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

39003 

Vol. 87, No. 125 

Thursday, June 30, 2022 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 905 

[Doc. No.: AMS–SC–21–0054] 

Amendments to the Marketing Order 

for Oranges, Grapefruit, Tangerines, 

and Pummelos Grown in Florida 

AGENCY: Agricultural Marketing Service, 

Agriculture (USDA). 

ACTION: Proposed rule. 

SUMMARY: This rulemaking invites 

comments on proposed amendments to 

Marketing Order 905, which regulates 

the handling of oranges, grapefruit, 

tangerines, and pummelos grown in 

Florida. Proposed amendments reduce 

the size of the Committee and quorum 

requirements, revise the nomination and 

selection processes, remove the 

requirement of allocating committee 

seats on the basis of volume from each 

district, and add a new section to 

provide the Committee authority to 

receive voluntary contributions for 

promotion and research projects. Other 

concurring changes to align the 

marketing order with proposed 

amendments were also recommended. 

DATES: Comments received by August 

29, 2022 will be considered prior to 

issuance of a final rule. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this proposed rule. 

Comments must be submitted to the 

Docket Clerk electronically by Email: 

MarketingOrderComment@usda.gov or 

internet: https://www.regulations.gov. 

All comments should reference the 

document number and the date and 

page number of this issue of the Federal 

Register and can be viewed at: https:// 

www.regulations.gov. All comments 

submitted in response to this proposal 

will be included in the record and will 

be made available to the public. Please 

be advised that the identity of the 

individuals or entities submitting the 

comments will be made public on the 

internet at the address provided above. 

FOR FURTHER INFORMATION CONTACT: 

Geronimo Quinones, Marketing 

Specialist, or Matthew Pavone, Chief, 

Rulemaking Services Branch, Market 

Development Division, Specialty Crops 

Program, AMS, USDA, 1400 

Independence Avenue SW, Stop 0237, 

Washington, DC 20250–0237; 

Telephone: (202) 720–2491, or Email: 

Geronimo.quinones@usda.gov or 

Matthew.pavone@usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Richard Lower, 

Market Development Division, Specialty 

Crops Program, AMS, USDA, 1400 

Independence Avenue SW, Stop 0237, 

Washington, DC 20250–0237; 

Telephone: (202) 720–2491, or Email: 

Richard.Lower@usda.gov. 

SUPPLEMENTARY INFORMATION: This 

action, pursuant to 5 U.S.C. 553, 

proposes amendments to regulations 

issued to carry out a marketing order as 

defined in 7 CFR 900.2(j). This proposal 

is issued under Marketing Order No. 

905, as amended (7 CFR part 905), 

regulating the handling of oranges, 

grapefruit, tangerines, and pummelos 

grown in Florida. Part 905 (referred to 

as the ‘‘Order’’) is effective under the 

Agricultural Marketing Agreement Act 

of 1937, as amended (7 U.S.C. 601–674), 

hereinafter referred to as the ‘‘Act.’’ The 

Committee locally administers the 

Order and is comprised of citrus 

producers and shippers operating 

within the area of production, and a 

non-industry member. 

Section 8c(17) of the Act (7 U.S.C. 

608c(17)) and the applicable rules of 

practice and procedure governing the 

formulation of marketing agreements 

and orders (7 CFR part 900) authorize 

amendment of the Order through this 

informal rulemaking action. The 

Agricultural Marketing Service (AMS) 

will consider comments received in 

response to this proposed rule, and 

based on all the information available, 

will determine if the Order amendment 

is warranted. If AMS determines 

amendment of the Order is warranted, a 

subsequent proposed rule and notice of 

referendum would be issued, and 

producers would be allowed to vote for 

or against the proposed amendments. 

AMS would then issue a final rule 

effectuating any amendments approved 

by producers in the referendum. 

AMS is issuing this proposed rule in 

conformance with Executive Orders 

12866 and 13563. Executive Orders 

12866 and 13563 direct agencies to 

assess all costs and benefits of available 

regulatory alternatives and, if regulation 

is necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. This action falls 

within a category of regulatory actions 

that the Office of Management and 

Budget (OMB) exempted from Executive 

Order 12866 review. 

In addition, this proposed rule has 

been reviewed under Executive Order 

13175—Consultation and Coordination 

with Indian Tribal Governments, which 

requires agencies to consider whether 

their rulemaking actions would have 

tribal implications. AMS has 

determined this proposed rule is 

unlikely to have substantial direct 

effects on one or more Indian tribes, on 

the relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

This proposal has also been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule is not intended 

to have retroactive effect. This rule shall 

not be deemed to preclude, preempt, or 

supersede any State program covering 

oranges, grapefruit, tangerines, and 

pummelos grown in Florida. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 8c(15)(A) of the Act (7 U.S.C. 

