Valley in Texas. The Committee locally administers the order and is comprised of producers and handlers operating within the production area. This rule adds the word ``approximate'' to the size specifications of three regulated containers to make the language consistent with other containers specified under the order. This change provides uniformity in the descriptions of containers and helps prevent potential compliance violations stemming from slight variations in container dimensions.

Federal Register, Volume 81 Issue 115 (Wednesday, June 15, 2016)
[Federal Register Volume 81, Number 115 (Wednesday, June 15, 2016)]
[Rules and Regulations]
[Pages 38881-38883]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14151]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

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having general applicability and legal effect, most of which are keyed 
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under 50 titles pursuant to 44 U.S.C. 1510.

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Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / 
Rules and Regulations

[[Page 38881]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 906

[Doc. No. AMS-SC-16-0021; SC16-906-1 IR]


Oranges and Grapefruit Grown in Lower Rio Grande Valley in Texas; 
Relaxation of Container and Pack Requirements

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: This rule implements a recommendation from the Texas Valley 
Citrus Committee (Committee) to relax the container and pack 
requirements currently prescribed under the Texas Citrus Marketing 
Order (order). The order regulates the handling of oranges and 
grapefruit grown in the Lower Rio Grande Valley in Texas. The Committee 
locally administers the order and is comprised of producers and 
handlers operating within the production area. This rule adds the word 
``approximate'' to the size specifications of three regulated 
containers to make the language consistent with other containers 
specified under the order. This change provides uniformity in the 
descriptions of containers and helps prevent potential compliance 
violations stemming from slight variations in container dimensions.

DATES: Effective June 16, 2016; comments received by August 15, 2016 
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 and Agreement Division, Specialty Crops Program, AMS, 
USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-
0237; Fax: (202) 720-8938; or Internet: http://www.regulations.gov. All 
comments should reference the document 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.regulations.gov. All 
comments submitted in response to this rule will be included in the 
record and will be made available to the public. Please be advised that 
the identity of the individuals or entities submitting the comments 
will be made public on the Internet at the address provided above.

FOR FURTHER INFORMATION CONTACT: Doris Jamieson, Marketing Specialist, 
or Christian D. Nissen, Regional Director, Southeast Marketing Field 
Office, Marketing Order and Agreement Division, Specialty Crops 
Program, AMS, USDA; Telephone: (863) 324-3375, Fax: (863) 291-8614, or 
Email: [email protected] or [email protected].
    Small businesses may request information on complying with this 
regulation by contacting Antoinette Carter, Marketing Order and 
Agreement Division, Specialty Crops Program, AMS, USDA, 1400 
Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; 
Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: 
[email protected].

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 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 Department of Agriculture (USDA) is issuing this rule in 
conformance with Executive Orders 12866, 13563, and 13175.
    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule is not intended to have retroactive effect.
    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 relaxes container requirements currently prescribed under 
the order by adding the word ``approximate'' to the size specifications 
of three regulated containers to make the language consistent with 
other containers specified under the order. This change provides 
uniformity in the descriptions of containers and helps prevent 
potential compliance violations stemming from slight variations in 
container dimensions. The Committee unanimously recommended the change 
at a meeting on November 17, 2015.
    Section 906.40(d) of the order authorizes the issuance of 
regulations to fix the size, weight, capacity, dimensions, or pack of 
the container or containers which may be used in the packaging, 
transportation, sale, shipment, or other handling of fruit. Section 
906.340 specifies the container, pack, and container marking 
regulations under the order. This section specifies, in part, the 
containers and dimensions currently authorized under the order.
    The Committee's Container Subcommittee (subcommittee) reviewed the 
list of containers authorized under the order and recommended that the 
Committee modify the descriptions of three of the containers. The 
subcommittee informed the Committee that the descriptions of three of 
the authorized containers specify exact dimensions whereas the 
remainder of the containers provide approximate dimensions. They stated 
that with the containers with specific dimensions container 
manufacturers could inadvertently generate containers that have a small 
variance in size from the specific requirements of the order causing a 
handler to be out of compliance with order requirements. The 
subcommittee noted that the

