Federal Register / Vol. 74, No. 44 / Monday, March 9, 2009 / Proposed Rules 9969 

PART 532—PREVAILING RATE 

SYSTEMS 

1. The authority citation for part 532 

continues to read as follows: 

Authority: 5 U.S.C. 5343, 5346; § 532.707 

also issued under 5 U.S.C. 552. 

2. Appendix C to subpart B is 

amended by revising the wage area 

listings for the Boise, ID, and Utah wage 

areas to read as follows: 

Appendix C to Subpart B of Part 532— 

Appropriated Fund Wage and Survey 

Areas 

* * * * * 

Idaho 

Boise 

Survey Area 

Idaho: 

Ada 

Boise 

Canyon 

Elmore 

Gem 

Area of Application. Survey area plus: 

Idaho: 

Adams 

Bannock 

Bear Lake 

Bingham 

Blaine 

Bonneville 

Butte 

Camas 

Caribou 

Cassia 

Clark 

Custer 

Fremont 

Gooding 

Jefferson 

Jerome 

Lemhi 

Lincoln 

Madison 

Minidoka 

Oneida 

Owyhee 

Payette 

Power 

Teton 

Twin Falls 

Valley 

Washington 

* * * * * 

Utah 

Survey Area 

Utah: 

Box Elder 

Davis 

Salt Lake 

Tooele 

Utah 

Weber 

Area of Application. Survey area plus: 

Utah: 

Beaver 

Cache 

Carbon 

Daggett 

Duchesne 

Emery 

Garfield 

Grand 

Iron 

Juab 

Millard 

Morgan 

Piute 

Rich 

San Juan (Only includes the Canyonlands 

National Park portion.) 

Sanpete 

Sevier 

Summit 

Uintah 

Wasatch 

Washington 

Wayne 

Colorado: 

Mesa 

Moffat 

Idaho: 

Franklin 

* * * * * 

[FR Doc. E9–4921 Filed 3–6–09; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF AGRICULTURE 

7 CFR Part 980 

[Doc. No. AMS FV–08–0097; FV09–980–1 

PR] 

Vegetables, Import Regulations; Partial 

Exemption to the Minimum Grade 

Requirements for Fresh Tomatoes 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This rule invites comments 

on a proposed partial exemption to the 

minimum grade requirements under the 

tomato import regulation. The Florida 

Tomato Committee (Committee) which 

locally administers the marketing order 

for tomatoes grown in Florida (order) 

recommended the change for Florida 

tomatoes. The change in the import 

regulation is required under section 8e 

of the Agricultural Marketing 

Agreement Act of 1937. A separate rule 

amending the rules and regulations 

under the order to exempt Vintage 

Ripes TM tomatoes (Vintage Ripes TM) 

from the shape requirements associated 

with the U.S. No. 2 grade is being issued 

by the Department of Agriculture 

(USDA). This rule would provide the 

same partial exemption under the 

import regulation so it would conform 

to the regulations under the order. 

DATES: Comments must be received by 

May 8, 2009. 

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 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: 

Doris Jamieson, Marketing Specialist, or 

Christian Nissen, Regional Manager, 

Southeast Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA; Telephone: (863) 324– 

3375, Fax: (863) 325–8793; or E-mail: 

Doris.Jamieson@usda.gov or 

Christian.Nissen@usda.gov. 

Small businesses may request 

information on complying with this 

regulation 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@usda.gov. 

SUPPLEMENTARY INFORMATION: This 

proposed rule is issued under section 8e 

of the Agricultural Marketing 

Agreement Act of 1937, as amended (7 

U.S.C. 601–674), hereinafter referred to 

as the ‘‘Act,’’ which provides that 

whenever certain specified 

commodities, including tomatoes, 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 

commodity. 

USDA is issuing this rule in 

conformance with Executive Order 

12866. 

This proposal has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule is not intended 

to have retroactive effect. This proposal 

will not preempt any State or local laws, 

regulations, or policies, unless they 


sroberts on PROD1PC70 with PROPOSALS
9970 Federal Register / Vol. 74, No. 44 / Monday, March 9, 2009 / Proposed Rules 

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. 

