80 FR 50803 - United States Standards for Grades of Processed Raisins

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 80, Issue 162 (August 21, 2015)

The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) proposes to revise the United States Standards for Grades of Processed Raisins. AMS is proposing to remove five references to the term ``midget'' throughout the standards. These changes would modernize and clarify the standards by removing dual terminology for the same requirement.

[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)]
[Proposed Rules]
[Pages 50803-50804]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20391]


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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. 80, No. 162 / Friday, August 21, 2015 / 
Proposed Rules

[[Page 50803]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 52

[Document Number AMS-FV-14-0087, FV-15-329]


United States Standards for Grades of Processed Raisins

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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SUMMARY: The Agricultural Marketing Service (AMS) of the Department of 
Agriculture (USDA) proposes to revise the United States Standards for 
Grades of Processed Raisins. AMS is proposing to remove five references 
to the term ``midget'' throughout the standards. These changes would 
modernize and clarify the standards by removing dual terminology for 
the same requirement.

DATES: Comments must be submitted on or before October 20, 2015.

ADDRESSES: Interested persons are invited to submit comments to the 
Standardization Branch, Specialty Crops Inspection Division, Fruit and 
Vegetable Program, Agricultural Marketing Service, U.S. Department of 
Agriculture, National Training and Development Center, 100 Riverside 
Parkway, Suite 101, Fredericksburg, Virginia 22406; fax: (540) 361-
1199, or on the Web at: www.regulations.gov. Comments should reference 
the dates and page number of this issue of the Federal Register and 
will be made available for public inspection in the above office during 
regular business hours. All comments submitted in response to this 
notice will be included in the public record and will be made available 
to the public and can be viewed as submitted, including any personal 
information that you provide, on the Internet via http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Lindsay H. Mitchell at the address 
above, or at phone (540) 361-1120; fax (540) 361-1199; or, email 
[email protected]. Copies of the proposed U.S. Standards 
for Grades of Processed Raisins are available on the Internet at http://www.regulations.gov. Copies of the current U.S. Standards for Grades 
of Processed Raisins are available on the Specialty Crops Inspection 
Division Web site at www.ams.usda.gov/scihome.

SUPPLEMENTARY INFORMATION: The proposed changes remove the dual 
nomenclature terminology ``small or midget'' for the same requirement 
from the United States Standards for Grades of Processed Raisins. These 
revisions also affect the grade requirements under the marketing order, 
7 CFR parts 989, issued under the Agricultural Marketing Agreement Act 
of 1937 (7 U.S.C. 601-674) and applicable imports.

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 rule has been determined to be not significant for purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.

Executive Order 13175

    This action has been reviewed in accordance with the requirements 
of Executive Order 13175, Consultation and Coordination with Indian 
Tribal Governments. The review reveals that this regulation would not 
have substantial and direct effects on Tribal governments and would not 
have significant Tribal implications.

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. It is not intended to have retroactive effect. There 
are no administrative procedures that must be exhausted prior to any 
judicial challenge to the provisions of this rule.

Regulatory Flexibility Act and Paperwork Reduction Act

    Pursuant to requirements of 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 so small businesses will not be 
unduly or disproportionately burdened. Marketing orders issued under 
the Act, and the rules issued thereunder, are unique in that they are 
brought about through group action of small entities acting on their 
own behalf.
    There are approximately 3,000 California raisin producers and 28 
handlers subject to regulation under the marketing order. The Small 
Business Administration defines small agricultural producers as those 
with annual receipts less than $750,000, and defines small agricultural 
service firms as those with annual receipts less than $7,000,000 (13 
CFR 121.201).
    Based on shipment data and other information provided by the Raisin 
Administrative Committee (RAC), which administers the federal marketing 
order for raisins produced from grapes grown in California, a majority 
of producers and approximately 18 handlers of California raisins may be 
classified as small entities. This action should not have any impact on 
handlers' or growers' benefits or costs.
    The action would clarify AMS grade standards by eliminating the use 
of the term ``midget,'' while consistently using the term ``small'' for 
raisins graded in that category. The industry has used the two grade 
terms interchangeably for years. The proposed grade standards would be 
applied uniformly by all handlers.
    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), this rule would not change the information collection and 
recordkeeping requirements previously approved, and would impose no 
additional reporting or recordkeeping burden on domestic producers, 
first handlers, and importers of processed raisins.
    USDA has not identified any relevant Federal rules that duplicate, 
overlap, or

