83 FR 14348 - Oranges, Grapefruit, Tangerines, and Pummelos Grown in Florida; Change in Size Requirements for Oranges
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 83, Issue 65 (April 4, 2018)
Agricultural Marketing Service
Federal Register Volume 83, Issue 65 (April 4, 2018)
| Page Range | 14348-14350 | |
| FR Document | 2018-06874 |
[Federal Register Volume 83, Number 65 (Wednesday, April 4, 2018)] [Rules and Regulations] [Pages 14348-14350] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-06874] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 905 [Doc. No. AMS-SC-17-0064; SC17-905-2 FIR] Oranges, Grapefruit, Tangerines, and Pummelos Grown in Florida; Change in Size Requirements for Oranges AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Department of Agriculture adopts as final without change, an interim rule implementing 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). This final rule also continues in effect administrative revisions to the subpart heading to bring the language into conformance with the Office of Federal Register requirements. DATES: Effective April 5, 2018. [[Page 14349]] 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 action, pursuant to 5 U.S.C. 553, amends regulations issued to carry out a marketing order as defined in 7 CFR 900.2(j). 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. Part 905 (referred to as 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 Committee locally administers the Order and is comprised of growers and handlers operating within the production area and one public member. 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). The handling of oranges, grapefruit, tangerines, and pummelos grown in Florida is regulated by 7 CFR part 905. Prior to this change, the minimum size requirement for oranges was 2\8/16\ inches. The reduction in size requirement to 2\4/16\ inches in diameter was established to meet both a market demand for small-sized oranges, as well as a general market shortage of citrus. Losses of citrus production in Florida due to citrus greening and damage caused by Hurricane Irma have resulted in an overall market shortage of citrus fruit. Therefore, this rule continues in effect the rule that relaxed the minimum size requirement for oranges from 2\8/16\ inches to 2\4/16\ inches in diameter. In an interim rule published in the Federal Register on November 16, 2017, and effective on November 17, 2017, (82 FR 53397, Doc. No. AMS-SC-17-0064; SC17-905-2 IR), Sec. 905.306 was amended by changing the minimum diameter for oranges from 2\8/16\ inches to 2\4/16\ inches in diameter. The relaxation in the size requirements would allow more oranges into the market and help maximize shipments. 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 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 continues in effect the interim rule that relaxed 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 orange industry as a result of citrus greening and the September 2017 hurricane in Florida. This rule amends the provisions of Sec. 905.306. Authority for this change is provided in Sec. 905.52 of the Order. This action is not expected to increase costs associated with the Order requirements. Rather, this action will have a beneficial impact. Reducing the size requirements makes additional fruit available for shipment to the fresh market, provides an outlet for fruit that may otherwise go unharvested, and affords more opportunity to meet consumer demand. This change provides additional fruit to fill the shortage cause 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 can 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. 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 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 [[Page 14350]] reduce information requirements and duplication by industry and public sector agencies. USDA has not identified any relevant Federal rules that 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 meeting 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. Comments on the interim rule were required to be received on or before January 16, 2018. Four comments were received during the comment period in response to the proposal. The commenters included three in favor and one raising concerns not applicable to the interim rule. The three commenters in support of the interim rule indicated relaxing the minimum size requirement for domestic shipments from 2\8/ 16\ inches to 2\4/16\ inches in diameter would maximize shipments and reduce the financial burden on industry and consumers. In addition, they stated the reduction in size would mitigate the impact on consumers by allowing more inventory to enter the market. Two commenters mentioned that Florida citrus growers face a financial burden due to decreases in production. One commenter noted that there has been a constant decline in production. Another commenter noted that Hurricane Irma resulted in nearly $760 million in damages to the citrus industry and that growers have reported as high as 70 percent crop loss. Accordingly, no changes will be made to the interim rule based on the comments received. To view the interim rule, go to: https://www.regulations.gov/document?D=AMS-SC-17-0064-0001. This action also affirms information contained in the interim rule concerning Executive Orders 12866, 12988, 13175, 13563, and 13771; 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 (82 FR 53397, November, 16, 2017) will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 905 Grapefruit, Marketing agreements, Oranges, Pummelos, Reporting and recordkeeping requirements, Tangerines. PART 905--ORANGES, GRAPEFRUIT, TANGERINES, AND PUMMELOS GROWN IN FLORIDA Accordingly, the interim rule that amended 7 CFR part 905, which was published at 82 FR 53399 on November 16, 2017, is adopted as final, without change. Dated: March 30, 2018. Bruce Summers, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2018-06874 Filed 4-3-18; 8:45 am] BILLING CODE 3410-02-P
![14348 Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Rules and Regulations
TABLE 1—SUBSTANCES RENEWED IN 2018 SUNSET REVIEW
National list Substance listing
section
§ 205.601 Synthetic substances allowed for use in organic crop production.
