[Federal Register Volume 81, Number 121 (Thursday, June 23, 2016)]
[Rules and Regulations]
[Pages 40779-40780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14821]



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  Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules 
and Regulations  

[[Page 40779]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 52

[Document Number AMS-FV-14-0087, FV-16-329]


United States Standards for Grades of Processed Raisins

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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

SUMMARY: The Agricultural Marketing Service (AMS) of the U.S. 
Department of Agriculture (USDA) is revising the United States 
Standards for Grades of Processed Raisins by removing five references 
to the term ``midget'' throughout the standards. These changes will 
modernize and clarify the standards by removing dual terminology for 
the same requirement.

DATES: Effective July 25, 2016.

FOR FURTHER INFORMATION CONTACT: Lindsay Mitchell at Standardization 
Branch, Specialty Crops Inspection Division, Specialty Crops Program, 
Agricultural Marketing Service, U.S. Department of Agriculture, 
National Training and Development Center, Riverside Business Park, 100 
Riverside Parkway, Suite 101, Fredericksburg, VA 22406, or at phone 
(540) 361-1120; fax (540) 361-1199; or, email 
[email protected]. Copies of the proposed U.S. Standards 
for Grades of Processed Raisins are available on the Internet at http://www.regulations.gov. The current U.S. Standards for Grades of 
Processed Raisins are available on the Specialty Crops Inspection 
Division Web site at http://www.ams.usda.gov/grades-standards.

SUPPLEMENTARY INFORMATION: The changes remove the dual nomenclature 
terminology ``small or midget'' for the same requirement from the U.S. 
Standards for Grades of Processed Raisins. These revisions also affect 
the grade requirements under the marketing order, 7 CFR parts 989, 
issued under the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 
601-674) and applicable imports.

Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits, including potential economic, environmental, public 
health and safety effects, and distributive impacts and equity. 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits, reducing costs, harmonizing rules, and promoting 
flexibility. This rule has been determined to be not significant for 
purposes of Executive Order 12866 and, therefore, has not been reviewed 
by the Office of Management and Budget.

Executive Order 13175

    This action has been reviewed in accordance with the requirements 
of Executive Order 13175, Consultation and Coordination with Indian 
Tribal Governments. The review reveals that this regulation would not 
have substantial and direct effects on Tribal governments and would not 
have significant Tribal implications.

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. It is not intended to have retroactive effect. There 
are no administrative procedures that must be exhausted prior to any 
judicial challenge to the provisions of this rule.

Regulatory Flexibility Act and Paperwork Reduction Act

    Pursuant to the requirements of the Regulatory Flexibility Act 
(RFA) (5 U.S.C. 601-612), AMS has considered the economic impact of 
these revisions on small entities, and prepared the following final 
regulatory flexibility analysis.
    The purpose of the RFA is to fit regulatory actions to the scale of 
businesses subject to such actions so small businesses will not be 
unduly or disproportionately burdened. Marketing orders issued under 
the Act, and the rules issued thereunder, are unique in that they are 
brought about through group action of small entities acting on their 
own behalf.
    There are approximately 3,000 California raisin producers and 28 
handlers subject to regulation under the marketing order. The Small 
Business Administration defines small agricultural producers as those 
with annual receipts less than $750,000, and defines small agricultural 
service firms as those with annual receipts less than $7,500,000 (13 
CFR 121.201).
    Based on shipment data and other information provided by the Raisin 
Administrative Committee (RAC), which administers the Federal marketing 
order for raisins produced from grapes grown in California, most 
producers and approximately 18 handlers of California raisins may be 
classified as small entities. The RAC represents the entire California 
raisin industry; no other state produces raisins commercially. This 
action should not have any impact on handlers' or growers' benefits or 
costs.
    The action will clarify AMS grade standards by eliminating the use 
of the term ``midget'' and consistently using the term ``small'' for 
raisins graded in that category. The industry has used the two terms 
interchangeably for years. The proposed grade standards will be applied 
uniformly by all handlers.
    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), this rule will not change the information collection and 
recordkeeping requirements previously approved, and will impose no 
additional reporting or recordkeeping burden on domestic producers, 
first handlers, and importers of processed raisins.
    USDA has not identified any relevant Federal rules that duplicate, 
overlap, or conflict with this rule. The rule will impact marketing 
programs that regulate the handling of processed raisins under 7 CFR 
part 989. Raisins under a marketing order must meet certain 
requirements set forth in the grade standards. In addition, raisins are 
subject to section 8e import requirements under the Agricultural 
Marketing Act of 1937, as amended (7 U.S.C. 601-674), which requires 
that imported raisins meet grade, size, and

[[Page 40780]]

quality under the applicable marketing order (7 CFR part 999).

