Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Rules and Regulations 62709

1May include the following: Honey; molasses,

except for stockfeed; nuts and nut products, except

oil; sugar (cane, beet, and maple); sirups (blended),

sirups, except from grain; tea, cocoa, coffee, spices,

condiments.

within the comment period prior to

finalizing this rule.

List of Subjects in 7 CFR Part 52

Food grades and standards, Food

labeling, Frozen foods, Fruit juices,

Fruits, Reporting and recordkeeping

requirements, Vegetables.

For the reasons set forth in the

preamble, 7 CFR Part 52 is amended as

follows:

PART 52—PROCESSED FRUITS AND

VEGETABLES, PROCESSED

PRODUCTS THEREOF, AND CERTAIN

OTHER PROCESSED FOOD

PRODUCTS1

Subpart—United States Standards for

Grades of Frozen Okra

1. The authority citation for Part 52

continues to read as follows:

Authority: 7 U.S.C. 1622–1624.

2. § 52.1511 is revised to read as

follows:

§ 52.1511 Product description.

Frozen okra is the product prepared

from clean, sound, succulent, and edible

fresh pods of the okra plant (Hibiscus

esculentus) of the green variety. The

product may or may not be trimmed, is

properly prepared and properly

processed, and is then frozen and stored

at temperatures necessary for

preservation.

§ 52.1512 [Amended]

3. In § 52.1512, paragraph (a)

immediately following the words

‘‘consists of trimmed’’ the words ‘‘, or

untrimmed’’ are added and in paragraph

(b) the words ‘‘, or untrimmed’’ are

added after the words ‘‘is trimmed’’.

§ 52.1517 [Amended]

4. § 52.1517 is amended by removing

paragraph (c)(5)(i) and redesignating

paragraphs (c)(5)(ii) through (c)(5)(vi) as

paragraphs (c)(5)(i) through (c)(5)(v),

respectively.

Dated: December 1, 1995.

Lon Hatamiya,

Administrator.

[FR Doc. 95–29790 Filed 12–06–95; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 52

[FV–95–329]

United States Standards for Grades of

Frozen Field Peas and Frozen BlackEye Peas

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This interim final rule

amends the existing U.S. grade

standards for Frozen Field Peas and

Frozen Black-Eye Peas and removes the

color attributes requirements for frozen

black-eye peas and frozen cream peas to

have ‘‘obvious green color’’. This change

allows producers of frozen field peas

and frozen black-eye peas the option to

pack black-eye peas and cream peas

without the requirement that these peas

have an ‘‘obvious green color’’. The

requirement for obvious green colored

peas has forced changes in current

harvesting practices and required that

food processors supplement their pack

with imported peas, of similar varieties,

in order to meet the ‘‘Grade A’’ color

requirement. Removing the requirement

for green color resolves this issue for the

industry since crops are harvested later

in the season under current harvesting

practices. This revision enables the

frozen food industry to produce frozen

black-eye peas and frozen field peas

more efficiently.

DATES: Effective December 7, 1995.

Comments received by January 8, 1996,

will be considered prior to issuance of

a final rule.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this interim final rule.

Comments must be sent in duplicate to

the Office of the Branch Chief,

Processed Products Branch, Fruit and

Vegetable Division, Agricultural

Marketing Service, U.S. Department of

Agriculture, Room 0709, South

Building, PO Box 96456, Washington,

DC 20090–6456. Comments should

reference 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 Branch

Chief during regular business hours.

FOR FURTHER INFORMATION CONTACT:

James R. Rodeheaver, Processed

Products Branch, Fruit and Vegetable

Division, Agricultural Marketing

Service, U.S. Department of Agriculture,

Room 0709, South Building, PO Box

96456, Washington, DC 20090–6456,

Telephone (202) 720–4693.

