This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

58672

Vol. 65, No. 191

Monday, October 2, 2000

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 905 and 944

[Docket No. FV00–905–2 PR]

Oranges, Grapefruit, Tangerines, and

Tangelos Grown in Florida and

Imported Grapefruit; Relaxation of the

Minimum Size Requirements for Red

Seedless Grapefruit

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Proposed rule.

SUMMARY: This rule would relax

minimum size requirements for red

seedless grapefruit grown in Florida and

for red seedless grapefruit imported into

the United States from size 48 (39⁄16

inches diameter) to size 56 (35⁄16 inches

diameter). The Citrus Administrative

Committee (Committee), the agency that

locally administers the marketing order

for oranges, grapefruit, tangerines, and

tangelos grown in Florida,

recommended this change for Florida

red seedless grapefruit. The change in

the import regulation is required under

section 8e of the Agricultural Marketing

Agreement Act of 1937. This change

would allow handlers and importers to

ship size 56 red seedless grapefruit, and

is expected to maximize grapefruit

shipments to fresh market channels.

DATES: Comments must be received by

October 17, 2000.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this proposal. Comments

must be sent to the Docket Clerk,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, room 2525–S, P.O. Box

96456, Washington, DC 20090–6456;

Fax: (202) 720–5698, or E-mail:

moab.docketclerk@usda.gov. All

comments should reference the docket

number and the date and page number

of this issue of the Federal Register and

will be available for public inspection in

the Office of the Docket Clerk during

regular business hours, or can be viewed

at: http://www.ams.usda.gov/fv/moab/

html.

FOR FURTHER INFORMATION CONTACT:

Doris Jamieson, Marketing Specialist,

Southeast Marketing Field Office,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

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

Haven, Florida 33883; 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

proposed 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.’’

This proposed rule also is issued

under section 8e of the Act, which

provides that whenever certain

specified commodities, including

grapefruit, 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.

The Department of Agriculture

(Department) is issuing this rule in

conformance with Executive Order

12866.

This proposed rule has been reviewed

under Executive Order 12988, Civil

Justice Reform. This rule is not intended

to have retroactive effect. This proposal

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.

There are no administrative

procedures which must be exhausted

prior to any judicial challenge to the

provisions of import regulations issued

under section 8e of the Act.

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 red seedless grapefruit is

U.S. No. 1. The current minimum size

requirement for domestic shipments is

size 56 (at least 35⁄16 inches in diameter)

through November 12, 2000, and size 48

(39⁄16 inches in diameter), thereafter.

The current minimum size for export

shipments is size 56 throughout the

year.

This proposed rule invites comments

on a change to the order’s rules and

regulations that would relax the

minimum size requirement for domestic

shipments of red seedless grapefruit.

This rule would relax the minimum size

from size 48 (39⁄16 inches in diameter)

to size 56 (35⁄16 inches in diameter).

Federal Register / Vol. 65, No. 191 / Monday, October 2, 2000 / Proposed Rules 58673

Absent this change, the minimum size

would revert to size 48 (39⁄16 inches in

diameter) on November 13, 2000. This

change would allow handlers and

importers to continue to ship size 56 red

seedless grapefruit, and it is expected to

maximize grapefruit shipments to fresh

market channels. 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 grapefruit.

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 to establish a

minimum size of 56 (35⁄16 inches

diameter). Minimum grade and size

requirements for grapefruit imported

into the United States are currently in

effect under § 944.106 (7 CFR part

944.106). This rule also adjusts

§ 944.106 to establish a minimum size of

56. Export requirements for Florida red

seedless grapefruit are not changed by

this rule.

In the past, the Committee

recommended relaxing the minimum

size for red seedless grapefruit to size 56

in one year intervals. Rather than

continuing to make this

recommendation each year, the

Committee recommended relaxing the

minimum size for red seedless

grapefruit from size 48 (39⁄16 inches in

diameter) to size 56 (35⁄16 inches in

diameter) on a continuous basis. In

making this recommendation, the

Committee recognized that the

reasoning behind past recommendations

to relax the minimum size to size 56

would most probably continue to exist

at least into the foreseeable future.

As in the past, the Committee

considered supply and demand in

making its recommendation. Since the

1994–95 season, the production of red

seedless grapefruit has been somewhere

between 28.1 and 31.4 million 13⁄5

bushel boxes each year. Future

production is expected to be near or

below this range.

