[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]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 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comments received, the proposed rule is being withdrawn.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2017, at 82 FR 28589, is withdrawn.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