SUPPLEMENTARY INFORMATION: This

interim final rule is issued under the

United States Standards for Grades of

Frozen Field Peas and Frozen Black-Eye

Peas (7 CFR part 52) to improve grade

standards. The standards are effective

under the Agricultural Marketing Act of

1946 as amended (7 U.S.C. 1622, 1624),

hereinafter referred to as the Act.

The Department of Agriculture is

issuing this rule in conformance with

Executive Order 12866.

The Department of Agriculture is

issuing this rule in conformance with

Executive Order 12778, Civil Justice

Reform. This action is not intended to

have retroactive effect. This interim

final rule will not preempt any State or

local laws, regulations, or policies,

unless they present irreconcilable

conflict with this rule. There are no

administrative procedures which must

be exhausted prior to any judicial

challenge to the provisions of this rule.

The AMS Administrator has certified

that this action will not have a

significant economic impact on a

substantial number of small entities, as

defined in the Regulatory Flexibility

Act, Public Law 96–354 (5 U.S.C. 601 et

seq.), because it reflects current

marketing practices. In addition, these

standards are voluntary. A small entity

may avoid incurring any additional

economic impact by not employing the

standards.

The American Frozen Food Institute

(AFFI) has petitioned for emergency

relief from a requirement in the United

States grade standards for frozen field

peas and frozen black-eye peas. AFFI is

a trade association representing over

560 food industry companies that

accounts for over 90 percent of frozen

food production in the United States.

The frozen food industry requested

USDA revise the grade standards to

bring it in line with current harvesting

and marketing practices. This would

give economic relief to the frozen field

pea and black-eye pea industry.

The U.S. grade standards are

voluntary standards. However, there is

widespread use of the standards in

contracts.

When these grade standards were

promulgated in 1976, it included a

‘‘Grade A’’ color requirement for frozen

black-eye peas and cream peas that

approximately 14 percent of these type

peas have an obvious green color. This

requirement was applicable when hand

harvesting techniques forced growers to

harvest their crops earlier in the

growing season which allowed for a

high percentage of immature peas.

Today, modern mechanical harvesting

techniques allow growers to harvest

these types of peas with more mature

pods that are easily shelled.
62710 Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Rules and Regulations

1May include the following: Honey; molasses,

except for stockfeed; nuts and nut products, except

oil; sugar (cane, beet, and maple); sirups (blended),

sirups, except from grain; tea, cocoa, coffee, spices,

condiments.

The requirement for these types of

peas to have an obvious green color has

caused undue economic stress on the

industry. Frozen field pea and black-eye

pea processors must purchase imported,

hand-harvested peas and blend them

with domestic crops to meet the ‘‘Grade

A’’ color requirement. AFFI estimates

that 10 million pounds of imported peas

must be purchased by U.S. processors

per year at an approximate annual cost

of more than $2 million.

Based on all the information received,

USDA is amending Section 52.1669 in

the United States Standards for Grades

of Frozen Field Peas and Frozen BlackEye Peas by removing the color

attributes requirements for frozen blackeye peas and frozen cream peas from the

text and Table III of this section.

No additional costs are expected to

result from this action for producers and

benefits derived from this action may be

passed on to consumers.

This change is expected to facilitate

marketing of frozen field peas and

frozen black-eye peas.

Pursuant to 5 U.S.C. 553, it is found

and determined upon good cause that it

is impracticable, unnecessary, and

contrary to the public interest to give

preliminary notice prior to putting this

rule into effect and that good cause

exists for not postponing the effective

date of this rule upon publication in the

Federal Register because, the harvesting

season for field peas and black-eye peas

has already begun, the standards are

voluntary, and this revision of the

standards that permits the industry to

more efficiently meet market needs, also

reduces costs to the consumers. This

rule also provides a 30-day comment

period. The Department will consider

all comments received within the

comment period prior to finalizing this

rule.

List of Subjects in 7 CFR Part 52

Food grades and standards, Food

labeling, Frozen foods, Fruit juices,

Fruits, Reporting and record keeping

requirements, Vegetables.

