8924 Federal Register / Vol. 60, No. 32 / Thursday, February 16, 1995 / Rules and Regulations

domestic potato producers, who will

benefit from lower seed potato prices,

and consumers will benefit from any

resulting lower prices.

Under these circumstances, the

Administrator of the Animal and Plant

Health Inspection Service has

determined that this action will not

have a significant economic impact on

a substantial number of small entities.

Executive Order 12778

This rule has been reviewed under

Executive Order 12778, Civil Justice

Reform. This rule will allow true seed

of Solanum spp. to be imported into the

United States from Chile. State and local

laws and regulations regarding true seed

imported under this rule will be

preempted while the true seed is in

foreign commerce. Seeds are generally

imported for immediate distribution and

sale to the public, and remain in foreign

commerce until sold to the ultimate

consumer. The question of when foreign

commerce ceases in other cases must be

addressed on a case-by-case basis. This

rule has no retroactive effect and does

not require administrative proceedings

before parties may file suit in court.

Paperwork Reduction Act

In accordance with the Paperwork

Reduction Act of 1980 (44 U.S.C. 3501

et seq.), the information collection or

recordkeeping requirements included in

this rule have been approved by the

Office of Management and Budget

(OMB), and there are no new

requirements. The assigned OMB

control number is 0579–0049.

List of Subjects in 7 CFR Part 319

Bees, Coffee, Cotton, Fruits, Honey,

Imports, Incorporation by reference,

Nursery stock, Plant diseases and pests,

Quarantine, Reporting and

recordkeeping requirements, Rice,

Vegetables.

Accordingly, 7 CFR part 319 is

amended as follows:

PART 319—FOREIGN QUARANTINE

NOTICES

1. The authority citation for part 319

continues to read as follows:

Authority: 7 U.S.C. 150dd, 150ee, 150ff,

151–167, and 450; 21 U.S.C. 136 and 136a;

7 CFR 2.17, 2.51, and 371.2(c).

§ 319.37–2 [Amended]

2. In § 319.37–2(a), in the table, the

listing for Solanum spp. is amended in

the third column by adding the words

‘‘; Arracacha Virus B; Potato Yellowing

Virus’’ at the end of the entry,

immediately before the period.

3. In § 319.37–2(a), in the table, the

listing for Solanum spp. true seed is

amended in the second column by

removing the words ‘‘Canada and New

Zealand’’ and adding the words

‘‘Canada, New Zealand, and the X

Region of Chile (that area of Chile

between 39° and 44° South latitude—see

§ 319.37–5(o))’’ in their place, and in the

third column by adding the words ‘‘,

Arracacha Virus B, Potato Yellowing

Virus’’ at the end of the entry,

immediately before the period.

4. In § 319.37–3, paragraph (a)(3) is

amended by removing the words ‘‘true

seed of Solanum spp. (tuber bearing

species only—Section Tuberarium) from

New Zealand;’’, and a new paragraph

(a)(17) is added to read as set forth

below:

§ 319.37–3 Permits.

(a) * * *

(17) Solanum tuberosum true seed

from New Zealand and the X Region of

Chile (that area of Chile between 39°

and 44° South latitude—see § 319.37–

5(o)).

* * * * *

5. In § 319.37–5, a new paragraph (o)

is added to read as follows:

§ 319.37–5 Special foreign inspection and

certification requirements.

* * * * *

(o) Any Solanum tuberosum true seed

imported from Chile shall, at the time of

arrival at the port of first arrival in the

United States, be accompanied by a

phytosanitary certificate of inspection

issued in Chile by the Servicio Agricola

y Ganadero (SAG), containing

additional declarations that:

(1) The Solanum spp. true seed was

produced by Solanum plants that were

propagated from plantlets from the

United States;

(2) The Solanum plants that produced

the Solanum tuberosum true seed were

grown in the Tenth (X) Region of Chile

(that area of the country between 39°

and 44° South latitude); and

(3) Solanum tuberosum tubers, plants,

and true seed from each field in which

the Solanum plants that produced the

Solanum tuberosum true seed were

grown have been sampled by SAG once

per growing season at a rate to detect 1

percent contamination with a 99 percent

confidence level (500 tubers/500 plants/

500 true seeds per 1 hectare/2.5 acres),

and that the samples have been

analyzed by SAG using an enzymelinked immunosorbent assay (ELISA)

test or nucleic acid spot hybridization

(NASH) non-reagent test, with negative

results, for Andean Potato Latent Virus,

Arracacha Virus B, Potato Virus T, the

Andean Potato Calico Strain of Tobacco

Ringspot Virus, and Potato Yellowing

Virus.

(Approved by the Office of Management and

Budget under control number 0579–0049)

Done in Washington, DC, this 9th day of

February 1995.

Lonnie J. King,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–3843 Filed 2–15–95; 8:45 am]

BILLING CODE 3410–34–P

Agricultural Marketing Service

7 CFR Parts 905 and 944

[Docket No. FV94–905–4–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

which relaxed the minimum size

requirement for domestic shipments of

Florida red seedless grapefruit and for

red seedless grapefruit imported into the

United States to 35⁄16 inches in diameter

(size 56) through November 12, 1995.

