### 41411 Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Rules and Regulations

sufficient detail to inform the ASCR of the nature and date of an alleged civil rights violation. The statement must be signed by the complainant(s) or someone authorized to sign on behalf of the complainant(s). To accommodate the needs of people with disabilities, special needs, or who have Limited English Proficiency, a complaint may be

in an alternative format.

Compliance report means a written review of an agency’s compliance with civil rights requirements, to be prepared by OASCR and to identify each finding of non-compliance or other civil rights

related issue. The review is conducted

at the discretion of OASCR or if therehas been a formal finding of noncompliance.

Conducted Programs and Activities means the program services, benefits or resources delivered directly to the public by USDA.

Days mean calendar days, not business days.

Department (used interchangeably with USDA) means the Department of Agriculture and includes each of its operating agencies and other organizational units.

Discrimination means unlawful treatment or denial of benefits, services, rights or privileges to a person or persons because of their race, color, national origin, religion, sex, sexual orientation, disability, age, marital status, sexual orientation, familial status, parental status, income derived from a public assistance program, political beliefs, or gender identity.

Secretary means the Secretary of Agriculture or any officer or employee of the Department whom the Secretary has heretofore delegated, or whom the Secretary may hereafter delegate, the authority to act in his or her stead under the regulations in this part.

■ 4. Revise newly redesignated § 15d.3

to read as follows:

**§ 15d.3 Discrimination prohibited.**

(a) No agency, officer, or employee of the USDA shall, on the grounds of race, color, national origin, religion, sex, sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or gender identity, exclude from participation in, deny the benefits of, or subject to discrimination any person in the United States under any program or activity conducted by the USDA.

(b) No person shall be subjected to reprisal for opposing any practice(s) prohibited by this part, for filing a complaint, or for participating in any other manner in a proceeding under this
part. ■ 5. Revise newly redesignated § 15d.4

to read as follows:

**§ 15d.4 Compliance.**

(a) Compliance program. OASCR shall evaluate each agency’s efforts to comply with this part and shall make recommendations for improving such

efforts.

(1) OASCR shall oversee the compliance reviews and evaluations, and issue compliance reports that monitor compliance efforts to ensure that there is equitable and fair treatment in conducted programs.

(2) OASCR shall monitor all settlement agreements pertaining to program complaints for compliance to ensure full implementation and

enforcement.

(3) OASCR shall oversee Agency Head Assessments to ensure that Agency Heads are in compliance with civil rights laws and regulations.

(4) OASCR shall monitor all findings of non-compliance to ensure that compliance is achieved.

(5) OASCR shall require agencies to collect the race, ethnicity and gender of applicants and program participants, who choose to provide such informationon a voluntary basis, in USDAconducted programs, for purposes of civil rights compliance oversight, and

evaluation.

(b) Agency data collection and compliance reports. (1) Each Agency shall, for civil rights compliance, collect, maintain and annually compile data on all program applicants and participants in conducted programs by county and State, including but not limited to, application and participation rate data regarding socially disadvantaged and limited resources applicants and participants. At a minimum, the data should include:

(i) Numbers of applicants and participants by race, ethnicity, and gender, subject to appropriate privacy protections, as determined by the Secretary and in accordance with law;

and

(ii) The application and participation rate, by race, ethnicity, and gender, as a percentage of the total participation

rate.

(2) Each Agency shall submit to the OASCR timely, complete and accurate program application and participation reports containing the information described in § 15d.4(b)(1), on an annual basis, and upon the request of the OASCR independently of the annual requirement.

(c) Complaint reporting compliance. OASCR shall ensure compliance with mandated complaint reporting requirements, such as those required by section 14006 of the Food, Conservation, and Energy Act of 2008 (Pub. L. 110–246).

■ 6. Revise newly redesignated § 15d.5

to read as follows:

**§ 15d.5 Complaints.**

(a) Any person who believes that he or she (or any specific class of individuals) has been, or is being, subjected to practices prohibited by this part may file (or file through an authorized representative) a written complaint alleging such discrimination. The written complaint must be filed within 180 calendar days from the date the person knew or reasonably should have known of the alleged discrimination, unless the time is extended for good cause by the ASCR or designee. Any person who complains of discrimination under this part in any fashion shall be advised of the right to file a complaint as herein provided.

(b) All complaints under this part

should be filed with the Office of the Assistant Secretary for Civil Rights, 1400 Independence Ave. SW., U.S. Department of Agriculture, Washington, DC 20250, who will investigate the complaints. The ASCR will make final

determinations as to the merits of complaints under this part and as to the corrective actions required to resolve program complaints. The complainant

will be notified of the final determination on the complaint.

(c) Any complaint filed under this part alleging discrimination on the basis of disability will be processed under 7 CFR part 15e.

(d) For complaints OASCR deems appropriate for ADR, OASCR shall offer ADR services to complainants.

