[Federal Register Volume 61, Number 188 (Thursday, September 26, 1996)]
[Rules and Regulations]
[Pages 50421-50423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24663]



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 Rules and Regulations
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  Federal Register / Vol. 61, No. 188 / Thursday, September 26, 1996 / 
Rules and Regulations  

[[Page 50421]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 33

[Docket No. FV-96-33-1 IFR]


Regulations Issued Under the Export Apple and Pear Act; 
Relaxation of Grade Requirements for Apples and Pears Shipped to 
Pacific Ports of Russia

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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SUMMARY: This document relaxes the minimum grade requirements issued 
under the Export Apple and Pear Act for U.S.-grown apples and pears 
shipped to Pacific ports of Russia. Container marking provisions also 
are relaxed for such shipments. These changes are designed to develop 
Eastern Russia as an export market for apples and pears. This rule was 
recommended by the Northwest Horticultural Council (Council), an 
organization representing the Northwest fruit industry.

DATES: Effective September 27, 1996. Comments must be received by 
October 28, 1996.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this rule. Comments must be sent in triplicate to the Docket 
Clerk, Fruit and Vegetable Division, AMS, USDA, Room 2525-S, PO Box 
96456, Washington, DC 20090-6456, Fax # (202) 720-5698. 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.

FOR FURTHER INFORMATION CONTACT: Dennis L. West, Marketing Specialist, 
Northwest Marketing Field Office, Marketing Order Administration 
Branch, Fruit and Vegetable Division, AMS, USDA, 1220 SW Third Avenue, 
room 369, Portland, Oregon 97204-2807; telephone: (503) 326-2724, Fax # 
(503) 326-7440; or William R. Addington, Marketing Specialist, 
Marketing Order Administration Branch, Fruit and Vegetable Division, 
AMS, USDA, PO Box 96456, room 2523-S, Washington, DC 20090-6456; 
telephone: (202) 720-2412, Fax # (202) 720-5698. Small businesses may 
request information on compliance with this regulation by contacting: 
Jay Guerber, Marketing Order Administration Branch, Fruit and Vegetable 
Division, AMS, USDA, PO Box 96456, room 2523-S, Washington, DC 20090-
6456; telephone: (202) 720-2491, Fax # (202) 720-5698.

SUPPLEMENTARY INFORMATION: This interim final rule is issued under 
authority of the Export Apple and Pear Act, as amended, (7 U.S.C. 581-
590), hereinafter referred to as the ``Act.'' This rule will amend 
``Regulations Issued Under Authority of the Export Apple and Pear Act'' 
(7 CFR part 33).
    The Department of Agriculture (Department) is issuing this rule in 
conformance with Executive Order 12866.
    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule is not intended to have retroactive effect. 
This rule will 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 this rule.
    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. 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.
    The Act and regulations effective thereunder apply to exporters and 
export carriers of apples and pears. In the United States, there are 
approximately 450 firms which pack and export apples and 300 firms 
which pack and export pears that are potentially subject to regulations 
under the authority of the Act. Small agricultural service firms, which 
include firms that pack and export apples and pears, have been defined 
by the Small Business Administration (13 CFR 121.601) as those having 
annual receipts of less than $5,000,000. The majority of apple and pear 
exporters regulated under the Act may be classified as small entities. 
This interim final rule invites comments on changes to the regulations 
currently issued under the Act. This rule relaxes the minimum grade 
requirements issued under the Act for U.S.-grown apples and pears only 
shipped to Pacific ports of Russia. Container marking provisions also 
are relaxed for such shipments. This rule will provide all exporters 
additional flexibility in marketing apples and pears of different 
grades and quality in Russian port cities and areas along the Pacific 
Ocean. These changes are designed to develop export markets for apples 
and pears in these areas. This rule does not preclude shipments of 
apples and pears of higher than the minimum quality from being shipped 
to Russian Pacific ports. This should benefit both large and small 
exporters of apples and pears. Therefore, the AMS has determined that 
this action will not have a significant economic impact on a 
substantial number of small entities. Interested persons are invited to 
submit information on the regulatory and informational impacts of this 
action on small businesses.
    Section 33.10 of the ``Regulations Issued Under Authority of the 
Export Apple and Pear Act'' establishes minimum grade and container 
marking requirements for export shipments of apples and pears. 
Currently, export shipments of apples must meet a minimum grade of U.S. 
No. 1 or U.S. No. 1 Early as specified in the United States Standards 
for Apples (7 CFR part 51, Secs. 51.300-51.323). Exports of summer and 
fall pears must meet a minimum grade of U.S. No. 2 as specified in the 
United States Standards for Summer and Fall Pears (7 CFR part 51, 
Secs. 51.1260-51.1280). Exports of winter pears also must meet the 
minimum grade of U.S. No. 2 as specified in the United States Standards 
for Winter Pears (7 CFR part 51, Secs. 51.1300-51.1323). Additional 
restrictions for apple maggot and San Jose scale apply to both apples 
and pears.

