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.

Proposed Rules Federal Register

60588 

Vol. 72, No. 206 

Thursday, October 25, 2007 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Parts 925 and 944 

[Docket No. AMS–FV–06–0184; FV03–925– 

1 PR] 

Grapes Grown in a Designated Area of 

Southeastern California and Imported 

Table Grapes; Change in Regulatory 

Periods 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Reopening of comment period. 

SUMMARY: Notice is hereby given that 

the comment period on proposed 

changes to the regulatory period when 

minimum grade, size, quality, and 

maturity requirements apply to 

southeastern California grapes under 

Marketing Order No. 925 (order) and to 

imported grapes under the table grape 

import regulation is reopened. The 

original proposed rule regarding this 

matter was published in the Federal 

Register on May 25, 2005 (70 FR 30001), 

and cited statistical information through 

the 2004 shipping season. The 

Agricultural Marketing Service (AMS) is 

now considering updated statistical 

information for the 2005 through 2007 

shipping seasons. AMS hereby invites 

comments on the updated statistical 

information contained herein, as it 

pertains to the proposed rule to change 

the regulatory period. 

DATES: Comments must be received by 

November 26, 2007. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this proposal. Comments 

should 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 docket 

number and the date and page number 

of this issue and the May 25, 2005, 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. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Garcia, Marketing Specialist, or 

Kurt Kimmel, Regional Manager, 

California Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 2202 Monterey Street, 

Suite 102B, Fresno, California 93721; 

Telephone: (559) 487–5901; Fax: (559) 

487–5906, or E-mail: 

Jennifer.Garcia@usda.gov or 

Kurt.Kimmel@usda.gov. 

Small businesses may request 

information 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: A 

proposed rule was issued on May 20, 

2005, and published in the Federal 

Register on May 25, 2005 (70 FR 30001) 

that would change the regulatory 

periods when the minimum grade, size, 

quality, and maturity requirements 

apply to southeastern California grapes 

under the order and to imported grapes 

under the table grape import regulation. 

Three notices of extension to the 

comment period were published in the 

Federal Register on July 25, 2005 (70 FR 

42513), September 27, 2005 (70 FR 

56378), and July 11, 2006 (71 FR 39019). 

Section 8e of the Agricultural 

Marketing Agreement Act of 1937, as 

amended (AMAA), delineates the 

requirements whereby the Secretary of 

Agriculture may extend the regulatory 

period during which marketing order 

regulations are in effect for imports. 

Those requirements have also been 

included by reference in the proposed 

rule. One specific requirement is that 

the Secretary consider ‘‘To what extent, 

during the previous year, imports of a 

commodity that did not meet the 

requirements of a marketing order 

applicable to such commodity were 

marketed in the United States during 

the period that such marketing order 

requirements were in effect for available 

domestic commodities (or would have 

been marketed during such time if not 

for any additional period established by 

the Secretary).’’ That requirement 

cannot be fulfilled, given the current 

timeline in this rulemaking process, 

without the introduction of evidence 

from ‘‘the previous year’’. 

The proposed rule was published 

using statistical data up through and 

including the year 2004, which was the 

most current data available at the time. 

This rule, in addition to reopening the 

comment period, provides updated 

statistical information that fulfills the 

requirements for the proposed action as 

required in the Act. 

The type and sources of the statistical 

information contained herein are 

intended to mirror the statistical 

evidence cited in the proposed rule. 

USDA believes that the updated 

statistical information for the years 2005 

through 2007 continue to support the 

arguments presented in the proposed 

rule. 

Imported Grape Statistics 

The proposed rule cited U.S. Census 

Bureau statistics for imported grape for 

the years 2000–2003. During that 

period, an average of 60 million 18- 

pound lugs of grapes were imported into 

the United States. Using updated data 

and compiling the average for the years 

2000–2006 (January through December), 

approximately 68 million 18-pound lugs 

of grapes were imported into the United 

States. The two main countries 

exporting to the United States were 

Chile, with average exports of 51 

million 18-pound lugs (76 percent of the 

total), and Mexico, with 14 million 18- 

pound lugs (21 percent of the total), The 

remaining three percent came from 

various countries. 