This rule enables handlers in Florida

and importers to continue to ship size

56 red seedless grapefruit for the entire

1994–95 season.

EFFECTIVE DATE: March 20, 1995.

FOR FURTHER INFORMATION CONTACT:

William G. Pimental, Southeast

Marketing Field Office, USDA/AMS,

P.O. Box 2276, Winter Haven, Florida

33883; telephone: 813–299–4770; or

Mark Kreaggor, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, P.O.

Box 96456, Room 2523–S, Washington,

DC 20090–6456; telephone: 202–720–

2431.

SUPPLEMENTARY INFORMATION: This final

rule is issued under 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’’. This 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.

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,
Federal Register / Vol. 60, No. 32 / Thursday, February 16, 1995 / Rules and Regulations 8925

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. Section 8e also

provides that whenever two or more

marketing orders regulate the same

commodity produced in different areas

of the United States, the Secretary shall

determine which area the imported

commodity is in most direct

competition with and apply regulations

based on that area to the imported

commodity. The Secretary has

determined that grapefruit imported

into the United States are in most direct

competition with grapefruit grown in

Florida regulated under Marketing

Order No. 905, and has found that the

minimum grade and size requirements

for imported grapefruit should be the

same as those established for grapefruit

under Marketing Order No. 905.

The Department of Agriculture

(Department) is issuing this rule in

conformance with Executive Order

12866.

This rule has been reviewed under

Executive Order 12778, 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 requesting 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 in

equity to review the Secretary’s ruling

on the petition, provided a bill in equity

is filed not later than 20 days after the

date of the entry of the ruling.

There are no administrative

procedures which must be exhausted

prior to any judicial challenge to the

provisions of import regulations issued

under section 8e of the Act.

Pursuant to the requirements set forth

in the Regulatory Flexibility Act (RFA),

the Administrator of the Agricultural

Marketing Service (AMS) has

considered the economic impact of this

action on small entities.

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 110 Florida

citrus handlers subject to regulation

under the marketing order covering

oranges, grapefruit, tangerines, and

tangelos grown in Florida, about 11,970

producers of these citrus fruits in

Florida, 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. A majority of these

handlers, importers, and producers may

be classified as small entities.

The order for Florida citrus provides

for the establishment of minimum grade

and size requirements. The minimum

grade and size requirements are

designated to provide fresh markets

with fruit of acceptable quality, 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 producers, packers, and

consumers, and is designed to increase

returns to Florida citrus growers.

The Citrus Administrative Committee

(committee), which administers the

order locally, makes recommendations

to the Secretary of Agriculture as to the

grade and size of fruit that should garner

consumer acceptance. The committee

meets prior to and during each season

to review the handling regulations

effective on a continuous basis for each

citrus fruit regulated under the order.

Committee meetings are open to the

public, and interested persons may

express their views at these meetings.

The Department reviews committee

recommendations and information, as

well as information from other sources,

and determines whether modification,

suspension, or termination of the

handling regulations would tend to

effectuate the declared policy of the Act.

The committee met on September 13,

1994, and unanimously recommended

that the minimum size requirement for

domestic shipments of fresh red

seedless grapefruit be relaxed from size

48 to size 56 for the period November

7, 1994, to November 12, 1995. Size 56

(35⁄16 inches diameter) is the minimum

size until November 6, 1994. At that

time, absent this revision of the rules

and regulations under the order, the

minimum size will revert to size 48

(39⁄16 inches diameter).

Section 905.52, Issuance of

regulations, 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).

Minimum grade and size

requirements for grapefruit imported

into the United States are currently in

effect under § 944.106 (7 CFR 944.106),

as reinstated on July 26, 1993 (58 FR

39428, July 23, 1993). Export

requirements are not changed by this

rule.

In making its recommendation, the

committee considered estimated supply

and current shipments. The committee

reports that it expects that fresh market

demand will be sufficient to permit the

shipment of size 56 red seedless

grapefruit grown in Florida during the

entire 1994–95 season.

The committee recommended this

relaxation in size to enable Florida

grapefruit shippers to continue shipping

size 56 red seedless grapefruit to the

domestic market. This is consistent with

current and anticipated demand in

those markets for the 1994–95 season,

and provides for the maximization of

shipments to fresh market channels.

There are several exemption

provisions under the order. Handlers

may ship up to 15 standard packed

cartons (12 bushels) of fruit per day, and

up to two standard packed cartons of

fruit per day in gift packages which are

individually addressed and not for

resale under these provisions. Fruit

shipped for animal feed is also exempt

under specific conditions. Fruit shipped

to commercial processors for conversion

into canned or frozen products or into

a beverage base are not subject to the

handling requirements.

This rule reflects the committee’s and

the Department’s appraisal of the need

to relax the minimum size requirement

for red seedless grapefruit as specified.

