[Federal Register: September 22, 2006 (Volume 71, Number 184)]
[Proposed Rules]
[Page 55367-55369]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22se06-19]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 51
[Docket Number FV-06-304]
United States Standards for Grades of Table Grapes (European or
Vinifera Type)
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: The Agricultural Marketing Service (AMS) of the Department of
Agriculture (USDA), is proposing a revision to the voluntary United
States Standards for Grades of Table Grapes (European or Vinifera
Type). Two industry associations requested the standards be modified by
adding a 10 percent allowance for shattered grapes in consumer
containers for shipment that are en route or at destination. The
standards provide industry with a common language and a uniform basis
for trading, thus promoting the orderly and efficient marketing of
European or Vinifera Type table grapes.
DATES: Comments must be received by November 21, 2006.
ADDRESSES: Interested persons are invited to submit written comments to
the Standardization Section, Fresh Products Branch, Fruit and Vegetable
Programs, Agricultural Marketing Service, U.S. Department of
Agriculture, 1400 Independence Ave., SW., Room 1661 South Building,
Stop 0240, Washington, DC 20250-0240; fax (202) 720-8871; e-mail
FPB.DocketClerk@usda.gov. Comments should make reference to the dates
and page number of this issue of the Federal Register and will be made
available for public inspection in the above office during regular
business hours. The United States Standards for Grades of Table Grapes
(European or Vinifera Type) are available either through the address
cited above or by accessing the AMS, Fresh Products Branch Web site at:
http://www.ams.usda.gov/fv/fpbcheck.htm.
FOR FURTHER INFORMATION CONTACT: Cheri L. Emery, at the above address,
telephone number (202) 720-2185, or e-mail address
Cheri.Emery@usda.gov.
SUPPLEMENTARY INFORMATION: Section 203(c) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1621-1627), as amended, directs and authorizes
the Secretary of Agriculture ``To develop and improve standards of
quality, condition, quantity, grade and packaging and recommend and
demonstrate such standards in order to encourage uniformity and
consistency in commercial practices.'' AMS is committed to carrying out
this authority in a manner that facilitates the marketing of
agricultural commodities and makes copies of official standards
available upon request.
Executive Order 12866 and 12988
The Office of Management and Budget has waived the review process
required by Executive Order 12866 for this action. This rule has been
reviewed under Executive Order 12988, Civil Justice Reform. This action
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 the rule.
Regulatory Flexibility Act and Paperwork Reduction Act
Pursuant to the requirements set forth in the Regulatory
Flexibility Act (RFA), 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 businesses subject to such actions in order
that small businesses will not be unduly or disproportionately
burdened. Accordingly, AMS has prepared this initial regulatory
flexibility analysis. Interested parties are invited to submit
information on the regulatory and informational impacts of this action
on small businesses. Comments also are specifically requested on the
number and size of producers and handlers of table grapes in United
States.
This rule will revise the U.S. Standards for Grades of Table Grapes
(European or Vinifera Type) that were issued under the Agricultural
Marketing Act of 1946. Standards issued under the 1946 Act are
voluntary.
According to the National Agricultural Statistics Service (NASS)
report of the 2002 Census of Agriculture, there are 23,856 grape farms
in the United States. Using additional data from the Noncitrus Fruits
and Nuts 2005 Summary, total fresh utilization of grapes was 995,370
tons. Furthermore, the price per ton for grapes in 2005 was $570.00 and
the value of grape utilized as fresh was $567,523,000. Based on the
number of farms (23,856), the average producer revenue from the sale of
fresh grapes is
[[Page 55368]]
estimated at approximately $23,789 per year.
Small agricultural service firms, which include handlers, have been
defined by the Small Business Administration (SBA) (13 CFR 121.201) as
those having annual receipts of less than $6,500,000, and small
agricultural producers are defined as those having annual receipts of
less than $750,000. The number of table grape handlers in the United
States is not known. However, we estimate that the majority of such
handlers may be classified as small entities, reflecting the size of a
majority of handlers regulated under the marketing order 7 CFR part
925. The majority of handlers regulated under the marketing order is
approximately twenty. Thus, the majority of fresh grape producers and
handlers, may be classified as small entities.
The effects of this rule are not expected to be disproportionately
greater or smaller for small handlers or producers than for larger
entities.
The use of grading services and grading standards is voluntary
unless required by a specific Act, Federal Marketing Order or
Agreement, or other regulations governing domestic, import or export
shipments.
USDA has not identified any Federal rules that duplicate, overlap,
or conflict with this rule. There is a marketing order program which
regulates the handling of European or Vinifera type table grapes under
7 CFR part 925. Further, Section 8e of the Agricultural Marketing
Agreement Act of 1937 requires, whenever the Secretary of Agriculture
issues grade, size, quality or maturity regulations under domestic
marketing orders for certain specified commodities, the same or
comparable regulations on imports of those commodities be issued. The
revision being proposed in this action only affects shattered berries
in consumer size containers en route or at destination. As such, the
proposed action would not affect table grapes under the marketing order
or under Section 8e of the Agricultural Marketing Agreement Act of
1937.
