Tomatoes Grown in Florida; Modification of Handling Requirements
| Published date | 09 June 2020 |
| Citation | 85 FR 35222 |
| Record Number | 2020-12183 |
| Section | Proposed rules |
| Court | Agricultural Marketing Service,Agriculture Department |
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.
Proposed Rules Federal Register
35222
Vol. 85, No. 111
Tuesday, June 9, 2020
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 966
[Doc. No. AMS–SC–20–0004; SC20–966–1
PR]
Tomatoes Grown in Florida;
Modification of Handling Requirements
AGENCY
: Agricultural Marketing Service,
USDA.
ACTION
: Proposed rule.
SUMMARY
: This proposed rule invites
comment on recommendations from the
Florida Tomato Committee (Committee)
to change the handling requirements in
the Marketing Order regulating the
handling of tomatoes grown in Florida.
This action would revise the exemption,
container, and definition sections under
the handling requirements and would
update language to reflect current
industry practices.
DATES
: Comments must be received by
July 9, 2020.
ADDRESSES
: Interested persons are
invited to submit written comments
concerning this proposal. Comments
must be sent to the Docket Clerk,
Marketing Order and Agreement
Division, Specialty Crops Program,
AMS, USDA, 1400 Independence
Avenue SW, STOP 0237, Washington,
DC 20250–0237; Fax: (202) 720–8938; or
internet: http://www.regulations.gov. All
comments should reference the
document 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, or can be viewed at: http://
www.regulations.gov. 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
:
Steven W. Kauffman, Marketing
Specialist, or Christian D. Nissen,
Regional Director, Southeast Marketing
Field Office, Marketing Order and
Agreement Division, Specialty Crops
Program, AMS, USDA; Telephone: (863)
324–3375, Fax: (863) 291–8614, or
Email: Steven.Kauffman@usda.gov or
Christian.Nissen@usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Richard Lower,
Marketing Order and Agreement
Division, Specialty Crops Program,
AMS, USDA, 1400 Independence
Avenue SW, STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or Email:
Richard.Lower@usda.gov.
SUPPLEMENTARY INFORMATION
: This
action, pursuant to 5 U.S.C. 553,
proposes an amendment to regulations
issued to carry out a marketing order as
defined in 7 CFR 900.2(j). This proposed
rule is issued under Marketing
Agreement No. 125 and Order No. 966,
as amended (7 CFR part 966), regulating
the handling of tomatoes grown in
Florida. Part 966 (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 producers
operating within the production area.
The Department of Agriculture
(USDA) is issuing this proposed rule in
conformance with Executive Orders
13563 and 13175. This action falls
within a category of regulatory actions
that the Office of Management and
Budget (OMB) exempted from Executive
Order 12866 review. Additionally,
because this proposed rule does not
meet the definition of a significant
regulatory action, it does not trigger the
requirements contained in Executive
Order 13771. See OMB’s Memorandum
titled ‘‘Interim Guidance Implementing
Section 2 of the Executive Order of
January 30, 2017, titled ‘Reducing
Regulation and Controlling Regulatory
Costs’ ’’ (February 2, 2017).
This proposed rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. This proposed rule is
not intended to have retroactive effect.
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 a marketing order
may file with USDA a petition stating
that the marketing order, any provision
of the marketing order, or any obligation
imposed in connection with the
marketing order is not in accordance
with law and request a modification of
the marketing 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 (U.S.) in any district in which the
handler is an inhabitant, or has his or
her principal place of business, has
jurisdiction to review USDA’s ruling on
the petition, provided an action is filed
not later than 20 days after the date of
the entry of the ruling.
This proposed rule invites comments
on revising the exemption, container,
and definition sections in the handling
requirements of the Order. The
Committee believes implementing the
recommended changes would allow the
tomato industry to meet its domestic
market needs for quality, stabilize
returns to producers, and bring the
handling requirements in line with
current industry practices. The
Committee unanimously recommended
these changes at its meeting on
November 12, 2019.
