Proposed Rule2022-13934
Amendments to the Marketing Order for Oranges, Grapefruit, Tangerines, and Pummelos Grown in Florida
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Published
June 30, 2022
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
This rulemaking invites comments on proposed amendments to Marketing Order 905, which regulates the handling of oranges, grapefruit, tangerines, and pummelos grown in Florida. Proposed amendments reduce the size of the Committee and quorum requirements, revise the nomination and selection processes, remove the requirement of allocating committee seats on the basis of volume from each district, and add a new section to provide the Committee authority to receive voluntary contributions for promotion and research projects. Other concurring changes to align the marketing order with proposed amendments were also recommended.
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[Federal Register Volume 87, Number 125 (Thursday, June 30, 2022)]
[Proposed Rules]
[Pages 39003-39008]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13934]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 87, No. 125 / Thursday, June 30, 2022 /
Proposed Rules
[[Page 39003]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 905
[Doc. No.: AMS-SC-21-0054]
Amendments to the Marketing Order for Oranges, Grapefruit,
Tangerines, and Pummelos Grown in Florida
AGENCY: Agricultural Marketing Service, Agriculture (USDA).
ACTION: Proposed rule.
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SUMMARY: This rulemaking invites comments on proposed amendments to
Marketing Order 905, which regulates the handling of oranges,
grapefruit, tangerines, and pummelos grown in Florida. Proposed
amendments reduce the size of the Committee and quorum requirements,
revise the nomination and selection processes, remove the requirement
of allocating committee seats on the basis of volume from each
district, and add a new section to provide the Committee authority to
receive voluntary contributions for promotion and research projects.
Other concurring changes to align the marketing order with proposed
amendments were also recommended.
DATES: Comments received by August 29, 2022 will be considered prior to
issuance of a final rule.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposed rule. Comments must be submitted to the Docket
Clerk electronically by Email: <a href="/cdn-cgi/l/email-protection#723f13001917061b1c153d00161700311d1f1f171c0632070116135c151d04"><span class="__cf_email__" data-cfemail="88c5e9fae3edfce1e6efc7faecedfacbe7e5e5ede6fcc8fdfbece9a6efe7fe">[email protected]</span></a> or
internet: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. All comments should reference
the document number and the date and page number of this issue of the
Federal Register and can be viewed at: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. All
comments submitted in response to this proposal will be included in the
record and will be made available to the public. Please be advised that
the identity of the individuals or entities submitting the comments
will be made public on the internet at the address provided above.
FOR FURTHER INFORMATION CONTACT: Geronimo Quinones, Marketing
Specialist, or Matthew Pavone, Chief, Rulemaking Services Branch,
Market Development Division, Specialty Crops Program, AMS, USDA, 1400
Independence Avenue SW, Stop 0237, Washington, DC 20250-0237;
Telephone: (202) 720-2491, or Email: <a href="/cdn-cgi/l/email-protection#f2b597809d9c9b9f9ddc83879b9c9d9c9781b287819693dc959d84"><span class="__cf_email__" data-cfemail="ebac8e998485828684c59a9e828584858e98ab9e988f8ac58c849d">[email protected]</span></a> or
<a href="/cdn-cgi/l/email-protection#93def2e7e7fbf6e4bde3f2e5fcfdf6d3e6e0f7f2bdf4fce5"><span class="__cf_email__" data-cfemail="85c8e4f1f1ede0f2abf5e4f3eaebe0c5f0f6e1e4abe2eaf3">[email protected]</span></a>.
