Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Proposed Rules 20059

§ 59.800. However, when such eggs are

packed and sold to consumers, they may

not exceed the tolerance for restricted

eggs permitted in the official standards

for U.S. Consumer Grade B shell

eggs.* * *

43. In § 59.905, paragraph (a) is

revised to read as follows:

§ 59.905 Importation of restricted eggs or

eggs containing more restricted eggs than

permitted in the official standards for U.S.

Consumer Grade B.

(a) No containers of restricted egg(s)

other than checks or dirties shall be

imported into the United States. The

shipping containers of such eggs shall

be identified with the name, address,

and country of origin of the exporter,

and the date of pack and quality of the

eggs (e.g., checks, or dirties) preceded

by the word ‘‘Imported’’ or the

statement ‘‘Imported Restricted Eggs—

For Processing Only In An Official

USDA Plant,’’ or ‘‘Restricted Eggs—Not

To Be Used As Human Food.’’

Alternatively, for properly sealed and

certified shipments of shell eggs

imported for breaking at an official egg

product plant, the shipping containers

need not be labeled, provided that the

shipment is segregated and controlled

upon arrival at the destination breaking

plant. Such identification shall be

legible and conspicuous.

* * * * *

§ 59.915 [Amended]

44. In § 59.915, paragraph (b)(8) is

amended by adding after the words

‘‘shell egg’’ the words ‘‘, including date

of pack,’’.

§ 59.940 [Amended]

45. In § 59.940, the last sentence is

removed.

46. In § 59.945, paragraph (b) is

revised to read as follows:

§ 59.945 Foreign eggs and egg products

offered for importation; reporting of

findings to customs; handling of products

refused entry.

* * * * *

(b) Consignees shall, at their own

expense, return immediately to the

collector of customs, in means of

conveyance or packages sealed by the

U.S. Department of Agriculture, any

eggs or egg products received by them

under this part which in any respect do

not comply with this part.

47. Section 59.950 is amended by

revising paragraphs (a)(3) and (a)(8),

redesignating paragraph (b) as (c), and

adding a new paragraph (b) to read as

follows:

§ 59.950 Labeling of containers of eggs or

egg products for importation.

(a) * * * (3) the quality or description

of shell eggs, including date of pack;

* * * (8) the date of production and

plant number of the plant at which the

egg product was processed and/or

packed.

(b) For properly sealed and certified

shipments of shell eggs imported for

breaking at an official egg products

plant, the immediate containers need

not be labeled, provided that the

shipment is segregated and controlled

upon arrival at the destination breaking

plant.

* * * * *

48. Section 59.955 is amended by

redesignating paragraph (b) as (c) and

adding a new paragraph (b) to read as

follows:

§ 59.955 Labeling of shipping containers

of eggs or egg products for importation.

* * * * *

(b) For properly sealed and certified

shipments of shell eggs imported for

breaking at an official egg products

plant, the shipping containers need not

be labeled, provided that the shipment

is segregated and controlled upon

arrival at the destination breaking plant.

49. A new § 59.956 is added to read

as follows:

§ 59.956 Relabeling of imported egg

products.

(a) Egg products eligible for

importation may be relabeled with an

approved label under the supervision of

an inspector at an official egg products

plant or other location. The new label

for such product shall indicate the

country of origin except for products

which are reprocessed (repasteurized, or

in the case of dried products, dry

blended with products produced in the

United States) in an official egg

products plant.

(b) The label for relabeled products

must state the name, address, and zip

code of the distributor, qualified by an

appropriate term such as ‘‘packed for’’,

‘‘distributed by’’ or ‘‘distributors’’.

Dated: April 17, 1995.

Lon Hatamiya,

Administrator.

[FR Doc. 95–9974 Filed 4–21–95; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 906 and 944

[Docket No. FV–95–906–1PR]

Oranges Grown in the Lower Rio

Grande Valley in Texas and Imported

Oranges; Proposed Suspension of

Regulations for Domestic and

Imported Oranges

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Proposed suspension of rule.