Dated: July 7, 2014.
Joe Leonard, Jr.,
Assistant Secretary for Civil Rights.

[FR Doc. 2014–16325 Filed 7–15–14; 8:45 am]

**BILLING CODE P**

**DEPARTMENT OF AGRICULTURE**

**Agricultural Marketing Service**

**7 CFR Parts 906 and 944**

**[Doc. No. AMS–FV–14–0009; FV14–906–1 FIR]** 

**Oranges and Grapefruit Grown in Lower Rio Grande Valley in Texas and**  **Imported Oranges; Change in Size Requirements for Oranges** 

**AGENCY :**  Agricultural Marketing Service,

USDA.

**ACTION :**  Affirmation of interim rule as

final rule.


### 41412 Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Rules and Regulations

**SUMMARY :**  The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim

rule that relaxed the minimum size prescribed for oranges under the marketing order for oranges and grapefruit grown in Lower Rio Grande Valley in Texas (order) and the orange import regulation. The interim rule relaxed the minimum size requirement for domestic and import shipments from

2 6

⁄ 16 inches to 2 3 ⁄ 16 inches in diameter. This rule provides additional oranges to meet market demand, helping to maximize fresh shipments.

**DATES :**  Effective July 17, 2014.

**FOR FURTHER INFORMATION CONTACT :**  Doris Jamieson, 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: Doris.Jamieson@ams.usda.gov or Christian.Nissen@ams.usda.gov.

Small businesses may obtain information on complying with this and other marketing order and agreement 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 Agreement and Order No. 906, as amended (7 CFR part 906), regulating the handling of oranges and grapefruit grown in the Lower Rio Grande Valley in Texas,

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.’’

This rule is also issued under section 8e of the Act, which provides that whenever certain specified commodities, including oranges, 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.

USDA is issuing this rule in

conformance with Executive Orders 12866, 13563, and 13175. The handling of oranges and grapefruit grown in the Lower Rio Grande Valley in Texas is regulated by 7 CFR part 906. Prior to this change, the minimum size requirement for domestic shipments of oranges was 2 6 ⁄ 16 inches. The Texas Valley Citrus Committee (Committee) believes there is a shortage of fruit available to supply the fresh fruit market, which the Texas citrus growers and handlers should fill. The Committee also recognized that consumers are now showing a preference for smaller-sized fruit. The Committee believes relaxing the requirements makes more fruit available to fill the market shortfall and provides

smaller-sized fruit to meet consumer demand. Therefore, this rule continues

in effect the rule that relaxed the minimum size requirement for domestic shipments from 2 6 ⁄ 16 inches to 2 3 ⁄ 16 inches in diameter.

Imported oranges are subject to regulations specified in 7 CFR part 944. Under those regulations, imported oranges must meet the same minimum size requirements as specified for domestic oranges under the order. Therefore, the minimum size requirement was also relaxed from 2 6 ⁄ 16 inches to 2 3 ⁄ 16 inches in diameter for oranges imported into the United States.

In an interim rule published in the Federal Register on February 28, 2014, and effective on March 1, 2014, (79 FR
11297, Doc. No. AMS–FV–14–0009, FV14–906–1 IR), §§ 906.365 and 944.312 were amended by changing the minimum diameter for oranges from

2 6

⁄ 16 inches (size 138) to 2 3 ⁄ 16 inches (size 163) in diameter. Section 906.340 was also revised by adding size 163 to the available pack sizes for oranges listed under Table I, and by adding language concerning pack and sizing requirements as appropriate.

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 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 the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. Import regulations issued under the Act are based on those established under Federal marketing orders.

There are 13 registered handlers of Texas citrus who are subject to regulation under the marketing order and approximately 150 producers of oranges in the regulated area. There are approximately 220 importers of oranges. Small agricultural service firms, which include handlers and importers, are defined by the Small Business Administration (SBA) as those having annual receipts of less than $7,000,000, 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 and the industry and Committee, the average f.o.b. price for Texas oranges during the 2012–13 season was $25.30 per box, and total fresh orange shipments were approximately 1.5 million boxes. Using the average f.o.b. price and shipment data, the majority of Texas orange

handlers could be considered small

businesses under SBA’s definition. In addition, based on production data, grower prices, and the total number of Texas citrus growers, the average annual grower revenue is below $750,000. Information from the Foreign Agricultural Service, USDA, indicates that the dollar value of imported fresh oranges ranged from approximately $71.2 million in 2008 to $107.4 million in 2012. Using these values, most importers would have annual receipts of less than $7,000,000 for oranges. Thus, the majority of handlers, producers, and importers of oranges may be classified

as small entities.

