83 FR 53003 - Oranges, Grapefruit, Tangerines, and Pummelos Grown in Florida and Imported Grapefruit; Change in Grade and Size Requirements
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 83, Issue 203 (October 19, 2018)
Agricultural Marketing Service
Federal Register Volume 83, Issue 203 (October 19, 2018)
| Page Range | 53003-53007 | |
| FR Document | 2018-22758 |
[Federal Register Volume 83, Number 203 (Friday, October 19, 2018)] [Proposed Rules] [Pages 53003-53007] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-22758] ======================================================================== Proposed Rules Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. ======================================================================== Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Proposed Rules [[Page 53003]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Parts 905 and 944 [Doc. AMS-SC-18-0046; SC18-905-3 PR] Oranges, Grapefruit, Tangerines, and Pummelos Grown in Florida and Imported Grapefruit; Change in Grade and Size Requirements AGENCY: Agricultural Marketing Service, USDA. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: This proposed rule invites comments on a recommendation from the Citrus Administrative Committee (Committee) to relax the minimum grade requirements for oranges and tangerines, remove grade and size requirements for Ambersweet and Temple oranges, and simplify the tables outlining the grade and size requirements for interstate and export shipments currently prescribed under the marketing order for oranges, grapefruit, tangerines, and pummelos grown in Florida. A corresponding change would be made to the grapefruit import regulation as required by section 8e of the Agricultural Marketing Agreement Act of 1937. DATES: Comments must be received by November 19, 2018. 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 action, pursuant to 5 U.S.C. 553, proposes amendments to regulations issued to carry out a marketing order as defined in 7 CFR 900.2(j). This proposed 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 producers and handlers of citrus operating within the area of production, and a 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 proposed rule in conformance with Executive Orders 13563 and 13175. This action falls within a category of regulatory actions that the Office of Management and Budget (OMB) exempted from Executive Order 12866 review. Additionally, because this proposed 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' '' (February 2, 2017). This proposed 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. There are no administrative procedures that must be exhausted prior to any judicial challenge to the provisions of import regulations issued under section 8e of the Act. This proposed rule invites comments on changes to the grade and size requirements under the Order. This proposal would relax the minimum grade requirements for oranges and Fall-glo, Sunburst, and Honey tangerines from U.S. No. 1 to U.S. No. 2. This action would also remove grade and size requirements for Ambersweet and Temple oranges and simplify the tables outlining the grade and size requirements for interstate and export shipments. These actions would maximize shipments by allowing more citrus to be shipped to the fresh market and would help increase returns to growers and handlers. These changes [[Page 53004]] were unanimously recommended by the Committee on April 26, 2018. Section 905.52 provides authority to establish minimum grade requirements for Florida citrus. Section 905.306 specifies, in part, the minimum grade requirements for citrus. Requirements for domestic shipments are specified in Sec. 905.306 in Table I of paragraph (a) and for export shipments in Table II of paragraph (b). Minimum grade and size requirements for grapefruit imported into the United States are currently in effect pursuant to Sec. 944.106. The Committee met on April 26, 2018, and discussed ways to provide additional supplies of Florida citrus to the marketplace and increase grower and handler returns. Committee members recognized that with the ongoing impacts of citrus greening, some adjustments should be made to assist growers and handlers and provide for the utilization of additional volume of Florida citrus in the fresh market. Citrus greening has caused the steady decline in Florida citrus production and has spread to all citrus producing counties in Florida. From the 2011-12 to the 2016-17 season, citrus greening has reduced Florida's orange production by 53 percent and tangerine production by 67 percent. During the same period, fresh shipments have declined by 54 percent for oranges and 80 percent for tangerines. The industry suffered additional production losses as a result of damage from Hurricane Irma in September 2017. According to USDA`s National Agricultural Statistics Service (NASS), production for the 2016-17 season totaled 68.8 million boxes for oranges and 1.6 million boxes for tangerines. For the 2017-18 season, the forecasted production is expected to decrease by 34 percent for oranges and 53 percent for tangerines. Also, the citrus trees may take several seasons to recover from the hurricane damage, further impacting production and supply. Given the decrease in production, the Committee recommended relaxing the minimum grade