[Federal Register Volume 67, Number 176 (Wednesday, September 11, 2002)]
[Rules and Regulations]
[Pages 57503-57506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23035]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 999

[Docket No. FV02-999-1 FR]


Specialty Crops, Import Regulations; Addition of a New Varietal 
Type to the Raisin Import Regulation

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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[[Page 57504]]

SUMMARY: This rule adds Other-Seedless Sulfured raisins, along with 
quality requirements, to the raisin import regulation. The import 
regulation is authorized under section 8e of the Agricultural Marketing 
Agreement Act of 1937 (Act) and requires imports of raisins to meet the 
same or comparable grade and size requirements as those in effect under 
Federal Marketing Order No. 989 (order). The order regulates the 
handling of raisins produced from grapes grown in California. The 
regulations authorized under the domestic order were recently changed 
to add Other-Seedless Sulfured raisins, along with quality requirements 
for this varietal type. This is a new type of raisin being produced by 
some California industry members. This rule brings the import 
regulation into conformity with the regulations for California raisins 
under the marketing order.

EFFECTIVE DATE: October 11, 2002.

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, 1400 Independence 
Avenue SW., STOP 0237, Washington DC 20250-0237; telephone: (202) 720-
2491, Fax: (202) 720-8938, or E-mail: [email protected].

SUPPLEMENTARY INFORMATION: This rule is issued under section 8e of the 
Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-
674), hereinafter referred to as the ``Act,'' which provides that 
whenever certain specified commodities, including raisins, are 
regulated under a Federal marketing order, imports of these commodities 
into the United States are prohibited unless they meet the same or 
comparable grade, size, quality, or maturity requirements as those in 
effect for the domestically produced commodity.
    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. 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 import regulations 
issued under section 8e of the Act.
    This rule adds a new varietal type to the raisin import regulation. 
This action adds Other Seedless-Sulfured raisins, along with quality 
requirements, to the import regulation. This action is necessary to 
bring the import regulation in line with the domestic marketing order. 
The order regulates the handling of raisins produced from grapes grown 
in California.
    The domestic 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 
varietal types, and provides authority for the Raisin Administrative 
Committee (RAC), with the approval of USDA, to change this list. A 
description of these varietal types, along with additional varietal 
types, is specified in Sec.  989.110 of the order's administrative 
rules and regulations.
    In August 2001, the RAC, which locally administers the order, 
recommended changing the domestic regulation to add a new varietal type 
of raisin. Some California industry members are marketing a new type of 
raisin that is made by dehydrating sulfured red seedless grapes. These 
raisins did not fit into any of the existing varietal types specified 
under the order prior to the issuance of the rulemaking action 
mentioned below. 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 
green amber in color when sulfured. Red seedless grapes typically vary 
in color when sulfured. Thus, the RAC recommended establishing a new 
varietal type, along with quality requirements, for Other Seedless-
Sulfured raisins. An interim final rule implementing this 
recommendation was published in the Federal Register on May 28, 2002 
(67 FR 36789) and became effective on May 29, 2002. Comments were 
invited until July 29, 2002. No comments were received. A final rule on 
this action will be published in a different issue of the Federal 
Register.
    This rule brings the raisin import regulation into conformity with 
the domestic order. This action adds Other Seedless-Sulfured raisins to 
the list of varietal types specified in Sec.  999.300(a)(2) of the 
raisin import regulation. This rule also adds Other Seedless-Sulfured 
raisins to Sec.  999.300(b)(1); thus, imports of such raisins will have 
to meet the same quality requirements in effect for such raisins 
domestically produced. USDA is not aware of any imports of this type of 
raisin at this time.
    Accordingly, imported lots of Other Seedless-Sulfured raisins will 
have to meet the requirements of U.S. Grade C as defined in the United 
States Standards for Grades of Processed Raisins (Sec. Sec.  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 will have to be well-matured or reasonably well-
matured. With respect to select-sized and mixed-sized lots, the raisins 
will have to at least meet the U.S. Grade B tolerances for pieces of 
stem and undeveloped and substandard raisins, and small (midget) sized 
raisins will have to meet the U.S. Grade C tolerances for those 
factors. Raisin importers will continue to be charged $47 per hour by 
USDA for inspecting the raisins.

Final 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 final 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. Import regulations issued under 
the Act

[[Page 57505]]

