Specialty Crops; Import RegulationsExemption of Brine Dried Prunes From Import Requirements

[[Page 57910]]

DEPARTMENT OF AGRICULTURE

7 CFR Part 999

[FV95-999-1IFR]

Specialty Crops; Import Regulations--Exemption of Brine Dried

Prunes From Import Requirements

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: This rule exempts brine dried prunes from import requirements

by specifying that brine dried prunes do not fall within the definition

of prunes in the import regulation. This rule is implemented in

accordance with section 8e of the Agricultural Marketing Agreement Act

of 1937. Section 8e requires imports of prunes to meet the same or

comparable requirements as those implemented under the Federal

Marketing Order No. 993, regulating the handling of dried prunes

produced in California. The Department has determined that brine dried

prunes are different than those normally handled by California prune

handlers and that such prunes shall not be subject to section 8e import

requirements.

DATES: Effective November 24, 1995. Comments which are received by

December 26, 1995 will be considered prior to the issuance of a final

rule.

FOR FURTHER INFORMATION CONTACT: Valerie L. Emmer, Marketing

Specialist, Marketing Order Administration Branch, Fruit and Vegetable

Division, AMS, USDA, room 2523-S, P.O. Box 96456, Washington, DC 20090-

6456; telephone: 202-205-2829.

SUPPLEMENTARY INFORMATION: This interim final rule, exempting brine

dried prunes from import requirements in Sec. 999.200, is issued under

section 8e of the Agricultural Marketing Agreement Act of 1937, as

amended (7 U.S.C. 601-674) (Act). Section 8e provides that whenever

certain specified commodities, including prunes, are regulated under a

Federal marketing order, imports of those commodities must meet the

same or comparable grade, size, quality, and maturity requirements as

those in effect for the domestically produced commodities.

The Department of Agriculture (Department) is issuing this rule in

conformance with Executive Order 12866.

This interim final rule has been reviewed under Executive Order

12778, Civil Justice Reform. This rule is not intended to have

retroactive effect. This rule would 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 import regulations

issued under section 8e of the Act.

Pursuant to the requirements set forth in the Regulatory

Flexibility Act (RFA), the Administrator of the Agricultural Marketing

Service (AMS) has considered the economic impact of this proposed rule

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. Marketing orders issued

pursuant to the Act, and rules issued thereunder, are unique in that

they are brought about through group action of essentially small

entities acting on their own behalf.

Import regulations issued under section 8e of the Act are based on

regulations established under Federal marketing orders for fresh

fruits, vegetables, and specialty crops, like prunes. Thus, import

regulations also have small entity orientation and impact both small

and large business entities in a manner comparable to rules issued

under such marketing orders.

There are approximately 10 importers who may be affected by this

interim final rule. Small agricultural service firms, which include

importers of dried prunes, have been defined by the Small Business

Administration (13 CFR 121.601) as those whose annual receipts are less

than $5,000,000. The majority of these importers may be classified as

small entities.

Currently, sulfur-bleached prunes, commonly known as silver prunes,

and high moisture plums are exempt from import requirements. The

Department is issuing this rule to add brine dried prunes as an

additional exemption under the import regulation. Brine dried prunes

are different in form and character than those prunes handled by

California handlers, and were never intended to be subject to section

8e import requirements. Therefore, it is appropriate that they be

exempted from the dried prune import regulation specified in

Sec. 999.200. Brine dried prunes are imported under International

Harmonized Tariff Schedule No. 0813.20.1000. All other prunes handled

by California handlers are imported under Harmonized Tariff Schedule

No. 0813.20.2000.

To exempt brine dried prunes from import regulation requirements,

the definition of ``prunes'' in paragraph (a)(1) of Sec. 999.200, is

amended to add brine dried prunes as an exclusion from that definition.

Brine dried prunes are defined as prunes that have been impregnated

with brine or salt during the dehydration process to the extent that

they have lost their form and character as prunes and cannot be

reconstituted to permit economic use of the individual fruits as

prunes, and are imported under International Harmonized Tariff Schedule

No. 0813.20.1000.

In accordance with section 8e of the Act, the United States Trade

Representative (USTR) has concurred with the issuance of this interim

final rule.

Based on available information, the Administrator of the AMS has

determined that the issuance of this interim final rule will not have a

significant economic impact on a substantial number of small entities.

The information collection requirements contained in the referenced

section have been previously approved by the Office of Management and

Budget (OMB) under the provisions of 44 U.S.C. Chapter 35 and have been

assigned OMB number 0581-0099.

After consideration of all relevant information presented, it is

found that the issuance of this rule 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 implementing this action

and that good cause exists for not postponing the effective date of

this action until 30 days after publication in the Federal Register

because: (1) This action relaxes requirements on importers of brine

dried prunes; (2) the only known importer of brine dried prunes is

aware of this action; and (3) 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 999

Dates, Filberts, Food grades and standards, Imports, Nuts, Prunes,

Raisins, Reporting and recordkeeping requirements, Walnuts.

For the reasons set forth in the preamble, 7 CFR part 999 is

amended to read as follows:

PART 999--SPECIALTY CROPS; IMPORT REGULATIONS

1. The authority citation for 7 CFR part 999 continues to read as

follows:

Authority: 7 U.S.C. 601-674.

2. In Sec. 999.200, paragraph (a)(1) is amended by removing the

word ``and''

[[Page 57911]]

after the words, ``silver prunes;'', removing the period after the

words, ``other artificial means of preservation'' and adding in its

place the word ``; and'', and adding a new paragraph (a)(1)(iii) to

read as follows:

Sec. 999.200 Regulation governing the importation of prunes.

* * * * *

(i) * * *

(ii) * * *

(iii) brine dried prunes that have been impregnated with brine or

salt during the dehydration process to the extent that they have lost

their form and character as prunes, and cannot be reconstituted to

permit economic use of the individual fruits as prunes, and are

imported under International Harmonized Tariff Schedule No.

0813.20.1000.

* * * * *

Dated: November 20, 1995.

Sharon Bomer Lauritsen,

Director, Fruit and Vegetable Division.

[FR Doc. 95-28696 Filed 11-22-95; 8:45 am]

BILLING CODE 3410-02-P