For the reasons set forth in the

preamble, the U.S. Department of

Agriculture proposes to amend 7 CFR

part 52 to read as follows:

PART 52—PROCESSED FRUITS AND

VEGETABLES, PROCESSED

PRODUCTS THEREOF, AND CERTAIN

OTHER PROCESSED FOOD

PRODUCTS1

Subpart—United States Standards for

Grades of Frozen Black-eye Peas and

Frozen Field Peas

1. The authority citation for Part 52 is

revised to read as follows:

Authority: 7 U.S.C. 1622–1624.

2. In § 52.1669, paragraphs (a), (b),

and Table III in paragraph (c) are revised

to read as follows:

§ 52.1669 Classification of color and grade

compliance.

(a) General. The requirement for

‘‘color attributes’’ is applicable for

Grade A classification only. ‘‘Color

attributes’’ do not apply to units of

black-eye peas, cream peas, or units of

‘‘snaps’’ in the style of ‘‘frozen peas

with snaps.’’

(b) Color attributes. ‘‘Color attributes’’

are defined as follows:

(1) ‘‘Crowder peas.’’ Each unit with a

color that is characteristic of very young

peas.

(2) ‘‘Field peas’’ and ‘‘mixed types.’’

Each unit with a color that is

characteristic of very young peas.

(c) * * *

TABLE III.—COLOR ATTRIBUTES

Absolute limit (AL) Minimum number

permitted

Number of sample

units

73

119

Field

peas, and

mixed

types

Crowder

peas

1 ................................ 84 133

2 ................................ 175 276

3 ................................ 268 421

4 ................................ 362 566

5 ................................ 456 712

6 ................................ 551 859

7 ................................ 646 1006

8 ................................ 741 1153

9 ................................ 837 1148

10 .............................. 932 1596

11 .............................. 1028 1596

12 .............................. 1124 1744

13 .............................. 1220 1892

14 .............................. 1315 2040

15 .............................. 1411 2188

16 .............................. 1508 2336

17 .............................. 1604 2485

18 .............................. 1700 2633

19 .............................. 1796 2782

20 .............................. 1892 2930

TABLE III.—COLOR ATTRIBUTES—

Continued

Absolute limit (AL) Minimum number

permitted

Number of sample

units

73

119

Field

peas, and

mixed

types

Crowder

peas

21 .............................. 1989 3079

Acceptable quality

Level (AQL) 1 ......... 14.0 21.50

1Based on an average count of 1400 units

for ‘‘White Acre’’ peas and 700 units for all

other types per 10 ounce package.

Dated: December 1, 1995.

Lon Hatamiya,

Administrator.

[FR Doc. 95–29791 Filed 12–6–95; 8:45 am]

BILLING CODE 3410–02–P

Federal Crop Insurance Corporation

7 CFR Parts 401, 443, and 457

RIN 0563–AB43

General Crop Insurance Regulations,

Various Endorsements; Hybrid Seed

Crop Insurance Regulations; and

Common Crop Insurance Regulations,

Various Crop Insurance Provisions

AGENCY: Federal Crop Insurance

Corporation.

ACTION: Final rule.

SUMMARY: The Federal Crop Insurance

Corporation (‘‘FCIC’’) hereby amends

the General Crop Insurance Regulations,

Hybrid Sorghum Seed and Rice

Endorsements; the Hybrid Seed Crop

Insurance Regulations; and the Common

Crop Insurance Regulations, Small

Grains, Cotton, Extra Long Staple

Cotton, Sunflower Seed and Coarse

Grains Crop Insurance Provisions,

applicable beginning with the 1996 crop

year for spring planted crops with

contract change dates on or after the

effective date of this rule, by revising

prevented planting coverage. The

intended effect of this regulation is to

expand prevented planting benefits

available under the various policies

being amended.

DATES: The effective date of this rule is

November 30, 1995. The comment

period for information collections under

the Paperwork Reduction Act of 1995

continues through January 8, 1996.

ADDRESSES: For information collection

comments submission, see

SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: For

further information and a copy of the