[[Page 50804]]

conflict with this rule. The rule will impact marketing programs that 
regulate the handling of processed raisins under 7 CFR part 989. 
Raisins under a marketing order have to meet certain requirements set 
forth in the grade standards. In addition, raisins are subject to 
section 8e import requirements under the Agricultural Marketing Act of 
1937, as amended (7 U.S.C. 601-674), which requires imported raisins to 
meet grade, size, and quality under the applicable marketing order (7 
CFR part 999).

Background

    AMS continually reviews all fruit and vegetable grade standards to 
ensure their usefulness in the industry, and to modernize language and 
remove duplicative terminology. On May 13, 2013, AMS received a 
petition from the Little People of America stating that they ``are 
trying to raise awareness around and eliminate the use of the word 
midget.'' The petition further stated that, ``Though the use of the 
word midget by the USDA when classifying certain food products is 
benign, Little People of America, and the dwarfism community, hopes 
that the USDA would consider phasing out the term midget.''
    AMS determined that the processed raisin grade standard contained 
``small or midget'' terminology for the same requirement. Before 
developing these proposed revisions, AMS solicited comments and 
suggestions about the grade standards from the RAC. The RAC represents 
the entire California raisin industry; no other state produces raisins 
commercially. On August 14, 2014, the RAC approved the removal of the 
term midget from the standards.
    AMS is proposing to remove five references to the term ``midget'' 
in the following sections: 52.1845(b) and (c), 52.1850(a)(2) and 
(a)(3), and Table I. The proposed revisions would modernize and help 
clarify the language of the standard by removing dual terminology for 
the same requirement.
    The proposed rule provides a 60-day period during which interested 
parties may comment on the revisions to the standard.

List of Subjects in 7 CFR Part 52

    Food grades and standards, Food labeling, Frozen foods, Fruit 
juices, Fruits, Reporting and recordkeeping requirements, Vegetables.

    For reasons set forth in the preamble, 7 CFR part 52 is proposed to 
be amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  7 U.S.C. 1621-1627.

0
2. In Sec.  52.1845, paragraphs (b) and (c) are revised to read as 
follows:


Sec.  52.1845  [Amended]

* * * * *
    (b) Small size raisins means that 95 percent, by weight, of all the 
raisins will pass through round perforations 24/64-inch in diameter, 
and not less than 70 percent, by weight, of all raisins will pass 
through round perforations 22/64-inch in diameter.
    (c) Mixed size raisins means a mixture which does not meet either 
the requirements for ``select'' size; or for ``small'' size.
* * * * *
0
3. In Sec.  52.1846, Table I, is amended, under ``Substandard 
Development and Undeveloped'' by revising the entry for ``small size'' 
to read as follows:


Sec.  52.1846  Grades of seedless raisins.

* * * * *

                                                     Table I
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                                                  * * * * * * *
             Defects                      U.S. Grade A              U.S. Grade B              U.S. Grade C
 
                                                  * * * * * * *
Substandard Development and        Total....................  Total...................  Total
 Undeveloped.
 
                                                  * * * * * * *
Small size.......................  2........................  3.......................  5
 
                                                  * * * * * * *
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0
4. In Sec.  52.1850, paragraphs (a)(2) and (3) are revised to read as 
follows:


Sec.  52.1850  [Amended]

* * * * *
    (a) * * *
    (2) Small size raisins means that all of the raisins will pass 
through round perforations 34/64-inch in diameter and not less than 90 
percent, by weight, of all the raisins will pass through round 
perforations 22/64-inch in diameter.
    (3) Mixed size raisins means a mixture does not meet either the 
requirements for ``select'' size or for ``small'' size.
* * * * *

    Dated: August 13, 2015.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2015-20391 Filed 8-20-15; 8:45 am]
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