608 (15)(A)), any handler subject to an 

order may file with the U.S. Department 

of Agriculture (USDA) 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, USDA 

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 


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or her principal place of business, has 

jurisdiction to review USDA’s ruling on 

the petition, provided an action is filed 

no later than 20 days after the date of 

entry of the ruling. 

Section 1504 of the Food, 

Conservation, and Energy Act of 2008 

(2008 Farm Bill) (Pub. L. 110–246) 

amended section 8c(17) of the Act, 

which in turn required the addition of 

supplemental rules of practice to 7 CFR 

part 900 (73 FR 49307; August 21, 

2008). The amendment of section 8c(17) 

of the Act and the supplemental rules of 

practice authorize the use of informal 

rulemaking (5 U.S.C. 553) to amend 

Federal fruit, vegetable, and nut 

marketing agreements and orders. AMS 

may use informal rulemaking to amend 

marketing orders depending upon the 

nature and complexity of the proposed 

amendments, the potential regulatory 

and economic impacts on affected 

entities, and any other relevant matters. 

AMS has considered these factors and 

has determined that the amendments 

proposed herein are not unduly 

complex and the nature of the proposed 

amendments is appropriate for utilizing 

the informal rulemaking process to 

amend the Order. A discussion of the 

potential regulatory and economic 

impacts on affected entities is discussed 

later in the ‘‘Initial Regulatory 

Flexibility Analysis’’ section of this 

proposed rule. 

The Committee unanimously 

recommended the amendments 

following deliberations at a public 

meeting held on November 19, 2020. 

The proposals would reduce the size of 

the Committee and quorum 

requirements, revise the nomination and 

selection processes, eliminate the 

requirement of allocating Committee 

seats on the basis of volume from each 

district, and add a new section to 

provide the Committee authority to 

receive voluntary contributions for 

promotion/research projects. Other 

concurring changes to align the 

marketing order with the proposed 

amendments were also recommended. 

Proposal 1—Reduce Committee Size 

Section 905.19 currently provides that 

the Committee consists of at least eight 

but not more than nine grower 

members, and eight shipper members. A 

designation between grower and shipper 

members on the Committee is also 

provided in § 905.19. 

This proposal would amend § 905.19 

by reducing the size of the Committee 

from at least eight but not more than 

nine grower members, and eight shipper 

members, to 10 grower members. The 

Committee would be grower-based, 

consisting of 10 members and 10 

alternate members, which would 

eliminate the designation of shipper 

members. The grower members would 

be producers who produce within the 

district for which they are nominated 

and selected to represent. The proposed 

revisions would allow grower members 

to also be shippers or employees of 

shippers, which is limited under the 

current regulations. However, the 

Committee may establish alternative 

qualifications for such grower members 

with approval of the Secretary. The 

option to increase the Committee by one 

non-industry member nominated by the 

Committee and selected by the Secretary 

would remain unchanged. 

Section 905.14 currently provides that 

the Committee can redefine the districts, 

reapportion or change the grower 

membership of districts, or both, 

provided that Committee membership 

consists of at least eight but not more 

than nine grower members. 

This proposal would amend § 905.14 

by revising the reference to total number 

of member seats from at least eight but 

not more than nine grower members, to 

10 grower members. This change would 

align this section with the proposed 

new Committee size. 

Section 905.20 provides that members 

and their alternates serve a 2-year term 

of office, but that has not included nonindustry members due to the current 

§ 905.150(d). This proposal would align 

the terms of office for all members by 

removing language from § 905.150(d), 

which created a 1-year term of office for 

non-industry members and replacing it 

with language specifying a 2-year term 

of office for non-industry members. 

Since promulgation of the Order in 

1957, the Florida citrus industry has 

undergone consolidation and crop loss. 

Increasing labor costs, real estate 

pressures, and citrus greening have been 

contributing factors. Current industry 

structure shows there are few growers 

who are not affiliated with handlers and 

most of the handlers are also growers. 

Total citrus acreage is about half of what 

it was at its peak production and has 

declined 22 percent from 2010 to 2020. 

