82 FR 53397 - Oranges, Grapefruit, Tangerines, and Pummelos Grown in Florida; Change in Size Requirements for Oranges
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 82, Issue 220 (November 16, 2017)
Agricultural Marketing Service
Federal Register Volume 82, Issue 220 (November 16, 2017)
| Page Range | 53397-53400 | |
| FR Document | 2017-24701 |
[Federal Register Volume 82, Number 220 (Thursday, November 16, 2017)] [Rules and Regulations] [Pages 53397-53400] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-24701] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. ======================================================================== Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Rules and Regulations [[Page 53397]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 905 [Doc. No. AMS-SC-17-0064; SC17-905-2 IR] Oranges, Grapefruit, Tangerines, and Pummelos Grown in Florida; Change in Size Requirements for Oranges AGENCY: Agricultural Marketing Service, USDA. ACTION: Interim rule with request for comments. ----------------------------------------------------------------------- SUMMARY: This rule implements a recommendation from the Citrus Administrative Committee (Committee) to relax the minimum size requirements currently prescribed under the marketing Order for oranges, grapefruit, tangerines, and pummelos grown in Florida (Order). The Committee locally administers the order and is comprised of growers and handlers operating within the production area and one public member. This rule relaxes the minimum size requirements for oranges from 2\8/16\ inches to 2\4/16\ inches in diameter. This rule will maximize shipments by allowing more oranges to be shipped to the fresh market and help reduce the losses sustained by the citrus industry during the September 2017 hurricane in Florida. This rule also contains a formatting change to subpart references to bring the Order language into conformance with Office of Federal Register's guidelines. DATES: Effective November 17, 2017; comments received by January 16, 2018 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: Abigail Campos, 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 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 Order No. 905, as amended (7 CFR part 905), regulating the handling of oranges, grapefruit, tangerines, and pummelos grown in Florida, hereinafter referred to as the ``Order.'' The Order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.'' The Department of Agriculture (USDA) is issuing this rule in conformance with Executive Orders 13563 and 13175. This rule falls within a category of regulatory actions that the Office of Management and Budget (OMB) exempted from Executive Order 12866 review. Additionally, because this rule does not meet the definition of a significant regulatory action it does not trigger the requirements contained in Executive Order 13771. See OMB's Memorandum titled ``Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017, titled `Reducing Regulation and Controlling Regulatory Costs'[thinsp]'' (February 2, 2017). 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 the minimum size requirements for oranges prescribed under the Order. This rule relaxes the minimum size requirements for oranges from 2\8/16\ inches to 2\4/16\ inches in diameter. This rule will maximize shipments by allowing more oranges to be shipped to the fresh market and help reduce the losses sustained by the orange industry during the September 2017 hurricane in Florida. This change was unanimously recommended by the Committee at meetings held on June 29, 2017, and September 28, 2017. Section 905.52 of the Order provides authority to establish minimum size requirements for Florida citrus. Section 905.306 of the rules and regulation issued under the Order specifies, in part, the minimum size requirements for oranges. Requirements for domestic shipments are specified in Sec. 905.306 in Table I of paragraph (a) and export shipments in Table II of paragraph (b). At its June 29, 2017, meeting, the Committee discussed the continuing decline in production as a result of losses from citrus greening, which is affecting the entire production area. The Committee also recognized that some consumers are now showing a preference for smaller-sized fruit. The Committee agreed the current minimum [[Page 53398]] size should be relaxed in order to make additional fruit available for shipment. The Committee met again on September 28, 2017, to discuss the additional damage Hurricane Irma caused to the current crop and revisited the discussion regarding the need to reduce the minimum size requirements. The major orange-growing regions in Florida suffered significant damage and fruit loss from the hurricane. The strong winds from the storm blew substantial volumes of fruit off the trees. The impact of the storm is also expected to produce a much higher than normal fruit drop. The extent of the loss is evident in the official USDA crop estimate for this season, which reflects a 21 percent decrease from last year's estimate. Further, as the industry continues to assess the damage caused by the storm, fruit loss estimates may go even higher. Given the limited supply of fruit due to greening and the impact of Hurricane Irma, the Committee believes relaxing the size requirements for oranges is needed to make more fruit available for shipment. Committee members recognized that with the special circumstances surrounding this season, and with the ongoing impacts of citrus greening, some allowances should be made to assist growers and handlers and provide additional volume to the market. The Committee believes relaxing the size requirements will make more fruit available to meet market demand, help maximize fresh shipments, increase returns to growers and handlers, and help address the losses stemming from the hurricane. Consequently, the Committee recommended changing the minimum size requirements for oranges from 2\8/16\ inches to 2\4/16\ inches in diameter. The Committee also recommended a relaxation in the minimum size requirements for grapefruit covered under the Order. That change is being considered under a separate action. 