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

13926

Vol. 60, No. 50

Wednesday, March 15, 1995

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 51

[Docket Number FV–94–301]

Table Grapes (European or Vinifera

Type); Grade Standards

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). The proposal would

lower the present minimum bunch size

as well as provide a separate tolerance

for off-size bunches for the U.S. No. 1

Institutional grade only. It would also

include a technical update which would

correct the variety name ‘‘Superior

Seedless’’ to ‘‘Sugraone.’’

DATES: Comments must be postmarked

or courier dated on or before May 15,

1995.

ADDRESSES: Interested parties are

invited to submit written comments

concerning this proposal. Comments

must be sent to the Fresh Products

Branch, Fruit and Vegetable Division,

Agricultural Marketing Service, U.S.

Department of Agriculture, P.O. Box

96456, Room 2056 South Building,

Washington, D.C. 20090–6456.

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

Department of Agriculture (Department)

is issuing this 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

Table Grapes (European or Vinifera

Type) 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.

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

this 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 Table Grapes (European or

Vinifera Type) was revised in April

1991. This revision established a new

grade, U.S. No. 1 Institutional. This

grade—used in sales to restaurant and

other food service concerns—provides

for grape lots which have very small

bunch sizes. In recent years, new

marketing and packaging techniques

have developed very small, individual

consumer size servings of grapes. Under

previous grade requirements these

‘‘single serving’’ type grape bunches

were too small to meet any U.S. grade.

Therefore, the Department developed, at

the request of the table grape industry,

a separate grade reflecting today’s

modern marketing and packaging

methods for the growing food service

market while preserving the integrity of

the ‘‘regular’’ fresh pack grades for

grapes sold to consumers in

supermarkets and other retail outlets.

Thus, grades for two different types of

pack could be contained in one standard

allowing the grades to share common

characteristics while at the same time

maintaining grades for two distinct

types (packs) of table grapes.

This proposed revision concerns only

the institutional pack and not the

‘‘regular’’ fresh pack grades. Growers

and shippers of the institutional pack

type table grape represented by the

California Grape and Tree Fruit League

(CGTFL) have requested a revision to

the institutional grade only, to address

a new market which is emerging that

would utilize extremely small clusters

and/or bunches of grapes. According to

the CGTFL, these buyers typically want

a smaller grouping of grapes than is

allowed under the current two ounce

minimum bunch size requirement in the

institutional grade. As an example,

certain restaurant chains presently

garnish some of their plates with

institutional pack grapes, but must cut

the existing small bunches to even

smaller clusters of grapes (as little as

two berries to a cluster) to fit their

particular needs. Changing the

minimum bunch requirement on the

U.S. No. 1 Institutional grade would

allow the industry to develop contract

specifications and otherwise use the

U.S. grade to satisfy that growing

segment of the restaurant and food

service industry market that utilizes

grapes as a garnish.

Therefore, this proposal would

change § 51.885 U.S. No. 1 Institutional

to resemble § 51.884 (the format for U.S.

No. 1 table) except for the elimination

of straggliness requirements and

trimming away of defective berries for

bunches. The initial grade requirements

will read as follows: ‘‘ ‘U.S. No. 1

Institutional’ grapes must have no less

than 95 percent of the containers in the

lot legibly marked ‘Institutional Pack.’

Further requirements for this grade

include grapes which consist of clusters

and/or bunches of well developed

grapes of one variety, except when

designated as assorted varieties, which

are at least fairly well colored, uniform

in appearance when so specified in

connection with the grade, and which

meet the following requirements:’’

As mentioned above, the

requirements will be the same as for

U.S. No. 1 table except paragraph (b)(1)

‘‘Not Straggly’’ and (g)(4) ‘‘Trimming

away of defective berries’’ will be

omitted. Also, paragraphs (h)(2) and

(h)(2)(i) will include size requirements

for clusters and/or berries:

‘‘(2) For clusters/bunches:

(i) In this grade grapes shall consist of

at least a two berry cluster ranging to
Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Proposed Rules 13927

clusters and/or bunches of grapes not

greater than five ounces in weight. See

§ 51.913.’’

