[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)]
[Proposed Rules]
[Pages 50803-50804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20391]
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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. 80, No. 162 / Friday, August 21, 2015 /
Proposed Rules
[[Page 50803]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 52
[Document Number AMS-FV-14-0087, FV-15-329]
United States Standards for Grades of Processed Raisins
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: The Agricultural Marketing Service (AMS) of the Department of
Agriculture (USDA) proposes to revise the United States Standards for
Grades of Processed Raisins. AMS is proposing to remove five references
to the term ``midget'' throughout the standards. These changes would
modernize and clarify the standards by removing dual terminology for
the same requirement.
DATES: Comments must be submitted on or before October 20, 2015.
ADDRESSES: Interested persons are invited to submit comments to the
Standardization Branch, Specialty Crops Inspection Division, Fruit and
Vegetable Program, Agricultural Marketing Service, U.S. Department of
Agriculture, National Training and Development Center, 100 Riverside
Parkway, Suite 101, Fredericksburg, Virginia 22406; fax: (540) 361-
1199, or on the Web at: www.regulations.gov. Comments should reference
the dates and page number of this issue of the Federal Register and
will be made available for public inspection in the above office during
regular business hours. All comments submitted in response to this
notice will be included in the public record and will be made available
to the public and can be viewed as submitted, including any personal
information that you provide, on the Internet via http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Lindsay H. Mitchell at the address
above, 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. Copies of the current U.S. Standards for Grades
of Processed Raisins are available on the Specialty Crops Inspection
Division Web site at www.ams.usda.gov/scihome.
SUPPLEMENTARY INFORMATION: The proposed changes remove the dual
nomenclature terminology ``small or midget'' for the same requirement
from the United States 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, 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 requirements of the Regulatory Flexibility Act (RFA) (5
U.S.C. 601-612), the Agricultural Marketing Service (AMS) has
considered the economic impact of this proposed rule 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
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 $7,000,000 (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, a majority
of producers and approximately 18 handlers of California raisins may be
classified as small entities. This action should not have any impact on
handlers' or growers' benefits or costs.
The action would clarify AMS grade standards by eliminating the use
of the term ``midget,'' while consistently using the term ``small'' for
raisins graded in that category. The industry has used the two grade
terms interchangeably for years. The proposed grade standards would be
applied uniformly by all handlers.
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), this rule would not change the information collection and
recordkeeping requirements previously approved, and would 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
[[Page 50804]]
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 have to 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 imported raisins to
meet grade, size, and quality under the applicable marketing order (7
CFR part 999).
Background
AMS continually reviews all fruit and vegetable grade standards to
ensure their usefulness in 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. The RAC represents
the entire California raisin industry; no other state produces raisins
commercially. On August 14, 2014, the RAC approved the removal of the
term midget from the standards.
AMS is proposing to remove 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 proposed revisions would modernize and help
clarify the language of the standard by removing dual terminology for
the same requirement.
The proposed rule provides a 60-day period during which interested
parties may comment on the revisions to the standard.
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 proposed to
be 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 [Amended]
* * * * *
(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 which does not meet either
the requirements for ``select'' size; or for ``small'' size.
* * * * *
0
3. In Sec. 52.1846, Table I, is amended, under ``Substandard
Development and Undeveloped'' by revising the entry for ``small size''
to read as follows:
Sec. 52.1846 Grades of seedless raisins.
* * * * *
Table I
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* * * * * * *
Defects U.S. Grade A U.S. Grade B U.S. Grade C
* * * * * * *
Substandard Development and Total.................... Total................... Total
Undeveloped.
* * * * * * *
Small size....................... 2........................ 3....................... 5
* * * * * * *
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4. In Sec. 52.1850, paragraphs (a)(2) and (3) are revised to read as
follows:
Sec. 52.1850 [Amended]
* * * * *
(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: August 13, 2015.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2015-20391 Filed 8-20-15; 8:45 am]
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