[Federal Register Volume 62, Number 5 (Wednesday, January 8, 1997)]
[Rules and Regulations]
[Pages 1032-1034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-279]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 33
[Docket No. FV96-33-1 FIR]
Regulations Issued Under the Export Apple and Pear Act;
Relaxation of Grade Requirements for Apples and Pears Shipped to
Pacific Ports of Russia
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: The Department of Agriculture (Department) is adopting as a
final rule, with appropriate modifications, the provisions of an
interim final rule relaxing the minimum grade requirements issued under
the Export Apple and Pear Act for U.S.-grown apples and pears shipped
to Pacific ports of Russia. Container marking provisions also are
relaxed for such shipments. These changes are designed to develop
Eastern Russia as an export market for apples and pears. This rule was
recommended by the Northwest Horticultural Council (Council), an
organization representing the Northwest fruit industry.
EFFECTIVE DATE: This final rule becomes effective January 9, 1997.
FOR FURTHER INFORMATION CONTACT: Dennis L. West, Marketing Specialist,
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, Fax #
(503) 326-7440; or William R. Addington, Marketing Specialist,
Marketing Order Administration Branch, Fruit and Vegetable Division,
AMS, USDA, P.O. Box 96456, room 2525-S, Washington, D.C. 20090-6456;
telephone: (202) 720-2412, 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 2523-S, Washington, D.C.
20090-6456; telephone: (202) 720-2491, Fax # (202) 720-5698.
SUPPLEMENTARY INFORMATION: This rule is issued under authority of the
Export Apple and Pear Act, as amended, [7 U.S.C. 581-590], hereinafter
referred to as the ``Act.'' This rule amends ``Regulations Issued Under
Authority of the Export Apple and Pear Act'' [7 CFR part 33].
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.
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.
The Act and regulations effective thereunder apply to exporters and
export carriers of apples and pears. In the United States, there are
approximately 450 firms which pack and export apples and 300 firms
which pack and export pears that are potentially subject to regulations
under the authority of the Act. Small agricultural service firms, which
include firms that pack and export apples and pears, have been defined
by the Small Business Administration (13 CFR 121.601) as those having
annual receipts of less than $5,000,000. The majority of apple and pear
exporters regulated under the Act may be classified as small entities.
This rule relaxes the minimum grade requirements issued under the Act
for U.S.-grown apples and pears shipped only to Pacific ports of
Russia. Container marking provisions also are relaxed for such
shipments. This rule provides all exporters additional flexibility in
marketing apples and pears of different grades and quality in Russian
port cities and areas along the Pacific Ocean. These changes are
designed to develop export markets for apples and pears in these areas.
This rule does not preclude shipments of apples and pears of higher
than the minimum quality from being shipped to Russian Pacific ports.
This benefits both large and small exporters of apples and pears.
Therefore, the AMS has determined that this action will not have a
significant economic impact on a substantial number of small entities.
Section 33.10 of the ``Regulations Issued Under Authority of the
Export Apple and Pear Act'' establishes minimum grade and container
marking requirements for export shipments of apples and pears. Prior to
the issuance of the interim final rule, export shipments of apples were
required to meet a minimum grade of U.S. No. 1 or U.S. No. 1 Early as
specified in the United States Standards for Grades of Apples (7 CFR
part 51, sections 51.300-51.323). Exports of summer and fall pears were
required to meet a minimum grade of U.S. No. 2 as specified in the
United States Standards for Grades of Summer and Fall Pears (7 CFR part
51, sections 51.1260-51.1280). Exports of winter pears were required to
meet a minimum grade of U.S. No. 2 as specified in the United States
Standards for Grades of Winter Pears (7 CFR part 51, sections 51.1300-
51.1323). Additional restrictions for apple maggot and San Jose scale
apply to both apples and pears.
This final rule continues in effect the reduction of the minimum
grade requirements, as follows:
The minimum grade for fresh apples exported to Russian Pacific
ports is reduced to U.S. Utility grade (7 CFR part 51, section 51.303)
or U.S. No. 1 Hail (7 CFR part 51, section 51.302(b)) for apples
damaged by hail.
