83 FR 17615 - Oranges, Grapefruit, Tangerines and Pummelos Grown in Florida and Imported Grapefruit; Change of Size Requirements for Grapefruit
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 83, Issue 78 (April 23, 2018)
Agricultural Marketing Service
Federal Register Volume 83, Issue 78 (April 23, 2018)
| Page Range | 17615-17616 | |
| FR Document | 2018-08424 |
[Federal Register Volume 83, Number 78 (Monday, April 23, 2018)] [Rules and Regulations] [Pages 17615-17616] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-08424] ======================================================================== 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. 83, No. 78 / Monday, April 23, 2018 / Rules and Regulations [[Page 17615]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Parts 905 and 944 [Doc. No. AMS-SC-17-0063; SC17-905-1 FIR] Oranges, Grapefruit, Tangerines and Pummelos Grown in Florida and Imported Grapefruit; Change of Size Requirements for Grapefruit 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 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 and the grapefruit import regulation. The interim rule relaxed the minimum size requirement for domestic shipments and imports of grapefruit from 3 \5/16\ inches to 3 inches in diameter. DATES: Effective April 24, 2018. 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 obtain information on complying with this and other marketing order regulations by viewing a guide at the following website: 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 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. This rule is also issued under section 8e of the Act, which provides that whenever certain specified commodities, including grapefruit, are regulated under a Federal marketing order, imports of these commodities into the United States are prohibited unless they meet the same or comparable grade, size, quality, or maturity requirements as those in effect for the domestically produced commodities. 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 the Order. Prior to this change, the minimum size requirement for domestic and export shipments of grapefruit was 3 \5/16\ inches. The reduction in size requirement to 3 inches in diameter was established to meet both a market demand for small-sized grapefruit, 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 grapefruit from 3 \5/16\ inches to 3 inches in diameter. In an interim rule published in the Federal Register on November 21, 2017, and effective on November 24, 2017, (82 FR 55305, Doc. No. AMS-SC-17-0063; SC17-905-1 IR), Sec. Sec. 905.306 and 944.106 were amended by changing the minimum diameter for grapefruit from 3 \5/16\ inches to 3 inches in diameter. The change in the size requirements will allow more grapefruit 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. There are approximately 50 citrus importers. 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 grapefruit during the 2016-17 season was $29.40 per box, and total fresh grapefruit shipments were approximately 3.2 million boxes. Using the average f.o.b. [[Page 17616]] price and shipment data, the majority of Florida grapefruit handlers could be considered small businesses under SBA's definition ($29.40 times 3.2 million boxes equals $94.1 million divided by 20 handlers equals $4.7 million per handler). In addition, based on NASS data, the average grower price for the 2016-17 season was $16.02 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 ($16.02 times 3.2 million boxes equals $51,264,000 divided by 500 producers equals $102,528 per handler). Information from the Foreign Agricultural Service, USDA, indicates that the dollar value of imported fresh grapefruit was approximately $11.2 million in 2016. Using this value and the number of importers (approximately 50), most importers would have annual receipts of less than $7,500,000 for grapefruit. Thus, the majority of handlers, producers, and importers of grapefruit may be classified as small entities. South Africa, Peru, and Mexico are the major grapefruit-producing countries exporting grapefruit to the United States. In 2016, shipments of grapefruit imported into the United States totaled approximately 24,000 metric tons. This rule continues in effect the action that reduced the minimum size requirements for grapefruit covered under the Order and imported grapefruit from 3 \5/16\ inches to 3 inches in diameter. This change is expected to maximize shipments by allowing more grapefruit to be shipped to the fresh market while providing greater flexibility to handlers and importers. Further, it helps reduce the losses sustained by the grapefruit industry as a result of citrus greening and Hurricane Irma. This rule amends the provisions of Sec. Sec. 905.306 and 944.106. Authority for the change is provided in Sec. 905.52. The change in the import regulation is required under section 8e of the Act. This action is not expected to increase costs associated with the Order's 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 caused by citrus greening and 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 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 action imposes no additional reporting or recordkeeping requirements on either small or large grapefruit 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. 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 22, 2018. One comment was received during the comment period. The Commenter was in favor of the regulation, and stated that both producers and consumers would benefit from this action. Accordingly, no changes will be made to the interim rule, based on the comment received. To view the interim rule, go to: https://www.regulations.gov/document?D=AMS-SC-17-0063-0001. 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). In accordance with section 8e of the Act, the United States Trade Representative has concurred with the issuance of this final rule. 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 55305, November 21, 2017) will tend to effectuate the declared policy of the Act. List of Subjects 7 CFR Part 905 Grapefruit, Marketing agreements, Oranges, Pummelos, Reporting and recordkeeping requirements, Tangerines. 7 CFR Part 944 Avocados, Food grades and standards, Grapefruit, Grapes, Imports, Kiwifruit, Limes, Olives, Oranges. Accordingly, the interim rule that amended 7 CFR parts 905 and 944 and that was published at 82 FR 55305 on November 21, 2017, is adopted as a final rule, without change. Dated: April 18, 2018. Bruce Summers, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2018-08424 Filed 4-20-18; 8:45 am] BILLING CODE 3410-02-P
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Rules and Regulations Federal Register
Vol. 83, No. 78
Monday, April 23, 2018
This section of the FEDERAL REGISTER AMS, USDA, 1400 Independence well as a general market shortage of
contains regulatory documents having general Avenue SW, STOP 0237, Washington, citrus. Losses of citrus production in
applicability and legal effect, most of which DC 20250–0237; Telephone: (202) 720– Florida due to citrus greening and
are keyed to and codified in the Code of 2491, Fax: (202) 720–8938, or Email: damage caused by Hurricane Irma, have
Federal Regulations, which is published under Richard.Lower@ams.usda.gov. resulted in an overall market shortage of
50 titles pursuant to 44 U.S.C. 1510.