[[Page 50422]]

    This rule reduces the minimum grade requirements as follows.
    The minimum grade for fresh apples exported to Russian Pacific 
ports is reduced to U.S. Utility grade (7 CFR part 51, Sec. 51.303) or 
U.S. No. 1 Hail (7 CFR part 51, Sec. 51.302(b)) for apples damaged by 
hail.
    The minimum requirements for summer and fall pears exported to 
Russian Pacific ports are listed in the regulatory text of this 
regulation. The requirements provide that the pears should be of one 
variety that are mature, hand picked, clean, sound and free from hard-
end; and free from serious damage caused by broken skin, insects, 
disease, hail marks, limbrubs, heavy russet, or other means; and shall 
not be so excessively elongated or flattened as to preclude the cutting 
of one good half. The requirements also include necessary definitions 
and explanations of some provisions and a list of tolerances which are 
applied to each lot at the time of packing.
    Finally, the minimum requirements for winter pears exported to 
Russian Pacific ports also are listed in the regulatory text of this 
regulation. The requirements provide that the pears be of one variety 
which are mature, hand picked, clean, sound, not very seriously 
misshapen, free from black end, free from damage caused by hard end, 
broken skins, and free from serious damage caused by cork spot or 
bruises. ``Very seriously misshapen'' means that the pear is 
excessively flattened, elongated for the variety, or is constricted or 
deformed so it will not cut one good half or two fairly uniform 
quarters. The requirements also include necessary definitions and 
explanations of some provisions and a list of tolerances which are 
applied to each lot at the time of packing.
    Handlers may ship apples and pears of higher grade quality than the 
minimum requirements established in this regulation.
    Paragraph (d)(3) of Sec. 33.10 Minimum requirements of the 
implementing regulations provides that each package of apples and pears 
be marked plainly and conspicuously with the name of the U.S. grade or 
the name of a State grade applicable to the product being exported. 
However, the new minimum requirement for pears is not equivalent to a 
U.S. grade, as required by paragraph (d)(3) and, thus, cannot be marked 
on containers. Therefore the Department has determined that the marking 
requirements of paragraph (d)(3) should not apply to shipments of pears 
shipped to Pacific ports of Russia meeting minimum quality 
requirements. This regulation adds a proviso to paragraph (d)(3). 
Apples shipped according to the minimum grade standard in this 
regulation are not exempt from the grade marking provisions and must be 
properly marked pursuant to paragraph (d).
    The additional restrictions for apple maggot and San Jose scale 
continue to apply to apples and pears shipped to any foreign 
destination.
    The Council, an organization that represents a substantial portion 
of the fruit industry in the Northwest States of Oregon, Washington, 
and Idaho, recommended these changes in the current export regulations.
    The Council advises that a change in requirements is needed to 
develop export markets for apples and pears to Pacific ports of Russia. 
According to the Council, exporters indicate that there is a demand in 
this relatively new export market of Eastern Russia for apples and 
pears of a lower grade than the current requirements allow. This change 
is expected to increase sales opportunities in a market willing to 
accept apples and pears that are lower in overall quality and less 
uniform in appearance than most export markets will accept.
    The Council reports that weather and growing conditions are 
expected to adversely affect the appearance and quality of a 
significant portion of the 1996 pear crop. The Council believes this 
change will facilitate market development efforts for apples and pears 
to Pacific ports of Russia. Apples and pears which are not shipped for 
fresh consumption in either domestic or foreign markets are usually 
disposed of in processing outlets, such as juice. Processing outlets 
are not normally as profitable as fresh market outlets.
    The Council and other industry groups conduct periodic meetings and 
consider recommendations for modification, suspension, or termination 
of the regulatory requirements under the Act. These meetings are open 
to the public, and interested persons are given an opportunity to 
express their views. The Department reviews recommendations and 
information submitted by these and other industry groups as well as 
other available information and determines whether such modification, 
suspension, or termination of the regulatory requirements would tend to 
effectuate the purposes of the Act.
    After consideration of all relevant material presented, including 
the Council's recommendation, and other available information, it is 
found that this interim final 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 upon good 
cause that it is impracticable, unnecessary, and contrary to the public 
interest to give preliminary notice prior to putting this rule into 
effect and that good cause exists for not postponing the effective date 
of the rule until 30 days after publication in the Federal Register 
because: (1) This rule relaxes the current grade requirements for 
apples and pears shipped to Pacific ports of Russia; (2) exporters have 
indicated that sales opportunities exist in Eastern Russia and that 
they would like to take advantage of these opportunities as soon as 
possible; (3) apples and pears are shipped throughout the year, and 
this rule should be in effect promptly so exporters can make marketing 
plans; and (4) 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 33

