62708 Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Rules and Regulations

§ 17.22 Recordkeeping and access to

records.

Suppliers and agents of the

participant or importer shall keep

accurate books, records and accounts

with respect to all contracts entered into

hereunder, including those pertaining to

ocean transportation-related services

and records of all payments by suppliers

to representatives of the importer or

participant, if CCC finances any part of

the ocean freight. Suppliers and agents

shall permit authorized representatives

of the U.S. Government to have access

to their premises during regular hours to

inspect, examine, audit and make copies

of such books, records and accounts.

Suppliers and agents shall retain such

records until the expiration of three

years after final payment under such

contracts.

§ 17.23 [Removed]

15. Section 17.23 is removed.

Signed at Washington, DC on August 22,

1995.

Christopher E. Goldthait,

General Sales Manager, Foreign Agricultural

Service; and Vice President, Commodity

Credit Corporation.

[FR Doc. 95–29527 Filed 12–6–95; 8:45 am]

BILLING CODE 3410–10–M

Agricultural Marketing Service

7 CFR Part 52

[FV–95–328]

United States Standards for Grades of

Frozen Okra

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This document amends the

existing U.S. standards for frozen okra

to remove references to trimmed pods.

This change will allow producers of

frozen okra the option to pack whole

and cut okra without trimming. Also, a

conforming change is made to language

in the standards removing the reference

to ‘‘apparent untrimmed pods.’’ This

change enables the frozen okra industry

to produce frozen okra more efficiently

and better meet market needs.

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,

P.O. Box 96456, Washington, D.C.

20090–4693. 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, P.O. Box

96456, Washington, D.C. 20090–6456,

Telephone (202) 720–4693.

SUPPLEMENTARY INFORMATION: This

interim final rule is issued under the

United States Standards for Grades of

Frozen Okra (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

(Department) is issuing this rule in

conformance with Executive Order

12866.

The Department 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 challange 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, P.L. 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 frozen okra standards. AFFI is a

trade association representing over 560

food industry companies that account

for over 90 percent of frozen food

production in the United States. The

frozen okra industry requested that

USDA revise the grade standards for

frozen okra so that producers of frozen

okra will have the option to pack whole

and cut okra without trimming and still

meet the requirements of the United

States Standards for Grades of Okra. The

U.S. grade standards are voluntary

standards. However, there is widespread

use of the standards for frozen okra in

contract requirements.

When the United States grade

standards were first issued, okra was cut

by hand. With the advent of mechanical

harvesting, the techniques of harvesting

have changed. Also processing

equipment, including electronic sorters,

has improved the quality such that the

frozen okra industry can control quality

more effectively without extensive

handling.

Moreover, AFFI stated in its petition

to revise the standards that since the

frozen okra standards were last revised

in 1969, new varieties have been

established which leave the stems

edible and tender when harvested with

pods of the desirable length for freezing.

AFFI noted that all other forms of whole

okra including fresh, pickled, etc., are

marketed untrimmed. AFFI also stated

that the cost associated with trimming

frozen whole okra was approximately

$.0625 per pound of okra. Based on

1994 United States production of

65,114,000 pounds of frozen okra sold,

trimming okra costs U.S. processors of

frozen okra approximately $4,069,625

each year. AFFI claimed that in the time

it takes to revise the frozen okra

standard through ordinary channels,

frozen okra processors could incur costs

of more than $8 million.

Based on all the information received,

USDA is changing the grade standards

by amending the product description in

§§ 52.1511 and 52.1512, Styles, in the

United States Standards for Grades of

Frozen Okra. Also, in § 52.1517(c)(5)(i),

‘‘apparent untrimmed pods’’ is removed

from the standards as a defect since it

no longer applies.

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 okra.

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 okra has already begun, the

standards are voluntary, and this

revision of the standards that permits

the industry to more efficiently meet

market needs, may reduce costs to the

consumers. This rule also provides a 30-

day comment period. The Department

will consider all comments received
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.