31004 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

interstate, movement, and the sale of

these articles would not be affected by

this interim regulation.

Therefore, termination of the

quarantine in Los Angeles, Orange, and

San Bernardino Counties should have a

minimal economic effect on the small

entities operating there. We anticipate

that the economic impact of lifting the

quarantine, though positive, will be no

more significant than was the minimal

impact of its imposition.

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 12372

This program/activity is listed in the

Catalog of Federal Domestic Assistance

under No. 10.025, and is subject to

Executive Order 12372, which requires

intergovernmental consultation with

State and local officials. (See 7 CFR part

3015, subpart V.)

Executive Order 12778

This rule has been reviewed under

Executive Order 12778, Civil Justice

Reform. This rule: (1) Preempts all State

and 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.

Paperwork Reduction Act

This rule contains no new

information collection or recordkeeping

requirements under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.).

List of Subjects in 7 CFR Part 301

Agricultural commodities, Plant

diseases and pests, Quarantine,

Reporting and recordkeeping

requirements, Transportation.

Accordingly, 7 CFR part 301 is

amended as follows:

PART 301—DOMESTIC QUARANTINE

NOTICES

1. The authority citation for 7 CFR

part 301 continues to read as follows:

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

150ff, 161, 162, and 164–167; 7 CFR 2.22,

2.80, and 371.2(c).

2. In § 301.78–3, paragraph (c) is

revised to read as follows:

§ 301.78–3 Quarantined areas.

* * * * *

(c) The areas described below are

designated as quarantined areas:

Mediterranean fruit fly is not known to

exist in the continental United States.

Done in Washington, DC, this 14th day of

June 1996.

Lonnie L. King,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 96–15582 Filed 6–18–96; 8:45 am]

BILLING CODE 3410–34–P

Agricultural Marketing Service

7 CFR Parts 911 and 915

[Docket No. FV96–911–4IFR]

Limes and Avocados Grown in Florida;

Relaxation of Container Marking

Requirements

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This interim final rule relaxes

the container marking requirements for

limes and avocados packed under the

Federal marketing orders for limes and

avocados grown in Florida. This

relaxation reduces the number of lime

and avocado containers required to be

marked with the lot stamp number. This

rule reduces handling costs and

provides more flexibility in lime and

avocado packing operations.

DATES: Effective June 20, 1996;

comments received by July 19, 1996 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 in triplicate to the Docket Clerk,

Fruit and Vegetable Division, AMS,

USDA, room 2525–S, P.O. Box 96456,

Washington, DC 20090–6456, Fax #

(202) 720–5698. 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.

FOR FURTHER INFORMATION CONTACT:

Aleck Jonas, Marketing Specialist,

Southeast Marketing Field Office,

Marketing Order Administration

Branch, F&V, AMS, USDA, P.O. Box

2276, Winter Haven, Florida 33883;

telephone: (941) 299–4770; or Britthany

Beadle, Marketing Specialist, Marketing

Order Administration Branch, F&V,

AMS, USDA, room 2522–S, P.O. Box

96456, Washington, DC 20090–6456:

telephone: (202) 720–3923.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Order Nos.

911 and 915 (7 CFR parts 911 and 915),

as amended, regulating the handling of

limes and avocados grown in Florida,

hereinafter referred to as the ‘‘orders.’’

These orders 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

(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 date of the entry

of the ruling.

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.

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 10 handlers

of limes and 65 handlers of avocados

who are subject to regulation under the

respective marketing order and

approximately 40 lime and 100 avocado

producers in the regulated areas. Small

agricultural service firms are defined by

the Small Business Administration (13

CFR 121.601) as those having annual
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31005

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 and producers may be

classified as small entities.

Under the terms of the marketing

orders, fresh market shipments of

Florida limes and avocados are required

to be inspected and are subject to grade,

size, maturity, pack and container

requirements. Current requirements

include specifications that all

authorized containers of limes and

avocados shall be plainly marked with

a Federal-State Inspection lot stamp

number corresponding to the lot

inspection conducted by an authorized

inspector.

This rule changes the container

marking requirements currently issued

under the orders. This rule relaxes the

lot stamping requirements on containers

of limes and avocados that have been

palletized prior to block inspections.

The Florida Lime and Avocado

Administrative Committees

(committees), the agencies responsible

for local administration of the marketing

orders, met on March 13, 1996, and

recommended this action by unanimous

vote.

The marketing orders authorize under

§ 911.48 and § 915.51 the establishment

of container marking requirements.