Chile, South Africa, Mexico, andAustralia are the major orangeproducing countries exporting oranges to the United States. In 2012, shipments of oranges imported into the United States totaled around 119,000 metric tons. Of that amount, 51,510 metric tons were imported from Chile, 35,960 metric tons were imported from South Africa, 17,421 metric tons were imported from Mexico, and 11,100

metric tons arrived from Australia.

This rule continues in effect the

action that relaxed the minimum size requirement for oranges grown in the Lower Rio Grande Valley in Texas and imported oranges. This rule relaxes the minimum size requirement for domestic and import shipments from 2 6 ⁄ 16 inches (size 138) to 2 3 ⁄ 16 inches (size 163). This change makes additional fruit available for shipment to the fresh market, maximizes shipments, provides

additional returns to handlers and growers, and responds to consumer

demand for small-sized fruit. This rule amends the provisions of §§ 906.340,


### 41413 Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Rules and Regulations

906.365, and 944.312. Authority for the change in the order’s rules and regulations is provided in § 906.40. The change in the import regulation is required under section 8e of the Act.

This action is not expected to increase

the costs associated with the order requirements or the orange import regulation. Rather, it is anticipated that this action will have a beneficial impact. Reducing the size requirement makes additional fruit available for shipment

to the fresh market. The Committee believes that this provides additional fruit to fill a shortage in the fresh market and provides the opportunity to fulfill a growing consumer demand for smaller sized fruit. This action also provides an outlet for fruit that may otherwise go unharvested, maximizing fresh shipments and increasing returns to handlers and growers. The benefits of this rule are expected to be equally available to all fresh orange growers, handlers, and importers, 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

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’s meeting was widely publicized throughout the Texas citrus industry and all interested persons were invited to attend the meeting and participate in Committee

deliberations. Like all Committee meetings, the December 11, 2013, meeting was a public meeting 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 April 29, 2014. No comments were 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-14-0009-

0001

.

This action also affirms information contained in the interim rule concerning Executive Orders 12866, 12988, 13175, and 13563; the Paperwork ReductionAct (44 U.S.C. Chapter 35); and the EGov 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 (79 FR 11297, February 28, 2014) will tend to effectuate the declared policy of the Act.

List of Subjects

7 CFR Part 906

Grapefruit, Marketing agreements, Oranges, Reporting and recordkeeping requirements.

7 CFR Part 944

Avocados, Food grades and standards, Grapefruit, Grapes, Imports, Kiwifruit, Limes, Olives, Oranges.

**PARTS 906 and 944—[AMENDED]**

■ Accordingly, the interim rule that amended 7 CFR parts 906 and 944 and that was published at 79 FR 11297 on February 28, 2014, is adopted as final without change.

Dated: July 10, 2014.

Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.

[FR Doc. 2014–16638 Filed 7–15–14; 8:45 am]

**BILLING CODE P**

**DEPARTMENT OF AGRICULTURE**

**Agricultural Marketing Service**

**7 CFR Part 946 and Part 980**

**[Doc. No. AMS–FV–13–0068; FV13–946–3 FIR]** 

**Irish Potatoes Grown in Washington and Imported Potatoes; Modification of**  **the Handling Regulations, Reporting Requirements, and Import Regulations**  **for Red Types of Potatoes**

**AGENCY :**  Agricultural Marketing Service,

USDA.

**ACTION :**  Affirmation of interim rule as a

final rule.

**SUMMARY :**  The Department of Agriculture is adopting, as a final rule, without change, an interim rule that exempted red types of potatoes from minimum quality, maturity, pack, marking, and inspection requirements of the Washington potato marketing order and the potato import regulation for the 2013–2014 and subsequent fiscal periods. This rule also continues in effect the action that required handlers of red types of potatoes to submit reports during the period that red types of potatoes are exempt from regulation. This rule is expected to reduce overall industry expenses and increase net returns to producers and handlers while giving the industry the opportunity to explore alternative marketing strategies.

**DATES :**  Effective July 21, 2014.

**FOR FURTHER INFORMATION CONTACT :**  Teresa Hutchinson, Marketing Specialist, or Gary Olson, Regional Director, Northwest Marketing Field Office, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA; Telephone: (503) 326– 2724, Fax: (503) 326–7440, or Email: Teresa.Hutchinson@ams.usda.gov or GaryD.Olson@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. 946, as amended (7 CFR part 946), regulating the handling of Irish potatoes grown in Washington, 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.’’

This rule is also issued under section 8e of the Act, which provides that whenever certain specified commodities, including potatoes, are regulated under a Federal marketing order, imports of these commodities into the United States is prohibited unless they meet the same or comparable grade, size, quality, or maturity requirements as those in effect for domestically produced commodities.

The Department of Agriculture (USDA) is issuing this rule in

conformance with Executive Orders 12866, 13563, and 13175.

The handling of Irish potatoes grown in Washington is regulated by 7 CFR part 946. Prior to this change, red types