Background

    AMS continually reviews all fruit and vegetable grade standards to 
ensure their usefulness to the industry, and to modernize language and 
remove duplicative terminology. On May 13, 2013, AMS received a 
petition from the Little People of America stating that they ``are 
trying to raise awareness around and eliminate the use of the word 
midget.'' The petition further stated that, ``Though the use of the 
word midget by the USDA when classifying certain food products is 
benign, Little People of America, and the dwarfism community, hopes 
that the USDA would consider phasing out the term midget.''
    AMS determined that the processed raisin grade standard contained 
``small or midget'' terminology for the same requirement. Before 
developing these proposed revisions, AMS solicited comments and 
suggestions about the grade standards from the RAC, which represents 
the entire California raisin industry. On August 14, 2014, the RAC 
approved the removal of the term midget from the standards.
    On August 21, 2015, AMS published a Proposed Rule in the Federal 
Register (80 FR 50803) soliciting comments on removing five references 
to the term ``midget'' from the standards. Eight comments were 
submitted by October 20, 2015, the closing date of the public comment 
period. Five of the eight comments fully supported the revisions; three 
did not.
    Five commenters, one of which represents the dwarfism community, 
fully support the revisions. Four of them believe the issue is not 
about political correctness, but, rather, is a matter of common decency 
and respect. They also believe eliminating the term ``midget'' from 
USDA documents will raise awareness that the term is socially 
unacceptable. In addition, one commenter believes it is redundant to 
have two names for the same size category. All agree the term 
``midget'' is unneeded and should be removed.
    Two of the three opposing commenters believe the USDA should 
address more important issues and not concern themselves with being 
``politically correct.'' The third stated that even though they 
understand the concern of Little People of America, they believe 
addressing the issue is unnecessary, since, in their purchasing 
experience, they have never encountered raisins identified by size. The 
USDA and RAC support the Little People of America in the removal of the 
term ``midget'' from the raisin standards as a matter of common 
decency, that there is limited use of the term by industry, and because 
it is redundant as there is also the term ``small'' for the size 
category. No changes have been made to the rule based on the comments.
    Based on the information gathered, AMS is removing five references 
to the term ``midget'' in the following sections: 52.1845(b) and (c), 
52.1850(a)(2) and (a)(3), and Table I. The revisions will modernize and 
help clarify the language of the standard by removing dual terminology 
for the same requirement.

List of Subjects in 7 CFR Part 52

    Food grades and standards, Food labeling, Frozen foods, Fruit 
juices, Fruits, Reporting and recordkeeping requirements, Vegetables.

    For reasons set forth in the preamble, 7 CFR part 52 is amended as 
follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  7 U.S.C. 1621-1627.


0
2. In Sec.  52.1845, paragraphs (b) and (c) are revised to read as 
follows:


Sec.  52.1845  Sizes of seedless raisins.

* * * * *
    (b) Small size raisins means that 95 percent, by weight, of all the 
raisins will pass through round perforations \24/64\-inch in diameter, 
and not less than 70 percent, by weight, of all raisins will pass 
through round perforations \22/64\-inch in diameter.
    (c) Mixed size raisins means a mixture that does not meet either 
the requirements for ``select'' size or for ``small'' size.

0
3. In Sec.  52.1846, Table I is amended under the heading ``Substandard 
development and undeveloped'' by removing the entry for ``Small 
(Midget) size'' and adding in its place an entry for ``Small size'' to 
read as follows:


Sec.  52.1846  Grades of seedless raisins.

* * * * *

        Table I--Allowances for Defects in Type I, Seedless Raisins and Type II, Golden Seedless Raisins
----------------------------------------------------------------------------------------------------------------
                           Defects                               U.S. Grade A     U.S. Grade B     U.S. Grade C
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Substandard development and undeveloped......................           Total            Total            Total
 
                                                  * * * * * * *
Small size...................................................               2                3                5
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

0
4. In Sec.  52.1850, paragraphs (a)(2) and (3) are revised to read as 
follows:


Sec.  52.1850  Sizes of raisins with seeds--except layer or cluster.

* * * * *
    (a) * * *
    (2) Small size raisins means that all of the raisins will pass 
through round perforations \34/64\-inch in diameter and not less than 
90 percent, by weight, of all the raisins will pass through round 
perforations \22/64\-inch in diameter.
    (3) Mixed size raisins means a mixture does not meet either the 
requirements for ``select'' size or for ``small'' size.
* * * * *

    Dated: June 17, 2016.
Elanor Starmer,
Administrator, Agricultural Marketing Service.
[FR Doc. 2016-14821 Filed 6-22-16; 8:45 am]
 BILLING CODE 3410-02-P