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

23128 

Vol. 74, No. 94 

Monday, May 18, 2009 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 51 

[Doc. # AMS–FV–07–0140] 

United States Standards for Grades of 

Table Grapes (European or Vinifera 

Type) 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Withdrawal of proposed rule. 

SUMMARY: The Agricultural Marketing 

Service (AMS) is withdrawing the 

document soliciting comments on its 

proposal to amend the voluntary United 

States Standards for Grades of Table 

Grapes (European or Vinifera Type). 

After reviewing and considering the 

comments received, the agency has 

decided not to proceed with this action. 

DATES: Effective Date: The proposed rule 

published February 26, 2008 (73 FR 

10185), is withdrawn as of May 18, 

2009. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Carl Newell, Standardization and 

Training Section, Fresh Products 

Branch, 100 Riverside Parkway, Suite 

101, Fredericksburg, VA 22406–1016; 

Telephone: (540) 361–1120; or Fax: 

(540) 361–1199. The United States 

Standards for Grades of Table Grapes 

(European or Vinifera Type) are 

available by accessing the Fresh 

Products Branch Web site at: http:// 

www.ams.usda.gov/freshinspection. 

Background 

In November of 2005, AMS received 

petitions from two trade associations 

requesting a revision to the United 

States Standards for Grades of Table 

Grapes (European or Vinifera Type). 

These petitions were received from the 

California Grape and Tree Fruit League 

on November 9, 2005, and Western 

Growers on November 25, 2005. These 

two trade associations represent more 

than 85 percent of the European or 

Vinifera type table grape production in 

the United States. They requested an 

additional 10 percent allowance for 

shattered berries en route or at 

destination for grapes in consumer 

containers. The petitioners stated that 

changes to the standard, specifically 

limited to shattered berries packed in 

consumer containers, are warranted 

because the majority of table grapes are 

now being sold in consumer containers 

which allow shattered berries to be fully 

utilized/sold. 

Prior to undertaking detailed work to 

develop a proposed revision to the 

standards, AMS published an advanced 

notice of proposed rulemaking (ANPR) 

on January 24, 2006, in the Federal 

Register (71 FR 3818) soliciting 

comments on a proposal to revise the 

standards. Based on comments received, 

AMS published a proposed rule on 

September 22, 2006, in the Federal 

Register (71 FR 55367) proposing to 

modify the standard by adding a 10 

percent allowance for shattered grapes 

in consumer containers. Due to lack of 

industry consensus concerning the 

proposed rule, AMS published in the 

Federal Register (72 FR 35668) a notice 

to withdraw the proposed rule on June 

29, 2007. 

The withdrawal stated that AMS 

would continue to work with interested 

parties regarding the subject of shattered 

berries. AMS subsequently met with the 

representatives from the California 

Grape and Tree Fruit League, the North 

American Perishable Agricultural 

Receivers, and other wholesale produce 

receivers to gather additional 

background information in order to 

consider possible future revisions. 

On October 5, 2007, AMS received a 

second petition from the California 

Grape and Tree Fruit League requesting 

a revision to the United States 

Standards for Grades of Table Grapes 

(European or Vinifera Type). The 

petitioner repeated the original request 

for an additional 10 percent allowance 

for shattered grapes en route or at 

destination for grapes in consumer 

containers. However, AMS did not 

propose the 10 percent allowance. AMS 

was concerned that this percentage 

would weaken the standard and reduce 

consumer confidence in the grade. In 

recognizing that the majority of grapes 

now sold at retail are packaged in 

consumer containers, AMS proposed a 

smaller change in the allowance. 

Therefore, on February 26, 2008, AMS 

published a proposed rule in the 

Federal Register (73 FR 10185) 

proposing a 5 percent allowance for 

shattered grapes in consumer 

containers. 

AMS received 58 comments from the 

table grape industry. These comments 

are available by accessing the AMS, 

Fresh Products Branch Web site at: 

http://www.ams.usda.gov/ 

freshinspection or http:// 

www.regulations.gov. 

Thirty-three comments supported the 

proposal. Three were from regional 

agricultural trade associations; one 

comment was from a national table 

grape association; and 29 were from 

growers, packers, and shippers. 

Supporting comments indicated that 

changes in grading are necessary to 

recognize improvements made in 

packaging, marketing, and shipping of 

grapes. They expressed that the 

proposed allowance for shatter would 

strengthen the United States Standards 

for Grades of Table Grapes (European or 

Vinifera Type). These comments stated 

that consumers are buying shattered 

berries in bags and clamshells resulting 

in less shrink. They also stated that the 

key to consumer acceptance of low to 

medium amounts of shattered berries is 

the healthy appearance of the berry (a 

whole and sound berry that is free from 

other visible defects), not just whether 

the berry is attached to the stem. 

Twenty-five comments opposed the 

proposal. Two comments were received 

from national trade associations, one 

from a Chilean trade association, and 22 

comments were received from 

wholesalers, receivers, and distributors. 