Small businesses may request information on complying with this
regulation by contacting Richard Lower, Market Development Division,
Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, Stop
0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, or Email:
<a href="/cdn-cgi/l/email-protection#97c5fef4fff6e5f3b9dbf8e0f2e5d7e2e4f3f6b9f0f8e1"><span class="__cf_email__" data-cfemail="df8db6bcb7beadbbf193b0a8baad9faaacbbbef1b8b0a9">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553,
proposes amendments to regulations issued to carry out a marketing
order as defined in 7 CFR 900.2(j). This proposal is issued under
Marketing Order No. 905, as amended (7 CFR part 905), regulating the
handling of oranges, grapefruit, tangerines, and pummelos grown in
Florida. Part 905 (referred to as 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 Committee locally
administers the Order and is comprised of citrus producers and shippers
operating within the area of production, and a non-industry member.
Section 8c(17) of the Act (7 U.S.C. 608c(17)) and the applicable
rules of practice and procedure governing the formulation of marketing
agreements and orders (7 CFR part 900) authorize amendment of the Order
through this informal rulemaking action. The Agricultural Marketing
Service (AMS) will consider comments received in response to this
proposed rule, and based on all the information available, will
determine if the Order amendment is warranted. If AMS determines
amendment of the Order is warranted, a subsequent proposed rule and
notice of referendum would be issued, and producers would be allowed to
vote for or against the proposed amendments. AMS would then issue a
final rule effectuating any amendments approved by producers in the
referendum.
AMS is issuing this proposed rule in conformance with Executive
Orders 12866 and 13563. Executive Orders 12866 and 13563 direct
agencies to assess all costs and benefits of available regulatory
alternatives and, if regulation is necessary, to select regulatory
approaches that maximize net benefits (including potential economic,
environmental, public health and safety effects, distributive impacts,
and equity). Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, reducing costs, harmonizing rules,
and promoting flexibility. This action falls within a category of
regulatory actions that the Office of Management and Budget (OMB)
exempted from Executive Order 12866 review.
In addition, this proposed rule has been reviewed under Executive
Order 13175--Consultation and Coordination with Indian Tribal
Governments, which requires agencies to consider whether their
rulemaking actions would have tribal implications. AMS has determined
this proposed rule is unlikely to have substantial direct effects on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
This proposal has also been reviewed under Executive Order 12988,
Civil Justice Reform. This rule is not intended to have retroactive
effect. This rule shall not be deemed to preclude, preempt, or
supersede any State program covering oranges, grapefruit, tangerines,
and pummelos grown in Florida.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 8c(15)(A) of the
Act (7 U.S.C. 608 (15)(A)), any handler subject to an order may file
with the U.S. Department of Agriculture (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
[[Page 39004]]
or her principal place of business, has jurisdiction to review USDA's
ruling on the petition, provided an action is filed no later than 20
days after the date of entry of the ruling.
Section 1504 of the Food, Conservation, and Energy Act of 2008
(2008 Farm Bill) (Pub. L. 110-246) amended section 8c(17) of the Act,
which in turn required the addition of supplemental rules of practice
to 7 CFR part 900 (73 FR 49307; August 21, 2008). The amendment of
section 8c(17) of the Act and the supplemental rules of practice
authorize the use of informal rulemaking (5 U.S.C. 553) to amend
Federal fruit, vegetable, and nut marketing agreements and orders. AMS
may use informal rulemaking to amend marketing orders depending upon
the nature and complexity of the proposed amendments, the potential
regulatory and economic impacts on affected entities, and any other
relevant matters.
AMS has considered these factors and has determined that the
amendments proposed herein are not unduly complex and the nature of the
proposed amendments is appropriate for utilizing the informal
rulemaking process to amend the Order. A discussion of the potential
regulatory and economic impacts on affected entities is discussed later
in the ``Initial Regulatory Flexibility Analysis'' section of this
proposed rule.
The Committee unanimously recommended the amendments following
deliberations at a public meeting held on November 19, 2020. The
proposals would reduce the size of the Committee and quorum
requirements, revise the nomination and selection processes, eliminate
the requirement of allocating Committee seats on the basis of volume
from each district, and add a new section to provide the Committee
authority to receive voluntary contributions for promotion/research
projects. Other concurring changes to align the marketing order with
the proposed amendments were also recommended.