The present § 51.913, Metric

Conversion Table, will be redesignated

§ 51.914 and a new § 51.913 would be

added to define a cluster. Since grape

bunches are normally thought of as a

series of grapes attached to small lateral

stems which are in turn attached to a

common main stem, the term bunch

does not seem entirely appropriate

when referring to two berries which

share a common point of attachment.

Therefore, for the purpose of the U.S.

No. 1 Institutional grade only, § 51.913

shall define a cluster as ‘‘two or more

berries sharing a common point of

attachment.’’

In addition, Table Ia, Tolerances at

Shipping Point for U.S. No. 1

Institutional Only, and Table IIa,

Tolerances En Route or at Destination

for U.S. No. 1 Institutional Only, would

be added. The CGTFL requested that a

separate tolerance of four percent be

provided for offsize clusters or bunches

to maintain the integrity of the grade in

relation to size requirements. Presently,

Tables I and II combine both the offsize

and remaining grade requirements in

one tolerance (eight percent for

tolerances at shipping point, Table I,

and 12 percent for tolerances en route

or at destination, Table II). The

corresponding new tables, Table Ia and

IIa for U.S. No. 1 Institutional grade

only, will maintain an eight and twelve

percent tolerance, respectively, for

remaining grade requirements but

would include a separate tolerance of

four percent for offsize clusters or

bunches.

This proposed rule would also make

a technical change which is unrelated to

the U.S. No. 1 Institutional grade.

Presently, §§ 51.882(i)(1)(ii) and

51.884(i)(1)(i) make reference to

‘‘Superior Seedless’’ as a varietal name.

It has been brought to the attention of

the Department by representatives of

Sunworld International, Inc., California,

that ‘‘Superior Seedless’’ is in fact, a

registered trademark name and not the

varietal name. ‘‘Sugraone’’ according to

Sunworld, is the correct varietal name.

Research into this matter by the

Department has shown that both the

International Union for the Protection of

New Varieties of Plants (UPOV) and the

Office International de la Vigne et du

Vin (OIV), the United States being a

signatory of each, as well as the United

Nations Economic Commission for

Europe (ECE) have determined that

‘‘Sugraone’’ is the actual varietal

designation while ‘‘Superior Seedless’’

represents a registered trademark.

Therefore, to maintain proper

conformity with these designations, the

words ‘‘Superior Seedless’’ will be

removed in these sections and will be

replaced with ‘‘Sugraone.’’

List of Subjects in 7 CFR Part 51

Agricultural commodities, Food

grades and standards, Fruits, Nuts,

Reporting and recordkeeping

requirements, Vegetables.

PART 51—[AMENDED]

For reasons set forth in the preamble,

it is proposed that 7 CFR Part 51 be

amended as follows:

1. The authority citation for 7 CFR

Part 51 continues to read as follows:

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

§ 51.882 [Amended]

2. Section 51.882(i)(1)(ii) is amended

by removing the words ‘‘Superior

Seedless’’ and adding in its place

‘‘Sugraone.’’

§ 51.884 [Amended]

3. Section 51.884(i)(1)(i) is amended

by removing the words ‘‘Superior

Seedless’’ and adding in its place

‘‘Sugraone.’’

4. Section 51.885 is revised to read as

follows:

§ 51.885 U.S. No. 1 Institutional.

‘‘U.S. No. 1 Institutional’’ grapes must

have no less than 95 percent of the

containers in the lot legibly marked

‘‘Institutional Pack.’’ Further

requirements for this grade include

grapes which consist of clusters and/or

bunches of well developed grapes of one

variety, except when designated as

assorted varieties, which are at least

fairly well colored, uniform in

appearance when so specified in

connection with the grade, and which

meet the following requirements:

(a) Basic requirements for berries:

(1) Mature;

(2) Firm;

(3) Firmly attached to capstem;

(4) Not weak;

(5) Not materially shriveled at

capstem;

(6) Not shattered;

(7) Not split or crushed;

(8) Not wet.

(b) Basic requirements for stems: Not

weak, or dry and brittle.

