[Federal Register: November 2, 2006 (Volume 71, Number 212)]
[Proposed Rules]               
[Page 64478]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02no06-13]                         

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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[[Page 64478]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 51

[Docket Number FV-06-313]

 
United States Standards for Grades of Winter Pears

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: The Agricultural Marketing Service (AMS) prior to undertaking 
research and other work associated with revising official grade 
standards, is soliciting comments on the possible revisions of the 
United States Standards for Grades of Winter Pears. AMS has been 
reviewing the Fresh Fruit and Vegetable grade standards for usefulness 
in serving the industry. As a result AMS is considering revisions to 
the winter pear standard to include removing the section 51.1309, 
Condition after storage or transit. This section has caused confusion 
within the industry in the past due to different procedures incurred 
when reporting inspection findings in comparison to other grade 
standards. Additionally, AMS is seeking comments regarding any other 
revisions to the standards that may be necessary to better serve the 
industry.

DATES: Comments must be received by January 2, 2007.

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 Winter Pears 
are available either at the above address or by accessing the AMS, 
Fresh Products Branch Web site at: http://www.ams.usda.gov/standards/stanfrfv.htm
.


FOR FURTHER INFORMATION CONTACT: Cheri L. Emery, at the above address 
or call (202) 720-2185; E-mail 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. AMS makes copies of official standards 
available upon request.
    AMS is considering revisions to the United States Standards for 
Grades of Winter Pears. These standards were last published on 
September 10, 1955.

Executive Order 12866

    The Office of Management and Budget has waived the review process 
required by Executive Order 12866 for this action.

Background

    AMS has been reviewing the Fresh Fruit and Vegetable grade 
standards for usefulness in serving the industry. AMS is considering a 
revision to the United States Standards for Grades of Winter Pears. The 
revision would eliminate the section 51.1309, Condition after storage 
or transit, which states that ``decay, scald or other deterioration 
which may have developed on pears after they have been in storage or 
transit shall be considered as affecting condition and not the grade.'' 
Due to this requirement, pears may fail to meet the requirements of the 
grade the pears would be reported as ``meets grade.'' For example: a 
lot of pears that fail to meet the requirements of the U.S. No. 1 grade 
due to exceeding the decay tolerance would be reported as ``U.S. No. 1 
with decay being a factor of condition.'' This has caused confusion 
within the industry as generally when a product exceeds a tolerance for 
grade it is reported as ``fails to grade.'' Removing this section will 
eliminate any confusion in the future and bring the winter pear 
standard in line with other standards. However, prior to undertaking 
detailed work to develop the proposed revision to the standards, AMS is 
soliciting comments on these changes as well as any other revisions to 
the United States Standards for Grades of Winter Pears to better serve 
the industry.
    This notice provides for a 60-day comment period for interested 
parties to comment on whether any changes are necessary to the 
standards. Should AMS conclude that there is a need for any revisions 
of the standards, the proposed revisions will be published in the 
Federal Register with a request for comments.

    Authority: 7 U.S.C. 1621-1627.

    Dated: October 27, 2006.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
 [FR Doc. E6-18504 Filed 11-1-06; 8:45 am]

BILLING CODE 3410-02-P