This proposal invites comments on a 

proposed partial exemption to the 

minimum grade requirements for 

Vintage RipesTM imported into the 

United States. Absent an exemption, the 

import requirements specify that 

tomatoes must meet at least a U.S. No. 

2 grade before they can be shipped and 

sold into the fresh market. An interim 

final rule amending the rules and 

regulations under the order exempting 

Vintage RipesTM from the shape 

requirements associated with the U.S. 

No. 2 grade was issued separately by 

USDA (73 FR 76191, December 16, 

2008). This rule would provide the same 

partial exemption under the import 

regulation so it would conform to the 

regulations under the order. 

Section 966.52 of the order provides 

the authority to establish grade 

requirements for Florida tomatoes. 

Section 966.323 of the order specifies, 

in part, the minimum grade 

requirements for tomatoes grown in 

Florida. Section 980.212 specifies the 

corresponding import requirements. 

Form and shape represent part of the 

elements of grade. The current 

minimum grade requirement for Florida 

tomatoes and for imported tomatoes is 

a U.S. No. 2. The specifics of this grade 

requirement are listed under the U.S. 

Standards for Grades of Fresh Tomatoes 

(7 CFR 51.1855–51.1877). 

The U.S. Standards for Grades of 

Fresh Tomatoes (Standards) specify the 

criteria tomatoes must meet to grade a 

U.S. No. 2, including that they must be 

reasonably well formed, and not more 

than slightly rough. These two elements 

relate specifically to the shape of the 

tomato. The definitions section of the 

Standards defines reasonably well 

formed as not decidedly kidney shaped, 

lopsided, elongated, angular, or 

otherwise decidedly deformed. The 

term slightly rough means that the 

tomato is not decidedly ridged or 

grooved. This rule would amend 

§ 980.212 to exempt Vintage RipesTM

from these shape requirements as 

specified under the grade for a U.S. No. 

2. 

Vintage RipesTM are a trademarked 

tomato variety bred to look and taste 

like an heirloom-type tomato. One of the 

characteristics of this variety is its 

appearance. Vintage RipesTM are often 

shaped differently from other round 

tomatoes. Depending on the time of year 

and the weather, Vintage RipesTM are 

concave on the stem end with deep, 

ridged shoulders. They can also be very 

misshapen, appearing kidney shaped 

and lopsided. Because of this variance 

in shape and appearance, Vintage 

RipesTM have difficulty meeting the 

shape requirements of the U.S. No. 2 

grade. 

In addition, the cost of production 

and handling for these tomatoes tends to 

be higher when compared to standard 

commercial varieties. The shoulders on 

Vintage RipesTM are easily damaged, 

requiring additional care during picking 

and handling. These tomatoes are also 

more susceptible to disease. 

Consequently, Vintage RipesTM require 

greater care in production to keep 

injuries and blemishes to a minimum. 

Still, when compared to standard 

commercial varieties, even with taking 

special precaution, larger quantities of 

these tomatoes are left in the field or 

need to be eliminated in the 

packinghouse to ensure a quality 

product. Losses can approach 50 

percent or higher for Vintage RipesTM. 

With the higher production costs and 

the reduced packout, these tomatoes 

tend to sell at a higher price point than 

standard round tomatoes. 

Heirloom-type tomatoes have been 

gaining favor with consumers. Vintage 

RipesTM were bred specifically to 

address this demand. However, with its 

difficulty in meeting established shape 

requirements, and its increased cost of 

production, producing these tomatoes 

for market may not be financially viable 

without an exemption. In order to make 

more of these specialty tomatoes 

available for consumers, the Committee 

agreed to a change which would provide 

an exemption for Vintage RipesTM from 

the shape requirements of the U.S. No. 

2 grade. This exemption is the same as 

previously provided for a similar type 

tomato (72 FR 1919, January 17, 2007). 

