81_FR_84627 81 FR 84401 - Raisins Produced From Grapes Grown in California and Imported Raisins; Removal of Language

81 FR 84401 - Raisins Produced From Grapes Grown in California and Imported Raisins; Removal of Language

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 81, Issue 226 (November 23, 2016)

Page Range84401-84403
FR Document2016-28251

This rule removes language from the California raisin marketing order's minimum grade standards and the import regulations' grade and size requirements. The marketing order regulates the handling of raisins produced from grapes grown in California, and is administered locally by the Raisin Administrative Committee (committee). The change to the import regulations is required under section 8e of the Agricultural Marketing Agreement Act of 1937, as amended. Recently, the U.S. Standards for Grades of Processed Raisins (standards) were amended to remove the word ``midget.'' This rule makes the marketing order and the import regulations consistent with the amended standards.

Federal Register, Volume 81 Issue 226 (Wednesday, November 23, 2016)
[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)]
[Rules and Regulations]
[Pages 84401-84403]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28251]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 989 and 999

[Doc. No. AMS-SC-16-0065; SC16-989-2 FR]


Raisins Produced From Grapes Grown in California and Imported 
Raisins; Removal of Language

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule removes language from the California raisin 
marketing order's minimum grade standards and the import regulations' 
grade and size requirements. The marketing order regulates the handling 
of raisins produced from grapes grown in California, and is 
administered locally by the Raisin Administrative Committee 
(committee). The change to the import regulations is required under 
section 8e of the Agricultural Marketing Agreement Act of 1937, as 
amended. Recently, the U.S. Standards for Grades of Processed Raisins 
(standards) were amended to remove the word ``midget.'' This rule makes 
the marketing order and the import regulations consistent with the 
amended standards.

DATES: Effective November 25, 2016.

FOR FURTHER INFORMATION CONTACT: Maria Stobbe, Marketing Specialist, or 
Jeffrey 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: 
Maria.Stobbe@ams.usda.gov or Jeffrey.Smutny@ams.usda.gov.
    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: Richard.Lower@ams.usda.gov.

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing 
Agreement and 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 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 rule in 
conformance with Executive Orders 12866, 13563, and 13175.
    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This 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 rule removes the term ``midget'' from Sec.  989.702(a) of the 
order and

[[Page 84402]]

Sec.  999.300(b)(1) of the import regulations. This will make the order 
and the import regulations consistent with the recent changes 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 also be 
consistent with changes to the standards.
    Paragraph (a) of section 989.702 of the order specifies minimum 
grade standards for packed Natural (sun-dried) Seedless (NS) raisins, 
requiring that ``small (midget)'' sizes of raisins shall meet U.S. 
Grade C tolerances with respect to pieces of stem, and underdeveloped 
and substandard raisins. The word ``midget'' is redundant with 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 removed 
from the order language.
    The committee's recommendations 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 section 
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 rule will make the order and the import regulations consistent 
with the standards, as recently revised.

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 
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 producers of California raisins and 
approximately 24 handlers subject to regulation under the marketing 
order. There are approximately 52 importers of raisins as well.
    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.)
    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 is very limited information on the 52 importers. This action 
should not have any impact on importers' costs.
    This rule removes the word ``midget'' from the order regulations in 
section 989.702(a) and from the import regulations in section 
999.300(b)(1), bringing the order and the import regulations into 
conformance with the recent amendment to the standards.
    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 rule will 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 final rule.
    AMS is committed to complying with the E-Government Act, to promote 
the use of the Internet and other information technologies to provide 
increased opportunities for citizen access to Government information 
and services, and for other purposes.
    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.
    A proposed rule was published in the Federal Register on September 
16, 2016 (81 FR 63723). Copies of the rule were provided to California 
raisin handlers and committee members. Finally, the rule was made 
available through the Internet by USDA and the Office of the Federal 
Register. A 30-day comment period ending October 17, 2016, was provided 
for interested persons to respond to the proposal. One supportive 
comment was received. Accordingly, no changes are being made to the 
rule.
    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/rules-regulations/moa/small-businesses. Any questions 
about the compliance guide should be sent to Richard Lower 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 this action.
    After consideration of all relevant material presented, including 
the information and recommendation submitted by the committee and other