requirements for oranges and Fallglo, Sunburst, and Honey tangerines from U.S. No. 1 to U.S. No. 2. During the discussion of this change, one Committee member stated the reduction in grade could help address the limited volumes of fruit available in the market. It was also stated that there was a good fresh juice market for the U.S. No. 2 orange and that this change could help promote the sale of more oranges for the fresh juice market. For tangerines, it was stated that the very limited volume of tangerines being produced in Florida was causing a supply concern for shippers. Members agreed that lowering the grade for tangerines would promote increased shipments. The Committee believes relaxing the grade from U.S. No. 1 to U.S. No. 2 for oranges and Fallglo, Sunburst, and Honey tangerines would allow growers and handlers to utilize a greater percentage of the crop and would make more fruit available for shipment. By implementing this change, the industry would be able to put an additional 300,000 cartons or more into the fresh market, helping to maximize shipments and to increase grower and handler returns. The Committee also discussed the limited production of Ambersweet and Temple oranges (also known as Royal tangerines). In the past, the Committee has considered removing the grade and size requirements for varieties with limited commercial value due to the very limited supplies available for shipment. Last season, Ambersweet oranges accounted for 4,280 cartons and Temple oranges accounted for a total of 40,227 cartons sold. Given the decline in production, the Committee recommended removing restrictions on grade and size for Ambersweet and Temple oranges to maximize remaining shipments. The Committee also recommended simplifying Table I and Table II in Sec. 905.306, which outline the grade and size requirements for interstate and export shipments, to have them better reflect current industry requirements. Over the past few years, the Committee has made ongoing changes to both grade and size for a number of Florida citrus varieties. These changes have moved grade and size requirements toward greater commonality for both oranges and grapefruit. With the grade change considered above, there would be no differences in grade and size requirements for the various types and varieties of oranges listed in the table. Therefore, the Committee recommended that ``Early and midseason'' oranges be consolidated with ``Navel'' and ``Valencia and other late type'' oranges into one ``Oranges'' classification. For grapefruit, the grade and size requirements for the two listed categories are already the same. ``Seedless, red'' and ``Seedless, except red'' would be combined into one ``Grapefruit, seedless'' classification. In addition, the Committee recommended removing the ``Regulation Period'' column from the two tables. With the exception of the dates listed in Table I for Valencia and other late type oranges, the various dates listed are no longer applicable and are not reflective of the current industry. The grade change proposed for oranges would also negate the need for the current dates listed for Valencia and other late type oranges. The Committee made these recommendations to simplify the tables to reflect changes in the industry. Section 8e of the Act provides that when certain domestically produced commodities, including grapefruit, are regulated under a Federal marketing order, imports of that commodity must meet the same or comparable grade, size, quality, and maturity requirements. Because this proposed rule would combine ``Seedless, red'' and ``Seedless, except red'' into one classification for grapefruit in the two domestic handling regulation tables as well as remove the ``Regulation Period'' column from those tables, a corresponding change to the table in the grapefruit import regulations would be required. Further, two minor administrative changes would be made to Sec. 944.106. In Sec. 944.106(c), the reference to ``Sec. 905.306'' would be revised to read ``Sec. 905.306(a) through (d)'' so that the requirements specifically applicable to imports are more clearly defined. Additionally, Sec. 944.106(d) would be updated to reflect the revised name of the Agricultural Marketing Service (AMS) program area that oversees federal marketing orders. The Committee also recommended establishing new reporting requirements under the Order. That change is being considered under a separate rulemaking action. Initial Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), 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. There are approximately 50 citrus importers. Small agricultural service firms are defined by the Small Business [[Page 53005]] 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 NASS, the industry, and the Committee, the weighted average f.o.b. price for Florida citrus for the 2016-17 season was approximately $15.20 per carton with total shipments of 12.6 million cartons. Using the number of handlers, and assuming a normal distribution, the majority of handlers have average annual receipts of more than $7,500,000 ($15.20 times 12.6 million equals $191,520,000 divided by 20 handlers equals $9,576,000 per handler). In addition, based on the NASS data, the weighted average grower price for the 2016-17 season was around $8.30 per carton of citrus. Based on grower price, shipment data, and the total number of Florida citrus growers, and assuming a normal distribution, the average annual grower revenue is below $750,000 ($8.30 times 12.6 million cartons equals $104,580,000 divided by 500 growers equals $209,160 per grower). 