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

19379

Vol. 63, No. 75

Monday, April 20, 1998

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 905 and 944

[Docket No. FV98–905–2 FIR]

Oranges, Grapefruit, Tangerines, and

Tangelos Grown in Florida and

Imported Grapefruit; Relaxation of the

Minimum Size Requirement for Red

Seedless Grapefruit

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: The Department of

Agriculture (Department) is adopting as

a final rule, without change, the

provisions of an interim final rule

changing the regulations under the

Florida citrus marketing order and the

grapefruit import regulations. This rule

relaxes the minimum size requirement

for Florida red seedless grapefruit 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, unanimously

recommended this change. This change

allows handlers and importers to ship

size 56 red seedless grapefruit through

November 8, 1998.

EFFECTIVE DATE: May 20, 1998.

FOR FURTHER INFORMATION CONTACT:

William G. Pimental, Southeast

Marketing Field Office, F&V, AMS,

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

Florida 33883; telephone: (941) 299–

4770, Fax: (941) 299–5169; or Anne M.

Dec, Marketing Order Administration

Branch, F&V, AMS, USDA, room 2522–

S, P.O. Box 96456, Washington, DC

20090–6456; telephone: (202) 720–2491,

Fax: (202) 205–6632. Small businesses

may request information on compliance

with this regulation by contacting Jay

Guerber, Marketing Order

Administration Branch, F&V, AMS,

USDA, room 2525–S, P.O. Box 96456,

Washington, DC 20090–6456; telephone:

(202) 720–2491, Fax: (202) 205–6632.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Agreement

No. 84 and Marketing Order No. 905 (7

CFR Part 905), as amended, 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 is also issued under section

8e of the Act, which provides that

whenever 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 is

issuing this rule in conformance with

Executive Order 12866.

This 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 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 grade

and size requirements are designated to

provide fresh markets with fruit of

acceptable quality and size, thereby

maintaining consumer confidence for

fresh Florida citrus. This helps create

buyer confidence and contributes to

stable marketing conditions. This is in

the interest of growers, handlers, and

consumers, and is designed to increase

returns to Florida citrus growers. The

current minimum grade standard for red

seedless grapefruit is U.S. No. 1. The

minimum size requirement for domestic

shipments is size 56 (at least 35⁄16 inches

in diameter) through November 8, 1998,

and size 48 (39⁄16 inches in diameter)

thereafter. The current minimum size

for export shipments is size 56

throughout the year.

This rule continues in effect a change

to the order’s rules and regulations

relaxing the minimum size requirement

for domestic and import shipments of

red seedless grapefruit. This action

allows for the continued shipment of

size 56 grapefruit. This rule relaxes the

minimum size from size 48 (39⁄16 inches

diameter) to size 56 (35⁄16 inches

diameter) through November 8, 1998.

Absent this change, the minimum size

would be size 48 (39⁄16 inches diameter).

The Committee met on October 14 and

December 16, 1997, 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

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 reflect the minimum

size of 56 through November 8, 1998.

Minimum grade and size requirements

for grapefruit imported into the United

States are currently in effect under

§ 944.106 (7 CFR 944.106). Export
19380 Federal Register / Vol. 63, No. 75 / Monday, April 20, 1998 /Rules and Regulations

requirements are not changed by this

rule.

The Committee originally met to

discuss this issue on October 14, 1997,

and recommended releasing size 56 red

grapefruit for a limited time period this

season. They voted to allow handlers to

ship size 56 red seedless grapefruit

through January 11, 1998, to give the

Committee time to determine the market

effect of size 56.

The Committee met again on

December 16, 1997, through an

emergency telephone meeting. The

meeting was called to determine

whether the Committee wanted to

release size 56 for the remainder of the

season. The Committee voted

unanimously to extend the release of

size 56 through November 8, 1998.