    Administrative practice and procedure, Exports, Apples, Pears, 
Reporting and recordkeeping requirements.

    For the reasons set forth in the preamble, 7 CFR part 33 is amended 
as follows:

PART 33--EXPORT APPLES AND PEARS

    1. The authority citation for 7 CFR part 33 continues to read as 
follows:

    Authority: Sec. 7, 48 Stat. 124; 7 U.S.C. 587.

    2. In Sec. 33.10, paragraph (a), (b), and (d) are revised to read 
as follows:


Sec. 33.10  Minimum requirements.

* * * * *
    (a) Apples grade at least U.S. No. 1 or U.S. No. 1 Early: Provided, 
That apples for export to Pacific ports of Russia shall grade at least 
U.S. Utility or U.S. No. 1 Hail for hail-damaged apples, as specified 
in the United States Standards for Apples (Secs. 51.300-51.323 of this 
chapter): Provided further, That apples for export to any foreign 
destination do not contain apple maggot, and do not have more than 2 
percent, by count, of apples with apple maggot injury, nor more than 2 
percent, by count, of apples infested with San Jose scale or scale of 
similar appearance;
    (b) Pears grade at least U.S. No. 2 as specified in the United 
States Standards for Summer and Fall Pears, such as Bartlett, Hardy, 
and other similar varieties (Secs. 51.1260-51.1280 of this chapter), or 
in the United States Standards for Winter Pears, such as Anjou, Bosc, 
Comice, and other similar

[[Page 50423]]