Section 966.5 defines ’’tomatoes’’ to
include all varieties of the edible fruit
(Lycopersicon esculentum) commonly
known as tomatoes and grown within
the production area. Section 966.52
provides authority to the Committee to
establish handling requirements for
tomatoes grown within the regulated
area. This includes, in part, establishing
grade, size, quality, and maturity
requirements, as well as weight,
capacity, dimensions, markings, and
pack requirements, which may be used
in the handling of tomatoes. Section
966.60 requires Florida tomatoes be
inspected and certified by authorized
representatives of the Federal or
Federal-State Inspection Service (FSIS),
or such other inspection service as the
Secretary shall designate.
Section 966.323 sets forth the
handling requirements for Florida
tomatoes, specifying the grade, size, and
container requirements, including
definitions and exemptions. The
handling requirements also establish
packout reporting requirements.
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The Committee met on August 21,
October 2, and November 12, 2019, to
examine and discuss updates to the
handling requirements. The Committee
considered the major changes in the
Florida tomato industry, including the
types of tomatoes produced, production
methods, and the container applications
used at the handling operations.
Following these discussions, the
Committee’s recommendations were to:
Remove the exemption for pear shaped
or Roma type tomatoes, revise the
exemption and definition sections for
greenhouse and hydroponic tomatoes,
adjust the pack and container
requirements, and update language to
reflect current industry practices.
Over the last twenty years, the
varieties of tomatoes produced in
Florida for the fresh market have
changed. When the handling
requirements were created, Florida
production of Roma tomatoes were a
smaller portion of the fresh market and
other varieties like Grape tomatoes were
not yet developed. In recent years the
production of Roma tomatoes has grown
and is now a significantly larger portion
of fresh market sales.
The average volume of fresh Florida
Roma tomato shipments from the last
three seasons reported by USDA Market
News is 7,324,400 25-pound containers.
This number is consistent with the
Committee estimates of fresh market
Roma tomatoes handled in the
production area. The average volume
reported by USDA Market News over
the three-year period from 1999 to 2001
is 6,217,200 25-pound containers.
During the twenty-year period from
1999 to 2019, the total volume of
regulated round tomatoes in Florida has
decreased by half. According to USDA
Market News shipping point data, total
Florida production has decreased from
approximately 60 million 25-pound
containers for the 1999–20 season to 30
million for the 2018–19 season. Roma
tomatoes have an increased market
share representing nearly a quarter of
the total tomato volume produced in the
production area.
Further, according to the Global
Agricultural Trade System (GATS) and
Committee data, imports of Roma
tomatoes from Mexico has quadrupled
from approximately 12 million in 1999
to 48 million 25-pound containers in
2019. Over this 20-year period, based on
USDA Market News and Committee
reports, total U.S. fresh round tomato
shipments from Florida and imported
from Mexico [during the regulated
period] decreased from approximately
92 million to 76 million 25-pound
containers while U.S. Roma shipments
increased from approximately 18
million to 52 million 25-pound
containers.
These shipment numbers indicate
Roma production as a percentage of the
entire fresh tomato market in the U.S.
has increased dramatically. This trend is
demonstrated in taking the change
between the 1999–2000 and 2018–2019
seasonal volume of Roma tomatoes as a
percentage of total production for
comparison. The proportion of Roma
tomatoes as a percentage of total tomato
shipments from both Florida and
Mexico has increased from 19.6 percent
(18 million divided by 92 million × 100)
to 68.4 percent (52 million divided by
76 million × 100) during the regulated
months. The increase in Roma volume
and its proportion of the U.S. fresh
market has impacted the Florida
industry and the U.S. tomato market.
When Roma tomatoes were first
exempt from the handling requirements,
they were a niche market item and
represented a minor portion of sales.
With Roma production representing an
increasing share of Florida tomato
production, and a growing share of the
domestic tomato market, the Committee
discussed removing the handling
requirements exemption for Roma
tomatoes and requiring them to meet
same grade and maturity requirements
as round tomatoes.
Committee members indicated that
Roma tomatoes can have quality defects
such as puffing and scars. The puffing
makes the Roma tomato soft and scars
are not favorable to consumers in the
marketplace. Since these quality factors
were not regulated, there were concerns
the quality factors were negatively
affecting the returns on Roma varieties
as well as other fresh market varieties.