[[Page 38882]]

remainder of the containers allow for such an occurrence by using the 
word ``approximate'' when providing the dimensions. Consequently, the 
Committee unanimously voted to add the word ``approximate'' in the 
description of the container sizes of the three containers with 
specific dimensions to make the language consistent with the 
descriptions of the other containers. The Committee believes this 
change will provide uniformity in the descriptions of all regulated 
containers and help prevent potential compliance violations stemming 
from slight variations in container dimensions.

Initial Regulatory Flexibility Analysis

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA) (5 U.S.C. 601-612), 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 
businesses 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.
    There are approximately 170 producers of oranges and grapefruit in 
the production area and 13 handlers subject to regulation under the 
order. Small agricultural producers are defined by the Small Business 
Administration (SBA) as those having annual receipts of less than 
$750,000, and small agricultural service firms are defined as those 
whose annual receipts are less than $7,500,000 (13 CFR 121.201).
    According to Committee data and information from the National 
Agricultural Statistics Service, the average grower price for Texas 
citrus during the 2014-15 season was around $9.53 per box and total 
shipments were near 7.8 million boxes. Using the average grower price 
and shipment information, and assuming a normal distribution of 
production among all producers, the majority of producers would have 
annual receipts of less than $750,000. In addition, based on Committee 
information, the majority of handlers have annual receipts of less than 
$7,500,000 and could be considered small businesses under SBA's 
definition. Thus, the majority of Texas citrus producers and handlers 
may be classified as small entities.
    This rule changes Sec.  906.340 of the container, pack, and 
container marking requirements currently prescribed under the order. 
This rule adds the word ``approximate'' to the size specifications of 
three regulated containers to make the language consistent with other 
containers specified under the order. This change provides uniformity 
in the descriptions of containers and helps prevent potential 
compliance violations stemming from slight variations in container 
dimensions. Authority for this change is provided in Sec.  906.40.
    This action is not expected to impose any additional costs on the 
industry. However, it is anticipated that this action will have a 
beneficial impact. Adding the word ``approximate'' to the dimension 
requirements for the containers with specific dimensions could prevent 
possible order violations or potential extra costs associated with 
replacing incorrect cartons should container manufacturers 
inadvertently generate containers that do not meet order requirements. 
The benefits of this rule are expected to be equally available to all 
fresh orange and grapefruit growers and handlers, regardless of their 
size.
    Regarding alternatives to this action, the Committee considered 
making no changes to the container dimensions, but determined that 
making the recommended change provides consistency in the descriptions 
of all regulated containers and would help prevent potential order 
violations. Therefore, the Committee rejected this alternative.
    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), the order's information collection requirements have been 
previously approved by the Office of Management and Budget (OMB) and 
assigned OMB No. 0581-0189, Generic Fruit Crops. No changes in those 
requirements as a result of this action are necessary. Should any 
changes become necessary, they would be submitted to OMB for approval.
    This rule will not impose any additional reporting or recordkeeping 
requirements on either small or large Texas citrus 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.
    AMS is committed to complying with the E-Government Act, to promote 
the use of the internet and other information technologies to provide 
increased opportunities for citizen access to Government information 
and services, and for other purposes.
    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 citrus industry and all interested persons were invited to 
attend the meeting and participate in Committee deliberations. Like all 
Committee meetings, the November 17, 2015, 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 November 11, 2015, 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 comments 
on this interim rule, including 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/rules-regulations/moa/small-businesses. Any questions 
about the compliance guide should be sent to Antoinette Carter at the 
previously mentioned address in the FOR FURTHER INFORMATION CONTACT 
section.
    This rule invites comments on a change to the container and pack 
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 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, 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 action relaxes the current container and pack 
requirements; (2) the industry is currently shipping oranges and 
grapefruit; (3) the Committee unanimously recommended these changes at 
a public meeting and interested parties had an opportunity to

[[Page 38883]]

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.

