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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

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REGISTER issue of each week.

Rules and Regulations Federal Register

52079 

Vol. 78, No. 163 

Thursday, August 22, 2013 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 905 

[Doc. No. AMS–FV–13–0009; FV13–905–2 

FIR] 

Oranges, Grapefruit, Tangerines, and 

Tangelos Grown in Florida; Relaxing 

Size and Grade Requirements on 

Valencia and Other Late Type Oranges 

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 that changed the size and grade 

requirements prescribed under the 

marketing order for oranges, grapefruit, 

tangerines, and tangelos grown in 

Florida (order). The interim rule 

reduced the minimum size for Valencia 

and other late type oranges shipped to 

interstate markets from 28⁄16 inches to 

24⁄16 inches from May 15 through 

August 31 each season. The interim rule 

also lowered the minimum grade for 

Valencia and other late type oranges 

shipped to interstate markets from a 

U.S. No. 1 to a U.S. No. 1 Golden from 

May 15, 2013, to June 14, 2013, and to 

a U.S. No. 2 external/U.S. No. 1 internal 

from June 15, 2013, to August 31, 2013. 

This rule provides additional Valencia 

and other late type oranges for late 

season markets, helping to maximize 

fresh shipments. 

DATES: Effective August 23, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Corey E. Elliott, Marketing Specialist, or 

Christian D. Nissen, Regional Director, 

Southeast Marketing Field Office, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA; Telephone: (863) 324– 

3375, Fax: (863) 325–8793, or Email: 

Corey.Elliott@ams.usda.gov or 

Christian.Nissen@ams.usda.gov. 

Small businesses may obtain 

information on complying with this and 

other marketing order regulations by 

viewing a guide at the following Web 

site: http://www.ams.usda.gov/ 

MarketingOrdersSmallBusinessGuide; 

or by contacting Jeffrey Smutny, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA, 1400 Independence 

Avenue SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491, Fax: (202) 720–8938, or Email: 

Jeffrey.Smutny@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Order No. 

905, as amended (7 CFR part 905), 

regulating the handling of oranges, 

grapefruit, tangerines, and tangelos 

grown in Florida, hereinafter referred to 

as the ‘‘order.’’ The order is effective 

under the Agricultural Marketing 

Agreement Act of 1937, as amended (7 

U.S.C. 601–674), hereinafter referred to 

as the ‘‘Act.’’ 

USDA is issuing this rule in 

conformance with Executive Order 

12866. 

The handling of oranges, grapefruit, 

tangerines, and tangelos grown in 

Florida is regulated by 7 CFR part 905. 

Prior to this change, the minimum size 

for Valencia and other late type oranges 

was 28⁄16 inches in diameter. Also, prior 

to the change, the minimum grade was 

a U.S. No. 1 from August 1 to June 14 

and a U.S. No. 2 external/U.S. No. 1 

internal from June 15 to July 31. The 

industry believes there may be a late 

season market for Florida Valencia and 

other late type oranges in the food 

service industry. However, the previous 

size and grade regulations were making 

it difficult to supply this market. 

Therefore, this rule continues in effect 

the interim rule published in the 

Federal Register on May 14, 2013, and 

effective on May 15, 2013, (78 FR 28115, 

Doc. No. AMS–FV–13–0009, FV13–905– 

2 IR) that reduced the minimum size for 

Valencia and other late type oranges 

shipped to interstate markets from 28⁄16

inches to 24⁄16 inches from May 15 

through August 31 each season. It also 

lowered the minimum grade for 

Valencia and other late type oranges 

shipped to interstate markets from a 

U.S. No. 1 to a U.S. No. 1 Golden from 

May 15, 2013, to June 14, 2013, and to 

a U.S. No. 2 external/U.S. No. 1 internal 

from June 15, 2013, to August 31, 2013. 

These changes provide additional 

Valencia and other late type oranges for 

late season markets, helping to 

maximize fresh shipments. The 

characteristics of these grades are 

specified in the U.S. Standard for 

Grades of Florida Oranges and Tangelos 

(7 CFR 51.1140 through 51.1179). 

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 29 Valencia 

and other late type orange handlers 

subject to regulation under the 

marketing order and approximately 

8,000 producers of citrus in the 

production area. Small agricultural 

service firms are defined by the Small 

Business Administration (SBA) as those 

whose annual receipts are less than 

$7,000,000, and small agricultural 

producers are defined as those having 

annual receipts less than $750,000 (13 

CFR 121.201). 

Based on industry and Committee 

data, the average f.o.b. price for fresh 

Valencia and other late type oranges 

during the 2011–12 season was 

approximately $12.42 per 4⁄5 bushel 

carton, and total fresh shipments were 

approximately 3.2 million cartons. 

Using the average f.o.b. price and 

shipment data, the majority of Florida 

Valencia and other late type orange 

handlers could be considered small 

businesses under SBA’s definition. In 

addition, the average annual grower 

revenue is below $750,000 based on 

production data, grower prices as 

reported by NASS, and the total number 

of Florida citrus growers. Thus, 

assuming a normal distribution, the 

majority of Valencia and other late type 


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52080 Federal Register / Vol. 78, No. 163 / Thursday, August 22, 2013 / Rules and Regulations 

orange handlers and producers may be 

classified as small entities. 