The Committee recognized the benefits
of having the existing grade and
maturity requirements for round
tomatoes and agreed that establishing
requirements for Roma tomatoes would
help improve quality and help stabilize
returns to the industry’s producers by
keeping low quality tomatoes out of the
fresh market.
Consequently, the Committee
unanimously recommended removing
the exemptions for Roma tomatoes
except the size requirements. The
Committee recommended leaving the
size exemption in place for Roma
tomatoes since they are naturally
smaller than round varieties, which
makes it difficult for them to meet the
existing size requirements. Handlers of
Roma varieties are not currently
required to register with the Committee
or pay assessments on Roma varieties
shipped, since they are exempt from
requirements in the Order. With this
proposed change, Roma tomatoes would
be subject to grade, pack and container,
inspection, and reporting requirements,
and handlers would be subject to paying
assessment fees.
Committee members and FSIS stated
they are not aware of any Florida
handlers that only handle Roma
tomatoes. Members did indicate it is
possible that some producers are only
producing Roma tomatoes and that
some small operations may be shipping
Roma varieties inside the regulated area.
The Committee estimates that handlers
currently registered with the Committee
are handling 90 to 95 percent of the
Roma volume produced in the
production area. Further, as registered
handlers, they are familiar with the
inspection, assessment, and reporting
requirements established in the Order.
Thus, handlers should be well-
positioned to accommodate this change.
The Committee also discussed the
growth in alternative production
methods, especially in the area of
protected culture production. Protected
culture production is now more
prevalent, sophisticated, and diverse
than it was ten years ago, and includes
the use of shade structures and other
types of portable structures for use with
field production. While most Florida
growers still produce in an open-field
environment, there has been some
movement toward protected culture
production in both high and low
technology structures within the
production area.
Currently, greenhouse and
hydroponic production are exempt from
the handling requirements. The
regulations define ‘‘greenhouse
tomatoes’’ as tomatoes grown indoors.
With more producers considering the
use of protected culture production and
other production technologies, there
have been questions as to what meets
the definition of greenhouse. Committee
members agreed it was important to
provide the industry with more clarity
regarding this exemption, so producers
are clear about which production types
are exempt from the handling
requirements.
Protected culture tomato production
can include rudimentary shade cloth
and tunnel structures, to more
sophisticated shade houses, to high-tech
greenhouses and hothouses. Shade-
house production often utilizes
structures placed in the open field
environment in order to protect the
plants from adverse weather conditions,
and the structures are often portable in
nature. Greenhouse and hydroponic
production usually mean permanent
structures built of glass or similar
materials that provide a controlled
environment. The costs and the
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environmental factors that affect
production are also vastly different
between a controlled environment
verses a shade-house operation in the
field.
Greenhouse and hydroponic tomatoes
have been exempted from the handling
requirements given that their cost of
production, growing conditions, and
market segment were historically
different compared to field-grown
tomatoes. However, there are some
products in the national market grown
in covered production, particularly
those grown in lower technology shade
houses, which may compete directly
with tomatoes Florida growers produce
in the open field. As such, the
Committee believes it is important to be
more precise in what production
practices warrant an exemption.
With the increase in shade-house and
other in- field technologies competing
with field grown tomatoes for markets at
similar price points, the Committee
determined the exemption definition
should be adjusted to better reflect the
growing conditions that are significantly
different than an open-field
environment and production methods
utilized in the production area.
Committee members agreed that shade-
house and similar production methods
should not be granted an exemption
since these methods of production do
not significantly differ from that of
open-field production. Further, these
types of technologies are being used
within the production area. Conversely,
Committee staff has identified only one
producer using permanent greenhouse
structures in the production area.
As such, the Committee
recommended revising the exemption
and definition paragraphs of the
handling requirements pertaining to
greenhouse and hydroponic tomatoes to
better define what types of production
methods are exempt. This action would
eliminate the current exemptions for
greenhouse and hydroponic production
and would establish a new exemption
and definition for controlled
environment production.
The new definition would define
‘‘controlled environment’’ to mean
tomatoes grown in a soilless medium, in
above ground containers, using
hydroponic methods within a fully-
enclosed permanent aluminum or fixed
steel structure clad in glass,
impermeable plastic, or polycarbonate,
using automated irrigation and climate
control, and with the surface dirt
completely concealed under concrete or
a synthetic lining (e.g. polypropylene
ground cover). Tomatoes produced in a
structure meeting the requirements of
controlled environment would remain
exempt from the handling requirements.