The Committee expects fresh market

demand to continue to be sufficient to

permit the shipment of size 56 red

seedless grapefruit. The Committee

believes that domestic markets have

been developed for size 56 fruit and that

the industry should continue to supply

those markets. This size relaxation

would enable Florida grapefruit

shippers to continue shipping size 56

red seedless grapefruit to the domestic

market. This rule would have a

beneficial impact on producers and

handlers because it would permit

Florida grapefruit handlers to make

available the sizes of fruit needed to

meet consumer needs. Matching the

sizes with consumer needs is consistent

with current and anticipated demand,

and would maximize shipments to fresh

market channels.

For the grapefruit industry, it is

important to maximize shipments to the

fresh market. This is especially true for

red seedless grapefruit because the

returns for processing are negligible.

On-tree returns for processed red

seedless grapefruit averaged $.17 per

13⁄5 bushel box from 1994 through 1999.

In many cases, this is below the cost of

production. Comparatively, the average

on-tree return is $3.32 for fresh

shipments during the same period.

For the years 1994 through 1999, fresh

domestic shipments of red seedless

grapefruit averaged 16.7 million 4⁄5

bushel cartons per season. Of these

shipments, approximately 2.9 percent

were size 56. The average f.o.b. price for

size 56 red seedless grapefruit was $5.22

during the 1998–99 season. Combining

this price with the average volume of

size 56 calculates an approximate

market value of $2.5 million for size 56

red seedless grapefruit.

During the first 11 weeks of the

season, beginning with the third week

in September, the Committee has been

using a volume regulation to limit the

volume of small red seedless grapefruit

that can enter the fresh market. The

Committee has used this regulation for

the past three seasons, and has

recommended using it again for the

upcoming season. The Committee

believes the percentage size regulation

has been helpful in reducing the

negative effects of having size 56 red

seedless grapefruit available on the

domestic market, and that no other

restrictions on size 56 are needed.

Therefore, based on available

information, the Committee

unanimously recommended that the

minimum size for shipping red seedless

grapefruit to the domestic market

should be size 56. This minimum size

change would pertain to the domestic

market, and would not change the

minimum size for export shipments,

which will remain at size 56. The largest

market for size 56 red seedless

grapefruit is for export. Additionally,

importers would be favorably affected

by this change since the relaxation of

the minimum size regulation would also

apply to imported grapefruit.

Section 8e of the Act provides that

when certain domestically produced

commodities, including grapefruit, are

regulated under a Federal marketing

order, imports of that commodity must

meet the same or comparable grade,

size, quality, and maturity requirements.

Since this rule would relax the

minimum size requirement under the

domestic handling regulations, a

corresponding change to the import

regulations must also be considered.

Minimum grade and size

requirements for grapefruit imported

into the United States are currently in

effect under § 944.106 (7 CFR 944.106).

This rule would relax the minimum size

requirement for imported red seedless

grapefruit to 35⁄16 inches in diameter

(size 56), to reflect the relaxation being

made under the order for red seedless

grapefruit grown in Florida.

Handlers in Florida shipped

approximately 33,650,000 4⁄5 bushel

cartons of grapefruit to the fresh market

during the 1999–2000 season. Of these

cartons, about 18,463,000 were

exported. In the past three seasons,

domestic shipments of Florida

grapefruit averaged about 16,172,000

cartons. Imports totaled about 456,470

cartons in 1999. Imports account for less

than five percent of domestic grapefruit

shipments.

During the period January 1, 1999,

through December 31, 1999, imports of

grapefruit totaled 19,400,000 pounds

(approximately 456,470 cartons). Recent

yearly data indicate that imports from

May through November are typically

negligible. Future imports should not

vary significantly from the 19,400,000

pounds. The Bahamas were the

principal source of imported grapefruit,

accounting for 93 percent of the total.

Israel, Mexico and Turkey supplied

remaining imports. Most imported

grapefruit enters the United States from

November through May.

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

initial 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 75 grapefruit

handlers who are subject to regulation

under the order, and approximately

11,000 growers of citrus in the regulated

58674 Federal Register / Vol. 65, No. 191 / Monday, October 2, 2000 / Proposed Rules

area, and about 25 grapefruit importers.

Small agricultural service firms, which

include grapefruit handlers and

importers, are defined by the Small

Business Administration (13 CFR

121.201) 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.

