89276 Federal Register / Vol. 88, No. 247 / Wednesday, December 27, 2023 / Rules and Regulations 

Accordingly, USDA amends 7 CFR 

part 3 as follows: 

PART 3—DEBT MANAGEMENT 

■ 1. The authority citation for part 3 

continues to read as follows: 

Authority: 5 U.S.C. 301; 7 U.S.C. 1506, 

1981, 1981a, 1981d, and 2008h; 15 U.S.C. 

714b; 31 U.S.C. 3701, 3711, 3716–18, and 

3720B; and 31 CFR parts 285 and 901–904. 

■ 2. In § 3.1, revise paragraph (c)(3) to 

read as follows: 

§ 3.1 Purpose and scope. 

* * * * * 

(c) * * * 

(3) Collection of debts owed by 

foreign governments, sovereign 

institutions of foreign governments, or 

public international organizations. 

* * * * * 

§ 3.60 [Amended] 

■ 3. In § 3.60, in paragraph (b), add the 

words ‘‘(with respect to domestic 

programs)’’ after the acronym ‘‘CCC’’. 

Ethel Butler, 

Fiscal Policy Division Director, Office of the 

Chief Financial Officer, U.S. Department of 

Agriculture. 

[FR Doc. 2023–28408 Filed 12–26–23; 8:45 am] 

BILLING CODE 3410–90–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 905 

[Doc. No. AMS–SC–21–0054] 

Marketing Order for Oranges, 

Grapefruit, Tangerines, and Pummelos 

Grown in Florida 

AGENCY: Agricultural Marketing Service, 

(USDA). 

ACTION: Final rule. 

SUMMARY: This rulemaking amends 

Marketing Order 905, which regulates 

the handling of oranges, grapefruit, 

tangerines, and pummelos grown in 

Florida. The amendments reduce the 

size of the Citrus Administrative 

Committee (Committee), lower the 

quorum requirements, revise the 

nomination and selection processes, and 

remove the requirement to allocate 

committee seats based on volume from 

each district. A new section will 

provide the Committee authority to 

receive voluntary contributions for 

promotion and research projects. Also, 

conforming changes were made to help 

align the marketing order with the 

amendments. 

DATES: This rule is effective January 26, 

2024. 

FOR FURTHER INFORMATION CONTACT: 

Geronimo Quinones, Marketing 

Specialist, or Matthew Pavone, Chief, 

Rulemaking Services Branch, Market 

Development Division, Specialty Crops 

Program, AMS, USDA, 1400 

Independence Avenue SW, Stop 0237, 

Washington, DC 20250–0237; 

Telephone: (202) 720–8085, or Email: 

Geronimo.Quinones@usda.gov or 

Matthew.Pavone@usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Richard Lower, 

Market Development Division, Specialty 

Crops Program, AMS, USDA, 1400 

Independence Avenue SW, Stop 0237, 

Washington, DC 20250–0237; 

Telephone: (202) 720–8085, or Email: 

Richard.Lower@usda.gov. 

SUPPLEMENTARY INFORMATION: This 

action, pursuant to 5 U.S.C. 553, 

finalizes amendments to regulations 

issued to carry out a marketing order as 

defined in 7 CFR 900.2(j). This 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 composed of citrus 

producers and shippers operating 

within the area of production, and a 

non-industry member. 

The Agricultural Marketing Service 

(AMS) is issuing this rule in 

conformance with Executive Orders 

12866, 13563, and 14094. Executive 

Orders 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, 

reducing costs, harmonizing rules, and 

promoting flexibility. Executive Order 

14094 reaffirms, supplements, and 

updates Executive Order 12866 and 

further directs agencies to solicit and 

consider input from a wide range of 

affected and interested parties through a 

variety of means. This action falls 

within a category of regulatory actions 

that the Office of Management and 

Budget (OMB) exempted from Executive 

Order 12866 review. 

In addition, this rule has been 

reviewed under Executive Order 13175, 

Consultation and Coordination with 

Indian Tribal Governments, which 

requires agencies to consider whether 

their rulemaking actions would have 

Tribal implications. AMS has 

determined this rule is unlikely to have 

substantial direct effects on one or more 

Indian Tribes, on the relationship 

between the Federal Government and 

Indian Tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian Tribes. 