SUMMARY: This document invites written

comments on a proposal to suspend, for

the period July 1 through August 31, the

handling regulations for oranges grown

in the Lower Rio Grande Valley in Texas

and the orange import regulations.

Currently, the effective period for both

domestic and imported oranges is

January 1 through December 31 of each

year. The purpose of the proposed

suspension is to remove unnecessary

handling regulations applicable to

shipments of Texas oranges for the two

month period July and August. The

proposed suspension of regulations

applicable to imported oranges is

necessary under section 8e of the

amended Agricultural Marketing

Agreement Act of 1937.

DATES: Comments must be received by

May 15, 1995.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this proposed suspension.

Comments must be sent in triplicate to

the Docket Clerk, Fruit and Vegetable

Division, AMS, USDA, P.O. Box 96456,

room 2523–S, Washington, D.C. 20090–

6456, or by facsimile at 202–720–5698.

Comments should reference the docket

number and the date and page number

of this issue of the Federal Register and

will be available for public inspection in

the Office of the Docket Clerk during

regular business hours.

FOR FURTHER INFORMATION CONTACT:

Charles L. Rush, Marketing Specialist,

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; or Belinda G.

Garza, McAllen Marketing Field Office,

USDA/AMS, 1313 East Hackberry,

McAllen, TX 78501; telephone: 210–

682–2833.

SUPPLEMENTARY INFORMATION: This

proposed suspension is issued under

Marketing Agreement and Order No.

906 (7 CFR Part 906) regulating the

handling of oranges and grapefruit
20060 Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Proposed Rules

grown in the Lower Rio Grande Valley

in Texas, hereinafter referred to as the

order. The agreement and order are

effective under the Agricultural

Marketing Agreement Act of 1937, as

amended (7 U.S.C. 601–674), hereinafter

referred to as the ‘‘Act.’’

This proposed suspension is also

issued pursuant to section 8e of the Act,

which requires the Secretary of

Agriculture to issue grade, size, quality,

or maturity requirements for certain

listed commodities imported into the

United States that are the same as, or

comparable to, those imposed upon the

domestic commodities under Federal

marketing orders.

The Department of Agriculture

(Department) is issuing this proposed

suspension in conformance with

Executive Order 12866.

This proposed suspension has been

reviewed under Executive Order 12778,

Civil Justice Reform. This proposed

suspension is not intended to have

retroactive effect. This action would not

preempt any State or local laws,

regulations, or policies, unless they

present an irreconcilable conflict with

this proposed suspension.

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 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 domestic grade, size,

quality or maturity regulations

established under Federal marketing

orders.

There are approximately 15 handlers

of oranges and grapefruit regulated

under the marketing order each season

and approximately 750 orange and

grapefruit producers in South Texas. In

addition, there are approximately 20

importers of oranges subject to the

requirements of the orange import

requirements. Small agricultural service

firms, which include handlers and

importers, have been defined by the

Small Business Administration (13 CFR

§ 121.601) as those having annual

receipts of less than $5,000,000, and

small agricultural producers are defined

as those whose annual receipts are less

than $500,000. The majority of these

handlers, producers, and importers may

be classified as small entities.

Under the marketing order, oranges

grown in the Lower Rio Grande Valley

in Texas are currently subject to a

minimum grade requirement of U.S. No.

2 and a minimum size requirement of

26⁄16 inches in diameter. These

requirements are in effect throughout

the year on a continuous basis. The

grade and size requirements for oranges

grown in the Lower Rio Grande Valley

in Texas are found in § 906.365 (7 CFR

part 906) under the order. In addition,

there are container and pack

requirements found in § 906.340.

