Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Proposed Rules 20061

in production has not resulted in a

change in the industry’s shipping

pattern. The industry’s shipping pattern

consistently begins in September and

ends in June. Although shipping

patterns have not changed to date, in the

future there may be changes in

production and, therefore, we are

proposing a suspension. An annual

evaluation will be conducted to

determine the impact of the suspension

on the Texas orange industry. If it is

determined that the suspension has

been deleterious to the Texas orange

industry, necessary modifications will

be made.

Minimum grade and size

requirements for fresh oranges grown in

Texas are in effect under § 906.365 (7

CFR 906.365). This action proposes

suspending the provisions of § 906.365

that apply to oranges during the months

of July and August.

Since the grade and size requirements

for Texas oranges would be in effect

during the entire Texas shipping season,

this change should not have an adverse

impact on the Texas orange industry.

Section 8e of the Act provides that

when certain domestically produced

commodities, including oranges, are

regulated under a Federal marketing

order, imports of that commodity must

meet the same or comparable grade,

size, quality, and maturity requirements.

Section 8e further provides that

whenever two or more marketing orders

regulating the same agricultural

commodity produced in different areas

of the United States are concurrently in

effect, the imports shall be subject to the

requirements applicable to the

commodity produced in the area with

which the imported commodity is in

most direct competition. The Secretary

has determined that oranges imported

into the United States are in most direct

competition with oranges grown in

Texas regulated under M.O. No. 906,

and has found that the minimum grade

and size requirements for imported

oranges should be the same as those

established for oranges under M.O. No.

906.

Currently, imported oranges are

subject to minimum grade and size

requirements under § 944.312 (7 CFR

944.312). These requirements are in

effect on a continuous basis because

domestic oranges are currently subject

to the minimum grade and size

requirements under Marketing Order

No. 906 on a continuous basis. This rule

proposes suspending section 944.312(a)

for the period July 1 through August 31

indefinitely so that it would be effective

September 1 through June 30, the same

time period that is being proposed for

the Texas orange regulation.

According to the Department’s Market

News Branch, U.S. fresh orange imports

during the 1993/94 season (beginning

November 1) totaled 37.2 million

pounds, up nearly 60 percent from the

1992/93 total. The increase is

attributable to additional supplies from

Australia as compared with the prior

season. Australia’s largest shipments

arrive in July and August. By

comparison, U.S. orange imports

averaged 48.3 million pounds per

season from 1988/89 through 1992/93,

ranging from a low of nearly 19 million

pounds to 137.3 million pounds in

1990/91 when domestic supplies were

reduced following freeze damage to the

California crop. In both 1992/93 and

1993/94, Australia was the principal

source of fresh orange imports. Other

sources of orange imports were the

Dominican Republic, whose largest

shipments arrive in August and

September, Mexico, Israel, and Jamaica.

In the 1992/93 season, Australia

accounted for 10.1 million pounds, or

43 percent of U.S. fresh orange imports

and 20.7 million pounds, or 56 percent

of the U.S. total in 1993/94. Mexico is

an important source of orange imports

during the fall and winter. Imports from

Israel are most active during the winter,

with imports from other countries

widely distributed throughout the

season.

This rule would result in relaxed

import requirements because the orange

import regulations would not be in

effect during the months of July and

August. This could result in reduced

costs to importers. This action should

not have an adverse impact on the Texas

industry, however, because its shipping

season does not begin until September.

Domestic producers will not be

significantly impacted, since all oranges

in commercial channels during the

domestic shipping season would be

subject to the same minimum grade and

size requirements.

The purpose of these changes is to

assure that applicable quality

requirements are in place only during

such periods as needed by the Texas

orange industry to provide a consistent

supply of oranges of acceptable quality

to fresh market outlets.

Based on the above, the Administrator

of the AMS has determined that this

proposed rule would not have a

significant economic impact on a

substantial number of small entities.

In accordance with section 8e of the

Act, the United States Trade

Representative has concurred with the

issuance of this proposed rule.

This proposed rule reflects the

Department’s appraisal of the need to

revise the dates of the regulatory period

for imported oranges, as hereinafter set

forth, to effectuate the declared policy of

the Act.

A comment period of 20 days is

deemed appropriate because this rule

would relax requirements currently in

effect, and to be of maximum benefit it

should be in effect by July 1, 1995.

List of Subjects

7 CFR Part 906

Oranges, Marketing agreements,

Reporting and recordkeeping

requirements.

7 CFR Part 944

Avocados, Food grades and standards,

Grapes, Imports, Kiwifruit, Limes,

Olives, Oranges.

For the reasons set forth in the

preamble, 7 CFR parts 906 and 944 are

proposed to be amended as follows:

PART 906—ORANGES GROWN IN THE

LOWER RIO GRANDE VALLEY IN

TEXAS

1. The authority citation for both 7

CFR parts 906 and 944 continues to read

as follows:

Authority: 7 U.S.C. 601–674.

§ 906.365 [Amended]

2. In § 906.365, paragraph (a)(7) is

added, reading as follows:

§ 906.365 Texas Orange and Grapefruit

Regulation 34.

(a) * * *

(7) Beginning in 1995, this paragraph

(a) is suspended each year from July 1

through August 31.

* * * * *

PART 944—FRUITS; IMPORT

REGULATIONS

§ 944.312 [Amended]

3. In § 944.312, paragraph (a)(3) is

added, reading as follows:

§ 944.312 Orange import regulation.

(a) * * *

(3) Beginning in 1995, this paragraph

(a) is suspended each year from July 1

through August 31.

* * * * *

Dated: April 18, 1995.

Sharon Bomer Lauritsen,

Deputy Director, Fruit and Vegetable Division.

[FR Doc. 95–9970 Filed 4–21–95; 8:45 am]

BILLING CODE 3410–02–P