Proposal 1--Reduce Committee Size
Section 905.19 currently provides that the Committee consists of at
least eight but not more than nine grower members, and eight shipper
members. A designation between grower and shipper members on the
Committee is also provided in Sec. 905.19.
This proposal would amend Sec. 905.19 by reducing the size of the
Committee from at least eight but not more than nine grower members,
and eight shipper members, to 10 grower members. The Committee would be
grower-based, consisting of 10 members and 10 alternate members, which
would eliminate the designation of shipper members. The grower members
would be producers who produce within the district for which they are
nominated and selected to represent. The proposed revisions would allow
grower members to also be shippers or employees of shippers, which is
limited under the current regulations. However, the Committee may
establish alternative qualifications for such grower members with
approval of the Secretary. The option to increase the Committee by one
non-industry member nominated by the Committee and selected by the
Secretary would remain unchanged.
Section 905.14 currently provides that the Committee can redefine
the districts, reapportion or change the grower membership of
districts, or both, provided that Committee membership consists of at
least eight but not more than nine grower members.
This proposal would amend Sec. 905.14 by revising the reference to
total number of member seats from at least eight but not more than nine
grower members, to 10 grower members. This change would align this
section with the proposed new Committee size.
Section 905.20 provides that members and their alternates serve a
2-year term of office, but that has not included non-industry members
due to the current Sec. 905.150(d). This proposal would align the
terms of office for all members by removing language from Sec.
905.150(d), which created a 1-year term of office for non-industry
members and replacing it with language specifying a 2-year term of
office for non-industry members.
Since promulgation of the Order in 1957, the Florida citrus
industry has undergone consolidation and crop loss. Increasing labor
costs, real estate pressures, and citrus greening have been
contributing factors. Current industry structure shows there are few
growers who are not affiliated with handlers and most of the handlers
are also growers. Total citrus acreage is about half of what it was at
its peak production and has declined 22 percent from 2010 to 2020. Not
distinguishing between grower and shipper members and decreasing the
Committee's size to 10 members and 10 alternate members would make
Committee membership more reflective of today's industry. The Committee
would be able to fill all its member positions with less difficulty.
Aligning the term of the public member to the same 2-year term as the
rest of the Committee will also improve efficiency and the
effectiveness of the position. A 2-year term will help ensure that the
public member can contribute to the work of the Committee at a higher
level.
Proposal 2--Revise Nomination and Selection Process
For grower members, Sec. 905.22 currently provides that, on even
numbered years, nominees for open grower member and alternate member
positions shall be chosen by ballot. In support of this nomination
process, Sec. 905.22(a) further provides that the Committee will
publicly announce and hold grower meetings no later than June 10 to
make those nominations. The nominees chosen in this manner, along with
the vote certification and any other information requested, will be
submitted by the secretary and chairman of each grower-meeting to the
USDA Secretary of Agriculture (Secretary) on or before June 20. At
least two of the grower-nominees and their alternates will be
affiliated with a bona fide cooperative marketing organization. Section
905.22(b) outlines the process for nominating shipper members and their
alternates.
This proposal would amend Sec. 905.22 by removing the designation
of shipper members. Section 905.22(a)(1) would be revised by changing
the deadline for Committee nominees from June 10 to April 10, and the
deadline for presenting nominees for selection to the Secretary from
June 20 to April 20. A revision to Sec. 905.22(a)(2) would add
language to clarify that grower members are producers who may also be
shippers or who are also employees of shippers. The requirement that at
least two of the grower nominees and their alternates be affiliated
with a bona fide cooperative marketing organization would be changed to
one grower nominee and their alternate.