This rule has also been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule is not intended 

to have retroactive effect. This rule shall 

not be deemed to preclude, preempt, or 

supersede any State program covering 

oranges, grapefruit, tangerines, and 

pummelos grown in Florida. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 8c(15)(A) of the Act (7 U.S.C. 

608c(15)(A)), 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 requesting 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 

no later than 20 days after the date of 

entry of the ruling. 

Section 8c(17) of the Act and the 

supplemental rules of practice authorize 

the use of informal rulemaking (5 U.S.C. 

553) to amend Federal fruit, vegetable, 

and nut marketing agreements and 

orders. In determining whether informal 

rulemaking is appropriate, AMS is 

required to consider the nature and 

complexity of the proposed 

amendments, the potential regulatory 

and economic impacts on affected 

entities, and any other relevant matters. 

AMS has considered these factors and 

has determined that the amendments in 

this final rule are not unduly complex. 

The amendments are primarily 

administrative in nature and adapt the 

Committee’s rules of practice to better 

reflect the current state of the Florida 

citrus industry. In addition, as 

discussed in the Final Regulatory 

Flexibility Analysis section below, the 

amendments are not expected to impose 

any costs on affected entities. 


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Federal Register / Vol. 88, No. 247 / Wednesday, December 27, 2023 / Rules and Regulations 89277 

The Committee unanimously 

recommended the amendments 

following deliberations at a public 

meeting held on November 19, 2020. 

This rule will amend the Order by 

reducing the size of the Committee and 

lowering quorum requirements, revising 

the nomination and selection processes, 

eliminating the requirement to allocate 

Committee seats based on volume from 

each district, and adding a new section 

to provide the Committee authority to 

receive voluntary contributions for 

promotion/research projects. Finally, 

outdated language in the Order was 

revised and other conforming changes 

were made to align the Order with the 

amendments. 

A proposed rule soliciting comments 

on the amendments was published in 

the Federal Register on June 30, 2022 

(87 FR 39003). Seven comments were 

received in response to the proposed 

rule, all of which were in support of the 

proposal. After reviewing the 

comments, AMS republished the 

proposed rule without change along 

with the referendum order in the 

Federal Register on January 18, 2023 

(88 FR 2862). That document directed 

that a referendum among Florida citrus 

producers be conducted from April 3, 

2023, through May 1, 2023, to determine 

whether they favor the proposals. To 

become effective, the amendments had 

to be approved by either two-thirds of 

the producers voting in the referendum 

or by those representing at least twothirds of the volume of citrus grown by 

those voting in the referendum. 

The results of the referendum show 

that all four amendments were favored 

by over 97 percent of the eligible 

producers who voted and over 99 

percent of the volume voted favored all 

the amendments. 

Final 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 final rule 

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 so 

that small businesses will not be unduly 

or disproportionately burdened. 

There are approximately 14 handlers 

of Florida citrus who are subject to 

regulation under the Order and 

approximately 500 citrus producers in 

the regulated area. At the time the initial 

regulatory flexibility analysis was 

prepared (88 FR 2862), small 

agricultural service firms were defined 

by the Small Business Administration 

(SBA) as those having annual receipts of 

no more than $30,000,000, small 

agricultural producers of orange groves 

were defined as those having annual 

receipts of no more than $3,500,000, 

and small agricultural producers of 

citrus (except orange) groves were 

defined as those having annual receipts 

of no more than $3,750,000 (13 CFR 

121.201). The SBA subsequently 

updated these standards and, at the time 

this final regulatory flexibility analysis 

was prepared, the SBA defined small 

businesses as those having annual 

receipts of no more than $4,000,000 for 

orange producers, $4,250,000 for other 

citrus producers, and $34,000,000 for 

handlers (13 CFR 121.201). Thus, AMS 

changed the thresholds to reflect the 

new SBA thresholds in this final rule. 

The changes do not impact AMS’s 

ultimate determination regarding the 

impact of the rule on small entities. 

According to data from the National 

Agricultural Statistics Service (NASS), 

the weighted average packing house 

door equivalent price for fresh Florida 

oranges for the 2022–23 season was 

approximately $21.07 per box with total 

shipments of around 1,612,000 boxes. 