(c) Berries free from:

(1) Decay;

(2) Waterberry;

(3) Sunburn.

(d) Stems free from:

(1) Mold;

(2) Decay.

(e) Berries not damaged by: Any other

cause.

(f) Bunches not damaged by:

(1) Shot berries;

(2) Dried berries;

(3) Other defective berries;

(4) Any other cause.

(g) Stems not damaged by:

(1) Freezing;

(2) Any other cause.

(h) Size:

(1) For berries: Exclusive of shot

berries and dried berries, 75 percent, by

count, of the berries on each bunch shall

have the minimum diameters indicated

for varieties as follows:

(i) Thompson Seedless, Perlette,

Delight, Beauty Seedless, Sugraone,

Flame Seedless and other seedless

varieties nine-sixteenths of an inch.

(ii) Other varieties ten-sixteenths of an

inch.

(2) For clusters/bunches:

(i) In this grade grapes shall consist of

at least a two berry cluster ranging to

clusters and/or bunches of grapes not

greater than five ounces in weight. See

Section 51.913.

(ii) For tolerances see § 51.886.

5. Section 51.886 is amended by

revising paragraph (b) and adding a new

paragraph (c) and Tables Ia and IIa to

read as follows:

§ 51.886 Tolerances.

(a) * * *

(b) In order to allow for variations

incident to proper grading and handling

in each of the foregoing grades except

U.S. No. 1 Institutional, tolerances, by

weight, other than for maturity, are

provided as set forth in Tables I and II

of this section.

* * * * *

(c) In order to allow for variations

incident to proper grading and handling

in the U.S. No. 1 Institutional grade

only, tolerances, by weight, other than

for maturity, are provided as set forth in

Tables Ia and IIa of this section.

TABLE Ia.—TOLERANCES AT SHIPPING

POINT FOR U.S. NO. 1 INSTITUTIONAL GRADE ONLY 1

[Percent]

Factor

U.S. No.

1 institutional

(A) For clusters/bunches failing to

meet color requirements ............. 10

(B) For clusters/bunches failing to

meet requirements for minimum

diameter of berries ...................... 10

(C) For offsize clusters/bunches .... 4

(D) For clusters/bunches and berries failing to meet the remaining

requirements for the grade ......... 8

Including in (D):

(a) For Serious damage and, including in (a) ............................ 2

(i) For Decay ............................... 1/2 of 1
13928 Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Proposed Rules

TABLE IIa.—TOLERANCES EN ROUTE

OR AT DESTINATION FOR U.S. NO. 1

INSTITUTIONAL ONLY

Factor

U.S. No.

1 institutional

(A) For clusters/bunches failing to

meet color requirements ............. 10

(B) For clusters/bunches failing to

meet requirements for minimum

diameter of berries ...................... 10

(C) For offsize clusters/bunches .... 4

(D) For clusters/bunches and berries failing to meet the remaining

requirements for the grade ......... 12

Including in (D):

(a) For permanent defects .......... 8

(b) For serious damage and, including in (b) ............................ 4

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

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

1Shipping point, as used in these standards, means the point of origin of the shipment

in the producing area or at port of loading for

ship stores or overseas shipment, or, in the

case of shipments from outside the continental

United States, the port of entry into the United

States.

§ 51.913 [Redesignated as § 51.914]

6. In Part 51, Subpart—United States

Standards for Grades of Table Grapes

(European or Vinifera Type), § 51.913 is

redesignated as § 51.914 and a new

§ 51.913 is added to read as follows:

§ 51.913 Clusters.

‘‘Clusters’’ as used in these standards

in reference to the U.S. No. 1

Institutional grade only shall be defined

as two or more berries sharing a

common point of attachment.

Dated: March 9, 1995.

Lon Hatamiya,

Administrator.

[FR Doc. 95–6367 Filed 3–14–95; 8:45 am]

BILLING CODE 3410–02–P

Rural Housing and Community

Development Service

Rural Business and Cooperative

Development Service

Rural Utilities Service

Consolidated Farm Service Agency

7 CFR Part 1940

RIN 0575–AB66

Environmental Program

AGENCIES: Rural Housing and

Community Development Service, Rural

Business and Cooperative Development

Service, Rural Utilities Service, and

Consolidated Farm Service Agency,

USDA.