Section 905.23 currently provides that the Secretary will select
members and alternate members from each district. The grower
nominations will be made from qualified persons and at least two
members and their alternates shall be affiliated with bona fide
cooperative marketing organizations. Furthermore, the Secretary shall
select at least two shipper members and their alternates to represent
bona fide cooperative marketing organizations of handlers. The
remaining shipper members and their alternates represent handlers who
are not affiliated. Section 905.29 currently provides that when a
member and that member's alternate are unable to attend a meeting, any
alternate designated by the member or Committee to act in his or her
stead for that meeting must represent the same affiliation as the
member.
Section 905.23 would be amended by removing the allocation of
Committee seats by district from the selection
[[Page 39005]]
process. Proposed changes to Sec. 905.29 would eliminate the
requirement that any person designated to serve on the Committee in the
absence of a member and his or her alternate represent the same group
affiliation as the absent member and alternate. This would not apply to
the public member.
Currently there are three districts. A nomination meeting is
scheduled in each district for growers and shippers. Votes are cast by
each respective district for each member type and the corresponding
alternate. Growers participate in the nomination process for grower
members and alternates, while shippers participate in the nomination
process for shippers and their alternates. Alternates must meet the
same requirements of the member, which further complicates finding
suitable candidates for nomination. Because handlers crisscross the
state buying fruit, the differentiation of districts no longer serves a
practical purpose since all but one shipper sources fruit from multiple
districts. With the current shrinking of the industry and the number of
growers and shippers working as both, eliminating the distinction
between growers and shippers will make it easier to facilitate the
nomination and selection process and better reflect the current
industry.
Proposal 3--Revise Quorum Requirements
Currently, Sec. 905.34 states that 10 members of the Committee
shall constitute a quorum, and any action of the committee shall
require at least 10 concurring votes. Five of those concurring votes
must be grower votes. It also states that the Committee may provide for
meeting by telephone, telegraph, or other means of communication.
This proposal would modify Sec. 905.34 to allow seven members to
constitute a quorum, with six concurring votes required to pass any
motion or approve any Committee action. Finally, a small change would
eliminate ``telegraph'' as a valid means of communication.
The Committee is experiencing difficulties obtaining a quorum at
meetings to conduct business activities. Many industry members are
fulfilling multiple roles. Reductions in staff due to rising
operational costs has made it difficult for smaller growers and
handlers to leave their businesses to participate in meetings. These
factors are making it more difficult to fill the seats on the
Committee. Adjusting the current requirements would enable the
Committee to operate fully and reduce the risk of not establishing a
quorum during scheduled meetings or not having the required votes to
pass any action. These changes would help to increase the Committee's
effectiveness.
Proposal 4--Authority To Accept Voluntary Contributions From Domestic
Sources
Section 905.54 of the Order authorizes the Committee, with the
approval of the Secretary, to establish research, marketing, and
promotional projects. This proposal would add a new Sec. 905.43 to
provide the Committee with authority to receive voluntary contributions
from domestic sources to fund promotional and research projects. Any
contributions made to the Committee will be free from any encumbrances
by the donor and the Committee will retain complete control of their
use.
Presently, research and promotional activities are administered by
the Florida Department of Citrus, which is a state agency. Such
projects are generally funded by grower assessments through the Florida
Department of Citrus and are administered by the Florida Citrus
Commission. At the Committee's request, research and promotional
authority was added to the Order in 2009 (74 FR 46303) to ensure that a
mechanism exists for the Committee to conduct those activities. Such
activities are paid by assessments authorized by the Order.
Consequently, increases to the assessment rate may be needed if the
Committee desires to increase its research or promotional activities.
Furthermore, while it is expected that the state agency will continue
to exist and offer these services, should the agency close, the
Committee could ensure that fresh citrus research continues. The
Committee believes that the ability to receive voluntary contributions
toward such projects, may eliminate the need to use or increase the
assessment rate, thereby minimizing financial pressure on producers.
Contributions would be used for more research and promotional
activities that would benefit the entire industry.