    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.


0
2. In Sec.  906.340, paragraphs (a)(1)(i) through (iii) are revised to 
read as follows:


Sec.  906.340  Container, pack, and container marking regulations.

    (a) * * *
    (1) * * *
    (i) Closed fiberboard carton with approximate 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 approximate 
inside dimensions of 16\1/2\ x 10\3/4\ x 9\1/2\ inches:
    (iii) Closed fiberboard carton with approximate 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;
* * * * *

    Dated: June 10, 2016.
Elanor Starmer,
Administrator, Agricultural Marketing Service.
[FR Doc. 2016-14151 Filed 6-14-16; 8:45 am]
 BILLING CODE P



                                                                                                                                                                                            38881

                                           Rules and Regulations                                                                                          Federal Register
                                                                                                                                                          Vol. 81, No. 115

                                                                                                                                                          Wednesday, June 15, 2016



                                           This section of the FEDERAL REGISTER                    0237, Washington, DC 20250–0237; Fax:                  order, any provision of the order, or any
                                           contains regulatory documents having general            (202) 720–8938; or Internet: http://                   obligation imposed in connection with
                                           applicability and legal effect, most of which           www.regulations.gov. All comments                      the order is not in accordance with law
                                           are keyed to and codified in the Code of                should reference the document number                   and request a modification of the order
                                           Federal Regulations, which is published under           and the date and page number of this                   or to be exempted therefrom. A handler
                                           50 titles pursuant to 44 U.S.C. 1510.
                                                                                                   issue of the Federal Register and will be              is afforded the opportunity for a hearing
                                           The Code of Federal Regulations is sold by              made available for public inspection in                on the petition. After the hearing, USDA
                                           the Superintendent of Documents. Prices of              the Office of the Docket Clerk during                  would rule on the petition. The Act
                                           new books are listed in the first FEDERAL               regular business hours, or can be viewed               provides that the district court of the
                                           REGISTER issue of each week.                            at: http://www.regulations.gov. All                    United States in any district in which
                                                                                                   comments submitted in response to this                 the handler is an inhabitant, or has his
                                                                                                   rule will be included in the record and                or her principal place of business, has
                                           DEPARTMENT OF AGRICULTURE                               will be made available to the public.                  jurisdiction to review USDA’s ruling on
                                                                                                   Please be advised that the identity of the             the petition, provided an action is filed
                                           Agricultural Marketing Service                          individuals or entities submitting the                 not later than 20 days after the date of
                                                                                                   comments will be made public on the                    the entry of the ruling.
                                           7 CFR Part 906                                          Internet at the address provided above.                   This rule relaxes container
                                           [Doc. No. AMS–SC–16–0021; SC16–906–1                    FOR FURTHER INFORMATION CONTACT:                       requirements currently prescribed under
                                           IR]                                                     Doris Jamieson, Marketing Specialist, or               the order by adding the word
                                                                                                   Christian D. Nissen, Regional Director,                ‘‘approximate’’ to the size specifications
                                           Oranges and Grapefruit Grown in                                                                                of three regulated containers to make
                                                                                                   Southeast Marketing Field Office,
                                           Lower Rio Grande Valley in Texas;                                                                              the language consistent with other
                                                                                                   Marketing Order and Agreement
                                           Relaxation of Container and Pack                                                                               containers specified under the order.
                                                                                                   Division, Specialty Crops Program,
                                           Requirements                                                                                                   This change provides uniformity in the
                                                                                                   AMS, USDA; Telephone: (863) 324–
                                           AGENCY:  Agricultural Marketing Service,                3375, Fax: (863) 291–8614, or Email:                   descriptions of containers and helps
                                           USDA.                                                   Doris.Jamieson@ams.usda.gov or                         prevent potential compliance violations
