81 FR 63723 - Raisins Produced From Grapes Grown in California and Imported Raisins; Removal of Language
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 81, Issue 180 (September 16, 2016)
Agricultural Marketing Service
Federal Register Volume 81, Issue 180 (September 16, 2016)
| Page Range | 63723-63725 | |
| FR Document | 2016-22270 |
[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)] [Proposed Rules] [Pages 63723-63725] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-22270] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Parts 989 and 999 [Doc. No. AMS-SC-16-0065; SC16-989-2 PR] Raisins Produced From Grapes Grown in California and Imported Raisins; Removal of Language AGENCY: Agricultural Marketing Service, USDA. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: This proposed rule invites comments on a recommendation by the Raisin Administrative Committee (Committee) to the remove the term ``midget'' from the minimum grade standards of the California raisin marketing order (order). The marketing order regulates the handling of raisins produced from grapes grown in California, and is administered locally by the Committee. Recently, the U.S. Standards for Grades of Processed Raisins (standards) were amended to remove the word ``midget.'' The proposed change would make the marketing order consistent with the amended standards. Furthermore, this rule would make a corresponding change to the raisin import regulation as required by the Agricultural Marketing Agreement Act of 1937, as amended, when changes are made to the size, grade, maturity, or quality requirements of the order. DATES: Comments must be received by October 17, 2016. ADDRESSES: Interested persons are invited to submit written comments concerning this proposal. Comments must be sent to the Docket Clerk, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250- 0237; Fax: (202) 720-8938; or Internet: http://www.regulations.gov. All comments should reference the docket number and the date and page number of this issue of the Federal Register and will be made available for public inspection in the Office of the Docket Clerk during regular business hours, or can be viewed on the Internet at: http://www.regulations.gov. All comments submitted in response to this proposal [[Page 63724]] will be included in the record and will be made available to the public. Please be advised that the identity of the individuals or entities submitting the comments will be made public on the internet at the address provided above. FOR FURTHER INFORMATION CONTACT: Maria Stobbe, Marketing Specialist, or Jeffery Smutny, Regional Director, California Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (559) 487-5901, Fax: (559) 487-5906, or Email: [email protected] or [email protected]. Small businesses may request information on complying with this regulation by contacting Richard Lower, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: [email protected]. SUPPLEMENTARY INFORMATION: This proposal is issued under Marketing Agreement and Marketing Order No. 989, both as amended (7 CFR part 989), regulating the handling of raisins produced from grapes grown in California, hereinafter referred to as the ``order.'' The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.'' This proposed rule is also issued under section 8e of 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 commodities. The Department of Agriculture (USDA) is issuing this proposed rule in conformance with Executive Orders 12866, 13563, and 13175. This proposed rule has been reviewed under Executive Order 12988, Civil Justice Reform. This proposed rule is not intended to have retroactive effect. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. A handler is afforded the opportunity for a hearing on the petition. After the hearing, USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. 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 proposal invites comments on the removal of the term ``midget'' from Sec. 989.702(a) of the order and Sec. 999.300(b)(1) of the import regulations. This action would make the order and the import regulations consistent with the recent change to the standards. The Committee unanimously recommended that the term ``midget'' be removed from the order at a meeting on June 26, 2014. At a subsequent meeting on August 14, 2014, the committee also unanimously recommended that the word ``midget'' be removed from the standards. As required under the Act, the import regulations must be consistent with the changes to the order. In this instance, the order must be consistent with changes to the standards. Paragraph (a) of Sec. 989.702 of the order specifies minimum grade standards for packed Natural (sun-dried) Seedless (NS) raisins, requiring that small (midget)-sized raisins shall meet U.S. Grade C tolerances with respect to pieces of stem, and underdeveloped and substandard raisins. The word ``midget'' is redundant to the term ``small,'' and its removal is insignificant. Pursuant to the recommendation of the Committee and consistent with the recent amendment of the standards, the word ``midget'' is proposed to be removed from the order language. The Committee's recommendation to delete the word ``midget'' from the order and the standards necessitates a corresponding change to the import requirements. Under the raisin import regulations, in paragraph (b)(1) of Sec. 999.300, raisins imported into the United States are required to meet the same or comparable grade, size, quality, or