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 20 handlers of Florida citrus who are subject to regulation under the Order and approximately 500 citrus producers in the regulated area. Small agricultural service firms are defined by the Small Business Administration (SBA) as those having annual receipts of less than $7,500,000, and small agricultural producers are defined as those having annual receipts of less than $750,000 (13 CFR 121.201). According to data from the National Agricultural Statistics Service (NASS), the industry, and the Committee, the average f.o.b. price for Florida oranges during the 2016-17 season was $31.90 per box, and total fresh orange shipments were approximately 2.1 million boxes. Using the average f.o.b. price and shipment data, the majority of Florida orange handlers could be considered small businesses under SBA's definition ($31.90 times 2.1 million boxes equals $66.99 million divided by 20 handlers equals $3,349,500 per handler). In addition, based on the NASS data, the average grower price for the 2016-2017 season was $17.51 per box. Based on grower price, shipment data, and the total number of Florida citrus growers, the average annual grower revenue is below $750,000 ($17.51 times 2.1 million boxes equals $36,771,000 divided by 500 growers equals $73,542 per grower). Thus, the majority of handlers and producers of oranges may be classified as small entities. This rule relaxes the minimum size requirements for oranges covered under the Order from 2\8/16\ inches to 2\4/16\ inches in diameter. This change is expected to maximize shipments by allowing more oranges to be shipped to the fresh market and will help reduce the losses sustained by the grapefruit industry as a result of citrus greening and the September 2017 hurricane in Florida. Authority for this change is provided in Sec. 905.52. This rule amends Sec. 905.306. The Committee unanimously recommended this change at its June 29, 2017, and September 28, 2017, meetings. This action is not expected to increase the costs associated with the Order's requirements. Rather, it is anticipated this action will have a beneficial impact. Reducing the size requirements will make additional fruit available for shipment to the fresh market, provide an outlet for fruit that may otherwise go unharvested, and afford more opportunity to meet consumer demand. This change will provide additional fruit to fill the shortage caused by citrus greening and by Hurricane Irma. Further, by maximizing shipments, this action will help provide additional returns to growers and handlers as they work to recover from the losses stemming from the hurricane. This action may also help reduce harvesting costs. By reducing the minimum size, more fruit will be able to be harvested immediately. This may eliminate the need to leave fruit on the tree to increase in size, which requires follow-up picking later in the season. Given the amount of fruit loss, this could help reduce picking costs substantially. The benefits of this rule are expected to be equally available to all fresh orange growers and handlers, regardless of their size. An alternative to this action would be to maintain the current minimum requirements for domestic shipments of oranges. However, leaving the requirements unchanged would not make additional of fruit available for shipment. Following the significant damage experienced by the industry from the September 2017 hurricane, maximizing shipments will help provide additional returns to growers and handlers as they recover from the loss. Another alternative considered was to reduce the minimum maturity requirements. However, Committee members thought it was important to maintain the maturity requirements to ensure overall quality. Therefore, this alternative was rejected. 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 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 orange 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 [[Page 53399]] duplicate, overlap or conflict with this rule. Further, the Committee's meetings were widely publicized throughout the Florida citrus industry and all interested persons were invited to attend the meetings and participate in Committee deliberations. Like all Committee meetings, the June 29, 2017, and September 28, 2017, meetings were public meetings and all entities, both large and small, were able to express their views on this issue. 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 Richard Lower at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. This rule invites comments on the change to the size requirements for oranges currently prescribed under the Marketing Order for oranges, grapefruit, tangerines, and pummelos grown in Florida. 