This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

66601

Vol. 65, No. 216

Tuesday, November 7, 2000

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 905 and 944

[Docket No. FV00–905–2 FR]

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: Final rule.

SUMMARY: This rule relaxes the

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

allows handlers and importers to ship

size 56 red seedless grapefruit, and is

expected to maximize grapefruit

shipments to fresh market channels.

EFFECTIVE DATE: November 13, 2000.

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 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.’’

This 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 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.

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 final rule relaxes the minimum

size requirement for domestic

shipments from size 48 (39⁄16 inches in

diameter) to size 56 (35⁄16 inches in

diameter). Absent this change, the

minimum size reverts to size 48 (39⁄16

inches in diameter) on November 13,

2000. This change allows 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

66602 Federal Register / Vol. 65, No. 216 / Tuesday, November 7, 2000 / Rules and Regulations

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

enables Florida grapefruit shippers to

continue shipping size 56 red seedless

grapefruit to the domestic market. This

rule is expected to have a beneficial

impact on producers and handlers

because it permits 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 maximizes

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

current 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 pertains to the domestic market,

and does 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 will be

favorably affected by this change since

the relaxation of the minimum size

regulation also applies 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 will 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 relaxes 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 figure. 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

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 75 grapefruit

handlers who are subject to regulation

under the order, and approximately

11,000 growers of citrus in the regulated

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

Federal Register / Vol. 65, No. 216 / Tuesday, November 7, 2000 / Rules and Regulations 66603

handlers handled 70 percent of Florida

grapefruit shipments. In addition, many

of those 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 rule relaxes the minimum size

requirement for domestic shipments of

red seedless grapefruit from size 48

(39⁄16 inches in diameter) to size 56

(35⁄16 inches in diameter). Absent this

rule, the minimum size requirement for

domestic shipments will 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 allows

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 provides 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 is expected

to have a positive impact on affected

entities. This rule benefits producers

and handlers by making available those

sizes of fruit needed to meet consumer

needs. This is consistent with current

and anticipated demand, and provides

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 changes the minimum

size for domestic red seedless grapefruit

shipments, a similar change is also

applicable to imported grapefruit.

Therefore, this rule also relaxes the

minimum size for imported red seedless

grapefruit to size 56. This regulation

benefits importers to the same extent

that it benefits Florida grapefruit

producers and handlers because it

continues 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

preferred 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 final rule relaxes 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 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

final 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). Further, no

public comments were received

concerning the proposal which

addressed the initial regulatory

flexibility analysis.

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 views on this issue.

A proposed rule concerning this

action was published in the Federal

Register on October 2, 2000 (65 FR

58672). Copies of the rule were mailed

or sent via facsimile to all Committee

members and red seedless grapefruit

handlers. Finally, the rule was made

available through the Internet by the

Office of the Federal Register. A 15-day

comment period ending October 17,

2000, was provided to allow interested

persons to respond to the proposal. No

comments were received during the

comment period in response to the

proposal. Accordingly, no changes will

be made to the rule as proposed.

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 final rule.

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) so handlers and importers

can continue to ship size 56 red seedless

grapefruit after November 12, 2000.

Further, handlers are aware of this

relaxation, which was recommended at

a public meeting. Also, a 15-day

comment period was provided for in the

proposed rule and no comments were

received.

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

part 905 and 944 are amended as

follows:

1. The authority citation for 7 CFR

part 905 continues to read as follows:

66604 Federal Register / Vol. 65, No. 216 / Tuesday, November 7, 2000 / Rules and Regulations

Authority: 7 U.S.C. 601–674. PART 905—ORANGES, GRAPEFRUIT,

TANGERINES, AND TANGELOS

GROWN IN FLORIDA

2. In § 905.306, the table in paragraph

(a) is amended by removing both lines

for the entry for ‘‘Seedless, red’’ and

adding in their place the following:

§ 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 ................................................. 35⁄16

*******

PART 944—FRUITS; IMPORT

REGULATIONS

3. In § 944.106, the table in paragraph

(a) is amended by removing both lines

for the entry for ‘‘Seedless, red’’ and

adding in their place the following:

§ 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 35⁄16

*******

Dated: October 31, 2000.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 00–28333 Filed 11–6–00; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–SW–51–AD; Amendment

39–11960; AD 2000–20–51]

RIN 2120–AA64

Airworthiness Directives; Robinson

Helicopter Company Model R22

Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This document publishes in

the Federal Register an amendment

adopting Airworthiness Directive (AD)

2000–20–51, which was sent previously

to all known U.S. owners and operators

of Robinson Helicopter Company (RHC)

Model R22 helicopters by individual

letters. This AD requires checking the

yoke half assembly (yoke) for any crack

and replacing a cracked yoke assembly

before further flight. This AD also

requires replacing certain yokes with

airworthy yokes before further flight

after January 1, 2001. This AD is

prompted by the discovery of cracks in

the yoke. The actions specified by this

AD are intended to detect crack

formation and growth, which could

result in separation of the yokes from

the main rotor drive shaft and

subsequent loss of control of the

helicopter.

DATES: Effective November 22, 2000, to

all persons except those persons to

whom it was made immediately

effective by Emergency AD 2000–20–51,

issued on October 4, 2000, which

contained the requirements of this

amendment.

Comments for inclusion in the Rules

Docket must be received on or before

January 8, 2001.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Office of the

Regional Counsel, Southwest Region,

Attention: Rules Docket No. 2000–SW–

51–AD, 2601 Meacham Blvd., Room

663, Fort Worth, Texas 76137. You may

also send comments electronically to

the Rules Docket at the following

address: 9-asw-adcomments@faa.gov.

FOR FURTHER INFORMATION CONTACT:

Fredrick A. Guerin, Aviation Safety

Engineer, FAA, Los Angeles Aircraft

Certification Office, Airframe Branch,

3960 Paramount Blvd., Lakewood,

California 90712, telephone (562) 627–

5232, fax (562) 627–5210.

SUPPLEMENTARY INFORMATION: On

October 4, 2000, the FAA issued

Emergency AD 2000–20–51, for RHC

Model R22 helicopters, which requires

checking the yoke for any crack and

replacing a cracked yoke assembly

before further flight. The Emergency AD

also requires replacing certain yokes

with airworthy yokes before further

flight after January 1, 2001. That action

was prompted by the discovery of

cracks in the yokes. The cracked yokes

were still in service and functioned for

an unknown duration. Several lots of

the yokes were machined from 2024-T3

aluminum billet, which has poor stress

corrosion properties in the transverse

grain directions. Clamping the yokes in

place causes a preload tension in areas

that have exposed transverse grain.

When these areas are exposed to a

corrosive environment, such as salty air,

stress corrosion causes crack formation

and growth. This condition, if not