The minimum requirements for summer and fall pears exported to
Russian Pacific ports are listed in the regulatory text of this final
rule. The requirements provide that the pears be of one variety that
are mature, hand picked, clean, sound and free from hard-end; and free
from serious damage caused by broken skin, insects, disease, hail
marks, limbrubs, heavy russet, or other means; and not so excessively
elongated or flattened as to preclude the cutting of one good half. The
requirements also include necessary definitions and explanations of
some provisions and a list of tolerances which are applied to each lot
at the time of packing.
Finally, the minimum requirements for winter pears exported to
Russian Pacific ports also are listed in the regulatory text of this
final rule. The requirements provide that the pears be of one variety
which are mature, hand
[[Page 1033]]
picked, clean, sound, not very seriously misshapen, free from black
end, free from damage caused by hard end, broken skins, and free from
serious damage caused by cork spot or bruises. ``Very seriously
misshapen'' means that the pear is excessively flattened, elongated for
the variety, or is constricted or deformed so it will not cut one good
half or two fairly uniform quarters. The requirements also include
necessary definitions and explanations of some provisions and a list of
tolerances which are applied to each lot at the time of packing.
Handlers may ship apples and pears of higher grade quality than the
minimum requirements established in this regulation.
The additional restrictions for apple maggot and San Jose scale
continue to apply to apples and pears shipped to any foreign
destination.
The Council, an organization that represents a substantial portion
of the fruit industry in the Northwest States of Oregon, Washington,
and Idaho, recommended these changes in the current export regulations.
The Council advised that a change in requirements is needed to
develop export markets for apples and pears to Pacific ports of Russia.
According to the Council, exporters indicate that there is a demand in
this relatively new export market of Eastern Russia for apples and
pears of a lower grade than the previous requirements allowed. This
change will increase sales opportunities in a market willing to accept
apples and pears that are lower in overall quality and less uniform in
appearance than most export markets will accept.
The Council reported that weather and growing conditions are
expected to adversely affect the appearance and quality of a
significant portion of the 1996 pear crop. The Council believes this
change will facilitate market development efforts for apples and pears
to Pacific ports of Russia. Apples and pears which are not shipped for
fresh consumption in either domestic or foreign markets are usually
disposed of in processing outlets, such as juice. Processing outlets
are not normally as profitable as fresh market outlets.
The interim final rule concerning this action was published in the
September 26, 1996, Federal Register (61 FR 50421), with a 30-day
comment period ending October 28, 1996. One comment was received in
favor of the interim final rule suggesting several revisions.
The comment was submitted by Northwest Fruit Exporters (NFE), a
non-profit organization, whose members grow, pack, ship, and export
fresh apples and pears regulated under the Act. NFE members are located
in Washington, Oregon, and Idaho. NFE suggested that the U.S. Utility
grade not be added as an option for apple exports because the intent of
the rule is to allow shipments of hail damaged apples. NFE suggested
using U.S. No. 1 Hail grade which is specifically designed to allow
shipment of hail damaged apples. NFE stated further that the Utility
grade makes an allowance for other quality factors but remains
restrictive regarding hail damaged apples. The Department believes that
it would not be appropriate to remove the U.S. Utility grade because it
allows exporters the opportunity to sell apples of a lower grade even
though they are not hail damaged. This provision is intended to provide
exporters with flexibility. Therefore, no change is being made to the
rule in response to this comment.
NFE pointed out the word ``apples'' is incorrectly used in
paragraph (b) in Section 33.10. The paragraph refers to pears. The
Department will make this correction in the regulatory text.
NFE pointed out that the proposed general definition of ``damage by
hard end'' does not apply to the quality requirements for winter pears
as stated in Section 33.10 (b)(2) and should be replaced with language
commonly used to describe damage to winter pears. The following
language was recommended: ``Damage by skin break means any pear with
one skin break larger than \3/16\ inch in diameter or depth, or with
more than one skin break \1/8\ inch or larger in diameter or depth.
Such pear shall be considered damaged, and scored against the grade
tolerance.'' The Department concurs with this recommended change. The
regulatory text will be modified accordingly.
NFE further suggested additional language establishing grade defect
lot tolerances be included under Section 33.10(b)(2) because grade
defect tolerances for a lot of pears were omitted. The Department
inadvertently omitted lot tolerances for pears and therefore, the
regulatory text will be modified accordingly.