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. The Florida citrus industry has been dealing with the devastating effects of citrus greening for more than 10 years, resulting in ever smaller harvests, and escalating production costs. The September 2017 hurricane caused significant additional damage and crop loss to the industry, with losses running into the millions of dollars. This rule, in conjunction with a companion rule for grapefruit, will bring some much-needed relief by providing additional fruit for shipment to the fresh market and to increase returns to growers and handlers. Based on the size frequency measurements provided by NASS as part of grapefruit and orange crop estimates, the recommended relaxation in size for both grapefruit and oranges could make an additional 20 to 25 percent of the crop available for shipment to the fresh market. Based on estimates, this could mean an additional volume of about 700,000 boxes of citrus available for shipment. Using an average fresh price per box of around $30, this could provide the industry with an additional $20 million in returns for the 2017-18 season. This rule relieves a restriction on the size of oranges that can be shipped to the fresh market. Therefore, good cause exists for this rule becoming effective one day after publication in the Federal Register. In addition, the Committee unanimously recommended these changes at public meetings, and interested parties had an opportunity to provide input. Further, this rule provides a 60-day comment period and any comments received will be considered prior to finalization of this rule. This rule also contains a formatting change to subpart references to bring the Order language into conformance with Office of Federal Register's guidelines. List of Subjects in 7 CFR Part 905 Grapefruit, Marketing agreements, Oranges, Reporting and recordkeeping requirements, Tangelos, Tangerines. For the reasons set forth in the preamble, 7 CFR part 905 is amended as follows: PART 905--ORANGES, GRAPEFRUIT, TANGERINES, AND PUMMELOS GROWN IN FLORIDA 0 1. The authority citation for 7 CFR part 905 continues to read as follows: Authority: 7 U.S.C. 601-604. [Subpart Redesignated as Subpart A] 0 2. Redesignate ``Subpart--Order Regulating Handling'' as ``Subpart A-- Order Regulating Handling''. [Subpart Redesignated as Subpart B and Amended] 0 3. Redesignate ``Subpart--Rules and Regulations'' as subpart B and revise the heading to read as follows: Subpart B--Administrative Requirements [Subpart Redesignated as Subpart C] 0 4. Redesignate ``Subpart--Assessment Rates'' as ``Subpart C--Assessment Rate''. [Subpart Redesignated as Subpart D] 0 5. Redesignate ``Subpart--Grade and Size Requirements'' as ``Subpart D--Grade and Size Requirements''. 0 6. In Sec. 905.306, Table I in paragraph (a) and Table II in paragraph (b) are amended by revising the entries for ``Early and midseason,'' ``Navel,'' ``Temple,'' and ``Valencia and other late type'' under ``Oranges,'' to read as follows: Sec. 905.306 Orange, Grapefruit, Tangerine and Tangelo Regulation. (a) * * * Table I ---------------------------------------------------------------------------------------------------------------- Minimum Variety Regulation period Minimum grade diameter (inches) (1) (2)....................... (3)....................... (4) ---------------------------------------------------------------------------------------------------------------- Oranges ---------------------------------------------------------------------------------------------------------------- Early and midseason..................... 01/29/90-08/19/90......... U.S. No. 1 Golden......... 2\4/16\ On and after 08/20/90..... U.S. No. 1................ 2\4/16\ Navel............................... On and after 12/7/81...... U.S. No. 1................ 2\4/16\ Temple.............................. On and after 12/7/81...... U.S. No. 1................ 2\4/16\ Valencia and other late type........ September 1-May 14, May 15- U.S. No. 1................ 2\4/16\ June 14. U.S. No. 1 Golden......... 2\4/16\ June 15-August 31......... U.S. No. 2, External/U.S. 2\4/16\ No. 1, Internal. [[Page 53400]] * * * * * * * ---------------------------------------------------------------------------------------------------------------- (b) * * * Table II ---------------------------------------------------------------------------------------------------------------- Minimum Variety Regulation period Minimum grade diameter (inches) (1) (2)....................... (3)....................... (4) ---------------------------------------------------------------------------------------------------------------- Oranges ---------------------------------------------------------------------------------------------------------------- Early and midseason..................... 01/29/90-08/19/90......... U.S. No. 1 Golden......... 2\4/16\ On and after 08/20/90..... U.S. No. 1................ 2\4/16\ Navel............................... On and after 11/24/89..... U.S. No. 1 Golden......... 2\4/16\ Temple.............................. On and after 11/24/89..... U.S. No. 1................ 2\4/16\ Valencia and other late type........ March 23, 1992-9/27/92.... U.S. No. 1................ 2\4/16\ On and after 9/28/92...... U.S. No. 1................ 2\4/16\ * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [Subpart Redesignated as Subpart E and Amended] 0 7. Redesignate ``Subpart--Interpretive Rule'' as subpart E and revise the heading to read as follows: Subpart E--Interpretations Dated: November 9, 2017. Bruce Summers, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2017-24701 Filed 11-15-17; 8:45 am] BILLING CODE 3410-02-P
![53397
Rules and Regulations Federal Register
Vol. 82, No. 220
Thursday, November 16, 2017
This section of the FEDERAL REGISTER (202) 720–8938; or Internet: http:// ‘Reducing Regulation and Controlling
contains regulatory documents having general www.regulations.gov. All comments Regulatory Costs’ ’’ (February 2, 2017).