maturity requirements as those in effect for the domestically-produced commodities, when such commodities are regulated under an order. With the removal of the word ``midget'' from both the standards and the order, removal of ``midget'' is required under the import regulations. Removal of the word ``midget'' should not impact the application of the order or the import regulations, since the word ``midget'' is redundant and appears in parentheses after the word ``small.'' Thus, removing the word ``midget'' has no effect on interpretation of the order or the import regulations; and, therefore, has no effect on raisin importers. The final rule removing the word ``midget'' from the standards was published in the Federal Register on June 23, 2016 (81 FR 40779). Thus, this proposal would make the order and the import regulations consistent with the standards, as recently revised. Initial 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 initial regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of businesses 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. There are approximately 3,000 California raisin producers and 24 handlers subject to regulation under the marketing order. The Small Business Administration defines small agricultural producers as those having annual receipts less than $750,000, and defines small agricultural service firms, such as handlers and importers, as those whose annual receipts are less than $7,500,000. (13 CFR 121.201.) Based on shipment data and other information provided by the Committee, most producers and approximately 13 handlers of California raisins may be classified as small entities. This action should not have any impact on handlers' or growers' benefits or costs. There are approximately 52 raisins importers. This action should not have any impact on importers' costs. This proposal would remove the word ``midget'' from the order regulations in Sec. 989.702(a) and from the import regulations in Sec. 999.300(b)(1), bringing the order and the import regulations into conformance with the recent amendment to the standards. AMS is committed to complying with the E-Government Act, to promote the [[Page 63725]] use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the order's information collection requirements have been previously approved by the Office of Management and Budget (OMB) and assigned OMB No. 0581-0178, ``Vegetable and Specialty Crops.'' No changes in those requirements as a result of this action are necessary. Should any changes become necessary, they would be submitted to OMB for approval. This proposed rule would not impose any additional reporting or recordkeeping requirements on either large or small raisin handlers or on raisin importers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. In addition, USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with this proposal. Further, the Committee's meetings were widely publicized throughout the California raisin industry and all interested persons were invited to attend the meetings and encouraged to participate in Committee deliberations on all issues. Like all Committee meetings, the June 26, 2014, and August 14, 2014, meetings were public meetings and all entities, both large and small, were encouraged to express their views on this issue. Finally, interested persons are invited to submit comments on this proposed rule, including the regulatory and informational impacts of this action on small businesses. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: www.ams.usda.gov/MarketingOrdersSmallBusinessGuide. Any questions about the compliance guide should be sent to Richard Lower at the previously- mentioned address in the FOR FURTHER INFORMATION CONTACT section. A 30-day comment period is provided to allow interested persons to respond to this proposal. Thirty days is deemed appropriate because: (1) This proposed rule should be implemented as soon as possible since the standards have already been amended; (2) the Committee discussed this change at two public meetings, and unanimously recommended it; and (3) the proposed change is insignificant and should not impact handlers or importers. All written comments received during the comment period will be considered before a final determination is made on this matter. List of Subjects 7 CFR Part 989 Grape, Marketing agreements, Raisins, Reporting and recordkeeping requirements. 7 CFR Part 999 Dates, Filberts, Food grades and standards, Imports, Nuts, Prunes, Raisins, Reporting and recordkeeping requirements, Walnuts. For the reasons set forth in the preamble, 7 CFR parts 989 and 999 are proposed to be amended as follows: PART 989--RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA 0 1. The authority citation for 7 CFR part 989 continues to read as follows: Authority: 7 U.S.C. 601-674. Sec. 989.702 Minimum grade standards for packed raisins. 0 2. Paragraph (a) of Sec. 989.702 is amended by removing the word ``midget.'' PART 999--SPECIALTY CROPS; IMPORT REGULATIONS 0 3. The authority citation for 7 CFR part 999 continues to read as follows: Authority: 7 U.S.C. 601-674. 0 4. Paragraph (b)(1) of Sec. 999.300 is amended by removing the word ``midget.'' Dated: September 12, 2016. Elanor Starmer, Administrator, Agricultural Marketing Service. [FR Doc. 2016-22270 Filed 9-15-16; 8:45 am] BILLING CODE P
![Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Proposed Rules 63723
Following analysis of any comments would not effectively carry out the Dated: September 12, 2016.