The proposed rule stated, based on 

2000–2004 statistics, that the greatest 

percentage of imported Chilean table 

grapes enter the United States through 

the Port of Philadelphia. This continues 

to be the case. Information from USDA’s 

Market News Service (Market News) for 

2000–2007 shows that the Port of 

Philadelphia received an average of 20 

million 18-pound lugs of imported 

Chilean grapes during the February 1 to 

April 19 period, with 30 percent (6 

million) of these 20 million 18-pound 

lugs arriving between April 1 and April 

19. Market News import statistics for the 

2007 shipping season show that 18.28 

million lugs of grapes were imported 

from Chile into Philadelphia from 

February 1 to April 19, with 25 percent 


pwalker on PROD1PC71 with PROPOSALS
Federal Register / Vol. 72, No. 206 / Thursday, October 25, 2007 / Proposed Rules 60589 

(4.55 million) arriving between April 1 

and April 19. After the April 20 start of 

the regulatory period shipments drop off 

by over 99 percent. 

The Market News reports also show 

that weekly shipments of Chilean grapes 

imported into Philadelphia in 2007 

mirror the pattern of previous years. An 

average of approximately 3 million 18- 

pound lugs of grapes were imported 

each week of the season up to the April 

20 start of regulation. Following the 

April 20 start date of regulation, weekly 

shipments averaged 70,000 lugs, with 

shipments ceasing altogether after May 

31. 

Voluntary Inspection Data 

Statistics from the AMS, Fresh 

Products Branch regarding voluntary 

inspections of imported Chilean grapes 

were cited in the proposed rule to 

highlight the high failure rates of 

imported grape inspections on product 

imported from April 1 to April 19 

during the years 2000–2004. The trend 

of high failure rates on voluntary 

inspections continues in subsequent 

years. Voluntary inspections for the 

2005–2007 shipping seasons indicate 

that, on average, 82 percent of the 

voluntary inspections conducted on 

Chilean grapes imported into the Port of 

Philadelphia from April 1 to April 19 

failed, indicating that the product did 

not meet minimum U.S. quality 

standards. The voluntary inspections 

were conducted on an average of 32 

percent of the total grapes imported 

during that period, meaning that, on 

average, at least 26 percent (82 percent 

of the 32 percent inspected) of all 

imports failed to meet minimum quality 

standards during that time frame. With 

68 percent of the imports not subject to 

any inspection, the percentage of 

substandard grapes entering the U.S. 

could be much higher that the 26 

percent that is known to have been 

voluntarily subjected to inspection and 

subsequently failed. 

In 2007 specifically, 28 percent of 

imported grapes entering the country 

through the Port of Philadelphia were 

voluntarily inspected. The failure rate of 

those voluntary inspections was 81 

percent, which mimics the trend 

highlighted in the proposed rule for 

years 2000–2004. 

Wholesale Market Reports 

The proposed rule cited Market News 

reports to show that fair, ordinary, and 

poor condition imported table grapes 

were in the market during the month of 

May in the years 2000–2004 and in June 

of 2000, 2001 and 2004. A review of 

recent reports shows that, similar to 

previous years, fair, ordinary, and poor 

condition imported grapes were in the 

market in May of 2005–2007 as well. 

In addition, the proposed rule cited 

Market News reports to highlight 

specific incidences where poor quality 

imported Chilean grapes were present in 

the Philadelphia, Boston, St. Louis, New 

York, Chicago, and Detroit wholesale 

markets at dramatically reduced prices 

in May of 2002, 2003, and 2004. 

In 2007, lower quality imported 

Chilean grapes continued to be present 

in various U.S. wholesale markets. 