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. Information from USDA's Foreign Agricultural Service 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. Based on the previously described estimates, the majority of handlers of Florida citrus may be classified as large entities, while the majority of growers and importers may be classified as small entities. This proposed rule would relax the minimum grade requirements for oranges and tangerines from U.S. No. 1 to U.S. No. 2, remove grade and size requirements for Ambersweet and Temple oranges, and simplify the tables outlining the grade and size requirements for interstate and export shipments. These changes would help maximize shipments by allowing more citrus to be shipped to the fresh market and would provide some additional fruit to address the losses resulting from citrus greening and the September 2017 hurricane. This proposed rule would revise Sec. 905.306. Authority for this change is provided in Sec. 905.52. This proposed rule would also change Sec. 944.106 in the grapefruit import regulation and is required by section 8e of the Act. This action is not expected to increase the costs associated with the Order's requirements or the grapefruit import regulation. Rather, it is anticipated that this action would have a beneficial impact. Reducing the grade requirements would 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. These changes would provide additional fruit to fill the shortage caused by citrus greening and by Hurricane Irma. By maximizing shipments, this action would help provide additional returns to growers and handlers. Further, removing the grade and size requirements for Ambersweet and Temple oranges would also help maximize shipments of these varieties impacted by declining production. The benefits of this rule would also be equally available to all growers, handlers, and importers, regardless of their size. An alternative to this action would be to maintain the current minimum grade requirements for domestic shipments of oranges and tangerines. However, leaving the requirements unchanged would not make additional fruit available for shipment. Following the significant damage experienced by the industry from citrus greening and the September 2017 hurricane, maximizing shipments would help provide additional returns to growers and handlers. 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, Fruit Crops. No changes in those requirements are necessary as a result of this action. Should any changes become necessary, they would be submitted to OMB for approval. This proposed rule will not impose any additional reporting or recordkeeping requirements on either small or large Florida citrus handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. AMS is committed to complying with the E-Government Act, to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. In addition, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. The Committee's meeting was widely publicized throughout the citrus industry, and all interested persons were invited to attend the meeting and participate in Committee deliberations. Like all Committee meetings, the April 26, 2018, meeting was a public meeting, and all entities, both large and small, were able to express their views on this issue. Interested persons are invited to submit comments on this proposed rule, including the regulatory and information collection 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. In accordance with section 8e of the Act, the United States Trade Representative has concurred with the issuance of this proposed rule. A 30-day comment period is provided to allow interested persons to respond to this proposal. All written comments timely received will be considered before a final determination is made on this matter. List of Subjects 7 CFR Part 905 Grapefruit, Marketing agreements, Oranges, Pummelos, Reporting and recordkeeping requirements, Tangelos, Tangerines. 7 CFR Part 944 Avocados, Food grades and standards, Grapefruit, Grapes, Imports, Kiwifruit, Limes, Olives, Oranges. For the reasons set forth in the preamble, parts 905 and 944 are proposed to be amended as follows: PART 905--ORANGES, GRAPEFRUIT, TANGERINES, AND PUMMELOS GROWN IN FLORIDA 0 1. The authority citation for part 905 and part 944 continues to read as follows: Authority: 7 U.S.C. 601-674. 0 2. Amend Sec. 905.306 by [[Page 53006]] 0 a. Revising paragraph (a), Table I to paragraph (a), paragraph (b), and Table II to paragraph (b); and 0 b. Redesignating Table III as Table III to paragraph (e) and in paragraph (e)(1) adding the words ``to paragraph (e)'' after ``Table III.'': Sec. 905.306 Orange, Grapefruit, Tangerine and Tangelo Regulation. (a) No handler shall ship between the production area and any point outside thereof, in the 48 contiguous States and the District of Columbia of the United States, any variety of fruit listed in column (1) of Table I to paragraph (a), except for Ambersweet and Temple, unless such variety meets the applicable minimum grade and size (with tolerances for size as specified in paragraph (c) of this section) specified for such variety in columns (2) and (3) of Table I to paragraph (a): Provided, That all grapefruit meet the minimum maturity requirements specified in paragraph (e) of this section. Table I to Paragraph (a) ------------------------------------------------------------------------ Minimum diameter Variety Minimum grade (inches) (1) (2)................ (3) ------------------------------------------------------------------------ Oranges.......................... U.S. No. 2......... 2-4/16 Grapefruit, Seedless............. U.S. No. 1......... 3 Tangerines: Fallglo...................... U.S. No. 2......... 2-6/16 Honey........................ U.S. No. 2......... 2-6/16 Sunburst..................... U.S. No. 2......... 2-6/16 Tangelos......................... U.S. No. 1......... 2-8/16 ------------------------------------------------------------------------ (b) No handler shall ship to any destination outside the 48 contiguous States and the District of Columbia of the United States any variety of fruit listed in column (1) of Table II to paragraph (b), except for Ambersweet and Temple, unless such variety meets the applicable minimum grade and size (with tolerances for size as specified in paragraph (c) of this section) specified for such variety in columns (2) and (3) of Table II to paragraph (b): Provided, That all grapefruit meet the minimum maturity requirements specified in paragraph (e) of this section. Table II to Paragraph (b) ------------------------------------------------------------------------ Minimum diameter Variety Minimum grade (inches) (1) (2)................ (3) ------------------------------------------------------------------------ Oranges.......................... U.S. No. 2......... 2-4/16 Grapefruit, Seedless............. U.S. No. 1......... 3 Tangerines: Fallglo...................... U.S. No. 2......... 2-6/16 Honey........................ U.S. No. 2......... 2-6/16 Sunburst..................... U.S. No. 2......... 2-6/16 Tangelos......................... U.S. No. 1......... 2-8/16 ------------------------------------------------------------------------ * * * * * PART 944--FRUITS; IMPORT REGULATIONS 0 3. In Sec. 944.106 0 a. Revise the table in paragraph (a) and designate it as Table 1 to Sec. 944.106; 0 b. Revise paragraph (c) and the first sentence in paragraph (d). The revisions to read as follows: Sec. 944.106 Grapefruit import regulation. (a) * * * Table 1 to Sec. 944.106 ------------------------------------------------------------------------ Minimum diameter Grapefruit classification Minimum grade (inches) (1) (2)................ (3) ------------------------------------------------------------------------ Grapefruit, seedless............. U.S. No. 1......... 3 ------------------------------------------------------------------------ * * * * * (c) Terms and tolerances pertaining to grade and size requirements, which are defined in the United States Standards for Grades of Florida Grapefruit (7 CFR 51.750-51.784), and in Marketing Order No. 905 (7 CFR 905.18 and 905.306(a) through (d)), shall be applicable herein. (d) The Federal or Federal-State Inspection Service, Specialty Crops Program, Agricultural Marketing Service, United States Department of Agriculture, is designated as the governmental inspection service for certifying the grade, size, quality, and [[Page 53007]] maturity of grapefruit imported into the United States. * * * * * * * * Dated: October 15, 2018. Bruce Summers, Administrator, Agricultural Marketing Service. [FR Doc. 2018-22758 Filed 10-18-18; 8:45 am] BILLING CODE 3410-02-P
![53003
Proposed Rules Federal Register
Vol. 83, No. 203
Friday, October 19, 2018
This section of the FEDERAL REGISTER rule will be included in the record and that the Office of Management and
contains notices to the public of the proposed will be made available to the public. Budget (OMB) exempted from Executive
issuance of rules and regulations. The Please be advised that the identity of the Order 12866 review. Additionally,
purpose of these notices is to give interested individuals or entities submitting the because this proposed rule does not
persons an opportunity to participate in the comments will be made public on the meet the definition of a significant
rule making prior to the adoption of the final
rules.
internet at the address provided above. regulatory action, it does not trigger the
FOR FURTHER INFORMATION CONTACT: requirements contained in Executive
Abigail Campos, Marketing Specialist, Order 13771. See OMB’s Memorandum
DEPARTMENT OF AGRICULTURE or Christian D. Nissen, Regional titled ‘‘Interim Guidance Implementing
Director, Southeast Marketing Field Section 2 of the Executive Order of
Agricultural Marketing Service Office, Marketing Order and Agreement January 30, 2017, titled ‘Reducing
Division, Specialty Crops Program, Regulation and Controlling Regulatory
7 CFR Parts 905 and 944 AMS, USDA; Telephone: (863) 324– Costs’ ’’ (February 2, 2017).
[Doc. AMS–SC–18–0046; SC18–905–3 PR] 3375, Fax: (863) 291–8614, or Email: This proposed rule has been reviewed
Abigail.Campos@ams.usda.gov or under Executive Order 12988, Civil
Oranges, Grapefruit, Tangerines, and Christian.Nissen@ams.usda.gov. Justice Reform. This rule is not intended
Pummelos Grown in Florida and Small businesses may request to have retroactive effect.
