Federal Register / Vol. 72, No. 10 / Wednesday, January 17, 2007 / Rules and Regulations 1919 

Research Subcommittee, and Education 

and Promotion Subcommittee. 

Alternative expenditure levels were 

discussed by these groups, based upon 

the relative value of various research 

projects to the tomato industry. The 

assessment rate of $0.035 per 25-pound 

container of assessable tomatoes was 

determined by examining the 

anticipated expenses and expected 

shipments and considering available 

reserves. The assessment rate should 

generate $1,750,000 in income. 

Considering income from interest and 

other sources of $190,000, with 

assessments, total income should be 

approximately $253,700 below the 

anticipated expenses, which the 

Committee determined to be acceptable. 

A review of historical information and 

preliminary information pertaining to 

the upcoming season indicates that the 

grower price for the 2006–07 season 

could range between $8.27 and $12.95 

per 25-pound container or equivalent of 

tomatoes. Therefore, the estimated 

assessment revenue for the 2006–07 

fiscal period as a percentage of total 

grower revenue could range between 0.3 

and 0.4 percent. 

This action increases the assessment 

obligation imposed on handlers. While 

assessments impose some additional 

costs on handlers, the costs are minimal 

and uniform on all handlers. Some of 

the additional costs may be passed on 

to producers. However, these costs are 

offset by the benefits derived by the 

operation of the marketing order. In 

addition, the Committee’s meeting was 

widely publicized throughout the 

Florida tomato industry and all 

interested persons were invited to 

attend the meeting and participate in 

Committee deliberations on all issues. 

Like all Committee meetings, the August 

22, 2006, meeting was a public meeting 

and all entities, both large and small, 

were able to express views on this issue. 

This rule imposes no additional 

reporting or recordkeeping requirements 

on either small or large Florida tomato 

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. 

The 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. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rule. 

A proposed rule concerning this 

action was published in the Federal 

Register on November 16, 2006 (71 FR 

66702). Copies of the proposed rule 

were also mailed or sent via facsimile to 

all Florida tomato handlers. Finally, the 

proposal was made available through 

the Internet by USDA and the Office of 

the Federal Register. A 15-day comment 

period ending December 1, 2006, was 

provided for interested persons to 

respond to the proposal. No comments 

were received. 

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/ 

fv/moab.html. Any questions about the 

compliance guide should be sent to Jay 

Guerber at the previously mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

After consideration of all relevant 

material presented, including the 

information and recommendation 

submitted by the Committee and other 

available information, it is hereby found 

that this rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act. 

Pursuant to 5 U.S.C. 553, it also found 

and determined that good cause exists 

for not postponing the effective date of 

this rule until 30 days after publication 

in the Federal Register because: (1) The 

2006–07 fiscal period began on August 

1, 2006, and the marketing order 

requires that the rate of assessment for 

each fiscal period apply to all assessable 

Florida tomatoes handled during such 

fiscal period; (2) the Committee needs to 

have sufficient funds to pay its expenses 

which are incurred on a continuous 

basis; and (3) handlers are aware of this 

action which was unanimously 

recommended by the Committee at a 

public meeting and is similar to other 

assessment rate actions issued in past 

fiscal periods. Also, a 15-day comment 

period was provided for in the proposed 

rule. 

List of Subjects in 7 CFR Part 966 

Marketing agreements, Reporting and 

recordkeeping requirements, Tomatoes. 

■ For the reasons set forth in the 

preamble, 7 CFR part 966 is amended as 

follows: 

PART 966—TOMATOES GROWN IN 

FLORIDA 

■ 1. The authority citation for 7 CFR 

part 966 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 966.234 is revised to read 

as follows: 

§ 966.234 Assessment rate. 

On and after August 1, 2006, an 

assessment rate of $0.035 per 25-pound 

container or equivalent is established 

for Florida tomatoes. 

Dated: January 11, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 07–149 Filed 1–11–07; 4:45 pm] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 966 

[Docket No. FVO6–966–1 FR] 

Tomatoes Grown in Florida; Partial 

Exemption to the Minimum Grade 

Requirements 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule provides a partial 

exemption to the minimum grade 

requirements under the marketing order 

for tomatoes grown in Florida (order). 