Not distinguishing between grower and 

shipper members and decreasing the 

Committee’s size to 10 members and 10 

alternate members would make 

Committee membership more reflective 

of today’s industry. The Committee 

would be able to fill all its member 

positions with less difficulty. Aligning 

the term of the public member to the 

same 2-year term as the rest of the 

Committee will also improve efficiency 

and the effectiveness of the position. A 

2-year term will help ensure that the 

public member can contribute to the 

work of the Committee at a higher level. 

Proposal 2—Revise Nomination and 

Selection Process 

For grower members, § 905.22 

currently provides that, on even 

numbered years, nominees for open 

grower member and alternate member 

positions shall be chosen by ballot. In 

support of this nomination process, 

§ 905.22(a) further provides that the 

Committee will publicly announce and 

hold grower meetings no later than June 

10 to make those nominations. The 

nominees chosen in this manner, along 

with the vote certification and any other 

information requested, will be 

submitted by the secretary and 

chairman of each grower-meeting to the 

USDA Secretary of Agriculture 

(Secretary) on or before June 20. At least 

two of the grower-nominees and their 

alternates will be affiliated with a bona 

fide cooperative marketing organization. 

Section 905.22(b) outlines the process 

for nominating shipper members and 

their alternates. 

This proposal would amend § 905.22 

by removing the designation of shipper 

members. Section 905.22(a)(1) would be 

revised by changing the deadline for 

Committee nominees from June 10 to 

April 10, and the deadline for 

presenting nominees for selection to the 

Secretary from June 20 to April 20. A 

revision to § 905.22(a)(2) would add 

language to clarify that grower members 

are producers who may also be shippers 

or who are also employees of shippers. 

The requirement that at least two of the 

grower nominees and their alternates be 

affiliated with a bona fide cooperative 

marketing organization would be 

changed to one grower nominee and 

their alternate. 

Section 905.23 currently provides that 

the Secretary will select members and 

alternate members from each district. 

The grower nominations will be made 

from qualified persons and at least two 

members and their alternates shall be 

affiliated with bona fide cooperative 

marketing organizations. Furthermore, 

the Secretary shall select at least two 

shipper members and their alternates to 

represent bona fide cooperative 

marketing organizations of handlers. 

The remaining shipper members and 

their alternates represent handlers who 

are not affiliated. Section 905.29 

currently provides that when a member 

and that member’s alternate are unable 

to attend a meeting, any alternate 

designated by the member or Committee 

to act in his or her stead for that meeting 

must represent the same affiliation as 

the member. 

Section 905.23 would be amended by 

removing the allocation of Committee 

seats by district from the selection 


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process. Proposed changes to § 905.29 

would eliminate the requirement that 

any person designated to serve on the 

Committee in the absence of a member 

and his or her alternate represent the 

same group affiliation as the absent 

member and alternate. This would not 

apply to the public member. 

Currently there are three districts. A 

nomination meeting is scheduled in 

each district for growers and shippers. 

Votes are cast by each respective district 

for each member type and the 

corresponding alternate. Growers 

participate in the nomination process 

for grower members and alternates, 

while shippers participate in the 

nomination process for shippers and 

their alternates. Alternates must meet 

the same requirements of the member, 

which further complicates finding 

suitable candidates for nomination. 

Because handlers crisscross the state 

buying fruit, the differentiation of 

districts no longer serves a practical 

purpose since all but one shipper 

sources fruit from multiple districts. 

With the current shrinking of the 

industry and the number of growers and 

shippers working as both, eliminating 

the distinction between growers and 

shippers will make it easier to facilitate 

the nomination and selection process 

and better reflect the current industry. 

Proposal 3—Revise Quorum 

Requirements 

Currently, § 905.34 states that 10 

members of the Committee shall 

constitute a quorum, and any action of 

the committee shall require at least 10 

concurring votes. Five of those 

concurring votes must be grower votes. 

It also states that the Committee may 

provide for meeting by telephone, 

telegraph, or other means of 

communication. 

This proposal would modify § 905.34 

to allow seven members to constitute a 

quorum, with six concurring votes 

required to pass any motion or approve 

any Committee action. Finally, a small 

change would eliminate ‘‘telegraph’’ as 

a valid means of communication. 

The Committee is experiencing 

difficulties obtaining a quorum at 

meetings to conduct business activities. 

Many industry members are fulfilling 

multiple roles. Reductions in staff due 

to rising operational costs has made it 

difficult for smaller growers and 

handlers to leave their businesses to 

participate in meetings. These factors 

are making it more difficult to fill the 

seats on the Committee. Adjusting the 

current requirements would enable the 

Committee to operate fully and reduce 

the risk of not establishing a quorum 

during scheduled meetings or not 

having the required votes to pass any 

action. These changes would help to 

increase the Committee’s effectiveness. 