While wanting to give handlers the

opportunity to continue to market size

56, the Committee also wanted the

opportunity to review the effect of size

56 on the domestic market after the

percentage of size rule expired

November 30, 1997 (62 FR 58633;

October 30, 1997). The percentage of

size rule controlled the volume of sizes

48 and 56 that was shipped in a given

week, to both domestic and export

markets. There is a limited market for

small sizes. However, the largest part of

this market is to export markets. The

Committee is not sure to what extent

there is domestic demand for size 56.

This minimum size change pertains to

the domestic market, and does not

change the minimum size for export

shipments which will continue at size

56 throughout the season.

To determine if there is a domestic

market for size 56, and the effect of its

presence on the market, the Committee

recommended, on October 14, 1997,

allowing shipments of size 56 red

seedless grapefruit through January 11,

1998. The Committee agreed to revisit

the issue to evaluate the impact of size

56 on the market after the expiration of

volume regulation.

The Committee revisited the issue

during the meeting December 16, 1997,

and determined that size 56 should be

released until November 8, 1998. In

making its recommendation, the

Committee considered estimated

supplies and current shipments. The

Committee examined the size

distribution information available for

the current season. On December 12,

1997, the Florida Agricultural Statistics

Service (FASS) reduced the marketable

crop estimate for red seedless grapefruit

by two million boxes, or approximately

seven percent for the 1997–98 season.

FASS also reported that red seedless

grapefruit size as measured in

November, was 30.6 percent size 56 and

smaller as compared to 35.5 percent as

measured in November last year. This in

turn compares to only 16.8 percent

measuring size 56 or smaller in

November of 1995. So, even though red

seedless grapefruit are running larger

than last season, there are a fair number

of small grapefruit.

The Committee also reviewed

shipment data available through

November 23 of this season. Thus far,

size 56 red seedless grapefruit

represents only 3.7 percent of total

domestic shipments. Comparatively,

through the same time period, 11

percent of all red seedless grapefruit

shipments from Florida, domestic and

export was size 56. Of the size 56 red

seedless grapefruit shipped, 18 percent

went to the domestic market, while 82

percent was shipped to the export

market.

In its discussion, the Committee

recognized that fruit was continuing to

size. One member commented that fruit

that had measured size 56 in October,

had sized up one size. This was helping

to match supplies of size 56 with

demand. The Committee did have

several concerns. One topic that was

raised was the currency and economic

problems currently facing the Pacific

Rim countries. These countries

traditionally have been good markets for

size 56 grapefruit. The Committee was

concerned that current conditions could

reduce demand, and alternative outlets

would need to be available. The

Committee agreed that it would be

advantageous to have the ability to ship

size 56 red seedless grapefruit to the

domestic market should problems

materialize in the export market.

One Committee member asked

whether Texas was planning to market

size 56 grapefruit this season. The

Committee was informed that Texas

would be selling size 56 for the entire

season. The Committee believes that

some domestic markets may have been

developed for size 56 and that handlers

should continue to supply those

markets.

Based on the available information,

the Committee unanimously

recommended that the minimum size

for shipping red seedless grapefruit to

the domestic market should be size 56

through November 8, 1998.

This rule will have a beneficial

impact on producers and handlers since

it will permit Florida grapefruit

handlers to make available those sizes of

fruit needed to meet anticipated market

demand for the 1997–98 season. This

will provide for the maximization of

shipments to fresh market channels

during this period. Additionally,

importers will be favorably affected by

this change since the relaxation of the

minimum size regulation will 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 relaxes the minimum

size requirement under the domestic

handling regulations, a corresponding

change to the import regulations is

necessary.

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

requirements for imported red seedless

grapefruit to 35⁄16 inches in diameter

(size 56) through November 8, 1998, to

reflect the relaxation being made under

the order for grapefruit grown in

Florida.

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.

Import regulations issued under the Act

are based on those established under

Federal marketing orders.

There are approximately 80 Florida

citrus handlers subject to regulation

under the marketing order, about 11,000

citrus producers, and about 25

grapefruit importers. Small agricultural

service firms, which include grapefruit

handlers and importers, have been

defined by the Small Business

Administration (13 CFR 121.601) as

those whose annual receipts are less

than $5,000,000, and small agricultural

producers are defined as those whose

annual receipts are less than $500,000.

