[Federal Register Volume 60, Number 226 (Friday, November 24, 1995)]
[Rules and Regulations]
[Pages 57909-57911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28696]



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DEPARTMENT OF AGRICULTURE
7 CFR Part 999

[FV95-999-1IFR]


Specialty Crops; Import Regulations--Exemption of Brine Dried 
Prunes From Import Requirements

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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SUMMARY: This rule exempts brine dried prunes from import requirements 
by specifying that brine dried prunes do not fall within the definition 
of prunes in the import regulation. This rule is implemented in 
accordance with section 8e of the Agricultural Marketing Agreement Act 
of 1937. Section 8e requires imports of prunes to meet the same or 
comparable requirements as those implemented under the Federal 
Marketing Order No. 993, regulating the handling of dried prunes 
produced in California. The Department has determined that brine dried 
prunes are different than those normally handled by California prune 
handlers and that such prunes shall not be subject to section 8e import 
requirements.

DATES: Effective November 24, 1995. Comments which are received by 
December 26, 1995 will be considered prior to the issuance of a final 
rule.

FOR FURTHER INFORMATION CONTACT: Valerie L. Emmer, Marketing 
Specialist, Marketing Order Administration Branch, Fruit and Vegetable 
Division, AMS, USDA, room 2523-S, P.O. Box 96456, Washington, DC 20090-
6456; telephone: 202-205-2829.

SUPPLEMENTARY INFORMATION: This interim final rule, exempting brine 
dried prunes from import requirements in Sec. 999.200, is issued under 
section 8e of the Agricultural Marketing Agreement Act of 1937, as 
amended (7 U.S.C. 601-674) (Act). Section 8e provides that whenever 
certain specified commodities, including prunes, are regulated under a 
Federal marketing order, imports of those commodities must meet the 
same or comparable grade, size, quality, and maturity requirements as 
those in effect for the domestically produced commodities.
    The Department of Agriculture (Department) is issuing this rule in 
conformance with Executive Order 12866.
    This interim final rule has been reviewed under Executive Order 
12778, Civil Justice Reform. This rule is not intended to have 
retroactive effect. This rule would not preempt any State or local 
laws, regulations, or policies, unless they present an irreconcilable 
conflict with this rule.
    There are no administrative procedures which must be exhausted 
prior to any judicial challenge to the provisions of import regulations 
issued under section 8e of the Act.
    Pursuant to the requirements set forth in the Regulatory 
Flexibility Act (RFA), the Administrator of the Agricultural Marketing 
Service (AMS) has considered the economic impact of this proposed rule 
on small entities.
    The purpose of the RFA is to fit regulatory actions to the scale of 
business subject to such actions in order that small businesses will 
not be unduly or disproportionately burdened. Marketing orders issued 
pursuant to the Act, and rules issued thereunder, are unique in that 
they are brought about through group action of essentially small 
entities acting on their own behalf.
    Import regulations issued under section 8e of the Act are based on 
regulations established under Federal marketing orders for fresh 
fruits, vegetables, and specialty crops, like prunes. Thus, import 
regulations also have small entity orientation and impact both small 
and large business entities in a manner comparable to rules issued 
under such marketing orders.
    There are approximately 10 importers who may be affected by this 
interim final rule. Small agricultural service firms, which include 
importers of dried prunes, have been defined by the Small Business 
Administration (13 CFR 121.601) as those whose annual receipts are less 
than $5,000,000. The majority of these importers may be classified as 
small entities.
    Currently, sulfur-bleached prunes, commonly known as silver prunes, 
and high moisture plums are exempt from import requirements. The 
Department is issuing this rule to add brine dried prunes as an 
additional exemption under the import regulation. Brine dried prunes 
are different in form and character than those prunes handled by 
California handlers, and were never intended to be subject to section 
8e import requirements. Therefore, it is appropriate that they be 
exempted from the dried prune import regulation specified in 
Sec. 999.200. Brine dried prunes are imported under International 
Harmonized Tariff Schedule No. 0813.20.1000. All other prunes handled 
by California handlers are imported under Harmonized Tariff Schedule 
No. 0813.20.2000.
    To exempt brine dried prunes from import regulation requirements, 
the definition of ``prunes'' in paragraph (a)(1) of Sec. 999.200, is 
amended to add brine dried prunes as an exclusion from that definition. 
Brine dried prunes are defined as prunes that have been impregnated 
with brine or salt during the dehydration process to the extent that 
they have lost their form and character as prunes and cannot be 
reconstituted to permit economic use of the individual fruits as 
prunes, and are imported under International Harmonized Tariff Schedule 
No. 0813.20.1000.
    In accordance with section 8e of the Act, the United States Trade 
Representative (USTR) has concurred with the issuance of this interim 
final rule.
    Based on available information, the Administrator of the AMS has 
determined that the issuance of this interim final rule will not have a 
significant economic impact on a substantial number of small entities.
    The information collection requirements contained in the referenced 
section have been previously approved by the Office of Management and 
Budget (OMB) under the provisions of 44 U.S.C. Chapter 35 and have been 
assigned OMB number 0581-0099.
    After consideration of all relevant information presented, it is 
found that the issuance of this rule will tend to effectuate the 
declared policy of the Act.
    Pursuant to 5 U.S.C. 553, it is also found and determined upon good 
cause that it is impracticable, unnecessary and contrary to the public 
interest to give preliminary notice prior to implementing this action 
and that good cause exists for not postponing the effective date of 
this action until 30 days after publication in the Federal Register 
because: (1) This action relaxes requirements on importers of brine 
dried prunes; (2) the only known importer of brine dried prunes is 
aware of this action; and (3) this rule provides a 30-day comment 
period and any comments received will be considered prior to 
finalization of this rule.

List of Subjects in 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 part 999 is 
amended to read as follows:

PART 999--SPECIALTY CROPS; IMPORT REGULATIONS

    1. The authority citation for 7 CFR part 999 continues to read as 
follows:

    Authority: 7 U.S.C. 601-674.

    2. In Sec. 999.200, paragraph (a)(1) is amended by removing the 
word ``and'' 

[[Page 57911]]
after the words, ``silver prunes;'', removing the period after the 
words, ``other artificial means of preservation'' and adding in its 
place the word ``; and'', and adding a new paragraph (a)(1)(iii) to 
read as follows:


Sec. 999.200  Regulation governing the importation of prunes.

* * * * *
    (i) * * *
    (ii) * * *
    (iii) brine dried prunes that have been impregnated with brine or 
salt during the dehydration process to the extent that they have lost 
their form and character as prunes, and cannot be reconstituted to 
permit economic use of the individual fruits as prunes, and are 
imported under International Harmonized Tariff Schedule No. 
0813.20.1000.
* * * * *
    Dated: November 20, 1995.
Sharon Bomer Lauritsen,
Director, Fruit and Vegetable Division.
[FR Doc. 95-28696 Filed 11-22-95; 8:45 am]
BILLING CODE 3410-02-P