Raisins Produced From Grapes Grown in California and Imported Raisins; Removal of Language, 63723-63725 [2016-22270]
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Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Proposed Rules
Lhorne on DSK30JT082PROD with PROPOSALS
Following analysis of any comments
received on the proposed amendment,
AMS will evaluate all available
information and determine whether to
proceed. If appropriate, a proposed rule
and referendum order would be issued,
and producers would be provided the
opportunity to vote for or against the
proposed amendment. Information
about the referendum, including dates
and voter eligibility requirements,
would be published in a future issue of
the Federal Register. A final rule would
then be issued to effectuate the
amendment if favored by producers
participating in the referendum.
AMS is committed to complying with
the E-Government Act to promote the
use of the internet and other
information technologies, to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
USDA has not identified any relevant
Federal rules that duplicate, overlap, or
conflict with this action. A small
business guide on complying with fruit,
vegetable, and specialty crop marketing
agreements and orders may be viewed
at: https://www.ams.usda.gov/
MarketingOrdersSmallBusinessGuide.
Any questions about the compliance
guide should be sent to Antoinette
Carter at the previously mentioned
address in the FOR FURTHER INFORMATION
CONTACT section.
General Findings
The findings hereinafter set forth are
supplementary to the findings and
determinations which were previously
made in connection with the issuance of
the marketing order; and all said
previous findings and determinations
are hereby ratified and affirmed, except
insofar as such findings and
determinations may be in conflict with
the findings and determinations set
forth herein.
1. The marketing order as hereby
proposed to be amended, and all of the
terms and conditions thereof, would
tend to effectuate the declared policy of
the Act;
2. The marketing order as hereby
proposed to be amended regulates the
handling of walnuts grown in California
and is applicable only to persons in the
respective classes of commercial and
industrial activity specified in the
marketing order;
3. The marketing order as hereby
proposed to be amended is limited in
application to the smallest regional
production area which is practicable,
consistent with carrying out the
declared policy of the Act, and the
issuance of several orders applicable to
subdivisions of the production area
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would not effectively carry out the
declared policy of the Act;
4. The marketing order as hereby
proposed to be amended prescribes,
insofar as practicable, such different
terms applicable to different parts of the
production area as are necessary to give
due recognition to the differences in the
production and marketing of walnuts
produced or packed in the production
area; and
5. All handling of walnuts produced
or packed in the production area as
defined in the marketing order is in the
current of interstate or foreign
commerce or directly burdens,
obstructs, or affects such commerce.
A 60-day comment period is provided
to allow interested persons to respond
to the proposal. Any comments received
on the amendment proposed in this rule
will be analyzed, and if AMS
determines to proceed based on all the
information presented, a producer
referendum would be conducted to
determine producer support for the
proposed amendment. If appropriate, a
final rule would then be issued to
effectuate the amendment favored by
producers participating in the
referendum.
List of Subjects in 7 CFR Part 984
Marketing agreements, Nuts,
Reporting and recordkeeping
requirements, Walnuts.
For the reasons set forth in the
preamble, 7 CFR part 984 is proposed to
be amended as follows:
PART 984—WALNUTS GROWN IN
CALIFORNIA
1. The authority citation for 7 CFR
part 984 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
2. Amend § 984.69 by redesignating
paragraph (d) as (e) and adding a new
paragraph (d) to read as follows:
■
§ 984.69
Assessments.
*
*
*
*
*
(d) To provide funds for the
administration of the provisions of this
part during the part of a fiscal period
when neither sufficient operating
reserve funds nor sufficient revenue
from assessments on the current
season’s certifications are available, the
Board may accept payment of
assessments in advance or may borrow
money from a commercial lending
institution for such purposes.
*
*
*
*
*
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63723
Dated: September 12, 2016.
Elanor Starmer,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2016–22247 Filed 9–15–16; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 989 and 999
[Doc. No. AMS–SC–16–0065; SC16–989–2
PR]
Raisins Produced From Grapes Grown
in California and Imported Raisins;
Removal of Language
Agricultural Marketing Service,
USDA.
ACTION: Proposed rule.