Based on the Florida Agricultural

Statistics Service and Committee data

for the 1995–96 season, the average

annual f.o.b. price for fresh Florida red

grapefruit during the 1995–96 season

was $5.00 per 4⁄5 bushel cartons for all

grapefruit shipments, and the total

shipments for the 1995-96 season were
Federal Register / Vol. 63, No. 75 / Monday, April 20, 1998 /Rules and Regulations 19381

23 million cartons of grapefruit.

Approximately 20 percent of all

handlers handled 60 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 80 percent of

grapefruit handlers could be considered

small businesses under the SBA

definition and about 20 percent of the

handlers could be considered large

businesses. The majority of handlers,

growers, and importers may be

classified as small entities.

Florida shipped approximately

44,224,000 cartons of grapefruit to the

fresh market during the 1996–97 season.

Of these cartons, about 25,586,000 were

exported. In the past three seasons,

domestic shipments of Florida

grapefruit averaged about 18,798,000

cartons. During the period 1991 through

1996, imports have averaged 734,800

cartons a season. Imports account for

less than five percent of domestic

shipments.

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

905.306) specifies minimum grade and

size requirements for different varieties

of fresh Florida grapefruit. This rule

relaxes the minimum size requirement

for domestic shipments of red seedless

grapefruit from size 48 (39⁄16 inches

diameter) to size 56 (35⁄16 inches

diameter) through November 8, 1998.

No change is being made in the

minimum size requirement for export

shipments of size 56. Absent this rule,

the minimum size requirement for

domestic shipments would be size 48.

The motion to allow shipments of size

56 red seedless grapefruit through

November 8, 1998, was passed by the

Committee unanimously.

The Committee originally met to

discuss this issue on October 14, 1997,

and recommended releasing size 56 red

grapefruit for a limited time period this

season. They voted to allow handlers to

ship size 56 red seedless grapefruit

through January 11, 1998, to give the

Committee time to determine the market

effect of size 56.

The Committee met again on

December 16, 1997, through an

emergency telephone meeting. The

meeting was called to determine

whether the Committee wanted to

release size 56 for the remainder of the

season. The Committee voted

unanimously to extend the release of

size 56 through November 8, 1998.

In its discussion, the Committee

recognized that fruit was continuing to

size. One member commented that fruit

that had measured size 56 in October,

had sized up one size. This was helping

to match supplies of size 56 with

demand. The Committee did have

several concerns. One topic that was

raised was the currency and economic

problems currently facing the Pacific

Rim countries. These countries

traditionally have been good markets for

size 56 grapefruit. The Committee was

concerned that current conditions could

reduce demand, and alternative outlets

would need to be available. The

Committee agreed that it would be

advantageous to have the ability to ship

size 56 red seedless grapefruit to the

domestic market should problems

materialize in the export market.

One Committee member asked

whether Texas was planning to market

size 56 grapefruit this season. The

Committee was informed that Texas

would be selling size 56 for the entire

season. The Committee believes that

some domestic markets may have been

developed for size 56 and that handlers

should continue to supply those

markets.

During the discussion of this rule, the

Committee considered the costs and

benefits of this action. Several members

stated that with the volume of grapefruit

available, the stagnant demand, and

concerns regarding the Asian export

markets, it was important to take

advantage of any market available.

There was also discussion that Texas

was planning to ship size 56 this season.

Some members stated that if they

eliminated size 56, they would be losing

markets. Members agreed that

maximizing fresh shipments helps

grower returns. The Committee has

released size 56 for the past seven

seasons. There should be no production

adjustment costs associated with this

rule.

This rule is expected to have a

positive impact on growers and

handlers, as it will permit the shipment

of smaller sized red seedless grapefruit

to the domestic market, allowing the

industry to meet anticipated demand

through November 8, 1998. This will

provide for the maximization of

shipments to fresh market channels

during this period.

