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

10185 

Vol. 73, No. 38 

Tuesday, February 26, 2008 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 51 

[Docket # AMS–FV–07–0140] 

United States Standards for Grades of 

Table Grapes (European or Vinifera 

Type) 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

revise the United States Standards for 

Grades of Table Grapes (European or 

Vinifera Type). These standards are 

issued under the Agricultural Marketing 

Act of 1946. The changes being 

proposed are based on the request of the 

California Grape and Tree Fruit League 

(CGTFL) to revise the tolerances to 

include an allowance for shattered 

berries due to the change of pack style 

from mostly plain pack to consumer size 

units. The Agricultural Marketing 

Service (AMS) of the Department of 

Agriculture (USDA), is proposing a 

revision to the voluntary standards to 

add a 5 percent allowance for shattered 

berries in consumer containers for 

shipment that are en route or at 

destination. The standards provide 

industry with a common language and 

a uniform basis for trading, thus 

promoting the orderly and efficient 

marketing of European or Vinifera Type 

table grapes. 

DATES: Comments must be received by 

March 27, 2008. 

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 Table Grapes (European or 

Vinifera Type) are available 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 

and makes copies of official standards 

available upon request. 

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. 

Regulatory Flexibility Act and 

Paperwork Reduction Act 

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. Comments also are 

specifically requested on the number 

and size of producers and handlers of 

table grapes in the United States. 

This rule will revise the U.S. 

Standards for Grades of Table Grapes 

(European or Vinifera Type) 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. 

According to the National Agricultural 

Statistics Service (NASS) report of the 

2002 Census of Agriculture, there are 

23,856 grape farms in the United States. 

Using additional data from the 

Noncitrus Fruits and Nuts 2005 

Summary, total fresh utilization of 

grapes was 995,370 tons. Furthermore, 

the price per ton for grapes in 2005 was 

$570.00 and the value of grapes utilized 

as fresh products was $567,523,000. 

Based on the number of farms (23,856), 

the average producer revenue from the 

sale of fresh grapes is estimated at 

approximately $23,789 per year. 

Therefore, the majority of fresh grape 

producers may be classified as small 

entities. 

The number of table grape handlers in 

the United States is not known. There 

are approximately twenty handlers 

regulated under the Marketing Order 

925 (7 CFR part 925). Last year, fourteen 

of the twenty handlers subject to 

regulation had annual grape sales of less 

than $6,500,000. Accordingly, we 

estimate that the majority of Table grape 

handlers in the United States are small 

entities. We welcome information that 

the public may offer as to the number 

and size of handlers in the United 

States. 

The effects of this rule are not 

expected to be disproportionately 

greater or smaller for small handlers or 

producers than for larger entities. 

The use of grading services and 

grading standards is voluntary unless 

required by a specific Act, Federal 

Marketing Order or Agreement, or other 

regulations governing domestic, import 

or export shipments. 

USDA has not identified any Federal 

rules that duplicate, overlap, or conflict 


jlentini on PROD1PC65 with PROPOSALS
10186 Federal Register / Vol. 73, No. 38 / Tuesday, February 26, 2008 / Proposed Rules 

with this rule. Although there is a 

marketing order program which 

regulates the handling of European or 

Vinifera type table grapes under the 

order, the revision being proposed in 

this action only affects shattered berries 

in consumer size containers en route or 

at destination. As such, the proposed 

action would not effect table grapes 

under Marketing Order or under Section 

8e of the Agricultural Marketing 

Agreement Act of 1937. 

After considering the request of the 

CGTFL, AMS is proposing to revise the 

standard by adding a 5 percent 

allowance for shattered berries in 

shipments that are en route or at 

destination. This revision will make the 

standards more consistent and uniform 

with marketing trends and commodity 

characteristics. This proposed action 

will not impose any additional reporting 

or record keeping requirements on 

either small or large grape producers or 

handlers. 

Background 

In November of 2005, AMS received 

two petitions requesting a revision to 

the United States Standards for Grades 

of Table Grapes (European or Vinifera 

Type). These petitions were received 

from the CGTFL on November 9, 2005 

and Western Growers on November 23, 

2005. These two trade associations 

represent more than 85 percent of the 

European or Vinifera type table grape 

production in the United States. They 

requested an additional 10 percent 

allowance for shattered berries en route 

or at destination for grapes in consumer 

containers. The petitioners stated that 

they feel change, specific to consumer 

containers, is warranted as the majority 

of table grapes are now being sold in 

consumer containers which allows 

shattered berries to be fully utilized/ 

sold. 

On January 24, 2006, AMS published 

in the Federal Register (71 FR 3818) an 

Advanced Notice of Proposed 

Rulemaking (ANPR) soliciting 

comments on the proposed revision to 

the United States Standards for Grades 

of Table Grapes (European or Vinifera 

Type), which included a 10 percent 

allowance for shattered berries en route 

or at destination only in consumer 

units; the comment period ended on 

March 27, 2006. AMS received fourteen 

comments in response to this notice. 