Proposal 4—Authority To Accept 

Voluntary Contributions From 

Domestic Sources 

Section 905.54 of the Order authorizes 

the Committee, with the approval of the 

Secretary, to establish research, 

marketing, and promotional projects. 

This proposal would add a new § 905.43 

to provide the Committee with authority 

to receive voluntary contributions from 

domestic sources to fund promotional 

and research projects. Any contributions 

made to the Committee will be free from 

any encumbrances by the donor and the 

Committee will retain complete control 

of their use. 

Presently, research and promotional 

activities are administered by the 

Florida Department of Citrus, which is 

a state agency. Such projects are 

generally funded by grower assessments 

through the Florida Department of 

Citrus and are administered by the 

Florida Citrus Commission. At the 

Committee’s request, research and 

promotional authority was added to the 

Order in 2009 (74 FR 46303) to ensure 

that a mechanism exists for the 

Committee to conduct those activities. 

Such activities are paid by assessments 

authorized by the Order. Consequently, 

increases to the assessment rate may be 

needed if the Committee desires to 

increase its research or promotional 

activities. Furthermore, while it is 

expected that the state agency will 

continue to exist and offer these 

services, should the agency close, the 

Committee could ensure that fresh 

citrus research continues. The 

Committee believes that the ability to 

receive voluntary contributions toward 

such projects, may eliminate the need to 

use or increase the assessment rate, 

thereby minimizing financial pressure 

on producers. Contributions would be 

used for more research and promotional 

activities that would benefit the entire 

industry. 

The following concurring changes 

would also be made to align the Order 

with the above amendments: 

Section 905.114 would be revised to 

create a single district, down from the 

current number of three. Florida Citrus 

acreage has declined from 

approximately 900,000 acres to 

approximately 435,000 acres. As 

previously discussed in Proposal #1, 

because of the effects of citrus greening, 

handlers must access fruit from 

statewide sources. Currently, only one 

handler packs fruit exclusively from its 

own district, while all other handlers 

access fruit from all districts and 

production areas. The changes to 

§ 905.114 would create one statewide 

district, better reflecting current 

industry structure and practices. 

Section 905.120 would be revised to 

eliminate any reference to handlers as a 

distinct class for purposes of 

nominations, since such designations 

will no longer be relevant to the process. 

The volume vote for shipper 

nominations and shipper designations 

would also be eliminated from 

§ 905.120. By eliminating the volume 

vote, the Committee expects this would 

provide small growers greater 

opportunity and representation moving 

forward. 

Finally, changes to § 905.150 would 

remove reference of the public member 

serving a 1-year term. This would align 

the public member with all members 

and their alternates, which serve a 2- 

year term of office. 

Initial Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA) (5 

U.S.C. 601–612), the AMS has 

considered the economic impact of this 

proposed rule 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 

businesses subject to such actions so 

that small businesses will not be unduly 

or disproportionately burdened. 

Small agricultural producers of orange 

groves have been defined by the Small 

Business Administration (SBA) (13 CFR 

121.201) as those having annual receipts 

of no more than $3,500,000. Small 

agricultural service firms (handlers) are 

defined as those with annual receipts of 

no more than $30,000,000. 

The proposed amendments to the 

Order would reduce the Committee’s 

size and quorum requirements, revise 

nomination and selection processes, 

eliminate the requirement to allocate 

Committee seats based on volume from 

each district, and add a new section 

authorizing the Committee to receive 

domestically sourced voluntary 

contributions and grant funds for 

promotion/research projects. These 

amendments are necessary to reflect the 

industry’s current structure and size. 

Since the promulgation of the marketing 

order in 1957, the Florida citrus 

industry has undergone consolidation 

and crop reduction. The current 

districts are not relevant because 

handlers routinely source fruit from 

across the State. As a result, it has 

become difficult for the Committee to 

fill the member seats and obtain a 

quorum to conduct business activities. 

The proposals would align the 


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Committee with the industry’s current 

size and structure. Authority to accept 

voluntary contributions from domestic 

sources would allow the Committee to 

collaborate with other organizations for 

research and promotional activities. 

There are approximately 15 handlers 

of Florida citrus who are subject to 

regulation under the Order and 

approximately 500 citrus producers in 

the regulated area. Small agricultural 

service firms are defined by the Small 

Business Administration (SBA) as those 

having annual receipts of less than 

$30,000,000, and small agricultural 

producers of orange groves are defined 

as those having annual receipts of less 

than $3,500,000 (13 CFR 121.201). 

