57538 Federal Register / Vol. 65, No. 186 / Monday, September 25, 2000 / Rules and Regulations

Part 657, Subpart A.) Since the

implementing legislation was passed,

the names of the offices and titles of

officials charged with conducting

important farmland inventories have

changed. This amendment reflects those

changes. In addition, this rule amends

the authority citation to clarify the list

of statutory authorities for the

inventories.

These rules are not expected to have

significant economic impact under the

criteria of the Regulatory Flexibility Act.

They will not impose information

collection requirements under the

provisions of the Paperwork Reduction

Act of 1980, 44 U.S.C. Chapter 35.

List of Subjects in 7 CFR Part 657

Farmlands.

For the reasons set forth above,

Subpart A, Part 657 of Chapter VI of

Title 7 of the Code of Federal

Regulations is amended as follows:

PART 657—PRIME AND UNIQUE

FARMLAND

Subpart A—Important Farmlands

Inventory

1. The authority citation for Subpart

A, Part 657 is revised to read as follows:

Authority: 7 U.S.C. 1010a; 16 U.S.C. 590a–

590f; 42 U.S.C. 3271–3274.

§ 657.4 [Amended]

2. Section 657.4(a)(3)(iii) is amended

by revising ‘‘NRCS Technical Service

Centers (TSC’s). (See 7 600.3, 600.6)’’ to

read ‘‘National Soil Survey Center. (see

7 CFR 600.2(c), 600.6)’’.

3. Section 657.4(a)(4) is amended by

revising the first sentence to read as

follows: ‘‘Coordinate soil mapping units

that qualify as prime farmlands with

adjacent States, including Major Land

Resource Area Offices (see 7 CFR 600.4,

600.7) responsible for the soil series.’’

4. Section 657.4(a)(6) is amended by

revising ‘‘Administrator’’ to read

‘‘Chief’’.

5. Section 657.4(b) is amended by

revising the heading and the first

sentence to read as follows: ‘‘National

Soil Survey Center. The National Soil

Survey Center is to provide requested

technical assistance to State

Conservationists and Major Land

Resource Area Offices in inventorying

prime and unique farmlands (see 7 CFR

600.2(c)(1), 600.4, 600.7).’’

6. Section 657.4(c) is amended by

revising ‘‘Assistant Administrator for

Field Services (See 7 CFR 600.2)’’ to

read ‘‘Deputy Chief for Soil Survey and

Resource Assessment (see 7 CFR

600.2(b)(3))’’.

Signed in Washington, D.C. on September

14, 2000.

Pearlie S. Reed,

Chief.

[FR Doc. 00–24525 Filed 9–22–00; 8:45 am]

BILLING CODE 3410–16–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 905

[Docket No. FV00–905–3 FR]

Oranges, Grapefruit, Tangerines, and

Tangelos Grown in Florida; Increase in

the Minimum Size Requirements for

Dancy, Robinson, and Sunburst

Tangerines

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This rule increases the

minimum size requirements for Dancy,

Robinson, and Sunburst tangerines

grown in Florida. The minimum size

requirements increase to 26⁄16 inches

diameter for both domestic and export

shipments. The marketing order

regulates the handling of oranges,

grapefruit, tangerines, and tangelos

grown in Florida and is administered

locally by the Citrus Administrative

Committee (Committee). This rule will

help the Florida tangerine industry meet

market demands for larger fruit and

should help increase returns to

producers.

EFFECTIVE DATE: This final rule becomes

effective September 26, 2000.

FOR FURTHER INFORMATION CONTACT:

William G. Pimental, Marketing

Specialist, Southeast Marketing Field

Office, Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, P.O. Box 2276, Winter

Haven, Florida 33883–2276; telephone:

(863) 299–4770, Fax: (863) 299–5169; or

George Kelhart, Technical Advisor,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, room 2525–S, P.O. Box

96456, Washington, DC 20090–6456;

telephone: (202) 720–2491, Fax: (202)

720–5698.

Small businesses may request

information on complying with this

regulation by contacting Jay Guerber,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, P.O. Box 96456, room

2525–S, Washington, DC 20090–6456;

telephone: (202) 720–2491, Fax: (202)

720–5698, or E-mail:

Jay.Guerber@usda.gov.

