Grapes Grown in a Designated Area of Southeastern California and Imported Table Grapes; Relaxation of Handling Requirements, 34343-34345 [2010-14572]
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Federal Register / Vol. 75, No. 116 / Thursday, June 17, 2010 / Rules and Regulations
§ 755.10 Death, incompetence, or
disappearance.
(a) In the case of the death,
incompetency, or disappearance of a
person or the dissolution of an entity
that is eligible to receive a payment in
accordance with this part, such alternate
person or persons specified in part 707
of this chapter may receive such
payment, as determined appropriate by
FSA.
(b) Payments may be made to an
otherwise eligible producer who is now
deceased or to a dissolved entity if a
representative who currently has
authority to enter into an application for
the producer or the producer’s estate
signs the application for payment. Proof
of authority over the deceased
producer’s estate or a dissolved entity
must be provided.
(c) If a producer is now a dissolved
general partnership or joint venture, all
members of the general partnership or
joint venture at the time of dissolution
or their duly authorized representatives
must be identified in the application for
payment.
§ 755.11
Maintaining records.
Persons applying for payment under
this part must maintain records and
accounts to document all eligibility
requirements specified in this part.
Such records and accounts must be
retained for 3 years after the date of
payment to the producer under this
part.
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
§ 755.12
liability.
Refunds; joint and several
(a) Any producer that receives excess
payment, payment as the result of
erroneous information provided by any
person, or payment resulting from a
failure to comply with any requirement
or condition for payment under this
part, must refund the amount of that
payment to FSA.
(b) Any refund required will be due
from the date of the disbursement by the
agency with interest determined in
accordance with paragraph (d) of this
section and late payment charges as
provided in part 1403 of this title.
(c) Each producer that has an interest
in the agricultural operation will be
jointly and severally liable for any
refund and related charges found to be
due to FSA.
(d) Interest will be applicable to any
refunds to FSA required in accordance
with parts 792 and 1403 of this title
except as otherwise specified in this
part. Such interest will be charged at the
rate that the U.S. Department of the
Treasury charges FSA for funds, and
will accrue from the date FSA made the
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14:49 Jun 16, 2010
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payment to the date the refund is
repaid.
(e) FSA may waive the accrual of
interest if it determines that the cause of
the erroneous payment was not due to
any action of the person or entity, or
was beyond the control of the person or
entity committing the violation. Any
waiver is at the discretion of FSA alone.
§ 755.13 Miscellaneous provisions and
appeals.
(a) Offset. FSA may offset or withhold
any amount due to FSA from any
benefit provided under this part in
accordance with the provisions of part
1403 of this title.
(b) Claims. Claims or debts will be
settled in accordance with the
provisions of part 1403 of this title.
(c) Other interests. Payments or any
portion thereof due under this part will
be made without regard to questions of
title under State law and without regard
to any claim or lien against the eligible
reimbursable costs thereof, in favor of
the owner or any other creditor except
agencies and instrumentalities of the
U.S. Government.
(d) Assignments. Any producer
entitled to any payment under this part
may assign any payments in accordance
with the provisions of part 1404 of this
title.
(e) Violations regarding controlled
substances. The provisions of § 718.6 of
this chapter, which generally limit
program payment eligibility for persons
who have engaged in certain offenses
with respect to controlled substances,
will apply to this part.
(f) Appeals. The appeal regulations
specified in parts 11 and 780 of this
chapter apply to determinations made
under this part.
Signed in Washington, DC on June 9, 2010.
Jonathan W. Koppess,
Administrator, Farm Service Agency.
[FR Doc. 2010–14427 Filed 6–16–10; 8:45 am]
BILLING CODE P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 925 and 944
[Doc. No. AMS–FV–09–0085; FV10–925–1
FIR]
Grapes Grown in a Designated Area of
Southeastern California and Imported
Table Grapes; Relaxation of Handling
Requirements
AGENCY: Agricultural Marketing Service,
USDA.
ACTION: Affirmation of interim rule as
final rule.