(a) ................... As algicide, disinfectants, and sanitizer, including irrigation system cleaning systems.
(3) ................... Copper Sulfate—for use as an algicide in aquatic rice systems, is limited to one application per field during any 24-month pe-
riod. Application rates are limited to those which do not increase baseline soil test values for copper over a timeframe
agreed upon by the producer and accredited certifying agent.
(5) ................... Ozone gas—for use as an irrigation system cleaner only.
(6) ................... Peracetic acid—for use in disinfecting equipment, seed, and asexually propagated planting material. Also permitted in hydro-
gen peroxide formulations as allowed in § 205.601(a) at concentration of no more than 6% as indicated on the pesticide
product label.
(e) ................... As insecticides (including acaricides or mite control).
(4) ................... Copper Sulfate—for use as tadpole shrimp control in aquatic rice production, is limited to one application per field during any
24-month period. Application rates are limited to levels which do not increase baseline soil test values for copper over a
timeframe agreed upon by the producer and accredited certifying agent.
(i) ..................... As plant disease control.
(8) ................... Peracetic acid—for use to control fire blight bacteria. Also permitted in hydrogen peroxide formulations as allowed in
§ 205.601(i) at concentration of no more than 6% as indicated on the pesticide product label.
(m) .................. As synthetic inert ingredients as classified by the Environmental Protection Agency (EPA), for use with nonsynthetic sub-
stances or synthetic substances listed in this section and used as an active pesticide ingredient in accordance with any limi-
tations on the use of such substances.
(2) ................... EPA List 3—Inerts of unknown toxicity—for use only in passive pheromone dispensers.
§ 205.602 Nonsynthetic substances prohibited for use in organic crop production.
(c) .................... Calcium chloride, brine process is natural and prohibited for use except as a foliar spray to treat a physiological disorder asso-
ciated with calcium uptake.
§ 205.605 Nonagricultural (nonorganic) substances allowed as ingredients in or on processed products labeled as ‘‘organic’’ or ‘‘made
with organic (specified ingredients or food group(s)).’’
(a) ................... Nonsynthetics allowed:
Agar-agar.
Animal enzymes—(Rennet-animals derived; Catalase-bovine liver; Animal lipase; Pancreatin; Pepsin; and Trypsin).
Calcium sulfate—mined.
Carrageenan.
Glucono delta-lactone—production by the oxidation of D-glucose with bromine water is prohibited.
Tartaric acid—made from grape wine.
(b) ................... Synthetics allowed:
Cellulose—for use in regenerative casings, as an anti-caking agent (non-chlorine bleached) and filtering aid.
Potassium hydroxide—prohibited for use in lye peeling of fruits and vegetables except when used for peeling peaches.
Silicon dioxide—Permitted as a defoamer. Allowed for other uses when organic rice hulls are not commercially available.
§ 205.606 Nonorganically produced agricultural products allowed as ingredients in or on processed products labeled as ‘‘organic.’’
Only the following nonorganically produced agricultural products may be used as ingredients in or on processed products labeled as ‘‘organic,’’
only in accordance with any restrictions specified in this section, and only when the product is not commercially available in organic form.
(c) .................... Colors derived from agricultural products—Must not be produced using synthetic solvents and carrier systems or any artificial
preservative.
(2) ................... Beta-carotene extract color—derived from carrots or algae (pigment CAS# 7235–40–7).