AGENCY:
This proposed rule invites
comments on a recommendation by the
Raisin Administrative Committee
(Committee) to the remove the term
‘‘midget’’ from the minimum grade
standards of the California raisin
marketing order (order). The marketing
order regulates the handling of raisins
produced from grapes grown in
California, and is administered locally
by the Committee. Recently, the U.S.
Standards for Grades of Processed
Raisins (standards) were amended to
remove the word ‘‘midget.’’ The
proposed change would make the
marketing order consistent with the
amended standards. Furthermore, this
rule would make a corresponding
change to the raisin import regulation as
required by the Agricultural Marketing
Agreement Act of 1937, as amended,
when changes are made to the size,
grade, maturity, or quality requirements
of the order.
DATES: Comments must be received by
October 17, 2016.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this proposal. Comments
must be sent to the Docket Clerk,
Marketing Order and Agreement
Division, Specialty Crops Program,
AMS, USDA, 1400 Independence
Avenue SW., STOP 0237, Washington,
DC 20250–0237; Fax: (202) 720–8938; or
Internet: https://www.regulations.gov. 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, or
can be viewed on the Internet at: https://
www.regulations.gov. All comments
submitted in response to this proposal
SUMMARY:
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16SEP1
Lhorne on DSK30JT082PROD with PROPOSALS
63724
Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Proposed Rules
will be included in the record and will
be made available to the public. Please
be advised that the identity of the
individuals or entities submitting the
comments will be made public on the
internet at the address provided above.
FOR FURTHER INFORMATION CONTACT:
Maria Stobbe, Marketing Specialist, or
Jeffery Smutny, Regional Director,
California Marketing Field Office,
Marketing Order and Agreement
Division, Specialty Crops Program,
AMS, USDA; Telephone: (559) 487–
5901, Fax: (559) 487–5906, or Email:
Maria.Stobbe@ams.usda.gov or
Jeffrey.Smutny@ams.usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Richard Lower,
Marketing Order and Agreement
Division, Specialty Crops Program,
AMS, USDA, 1400 Independence
Avenue SW., STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or Email:
Richard.Lower@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This
proposal is issued under Marketing
Agreement and Marketing Order No.
989, both as amended (7 CFR part 989),
regulating the handling of raisins
produced from grapes grown in
California, hereinafter referred to as the
‘‘order.’’ The order is effective under the
Agricultural Marketing Agreement Act
of 1937, as amended (7 U.S.C. 601–674),
hereinafter referred to as the ‘‘Act.’’
This proposed rule is also issued
under section 8e of the Act, which
provides that whenever certain
specified commodities, including
raisins, are regulated under a Federal
marketing order, imports of these
commodities into the United States are
prohibited unless they meet the same or
comparable grade, size, quality, or
maturity requirements as those in effect
for the domestically-produced
commodities.
The Department of Agriculture
(USDA) is issuing this proposed rule in
conformance with Executive Orders
12866, 13563, and 13175.
This proposed rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. This proposed rule is
not intended to have retroactive effect.
The Act provides that administrative
proceedings must be exhausted before
parties may file suit in court. Under
section 608c(15)(A) of the Act, any
handler subject to an order may file
with USDA a petition stating that the
order, any provision of the order, or any
obligation imposed in connection with
the order is not in accordance with law
and request a modification of the order
or to be exempted therefrom. A handler
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13:06 Sep 15, 2016
Jkt 238001
is afforded the opportunity for a hearing
on the petition. After the hearing, USDA
would rule on the petition. The Act
provides that the district court of the
United States in any district in which
the handler is an inhabitant, or has his
or her principal place of business, has
jurisdiction to review USDA’s ruling on
the petition, provided an action is filed
not later than 20 days after the date of
the entry of the ruling.
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.
This proposal invites comments on
the removal of the term ‘‘midget’’ from
§ 989.702(a) of the order and
§ 999.300(b)(1) of the import
regulations. This action would make the
order and the import regulations
consistent with the recent change to the
standards.
The Committee unanimously
recommended that the term ‘‘midget’’ be
removed from the order at a meeting on
June 26, 2014. At a subsequent meeting
on August 14, 2014, the committee also
unanimously recommended that the
word ‘‘midget’’ be removed from the
standards. As required under the Act,
the import regulations must be
consistent with the changes to the order.