[[Page 84403]]

available information, it is hereby found that this rule, as 
hereinafter set forth, will tend to effectuate the declared policy of 
the Act.
    Pursuant to 5 U.S.C. 553, it is also found and determined that good 
cause exists for not postponing the effective date of this rule until 
30 days after publication in the Federal Register because 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 handlers or raisin 
importers. Further, handlers are aware of this rule, which was 
recommended at two public meetings. Also, a 30-day comment period was 
provided for in the proposed rule.

List of Subjects

7 CFR Part 989

    Grapes, 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 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   [Amended]

0
2. Paragraph (a) of Sec.  989.702 is amended by removing ``small 
(midget-sized)'' and adding ``small sized'' in its place.

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 '' small 
(midget) sized'' and adding ``small sized'' in its place.

    Dated: November 18, 2016.
Elanor Starmer,
Administrator, Agricultural Marketing Service.
[FR Doc. 2016-28251 Filed 11-22-16; 8:45 am]
 BILLING CODE 3410-02-P



                                                             Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations                                          84401

                                                coverage if such additional coverage is                 When a portion of the insurable acreage               regulation by contacting Richard Lower,
                                                specified in the actuarial documents.                   within the unit is prevented from being               Marketing Order and Agreement
                                                ■ 23. Amend § 457.161 as follows:                       planted, and there is more than one base              Division, Specialty Crops Program,
                                                ■ a. Revise the first sentence of the                   contract price applicable to acreage in               AMS, USDA, 1400 Independence
                                                introductory text; and                                  the unit, the lowest base contract price              Avenue SW., STOP 0237, Washington,
                                                ■ b. Revise section 14.                                 will be used in calculating any                       DC 20250–0237; Telephone: (202) 720–
                                                  The revisions read as follows:                        prevented planting payment. If you have               2491, Fax: (202) 720–8938, or Email:
                                                                                                        additional levels of coverage and pay an              Richard.Lower@ams.usda.gov.
                                                § 457.161 Canola and rapeseed crop                      additional premium, you may increase
                                                insurance provisions.                                                                                         SUPPLEMENTARY INFORMATION: This rule
                                                                                                        your prevented planting coverage if                   is issued under Marketing Agreement
                                                  The Canola and Rapeseed Crop                          such additional coverage is specified in              and Order No. 989, both as amended (7
                                                Insurance Provisions for the 2017 and                   the actuarial documents.                              CFR part 989), regulating the handling
                                                succeeding crop years in counties with
                                                                                                          Dated: November 10, 2016.                           of raisins produced from grapes grown
                                                a contract change date of November 30,
                                                                                                        Brandon Willis,                                       in California, hereinafter referred to as
                                                and for the 2018 and succeeding crop
                                                                                                        Manager, Federal Crop Insurance                       the ‘‘order.’’ The order is effective under
                                                years in counties with a contract change
                                                                                                        Corporation.                                          the Agricultural Marketing Agreement
                                                date of June 30, are as follows:
                                                                                                        [FR Doc. 2016–27720 Filed 11–22–16; 8:45 am]          Act of 1937, as amended (7 U.S.C. 601–
                                                *     *     *    *      *                                                                                     674), hereinafter referred to as the
                                                                                                        BILLING CODE 3410–08–P
                                                14. Prevented Planting                                                                                        ‘‘Act.’’
                                                                                                                                                                 This rule is also issued under section
                                                  Your prevented planting coverage will
                                                                                                        DEPARTMENT OF AGRICULTURE                             8e of the Act, which provides that
                                                be a percentage specified in the
                                                                                                                                                              whenever certain specified
                                                actuarial documents of your production
                                                                                                        Agricultural Marketing Service                        commodities, including raisins, are
                                                guarantee for timely planted acreage. If
                                                                                                                                                              regulated under a Federal marketing
                                                you have additional coverage and pay
                                                                                                        7 CFR Parts 989 and 999                               order, imports of these commodities
                                                an additional premium, you may
                                                                                                                                                              into the United States are prohibited
                                                increase your prevented planting                        [Doc. No. AMS–SC–16–0065; SC16–989–2
                                                                                                        FR]                                                   unless they meet the same or
                                                coverage if such additional coverage is
                                                                                                                                                              comparable grade, size, quality, or
                                                specified in the actuarial documents.
                                                                                                        Raisins Produced From Grapes Grown                    maturity requirements as those in effect
                                                ■ 24. Amend § 457.165 as follows:                                                                             for the domestically-produced
                                                ■ a. Revise the first sentence of the
