Federal Register / Vol. 60, No. 44 / Tuesday, March 7, 1995 / Rules and Regulations 12401

the Regulatory Flexibility Act, full

consideration has been given to the

potential economic impact upon small

business. Most tobacco producers and

many tobacco warehouses are small

businesses as defined in the Regulatory

Flexibility Act. This action will not

substantially affect the normal

movement of the commodity in the

marketplace. The Administrator has

determined that this action will not

have a significant economic impact on

a substantial number of small entities.

For the reasons set forth in the

preamble, 7 CFR part 29, subpart D, is

amended as follows:

PART 29—[AMENDED]

Subpart D—Order of Designation of

Tobacco Markets.

1. The authority citation for 7 CFR

Part 29, Subpart D, continues to read as

follows:

Authority: Sec. 5, 49 Stat. 732, as amended

by sec. 157(a) (1), 95 Stat. 374 (7 U.S.C.

511d).

29.8001 [Amended]

2. In § 29.8001, the table is amended

by adding a new entry (kkk) to read as

follows:

Territory Types of tobacco Auction markets Order of designation Citation

* * * * * * *

(kkk) North Carolina ....................... flue-cured ....................... Fairmont-Fair Bluff ......... ........................................ April 6, 1995.

Dated: March 1, 1995.

Lon Hatamiya,

Administrator.

[FR Doc. 95–5537 Filed 3–6–95; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 56

[Docket No. PY–92–004]

RIN 0581–AA60

Voluntary Shell Egg Grading

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: The Agricultural Marketing

Service (AMS) is issuing amendments to

the voluntary shell egg grading

regulations and standards in response to

new technology and current practices in

the shell egg industry and to conform to

statutory requirements. The amended

regulations define washed ungraded

eggs and clarify the definition of a

quality assurance inspector; add age and

disability as types of prohibited

discrimination in providing grading

services; clarify the type of facilities and

equipment to be supplied to a grader

and the method by which cartons of

eggs are to be identified; update grading

room requirements to include

mechanized shell egg operations and to

require rinse water to be at least as

warm as wash water; harmonize the

standards for quality of individual shell

eggs for B quality in U.S. Nest-Run

grades with the U.S. Standards for

Quality of Individual Shell Eggs for B

quality; and delete wholesale shell egg

grades and weight classes.

EFFECTIVE DATE: April 6, 1995.

FOR FURTHER INFORMATION CONTACT:

Larry W. Robinson, Chief, Grading

Branch, 202–720–3271.

SUPPLEMENTARY INFORMATION:

The Department of Agriculture is

issuing this rule in conformance with

Executive Order 12866.

This rule has been reviewed under

Executive Order 12778, Civil Justice

Reform. It 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 AMS Administrator has

determined that this rule will not have

a significant economic impact on a

substantial number of small entities, as

defined by the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.), because the

revisions reflect current industry

production and marketing practices.

The information collection

requirements that appear in § 56.17(b)

and § 56.37 to be amended by the rule

have been previously approved by the

Office of Management and Budget and

assigned OMB Control No. 0581–0128,

under the Paperwork Reduction Act of

1980.

Background

Periodically the Poultry Division of

AMS reviews its existing regulations. As

a result of a review, it was determined

that several revisions were necessary to

make the shell egg standards and

regulations for grading shell eggs more

useful and efficient.

The grading of shell eggs by the AMS

is a voluntary program, provided under

the Agricultural Marketing Act of 1946,

as amended (7 U.S.C. 1621 et seq.), and

is offered on a fee-for-service basis. The

grading program is designed to assist

orderly marketing of shell eggs.

Therefore, the standards must keep

abreast of new technology and

advancements in production and

marketing practices.

Accordingly, AMS is amending the

voluntary shell egg grading regulations

to redefine ‘‘quality assurance

inspector’’ to exclude from this

designation a plant owner, manager,

foreman, or supervisor and to clarify

that the quality assurance inspector is

authorized to examine product.