Imported Grapefruit; Change in Grade information on complying with this
The Act provides that administrative
and Size Requirements regulation by contacting Richard Lower,
proceedings must be exhausted before
Marketing Order and Agreement
AGENCY: Agricultural Marketing Service, parties may file suit in court. Under
Division, Specialty Crops Program,
USDA. section 608c(15)(A) of the Act, any
AMS, USDA, 1400 Independence
handler subject to an order may file
ACTION: Proposed rule. Avenue SW, STOP 0237, Washington,
with USDA a petition stating that the
DC 20250–0237; Telephone: (202) 720–
SUMMARY: This proposed rule invites order, any provision of the order, or any
2491, Fax: (202) 720–8938, or Email:
comments on a recommendation from obligation imposed in connection with
Richard.Lower@ams.usda.gov.
the Citrus Administrative Committee the order is not in accordance with law
SUPPLEMENTARY INFORMATION: This and request a modification of the order
(Committee) to relax the minimum
action, pursuant to 5 U.S.C. 553, or to be exempted therefrom. A handler
grade requirements for oranges and
proposes amendments to regulations is afforded the opportunity for a hearing
tangerines, remove grade and size
issued to carry out a marketing order as on the petition. After the hearing, USDA
requirements for Ambersweet and
defined in 7 CFR 900.2(j). This proposed would rule on the petition. The Act
Temple oranges, and simplify the tables
rule is issued under Marketing Order provides that the district court of the
outlining the grade and size
No. 905, as amended (7 CFR part 905), United States in any district in which
requirements for interstate and export
regulating the handling of oranges, the handler is an inhabitant, or has his
shipments currently prescribed under
grapefruit, tangerines, and pummelos or her principal place of business, has
the marketing order for oranges,
grown in Florida. Part 905 (referred to jurisdiction to review USDA’s ruling on
grapefruit, tangerines, and pummelos
as the ‘‘Order’’) is effective under the the petition, provided an action is filed
grown in Florida. A corresponding
Agricultural Marketing Agreement Act not later than 20 days after the date of
change would be made to the grapefruit
of 1937, as amended (7 U.S.C. 601–674), the entry of the ruling.
import regulation as required by section
hereinafter referred to as the ‘‘Act.’’ The
8e of the Agricultural Marketing There are no administrative
Committee locally administers the
Agreement Act of 1937. procedures that must be exhausted prior
Order and is comprised of producers
DATES: Comments must be received by and handlers of citrus operating within to any judicial challenge to the
November 19, 2018. the area of production, and a public provisions of import regulations issued
ADDRESSES: Interested persons are member. under section 8e of the Act.
invited to submit written comments This rule is also issued under section This proposed rule invites comments
concerning this rule. Comments must be 8e of the Act, which provides that on changes to the grade and size
sent to the Docket Clerk, Marketing whenever certain specified requirements under the Order. This
Order and Agreement Division, commodities, including grapefruit, are proposal would relax the minimum
Specialty Crops Program, AMS, USDA, regulated under a Federal marketing grade requirements for oranges and Fall-
1400 Independence Avenue SW, STOP order, imports of these commodities glo, Sunburst, and Honey tangerines
0237, Washington, DC 20250–0237; Fax: into the United States are prohibited from U.S. No. 1 to U.S. No. 2. This
(202) 720–8938; or internet: http:// unless they meet the same or action would also remove grade and size
www.regulations.gov. All comments comparable grade, size, quality, or requirements for Ambersweet and
amozie on DSK3GDR082PROD with PROPOSALS1
should reference the document number maturity requirements as those in effect Temple oranges and simplify the tables
and the date and page number of this for the domestically produced outlining the grade and size
issue of the Federal Register and will be commodities. requirements for interstate and export
made available for public inspection in The Department of Agriculture shipments. These actions would
the Office of the Docket Clerk during (USDA) is issuing this proposed rule in maximize shipments by allowing more
regular business hours, or can be viewed conformance with Executive Orders citrus to be shipped to the fresh market
at: http://www.regulations.gov. All 13563 and 13175. This action falls and would help increase returns to
comments submitted in response to this within a category of regulatory actions growers and handlers. These changes
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![Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Proposed Rules 53007
maturity of grapefruit imported into the Comments should be submitted by Commission, 100 F Street NE,
United States. * * * November 19, 2018. Washington, DC 20549–7010.