In this instance, the order must be
consistent with changes to the
standards.
Paragraph (a) of § 989.702 of the order
specifies minimum grade standards for
packed Natural (sun-dried) Seedless
(NS) raisins, requiring that small
(midget)-sized raisins shall meet U.S.
Grade C tolerances with respect to
pieces of stem, and underdeveloped and
substandard raisins. The word ‘‘midget’’
is redundant to the term ‘‘small,’’ and its
removal is insignificant.
Pursuant to the recommendation of
the Committee and consistent with the
recent amendment of the standards, the
word ‘‘midget’’ is proposed to be
removed from the order language.
The Committee’s recommendation to
delete the word ‘‘midget’’ from the order
and the standards necessitates a
corresponding change to the import
requirements.
Under the raisin import regulations,
in paragraph (b)(1) of § 999.300, raisins
imported into the United States are
required to meet the same or
comparable grade, size, quality, or
maturity requirements as those in effect
for the domestically-produced
commodities, when such commodities
are regulated under an order. With the
removal of the word ‘‘midget’’ from both
the standards and the order, removal of
PO 00000
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Fmt 4702
Sfmt 4702
‘‘midget’’ is required under the import
regulations.
Removal of the word ‘‘midget’’ should
not impact the application of the order
or the import regulations, since the
word ‘‘midget’’ is redundant and
appears in parentheses after the word
‘‘small.’’ Thus, removing the word
‘‘midget’’ has no effect on interpretation
of the order or the import regulations;
and, therefore, has no effect on raisin
importers.
The final rule removing the word
‘‘midget’’ from the standards was
published in the Federal Register on
June 23, 2016 (81 FR 40779). Thus, this
proposal would make the order and the
import regulations consistent with the
standards, as recently revised.
Initial Regulatory Flexibility Analysis
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.
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 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.
There are approximately 3,000
California raisin producers and 24
handlers subject to regulation under the
marketing order. The Small Business
Administration defines small
agricultural producers as those having
annual receipts less than $750,000, and
defines small agricultural service firms,
such as handlers and importers, as those
whose annual receipts are less than
$7,500,000. (13 CFR 121.201.)
Based on shipment data and other
information provided by the Committee,
most producers and approximately 13
handlers of California raisins may be
classified as small entities. This action
should not have any impact on
handlers’ or growers’ benefits or costs.
There are approximately 52 raisins
importers. This action should not have
any impact on importers’ costs.
This proposal would remove the word
‘‘midget’’ from the order regulations in
§ 989.702(a) and from the import
regulations in § 999.300(b)(1), bringing
the order and the import regulations
into conformance with the recent
amendment to the standards.
AMS is committed to complying with
the E-Government Act, to promote the
E:\FR\FM\16SEP1.SGM
16SEP1
Lhorne on DSK30JT082PROD with PROPOSALS
Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Proposed Rules
use of the Internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the order’s information
collection requirements have been
previously approved by the Office of
Management and Budget (OMB) and
assigned OMB No. 0581–0178,
‘‘Vegetable and Specialty Crops.’’ No
changes in those requirements as a
result of this action are necessary.
Should any changes become necessary,
they would be submitted to OMB for
approval.
This proposed rule would not impose
any additional reporting or
recordkeeping requirements on either
large or small raisin handlers or on
raisin importers. As with all Federal
marketing order programs, reports and
forms are periodically reviewed to
reduce information requirements and
duplication by industry and public
sector agencies. In addition, USDA has
not identified any relevant Federal rules
that duplicate, overlap or conflict with
this proposal.
Further, the Committee’s meetings
were widely publicized throughout the
California raisin industry and all
interested persons were invited to
attend the meetings and encouraged to
participate in Committee deliberations
on all issues. Like all Committee
meetings, the June 26, 2014, and August
14, 2014, meetings were public meetings
and all entities, both large and small,
were encouraged to express their views
on this issue. Finally, interested persons
are invited to submit comments on this
proposed rule, including the regulatory
and informational impacts of this action
on small businesses.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: www.ams.usda.gov/
MarketingOrdersSmallBusinessGuide.
