This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

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REGISTER issue of each week.

Rules and Regulations Federal Register

38323 

Vol. 74, No. 147 

Monday, August 3, 2009 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Parts 925 and 944 

[Doc. No. AMS–FV–08–0106; FV09–925–1 

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 final rule 

as final rule. 

SUMMARY: The Department of 

Agriculture (USDA) is adopting, as a 

final rule, without change, an interim 

final rule that relaxed the handling 

requirements prescribed under the 

California table grape marketing order 

(order) and the table grape import 

regulation. The interim final rule 

relaxed the minimum bunch size 

requirement for the 2009 season for 

grapes packed in containers 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 weighing less than one 

quarter pound, but with at least five 

berries each. The interim final rule was 

necessary to provide California desert 

grape handlers and importers the 

flexibility to respond to a marketing 

opportunity on a test basis for one 

season to meet consumer needs. 

DATES: Effective Dates: Effective August 

4, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Robinson, 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: 

Jen.Robinson@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: http://www.ams.usda.gov/

AMSv1.0/ams.fetchTemplate

Data.do?template=TemplateN&page=

MarketingOrdersSmallBusinessGuide; 

or by contacting Jay Guerber, 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: 

Jay.Guerber@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 

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 

the requirements of U.S. No. 1 Table 

grade. In response to a marketing 

opportunity, the industry is 

experimenting 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 grapes 

packed in these containers. 

Imported table grapes are subject to 

regulations specified in 7 CFR part 944. 

Under those regulations, imported 

grapes must meet the same minimum 

size requirements as specified for 

domestic grapes under the order. 

Therefore, the minimum bunch size 

requirement was also relaxed for 

imported grapes packed in the 

experimental containers during in the 

2009 season. 

In an interim final rule published in 

the Federal Register on March 17, 2009, 

and effective on March 20, 2009 (74 FR 

11275, Doc. No AMS–FV–08–0106, 

FV09–925–1 IFR), §§ 925.304 and 

944.503 were amended by relaxing the 

one-quarter pound minimum bunch size 

requirement for the 2009 season 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 

rule 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 approximately 14 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 

approximately 123 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. 

Nine of the 14 handlers subject to 


sroberts on DSKD5P82C1PROD with RULES
38324 Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Rules and Regulations 

regulation have annual grape sales of 

less than $7,000,000. Based on data 

from the National Agricultural Statistics 

Service and the committee, the average 

crop value for 2008 is about 

$53,040,000. Dividing this figure by the 

number of producers (50) yields an 

average annual producer revenue 

estimate of about $1,060,800, which 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. The 

average importer receives $2.8 million 

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 2009 season 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 may consist of 

single clusters weighing less than onequarter 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 the Act. 

There is general agreement in the 

industry for the need to relax the 

minimum bunch size requirement for 

grapes packed in clamshells to allow for 

more packaging options, as noted in the 

interim final rule. An alternative 

discussed by the committee was to relax 

the minimum bunch size requirement 

for U.S. No. 1 Table grade grapes packed 

in clamshells containing net weights of 

2, 3, and 4 pounds. The committee 

decided that there is not a problem with 

clamshells containing net weights of 3 

and 4 pounds meeting the minimum 

requirements at this time. Ultimately, 

the committee unanimously agreed that 

the relaxation for grapes packed in 

clamshells containing 2 pounds net 

weight or less was appropriate as a test 

for one season. 

Regarding the impact of this rule on 

affected entities, this rule provides both 

California desert grape handlers and 

importers the flexibility to respond to a 

marketing opportunity on a test basis for 

one season to meet customer demands 

and consumer needs. 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 packs, 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 14, 2008, 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 

notified of this action. 

Comments on the interim final rule 

were required to be received on or 

before May 18, 2009. No comments were 

received. Therefore, for the reasons 

given in the interim final rule, we are 

adopting the interim final rule as a final 

rule, without change. 

To view the interim final rule, go to: 

http://www.regulations.gov/fdmspublic/ 

component/ 

main?main=DocketDetail&d=AMS-FV08-0106. 

This action also affirms information 

contained in the interim final 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 rule. 

After consideration of all relevant 

material presented, it is found that 

finalizing the interim final rule, without 

change, as published in the Federal 

Register (74 FR 11275, March 17, 2009) 

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 final rule 

that amended 7 CFR parts 925 and 944 

and that was published at 74 FR 11275 

on March 17, 2009, is adopted as a final 

rule, without change. 

Dated: July 28, 2009. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E9–18414 Filed 7–31–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 932 

[Doc. No. AMS–FV–08–0105; FV09–932–1 

FIR] 

Olives Grown in California; Increased 

Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Affirmation of interim final rule 

as final rule. 

SUMMARY: The Department of 

Agriculture (USDA) is adopting, as a 

final rule, without change, an interim 

final rule that changed the assessment 

rate established under the marketing 

order (order) for olives grown in 

California for the 2009 and subsequent 

fiscal years. The interim final rule 

increased the assessment rate from 

$15.60 to $28.63 per assessable ton of 

olives handled. The interim final rule 

was necessary to provide adequate 

operating funds for the California Olive 

Committee (committee), which 

administers the order locally. 

DATES: Effective Date: Effective 

August 4, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Robinson, 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: 


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