Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Proposed Rules 31887 

20415. Phone (202) 606–1700 or e-mail 

at Mauro.Morales@opm.gov. 

SUPPLEMENTARY INFORMATION: OPM’s 

plan sets forth a process for obtaining 

input from the public on an annual 

basis concerning the regulations that 

OPM should review. The plan also 

identifies the regulations that OPM 

plans on examining this year. 

OPM is now seeking public comment 

on its plan. Any comments that are 

submitted will also be viewable by the 

public. OPM will review the comments 

and post the final plan to its public 

open government Web site. 

U.S. Office of Personnel Management. 

John Berry, 

Director. 

[FR Doc. 2011–13699 Filed 6–1–11; 8:45 am] 

BILLING CODE 6325–48–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 36 

[Document No. AMS–FV–07–0100] 

Procedures by Which the Agricultural 

Marketing Service Develops, Revises, 

Suspends, or Terminates Voluntary 

Official Grade Standards: United 

States Standards for Grades of Frozen 

Okra 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Request for comments. 

SUMMARY: The Agricultural Marketing 

Service (AMS) of the Department of 

Agriculture (USDA) proposes to revise 

the United States Standards for Grades 

of Frozen Okra. The standards for frozen 

okra would be changed from a ‘‘variable 

score point’’ system to an ‘‘individual 

attribute’’ grading system; the ‘‘dual 

grade nomenclature’’ would be replaced 

with single letter grade designation and 

editorial changes would be included. 

These changes would bring the 

standards for frozen okra in line with 

the present quality levels being 

marketed today and would provide 

guidance in the effective utilization of 

frozen okra. 

DATES: Comments must be submitted on 

or before August 1, 2011. 

ADDRESSES: Written comments may be 

mailed to Brian E. Griffin, Inspection 

and Standardization Section, Processed 

Products Branch, Fruit and Vegetable 

Programs, Agricultural Marketing 

Service, U.S. Department of Agriculture, 

1400 Independence Avenue, SW., Room 

0709, South Building; STOP 0247, 

Washington, DC 20250; fax: (202) 690– 

1527; or Internet: http:// 

www.regulations.gov. The proposed 

United States Standards for Grades of 

Frozen Okra are available through the 

address cited above. All comments 

should reference the document number, 

date, and page number of this issue of 

the Federal Register. All comments will 

be posted without change, including 

any personal information provided. All 

comments submitted in response to this 

notice will be included in the record 

and will be made available to the public 

on the Internet via http:// 

www.regulations.gov. Comments will be 

made available for public inspection at 

the above address during regular 

business hours or can be viewed at: 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Contact Brian E. Griffin, at the address 

above, or phone (202)720–5021; or fax 

(202) 690–1527. Copies of the proposed 

U.S. Standards for Grades of Frozen 

Okra are available on the Internet at 

http://www.regulations.gov. 

SUPPLEMENTARY INFORMATION: Section 

203(c) of the Agricultural Marketing Act 

of 1946, 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. Those United 

States Standards for Grades of Fruits 

and Vegetables no longer appear in the 

Code of Federal Regulations but are 

maintained by USDA, AMS, Fruit and 

Vegetable Programs. AMS is proposing 

revisions in the U.S. Standards for 

Grades of Frozen Okra using the 

procedures that appear in part 36 of 

Title 7 of the Code of Federal 

Regulations (7 CFR part 36). 

Background: AMS received a petition 

from the American Frozen Food 

Institute (AFFI) requesting the revision 

of the standards for frozen okra. The 

petitioners represent almost all of the 

processors of frozen okra in the United 

States. The grade standards are 

presently based on the variable score 

points grading system. 

It is proposed that the standards be 

modified to convert them to a 

statistically-based individual attribute 

grading system, similar to the United 

States Standards for Grades of Canned 

Green and Wax Beans (58 FR 4295; 

January 14, 1993). The individual 

attribute grading system uses sample 

size and acceptable quality levels 

(AQLs), as well as tolerances and 

acceptance numbers (number of 

allowable defects), to determine the 

quality level of a lot. This change would 

bring the standards in line with current 

marketing practices and innovations in 

processing techniques. 