Opposing comments stated that 

shattered berries were weaker berries 

more susceptible to microbiological 

contamination and are more prone to 

develop other defects than berries that 

are still attached to the stem. They also 

commented that in their experience, 

customers seek out the bags with the 

most berries still attached to the stem. 

These comments conveyed that 

containers with higher amounts of 

shattered grapes sit in produce cases 

longer increasing the amount of shrink 

compared to containers with less 

shattered grapes present. Commenters 

opposed to the proposed changes were 

also concerned that the proposed 

allowance would weaken the United 

States Standards for Grades of Table 

Grapes (European or Vinifera Type). 


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Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Proposed Rules 23129 

AMS has reviewed all comments and 

we note that improvements in packaging 

for table grapes have occurred. 

Nonetheless, there were conflicting 

comments received that specifically 

raised questions regarding: (1) 

Marketability and subsequent shrink, 

due to changes in packaging; and (2) the 

effect this proposed rule would have on 

individual businesses. Further, we note 

that there is a lack of independent data 

available to clarify these issues. In such 

circumstances, there continues to be no 

clear consensus among industry 

segments to support a proposed rule. 

Accordingly AMS will not proceed with 

this action. However, AMS will 

continue to work with the industry to 

revise the current U.S. Grade standards 

to better reflect the current marketing of 

this and other agricultural products. 

Authority: 7 U.S.C. 1621–1627. 

Dated: May 12, 2009. 

Robert C. Keeney, 

Acting Associate Administrator. 

[FR Doc. E9–11491 Filed 5–15–09; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0545; Directorate 

Identifier 2008–NE–16–AD] 

RIN 2120–AA64 

Airworthiness Directives; Dowty 

Propellers Models R354/4–123–F/13, 

R354/4–123–F/20, R375/4–123–F/21, 

R389/4–123–F/25, R389/4–123–F/26, 

and R390/4–123–F/27 Propellers 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Supplemental notice of 

proposed rulemaking (NPRM); 

reopening of the comment period. 

SUMMARY: This supplemental NPRM 

revises an earlier proposed 

airworthiness directive (AD), applicable 

to Dowty Propellers Models R354/4– 

123–F/13, R354/4–123–F/20, R375/4– 

123–F/21, R389/4–123–F/25, R389/4– 

123–F/26, and R390/4–123–F/27 

propellers. That proposed AD would 

have required initial and repetitive 

visual inspections of propeller blade 

root outer sleeves for cracks, and 

removal before further flight of propeller 

blades with cracked blade root outer 

sleeves. That proposed AD resulted 

from mandatory continuing 

airworthiness information (MCAI) 

issued by the European Aviation Safety 

Agency (EASA) to identify and correct 

an unsafe condition on certain Dowty 

propellers. This supplemental NPRM 

revises the proposed AD to correct the 

listing of propeller models affected. This 

supplemental NPRM results from the 

discovery that we need to correct one of 

the propeller model numbers affected, 

and to remove an erroneous propeller 

model number. We are proposing this 

AD to prevent blade counterweight 

release, which could result in injury or 

damage to the airplane. The MCAI 

describes the unsafe condition as: 

A number of propeller blade outer sleeves 

have been found with cracks since 1996. 

Testing has shown that blade retention 

integrity is not affected by this cracking. 

However, this condition, if not detected and 

corrected, can lead to blade counterweight 

release, possibly resulting in damage to the 

aircraft and injury to occupants or persons on 

the ground. 

We are proposing this AD to prevent 

blade counterweight release, which 

could result in injury or damage to the 

airplane. 

DATES: We must receive comments on 

this proposed AD by June 17, 2009. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

• Fax: (202) 493–2251. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is the 

same as the Mail address provided in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Terry Fahr, Aerospace Engineer, Boston 

Aircraft Certification Office, FAA, 

Engine and Propeller Directorate, 12 

New England Executive Park, 

Burlington, MA 01803; e-mail: 

terrance.fahr@faa.gov; telephone (781) 

238–7155; fax (781) 238–7170. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2008–0545; Directorate Identifier 

2008–NE–16–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on those comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this proposed AD. 

Using the search function of the Web 

site, anyone can find and read the 

comments in any of our dockets, 

including, if provided, the name of the 

individual who sent the comment (or 

signed the comment on behalf of an 

association, business, labor union, etc.). 

You may review the DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19477–78). 

Discussion 

EASA, which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA AD 2008– 

0033, dated February 19, 2008, to 

correct an unsafe condition for the 

specified products. The EASA AD 

states: 

A number of propeller blade outer sleeves 

have been found with cracks since 1996. 

Testing has shown that blade retention 

integrity is not affected by this cracking. 

However, this condition, if not detected and 

corrected, can lead to blade counterweight 

release, possibly resulting in damage to the 

aircraft and injury to occupants or persons on 

the ground. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Relevant Service Information 

Dowty Propellers has issued Alert 

Service Bulletin No. SF340–61–A106, 

Revision 1, dated March 20, 2008. The 

actions described in this service 

information are intended to correct the 

unsafe condition identified in the 

MCAI. 


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