81 FR 67091 - 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 190 (September 30, 2016)
Agricultural Marketing Service
Federal Register Volume 81, Issue 190 (September 30, 2016)
| Page Range | 67091-67092 | |
| FR Document | 2016-23502 |
[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)] [Rules and Regulations] [Pages 67091-67092] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-23502] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 906 [Doc. No. AMS-SC-16-0021; SC16-906-1 FIR] Oranges and Grapefruit Grown in Lower Rio Grande Valley in Texas; Relaxation of Container and Pack Requirements AGENCY: Agricultural Marketing Service, USDA. ACTION: Affirmation of interim rule as final rule. ----------------------------------------------------------------------- SUMMARY: The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim rule implementing a recommendation from the Texas Valley Citrus Committee (Committee) that relaxed the container and pack requirements prescribed under the marketing order for oranges and grapefruit grown in the Lower Rio Grande Valley in Texas (order). The Committee locally administers the order and is comprised of producers and handlers of Texas citrus operating within the area of production. The interim rule added 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 October 3, 2016. 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 obtain information on complying with this and other marketing order and agreement regulations by viewing a guide at the following Web site: http://www.ams.usda.gov/rules-regulations/moa/small-businesses; or by contacting Richard Lower, 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 [[Page 67092]] conformance with Executive Orders 12866, 13563, and 13175. The handling of oranges and grapefruit grown in the Lower Rio Valley in Texas is regulated by 7 CFR part 906. Prior to this change, the descriptions of three of the authorized containers specified exact dimensions whereas the remainder of the containers provide approximate dimensions. The Committee noted 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. Therefore, this rule continues in effect the rule that added 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. In an interim rule published in the Federal Register on June 15, 2016, and effective on June 16, 2016, (81 FR 38881, Doc. No. AMS-SC-16- 0021, SC16-906-1 IR), Sec. 906.340 paragraphs (a)(1)(i) through (iii) were amended by adding the word ``approximate'' to the size specifications of three regulated containers. Final 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 final 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 continues in effect the action that changed Sec. 906.340 of the container, pack, and container marking requirements 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 the 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. 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. 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. Comments on the interim rule were required to be received on or before August 15, 2016. One comment was received in support of the change. The commenter stated that it made sense to add the word ``approximate'' to the rest of the containers to make them consistent with the other containers under the order. The commenter also made other comments which are not relevant to this rulemaking action. Therefore, for the reasons given in the interim rule, we are adopting the interim rule as a final rule, without change. To view the interim rule, go to: https://www.regulations.gov/document?D=AMS-SC-16-0021-0001. This action also affirms information contained in the interim rule concerning Executive Orders 12866, 12988, 13175, and 13563; the Paperwork Reduction Act (44 U.S.C. Chapter 35); and the E-Gov Act (44 U.S.C. 101). After consideration of all relevant material presented, it is found that finalizing the interim rule, without change, as published in the Federal Register (81 FR 38881, June 15, 2016) will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 906 Grapefruit, Marketing agreements, Oranges, Reporting and recordkeeping requirements. PART 906--[AMENDED] 0 Accordingly, the interim rule that amended 7 CFR part 906 and that was published at 81 FR 38881 on June 15, 2016, is adopted as a final rule, without change. Dated: September 23, 2016. Elanor Starmer, Administrator, Agricultural Marketing Service. [FR Doc. 2016-23502 Filed 9-29-16; 8:45 am] BILLING CODE 3410-02-P
![67091
Rules and Regulations Federal Register
Vol. 81, No. 190
Friday, September 30, 2016
This section of the FEDERAL REGISTER OASAM received no comments on the final rule, without change, an interim
contains regulatory documents having general direct final rule. Accordingly, OASAM rule implementing a recommendation
applicability and legal effect, most of which is confirming the effective date of the from the Texas Valley Citrus Committee
are keyed to and codified in the Code of direct final rule as of May 31, 2016. (Committee) that relaxed the container
Federal Regulations, which is published under and pack requirements prescribed under
50 titles pursuant to 44 U.S.C. 1510. List of Subjects
the marketing order for oranges and
The Code of Federal Regulations is sold by 2 CFR Part 2998 grapefruit grown in the Lower Rio
the Superintendent of Documents. Prices of Administrative practice and Grande Valley in Texas (order). The
new books are listed in the first FEDERAL procedure, Government procurement, Committee locally administers the order
REGISTER issue of each week. and is comprised of producers and
Grant programs, Grants administration,
Reporting and recordkeeping handlers of Texas citrus operating
requirements. within the area of production. The
DEPARTMENT OF LABOR interim rule added the word
29 CFR Part 95 ‘‘approximate’’ to the size specifications
2 CFR Part 2998 of three regulated containers to make
Foreign governments, Grants and
agreements with institutions of higher the language consistent with other
29 CFR Parts 95 and 98 containers specified under the order.
education, hospitals, and other non-
RIN 1291–AA38 profit organizations, and with This change provides uniformity in the
commercial organizations, descriptions of containers and helps
Department of Labor Implementation Organizations under the jurisdiction of prevent potential compliance violations
of OMB Guidance on Nonprocurement foreign governments, and International stemming from slight variations in
Debarment and Suspension organizations. container dimensions.
