[Federal Register Volume 67, Number 102 (Tuesday, May 28, 2002)]
[Rules and Regulations]
[Pages 36789-36793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13229]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 989

[Docket No. FV02-989-1 IFR]


Raisins Produced From Grapes Grown in California; Addition of a 
New Varietal Type and Quality Requirements for Other Seedless-Sulfured 
Raisins

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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SUMMARY: This rule adds a new varietal type of raisin under the Federal 
marketing order for California raisins (order). The order regulates the 
handling of raisins produced from grapes grown in California and is 
locally administered by the Raisin Administrative Committee (RAC). The 
order provides authority for volume and quality regulations that are 
imposed by varietal type. This action establishes and adds to the 
regulations a new varietal type (Other Seedless-Sulfured raisins), 
along with quality requirements for this varietal type. This is a new 
type of raisin being produced by some industry members.

DATES: Effective May 29, 2002. Comments received by July 29, 2002, will 
be considered prior to issuance of a final rule.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this rule. Comments must be sent to the Docket Clerk, 
Marketing Order Administration Branch, Fruit and Vegetable Programs, 
AMS, USDA, 1400 Independence Avenue, SW Stop 0237, Washington, DC 
20250-0237; Fax: (202) 720-8938, or E-mail: [email protected]. 
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, or can be viewed at: http://www.ams.usda.gov/fv/moab.html.

FOR FURTHER INFORMATION CONTACT: Maureen T. Pello, Senior Marketing 
Specialist, California Marketing Field Office, Marketing Order 
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 2202 
Monterey Street, suite 102B, Fresno, California 93721; telephone: (559) 
487-5901, Fax: (559) 487-5906; or George Kelhart, Technical Advisor, 
Marketing Order Administration Branch, Fruit and Vegetable Programs, 
AMS, USDA, 1400 Independence Avenue, SW Stop 0237, Washington, DC 
20250-0237; telephone: (202) 720-2491, Fax: (202) 720-8938.
    Small businesses may request information on complying with this 
regulation by contacting Jay Guerber, Marketing Order Administration 
Branch, Fruit and Vegetable Programs, AMS, USDA, room 2525-S, P.O. Box 
96456, Washington, DC 20090-6456; telephone: (202) 720-2491, Fax: (202) 
720-8938, or E-mail: [email protected].

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing 
Agreement and Order No. 989 (7 CFR part 989), both as amended, 
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.''
    The Department of Agriculture (USDA) is issuing this rule in 
conformance with Executive Order 12866.
    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. It is not intended to have retroactive intent. Under 
the order provisions now in effect, varietal types and quality 
requirements may be established for raisins acquired by handlers during 
the crop year. This rule establishes a new varietal type and quality 
requirements for Other Seedless-Sulfured raisins. This rule will not 
preempt any State or local laws, regulations, or policies, unless they 
present an irreconcilable conflict with this rule.
    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. Such 
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.
    This rule adds a new varietal type of raisin under the order. The 
order

[[Page 36790]]

regulates the handling of raisins produced from grapes grown in 
California and is administered locally by the RAC. The order provides 
authority for volume and quality regulations that are imposed by 
varietal type. This action establishes, and adds to the regulations a 
varietal type (Other Seedless-Sulfured raisins), along with quality 
requirements, which is a new type of raisin being produced by some 
industry members. This action was recommended by the RAC at a meeting 
in August 2001, and discussed further at RAC meetings in September and 
November 2001. The RAC recommended that this rule apply to such raisins 
acquired during the 2001-02 crop year and forward. Changes to the 
import regulation will be made in a separate rule.

