20716 Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Rules and Regulations

§ 51.1837 Classification of defects.

TABLE I

Factor Damage Serious damage Very serious damage

Ammoniation ................................. Not occurring as light speck type,

or detracts more than discoloration permitted in the grade.

Scars are cracked or dark and aggregating more than a circle 5⁄8

inch (15.9 mm) in diameter.

Aggregating more than 25 percent

of the surface.

Bruises .......................................... Segment walls are collapsed, or

rag is ruptured and juice sacs

are ruptured.

Segment walls are collapsed, or

rag is ruptured and juice sacs

are ruptured.

Fruit is split open, peel is badly

watersoaked, or rag is ruptured

and juice sacs are ruptured

causing a mushy condition affecting all segments more than

1⁄2 inch (12.7 mm) at bruised

area or the equivalent of this

amount, by volume, when affecting more than one area on

the fruit.

Buckskin ........................................ Aggregating more than a circle 3⁄4

inch (19.1 mm) in diameter.

Aggregating more than 25 percent

of the surface.

Aggregating more than 50 percent

of the surface.

Caked melanose ........................... Aggregating more than a circle 3⁄8

inch (9.5 mm) in diameter.

Aggregating more than a circle 5⁄8

inch (15.9 mm) in diameter.

Aggregating more than 25 percent

of the surface.

Creasing ........................................ Materially weakens the skin, or

extends over more than onethird of the surface.

Seriously weakens the skin, or extends over more than one-half

of the surface.

Very seriously weakens the skin,

or is distributed over practically

the entire surface.

Dryness or mushy condition ......... Affecting all segments more than 1⁄8 inch (3.2 mm) at stem end,

or the equivalent of this amount,

by volume, when occurring in

other portions of the fruit.

Affecting all segments more than 1⁄4 inch (6.4 mm) at stem end,

or the equivalent of this amount,

by volume, when occurring in

other portions of the fruit.

Affecting all segments more than 1⁄2 inch (12.7 mm) at stem end,

or the equivalent of this amount,

by volume, when occurring in

other portions of the fruit.

Green spots .................................. Aggregating more than a circle 1⁄2

inch (12.7 mm) in diameter.

Aggregating more than a circle 5⁄8

inch (15.9 mm) in diameter.

Aggregating more than 25 percent

of the surface.

Oil spots ........................................ Aggregating more than a circle 1⁄2

inch (12.7 mm) in diameter.

Aggregating more than a circle 3⁄4

inch (19.1 mm) in diameter.

Aggregating more than 25 percent

of the surface.

Scab .............................................. Materially detracts from the shape

or texture, or aggregating more

than a circle 3⁄8 inch (9.5 mm)

in diameter.

Seriously detracts from the shape

or texture, or aggregating more

than a circle 5⁄8 inch (15.9 mm)

in diameter.

Aggregating more than 25 percent

of the surface.

Scale ............................................. Aggregating more than a circle 3⁄8

inch (9.5 mm) in diameter.

Aggregating more than a circle 5⁄8

inch (15.9 mm) in diameter.

Aggregating more than 25 percent

of the surface.

Scars, Hail, and Thorn scratches

[For smooth or fairly smooth superficial scars see § 51.1828.].

Deep or rough aggregating more

than a circle 1⁄4 inch (6.4 mm)

in diameter; slightly rough with

slight depth aggregating more

than a circle 3⁄4 inch (19.1 mm)

in diameter; smooth or fairly

smooth with slight depth aggregating more than a circle 11⁄8

inches (28.6 mm) in diameter.

Deep or rough aggregating more

than a circle 1⁄2 inch (12.7 mm)

in diameter; slightly rough with

slight depth aggregating more

than a circle 11⁄8 inches (28.6

mm) in diameter; smooth or fairly smooth with slight depth aggregating more than 10 percent

of fruit surface.

Deep or rough or unsightly that

appearance is very seriously affected.

Skin breakdown ............................ Aggregating more than a circle 1⁄2

inch (12.7 mm) in diameter.

Aggregating more than a circle 3⁄4

inch (19.1 mm) in diameter.

Aggregating more than 25 percent

of the surface.

Sprayburn ...................................... Skin is hard and aggregating

more than a circle 3⁄4 inch (19.1

mm) in diameter.

Skin is hard and aggregating

more than a circle 11⁄4 inches

(31.8 mm) in diameter.

Aggregating more than 25 percent

of the surface.

Sunburn ......................................... Skin is flattened, dry, darkened, or

hard and the affected area exceeds 25 percent of the surface.

Skin is hard and affects more than

one-third of the surface.

Aggregating more than 50 percent

of the surface.

Note: All references to area or aggregate area, or length are based on a tangerine 21⁄2 inches in diameter (63.5 mm), allowing proportionately

greater areas on larger fruit and lesser areas on smaller fruit.

