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

11918

Vol. 60, No. 42

Friday, March 3, 1995

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 51

[Docket Number FV–95–302]

Peaches; Grade Standards

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Proposed rule.

SUMMARY: This rule would revise the

United States Standards for Grades of

Peaches. The recommended revision

would bring the standards into

conformity with current cultural,

harvesting and marketing practices by

revising the method in which peaches

are sized. This would be accomplished

by changing the definition of

‘‘diameter’’ from the shortest distance to

the greatest distance. The Agricultural

Marketing Service (AMS), in

cooperation with industry, and other

interested parties develops and

improves standards of quality,

condition, quantity, grade, and

packaging in order to facilitate

commerce by providing buyers, sellers,

and quality assurance personnel

uniform language and criteria for

describing various levels of quality and

condition as valued in the marketplace.

DATES: Comments must be postmarked

or courier dated on or before May 2,

1995.

ADDRESSES: Interested parties are

invited to submit written comments

concerning this proposal. Comments

must be sent to the Standardization

Section, Fresh Products Branch, Fruit

and Vegetable Division, Agricultural

Marketing Service, U.S. Department of

Agriculture, P.O. Box 96456, Room 2056

South Building, Washington, DC 20090–

6456. FAX number (202) 720–8871.

Comments should make reference to the

date 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:

Frank O’Sullivan, at the above address

or call (202) 720–2185.

SUPPLEMENTARY INFORMATION: The U.S.

Department of Agriculture is issuing

this proposed rule in conformance with

Executive Order 12866.

Pursuant to the requirements set forth

in the Regulatory Flexibility Act (5

U.S.C. 601 et seq.), the Administrator of

the Agricultural Marketing Service

(AMS) has determined that this action

will not have a significant economic

impact on a substantial number of small

entities. This proposed rule for the

revision of U.S. Standards for Grades of

Peaches will not impose substantial

direct economic cost, recordkeeping, or

personnel workload changes on small

entities, and will not alter the market

share or competitive position of these

entities relative to large businesses. In

addition, under the Agricultural

Marketing Act of 1946, the use of these

standards is voluntary.

This proposed rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. This action is not

intended to have retroactive effect. This

proposed 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.

Agencies periodically review existing

regulations. An objective of the review

is to ensure that the grade standards are

serving their intended purpose, the

language is clear, and the standards are

consistent with AMS policy and

authority.

The United States Standards for

Grades of Peaches were last revised in

June 1952. The National Peach Council

(NPC), with the support of the Georgia

Peach Council, New Jersey Peach

Promotion Council, Inc., and the South

Carolina Peach Council and Promotion

Board, Inc., requested that the standards

be revised in order to bring them into

conformity with current cultural,

harvesting and marketing practices. The

NPC contends that due to new improved

varieties, that changes to the current

standards are necessary.

Specifically, the NPC requested that

the standards be revised in regard to the

method of sizing peaches. Peaches are

currently sized based on the shortest

diameter, which requires the use of a

caliper or slotted sizing ring. This

method was adopted several years ago

when most peaches were oblong and

heavily sutured. Industry research has

demonstrated that today’s varieties are

generally much more round and more

uniform in shape than older varieties.

The shape of peaches is similar to the

shape of nectarines. Nectarines are sized

by using the greatest diameter of the

nectarine, which allows fruit to be sized

using a sizing ring. Therefore, peaches

should be sized on the same basis as

nectarines (greatest dimension

measured at right angles to a line from

stem to blossom end of the fruit, using

a sizing ring) in order to create

uniformity in the marketplace.

The proposed revision would affect

peaches that are sized to a minimum

diameter, which are mostly grown on

the east coast and some in the Midwest.

This should not affect peaches grown on

the west coast as they are sized based on

the marketing order 917, consisting of a

weight-count system.

List of Subjects in 7 CFR Part 51

Agricultural commodities, Food

grades and standards, Fruits, Nuts,

Reporting and recordkeeping

requirements, Vegetables.

For reasons set forth in the preamble,

it is proposed that 7 CFR Part 51 be

amended as follows:

PART 51—[AMENDED]

1. The authority citation for 7 CFR

Part 51 continues to read as follows:

Authority: 7 U.S.C. 1622, 1624.

2. In Part 51, Subpart—United States

Standards for Peaches is revised to read

as follows:

Subpart—United States Standards for

Grades of Peaches

* * * * *

3. In § 51.1216, paragraph (c) is

revised to read as follows:

§ 51.1216 Size requirements.

* * * * *

(c) Diameter means the greatest

dimension measured at right angles to a

line from stem to blossom end of the

fruit.

* * * * *
Federal Register / Vol. 60, No. 42 / Friday, March 3, 1995 / Proposed Rules 11919

Dated: February 24, 1995.

Kenneth C. Clayton,

Acting Administrator.

[FR Doc. 95–5296 Filed 3–2–95; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 58

[DA–91–010B]

Grading and Inspection, General

Specifications for Approved Plants and

Standards for Grades of Dairy

Products; United States Standards for

Grades of Monterey (Monterey Jack)

Cheese

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Proposed rule.