Based on this information, the majority 

of orange handlers have average annual 

receipts of significantly less than 

$34,000,000 ($21.07 multiplied by 

1,612,000 boxes equals $33,964,840, 

divided by 14 handlers equals 

$2,426,060 per handler). The weighted 

average packing house door price for 

other Florida citrus for the 2022–23 

season was $38.24 per box with total 

shipments of 1,402,000 boxes. Based on 

this information, the majority of other 

citrus handlers have average annual 

receipts of significantly less than 

$34,000,000 ($38.24 multiplied by 

1,402,000 boxes equals $53,612,000, 

divided by 14 handlers equals 

$3,829,428.57 per handler). 

In addition, based on the NASS data, 

the weighted average orange grower 

price for the 2022–23 season was 

estimated at $18.90 per box of fresh 

oranges. Based on grower price, 

shipment data, and the total number of 

Florida orange growers, the average 

annual grower revenue for oranges is 

well below $4,000,000 ($18.90 

multiplied by 1,612,000 boxes equals 

$30,465,823.03, divided by 500 growers 

equals $60,931.65 per grower). The 

weighted average other citrus grower 

price for the 2022–23 season was 

estimated at $29.08 per box of fresh 

citrus. Based on grower price, shipment 

data, and the total number of Florida 

citrus growers, the average annual 

grower revenue for other citrus is well 

below $4,250,000 ($29.08 multiplied by 

1,402,000 boxes equals $40,775,768, 

divided by 500 growers equals 

$81,551.54 per grower). Thus, the 

majority of Florida citrus handlers and 

growers may be classified as small 

entities. 

AMS has determined that the 

amendments, as effectuated by this final 

rule, will not have a significant impact 

on a substantial number of small 

businesses. Rather, large and small 

entities alike would be expected to 

benefit from the Committee’s improved 

ability to address important issues of 

interest to all on a timely basis. No 

small businesses are unduly or 

disproportionately burdened. 

The amendments to the Order are 

necessary because the Florida citrus 

industry has undergone consolidation 

and crop reduction. Decreasing the 

Committee’s size makes it more 

reflective of today’s industry and easier 

to fulfill the quorum requirement. 

Handlers routinely source fruit from 

across the state, therefore the 

differentiation of districts no longer 

serves a practical purpose. Adding an 

authority to accept voluntary 

contributions from domestic sources 

allows the Committee to collaborate 

with other organizations for research/ 

promotional activities. No economic 

impact is expected from these 

amendments because they will not 

establish any new regulatory 

requirements on handlers, nor will they 

have any assessment or funding 

implications. There will be no change in 

financial costs, reporting, or 

recordkeeping requirements because of 

these amendments. 

Alternatives to this action were 

considered by the Committee. However, 

due to changes in the industry, AMS 

believes the amendments are justified 

and necessary to ensure the Committee’s 

ability to locally administer the 

program. 

Paperwork Reduction Act 

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 because of 

this action. Should any changes become 

necessary, they would be submitted to 

OMB for approval. 

This final rule does not impose 

additional reporting or recordkeeping 

requirements on either small or large 

Florida citrus handlers or producers. As 

with all Federal marketing order 

programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 


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89278 Federal Register / Vol. 88, No. 247 / Wednesday, December 27, 2023 / Rules and Regulations 

1This order shall not become effective unless and 

until the requirements of § 900.14 of the rules of 

practice and procedure governing proceedings to 

formulate marketing agreements and marketing 

orders have been met. 

duplication by industry and publicsector agencies. AMS has not identified 

any relevant Federal rules that 

duplicate, overlap, or conflict with this 

rule. 

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. 

Like all Committee meetings, the 

November 19, 2020, Committee meeting 

was widely publicized throughout the 

production area. Meetings are held 

virtually or in a hybrid style. 

Participants both large and small have a 

choice whether to attend in person or 

virtually and can participate in the 

Committee’s deliberations on all issues. 

A proposed rule concerning this 

action was published in the Federal 

Register on June 30, 2022 (87 FR 39003). 

A copy of the rule was sent via email 

to the Committee Manager for disposal 

to all Committee members and the 

Florida citrus industry. The proposed 

rule was made available by USDA 

through the internet and the Office of 

the Federal Register. A 60-day comment 

period ending August 29, 2022, was 

provided to allow interested persons to 

respond to the proposals. Seven 

comments were received during the 

comment period, all of which were in 

support of the proposed amendments. 

Based on all the information available to 

AMS at this time, including the 

comments received in response to the 

proposed rule, no substantive changes 

will be made to the amendments as 

proposed. 