Sections 911.311(b) and 915.306(a)(4)(5)

of the rules and regulations outline the

lot stamp number container marking

requirements for fresh limes and

avocados packed under the orders.

There are two basic types of

inspection in the industry; in-line and

block. In-line inspection is performed

during the packing process, prior to

palletization and storage. In block

inspection, the inspection occurs after

the pallets have been packed, strapped,

and placed in storage. Large handling

facilities tend to have inspectors on site

when they are packing. These facilities

use in-line inspection which allows the

containers to be lot stamped prior to

being palletized. Smaller handling

facilities do not run enough fruit to

justify the continuous presence of an

inspector. Therefore, they call for a

block inspection after a lot is run,

palletized and ready to ship. Requiring

the inspector to lot stamp each

container necessitates tearing down all

the pallets. This results in significant

cost and loss of time.

The committees recommended

relaxing the number of containers

required to be marked with the lot

stamp number to assist small handlers.

This relaxation revises the lot stamping

requirements for containers that have

been palletized prior to inspection.

Under this change, all exterior, exposed

boxes, on all four sides of a pallet, will

be lot stamped, rather than each box.

The committees anticipate that this

recommended relaxation would avoid

prohibitive costs to small handlers.

Less than 25 percent of all lime and

avocado shipments are shipped by small

packing houses using block inspection.

Under this revised procedure, most of

the containers they pack would be lot

stamp numbered. The center tiers of

randomly selected pallets are inspected

by the Federal-State Inspection Service

for all marketing order requirements.

The committees’ recommendation to

relax the container marking requirement

would not lower the number of

containers being inspected.

Several other alternatives were

suggested during the public meeting.

One alternative discussed by the

committees was to require all containers

to continue to be lot stamp numbered.

Maintaining the requirement for lot

stamp numbers to be placed on all

containers would not address the

burden placed on small handlers. That

burden includes higher handler labor

costs, slower handler operations,

increased handler restrapping costs, as

well as increased inspection costs. It

was the consensus of the committees

that the current requirement is cost

prohibitive as each block-inspected

pallet needs to be manually pulled apart

to enable the lot stamp number to be

placed on the center tier containers.

Another alternative suggested was to

eliminate the block-inspection method

and require all handlers to use the inline inspection method. During in-line

inspection, containers would be

stamped with the lot stamp number

prior to being stacked on the pallet. This

would have a serious financial impact

on the industry, especially among small

handlers, due to a large increase in

inspection costs. This suggestion was

unacceptable to the industry as it would

be cost prohibitive and could force

small handlers out of business.

This rule relaxes the lot stamping

requirements on containers of limes and

avocados that have been palletized prior

to block inspection. Smaller handling

facilities are the primary users of block

inspection and will benefit from the cost

savings of this relaxation. Therefore, the

AMS has determined that this action

will not have a significant economic

impact on a substantial number of small

entities.

Section 8(e) of the Act requires that

whenever grade, size, quality or

maturity requirements are in effect for

certain commodities under a domestic

marketing order, including limes and

avocados, imports of that commodity

must meet the same or comparable

requirements. This rule changes the

container marking requirements

currently issued under the orders.

Therefore, no change is necessary in the

lime and avocado import regulations as

a result of this action to relax the lot

stamp number requirement.

After consideration of all relevant

material presented, including the

committees’ recommendation, and other

available 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,

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) Handlers are currently

shipping limes and avocados; (2) the

committees unanimously recommended

this rule at public meetings and all

interested persons had an opportunity

to provide input; (3) this rule relaxes

container marking requirements; (4)

Florida lime and avocado handlers are

aware of this rule and need no

additional time to comply with the

relaxed requirements; and (5) this rule

provides a 30-day comment period and

any comments received will be

considered prior to finalization of this

rule.

List of Subjects

7 CFR Part 911

Marketing agreements, Limes,

Reporting and recordkeeping

requirements.

7 CFR Part 915

Marketing agreements, Avocados,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR Parts 911 and 915 are

amended as follows:

1. The authority citation for both 7

CFR parts 911 and 915 continues to read

as follows:

Authority: 7 U.S.C. 601–674.

PART 911—LIMES GROWN IN

FLORIDA

2. Section 911.311 is amended by

revising paragraph (b) to read as follows:

§ 911.311 Florida lime pack and container

marking regulation.

* * * * *

(b) No handler shall handle any limes

grown in the production area in any
31006 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

container specified in § 911.329 unless

such container is marked with a

Federal-State Inspection Service lot

stamp number showing that the limes

have been inspected in accordance with

regulations issued under § 911.48 of the

marketing order: Provided, That when

inspection occurs after palletization,

only all exposed or outside containers of

limes must be plainly marked with the

lot stamp number corresponding to the

lot inspection conducted by an

authorized inspector.