According to data from the National 

Agricultural Statistics Service (NASS) 

and the Citrus Administrative 

Committee, the weighted average 

packing house door equivalent price for 

fresh Florida citrus for the 2020–21 

season was approximately $6.52 per 

carton with total shipments of around 

6,022,426 cartons. Based on this 

information, the majority of handlers 

have average annual receipts of less 

than $30,000,000 ($6.52 times 6,022,426 

cartons equals $39,266,217.52 divided 

by 15 handlers equals $2,617,747.83 per 

handler). 

In addition, based on the NASS data, 

the weighted average grower price for 

the 2020–21 season was estimated at 

$4.95 per carton of fresh citrus. Based 

on grower price, shipment data, and the 

total number of Florida citrus growers, 

the average annual grower revenue is 

below $3,500,000 ($4.95 times 6,022,426 

million cartons equals $29,811,008.70; 

divided by 500 growers equals 

$59,622.02 per grower). Thus, the 

majority of Florida citrus handlers and 

growers may be classified as small 

entities. 

AMS has determined that the 

proposed amendments would not have 

a significant impact on a substantial 

number of small businesses. Rather, 

large and small entities alike would be 

expected to benefit from the 

Committee’s improved ability to address 

important issues of interest to all on a 

timely basis. The proposed reduction in 

the number of seats on the Committee, 

and the reduced quorum and voting 

requirements, would not require any 

significant changes in producer or 

handler business operations, and no 

significant industry educational effort 

would be needed. Producers and 

handlers, large and small alike, would 

incur no additional costs. No small 

businesses would be unduly or 

disproportionately burdened as a result 

of this proposal going into effect. 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

Chapter 35), the Order’s information 

collection requirements have been 

previously approved by OMB and 

assigned OMB No. 0581–0189, Fruit 

Crops. No changes in those 

requirements are necessary because of 

this action. Should any changes become 

necessary, they would be submitted to 

OMB for approval. 

This proposed rule would impose no 

additional reporting or recordkeeping 

requirements on either small or large 

Florida citrus 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. 

AMS has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rulemaking. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

The November 19, 2020, Committee 

meeting was widely publicized 

throughout the production area. 

Meetings are held virtually or in a 

hybrid style. Participants both large and 

small, have a choice whether to attend 

in person or virtually and can 

participate in the Committee’s 

deliberations on all issues. 

Interested persons are invited to 

submit comments on the proposed 

amendments to the Order, including 

comments on the regulatory and 

information collection impacts of this 

action on small businesses. 

Following analysis of any comments 

received on the amendments in this 

proposed rule, AMS will evaluate all 

available information and determine 

whether to proceed. If appropriate, a 

proposed rule and notice of referendum 

would be issued, and producers would 

be provided the opportunity to vote for 

or against the proposed amendments. 

Information about the referendum, 

including dates and voter eligibility 

requirements, would be published in a 

future issue of the Federal Register. A 

final rule would then be issued to 

effectuate any amendments favored by 

producers participating in the 

referendum. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: https://

www.ams.usda.gov/rules-regulations/ 

moa/small-businesses. Any questions 

about the compliance guide should be 

sent to Richard Lower at the previously 

mentioned address in the FOR FURTHER

INFORMATION CONTACT section. 

General Findings 

The findings hereinafter set forth are 

supplementary to the findings and 

determinations, which were previously 

made in connection with the issuance of 

Marketing Order 905; and all said 

previous findings and determinations 

are hereby ratified and affirmed, except 

insofar as such findings and 

determinations may be in conflict with 

the findings and determinations set 

forth herein. 

1. Marketing Order 905 as hereby 

proposed to be amended and all the 

terms and conditions thereof, would 

tend to effectuate the declared policy of 

the Act; 

2. Marketing Order 905 as hereby 

proposed to be amended regulates the 

handling of oranges, grapefruit, 

tangerines, and pummelos grown in 

Florida and is applicable only to 

persons in the respective classes of 

commercial and industrial activity 

specified in the Order; 

3. Marketing Order 905 as hereby 

proposed to be amended is limited in 

application to the smallest regional 

production area which is practicable, 

consistent with carrying out the 

declared policy of the Act, and the 

issuance of several marketing orders 

applicable to subdivisions of the 

production area would not effectively 

carry out the declared policy of the Act; 

4. Marketing Order 905 as hereby 

proposed to be amended prescribes, 

insofar as practicable, such different 

terms applicable to different parts of the 

production area as are necessary to give 

due recognition to the differences in the 

production and marketing of oranges, 

grapefruit, tangerines, and pummelos 

produced or packed in the production 

area; and 

5. All handling of oranges, grapefruit, 

tangerines, and pummelos produced or 

packed in the production area as 

defined in Marketing Order 905 is in the 

current of interstate or foreign 

commerce or directly burdens, 

obstructs, or affects such commerce. 