received on the proposed amendment, declared policy of the Act; Elanor Starmer,
AMS will evaluate all available 4. The marketing order as hereby Administrator, Agricultural Marketing
information and determine whether to proposed to be amended prescribes, Service.
proceed. If appropriate, a proposed rule insofar as practicable, such different [FR Doc. 2016–22247 Filed 9–15–16; 8:45 am]
and referendum order would be issued, terms applicable to different parts of the BILLING CODE 3410–02–P
and producers would be provided the
production area as are necessary to give
opportunity to vote for or against the
due recognition to the differences in the
proposed amendment. Information DEPARTMENT OF AGRICULTURE
production and marketing of walnuts
about the referendum, including dates
and voter eligibility requirements, produced or packed in the production Agricultural Marketing Service
would be published in a future issue of area; and
the Federal Register. A final rule would 5. All handling of walnuts produced 7 CFR Parts 989 and 999
then be issued to effectuate the or packed in the production area as [Doc. No. AMS–SC–16–0065; SC16–989–2
amendment if favored by producers defined in the marketing order is in the PR]
participating in the referendum. current of interstate or foreign
AMS is committed to complying with commerce or directly burdens, Raisins Produced From Grapes Grown
the E-Government Act to promote the obstructs, or affects such commerce. in California and Imported Raisins;
use of the internet and other Removal of Language
A 60-day comment period is provided
information technologies, to provide
to allow interested persons to respond AGENCY: Agricultural Marketing Service,
increased opportunities for citizen
access to Government information and to the proposal. Any comments received USDA.
services, and for other purposes. on the amendment proposed in this rule ACTION: Proposed rule.
USDA has not identified any relevant will be analyzed, and if AMS
determines to proceed based on all the SUMMARY: This proposed rule invites
Federal rules that duplicate, overlap, or comments on a recommendation by the
conflict with this action. A small information presented, a producer
referendum would be conducted to Raisin Administrative Committee
business guide on complying with fruit, (Committee) to the remove the term
vegetable, and specialty crop marketing determine producer support for the
proposed amendment. If appropriate, a ‘‘midget’’ from the minimum grade
agreements and orders may be viewed standards of the California raisin
at: http://www.ams.usda.gov/ final rule would then be issued to
marketing order (order). The marketing
MarketingOrdersSmallBusinessGuide. effectuate the amendment favored by
order regulates the handling of raisins
Any questions about the compliance producers participating in the
produced from grapes grown in
guide should be sent to Antoinette referendum.
California, and is administered locally
Carter at the previously mentioned List of Subjects in 7 CFR Part 984 by the Committee. Recently, the U.S.
address in the FOR FURTHER INFORMATION Standards for Grades of Processed
CONTACT section. Marketing agreements, Nuts, Raisins (standards) were amended to
General Findings Reporting and recordkeeping remove the word ‘‘midget.’’ The
requirements, Walnuts. proposed change would make the
The findings hereinafter set forth are
For the reasons set forth in the marketing order consistent with the
supplementary to the findings and
preamble, 7 CFR part 984 is proposed to amended standards. Furthermore, this
determinations which were previously
be amended as follows: rule would make a corresponding
made in connection with the issuance of
change to the raisin import regulation as
the marketing order; and all said
PART 984—WALNUTS GROWN IN required by the Agricultural Marketing
previous findings and determinations
CALIFORNIA Agreement Act of 1937, as amended,
are hereby ratified and affirmed, except
when changes are made to the size,
insofar as such findings and
grade, maturity, or quality requirements
determinations may be in conflict with ■ 1. The authority citation for 7 CFR
of the order.
the findings and determinations set part 984 continues to read as follows:
forth herein. DATES: Comments must be received by
Authority: 7 U.S.C. 601–674. October 17, 2016.