                                           ACTION: Interim rule with request for                   Christian.Nissen@ams.usda.gov.                         stemming from slight variations in
                                           comments.                                                  Small businesses may request                        container dimensions. The Committee
                                                                                                   information on complying with this                     unanimously recommended the change
                                           SUMMARY:   This rule implements a                       regulation by contacting Antoinette                    at a meeting on November 17, 2015.
                                           recommendation from the Texas Valley                    Carter, Marketing Order and Agreement                     Section 906.40(d) of the order
                                           Citrus Committee (Committee) to relax                   Division, Specialty Crops Program,                     authorizes the issuance of regulations to
                                           the container and pack requirements                     AMS, USDA, 1400 Independence                           fix the size, weight, capacity,
                                           currently prescribed under the Texas                    Avenue SW., STOP 0237, Washington,                     dimensions, or pack of the container or
                                           Citrus Marketing Order (order). The                     DC 20250–0237; Telephone: (202) 720–                   containers which may be used in the
                                           order regulates the handling of oranges                 2491, Fax: (202) 720–8938, or Email:                   packaging, transportation, sale,
                                           and grapefruit grown in the Lower Rio                   Antoinette.Carter@ams.usda.gov.                        shipment, or other handling of fruit.
                                           Grande Valley in Texas. The Committee                   SUPPLEMENTARY INFORMATION: This rule                   Section 906.340 specifies the container,
                                           locally administers the order and is                    is issued under Marketing Agreement                    pack, and container marking regulations
                                           comprised of producers and handlers                     and Order No. 906, as amended (7 CFR                   under the order. This section specifies,
                                           operating within the production area.                   part 906), regulating the handling of                  in part, the containers and dimensions
                                           This rule adds the word ‘‘approximate’’                 oranges and grapefruit grown in the                    currently authorized under the order.
                                           to the size specifications of three                     Lower Rio Grande Valley in Texas,                         The Committee’s Container
                                           regulated containers to make the                        hereinafter referred to as the ‘‘order.’’              Subcommittee (subcommittee) reviewed
                                           language consistent with other                          The order is effective under the                       the list of containers authorized under
                                           containers specified under the order.                   Agricultural Marketing Agreement Act                   the order and recommended that the
                                           This change provides uniformity in the                  of 1937, as amended (7 U.S.C. 601–674),                Committee modify the descriptions of
                                           descriptions of containers and helps                    hereinafter referred to as the ‘‘Act.’’                three of the containers. The
                                           prevent potential compliance violations                    The Department of Agriculture                       subcommittee informed the Committee
                                           stemming from slight variations in                      (USDA) is issuing this rule in                         that the descriptions of three of the
                                           container dimensions.                                   conformance with Executive Orders                      authorized containers specify exact
                                           DATES: Effective June 16, 2016;                         12866, 13563, and 13175.                               dimensions whereas the remainder of
                                           comments received by August 15, 2016                       This rule has been reviewed under                   the containers provide approximate
                                           will be considered prior to issuance of                 Executive Order 12988, Civil Justice                   dimensions. They stated that with the
                                           a final rule.                                           Reform. This rule is not intended to                   containers with specific dimensions
                                           ADDRESSES: Interested persons are                       have retroactive effect.                               container manufacturers could
ehiers on DSK5VPTVN1PROD with RULES




                                           invited to submit written comments                         The Act provides that administrative                inadvertently generate containers that
                                           concerning this rule. Comments must be                  proceedings must be exhausted before                   have a small variance in size from the
                                           sent to the Docket Clerk, Marketing                     parties may file suit in court. Under                  specific requirements of the order
                                           Order and Agreement Division,                           section 608c(15)(A) of the Act, any                    causing a handler to be out of
                                           Specialty Crops Program, AMS, USDA,                     handler subject to an order may file                   compliance with order requirements.
                                           1400 Independence Avenue SW., STOP                      with USDA a petition stating that the                  The subcommittee noted that the