                                                                                                        in California and Imported Raisins;
                                                                                                        Removal of Language                                   commodities.
                                                introductory text; and                                                                                           The Department of Agriculture
                                                ■ b. Revise section 12.                                 AGENCY:  Agricultural Marketing Service,              (USDA) is issuing this rule in
                                                  The revisions read as follows:                        USDA.                                                 conformance with Executive Orders
                                                § 457.165   Millet crop insurance provisions.           ACTION: Final rule.                                   12866, 13563, and 13175.
                                                  The Millet Crop Insurance Provisions                                                                           This final rule has been reviewed
                                                                                                        SUMMARY:   This rule removes language                 under Executive Order 12988, Civil
                                                for the 2017 and succeeding crop years                  from the California raisin marketing
                                                are as follows:                                                                                               Justice Reform. This rule is not intended
                                                                                                        order’s minimum grade standards and                   to have retroactive effect.
                                                *     *     *   *     *                                 the import regulations’ grade and size                   The Act provides that administrative
                                                12. Prevented Planting                                  requirements. The marketing order                     proceedings must be exhausted before
                                                                                                        regulates the handling of raisins                     parties may file suit in court. Under
                                                  Your prevented planting coverage will                 produced from grapes grown in
                                                be a percentage specified in the                                                                              section 608c(15)(A) of the Act, any
                                                                                                        California, and is administered locally               handler subject to an order may file
                                                actuarial documents of your production                  by the Raisin Administrative Committee
                                                guarantee for timely planted acreage. If                                                                      with USDA a petition stating that the
                                                                                                        (committee). The change to the import                 order, any provision of the order, or any
                                                you have additional levels of coverage                  regulations is required under section 8e
                                                and pay an additional premium, you                                                                            obligation imposed in connection with
                                                                                                        of the Agricultural Marketing                         the order is not in accordance with law
                                                may increase your prevented planting                    Agreement Act of 1937, as amended.
                                                coverage if such additional coverage is                                                                       and request a modification of the order
                                                                                                        Recently, the U.S. Standards for Grades               or to be exempted therefrom. A handler
                                                specified in the actuarial documents.                   of Processed Raisins (standards) were                 is afforded the opportunity for a hearing
                                                ■ 25. Amend § 457.168 as follows:                       amended to remove the word ‘‘midget.’’
                                                ■ a. Revise the first sentence of the
                                                                                                                                                              on the petition. After the hearing, USDA
                                                                                                        This rule makes the marketing order and               would rule on the petition. The Act
                                                introductory text; and                                  the import regulations consistent with
                                                ■ b. Revise section 15.
                                                                                                                                                              provides that the district court of the
                                                                                                        the amended standards.                                United States in any district in which
                                                  The revisions read as follows:
                                                                                                        DATES: Effective November 25, 2016.                   the handler is an inhabitant, or has his
                                                § 457.168 Mustard crop insurance                        FOR FURTHER INFORMATION CONTACT:                      or her principal place of business, has
                                                provisions.                                             Maria Stobbe, Marketing Specialist, or                jurisdiction to review USDA’s ruling on
                                                  The Mustard Crop Insurance                            Jeffrey Smutny, Regional Director,                    the petition, provided an action is filed
                                                Provisions for the 2017 and succeeding                  California Marketing Field Office,                    not later than 20 days after the date of
                                                crop years are as follows:                              Marketing Order and Agreement                         the entry of the ruling.
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                                                *    *     *     *     *                                Division, Specialty Crops Program,                       There are no administrative
                                                                                                        AMS, USDA; Telephone: (559) 487–                      procedures which must be exhausted
                                                15. Prevented Planting                                  5901, Fax: (559) 487–5906, or Email:                  prior to any judicial challenge to the
                                                  Your prevented planting coverage will                 Maria.Stobbe@ams.usda.gov or                          provisions of import regulations issued
                                                be a percentage specified in the                        Jeffrey.Smutny@ams.usda.gov.                          under section 8e of the Act.
                                                actuarial documents of your production                     Small businesses may request                          This rule removes the term ‘‘midget’’
                                                guarantee for timely planted acreage.                   information on complying with this                    from § 989.702(a) of the order and