This proposed change would modify the standard by adding a 10
percent allowance for shattered grapes in shipments that are en route
or at destination and will make the standards more consistent and
uniform with marketing trends and commodity characteristics. This
proposed action will not impose any additional reporting or
recordkeeping requirements on either small or large grape producers,
handlers, or importers.
Alternatives were considered for this action. One alternative would
be to not issue a proposed rule. However, the need for revisions have
increased as a result of changing marketing characteristics by
industry, and the proposal is the result of a request by industry.
Further, the purpose of these standards is to facilitate the marketing
of agricultural commodities.
Background
AMS received petitions from the California Grape and Tree Fruit
League and Western Growers Association, requesting a revision to the
United States Standards for Grades of Table Grapes (European or
Vinifera Type) to add an additional 10 percent allowance for shattered
grapes in consumer containers for shipments that are en route or at
destination. The standards currently provide in section 51.886, Table
II Tolerances En Route or at Destination, a 12 percent total tolerance
for bunches and berries failing to meet the requirements of grade for
en route or at destination. Revising section 51.886, Table II by adding
10 percent allowance for shattered would mean that shattered berries
would not be scored as a defect against the 12 percent total tolerance
until the amount of shattered berries exceeds the 10 percent allowance.
For example, if a lot of berries has 22 percent shattered berries, 12
percent would be reported as a defect and the lot would meet the
requirements of the U.S. No. 1 Table grade provided no other defects
were present; however, if a lot of berries has 23 percent shattered
berries, 13 percent would be reported as a defect, which would cause
the lot to fail meet the requirements of the U.S. No. Table 1 grade by
1 percent. The petitioners stated that they feel change, specific to
consumer containers, is warranted as the majority of table grapes are
now being sold in consumer containers which allow shattered berries to
be fully utilized/sold.
Prior to undertaking detailed work to develop a proposed revision
to the standards, AMS published a notice on January 24, 2006, in the
Federal Register (71 FR 3818) soliciting comments on the proposed
revision. In response to the notice, AMS received fourteen comments
from the table grape industry. The comments are available by accessing
the AMS, Fresh Products Branch Web site at: http://www.ams.usda.gov/fv/fpbdocketlist.htm
.
Twelve comments supported the proposal; one from a regional
agriculture trade association, one from a table grape association and
ten from members of that table grape association. Each of these
comments indicated that new improvements to consumer packaging resulted
in less shrinkage and a more sellable product to consumers, and with
this improvement, a revision of how shatter is scored was needed. One
comment opposing the proposal was received from a national trade
association representing wholesale produce receivers. The receivers'
association stated that an increase of shattered grapes would be
unfairly damaging to receivers and consumers.
Finally, one comment was received from a trade association of
shippers of table grapes from the State of Sonora, Mexico. The
shippers' association supported the idea of revisiting the standards
for table grapes, however, it wanted to investigate the potential
effects of an added ten percent allowance during the upcoming season
before supporting this revision. The association indicated that the 10
percent allowance seemed high. Additionally, the association expressed
a need to reexamine the definitions of ``bunch size'' and ``straggly
bunch'' as it does not believe the requirements under each definition
accurately represent the current market demands for table grapes. These
additional matters are beyond the scope of the proposed revision, and
therefore they will not be addressed in this action.
Taking into account the comments received, AMS believes that it
would be more beneficial to the overall industry to fully utilize
shattered berries that are not otherwise defective, in consumer
containers. The majority of table grapes are now sold in consumer
containers. Further, this action provides for a 60-day comment period
for interested parties to comment on the proposed revision.
Accordingly, AMS proposes to amend the United States Standards for
Grades of Table Grapes (European or Vinifera Type) as follows:
List of Subjects in 7 CFR Part 51
Agricultural commodities, Food grades and standards, Fruits, Nuts,
Reporting and recordkeeping requirements, Trees, Vegetables.
For reasons set forth in the preamble, 7 CFR part 51 is proposed to
be amended as follows:
PART 51--[AMENDED]
1. The authority citation for part 51 continues to read as follows:
Authority: 7 U.S.C. 1621--1627.
2. In Sec. 51.886, paragraph (b), Table II is revised to read as
follows:
[[Page 55369]]
Subpart--United States Standards for Grades of Table Grapes
(European or Vinifera Type)
Sec. 51.886 Tolerances.
* * * * *
(b) * * *
Table II.--Tolerances En Route or at Destination
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U.S. extra U.S. fancy U.S. No. 1
Factor fancy table table table
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(A) For bunches failing to meet color requirements.............. 10 10 10
(B) For bunches failing to meet requirements for minimum 10 10 10
diameter of berries............................................
(C) For bunches failing to meet stem color requirements......... 10 ..............
(D) For offsize bunches and for bunches and berries failing to 12 12 12
meet the remaining requirements for the grade..................
(E) For shattered berries in consumer size packages an allowance ..............
of 10 percent is provided. Any percent of shattered berries
exceeding the allowance of 10 percent shall be scored as
berries failing to meet the requirements of the grade.
Including in (D):
(a) For permanent defects................................... 8 8 8
(b) For serious damage...................................... 4 4 4
And, including in (b):
(i) For serious damage by permanent defects................. 2 2 2
(ii) For decay.............................................. 1 1 1
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Dated: September 15, 2006.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. 06-7869 Filed 9-21-06; 8:45 am]
BILLING CODE 3410-02-P