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                                           38882            Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Rules and Regulations

                                           remainder of the containers allow for                      This rule changes § 906.340 of the                     In addition, USDA has not identified
                                           such an occurrence by using the word                    container, pack, and container marking                 any relevant Federal rules that
                                           ‘‘approximate’’ when providing the                      requirements currently prescribed under                duplicate, overlap or conflict with this
                                           dimensions. Consequently, the                           the order. This rule adds the word                     rule.
                                           Committee unanimously voted to add                      ‘‘approximate’’ to the size specifications                Further, the Committee’s meeting was
                                           the word ‘‘approximate’’ in the                         of three regulated containers to make                  widely publicized throughout the Texas
                                           description of the container sizes of the               the language consistent with other                     citrus industry and all interested
                                           three containers with specific                          containers specified under the order.                  persons were invited to attend the
                                           dimensions to make the language                         This change provides uniformity in the                 meeting and participate in Committee
                                           consistent with the descriptions of the                 descriptions of containers and helps                   deliberations. Like all Committee
                                           other containers. The Committee                         prevent potential compliance violations                meetings, the November 17, 2015,
                                           believes this change will provide                       stemming from slight variations in                     meeting was a public meeting and all
                                           uniformity in the descriptions of all                   container dimensions. Authority for this               entities, both large and small, were able
                                           regulated containers and help prevent                   change is provided in § 906.40.                        to express their views on this issue.
                                           potential compliance violations                            This action is not expected to impose                  Also, the Committee has a number of
                                           stemming from slight variations in                      any additional costs on the industry.                  appointed subcommittees to review
                                           container dimensions.                                   However, it is anticipated that this                   certain issues and make
                                                                                                   action will have a beneficial impact.                  recommendations to the Committee.
                                           Initial Regulatory Flexibility Analysis                 Adding the word ‘‘approximate’’ to the                 The Committee’s Container
                                              Pursuant to requirements set forth in                dimension requirements for the                         Subcommittee met on November 11,
                                           the Regulatory Flexibility Act (RFA) (5                 containers with specific dimensions                    2015, and discussed this issue in detail.
                                           U.S.C. 601–612), the Agricultural                       could prevent possible order violations                That meeting was also a public meeting
                                           Marketing Service (AMS) has                             or potential extra costs associated with               and both large and small entities were
                                           considered the economic impact of this                  replacing incorrect cartons should                     able to participate and express their
                                           action on small entities. Accordingly,                  container manufacturers inadvertently                  views. Finally, interested persons are
                                           AMS has prepared this initial regulatory                generate containers that do not meet                   invited to submit comments on this
                                           flexibility analysis.                                   order requirements. The benefits of this               interim rule, including the regulatory
                                              The purpose of the RFA is to fit                     rule are expected to be equally available              and informational impacts of this action
                                           regulatory actions to the scale of                      to all fresh orange and grapefruit                     on small businesses.
                                           businesses subject to such actions in                   growers and handlers, regardless of their                 A small business guide on complying
                                           order that small businesses will not be                 size.                                                  with fruit, vegetable, and specialty crop