are based on those established under Federal marketing orders.
    There are approximately 75 importers of raisins. During the 2000-01 
season (August 2000 through September 2001), the dollar value of U.S. 
raisin imports totaled $12.2 million. During the 1999-2000 season, the 
value was $21.7 million. During the 1996-97 through 2000-01 seasons, 
the value of imports ranged from a low of $11.8 million in 1997-98 to a 
high of $29.6 million in 1998-99. Small agricultural service firms, 
which include raisin importers, are defined by the Small Business 
Administration (13 CFR 121.201) as those having annual receipts of less 
than $5,000,000. A majority of importers may be classified as small 
entities.
    Mexico, Chile, Argentina, and the Republic of South Africa are the 
major raisin-producing countries exporting raisins to the United 
States. During the 2000-01 season, 11,631 metric tons of raisins were 
imported into the United States. Chile accounted for 4,841 metric tons, 
3,811 metric tons arrived from Mexico, 1,245 metric tons were imported 
from Argentina, and 1,245 metric tons arrived from the Republic of 
South Africa. Most of the remaining balance came from Iran, Turkey, and 
Pakistan. During the 1999-2000 season, 17,538 metric tons of raisins 
were imported. Of the tonnage, 6,076 metric tons came from Mexico, 
6,134 metric tons came from Chile, 2,436 tons arrived from Argentina, 
and 1,400 metric tons were from the Republic of South Africa. Most the 
remaining tonnage was imported from Afghanistan, Turkey, and Pakistan. 
During the 1996-97 through 2000-01 seasons, raisins imports ranged from 
a low of 10,390 metric tons in 1997-98 to a high of 25,337 metric tons 
in 1998-99.
    This rule adds Other Seedless-Sulfured raisins to the list of 
varietal types specified in Sec.  999.300(a)(2) of the raisin import 
regulation. This rule also adds Other Seedless-Sulfured raisins to 
Sec.  999.300(b)(1); thus, imports of such raisins will have to meet 
the same quality requirements in effect for such domestically produced 
raisins. Authority for these changes is provided in section 8e of the 
Act.
    Regarding the impact of this action on affected entities, this rule 
brings the import regulation into conformity with the domestic 
regulation. The domestic regulation was changed on May 29, 2002 (67 FR 
36789) to add a varietal type, along with quality requirements, for 
Other Seedless-Sulfured raisins. This is a new type of raisin being 
produced by some members of the California raisin industry. 
Accordingly, under section 8e of the Act, imports of Other Seedless-
Sulfured raisins will have to meet the same quality requirements as the 
domestic product. Raisin importers will continue to be charged $47 per 
ton by USDA for inspecting the raisins. As previously stated, USDA is 
not aware at this time of any imports of this type of raisin.
    With regard to alternatives, as previously stated, the Act requires 
that raisin imports meet the same or comparable grade and size 
requirements as those in effect under Federal Marketing Order No. 989.
    This rule will impose no additional reporting or recordkeeping 
requirements on either small or large raisin importers. Reports and 
forms required under the raisin import regulation are periodically 
reviewed to reduce information requirements and duplication by industry 
and public sector agencies. There are currently two forms required 
under the raisin import regulation. Forms 1 and 2 must be completed 
only for lots of raisins that do not meet applicable grade and size 
requirements and are going to be used in the production of other 
products besides raisins. In accordance with the Paperwork Reduction 
Act of 1995 (44 U.S.C. Chapter 35), the information collection 
requirements referenced herein have been approved by the Office of 
Management and Budget (OMB) under OMB. NO. 0581-0178. It is estimated 
that it takes importers of raisins about 15 minutes to complete Raisin 
Form No. 1, and processors of failing imported raisins about 15 minutes 
to complete Raisin Form No. 2. The total annual burden for Raisin Form 
Nos. 1 and 2, respectively, is 24 hours.
    Additionally, except for applicable domestic regulations, USDA has 
not identified any relevant Federal rules that duplicate, overlap, or 
conflict with this rule. However, as previously stated, imports of 
Other Seedless-Sulfured raisins must meet a modified U.S. Grade C as 
defined in the United States Standards for Grades of Processed Raisins 
(Sec. Sec.  52.1841 through 52.1858) issued under the Agricultural 
Marketing Act of 1946 (7 U.S.C. 1622 through 1624). Finally, all 
interested persons were invited to submit information on the regulatory 
and information impact of this action on small businesses.
    A proposed rule concerning this action was published in the Federal 
Register on June 14, 2002 (67 FR 40879). Copies of the proposed rule 
were also mailed or sent via facsimile to raisin importers and other 
interested persons. Finally, the proposal was made available through 
the Internet by the Office of the Federal Register and USDA. A 60-day 
comment period ending August 13, 2002, was provided for interested 
persons to respond to the proposal. No comments were received.
    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.
    In accordance with section 8e of the Act, the United States Trade 
Representative has concurred with the issuance of this final rule.
    After consideration of all relevant material presented and 
information available to USDA, it is hereby found that this rule, as 
hereinafter set forth, will tend to effectuate the purposes of the Act.

List of Subjects in 7 CFR Part 999

    Dates, Filberts, Food grades and standards, Imports, Nuts, Prunes, 
Raisins, Reporting and recordkeeping requirements.


    For the reasons set forth in the preamble, 7 CFR part 999 is 
amended to read as followed:

PART 999--SPECIALITY 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.  999.300, paragraphs (a)(2) and (b)(1) are revised to 
read as follows:


Sec.  999.300  Regulation governing importation of raisins.

    (a) * * *
    (2) Varietal type means the applicable one of the following: 
Thompson Seedless raisins, Muscat raisins, Layer Muscat raisins, 
Currant raisins, Monukka raisins, Other Seedless raisins, Golden 
Seedless raisins, and Other Seedless-Sulfured raisins.
* * * * *
    (b) * * *
    (1) With respect to Thompson Seedless and Other Seedless-Sulfured 
raisins--the requirements of U.S. Grade C as defined in the effective 
United States Standards of Grades of Processed Raisins (Sec. Sec.  
52.1841 through 52.1858 of this title): Provided, That, at least 70 
percent, by weight, of the raisins shall be well-matured or reasonably 
well-matured. With respect to select-sized and mixed-sized lots, the 
raisins shall at least meet the U.S. Grade B tolerances for pieces of 
stem and undeveloped and substandard raisins, and small (midget)

[[Page 57506]]

sized raisins shall meet the U.S. Grade C tolerances for those factors;
* * * * *

    Dated: September 4, 2002.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 02-23035 Filed 9-10-02; 8:45 am]
BILLING CODE 3410-02-P