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)
Agricultural Marketing Service
Federal Register Volume 80, Issue 162 (August 21, 2015)
| Page Range | 50803-50804 | |
| FR Document | 2015-20391 |
[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] ======================================================================== 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. ======================================================================== 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. ----------------------------------------------------------------------- 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 ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- * * * * * * * 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 * * * * * * * ---------------------------------------------------------------------------------------------------------------- 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] BILLING CODE P
![50803
Proposed Rules Federal Register
Vol. 80, No. 162
Friday, August 21, 2015
This section of the FEDERAL REGISTER lindsay.mitchell@ams.usda.gov. Copies Regulatory Flexibility Act and
contains notices to the public of the proposed of the proposed U.S. Standards for Paperwork Reduction Act
issuance of rules and regulations. The Grades of Processed Raisins are
purpose of these notices is to give interested Pursuant to requirements of the
available on the Internet at http:// Regulatory Flexibility Act (RFA) (5
persons an opportunity to participate in the
rule making prior to the adoption of the final
www.regulations.gov. Copies of the U.S.C. 601–612), the Agricultural
rules. current U.S. Standards for Grades of Marketing Service (AMS) has
Processed Raisins are available on the considered the economic impact of this
Specialty Crops Inspection Division proposed rule on small entities.
DEPARTMENT OF AGRICULTURE Web site at www.ams.usda.gov/scihome. Accordingly, AMS has prepared this
SUPPLEMENTARY INFORMATION: The initial regulatory flexibility analysis.
Agricultural Marketing Service The purpose of the RFA is to fit
proposed changes remove the dual
nomenclature terminology ‘‘small or regulatory actions to the scale of
7 CFR Part 52 businesses subject to such actions so
midget’’ for the same requirement from
[Document Number AMS–FV–14–0087, FV– small businesses will not be unduly or
the United States Standards for Grades
15–329] disproportionately burdened. Marketing
of Processed Raisins. These revisions
orders issued under the Act, and the
United States Standards for Grades of also affect the grade requirements under
rules issued thereunder, are unique in
Processed Raisins the marketing order, 7 CFR parts 989,
that they are brought about through
issued under the Agricultural Marketing
AGENCY: Agricultural Marketing Service, group action of small entities acting on
Agreement Act of 1937 (7 U.S.C. 601–
USDA. their own behalf.
674) and applicable imports. There are approximately 3,000
ACTION: Proposed rule.
Executive Orders 12866 and 13563 California raisin producers and 28
SUMMARY: The Agricultural Marketing handlers subject to regulation under the
Service (AMS) of the Department of Executive Orders 12866 and 13563 marketing order. The Small Business
Agriculture (USDA) proposes to revise direct agencies to assess all costs and Administration defines small
the United States Standards for Grades benefits of available regulatory agricultural producers as those with
of Processed Raisins. AMS is proposing alternatives and, if regulation is annual receipts less than $750,000, and
to remove five references to the term necessary, to select regulatory defines small agricultural service firms
‘‘midget’’ throughout the standards. approaches that maximize net benefits as those with annual receipts less than
These changes would modernize and (including potential economic, $7,000,000 (13 CFR 121.201).
clarify the standards by removing dual environmental, public health and safety Based on shipment data and other
terminology for the same requirement. effects, distributive impacts and equity). information provided by the Raisin
DATES: Comments must be submitted on
Executive Order 13563 emphasizes the Administrative Committee (RAC),
or before October 20, 2015. importance of quantifying both costs which administers the federal marketing
and benefits, reducing costs, order for raisins produced from grapes
ADDRESSES: Interested persons are
harmonizing rules, and promoting grown in California, a majority of
invited to submit comments to the
flexibility. This rule has been producers and approximately 18
Standardization Branch, Specialty Crops
determined to be not significant for handlers of California raisins may be
Inspection Division, Fruit and Vegetable
purposes of Executive Order 12866 and, classified as small entities. This action
Program, Agricultural Marketing
therefore, has not been reviewed by the should not have any impact on
Service, U.S. Department of Agriculture,
Office of Management and Budget. handlers’ or growers’ benefits or costs.
National Training and Development The action would clarify AMS grade
Center, 100 Riverside Parkway, Suite Executive Order 13175 standards by eliminating the use of the
101, Fredericksburg, Virginia 22406; fax: term ‘‘midget,’’ while consistently using
(540) 361–1199, or on the Web at: This action has been reviewed in
the term ‘‘small’’ for raisins graded in
www.regulations.gov. Comments should accordance with the requirements of
that category. The industry has used the
reference the dates and page number of Executive Order 13175, Consultation
two grade terms interchangeably for
this issue of the Federal Register and and Coordination with Indian Tribal
years. The proposed grade standards
will be made available for public Governments. The review reveals that
would be applied uniformly by all
inspection in the above office during this regulation would not have
handlers.
regular business hours. All comments substantial and direct effects on Tribal In accordance with the Paperwork
submitted in response to this notice will governments and would not have Reduction Act of 1995 (44 U.S.C.
be included in the public record and significant Tribal implications. Chapter 35), this rule would not change
will be made available to the public and the information collection and
Executive Order 12988
rmajette on DSK7SPTVN1PROD with PROPOSALS
can be viewed as submitted, including recordkeeping requirements previously
any personal information that you This rule has been reviewed under approved, and would impose no
provide, on the Internet via http:// Executive Order 12988, Civil Justice additional reporting or recordkeeping
www.regulations.gov. Reform. It is not intended to have burden on domestic producers, first
FOR FURTHER INFORMATION CONTACT: retroactive effect. There are no handlers, and importers of processed
Lindsay H. Mitchell at the address administrative procedures that must be raisins.
