[Federal Register Volume 61, Number 188 (Thursday, September 26, 1996)]
[Rules and Regulations]
[Pages 50421-50423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24663]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
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The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 61, No. 188 / Thursday, September 26, 1996 /
Rules and Regulations
[[Page 50421]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 33
[Docket No. FV-96-33-1 IFR]
Regulations Issued Under the Export Apple and Pear Act;
Relaxation of Grade Requirements for Apples and Pears Shipped to
Pacific Ports of Russia
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule with request for comments.
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SUMMARY: This document relaxes the minimum grade requirements issued
under the Export Apple and Pear Act for U.S.-grown apples and pears
shipped to Pacific ports of Russia. Container marking provisions also
are relaxed for such shipments. These changes are designed to develop
Eastern Russia as an export market for apples and pears. This rule was
recommended by the Northwest Horticultural Council (Council), an
organization representing the Northwest fruit industry.
DATES: Effective September 27, 1996. Comments must be received by
October 28, 1996.
ADDRESSES: Interested persons are invited to submit written comments
concerning this rule. Comments must be sent in triplicate to the Docket
Clerk, Fruit and Vegetable Division, AMS, USDA, Room 2525-S, PO Box
96456, Washington, DC 20090-6456, Fax # (202) 720-5698. All comments
should reference the docket number and the date and page number of this
issue of the Federal Register and will be made available for public
inspection in the Office of the Docket Clerk during regular business
hours.
FOR FURTHER INFORMATION CONTACT: Dennis L. West, Marketing Specialist,
Northwest Marketing Field Office, Marketing Order Administration
Branch, Fruit and Vegetable Division, AMS, USDA, 1220 SW Third Avenue,
room 369, Portland, Oregon 97204-2807; telephone: (503) 326-2724, Fax #
(503) 326-7440; or William R. Addington, Marketing Specialist,
Marketing Order Administration Branch, Fruit and Vegetable Division,
AMS, USDA, PO Box 96456, room 2523-S, Washington, DC 20090-6456;
telephone: (202) 720-2412, Fax # (202) 720-5698. Small businesses may
request information on compliance with this regulation by contacting:
Jay Guerber, Marketing Order Administration Branch, Fruit and Vegetable
Division, AMS, USDA, PO Box 96456, room 2523-S, Washington, DC 20090-
6456; telephone: (202) 720-2491, Fax # (202) 720-5698.
SUPPLEMENTARY INFORMATION: This interim final rule is issued under
authority of the Export Apple and Pear Act, as amended, (7 U.S.C. 581-
590), hereinafter referred to as the ``Act.'' This rule will amend
``Regulations Issued Under Authority of the Export Apple and Pear Act''
(7 CFR part 33).
The Department of Agriculture (Department) is issuing this rule in
conformance with Executive Order 12866.
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule is not intended to have retroactive effect.
This rule will not preempt any State or local laws, regulations, or
policies, unless they present an irreconcilable conflict with this
rule. There are no administrative procedures which must be exhausted
prior to any judicial challenge to the provisions of this rule.
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA), the Agricultural Marketing Service (AMS) has considered the
economic impact of this action on small entities. The purpose of the
RFA is to fit regulatory actions to the scale of business subject to
such actions in order that small businesses will not be unduly or
disproportionately burdened.
The Act and regulations effective thereunder apply to exporters and
export carriers of apples and pears. In the United States, there are
approximately 450 firms which pack and export apples and 300 firms
which pack and export pears that are potentially subject to regulations
under the authority of the Act. Small agricultural service firms, which
include firms that pack and export apples and pears, have been defined
by the Small Business Administration (13 CFR 121.601) as those having
annual receipts of less than $5,000,000. The majority of apple and pear
exporters regulated under the Act may be classified as small entities.
This interim final rule invites comments on changes to the regulations
currently issued under the Act. This rule relaxes the minimum grade
requirements issued under the Act for U.S.-grown apples and pears only
shipped to Pacific ports of Russia. Container marking provisions also
are relaxed for such shipments. This rule will provide all exporters
additional flexibility in marketing apples and pears of different
grades and quality in Russian port cities and areas along the Pacific
Ocean. These changes are designed to develop export markets for apples
and pears in these areas. This rule does not preclude shipments of
apples and pears of higher than the minimum quality from being shipped
to Russian Pacific ports. This should benefit both large and small
exporters of apples and pears. Therefore, the AMS has determined that
this action will not have a significant economic impact on a
substantial number of small entities. Interested persons are invited to
submit information on the regulatory and informational impacts of this
action on small businesses.