The controlled environment definition
was developed with input from the
production area greenhouse and
hydroponic producer. The Committee
expects greenhouse and hydroponic
operations in the production area
currently exempt to meet the proposed
definition of ‘‘controlled environment.’’
The proposed definition would provide
producers with better clarity on which
production types would meet the
exemption requirements.
The Committee also recommended
clarifying the exempt types of tomatoes
under the handling requirements by
adding tomatoes-on-the-vine or cluster
type tomatoes (TOV), Campari
(cocktail), and grape tomatoes. These
varieties were not a large portion of the
market when the handling requirements
were last updated, but now are
produced by growers in the production
area. Like cherry tomatoes, which
already have a specific exemption, these
varieties are specialty varieties, and the
Committee was not interested in
regulating these varieties at this time.
This change would clarify that these
varieties are exempt from Order
requirements, along with cherry
tomatoes.
The Committee also recommended
modifying the exemption relating to net
weight requirements to better reflect
current industry practices. Specialty
packed, yellow meated, and place
packed tomatoes are currently exempt
from the net weight and the weight
marking requirements of the handling
regulations. In its discussions, the
Committee recognized there has been
considerable innovation over the last 10
years in packaging for retail sales. While
most retail packaging had been done by
repackers, there has been an increase in
such packaging by handlers. Several
handlers now hand place tomatoes into
single or two-layer containers known as
place-packed. Some handlers also pack
directly into sleeves, bags, and
clamshells for retail-ready sales.
With this type of packaging, it is very
difficult to pack to any set weight
requirement as they are normally
packed to a count rather than based on
weight. Consequently, the Committee
recommended adding language that
would also exempt retail-ready
packaging from the net weight and
marking requirements. The Committee
also recommended defining ‘‘retail-
ready packaging’’ as tomatoes packed by
a first handler into consumer packs
(sleeves, bags, clamshells) of two
pounds or less. The Committee also
recommended removing the definition
for ‘‘specialty packed red ripe tomatoes’’
as no one in the production area packs
to meet that definition. The Committee
believes these changes would make the
regulations easier to understand and
better reflect current market conditions.
In another industry change, it has
become more common for handlers to
use Reusable Plastic Containers (RPCs)
for packing tomatoes rather than
corrugated cardboard containers. RPCs
can be washed and sanitized for reuse
and this makes them practical for
packing at handling operations. Also,
there are retailers that prefer to receive
their tomatoes in RPCs. Additionally,
the use of RPCs is more prevalent by
those handlers packing Roma varieties
that would also be required to meet
container requirements under this
action. However, RPCs and their use are
not specifically included in the existing
container requirements. As part of the
recommended updates to the handling
requirements, the Committee agreed that
language regarding the use of RPCs
should be added to the container
requirements.
Committee members voted to revise
the container requirements to include
the use of RPCs along with language to
ensure containers used are clean and
sanitized prior to reuse. The Committee
also recommended modifying the
current container language that states
containers in which the tomatoes are
packed ‘‘must be clean and bright in
appearance without marks, stains, or
other evidence of previous use’’ to
specifically apply to corrugated
cardboard containers, so use and
guidance is provided for both RPCs and
cardboard containers.
Finally, this proposed rule would also
make several other changes to the
handling requirements to update
language and to reflect current industry
practices. Such changes include adding
or revising paragraph headings to
provide additional clarity, including
Roma type tomatoes under the packout
reporting requirements, and updating
contact information.
This action would revise the
exemption, container, and definition
sections in the handling requirements.
Implementing the recommended
changes would allow the Florida tomato
industry to meet its domestic market
needs for quality, stabilize returns to
producers and make the requirements
more reflective of current industry
practices.
Section 8e of the Act (7 U.S.C. 608e–
1) provides that when certain
domestically produced commodities,
including tomatoes, are regulated under
a Federal marketing order, imports of
that commodity must meet the same or
comparable grade, size, quality, and
maturity requirements. Since this
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change would adjust the exemption
requirements to require previously
exempt tomatoes to meet grade and/or
size requirements, a corresponding
change would need to be made to the
import requirements for tomatoes. The
corresponding changes to the import
regulations are being addressed in a
separate rulemaking.