Twelve comments supported the 

proposal; one from a regional 

agriculture trade association, one from a 

table grape association, and ten from 

members of the table grape association. 

Each of these comments indicated that 

new improvements to consumer 

packaging resulted in less shrinkage and 

a more sellable product to consumers, 

and with this improvement, a revision 

of how shatter is scored was needed. 

One comment opposing the proposal 

was received from a national trade 

association representing wholesale 

produce receivers. The receivers’

association stated that an additional 

allowance for shattered berries would be 

unfairly damaging to receivers and 

consumers. 

Finally, one comment was received 

from a trade association of shippers of 

table grapes from the State of Sonora, 

Mexico. The shippers’ association 

supported the idea of revisiting the 

standards for table grapes, however, it 

wanted to investigate the potential 

effects of an added ten percent 

allowance during the upcoming season 

before supporting this revision. The 

association indicated that the 10 percent 

allowance seemed high. 

As a result of the comments received 

from the ANPR, AMS published in the 

Federal Register (71 FR 55367) a 

proposed rule on September 22, 2006. 

Taking into account the comments 

received, AMS believed that it would be 

more beneficial to the overall industry 

to fully utilize shattered berries that are 

not otherwise defective, in consumer 

containers. The majority of table grapes 

are now sold in consumer containers. A 

60-day comment period was allowed for 

interested parties to comment on the 

proposed revision. The comment period 

ended on November 21, 2006. 

In response to the proposed rule, 

AMS received fourteen comments. 

Twelve comments supported the 

proposal. Two comments were from 

regional agricultural trade associations; 

one comment was from a national table 

grape association; and nine comments 

were from members of an agricultural 

trade association representing growers, 

packers, shippers and exporters of table 

grapes. These comments were almost 

identical to the majority of comments 

received from the ANPR regarding 

current packaging and marketing 

procedures. The comments indicated 

that because of changes in packaging 

and marketing practices, a revision of 

how shatter is scored was warranted. 

Two comments opposed the proposal. 

One comment was received from a 

national trade association representing 

wholesale produce receivers, and one 

from a grower and shipper of table 

grapes. The receivers’ association stated 

that they saw no reason to provide a 

special allowance for shattered berries 

in consumer containers. The comment 

stated that the proposed allowance 

would enable more lower-quality 

product to qualify for the U.S. No. 1 

grade. The comment also argued that the 

proposal actually allows 22 percent 

shatter at destination. The commentor 

also noted that the percentage would be 

higher if the Perishable Agricultural 

Commodities Act (PACA) Good Delivery 

tolerances were taken into account. 

PACA tolerances may be taken into 

account when AMS resolves contract 

disputes under the PACA. 

The comment received from the 

grower and shipper of table grapes 

opposing the revision stated that it was 

not appropriate to change the current 

grade standards and thereby downgrade 

the industry’s and consumers’

perception of table grapes in general. 

The comment also proposed a new 

grade, ‘‘U.S. No. 1 High Shatter’’ as an 

alternative. However, the original 

proposal was for an additional 

allowance for en route or destination 

inspections only. Developing a new 

grade would have resulted in that grade 

needing to be applied at shipping point 

in order for it to be applied en route or 

at destination. Therefore, developing an 

additional grade was and is not being 

considered at this time. 

One request for a reopening of the 

comment period was received from a 

receiver/wholesaler after the comment 

period ended. At that time, AMS 

believed that reopening the comment 

period would not facilitate resolution 

and would only prolong the then 

current state of uncertainty, with regard 

to whether a 10 percent allowance for 

shattered berries would be allowed. 

However, due to the lack of industry 

consensus concerning the proposed 

rule, AMS published in the Federal 

Register (72 FR 35668) a notice to 

withdraw the proposed rule on June 29, 

2007. AMS subsequently met with 

CGTFL and several of its members. 

CGTFL stated its continued interest in 

an additional allowance of 10 percent 

for shattered berries en route or at 

destination for grapes in consumer 

containers because the majority of table 

grapes are now sold in these, which 

allows shattered berries to be utilized. 

AMS also met with the North 

American Perishable Agricultural 

Receivers (NAPAR), several of its 

members and other wholesale produce 

receivers. Generally, the receivers stated 

their opposition to an additional 

allowance for shattered berries based on 

their belief that such an allowance 

would be detrimental to the grape 

industry and consumers. 

On October 5, 2007, AMS received a 

second petition from the CGTFL 

requesting a revision to the United 

States Standards for Grades of Table 

Grapes (European or Vinifera Type). Its 

petition revision repeated the original 

request for an additional 10 percent 


jlentini on PROD1PC65 with PROPOSALS
Federal Register / Vol. 73, No. 38 / Tuesday, February 26, 2008 / Proposed Rules 10187 

allowance for shattered grapes en route 

or at destination for grapes in consumer 

containers. 

The requested change of the 

petitioners for a 10 percent allowance 

for shattered berries in addition to the 

12% tolerance for total defects could 

potentially allow for 22 percent defects 

in a lot and still grade U.S. No. 1 Table. 

