Federal Register, Volume 72 Issue 61 (Friday, March 30, 2007)

[Federal Register Volume 72, Number 61 (Friday, March 30, 2007)]
[Proposed Rules]
[Pages 15055-15056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1537]

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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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Federal Register / Vol. 72, No. 61 / Friday, March 30, 2007 /
Proposed Rules

[[Page 15055]]

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 51

[Docket AMS-FV-2007-0010; FV-06-302]

United States Standards for Grades of Sweet Cherries

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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SUMMARY: The Agricultural Marketing Service (AMS), has reviewed the
Fresh Fruit and Vegetable grade standards for usefulness in serving the
industry. As a result, AMS is proposing to revise the sweet cherry
standard to include standardized row sizes into the standard. These
standardized row sizes would establish a uniform basis for defining
size in the industry.

DATES: Comments must be received by May 29, 2007.

ADDRESSES: Interested persons are invited to submit written comments on
the Internet at http://www.regulations.gov or 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. 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.

FOR FURTHER INFORMATION CONTACT: Vincent J. Fusaro, Standardization
Section, Fresh Products Branch, (202) 720-2185. The United States
Standards for Grades of Sweet Cherries are available either through the
address cited above or by accessing the Fresh Products Branch Web site
at: http://www.ams.usda.gov/standards/stanfrfv.htm.

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. The United States Standards for Grades of
Fruits and Vegetables not connected with Federal Marketing Orders or
U.S. Import Requirements no longer appear in the Code of Federal
Regulations, but are maintained by USDA, AMS, Fruit and Vegetable
Programs.

Regulatory Flexibility Act and Paperwork Reduction Act

AMS reviewed the Fresh Fruit and Vegetable grade standards for
usefulness in serving the industry. AMS identified the United States
Standards for Grades of Sweet Cherries for possible revision. The
United States Standards for Grades of Sweet Cherries was last revised
in 1971. The standard row sizes being proposed will make the standards
current with today's marketing trends and practices.

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.
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.
This rule will revise the U.S. Standards for Grades of Sweet
Cherries that were issued under the Agricultural Marketing Act of 1946.
Standards issued under the 1946 Act are voluntary.
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 sweet cherry 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.
According to the National Agricultural Statistics Service (NASS)
report of the 2002 Census of Agriculture, these are 8,043 sweet cherry
farms in the United States. Using additional data from the Noncitrus
Fruits and Nuts Summary for 2005, total fresh utilization of sweet
cherries was 167,190 tons. Furthermore, the price per ton for sweet
cherries in 2005 was $2,610 and the value of sweet cherries utilized as
fresh was $436,992,000. Based on the number of farms (8,043) the
average producer revenue from the sale of fresh sweet cherries is
estimated at approximately $54,332 per year. Thus, the majority of
fresh sweet cherry producers may be classified as small entities.
This proposed rule would incorporate standard row sizes into the
standard. The effects of this rule are not expected to be
disproportionately greater or smaller for small handlers or producers
than for larger entities.
This proposed action would establish standard row sizes and make
the standard more consistent and uniform with marketing trends and
practices. The size of sweet cherries are described in ``rows'' and
this practice dates back to when the industry place-packed the top
layer in the box. For example; a tight fit of ten cherries across the
narrow face of the lug became known as size ``10 row'' cherries.
This proposed action will not impose any additional reporting or

[[Page 15056]]

recordkeeping requirements on either small or large sweet cherry
producers, handlers, or importers. USDA has not identified any Federal
rules that duplicate, overlap, or conflict with this rule. However,
there is a marketing order program (7 CFR part 923) which regulates the
handling of sweet cherries. Sweet cherries under a marketing order have
to meet certain requirements set forth in the U.S. grade standards.
Alternatives were considered for this action. One alternative would
be to not issue a proposed rule. However, the need for this revision
has increased as a result of changing market characteristics. Since the
purpose of these standards is to facilitate the marketing of
agricultural commodities, not revising the sweet cherries standard
could result in confusion in terms of industry marketing and the use of
the U.S. standards. AMS is seeking comments regarding how, if at all,
marketing would be improved by incorporating standard row sizes into
the standard. Further, comments outlining any additional costs or
benefits would be helpful in determining a final decision after the
comments are received and reviewed. AMS will also review any other
suggested revisions and would be interested in how they would improve
the marketing of sweet cherries and any associated costs and/or
benefits to the industry.

Background

Prior to undertaking detailed work to develop a proposed revision
to the standard, AMS published a notice on January 25, 2006, in the
Federal Register (71 FR 4100) soliciting comments on a proposal to
incorporate row sizes into the standards.
In response to our request for comments, AMS received two comments
from the industry. These comments are available by accessing the AMS,
Fresh Products Branch Web site at: http://www.ams.usda.gov/fv/fpbdocketlist.htm.
The first comment was from a grower/shipper which supported
incorporating a standard row size into the Standards for Grades of
Sweet Cherries. The second comment was from a trade association
representing wholesale receivers. The comment only stated that the
association saw no reason to incorporate the standard row size into the
U.S. Grade Standards at this time. However, AMS believes incorporating
the size will be beneficial and reflect current marketing practices.
Accordingly, AMS is proposing to incorporate standard row sizes
into the U.S. standards. The row size corresponds with current row
sizes being used in the industry. The section 51.2660 Metric Conversion
Table would be designated as section 51.2660 Standard Row Sizes to show
the following definition for row size with corresponding sizes in
inches:

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Row sizes...................... 9 9\1/2\ 10 10\1/2\ 11 11\1/2\ 12 12\1/2\ 13
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Size in inches................. 75/64 71/64 67/64 64/64 61/64 57/64 54/64 51/64 48/64
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Section 51.2661 would be the standard and the current Sec. 51.2660
Metric Conversion Table will be re-designated as Sec. 51.2661.
The official grade of a lot of sweet cherries covered by these
standards is determined by the procedures set forth in the Regulations
Governing Inspection, Certification, and Standards of Fresh Fruits,
Vegetables and Other Products (Sec. 51.1 to 51.61).

List of Subjects in 7 CFR Part 51

Agricultural commodities, Food grades and standards, Fruits, Nuts,
Reporting and recordkeeping requirements, Trees, Vegetables.

PART 51--[AMENDED]

For reasons set forth in the preamble, 7 CFR part 51 is proposed to
be amended as follows:
1. The authority citation for part 51 continues to read as follows:

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

2. Section 51.2660 is revised and Sec. 51.2661 is added to read as
follows:

Subpart--United States Standards for Grades of Sweet Cherries

Sec. 51.2660 Standard Row Sizes.

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Sec. 51.2661 Metric Conversion Table.

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Millimeters
Inches (mm)
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\8/64\ equals.............................................. 3.2
\16/64\ equals............................................. 6.4
\24/64\ equals............................................. 9.5
\32/64\ equals............................................. 12.7
\40/64\ equals............................................. 15.9
\48/64\ equals............................................. 19.1
\51/64\ equals............................................. 20.2
\52/64\ equals............................................. 20.6
\54/64\ equals............................................. 21.4
\56/64\ equals............................................. 22.2
1 equals................................................... 25.4
1\8/64\ equals............................................. 28.6
1\16/64\ equals............................................ 31.8
1`\24/64\ equals........................................... 34.9
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Dated: March 23, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. 07-1537 Filed 3-29-07; 8:45 am]
BILLING CODE 3410-02-M