The Florida Tomato Committee 

(Committee) locally administers the 

order. Under the order, Florida tomatoes 

must meet at least a U.S. No. 2 grade 

before they can be shipped and sold 

outside the regulated area. This rule 

exempts UglyRipeTM (UglyRipe) 

tomatoes from the shape requirements 

associated with the U.S. No. 2 grade. 

This change increases the volume of 

UglyRipe tomatoes that will meet the 

order requirements, and will help 

increase shipments and availability of 

these tomatoes for consumers. 

EFFECTIVE DATE: This final rule becomes 

effective January 18, 2007. 

FOR FURTHER INFORMATION CONTACT: 

William Pimental, Marketing Specialist, 

or Christian Nissen, Regional Manager, 

Southeast Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA; Telephone: (863) 324–

3375, Fax: (863) 325–8793, or e-mail: 

William.Pimental@USDA.gov, or 

Christian.Nissen@usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue SW., STOP 0237, Washington, 

DC 20250–0237; telephone: (202) 720–

2491, Fax: (202) 720–8938, or e-mail: 

Jay.Guerber@usda.gov. 

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1920 Federal Register / Vol. 72, No. 10 / Wednesday, January 17, 2007 / Rules and Regulations 

SUPPLEMENTARY INFORMATION: This final 

rule is issued under Marketing 

Agreement No. 125 and Marketing 

Order No. 966, both as amended (7 CFR 

part 966), regulating the handling of 

tomatoes grown in certain designated 

counties in Florida, hereinafter referred 

to as the ‘‘order.’’ The marketing 

agreement and order are effective under 

the Agricultural Marketing Agreement 

Act of 1937, as amended (7 U.S.C. 601–

674), hereinafter referred to as the 

‘‘Act.’’

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule is not intended 

to have retroactive effect. This rule will 

not preempt any State or local laws, 

regulations, or policies, unless they 

present an irreconcilable conflict with 

this rule. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 608c(15)(A) of the Act, any 

handler subject to an order may file 

with USDA a petition stating that the 

order, any provision of the order, or any 

obligation imposed in connection with 

the order is not in accordance with law 

and request a modification of the order 

or to be exempted therefrom. A handler 

is afforded the opportunity for a hearing 

on the petition. After the hearing USDA 

would rule on the petition. The Act 

provides that the district court of the 

United States in any district in which 

the handler is an inhabitant, or has his 

or her principal place of business, has 

jurisdiction to review USDA’s ruling on 

the petition, provided an action is filed 

not later than 20 days after the date of 

the entry of the ruling. 

This final rule provides a partial 

exemption to the minimum grade 

requirements prescribed under the 

order. The order’s rules and regulations 

specify that Florida tomatoes must meet 

at least a U.S. No. 2 grade before they 

can be shipped and sold outside the 

regulated area. This rule exempts 

UglyRipe tomatoes from the shape 

requirements associated with the U.S. 

No. 2 grade. This change increases the 

volume of UglyRipe tomatoes that will 

meet the order requirements, and will 

help increase shipments and availability 

of these tomatoes for consumers. In 

addition, it is anticipated that this 

change will help promote continued 

innovation within the industry. 

Section 966.52 of the order provides 

the authority for the establishment of 

grade and size requirements for Florida 

tomatoes. Form and shape represent 

part of the elements of grade. Section 

966.323 of the order’s rules and 

regulations specifies, in part, the 

minimum grade requirements for 

Florida tomatoes. The current minimum 

grade requirement for Florida tomatoes 

is a U.S. No. 2. The specifics of this 

grade requirement are listed under the 

U.S. Standards for Grades of Fresh 

Tomatoes (7 CFR 51.1855–51.1877). 