                                           unduly or disproportionately burdened.                     Regarding alternatives to this action,              marketing agreements and orders may
                                           Marketing orders issued pursuant to the                 the Committee considered making no                     be viewed at: http://www.ams.usda.gov/
                                           Act, and the rules issued thereunder, are               changes to the container dimensions,                   rules-regulations/moa/small-businesses.
                                           unique in that they are brought about                   but determined that making the                         Any questions about the compliance
                                           through group action of essentially                     recommended change provides                            guide should be sent to Antoinette
                                           small entities acting on their own                      consistency in the descriptions of all                 Carter at the previously mentioned
                                           behalf.                                                 regulated containers and would help                    address in the FOR FURTHER INFORMATION
                                              There are approximately 170                          prevent potential order violations.                    CONTACT section.
                                           producers of oranges and grapefruit in                  Therefore, the Committee rejected this                   This rule invites comments on a
                                           the production area and 13 handlers                     alternative.                                           change to the container and pack
                                           subject to regulation under the order.                     In accordance with the Paperwork                    requirements currently prescribed under
                                           Small agricultural producers are defined                Reduction Act of 1995 (44 U.S.C.                       the Texas citrus marketing order. Any
                                           by the Small Business Administration                    Chapter 35), the order’s information                   comments received will be considered
                                           (SBA) as those having annual receipts of                collection requirements have been                      prior to finalization of this rule.
                                           less than $750,000, and small                           previously approved by the Office of                     After consideration of all relevant
                                           agricultural service firms are defined as               Management and Budget (OMB) and                        material presented, including the
                                           those whose annual receipts are less                    assigned OMB No. 0581–0189, Generic                    Committee’s recommendation, and
                                           than $7,500,000 (13 CFR 121.201).                       Fruit Crops. No changes in those                       other information, it is found that this
                                              According to Committee data and                      requirements as a result of this action                interim rule, as hereinafter set forth,
                                           information from the National                           are necessary. Should any changes                      will tend to effectuate the declared
                                           Agricultural Statistics Service, the                    become necessary, they would be                        policy of the Act.
                                           average grower price for Texas citrus                   submitted to OMB for approval.                           Pursuant to 5 U.S.C. 553, it is also
                                           during the 2014–15 season was around                       This rule will not impose any                       found and determined upon good cause
                                           $9.53 per box and total shipments were                  additional reporting or recordkeeping                  that it is impracticable, unnecessary,
                                           near 7.8 million boxes. Using the                       requirements on either small or large                  and contrary to the public interest to
                                           average grower price and shipment                       Texas citrus handlers. As with all                     give preliminary notice prior to putting
                                           information, and assuming a normal                      Federal marketing order programs,                      this rule into effect and that good cause
                                           distribution of production among all                    reports and forms are periodically                     exists for not postponing the effective
                                           producers, the majority of producers                    reviewed to reduce information                         date of this rule until 30 days after
                                           would have annual receipts of less than                 requirements and duplication by                        publication in the Federal Register
                                           $750,000. In addition, based on                         industry and public sector agencies.                   because: (1) This action relaxes the
                                           Committee information, the majority of                     AMS is committed to complying with                  current container and pack
ehiers on DSK5VPTVN1PROD with RULES