This rule would only provide 

imported Vintage RipesTM with a partial 

exemption from the grade requirements 

under the import regulation. 

Consequently, Vintage RipesTM would 

only be exempt from the shape 

requirements of the grade and would 

still be required to meet all other aspects 

of the U.S. No. 2 grade. Vintage RipesTM

would also continue to be required to 

meet all other requirements under the 

import regulation, such as size and 

inspection. 

Prior to the 1998–99 season, the 

Committee recommended that the 

minimum grade be increased from a 

U.S. No. 3 to a U.S. No. 2. A conforming 

change was also made to the import 

regulation. Committee members agree 

that increasing the grade requirement 

has been very beneficial to the industry 

and in the marketing of tomatoes. It is 

important to the Committee that these 

benefits be maintained. There was some 

industry concern that providing a 

partial exemption for shape for an 

heirloom-type tomato could result in the 

shipment of U.S. No. 3 grade tomatoes 

of standard commercial varieties, 

contrary to the objectives of the 

exemption and the order. 

To ensure this exemption would not 

result in the shipment of U.S. No. 3 

grade tomatoes of other varieties, this 

exemption only applies to Vintage 

RipesTM covered under the Agricultural 

Marketing Service’s Identity 

Preservation (IP) program. The IP 

program was developed by the 

Agricultural Marketing Service to assist 

companies in marketing products 

having unique traits. The program 

provides independent, third-party 

verification of the segregation of a 

company’s unique product at every 

stage, from seed, production and 

processing, to distribution. This 

exemption would be contingent upon 

the Vintage RipesTM maintaining 

positive program status under the IP 

program and continuing to meet 

program requirements. As such, this 

should help ensure that only Vintage 

RipesTM would be shipped under this 

exemption. 

Section 8e of the Act provides that 

when certain domestically produced 

commodities, including tomatoes, are 

regulated under a Federal marketing 

order, imports of that commodity must 

meet the same or comparable grade, 

size, quality, and maturity requirements. 

An interim final rule amending the rules 

and regulations under the order 

exempting Vintage RipesTM from the 

shape requirements associated with the 

U.S. No. 2 grade was issued separately 

by USDA (73 FR 76191, December 16, 

2008). This rule would amend § 980.212 

of the import requirements to bring the 

tomato import regulation into 

conformity with the changes to the 

order. 

Initial 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 

proposed rule on small entities. 

Accordingly, AMS has prepared this 

initial 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 the rules issued thereunder, are 


sroberts on PROD1PC70 with PROPOSALS
Federal Register / Vol. 74, No. 44 / Monday, March 9, 2009 / Proposed Rules 9971 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

behalf. Import regulations issued under 

the Act are based on those established 

under Federal marketing orders. 

There are approximately 200 

importers of tomatoes subject to the 

regulation. Small agricultural service 

firms, which include tomato importers, 

are defined by the Small Business 

Administration (SBA) as those having 

annual receipts of less than $7,000,000 

(13 CFR 121.201). Based on information 

from the Foreign Agricultural Service, 

USDA, the dollar value of imported 

fresh tomatoes ranged from around 

$1.07 billion in 2005 to $1.22 billion in 

2007. Using these numbers, the majority 

of tomatoes importers may be classified 

as small entities. 

Mexico, Canada, and the Netherlands 

are the major tomato producing 

countries exporting tomatoes to the 

United States. In 2007, shipments of 

tomatoes imported into the United 

States totaled 1.7 million metric tons. 

Mexico accounted for 949,695 metric 

tons, 111,697 metric tons were imported 

from Canada, and 5,147 metric tons 

arrived from the Netherlands. 

This proposed rule would provide a 

partial exemption to the minimum grade 

requirements for Vintage Ripes(tm) 

imported into the United States. Absent 

an exemption, the import requirements 

for tomatoes specify that tomatoes must 

meet at least a U.S. No. 2 grade before 

they can be shipped and sold into the 

fresh market. An interim final rule 

amending the rules and regulations 

under the order to exempt Vintage 

RipesTM from the shape requirements 

associated with the U.S. No. 2 grade was 

issued separately by USDA (73 FR 

76191, December 16, 2008). Under 

section 8e of the Act, imports of 

tomatoes have to meet the same grade, 

size, quality, and maturity requirements 

as under the order. This rule would 

provide the same partial exemption 

under the import regulation so it 

conforms to the changes under the 

order. 