SUPPLEMENTARY INFORMATION: This citrus fruit. Therefore, this rule
The Code of Federal Regulations is sold by action, pursuant to 5 U.S.C. 553, continues in effect the rule that relaxed
the Superintendent of Documents. amends regulations issued to carry out the minimum size requirement for
a marketing order as defined in 7 CFR grapefruit from 3 5⁄16 inches to 3 inches
900.2(j). This rule is issued under in diameter.
DEPARTMENT OF AGRICULTURE Marketing Order No. 905, as amended (7 In an interim rule published in the
CFR part 905), regulating the handling Federal Register on November 21, 2017,
Agricultural Marketing Service and effective on November 24, 2017, (82
of oranges, grapefruit, tangerines, and
pummelos grown in Florida. Part 905 FR 55305, Doc. No. AMS–SC–17–0063;
7 CFR Parts 905 and 944 SC17–905–1 IR), §§ 905.306 and 944.106
(referred to as the ‘‘Order’’) is effective
[Doc. No. AMS–SC–17–0063; SC17–905–1 under the Agricultural Marketing were amended by changing the
FIR] Agreement Act of 1937, as amended (7 minimum diameter for grapefruit from
U.S.C. 601–674), hereinafter referred to 3 5⁄16 inches to 3 inches in diameter. The
Oranges, Grapefruit, Tangerines and change in the size requirements will
as the ‘‘Act.’’ The Committee locally
Pummelos Grown in Florida and allow more grapefruit into the market
administers the Order and is comprised
Imported Grapefruit; Change of Size and help maximize shipments.
of growers and handlers operating
Requirements for Grapefruit
within the production area and one Final Regulatory Flexibility Analysis
AGENCY: Agricultural Marketing Service, public member. Pursuant to requirements set forth in
USDA. This rule is also issued under section the Regulatory Flexibility Act (RFA) (5
ACTION: Affirmation of interim rule as 8e of the Act, which provides that U.S.C. 601–612), the Agricultural
final rule. whenever certain specified Marketing Service (AMS) has
commodities, including grapefruit, are considered the economic impact of this
SUMMARY: The Department of regulated under a Federal marketing
Agriculture (USDA) is adopting, as a action on small entities. Accordingly,
order, imports of these commodities AMS has prepared this final regulatory
final rule, without change, an interim into the United States are prohibited
rule implementing a recommendation flexibility analysis.
unless they meet the same or The purpose of the RFA is to fit
from the Citrus Administrative comparable grade, size, quality, or regulatory actions to the scale of
Committee (Committee) to relax the maturity requirements as those in effect businesses subject to such actions in
minimum size requirements currently for the domestically produced order that small businesses will not be
prescribed under the marketing order commodities. unduly or disproportionately burdened.
for oranges, grapefruit, tangerines, and The Department of Agriculture Marketing orders issued pursuant to the
pummelos grown in Florida and the (USDA) is issuing this rule in Act, and the rules issued thereunder, are
grapefruit import regulation. The conformance with Executive Orders unique in that they are brought about
interim rule relaxed the minimum size 13563 and 13175. This rule falls within through group action of essentially
requirement for domestic shipments and a category of regulatory actions that the small entities acting on their own
imports of grapefruit from 3 5⁄16 inches Office of Management and Budget behalf.
to 3 inches in diameter. (OMB) exempted from Executive Order There are approximately 20 handlers
DATES: Effective April 24, 2018. 12866 review. Additionally, because of Florida citrus who are subject to
FOR FURTHER INFORMATION CONTACT: this rule does not meet the definition of regulation under the Order and
Abigail Campos, Marketing Specialist, a significant regulatory action, it does approximately 500 citrus producers in
or Christian D. Nissen, Regional not trigger the requirements contained the regulated area. There are
Director, Southeast Marketing Field in Executive Order 13771. See OMB’s approximately 50 citrus importers.