Varietal Type for Other Seedless-Sulfured Raisins

    The order provides authority for volume and quality regulations 
that are imposed by varietal type. Section 989.10 of the order defines 
the term varietal type to mean raisins generally recognized as 
possessing characteristics differing from other raisins in a degree 
sufficient to make necessary or desirable separate identification and 
classification. That section includes a list of eight varietal types, 
and provides authority for the RAC, with the approval of USDA, to 
change this list. A description of these varietal types, along with 
additional varietal types, may be found in [sect] 989.110 of the 
order's administrative rules and regulations. There are currently nine 
different varietal types of raisins listed in this section.
    Some industry members have found a new market for raisins made by 
dehydrating sulfured red seedless grapes. These raisins do not fit into 
any of the current existing varietal types specified in [sect] 989.110. 
Such raisins are similar to the Other Seedless varietal type, except 
they have been sulfured. Such raisins are also similar to the Golden 
Seedless varietal type, but may not meet the color requirements for 
Golden Seedless raisins. Golden Seedless raisins are made from green 
seedless grapes and are mostly yellowish green to greenish amber in 
color when sulfured. Red seedless grapes typically vary in color when 
sulfured.
    Thus, the RAC recommended establishing, and adding to the 
regulations, a new varietal type--Other Seedless-Sulfured raisins. This 
will allow the RAC to consider Other Seedless-Sulfured raisins separate 
from other varietal types for the purpose of volume and quality 
regulation, thereby recognizing distinct differences in supply and 
demand conditions, and raisin characteristics. Accordingly, a new 
paragraph (j) is added to [sect] 989.110 to define Other Seedless-
Sulfured as all raisins produced from Ruby Seedless, Kings Ruby 
Seedless, Flame Seedless and other seedless grapes not included in any 
of the varietal categories for Seedless raisins which have been 
artificially dehydrated and sulfured.

Quality Requirements for Other Seedless-Sulfured Raisins

    This rule also adds quality requirements for Other Seedless-
Sulfured raisins. Specifically, this rule adds: incoming quality 
requirements (which includes adding these raisins to the order's weight 
dockage system); a factor for converting between natural condition and 
processed weight; and outgoing quality requirements for Other Seedless-
Sulfured raisins. The details of these changes are discussed below.

Incoming Quality Requirements

    Section 989.58(a) of the order provides authority for quality 
control regulations whereby natural condition raisins that are 
delivered from producers to handlers must meet certain incoming quality 
requirements. Section 989.701 of the order's regulations specifies 
minimum grade and condition standards for natural condition raisins for 
each varietal type. Paragraph (b) of that section specifies 
requirements for two varietal types of raisins--Dipped Seedless and 
Oleate and Related Seedless raisins. The RAC determined that natural 
condition Other Seedless-Sulfured raisins are similar to these two 
varietal types and, therefore, it has been determined that they should 
have the same incoming quality requirements. Accordingly, paragraph (b) 
of [sect] 989.701 is revised to include Other Seedless-Sulfured 
raisins.

Weight Dockage System

    Section 989.58(a) also contains authority for handlers to acquire 
natural condition raisins that fall outside the tolerance established 
for maturity, which includes substandard raisins, under a weight 
dockage system. Handler acquisitions of raisins and payments to 
producers are adjusted according to the percentage of substandard 
raisins in a lot, or the percentage of raisins that fall below certain 
levels of maturity. Section 989.210(a) of the order's regulations lists 
the varietal types of raisins that may be acquired pursuant to a weight 
dockage system. Sections 989.212 and 989.213 contain tables with 
dockage factors applicable to lots of raisins that fall outside the 
tolerances for substandard raisins and maturity, respectively, 
specified in [sect] 989.701.
    Because these raisins are similar to Dipped Seedless and Oleate and 
Related Seedless raisins, this rule adds Other Seedless-Sulfured 
raisins to the list contained in [sect] 989.210(a), the substandard 
dockage table specified in [sect] 989.212(b), the list regarding 
maturity in [sect] 989.213(a), and to the maturity dockage tables in 
[sect] 989.213(b) and (d). Additionally, this rule removes obsolete 
language contained in [sect][sect] 989.212 and 989.213 that was 
applicable to only the 1998-99 crop year.