* * * * * ADDRESSES: Comments may be SUPPLEMENTARY INFORMATION:
Dated: October 15, 2018. submitted by any of the following I. Background
Bruce Summers, methods:
In October 2012, the Commission
Administrator, Agricultural Marketing Electronic Comments proposed amendments and new rules to:
Service.
• Use the Commission’s internet (1) Establish capital and margin
[FR Doc. 2018–22758 Filed 10–18–18; 8:45 am] requirements for SBSDs and MSBSPs
comment form (http://www.sec.gov/
BILLING CODE 3410–02–P
rules/other.shtml); or that do not have a prudential regulator 1
• Send an email to rule-comments@ (‘‘nonbank SBSDs’’ and ‘‘nonbank
sec.gov. Please include File No. S7–08– MSBSPs’’, respectively); (2) establish
SECURITIES AND EXCHANGE segregation requirements for SBSDs; (3)
12 on the subject line.
COMMISSION establish notification requirements for
Paper Comments SBSDs and MSBSPs relating to
17 CFR Part 240 segregation; and (4) raise minimum net
• Send paper comments to Secretary,
[Release No. 34–84409; File No. S7–08–12] Securities and Exchange Commission, capital requirements and establish
100 F Street NE, Washington, DC liquidity requirements for ANC broker-
RIN 3235–AL12 dealers.2 The Commission published the
20549–1090.
Capital, Margin, and Segregation 2012 Proposals largely pursuant to Title
All submissions should refer to File VII of the Dodd-Frank Wall Street
Requirements for Security-Based Number S7–08–12. This file number
Swap Dealers and Major Security- Reform and Consumer Protection Act
should be included on the subject line (‘‘Title VII of the Dodd-Frank Act’’). The
Based Swap Participants and Capital if email is used. To help the
Requirements for Broker-Dealers Commission extended the comment
Commission process and review your period once,3 and reopened it once.4
AGENCY: Securities and Exchange comments more efficiently, please use The Commission has received a number
Commission. only one method of submission. The of comment letters in response to the
Commission will post all comments on 2012 Proposals.5
ACTION: Proposed rule; reopening of
the Commission’s website (http:// In addition, in May 2013, the
comment period; request for additional
www.sec.gov). Comments are also Commission proposed provisions to
comment.
available for website viewing and establish the cross-border treatment of
SUMMARY: The Securities and Exchange printing in the Commission’s Public security-based swap capital, margin,
Commission (‘‘Commission’’) is Reference Room, 100 F Street NE, and segregation requirements.6 The
reopening the comment period and Washington, DC 20549, on official
requesting additional comment business days between the hours of 1 The term ‘‘prudential regulator’’ is defined in
(including potential modifications to 10:00 a.m. and 3:00 p.m. All comments Section 1(a)(39) of the Commodity Exchange Act (7
received will be posted without change. U.S.C. 1(a)(39)) and that definition is incorporated
proposed rule language) on the by reference in Section 3(a)(74) of the Securities
following: Proposed amendments and Persons submitting comments are Exchange Act of 1934 (‘‘Exchange Act’’ or ‘‘Act’’).