ACTION: Proposed rule.

SUMMARY: The Agencies propose to

revise their Environmental regulation.

This action is necessary to streamline

the environmental review process. The

intended effect of this action is to

provide guidance on sending individual

copies of notices to affected property

owners when utility systems are

involved.

DATES: Comments must be received on

or before May 15, 1995.

ADDRESSES: Submit written comments

in duplicate to the office of the Chief,

Regulations Analysis and Control

Branch, Rural Economic and

Community Development, U.S.

Department of Agriculture, Room 6348,

South Agriculture Building, 14th Street

and Independence Avenue SW.,

Washington, D.C. 20250–0700.

FOR FURTHER INFORMATION CONTACT:

Donald O. Lander, Senior

Environmental Protection Specialist,

Environmental Support Branch,

Program Support Staff, Rural Housing

and Community Development Service,

U.S. Department of Agriculture, Room

6309, South Agriculture Building, 14th

Street and Independence Avenue SW.,

Washington, D.C. 20250–0700;

telephone (202) 720–9619.

SUPPLEMENTARY INFORMATION:

Classification

We are issuing this proposed rule in

conformance with Executive Order

12866, and the Office of Management

and Budget (OMB) has determined that

it is a ‘‘significant regulatory action’’.

Intergovernmental Consultation

This rule affects the following Agency

programs as listed in the Catalog of

Federal Domestic Assistance (CFDA):

10.760—Water and Waste Disposal Systems

for Rural Communities

10.762—Solid Waste Management Grants

10.763—Emergency Community Water

Assistance Grants

10.766—Community Facilities Loans

10.770—Water and Waste Disposal Loans

and Grants (Section 306C)

Executive Order 12372 requires

intergovernmental consultation with

State and local officials. Of the FmHA

programs affected by this rule, the

following are subject to the provisions

of Executive Order 12372: 10.760,

10.763, 10.766, and 10.770.

Regulatory Flexibility Act

In compliance with the Regulatory

Flexibility Act (5 U.S.C. 601–602), the

undersigned has determined and

certified by signature of this document

that this rule will not have a significant

economic impact on a substantial

number of small entities since this

rulemaking action does not involve a

new or expanded program. Therefore a

regulatory flexibility analysis was not

prepared.

Civil Justice Reform

This document has been reviewed in

accordance with Executive Order 12778.

It is the determination of the Agencies

that this action does not unduly burden

the Federal Court System in that it

meets all applicable standards provided

in Section 2 of the Executive Order.

Environmental Impact Statement

This document has been reviewed in

accordance with 7 CFR part 1940,

subpart G, ‘‘Environmental Program.’’

The Agencies have determined that this

action does not constitute a major

Federal action significantly affecting the

quality of the human environment, and

in accordance with the National

Environmental Policy Act of 1969, Pub.

L. 91–190, an Environmental Impact

Statement is not required.

Paperwork Reduction Act

The information collection

requirements contained in this

regulation have been approved by the

Office of Management and Budget

(OMB) under the provisions of 44 U.S.C.

Chapter 35 and have been assigned

OMB control number 0575–0094 in

accordance with the Paperwork

Reduction Act of 1980 (44 U.S.C. 3507).

This proposed rule does not revise or

impose any new information collection

or recordkeeping requirement from

those imposed by OMB.

Background

Section 1940.331 describes the public

notice requirements for actions

undergoing an environmental review by

the Agencies.

In § 1940.331(b)(4) there has been

confusion about identifying the names

and mailing addresses of individual

property owners who may be affected by

a project when large areas of important

land resources may be affected. This

confusion has caused delays and added

expense in the preparation and review

of Class I and Class II environmental

assessments for those projects.

The regulation is proposed to be

revised to allow the State

Environmental Coordinator to select the

methods for notifying affected property

owners, and to provide examples of

some other methods that may be

considered.