The U.S. Standards for Grades of 

Fresh Tomatoes (Standards) specify the 

criteria tomatoes must meet to grade a 

U.S. No. 2, including that they must be 

reasonably well formed, and not more 

than slightly rough. These two elements 

relate specifically to the shape of the 

tomato. The definitions section of the 

Standards defines reasonably well 

formed as not decidedly kidney shaped, 

lopsided, elongated, angular, or 

otherwise decidedly deformed. The 

term slightly rough means that the 

tomato is not decidedly ridged or 

grooved. This rule amends § 966.323 to 

exempt UglyRipe tomatoes from these 

shape requirements as specified under 

the grade for a U.S. No. 2. 

UglyRipe tomatoes are a trademarked 

tomato variety bred to look and taste 

like an heirloom-type tomato. One of the 

characteristics of this variety is its 

appearance. UglyRipe tomatoes are 

often shaped differently from other 

round tomatoes. Depending on the time 

of year and the weather, UglyRipe 

tomatoes are concave on the stem end 

with deep, ridged shoulders. They can 

also appear kidney shaped and 

lopsided. Because of this variance in 

shape and appearance, UglyRipe 

tomatoes can have difficulty meeting the 

shape requirements of the U.S. No. 2 

grade. 

This rule provides UglyRipe tomatoes 

with a partial exemption from the grade 

requirements under the order. UglyRipe 

tomatoes are only exempt from the 

shape requirements of the grade and are 

still required to meet all other aspects of 

the U.S. No. 2 grade. UglyRipe tomatoes 

also continue to be required to meet all 

other requirements under the marketing 

order, such as size, pack and container, 

and inspection. 

Prior to the 1998–99 season, the 

Committee recommended that the 

minimum grade be increased from a 

U.S. No. 3 to a U.S. No. 2. Committee 

members agree that increasing the grade 

requirement has been very beneficial to 

the industry and in the marketing of 

Florida tomatoes. Further, some 

Committee members have stated that a 

large part of the volume of the standard 

commercial varieties of tomatoes which 

fail to make the grade are rejected 

because of their shape and appearance. 

Consequently, there was some industry 

concern that providing an exemption for 

UglyRipe tomatoes could result in the 

shipment of U.S. No. 3 grade tomatoes 

of other varieties, contrary to the 

objectives of the exemption and the 

order. 

To address this concern, the 

producers of UglyRipe tomatoes 

pursued entry into USDA’s Identity 

Preservation (IP) program. This program 

was developed by the Agricultural 

Marketing Service to assist companies 

in marketing products having unique 

traits. The program provides 

independent, third-party verification of 

the segregation of a company’s unique 

product at every stage, from seed, 

production and processing, to 

distribution. UglyRipe tomatoes were 

granted positive program status in early 

2006. 

This partial exemption only extends 

to UglyRipe tomatoes covered under the 

IP program. As such, this should help 

ensure that only UglyRipe tomatoes are 

shipped under the exemption. In 

addition, this exemption is contingent 

upon UglyRipe tomatoes continuing to 

meet the requirements of the IP 

program. 

This rule exempts UglyRipe tomatoes 

from the shape requirements associated 

with the U.S. No. 2 grade. This change 

increases the volume of UglyRipe 

tomatoes that will meet order 

requirements, and will help increase 

shipments and availability of these 

tomatoes. In addition, it is hoped that 

this change will help promote 

continued innovation within the 

industry. 

Section 8e of the Act provides that 

when certain domestically produced 

commodities, including tomatoes, are 

regulated under a Federal marketing 

order, imports of that commodity must 

meet the same or comparable grade, 

size, quality, and maturity requirements. 

Since this rule provides a partial 

exemption to the minimum grade 

requirements under the domestic 

handling regulations, a corresponding 

change to the import regulations is also 

needed. A final rule providing the same 

partial exemption to the minimum grade 

requirements under the import 

regulations will be issued as a separate 

action. 

Final Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA), 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 

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Federal Register / Vol. 72, No. 10 / Wednesday, January 17, 2007 / Rules and Regulations 1921 

business subject to such actions in order 

that small businesses will not be unduly 

or disproportionately burdened. 

Marketing orders issued pursuant to the 

Act, and rules issued thereunder, are 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

behalf. Thus, both statutes have small 

entity orientation and compatibility. 