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                                                84402        Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations

                                                § 999.300(b)(1) of the import                           Final Regulatory Flexibility Analysis                 ‘‘Vegetable and Specialty Crops.’’ No
                                                regulations. This will make the order                      Pursuant to requirements set forth in              changes in those requirements as a
                                                and the import regulations consistent                   the Regulatory Flexibility Act (RFA), the             result of this action are necessary.
                                                with the recent changes to the                          Agricultural Marketing Service (AMS)                  Should any changes become necessary,
                                                standards.                                              has considered the economic impact of                 they would be submitted to OMB for
                                                   The committee unanimously                                                                                  approval.
                                                                                                        this action on small entities.
                                                recommended that the term ‘‘midget’’ be                                                                          This rule will not impose any
                                                                                                        Accordingly, AMS has prepared this
                                                removed from the order at a meeting on                                                                        additional reporting or recordkeeping
                                                                                                        final regulatory flexibility analysis.
                                                June 26, 2014. At a subsequent meeting                                                                        requirements on either large or small
                                                                                                           The purpose of the RFA is to fit
                                                on August 14, 2014, the committee also                                                                        raisin handlers or on raisin importers.
                                                                                                        regulatory actions to the scale of
                                                unanimously recommended that the                                                                              As with all Federal marketing order
                                                                                                        businesses subject to such actions in
                                                word ‘‘midget’’ be removed from the                                                                           programs, reports and forms are
                                                                                                        order that small businesses will not be
                                                standards. As required under the Act,                                                                         periodically reviewed to reduce
                                                                                                        unduly or disproportionately burdened.
                                                the import regulations must be                                                                                information requirements and
                                                                                                        Marketing orders issued pursuant to the               duplication by industry and public
                                                consistent with the changes to the order.
                                                In this instance, the order must also be                Act, and rules issued thereunder, are                 sector agencies. In addition, USDA has
                                                consistent with changes to the                          unique in that they are brought about                 not identified any relevant Federal rules
                                                standards.                                              through group action of essentially                   that duplicate, overlap or conflict with
                                                   Paragraph (a) of section 989.702 of the              small entities acting on their own                    this final rule.
                                                order specifies minimum grade                           behalf.                                                  AMS is committed to complying with
                                                standards for packed Natural (sun-dried)                   There are approximately 3,000                      the E-Government Act, to promote the
                                                Seedless (NS) raisins, requiring that                   producers of California raisins and                   use of the Internet and other
                                                ‘‘small (midget)’’ sizes of raisins shall               approximately 24 handlers subject to                  information technologies to provide
                                                meet U.S. Grade C tolerances with                       regulation under the marketing order.                 increased opportunities for citizen
                                                respect to pieces of stem, and                          There are approximately 52 importers of               access to Government information and
                                                underdeveloped and substandard                          raisins as well.                                      services, and for other purposes.
                                                raisins. The word ‘‘midget’’ is                            The Small Business Administration                     Further, the committee’s meetings
                                                redundant with the term ‘‘small,’’ and                  defines small agricultural producers as               were widely publicized throughout the
                                                its removal is insignificant.                           those having annual receipts less than                California raisin industry and all
                                                   Pursuant to the recommendation of                    $750,000, and defines small agricultural              interested persons were invited to
                                                the committee and consistent with the                   service firms, such as handlers and                   attend the meetings and encouraged to
                                                recent amendment of the standards, the                  importers, as those whose annual                      participate in committee deliberations