In addition, AMS proposes to replace 

the dual grade nomenclature with single 

letter designations. ‘‘U.S. Grade A’’ 

(or ‘‘U.S. Fancy’’) and ‘‘U.S. Grade B’’ 

(or ‘‘U.S. Extra Standard’’) would 

become ‘‘U.S. Grade A’’ and ‘‘U.S. Grade 

B’’, respectively. 

These revisions would also include 

minor editorial changes. These changes 

provide a uniform format consistent 

with recent revisions of other U.S. grade 

standards. This format has been 

designed to provide industry personnel 

and agricultural commodity graders 

with simpler and more comprehensive 

standards. Definitions of terms and 

easy-to-read tables would be 

incorporated to assure a better 

understanding and uniform application 

of the standards. 

Prior to undertaking research and 

other work associated with revising the 

standards, AMS sought public 

comments on the petition (see 64 FR 

52266). 

More recently, a notice requesting 

additional comments on the proposed 

revision to the United States Standards 

for Grades of Frozen Okra was 

published in the December 12, 2007, 

Federal Register (72 FR 70565). At the 

request of AFFI, a notice reopening and 

extending the comment period was 

published in the May 16, 2008, Federal 

Register (73 FR 28424). A 60 day period 

was provided for interested persons to 

submit comments on the proposed 

standards. AMS received a comment 

from AFFI that requested a tolerance be 

established for ‘‘Cap Ends’’ for both 

‘‘Whole’’ and ‘‘Cut’’ styles as follows: 

Portion of ‘‘stem’’ extending between 3⁄8

and 1⁄2 inch beyond the cap scar equals 

‘‘poor or excessive trim’’; ‘‘Stem’’ 

extending greater than 1⁄2 inch beyond 

cap scar equals ‘‘EVM’’. In addition, the 

petitioner requested that in Table II, 

‘‘Excessive Trim (included in 

Mechanical Damage)’’ be better defined. 

The petitioner noted that this 

criterion was removed from the prior 

‘‘Small Pieces/Misshapen’’ category and 

moved to the proposed 10 percent 

‘‘Mechanical Damage’’ category. For cut 

style, AFFI stated that less than 1⁄4 inch 

be the limit for small pieces, but AFFI 

suggested that tolerances should be 

based on percent by weight. In doing 

this, ‘‘Small Pieces’’ would be taken out 

of the ‘‘Mechanical Damage’’ category. 


srobinson on DSK4SPTVN1PROD with PROPOSALS
31888 Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Proposed Rules 

Lastly, AFFI suggested that with the 

criteria for ‘‘Cap Ends’’ above and the 

tolerances given for ‘‘Tough Fiber’’, the 

‘‘Inedible Stems’’ category was no longer 

needed. 

Subsequent to their submission of 

comments, and upon further discussion 

with AFFI through several discussion 

drafts between September 2008 and 

February 2011, the following changes 

also were proposed. From the definition 

of ‘‘Appearance’’, the reference to ‘‘for 

regular process’’ would be deleted. This 

terminology does not apply to the 

concept of the term, ‘‘Appearance’’ and 

its elimination from the proposed 

standards would have no impact on the 

grade of the product. 

Also, in the definition of the term, 

Appearance, under Good Appearance, 

‘‘reasonably free’’ would be changed to 

‘‘practically free’’, and under 

‘‘Reasonably Good Appearance,’’ ‘‘fairly 

free’’ would be changed to ‘‘reasonably 

free’’. Under the term, ‘‘Flavor and odor,’’ 

in the reference to ‘‘Normal flavor and 

odor,’’ ‘‘Normal’’ would be changed to 

‘‘Reasonably Good’’. 

These changes would provide a 

uniform format consistent with recent 

revisions of other U.S. grade standards. 

The term, ‘‘Hard, woody okra material’’ 

would be added to the standards. These 

terms and allowances currently are in 

the USDA grading manual for frozen 

okra effective January 1996, and as such, 

the standards should be updated. 