There are approximately 100 

producers of tomatoes in the production 

area and approximately 70 handlers 

subject to regulation under the 

marketing order. Small agricultural 

producers are defined by the Small 

Business Administration (SBA) as those 

having annual receipts less than 

$750,000, and small agricultural service 

firms are defined as those whose annual 

receipts are less than $6,500,000 (13 

CFR 121.201). 

Based on industry and Committee 

data, the average annual price for fresh 

Florida tomatoes during the 2004–05 

season was approximately $12.50 per 

25-pound container, and fresh 

shipments totaled 53,025,915 25-pound 

cartons of tomatoes. Committee data 

indicates approximately 27 percent of 

the handlers handle 95 percent of the 

total volume shipped outside the 

regulated area. Based on the average 

price, about 75 percent of handlers 

could be considered small businesses 

under SBA’s definition. In addition, 

based on production, grower prices as 

reported by the National Agricultural 

Statistics Service, and the total number 

of Florida tomato growers, the average 

annual grower revenue is below 

$750,000. Thus, the majority of handlers 

and producers of Florida tomatoes may 

be classified as small entities. 

This final rule provides a partial 

exemption to the minimum grade 

requirements for tomatoes grown in 

Florida. Under the order, Florida 

tomatoes must meet at least a U.S. No. 

2 grade before they can be shipped and 

sold outside the regulated area. This 

final rule exempts UglyRipe tomatoes 

from the shape requirements specified 

under the Standards for a U.S. No. 2 

grade. This change increases the volume 

of UglyRipe tomatoes that will meet the 

order requirements, and will help 

increase shipments and availability of 

these tomatoes for consumers. This final 

rule amends the provisions of § 966.323. 

Authority for this action is provided in 

§ 966.52 of the order. 

This change represents a small 

increase in costs for producers and 

handlers of UglyRipe tomatoes, 

primarily from costs associated with 

developing and maintaining the IP 

program. However, the majority of 

facilities associated with UglyRipe 

tomatoes were involved with the IP 

program prior to this rule and have 

already received a successful audit. 

Therefore, the additional costs 

associated with this action are those 

costs related to maintaining and 

complying with the IP program. It is 

anticipated that these costs will be 

minimal and will be offset by the 

increased sales of UglyRipe tomatoes. 

Finally, UglyRipe tomatoes are still 

required to meet the majority of the 

requirements for a U.S. No. 2 grade, and 

are usually priced higher than U.S. No. 

2 graded standard commercial variety 

tomatoes. Therefore, this action should 

not have a price depressing effect on 

standard varieties, and because of the 

difference in price, this exemption 

should not have a significant impact on 

the market share for standard 

commercial varieties of Florida 

tomatoes. 

One alternative to this action that was 

considered was to not provide an 

exemption from shape requirements for 

UglyRipe tomatoes. This option would 

not have allowed for an increase in the 

volume of UglyRipe tomatoes that 

would meet the order requirements, and 

would not help increase shipment and 

availability of these tomatoes. Therefore, 

this alternative was rejected. 

This final rule provides a partial 

exemption to the minimum grade 

requirements under the Florida tomato 

marketing order. Accordingly, this rule 

will not impose any additional reporting 

or recordkeeping requirements on either 

small or large tomato 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. 

The 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. 

As noted in the initial regulatory 

flexibility analysis, USDA has not 

identified any relevant Federal rules 

that duplicate, overlap or conflict with 

this final rule. 

A proposed rule concerning this 

action was published in the Federal 

Register on June 29, 2006 (71 FR 37014). 

Copies of the rule were mailed or sent 

via facsimile to all Committee members 

and tomato handlers. Finally, the rule 

was made available through the Internet 

by USDA and the Office of the Federal 

Register. A 60-day comment period 

ending August 28, 2006, was provided 

to allow interested persons to respond 

to the proposal. 

Eighty-eight comments were received 

during the comment period in response 

to the proposal. Of the comments 

received, 79 were in support of the 

regulation and 9 were in opposition. 

One comment was received after the 

close of the comment period. 