                                                word ‘‘midget’’ is removed from the                     receipts are less than $7,500,000. (13                on all issues. Like all committee
                                                order language.                                         CFR 121.201.)                                         meetings, the June 26, 2014, and August
                                                   The committee’s recommendations to                      There are approximately 3,000                      14, 2014, meetings were public meetings
                                                delete the word ‘‘midget’’ from the order               California raisin producers and 24                    and all entities, both large and small,
                                                and the standards necessitates a                        handlers subject to regulation under the              were encouraged to express their views
                                                corresponding change to the import                      marketing order. The Small Business                   on this issue.
                                                requirements.                                           Administration defines small                             A proposed rule was published in the
                                                   Under the raisin import regulations,                 agricultural producers as those having                Federal Register on September 16, 2016
                                                in paragraph (b)(1) of section 999.300,                 annual receipts less than $750,000, and               (81 FR 63723). Copies of the rule were
                                                raisins imported into the United States                 defines small agricultural service firms,             provided to California raisin handlers
                                                are required to meet the same or                        such as handlers and importers, as those              and committee members. Finally, the
                                                comparable grade, size, quality, or                     whose annual receipts are less than                   rule was made available through the
                                                maturity requirements as those in effect                $7,500,000 (13 CFR 121.201).                          Internet by USDA and the Office of the
                                                for the domestically-produced                              Based on shipment data and other                   Federal Register. A 30-day comment
                                                commodities, when such commodities                      information provided by the committee,                period ending October 17, 2016, was
                                                are regulated under an order. With the                  most producers and approximately 13                   provided for interested persons to
                                                removal of the word ‘‘midget’’ from both                handlers of California raisins may be                 respond to the proposal. One supportive
                                                the standards and the order, removal of                 classified as small entities. This action             comment was received. Accordingly, no
                                                ‘‘midget’’ is required under the import                 should not have any impact on                         changes are being made to the rule.
                                                regulations.                                            handlers’ or growers’ benefits or costs.                 A small business guide on complying
                                                   Removal of the word ‘‘midget’’ should                   There is very limited information on               with fruit, vegetable, and specialty crop
                                                not impact the application of the order                 the 52 importers. This action should not              marketing agreements and orders may
                                                or the import regulations, since the                    have any impact on importers’ costs.                  be viewed at: http://www.ams.usda.gov/
                                                word ‘‘midget’’ is redundant and                           This rule removes the word ‘‘midget’’              rules-regulations/moa/small-businesses.
                                                appears in parentheses after the word                   from the order regulations in section                 Any questions about the compliance
                                                ‘‘small.’’ Thus, removing the word                      989.702(a) and from the import                        guide should be sent to Richard Lower
                                                ‘‘midget’’ has no effect on interpretation              regulations in section 999.300(b)(1),                 at the previously-mentioned address in
                                                of the order or the import regulations;                 bringing the order and the import                     the FOR FURTHER INFORMATION CONTACT
                                                and, therefore, has no effect on raisin                 regulations into conformance with the                 section.
                                                importers.                                              recent amendment to the standards.                       In accordance with section 8e of the
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                                                   The final rule removing the word                        In accordance with the Paperwork                   Act, the United States Trade
                                                ‘‘midget’’ from the standards was                       Reduction Act of 1995 (44 U.S.C.                      Representative has concurred with this
                                                published in the Federal Register on                    Chapter 35), the order’s information                  action.
                                                June 23, 2016 (81 FR 40779). Thus, this                 collection requirements have been                        After consideration of all relevant
                                                rule will make the order and the import                 previously approved by the Office of                  material presented, including the
                                                regulations consistent with the                         Management and Budget (OMB) and                       information and recommendation
                                                standards, as recently revised.                         assigned OMB No. 0581–0178,                           submitted by the committee and other


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                                                             Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations                                                84403