Dated: May 2, 1996.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 96–11457 Filed 5–7–96; 8:45 am]

BILLING CODE 3410–02–P
Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Rules and Regulations 20717

7 CFR Part 900

[Docket No. FV95–900–1FR]

Amendment of General Regulations for

Marketing Orders; Adding Stipulation

Procedures

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This rule amends the general

regulations for federal marketing orders

and marketing agreements covering

fruits, vegetables and nuts, by adding a

provision for implementing stipulation

procedures to resolve certain violations

of marketing orders, marketing

agreements, Section 8e import

regulations, and provisions regulating

nonsignatory peanut handlers.

Marketing orders, marketing

agreements, and the other regulatory

provisions listed above regulate

handlers and/or importers of various

agricultural commodities and are

authorized under the Agricultural

Marketing Agreement Act of 1937 (Act).

The Act gives the Department of

Agriculture (Department) authority to

institute formal administrative

proceedings against handlers and/or

importers who violate marketing orders,

marketing agreements, and other

regulatory provisions under the Act.

This rule would give the Department

another tool for enforcement by

allowing the Department to enter into a

written agreement with a violator who

agrees to waive a hearing and pay a civil

penalty without a formal administrative

proceeding.

EFFECTIVE DATE: May 9, 1996.

FOR FURTHER INFORMATION CONTACT:

Barbara Schulke, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, P.O.

Box 96456, room 2523–S, Washington,

DC. 20090–6456, telephone (202) 720–

4607, facsimile (202) 720–5698.

SUPPLEMENTARY INFORMATION: The

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 (1) preempts all State

or local laws and regulations that are

inconsistent with this rule, (2) has no

retroactive effect, and (3) does not

require administrative proceedings

before parties may file suit in court

challenging this rule.

The Act provides authority for federal

marketing order and marketing

agreement programs for various fruits,

vegetables and nuts. The programs are

initiated by interested industries and

voted on by those in the industry. A

marketing order allows an industry to

solve marketing problems by

establishing grade, size, quality,

maturity, quantity and container

requirements that apply to all handlers

in the industry. Section 8e of the Act

requires that whenever the Secretary of

Agriculture issues grade, size, quality,

or maturity regulations under domestic

marketing orders for certain

commodities, the same or comparable

regulations on imports of those

commodities must be issued. Thus,

handler and importer compliance is

essential for marketing order and

marketing agreement programs and

mandatory import requirements to be

effective.

Section 608(c)14(B) of the Act

authorizes the Department to institute a

formal administrative proceeding

against a handler or importer who

violates a marketing order or other

regulatory provision under the Act. This

rule provides an alternative tool for

enforcement by allowing the

Department to enter into a written

agreement, or stipulation, with a

violator who agrees to waive a hearing

and pay a civil penalty without the

Department’s initiating a formal

administrative proceeding.

Under these stipulation procedures,

the Administrator of the Agricultural

Marketing Service would give the

handler or importer notice of the alleged

violation and the opportunity for a

hearing. The handler or importer would

have the option to waive the hearing

and agree to pay a specified civil

penalty within a prescribed period of

time. In turn, the Administrator would

agree to accept the civil penalty in

settlement of the particular matter

involved if the penalty is paid within

the specified time frame. If, however,

the handler or importer does not pay the

civil penalty within that period of time,

the Department would institute a formal

administrative proceeding. A civil

penalty that the Department offers in a

stipulation will have no bearing on the

civil penalty that the Department may

seek in a formal administrative

proceeding.

Formal disciplinary proceedings can

take up to two years and are costly for

both the Department and the violator.

The Department is implementing the

use of stipulation agreements, where

appropriate, to improve marketing

order, marketing agreement, and Section

8e compliance. The intended effect of

this rule is to resolve certain cases

without the cost of going to a hearing.

Accordingly, the general regulations for

marketing orders and marketing

agreements covering fruits, vegetables

and nuts are amended by adding a

subpart on stipulation procedures.

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

and determined upon good cause that

notice and other procedure with respect

thereto are impracticable, unnecessary

and contrary to the public interest, and

there is good cause for making this rule

effective less than 30 days after

publication in the Federal Register

because (1) these procedures are in

effect for other Department programs,

(2) this action improves the

administration of marketing order,

marketing agreement, and Section 8e

programs because it affords more timely

resolution of cases brought by USDA,

and (3) no useful purpose would be

served by delaying the effective date of

implementing the use of stipulation

agreements. This rule is not a rule as

defined by the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.).

List of Subjects in 7 CFR Part 900

Administrative practice and

procedures, Freedom of information,

Marketing agreements, Reporting and

recordkeeping requirements.

For the reasons set forth in the

preamble, 7 CFR part 900 is amended as

follows:

PART 900—GENERAL REGULATIONS

Accordingly, in part 900, immediately

following § 900.71, a new subpart is

added to read as follows:

Subpart—Supplemental Rules of Practice for

Marketing Orders, Marketing Agreements,

and Requirements Issued Pursuant to 7

U.S.C. 608b(b) and 7 U.S.C. 608e Covering

Fruits, Vegetables, and Nuts

Sec.

900.80 Words in the singular form.

900.81 Definitions.

900.82 Stipulation procedures.

Authority: 7 U.S.C. 601–674.