A 60-day comment period is provided 

to allow interested persons to respond 

to these proposals. Any comments 

received on the amendments proposed 

in this rulemaking will be analyzed, and 

if AMS determines to proceed based on 

all the information presented, a 

producer referendum would be 

conducted to determine producer 

support for the proposed amendments. 

If appropriate, a final rule would then 


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be issued to effectuate the amendments 

favored by producers participating in 

the referendum. 

List of Subjects in 7 CFR Part 905 

Grapefruit, Marketing agreements, 

Oranges, Pummelos, Reporting and 

recordkeeping requirements, Tangelos, 

Tangerines. 

For the reasons set forth in the 

preamble, the Agricultural Marketing 

Service proposes to amend 7 CFR part 

905 as follows: 

PART 905—ORANGES, GRAPEFRUIT, 

TANGERINES, AND PUMMELOS 

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. Amend § 905.14 by revising 

paragraph (a) introductory text to read 

as follows: 

§ 905.14 Redistricting. 

(a) The Committee may, with the 

approval of the Secretary, redefine the 

districts into which the production area 

is divided or reapportion or otherwise 

change the grower membership of 

districts, or both: Provided, That the 

membership shall consist of 10 grower 

members, and any such change shall be 

based, insofar as practicable, upon the 

respective averages for the immediately 

preceding three fiscal periods of: 

* * * * * 

■ 3. Amend § 905.19 by revising 

paragraph (a) to read as follows: 

§ 905.19 Establishment and membership. 

(a) There is hereby established a 

Citrus Administrative Committee 

consisting of 10 grower members. 

Grower members shall be producers 

who produce within the district for 

which they are nominated and selected 

to represent. Grower members may be 

persons who, in addition to being 

producers, are shippers or employees of 

shippers: Provided, that the committee, 

with the approval of the Secretary, may 

establish alternative qualifications for 

such grower members. The committee 

may be increased by one non-industry 

member nominated by the committee 

and selected by the Secretary. The 

committee, with approval of the 

Secretary, shall prescribe qualifications, 

term of office, and the procedure for 

nominating the non-industry member. 

* * * * * 

■ 4. Revise § 905.22 to read as follows: 

§ 905.22 Nominations. 

(a)(1) The Committee shall give public 

notice of a meeting of producers in each 

district, to be held not later than April 

10th of even-numbered years, for the 

purpose of making nominations for 

grower members and alternate grower 

members. The Committee, with the 

approval of the Secretary, shall 

prescribe uniform rules to govern such 

meetings and the balloting thereat. The 

chairman of each meeting shall publicly 

announce at such meeting the names of 

the persons nominated, and the 

chairman and secretary of each such 

meeting shall transmit to the Secretary 

their certification as to the number of 

votes so cast, the names of the persons 

nominated, and such other information 

as the Secretary may request. All 

nominations shall be submitted to the 

Secretary on or before the 20th day of 

April. 

(2) Each nominee shall be a producer 

in the district from which he or she is 

nominated. In voting for nominees, each 

producer shall be entitled to cast one 

vote for each nominee in each of the 

districts in which he or she is a 

producer. At least one of the nominees 

and their alternates so nominated shall 

be affiliated with a bona fide 

cooperative marketing organization. 

(b) Notwithstanding the provisions of 

paragraph (a) of this section, nomination 

and election of members and alternate 

members to the Committee may be 

conducted by mail, electronic mail, or 

other means according to rules and 

regulations recommended by the 

Committee and approved by the 

Secretary. 

■ 5. Revise § 905.23 to read as follows: 

§ 905.23 Selection. 

From the nominations made pursuant 

to § 905.22(a) or from other qualified 

persons, the Secretary shall select 10 

members and 10 alternates. At least one 

such member and their alternate shall 

be affiliated with a bona fide 

cooperative marketing organization. 

■ 6. Amend § 905.29 by revising 

paragraph (b) to read as follows: 

§ 905.29 Inability of members to serve. 