Office, Marketing Order and Agreement Memorandum titled ‘‘Interim Guidance Small agricultural service firms are
Division, Specialty Crops Program, Implementing Section 2 of the Executive defined by the Small Business
AMS, USDA; Telephone: (863) 324– Order of January 30, 2017, titled Administration (SBA) as those having
3375, Fax: (863) 291–8614, or Email: ‘Reducing Regulation and Controlling annual receipts of less than $7,500,000,
Abigail.Campos@ams.usda.gov or Regulatory Costs’ ’’ (February 2, 2017). and small agricultural producers are
Christian.Nissen@ams.usda.gov. The handling of oranges, grapefruit, defined as those having annual receipts
Small businesses may obtain tangerines, and pummelos grown in of less than $750,000 (13 CFR 121.201).
information on complying with this and Florida is regulated by the Order. Prior According to data from the National
jstallworth on DSKBBY8HB2PROD with RULES
other marketing order regulations by to this change, the minimum size Agricultural Statistics Service (NASS),
viewing a guide at the following requirement for domestic and export the industry, and the Committee, the
website: http://www.ams.usda.gov/ shipments of grapefruit was 3 5⁄16 average f.o.b. price for Florida grapefruit
rules-regulations/moa/small-businesses; inches. The reduction in size during the 2016–17 season was $29.40
or by contacting Richard Lower, requirement to 3 inches in diameter was per box, and total fresh grapefruit
Marketing Order and Agreement established to meet both a market shipments were approximately 3.2
Division, Specialty Crops Program, demand for small-sized grapefruit, as million boxes. Using the average f.o.b.
VerDate Sep<11>2014 14:32 Apr 20, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\23APR1.SGM 23APR1](https://thefederalregister.org/doc/83_FR_17693/page/1.svg)
![17616 Federal Register / Vol. 83, No. 78 / Monday, April 23, 2018 / Rules and Regulations
price and shipment data, the majority of handlers as they work to recover from Reduction Act (44 U.S.C. Chapter 35);
Florida grapefruit handlers could be the losses stemming from the hurricane. and the E-Gov Act (44 U.S.C. 101).
considered small businesses under This action may also help reduce In accordance with section 8e of the
SBA’s definition ($29.40 times 3.2 harvesting costs. By reducing the Act, the United States Trade
million boxes equals $94.1 million minimum size, more fruit can be Representative has concurred with the
divided by 20 handlers equals $4.7 harvested immediately. This may issuance of this final rule.
million per handler). In addition, based eliminate the need to leave fruit on the After consideration of all relevant
on NASS data, the average grower price tree to increase in size, which requires material presented, it is found that
for the 2016–17 season was $16.02 per follow-up picking later in the season. finalizing the interim rule, without
box. Based on grower price, shipment Given the amount of fruit loss, this change, as published in the Federal
data, and the total number of Florida could help reduce picking costs Register (82 FR 55305, November 21,
citrus growers, the average annual substantially. The benefits of this rule 2017) will tend to effectuate the
grower revenue is below $750,000 are expected to be equally available to declared policy of the Act.
($16.02 times 3.2 million boxes equals all fresh grapefruit growers and
List of Subjects
$51,264,000 divided by 500 producers handlers, regardless of their size.
equals $102,528 per handler). In accordance with the Paperwork 7 CFR Part 905
Information from the Foreign Reduction Act of 1995 (44 U.S.C. Grapefruit, Marketing agreements,
Agricultural Service, USDA, indicates Chapter 35), the Order’s information Oranges, Pummelos, Reporting and
that the dollar value of imported fresh collection requirements have been recordkeeping requirements,
grapefruit was approximately $11.2 previously approved by the Office of Tangerines.