Any questions about the compliance
guide should be sent to Richard Lower
at the previously-mentioned address in
the FOR FURTHER INFORMATION CONTACT
section.
A 30-day comment period is provided
to allow interested persons to respond
to this proposal. Thirty days is deemed
appropriate because: (1) This proposed
rule should be implemented as soon as
possible since the standards have
already been amended; (2) the
Committee discussed this change at two
public meetings, and unanimously
recommended it; and (3) the proposed
change is insignificant and should not
impact handlers or importers. All
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13:06 Sep 15, 2016
Jkt 238001
written comments received during the
comment period will be considered
before a final determination is made on
this matter.
List of Subjects
7 CFR Part 989
Grape, Marketing agreements, Raisins,
Reporting and recordkeeping
requirements.
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 parts 989 and 999 are
proposed to be amended as follows:
PART 989—RAISINS PRODUCED
FROM GRAPES GROWN IN
CALIFORNIA
1. The authority citation for 7 CFR
part 989 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
§ 989.702 Minimum grade standards for
packed raisins.
2. Paragraph (a) of § 989.702 is
amended by removing the word
‘‘midget.’’
■
PART 999—SPECIALTY CROPS;
IMPORT REGULATIONS
3. The authority citation for 7 CFR
part 999 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
4. Paragraph (b)(1) of § 999.300 is
amended by removing the word
‘‘midget.’’
■
Dated: September 12, 2016.
Elanor Starmer,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2016–22270 Filed 9–15–16; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2016–9139; Directorate
Identifier 2016–CE–023–AD]
RIN 2120–AA64
Airworthiness Directives; Mitsubishi
Heavy Industries, Ltd. Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
AGENCY:
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
63725
Notice of proposed rulemaking
(NPRM).
ACTION:
We propose to adopt a new
airworthiness directive (AD) for certain
Mitsubishi Heavy Industries, Ltd.
Models MU–2B–10, MU–2B–15, MU–
2B–20, MU–2B–25, MU–2B–26, MU–
2B–26A, MU–2B–30, MU–2B–35, MU–
2B–36, MU–2B–36A, MU–2B–40, and
MU–2B–60 airplanes. This proposed AD
results from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as reports of cracks found in
the wing spacer plates. We are issuing
this proposed AD to require actions to
detect and correct cracks in the wing
spacer plates, which could result in
reduced structural integrity of the wings
and loss of control.
DATES: We must receive comments on
this proposed AD by October 31, 2016.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in
this proposed AD, contact Mitsubishi
Heavy Industries America, Inc., c/o
Turbine Aircraft Services, Inc., 4550
Jimmy Doolittle Drive, Addison, Texas
75001; telephone: (972) 248–3108, ext.
209; fax: (972) 248–3321; Internet:
https://mu-2aircraft.com. You may
review this referenced service
information at the FAA, Small Airplane
Directorate, 901 Locust, Kansas City,
Missouri 64106. For information on the
availability of this material at the FAA,
call (816) 329–4148.
SUMMARY:
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2016–
9139; or in person at the Docket
Management Facility between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this proposed AD, the
E:\FR\FM\16SEP1.SGM
16SEP1
]]>Agencies
[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)]
[Proposed Rules]
[Pages 63723-63725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22270]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 989 and 999
[Doc. No. AMS-SC-16-0065; SC16-989-2 PR]
Raisins Produced From Grapes Grown in California and Imported
Raisins; Removal of Language
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule invites comments on a recommendation by the
Raisin Administrative Committee (Committee) to the remove the term
``midget'' from the minimum grade standards of the California raisin
marketing order (order). The marketing order regulates the handling of
raisins produced from grapes grown in California, and is administered
locally by the Committee. Recently, the U.S. Standards for Grades of
Processed Raisins (standards) were amended to remove the word
``midget.'' The proposed change would make the marketing order
consistent with the amended standards. Furthermore, this rule would
make a corresponding change to the raisin import regulation as required
by the Agricultural Marketing Agreement Act of 1937, as amended, when
changes are made to the size, grade, maturity, or quality requirements
of the order.