Initial Regulatory Flexibility Analysis
Pursuant to requirements set forth in
the Regulatory Flexibility Act (RFA) (5
U.S.C. 601–612), the Agricultural
Marketing Service (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 in
order that small businesses will not be
unduly or disproportionately burdened.
Marketing orders issued pursuant to the
Act, and the rules issued thereunder, are
unique in that they are brought about
through group action of essentially
small entities acting on their own
behalf.
There are approximately 50 producers
of Florida tomatoes in the production
area and 37 handlers subject to
regulation by the Order. Small
agricultural producers are defined by
the Small Business Administration
(SBA) as those having annual receipts
less than $1,000,000 and small
agricultural service firms are defined as
those whose annual receipts are less
than $30,000,000 (13 CFR 121.201).
According to industry and Committee
data, the average annual price for fresh
Florida tomatoes during the 2018–19
season was approximately $12.56 per
25-pound container, and total fresh
shipments were 25.9 million containers.
Using the average price and shipment
information, the number of handlers,
and assuming a normal distribution,
most handlers have average annual
receipts of less than $30,000,000,
($12.56 times 25.9 million containers
equals $325,304,000 divided by 37
handlers equals $8,792,000 per
handler).
In addition, based on production data,
an estimated producer price of $6.00 per
25-pound container, the number of
Florida tomato producers, and assuming
a normal distribution, the average
annual producer revenue is above
$1,000,000 ($6.00 times 25.9 million
containers equals $155,400,000 divided
by 50 producers equals $3,108,000 per
producer). Thus, most handlers of
Florida tomatoes may be classified as
small agricultural service firms while
the majority of producers may be
classified as large entities under the
SBA definition.
This proposed rule invites comments
on revising the exemption, container,
and definition sections in the Order’s
handling requirements. Implementing
the recommended changes to the
handling requirements would allow the
tomato industry to meet its domestic
market needs for quality, stabilize
returns to producers and would bring
the handling requirements in line with
current industry practices. The
Committee unanimously approved this
recommendation at its public meeting
held on November 12, 2019. This rule
would revise § 966.323 as authorized by
§§ 966.5, 966.52, and 966.60 of the
Order.
These proposed changes could result
in some additional costs for the
industry. This action would eliminate
the exemption for Roma varieties, which
would require handlers to pay
assessments and meet inspection
requirements on fresh Roma tomatoes
shipped outside the regulated area.
Consequently, for those handlers
shipping Roma type tomatoes, this
action would increase the assessment
obligation and would mean additional
inspection fees. The cost of inspection
is $0.029 for each 25-pound container as
set by the State of Florida, and the
current assessment rate is $0.025 per 25-
pound container. As both costs are
based on the volume of containers
shipped, it is anticipated this action
would increase the cost burden on both
large and small handlers of Roma
tomatoes proportionally.
According to USDA Market News data
and Committee estimates, there are
approximately 7.3 million 25-pound
containers of fresh market Roma
tomatoes handled each season in the
production area. With the additional
assessments from Roma tomatoes, the
Committee would collect approximately
$182,500 ($.025 × 7,300,000 25-pound
containers) more in assessments
annually. Collecting additional
assessments on Roma tomatoes would
represent an increase of 27 percent of
last year’s $647,500 collected from
handlers.
Additionally, handlers would be
responsible for the cost of inspection on
each 25-pound container of Roma type
tomatoes. Using the Market News and
Committee estimates above, handlers
should expect to be responsible for an
additional $0.029 per 25-pound
container equivalent handled. The
estimated additional inspection cost to
the entire industry would total $211,700
(7,300,000 × $0.029) in inspection fees
charged annually.
Each handler who handles tomatoes
grown in the production area must be
certified as a registered handler by the
Committee in order to ship tomatoes
outside of the regulated area. Committee
members and FSIS indicated that they
were not aware of any handlers that
only handled Roma varieties of
tomatoes. When considering the
approximate Roma volume of 7.3
million 25-pound containers, it is
estimated that the handlers already
registered with the Committee are
handling 90 to 95 percent of the Roma
volume in the Order’s production area.