SUPPLEMENTARY INFORMATION: This final

rule is issued under Marketing

Agreement No. 84 and Marketing Order

No. 905, both as amended (7 CFR part

905), regulating the handling of oranges,

grapefruit, tangerines, and tangelos

grown in Florida, hereinafter referred to

as the ‘‘order.’’ The 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

(Department) 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 the Secretary 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 the Secretary 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 the Secretary’s ruling on the

petition, provided an action is filed not

later than 20 days after the date of the

entry of the ruling.

The order for Florida citrus provides

for the establishment of minimum grade

and size requirements with the

concurrence of the Secretary. The

minimum grade and size requirements

are designed to provide fresh markets

with fruit of acceptable quality and size,

thereby maintaining consumer

confidence for fresh Florida citrus. This

contributes to stable marketing

conditions in the interest of growers,

handlers, and consumers, and helps

increase returns to Florida citrus

growers. The current minimum grade

standard for domestic and export

shipments of Dancy, Robinson, and

Sunburst tangerines is U.S. No. 1. The

current minimum size requirement for

domestic shipments is 24⁄16 inches in

diameter (size 210), and the minimum

size for export shipments is 22⁄16 inches

Federal Register / Vol. 65, No. 186 / Monday, September 25, 2000 / Rules and Regulations 57539

in diameter for Dancy tangerines and

24⁄16 for Robinson and Sunburst.

This final rule changes the order’s

rules and regulations by increasing the

minimum size requirement for domestic

and export shipments of Dancy,

Robinson, and Sunburst tangerines. This

rule increases the minimum size to 26⁄16

inches in diameter for Dancy, Robinson,

and Sunburst tangerines both for

domestic and export shipments. This

rule will help the Florida tangerine

industry meet market and industry

demand for larger fruit and should help

increase returns to producers. The

Committee met on May 26, 2000, and

unanimously recommended this action.

Section 905.52 of the order, in part,

authorizes the Committee to recommend

minimum grade and size regulations to

the Secretary. Section 905.306 (7 CFR

part 905.306) specifies minimum grade

and size requirements for different

varieties of fresh Florida tangerines.

Such requirements for domestic

shipments are specified in § 905.306 in

Table I of paragraph (a), and for export

shipments in Table II of paragraph (b).

This rule adjusts Table I and Table II to

establish a minimum size of 26⁄16 inches

diameter for Dancy, Robinson, and

Sunburst tangerines.

This rule increases the minimum size

requirement for domestic and export

shipments of Dancy, Robinson, and

Sunburst tangerines. Based on an

analysis of markets and demands of

buyers, the Committee believes that an

increase in minimum size will improve

the marketing of Florida tangerines.

This follows an industry movement

toward shipping larger tangerines. New

commercial varieties have resulted in

larger-sized tangerines being shipped in

response to a strong consumer demand.

Because of this demand, production of

larger tangerines has been a popular

method of improving returns among

producers as it also increases total

yields.

The shift toward tangerine varieties

producing larger fruit has been in

response to customer needs. Robinson

and Dancy tangerines tend to be smaller

varieties. Overall, production of these

two varieties has decreased by more

than 60 percent from the 1995–96

season to the 1999–2000 season.

Conversely, production of larger-sized

varieties such as Sunburst and Fallglo

has been increasing. In terms of total

shipments of Dancy, Robinson, and

Sunburst tangerines, Sunburst

represented almost 95 percent of

combined shipments for the 1999–2000

season.

The preference for large sizes is also

evident in the volume of small sizes

shipped. From the 1995–96 season to

the 1999–2000 season, shipments of size

210 fruit accounted for on average less

than 1.3 percent of total Dancy,

Robinson, and Sunburst tangerine

shipments. Even during the 1998–99

season when sizes for all Florida citrus

were unusually small, shipments of size

210 tangerines only accounted for 2.3

percent of total shipments of these three

varieties.