Based on the industry and Committee

data for the 1999–2000 season, the

average annual f.o.b. price for fresh

Florida red seedless grapefruit was

around $7.52 per 4⁄5 bushel carton, and

total fresh shipments for the 1999–2000

season are estimated at 25.6 million

cartons of red seedless grapefruit.

Approximately 25 percent of all

handlers handled 70 percent of Florida

grapefruit 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, about 69 percent of

grapefruit handlers could be considered

small businesses under SBA’s

definition. The majority of handlers,

importers, and growers may be

classified as small entities.

During the period January 1, 1999,

through December 31, 1999, imports of

grapefruit totaled 19,400,000 pounds

(approximately 456,470 cartons). Recent

yearly data indicate that imports from

May through November are typically

negligible. Future imports should not

vary significantly from the 19,400,000

pounds. The Bahamas were the

principal source of imported grapefruit,

accounting for 93 percent of the total.

Israel, Mexico, and Turkey supplied

remaining imports. Most imported

grapefruit enters the United States from

November through May.

This proposed rule would relax the

minimum size requirement for domestic

shipments of red seedless grapefruit

from size 48 (3–9/16 inches in diameter)

to size 56 (3–5/16 inches in diameter).

Absent this rule, the minimum size

requirement for domestic shipments

would revert to size 48 on November 13,

2000. The Committee believes that

domestic markets have been developed

for size 56 red seedless grapefruit and

that the industry should continue to

supply those markets. This change

would allow handlers and importers to

continue to ship size 56 red seedless

grapefruit, and it is expected to

maximize shipments to fresh market

channels. The Committee unanimously

recommended this action. Section

905.306 specifies the minimum grade

and size requirements for different

varieties of fresh Florida grapefruit.

Authority for this action is provided in

§ 905.52 of the order.

This action would provide for the

continued shipment of size 56 red

seedless grapefruit. This change is not

expected to increase costs associated

with the order requirements, or the

grapefruit import regulation. This rule

would have a positive impact on

affected entities. This rule would benefit

producers and handlers by making

available those sizes of fruit needed to

meet consumer needs. This is consistent

with current and anticipated demand,

and would provide for the maximization

of shipments to fresh market channels.

The opportunities and benefits of this

rule are expected to be equally available

to all grapefruit handlers, growers, and

importers regardless of their size of

operation.

Section 8e of the Act provides that

when certain domestically produced

commodities, including grapefruit, are

regulated under a Federal marketing

order, imports of that commodity must

meet the same or comparable grade,

size, quality, and maturity requirements.

Because this rule would change the

minimum size for domestic red seedless

grapefruit shipments, a similar change

would also be applicable to imported

grapefruit. Therefore, this rule would

also relax the minimum size for

imported red seedless grapefruit to size

56. This regulation would benefit

importers to the same extent that it

would benefit Florida grapefruit

producers and handlers because it

would continue to allow shipments of

size 56 red seedless grapefruit into U.S.

markets.

The Committee considered one

alternative to this action. The

Committee discussed relaxing the

minimum size to size 56 for one year,

as in the past, rather than on a

continuous basis. Members said that,

rather than discussing the issue each

year and recommending a change, they

would prefer to make the change

effective on a continuous basis. They

also stated that should they ever want

to increase the minimum size, they

could meet and recommend the change

to the Secretary. Therefore, the option of

relaxing the minimum size for one year

was rejected.

This proposed rule would relax size

requirements under the marketing order

for Florida citrus. Accordingly, this

action would not impose any additional

reporting or recordkeeping requirements

on either small or large red seedless

grapefruit handlers and importers. As

with all Federal marketing order

programs, reports and forms are

periodically reviewed to reduce

information requirements and

duplication by industry and public

sector agencies.

The Department has not identified

any relevant Federal rules that

duplicate, overlap or conflict with this

proposed rule. However, red seedless

grapefruit must meet the requirements

as specified in the U.S. Standards for

Grades of Florida Grapefruit (7 CFR

51.750 through 51.784) 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.

Finally, interested persons are invited to

submit information on the regulatory

and informational impacts of this action

on small businesses.

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.

In accordance with section 8e of the

Act, the United States Trade

Representative has concurred with the

issuance of this proposed rule.