The amendments also define the term

‘‘washed ungraded eggs’’ to mean shell

eggs which have been washed but not

subject to any grading or segregation for

quality.

The amendments update the

regulations to comply with current

statutory requirements regarding

providing grading services and licensing

graders without discrimination due to

age or disabilities.

The facilities and equipment which

the applicant furnishes the graders are

expanded to include other facilities and

equipment as may otherwise be

required.

The amendments revise the

regulations to comply with the Nutrition

Labeling and Education Act of 1990.

Also revised are the existing methods

of identifying cartons to require that

each officially identified carton of shell

eggs be lot numbered on either the

carton or the consumer package.

The amendments revise the minimum

facility and operating requirements for

shell egg grading and packing plants by

updating grading room requirements.

Shell egg cleaning operations also are

revised to require that the temperature

of the water used to spray rinse shell

eggs be at least as warm as the water

used to wash the shell eggs.

Additionally, the National Supervisor is

specifically authorized to approve
12402 Federal Register / Vol. 60, No. 44 / Tuesday, March 7, 1995 / Rules and Regulations

methods of sanitizing shell eggs other

than the normal spray rinse method.

The amendments delete U.S.

Wholesale Grades and Weight Classes

for Shell Eggs.

The standards for B quality in U.S.

Nest-Run Grades for shell eggs are

amended to allow shell eggs with

pronounced ridges and thin spots to be

included in the maximum percentage

tolerance permitted for B quality.

Comments

AMS published proposed revisions in

the Federal Register (59 FR 15866) on

April 5, 1994, to the Regulations

Governing the Grading of Shell Eggs and

U.S. Standards, Grades, and Weight

Classes for Shell Eggs in 7 CFR part 56.

A 60-day comment period was

provided.

Three comments were received, two

from State government representatives

and one from a shell egg processor.

Two commenters expressed overall

support of the proposal. One commenter

recommended including in 7 CFR 56.37

a sentence to read that consumer

packaging material for eggs

manufactured prior to May 8, 1994, be

excluded from the nutrition labeling

requirements, defining a ‘‘lot’’ in 7 CFR

56.37, and requiring in 7 CFR part 56.76

that eggs be spray rinsed with fresh

water ten degrees higher than the

temperature of the wash water. AMS did

not adopt these recommendations. AMS

does not have the authority to authorize

the use of cartons which do not conform

to the Food and Drug Administration’s

rules and regulations. Such approval is

beyond the scope of the shell egg

grading regulation’s authority. A ‘‘lot’’ is

clearly defined in the current

regulations as the consecutive day of the

year in which the eggs were packed or

other systems as may be approved by

the Administrator. Rinse water that is at

least as warm as wash water will help

to reduce bacterial contamination of

shell eggs without causing excessive

thermal breakage. Firms always have the

option to utilize a rinse water that is

warmer than the wash water to the

extent that their own processing

operations will allow. The commenter

also recommended using fresh water for

the spray rinse. It was not clear what

was meant by ‘‘fresh’’ water. However,

all shell egg plants which utilize the

Department’s voluntary shell egg

grading service are required to provide

to AMS certification that the water used

in its grading processes is potable.

The proposed method of sealing cases

of eggs provided in the proposed rule

specified that approximately 2–3 inch

plastic or gummed tape be used to cover

all seams. No comments were received

on this provision. However, AMS

evaluated this requirement further

during the comment period and

ascertained that a specific tape

measurement was not necessary so long

as cases were securely closed.

Accordingly, AMS is making this

change without an additional

opportunity for comments because the

change will eliminate burden and

provide the flexibility to adapt to future

changes in packaging material

technology.

With the exception of the above

change, the regulatory text contained in

the proposed rule is hereby adopted.

List of Subjects 7 CFR Part 56

Eggs and egg products, Food grades

and standards, Food labeling, Reporting

and recordkeeping requirements.