This action would represent a small 

increase in costs for producers and 

handlers of Vintage RipesTM primarily 

from costs associated with developing 

and maintaining an IP program. 

However, this rule would make 

additional volumes of Vintage RipesTM

available for shipment. This would 

result in increased sales of Vintage 

Ripes TM. Consequently, the benefits of 

this action would more than offset the 

associated costs. 

This rule would not impose any 

additional reporting or recordkeeping 

requirements beyond the IP program on 

either small or large tomatoes 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. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

Additionally, except for applicable 

domestic regulations, USDA has not 

identified any relevant Federal rules 

that duplicate, overlap or conflict with 

this proposed rule. Finally, interested 

persons are invited to submit comments 

on this proposed rule, including the 

regulatory and informational impacts of 

this action on small businesses. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

AMSv1.o/ams.fetchTemplateData.do

?template=TemplateN&page=Marketing

OrdersSmallBusinessGuide. Any 

questions about the compliance guide 

should be sent to Jay Guerber at the 

previously mentioned address in the 

FOR FURTHER INFORMATION CONTACT

section. 

In accordance with section 8e of the 

Act, the United States Trade 

Representative has concurred with the 

issuance of this proposed rule. 

This proposed rule invites comments 

on a partial exemption to the minimum 

grade requirements for imported 

tomatoes. A 60-day comment period is 

provided to allow interested persons to 

respond to this rule. All written 

comments timely received will be 

considered before a final determination 

is made on this matter. 

List of Subjects in 7 CFR Part 980 

Food grades and standards, Imports, 

Marketing agreements, Onions, Potatoes, 

Tomatoes. 

For the reasons set forth in the 

preamble, 7 CFR part 980 is proposed to 

beamended as follows: 

PART 980—VEGETABLES; IMPORT 

REGULATIONS 

1. The authority citation for 7 CFR 

part 980 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

2. In § 980.212, paragraph (b)(1) all 

references to ‘‘UglyRipe TM’’ are revised 

to read ‘‘UglyRipe TM and Vintage 

Ripes TM’’. 

Dated: March 3, 2009. 

Robert C. Keeney, 

Acting Associate Administrator. 

[FR Doc. E9–4849 Filed 3–6–09; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0168; Directorate 

Identifier 2007–SW–33–AD] 

RIN 2120–AA64 

Airworthiness Directives; Agusta 

S.p.A. Model AB139 and AW139 

Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for Agusta 

S.p.A. (Agusta) Model AB139 and 

AW139 helicopters. This proposed AD 

results from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The aviation authority of Italy, 

with which we have a bilateral 

agreement, states in the MCAI that 

during the installation of a fire 

extinguisher bottle on a new helicopter, 

it was found that the electrical 

receptacle/connectors on the bottle 

which commands the firing of the 

extinguishing agent were swapped 

between engines No. 1 and No. 2. This 

condition could affect helicopters 

already in service and fire extinguisher 

bottles of the same part number in stock 

as spare parts. If not corrected, an 

improperly wired fire extinguishing 

bottle might cause the extinguishing 

agent to be discharged toward the 

unselected engine when the system is 

activated, rather than toward the engine 

with the fire. The proposed AD would 

require determining if each engine has 

the proper outlet end on the electrical 

receptacle/connector that attaches the 

firing cartridge to the fire extinguisher 

bottle, and if not, replacing the fire 

extinguisher bottle. The proposed AD is 

intended to prevent the fire 

extinguishing agent from not 

discharging toward the engine with the 

fire, which could result in loss of the 

helicopter due to an engine fire. 

DATES: We must receive comments on 

this proposed AD by April 8, 2009. 


sroberts on PROD1PC70 with PROPOSALS