A proposed rule and referendum 

order was then published on January 18, 

2023 (88 FR 2862). That document 

directed that a referendum among 

Florida citrus producers be conducted 

during the period of April 3, 2023, 

through May 1, 2023, to determine 

whether they favored the proposed 

amendments to the Order. To become 

effective, the amendments had to be 

approved by two-thirds of the producers 

voting in the referendum or by those 

representing at least two-thirds of the 

volume of citrus grown by those voting 

in the referendum. The results show 

that over 97 percent of the eligible 

producers who voted and over 99 

percent of the volume voted favored all 

four amendments. All of the 

amendments were passed. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: https:// 

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. 

Order Amending the Order Regulating 

the Handling of Oranges, Grapefruit, 

Tangerines, and Pummelos Grown in 

Florida 

Findings and Determinations 1

(a) Findings and Determinations Upon 

the Basis of the Rulemaking Record 

The findings hereinafter set forth are 

supplementary to the findings and 

determinations which were previously 

made in connection with the issuance of 

Marketing Order 905; and all said 

previous findings and determinations 

are hereby ratified and affirmed, except 

insofar as such findings and 

determinations may be in conflict with 

the findings and determinations set 

forth herein. 

1. Marketing Order 905, as amended, 

and as hereby further amended, and all 

the terms and conditions thereof, will 

tend to effectuate the declared policy of 

the Act; 

2. Marketing Order 905, as amended, 

and as hereby further amended, 

regulates the handling of oranges, 

grapefruit, tangerines, and pummelos 

grown in Florida and is applicable only 

to persons in the respective classes of 

commercial and industrial activity 

specified in the Order; 

3. Marketing Order 905, as amended, 

and as hereby further amended, is 

limited in application to the smallest 

regional production area, which is 

practicable, consistent with carrying out 

the declared policy of the Act, and the 

issuance of several marketing orders 

applicable to subdivisions of the 

production area would not effectively 

carry out the declared policy of the Act; 

4. Marketing Order 905, as amended, 

and as hereby further amended, 

prescribes, insofar as practicable, such 

different terms applicable to different 

parts of the production area as are 

necessary to give due recognition to the 

differences in the production and 

marketing of citrus produced or packed 

in the production area; and 

5. All handling of citrus produced or 

packed in the production area, as 

defined in Marketing Order 905, is in 

the current of interstate or foreign 

commerce, or directly burdens, 

obstructs, or affects such commerce. 

(b) Determinations 

It is hereby determined that: 

1. The issuance of this amendatory 

Order, amending the aforesaid Order, is 

favored or approved by producers 

representing at least two-thirds of the 

volume of citrus produced by those 

voting in a referendum on the question 

of approval and who, during the period 

of August 1, 2021, through July 31, 

2022, were engaged within the 

production area in the production of 

such citrus. 

2. The issuance of this amendatory 

Order advances the interests of 

producers of citrus in the production 

area pursuant to the declared policy of 

the Act. 

Order Relative to Handling 

It is therefore ordered, that on and 

after the effective date hereof, all 

handling of oranges, grapefruit, 

tangerines, and pummelos grown in 

Florida shall be in conformity to, and in 

compliance with, the terms and 

conditions of the said Order as hereby 

to be amended as follows: 

The provisions amending the Order 

contained in the proposed rule and 

referendum order, published in the 

Federal Register (88 FR 2862) on 

January 18, 2023, will be and are the 

terms and provisions of this order 

amending the Order and are set forth in 

full herein. 

List of Subjects in 7 CFR Part 905 

Grapefruit, Marketing agreements, 

Oranges, Pummelos, Reporting and 

recordkeeping requirements, 

Tangerines. 

For the reasons set forth in the 

preamble, the Agricultural Marketing 

Service amends 7 CFR part 905 is as 

follows: 

PART 905—ORANGES, GRAPEFRUIT, 

TANGERINES, AND PUMMELOS 

GROWN IN FLORIDA 

■ 1. The authority citation for part 905 

continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. In § 905.14, revise paragraph (a) 

introductory text to read as follows: 

§ 905.14 Redistricting. 

