[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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Rules and Regulations
Federal Register
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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.
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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
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Defects U.S. Grade A U.S. Grade B U.S. Grade C
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* * * * * * *
Substandard development and undeveloped...................... Total Total Total
* * * * * * *
Small size................................................... 2 3 5
* * * * * * *
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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