This rule continues in effect the 

changes that relaxed the size and grade 

requirements prescribed under the 

order. These changes allow additional 

late season fruit to be shipped to the 

fresh market, maximizing shipments 

and providing additional returns to both 

handlers and growers. This rule revises 

the provisions of section 905.306 by 

lowering the minimum size for 

interstate shipments of fresh Valencia 

and other late type oranges from 28⁄16

inches to 24⁄16 inches from May 15 to 

August 31 each season. This rule further 

revises section 905.306 by lowering the 

minimum grade for interstate shipments 

of Valencia and other late type oranges 

from a U.S. No. 1 to a U.S. No. 1 Golden 

from May 15, 2013, to June 14, 2013, 

and to a U.S. No. 2 external/U.S. No. 1 

internal from June 15, 2013, to August 

31, 2013. Authority for these changes is 

provided for in section 905.52. 

This action does not impose any 

additional costs on the industry. 

However, it is anticipated that this 

action will have a beneficial impact. 

Relaxing size and grade requirements 

for Valencia and other late type oranges 

from May 15 to August 31 will make 

additional fruit available for shipment 

to the fresh market, providing the 

opportunity to supply the potential food 

service industry market. The Committee 

believes that relaxing the size and grade 

requirements provides an outlet for fruit 

that may otherwise go un-harvested. 

This action allows more fruit to be 

shipped to the fresh market and 

increases returns to both handlers and 

growers. The benefits of this rule are 

expected to be equally available to all 

fresh citrus growers and handlers, 

regardless of their size. 

In accordance with the Paperwork 

Reduction Act of 1995, (44 U.S.C. 

Chapter 35), the order’s information 

collection requirements have been 

previously approved by the Office of 

Management and Budget (OMB) and 

assigned OMB No. 0581–0189, Generic 

Fruit Crops. No changes in those 

requirements as a result of this action 

are necessary. Should any changes 

become necessary, they would be 

submitted to OMB for approval. 

This rule will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

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. In 

addition, USDA has not identified any 

relevant Federal rules that duplicate, 

overlap, or conflict with this rule. 

Further, the Committee meeting was 

widely publicized throughout the 

Florida citrus industry. All interested 

persons were invited to attend the 

meeting and participate in Committee 

deliberations. Like all Committee 

meetings, the January 8, 2013, meeting 

was a public meeting. 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 July 

15, 2013. One comment in favor of the 

action was received. Therefore, for the 

reasons given in the interim rule, we are 

adopting the interim rule as a final rule, 

without change. 

To view the interim rule, go to: 

http://www.regulations.gov/ 

#!documentDetail;D=AMS-FV-13-0009- 

0001. 

This action also affirms information 

contained in the interim rule concerning 

Executive Orders 12866 and 12988, 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 (78 FR 28115, May 14, 2013) 

will tend to effectuate the declared 

policy of the Act. 

List of Subjects in 7 CFR Part 905 

Grapefruit, Marketing agreements, 

Oranges, Reporting and recordkeeping 

requirements, Tangelos, Tangerines. 

Accordingly, the interim rule that 

amended 7 CFR part 905, which was 

published at 78 FR 28115 on May 14, 

2013, is adopted as a final rule, without 

change. 

Dated: August 16, 2013. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2013–20479 Filed 8–21–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1207 

[Document Number AMS–FV–13–0027] 

Potato Research and Promotion Plan; 

Amend the Administrative Committee 

Structure and Delete the Board’s 

Mailing Address 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule amends the 

structure of the Administrative 

Committee (Committee) of the U.S. 

Potato Board (Board) and deletes the 

Board’s mailing address from the Potato 

Research and Promotion Plan. The Plan 

is administered by the Board with 

oversight by the U.S. Department of 

Agriculture (USDA). Under the Plan, 

there are seven Committee ViceChairperson positions. The Board has 

recommended that these positions be 

increased to nine. This change is 

intended to facilitate increased 

involvement in the Board’s leadership 

opportunities. Further, the Board’s 

office has been relocated and the 

address must be changed in the 

regulations. The deletion of the Board’s 

mailing address from the regulations 

will require no further amendment to 

the regulations if the Board’s office is 

relocated again. 

DATES: Effective Date: August 23, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Patricia A. Petrella, Marketing 

Specialist, Promotion and Economics 

Division, Fruit and Vegetable Program, 

AMS, USDA, 1400 Independence 

Avenue SW., Room 1406–S, Stop 0244, 

Washington, DC 20250–0244; telephone: 

(301) 334–2891; toll free (888) 720– 

9917; facsimile (202) 205–2800; or 

electronic mail: Patricia.Petrella@

ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under the Potato Research and 

Promotion Plan (Plan) (7 CFR part 

1207). The Plan is authorized under the 

Potato Research and Promotion Act 

(Act) (7 U.S.C. 2611–2627). 

Executive Order 12866 and Executive 

Order 13563 

Executive Order 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule 

has been designated as ‘‘non-significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866. Accordingly, 

the Office of Management and Budget 

(OMB) has waived the review process. 


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