applicability and legal effect, most of which should reference the document number This rule has been reviewed under
are keyed to and codified in the Code of and the date and page number of this
Federal Regulations, which is published under
Executive Order 12988, Civil Justice
issue of the Federal Register and will be Reform. This rule is not intended to
50 titles pursuant to 44 U.S.C. 1510.
made available for public inspection in have retroactive effect.
The Code of Federal Regulations is sold by the Office of the Docket Clerk during
The Act provides that administrative
the Superintendent of Documents. regular business hours, or can be viewed
proceedings must be exhausted before
at: http://www.regulations.gov. All
parties may file suit in court. Under
comments submitted in response to this
DEPARTMENT OF AGRICULTURE section 608c(15)(A) of the Act, any
rule will be included in the record and
handler subject to an order may file
will be made available to the public.
Agricultural Marketing Service with USDA a petition stating that the
Please be advised that the identity of the
order, any provision of the order, or any
individuals or entities submitting the
7 CFR Part 905 obligation imposed in connection with
comments will be made public on the
the order is not in accordance with law
[Doc. No. AMS–SC–17–0064; SC17–905–2 Internet at the address provided above.
and request a modification of the order
IR] FOR FURTHER INFORMATION CONTACT: or to be exempted therefrom. A handler
Abigail Campos, Marketing Specialist, is afforded the opportunity for a hearing
Oranges, Grapefruit, Tangerines, and or Christian D. Nissen, Regional
Pummelos Grown in Florida; Change on the petition. After the hearing, USDA
Director, Southeast Marketing Field would rule on the petition. The Act
in Size Requirements for Oranges Office, Marketing Order and Agreement provides that the district court of the
AGENCY: Agricultural Marketing Service, Division, Specialty Crops Program, United States in any district in which
USDA. AMS, USDA; Telephone: (863) 324– the handler is an inhabitant, or has his
ACTION: Interim rule with request for 3375, Fax: (863) 291–8614, or Email: or her principal place of business, has
comments. Abigail.Campos@ams.usda.gov or jurisdiction to review USDA’s ruling on
Christian.Nissen@ams.usda.gov. the petition, provided an action is filed
SUMMARY: This rule implements a Small businesses may request not later than 20 days after the date of
recommendation from the Citrus information on complying with this the entry of the ruling.
Administrative Committee (Committee) regulation by contacting Richard Lower,
to relax the minimum size requirements Marketing Order and Agreement This rule relaxes the minimum size
currently prescribed under the Division, Specialty Crops Program, requirements for oranges prescribed
marketing Order for oranges, grapefruit, AMS, USDA, 1400 Independence under the Order. This rule relaxes the
tangerines, and pummelos grown in Avenue SW., STOP 0237, Washington, minimum size requirements for oranges
Florida (Order). The Committee locally DC 20250–0237; Telephone: (202) 720– from 28⁄16 inches to 24⁄16 inches in
administers the order and is comprised 2491, Fax: (202) 720–8938, or Email: diameter. This rule will maximize
of growers and handlers operating Richard.Lower@ams.usda.gov. shipments by allowing more oranges to
within the production area and one be shipped to the fresh market and help
SUPPLEMENTARY INFORMATION: This rule
public member. This rule relaxes the reduce the losses sustained by the
is issued under Marketing Order No.
