[Federal Register Volume 84, Number 207 (Friday, October 25, 2019)]
[Proposed Rules]
[Pages 57369-57370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23236]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 84, No. 207 / Friday, October 25, 2019 /
Proposed Rules
[[Page 57369]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 925 and 944
[Doc. No. AMS-SC-16-0009; SC16-925-2]
Grapes Grown in Designated Area of Southeastern California and
Imported Table Grapes; Removing Varietal Exemptions; Withdrawal
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Withdrawal of proposed rule.
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SUMMARY: The U.S. Department of Agriculture withdraws a proposed rule
recommended by the California Desert Grape Administrative Committee
(Committee) to remove varietal exemptions from the California table
grape marketing order and the table grape import regulation as well as
to remove administrative exemptions previously granted for certain
varieties of imported grapes. After reviewing and considering the
comments received, the proposed rule is being withdrawn.
DATES: As of October 25, 2019, the proposed rule published on June 23,
2017, at 82 FR 28589, is withdrawn.
FOR FURTHER INFORMATION CONTACT: Maria Stobbe, Marketing Specialist, or
Terry Vawter, Senior Marketing Specialist, California Marketing Field
Office, Marketing Order and Agreement Division, Specialty Crops
Program, AMS, USDA; Telephone: (559) 487-5901, Fax: (559) 487-5906, or
Email: [email protected] or [email protected].
SUPPLEMENTARY INFORMATION: This withdrawal is issued under Marketing
Order No. 925, as amended (7 CFR part 925), regulating the handling of
grapes grown in a designated area of southeastern California. Part 925
(referred to as the ``Order'') is effective under the Agricultural
Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674),
hereinafter referred as the ``Act.'' The Committee locally administers
the Order and is comprised of producers of California table grapes
grown in a designated area of southeastern California, and a public
member.
This withdrawal is also issued under section 8e of the Act, which
provides that whenever certain specific commodities, including table
grapes, are regulated under a Federal marketing order, imports of those
commodities into the United States are prohibited unless they meet the
same or comparable quality, grade, size, and maturity requirements as
those in effect for the domestically produced commodity.
This action withdraws a proposed rule published in the Federal
Register on June 23, 2017, (82 FR 28589) to remove varietal exemptions
from the Order and import regulation as well as to remove
administrative exemptions from the import regulation. Specifically, the
proposed rule would have removed existing varietal exemptions (Emperor,
Calmeria, Almeria, and Ribier) from the Order. As a result, all table
grapes, regardless of variety, grown in the production area during the
regulatory period (April 10 through July 10 each year) would have been
subject to grade, size, quality, maturity, pack, and container
requirements of the Order and would have been subject to inspection and
certification requirements.
Additionally, the proposed rule would have removed the same
varietal exemptions from the import regulation. Accordingly, all table
grapes imported into the United States during the regulatory period
would have been subject to grade, size, quality, and maturity
regulations specified in the import regulation and would have been
subject to inspection and certification requirements.
In conjunction with these changes, the proposed rule would have
removed administrative exemptions from the import regulation for
sixteen imported varieties (Italia Pirovano [Blanca Italia], Christmas
Rose, Muscatel, Barlinka, Dauphine, Kyoho, Waltham Cross, Alphonse
Lavallee, Bien Donne, Bonnoir [Bonheur], La Rochelle, Queen, Rouge,
Sonita, Tokay, and Red Globe).
During the proposed rule's 60-day comment period, fifteen comments
were received. All the comments may be viewed on the internet at http://www.regulations.gov. Of the fifteen comments received, one was in
support, thirteen were opposed, and one did not pertain to the issue
raised in the proposed rule. The supportive comment was from a
California table grape industry association and was in favor of the
proposed changes. Each of the thirteen opposing commenters represented
an entity involved in the importation or marketing of imported table
grapes: Six were from distributors of imported grapes based in
Delaware, Pennsylvania, New Jersey, and California; two represented
shipping ports; three represented trade associations; one was from an
exporters' association; and one was from a foreign embassy.
The opposing comments noted that the changes would result in job
losses as well as a substantive increase in burden and costs to
shippers and exporters in handling and storage costs, without adding
quality benefits. The commenters stated that this could lead to reduced
efficiency and vitality of export operations. Commenters also stated
inspection delays and associated costs are not warranted because
imported grapes do not compete on a seeded vs seedless basis. Another
commenter noted that the changes would represent a major barrier to
trade by eliminating exemptions, thereby restricting the flow of table
grapes to market, causing economic harm to the shipper and possibly the
consumer of table grapes.
Some commenters stated that the proposed rule did not contain
quantifiable data that demonstrated support for the removal of all
grape varietal exemptions from the Order and that no evidence supported
eliminating previously exempted varieties shipped and sold prior to the
first availability of the same comparable domestic varieties. In
addition, they stated that imported grapes have not been shown to
impact prices on any of the domestically produced exempted varieties.
Commenters also contended that the proposed changes are not
supported by law or data and that it is not appropriate to deviate from
the long-standing agency determination to exempt varieties not
domestically produced.
After reviewing and considering the comments received, the
Agricultural Marketing Service (AMS) has determined that the proposed
rule to remove varietal exemptions from the Order and the table grape
import
[[Page 57370]]
regulation should not be finalized. AMS intends to conduct outreach
with the California table grape industry stakeholders and consider
whether changes will be proposed in the future. Accordingly, the
proposed rule to remove varietal exemptions from the Order and import
regulation published in the Federal Register on June 23, 2017, (82 FR
28589) is hereby withdrawn.
List of Subjects in 7 CFR Part 925
Grapes, Marketing agreements, Reporting and recordkeeping
requirements.
Authority: 7 U.S.C. 601-674.
List of Subjects in 7 CFR Part 944
Avocados, Food grades and standards, Grapefruit, Grapes, Imports,
Kiwifruit, Limes, Olives, Oranges.
Authority: 7 U.S.C. 601-674.
Dated: October 21, 2019.
Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2019-23236 Filed 10-24-19; 8:45 am]
BILLING CODE 3410-02-P