This rule has a beneficial impact on
8926 Federal Register / Vol. 60, No. 32 / Thursday, February 16, 1995 / Rules and Regulations

producers, handlers and importers since

it permits Florida grapefruit handlers

and importers to make available those

sizes of fruit needed to meet consumer

needs consistent with this season’s crop

and market conditions.

The interim final rule concerning this

action was published in the November

8, 1994, Federal Register (59 FR 55571),

with a 30-day comment period ending

December 8, 1994. No comments were

received.

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.

This rule relaxes the minimum size

requirements for imported red seedless

grapefruit to 35⁄16 inches in diameter

(size 56) through November 12, 1995, to

reflect the relaxation being made under

the order for grapefruit grown in

Florida.

In accordance with section 8e of the

Act, the United States Trade

Representative has concurred with the

issuance of this final rule.

Based on the above, the Administrator

of the AMS has determined that this

rule will not have a significant

economic impact on a substantial

number of small entities.

After consideration of all relevant

material presented, the information and

recommendations submitted by the

committee, and other information, it is

found that finalizing the interim final

rule without change, as published in the

Federal Register (59 FR 55571) will

tend to effectuate the declared policy of

the Act.

List of Subjects 7 CFR Parts 905 and

944

Grapefruit, Marketing agreements,

Oranges, Reporting and recordkeeping

requirements, Tangelos, Tangerines.

PART 905—ORANGES, GRAPEFRUIT,

TANGERINES, AND TANGELOS

GROWN IN FLORIDA

Accordingly, the interim final rule

amending 7 CFR Part 905 which was

published at 59 55571 on November 8,

1994, is adopted as a final rule without

change.

PART 944—FRUIT; IMPORT

REGULATIONS

The interim final rule amending 7

CFR Part 944 which was published at 59

FR 55571 on November 8, 1994, is

adopted as a final rule without change.

Dated: February 8, 1995.

Sharon Bomer Lauritsen,

Deputy Director, Fruit and Vegetable Division.

[FR Doc. 95–3838 Filed 2–15–95; 8:45 am]

BILLING CODE 3410–02–P

7 CFR PART 915

[Docket No. FV93–911–1FR; Amendment]

Increase in Expenses for Marketing

Order Covering Avocados Grown in

South Florida

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule; amendment.

SUMMARY: The Department of

Agriculture (Department) is amending

the final rule that authorized expenses

and established an assessment rate for

the Florida Avocado Administrative

Committee (Committee) under

Marketing Order No. 915 for the 1994–

95 fiscal year. This final rule authorizes

an increased level of expenses for the

1994–95 fiscal year. Authorization of

this budget enables the Committee to

incur expenses that are reasonable and

necessary to administer its program.

Funds to administer the program are

derived from assessments on handlers.

EFFECTIVE DATE: April 1, 1994, through

March 31, 1995.

FOR FURTHER INFORMATION CONTACT:

Britthany E. Beadle, Marketing Order

Administration Branch, F&V, AMS,

USDA, P.O. Box 96456, Room 2524–S,

Washington, DC 20090–6456; telephone:

(202) 720–5127; or Aleck Jonas,

Southeast Marketing Field Office,

Marketing Order Administration

Branch, Fruit and Vegetable Division,

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

Haven, Florida 338833, telephone: (813)

299–4770.

SUPPLEMENTARY INFORMATION: This final

rule is issued under Marketing

Agreement and Order No. 915 (7 CFR

Part 915), as amended, regulating the

handling of avocados grown in south

Florida. 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 is issuing this rule in

conformance with Executive Order

12866.

This final rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. This rule increases the

authorized level of expenses for the

1994–95 fiscal year which began April

1, 1994, and ends March 31, 1995. This

final 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 requesting a modification of the

order or to be exempted therefrom. Such

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 in

equity to review the Secretary’s ruling

on the petition, provided a bill in equity

is filed not later than 20 days after date

of the entry of the ruling.

Pursuant to requirements set forth in

the Regulatory Flexibility Act (RFA), the

Administrator of the Agricultural

Marketing Service (AMS) has

considered the economic impact of this

action on small entities.

The purpose of the RFA is to fit

regulatory actions to the scale of

business subject to such actions in order

that small businesses will not be unduly

or disproportionately burdened.

Marketing orders issued pursuant to the

Act, and rules issued thereunder, are

unique in that they are brought about

through group action of essentially

small entities acting on their own

behalf. Thus, both statutes have small

entity orientation and compatibility.

There are approximately 95 producers

of avocados grown in south Florida, and

approximately 65 handlers who are

subject to regulation under the avocado

marketing order. Small agricultural

producers have been defined by the

Small Business Administration [13 CFR

121.601] as those having annual receipts

of less than $500,000, and small

agricultural service firms are defined as

those whose annual receipts are less

than $5,000,000. The majority of the

avocado producers and handlers may be

classified as small entities.

The marketing order requires that the

assessment rate for a particular fiscal

year shall apply to all assessable

avocados handled from the beginning of