PO 00000
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34343
SUMMARY: The Department of
Agriculture (USDA) is adopting, as a
final rule, without change, an interim
rule that relaxed the handling
requirements prescribed under the
California table grape marketing order
(order) and the table grape import
regulation. The interim rule relaxed the
one-quarter pound minimum bunch size
requirement for the 2010 and
subsequent seasons for grapes packed in
consumer packages holding 2 pounds
net weight or less. Under the relaxation,
up to 20 percent of the weight of such
containers may consist of single clusters
of at least five berries each. This action
continues the relaxation that was
prescribed on a one-year test basis in
2009 and provides California desert
grape handlers and importers the
flexibility to respond to an ongoing
marketing opportunity to meet
consumer needs.
DATES: Effective June 18, 2010.
FOR FURTHER INFORMATION CONTACT: Jerry
L. Simmons, Marketing Specialist, or
Kurt J. Kimmel, Regional Manager,
California Marketing Field Office,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA; Telephone: (559) 487–
5901, Fax: (559) 487–5906, or E-mail:
Jerry.Simmons@ams.usda.gov or
Kurt.Kimmel@ams.usda.gov.
Small businesses may obtain
information on complying with this and
other marketing order regulations by
viewing a guide at the following Web
site: https://www.ams.usda.gov/
AMSv1.0/ams.fetchTemplate
Data.do?template=TemplateN&
page=MarketingOrders
SmallBusinessGuide; or by contacting
Antoinette Carter, Marketing Order
Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, 1400
Independence Avenue, SW., STOP
0237, Washington, DC 20250–0237;
Telephone: (202) 720–2491, Fax: (202)
720–8938, or E-mail:
Antoinette.Carter@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This rule
is issued under Marketing Order No.
925, as amended (7 CFR part 925),
regulating the handling of grapes grown
in a designated area of southeastern
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 rule is also issued under section
8e of the Act, which provides that
whenever certain specified
commodities, including table grapes, are
regulated under a Federal marketing
order, imports of these commodities
into the United States are prohibited
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34344
Federal Register / Vol. 75, No. 116 / Thursday, June 17, 2010 / Rules and Regulations
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 rule in
conformance with Executive Order
12866.
The shipping of table grapes produced
in a designated area of southeastern
California is regulated by 7 CFR part
925. The regulations specify that
bunches of grapes must weigh a
minimum of one-quarter pound to meet
requirements of U.S. No. 1 Table grade
grapes. In response to a marketing
opportunity, the industry experimented
with a new container during the 2009
season. The experimental container’s
small capacity makes it difficult to
completely fill with grape bunches of
one-quarter pound or larger. Therefore,
for the 2009 season, the minimum
bunch size requirement was relaxed for
U.S. No. 1 table grade grapes packed in
these containers. The 2009 experimental
period was successful and the
Committee recommended continuing
these handling requirements for the
2010 and subsequent seasons.
Imported table grapes are subject to
regulations specified in 7 CFR part 944.
Under those regulations, imported
grapes must meet the same minimum
size requirement as specified for
domestic grapes under the order.
Therefore, the minimum bunch size
requirement was also relaxed for
imported grapes packed in small
consumer packages containing 2 pounds
net weight or less.
In an interim rule published in the
Federal Register on April 5, 2010, and
effective on April 8, 2010, (75 FR 17031,
Doc. No. AMS–FV–09–0085, FV10–925–
1 IFR), §§ 925.304 and 944.503 were
amended by relaxing the one-quarter
pound minimum bunch size
requirement for the 2010 and
subsequent seasons for U.S. No. 1 Table
grade grapes packed in small consumer
packages containing 2 pounds net
weight or less. Under the relaxation, up
to 20 percent of the weight of each
clamshell container (individual
consumer packages) may consist of
single clusters weighing less than onequarter pound, but with at least five
berries each.
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in
the Regulatory Flexibility Act (RFA) (5
U.S.C. 601–612), the Agricultural
Marketing Service (AMS) has
considered the economic impact of this
action on small entities. Accordingly,
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AMS has prepared this final regulatory
flexibility analysis.
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.
There are about 15 handlers of
southeastern California grapes who are
subject to regulation under the order
and about 50 grape producers in the
production area. In addition, there are
about 100 importers of grapes. Small
agricultural service firms are defined by
the Small Business Administration
(SBA) (13 CFR 121.201) as those having
annual receipts of less than $7,000,000
and small agricultural producers are
defined as those whose annual receipts
are less than $750,000. Four of the 15
handlers subject to regulation have
annual grape sales of more than
$7,000,000. Based on data from the
National Agricultural Statistics Service
and the committee, the crop value for
2009 was about $55,000,000. Dividing
this figure by the number of producers
(50) yields an average annual producer
revenue estimate of $1,100,000, this is
above the SBA threshold of $750,000.