This regulation lowers the minimum

size to size 56. This minimum applies

to all handlers of red seedless grapefruit.

The costs or benefits of this rule are not

expected to be disproportionately more

or less for small handlers or growers

than for larger entities.

In 1996, imports of grapefruit totaled

15,000 tons (approximately 705,880

cartons). The Bahamas were the

principal source, accounting for 95

percent of the total. Remaining imports

were supplied by the Dominican

Republic and Israel. Imported grapefruit

enters the United States from October

through May. Imports account for less

than five percent of domestic

shipments.

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, this change will also be

applicable to imported grapefruit. This

rule relaxes the minimum size to size

56. This regulation will benefit

importers to the same extent that it

benefits Florida grapefruit producers

and handlers because it allows

shipments of size 56 red seedless

grapefruit into U.S. markets through

November 8, 1998.

The Committee discussed alternatives

to this action. One alternative discussed

was the elimination of size 56 grapefruit

all together. Several members expressed

concern that a viable market has been

developed for a portion of the size 56

grapefruit crop. Not allowing handlers

to supply this market could result in

throwing business and money away.

Other members pointed out that it could

be detrimental to supply this market for

smaller sizes if that market is not

profitable and the result is depressed

prices for all sizes of grapefruit.

In addition, the Committee recognized

that through November, regulation was

in place to control the amount of size 56

red seedless grapefruit entering the

market. Under the percentage of size

rule, the quantity of sizes 48 and/or 56

red seedless grapefruit that may be

shipped by a handler during a particular

week is calculated using a

recommended percentage. This

percentage of size rule was in effect

through November 30, 1997. The

Committee agreed that, for the

remainder of the 1997–1998 season, no

further restriction on size 56 was

necessary. A motion to eliminate size 56

was rejected.

This rule will not impose any

additional reporting or recordkeeping

requirements on either small or large

red seedless grapefruit handlers or

importers. As with all Federal marketing

order programs, reports and forms are

periodically reviewed to reduce

information collection requirements and

duplication by industry and public

sectors.

In addition, as noted in the initial

regulatory flexibility analysis, the
19382 Federal Register / Vol. 63, No. 75 / Monday, April 20, 1998 /Rules and Regulations

Department has not identified any

relevant Federal rules that duplicate,

overlap or conflict with this rule.

However, red seedless grapefruit must

meet the requirements as specified in

the U.S. Standards for Grades of Florida

Grapefruit (7 CFR 51.760 through

51.784) issued under the Agricultural

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

through 1627).

Further, the Committee’s October

meeting was widely publicized

throughout the citrus industry and all

interested persons were invited to

attend the meeting and participate in

Committee deliberations. Like all

Committee meetings, the October 14,

1997, meeting was a public meeting and

all entities, both large and small, were

able to express their views on this issue.

Finally, interested persons were invited

to submit information on the regulatory

and informational impacts of this action

on small businesses.

An interim final rule concerning this

action was published in the Federal

Register on January 22, 1998. Copies of

the rule were mailed by the Committee

staff to all Committee members and

grapefruit handlers. In addition, the rule

was made available through the Internet

by the Office of the Federal Register.

That rule provided for a 60-day

comment period which ended March

23, 1998. No comments were received.

In accordance with section 8e of the

Act, the United States Trade

Representative has concurred with the

issuance of this final rule.

After consideration of all relevant

material presented, including the

Committee’s recommendation, and

other information, it is found that

finalizing the interim final rule, without

change, as published in the Federal

Register (63 FR 3247, January 22, 1998)

will tend to effectuate the declared

policy of the Act.

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.

PART 905—ORANGES, GRAPEFRUIT,

TANGERINES AND TANGELOS

GROWN IN FLORIDA

PART 944—FRUITS; IMPORT

REGULATIONS

Accordingly, the interim final rule

amending 7 CFR parts 905 and 944

which was published at 63 FR 3247 on

January 22, 1998, is adopted as a final

rule without change.