Therefore, most handlers that are
shipping Roma tomatoes should already
be registered with the Committee. These
handlers are familiar with the
inspection, assessment, and reporting
requirements established in the Order.
Thus, handlers should be well-
positioned to accommodate this change.
Aside from the exemption change for
Roma type tomatoes, it is not
anticipated that the other changes to the
exemption, container, and definition
paragraphs would result in any
additional cost, as most of these changes
were recommended to align the
requirements with current industry
practices. Regarding the change in the
exemptions for greenhouse and
hydroponic production, the Committee
worked to ensure that production area
producers that were utilizing these
exemptions would meet the new
exemption requirements for controlled
environment, so this change would not
represent any additional costs for
producers in the production area.
It is not anticipated that this action
would impose an additional reporting
burden on handlers. The FSIS reports
the volume inspected to the Committee,
and all Roma inspections and reporting
criteria would be reported on existing
forms. Handlers are familiar with the
reporting requirements and would just
be reporting additional volume on
existing forms. Consequently, this
should not result in more than minimal
additional costs.
In addition to the potential costs, this
change would also provide benefits to
the overall industry. Roma tomatoes can
have difficulty with certain quality
requirements, which can have a
negative impact on grower returns.
Given the increased importance of Roma
type tomatoes in the marketplace,
establishing grade and maturity
requirements for Roma type tomatoes
would have a stabilizing effect on the
market for Roma tomatoes and help
increase returns to handlers and
producers. The additional revenue to
the Committee should help with
marketing, research, and education
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efforts. Thus, the additional costs for
inspection and assessment should be
offset by the benefits of this action. The
benefits of this action are expected to be
equally available to tomato producers
and handlers, regardless of their size.
The Committee considered
alternatives to these proposed changes.
Prior to this recommendation, the
Committee discussed not providing any
exemptions for greenhouse or
hydroponic production operations in
the handling requirements. However,
after determining there is limited
greenhouse production in the
production area, the Committee agreed
providing an exemption for growers that
meet the new definition for controlled
environment would best serve the
industry. The Committee also
considered establishing grade and
maturity requirements for grape
tomatoes, but members determined they
are not interested in regulating these
tomatoes at this time. The Committee
considered continuing the exemption
for Roma tomatoes, but after considering
the proportion of the market that Roma
tomatoes now represents, the Committee
decided that regulating Roma varieties
would benefit the industry. The
Committee also considered not adding
an additional paragraph to address
RPCs, but with the use of RPCs
becoming more common, it was
determined container language should
be updated to better reflect current
industry practices. Therefore, the
alternatives were rejected.
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. 0581–0178 Vegetable
and Specialty Crops. No changes are
necessary in those requirements as a
result of this proposed action. Should
any changes become necessary, they
would be submitted to OMB for
approval.
This proposed rule would not impose
any additional reporting or
recordkeeping requirements on either
small or large Florida tomato 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 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.
USDA has not identified any relevant
Federal rules that duplicate, overlap or
conflict with this proposed rule.
The Committee’s meetings were
widely publicized throughout the
Florida tomato industry, and all
interested persons were invited to
attend the meetings and participate in
Committee deliberations on all issues.
Like all Committee meetings, the August
21, October 2, and November 12, 2019,
meetings were public meetings, and all
entities, both large and small, were able
to express their views on these issues.
Interested persons are invited to submit
comments on this proposed rule,
including the regulatory and
information collection impacts of this
proposed action on small businesses.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: http://www.ams.usda.gov/
rules-regulations/moa/small-businesses.
Any questions about the compliance
guide should be sent to Richard Lower
at the previously mentioned address in
the
FOR FURTHER INFORMATION CONTACT
section.
A 30-day comment period is provided
to allow interested persons to respond
to this proposal. All written comments
timely received will be considered
before a final determination is made on
this matter.
List of Subjects in 7 CFR Part 966
Marketing agreements, Reporting and
recordkeeping requirements, Tomatoes.