Based on the foregoing, it may be
concluded that a majority of grape
handlers and none of the producers may
be classified as small entities. It is
estimated that the average importer
receives $3,200,000 in revenue from the
sale of grapes. Therefore, it may be
concluded that the majority of importers
may be classified as small entities.
This rule continues in effect the
action that revised § 925.304(a) of the
rules and regulations of the California
desert grape order and § 944.503(a)(1) of
the table grape import regulation. This
rule continues in effect the action that
relaxed the one-quarter pound
minimum bunch size requirement for
the 2010 and subsequent seasons for
U.S. No. 1 Table grade grapes packed in
small consumer packages containing 2
pounds net weight or less. Under the
relaxation, up to 20 percent of the
weight of each consumer package
weighing two pounds or less may
consist of single clusters weighing less
than one-quarter pound, but with at
least five berries each. Authority for the
change to the California desert grape
order is provided in §§ 925.52(a)(1) and
925.53. Authority for the change to the
table grape import regulation is
provided in section 8e of the Act.
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There is general agreement in the
industry for the need to continue to
relax the minimum bunch size
requirement for grapes packed in these
consumer packages to allow for more
packaging options. No additional
alternatives were considered because
the 2009 one-year test relaxation
produced the desired results with no
identified problems. The committee
unanimously agreed that the relaxation
for grapes packed in consumer packages
containing 2 pounds net weight or less
was appropriate to prescribe for the
2010 and subsequent seasons.
Regarding the impact of this rule on
affected entities, this rule provides both
California desert grape handlers and
importers the flexibility to continue to
respond to an ongoing marketing
opportunity to meet consumer needs.
This marketing opportunity initially
existed in the 2009 season, and the
minimum bunch size regulations were
relaxed accordingly for one year on a
test basis. As in 2009, handlers and
importers will be able to provide buyers
in the retail sector more packaging
choices. The relaxation may result in
increased shipments of consumer-sized
grape packages, which would have a
positive impact on producers, handlers,
and importers.
This rule will not impose any
additional reporting or recordkeeping
requirements on either small or large
grape handlers or 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 rule.
Further, the committee’s meeting was
widely publicized throughout the grape
industry and all interested persons were
invited to attend the meeting and
participate in committee deliberations.
Like all committee meetings, the
November 12, 2009, meeting was a
public meeting and all entities, both
large and small, were able to express
their views on this issue. Also, the
World Trade Organization, the Chilean
Technical Barriers to Trade inquiry
point for notifications under the U.S–
Chile Free Trade Agreement, the
embassies of Argentina, Brazil, Canada,
Chile, Italy, Mexico, Peru, and South
Africa, and known grape importers were
also notified of this action.
Comments on the interim rule were
required to be received on or before May
5, 2010. One comment was received.
That comment was in support of the
relaxation of the handling requirements
providing a larger tolerance margin for
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Federal Register / Vol. 75, No. 116 / Thursday, June 17, 2010 / Rules and Regulations
smaller bunches in consumer packages
holding 2 pounds net weight or less.
Therefore, for the reasons given in the
interim rule, we are adopting the
interim rule as a final rule, without
change.
To view the interim rule, go to:
https://www.regulations.gov/search/
Regs/home.html#documentDetail?
R=0900006480acfcb7.
This action also affirms information
contained in the interim rule concerning
Executive Orders 12866 and 12988, the
Paperwork Reduction Act (44 U.S.C.
Chapter 35), and the E-Gov Act (44
U.S.C. 101).
In accordance with section 8e of the
Act, the United States Trade
Representative has concurred with the
issuance of this final rule.
After consideration of all relevant
material presented, it is found that
finalizing the interim rule, without
change, as published in the Federal
Register (75 FR 17031, April 5, 2010)
will tend to effectuate the declared
policy of the Act.
List of Subjects
7 CFR Part 925
Grapes, Marketing agreements and
orders, Reporting and recordkeeping
requirements.
7 CFR Part 944
Avocados, Food grades and standards,
Grapefruit, Grapes, Imports, Kiwifruit,
Limes, Olives, Oranges.