AGENCY: Office of the Assistant DATES: Effective October 3, 2016.
29 CFR Part 98
Secretary for Administration and FOR FURTHER INFORMATION CONTACT:
Management, Department of Labor Governmentwide debarment and Doris Jamieson, Marketing Specialist, or
(OASAM), Department of Labor suspension (nonprocurement). Christian D. Nissen, Regional Director,
ACTION: Final rule; confirmation of Authority and Signature Southeast Marketing Field Office,
effective date. Marketing Order and Agreement
T. Michael Kerr, Assistant Secretary
Division, Specialty Crops Program,
SUMMARY: On April 29, 2016, the of Labor for Administration and
AMS, USDA; Telephone: (863) 324–
Department of Labor, Office of the Management, U.S. Department of Labor,
3375, Fax: (863) 291–8614, or Email:
Assistant Secretary for Administration 200 Constitution Avenue NW.,
Doris.Jamieson@ams.usda.gov or
and Management (OASAM) published Washington, DC 20210, authorized the
Christian.Nissen@ams.usda.gov.
in the Federal Register a direct final preparation of this final rule.
Small businesses may obtain
rule to implement OMB Guidance on Dated: September 16, 2016. information on complying with this and
Nonprocurement Debarment and T. Michael Kerr, other marketing order and agreement
Suspension. The comment period for Assistant Secretary for Administration and regulations by viewing a guide at the
the direct final rule ended on May 31, Management. following Web site: http://
2016, with no comments received. For [FR Doc. 2016–23430 Filed 9–29–16; 8:45 am] www.ams.usda.gov/rules-regulations/
this reason, OASAM is confirming that BILLING CODE 4510–7B–P moa/small-businesses; or by contacting
the direct final rule became effective on Richard Lower, Marketing Order and
May 31, 2016. Agreement Division, Specialty Crops
DATES: The effective date for the direct DEPARTMENT OF AGRICULTURE Program, AMS, USDA, 1400
final rule that published on April 29, Independence Avenue SW., STOP 0237,
2016 (81 FR 25585) was May 31, 2016. Agricultural Marketing Service Washington, DC 20250–0237;
ADDRESSES: Electronic copies of this Telephone: (202) 720–2491, Fax: (202)
Federal Register notice are available at 7 CFR Part 906 720–8938, or Email: Richard.Lower@
http://www.regulation.gov. [Doc. No. AMS–SC–16–0021; SC16–906–1 ams.usda.gov.
FOR FURTHER INFORMATION CONTACT: FIR] SUPPLEMENTARY INFORMATION: This rule
Duyen Tran Ritchie, Office of the Chief is issued under Marketing Agreement
Procurement Officer, (202) 693–7277 Oranges and Grapefruit Grown in and Order No. 906, as amended (7 CFR
[Note: This is not a toll-free telephone Lower Rio Grande Valley in Texas; part 906), regulating the handling of
number]; or by email at Relaxation of Container and Pack oranges and grapefruit grown in the
Requirements
asabaliauskas on DSK3SPTVN1PROD with RULES
Ritchie.duyen.t@dol.gov. Lower Rio Grande Valley in Texas,
SUPPLEMENTARY INFORMATION: AGENCY: Agricultural Marketing Service, hereinafter referred to as the ‘‘order.’’
Confirmation of the effective date: On USDA. The order is effective under the
April 29, 2016, OASAM published a ACTION: Affirmation of interim rule as Agricultural Marketing Agreement Act
direct final rule in the Federal Register final rule. of 1937, as amended (7 U.S.C. 601–674),
to implement OMB Guidance on hereinafter referred to as the ‘‘Act.’’
Nonprocurement Debarment and SUMMARY: The Department of The Department of Agriculture
Suspension. Agriculture (USDA) is adopting, as a (USDA) is issuing this rule in
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![67092 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations
conformance with Executive Orders average grower price for Texas citrus industry and public sector agencies. In
12866, 13563, and 13175. during the 2014–15 season was around addition, USDA has not identified any
The handling of oranges and $9.53 per box, and total shipments were relevant Federal rules that duplicate,
grapefruit grown in the Lower Rio near 7.8 million boxes. Using the overlap or conflict with this rule.
Valley in Texas is regulated by 7 CFR average grower price and shipment Further, the Committee’s meeting was
part 906. Prior to this change, the information, and assuming a normal
descriptions of three of the authorized widely publicized throughout the Texas
distribution of production among all
containers specified exact dimensions citrus industry, and all interested
producers, the majority of producers
whereas the remainder of the containers would have annual receipts of less than persons were invited to attend the
provide approximate dimensions. The $750,000. In addition, based on meeting and participate in Committee
Committee noted that with the Committee information, the majority of deliberations. Like all Committee
containers with specific dimensions, handlers have annual receipts of less meetings, the November 17, 2015,
container manufacturers could than $7,500,000 and could be meeting was a public meeting, and all
inadvertently generate containers that considered small businesses under entities, both large and small, were able
have a small variance in size from the SBA’s definition. Thus, the majority of to express their views on this issue.