minimum size requirements for oranges orange industry during the September
905, as amended (7 CFR part 905),
from 28⁄16 inches to 24⁄16 inches in 2017 hurricane in Florida. This change
regulating the handling of oranges,
diameter. This rule will maximize was unanimously recommended by the
grapefruit, tangerines, and pummelos
shipments by allowing more oranges to Committee at meetings held on June 29,
grown in Florida, hereinafter referred to
be shipped to the fresh market and help 2017, and September 28, 2017.
as the ‘‘Order.’’ The Order is effective
reduce the losses sustained by the citrus under the Agricultural Marketing Section 905.52 of the Order provides
industry during the September 2017 Agreement Act of 1937, as amended (7 authority to establish minimum size
hurricane in Florida. This rule also U.S.C. 601–674), hereinafter referred to requirements for Florida citrus. Section
contains a formatting change to subpart as the ‘‘Act.’’ 905.306 of the rules and regulation
references to bring the Order language The Department of Agriculture issued under the Order specifies, in
into conformance with Office of Federal (USDA) is issuing this rule in part, the minimum size requirements for
Register’s guidelines. conformance with Executive Orders oranges. Requirements for domestic
DATES: Effective November 17, 2017; 13563 and 13175. This rule falls within shipments are specified in § 905.306 in
comments received by January 16, 2018 a category of regulatory actions that the Table I of paragraph (a) and export
will be considered prior to issuance of Office of Management and Budget shipments in Table II of paragraph (b).
a final rule. (OMB) exempted from Executive Order At its June 29, 2017, meeting, the
ADDRESSES: Interested persons are 12866 review. Additionally, because Committee discussed the continuing
nshattuck on DSK9F9SC42PROD with RULES
invited to submit written comments this rule does not meet the definition of decline in production as a result of
concerning this rule. Comments must be a significant regulatory action it does losses from citrus greening, which is
sent to the Docket Clerk, Marketing not trigger the requirements contained affecting the entire production area. The
Order and Agreement Division, in Executive Order 13771. See OMB’s Committee also recognized that some
Specialty Crops Program, AMS, USDA, Memorandum titled ‘‘Interim Guidance consumers are now showing a
1400 Independence Avenue SW., STOP Implementing Section 2 of the Executive preference for smaller-sized fruit. The
0237, Washington, DC 20250–0237; Fax: Order of January 30, 2017, titled Committee agreed the current minimum
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![Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Rules and Regulations 53399
duplicate, overlap or conflict with this publication in the Federal Register. The List of Subjects in 7 CFR Part 905
rule. Florida citrus industry has been dealing Grapefruit, Marketing agreements,
Further, the Committee’s meetings with the devastating effects of citrus Oranges, Reporting and recordkeeping
were widely publicized throughout the greening for more than 10 years, requirements, Tangelos, Tangerines.
Florida citrus industry and all interested resulting in ever smaller harvests, and
persons were invited to attend the For the reasons set forth in the
escalating production costs. The preamble, 7 CFR part 905 is amended as
meetings and participate in Committee September 2017 hurricane caused
deliberations. Like all Committee follows:
significant additional damage and crop
meetings, the June 29, 2017, and loss to the industry, with losses running PART 905—ORANGES, GRAPEFRUIT,
September 28, 2017, meetings were into the millions of dollars. This rule, in TANGERINES, AND PUMMELOS
public meetings and all entities, both
conjunction with a companion rule for GROWN IN FLORIDA
large and small, were able to express
grapefruit, will bring some much-
their views on this issue. Finally, ■ 1. The authority citation for 7 CFR
needed relief by providing additional
interested persons are invited to submit part 905 continues to read as follows:
comments on this interim rule, fruit for shipment to the fresh market
including the regulatory and and to increase returns to growers and Authority: 7 U.S.C. 601–604.
informational impacts of this action on handlers. Based on the size frequency [Subpart Redesignated as Subpart A]
small businesses. measurements provided by NASS as
A small business guide on complying part of grapefruit and orange crop ■ 2. Redesignate ‘‘Subpart—Order
with fruit, vegetable, and specialty crop estimates, the recommended relaxation Regulating Handling’’ as ‘‘Subpart A—
marketing agreements and orders may in size for both grapefruit and oranges Order Regulating Handling’’.