For reasons set forth in the preamble,

7 CFR part 56 is amended as follows:

PART 56—GRADING OF SHELL EGGS

AND U.S. STANDARDS, GRADES, AND

WEIGHT CLASSES FOR SHELL EGGS

1. The authority citation for Part 56 is

revised to read as follows:

Authority: 7 U.S.C. 1621–1627.

2. Section 56.1 is amended by revising

the term ‘‘quality assurance inspector’’

and adding alphabetically the new term

‘‘washed ungraded eggs’’ to read as

follows:

§ 56.1 Meaning of words and terms

defined.

* * * * *

Quality assurance inspector means

any designated company employee

other than the plant owner, manager,

foreman, or supervisor, authorized by

the Secretary to examine product and to

supervise the labeling, dating, and

lotting of officially graded shell eggs and

to assure that such product is packaged

under sanitary conditions, graded by

authorized personnel, and maintained

under proper inventory control until

released by an employee of the

Department.

* * * * *

Washed ungraded eggs means eggs

which have been washed but not sized

or segregated for quality.

3. Section 56.3 is amended by revising

paragraph (b) to read as follows:

§ 56.3 Administration.

* * * * *

(b) The conduct of all services and the

licensing of graders under these

regulations shall be accomplished

without discrimination as to race, color,

national origin, religion, age, sex, or

disability.

* * * * *

4. Section 56.17 is amended by

revising the first sentence of paragraph

(b) to read as follows:

§ 56.17 Facilities and equipment for

graders.

* * * * *

(b) Furnished office space, a desk and

file or storage cabinets (equipped with

a satisfactory locking device), suitable

for the security and storage of official

stamps and supplies, and other facilities

and equipment as may otherwise be

required. * * *

* * * * *

5. Section 56.35 is amended by

revising paragraph (c) to read as follows:

§ 56.35 Authority to use, and approval of

official identification.

* * * * *

(c) Nutritional labeling. Nutrition

information must be included with the

labeling on each unit container of

consumer packaged shell eggs in

accordance with the provisions of Title

21, Chapter I, Part 101, Regulations for

the Enforcement of the Federal Food,

Drug, and Cosmetic Act and the Fair

Packaging and Labeling Act. The

nutrition information included on labels

is subject to review by the Food and

Drug Administration prior to approval

by the Department.

6. Section 56.36 is amended by

revising the last sentence of paragraph

(b)(2) to read as follows:

§ 56.36 Information required on and form

of grademark.

* * * * *

(b) * * *

(2) * * * The grademark shall be

printed on the carton.

7. Section 56.37 is amended by

revising the first sentence to read as

follows:

§ 56.37 Lot marking of officially identified

product.

Each carton identified with the

grademarks shown in Figures 2, 3, or 4

of § 56.36 shall be legibly lot numbered

on either the carton or the consumer

package. * * *

* * * * *

8. Section 56.76 is amended by

revising paragraphs (b) and (e)(10), to

read as follows:

§ 56.76 Minimum facility and operating

requirements for shell egg grading and

packing plants.

* * * * *

(b) Grading room requirements. (1)

The egg grading or candling area shall

be adequately darkened to make

possible the accurate quality

determination of the candled

appearance of eggs. There shall be no
Federal Register / Vol. 60, No. 44 / Tuesday, March 7, 1995 / Rules and Regulations 12403

other light source or reflections of light

that interfere with, or prohibit the

accurate quality determination of eggs

in the grading or candling area.

(2) The grading and candling

equipment shall provide adequate light

to facilitate quality determinations.

Other light sources and equipment or

facilities shall be provided to permit the

detection and removal of stained and

dirty eggs or other undergrade eggs.

(3) Adequate facilities, equipment,

and light sources shall be provided to

determine the condition of packing

material.

(4) Egg weighing equipment shall be

provided. The egg weighing equipment

shall be constructed to permit cleaning;

operation in a clean, sanitary manner;

and shall be capable of ready

adjustment.

(5) Adequate ventilation shall be

provided.

* * * * *

(e) * * *

(10) Washed eggs shall be sprayrinsed with water having a temperature

equal to, or warmer than, the

temperature of the wash water and

contain an approved sanitizer of not less

than 50 p/m nor more than 200 p/m of

available chlorine or its equivalent.