The change in the minimum size was

recommended to address this movement

of customer demand and industry

production toward larger sizes. Size

continues to be a major influence on

price. The Committee believes that the

availability of small size 210 fruit has a

negative affect on market price. In terms

of price, a carton of size 210 (24⁄16 inch

diameter) tangerines can be as much as

$3 less than a carton of size 176 (26⁄16

inch) tangerines. For the 1999–2000

season, the average price for a carton of

size 210 Dancy, Robinson, or Sunburst

tangerines was $7.80. This compares to

a weighted average price for all sizes of

$11.26. The Committee believes

increasing the minimum size better

matches supply with demand and will

lessen the price depressing affect of

smaller sizes.

In addition, the seasons for these

three varieties are short. The season for

the Dancy tends to be three weeks long,

five weeks for the Robinson, and 12

weeks for the Sunburst. With this short

marketing window, it is of increased

importance that only the best, most

preferred fruit enters the market. The

market has no time to recover from

shipments of fruit that have a

depressing effect on price. Also, on

average, approximately 65 percent of the

crop for these three varieties goes to the

fresh market. With the on tree price for

processing averaging less than $1.00, it

is imperative that the fresh market be

maintained.

The increase in the minimum size to

26⁄16 inches in diameter is not expected

to significantly affect the total number

of shipments. During the 1999–2000

season, of the approximate 3,821,000 4⁄5

bushel container shipments of Dancy,

Robinson, and Sunburst tangerines from

Florida, only about 20,670 cartons were

size 210. Therefore, the increase in the

size requirement would only reduce

shipments by around 0.5 percent. This

change will also make the minimum

size consistent for all tangerines, as the

minimum size is already 26⁄16 inches for

Fallglo and Honey tangerines.

Experience has shown that providing

uniform quality and size acceptable to

consumers helps stabilize the market,

improve grower returns, and foster

market growth. The increased minimum

size matches size to market preferences,

and is expected to benefit both

producers and handlers of Florida

tangerines. Increasing the minimum size

is expected to further enhance consumer

demand and encourage repeat purchases

resulting in increased returns to

producers. Therefore, based on available

information, the Committee

unanimously recommended that the

minimum size for shipping Dancy,

Robinson, or Sunburst tangerines to the

domestic and export market be 26⁄16

inches in diameter.

Handlers in Florida shipped

approximately 3,821,000 4⁄5 bushel

cartons of Dancy, Robinson, and

Sunburst tangerines to the fresh market

during the 1999–2000 season. Of these

cartons, about 150,000 were exported. In

the past three seasons, domestic

shipments of Florida Dancy, Robinson,

and Sunburst tangerines averaged about

3.5 million cartons.

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

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 55 tangerine

handlers who are subject to regulation

under the order, and approximately

11,000 growers of citrus in the regulated

area. Small agricultural service firms,

which include tangerine handlers, are

defined by the Small Business

Administration (SBA) as those having

annual receipts of less than $5,000,000,

and small agricultural producers are

defined as those having annual receipts

of less than $500,000 (13 CFR 121.201).

Based on industry and Committee

data for the 1999–2000 season, the

average annual f.o.b. price for fresh

tangerines was around $12.00 per 4⁄5

bushel carton, and total fresh shipments

of Dancy, Robinson, and Sunburst

tangerines for the 1999–2000 season

were 3,821,000 cartons. Approximately

25 percent of all handlers handled 70

percent of Florida tangerine shipments.

In addition, many of these handlers ship

other citrus fruit and products which

are not included in Committee data but

would contribute further to handler

receipts. Using the average f.o.b. price,

57540 Federal Register / Vol. 65, No. 186 / Monday, September 25, 2000 / Rules and Regulations

about 55 percent of tangerine handlers

could be considered small businesses

under SBA’s definition. The majority of

these handlers, and growers may be

classified as small entities.