PARTS 925 and 944—[AMENDED]
Accordingly, the interim rule that
amended 7 CFR parts 925 and 944 and
that was published at 75 FR 17031 on
April 5, 2010, is adopted as a final rule,
without change.
■
Dated: June 11, 2010.
David R. Shipman,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 2010–14572 Filed 6–16–10; 8:45 am]
BILLING CODE P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
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7 CFR Part 956
[Doc. No. AMS–FV–10–0020; FV10–956–1
FR]
Sweet Onions Grown in the Walla
Walla Valley of Southeast Washington
and Northeast Oregon; Changes to
Reporting and Assessment Due Dates
AGENCY:
Agricultural Marketing Service,
USDA.
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14:49 Jun 16, 2010
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ACTION:
Final rule.
SUMMARY: This rule changes the
reporting and assessment date
requirements prescribed under the
marketing order regulating the handling
of sweet onions grown in the Walla
Walla Valley of southeast Washington
and northeast Oregon. The marketing
order is administered locally by the
Walla Walla Sweet Onion Marketing
Committee (hereinafter referred to as the
‘‘Committee’’). This rule revises the
submission due date for certain handler
reports and assessment payments from
September 1 to September 30. This
change allows handlers additional time
to compile requisite information and
submit it to the Committee. It is
expected that this action will improve
handler compliance with the
administrative requirements of the
marketing order.
DATES: Effective Date: July 19, 2010.
FOR FURTHER INFORMATION CONTACT:
Barry Broadbent, Marketing Specialist,
or Gary Olson, Regional Manager,
Northwest Marketing Field Office,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA; Telephone: (503) 326–
2724, Fax: (503) 326–7440, or E-mail:
Barry.Broadbent@ams.usda.gov or
GaryD.Olson@ams.usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Antoinette
Carter, Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence
Avenue, SW., STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or E-mail:
Antoinette.Carter@ams.usda.gov.
This final
rule is issued under Marketing
Agreement and Order No. 956, both as
amended (7 CFR part 956), regulating
the handling of sweet onions in the
Walla Walla Valley of southeast
Washington and northeast Oregon,
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.’’
The Department of Agriculture
(USDA) is issuing this rule in
conformance with Executive Order
12866.
This final rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. This 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
SUPPLEMENTARY INFORMATION:
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34345
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.
This final rule revises the due date
prescribed in the order’s administrative
rules for certain reports and assessment
payments. Specifically, the submission
due date for handler shipment
statements and assessment payments for
Walla Walla sweet onions shipped prior
to September 1 (hereinafter referred to
as ‘‘regular season’’) is changed from
September 1 to September 30. The due
date change will allow handlers the
needed time to compile information, file
reports, and pay assessments. It is
expected that this action will improve
handler compliance with the order’s
reporting and assessment requirements.
The rule was unanimously
recommended by the Committee at its
February 2, 2010, meeting.
Section 956.80 of the order provides
that, upon request of the Committee,
with the approval of the Secretary, each
handler shall furnish to the Committee,
in such manner and at such time as it
may prescribe, such reports and other
information as may be necessary for the
Committee to perform its duties. In
addition, § 956.42(a) provides that each
person who first handles Walla Walla
sweet onions shall pay assessments to
the Committee upon demand.
Section 956.180(b) of the order’s
administrative rules prescribes that each
handler shall furnish to the Committee
a Handler’s Statement of Walla Walla
Sweet Onion Shipments. Prior to this
final rule, for Walla Walla sweet onions
handled prior to September 1, such
report was required to be furnished to
the Committee by September 1. In
addition, § 956.142 of the order
provided that, for Walla Walla Sweet
Onions handled prior to September 1,
annual assessment payments were also
due September 1.