* * * * *

PART 915—AVOCADOS GROWN IN

SOUTH FLORIDA

3. In § 915.306, paragraph (a)(4) is

revised to read as follows:

§ 915.306 Florida avocado grade, pack,

and container marking regulation.

(a) * * *

(4) Such avocados are in containers

marked with a Federal-State Inspection

Service lot stamp number, when

handled in containers authorized under

§ 915.305: Provided, That when

inspection occurs after palletization,

only all exposed or outside containers of

avocados must be plainly marked with

the lot stamp number corresponding to

the lot inspection conducted by an

authorized inspector.

* * * * *

Dated: June 13, 1996.

Sharon Bomer Lauritsen,

Acting Director, Fruit and Vegetable Division.

[FR Doc. 96–15627 Filed 6–18–96; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Parts 916 and 917

[Docket No. FV95–916–4C]

Nectarines and Peaches Grown in

California; Revision of Handling

Requirements for Fresh Nectarines

and Peaches

AGENCY: Agriculutural Marketing

Service, USDA.

ACTION: Interim final rule; correction.

SUMMARY: This document contains a

correction to the interim final rule

published on March 27, 1996,

concerning nectarines and peaches

grown in California.

EFFECTIVE DATE: April 1, 1996.

FOR FURTHER INFORMATION CONTACT:

Kenneth Johnson, 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) 720–2861; or Terry

Vawter, Marketing Specialist, California

Marketing Field Office, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, 2202

Monterey Street, Suite 102B, Fresno,

California, 93721; telephone: (209) 487–

5901.

SUPPLEMENTARY INFORMATION:

Background

This rule revises handling

requirements for California nectarines

and peaches under Marketing Orders

916 and 917 for the 1996 season. This

interim final rule enables handlers to

continue shipping fresh nectarines and

peaches meeting consumer needs in the

interest of producers, handlers, and

consumers of these fruits.

Need for Correction

In the interim final rule, FR Doc. 96–

7438, published March 27, 1996, the

Royal Glo nectarine variety was

inadvertently placed under the incorrect

minimum size requirement and is in

need of correction.

Correction of Publication

Accordingly, in FR Doc. 96–7438,

page 13392, first column, the words

‘‘Royal Glo’’, are removed from

§ 916.356(a)(6) and added to

§ 916.356(a)(4) immediately following

the words ‘‘Rose Diamond.’’

Dated: June 12, 1996.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 96–15519 Filed 6–18–96; 8:45 am]

BILLING CODE 3410–02–M

7 CFR Part 946

[FV96–946–1FR]

Irish Potatoes Grown in Washington;

Modification of the Minimum Size

Requirements

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This final rule reduces the

minimum diameter requirement from 2–

1/8 inches to 2 inches for Russet type

varieties of Washington potatoes

shipped during the July 15 through

August 31 period each season. Potato

varieties currently being grown for

shipment during this period are similar

in shape to those grown for marketing

during the balance of the season.

Reducing the minimum diameter

recognizes this similarity and enables

handlers to market a larger portion of

the crop in fresh outlets. This change

should improve the marketing of

Washington potatoes and increase

returns to producers as well as provide

consumers with increased supplies of

potatoes.

EFFECTIVE DATE: July 15, 1996.

FOR FURTHER INFORMATION CONTACT:

Dennis L. West, Northwest Marketing

Field Office, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, 1220

SW Third Avenue, room 369, Portland,

Oregon 97204–2807; telephone: (503)

326–2724 or FAX (503) 326–7440; or

Robert F. Matthews, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, P.O.

Box 96456, room 2523–S, Washington,

D.C. 20090–6456; telephone: (202) 690–

0464 or FAX (202) 720–5698.

SUPPLEMENTARY INFORMATION: This final

rule is issued under Marketing

Agreement No. 113 and Marketing

Order No. 946 (7 CFR part 946), both as

amended, regulating the handling of

Irish potatoes grown in Washington,

hereinafter referred to as the ‘‘order.’’

The order is authorized by the

Agricultural Marketing Agreement Act

of 1937, as amended, (7 U.S.C. 601–

674), hereinafter referred to as the

‘‘Act.’’ The State of Washington Potato

Committee (Committee) is the agency

responsible for local administration of

the marketing order program in the

designated production area.

The Department of Agriculture

(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 is not intended

to have retroactive effect. 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 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 will 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