SUMMARY: This document proposes to

revise the United States Standards for

Grades of Monterey (Monterey Jack)

Cheese. The proposed changes would

revise the standards to recognize

differences in cheese characteristics

resulting from technological changes in

manufacturing practices and to more

accurately describe consumeracceptable product. The proposal would

expand the permissible range of open

body characteristics to include

monterey (monterey jack) cheese

manufactured using automated

equipment. The proposal was initiated

at the request of the National Cheese

Institute (NCI) and was developed in

cooperation with NCI and other dairy

trade associations.

DATES: Comments should be filed by

May 2, 1995.

ADDRESSES: Comments should be sent

to: Director, Dairy Division, Agricultural

Marketing Service, U.S. Department of

Agriculture, Room 2968–S, P.O. Box

96456, Washington, DC 20090–6456.

They will be available for public

inspection at the Dairy Division in

Room 2750–S during regular business

hours.

FOR FURTHER INFORMATION CONTACT:

Roland S. Golden, Dairy Products

Marketing Specialist, Dairy

Standardization Branch, USDA/AMS/

Dairy Division, Room 2750–S, P.O. Box

96456, Washington, DC 20090–6456,

(202) 720–9383.

SUPPLEMENTARY INFORMATION: This

proposed rule has been reviewed under

Executive Order 12778, Civil Justice

Reform. This action is not intended to

have retroactive effect. This rule would

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 this rule.

The proposed rule also has been

reviewed in accordance with the

Regulatory Flexibility Act, 5 U.S.C. 601

et seq. The Administrator, Agricultural

Marketing Service, has determined that

the proposed rule, if promulgated,

would not have a significant economic

impact on a substantial number of small

entities because use of the standards is

voluntary and the revisions would not

increase costs to those utilizing the

standards.

The Department is issuing this rule in

conformance with Executive Order

12866.

To recognize differences in cheese

characteristics resulting from

technological changes in the

manufacture of monterey (monterey

jack) cheese and to permit the

assignment of U.S. grade to cheese

manufactured utilizing this technology,

USDA is proposing the following

changes in the U.S. Standards for

Grades of Monterey (Monterey Jack)

Cheese.

1. Expand Body and Texture Criteria To

Permit U.S. Grade Assignment to

Monterey (Monterey Jack) Cheese That

Contains Less Than Numerous

Mechanical Openings

The current U.S. Standards for Grades

of Monterey (Monterey Jack) Cheese

became effective in 1973. When these

standards were established, production

procedures encouraged the formation of

numerous small mechanical openings

evenly distributed throughout the

cheese. Since then, automated

manufacturing processes have been

developed which have altered

traditional body characteristics.

Monterey (Monterey jack) cheese that is

produced using automated production

technology has resulted in cheese that

no longer exhibits numerous

mechanical openings. Cheese produced

in this manner is readily available and

is capturing an increasing share of the

monterey cheese market. Changes in

body characteristics have not altered the

flavor or reduced the useability of the

cheese.

Changes in the standards would

provide for the assignment of U.S.

grades to monterey (monterey jack)

cheese that contains less than numerous

mechanical openings or that may be

completely devoid of mechanical

openings. These changes do not

disallow mechanical openings in cheese

produced using traditional production

methods.

2. Modify the Body Characteristics by

Allowing ‘‘Very Slight Weak’’ in U.S.

Grade AA Monterey (Monterey Jack)

Cheese

Compositional standards permit

monterey (monterey jack) cheese to

contain up to 44 percent moisture.

Cheese that contains this moisture

content is classified as a semisoft

cheese. A very slight weak body is an

acceptable characteristic in this class of

cheese. The proposal would add ‘‘very

slight weak’’ to the list of permissible

body characteristics for U.S. Grade AA

Monterey (Monterey Jack) Cheese.

3. Increase the Minimum Aging Period

Before Monterey (Monterey Jack)

Cheese Can Be Graded From 5 to 10

Days

In order to accurately evaluate cheese

quality, the cheese must have completed

an aging period during which quality

characteristics develop. With the

exception of the U.S. grade standards for

monterey (monterey jack) cheese, which

stipulate a minimum 5-day aging

period, all other U.S. grade standards for

various varieties of cheese require this

aging period to be at least 10 days.

Changes proposed herein would

increase the accuracy in determining

U.S. grade by allowing cheese quality

characteristics to develop to a greater

extent. Also, this change would provide

consistency with the age requirements

prescribed for other types of cheese.

4. Permit the Use of Safe and Suitable

Antimycotics on the Surface of

Monterey (Monterey Jack) Cheese, as

Sanctioned by the Food and Drug

Administration

The Food and Drug Administration

(FDA) has amended the Standards of

Identity for Monterey (Monterey Jack)

Cheese (21 CFR Part 133, Cheese and

Related Cheese Products,’’ as issued by

the Food and Drug Administration) to

permit the use of antimycotics on the

surface of the cheese. The National

Cheese Institute, a trade association

representing U.S. cheese manufacturers,

had petitioned FDA to permit the

broader use of safe and suitable

antimycotics. Previously, use was

permitted only on cuts and slices in

consumer-size packages for a number of

standardized cheeses.

Provision for the use of antimycotics

would be beneficial in preventing or

inhibiting mold development on the

surface of monterey (monterey jack)

cheese.

5. Redefine Packaging Requirements

Proposed changes in packaging

requirements would provide greater

clarity and expand the types of