Raisin Weight Conversion Table

    Section 989.601 of the order's regulations specifies a list of 
conversion factors for raisin weights. The factors are used to convert 
the net weight of reconditioned raisins acquired by handlers as packed 
raisins to a natural condition weight. The net weight of the raisins 
after the completion of processing is divided by the applicable factor 
to obtain the natural condition weight. If the adjusted weight exceeds 
the original weight, the original weight is used. This rule adds Other 
Seedless-Sulfured raisins to that list, specifying a conversion factor 
of 0.95. These raisins are similar to Golden Seedless and Dipped 
Seedless for which 0.95 conversion factors are specified.

Outgoing Quality Requirements

    Section 989.59 of the order provides authority for quality control 
regulations for raisins subsequent to their acquisition by handlers 
(outgoing requirements). Section 989.702 of the order's regulations 
specifies minimum grade standards for packed raisins. Paragraph (a) of 
that section specifies requirements for three varietal types--Natural 
(sun-dried) Seedless, Dipped Seedless, and Oleate and Related Seedless 
raisins. This rule revises paragraph (a) to add Other Seedless-Sulfured 
raisins.
    Accordingly, Other Seedless-Sulfured raisins must meet the 
requirements of U.S. Grade C as defined in the United States Standards 
for Grades of Processed Raisins ([sect][sect] 52.1841 through 52.1858) 
issued under the Agricultural Marketing Act of 1946 (7 U.S.C. 1622 
through 1624). At least 70 percent, by weight, of the raisins in a lot 
must be well-matured or reasonably well-matured. With respect to 
select-sized and mixed-sized lots, the raisins must at least meet the 
U.S. Grade B tolerances for pieces of stem, and underdeveloped and 
substandard raisins, and small (midget) sized raisins must meet the 
U.S. Grade C tolerances for those factors.

[[Page 36791]]

Reporting Requirements

    All raisin handlers are currently required to submit various 
reports to the RAC where the data collected is segregated by varietal 
type of raisin. These reports include: (1) Weekly Report of Standard 
Raisin Acquisitions (RAC-1); (2) Weekly Report of Standard Raisins 
Received for Memorandum Receipt or Warehousing (RAC-3); (3) Monthly 
Report of Free Tonnage Raisin Disposition (RAC-20); (4) Weekly Off-
Grade Summary (RAC-30); (5) Inventory of Free Tonnage Standard Quality 
Raisins On Hand (RAC-50); and (6) Inventory of Off-Grade Raisins On 
Hand (RAC-51). This rule requires that an additional column be added to 
these six forms so that handlers can report Other Seedless-Sulfured 
raisins separately. The current total annual burden for these six forms 
is 660 hours. This rule will not change this burden on handlers.