We believe that such a possible 

percentage is too high and would not 

appropriately reflect what is expected 

by industry and consumers in a U.S. No. 

1 Table grade. Accordingly, AMS is not 

proposing this requested 10 percent 

allowance because AMS believes it 

would weaken the standard and reduce 

consumer confidence in the grade. 

However, AMS recognizes that a change 

in packaging and marketing has 

occurred in the Table Grape (European 

or Vinifera Type) industry. 

Additionally, AMS believes that due to 

improvements in packaging, marketing, 

and shipping that a revision to the 

current U.S. Standards would be 

beneficial to both the industry and 

consumers. 

Therefore, AMS is proposing a 5 

percent allowance for shattered grapes 

be added to the United States Standards 

for Grades of Table Grapes (European or 

Vinifera Type). The proposed allowance 

is specific to table grapes en route or at 

destination in consumer sized packages. 

The standards currently provide in 

section 51.886, Table II Tolerances En 

Route or at Destination, a 12 percent 

total tolerance for bunches and berries 

failing to meet the requirements of grade 

for en route or at destination. Revising 

section 51.886, Table II, by adding a 5 

percent allowance for shattered berries 

would mean that shattered berries 

would not be scored as a defect against 

the 12 percent total tolerance until the 

amount of shattered berries exceeds the 

5 percent allowance. For example, if a 

lot has 17 percent shattered berries, 12 

percent would be reported as a defect 

and the lot would meet the 

requirements of the U.S. No. 1 Table 

grade provided no other defects were 

present; however, if a lot of berries has 

18 percent shattered berries 13 percent 

would be reported as a defect, which 

would cause the lot to fail to meet the 

requirements of the U.S. No. 1 Table 

grade by one percentage point. 

To enable utilization of this revision 

in the 2008 season, this action provides 

a 30-day comment period for interested 

parties to comment on the proposed 

revision. Also, AMS is particularly 

interested in comments and factual data 

that would demonstrate that this 

proposed revision would either 

positively or negatively impact 

financially interested parties. 

Specifically, data that shows expected 

financial losses due to adjustments 

made by shippers or conversely, 

expected additional expenses that 

would be incurred by receivers due to 

shattered berries in amounts of five 

percent or greater. 

Accordingly, AMS proposes to amend 

the United States Standards for Grades 

of Table Grapes (European or Vinifera 

Type) as follows: 

List of Subjects in 7 CFR Part 51 

Agricultural commodities, Food 

grades and standards, Fruits, Nuts, 

Reporting and record keeping 

requirements, Trees, Vegetables. 

For reasons set forth in the preamble, 

7 CFR part 51 is proposed to be 

amended as follows: 

PART 51—[AMENDED] 

1. The authority citation for Part 51 

continues to read as follows: 

Authority: 7 U.S.C. 1621—1627. 

2. In (51.886, paragraph (b), Table II 

is revised to read as follows: 

Subpart—United States Standards for 

Grades of Table Grapes (European or 

Vinifera Type) 

§ 51.886 Tolerances. 

* * * * * 

(A) For bunches failing to meet color requirements .................................................................... 10 10 10 

(B) For bunches failing to meet requirements for minimum diameter of berries ........................ 10 10 10 

(C) For bunches failing to meet stem color requirements .......................................................... 10 ........................ ........................

(D) For offsize bunches and for bunches and berries failing to meet the remaining requirements for the grade .................................................................................................................. 12 12 12 

(a) For shattered berries in consumer size packages an allowance of 5 percent is provided. Any percent of shattered berries exceeding the allowance of 5 percent shall be 

scored as berries failing to meet the requirements of the grade.

Including in (D): 

(b) For permanent defects .................................................................................................... 8 8 8 

(c) For serious damage ........................................................................................................ 4 4 4 

And, including in (c): 

(i) For serious damage by permanent defects ..................................................................... 2 2 2 

(ii) For decay ........................................................................................................................ 1 1 1 

* * * * * 

Dated: February 19, 2008. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 08–848 Filed 2–21–08; 12:25 pm] 

BILLING CODE 3410–02–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 60, 63, 73, and 74 

RIN 3150–AI06 

Geologic Repository Operations Area 

Security and Material Control and 

Accounting Requirements; Extension 

of Comment Period 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Proposed rule: Extension of 

comment period. 

SUMMARY: On December 20, 2007 (72 FR 

72522), the Nuclear Regulatory 

Commission (NRC) published for public 

comment a proposed rule on Geologic 

Repository Operations Area Security 

and Material Control and Accounting 

Requirements. The public comment 

period for this proposed rule was to 

have expired on March 4, 2008. The 

Nuclear Energy Institute (NEI) has 

requested an extension to May 5, 2008. 

Due to the complex nature of the 

proposed rule, the NRC has decided to 

extend the comment period until May 5, 

2008. In a letter dated January 22, 2008, 

NEI requested the additional time to 

fully capture the relevant industry 

experience with the type of post 

September 11, 2001 security 


jlentini on PROD1PC65 with PROPOSALS