At its meeting on February 2, 2010,
the Committee recommended that the
order’s reporting and assessment due
date for regular season shipments be
changed from September 1 to September
30 to allow handlers additional time to
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]]>Agencies
[Federal Register Volume 75, Number 116 (Thursday, June 17, 2010)]
[Rules and Regulations]
[Pages 34343-34345]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14572]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 925 and 944
[Doc. No. AMS-FV-09-0085; FV10-925-1 FIR]
Grapes Grown in a Designated Area of Southeastern California and
Imported Table Grapes; Relaxation of Handling Requirements
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Affirmation of interim rule as final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Agriculture (USDA) is adopting, as a final
rule, without change, an interim rule that relaxed the handling
requirements prescribed under the California table grape marketing
order (order) and the table grape import regulation. The interim rule
relaxed the one-quarter pound minimum bunch size requirement for the
2010 and subsequent seasons for grapes packed in consumer packages
holding 2 pounds net weight or less. Under the relaxation, up to 20
percent of the weight of such containers may consist of single clusters
of at least five berries each. This action continues the relaxation
that was prescribed on a one-year test basis in 2009 and provides
California desert grape handlers and importers the flexibility to
respond to an ongoing marketing opportunity to meet consumer needs.
DATES: Effective June 18, 2010.
FOR FURTHER INFORMATION CONTACT: Jerry L. Simmons, Marketing
Specialist, or Kurt J. Kimmel, Regional Manager, California Marketing
Field Office, Marketing Order Administration Branch, Fruit and
Vegetable Programs, AMS, USDA; Telephone: (559) 487-5901, Fax: (559)
487-5906, or E-mail: Jerry.Simmons@ams.usda.gov or
Kurt.Kimmel@ams.usda.gov.
Small businesses may obtain information on complying with this and
other marketing order regulations by viewing a guide at the following
Web site: https://www.ams.usda.gov/AMSv1.0/ams.fetchTemplateData.do?template=TemplateN&page=MarketingOrdersSmallBusinessGuide; or by contacting Antoinette Carter, Marketing Order
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400
Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237;
Telephone: (202) 720-2491, Fax: (202) 720-8938, or E-mail:
Antoinette.Carter@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Order
No. 925, as amended (7 CFR part 925), regulating the handling of grapes
grown in a designated area of southeastern 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 rule is also issued under section 8e of the Act, which
provides that whenever certain specified commodities, including table
grapes, are regulated under a Federal marketing order, imports of these
commodities into the United States are prohibited
[[Page 34344]]
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 rule in
conformance with Executive Order 12866.
The shipping of table grapes produced in a designated area of
southeastern California is regulated by 7 CFR part 925. The regulations
specify that bunches of grapes must weigh a minimum of one-quarter
pound to meet requirements of U.S. No. 1 Table grade grapes. In
response to a marketing opportunity, the industry experimented with a
new container during the 2009 season. The experimental container's
small capacity makes it difficult to completely fill with grape bunches
of one-quarter pound or larger. Therefore, for the 2009 season, the
minimum bunch size requirement was relaxed for U.S. No. 1 table grade
grapes packed in these containers. The 2009 experimental period was
successful and the Committee recommended continuing these handling
requirements for the 2010 and subsequent seasons.
Imported table grapes are subject to regulations specified in 7 CFR
part 944. Under those regulations, imported grapes must meet the same
minimum size requirement as specified for domestic grapes under the
order. Therefore, the minimum bunch size requirement was also relaxed
for imported grapes packed in small consumer packages containing 2
pounds net weight or less.
In an interim rule published in the Federal Register on April 5,
2010, and effective on April 8, 2010, (75 FR 17031, Doc. No. AMS-FV-09-
0085, FV10-925-1 IFR), Sec. Sec. 925.304 and 944.503 were amended by
relaxing the one-quarter pound minimum bunch size requirement for the
2010 and subsequent seasons for U.S. No. 1 Table grade grapes packed in
small consumer packages containing 2 pounds net weight or less. Under
the relaxation, up to 20 percent of the weight of each clamshell
container (individual consumer packages) may consist of single clusters
weighing less than one-quarter pound, but with at least five berries
each.
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS)
has considered the economic impact of this action on small entities.
Accordingly, AMS has prepared this final regulatory flexibility
analysis.
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.
There are about 15 handlers of southeastern California grapes who
are subject to regulation under the order and about 50 grape producers
in the production area. In addition, there are about 100 importers of
grapes. Small agricultural service firms are defined by the Small
Business Administration (SBA) (13 CFR 121.201) as those having annual
receipts of less than $7,000,000 and small agricultural producers are
defined as those whose annual receipts are less than $750,000. Four of
the 15 handlers subject to regulation have annual grape sales of more
than $7,000,000. Based on data from the National Agricultural
Statistics Service and the committee, the crop value for 2009 was about
$55,000,000. Dividing this figure by the number of producers (50)
yields an average annual producer revenue estimate of $1,100,000, this
is above the SBA threshold of $750,000. Based on the foregoing, it may
be concluded that a majority of grape handlers and none of the
producers may be classified as small entities. It is estimated that the
average importer receives $3,200,000 in revenue from the sale of
grapes. Therefore, it may be concluded that the majority of importers
may be classified as small entities.