Dated: April 14, 1998.

Sharon Bomer Lauritsen,

Acting Deputy Administrator, Fruit and

Vegetable Programs.

[FR Doc. 98–10259 Filed 4–17–98; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 1

[INS Order No. 1868–97]

RIN 1115–AE87

Amendment of the Regulatory

Definition of Arriving Alien

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Interim rule with request for

comments.

SUMMARY: This rule amends the

Immigration and Naturalization Service

(Service) regulations by changing the

regulatory definition of an arriving

alien. Under section 235(b)(1)(A)(i) of

the Immigration and Nationality Act

(Act), which was effective on April 1,

1997, certain arriving aliens are subject

to expedited removal procedures. The

existing regulatory definition of arriving

alien includes parolees whose parole is

terminated, without regard to the date of

parole or the circumstances under

which parole was granted. As a matter

of policy, the Service has decided that

it is appropriate to exempt from the new

expedited removal procedures aliens

who were paroled into the United States

before April 1, 1997, as well as aliens

who, either before or after April 1, 1997,

return to the United States pursuant to

a grant of advance parole that they

applied for and obtained while

physically present in and prior to their

departure from the United States. This

rule clarifies that these two types of

parolees will not be subjected to

expedited removal.

DATES: Effective Dates: The interim rule

is effective April 20, 1998.

Comment Date: Written comments

must be received on or before June 19,

1998.

ADDRESSES: Please submit written

comments in triplicate to the: Director,

Policy Directives and Instructions

Branch, Immigration and Naturalization

Service, 425 I Street, NW., Room 5307,

Washington, DC 20536. To ensure

proper handling, please reference INS

number 1868–97 on your

correspondence. Comments are

available for public inspection at the

above address by calling (202) 514–3048

to arrange for an appointment.

FOR FURTHER INFORMATION CONTACT:

Linda Loveless, Assistant Chief

Inspector, Immigration and

Naturalization Service, 425 I Street NW.,

Room 4064, Washington, DC 20536,

telephone number (202) 616–7489.

SUPPLEMENTARY INFORMATION: The Illegal

Immigration Reform and Immigrant

Responsibility Act of 1996, Pub. L. 104–

208, which was enacted on September

30, 1996, created new expedited

removal procedures for aliens

attempting to enter the United States

through fraud or misrepresentation or

without proper documents. This

provision was effective on April 1, 1997,

and is applicable to aliens who are

‘‘arriving in the United States’’ as

contained in section 235(b)(1)(A)(i) of

the Act.

The existing regulatory definition of

arriving alien includes parolees, starting

that ‘‘[a]n arriving alien remains such

even if paroled pursuant to section

212(d)(5) of the Act.’’ Including certain

parolees in the definition of arriving

aliens is consistent with section

212(d)(5) of the Act, which states that

‘‘* * * such parole of such alien shall

not be regarded as an admission of the

alien and when the purpose of such

parole shall, in the opinion of the

Attorney General, have been served the

alien shall forthwith return or be

returned to the custody from which he

was paroled and thereafter his case shall

continue to be dealt with in the same

manner as that of any other applicant

for admission to the United States.’’

Existing regulations on the termination

of parole are also consistent with the

classification of certain paroled aliens as

arriving aliens, stating that ‘‘* * * he or

she shall be restored to the status that

he or she had at the time of parole.’’ 8

CFR 212.5(d)(2)(i).

The definition as currently in effect,

though consistent with the Act and

prior regulations, encompasses certain

groups not best regarded as arriving

aliens for purposes of the applicability

of expedited removal, such as aliens

initially paroled before (often well

before) the effective date of the

expedited removal provisions, and

aliens previously present in the United

States (in some cases for long periods)

who departed from and returned to the

United States pursuant to advance

parole. Because the Act does not contain

a definition of ‘‘arriving alien,’’ it is left

to the Attorney General to define the

term in a manner that conforms with