Alternate procedures, in lieu of a

sanitizer rinse, may be approved by the

National Supervisor.

* * * * *

§§ 56.226, 56.227, and 56.228 [Removed

and Reserved]

9. Sections 56.226, 56.227, and 56.228

are removed and reserved.

10. Section 56.230 is revised to read

as follows:

§ 56.230 Grade.

‘‘U.S. Nest-Run ll% AA Quality’’

shall consist of eggs of current

production of which at least 20 percent

are AA quality; and the actual

percentage of AA quality eggs shall be

stated in the grade name. Within the

maximum of 15 percent which may be

below A quality, not more than 10

percent may be B quality for shell

shape, pronounced ridges or thin spots,

interior quality (including meat or blood

spots), or due to rusty or blackishappearing cage marks or blood stains,

not more than 5 percent may have

adhering dirt or foreign material on the

shell 1⁄2 inch or larger in diameter, not

more than 6 percent may be Checks, and

not more than 3 percent may be Loss.

Marks which are slightly gray in

appearance and adhering dirt or foreign

material on the shell less than 1⁄2 inch

in diameter are not considered quality

factors. The eggs shall be officially

graded for all other quality factors. No

case may contain less than 75 percent A

quality and AA quality eggs in any

combination.

11. Section 56.231 is amended by

revising Table 1 to read as follows:

§ 56.231 Summary of grade.

* * * * *

Nest-run grade, description 1

U.S. nestrun ll

percent AA

quality 2

Minimum percentage of

quality required (lot average) 3

AA quality 4 ............................................................................................................................................. 20

A quality or better 5 ................................................................................................................................. 85

Maximum percentage tolerance permitted (15 percent lot average) 3B quality for shell shape, pronounced ridges or thin spots, interior quality (including blood & meat

spots) or cage marks 6 and blood stains.

10

Checks ................................................................................................................................................... 6

Loss ........................................................................................................................................................ 3

Adhering dirt or foreign material 1⁄2 inch or larger in diameter .............................................................. 5

1Stains (other than rusty or blackish appearing cage marks or blood stains), and adhering dirt and foreign material on the shell less than 1⁄2

inch in diameter shall not be considered as quality factors in determining the grade designation. 2The actual total percentage must be stated in the grade name.

3Substitution of eggs of higher qualities for lower specified qualities is permitted.

4 No case may contain less than 10 percent AA quality.

5 No case may contain less than 75 percent A quality and AA quality eggs in any combination.

6 Cage marks which are rusty or blackish in appearance shall be considered as quality factors. Marks which are slightly gray in appearance are

not considered as quality factors.

12. Section 56.234 is amended by

revising paragraph (c) to read as follows:

§ 56.234 Packaging material.

* * * * *

(c) Sealing: The tops of all cases must

be securely closed, so they will not open

during transportation, by applying

paper gummed, plastic, or other suitable

tape or by methods that would secure

seams made by the closing of the top of

the case. The tape shall extend down

the sides and/or ends of the case a

sufficient length to preclude the top

flaps from opening while permitting the

official identification of the case, as

applicable.

Dated: March 1, 1995.

Lon Hatamiya,

Administrator.

[FR Doc. 95–5543 Filed 3–6–95; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 989

[FV95–989–1IFR]

Raisins Produced From Grapes Grown

In California; Final Free and Reserve

Percentages for the 1994–95 Crop Year

for Zante Currant and Other Seedless

Raisins

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This interim final rule invites

comments on the establishment of final

free and reserve percentages for 1994

crop Zante Currant and Other Seedless

raisins. The percentages are 40 percent

free and 60 percent reserve for each of

these varietal types. These percentages

are intended to stabilize supplies and

prices and to help counter the

destabilizing effects of the burdensome

oversupply situation facing the raisin

industry. This rule was recommended

by the Raisin Administrative Committee

(Committee), the body which locally

administers the marketing order.