Section 33.10 of the ``Regulations Issued Under Authority of the
Export Apple and Pear Act'' establishes minimum grade and container
marking requirements for export shipments of apples and pears.
Currently, export shipments of apples must meet a minimum grade of U.S.
No. 1 or U.S. No. 1 Early as specified in the United States Standards
for Apples (7 CFR part 51, Secs. 51.300-51.323). Exports of summer and
fall pears must meet a minimum grade of U.S. No. 2 as specified in the
United States Standards for Summer and Fall Pears (7 CFR part 51,
Secs. 51.1260-51.1280). Exports of winter pears also must meet the
minimum grade of U.S. No. 2 as specified in the United States Standards
for Winter Pears (7 CFR part 51, Secs. 51.1300-51.1323). Additional
restrictions for apple maggot and San Jose scale apply to both apples
and pears.
[[Page 50422]]
This rule reduces the minimum grade requirements as follows.
The minimum grade for fresh apples exported to Russian Pacific
ports is reduced to U.S. Utility grade (7 CFR part 51, Sec. 51.303) or
U.S. No. 1 Hail (7 CFR part 51, Sec. 51.302(b)) for apples damaged by
hail.
The minimum requirements for summer and fall pears exported to
Russian Pacific ports are listed in the regulatory text of this
regulation. The requirements provide that the pears should be of one
variety that are mature, hand picked, clean, sound and free from hard-
end; and free from serious damage caused by broken skin, insects,
disease, hail marks, limbrubs, heavy russet, or other means; and shall
not be so excessively elongated or flattened as to preclude the cutting
of one good half. The requirements also include necessary definitions
and explanations of some provisions and a list of tolerances which are
applied to each lot at the time of packing.
Finally, the minimum requirements for winter pears exported to
Russian Pacific ports also are listed in the regulatory text of this
regulation. The requirements provide that the pears be of one variety
which are mature, hand picked, clean, sound, not very seriously
misshapen, free from black end, free from damage caused by hard end,
broken skins, and free from serious damage caused by cork spot or
bruises. ``Very seriously misshapen'' means that the pear is
excessively flattened, elongated for the variety, or is constricted or
deformed so it will not cut one good half or two fairly uniform
quarters. The requirements also include necessary definitions and
explanations of some provisions and a list of tolerances which are
applied to each lot at the time of packing.
Handlers may ship apples and pears of higher grade quality than the
minimum requirements established in this regulation.
Paragraph (d)(3) of Sec. 33.10 Minimum requirements of the
implementing regulations provides that each package of apples and pears
be marked plainly and conspicuously with the name of the U.S. grade or
the name of a State grade applicable to the product being exported.
However, the new minimum requirement for pears is not equivalent to a
U.S. grade, as required by paragraph (d)(3) and, thus, cannot be marked
on containers. Therefore the Department has determined that the marking
requirements of paragraph (d)(3) should not apply to shipments of pears
shipped to Pacific ports of Russia meeting minimum quality
requirements. This regulation adds a proviso to paragraph (d)(3).
Apples shipped according to the minimum grade standard in this
regulation are not exempt from the grade marking provisions and must be
properly marked pursuant to paragraph (d).
The additional restrictions for apple maggot and San Jose scale
continue to apply to apples and pears shipped to any foreign
destination.
The Council, an organization that represents a substantial portion
of the fruit industry in the Northwest States of Oregon, Washington,
and Idaho, recommended these changes in the current export regulations.
The Council advises that a change in requirements is needed to
develop export markets for apples and pears to Pacific ports of Russia.
According to the Council, exporters indicate that there is a demand in
this relatively new export market of Eastern Russia for apples and
pears of a lower grade than the current requirements allow. This change
is expected to increase sales opportunities in a market willing to
accept apples and pears that are lower in overall quality and less
uniform in appearance than most export markets will accept.