specific requirements of the order, Texas citrus producers and handlers Comments on the interim rule were
causing a handler to be out of may be classified as small entities. required to be received on or before
compliance with order requirements. This rule continues in effect the August 15, 2016. One comment was
Therefore, this rule continues in effect action that changed § 906.340 of the received in support of the change. The
the rule that added the word container, pack, and container marking commenter stated that it made sense to
‘‘approximate’’ in the description of the requirements prescribed under the add the word ‘‘approximate’’ to the rest
container sizes of the three containers order. This rule adds the word
of the containers to make them
with specific dimensions to make the ‘‘approximate’’ to the size specifications
consistent with the other containers
language consistent with the of three regulated containers to make
under the order. The commenter also
descriptions of the other containers. the language consistent with other
In an interim rule published in the containers specified under the order. made other comments which are not
Federal Register on June 15, 2016, and This change provides uniformity in the relevant to this rulemaking action.
effective on June 16, 2016, (81 FR descriptions of containers and helps Therefore, for the reasons given in the
38881, Doc. No. AMS–SC–16–0021, prevent potential compliance violations interim rule, we are adopting the
SC16–906–1 IR), § 906.340 paragraphs stemming from slight variations in interim rule as a final rule, without
(a)(1)(i) through (iii) were amended by container dimensions. Authority for the change.
adding the word ‘‘approximate’’ to the change is provided in § 906.40. To view the interim rule, go to:
size specifications of three regulated This action is not expected to impose https://www.regulations.gov/
containers. any additional costs on the industry. document?D=AMS-SC-16-0021-0001.
However, it is anticipated that this
Final Regulatory Flexibility Analysis action will have a beneficial impact. This action also affirms information
Pursuant to requirements set forth in Adding the word ‘‘approximate’’ to the contained in the interim rule concerning
the Regulatory Flexibility Act (RFA) (5 dimension requirements for the Executive Orders 12866, 12988, 13175,
U.S.C. 601–612), the Agricultural containers with specific dimensions and 13563; the Paperwork Reduction
Marketing Service (AMS) has could prevent possible order violations Act (44 U.S.C. Chapter 35); and the E-
considered the economic impact of this or potential extra costs associated with Gov Act (44 U.S.C. 101).
action on small entities. Accordingly, replacing incorrect cartons should After consideration of all relevant
AMS has prepared this final regulatory container manufacturers inadvertently material presented, it is found that
flexibility analysis. generate containers that do not meet finalizing the interim rule, without
The purpose of the RFA is to fit order requirements. The benefits of this change, as published in the Federal
regulatory actions to the scale of rule are expected to be equally available Register (81 FR 38881, June 15, 2016)
businesses subject to such actions in to all fresh orange and grapefruit will tend to effectuate the declared
order that small businesses will not be growers and handlers, regardless of their policy of the Act.
unduly or disproportionately burdened. size.
Marketing orders issued pursuant to the In accordance with the Paperwork List of Subjects in 7 CFR Part 906
Act, and the rules issued thereunder, are Reduction Act of 1995 (44 U.S.C.
unique in that they are brought about Chapter 35), the order’s information Grapefruit, Marketing agreements,
through group action of essentially collection requirements have been Oranges, Reporting and recordkeeping
small entities acting on their own previously approved by the Office of requirements.
behalf. Management and Budget (OMB) and
There are approximately 170 assigned OMB No. 0581–0189, Generic PART 906—[AMENDED]
producers of oranges and grapefruit in Fruit Crops. No changes in those
the production area and 13 handlers requirements as a result of this action ■ Accordingly, the interim rule that
subject to regulation under the order. are necessary. Should any changes amended 7 CFR part 906 and that was
Small agricultural producers are defined become necessary, they would be published at 81 FR 38881 on June 15,
by the Small Business Administration submitted to OMB for approval. 2016, is adopted as a final rule, without
asabaliauskas on DSK3SPTVN1PROD with RULES
(SBA) as those having annual receipts of This rule will not impose any change.
less than $750,000, and small additional reporting or recordkeeping Dated: September 23, 2016.
agricultural service firms are defined as requirements on either small or large
Texas citrus handlers. As with all Elanor Starmer,
those whose annual receipts are less
than $7,500,000 (13 CFR 121.201). Federal marketing order programs, Administrator, Agricultural Marketing
According to Committee data and reports and forms are periodically Service.
information from the National reviewed to reduce information [FR Doc. 2016–23502 Filed 9–29–16; 8:45 am]
Agricultural Statistics Service, the requirements and duplication by BILLING CODE 3410–02–P
VerDate Sep<11>2014 18:28 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4700 Sfmt 9990 E:\FR\FM\30SER1.SGM 30SER1](https://thefederalregister.org/doc/81_FR_67281/page/2.svg)
Document Created: 2018-02-09 13:33:38
Document Modified: 2018-02-09 13:33:38
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Affirmation of interim rule as final rule. | |
| Dates | Effective October 3, 2016. | |
| 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] | |
| FR Citation | 81 FR 67091 | |
| CFR Associated | Grapefruit; Marketing Agreements; Oranges and Reporting and Recordkeeping Requirements |
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