Subpart—Supplemental Rules of

Practice for Marketing Orders,

Marketing Agreements, and

Requirements Issued Pursuant to 7

U.S.C. 608b(b) and 7 U.S.C. 608e

Covering Fruits, Vegetables, and Nuts

§ 900.80 Words in the singular form.

Words in this subpart in the singular

form shall be deemed to import the

plural, and vice versa, as the case may

demand.

§ 900.81 Definitions.

As used in this subpart, the terms as

defined in the act shall apply with equal

force and effect. In addition, unless the

context otherwise requires:

(a) The term Act means Public Act No.

10, 73 Congress (48 Stat. 31) as amended

and as reenacted and amended by the
20718 Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Rules and Regulations

Agricultural Marketing Agreement Act

of 1937 (50 Stat. 246), as amended.

(b) The term Department means the

United States Department of

Agriculture.

(c) The term Secretary means the

Secretary of Agriculture of the United

States, or any officer or employee of the

Department to whom authority has

heretofore been delegated, or to whom

authority may hereafter be delegated, to

act in his stead.

(d) The term Administrator means the

Administrator of the Agricultural

Marketing Service, with power to

redelegate, or any officer or employee of

the Department to whom authority has

been delegated or may hereafter be

delegated to act in his stead.

(e) The term proceeding means a

proceeding before the Secretary arising

under sections 8a, 8b(b), 8c(14), 8e,

10(c) and 10(h).

(f) The term hearing means that part

of the proceeding which involves the

submission of evidence.

(g) The term marketing agreement

means any marketing agreement or any

amendment thereto which may be

entered into pursuant to section 8b of

the act.

(h) The term marketing order means

any order or any amendment thereto

which may be issued pursuant to

section 8c of the act, and after notice

and hearing as required by said section.

(i) The term handler means any

person who, by the terms of a marketing

order or marketing agreement, is subject

thereto, or to whom a marketing order

or marketing agreement is sought to be

made applicable.

(j) The term importer means any

person who, by the terms of section 8e

of the act, is subject thereto.

(k) The term person means any

individual, corporation, partnership,

association, or any other business unit.

§ 900.82 Stipulation procedures.

The Administrator, or the

Administrator’s representative, may, at

any time before the issuance of a

complaint seeking a civil penalty under

the Act, enter into a stipulation with

any handler or importer in accordance

with the following procedures:

(a) The Administrator, or the

Administrator’s representative, shall

give the handler or importer notice of

the alleged violation of the applicable

marketing order or marketing

agreement, or the requirements issued

pursuant to 7 U.S.C. 608b(b) and 7

U.S.C. 608e, and an opportunity for a

hearing thereon as provided by the Act;

(b) In agreeing to the proposed

stipulation, the handler or importer

expressly waives the opportunity for a

hearing and agrees to pay a specified

civil penalty within a designated time;

(c) The Administrator, or the

Administrator’s representative, agrees to

accept the specified civil penalty in

settlement of the particular matter

involved if it is paid within the

designated time;

(d) In cases where the handler or

importer does not pay the specified civil

penalty within the designated time, or

the handler or importer does not agree

to the stipulation, the Administrator

may issue an administrative complaint;

and

(e) The civil penalty that the

Administrator may have proposed in a

stipulation agreement shall have no

bearing on the civil penalty amount that

the Department may seek in a formal

administrative proceeding against the

same handler or importer for the same

alleged violation.

Dated: May 2, 1996.

Lon Hatamiya,

Administrator.

[FR Doc. 96–11461 Filed 5–7–96; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 979

[Docket No. FV96–979–1FIR]

Melons Grown in South Texas; Change

in Cantaloup Container Requirements

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 that

changed the container requirements for

cantaloups grown in South Texas under

Marketing Order No. 979 by increasing

the depth of cantaloup cartons from

103⁄8 to 113⁄8 inches. The South Texas

Melon Committee (committee), the

agency that locally administers the

marketing order for melons grown in

South Texas, unanimously

recommended this change. That change

allowed handlers to use deeper cartons

in shipping larger cantaloups. The use

of deeper cartons is expected to result

in less damage during packing and

shipment and foster buyer confidence.

The interim final rule also corrected

telephone area codes and removed outof-date handler assessment information.

EFFECTIVE DATE: June 7, 1996.

FOR FURTHER INFORMATION CONTACT:

Belinda G. Garza, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, 1313

East Hackberry, McAllen, TX 78501,

telephone 210–682–2833, FAX 210–

682–5942, or Robert F. Matthews,

Marketing Order Administration

Branch, Fruit and Vegetable Division,

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

2523–S, Washington, DC 20090–6456,

telephone 202–690–0464, FAX 202–

720–5698.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Agreement

No. 156 and Order No. 979 (7 CFR part

979) regulating the handling of melons

grown in South Texas, hereinafter

referred to as the ‘‘order.’’ 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 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 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 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 to

review the Secretary’s ruling on the

petition, provided an action is filed not

later than 20 days after the date of the

entry of the ruling.

Pursuant to the 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.

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.