The following concurring changes would also be made to align the
Order with the above amendments:
Section 905.114 would be revised to create a single district, down
from the current number of three. Florida Citrus acreage has declined
from approximately 900,000 acres to approximately 435,000 acres. As
previously discussed in Proposal #1, because of the effects of citrus
greening, handlers must access fruit from statewide sources. Currently,
only one handler packs fruit exclusively from its own district, while
all other handlers access fruit from all districts and production
areas. The changes to Sec. 905.114 would create one statewide
district, better reflecting current industry structure and practices.
Section 905.120 would be revised to eliminate any reference to
handlers as a distinct class for purposes of nominations, since such
designations will no longer be relevant to the process. The volume vote
for shipper nominations and shipper designations would also be
eliminated from Sec. 905.120. By eliminating the volume vote, the
Committee expects this would provide small growers greater opportunity
and representation moving forward.
Finally, changes to Sec. 905.150 would remove reference of the
public member serving a 1-year term. This would align the public member
with all members and their alternates, which serve a 2-year term of
office.
Initial Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601-612), the AMS has considered the economic
impact of this proposed rule 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
businesses subject to such actions so that small businesses will not be
unduly or disproportionately burdened.
Small agricultural producers of orange groves have been defined by
the Small Business Administration (SBA) (13 CFR 121.201) as those
having annual receipts of no more than $3,500,000. Small agricultural
service firms (handlers) are defined as those with annual receipts of
no more than $30,000,000.
The proposed amendments to the Order would reduce the Committee's
size and quorum requirements, revise nomination and selection
processes, eliminate the requirement to allocate Committee seats based
on volume from each district, and add a new section authorizing the
Committee to receive domestically sourced voluntary contributions and
grant funds for promotion/research projects. These amendments are
necessary to reflect the industry's current structure and size. Since
the promulgation of the marketing order in 1957, the Florida citrus
industry has undergone consolidation and crop reduction. The current
districts are not relevant because handlers routinely source fruit from
across the State. As a result, it has become difficult for the
Committee to fill the member seats and obtain a quorum to conduct
business activities. The proposals would align the
[[Page 39006]]
Committee with the industry's current size and structure. Authority to
accept voluntary contributions from domestic sources would allow the
Committee to collaborate with other organizations for research and
promotional activities.
There are approximately 15 handlers of Florida citrus who are
subject to regulation under the Order and approximately 500 citrus
producers in the regulated area. Small agricultural service firms are
defined by the Small Business Administration (SBA) as those having
annual receipts of less than $30,000,000, and small agricultural
producers of orange groves are defined as those having annual receipts
of less than $3,500,000 (13 CFR 121.201).
According to data from the National Agricultural Statistics Service
(NASS) and the Citrus Administrative Committee, the weighted average
packing house door equivalent price for fresh Florida citrus for the
2020-21 season was approximately $6.52 per carton with total shipments
of around 6,022,426 cartons. Based on this information, the majority of
handlers have average annual receipts of less than $30,000,000 ($6.52
times 6,022,426 cartons equals $39,266,217.52 divided by 15 handlers
equals $2,617,747.83 per handler).
In addition, based on the NASS data, the weighted average grower
price for the 2020-21 season was estimated at $4.95 per carton of fresh
citrus. Based on grower price, shipment data, and the total number of
Florida citrus growers, the average annual grower revenue is below
$3,500,000 ($4.95 times 6,022,426 million cartons equals
$29,811,008.70; divided by 500 growers equals $59,622.02 per grower).
Thus, the majority of Florida citrus handlers and growers may be
classified as small entities.
AMS has determined that the proposed amendments would not have a
significant impact on a substantial number of small businesses. Rather,
large and small entities alike would be expected to benefit from the
Committee's improved ability to address important issues of interest to
all on a timely basis. The proposed reduction in the number of seats on
the Committee, and the reduced quorum and voting requirements, would
not require any significant changes in producer or handler business
operations, and no significant industry educational effort would be
needed. Producers and handlers, large and small alike, would incur no
additional costs. No small businesses would be unduly or
disproportionately burdened as a result of this proposal going into
effect.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), the Order's information collection requirements have been
previously approved by OMB and assigned OMB No. 0581-0189, Fruit Crops.