The comments in support of the 

proposal expressed appreciation for the 

taste of UglyRipe tomatoes, and 

supported a greater market availability 

for UglyRipe tomatoes. Several 

commenters stated that UglyRipe 

tomatoes compared favorably with 

homegrown tomatoes. Other 

commenters compared the taste as being 

equal to local tomatoes, even in winter 

when local tomatoes were not available. 

Several of the comments stated that 

good taste was of greater importance 

than appearance. Commenters also 

expressed that they have had difficulty 

in finding UglyRipe tomatoes available 

for purchase and supported this rule 

and its efforts to increase availability. 

Nine comments were received in 

opposition to the proposed rule. Of 

these comments, five expressed 

concerns regarding this proposal’s 

impact on orderly marketing. Four 

commenters stated that the current 

marketing order requirements provide 

stability to the industry. One commenter 

stated that the standards established 

under the order are key to the 

establishment of an orderly market for 

Florida growers and that this rule will 

weaken the industry’s ability to 

maintain an orderly market. Another 

commenter stated that the proposed rule 

does not establish, maintain, or support 

orderly marketing conditions, but does 

the exact opposite. 

One of the main goals of marketing 

orders is to establish orderly marketing 

conditions for those commodities 

covered under marketing orders. As 

previously noted, this partial exemption 

only extends to UglyRipe tomatoes. 

Further, this rule only provides 

UglyRipe tomatoes with a partial 

exemption from the shape requirements 

of the U.S. No. 2 grade. UglyRipe 

tomatoes are still subject to the 

requirements for maturity, ripeness, 

softness, development, decay, and 

damage as specified under the 

Standards for a U.S. No. 2 grade. Even 

with this partial exemption, the 

requirements for UglyRipe tomatoes are 

still significantly higher than those for 

U.S. No. 3 grade tomatoes. 

Because this partial exemption is 

narrowly defined, the vast majority of 

the tomatoes shipped from Florida will 

still meet the requirements for a U.S. 

No. 2 grade. Therefore, this change will 

not diminish the overall benefits of the 

established grade standard. 

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1922 Federal Register / Vol. 72, No. 10 / Wednesday, January 17, 2007 / Rules and Regulations 

Consequently, this change should not 

have an adverse impact on the orderly 

market for Florida tomatoes. 

Five commenters stated that this 

change would allow UglyRipe tomatoes 

to circumvent the requirements of the 

order. Two comments declared that this 

rule would allow all UglyRipe tomatoes 

produced to be sold outside of the 

regulated area. Another comment stated 

that this rule would allow UglyRipe 

tomatoes to escape the standards 

applicable to all other tomatoes. 

This partial exemption will not allow 

UglyRipe tomatoes to circumvent the 

requirements of the order, or allow all 

UglyRipe tomatoes produced in Florida 

to be shipped outside the regulated area. 

As stated above, UglyRipe tomatoes will 

still have to meet the majority of the 

requirements for U.S. No. 2 grade 

tomatoes, and will have to be inspected 

to ensure these requirements are met. 

UglyRipe tomatoes also continue to be 

required to meet all other requirements 

under the marketing order, such as size, 

pack and container, and assessment 

provisions. In addition, UglyRipe 

tomatoes must meet the requirements of 

the IP program. 

Five commenters expressed concern 

that providing this exemption for the 

UglyRipe tomato will create a loophole, 

which will result in the shipment of 

U.S. No. 3 grade tomatoes of other 

varieties by other producers. One of the 

commenters stated that with this 

change, every farmer in Florida will be 

selling his off shaped fruit. Another 

commenter wrote that this action 

presents too many opportunities for 

domestic growers and importers to sell 

tomatoes of inferior quality. Another 

commenter stated that they had no 

doubt that efforts will be made to 

market U.S. No. 3 grade tomatoes that 

resemble UglyRipe tomatoes. 

We disagree with these comments. 

There are safeguards in place to address 

these issues. In addition to the existing 

inspection requirements, and 

compliance efforts, this partial 

exemption only extends to UglyRipe 

tomatoes covered under the IP program. 

