[Federal Register Volume 62, Number 97 (Tuesday, May 20, 1997)]
[Rules and Regulations]
[Pages 27493-27494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13128]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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Federal Register / Vol. 62, No. 97 / Tuesday, May 20, 1997 / Rules
and Regulations
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 35
[Docket No. FV-96-35-1 FIR]
Regulations Issued Under the Export Grape and Plum Act; Exemption
From Size Regulations for Black Corinth Grapes
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: The Department of Agriculture (Department) is adopting as a
final rule the provisions of an interim final rule exempting the Black
Corinth variety of grapes from the minimum bunch and berry size
requirements issued for grapes under the Export Grape and Plum Act.
This change expands the markets for this variety of grapes and
increases their fresh utilization. This rule was recommended by the
California Grape and Tree Fruit League after the proposal had been
presented at industry meetings of growers and handlers.
EFFECTIVE DATE: May 21, 1997.
FOR FURTHER INFORMATION CONTACT: Dennis L. West, Northwest Marketing
Field Office, Marketing Order Administration Branch, Fruit and
Vegetable Division, AMS, USDA, 1220 S.W. Third Avenue, room 369,
Portland, Oregon 97204-2807; telephone: (503) 326-2724 or FAX (503)
326-7440; or William R. Addington, Marketing Order Administration
Branch, Fruit and Vegetable Division, AMS, USDA, P.O. Box 96456, room
2523-S, Washington, DC 20090-6456; telephone: (202) 720-2412 or FAX #
(202) 720-5698. Small businesses may request information on compliance
with this regulation by contacting: Jay Guerber, Marketing Order
Administration Branch, Fruit and Vegetable Division, AMS, USDA, P.O.
Box 96456, room 2525-S, Washington, DC 20090-6456; telephone (202) 720-
2491; Fax # (202) 720-5698.
SUPPLEMENTARY INFORMATION: This rule is issued under authority of the
Export Grape and Plum Act, as amended, [7 U.S.C. 591-599], hereinafter
referred to as the ``Act.'' This rule amends ``Regulations Issued Under
Authority of the Export Grape and Plum Act'' [7 CFR Part 35].
The Department is issuing this rule in conformance with Executive
Order 12866.
This rule has been reviewed under Executive Order 12988, 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. There are no administrative procedures which must be exhausted
prior to any judicial challenge to the provisions of this rule. There
are no administrative procedures which must be exhausted prior to any
judicial challenge to the provisions of this rule.
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA), the Administrator of the Agricultural Marketing Service
(AMS) has considered the economic impact of this action on small
entities. The purpose of the RFA is to fit regulatory actions to the
scale of business subject to such actions in order that small
businesses will not be unduly or disproportionately burdened. In the
United States there are approximately 250 handlers of table grapes that
are subject to regulations under the authority of the Export Grape and
Plum Act, and approximately 1300 grape producers. Small agricultural
service firms, which include handlers of grapes, have been defined by
the Small Business Administration (13 CFR 121.601) as those having
annual receipts of less than $5,000,000, and small agricultural
producers are defined as those whose annual receipts are less than
$500,000. The majority of grape handlers and producers regulated under
the Export Grape and Plum Act may be classified as small entities.
Black Corinth grapes represent less than one percent of all grapes
grown in the United States. Supplies of this variety are provided by
many small growers located in California and Arizona who are prepared
to ship grapes into fresh markets abroad. As the export markets develop
for Black Corinth grapes, economic opportunities for small growers,
marketers, and exporters are expected to improve. Therefore, the AMS
has determined that this action will not have a significant economic
impact on a substantial number of small entities.
Section 35.11 of the ``Regulations issued under authority of the
Export Grape and Plum Act'' establishes minimum size and quality
requirements for export shipments of any variety of vinifera species
table grapes. Prior to the issuance of the interim final rule, export
shipments of grapes being shipped to Japan, Europe, or Greenland were
required to meet a minimum grade of U.S. Fancy Table as specified in
the U.S. Standards for Grades of Table Grapes (7 CFR Part 51, sections
51.880-51.992), except that the minimum bunch size shall be one-half
pound. Table grapes shipped to countries other than Japan, Europe,
Greenland, Canada, or Mexico were required to meet the requirements of
U.S. No.1 Table, except that the minimum bunch size shall be one-fourth
pound. (Shipments to Canada and Mexico are currently not regulated
under this part.) The U.S. Fancy Table grade includes a requirement for
unlisted varieties (such as Black Corinth), that 90 percent of the
berries, by count, in each bunch shall be at least ten-sixteenths of an
inch in diameter. Similarly, the U.S. No. 1 Table grade includes a
requirement for unlisted varieties (such as Black Corinth), that 75
percent of the berries, by count, shall be at least nine-sixteenths of
an inch in diameter.
The Board of Directors of the California Grape and Tree Fruit
League (Board), which represents a substantial portion of the fresh
table grape industry, unanimously recommended that the Black Corinth
variety of grapes be exempted from the minimum bunch and berry size
requirements established for export shipments.
The Board advised that a change is needed because the Black Corinth
variety (sometimes referred to as Zante Currants) are
characteristically of high quality but of very small bunch and berry
size. The small size prevents this variety from meeting the minimum
size requirements established for export shipments.
Traditionally, this variety of grapes had been dried for use as
raisins. As
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oversupply conditions occurred in recent years for this variety,
handlers within the industry were successful in developing fresh
outlets. The variety received good consumer acceptance, primarily
because of its unique size and sweetness.
Exempting the Black Corinth variety of grapes from the minimum
bunch and berry size requirements for export shipments enables handlers
to further expand their markets and increase fresh utilization. This
improves the marketing of these varieties and increases returns to
producers.
The interim final rule was issued on October 17, 1996, and
published in the Federal Register (61 FR 54081, October 17, 1996), with
an effective date of October 18, 1996. That rule amended Sec. 35.11
Minimum requirements under regulations in effect under the Act. That
rule provided a 30-day comment period which ended November 18, 1996. No
comments were received.
After consideration of all relevant material presented, the
information and recommendations submitted by the Board, and other
information, finalizing the interim final rule, without change, as
published in the Federal Register (61 FR 54081, October 17, 1996) is
appropriate.
It is also found that good cause exists for not postponing the
effective date of this rule until 30 days after publication in the
Federal Register (5 U.S.C. 553) because: (1) This action continues a
relaxation of the requirements for export shipments of Black Corinth
grapes; (2) the Board unanimously recommended this rule at a public
meeting and all interested persons had an opportunity to provide input;
(3) shipments of the Black Corinth variety of grapes have already
begun; (4) handlers and producers of the Black Corinth variety of
grapes are aware of this rule and they need no additional time to
comply with the relaxed requirements; and (5) a 30-day comment period
was provided for in the interim final rule and none were received.
List of Subjects in 7 CFR Part 35
Administrative practice and procedure, Exports, Grapes, Plums,
Reporting and record keeping requirements.
For the reasons set forth in the preamble, 7 CFR part 35 is amended
as follows:
PART 35--EXPORT GRAPES AND PLUMS
Accordingly, the interim final rule amending 7 CFR part 35 which
was published at 61 FR 54081 on October 17, 1996, is adopted as a final
rule without change.
Dated: May 14, 1997.
Robert C. Keeney,
Director, Fruit and Vegetable Division.
[FR Doc. 97-13128 Filed 5-19-97; 8:45 am]
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