above, or at phone (540) 361–1120; fax exhausted prior to any judicial USDA has not identified any relevant
(540) 361–1199; or, email challenge to the provisions of this rule. Federal rules that duplicate, overlap, or
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![50804 Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Proposed Rules
conflict with this rule. The rule will AMS determined that the processed PART 52—[AMENDED]
impact marketing programs that regulate raisin grade standard contained ‘‘small
the handling of processed raisins under or midget’’ terminology for the same ■ 1. The authority citation for part 52
7 CFR part 989. Raisins under a requirement. Before developing these continues to read as follows:
marketing order have to meet certain proposed revisions, AMS solicited
requirements set forth in the grade comments and suggestions about the Authority: 7 U.S.C. 1621–1627.
standards. In addition, raisins are grade standards from the RAC. The RAC ■ 2. In § 52.1845, paragraphs (b) and (c)
subject to section 8e import represents the entire California raisin are revised to read as follows:
requirements under the Agricultural industry; no other state produces raisins
Marketing Act of 1937, as amended (7 commercially. On August 14, 2014, the § 52.1845 [Amended]
U.S.C. 601–674), which requires RAC approved the removal of the term * * * * *
imported raisins to meet grade, size, and midget from the standards.
quality under the applicable marketing AMS is proposing to remove five (b) Small size raisins means that 95
order (7 CFR part 999). references to the term ‘‘midget’’ in the percent, by weight, of all the raisins will
following sections: 52.1845(b) and (c), pass through round perforations 24/64-
Background 52.1850(a)(2) and (a)(3), and Table I. inch in diameter, and not less than 70
AMS continually reviews all fruit and The proposed revisions would percent, by weight, of all raisins will
vegetable grade standards to ensure modernize and help clarify the language pass through round perforations 22/64-
their usefulness in the industry, and to of the standard by removing dual inch in diameter.
modernize language and remove terminology for the same requirement. (c) Mixed size raisins means a mixture
duplicative terminology. On May 13, The proposed rule provides a 60-day which does not meet either the
2013, AMS received a petition from the period during which interested parties
requirements for ‘‘select’’ size; or for
Little People of America stating that may comment on the revisions to the
they ‘‘are trying to raise awareness ‘‘small’’ size.
standard.
around and eliminate the use of the * * * * *
List of Subjects in 7 CFR Part 52
word midget.’’ The petition further ■ 3. In § 52.1846, Table I, is amended,
stated that, ‘‘Though the use of the word Food grades and standards, Food under ‘‘Substandard Development and
midget by the USDA when classifying labeling, Frozen foods, Fruit juices, Undeveloped’’ by revising the entry for
certain food products is benign, Little Fruits, Reporting and recordkeeping ‘‘small size’’ to read as follows:
People of America, and the dwarfism requirements, Vegetables.
community, hopes that the USDA For reasons set forth in the preamble, § 52.1846 Grades of seedless raisins.
would consider phasing out the term 7 CFR part 52 is proposed to be * * * * *
midget.’’ amended as follows:
TABLE I
* * * * * * *
Defects U.S. Grade A U.S. Grade B U.S. Grade C
* * * * * * *
Substandard Development and Undeveloped .................................................................... Total ................. Total ................. Total
* * * * * * *
Small size ............................................................................................................................ 2 ....................... 3 ....................... 5
* * * * * * *
■ 4. In § 52.1850, paragraphs (a)(2) and Dated: August 13, 2015. ACTION: Petition for rulemaking; notice
(3) are revised to read as follows: Rex A. Barnes, of docketing and request for comment;
Associate Administrator, Agricultural extension of comment period.
§ 52.1850 [Amended] Marketing Service.
* * * * * [FR Doc. 2015–20391 Filed 8–20–15; 8:45 am]
SUMMARY: On June 23, 2015, the U.S.
Nuclear Regulatory Commission (NRC)
(a) * * * BILLING CODE P
requested public comment on three
(2) Small size raisins means that all of petitions for rulemaking (PRM)
the raisins will pass through round requesting that the NRC amend its
NUCLEAR REGULATORY ‘‘Standards for Protection Against
perforations 34/64-inch in diameter and
COMMISSION Radiation’’ regulations and change the
not less than 90 percent, by weight, of
all the raisins will pass through round 10 CFR Part 20 basis of those regulations from the linear
perforations 22/64-inch in diameter. no-threshold model of radiation
rmajette on DSK7SPTVN1PROD with PROPOSALS
[Docket Nos. PRM–20–28, PRM–20–29, and protection to the radiation hormesis
(3) Mixed size raisins means a mixture PRM–20–30; NRC–2015–0057] model. The public comment period was
does not meet either the requirements originally scheduled to close on
for ‘‘select’’ size or for ‘‘small’’ size. Linear No-Threshold Model and
September 8, 2015. The NRC is
Standards for Protection Against
* * * * * extending the public comment period to
Radiation
allow more time for members of the
AGENCY:Nuclear Regulatory public to develop and submit their
Commission. comments.
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Document Created: 2018-02-23 11:01:15
Document Modified: 2018-02-23 11:01:15
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be submitted on or before October 20, 2015. | |
| FR Citation | 80 FR 50803 | |
| CFR Associated | Food Grades and Standards; Food Labeling; Frozen Foods; Fruit Juices; Fruits; Reporting and Recordkeeping Requirements and Vegetables |
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