NFE went on to suggest that grade defect tolerances are applicable
at the time of packing; however, subsequent to storage and/or transit,
only permanent type quality defects should be considered as grade
defects and applied to the stated grade tolerance. NFE stated that the
provision ``condition after storage or transit'' exists in the current
U.S. Standards for Grades of Winter Pears and a new paragraph should be
added to section 33.10 to capture this type of language. The Department
recognizes that this provision currently exists in the U.S. Standards
for Grades of Winter Pears as well as in the U.S. Standards for Grades
of Summer/Fall pears and apples. For the sake of clarity, the
regulatory text will be modified by adding a new paragraph (c) to state
that decay, scald or any other deterioration which may have developed
on apples or pears after they have been in storage or transit shall be
considered as affecting condition and not the grade.
Finally, NFE suggested that requirements be modified to permit
shipments of U.S. No. 1 Hail grade apples to Mexico, using the same
rationale and justification for this request as stated for shipments of
U.S. No. 1 Hail grade apples to Russia. The Department believes this
recommendation is beyond the scope of the interim final rule.
After analyzing the comment received and other available
information, the Department finds that this final rule is appropriate.
It is further 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 rule continues in
effect a relaxation of the grade requirements for apples and pears
shipped to Pacific ports of Russia; (2) exporters have indicated that
sales opportunities exist in Eastern Russia and shipments have already
begun to take advantage of these opportunities; (3) apples and pears
are shipped throughout the year, and this rule should be in effect
promptly so exporters can make marketing plans; and (4) a 30-day
comment period was provided for in the interim final rule and
recommended modifications should be implemented as soon as possible.
List of Subjects in 7 CFR Part 33
Administrative practice and procedure, Apples, Exports, Pears,
Reporting and record keeping requirements.
Accordingly, the interim rule amending 7 CFR part 33 which was
published at 61 FR 50421 on September 26, 1996, is adopted as a final
rule with the following changes:
PART 33--EXPORT APPLE AND PEAR ACT
1. The authority citation for 7 CFR part 33 continues to read as
follows:
Authority: 7 U.S.C. 581-590.
2. In Sec. 33.10, paragraphs (c) and (d) are redesignated as (d)
and (e), respectively; a new paragraph (c) is added; and paragraph (b)
is revised to read as follows:
[[Page 1034]]
Sec. 33.10 Minimum requirements.
* * * * *
(b) Pears grade at least U.S. No. 2 as specified in the United
States Standards for Summer and Fall Pears, such as Bartlett, Hardy,
and other similar varieties (Sections 51.1260-51.1280 of this chapter),
or in the United States Standards for Winter Pears, such as Anjou,
Bosc, Comice, and other similar varieties (Sections 51.1300-51.1323 of
this chapter), do not contain apple maggot, and do not have more than 2
percent, by count, of pears with apple maggot injury, nor more than 2
percent, by count, of pears infested with San Jose scale or scale of
similar appearance: Provided, That the minimum quality requirements for
pears exported to Pacific ports of Russia are as follows:
(1) Summer and fall pears shall be of one variety which are mature,
hand picked, clean, sound and free from hard- end; and free from
serious damage caused by broken skin, insects, disease, hail marks,
limbrubs, heavy russet, or other means; and shall not be so excessively
elongated or flattened as to preclude the cutting of one good half.
Broken skin must not exceed 1/4 inch in diameter. The following
definitions shall apply to all varieties:
Clean means reasonably free from dust, dirt, or honey dew.
Free from serious damage means defects when taken singly or
collectively shall not seriously affect the edible or culinary value of
the fruit.
Hand picked means that pears do not show evidence of rough handling
or of having been on the ground.