The Council reports that weather and growing conditions are
expected to adversely affect the appearance and quality of a
significant portion of the 1996 pear crop. The Council believes this
change will facilitate market development efforts for apples and pears
to Pacific ports of Russia. Apples and pears which are not shipped for
fresh consumption in either domestic or foreign markets are usually
disposed of in processing outlets, such as juice. Processing outlets
are not normally as profitable as fresh market outlets.
The Council and other industry groups conduct periodic meetings and
consider recommendations for modification, suspension, or termination
of the regulatory requirements under the Act. These meetings are open
to the public, and interested persons are given an opportunity to
express their views. The Department reviews recommendations and
information submitted by these and other industry groups as well as
other available information and determines whether such modification,
suspension, or termination of the regulatory requirements would tend to
effectuate the purposes of the Act.
After consideration of all relevant material presented, including
the Council's recommendation, and other available information, it is
found that this interim final rule, as hereinafter set forth, will tend
to effectuate the declared policy of the Act.
Pursuant to 5 U.S.C. 553, it is also found and determined upon good
cause that it is impracticable, unnecessary, and contrary to the public
interest to give preliminary notice prior to putting this rule into
effect and that good cause exists for not postponing the effective date
of the rule until 30 days after publication in the Federal Register
because: (1) This rule relaxes the current grade requirements for
apples and pears shipped to Pacific ports of Russia; (2) exporters have
indicated that sales opportunities exist in Eastern Russia and that
they would like to take advantage of these opportunities as soon as
possible; (3) apples and pears are shipped throughout the year, and
this rule should be in effect promptly so exporters can make marketing
plans; and (4) this rule provides a 30-day comment period and any
comments received will be considered prior to finalization of this
rule.
List of Subjects in 7 CFR Part 33
Administrative practice and procedure, Exports, Apples, Pears,
Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, 7 CFR part 33 is amended
as follows:
PART 33--EXPORT APPLES AND PEARS
1. The authority citation for 7 CFR part 33 continues to read as
follows:
Authority: Sec. 7, 48 Stat. 124; 7 U.S.C. 587.
2. In Sec. 33.10, paragraph (a), (b), and (d) are revised to read
as follows:
Sec. 33.10 Minimum requirements.
* * * * *
(a) Apples grade at least U.S. No. 1 or U.S. No. 1 Early: Provided,
That apples for export to Pacific ports of Russia shall grade at least
U.S. Utility or U.S. No. 1 Hail for hail-damaged apples, as specified
in the United States Standards for Apples (Secs. 51.300-51.323 of this
chapter): Provided further, That apples for export to any foreign
destination do not contain apple maggot, and do not have more than 2
percent, by count, of apples with apple maggot injury, nor more than 2
percent, by count, of apples infested with San Jose scale or scale of
similar appearance;
(b) Pears grade at least U.S. No. 2 as specified in the United
States Standards for Summer and Fall Pears, such as Bartlett, Hardy,
and other similar varieties (Secs. 51.1260-51.1280 of this chapter), or
in the United States Standards for Winter Pears, such as Anjou, Bosc,
Comice, and other similar
[[Page 50423]]
varieties (Secs. 51.1300-51.1323 of this chapter), do not contain apple
maggot, and do not have more than 2 percent, by count, of apples with
apple maggot injury, nor more than 2 percent, by count, of apples
infested with San Jose scale or scale of similar appearance: Provided,
That the minimum quality requirements for pears exported to Pacific
ports of Russia are as follows:
(1) Summer and fall pears shall be of one variety which are mature,
hand picked, clean, sound and free from hard-end; and free from serious
damage caused by broken skin, insects, disease, hail marks, limbrubs,
heavy russet, or other means; and shall not be so excessively elongated
or flattened as to preclude the cutting of one good half. Broken skin
must not exceed 1/4 inch in diameter. The following definitions shall
apply to all varieties:
Clean means reasonably free from dust, dirt, or honey dew.
Free from serious damage means defects when taken singly or
collectively shall not seriously affect the edible or culinary value of
the fruit.
Hand picked means that pears do not show evidence of rough handling
or of having been on the ground.