Initial 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 initial regulatory flexibility analysis.
    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. Thus, both statutes have small 
entity orientation and compatibility.
    There are approximately 20 handlers of California raisins who are 
subject to regulation under the order and approximately 4,500 raisin 
producers in the regulated area. Small agricultural firms are defined 
by the Small Business Administration (13 CFR 121.201) as those having 
annual receipts of less than $5,000,000, and small agricultural 
producers are defined as those having annual receipts of less than 
$750,000. Thirteen of the 20 handlers subject to regulation have annual 
sales estimated to be at least $5,000,000, and the remaining 7 handlers 
have sales less than $5,000,000, excluding receipts from any other 
sources. No more than 7 handlers, and a majority of producers, of 
California raisins may be classified as small entities.
    The order provides authority for volume and quality regulations 
that are imposed by varietal type of raisin. This rule establishes, and 
adds to the regulations a varietal type (Other Seedless-Sulfured 
raisins), along with quality requirements which is a new type of raisin 
that is being produced by some industry members. A new paragraph (j) is 
added to [sect] 989.110 of the order's regulations to define the 
varietal type Other Seedless-Sulfured raisins. Pursuant to [sect][sect] 
989.58 and 989.59, quality requirements for Other Seedless-Sulfured 
raisins are added to the order's regulations as follows: incoming 
quality requirements are added to [sect][sect] 989.210, 989.212, 
989.213, and 989.701; a factor for converting between natural condition 
and processed weight is added to [sect] 989.601; and outgoing quality 
requirements are added to [sect] 989.702.
    Regarding the impact of this action on affected entities, this rule 
will allow the RAC to consider Other Seedless-Sulfured raisins 
separately from other varietal types of raisins for the purpose of 
volume and quality regulation, thereby recognizing distinct differences 
in supply and demand conditions for that product. Producers and 
handlers will be able to take advantage of a separate and distinct 
market for Other Seedless-Sulfured raisins. This rule also allows 
appropriate quality requirements to be applied to this new varietal 
type, which will facilitate the production and handling of such 
raisins. In addition, this rule will allow the RAC to examine data on 
acquisitions and shipments of Other Seedless-Sulfured raisins, as 
handlers submit various reports to the RAC where the data is segregated 
by varietal type. The RAC will be able to analyze this data and assess 
marketing trends and opportunities for this unique varietal type. There 
are no expected additional costs associated with this regulation on 
either producers or handlers.
    The RAC considered some alternatives to this action. The RAC 
reviewed the existing varietal types to see whether Other Seedless-
Sulfured raisins could fit into an established category. The Golden 
Seedless and Other Seedless varietal types were examined. However, 
Other Seedless-Sulfured raisins may not meet the color requirements for 
Golden Seedless raisins. In addition, Other Seedless-Sulfured raisins 
do not fit into the Other Seedless category because that varietal type 
has historically included raisins that have not been sulfured. The 
industry determined that it was appropriate to establish a separate 
varietal type for Other Seedless raisins that had been dehydrated and 
sulfured.
    All raisin handlers are currently required to submit various 
reports to the RAC where the data collected is segregated by varietal 
type of raisin. These reports include: (1) Weekly Report of Standard 
Raisin Acquisitions (RAC-1); (2) Weekly Report of Standard Raisins 
Received for Memorandum Receipt or Warehousing (RAC-3); (3) Monthly 
Report of Free Tonnage Raisin Disposition (RAC-20); (4) Weekly Off-
Grade Summary (RAC-30); (5) Inventory of Free Tonnage Standard Quality 
Raisins On Hand (RAC-50); and (6) Inventory of Off-Grade Raisins On 
Hand (RAC-51). This rule requires that an additional column be added to 
these six forms so that handlers can report Other Seedless-Sulfured 
raisins separately. The current total annual burden for these six forms 
is 660 hours. This rule will not change this burden on handlers.
    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), the information collection requirements referenced above 
have been approved by the Office of Management and Budget (OMB) under 
OMB Control No. 0581-0178. 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.
    Additionally, except for applicable section 8e import regulations, 
USDA has not identified any relevant Federal rules that duplicate, 
overlap, or conflict with this rule. However, as previously stated, 
Other Seedless-Sulfured raisins must meet U.S. Grade C as defined in 
the United States Standards for Grades of Processed Raisins 
([sect][sect] 52.1841 through 52.1858) issued under the Agricultural 
Marketing Act of 1946 (7 U.S.C. 1622 through 1624).
    Further, the RAC's meetings on August 14, September 20, and 
November 13, 2001, where this action was deliberated were public 
meetings widely publicized throughout the raisin industry. All 
interested persons were invited to attend the meetings and participate 
in the industry's deliberations. Finally, interested persons are 
invited to submit information on the regulatory and information impact 
of this action on small businesses.
    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/fv/moab.html. Any questions about the compliance 
guide should be sent to Jay Guerber at the previously mentioned address 
in the FOR FURTHER INFORMATION CONTACT section.
    Comments are invited concerning this rule. A 60-day comment period 
is provided to allow interested persons to respond. All comments 
received will be

[[Page 36792]]

considered prior to finalization of this rule.
    After consideration of all relevant material presented, including 
the information and recommendation submitted by the RAC and other 
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 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) Other Seedless-Sulfured raisins are being 
produced by dehydrators and acquired by handlers during the 2001-02 
crop year; (2) industry members are aware of this action which was 
recommended and discussed by the RAC at public meetings; (3) this rule 
provides appropriate quality standards for Other Seedless-Sulfured 
raisins which will facilitate the production and marketing of such 
raisins; and (4) this interim final rule provides a 60-day period for 
written comments, and all comments timely received will be considered 
prior to finalization of this rule.