1. The marketing order as hereby
proposed to be amended, and all of the ■ 2. Amend § 984.69 by redesignating ADDRESSES: Interested persons are
terms and conditions thereof, would paragraph (d) as (e) and adding a new invited to submit written comments
tend to effectuate the declared policy of paragraph (d) to read as follows: concerning this proposal. Comments
the Act; must be sent to the Docket Clerk,
2. The marketing order as hereby § 984.69 Assessments. Marketing Order and Agreement
proposed to be amended regulates the * * * * * Division, Specialty Crops Program,
handling of walnuts grown in California AMS, USDA, 1400 Independence
(d) To provide funds for the Avenue SW., STOP 0237, Washington,
and is applicable only to persons in the
respective classes of commercial and administration of the provisions of this DC 20250–0237; Fax: (202) 720–8938; or
industrial activity specified in the part during the part of a fiscal period Internet: http://www.regulations.gov. All
marketing order; when neither sufficient operating comments should reference the docket
3. The marketing order as hereby reserve funds nor sufficient revenue number and the date and page number
Lhorne on DSK30JT082PROD with PROPOSALS
proposed to be amended is limited in from assessments on the current of this issue of the Federal Register and
application to the smallest regional season’s certifications are available, the will be made available for public
production area which is practicable, Board may accept payment of inspection in the Office of the Docket
consistent with carrying out the assessments in advance or may borrow Clerk during regular business hours, or
declared policy of the Act, and the money from a commercial lending can be viewed on the Internet at: http://
issuance of several orders applicable to institution for such purposes. www.regulations.gov. All comments
subdivisions of the production area * * * * * submitted in response to this proposal
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![Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Proposed Rules 63725
use of the Internet and other written comments received during the Notice of proposed rulemaking
ACTION:
information technologies to provide comment period will be considered (NPRM).
increased opportunities for citizen before a final determination is made on
access to Government information and this matter. SUMMARY: We propose to adopt a new
services, and for other purposes. airworthiness directive (AD) for certain
In accordance with the Paperwork List of Subjects Mitsubishi Heavy Industries, Ltd.
Reduction Act of 1995 (44 U.S.C. 7 CFR Part 989 Models MU–2B–10, MU–2B–15, MU–
Chapter 35), the order’s information 2B–20, MU–2B–25, MU–2B–26, MU–
Grape, Marketing agreements, Raisins, 2B–26A, MU–2B–30, MU–2B–35, MU–
collection requirements have been
previously approved by the Office of Reporting and recordkeeping 2B–36, MU–2B–36A, MU–2B–40, and
Management and Budget (OMB) and requirements. MU–2B–60 airplanes. This proposed AD
assigned OMB No. 0581–0178, 7 CFR Part 999 results from mandatory continuing
‘‘Vegetable and Specialty Crops.’’ No airworthiness information (MCAI)
Dates, Filberts, Food grades and originated by an aviation authority of
changes in those requirements as a
standards, Imports, Nuts, Prunes, another country to identify and correct
result of this action are necessary.
Raisins, Reporting and recordkeeping an unsafe condition on an aviation
Should any changes become necessary,
requirements, Walnuts. product. The MCAI describes the unsafe
they would be submitted to OMB for
approval. For the reasons set forth in the condition as reports of cracks found in
This proposed rule would not impose preamble, 7 CFR parts 989 and 999 are the wing spacer plates. We are issuing
any additional reporting or proposed to be amended as follows: this proposed AD to require actions to
recordkeeping requirements on either detect and correct cracks in the wing
large or small raisin handlers or on PART 989—RAISINS PRODUCED spacer plates, which could result in
raisin importers. As with all Federal FROM GRAPES GROWN IN reduced structural integrity of the wings
marketing order programs, reports and CALIFORNIA and loss of control.
forms are periodically reviewed to DATES: We must receive comments on
■ 1. The authority citation for 7 CFR
reduce information requirements and this proposed AD by October 31, 2016.
part 989 continues to read as follows:
duplication by industry and public ADDRESSES: You may send comments by
sector agencies. In addition, USDA has Authority: 7 U.S.C. 601–674. any of the following methods:
not identified any relevant Federal rules § 989.702 Minimum grade standards for • Federal eRulemaking Portal: Go to
that duplicate, overlap or conflict with packed raisins. http://www.regulations.gov. Follow the
this proposal. instructions for submitting comments.