Hard-end means pears which show an abnormally yellow or green color
at the blossom end or an abnormally smooth rounded base with little or
no depression at the calyx, or if the flesh near the calyx is
abnormally dry and tough or woody. Pears affected by hard-end shall be
considered defects. Rat-tail shaped pears, or second bloom pears that
are tough or ridged shall be considered defects. At the time of
packing, not more than 10 percent, by count, of any lot may be below
the requirements of the grade, and not more than one-tenth of this
amount shall be allowed for decay and/or breakdown. Slight
imperfections which are not discernible in good commercial sorting
practice shall not be considered as defects. Small inconspicuous skin
breaks of less than 1/8 inch in diameter or depth shall not be
considered as damage, and not more than 15 percent of the pears in any
container may have not more than one skin break from 1/8 inch to 3/16
inch, inclusive, in diameter or depth. After pears have been placed in
storage, or in transit; scald, breakdown, decay, bitter pit, or
physical injury affecting keeping quality, which may have developed or
may only have become evident after pears are packed, are defined as
applying to condition rather than to grade. Pears also shall not
contain apple maggot, and shall not have more than 2 percent, by count,
of pears with apple maggot injury, nor more than 2 percent, by count,
of pears infested with San Jose scale or scale of similar appearance;
Mature means having reached the stage of maturity which will insure
a proper completion of the ripening process. Firmness of the flesh
shall be considered only in connection with other factors to determine
the degree of maturity. Sound means that pears at time of packing are
free from visible defects such as decay, breakdown, scald, bitter pit,
or physical injury affecting keeping quality. The following conditions
shall not be considered serious damage: healed insect depressions or
other surface blemishes which do not prevent the cutting of one good
half;
(2) Winter pears shall be of one variety which are mature, hand
picked, clean, sound, not very seriously misshapen, free from black
end, free from damage caused by hard end, broken skins, and from
serious damage caused by cork spot or bruises. The following
definitions shall apply to all varieties:
Black end is evidenced by an abnormally deep green color around the
calyx, or black spots usually occurring on one-third of the surface
nearest to the calyx, or by an abnormally shallow calyx cavity.
Clean means free from excessive dirt, dust, spray residue, or other
foreign material.
Damage by hard end means any injury or defect which materially
affects the appearance, edible or shipping quality. Any pear with one
skin break larger than \3/16\ inch in diameter or depth, or with more
than one skin break \1/8\ inch or larger in diameter or depth, shall be
considered damaged, and scored against the grade tolerance.
Handpicked means that the pears do not show evidence of having been
on the ground.
Hard end is an abnormal yellow color at the blossom end, or an
abnormally smooth, rounded base with little or no depression at the
calyx, or if the flesh near the calyx is abnormally dry and tough or
woody.
Mature means that the pear has reached the stage of maturity which
will insure the proper completion of the ripening process.
Overripe means dead ripe, very mealy or soft, past commercial
utility.
Serious damage by cork spot is when more than two cork spots are
visible externally, or when the visible external injury affects an
aggregate area of more than \1/2\ inch in diameter. Serious damage by
bruising is bruising which seriously affects the appearance, edible or
shipping quality. For a tolerance of 10 percent or more, individual
packages in any lot may contain not more than one and one-half times
the tolerance specified, except that when the package contains 15
specimens or less, individual packages may contain not more than double
the tolerance specified. For a tolerance of less than 10 percent,
individual packages in any lot may contain not more than double the
tolerance specified, provided at least one specimen which does not meet
the requirements shall be allowed in any one package. Pears also shall
not contain apple maggot, and shall not have more than 2 percent, by
count, of pears with apple maggot injury, nor more than 2 percent, by
count, of pears infested with San Jose scale or scale of similar
appearance;
* * * * *
(d) Each package of apples or pears is marked plainly and
conspicuously with:
(1) the name and address of the grower, packer, or domestic
distributor: Provided, That the name of the foreign distributor may be
placed on consumer unit packages shipped in a master container if such
master container is marked with the name and address of the grower,
packer, or domestic distributor;
(2) the variety of the apples or pears;
(3) the name of the U.S. grade or the name of a state grade if the
fruit meets each minimum requirement of a U.S. grade specified in this
section; and Provided further, That the marking requirements of this
paragraph shall not apply to pears meeting minimum quality requirements
of this section and shipped to Pacific ports of Russia.
Dated: September 20, 1996.
Robert C. Keeney,
Director, Fruit and Vegetable Division.
[FR Doc. 96-24663 Filed 9-25-96; 8:45 am]
BILLING CODE 3410-02-P