This rule increases the minimum size

requirement for domestic and export

shipments of tangerines to 26⁄16 inches

in diameter for the Dancy, Robinson,

and Sunburst varieties. The current

minimum size requirement for domestic

shipments is 24⁄16 inches in diameter,

and the minimum size for export

shipments is 22⁄16 inches in diameter for

Dancy tangerines and 24⁄16 for Robinson

and Sunburst. Section 905.52 of the

order, in part, authorizes the Committee

to recommend minimum grade and size

regulations to the Secretary. Section

905.306 (7 CFR part 905.306) specifies

minimum grade and size requirements

for different varieties of fresh Florida

tangerines. Such requirements for

domestic shipments are specified in

§ 905.306 in Table I of paragraph (a),

and for export shipments in Table II of

paragraph (b). This rule adjusts Table I

and Table II to establish a minimum size

of 26⁄16 inches in diameter for Dancy,

Robinson, and Sunburst tangerines. This

rule will help the Florida tangerine

industry meet market and industry

demands and should help increase

returns to producers.

The costs associated with this rule are

expected to be minimal. The increase in

the minimum size is not expected to

significantly affect the total number of

tangerine shipments. Rather, the

Committee believes this size increase

will help improve the marketing of

Florida tangerines. The direct cost

related to this change would stem from

the shipment volume of size 210

tangerines times price. In terms of last

season, that would be approximately

20,670 cartons times the average price

for size 210 tangerines, $7.80, for a

possible cost of about $161,226.

However, the Committee believes that

this action will help stabilize prices and

increase shipments. This change was

made to address the increasing demand

for larger sizes. While there are some

short-term costs associated with

increasing the minimum size, the

benefits are expected to outweigh the

costs. If this regulation just succeeds in

raising returns five cents a carton, it

would more than cover its costs. In

addition, this change should not require

the purchase of any additional

equipment. This action is consistent

with current and anticipated demand.

The opportunities and benefits of this

rule are expected to be equally available

to tangerine handlers and growers

regardless of their size of operation.

The Committee considered one

alternative to this action. The

Committee discussed leaving the

regulations as they were. However, this

alternative was rejected based on the

consideration of current demand for

larger sizes and the possible negative

impact on price resulting from

maintaining the current minimum size.

This rule increases size requirements

under the marketing order for Florida

citrus. Accordingly, this action will not

impose any additional reporting or

recordkeeping requirements on either

small or large tangerine 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.

As noted in the initial regulatory

flexibility analysis, the Department has

not identified any relevant Federal rules

that duplicate, overlap or conflict with

this rule. However, tangerines must

meet the requirements as specified in

the U.S. Standards for Grades of Florida

Tangerines (7 CFR 51.1810 through

51.1837) issued under the Agricultural

Marketing Act of 1946 (7 U.S.C. 1621

through 1627).

In addition, the Committee’s meeting

was widely publicized throughout the

Florida citrus industry and all interested

persons were invited to attend the

meeting and participate in Committee

deliberations on all issues. Like all

Committee meetings, the May 26, 2000,

meeting was a public meeting and all

entities, both large and small, were able

to express their views on this issue.

A proposed rule concerning this

action was published in the Federal

Register on August 1, 2000 (65 FR

46879). Copies of the rule were mailed

or sent via facsimile to all Committee

members and Florida citrus handlers.

Finally, the rule was made available

through the Internet by the Office of the

Federal Register. A 30-day comment

period ending August 31, 2000, was

provided to allow 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

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). Tangerine shipments are

expected to begin in September, and

handlers are ready to comply with the

increased size requirements of this rule,

which were recommended at a public

meeting of the Committee. Also, a 30-

day comment period was provided for

in the proposed rule, and no comments

were received.

List of Subjects in 7 CFR Part 905

Grapefruit, Marketing agreements,

Oranges, Reporting and recordkeeping

requirements, Tangerines, Tangelos.

For the reasons set forth in the

preamble, 7 CFR part 905 is amended as

follows:

PART 905—ORANGES, GRAPEFRUIT,

TANGERINES, AND TANGELOS

GROWN IN FLORIDA

1. The authority citation for 7 CFR

part 905 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. In § 905.306, Table I in paragraph

(a) and Table II in paragraph (b) are

amended by revising the entries for

Dancy, Robinson, and Sunburst under

‘‘Tangerines,’’ to read as follows:

§ 905.306 Orange, Grapefruit, Tangerine,

and Tangelo Regulation.