Authority: 7 U.S.C. 6501–6524. DEPARTMENT OF AGRICULTURE SUMMARY: The Department of
Dated: March 30, 2018. Agriculture adopts as final without
Agricultural Marketing Service change, an interim rule implementing a
Bruce Summers,
recommendation from the Citrus
Acting Administrator, Agricultural Marketing 7 CFR Part 905
Service.
Administrative Committee (Committee)
to relax the minimum size requirements
[FR Doc. 2018–06867 Filed 4–3–18; 8:45 am]
[Doc. No. AMS–SC–17–0064; SC17–905–2 currently prescribed under the
BILLING CODE 3410–02–P FIR] Marketing Order for oranges, grapefruit,
tangerines, and pummelos grown in
Oranges, Grapefruit, Tangerines, and
Florida (Order). This final rule also
Pummelos Grown in Florida; Change
amozie on DSK30RV082PROD with RULES
in Size Requirements for Oranges continues in effect administrative
revisions to the subpart heading to bring
AGENCY: Agricultural Marketing Service, the language into conformance with the
USDA. Office of Federal Register requirements.
ACTION: Final rule. DATES: Effective April 5, 2018.
VerDate Sep<11>2014 16:41 Apr 03, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\04APR1.SGM 04APR1](https://thefederalregister.org/doc/83_FR_14413/page/1.svg)
![14350 Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Rules and Regulations
reduce information requirements and recordkeeping requirements, Doris.Jamieson@ams.usda.gov or
duplication by industry and public Tangerines. Christian.Nissen@ams.usda.gov.
sector agencies. USDA has not Small businesses may request
identified any relevant Federal rules PART 905—ORANGES, GRAPEFRUIT, information on complying with this
that duplicate, overlap or conflict with TANGERINES, AND PUMMELOS regulation by contacting Richard Lower,
this rule. GROWN IN FLORIDA Marketing Order and Agreement
Further, the Committee’s meetings Accordingly, the interim rule that Division, Specialty Crops Program,
were widely publicized throughout the amended 7 CFR part 905, which was AMS, USDA, 1400 Independence
Florida citrus industry and all interested published at 82 FR 53399 on November Avenue SW, STOP 0237, Washington,
persons were invited to attend the 16, 2017, is adopted as final, without DC 20250–0237; Telephone: (202) 720–
meeting and participate in Committee change. 2491, Fax: (202) 720–8938, or Email:
deliberations. Like all Committee Richard.Lower@ams.usda.gov.
meetings, the June 29, 2017, and Dated: March 30, 2018.
SUPPLEMENTARY INFORMATION: This final
September 28, 2017, meetings were Bruce Summers,
rule, pursuant to 5 U.S.C. 553, amends
public meetings and all entities, both Acting Administrator, Agricultural Marketing regulations issued to carry out a
large and small, were able to express Service.
marketing order as defined in 7 CFR
their views on this issue. [FR Doc. 2018–06874 Filed 4–3–18; 8:45 am]
900.2(j). This final rule is issued under
Comments on the interim rule were BILLING CODE 3410–02–P Marketing Agreement and Order No.
required to be received on or before 929, as amended (7 CFR part 929),
January 16, 2018. Four comments were regulating the handling of cranberries
received during the comment period in DEPARTMENT OF AGRICULTURE
grown in the States of Massachusetts,
response to the proposal. The Rhode Island, Connecticut, New Jersey,
commenters included three in favor and Agricultural Marketing Service
Wisconsin, Michigan, Minnesota,
one raising concerns not applicable to Oregon, Washington, and Long Island in
the interim rule. 7 CFR Part 929
the State of New York. Part 929 (referred
The three commenters in support of [Doc. No. AMS–SC–17–0061; SC17–929–2 to as the ‘‘Order’’) is effective under the
the interim rule indicated relaxing the FR] Agricultural Marketing Agreement Act
minimum size requirement for domestic of 1937, as amended (7 U.S.C. 601–674),
shipments from 28⁄16 inches to 24⁄16 Cranberries Grown in States of
hereinafter referred to as the ‘‘Act.’’ The
inches in diameter would maximize Massachusetts, et al.; Free and
Cranberry Marketing Committee
shipments and reduce the financial Restricted Percentages for the 2017–18
(Committee) locally administers the
burden on industry and consumers. In Crop Year for Cranberries
Order and is comprised of growers and
addition, they stated the reduction in AGENCY: Agricultural Marketing Service, handlers of cranberries operating within
size would mitigate the impact on USDA. the production area, and a public
consumers by allowing more inventory member.