                                           handlers have annual receipts of less                   the E-Government Act, to promote the                   requirements; (2) the industry is
                                           than $7,500,000 and could be                            use of the internet and other                          currently shipping oranges and
                                           considered small businesses under                       information technologies to provide                    grapefruit; (3) the Committee
                                           SBA’s definition. Thus, the majority of                 increased opportunities for citizen                    unanimously recommended these
                                           Texas citrus producers and handlers                     access to Government information and                   changes at a public meeting and
                                           may be classified as small entities.                    services, and for other purposes.                      interested parties had an opportunity to


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                                                            Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Rules and Regulations                                          38883

                                           provide input; and (4) this rule provides               SUMMARY:    This rule implements a                        The Act provides that administrative
                                           a 60-day comment period and any                         recommendation from the Avocado                        proceedings must be exhausted before
                                           comments received will be considered                    Administrative Committee (Committee)                   parties may file suit in court. Under
                                           prior to finalization of this rule.                     for an increase of the assessment rate                 section 608c(15)(A) of the Act, any
                                                                                                   established for the 2016–17 and                        handler subject to an order may file
                                           List of Subjects in 7 CFR Part 906                                                                             with USDA a petition stating that the
                                                                                                   subsequent fiscal periods from $0.30 to
                                             Grapefruit, Marketing agreements,                     $0.35 per 55-pound bushel container of                 order, any provision of the order, or any
                                           Oranges, Reporting and recordkeeping                    Florida avocados handled under the                     obligation imposed in connection with
                                           requirements.                                           marketing order (order). The Committee                 the order is not in accordance with law
                                             For the reasons set forth in the                      locally administers the order and is                   and request a modification of the order
                                           preamble, 7 CFR part 906 is amended as                  comprised of growers and handlers of                   or to be exempted therefrom. Such
                                           follows:                                                avocados operating within the area of                  handler is afforded the opportunity for
                                                                                                   production. Assessments upon Florida                   a hearing on the petition. After the
                                           PART 906—ORANGES AND                                    avocado handlers are used by the                       hearing, USDA would rule on the
                                           GRAPEFRUIT GROWN IN LOWER RIO                           Committee to fund reasonable and                       petition. The Act provides that the
                                           GRANDE VALLEY IN TEXAS                                  necessary expenses of the program. The                 district court of the United States in any
                                                                                                   fiscal period began on April 1 and ends                district in which the handler is an
                                           ■ 1. The authority citation for 7 CFR                   March 31. The assessment rate will                     inhabitant, or has his or her principal
                                           part 906 continues to read as follows:                  remain in effect indefinitely unless                   place of business, has jurisdiction to
                                               Authority: 7 U.S.C. 601–674.                        modified, suspended, or terminated.                    review USDA’s ruling on the petition,
                                                                                                                                                          provided an action is filed not later than
                                           ■ 2. In § 906.340, paragraphs (a)(1)(i)                 DATES: Effective June 16, 2016.
                                                                                                                                                          20 days after the date of the entry of the
                                           through (iii) are revised to read as                    FOR FURTHER INFORMATION CONTACT:                       ruling.
                                           follows:                                                Doris Jamieson, Marketing Specialist, or                  This rule increases the assessment
                                           § 906.340 Container, pack, and container
                                                                                                   Christian D. Nissen, Regional Director,                rate established for the Committee for
                                           marking regulations.                                    Southeast Marketing Field Office,                      the 2016–17 and subsequent fiscal
                                                                                                   Marketing Order and Agreement                          periods from $0.30 to $0.35 per 55-
                                              (a) * * *
                                                                                                   Division, Specialty Crops Program,                     pound bushel container of avocados.
                                              (1) * * *
                                                                                                   AMS, USDA; Telephone: (863) 324–                          The Florida avocado marketing order
                                              (i) Closed fiberboard carton with
                                                                                                   3375, Fax: (863) 291–8614, or Email:                   provides authority for the Committee,
                                           approximate inside dimensions of 131⁄4
                                                                                                   Doris.Jamieson@ams.usda.gov or                         with the approval of USDA, to formulate
                                           × 101⁄2 × 71⁄4 inches: Provided, That the                                                                      an annual budget of expenses and
                                                                                                   Christian.Nissen@ams.usda.gov.
                                           container has a Mullen or Cady test of                                                                         collect assessments from handlers to
                                           at least 200 pounds;                                       Small businesses may request