List of Subjects in 7 CFR Part 989

    Grapes, Marketing agreements, Raisins, Reporting and recordkeeping 
requirements.

    For the reasons set forth in the preamble, 7 CFR part 989 is 
amended as followed:

PART 989--RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA

    1. The authority citation for 7 CFR part 989 continues to read as 
follows:

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


    2. Section 989.110 is amended by adding a new paragraph (j) to read 
as follows:


[sect] 989.110  Varietal types.

* * * * *
    (j) Other Seedless-Sulfured includes all raisins produced from Ruby 
Seedless, Kings Ruby Seedless, Flame Seedless and other seedless grapes 
not included in any of the varietal categories for Seedless raisins 
defined in paragraphs (a), (b), (c), (d), (h), or (i) of this section 
which have been artificially dehydrated and sulfured.

    3. In [sect] 989.210, the first sentence in paragraph (a) is 
revised to read as follows:


[sect] 989.210  Handling of varietal types of raisins acquired pursuant 
to a weight dockage system.

    (a) General. A handler may acquire as standard raisins lots of 
Natural (sun-dried) Seedless, Golden Seedless, Dipped Seedless, Oleate 
and Related Seedless, Monukka, Other Seedless, Sultana, Zante Currant, 
Muscat (including other raisins with seeds), and Other Seedless-
Sulfured raisins under the weight dockage provisions described in 
[sect][sect] 989.212 and 989.213.* * *
* * * * *

    4. In [sect] 989.212, paragraph (a), the paragraph heading in 
paragraph (b), the note to paragraph (b), and the note to paragraph (c) 
are revised to read as follows: [sect] 989.212 Substandard dockage.
    (a) General. Subject to prior agreement between handler and 
tenderer, Natural (sun-dried) Seedless, Golden Seedless, Dipped 
Seedless, Oleate and Related Seedless, Monukka, Other Seedless, and 
Other Seedless-Sulfured raisins containing from 5.1 through 17.0 
percent, by weight, of substandard raisins may be acquired by a handler 
under a weight dockage system. A handler may also, subject to prior 
agreement, acquire as standard raisins any lot of Muscat (including 
other raisins with seeds), Sultana, and Zante Currant raisins 
containing from 12.1 through 20.0 percent, by weight, of substandard 
raisins under a weight dockage system. The creditable weight of each 
lot of raisins acquired under the substandard dockage system shall be 
obtained by multiplying the net weight of the lot of raisins by the 
applicable dockage factor from the appropriate dockage table prescribed 
in paragraph (b) or (c) of this section.
    (b) Substandard dockage table applicable to Natural (sun-dried) 
Seedless, Golden Seedless, Dipped Seedless, Oleate and Related 
Seedless, Monukka, Other Seedless, and Other Seedless-Sulfured raisins. 
* * *

    Note to paragraph (b): Percentages in excess of the last 
percentage shown in the table shall be expressed in the same 
increment as the foregoing, and the dockage factor for each such 
increment shall be .001 less than the dockage factor for the 
preceding increment. Deliveries in excess of 17.0 percent would be 
offgrade; therefore, the dockage factor does not apply.

    (c) * * *

    Note to paragraph (c): Percentages in excess of the last 
percentage shown in the table shall be expressed in the same 
increments as the foregoing, and the dockage factor for each 
increment shall be .001 less than the dockage factor for the 
preceding increment. Deliveries in excess of 20.0 percent would be 
offgrade; therefore, the dockage factor does not apply.


    5. Section 989.213 is amended by revising paragraph (a) and the 
introductory text in paragraphs (b), (c), and (d), removing the last 
sentence in the note to paragraph (d) and removing the last sentence in 
the note to paragraph (e) to read as follows:


[sect] 989.213  Maturity dockage.