This program was developed by AMS 

and provides independent, third-party 

verification of the segregation of a 

company’s product at every stage, from 

seed, production and processing, to 

distribution. This will help ensure that 

only UglyRipe tomatoes are shipped 

using this partial exemption, as only 

handlers covered under the IP program 

will be allowed to pack under the 

exemption. Further, USDA plans to 

closely monitor compliance with this 

exemption. 

Three commenters stated that this 

rule will have a negative economic 

impact on the tomato industry. One 

commenter stated that this rule will 

cause a market share loss and loss of 

sales. Another comment states that this 

will increase supply, which will 

negatively affect price. 

We disagree because this partial 

exemption is so narrowly defined, and 

only applies to UglyRipe tomatoes, it 

should not result in a significant 

increase in the overall supply of 

tomatoes. Also, this action should not 

have a significant impact on price. Prior 

to the 1998–99 season, the Committee 

recommended that the minimum grade 

be increased from a U.S. No. 3 to a U.S. 

No. 2. The reason for this action was 

that U.S. No. 3 grade tomatoes were 

having a price depressing effect on the 

market. This is because U.S. No. 3 grade 

tomatoes of standard commercial 

varieties sell at prices below those for 

U.S. No. 2 grade tomatoes. However, in 

the case of UglyRipe tomatoes, they are 

still required to meet the majority of the 

requirements for a U.S. No. 2 grade, and 

are usually priced higher than U.S. No. 

2 graded standard commercial variety 

tomatoes. Therefore this action should 

not have a price depressing effect on 

standard varieties, and because of the 

difference in price this exemption 

should not have a significant impact on 

the market share for standard 

commercial varieties of Florida 

tomatoes. 

Two commenters also stated that this 

regulation would have a negative impact 

on small growers. The commenters 

stated that when USDA did its initial 

regulatory flexibility analysis USDA 

only considered the impact on 

producers and handlers of UglyRipe 

tomatoes. The commenters stated that 

this rule would have a negative impact 

on small producers and handlers of 

standard commercial varieties. 

In its initial regulatory flexibility 

analysis, USDA found that this change 

represents a small increase in costs for 

producers and handlers of UglyRipe 

tomatoes, primarily from costs 

associated with developing and 

maintaining the IP program. As 

discussed above, this rule should not 

significantly impact demand or price for 

standard commercial varieties. 

Consequently, we do not agree that this 

action will negatively impact growers 

and handlers of standard commercial 

varieties. 

Accordingly, no changes will be made 

to the rule as proposed, based on 

comments received. 

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/ 

fv/moab.html. Any questions about the 

compliance guide should be sent to Jay 

Guerber at the previously mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

After consideration of all relevant 

matter presented, including the 

information and recommendation 

submitted by the Committee and other 

available information, it is hereby found 

that this rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act. 

It is further found that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register (5 

U.S.C. 553) because the regulatory 

period will begin October 10, 2006. 

Also, a 60-day comment period was 

provided for in the proposed rule. 

List of Subjects in 7 CFR Part 966 

Marketing agreements, Reporting and 

recordkeeping requirements, Tomatoes. 

■ For the reasons set forth in the 

preamble, 7 CFR part 966 is amended as 

follows: 

PART 966—TOMATOES GROWN IN 

FLORIDA 

■ 1. The authority citation for 7 CFR 

part 966 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Amend § 966.323, by adding a new 

paragraph (d)(5) to read as follows: 

§ 966.323 Handling regulation. 

* * * * * 

(d) * * * 

(5) For UglyRipeTM tomatoes. 

UglyRipeTM tomatoes must meet all the 

requirements of this section: Provided, 

That UglyRipeTM tomatoes shall be 

graded and at least meet the 

requirements specified for U.S. No. 2 

under the U.S. Standards for Grades of 

Fresh Tomatoes, except they are exempt 

from the requirements that they be 

reasonably well formed and not more 

than slightly rough, and Provided, 

Further that the UglyRipeTM tomatoes 

meet the requirements of the Identity 

Preservation program, Fresh Products 

Branch, Fruit and Vegetable Programs, 

AMS, USDA. 

* * * * * 

Dated: January 12, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 07–162 Filed 1–12–07; 11:58 am] 

BILLING CODE 3410–02–P 

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