No changes in those requirements are necessary because of this action.
Should any changes become necessary, they would be submitted to OMB for
approval.
This proposed rule would impose no additional reporting or
recordkeeping requirements on either small or large Florida citrus
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. AMS has not
identified any relevant Federal rules that duplicate, overlap, or
conflict with this rulemaking.
AMS is committed to complying with the E-Government Act, to promote
the use of the internet and other information technologies to provide
increased opportunities for citizen access to Government information
and services, and for other purposes.
The November 19, 2020, Committee meeting was widely publicized
throughout the production area. Meetings are held virtually or in a
hybrid style. Participants both large and small, have a choice whether
to attend in person or virtually and can participate in the Committee's
deliberations on all issues.
Interested persons are invited to submit comments on the proposed
amendments to the Order, including comments on the regulatory and
information collection impacts of this action on small businesses.
Following analysis of any comments received on the amendments in
this proposed rule, AMS will evaluate all available information and
determine whether to proceed. If appropriate, a proposed rule and
notice of referendum would be issued, and producers would be provided
the opportunity to vote for or against the proposed amendments.
Information about the referendum, including dates and voter eligibility
requirements, would be published in a future issue of the Federal
Register. A final rule would then be issued to effectuate any
amendments favored by producers participating in the referendum.
A small business guide on complying with fruit, vegetable, and
specialty crop marketing agreements and orders may be viewed at:
<a href="https://www.ams.usda.gov/rules-regulations/moa/small-businesses">https://www.ams.usda.gov/rules-regulations/moa/small-businesses</a>. Any
questions about the compliance guide should be sent to Richard Lower at
the previously mentioned address in the FOR FURTHER INFORMATION CONTACT
section.
General Findings
The findings hereinafter set forth are supplementary to the
findings and determinations, which were previously made in connection
with the issuance of Marketing Order 905; and all said previous
findings and determinations are hereby ratified and affirmed, except
insofar as such findings and determinations may be in conflict with the
findings and determinations set forth herein.
1. Marketing Order 905 as hereby proposed to be amended and all the
terms and conditions thereof, would tend to effectuate the declared
policy of the Act;
2. Marketing Order 905 as hereby proposed to be amended regulates
the handling of oranges, grapefruit, tangerines, and pummelos grown in
Florida and is applicable only to persons in the respective classes of
commercial and industrial activity specified in the Order;
3. Marketing Order 905 as hereby proposed to be amended is limited
in application to the smallest regional production area which is
practicable, consistent with carrying out the declared policy of the
Act, and the issuance of several marketing orders applicable to
subdivisions of the production area would not effectively carry out the
declared policy of the Act;
4. Marketing Order 905 as hereby proposed to be amended prescribes,
insofar as practicable, such different terms applicable to different
parts of the production area as are necessary to give due recognition
to the differences in the production and marketing of oranges,
grapefruit, tangerines, and pummelos produced or packed in the
production area; and
5. All handling of oranges, grapefruit, tangerines, and pummelos
produced or packed in the production area as defined in Marketing Order
905 is in the current of interstate or foreign commerce or directly
burdens, obstructs, or affects such commerce.
A 60-day comment period is provided to allow interested persons to
respond to these proposals. Any comments received on the amendments
proposed in this rulemaking will be analyzed, and if AMS determines to
proceed based on all the information presented, a producer referendum
would be conducted to determine producer support for the proposed
amendments. If appropriate, a final rule would then
[[Page 39007]]
be issued to effectuate the amendments favored by producers
participating in the referendum.
List of Subjects in 7 CFR Part 905
Grapefruit, Marketing agreements, Oranges, Pummelos, Reporting and
recordkeeping requirements, Tangelos, Tangerines.
