[Federal Register Volume 62, Number 97 (Tuesday, May 20, 1997)]
[Rules and Regulations]
[Pages 27493-27494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13128]



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 Rules and Regulations
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  Federal Register / Vol. 62, No. 97 / Tuesday, May 20, 1997 / Rules 
and Regulations  

[[Page 27493]]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 35

[Docket No. FV-96-35-1 FIR]


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

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: The Department of Agriculture (Department) is adopting as a 
final rule the provisions of an interim final rule exempting 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 change expands the markets for this variety of grapes and 
increases 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.

EFFECTIVE DATE: May 21, 1997.

FOR FURTHER INFORMATION CONTACT: Dennis L. West, Northwest Marketing 
Field Office, Marketing Order Administration Branch, Fruit and 
Vegetable Division, AMS, USDA, 1220 S.W. 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. Small businesses may request information on compliance 
with this regulation by contacting: Jay Guerber, Marketing Order 
Administration Branch, Fruit and Vegetable Division, AMS, USDA, P.O. 
Box 96456, room 2525-S, Washington, DC 20090-6456; telephone (202) 720-
2491; 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 CFR Part 35].
    The 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. 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 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.
    Black Corinth grapes represent less than one percent of all grapes 
grown in the United States. Supplies of this variety are provided by 
many small growers located in California and Arizona who are prepared 
to ship grapes into fresh markets abroad. As the export markets develop 
for Black Corinth grapes, economic opportunities for small growers, 
marketers, and exporters are expected to improve. Therefore, the AMS 
has determined that this action will not have a significant economic 
impact on a substantial number of 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. Prior to the issuance of the interim final rule, export 
shipments of grapes being shipped to Japan, Europe, or Greenland were 
required to 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, sections 
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 were required to 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 advised that a 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

[[Page 27494]]

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 enables handlers 
to further expand their markets and increase fresh utilization. This 
improves the marketing of these varieties and increases returns to 
producers.
    The interim final rule was issued on October 17, 1996, and 
published in the Federal Register (61 FR 54081, October 17, 1996), with 
an effective date of October 18, 1996. That rule amended Sec. 35.11 
Minimum requirements under regulations in effect under the Act. That 
rule provided a 30-day comment period which ended November 18, 1996. No 
comments were received.
    After consideration of all relevant material presented, the 
information and recommendations submitted by the Board, and other 
information, finalizing the interim final rule, without change, as 
published in the Federal Register (61 FR 54081, October 17, 1996) is 
appropriate.
    It is also found that good cause exists for not postponing the 
effective date of this rule until 30 days after publication in the 
Federal Register (5 U.S.C. 553) because: (1) This action continues a 
relaxation of 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 already 
begun; (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) a 30-day comment period 
was provided for in the interim final rule and none were received.

List of Subjects in 7 CFR Part 35

    Administrative practice and procedure, Exports, Grapes, Plums, 
Reporting and record keeping requirements.

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

PART 35--EXPORT GRAPES AND PLUMS

    Accordingly, the interim final rule amending 7 CFR part 35 which 
was published at 61 FR 54081 on October 17, 1996, is adopted as a final 
rule without change.

    Dated: May 14, 1997.
Robert C. Keeney,
Director, Fruit and Vegetable Division.
[FR Doc. 97-13128 Filed 5-19-97; 8:45 am]
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