[Federal Register Volume 61, Number 18 (Friday, January 26, 1996)]
[Rules and Regulations]
[Pages 2393-2394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1296]



-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

7 CFR Part 999

[FV95-999-1FIR]


Specialty Crops; Import Regulations--Exemption of Brine Dried 
Prunes From Import Requirements

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of Agriculture (Department) is adopting as a 
final rule, without change, the provisions of an interim final rule 
which exempted brine dried prunes from import requirements by 
specifying that brine dried prunes do not fall within the definition of 
prunes in the import regulation. This rule is implemented in accordance 
with section 8e of the Agricultural Marketing Agreement Act of 1937. 
Section 8e requires imports of prunes to meet the same or comparable 
requirements as those implemented under Federal Marketing Order No. 
993, regulating the handling of dried prunes produced in California. 
The Department has determined that brine dried prunes are different 
from those normally handled by California prune handlers and that such 
prunes shall not be subjected to Section 8e import requirements.

EFFECTIVE DATE: February 26, 1996.

FOR FURTHER INFORMATION CONTACT: Valerie L. Emmer, Marketing 
Specialist, Marketing Order Administration Branch, Fruit and Vegetable 
Division, AMS, USDA, room 2523-S, P.O. Box 96456, Washington, DC 20090-
6456; telephone: 202-205-2829.

SUPPLEMENTARY INFORMATION: This rule is issued under section 8e of the 
Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-
674) (Act). Section 8e provides that whenever certain specified 
commodities, including prunes, are regulated under a Federal marketing 
order, imports of those commodities must meet the same or comparable 
grade, size, quality, and maturity requirements as those in effect for 
the domestically produced commodities.
    The Department is issuing this rule in conformance with Executive 
Order 12866.
    This rule has been reviewed under Executive Order 12778, Civil 
Justice Reform. This rule is not intended to have retroactive effect. 
This rule will not preempt any State or local laws, regulations, or 
policies, unless they present an irreconcilable conflict with this 
rule.
    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.
    Pursuant to the requirements set forth in the Regulatory 
Flexibility Act (RFA), the Administrator of the Agricultural Marketing 
Service (AMS) has considered the economic impact of this rule on small 
entities.
    The purpose of the RFA is to fit regulatory actions to the scale of 
business subject to such actions in order that small businesses will 
not be unduly or disproportionately burdened. 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.
    Import regulations issued under section 8e of the Act are based on 
regulations established under Federal marketing orders for fresh 
fruits, vegetables, and specialty crops, like prunes. Thus, import 
regulations also have small entity orientation and impact both small 
and large business entities in a manner comparable to rules issued 
under such marketing orders.
    There are approximately 10 importers who may be affected by this 
final rule. Small agricultural service firms, which include importers 
of dried prunes, have been defined by the Small Business Administration 
(13 CFR 121.601) as those whose annual receipts are less than 
$5,000,000. A majority of the importers may be classified as small 
entities.
    Prior to publication of the interim final rule in the Federal 
Register on November 24, 1995 (60 FR 57910), sulfur-bleached prunes, 
commonly known as silver prunes, and high moisture plums were exempt 
from import requirements. The interim final rule added brine dried 
prunes as an additional exemption under the import regulation. This 
rule finalizes that interim final rule.
    Brine dried prunes are different in form and character from those 
prunes regulated under the order, and were never intended to be subject 
to section 8e import requirements. Therefore, it is appropriate that 
they be exempt from the dried prune import regulation specified in 
Sec. 999.200. Brine dried prunes are imported under International 
Harmonized Tariff Schedule No. 0813.20.1000. All prunes now regulated 
under the order are imported under Harmonized Tariff Schedule No. 
0813.20.2000.
    To exempt brine dried prunes from import regulation requirements, 
the definition of ``prunes'' in paragraph (a)(1) of Sec. 999.200, was 
amended to add brine dried prunes as an exclusion from that definition. 
Brine dried prunes are defined as prunes that have been impregnated 
with brine or salt during the dehydration process to the extent that 
they have lost their form and character as prunes and cannot be 
reconstituted to permit economic use of the individual fruits as 
prunes.
    The change to the import regulation was published in the Federal 
Register as an interim final rule on November 24, 1995 (60 FR 57910). 
That rule provided that interested persons could file comments through 
December 26, 1995. No comments were received.
    In accordance with section 8e of the Act, the United States Trade 
Representative (USTR) has concurred with the issuance of this rule.
    Based on available information, the Administrator of the AMS has 
determined that the issuance of this rule will not have a significant 
economic 

[[Page 2394]]
impact on a substantial number of small entities.
    The information collection requirements contained in the referenced 
section have been previously approved by the Office of Management and 
Budget (OMB) under the provisions of 44 U.S.C. Chapter 35 and have been 
assigned OMB number 0581-0099.
    After consideration of all relevant matters presented, it is hereby 
found that the issuance of this rule will tend to effectuate the 
declared policy of the Act.

List of Subjects in 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 part 999 is 
amended to read as follows:

PART 999--SPECIALTY CROPS; IMPORT REGULATIONS

    Accordingly, the interim final rule amending 7 CFR Part 999 which 
was published at 60 FR 57910 on November 24, 1995, is adopted as a 
final rule without change.

    Dated: January 22, 1996.

Sharon Bomer Lauritsen,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 96-1296 Filed 1-25-96; 8:45 am]
BILLING CODE 3410-02-P