For the reasons set forth in the preamble, the Agricultural
Marketing Service proposes to amend 7 CFR part 905 as follows:
PART 905--ORANGES, GRAPEFRUIT, TANGERINES, AND PUMMELOS GROWN IN
FLORIDA
0
1. The authority citation for 7 CFR part 905 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
0
2. Amend Sec. 905.14 by revising paragraph (a) introductory text to
read as follows:
Sec. 905.14 Redistricting.
(a) The Committee may, with the approval of the Secretary, redefine
the districts into which the production area is divided or reapportion
or otherwise change the grower membership of districts, or both:
Provided, That the membership shall consist of 10 grower members, and
any such change shall be based, insofar as practicable, upon the
respective averages for the immediately preceding three fiscal periods
of:
* * * * *
0
3. Amend Sec. 905.19 by revising paragraph (a) to read as follows:
Sec. 905.19 Establishment and membership.
(a) There is hereby established a Citrus Administrative Committee
consisting of 10 grower members. Grower members shall be producers who
produce within the district for which they are nominated and selected
to represent. Grower members may be persons who, in addition to being
producers, are shippers or employees of shippers: Provided, that the
committee, with the approval of the Secretary, may establish
alternative qualifications for such grower members. The committee may
be increased by one non-industry member nominated by the committee and
selected by the Secretary. The committee, with approval of the
Secretary, shall prescribe qualifications, term of office, and the
procedure for nominating the non-industry member.
* * * * *
0
4. Revise Sec. 905.22 to read as follows:
Sec. 905.22 Nominations.
(a)(1) The Committee shall give public notice of a meeting of
producers in each district, to be held not later than April 10th of
even-numbered years, for the purpose of making nominations for grower
members and alternate grower members. The Committee, with the approval
of the Secretary, shall prescribe uniform rules to govern such meetings
and the balloting thereat. The chairman of each meeting shall publicly
announce at such meeting the names of the persons nominated, and the
chairman and secretary of each such meeting shall transmit to the
Secretary their certification as to the number of votes so cast, the
names of the persons nominated, and such other information as the
Secretary may request. All nominations shall be submitted to the
Secretary on or before the 20th day of April.
(2) Each nominee shall be a producer in the district from which he
or she is nominated. In voting for nominees, each producer shall be
entitled to cast one vote for each nominee in each of the districts in
which he or she is a producer. At least one of the nominees and their
alternates so nominated shall be affiliated with a bona fide
cooperative marketing organization.
(b) Notwithstanding the provisions of paragraph (a) of this
section, nomination and election of members and alternate members to
the Committee may be conducted by mail, electronic mail, or other means
according to rules and regulations recommended by the Committee and
approved by the Secretary.
0
5. Revise Sec. 905.23 to read as follows:
Sec. 905.23 Selection.
From the nominations made pursuant to Sec. 905.22(a) or from other
qualified persons, the Secretary shall select 10 members and 10
alternates. At least one such member and their alternate shall be
affiliated with a bona fide cooperative marketing organization.
0
6. Amend Sec. 905.29 by revising paragraph (b) to read as follows:
Sec. 905.29 Inability of members to serve.
* * * * *
(b) If both a member and his or her respective alternate are unable
to attend a committee meeting, such member may designate another
alternate to act in his or her place in order to obtain a quorum. If
the member is unable to designate such an alternate, the committee
members present may designate such alternate.
* * * * *
0
7. Amend Sec. 905.34 by revising paragraphs (a) through (c) to read as
follows:
Sec. 905.34 Procedure of committees.
(a) Seven members of the committee shall constitute a quorum.