be viewed at: http://www.ams.usda.gov/ could make an additional 20 to 25 [Subpart Redesignated as Subpart B
rules-regulations/moa/small-businesses. percent of the crop available for and Amended]
Any questions about the compliance shipment to the fresh market. Based on
guide should be sent to Richard Lower estimates, this could mean an additional ■ 3. Redesignate ‘‘Subpart—Rules and
at the previously mentioned address in volume of about 700,000 boxes of citrus Regulations’’ as subpart B and revise the
the FOR FURTHER INFORMATION CONTACT available for shipment. Using an average heading to read as follows:
section. fresh price per box of around $30, this
This rule invites comments on the Subpart B—Administrative
could provide the industry with an
change to the size requirements for Requirements
additional $20 million in returns for the
oranges currently prescribed under the 2017–18 season. This rule relieves a [Subpart Redesignated as Subpart C]
Marketing Order for oranges, grapefruit, restriction on the size of oranges that
tangerines, and pummelos grown in ■ 4. Redesignate ‘‘Subpart—Assessment
can be shipped to the fresh market.
Florida. Any comments received will be Rates’’ as ‘‘Subpart C—Assessment
Therefore, good cause exists for this rule
considered prior to finalization of this Rate’’.
becoming effective one day after
rule. [Subpart Redesignated as Subpart D]
After consideration of all relevant publication in the Federal Register. In
material presented, including the addition, the Committee unanimously ■ 5. Redesignate ‘‘Subpart—Grade and
Committee’s recommendation, and recommended these changes at public Size Requirements’’ as ‘‘Subpart D—
other information, it is found that this meetings, and interested parties had an Grade and Size Requirements’’.
interim rule, as hereinafter set forth, opportunity to provide input. Further,
■ 6. In § 905.306, Table I in paragraph
will tend to effectuate the declared this rule provides a 60-day comment
(a) and Table II in paragraph (b) are
policy of the Act. period and any comments received will amended by revising the entries for
Pursuant to 5 U.S.C. 553, it is also be considered prior to finalization of ‘‘Early and midseason,’’ ‘‘Navel,’’
found and determined upon good cause this rule. This rule also contains a ‘‘Temple,’’ and ‘‘Valencia and other late
that it is impracticable, unnecessary, formatting change to subpart references type’’ under ‘‘Oranges,’’ to read as
and contrary to the public interest to to bring the Order language into follows:
give preliminary notice prior to putting conformance with Office of Federal
this rule into effect and that good cause Register’s guidelines. § 905.306 Orange, Grapefruit, Tangerine
exists for not postponing the effective and Tangelo Regulation.
date of this rule until 30 days after (a) * * *
TABLE I
Minimum
Variety Regulation period Minimum grade diameter
(inches)
(1) (2) (3) (4)
Oranges
Early and midseason ............................... 01/29/90–08/19/90 .................................. U.S. No. 1 Golden ................................... 24⁄16
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On and after 08/20/90 ............................. U.S. No. 1 ............................................... 24⁄16
Navel ................................................. On and after 12/7/81 ............................... U.S. No. 1 ............................................... 24⁄16
Temple .............................................. On and after 12/7/81 ............................... U.S. No. 1 ............................................... 24⁄16
Valencia and other late type ............. September 1–May 14, May 15–June 14 U.S. No. 1 ............................................... 24⁄16
U.S. No. 1 Golden ................................... 24⁄16
June 15–August 31 ................................. U.S. No. 2, External/U.S. No. 1, Internal 24⁄16
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TABLE I—Continued
Minimum
Variety Regulation period Minimum grade diameter
(inches)
(1) (2) (3) (4)
* * * * * * *
(b) * * *
TABLE II
Minimum
Variety Regulation period Minimum grade diameter
(inches)
(1) (2) (3) (4)
Oranges
Early and midseason ............................... 01/29/90–08/19/90 .................................. U.S. No. 1 Golden ................................... 24⁄16
On and after 08/20/90 ............................. U.S. No. 1 ............................................... 24⁄16
Navel ................................................. On and after 11/24/89 ............................. U.S. No. 1 Golden ................................... 24⁄16
Temple .............................................. On and after 11/24/89 ............................. U.S. No. 1 ............................................... 24⁄16
Valencia and other late type ............. March 23, 1992–9/27/92 ......................... U.S. No. 1 ............................................... 24⁄16
On and after 9/28/92 ............................... U.S. No. 1 ............................................... 24⁄16
* * * * * * *
* * * * * –102B1A, –102B1A1, –102B1A2, without significant modifications
–102B1A3, and –93B1A. In these special making the test vehicle non-
[Subpart Redesignated as Subpart E
conditions, the engine models will be representative of the type design.