For the reasons set forth in the
preamble, the Agriculture Marketing
Services proposes to amend 7 CFR part
966 as follows:
PART 966—TOMATOES GROWN IN
FLORIDA
■1. The authority citation for 7 CFR
part 966 continues to read as follows:
Authority: 7 U.S.C. 601–674.
■2. Amend § 966.323 by:
■a. Revising the section heading;
■b. Revising paragraph (a)(3)(iii);
■c. Adding paragraph (a)(3)(iv);
■d. Revising paragraphs (d), (e) and (g).
The revisions and additions read as
follows:
§ 966.323 Handling Requirements.
* * * * *
(a) * * *
(3) * * *
(iii) The cardboard container in which
the tomatoes are packed must be clean
and bright in appearance without marks,
stains, or other evidence of previous
use.
(iv) The Reusable Plastic Containers
(RPCs) in which the tomatoes are
packed must be cleaned and sanitized
prior to use.
* * * * *
(d) Exemptions
(1) For types. The following types of
tomatoes are exempt from these
requirements:
(i) Cherry tomatoes;
(ii) Grape tomatoes;
(iii) Cocktail-type tomatoes commonly
referred to as Campari tomatoes;
(iv) Tomatoes-on-the-vine, also
known as Cluster tomatoes or TOVs.
(2) For plum tomato types commonly
referred to as Roma tomatoes. Roma
tomatoes must meet the requirements of
this section, except they are exempt
from the size requirements specified in
paragraph (a)(2) of this section.
(3) For yellow meated tomatoes.
Yellow meated tomatoes are exempt
from the container net weight
requirements specified in paragraph
(a)(3)(i) of this section, and the
requirement that each container or lid
shall be marked to indicate the
designated net weight as specified in
paragraph (a)(3)(ii) of this section, but
must meet the other requirements of this
section.
(4) For special packed tomatoes.
Single layer and two layer place packed
tomatoes, and tomatoes packed in retail-
ready packaging, are exempt from the
container net weight requirements
specified in paragraph (a)(3)(i) of this
section, and the requirement that each
container or lid shall be marked to
indicate the designated net weight as
specified in paragraph (a)(3)(ii) of this
section, but must meet the other
requirements of this section.
(5) For growing environment.
Tomatoes grown in a controlled
environment are exempt from the
requirements in this section.
(6) For field-packed tomatoes.
Producer field-packed tomatoes must
meet all of the requirements of this
section except for the requirement that
all containers must be packed at
registered handler facilities as specified
in paragraph (a)(3)(ii) of this section,
and the requirement that such tomatoes
designated as size 6 × 6 must meet the
maximum diameter requirement
specified in paragraph (a)(2)(i) of this
section: Provided, That 6 × 6 and larger
is used to indicate the listed size
designation on containers.
(7) For minimum quantity. Each
person subject to the Order may handle
up to but not to exceed 50 pounds of
tomatoes per day without regard to the
requirements of this section, but this
exemption shall not apply to any
shipment or any portion thereof of over
50 pounds of tomatoes.
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Federal Register / Vol. 85, No. 111 / Tuesday, June 9, 2020 / Proposed Rules
(8) For repacked tomatoes. Tomatoes
that met the inspection requirements of
paragraph (a)(4) of this section which
are resorted, regraded, and repacked by
a handler who has been designated as a
‘‘Certified Tomato Repacker’’ by the
committee are exempt from:
(i) The tomato grade classifications of
paragraph (a)(1) of this section;
(ii) The size classifications of
paragraph (a)(2) of this section, except
that the tomatoes shall be at least 2
9
⁄
32
inches in diameter; and
(iii) The container weight
requirements of paragraph (a)(3) of this
section.
(9) For adverse growing conditions.
Upon recommendation of the
committee, tomatoes that are elongated
or otherwise misshapen due to adverse
growing conditions may be exempted by
the Secretary from the provisions of
paragraph (a)(2) of this section.
(10) For UglyRipe
TM
and Vintage
Ripes
TM
tomatoes. UglyRipe
TM
and
Vintage Ripes
TM
tomatoes must meet all
the requirements of this section:
Provided, That UglyRipe
TM
and Vintage
Ripes
TM
tomatoes shall be graded and at
least meet the requirements specified for
U.S. No. 2 under the U.S. Standards for
Grades of Fresh Tomatoes, except they
are exempt from the requirements that
they be reasonably well formed and not
more than slightly rough, and Provided,
Further that the UglyRipe
TM
and
Vintage Ripes
TM
tomatoes meet the
requirements of the Identity
Preservation program, Specialty Crops
Inspection Division, Specialty Crops
Program, AMS, USDA.