A 15-day comment period is provided

to allow interested persons to respond

to this proposal. Fifteen days is deemed

appropriate because this rule would

need to be in place on November 13,

2000. This action is similar to those

recommended in previous seasons, and

it was unanimously recommended by

the Committee. All written comments

timely received will be considered

before a final determination is made on

this matter.

List of Subjects

7 CFR Part 905

Grapefruit, Marketing agreements,

Oranges, Reporting and recordkeeping

requirements, Tangelos, Tangerines.

7 CFR Part 944

Avocados, Food grades and standards,

Grapefruit, Grapes, Imports, Kiwifruit,

Limes, Olives, Oranges.

For the reasons set forth above, 7 CFR

Parts 905 and 944 are proposed to be

amended as follows:

1. The authority citation for 7 CFR

part 905 continues to read as follows:

Authority: 7 U.S.C. 601–674.

Federal Register / Vol. 65, No. 191 / Monday, October 2, 2000 / Proposed Rules 58675

PART 905—ORANGES, GRAPEFRUIT,

TANGERINES, AND TANGELOS

GROWN IN FLORIDA

2. In § 905.306, the table in paragraph

(a) is amended by revising the entry for

‘‘Seedless, red’’ to read as follows:

§ 905.306 Orange, Grapefruit, Tangerine,

and Tangelo Regulation.

(a) * * *

TABLE I

Variety Regulation period Minimum grade

Minimum

Diameter

(Inches)

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

GRAPEFRUIT

*******

Seedless, Red ........................................... On and after 11/13/00 .............................. U.S. No. 1 ................................................. 3–5/16

*******

PART 944—FRUITS; IMPORT

REGULATIONS

3. In § 944.106, the table in

paragraphs (a) is amended by revising

the entry for ‘‘Seedless, red’’ to read as

follows:

§ 944.106 Grapefruit import regulation.

(a) * * *

Grapefruit classification Regulation period Minimum grade

Minimum

diameter

(inches)

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

*******

Seedless, red ............................................ On and after 11/13/00 .............................. U.S. No. 1 ................................................. 3–5/16

*******

Dated: September 27, 2000.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 00–25188 Filed 9–27–00; 4:21pm]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–CE–55–AD]

RIN 2120–AA64

Airworthiness Directives; Pilatus

Aircraft Ltd. Models PC–12 and PC–12/

45 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes to

adopt a new airworthiness directive

(AD) that would apply to certain Pilatus

Aircraft Ltd. (Pilatus) Models PC–12 and

PC–12/45 airplanes that are equipped

with a certain windshield configuration.

The proposed AD would require you to

incorporate pilot’s operating handbook

(POH) information that would prohibit

the operation of the windshield heating

system in the ‘‘LIGHT’’ mode, and

would require you to modify the

windshield deicing system wiring and

circuit breakers. You could remove the

POH information after accomplishing

the modification. The proposed AD is

the result of mandatory continuing

airworthiness information (MCAI)

issued by the airworthiness authority for

Switzerland. The actions specified by

the proposed AD are intended to

prevent loss of electrical power to the

windshield deicing system due to

operation in the ‘‘LIGHT’’ mode, which

could result in icing of the windshield

and loss of control of the airplane.

DATES: The Federal Aviation

Administration (FAA) must receive any

comments on this proposed rule on or

before November 7, 2000.

ADDRESSES: Submit comments in

triplicate to FAA, Central Region, Office

of the Regional Counsel, Attention:

Rules Docket No. 2000–CE–55–AD, 901

Locust, Room 506, Kansas City,

Missouri 64106. Comments may be

inspected at this location between 8

a.m. and 4 p.m., Monday through

Friday, holidays excepted.

Service information that applies to the

proposed AD may be obtained from

Pilatus Aircraft Ltd., Customer Liaison

Manager, CH–6371 Stans, Switzerland;

telephone: +41 41 619 63 19; facsimile:

+41 41 619 6224; or from Pilatus

Business Aircraft Ltd., Product Support

Department, 11755 Airport Way,

Broomfield, Colorado 80021; telephone:

(303) 465–9099; facsimile: (303) 465–

6040. This information also may be

examined at the Rules Docket at the

address above.

FOR FURTHER INFORMATION CONTACT:

Roman T. Gabrys, Aerospace Engineer,

FAA, Small Airplane Directorate, 901

Locust, Room 301, Kansas City,

Missouri 64106; telephone: (816) 329–

4141; facsimile: (816) 329–4090.