* * * * * 

(b) If both a member and his or her 

respective alternate are unable to attend 

a committee meeting, such member may 

designate another alternate to act in his 

or her place in order to obtain a quorum. 

If the member is unable to designate 

such an alternate, the committee 

members present may designate such 

alternate. 

* * * * * 

■ 7. Amend § 905.34 by revising 

paragraphs (a) through (c) to read as 

follows: 

§ 905.34 Procedure of committees. 

(a) Seven members of the committee 

shall constitute a quorum. 

(b) For any decision or 

recommendation of the Committee to be 

valid, six concurring votes shall be 

necessary: Provided, that the Committee 

may recommend a regulation restricting 

the shipment of grapefruit grown in 

Regulation Area I or Regulation Area II 

which meets the requirements of the 

Improved No. 2 grade or the Improved 

No. 2 Bright grade only upon the 

affirmative vote of a majority of its 

members present from the regulation 

area in which such restriction would 

apply; and whenever a meeting to 

consider a recommendation for release 

of such grade is requested by a majority 

of the members from the affected area, 

the committee shall hold a meeting 

within a reasonable length of time for 

the purpose of considering such a 

recommendation. If after such 

consideration the requesting area 

majority present continues to favor such 

release for their area, the request shall 

be considered a valid recommendation 

and transmitted to the Secretary. The 

votes of each member cast for or against 

any recommendation made pursuant to 

this subpart shall be duly recorded. 

Whenever an assembled meeting is held 

each member must vote in person. 

(c) The committee may provide for 

meeting by telephone, or other means of 

communication, and any vote cast at 

such a meeting shall be promptly 

confirmed in writing: Provided, that if 

any assembled meeting is held, all votes 

shall be cast in person. 

* * * * * 

■ 8. Add § 905.43 to read as follows: 

§ 905.43 Contributions. 

The Committee may accept voluntary 

contributions. Such contributions shall 

be free from any encumbrances by the 

donor and the Committee shall retain 

complete control of their use. 

■ 9. Revise § 905.80 to read as follows: 

§ 905.80 Fruit not subject to regulation. 

(a) Except as otherwise provided in 

this section, any person may, without 

regard to the provisions of §§ 905.52 and 

905.53 and the regulations issued under 

§§ 905.52 and 905.53, ship any variety 

for the following purposes: 

(1) To a charitable institution for 

consumption by such institution; 

(2) To a relief agency for distribution 

by such agency; 

(3) To a commercial processor for 

conversion by such processor into 

canned or frozen products or into a 

beverage base; 

(4) By U.S. Mail or private courier; or 


jspears on DSK121TN23PROD with PROPOSALS1
39008 Federal Register / Vol. 87, No. 125 / Thursday, June 30, 2022 / Proposed Rules 

(5) In such minimum quantities, types 

of shipments, or for such purposes as 

the Committee with the approval of the 

Secretary may specify. 

(b) No assessment shall be levied on 

fruit shipped under paragraph (a) of this 

section. 

(c) The Committee shall, with the 

approval of the Secretary, prescribe 

such rules, regulations, or safeguards as 

it may deem necessary to prevent 

varieties handled under the provisions 

of this section from entering channels of 

trade for other than the purposes 

authorized by this section. Such rules, 

regulations, and safeguards may include 

the requirements that handlers shall file 

applications with the committee for 

authorization to handle a variety 

pursuant to this section, and that such 

applications be accompanied by a 

certification by the intended purchaser 

or receiver that the variety will not be 

used for any purpose not authorized by 

this section. 

■ 10. Revise § 905.114 to read as 

follows: 

§ 905.114 Redistricting of citrus districts 

and reapportionment of grower members. 

Pursuant to § 905.14, the citrus 

districts and membership allotted each 

district shall be as follows: Citrus 

District One shall include that portion 

of the State of Florida, which is 

bounded by the Suwannee River, the 

Georgia border, the Atlantic Ocean, and 

the Gulf of Mexico. This district shall 

have 10 members and 10 alternates. 

■ 11. Amend § 905.120 by: 

■ a. Revising paragraphs (d) and (e). 

■ b. Removing paragraphs (f) and (g). 

The revisions read as follows: 

§ 905.120 Nomination procedure. 

* * * * * 

(d) At each meeting each eligible 

person may cast one vote for each of the 

persons to be nominated to represent 

the district or group, as the case may be. 

(e) Voting may be by written ballot. If 

written ballots are used, all ballots shall 

be delivered by the chairman or the 

secretary of the meeting to the agent of 

the Secretary. If written ballots are not 

used, the committee’s representative 

shall deliver to the Secretary’s agent a 

listing of each person nominated and a 

count of the number of votes cast for 

each nominee for grower member and 

alternate. Said representative shall also 

provide the agent the register of eligible 

voters present at each meeting, a listing 

of each person nominated, and the 

number of votes cast. 

■ 12. Amend § 905.150 by revising 

paragraph (d) to read as follows: 

§ 905.150 Eligibility requirements for 

public member and alternate member. 

* * * * * 

(d) The public member should be 

nominated by the Citrus Administrative 

Committee and should serve a 2-year 

term which coincides with the term of 

office of grower members of the 

Committee. 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2022–13934 Filed 6–29–22; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[EERE–2017–BT–STD–0009] 

RIN 1904–AD79 

Energy Conservation Program: Energy 

Conservation Standards for Walk-In 

Coolers and Freezers 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notification of availability of 

preliminary technical support document 

and request for comment. 

SUMMARY: The U.S. Department of 

Energy (‘‘DOE’’ or ‘‘the Department’’) 

announces the availability of the 

preliminary analysis it has conducted 

for purposes of evaluating the need for 

amending the current energy 

conservation standards for walk-in 

coolers and freezers (‘‘walk-ins’’ or 

‘‘WICFs’’). The analysis is set forth in 

the Department’s accompanying 

preliminary technical support document 

(‘‘TSD’’) for this rulemaking. DOE will 

hold a public meeting via webinar to 

discuss and receive comment on the 

preliminary analysis. The meeting will 

cover the analytical framework, models, 

and tools that DOE is using to evaluate 

potential standards; the results of 

preliminary analyses performed by 

DOE; the potential energy conservation 

standard levels derived from these 

analyses (if DOE determines that 

proposed amendments are necessary); 

and other relevant issues. In addition, 

DOE encourages written comments on 

these subjects. 

DATES: 

Comments: Written comments and 

information will be accepted on or 

before, August 29, 2022. 

Meeting: DOE will hold a webinar on 

Friday, July, 22, 2022, from 1 to 4 p.m. 

See section IV, ‘‘Public Participation,’’ 

for webinar registration information, 

participant instructions and information 

about the capabilities available to 

webinar participants. 

ADDRESSES: Interested persons are 

encouraged to submit comments using 

the Federal eRulemaking Portal at 

https://www.regulations.gov, under 

docket number EERE–2017–BT–STD– 

0009. Follow the instructions for 

submitting comments. Alternatively, 

interested persons may submit 

comments, identified by docket number 

EERE–2017–BT–STD–0009, by any of 

the following methods: 

(1) Email: WICF2017STD0009@

ee.doe.gov. Include the docket number 

EERE–2017–BT–STD–0009 in the 

subject line of the message. 

(2) Postal Mail: Appliance and 

Equipment Standards Program, U.S. 

Department of Energy, Building 

Technologies Office, Mailstop EE–5B, 

1000 Independence Avenue SW, 

Washington, DC 20585–0121. 

Telephone: (202) 287–1445. If possible, 

please submit all items on a compact 

disc (‘‘CD’’), in which case it is not 

necessary to include printed copies. 

(3) Hand Delivery/Courier: Appliance 

and Equipment Standards Program, U.S. 

Department of Energy, Building 

Technologies Office, 950 L’Enfant Plaza 

SW, 6th Floor, Washington, DC 20024. 

Telephone: (202) 287–1445. If possible, 

please submit all items on a CD, in 

which case it is not necessary to include 

printed copies. 

No telefacsimiles (‘‘faxes’’) will be 

accepted. For detailed instructions on 

submitting comments and additional 

information on this process, see section 

IV of this document. 

To inform interested parties and to 

facilitate this rulemaking process, DOE 

has prepared an agenda, a preliminary 

TSD, and briefing materials, which are 

available on the DOE website at: https:// 

www1.eere.energy.gov/buildings/ 

appliance_standards/standards.aspx?

productid=56&action=viewlive. 

Docket: The docket for this activity, 

which includes Federal Register 

notices, comments, public meeting 

transcripts, and other supporting 

documents/materials, is available for 

review at https://www.regulations.gov. 

All documents in the docket are listed 

in the https://www.regulations.gov 

index. However, some documents listed 

in the index, such as those containing 

information that is exempt from public 

disclosure, may not be publicly 

available. 

The docket web page can be found at 

https://www.regulations.gov/docket/ 

EERE-2017-BT-STD-0009. The docket 

web page contains instructions on how 

to access all documents, including 


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