    (a) General. Subject to prior agreement between handler and 
tenderer, Natural (sun-dried) Seedless, Golden Seedless, Dipped 
Seedless, Oleate and Related Seedless, Monukka, Other Seedless, and 
Other Seedless-Sulfured raisins containing from 35.0 percent through 
49.9 percent, by weight, of well-matured or reasonably well-matured 
raisins may be acquired by a handler under a weight dockage system. The 
creditable weight of each lot of raisins acquired under the maturity 
dockage system shall be obtained by multiplying the net weight of the 
lot of raisins by the applicable dockage factor from the dockage table 
prescribed in paragraphs (b), (c), and (d) of this section.
    (b) Maturity dockage table applicable to lots of Natural (sun-
dried) Seedless, Golden Seedless, Dipped Seedless, Oleate and Related 
Seedless, Monukka, Other Seedless, and Other Seedless-Sulfured raisins 
which contain 45.0 percent through 49.9 percent well-matured or 
reasonably well-matured raisins: * * *
    (c) Maturity dockage table applicable to lots of Natural (sun-
dried) Seedless, Golden Seedless, Dipped Seedless, Oleate and Related 
Seedless, Monukka, Other Seedless, and Other Seedless-Sulfured raisins 
which contain 40.0 percent through 44.9 percent well-matured or 
reasonably well-matured raisins: * * *
    (d) Maturity dockage table applicable to lots of Natural (sun-
dried) Seedless, Golden Seedless, Dipped Seedless, Oleate and Related 
Seedless, Monukka, Other Seedless, and Other Seedless-Sulfured raisins 
which contain 35.0 percent through 39.9 percent well-matured or 
reasonably well-matured raisins: * * *
* * * * *

    6. In [sect] 989.601, the table is revised to read as follows:


[sect] 989.601  Conversion factors for raisin weight.

* * * * *

[[Page 36793]]



------------------------------------------------------------------------
                                                              Conversion
                       Varietal type                            factor
------------------------------------------------------------------------
Natural (sun-dried) Seedless...............................         0.92
Golden Seedless, Dipped Seedless, Other Seedless, and Other         0.95
 Seedless-Sulfured.........................................
Muscats (including raisins with seeds):
  Seeded...................................................         0.80
  Unseeded.................................................         0.92
Sultana....................................................         0.92
Zante Currant..............................................         0.91
Oleate and Related Seedless................................         0.92
------------------------------------------------------------------------


    7. In [sect] 989.701, the paragraph heading and the first sentence 
in paragraph (b) are revised to read as follows:


[sect] 989.701  Minimum grade and condition standards for natural 
condition raisins.

* * * * *
    (b) Dipped Seedless, Oleate and Related Seedless, and Other 
Seedless-Sulfured raisins. Natural condition Dipped Seedless, Oleate 
and Related Seedless, and Other Seedless-Sulfured raisins shall have 
been prepared from sound, wholesome, matured grapes properly dried and 
cured, and shall meet the following additional requirements: * * *
* * * * *

    8. In [sect] 989.702, paragraph (a) is revised to read as follows:


[sect] 989.702  Minimum grade standards for packed raisins.

* * * * *
    (a) Natural (sun-dried) Seedless, Dipped Seedless, Oleate and 
Related Seedless, and Other Seedless-Sulfured raisins. Packed Natural 
(sun-dried) Seedless, Dipped Seedless, Oleate and Related Seedless, and 
Other Seedless-Sulfured raisins shall meet the requirements of U.S. 
Grade C as defined in the effective United States Standards for Grades 
of Processed Raisins ([sect][sect] 52.1841 through 52.1858 of this 
title): Provided, That at least 70.0 percent, by weight, of the raisins 
shall be well-matured or reasonably well-matured. With respect to 
select-sized and mixed-sized raisin lots, the raisins shall at least 
meet the U.S. Grade B tolerances for pieces of stem, and underdeveloped 
and substandard raisins, and small (midget)-sized raisins shall meet 
the U.S. Grade C tolerances for those factors.
* * * * *

    Dated: May 21, 2002.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 02-13229 Filed 5-24-02; 8:45 am]
BILLING CODE 3410-02-P