                                                available information, it is hereby found                 Dated: November 18, 2016.                           One of APEC’s business facilitation
                                                that this rule, as hereinafter set forth,               Elanor Starmer,                                       initiatives is the APEC Business Travel
                                                will tend to effectuate the declared                    Administrator, Agricultural Marketing                 Card (ABTC) Program. The operating
                                                policy of the Act.                                      Service.                                              procedures for the ABTC Program are
                                                   Pursuant to 5 U.S.C. 553, it is also                 [FR Doc. 2016–28251 Filed 11–22–16; 8:45 am]          set out in the APEC Business Travel
                                                                                                        BILLING CODE 3410–02–P                                Card Operating Framework (APEC
                                                found and determined that good cause
                                                                                                                                                              Framework).2 Under the ABTC Program,
                                                exists for not postponing the effective
                                                                                                                                                              APEC members can issue cards to
                                                date of this rule until 30 days after                                                                         business travelers and senior
                                                publication in the Federal Register                     DEPARTMENT OF HOMELAND
                                                                                                        SECURITY                                              government officials who meet certain
                                                because removal of the word ‘‘midget’’                                                                        criteria. The cards provide simpler,
                                                should not impact the application of the                                                                      short-term entry procedures within the
                                                                                                        U.S. Customs and Border Protection
                                                order or the import regulations, since                                                                        APEC region.
                                                the word ‘‘midget’’ is redundant and                    8 CFR Parts 103 and 235
                                                appears in parentheses after the word                                                                         B. U.S. Participation in ABTC
                                                ‘‘small.’’ Thus, removing the word                      [Docket No. USCBP–2013–0029; CBP                         On November 12, 2011, President
                                                ‘‘midget’’ has no effect on interpretation              Decision No. 16–20]                                   Obama signed the Asia-Pacific
                                                of the order or the import regulations;                 RIN 1651–AB01                                         Economic Cooperation Business Travel
                                                and, therefore, has no effect on handlers                                                                     Cards Act of 2011 (APEC Act). Public
                                                or raisin importers. Further, handlers                  The U.S. Asia-Pacific Economic                        Law 112–54, 125 Stat. 550. The APEC
                                                are aware of this rule, which was                       Cooperation Business Travel Card                      Act authorizes the Secretary of
                                                recommended at two public meetings.                     Program                                               Homeland Security, in coordination
                                                Also, a 30-day comment period was                                                                             with the Secretary of State, to issue
                                                                                                        AGENCY:  U.S. Customs and Border                      ABTCs through September 30, 2018 to
                                                provided for in the proposed rule.                      Protection; Department of Homeland                    any eligible person, including business
                                                List of Subjects                                        Security.                                             persons and U.S. Government officials
                                                                                                        ACTION: Final rule.                                   actively engaged in APEC business. On
                                                7 CFR Part 989
                                                                                                                                                              May 13, 2014, U.S. Customs and Border
                                                                                                        SUMMARY:   This rule adopts as final, with            Protection (CBP) published an interim
                                                  Grapes, Marketing agreements,
                                                                                                        two changes, interim amendments to the                final rule (IFR) in the Federal Register
                                                Raisins, Reporting and recordkeeping                    Department of Homeland Security’s
                                                requirements.                                                                                                 (79 FR 27161) amending the DHS
                                                                                                        (DHS) regulations published in the                    regulations to establish the U.S. ABTC
                                                7 CFR Part 999                                          Federal Register on May 13, 2014                      Program and an application fee. See 8
                                                                                                        establishing the U.S. Asia-Pacific                    CFR 235.13 and 8 CFR 103.7.
                                                  Dates, Filberts, Food grades and                      Economic Cooperation (APEC) Business                     The IFR became effective on June 12,
                                                standards, Imports, Nuts, Prunes,                       Travel Card Program. The U.S. APEC                    2014 and on that date CBP began issuing
                                                Raisins, Reporting and recordkeeping                    Business Travel Card Program provides                 its own ABTCs (U.S. ABTCs) to
                                                requirements, Walnuts.                                  qualified U.S. business travelers                     qualified U.S. citizens. As provided in
                                                                                                        engaged in business in the APEC region,               the IFR, the U.S. ABTC Program is a
                                                  For the reasons set forth in the                      or U.S. Government officials actively
                                                preamble, 7 CFR parts 989 and 999 are                                                                         voluntary program designed to facilitate
                                                                                                        engaged in APEC business, the ability to              travel for bona fide U.S. business
                                                amended as follows:                                     access fast-track immigration lanes at                persons engaged in business in the
                                                                                                        participating airports in foreign APEC                APEC region and U.S. government
                                                PART 989—RAISINS PRODUCED
                                                                                                        economies.                                            officials actively engaged in APEC
                                                FROM GRAPES GROWN IN
                                                CALIFORNIA                                              DATES: This rule is effective December                business within the APEC region. To
                                                                                                        23, 2016.                                             participate in the program, an
                                                ■ 1. The authority citation for 7 CFR                   FOR FURTHER INFORMATION CONTACT: Mr.                  individual must be an existing member,
                                                part 989 continues to read as follows:                  Garret Conover, Office of Field                       in good standing, of an eligible CBP
                                                                                                        Operations, (202) 325–4062,                           trusted traveler program or be approved
                                                    Authority: 7 U.S.C. 601–674.                                                                              for membership in an eligible CBP
                                                                                                        Garret.A.Conover@cbp.dhs.gov.
                                                § 989.702    [Amended]
                                                                                                                                                              trusted traveler program during the U.S.
                                                                                                        I. Background                                         ABTC application process.3 The
                                                ■ 2. Paragraph (a) of § 989.702 is                      A. The Asia-Pacific Economic                          application process requires the
                                                amended by removing ‘‘small (midget-                    Cooperation Business Travel Card                      applicant to self-certify that he or she is
                                                sized)’’ and adding ‘‘small sized’’ in its              Program                                               a bona fide business person who is
                                                place.                                                                                                        engaged in the trade of goods, the
                                                                                                          The United States is a member of                    provision of services or the conduct of
                                                                                                        APEC, which is an economic forum                      investment activities, or is a U.S.
                                                PART 999—SPECIALTY CROPS;
                                                                                                        comprised of twenty-one members                       Government official actively engaged in
                                                IMPORT REGULATIONS                                      whose primary goal is to support
                                                                                                        sustainable economic growth and                       For simplicity, CBP will generally refer to them in
                                                ■ 3. The authority citation for 7 CFR                   prosperity in the Asia-Pacific region.1               the preamble of this document as APEC members.
mstockstill on DSK3G9T082PROD with RULES