million in 2016. Using this value and Management and Budget (OMB) and
the number of importers (approximately assigned OMB No. 0581–0189, ‘‘Generic 7 CFR Part 944
50), most importers would have annual Fruit Crops.’’ No changes in those Avocados, Food grades and standards,
receipts of less than $7,500,000 for requirements as a result of this action Grapefruit, Grapes, Imports, Kiwifruit,
grapefruit. Thus, the majority of are necessary. Should any changes Limes, Olives, Oranges.
handlers, producers, and importers of become necessary, they would be Accordingly, the interim rule that
grapefruit may be classified as small submitted to OMB for approval. amended 7 CFR parts 905 and 944 and
entities. This action imposes no additional that was published at 82 FR 55305 on
South Africa, Peru, and Mexico are reporting or recordkeeping requirements November 21, 2017, is adopted as a final
the major grapefruit-producing on either small or large grapefruit rule, without change.
countries exporting grapefruit to the handlers. As with all Federal marketing
United States. In 2016, shipments of order programs, reports and forms are Dated: April 18, 2018.
grapefruit imported into the United periodically reviewed to reduce Bruce Summers,
States totaled approximately 24,000 information requirements and Acting Administrator, Agricultural Marketing
metric tons. duplication by industry and public Service.
This rule continues in effect the sector agencies. USDA has not [FR Doc. 2018–08424 Filed 4–20–18; 8:45 am]
action that reduced the minimum size identified any relevant Federal rules BILLING CODE 3410–02–P
requirements for grapefruit covered that duplicate, overlap or conflict with
under the Order and imported grapefruit this rule.
from 3 5⁄16 inches to 3 inches in Further, the Committee’s meetings FEDERAL DEPOSIT INSURANCE
diameter. This change is expected to were widely publicized throughout the CORPORATION
maximize shipments by allowing more Florida citrus industry and all interested
grapefruit to be shipped to the fresh persons were invited to attend the 12 CFR Part 324
market while providing greater meeting and participate in Committee
flexibility to handlers and importers. deliberations. Like all Committee RIN 3064–AE12
Further, it helps reduce the losses meetings, the June 29, 2017, and
September 28, 2017, meetings were Regulatory Capital Rules: Regulatory
sustained by the grapefruit industry as
public meetings and all entities, both Capital, Final Revisions Applicable to
a result of citrus greening and Hurricane
large and small, were able to express Banking Organizations Subject to the
Irma. This rule amends the provisions of
their views on this issue. Advanced Approaches Risk-Based
§§ 905.306 and 944.106. Authority for
Capital Rule
the change is provided in § 905.52. The Comments on the interim rule were
change in the import regulation is required to be received on or before AGENCY: Federal Deposit Insurance
required under section 8e of the Act. January 22, 2018. One comment was Corporation (FDIC).
This action is not expected to increase received during the comment period. ACTION: Final rule; technical
costs associated with the Order’s The Commenter was in favor of the amendment.
requirements. Rather, this action will regulation, and stated that both
have a beneficial impact. Reducing the producers and consumers would benefit SUMMARY: The FDIC is issuing this
size requirements makes additional fruit from this action. technical amendment to return text to
available for shipment to the fresh Accordingly, no changes will be made its regulations that was altered due to a
market, provides an outlet for fruit that to the interim rule, based on the procedural error that allowed a 2014
may otherwise go unharvested, and comment received. rule to become effective on January 1,
jstallworth on DSKBBY8HB2PROD with RULES
affords more opportunity to meet To view the interim rule, go to: 2018. FDIC did not intend for the 2014
consumer demand. This change https://www.regulations.gov/ rule to become effective but did not
provides additional fruit to fill the document?D=AMS-SC-17-0063-0001. rescind it before its effective date. This
shortage caused by citrus greening and This action also affirms information rule returns text to a section on capital
Hurricane Irma. Further, by maximizing contained in the interim rule concerning measures and capital category
shipments, this action will help provide Executive Orders 12866, 12988, 13175, definitions as it appeared before the
additional returns to growers and 13563, and 13771; the Paperwork codification of the 2014 rule.
VerDate Sep<11>2014 14:32 Apr 20, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\23APR1.SGM 23APR1](https://thefederalregister.org/doc/83_FR_17693/page/2.svg)
Document Created: 2018-04-21 00:32:49
Document Modified: 2018-04-21 00:32:49
| 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 April 24, 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 17615 | |
| CFR Citation | 7
CFR
905 7 CFR 944 | |
| CFR Associated | Grapefruit; Marketing Agreements; Oranges; Pummelos; Reporting and Recordkeeping Requirements; Tangerines; Avocados; Food Grades and Standards; Grapes; Imports; Kiwifruit; Limes and Olives |
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