The Texas Valley Citrus Committee

(Committee), the agency responsible for

local administration of the order, meets

prior to and during each season to

review the handling regulations

effective on a continuous basis for

oranges 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 March 9, 1995,

and recommended by a 14 to 1 vote to

relax the effective dates of the regulatory

period for oranges from continuous to

July 15 through August 31, 1995, for one

year. Committee members limited the

relaxation to one year because of

concerns about imported oranges being

in commercial channels after August 31,

and the need to study the impact of

such a change. The Committee

acknowledged that the Texas orange

requirements only need to be in effect

when there are shipments of Texas

oranges.

The Committee member who voted in

opposition to the recommended change

expressed concern about the potential

impact imported oranges could have on

the marketing of Texas oranges if

substandard imports are in commercial

channels when the Texas orange

shipping season begins. However, this

rule proposes that the quality and size

regulations for both Texas and imported

oranges be in effect when the Texas

shipping season begins and all fruit

handled during the Texas shipping

season would be subject to those

requirements.

According to the Committee, Texas

orange shipments typically begin in mid

to late September and end in mid to late

June. The Texas citrus industry has been

in a vigorous recovery since the freeze

of 1989. Prior to the freeze, shipments

of oranges during the 1986/87 season

totaled 1,334,548 cartons, shipments for

the 1987/88 season totaled 2,240,181

cartons, and shipments for the 1988/89

season totaled 1,220,101 cartons. The

1989/90 shipping season ended in early

January 1990 due to the harsh freeze.

There was no commercial production or

shipments of oranges during the 1990/

91 season due to the December 1989

freeze. Orange shipments were minimal

during the 1991/92 season as the

recovery from the freeze of 1989 was

still underway. Shipments for the 1992/

93 season totaled approximately

688,000 cartons and shipments in the

1993/94 season approximated 833,000

cartons. The Committee expects the

1994/95 season to be an excellent year

for orange production and sales. A

review of 1986/87 to 1993/94 Texas

orange shipment data revealed that the

industry’s shipping season consistently

runs from September through the

following June. This pattern was

consistent in both pre-freeze and postfreeze seasons.

The Department reviewed the

Committee’s recommendation and

determined that the quality and size

requirements for Texas oranges should

be suspended for the period July 1

through August 31, when there are no

Texas orange shipments. The regulatory

period would begin in September and

end in June. There have been

production changes over the last five to

six seasons. However, as mentioned

above, the change in production is a

result of the freeze of 1989. The change
Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Proposed Rules 20061

in production has not resulted in a

change in the industry’s shipping

pattern. The industry’s shipping pattern

consistently begins in September and

ends in June. Although shipping

patterns have not changed to date, in the

future there may be changes in

production and, therefore, we are

proposing a suspension. An annual

evaluation will be conducted to

determine the impact of the suspension

on the Texas orange industry. If it is

determined that the suspension has

been deleterious to the Texas orange

industry, necessary modifications will

be made.

Minimum grade and size

requirements for fresh oranges grown in

Texas are in effect under § 906.365 (7

CFR 906.365). This action proposes

suspending the provisions of § 906.365

that apply to oranges during the months

of July and August.

Since the grade and size requirements

for Texas oranges would be in effect

during the entire Texas shipping season,

this change should not have an adverse

impact on the Texas orange industry.

Section 8e of the Act provides that

when certain domestically produced

commodities, including oranges, are

regulated under a Federal marketing

order, imports of that commodity must

meet the same or comparable grade,

size, quality, and maturity requirements.

Section 8e further provides that

whenever two or more marketing orders

regulating the same agricultural

commodity produced in different areas

of the United States are concurrently in

effect, the imports shall be subject to the

requirements applicable to the

commodity produced in the area with

which the imported commodity is in

most direct competition. The Secretary

has determined that oranges imported

into the United States are in most direct

competition with oranges grown in

Texas regulated under M.O. No. 906,

and has found that the minimum grade

and size requirements for imported

oranges should be the same as those

established for oranges under M.O. No.

906.