(a) The Committee may, with the 

approval of the Secretary, redefine the 

districts into which the production area 

is divided or reapportion or otherwise 

change the grower membership of 

districts, or both: Provided, That the 

membership shall consist of 10 grower 

members, and any such change shall be 

based, insofar as practicable, upon the 


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Federal Register / Vol. 88, No. 247 / Wednesday, December 27, 2023 / Rules and Regulations 89279 

respective averages for the immediately 

preceding three fiscal periods of: 

* * * * * 

■ 3. In § 905.19, revise paragraph (a) to 

read as follows: 

§ 905.19 Establishment and membership. 

(a) There is hereby established a 

Citrus Administrative Committee 

consisting of 10 grower members. 

Grower members shall be producers 

who produce within the district for 

which they are nominated and selected 

to represent. Grower members may be 

persons who, in addition to being 

producers, are shippers or employees of 

shippers: Provided, that the committee, 

with the approval of the Secretary, may 

establish alternative qualifications for 

such grower members. The committee 

may be increased by one non-industry 

member nominated by the committee 

and selected by the Secretary. The 

committee, with approval of the 

Secretary, shall prescribe qualifications, 

term of office, and the procedure for 

nominating the non-industry member. 

* * * * * 

■ 4. Revise § 905.22 to read as follows: 

§ 905.22 Nominations. 

(a)(1) The Committee shall give public 

notice of a meeting of producers in each 

district, to be held not later than April 

10th of even-numbered years, for the 

purpose of making nominations for 

grower members and alternate grower 

members. The Committee, with the 

approval of the Secretary, shall 

prescribe uniform rules to govern such 

meetings and the balloting thereat. The 

chairman of each meeting shall publicly 

announce at such meeting the names of 

the persons nominated, and the 

chairman and secretary of each such 

meeting shall transmit to the Secretary 

their certification as to the number of 

votes so cast, the names of the persons 

nominated, and such other information 

as the Secretary may request. All 

nominations shall be submitted to the 

Secretary on or before the 20th day of 

April. 

(2) Each nominee shall be a producer 

in the district from which he or she is 

nominated. In voting for nominees, each 

producer shall be entitled to cast one 

vote for each nominee in each of the 

districts in which he or she is a 

producer. At least one of the nominees 

and their alternates so nominated shall 

be affiliated with a bona fide 

cooperative marketing organization. 

(b) Notwithstanding the provisions of 

paragraph (a) of this section, nomination 

and election of members and alternate 

members to the Committee may be 

conducted by mail, electronic mail, or 

other means according to rules and 

regulations recommended by the 

Committee and approved by the 

Secretary. 

■ 5. Revise § 905.23 to read as follows: 

§ 905.23 Selection. 

From the nominations made pursuant 

to § 905.22(a) or from other qualified 

persons, the Secretary shall select 10 

members and 10 alternates. At least one 

such member and their alternate shall 

be affiliated with a bona fide 

cooperative marketing organization. 

■ 6. In § 905.29, revise paragraph (b) to 

read as follows: 

§ 905.29 Inability of members to serve. 

* * * * * 

(b) If both a member and his or her 

respective alternate are unable to attend 

a committee meeting, such member may 

designate another alternate to act in his 

or her place in order to obtain a quorum. 

If the member is unable to designate 

such an alternate, the committee 

members present may designate such 

alternate. 

* * * * * 

■ 7. In § 905.34, revise paragraphs (a), 

(b), and (c) to read as follows: 

§ 905.34 Procedure of committees. 

(a) Seven members of the committee 

shall constitute a quorum. 

(b) For any decision or 

recommendation of the Committee to be 

valid, six concurring votes shall be 

necessary: Provided, That the 

Committee may recommend a regulation 

restricting the shipment of grapefruit 

grown in Regulation Area I or 

Regulation Area II which meets the 

requirements of the Improved No. 2 

grade or the Improved No. 2 Bright 

grade only upon the affirmative vote of 

a majority of its members present from 

the regulation area in which such 

restriction would apply; and whenever 

a meeting to consider a recommendation 

for release of such grade is requested by 

a majority of the members from the 

affected area, the committee shall hold 

a meeting within a reasonable length of 

time for the purpose of considering such 

a recommendation. If after such 

consideration the requesting area 

majority present continues to favor such 

release for their area, the request shall 

be considered a valid recommendation 

and transmitted to the Secretary. The 

votes of each member cast for or against 

any recommendation made pursuant to 

this subpart shall be duly recorded. 