                                                                                                   information on complying with this                     administer the program. The members
                                              (ii) Closed fully telescopic fiberboard                                                                     of the Committee are producers and
                                           carton with approximate inside                          regulation by contacting Antoinette
                                                                                                   Carter, Marketing Order and Agreement                  handlers of Florida avocados. They are
                                           dimensions of 161⁄2 × 103⁄4 × 91⁄2 inches:                                                                     familiar with the Committee’s needs and
                                              (iii) Closed fiberboard carton with                  Division, Specialty Crops Program,
                                                                                                   AMS, USDA, 1400 Independence                           with the costs for goods and services in
                                           approximate inside dimensions of 20 ×                                                                          their local area, and are thus in a
                                           131⁄4 inches and a depth from 93⁄4 to 13                Avenue SW., STOP 0237, Washington,
                                                                                                   DC 20250–0237; Telephone: (202) 720–                   position to formulate an appropriate
                                           inches: Provided, That the container has                                                                       budget and assessment rate. The
                                           a Mullen or Cady test of at least 250                   2491, Fax: (202)720–8938, or Email:
                                                                                                   Antoinette.Carter@ams.usda.gov.                        assessment rate is formulated and
                                           pounds: And Provided further, That the                                                                         discussed in a public meeting. Thus, all
                                           container may be used to pack any poly                  SUPPLEMENTARY INFORMATION: This rule
                                                                                                                                                          directly affected persons have an
                                           or mesh bags authorized in this section;                is issued under Marketing Order No.                    opportunity to participate and provide
                                           *       *    *     *     *                              915, as amended (7 CFR part 915),                      input.
                                                                                                   regulating the handling of avocados                       For the 2013–14 and subsequent fiscal
                                             Dated: June 10, 2016.                                 grown in South Florida, hereinafter
                                           Elanor Starmer,                                                                                                periods, the Committee recommended,
                                                                                                   referred to as the ‘‘order.’’ The order is             and USDA approved, an assessment rate
                                           Administrator, Agricultural Marketing                   effective under the Agricultural
                                           Service.
                                                                                                                                                          that would continue in effect from fiscal
                                                                                                   Marketing Agreement Act of 1937, as                    period to fiscal period unless modified,
                                           [FR Doc. 2016–14151 Filed 6–14–16; 8:45 am]             amended (7 U.S.C. 601–674), hereinafter                suspended, or terminated by USDA
                                           BILLING CODE P                                          referred to as the ‘‘Act.’’                            upon recommendation and information
                                                                                                      The Department of Agriculture                       submitted by the Committee or other
                                                                                                   (USDA) is issuing this rule in                         information available to USDA.
                                           DEPARTMENT OF AGRICULTURE                               conformance with Executive Orders                         The Committee met on December 9,
                                           Agricultural Marketing Service                          12866, 13563, and 13175.                               2015, and recommended 2016–17
                                                                                                      This rule has been reviewed under                   expenditures of $302,553 and an
                                           7 CFR Part 915                                          Executive Order 12988, Civil Justice                   assessment rate of $0.35 per 55-pound
                                                                                                   Reform. Under the marketing order now                  bushel container of avocados. In
                                           [Doc. No. AMS–SC–15–0083; SC16–915–2                    in effect, Florida avocado handlers are                comparison, last year’s budgeted
                                           FR]                                                     subject to assessments. Funds to                       expenditures were $602,553. The
                                                                                                   administer the order are derived from                  assessment rate of $0.35 is $0.05 higher
ehiers on DSK5VPTVN1PROD with RULES




                                           Avocados Grown in South Florida;                        such assessments. It is intended that the              than the rate currently in effect. During
                                           Increased Assessment Rate                               assessment rate as issued herein will be               the 2015–16 season, the Committee used
                                           AGENCY:  Agricultural Marketing Service,                applicable to all assessable Florida                   its authorized reserves to fund several
                                           USDA.                                                   avocados beginning on April 1, 2016,                   large research projects to address the
                                                                                                   and continue until amended,                            Laurel Wilt fungus, which can infect
                                           ACTION: Final rule.
                                                                                                   suspended, or terminated.                              and kill avocado trees. This


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Document Created: 2016-06-15 02:21:08
Document Modified: 2016-06-15 02:21:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionInterim rule with request for comments.
DatesEffective June 16, 2016; comments received by August 15, 2016 will be considered prior to issuance of a final rule.
ContactDoris Jamieson, Marketing Specialist, or Christian D. Nissen, Regional Director, Southeast Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (863) 324-3375, Fax: (863) 291-8614, or Email: [email protected] or [email protected]
FR Citation81 FR 38881 
CFR AssociatedGrapefruit; Marketing Agreements; Oranges and Reporting and Recordkeeping Requirements

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