and Amended]
referred to as ‘‘GE9X.’’ The engines will
Discussion
■ 7. Redesignate ‘‘Subpart—Interpretive have novel or unusual design features
Rule’’ as subpart E and revise the associated with the engine design. The An alternative endurance test cycle
heading to read as follows: applicable airworthiness regulations do has been developed that provides a level
not contain adequate or appropriate of safety equivalent with that intended
Subpart E—Interpretations safety standards for these design by § 33.87. The alternate endurance test
features. These special conditions provides the test conditions that allow
Dated: November 9, 2017. contain the additional safety standards the engine to be run in type design
Bruce Summers, that the Administrator considers configuration and demonstrate engine
Acting Administrator, Agricultural Marketing necessary to establish a level of safety operability and durability as well as
Service. equivalent to that established by the systems functionality to a level intended
[FR Doc. 2017–24701 Filed 11–15–17; 8:45 am] existing airworthiness standards. by the current § 33.87 rule.
These special conditions provide the
BILLING CODE 3410–02–P DATES: Effective December 18, 2017.
necessary conditions for verification of
FOR FURTHER INFORMATION CONTACT: engine-level and component-level
Diane Cook, AIR–6A1, Engine and effects as intended by the current
DEPARTMENT OF TRANSPORTATION Propeller Standards Branch, Aircraft § 33.87 Endurance test. The test is run
Certification Service, 1200 District in engine type design configuration,
Federal Aviation Administration Avenue, Burlington, Massachusetts with only limited test enabling
01803–5213; telephone (781) 238–7111; modifications as needed. The special
14 CFR Part 33 facsimile (781) 238–7199; email conditions include a demonstration for
[Docket No. FAA–2017–0537; Notice No. 33– diane.cook@faa.gov. the oil, fuel, air bleed, and accessory
17–02–SC] SUPPLEMENTARY INFORMATION: drive systems as required in the current
Special Conditions: General Electric § 33.87 Endurance test.
Background
The equivalent level of severity
Company, GE9X Engine Models;
On January 29, 2016, General Electric intended by the § 33.87 Endurance test
Endurance Test Special Conditions
Company (GE) applied for a type is provided by an engine test
AGENCY: Federal Aviation certificate for their new GE9X turbofan demonstration at the gas path limiting
nshattuck on DSK9F9SC42PROD with RULES
Administration (FAA), DOT. engine models. The GE9X engine temperature and at shaft speed redlines
ACTION: Final special conditions. models are high-bypass-ratio engines and at the most extreme shaft speeds as
that incorporate novel or unusual design determined through a critical point
SUMMARY: These special conditions are features. The GE9X engine models analysis (CPA). In addition, times on
issued for the General Electric Company incorporate new technologies such that condition and cycle counts were
turbofan engine models GE9X–105B1A, the company cannot run the endurance developed to allow additional
–105B1A1, –105B1A2, –105B1A3, test conditions prescribed in § 33.87 challenges to the novel or unusual
VerDate Sep<11>2014 14:33 Nov 15, 2017 Jkt 244001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\16NOR1.SGM 16NOR1](https://thefederalregister.org/doc/82_FR_53617/page/4.svg)
Document Created: 2017-11-16 03:53:11
Document Modified: 2017-11-16 03:53:11
| 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 | Interim rule with request for comments. | |
| Dates | Effective November 17, 2017; comments received by January 16, 2018 will be considered prior to issuance of a final rule. | |
| Contact | Abigail Campos, 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 | 82 FR 53397 | |
| CFR Associated | Grapefruit; Marketing Agreements; Oranges; Reporting and Recordkeeping Requirements; Tangelos and Tangerines |
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