[Federal Register: September 11, 2002 (Volume 67, Number 176)]
[Rules and Regulations]
[Page 57503-57506]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11se02-2]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 999
[Docket No. FV02-999-1 FR]
Specialty Crops, Import Regulations; Addition of a New Varietal
Type to the Raisin Import Regulation
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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[[Page 57504]]
SUMMARY: This rule adds Other-Seedless Sulfured raisins, along with
quality requirements, to the raisin import regulation. The import
regulation is authorized under section 8e of the Agricultural Marketing
Agreement Act of 1937 (Act) and requires imports of raisins to meet the
same or comparable grade and size requirements as those in effect under
Federal Marketing Order No. 989 (order). The order regulates the
handling of raisins produced from grapes grown in California. The
regulations authorized under the domestic order were recently changed
to add Other-Seedless Sulfured raisins, along with quality requirements
for this varietal type. This is a new type of raisin being produced by
some California industry members. This rule brings the import
regulation into conformity with the regulations for California raisins
under the marketing order.
EFFECTIVE DATE: October 11, 2002.
FOR FURTHER INFORMATION CONTACT: Maureen T. Pello, Senior Marketing
Specialist, California Marketing Field Office, Marketing Order
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 2202
Monterey Street, suite 102B, Fresno, California 93721; telephone: (559)
487-5901, Fax: (559) 487-5906; or George Kelhart, Technical Advisor,
Marketing Order Administration Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC
20250-0237; telephone: (202) 720-2491, Fax: (202) 720-8938.
Small businesses may request information on complying with this
regulation by contacting Jay Guerber, Marketing Order Administration
Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence
Avenue SW., STOP 0237, Washington DC 20250-0237; telephone: (202) 720-
2491, Fax: (202) 720-8938, or E-mail: Jay.Guerber@usda.gov.
SUPPLEMENTARY INFORMATION: This rule is issued under section 8e of the
Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-
674), hereinafter referred to as the ``Act,'' which provides that
whenever certain specified commodities, including raisins, are
regulated under a Federal marketing order, imports of these commodities
into the United States are prohibited unless they meet the same or
comparable grade, size, quality, or maturity requirements as those in
effect for the domestically produced commodity.
The Department of Agriculture (USDA) 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 import regulations
issued under section 8e of the Act.
This rule adds a new varietal type to the raisin import regulation.
This action adds Other Seedless-Sulfured raisins, along with quality
requirements, to the import regulation. This action is necessary to
bring the import regulation in line with the domestic marketing order.
The order regulates the handling of raisins produced from grapes grown
in California.
The domestic order provides authority for volume and quality
regulations that are imposed by varietal type. Section 989.10 of the
order defines the term ``varietal type'' to mean raisins generally
recognized as possessing characteristics differing from other raisins
in a degree sufficient to make necessary or desirable separate
identification and classification. That section includes a list of
varietal types, and provides authority for the Raisin Administrative
Committee (RAC), with the approval of USDA, to change this list. A
description of these varietal types, along with additional varietal
types, is specified in Sec. 989.110 of the order's administrative
rules and regulations.
In August 2001, the RAC, which locally administers the order,
recommended changing the domestic regulation to add a new varietal type
of raisin. Some California industry members are marketing a new type of
raisin that is made by dehydrating sulfured red seedless grapes. These
raisins did not fit into any of the existing varietal types specified
under the order prior to the issuance of the rulemaking action
mentioned below. Such raisins are similar to the Other Seedless
varietal type, except they have been sulfured. Such raisins are also
similar to the Golden Seedless varietal type, but may not meet the
color requirements for Golden Seedless raisins. Golden Seedless raisins
are made from green seedless grapes and are mostly yellowish green to
green amber in color when sulfured. Red seedless grapes typically vary
in color when sulfured. Thus, the RAC recommended establishing a new
varietal type, along with quality requirements, for Other Seedless-
Sulfured raisins. An interim final rule implementing this
recommendation was published in the Federal Register on May 28, 2002
(67 FR 36789) and became effective on May 29, 2002. Comments were
invited until July 29, 2002. No comments were received. A final rule on
this action will be published in a different issue of the Federal
Register.