(b) For any decision or recommendation of the Committee to be
valid, six concurring votes shall be necessary: Provided, that the
Committee may recommend a regulation restricting the shipment of
grapefruit grown in Regulation Area I or Regulation Area II which meets
the requirements of the Improved No. 2 grade or the Improved No. 2
Bright grade only upon the affirmative vote of a majority of its
members present from the regulation area in which such restriction
would apply; and whenever a meeting to consider a recommendation for
release of such grade is requested by a majority of the members from
the affected area, the committee shall hold a meeting within a
reasonable length of time for the purpose of considering such a
recommendation. If after such consideration the requesting area
majority present continues to favor such release for their area, the
request shall be considered a valid recommendation and transmitted to
the Secretary. The votes of each member cast for or against any
recommendation made pursuant to this subpart shall be duly recorded.
Whenever an assembled meeting is held each member must vote in person.
(c) The committee may provide for meeting by telephone, or other
means of communication, and any vote cast at such a meeting shall be
promptly confirmed in writing: Provided, that if any assembled meeting
is held, all votes shall be cast in person.
* * * * *
0
8. Add Sec. 905.43 to read as follows:
Sec. 905.43 Contributions.
The Committee may accept voluntary contributions. Such
contributions shall be free from any encumbrances by the donor and the
Committee shall retain complete control of their use.
0
9. Revise Sec. 905.80 to read as follows:
Sec. 905.80 Fruit not subject to regulation.
(a) Except as otherwise provided in this section, any person may,
without regard to the provisions of Sec. Sec. 905.52 and 905.53 and
the regulations issued under Sec. Sec. 905.52 and 905.53, ship any
variety for the following purposes:
(1) To a charitable institution for consumption by such
institution;
(2) To a relief agency for distribution by such agency;
(3) To a commercial processor for conversion by such processor into
canned or frozen products or into a beverage base;
(4) By U.S. Mail or private courier; or
[[Page 39008]]
(5) In such minimum quantities, types of shipments, or for such
purposes as the Committee with the approval of the Secretary may
specify.
(b) No assessment shall be levied on fruit shipped under paragraph
(a) of this section.
(c) The Committee shall, with the approval of the Secretary,
prescribe such rules, regulations, or safeguards as it may deem
necessary to prevent varieties handled under the provisions of this
section from entering channels of trade for other than the purposes
authorized by this section. Such rules, regulations, and safeguards may
include the requirements that handlers shall file applications with the
committee for authorization to handle a variety pursuant to this
section, and that such applications be accompanied by a certification
by the intended purchaser or receiver that the variety will not be used
for any purpose not authorized by this section.
0
10. Revise Sec. 905.114 to read as follows:
Sec. 905.114 Redistricting of citrus districts and reapportionment of
grower members.
Pursuant to Sec. 905.14, the citrus districts and membership
allotted each district shall be as follows: Citrus District One shall
include that portion of the State of Florida, which is bounded by the
Suwannee River, the Georgia border, the Atlantic Ocean, and the Gulf of
Mexico. This district shall have 10 members and 10 alternates.
0
11. Amend Sec. 905.120 by:
0
a. Revising paragraphs (d) and (e).
0
b. Removing paragraphs (f) and (g).
The revisions read as follows:
Sec. 905.120 Nomination procedure.
* * * * *
(d) At each meeting each eligible person may cast one vote for each
of the persons to be nominated to represent the district or group, as
the case may be.
(e) Voting may be by written ballot. If written ballots are used,
all ballots shall be delivered by the chairman or the secretary of the
meeting to the agent of the Secretary. If written ballots are not used,
the committee's representative shall deliver to the Secretary's agent a
listing of each person nominated and a count of the number of votes
cast for each nominee for grower member and alternate. Said
representative shall also provide the agent the register of eligible
voters present at each meeting, a listing of each person nominated, and
the number of votes cast.
0
12. Amend Sec. 905.150 by revising paragraph (d) to read as follows:
Sec. 905.150 Eligibility requirements for public member and alternate
member.
* * * * *
(d) The public member should be nominated by the Citrus
Administrative Committee and should serve a 2-year term which coincides
with the term of office of grower members of the Committee.
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2022-13934 Filed 6-29-22; 8:45 am]
BILLING CODE P
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