This proposed revision of the frozen 

okra standard would revise the text of 

the standard to provide a common 

language for trade and better reflect the 

current marketing of frozen okra. The 

official grade of a lot of frozen okra 

covered by these standards is 

determined by the procedures set forth 

in the ‘‘Regulations Governing 

Inspection and Certification of 

Processed Products Thereof, and Certain 

Other Processed Food Products (§ 52.1 

to 52.83).’’ 

AMS is publishing this notice with a 

sixty day comment period that will 

provide a sufficient amount of time for 

interested persons to comment on the 

proposed revision to the standards. 

Authority: 7 U.S.C. 1621–1627. 

Dated: May 9, 2011. 

Ellen King, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2011–11718 Filed 6–1–11; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Parts 916 and 917 

[Doc. No. AMS–FV–11–0018; FV11–916/917– 

4 PR] 

Nectarines and Fresh Peaches Grown 

in California; Termination of Marketing 

Order 916 and the Peach Provisions of 

Marketing Order 917 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This rule invites comments 

on the proposed termination of the 

Federal marketing orders regulating the 

handling of nectarines and fresh 

peaches grown in California (orders) 

and the rules and regulations issued 

thereunder. This action is based upon a 

decision by the Department of 

Agriculture (USDA) following referenda 

conducted among industry growers. As 

provided under the orders, USDA 

considers order termination if fewer 

than two-thirds of growers participating 

in regularly scheduled continuance 

referenda, by number and production 

volume, support continuance. In 2011 

referenda, growers failed to support 

continuance of the orders and their 

programs in sufficient numbers and 

USDA now proposes to terminate the 

orders. 

DATES: Comments must be received by 

June 17, 2011. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this proposal. Comments 

must be sent to the Docket Clerk, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., STOP 0237, Washington, 

DC 20250–0237; Fax: (202) 720–8938; or 

Internet: http://www.regulations.gov. All 

comments should reference the 

document number and the date and 

page number of this issue of the Federal 

Register and will be made available for 

public inspection in the Office of the 

Docket Clerk during regular business 

hours, or can be viewed at: http:// 

www.regulations.gov. All comments 

submitted in response to this rule will 

be included in the record and will be 

made available to the public. Please be 

advised that the identity of the 

individuals or entities submitting the 

comments will be made public on the 

Internet at the address provided above. 

FOR FURTHER INFORMATION CONTACT: Jerry 

L. Simmons, 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: 

Jerry.Simmons@ams.usda.gov or 

Kurt.Kimmel@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Laurel May, 

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: 

Laurel.May@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This 

proposed rule is issued under Marketing 

Order Nos. 916 and 917, both as 

amended (7 CFR parts 916 and 917), 

regulating the handling of nectarines 

and peaches grown in California, 

respectively, hereinafter referred to as 

the ‘‘orders.’’ The orders are effective 

under the Agricultural Marketing 

Agreement Act of 1937, as amended 

(7 U.S.C. 601–674), hereinafter referred 

to as the ‘‘Act.’’ 

USDA is issuing this rule in 

conformance with Executive Order 

12866. 

This proposal to terminate the orders 

has been reviewed under Executive 

Order 12988, Civil Justice Reform. This 

rule is not intended to have retroactive 

effect. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 608c(15)(A) of the Act, any 

handler subject to an order may file 

with USDA a petition stating that the 

order, any provision of the order, or any 

obligation imposed in connection with 

the order is not in accordance with law 

and request a modification of the order 

or to be exempted therefrom. A handler 

is afforded the opportunity for a hearing 

on the petition. After the hearing USDA 

would rule on the petition. The Act 

provides that the district court of the 

United States in any district in which 

the handler is an inhabitant, or has his 

or her principal place of business, has 

jurisdiction to review USDA’s ruling on 

the petition, provided an action is filed 

not later than 20 days after the date of 

the entry of the ruling. 

This rule proposes to terminate 

Marketing Order 916—the nectarine 

order—and the peach provisions of 

Marketing Order 917—the fresh pear 

and peach order—as well as the 

pertinent rules and regulations issued 

thereunder. USDA believes that 

termination of these programs would be 


srobinson on DSK4SPTVN1PROD with PROPOSALS