varieties (Secs. 51.1300-51.1323 of this chapter), do not contain apple 
maggot, and do not have more than 2 percent, by count, of apples with 
apple maggot injury, nor more than 2 percent, by count, of apples 
infested with San Jose scale or scale of similar appearance: Provided, 
That the minimum quality requirements for pears exported to Pacific 
ports of Russia are as follows:
    (1) Summer and fall pears shall be of one variety which are mature, 
hand picked, clean, sound and free from hard-end; and free from serious 
damage caused by broken skin, insects, disease, hail marks, limbrubs, 
heavy russet, or other means; and shall not be so excessively elongated 
or flattened as to preclude the cutting of one good half. Broken skin 
must not exceed 1/4 inch in diameter. The following definitions shall 
apply to all varieties:
    Clean means reasonably free from dust, dirt, or honey dew.
    Free from serious damage means defects when taken singly or 
collectively shall not seriously affect the edible or culinary value of 
the fruit.
    Hand picked means that pears do not show evidence of rough handling 
or of having been on the ground.
    Hard-end means pears which show an abnormally yellow or green color 
at the blossom end or an abnormally smooth rounded base with little or 
no depression at the calyx, or if the flesh near the calyx is 
abnormally dry and tough or woody. Pears affected by hard-end shall be 
considered defects. Rat-tail shaped pears, or second bloom pears that 
are tough or ridged shall be considered defects. At the time of 
packing, not more than 10 percent, by count, of any lot may be below 
the requirements of the grade, and not more than one-tenth of this 
amount shall be allowed for decay and/or breakdown. Slight 
imperfections which are not discernible in good commercial sorting 
practice shall not be considered as defects. Small inconspicuous skin 
breaks of less than 1/8 inch in diameter or depth shall not be 
considered as damage, and not more than 15 percent of the pears in any 
container may have not more than one skin break from 1/8 inch to 3/16 
inch, inclusive, in diameter or depth. After pears have been placed in 
storage, or in transit; scald, breakdown, decay, bitter pit, or 
physical injury affecting keeping quality, which may have developed or 
may only have become evident after pears are packed, are defined as 
applying to condition rather than to grade. Pears also shall not 
contain apple maggot, and shall not have more than 2 percent, by count, 
of pears with apple maggot injury, nor more than 2 percent, by count, 
of pears infested with San Jose scale or scale of similar appearance;
    Mature means having reached the stage of maturity which will insure 
a proper completion of the ripening process. Firmness of the flesh 
shall be considered only in connection with other factors to determine 
the degree of maturity. Sound means that pears at time of packing are 
free from visible defects such as decay, breakdown, scald, bitter pit, 
or physical injury affecting keeping quality. The following conditions 
shall not be considered serious damage: healed insect depressions or 
other surface blemishes which do not prevent the cutting of one good 
half;
    (2) Winter pears shall be of one variety which are mature, hand 
picked, clean, sound, not very seriously misshapen, free from black 
end, free from damage caused by hard end, broken skins, and from 
serious damage caused by cork spot or bruises. The following 
definitions shall apply to all varieties:
    Black end is evidenced by an abnormally deep green color around the 
calyx, or black spots usually occurring on one-third of the surface 
nearest to the calyx, or by an abnormally shallow calyx cavity.
    Clean means free from excessive dirt, dust, spray residue, or other 
foreign material.
    Damage by hard end means any injury or defect which materially 
affects the appearance, edible or shipping quality. Any pear with one 
skin break larger than \3/16\ inch in diameter or depth, or with more 
than one skin break \1/8\ inch or larger in diameter or depth, shall be 
considered damaged, and scored against the grade tolerance.
    Handpicked means that the pears do not show evidence of having been 
on the ground.
    Hard end is an abnormal yellow color at the blossom end, or an 
abnormally smooth, rounded base with little or no depression at the 
calyx, or if the flesh near the calyx is abnormally dry and tough or 
woody.
    Mature means that the pear has reached the stage of maturity which 
will insure the proper completion of the ripening process.
    Overripe means dead ripe, very mealy or soft, past commercial 
utility.
    Serious damage by cork spot is when more than two cork spots are 
visible externally, or when the visible external injury affects an 
aggregate area of more than \1/2\ inch in diameter. Serious damage by 
bruising is bruising which seriously affects the appearance, edible or 
shipping quality. For a tolerance of 10 percent or more, individual 
packages in any lot may contain not more than one and one-half times 
the tolerance specified, except that when the package contains 15 
specimens or less, individual packages may contain not more than double 
the tolerance specified. For a tolerance of less than 10 percent, 
individual packages in any lot may contain not more than double the 
tolerance specified, provided at least one specimen which does not meet 
the requirements shall be allowed in any one package. Pears also shall 
not contain apple maggot, and shall not have more than 2 percent, by 
count, of pears with apple maggot injury, nor more than 2 percent, by 
count, of pears infested with San Jose scale or scale of similar 
appearance;
* * * * *
    (d) Each package of apples or pears is marked plainly and 
conspicuously with:
    (1) the name and address of the grower, packer, or domestic 
distributor: Provided, That the name of the foreign distributor may be 
placed on consumer unit packages shipped in a master container if such 
master container is marked with the name and address of the grower, 
packer, or domestic distributor;
    (2) the variety of the apples or pears;
    (3) the name of the U.S. grade or the name of a state grade if the 
fruit meets each minimum requirement of a U.S. grade specified in this 
section; and Provided further, That the marking requirements of this 
paragraph shall not apply to pears meeting minimum quality requirements 
of this section and shipped to Pacific ports of Russia.

    Dated: September 20, 1996.
Robert C. Keeney,
Director, Fruit and Vegetable Division.
[FR Doc. 96-24663 Filed 9-25-96; 8:45 am]
BILLING CODE 3410-02-P