[Federal Register Volume 61, Number 202 (Thursday, October 17, 1996)]
[Rules and Regulations]
[Pages 54081-54082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26654]



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 Rules and Regulations
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  Federal Register / Vol. 61, No. 202 / Thursday, October 17, 1996 / 
Rules and Regulations  

[[Page 54081]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 35

[FV-96-35-1IFR]


Regulations Issued Under the Export Grape and Plum Act; Exemption 
From Size Regulations for Black Corinth Grapes

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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

SUMMARY: This interim final rule exempts the Black Corinth variety of 
grapes from the minimum bunch and berry size requirements issued for 
grapes under the Export Grape and Plum Act. This rule is designed to 
expand the markets for this variety of grapes and to increase their 
fresh utilization. This rule was recommended by the California Grape 
and Tree Fruit League after the proposal had been presented at industry 
meetings of growers and handlers.

DATES: Effective October 18, 1996; comments received by November 18, 
1996, will be considered prior to issuance of a final rule.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this proposal. Comments must be sent in triplicate to the 
Docket Clerk, Fruit and Vegetable Division, AMS, USDA, Room 2525, South 
Building, P.O. Box 96456, Washington, D.C. 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, 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 or FAX (503) 
326-7440; or William R. Addington, Marketing Order Administration 
Branch, Fruit and Vegetable Division, AMS, USDA, P.O. Box 96456, room 
2523-S, Washington, DC 20090-6456; telephone: (202) 720- 2412 or FAX 
(202) 720-5698.

SUPPLEMENTARY INFORMATION: This rule is issued under authority of the 
Export Grape and Plum Act, as amended, (7 U.S.C. 591-599), hereinafter 
referred to as the ``Act.'' This rule amends ``Regulations Issued Under 
Authority of the Export Grape and Plum Act'' (7 Part 35).
    This rule has been determined not significant for purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.
    This rule has been reviewed under Executive Order 12778, 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.
    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA), the Administrator of 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. In the 
United States there are approximately 250 handlers of table grapes that 
are subject to regulations under the authority of the Export Grape and 
Plum Act, and approximately 1300 grape producers. Small agricultural 
service firms, which include handlers of grapes, have been defined by 
the Small Business Administration (13 CFR 121.601) as those having 
annual receipts of less than $5,000,000, and small agricultural 
producers are defined as those whose annual receipts are less than 
$500,000. The majority of grape handlers and producers regulated under 
the Export Grape and Plum Act may be classified as small entities.
    Section 35.11 of the ``Regulations issued under authority of the 
Export Grape and Plum Act'' establishes minimum size and quality 
requirements for export shipments of any variety of vinifera species 
table grapes. Currently, such grapes being shipped to Japan, Europe, or 
Greenland must meet a minimum grade of U.S. Fancy Table as specified in 
the U.S. Standards for Grades of Table Grapes (7 CFR part 51, 
Secs. 51.880-51.992), except that the minimum bunch size shall be one-
half pound. Table grapes shipped to countries other than Japan, Europe, 
Greenland, Canada, or Mexico must meet the requirements of U.S. No. 1 
Table, except that the minimum bunch size shall be one-fourth pound. 
(Shipments to Canada and Mexico are currently not regulated under this 
part.) The U.S. Fancy Table grade includes a requirement for unlisted 
varieties (such as Black Corinth), that 90 percent of the berries, by 
count, in each bunch shall be at least ten-sixteenths of an inch in 
diameter. Similarly, the U.S. No. 1 Table grade includes a requirement 
for unlisted varieties (such as Black Corinth), that 75 percent of the 
berries, by count, shall be at least nine- sixteenths of an inch in 
diameter.
    The Board of Directors of the California Grape and Tree Fruit 
League (Board), which represents a substantial portion of the fresh 
table grape industry, unanimously recommended that the Black Corinth 
variety of grapes be exempted from the minimum bunch and berry size 
requirements established for export shipments.
    The Board advises that this change is needed because the Black 
Corinth variety (sometimes referred to as Zante Currants) are 
characteristically of high quality but of very small bunch and berry 
size. The small size prevents this variety from meeting the minimum 
size requirements established for export shipments.
    Traditionally this variety of grapes had been dried for use as 
raisins. As oversupply conditions occurred in recent years for this 
variety, handlers within the industry were successful in developing 
fresh outlets. The variety received good consumer acceptance, primarily 
because of its unique size and sweetness.
    Exempting the Black Corinth variety of grapes from the minimum 
bunch and berry size requirements for export shipments will enable 
handlers to further expand their markets and

[[Page 54082]]

increase fresh utilization. This change will improve the marketing of 
these varieties and increase returns to producers.
    Based on available information, the Administrator of the AMS has 
determined that this interim final rule will not have a significant 
economic impact on a substantial number of small entities and that the 
action set forth will benefit producers and handlers of the Black 
Corinth variety of grapes. This action relaxes the requirements for 
small and large exporters exporting shipments of Black Corinth grapes 
by exempting that variety of grapes from the minimum bunch and berry 
size requirements.
    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 this rule until 30 days after publication in the Federal 
Register because: (1) This action relaxes the requirements for export 
shipments of Black Corinth grapes; (2) The Board unanimously 
recommended this rule at a public meeting and all interested persons 
had an opportunity to provide input; (3) shipments of the Black Corinth 
variety of grapes have begun and this rule should apply to the entire 
season's shipments; (4) handlers and producers of the Black Corinth 
variety of grapes are aware of this rule and they need no additional 
time to comply with the relaxed requirements; and (5) this rule 
provides a 30-day comment period and any comments will be considered 
prior to finalization of this rule.

List of Subjects in 7 CFR Part 35

    Administrative practice and procedure, Exports, Grapes, Plums, 
Reporting and recordkeeping requirements.

    For the reasons set forth in the preamble, 7 CFR part 35 is amended 
as follows:

PART 35--REGULATIONS ISSUED UNDER AUTHORITY OF THE EXPORT GRAPE AND 
PLUM ACT

    1. The authority citation for 7 CFR part 35 continues to read as 
follows:

    Authority: 7 U.S.C. 591-599.

    2. In Sec. 35.11, paragraphs (a) and (b) are amended by adding a 
sentence immediately following the existing text to read as follows:


Sec. 35.11  Minimum requirements.

* * * * *
    (a) * * * The Black Corinth variety shall be exempt from bunch and 
berry size requirements.
    (b) * * * The Black Corinth variety shall be exempt from bunch and 
berry size requirements.
* * * * *
    Dated: October 10, 1996.
Robert C. Keeney,
Director, Fruit and Vegetable Division.
[FR Doc. 96-26654 Filed 10-16-96; 8:45 am]
BILLING CODE 3410-02-P