DATES: Comments must be received by October 17, 2016.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposal. Comments must be sent to the Docket Clerk,
Marketing Order and Agreement Division, Specialty Crops Program, AMS,
USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-
0237; Fax: (202) 720-8938; or Internet: https://www.regulations.gov. 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, or can be viewed on the Internet at: https://www.regulations.gov. All comments submitted in response to this
proposal
[[Page 63724]]
will be included in the record and will be made available to the
public. Please be advised that the identity of the individuals or
entities submitting the comments will be made public on the internet at
the address provided above.
FOR FURTHER INFORMATION CONTACT: Maria Stobbe, Marketing Specialist, or
Jeffery Smutny, Regional Director, California Marketing Field Office,
Marketing Order and Agreement Division, Specialty Crops Program, AMS,
USDA; Telephone: (559) 487-5901, Fax: (559) 487-5906, or Email:
Maria.Stobbe@ams.usda.gov or Jeffrey.Smutny@ams.usda.gov.
Small businesses may request information on complying with this
regulation by contacting Richard Lower, Marketing Order and Agreement
Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue
SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491,
Fax: (202) 720-8938, or Email: Richard.Lower@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This proposal is issued under Marketing
Agreement and Marketing Order No. 989, both as amended (7 CFR part
989), regulating the handling of raisins produced from grapes grown in
California, hereinafter referred to as the ``order.'' The order is
effective under the Agricultural Marketing Agreement Act of 1937, as
amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.''
This proposed rule is also issued under section 8e of the Act,
which provides that whenever certain specified commodities, including
raisins, are regulated under a Federal marketing order, imports of
these commodities into the United States are prohibited unless they
meet the same or comparable grade, size, quality, or maturity
requirements as those in effect for the domestically-produced
commodities.
The Department of Agriculture (USDA) is issuing this proposed rule
in conformance with Executive Orders 12866, 13563, and 13175.
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This proposed rule is not intended to have
retroactive effect.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 608c(15)(A) of the
Act, any handler subject to an order may file with USDA a petition
stating that the order, any provision of the order, or any obligation
imposed in connection with the order is not in accordance with law and
request a modification of the order or to be exempted therefrom. A
handler is afforded the opportunity for a hearing on the petition.
After the hearing, USDA would rule on the petition. The Act provides
that the district court of the United States in any district in which
the handler is an inhabitant, or has his or her principal place of
business, has jurisdiction to review USDA's ruling on the petition,
provided an action is filed not later than 20 days after the date of
the entry of the ruling.
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.
This proposal invites comments on the removal of the term
``midget'' from Sec. 989.702(a) of the order and Sec. 999.300(b)(1)
of the import regulations. This action would make the order and the
import regulations consistent with the recent change to the standards.
The Committee unanimously recommended that the term ``midget'' be
removed from the order at a meeting on June 26, 2014. At a subsequent
meeting on August 14, 2014, the committee also unanimously recommended
that the word ``midget'' be removed from the standards. As required
under the Act, the import regulations must be consistent with the
changes to the order. In this instance, the order must be consistent
with changes to the standards.
Paragraph (a) of Sec. 989.702 of the order specifies minimum grade
standards for packed Natural (sun-dried) Seedless (NS) raisins,
requiring that small (midget)-sized raisins shall meet U.S. Grade C
tolerances with respect to pieces of stem, and underdeveloped and
substandard raisins. The word ``midget'' is redundant to the term
``small,'' and its removal is insignificant.
Pursuant to the recommendation of the Committee and consistent with
the recent amendment of the standards, the word ``midget'' is proposed
to be removed from the order language.
The Committee's recommendation to delete the word ``midget'' from
the order and the standards necessitates a corresponding change to the
import requirements.
Under the raisin import regulations, in paragraph (b)(1) of Sec.
999.300, raisins imported into the United States are required to meet
the same or comparable grade, size, quality, or maturity requirements
as those in effect for the domestically-produced commodities, when such
commodities are regulated under an order. With the removal of the word
``midget'' from both the standards and the order, removal of ``midget''
is required under the import regulations.