(a) * * *

Federal Register / Vol. 65, No. 186 / Monday, September 25, 2000 / Rules and Regulations 57541

TABLE II

Variety Regulation period Minimum grade

Minimum

diameter

(inches)

(1) (2) (3) (4)

TANGERINES

Dancy, ...................................................... On and after September 26, 2000 .......... U.S. No. 1 ............................................... 2–6/16

*******

Robinson, ................................................. On and after September 26, 2000 .......... U.S. No. 1 ............................................... 2–6/16

Sunburst, .................................................. On and after September 26, 2000 .......... U.S. No. 1 ............................................... 2–6/16

* * * * * (b) * * *

TABLE II

Variety Regulation period Minimum grade

Minimum

diameter

(inches)

(1) (2) (3) (4)

TANGERINES

Dancy, ...................................................... On and after September 26, 2000 .......... U.S. No. 1 ............................................... 2–6/16

*******

Robinson, ................................................. On and after September 26, 2000 .......... U.S. No. 1 ............................................... 2–6/16

Sunburst, .................................................. On and after September 26, 2000 .......... U.S. No. 1 ............................................... 2–6/16

* * * * *

Dated: September 18, 2000.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 00–24505 Filed 9–22–00; 8:45 am]

BILLING CODE 3410–02–U

SMALL BUSINESS ADMINISTRATION

13 CFR Parts 124 and 134

8(a) Business Development/Small

Disadvantaged Business Status

Determinations; Rules of Procedure

Governing Cases Before the Office of

Hearings and Appeals

AGENCY: Small Business Administration.

ACTION: Direct final rule.

SUMMARY: Due to a reorganization

within the Office of General Counsel at

the Small Business Administration

(SBA), a new Office of Procurement Law

was created to handle all procurementrelated legal issues at SBA. Among other

things, this new office will represent the

Agency in all administrative litigation

involving size and SIC code appeals,

eligibility appeals relating to the 8(a)

Business Development (BD) and Small

Disadvantaged Business (SDB)

programs, suspensions of firms in the

8(a) BD program, and appeals of denials

of requests for waivers of contract

performance requirements in the 8(a)

BD program. This rule changes the point

of contact identified in SBA’s

regulations for these types of

administrative appeals from the

Associate General Counsel for General

Law to the Associate General Counsel

for Procurement Law.

DATES: This rule is effective on October

25, 2000. Comments must be submitted

by October 10, 2000. If adverse

comment is received, SBA will publish

a timely withdrawal of the rule in the

Federal Register.

ADDRESSES: Written comments should

be addressed to John W. Klein, Acting

Associate General Counsel for

Procurement Law, Small Business

Administration, 409 Third Street, SW.,

Washington, DC 20416.

FOR FURTHER INFORMATION CONTACT:

Genemarie M. Pade (202) 205–6639.

SUPPLEMENTARY INFORMATION: The Small

Business Administration (SBA) recently

reorganized its Office of General

Counsel. As a result of this

reorganization, a new Office of

Procurement Law was created to handle

all procurement-related legal issues at

SBA. Previously, procurement law

issues at SBA were handled by the

Office of General Law within the Office

of General Counsel. The Office of

General Law represented the Agency in

administrative litigation involving: (1)

Denials of Small Disadvantaged

Business (SDB) certification; (2) denials

of 8(a) Business Development (BD)

program participation; (3) SIC code and

size determinations; (4) suspensions of

8(a) BD program assistance; and (5)

denials of requests for waivers of

contract performance requirements in

the 8(a) BD program. After the

reorganization, the Office of General

Law continues to exist, but will no

longer handle procurement law issues.

The Office of Procurement Law will

now represent the Agency in all

procurement-related appeals to SBA’s

Office of Hearings and Appeals. Because

of this internal change at SBA, SBA’s

regulations need to be changed to

identify the Associate General Counsel

for Procurement Law as the individual

upon whom copies of appeals need to

be served. Thus, for the five types of

appeals to SBA’s Office of Hearings and

Appeals identified above, this rule

changes the point of contact identified

in SBA’s regulations for these types of

administrative appeals from the

Associate General Counsel for General

Law to the Associate General Counsel

for Procurement Law.