This rule brings the raisin import regulation into conformity with
the domestic order. This action adds Other Seedless-Sulfured raisins to
the list of varietal types specified in Sec. 999.300(a)(2) of the
raisin import regulation. This rule also adds Other Seedless-Sulfured
raisins to Sec. 999.300(b)(1); thus, imports of such raisins will have
to meet the same quality requirements in effect for such raisins
domestically produced. USDA is not aware of any imports of this type of
raisin at this time.
Accordingly, imported lots of Other Seedless-Sulfured raisins will
have to meet the requirements of U.S. Grade C as defined in the United
States Standards for Grades of Processed Raisins (Sec. Sec. 52.1841
through 52.1858) issued under the Agricultural Marketing Act of 1946 (7
U.S.C. 1622 through 1624). At least 70 percent, by weight, of the
raisins in a lot will have to be well-matured or reasonably well-
matured. With respect to select-sized and mixed-sized lots, the raisins
will have to at least meet the U.S. Grade B tolerances for pieces of
stem and undeveloped and substandard raisins, and small (midget) sized
raisins will have to meet the U.S. Grade C tolerances for those
factors. Raisin importers will continue to be charged $47 per hour by
USDA for inspecting the raisins.
Final Regulatory Flexibility Analysis
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. Accordingly, AMS has
prepared this final regulatory flexibility analysis.
The purpose of the RFA is to fit regulatory actions to the scale of
business subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. Marketing orders issued
pursuant to the Act, and rules issued thereunder, are unique in that
they are brought about through group action of essentially small
entities acting on their own behalf. Thus, both statutes have small
entity orientation and compatibility. Import regulations issued under
the Act
[[Page 57505]]
are based on those established under Federal marketing orders.
There are approximately 75 importers of raisins. During the 2000-01
season (August 2000 through September 2001), the dollar value of U.S.
raisin imports totaled $12.2 million. During the 1999-2000 season, the
value was $21.7 million. During the 1996-97 through 2000-01 seasons,
the value of imports ranged from a low of $11.8 million in 1997-98 to a
high of $29.6 million in 1998-99. Small agricultural service firms,
which include raisin importers, are defined by the Small Business
Administration (13 CFR 121.201) as those having annual receipts of less
than $5,000,000. A majority of importers may be classified as small
entities.
Mexico, Chile, Argentina, and the Republic of South Africa are the
major raisin-producing countries exporting raisins to the United
States. During the 2000-01 season, 11,631 metric tons of raisins were
imported into the United States. Chile accounted for 4,841 metric tons,
3,811 metric tons arrived from Mexico, 1,245 metric tons were imported
from Argentina, and 1,245 metric tons arrived from the Republic of
South Africa. Most of the remaining balance came from Iran, Turkey, and
Pakistan. During the 1999-2000 season, 17,538 metric tons of raisins
were imported. Of the tonnage, 6,076 metric tons came from Mexico,
6,134 metric tons came from Chile, 2,436 tons arrived from Argentina,
and 1,400 metric tons were from the Republic of South Africa. Most the
remaining tonnage was imported from Afghanistan, Turkey, and Pakistan.
During the 1996-97 through 2000-01 seasons, raisins imports ranged from
a low of 10,390 metric tons in 1997-98 to a high of 25,337 metric tons
in 1998-99.
This rule adds Other Seedless-Sulfured raisins to the list of
varietal types specified in Sec. 999.300(a)(2) of the raisin import
regulation. This rule also adds Other Seedless-Sulfured raisins to
Sec. 999.300(b)(1); thus, imports of such raisins will have to meet
the same quality requirements in effect for such domestically produced
raisins. Authority for these changes is provided in section 8e of the
Act.
Regarding the impact of this action on affected entities, this rule
brings the import regulation into conformity with the domestic
regulation. The domestic regulation was changed on May 29, 2002 (67 FR
36789) to add a varietal type, along with quality requirements, for
Other Seedless-Sulfured raisins. This is a new type of raisin being
produced by some members of the California raisin industry.