Currently, imported oranges are

subject to minimum grade and size

requirements under § 944.312 (7 CFR

944.312). These requirements are in

effect on a continuous basis because

domestic oranges are currently subject

to the minimum grade and size

requirements under Marketing Order

No. 906 on a continuous basis. This rule

proposes suspending section 944.312(a)

for the period July 1 through August 31

indefinitely so that it would be effective

September 1 through June 30, the same

time period that is being proposed for

the Texas orange regulation.

According to the Department’s Market

News Branch, U.S. fresh orange imports

during the 1993/94 season (beginning

November 1) totaled 37.2 million

pounds, up nearly 60 percent from the

1992/93 total. The increase is

attributable to additional supplies from

Australia as compared with the prior

season. Australia’s largest shipments

arrive in July and August. By

comparison, U.S. orange imports

averaged 48.3 million pounds per

season from 1988/89 through 1992/93,

ranging from a low of nearly 19 million

pounds to 137.3 million pounds in

1990/91 when domestic supplies were

reduced following freeze damage to the

California crop. In both 1992/93 and

1993/94, Australia was the principal

source of fresh orange imports. Other

sources of orange imports were the

Dominican Republic, whose largest

shipments arrive in August and

September, Mexico, Israel, and Jamaica.

In the 1992/93 season, Australia

accounted for 10.1 million pounds, or

43 percent of U.S. fresh orange imports

and 20.7 million pounds, or 56 percent

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

an important source of orange imports

during the fall and winter. Imports from

Israel are most active during the winter,

with imports from other countries

widely distributed throughout the

season.

This rule would result in relaxed

import requirements because the orange

import regulations would not be in

effect during the months of July and

August. This could result in reduced

costs to importers. This action should

not have an adverse impact on the Texas

industry, however, because its shipping

season does not begin until September.

Domestic producers will not be

significantly impacted, since all oranges

in commercial channels during the

domestic shipping season would be

subject to the same minimum grade and

size requirements.

The purpose of these changes is to

assure that applicable quality

requirements are in place only during

such periods as needed by the Texas

orange industry to provide a consistent

supply of oranges of acceptable quality

to fresh market outlets.

Based on the above, the Administrator

of the AMS has determined that this

proposed rule would not have a

significant economic impact on a

substantial number of small entities.

In accordance with section 8e of the

Act, the United States Trade

Representative has concurred with the

issuance of this proposed rule.

This proposed rule reflects the

Department’s appraisal of the need to

revise the dates of the regulatory period

for imported oranges, as hereinafter set

forth, to effectuate the declared policy of

the Act.

A comment period of 20 days is

deemed appropriate because this rule

would relax requirements currently in

effect, and to be of maximum benefit it

should be in effect by July 1, 1995.

List of Subjects

7 CFR Part 906

Oranges, Marketing agreements,

Reporting and recordkeeping

requirements.

7 CFR Part 944

Avocados, Food grades and standards,

Grapes, Imports, Kiwifruit, Limes,

Olives, Oranges.

For the reasons set forth in the

preamble, 7 CFR parts 906 and 944 are

proposed to be amended as follows:

PART 906—ORANGES GROWN IN THE

LOWER RIO GRANDE VALLEY IN

TEXAS

1. The authority citation for both 7

CFR parts 906 and 944 continues to read

as follows:

Authority: 7 U.S.C. 601–674.

§ 906.365 [Amended]

2. In § 906.365, paragraph (a)(7) is

added, reading as follows:

§ 906.365 Texas Orange and Grapefruit

Regulation 34.

(a) * * *

(7) Beginning in 1995, this paragraph

(a) is suspended each year from July 1

through August 31.

* * * * *

PART 944—FRUITS; IMPORT

REGULATIONS

§ 944.312 [Amended]

3. In § 944.312, paragraph (a)(3) is

added, reading as follows:

§ 944.312 Orange import regulation.

(a) * * *

(3) Beginning in 1995, this paragraph

(a) is suspended each year from July 1

through August 31.

* * * * *

Dated: April 18, 1995.

Sharon Bomer Lauritsen,

Deputy Director, Fruit and Vegetable Division.

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

BILLING CODE 3410–02–P