Hard-end means pears which show an abnormally yellow or green color
at the blossom end or an abnormally smooth rounded base with little or
no depression at the calyx, or if the flesh near the calyx is
abnormally dry and tough or woody. Pears affected by hard-end shall be
considered defects. Rat-tail shaped pears, or second bloom pears that
are tough or ridged shall be considered defects. At the time of
packing, not more than 10 percent, by count, of any lot may be below
the requirements of the grade, and not more than one-tenth of this
amount or 1% shall be allowed for decay and/or breakdown. For a
tolerance of 10 percent or more, individual packages in any lot may
contain not more than one and one-half times the tolerance specified,
except that when the package contains 15 specimens or less, individual
packages may contain not more than double the tolerance specified. For
a tolerance of less than 10 percent, individual packages in any lot may
contain not more than double the tolerance specified, provided at least
one specimen which does not meet the requirements shall be allowed in
any one package. Slight imperfections which are not discernible in good
commercial sorting practice shall not be considered as defects. Small
inconspicuous skin breaks of less than \1/8\ inch in diameter or depth
shall not be considered as damage, and not more than 15 percent of the
pears in any container may have not more than one skin break from \1/8\
inch to \3/16\ inch, inclusive, in diameter or depth. After pears have
been placed in storage, or in transit; scald, breakdown, decay, bitter
pit, or physical injury affecting keeping quality, which may have
developed or may only have become evident after pears are packed, are
defined as applying to condition rather than to grade. Pears also shall
not contain apple maggot, and shall not have more than 2 percent, by
count, of pears with apple maggot injury, nor more than 2 percent, by
count, of pears infested with San Jose scale or scale of similar
appearance.
Mature means having reached the stage of maturity which will insure
a proper completion of the ripening process. Firmness of the flesh
shall be considered only in connection with other factors to determine
the degree of maturity.
Sound means that pears at time of packing are free from visible
defects such as decay, breakdown, scald, bitter pit, or physical injury
affecting keeping quality. The following conditions shall not be
considered serious damage: healed insect depressions or other surface
blemishes which do not prevent the cutting of one good half;
(2) Winter pears shall be of one variety which are mature, hand
picked, clean, sound, not very seriously misshapen, free from black
end, free from damage caused by hard end, broken skins, and from
serious damage caused by cork spot or bruises. The following
definitions shall apply to all varieties:
Black end is evidenced by an abnormally deep green color around the
calyx, or black spots usually occurring on one-third of the surface
nearest to the calyx, or by an abnormally shallow calyx cavity.
Clean means free from excessive dirt, dust, spray residue, or other
foreign material. Damage by skin break means any pear with one skin
break larger than \3/16\ inch in diameter or depth, or with more than
one skin break \1/8\ inch or larger in diameter or depth. Such pear
shall be considered damaged, and scored against the grade tolerance.
Damage by skin break means any pear with one skin break larger than
\3/16\ inch in diameter or depth, or with more than one skin break \1/
8\ inch or larger in diameter or depth. Such pear shall be considered
damaged, and scored against the grade tolerance.
Handpicked means that the pears do not show evidence of having been
on the ground.
Hard end is an abnormal yellow color at the blossom end, or an
abnormally smooth, rounded base with little or no depression at the
calyx, or if the flesh near the calyx is abnormally dry and tough or
woody.
Mature means that the pear has reached the stage of maturity which
will insure the proper completion of the ripening process.
Overripe means dead ripe, very mealy or soft, past commercial
utility.
Serious damage by cork spot is when more than two cork spots are
visible externally, or when the visible external injury affects an
aggregate area of more than \1/2\ inch in diameter. Serious damage by
bruising is bruising which seriously affects the appearance, edible or
shipping quality. For a tolerance of 10 percent or more, individual
packages in any lot may contain not more than one and one-half times
the tolerance specified, except that when the package contains 15
specimens or less, individual packages may contain not more than double
the tolerance specified. For a tolerance of less than 10 percent,
individual packages in any lot may contain not more than double the
tolerance specified, provided at least one specimen which does not meet
the requirements shall be allowed in any one package. Pears also shall
not contain apple maggot, and shall not have more than 2 percent, by
count, of pears with apple maggot injury, nor more than 2 percent, by
count, of pears infested with San Jose scale or scale of similar
appearance;
(c) Decay, scald or any other deterioration which may have
developed on apples or pears after they have been in storage or transit
shall be considered as affecting condition and not the grade.
* * * * *
Dated: December 31, 1996.
Robert C. Keeney,
Director, Fruit and Vegetable Division.
[FR Doc. 97-279 Filed 1-7-97; 8:45 am]
BILLING CODE 3410-02-P
