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

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 there 

has 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 information 

on 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. 


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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 

26⁄16 inches to 23⁄16 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 26⁄16 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 26⁄16 inches to 23⁄16

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 26⁄16

inches to 23⁄16 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 

26⁄16 inches (size 138) to 23⁄16 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, and 

Australia 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 26⁄16 inches 

(size 138) to 23⁄16 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, 


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

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 Reduction 

Act (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 


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