ACTION: Final rule.
to enter the market. The Department of Agriculture
Two commenters mentioned that SUMMARY: This rule implements a (USDA) is issuing this rule in
Florida citrus growers face a financial recommendation to establish free and conformance with Executive Orders
burden due to decreases in production. restricted percentages for the 2017–18 13563 and 13175. This action falls
One commenter noted that there has crop year under the marketing order for within a category of regulatory actions
been a constant decline in production. cranberries grown in the production that the Office of Management and
Another commenter noted that area (Order). This action establishes the Budget (OMB) exempted from Executive
Hurricane Irma resulted in nearly $760 proportion of cranberries from the Order 12866 review. Additionally,
million in damages to the citrus 2017–18 crop which may be handled because this rule does not meet the
industry and that growers have reported and allows for the disposal of 2017–18 definition of a significant regulatory
as high as 70 percent crop loss. processed cranberry products. It also
Accordingly, no changes will be made action it does not trigger the
establishes a minimum quantity requirements contained in Executive
to the interim rule based on the exemption and an exemption for
comments received. Order 13771. See OMB’s Memorandum
handlers with no carryover inventory, titled ‘‘Interim Guidance Implementing
To view the interim rule, go to: exempts organically grown cranberries,
https://www.regulations.gov/ Section 2 of the Executive Order of
and defines outlets for restricted fruit. January 30, 2017 titled ‘Reducing
document?D=AMS-SC-17-0064-0001. This action adjusts supply to more
This action also affirms information Regulation and Controlling Regulatory
closely meet market demand, improves Costs’ ’’ (February 2, 2017).
contained in the interim rule concerning
grower and handler returns and reduces This rule has been reviewed under
Executive Orders 12866, 12988, 13175,
inventory. This final rule also contains Executive Order 12988, Civil Justice
13563, and 13771; the Paperwork
formatting changes to subpart references Reform. Order provisions provide that
Reduction Act (44 U.S.C. Chapter 35);
to bring the language into conformance the Committee may recommend and
and the E-Gov Act (44 U.S.C. 101).
After consideration of all relevant with the Office of the Federal Register implement, subject to USDA approval,
material presented, it is found that requirements. volume control regulation that would
finalizing the interim rule, without DATES: Effective May 4, 2018. decrease the available supply of
change, as published in the Federal FOR FURTHER INFORMATION CONTACT: cranberries, whenever the Secretary
Register (82 FR 53397, November, 16, Doris Jamieson, Marketing Specialist, or finds that ‘‘such regulation will tend to
amozie on DSK30RV082PROD with RULES
2017) will tend to effectuate the Christian D. Nissen, Regional Director, effectuate the declared policy of the
declared policy of the Act. Southeast Marketing Field Office, Act.’’ Accordingly, this rule establishes
Marketing Order and Agreement free and restricted percentages for
List of Subjects in 7 CFR Part 905 Division, Specialty Crops Program, cranberries for the 2017–18 crop year,
Grapefruit, Marketing agreements, AMS, USDA; Telephone: (863) 324– beginning September 1, 2017, through
Oranges, Pummelos, Reporting and 3375, Fax: (863) 291–8614, or Email: August 31, 2018.
VerDate Sep<11>2014 16:41 Apr 03, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\04APR1.SGM 04APR1](https://thefederalregister.org/doc/83_FR_14413/page/3.svg)
Document Created: 2018-11-01 09:10:35
Document Modified: 2018-11-01 09:10:35
| 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 | Final rule. | |
| Dates | Effective April 5, 2018. | |
| 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 | 83 FR 14348 | |
| CFR Associated | Grapefruit; Marketing Agreements; Oranges; Pummelos; Reporting and Recordkeeping Requirements and Tangerines |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR