51574 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 

component, other than the NIH, or of 

the remainder of HHS who is either a 

public filer, a confidential filer, or a 

clinical investigator who is reassigned 

to a position at the NIH shall report in 

writing within 30 days of entering on 

duty with the NIH any financial interest 

in a substantially affected organization 

and the value thereof held on the 

effective date of the reassignment to the 

agency. 

(3) Incumbent employees. An 

incumbent employee of the NIH who is 

either a public filer, a confidential filer, 

or a clinical investigator who acquires 

any financial interest in a substantially 

affected organization shall report such 

interest and the value thereof in writing 

within 30 days after acquiring the 

financial interest. Any incumbent 

employee, irrespective of financial 

disclosure filing status, who is 

designated a clinical investigator shall 

report in writing within 30 days of the 

approval of the clinical research 

protocol by the relevant institutional 

review board any financial interest in a 

substantially affected organization and 

the value thereof held on the date of the 

IRB approval. 

(4) Initial report by on duty 

employees. An employee on duty at the 

NIH on August 31, 2005, who is either 

a public filer, a confidential filer, or a 

clinical investigator shall report in 

writing on or before October 31, 2005, 

any financial interest in a substantially 

affected organization and the value 

thereof held on the date the report is 

filed. 

[FR Doc. 05–17352 Filed 8–26–05; 4:12 pm] 

BILLING CODE 4150–03–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 906 

[Docket No. FV05–906–1 IFR] 

Oranges and Grapefruit Grown in 

Lower Rio Grande Valley in Texas; 

Changes to Container and Pack 

Requirements 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: This rule revises the container 

and pack requirements currently 

prescribed under the marketing order 

(order) covering oranges and grapefruit 

grown in the Lower Rio Grande Valley 

in Texas. The order regulates the 

handling of such fruit and is 

administered locally by the Texas 

Valley Citrus Committee (Committee). 

This rule revises the orange and 

grapefruit rules and regulations and 

container requirements by adding eight 

new containers to the list of authorized 

containers for use by Texas citrus 

handlers, removing one obsolete 

container, and by combining all the 

requirements on authorized bags into 

one grouping for easier reference. Other 

changes would revise incorrect 

references to the U.S. grade standards 

for oranges and grapefruit grown in 

Texas. These changes are expected to 

help handlers compete more effectively 

in the marketplace, better meet the 

needs of buyers, and to improve 

producer returns. 

DATES: Effective September 1, 2005; 

comments received by October 31, 2005 

will be considered prior to issuance of 

a final rule. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this rule. Comments must be 

sent to the Docket Clerk, Marketing 

Order Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue SW., STOP 0237, 

Washington, DC 20250–0237; Fax: (202) 

720–8938; E-mail: 

moab.docketclerk@usda.gov; or Internet: 

http://www.regulations.gov. All 

comments should reference the docket 

number and the date and page number 

of this issue of the Federal Register and 

will be made available for public 

inspection in the Office of the Docket 

Clerk during regular business hours, or 

can be viewed at: http:// 

www.ams.usda.gov/fv/moab.html. 

FOR FURTHER INFORMATION CONTACT: 

Belinda G. Garza, Regional Manager, 

Texas Marketing Field Office, Marketing 

Order Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA; 

Telephone: (956) 682–2833, Fax: (956) 

682–5942; or George Kelhart, Technical 

Advisor, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue SW., STOP 0237, 

Washington, DC 20250–0237; 

Telephone: (202) 720–2491, Fax: (202) 

720–8938. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720–

2491, Fax: (202) 720–8938, or E-mail: 

Jay.Guerber@usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Agreement 

and Order No. 906, as amended (7 CFR 

part 906), regulating the handling of 

oranges and grapefruit grown in the 

Lower Rio Grande Valley in Texas, 

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.’’

The Department of Agriculture 

(USDA) 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 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 

or her principal place of business, has 

jurisdiction to review USDA’s ruling on 

the petition, provided an action is filed 

not later than 20 days after the date of 

the entry of the ruling. 

This rule revises container and pack 

requirements currently prescribed under 

the Texas orange and grapefruit order 

and makes several conforming and 

formatting changes. The rule revises the 

rules and regulations and container 

requirements by adding eight new 

containers to the list of authorized 

containers for use by Texas citrus 

handlers, removing one obsolete 

container, combining all of the 

requirements on authorized bags into 

one grouping for easier reference. Other 

changes include revising incorrect 

references to the U.S. grade standards 

for oranges and grapefruit grown in 

Texas and States other than Florida, 

California, and Arizona (7 CFR 51.680 

through 51.714 for oranges, and 7 CFR 

51.620 through 51.653 for grapefruit). 

See 68 FR 46433, August 6, 2003; and 

66 FR 48785, September 24, 2001, for 

information on changes in the grade 

standards that necessitate changes to the 

Texas citrus handling regulations. 

Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 51575 

These changes are expected to help 

handlers compete more effectively in 

the marketplace, better meet the needs 

of buyers, and to improve producer 

returns by lessening the chances of 

confusion in the marketplace. In 

addition, this rule is needed to bring the 

administrative rules and regulations 

into conformance with amendments to 

the U.S. grade standards. These changes 

were unanimously recommended by the 

Committee on May 26, 2005. 

The Committee’s Container 

Subcommittee met on May 26, 2005, 

and discussed in detail possible changes 

to the order’s container requirements. 

The Subcommittee recommended and 

the Committee unanimously approved 

the following changes to the orange and 

grapefruit container requirements and 

conforming changes to the rules and 

regulations to bring them into 

conformity with current industry 

marketing practices: 

(1) The addition of eight new 

containers to the list of approved 

containers for use by Texas citrus 

handlers; 

(2) Elimination of one obsolete wire 

crib from the container list, combining 

five approved bags currently listed 

separately into one paragraph for easier 

reference, and removal of some obsolete 

language in one container listing; 

(3) Removal of references no longer 

needed in the Texas citrus regulations 

because of changes made to the U.S. 

grade standards for Texas oranges and 

grapefruit; and 

(4) Correction of references to legal 

citations in the regulations. 

Under the terms of the order, fresh 

market shipments of oranges and 

grapefruit grown in the Lower Rio 

Grande Valley in Texas are required to 

be inspected and meet grade, size, 

container, and pack requirements. 

Section 906.40 of the citrus marketing 

order authorizes the issuance of 

container and pack regulations. Section 

906.340(a)(1) of the order’s rules and 

regulations outlines container 

requirements for fresh shipments of 

Texas oranges and grapefruit. Container 

standardization helps prevent marketing 

confusion and helps foster orderly 

marketing. 

Section 906.340 of the rules and 

regulations currently specifies 12 

containers authorized for use by Texas 

citrus handlers in paragraphs (a)(1)(i) 

through (xi). Paragraph (a)(1)(xi) of 

§ 906.340 also authorizes the Committee 

to approve other types of containers for 

testing purposes. Such test containers 

are subject to prior approval and their 

use by handlers is supervised by the 

Committee. 

Over the years, the Committee has 

approved experimental containers for 

use by the Texas citrus industry. The 

need for experimental containers is 

reviewed by the Committee at the 

beginning of each season. Because 

buyers, including retailers, have 

continued to request an increasing array 

of containers to meet their various 

display objectives, the number of 

Committee approved experimental 

containers has increased to 11. 

The Committee recently reviewed its 

experimental container list and decided 

to convert those being used by handlers 

to permanent status and to eliminate 

those that are no longer in use to lessen 

the chances of confusion and to reflect 

current industry practices. The 

Committee, therefore, recommended 

converting to permanent status 8 

experimental containers which are now 

widely used by the Texas citrus 

industry. The following containers are 

being added from the experimental to 

the permanent container list: 

(1) A fiberboard box holding two 

layers of fruit, with approximate 

dimensions of 23 inches in length, 151⁄2

inches in width, and 7 inches in depth; 

(2) A fiberboard box with approximate 

dimensions of 15 inches in length, 11 

inches in width, and 71⁄4 inches in 

depth; 

(3) A fiberboard box with approximate 

dimensions of 253⁄4 inches in length, 15 

inches in width, and 83⁄8 to 101⁄2 inches 

in depth; 

(4) A reusable collapsible plastic 

container with approximate dimensions 

of 23 inches in length, 15 inches in 

width, and 7 to 11 inches in depth; 

(5) A reusable collapsible plastic 

container with approximate dimensions 

of 141⁄4 x 103⁄4 x 63⁄4 inches; 

(6) A reusable collapsible plastic bin 

with approximate dimensions of 363⁄4 x 

443⁄4 x 27 inches; 

(7) An octagonal bulk triple wall 

fiberboard crib with approximate 

dimensions of 373⁄4 inches in length, 25 

inches in width, and 25 inches in 

height: Provided, That the container has 

a Mullen or Cady test of at least 1,100 

pounds: And Provided further, That the 

container may be used to pack any poly 

or mesh bags authorized in this section, 

or bulk fruit; and 

(8) A closed fiberboard carton with 

approximate dimensions of 161⁄2 inches 

in length, 103⁄4 inches in width, and 

615⁄16 inches in height: Provided, That 

the container has a Mullen or Cady test 

of at least 200 pounds. 

Retail buyers are highly competitive 

and experiment frequently with various 

in-store displays utilizing many 

container shapes and sizes. This ongoing experimentation is influenced by 

European container development, 

consumer preferences, evolving 

handling/racking systems, and other 

variables. These forces have combined 

to demand an ever-increasing number of 

containers on the experimental list. The 

intent of this action is to reduce the 

experimental container list to those 

which truly are still experimental. The 

Committee believes that the permanent 

container list should include all the 

containers that the Texas citrus industry 

is now using. Adding the widely used 

containers to the permanent list and 

eliminating the unused containers will 

bring the requirements into conformity 

with current industry operating 

practices. This change does not 

preclude additional containers being 

put on the experimental list, when 

necessary. 

The Committee also recommended 

eliminating one wire crib on the 

permanent list with dimensions of 461⁄2

by 37 by 30 inches, which is no longer 

being used by the industry. In addition, 

the Committee recommended 

combining five separate bag 

requirements into one paragraph to 

allow for easier reference. Currently, 

paragraph (a)(1) of § 906.340 lists bags 

with a capacity of five, eight, ten, or 18 

pounds of fruit, and four-pound poly or 

vexar bags for oranges only, in 

paragraphs (iv), (v), (x), and (xi). This 

action combines all the bag 

requirements into one paragraph so all 

of the authorized bags can be more 

easily identified. In addition, the 

Committee indicated that a reference to 

Freight Container Tariff 2G currently in 

§ 906.340(a)(1)(ii) is obsolete and 

recommended that it be removed. 

The U.S. grade standards for Texas 

oranges and grapefruit were revised in 

2003 to reflect current cultural and 

marketing practices and give the 

industry greater flexibility in marketing 

and packaging using developing 

technologies. The major changes revised 

the standard pack sections of the 

grapefruit and orange standards, and the 

standard sizing section of the orange 

standard by redefining the requirements 

in each section. To bring the order 

regulations into conformity with the 

revised grade standards, in paragraphs 

(c)(3)(iii) and (e) of § 906.120, the words 

‘‘which are packed level full,’’ and ‘‘the 

term level full means that the fruit is 

level with the top edge of the bottom 

section of the carton;’’, respectively, are 

removed. In addition, in the 

introductory text of paragraph 

(a)(2)(i)(A) of § 906.340, the comma after 

‘‘and’’ and the words ‘‘when place 

packed in cartons or other containers,’’ 

are removed. Also, in the introductory 

text of paragraph (a)(2)(ii)(A) of 

51576 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 

§ 906.340, the words ‘‘when place 

packed in cartons or other containers’’

and ‘‘and otherwise meet the 

requirements of standard sizing’’, when 

referring to grapefruit only, are 

removed. 

Furthermore, this rule revises several 

references to the U.S. standards for 

grapefruit and oranges for Texas and 

States other than Florida, California, 

and Arizona in paragraph (b) of 

§ 906.137 in the regulations to correctly 

identify applicable sections of the U.S. 

grade standards. A reference to ‘‘51.685’’

of the U.S. grade standards for grapefruit 

is incorrect and is revised to ‘‘51.653’’

to accurately reflect sections of the 

grapefruit standard. Also, an incorrect 

reference to ‘‘51.712’’ of the U.S. grade 

standards for oranges is revised to 

‘‘51.714’’. In addition, a reference to 

‘‘51.652’’ in paragraph (c) of § 906.340 is 

revised to ‘‘51.653’’. 

Initial Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA), the 

Agricultural Marketing Service (AMS) 

has considered the economic impact of 

this action on small entities. 

Accordingly, AMS has prepared this 

initial regulatory flexibility analysis. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

business subject to such actions in order 

that small businesses will not be unduly 

or disproportionately burdened. 

Marketing orders issued pursuant to the 

Act, and the 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 18 handlers 

of oranges and grapefruit who are 

subject to regulation under the order 

and approximately 212 producers in the 

production area. Small agricultural 

service firms are defined by the Small 

Business Administration (SBA) (13 CFR 

121.201) as those having annual receipts 

of less than $6,000,000, and small 

agricultural producers are defined as 

those having annual receipts of less than 

$750,000. The majority of Texas orange 

and grapefruit handlers and producers 

may be classified as small entities. 

Last year, 6 of the 18 handlers (33 

percent) each shipped over 545,951 7/10 

bushel cartons of oranges and grapefruit. 

Using an average f.o.b. price of $10.99 

per carton, these handlers could be 

considered large businesses by the SBA, 

and the remaining 12 handlers (67 

percent) could be considered small 

businesses. Of the approximately 212 

producers within the production area, 

few have sufficient acreage to generate 

sales in excess of $750,000; therefore, a 

majority of producers of Texas oranges 

and grapefruit may be classified as small 

entities. 

This rule revises container and pack 

requirements currently prescribed under 

the Texas orange and grapefruit order 

and makes several conforming and 

formatting changes. The rule revises the 

rules and regulations and container 

requirements by adding eight new 

containers to the list of authorized 

containers for use by Texas citrus 

handlers, removing one obsolete 

container, combining all of the 

requirements on authorized bags into 

one grouping for easier reference. Other 

changes include revising incorrect 

references to the U.S. grade standards 

for oranges and grapefruit grown in 

Texas and States other than Florida, 

California, and Arizona (7 CFR 51.680 

through 51.714 for oranges, and 7 CFR 

51.620 through 51.653 for grapefruit). 

See 68 FR 46433, August 6, 2003; and 

66 FR 48785, September 24, 2001, for 

information on changes to the grade 

standards that necessitate changes in the 

Texas citrus handling regulations. 

These changes are expected to help 

handlers compete more effectively in 

the marketplace, better meet the needs 

of buyers, and to improve producer 

returns by lessening the chances of 

confusion in the marketplace. In 

addition, this rule is needed to bring the 

order’s rules and regulations into 

conformance with amendments to the 

U.S. grade standards. These changes 

were unanimously recommended by the 

Committee on May 26, 2005. 

The Committee’s Container 

Subcommittee met on May 26, 2005, 

and discussed in detail possible changes 

to the order’s container requirements. 

The Subcommittee recommended and 

the Committee unanimously approved 

the following changes to the orange and 

grapefruit container requirements and 

conforming changes to the rules and 

regulations to bring them into 

conformity with current industry 

marketing practices: (1) The addition of 

eight new containers to the list of 

approved containers for use by Texas 

citrus handlers; (2) Elimination of one 

obsolete wire crib from the container 

list, combining the requirements of five 

approved bags currently listed 

separately into one paragraph for easier 

reference, and removing obsolete 

language in one container listing; (3) 

Removing references no longer needed 

in the Texas citrus regulations because 

of changes made to the U.S. grade 

standards for Texas oranges and 

grapefruit; and (4) Correcting references 

to legal citations in the regulations. 

Under the terms of the order, fresh 

market shipments of oranges and 

grapefruit grown in the Lower Rio 

Grande Valley in Texas are required to 

be inspected and meet grade, size, 

container, and pack requirements. 

Section 906.40 of the citrus marketing 

order authorizes the issuance of 

container and pack regulations. Section 

906.340(a)(1) of the order’s rules and 

regulations outlines container 

requirements for fresh shipments of 

Texas oranges and grapefruit. Container 

standardization helps prevent marketing 

confusion. 

Section 906.340 of the rules and 

regulations currently specifies 12 

containers authorized for use by Texas 

citrus handlers in paragraphs (a)(1)(i) 

through (xi). Paragraph (a)(1)(xi) of 

§ 906.340 also authorizes the Committee 

to approve other types of containers for 

testing purposes. Such test containers 

are subject to prior approval and under 

the supervision of the Committee. 

Over the years, the Committee has 

approved experimental containers for 

use by the Texas citrus industry. The 

need for experimental containers is 

reviewed by the Committee at the 

beginning of each season. Because 

buyers, including retailers, have 

continued to request an increasing array 

of containers to meet their various 

display objectives, the number of 

Committee approved experimental 

containers has increased to 11. 

The Committee recently reviewed its 

experimental container list and decided 

to convert those being used by handlers 

to permanent status and to eliminate 

those that are no longer in use to lessen 

the chances of confusion and to reflect 

current industry practices. The 

Committee, therefore, recommended 

converting to permanent status 8 

experimental containers which are now 

widely used by the Texas citrus 

industry. The following containers are 

being added from the experimental 

container list to the permanent 

container list: 

(1) A fiberboard box holding two 

layers of fruit, with approximate 

dimensions of 23 inches in length, 151⁄2

inches in width, and 7 inches in depth; 

(2) A fiberboard box with approximate 

dimensions of 15 inches in length, 11 

inches in width, and 71⁄4 inches in 

depth; 

(3) A fiberboard box with approximate 

dimensions of 253⁄4 inches in length, 15 

inches in width, and 83⁄8 to 101⁄2 inches 

in depth; 

(4) A reusable collapsible plastic 

container with approximate dimensions 

of 23 inches in length, 15 inches in 

width, and 7 to 11 inches in depth; 

Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 51577 

(5) a reusable collapsible plastic 

container with approximate dimensions 

of 141⁄4 x 103⁄4 x 63⁄4 inches; 

(6) A reusable collapsible plastic bin 

with approximate dimensions of 363⁄4 x 

443⁄4 x 27 inches; 

(7) An octagonal bulk triple wall 

fiberboard crib with approximate 

dimensions of 373⁄4 inches in length, 25 

inches in width, and 25 inches in 

height: Provided, That the container has 

a Mullen or Cady test of at least 1,100 

pounds: And Provided further, That the 

container may be used to pack any poly 

or mesh bags authorized in this section, 

or bulk fruit; and 

(8) A closed fiberboard carton with 

approximate dimensions of 161⁄2 inches 

in length, 103⁄4 inches in width, and 

615⁄16 inches in height: Provided, That 

the container has a Mullen or Cady test 

of at least 200 pounds. 

Retail buyers are highly competitive 

and experiment frequently with various 

in-store displays utilizing many 

container shapes and sizes. This ongoing experimentation is influenced by 

European container development, 

consumer preferences, evolving 

handling/racking systems, and other 

variables. These forces have combined 

to demand an ever-increasing number of 

containers on the experimental list. The 

intent of this action is to reduce the 

experimental container list to those 

which truly are still experimental. The 

Committee believes that the permanent 

container list should include all the 

containers the Texas citrus industry is 

now using. Moving the widely used 

containers from the experimental list to 

the permanent list and eliminating 

unused containers will bring the 

container requirements into conformity 

with industry operating practices. This 

change does not preclude additional 

containers being put on the 

experimental list, when necessary. 

The Committee also recommended 

eliminating one wire crib on the 

permanent list with dimensions of 461⁄2

by 37 by 30 inches, which is no longer 

being used by the industry. In addition, 

the Committee recommended 

combining five separate bag 

requirements into one paragraph to 

allow for easier reference. Currently, 

paragraph (a)(1) of § 906.340 lists bags 

with a capacity of five, eight, ten, or 18 

pounds of fruit, and four-pound poly or 

vexar bags for oranges only, in 

paragraphs (iv), (v), (x), and (xi). This 

rule combines all the bag requirements 

into one paragraph so all authorized 

bags can be more easily identified. In 

addition, the Committee indicated that 

a reference to Freight Container Tariff 

2G currently in § 906.340(a)(1)(ii), is 

obsolete and recommended that it be 

removed. 

The U.S. grade standards for Texas 

oranges and grapefruit were revised in 

2003 to reflect current cultural and 

marketing practices and give the 

industry greater flexibility in marketing 

and packaging using developing 

technologies. The major changes revised 

the standard pack sections of the 

grapefruit and orange standards, and the 

standard sizing section of the orange 

standard by redefining the requirements 

in each section. To bring the order 

regulations into conformity with the 

revised grade standards, in paragraphs 

(c)(3)(iii) and (e) of § 906.120, the words 

‘‘which are packed level full,’’ and ‘‘the 

term level full means that the fruit is 

level with the top edge of the bottom 

section of the carton;’’, respectively, are 

removed. In addition, in the 

introductory text of paragraph 

(a)(2)(i)(A) of § 906.340, the comma after 

‘‘and’’ and the words ‘‘when place 

packed in cartons or other containers,’’

are removed. Also, in the introductory 

text of paragraph (a)(2)(ii)(A) of 

§ 906.340, the words ‘‘when place 

packed in cartons or other containers’’

and ‘‘and otherwise meet the 

requirements of standard sizing’’, when 

referring to grapefruit only, are 

removed. 

Furthermore, this rule revises several 

references to the U.S. standards for 

grapefruit and oranges for Texas and 

States other than Florida, California, 

and Arizona in paragraph (b) of 

§ 906.137 in the regulations to correctly 

identify applicable sections of the U.S. 

grade standards. A reference to ‘‘51.685’’

of the U.S. grade standards for grapefruit 

is incorrect and is revised to ‘‘51.653’’

to accurately reflect sections of the 

grapefruit standard. Also, an incorrect 

reference to ‘‘51.712’’ of the U.S. grade 

standards for oranges is revised to 

‘‘51.714’’. In addition, a reference to 

‘‘51.652’’ in paragraph (c) of § 906.340 is 

revised to ‘‘51.653’’. 

The benefits of these changes are 

expected to be equally available to all 

Texas citrus producers and handlers 

regardless of their size of operation. The 

recommended changes offer benefits to 

the entire Texas citrus industry. These 

changes will enable handlers to compete 

more effectively in the marketplace by 

lessening the chances of marketing 

confusion. These changes also will 

contribute to the industry’s long-term 

objective of marketing as much citrus as 

possible. 

These regulation changes are expected 

to lead to market expansion. The 

alternative of leaving the regulations 

unchanged would not bring the 

regulations into conformity with 

industry operating practices. 

Accordingly, in assessing alternatives to 

the changes provided in this interim 

final rule, this action provides the most 

beneficial results. 

This rule will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

Texas orange and grapefruit 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. 

In addition, USDA has not identified 

any relevant Federal rules that 

duplicate, overlap, or conflict with this 

rule. 

Further, the Committee’s meeting was 

widely publicized throughout the Texas 

orange and grapefruit industry and all 

interested persons were invited to 

attend the meeting and participate in 

Committee deliberations. Like all 

Committee meetings, the May 26, 2005, 

meeting was a public meeting and all 

entities, both large and small, were able 

to express their views on this issue. 

Also, the Committee has a number of 

appointed subcommittees to review 

certain issues and make 

recommendations to the Committee. 

The Committee’s Container 

Subcommittee met on May 26, 2005, 

and discussed this issue in detail. That 

meeting was also a public meeting and 

both large and small entities were able 

to participate and express their views. 

Finally, interested persons are invited to 

submit information on the regulatory 

and informational impacts of this action 

on small businesses. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

fv/moab.html. Any questions about the 

compliance guide should be sent to Jay 

Guerber at the previously mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

This rule invites comments on 

changes to the rules and regulations and 

container requirements currently 

prescribed under the Texas citrus 

marketing order. Any comments 

received will be considered prior to 

finalization of this rule. 

After consideration of all relevant 

material presented, including the 

Committee’s recommendation, and 

other information, it is found that this 

interim final rule, as hereinafter set 

forth, will tend to effectuate the 

declared policy of the Act. 

Pursuant to 5 U.S.C. 553, it is also 

found and determined upon good cause 

that it is impracticable, unnecessary, 

51578 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 

and contrary to the public interest to 

give preliminary notice prior to putting 

this rule into effect and that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because: (1) This rule relaxes container 

requirements for oranges and grapefruit; 

(2) the regulatory period begins 

September 1 and this action should be 

in effect promptly so handlers can plan 

accordingly; (3) the Committee 

unanimously recommended these 

changes at a public meeting and 

interested parties had an opportunity to 

provide input; and (4) this rule provides 

a 60-day comment period and any 

comments received will be considered 

prior to finalization of this rule. 

List of Subjects in 7 CFR Part 906 

Grapefruit, Marketing agreements, 

Oranges, Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR part 906 is amended as 

follows: 

PART 906—ORANGES AND 

GRAPEFRUIT GROWN IN LOWER RIO 

GRANDE VALLEY IN TEXAS 

■ 1. The authority citation for 7 CFR 

part 906 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

§ 906.120 [Amended] 

■ 2. In § 906.120, paragraph (c)(3)(iii), 

remove the words ‘‘which are packed 

level full,’’; and in paragraph (e), 

remove the words ‘‘the term level full 

means that the fruit is level with the top 

edge of the bottom section of the 

carton;’’. 

§ 906.137 [Amended] 

■ 3. In § 906.137, paragraph (b), change 

the number ‘‘51.685’’ to ‘‘51.653’’ and 

the number ‘‘51.712’’ to ‘‘51.714’’. 

■ 4. Section 906.340 is amended as 

follows: 

■ A. Revise paragraph (a)(1) to read as 

set forth below; 

■ B. Amend paragraph (a)(2)(i)(A) 

introductory text by removing the words 

‘‘, when place packed in cartons or other 

containers,’’; 

■ C. Amend paragraph (a)(2)(ii)(A) 

introductory text by removing the words 

‘‘when place packed in cartons or other 

containers’’ and ‘‘and otherwise meet 

the requirements of standard sizing’’; 

and 

■ D. Amend paragraph (c) by revising 

‘‘51.652’’ to read ‘‘51.653’’. 

§ 906.340 Container, pack, and container 

marking regulations. 

(a) * * * 

(1) Containers. (i) Closed fiberboard 

carton with inside dimensions of 131⁄4 x 

101⁄2 x 71⁄4 inches: Provided, That the 

container has a Mullen or Cady test of 

at least 200 pounds; 

(ii) Closed fully telescopic fiberboard 

carton with inside dimensions of 161⁄2 x 

103⁄4 x 91⁄2 inches; 

(iii) Closed fiberboard carton with 

inside dimensions of 20 x 131⁄4 inches 

and a depth from 93⁄4 to 13 inches: 

Provided, That the container has a 

Mullen or Cady test of at least 250 

pounds: And Provided further, That the 

container may be used to pack any poly 

or mesh bags authorized in this section; 

(iv) Poly or mesh bags having a 

capacity of four, five, eight, ten, or 18 

pounds of fruit: Provided, That only 

oranges are to be packed in the fourpound bag. 

(v) Rectangular or octagonal bulk 

fiberboard crib with approximate 

dimensions of 46 to 471⁄2 inches in 

length, 37 to 38 inches in width, and 36 

inches in height: Provided, That this 

container has a Mullen or Cady test of 

at least 1,300 pounds, and that it is used 

only once for the shipment of citrus 

fruit: And Provided further, That the 

container may be used to pack any poly 

or mesh bags authorized in this section, 

or bulk fruit. 

(vi) Rectangular or octagonal 2⁄3

fiberboard crib with approximate 

dimensions of 46 to 471⁄2 inches in 

length, 37 to 38 inches in width, and 24 

inches in height: Provided, That the crib 

has a Mullen or Cady test of at least 

1,300 pounds, and that it is used only 

once for the shipment of citrus fruit: 

And Provided further, That the 

container may be used to pack any poly 

or mesh bags authorized in this section, 

or bulk fruit. 

(vii) Octagonal fiberboard crib with 

approximate dimensions of 46 to 471⁄2

inches in width, 37 to 38 inches in 

depth, and 26 to 261⁄2 inches in height: 

Provided, That the crib has a Mullen or 

Cady test of at least 1,300 pounds, and 

that it is used only once for the 

shipment of citrus fruit: And Provided 

further, That the crib may be used to 

pack any poly or mesh bags authorized 

in this section, or bulk fruit. 

(viii) Fiberboard box holding two 

layers of fruit, with approximate 

dimensions of 23 inches in length, 151⁄2

inches in width, and 7 inches in depth; 

(ix) Fiberboard box with approximate 

dimensions of 15 inches in length, 11 

inches in width, and 71⁄2 inches in 

depth; 

(x) Fiberboard box with approximate 

dimensions of 253⁄4 inches in length, 15 

inches in width, and 83⁄8 to 101⁄2 inches 

in depth; 

(xi) Reusable collapsible plastic 

container with approximate dimensions 

of 23 inches in length, 15 inches in 

width, and 7 to 11 inches in depth; 

(xii) Reusable collapsible plastic 

container with approximate dimensions 

of 141⁄4 x 103⁄4 x 63⁄4 inches; 

(xiii) Reusable collapsible plastic bin 

with approximate dimensions of 363⁄4 x 

443⁄4 x 27 inches; 

(xiv) Octagonal bulk triple wall 

fiberboard crib with approximate 

dimensions of 373⁄4 inches in length, 25 

inches in width, and 25 inches in 

height: Provided, That the container has 

a Mullen or Cady test of at least 1,100 

pounds: And Provided further, That the 

container may be used to pack any poly 

or mesh bags authorized in this section, 

or bulk fruit; 

(xv) Closed fiberboard carton with 

approximate dimensions of 161⁄2 inches 

in length, 103⁄4 inches in width, and 

615⁄16 inches in height: Provided, That 

the container has a Mullen or Cady test 

of at least 200 pounds; 

(xvi) Such types and sizes of 

containers as may be approved by the 

committee for testing in connection 

with a research project conducted by or 

in cooperation with the committee: 

Provided, That the handling of each lot 

of fruit in such test containers shall be 

subject to prior approval and under the 

supervision of the committee. 

* * * * * 

Dated: August 26, 2005. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 05–17321 Filed 8–30–05; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 958 

[Docket No. FV05–958–1 FIR] 

Onions Grown in Certain Designated 

Counties in Idaho, and Malheur 

County, OR; Decreased Assessment 

Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: The Department of 

Agriculture (USDA) is adopting, as a 

final rule, without change, an interim 

final rule which decreased the 

assessment rate established for the 

Idaho-Eastern Oregon Onion Committee 

(Committee) for the 2005–2006 and 

subsequent fiscal periods from $0.105 to