■ 2. Paragraph (a) of § 989.702 is
Further, the Committee’s meetings • Fax: (202) 493–2251.
amended by removing the word
were widely publicized throughout the • Mail: U.S. Department of
California raisin industry and all ‘‘midget.’’
Transportation, Docket Operations,
interested persons were invited to M–30, West Building Ground Floor,
PART 999—SPECIALTY CROPS;
attend the meetings and encouraged to Room W12–140, 1200 New Jersey
IMPORT REGULATIONS
participate in Committee deliberations Avenue SE., Washington, DC 20590.
on all issues. Like all Committee ■ 3. The authority citation for 7 CFR • Hand Delivery: U.S. Department of
meetings, the June 26, 2014, and August part 999 continues to read as follows: Transportation, Docket Operations,
14, 2014, meetings were public meetings Authority: 7 U.S.C. 601–674. M–30, West Building Ground Floor,
and all entities, both large and small, Room W12–140, 1200 New Jersey
were encouraged to express their views ■ 4. Paragraph (b)(1) of § 999.300 is Avenue SE., Washington, DC 20590,
on this issue. Finally, interested persons amended by removing the word between 9 a.m. and 5 p.m., Monday
are invited to submit comments on this ‘‘midget.’’ through Friday, except Federal holidays.
proposed rule, including the regulatory Dated: September 12, 2016. For service information identified in
and informational impacts of this action Elanor Starmer, this proposed AD, contact Mitsubishi
on small businesses. Administrator, Agricultural Marketing Heavy Industries America, Inc., c/o
A small business guide on complying Service. Turbine Aircraft Services, Inc., 4550
with fruit, vegetable, and specialty crop [FR Doc. 2016–22270 Filed 9–15–16; 8:45 am] Jimmy Doolittle Drive, Addison, Texas
marketing agreements and orders may 75001; telephone: (972) 248–3108, ext.
BILLING CODE P
be viewed at: www.ams.usda.gov/ 209; fax: (972) 248–3321; Internet:
MarketingOrdersSmallBusinessGuide. http://mu-2aircraft.com. You may
Any questions about the compliance review this referenced service
guide should be sent to Richard Lower DEPARTMENT OF TRANSPORTATION information at the FAA, Small Airplane
at the previously-mentioned address in Directorate, 901 Locust, Kansas City,
the FOR FURTHER INFORMATION CONTACT Federal Aviation Administration Missouri 64106. For information on the
section. availability of this material at the FAA,
A 30-day comment period is provided 14 CFR Part 39 call (816) 329–4148.
to allow interested persons to respond
to this proposal. Thirty days is deemed [Docket No. FAA–2016–9139; Directorate Examining the AD Docket
appropriate because: (1) This proposed Identifier 2016–CE–023–AD] You may examine the AD docket on
rule should be implemented as soon as the Internet at http://
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possible since the standards have RIN 2120–AA64 www.regulations.gov by searching for
already been amended; (2) the Airworthiness Directives; Mitsubishi and locating Docket No. FAA–2016–
Committee discussed this change at two Heavy Industries, Ltd. Airplanes 9139; or in person at the Docket
public meetings, and unanimously Management Facility between 9 a.m.
recommended it; and (3) the proposed AGENCY: Federal Aviation and 5 p.m., Monday through Friday,
change is insignificant and should not Administration (FAA), Department of except Federal holidays. The AD docket
impact handlers or importers. All Transportation (DOT). contains this proposed AD, the
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Document Created: 2016-09-16 00:26:03
Document Modified: 2016-09-16 00:26:03
| 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 received by October 17, 2016. | |
| Contact | Maria Stobbe, Marketing Specialist, or Jeffery Smutny, Regional Director, California Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (559) 487-5901, Fax: (559) 487-5906, or Email: [email protected] or [email protected] | |
| FR Citation | 81 FR 63723 | |
| CFR Citation | 7
CFR
989 7 CFR 999 | |
| CFR Associated | Grape; Marketing Agreements; Raisins; Reporting and Recordkeeping Requirements; Dates; Filberts; Food Grades and Standards; Imports; Nuts; Prunes and Walnuts |
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