This rule continues in effect the action that revised Sec.
925.304(a) of the rules and regulations of the California desert grape
order and Sec. 944.503(a)(1) of the table grape import regulation.
This rule continues in effect the action that relaxed the one-quarter
pound minimum bunch size requirement for the 2010 and subsequent
seasons for U.S. No. 1 Table grade grapes packed in small consumer
packages containing 2 pounds net weight or less. Under the relaxation,
up to 20 percent of the weight of each consumer package weighing two
pounds or less may consist of single clusters weighing less than one-
quarter pound, but with at least five berries each. Authority for the
change to the California desert grape order is provided in Sec. Sec.
925.52(a)(1) and 925.53. Authority for the change to the table grape
import regulation is provided in section 8e of the Act.
There is general agreement in the industry for the need to continue
to relax the minimum bunch size requirement for grapes packed in these
consumer packages to allow for more packaging options. No additional
alternatives were considered because the 2009 one-year test relaxation
produced the desired results with no identified problems. The committee
unanimously agreed that the relaxation for grapes packed in consumer
packages containing 2 pounds net weight or less was appropriate to
prescribe for the 2010 and subsequent seasons.
Regarding the impact of this rule on affected entities, this rule
provides both California desert grape handlers and importers the
flexibility to continue to respond to an ongoing marketing opportunity
to meet consumer needs. This marketing opportunity initially existed in
the 2009 season, and the minimum bunch size regulations were relaxed
accordingly for one year on a test basis. As in 2009, handlers and
importers will be able to provide buyers in the retail sector more
packaging choices. The relaxation may result in increased shipments of
consumer-sized grape packages, which would have a positive impact on
producers, handlers, and importers.
This rule will not impose any additional reporting or recordkeeping
requirements on either small or large grape handlers or 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 rule.
Further, the committee's meeting was widely publicized throughout
the grape industry and all interested persons were invited to attend
the meeting and participate in committee deliberations. Like all
committee meetings, the November 12, 2009, meeting was a public meeting
and all entities, both large and small, were able to express their
views on this issue. Also, the World Trade Organization, the Chilean
Technical Barriers to Trade inquiry point for notifications under the
U.S-Chile Free Trade Agreement, the embassies of Argentina, Brazil,
Canada, Chile, Italy, Mexico, Peru, and South Africa, and known grape
importers were also notified of this action.
Comments on the interim rule were required to be received on or
before May 5, 2010. One comment was received. That comment was in
support of the relaxation of the handling requirements providing a
larger tolerance margin for
[[Page 34345]]
smaller bunches in consumer packages holding 2 pounds net weight or
less. Therefore, for the reasons given in the interim rule, we are
adopting the interim rule as a final rule, without change.
To view the interim rule, go to: https://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480acfcb7.
This action also affirms information contained in the interim rule
concerning Executive Orders 12866 and 12988, the Paperwork Reduction
Act (44 U.S.C. Chapter 35), and the E-Gov Act (44 U.S.C. 101).
In accordance with section 8e of the Act, the United States Trade
Representative has concurred with the issuance of this final rule.
After consideration of all relevant material presented, it is found
that finalizing the interim rule, without change, as published in the
Federal Register (75 FR 17031, April 5, 2010) will tend to effectuate
the declared policy of the Act.
List of Subjects
7 CFR Part 925
Grapes, Marketing agreements and orders, Reporting and
recordkeeping requirements.
7 CFR Part 944
Avocados, Food grades and standards, Grapefruit, Grapes, Imports,
Kiwifruit, Limes, Olives, Oranges.
PARTS 925 and 944--[AMENDED]
0
Accordingly, the interim rule that amended 7 CFR parts 925 and 944 and
that was published at 75 FR 17031 on April 5, 2010, is adopted as a
final rule, without change.
Dated: June 11, 2010.
David R. Shipman,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2010-14572 Filed 6-16-10; 8:45 am]
BILLING CODE P