Whenever an assembled meeting is held 

each member must vote in person. 

(c) The committee may provide for 

meeting by telephone, or other means of 

communication, and any vote cast at 

such a meeting shall be promptly 

confirmed in writing: Provided, that if 

any assembled meeting is held, all votes 

shall be cast in person. 

* * * * * 

■ 8. Add § 905.43 before the 

undesignated center heading 

‘‘Regulations’’ to read as follows: 

§ 905.43 Contributions. 

The Committee may accept voluntary 

contributions. Such contributions shall 

be free from any encumbrances by the 

donor and the Committee shall retain 

complete control of their use. 

■ 9. Revise § 905.80 to read as follows: 

§ 905.80 Fruit not subject to regulation. 

(a) Except as otherwise provided in 

this section, any person may, without 

regard to the provisions of §§ 905.52 and 

905.53 and the regulations issued 

thereunder, ship any variety for the 

following purposes: 

(1) To a charitable institution for 

consumption by such institution; 

(2) To a relief agency for distribution 

by such agency; 

(3) To a commercial processor for 

conversion by such processor into 

canned or frozen products or into a 

beverage base; 

(4) By U.S. Mail or private courier; or 

(5) In such minimum quantities, types 

of shipments, or for such purposes as 

the committee with the approval of the 

Secretary may specify. 

(b) No assessment shall be levied on 

fruit so shipped. The committee shall, 

with the approval of the Secretary, 

prescribe such rules, regulations, or 

safeguards as it may deem necessary to 

prevent varieties handled under the 

provisions of this section from entering 

channels of trade for other than the 

purposes authorized by this section. 

Such rules, regulations, and safeguards 

may include the requirements that 

handlers shall file applications with the 

committee for authorization to handle a 

variety pursuant to this section, and that 

such applications be accompanied by a 

certification by the intended purchaser 

or receiver that the variety will not be 

used for any purpose not authorized by 

this section. 

■ 10. Revise § 905.114 to read as 

follows: 

§ 905.114 Redistricting of citrus districts 

and reapportionment of grower members. 

Pursuant to § 905.14, the citrus 

districts and membership allotted each 

district shall be as follows: 

(a) Citrus District One shall include 

that portion of the State of Florida, 

which is bounded by the Suwannee 

River, the Georgia border, the Atlantic 


ddrumheller on DSK120RN23PROD with RULES1
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1Public Law 92–181, 85 Stat. 583. 

2 12 U.S.C. 2207. 

Ocean, and the Gulf of Mexico. This 

district shall have 10 members and 10 

alternates. 

(b) [Reserved] 

■ 11. In § 905.120, revise paragraphs (d) 

and (e) and remove paragraphs (f) and 

(g). 

The revisions read as follows: 

§ 905.120 Nomination procedure. 

* * * * * 

(d) At each meeting each eligible 

person may cast one vote for each of the 

persons to be nominated to represent 

the district or group, as the case may be. 

(e) Voting may be by written ballot. If 

written ballots are used, all ballots shall 

be delivered by the chairman or the 

secretary of the meeting to the agent of 

the Secretary. If written ballots are not 

used, the committee’s representative 

shall deliver to the Secretary’s agent a 

listing of each person nominated and a 

count of the number of votes cast for 

each nominee for grower member and 

alternate. Said representative shall also 

provide the agent the register of eligible 

voters present at each meeting, a listing 

of each person nominated, and the 

number of votes cast. 

■ 12. In § 905.150, revise paragraph (d) 

to read as follows: 

§ 905.150 Eligibility requirements for 

public member and alternate member. 

* * * * * 

(d) The public member should be 

nominated by the Citrus Administrative 

Committee and should serve a 2-year 

term which coincides with the term of 

office of grower members of the 

Committee. 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2023–28315 Filed 12–26–23; 8:45 am] 

BILLING CODE P 

FARM CREDIT ADMINISTRATION 

12 CFR Parts 614 and 620 

RIN 3052–AD54 

Loan Policies and Operations 

AGENCY: Farm Credit Administration. 

ACTION: Final rule. 

SUMMARY: The Farm Credit 

Administration (FCA, we, or our) is 

amending regulations governing young, 

beginning, and small farmers and 

ranchers (YBS). The final rule clarifies 

the responsibilities of funding banks in 

the review and approval of direct lender 

association YBS programs, strengthens 

funding bank internal controls, and 

bolsters YBS business planning. 