Accordingly, under section 8e of the Act, imports of Other Seedless-
Sulfured raisins will have to meet the same quality requirements as the
domestic product. Raisin importers will continue to be charged $47 per
ton by USDA for inspecting the raisins. As previously stated, USDA is
not aware at this time of any imports of this type of raisin.
With regard to alternatives, as previously stated, the Act requires
that raisin imports meet the same or comparable grade and size
requirements as those in effect under Federal Marketing Order No. 989.
This rule will impose no additional reporting or recordkeeping
requirements on either small or large raisin importers. Reports and
forms required under the raisin import regulation are periodically
reviewed to reduce information requirements and duplication by industry
and public sector agencies. There are currently two forms required
under the raisin import regulation. Forms 1 and 2 must be completed
only for lots of raisins that do not meet applicable grade and size
requirements and are going to be used in the production of other
products besides raisins. In accordance with the Paperwork Reduction
Act of 1995 (44 U.S.C. Chapter 35), the information collection
requirements referenced herein have been approved by the Office of
Management and Budget (OMB) under OMB. NO. 0581-0178. It is estimated
that it takes importers of raisins about 15 minutes to complete Raisin
Form No. 1, and processors of failing imported raisins about 15 minutes
to complete Raisin Form No. 2. The total annual burden for Raisin Form
Nos. 1 and 2, respectively, is 24 hours.
Additionally, except for applicable domestic regulations, USDA has
not identified any relevant Federal rules that duplicate, overlap, or
conflict with this rule. However, as previously stated, imports of
Other Seedless-Sulfured raisins must meet a modified U.S. Grade C as
defined in the United States Standards for Grades of Processed Raisins
(Sec. Sec. 52.1841 through 52.1858) issued under the Agricultural
Marketing Act of 1946 (7 U.S.C. 1622 through 1624). Finally, all
interested persons were invited to submit information on the regulatory
and information impact of this action on small businesses.
A proposed rule concerning this action was published in the Federal
Register on June 14, 2002 (67 FR 40879). Copies of the proposed rule
were also mailed or sent via facsimile to raisin importers and other
interested persons. Finally, the proposal was made available through
the Internet by the Office of the Federal Register and USDA. A 60-day
comment period ending August 13, 2002, was provided for interested
persons to respond to the proposal. No comments were received.
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/fv/moab.html. Any questions about the compliance
guide should be sent to Jay Guerber at the previously mentioned address
in the FOR FURTHER INFORMATION CONTACT section.
In accordance with section 8e of the Act, the United States Trade
Representative has concurred with the issuance of this final rule.
After consideration of all relevant material presented and
information available to USDA, it is hereby found that this rule, as
hereinafter set forth, will tend to effectuate the purposes of the Act.
List of Subjects in 7 CFR Part 999
Dates, Filberts, Food grades and standards, Imports, Nuts, Prunes,
Raisins, Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, 7 CFR part 999 is
amended to read as followed:
PART 999--SPECIALITY CROPS; IMPORT REGULATIONS
1. The authority citation for 7 CFR part 999 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
2. In Sec. 999.300, paragraphs (a)(2) and (b)(1) are revised to
read as follows:
Sec. 999.300 Regulation governing importation of raisins.
(a) * * *
(2) Varietal type means the applicable one of the following:
Thompson Seedless raisins, Muscat raisins, Layer Muscat raisins,
Currant raisins, Monukka raisins, Other Seedless raisins, Golden
Seedless raisins, and Other Seedless-Sulfured raisins.
* * * * *
(b) * * *
(1) With respect to Thompson Seedless and Other Seedless-Sulfured
raisins--the requirements of U.S. Grade C as defined in the effective
United States Standards of Grades of Processed Raisins (Sec. Sec.
52.1841 through 52.1858 of this title): Provided, That, at least 70
percent, by weight, of the raisins shall be well-matured or reasonably
well-matured. With respect to select-sized and mixed-sized lots, the
raisins shall at least meet the U.S. Grade B tolerances for pieces of
stem and undeveloped and substandard raisins, and small (midget)
[[Page 57506]]
sized raisins shall meet the U.S. Grade C tolerances for those factors;
* * * * *
Dated: September 4, 2002.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 02-23035 Filed 9-10-02; 8:45 am]
BILLING CODE 3410-02-P
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