new rules that would establish capital cautioned that we do not redact or edit 15 U.S.C. 78c(a)(74). Pursuant to the definition, the
and margin requirements for security- personal identifying information from Board of Governors of the Federal Reserve System
comment submissions. You should (‘‘FRB’’), the Office of the Comptroller of the
based swap dealers (‘‘SBSDs’’) and Currency (‘‘OCC’’), the Federal Deposit Insurance
major security-based swap participants submit only information that you wish Corporation (‘‘FDIC’’), the Farm Credit
(‘‘MSBSPs’’) that do not have a to make publicly available. Administration (‘‘FCA’’), or the Federal Housing
prudential regulator, establish Studies, memoranda, or other Finance Agency (‘‘FHFA’’) (collectively, the
‘‘prudential regulators’’) is the ‘‘prudential
segregation requirements for SBSDs, substantive items may be added by the regulator’’ of an SBSD, MSBSP, swap participant, or
establish notification requirements for Commission or staff to the comment file major swap participant if the entity is directly
SBSDs and MSBSPs relating to during this rulemaking. A notification of supervised by that agency.
segregation, and raise minimum net the inclusion in the comment file of any 2 See Capital, Margin, and Segregation
such materials will be made available Requirements for Security-Based Swap Dealers and
capital requirements and establish Major Security-Based Swap Participants and
liquidity requirements for broker- on the Commission’s website. To ensure Capital Requirements for Broker-Dealers, Exchange
dealers permitted to use internal models direct electronic receipt of such Act Release No. 68071 (Oct. 18, 2012), 77 FR 70214
when computing net capital (‘‘ANC notifications, sign up through the ‘‘Stay (Nov. 23, 2012) (‘‘2012 Proposals’’).
3 See Capital, Margin, and Segregation
broker-dealers’’). The Commission also Connected’’ option at www.sec.gov to
Requirements for Security-Based Swap Dealers and
is reopening the comment period and receive notifications by email. Major Security-Based Swap Participants and
requesting additional comment on FOR FURTHER INFORMATION CONTACT: Capital Requirements for Broker-Dealers, Exchange
proposed amendments that would Michael A. Macchiaroli, Associate Act Release No. 68660 (Jan. 15. 2013), 78 FR 4365
establish the cross-border treatment of (Jan. 22, 2013).
Director, at (202) 551–5525; Thomas K. 4 See Reopening of Comment Periods for Certain
security-based swap capital, margin, McGowan, Associate Director, at (202) Rulemaking Releases and Policy Statement
and segregation requirements; and a 551–5521; Randall W. Roy, Deputy Applicable to Security-Based Swaps Proposed
proposed amendment that would Associate Director, at (202) 551–5522; Pursuant to the Securities Exchange Act of 1934
amozie on DSK3GDR082PROD with PROPOSALS1
establish an additional capital and the Dodd-Frank Wall Street Reform and
Sheila Dombal Swartz, Senior Special Consumer Protection Act, Exchange Act Release No.
requirement for SBSDs that do not have Counsel, at (202) 551–5545; Timothy C. 69491 (May 1, 2013), 78 FR 30800 (May 23, 2013).
a prudential regulator. Fox, Branch Chief, at (202) 551–5687; 5 The comment letters are available at http://
DATES: The comment periods for Valentina Minak Deng, Special Counsel, www.sec.gov/comments/s7-08-12/s70812.shtml.
6 See Cross-Border Security-Based Swap
portions of the proposed rules at (202) 551–5778; or Nina
Activities; Re-Proposal of Regulation SBSR and
published Nov. 23, 2012 (77 FR 70213); Kostyukovsky, Attorney Advisor, at Certain Rules and Forms Relating to the
May 23, 2013 (78 FR 30967); and May (202) 551–8833, Division of Trading and Registration of Security-Based Swap Dealers and
2, 2014 (79 FR 25193), are reopened. Markets, Securities and Exchange Continued
VerDate Sep<11>2014 16:34 Oct 18, 2018 Jkt 247001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\19OCP1.SGM 19OCP1](https://thefederalregister.org/doc/83_FR_53206/page/5.svg)
Document Created: 2018-10-19 01:26:11
Document Modified: 2018-10-19 01:26:11
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received by November 19, 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 53003 | |
| CFR Citation | 7
CFR
905 7 CFR 944 | |
| CFR Associated | Grapefruit; Marketing Agreements; Oranges; Pummelos; Reporting and Recordkeeping Requirements; Tangelos; Tangerines; Avocados; Food Grades and Standards; Grapes; Imports; Kiwifruit; Limes and Olives |
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