DATES: This regulation will be effective 

the later of February 1, 2024, or at least 

30 days after publication in the Federal 

Register during which either or both 

Houses of Congress have been in 

session. We will publish a notice of the 

effective date in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Technical information: Jessica 

Tomlinson-Potter, Senior Policy 

Analyst, Office of Regulatory Policy, 

(703) 819–4667, TTY (703) 883–4056, 

potterj@fca.gov or Legal information: 

Hazem Isawi, Senior Attorney, Office of 

General Counsel, (703) 883–4022, TTY 

(703) 883–4056, isawih@fca.gov. 

SUPPLEMENTARY INFORMATION: 

I. Objectives of the Final Rule 

The objectives of this final rule are to: 

• Increase direct lender associations’ 

YBS activity to a diverse population of 

borrowers; 

• Reinforce the supervisory 

responsibilities of the funding banks, 

authorized by section 4.19 of the Farm 

Credit Act; and 

• Require each direct lender 

association to enhance the strategic plan 

for their YBS program. 

When developing YBS programs, 

direct lender associations should 

consider marketing to all populations of 

YBS farmers and ranchers. Underserved 

communities and groups can be 

overlooked or excluded from marketing 

efforts and education outreach, leaving 

out a potential borrowing base. 

Underserved groups include those 

who have been subjected to racial, 

ethnic, or gender prejudice because of 

their identity as members of the group 

without regard to their individual 

qualities. Examples of underserved 

communities include, but are not 

limited to, Black or African American, 

American Indian and Alaskan Native, 

Hispanic, Asian and Pacific Islander, 

LGBTQIA+, women, veterans, and 

persons with disabilities. These are 

examples of communities with a high 

potential for individuals who may fall 

into the Y, B, and/or S categories of 

borrowers, and direct lender 

associations should target such 

communities specifically to reach the 

entire universe of potential borrowers. 

Underserved communities can often be 

reached in schools and universities, 

professional and social organizations, at 

community gatherings, and local events. 

Every effort should be made to reach 

the entire universe of potential Y, B, and 

S borrowers. Direct lender associations 

should also work with their local Farm 

Service Agency representatives to assist 

the Farm Credit System with its 

directive to serve all creditworthy Y, B, 

and S borrowers by breaking down 

bureaucratic barriers to entry. 

II. Background 

The Farm Credit Act of 1971, as 

amended (Act),1 establishes the Farm 

Credit Administration as the safety and 

soundness regulator of the Farm Credit 

System (FCS or System). As stated in 

the FCA Strategic Plan for FYs 2018– 

2023, our mission is to ensure that 

System institutions are safe, sound, and 

dependable sources of credit and related 

services for all creditworthy and eligible 

persons in agriculture and rural 

America. The System has a unique 

mission to serve YBS farmers and 

ranchers. Section 4.19 of the Act 2

requires each direct lender association 

to establish a program to furnish sound 

and constructive credit and related 

services to YBS farmers and ranchers. 

We continue to believe the System’s 

YBS mission is important to enable 

small and start-up farmers and ranchers 

to make successful entries into 

agricultural production. Also, we 

believe it is important to ensure 

marketing and outreach efforts include 

all eligible and creditworthy persons, 

with specific outreach to achieve 

diversity and inclusion. The System’s 

YBS mission is also critical to facilitate 

the transfer of agricultural operations 

from one generation to the next. We 

remain committed to ensuring the 

System fulfills its important mission to 

YBS farmers and ranchers. 

We published a proposed rule on June 

16, 2022 (NPRM), recommending 

updates to FCA’s YBS regulations, 

which were last updated almost 20 

years ago. This final rule largely adopts 

the proposal with certain changes made 

in response to comments, with a 

particular focus on reducing an 

increased administrative burden. 

Comment letters, along with our 

responses are discussed below. 

III. Comments and Our Responses 

The comment period ended August 

15, 2022. We received 67 comment 

letters. Most comments came from 

System institutions or persons affiliated 

with the System, with one letter from 

the Farm Credit Council (Council) 

acting on behalf of its membership. We 

also received three letters from trade 

groups representing commercial 

banking. 

Most commenters requested we 

withdraw the proposed rule and keep 

the existing regulations in place. Some 

commenters offered solutions to bolster 

practices such as continued 


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