Removal of the word ``midget'' should not impact the application of
the order or the import regulations, since the word ``midget'' is
redundant and appears in parentheses after the word ``small.'' Thus,
removing the word ``midget'' has no effect on interpretation of the
order or the import regulations; and, therefore, has no effect on
raisin importers.
The final rule removing the word ``midget'' from the standards was
published in the Federal Register on June 23, 2016 (81 FR 40779). Thus,
this proposal would make the order and the import regulations
consistent with the standards, as recently revised.
Initial Regulatory Flexibility Analysis
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. 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 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.
There are approximately 3,000 California raisin producers and 24
handlers subject to regulation under the marketing order. The Small
Business Administration defines small agricultural producers as those
having annual receipts less than $750,000, and defines small
agricultural service firms, such as handlers and importers, as those
whose annual receipts are less than $7,500,000. (13 CFR 121.201.)
Based on shipment data and other information provided by the
Committee, most producers and approximately 13 handlers of California
raisins may be classified as small entities. This action should not
have any impact on handlers' or growers' benefits or costs.
There are approximately 52 raisins importers. This action should
not have any impact on importers' costs.
This proposal would remove the word ``midget'' from the order
regulations in Sec. 989.702(a) and from the import regulations in
Sec. 999.300(b)(1), bringing the order and the import regulations into
conformance with the recent amendment to the standards.
AMS is committed to complying with the E-Government Act, to promote
the
[[Page 63725]]
use of the Internet and other information technologies to provide
increased opportunities for citizen access to Government information
and services, and for other purposes.
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), the order's information collection requirements have been
previously approved by the Office of Management and Budget (OMB) and
assigned OMB No. 0581-0178, ``Vegetable and Specialty Crops.'' No
changes in those requirements as a result of this action are necessary.
Should any changes become necessary, they would be submitted to OMB for
approval.
This proposed rule would not impose any additional reporting or
recordkeeping requirements on either large or small raisin handlers or
on raisin importers. As with all Federal marketing order programs,
reports and forms are periodically reviewed to reduce information
requirements and duplication by industry and public sector agencies. In
addition, USDA has not identified any relevant Federal rules that
duplicate, overlap or conflict with this proposal.
Further, the Committee's meetings were widely publicized throughout
the California raisin industry and all interested persons were invited
to attend the meetings and encouraged to participate in Committee
deliberations on all issues. Like all Committee meetings, the June 26,
2014, and August 14, 2014, meetings were public meetings and all
entities, both large and small, were encouraged to express their views
on this issue. Finally, interested persons are invited to submit
comments on this proposed rule, including the regulatory and
informational impacts of this action on small businesses.
A small business guide on complying with fruit, vegetable, and
specialty crop marketing agreements and orders may be viewed at:
www.ams.usda.gov/MarketingOrdersSmallBusinessGuide. Any questions about
the compliance guide should be sent to Richard Lower at the previously-
mentioned address in the FOR FURTHER INFORMATION CONTACT section.
A 30-day comment period is provided to allow interested persons to
respond to this proposal. Thirty days is deemed appropriate because:
(1) This proposed rule should be implemented as soon as possible since
the standards have already been amended; (2) the Committee discussed
this change at two public meetings, and unanimously recommended it; and
(3) the proposed change is insignificant and should not impact handlers
or importers. All written comments received during the comment period
will be considered before a final determination is made on this matter.
List of Subjects
7 CFR Part 989
Grape, Marketing agreements, Raisins, Reporting and recordkeeping
requirements.
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 parts 989 and 999
are proposed to be amended as follows:
PART 989--RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA
0
1. The authority citation for 7 CFR part 989 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
Sec. 989.702 Minimum grade standards for packed raisins.
0
2. Paragraph (a) of Sec. 989.702 is amended by removing the word
``midget.''
PART 999--SPECIALTY CROPS; IMPORT REGULATIONS
0
3. The authority citation for 7 CFR part 999 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
0
4. Paragraph (b)(1) of Sec. 999.300 is amended by removing the word
``midget.''
Dated: September 12, 2016.
Elanor Starmer,
Administrator, Agricultural Marketing Service.
[FR Doc. 2016-22270 Filed 9-15-16; 8:45 am]
BILLING CODE P