                                                part 999 continues to read as follows:                                                                          2 Although participating members intend to

                                                    Authority: 7 U.S.C. 601–674.                          1 APEC members are also referred to as              follow the operating principles and procedures
                                                                                                        ‘economies’ since the APEC process is primarily       outlined, the document is not legally binding. The
                                                ■ 4. Paragraph (b)(1) of § 999.300 is                   concerned with trade and economic issues with the     most recent version of the APEC Framework is
                                                                                                        members engaging each other as economic entities.     Version 19, dated July 7, 2015.
                                                amended by removing ’’ small (midget)
                                                                                                        The most recently updated list of members is            3 For purposes of the U.S. ABTC Program, eligible
                                                sized’’ and adding ‘‘small sized’’ in its               available at the APEC Web site at www.apec.org/       CBP trusted traveler programs include Global Entry,
                                                place.                                                  About-Us/About-APEC/Member-Economies.aspx.            NEXUS, and SENTRI.



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Document Created: 2016-11-23 05:29:57
Document Modified: 2016-11-23 05:29:57
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective November 25, 2016.
ContactMaria Stobbe, Marketing Specialist, or Jeffrey 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 Citation81 FR 84401 
CFR Citation7 CFR 989
7 CFR 999
CFR AssociatedGrapes; Marketing Agreements; Raisins; Reporting and Recordkeeping Requirements; Dates; Filberts; Food Grades and Standards; Imports; Nuts; Prunes and Walnuts

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