Regulations Issued Under the Export Grape and Plum Act; Exemption From Size Regulations for Black Corinth Grapes

SUMMARY: This interim final rule exempts the Black Corinth variety of

grapes from the minimum bunch and berry size requirements issued for

grapes under the Export Grape and Plum Act. This rule is designed to

expand the markets for this variety of grapes and to increase their

fresh utilization. This rule was recommended by the California Grape

and Tree Fruit League after the proposal had been presented at industry

meetings of growers and handlers.

DATES: Effective October 18, 1996; comments received by November 18,

1996, will be considered prior to issuance of a final rule.

ADDRESSES: Interested persons are invited to submit written comments

concerning this proposal. Comments must be sent in triplicate to the

Docket Clerk, Fruit and Vegetable Division, AMS, USDA, Room 2525, South

Building, P.O. Box 96456, Washington, D.C. 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, 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 or FAX (503)

326-7440; or William R. Addington, Marketing Order Administration

Branch, Fruit and Vegetable Division, AMS, USDA, P.O. Box 96456, room

2523-S, Washington, DC 20090-6456; telephone: (202) 720- 2412 or FAX

(202) 720-5698.

SUPPLEMENTARY INFORMATION: This rule is issued under authority of the

Export Grape and Plum Act, as amended, (7 U.S.C. 591-599), hereinafter

referred to as the ``Act.'' This rule amends ``Regulations Issued Under

Authority of the Export Grape and Plum Act'' (7 Part 35).

This rule has been determined not significant for purposes of

Executive Order 12866 and, therefore, has not been reviewed by the

Office of Management and Budget.

This rule has been reviewed under Executive Order 12778, 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.

Pursuant to requirements set forth in the Regulatory Flexibility

Act (RFA), the Administrator of 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. In the

United States there are approximately 250 handlers of table grapes that

are subject to regulations under the authority of the Export Grape and

Plum Act, and approximately 1300 grape producers. Small agricultural

service firms, which include handlers of grapes, have been defined by

the Small Business Administration (13 CFR 121.601) as those having

annual receipts of less than $5,000,000, and small agricultural

producers are defined as those whose annual receipts are less than

$500,000. The majority of grape handlers and producers regulated under

the Export Grape and Plum Act may be classified as small entities.

Section 35.11 of the ``Regulations issued under authority of the

Export Grape and Plum Act'' establishes minimum size and quality

requirements for export shipments of any variety of vinifera species

table grapes. Currently, such grapes being shipped to Japan, Europe, or

Greenland must meet a minimum grade of U.S. Fancy Table as specified in

the U.S. Standards for Grades of Table Grapes (7 CFR part 51,

Secs. 51.880-51.992), except that the minimum bunch size shall be one-

half pound. Table grapes shipped to countries other than Japan, Europe,

Greenland, Canada, or Mexico must meet the requirements of U.S. No. 1

Table, except that the minimum bunch size shall be one-fourth pound.

(Shipments to Canada and Mexico are currently not regulated under this

part.) The U.S. Fancy Table grade includes a requirement for unlisted

varieties (such as Black Corinth), that 90 percent of the berries, by

count, in each bunch shall be at least ten-sixteenths of an inch in

diameter. Similarly, the U.S. No. 1 Table grade includes a requirement

for unlisted varieties (such as Black Corinth), that 75 percent of the

berries, by count, shall be at least nine- sixteenths of an inch in

diameter.

The Board of Directors of the California Grape and Tree Fruit

League (Board), which represents a substantial portion of the fresh

table grape industry, unanimously recommended that the Black Corinth

variety of grapes be exempted from the minimum bunch and berry size

requirements established for export shipments.

The Board advises that this change is needed because the Black

Corinth variety (sometimes referred to as Zante Currants) are

characteristically of high quality but of very small bunch and berry

size. The small size prevents this variety from meeting the minimum

size requirements established for export shipments.

Traditionally this variety of grapes had been dried for use as

raisins. As oversupply conditions occurred in recent years for this

variety, handlers within the industry were successful in developing

fresh outlets. The variety received good consumer acceptance, primarily

because of its unique size and sweetness.

Exempting the Black Corinth variety of grapes from the minimum

bunch and berry size requirements for export shipments will enable

handlers to further expand their markets and

[[Page 54082]]

increase fresh utilization. This change will improve the marketing of

these varieties and increase returns to producers.

Based on available information, the Administrator of the AMS has

determined that this interim final rule will not have a significant

economic impact on a substantial number of small entities and that the

action set forth will benefit producers and handlers of the Black

Corinth variety of grapes. This action relaxes the requirements for

small and large exporters exporting shipments of Black Corinth grapes

by exempting that variety of grapes from the minimum bunch and berry

size requirements.

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 this rule until 30 days after publication in the Federal

Register because: (1) This action relaxes the requirements for export

shipments of Black Corinth grapes; (2) The Board unanimously

recommended this rule at a public meeting and all interested persons

had an opportunity to provide input; (3) shipments of the Black Corinth

variety of grapes have begun and this rule should apply to the entire

season's shipments; (4) handlers and producers of the Black Corinth

variety of grapes are aware of this rule and they need no additional

time to comply with the relaxed requirements; and (5) this rule

provides a 30-day comment period and any comments will be considered

prior to finalization of this rule.

List of Subjects in 7 CFR Part 35

Administrative practice and procedure, Exports, Grapes, Plums,

Reporting and recordkeeping requirements.

For the reasons set forth in the preamble, 7 CFR part 35 is amended

as follows:

PART 35--REGULATIONS ISSUED UNDER AUTHORITY OF THE EXPORT GRAPE AND

PLUM ACT

1. The authority citation for 7 CFR part 35 continues to read as

follows:

Authority: 7 U.S.C. 591-599.

2. In Sec. 35.11, paragraphs (a) and (b) are amended by adding a

sentence immediately following the existing text to read as follows:

Sec. 35.11 Minimum requirements.

* * * * *

(a) * * * The Black Corinth variety shall be exempt from bunch and

berry size requirements.

(b) * * * The Black Corinth variety shall be exempt from bunch and

berry size requirements.

* * * * *

Dated: October 10, 1996.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 96-26654 Filed 10-16-96; 8:45 am]

BILLING CODE 3410-02-P