Market news reports for the 

Philadelphia, Boston, Chicago, New 

York, Baltimore, and Detroit wholesale 

markets for May of 2007 show that 

ordinary and poor quality Chilean 

grapes were present in the market and 

that they were available at dramatically 

reduced prices. Those grapes continue 

to be in direct competition with 

excellent/good quality domestically 

produced grapes subject to marketing 

order regulation at much higher prices. 

Specifically, Market News reports for 

the Philadelphia wholesale market from 

May 1 to May 23, 2007, show that 

imported poor condition Chilean 

Thompson Seedless grapes were present 

in the market for $1.00 to $3.00 a lug. 

Imported poor condition Chilean Red 

Seedless grapes were also in the market 

from may 15 to May 17, 2007 at $1.00 

to $4.00 a lug. Additionally, poor 

condition imported Chilean Black 

Seedless grapes were also selling for 

$1.00 a lug from May 21 to May 23, 

2007. Good quality Black Seedless 

grapes from the production area were 

sold in the same market from May 18 to 

May 25, 2007 at prices ranging from $38 

to $40 a lug. 

Market News reports for the Boston 

wholesale market show that poor 

quality imported Chilean Autumn 

Royal, Black Seedless, Princess, Red 

Globe, and Thompson Seedless were 

present at different dates through the 

month of May, 2007, at prices that 

ranged from $1.00 to $6.00. Good 

quality Black Seedless grapes from the 

production area were present at prices 

ranging from $38.00 to $40.00. 

The statistical information from the 

California Table Grape Commission 

Market Activity Reports could not be 

duplicated for 2007 at the time of this 

rulemaking action. 

USDA is reopening the comment 

period for an additional 30 days to 

allow interested persons to review and 

submit written comments on the 

updated statistical information 

contained in this rule as it pertains to 

the proposed rule. All written 

comments timely received will be 

considered before a final determination 

is made on this matter. Comments in 

reference to the proposed rule that have 

been received prior to this action will 

continue to be considered as well. 

Authority: 7 U.S.C. 601–674. 

Dated: October 18, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 07–5266 Filed 10–24–07; 8:45 am] 

BILLING CODE 3410–02–M 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

RIN 3150–AI23 

List of Approved Spent Fuel Storage 

Casks: HI-STORM 100 Revision 4 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Nuclear Regulatory 

Commission (NRC) is proposing to 

amend its spent fuel storage cask 

regulations by revising the Holtec 

International (Holtec) HI-STORM 100 

cask system listing within the ‘‘List of 

Approved Spent Fuel Storage Casks’’ to 

include Amendment No. 4 to Certificate 

of Compliance (CoC) Number 1014. 

Amendment No. 4 would modify the 

CoC by including changes to add sitespecific options to the CoC to permit use 

of a modified HI-STORM 100 cask 

system at the Indian Point Unit 1 (IP1) 

Independent Spent Fuel Storage 

Installation (ISFSI). These options 

include the shortening of the HI-STORM 

100S Version B, Multi-Purpose Canister 

(MPC)–32 and MPC–32F and the HITRAC 100D Canister to accommodate 

site-specific restrictions. Additional 

changes address the Technical 

Specification (TS) definition of 

transport operations and associated 

language in the safety analysis report 

(SAR); the soluble boron requirements 

for Array/Class 14x14E IP1 fuel; the 

helium gas backfill requirements for 

Array/Class 14x14E IP1 fuel; the 

addition of a fifth damaged fuel 

container design under the TS 

definition for damaged fuel container; 

addition of separate burnup, cooling 

time, and decay heat limits for Array/ 

Class 14x14 IP1 fuel for loading in an 

MPC–32 and MPC–32F; addition of 

antimony-beryllium secondary sources 

as approved contents; the loading of all 

IP1 fuel assemblies in damaged fuel 

containers; the preclusion of loading of 

IP1 fuel debris in the MPC–32 or MPC–

32F; the reduction of the maximum 

enrichment for Array/Class 14x14E IP1 


pwalker on PROD1PC71 with PROPOSALS