(e) Report of packouts. Each registered
handler shall, at the end of each day
handling activities have been
conducted, or the following morning as
the committee may prescribe, provide to
the committee or its designated agent a
complete and accurate accounting of the
number of containers of non-exempt
tomatoes packed that day. The report
shall include an accounting of the
tomato type (e.g. Round, Roma), grade,
size, maturity, and net weight of the
containers packed in each category. The
total packout report shall be provided to
the committee or its authorized agent in
a timely fashion that allows the
committee to compile a daily, industry-
wide packout report.
* * * * *
(g) Definitions.
Certified Tomato Repacker means a
repacker of tomatoes in the regulated
area that has the facilities for handling,
regrading, resorting, and repacking
tomatoes into consumer sized packages
and has been certified as such by the
committee.
Controlled environment means
tomatoes grown in a soilless medium, in
above ground containers, using
hydroponic methods within a fully-
enclosed permanent aluminum or fixed
steel structure clad in glass,
impermeable plastic, or polycarbonate,
using automated irrigation and climate
control, and with the surface dirt
completely concealed under concrete or
a synthetic lining (e.g., polypropylene
ground cover).
Pickling as used in §§ 966.120 and
966.323 means to preserve tomatoes in
a brine or vinegar solution.
Processing as used in §§ 966.120 and
966.323 means the manufacture of any
tomato product that has been converted
into juice, or preserved by any
commercial process, including canning,
dehydrating, drying, and the addition of
chemical substances. Further, all
processing procedures must result in a
product that does not require
refrigeration until opened.
Producer field-packed tomatoes
means tomatoes that at the time of
inspection are #3 color or higher
(according to color classification
requirements in the U.S. tomato
standards), that are picked and place-
packed in new containers in the field by
a producer as defined in § 966.150 and
transferred to a registered handler’s
facilities for final preparation for
market.
Retail-ready packaging means
tomatoes packed by a first handler into
consumer packs (e.g., sleeves, bags,
clamshells) of two pounds or less.
U.S. tomato standards means the
revised United States Standards for
Fresh Tomatoes (7 CFR 51.1855 through
51.1877) effective October 1, 1991, as
amended, or variations thereof specified
in this section, provided that § 51.1863
shall not apply to tomatoes covered by
this part. Other terms in this section
shall have the same meaning as when
used in this part and the U.S. tomato
standards.
Bruce Summers,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2020–12183 Filed 6–8–20; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0561; Product
Identifier 2019–SW–019–AD]
RIN 2120–AA64
Airworthiness Directives; Bell Textron
Inc. (Type Certificate Previously Held
by Bell Helicopter Textron Inc.)
Helicopters
AGENCY
: Federal Aviation
Administration (FAA), DOT.
ACTION
: Notice of proposed rulemaking
(NPRM).
SUMMARY
: The FAA proposes to adopt a
new airworthiness directive (AD) for
Bell Textron Inc. (Type Certificate
previously held by Bell Helicopter
Textron Inc.) (Bell), Model 204B, 205A–
1, and 212 helicopters. This proposed
AD was prompted by reports of
corrosion on main rotor hub tension-
torsion strap (TT strap) assemblies. This
proposed AD would require reducing
the life limit of a certain part-numbered
TT strap assembly and prohibit
installing this TT strap assembly on any
helicopter. The FAA is proposing this
AD to address the unsafe condition on
these products.
DATES
: The FAA must receive comments
on this proposed AD by July 24, 2020.
ADDRESSES
: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
•Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
•Fax: 202–493–2251.
•Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
•Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this NPRM, contact Bell Textron Inc.,
P.O. Box 482, Fort Worth, TX 76101;
telephone 817–280–3391; fax 817–280–
6466; or at https://
www.bellcustomer.com. You may view
the referenced service information at the
FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood
Pkwy., Room 6N–321, Fort Worth, TX
76177.
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