[Federal Register Volume 72, Number 125 (Friday, June 29, 2007)]
[Proposed Rules]
[Page 35668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12384]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 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.
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  Federal Register / Vol. 72, No. 125 / Friday, June 29, 2007 / 
Proposed Rules  

[[Page 35668]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 51

[Docket  AMS-FV-07-0002; FV-06-304]


United States Standards for Grades of Table Grapes (European or 
Vinifera Type)

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Withdrawal of proposed rule.

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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: The proposed rule published at 71 FR 55367, Sept. 22, 2006 is 
withdrawn as of June 29, 2007.

FOR FURTHER INFORMATION CONTACT: Vincent J. Fusaro, Standardization 
Section, Fresh Products Branch, (202) 720-2185. 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/standards/stanfrfv.htm.

Background

    AMS received petitions from the California Grape and Tree Fruit 
League and Western Growers Association, requesting a revision to the 
United States Standards for Grades of Table Grapes (European or 
Vinifera Type) to add an additional 10 percent allowance for shattered 
berries in consumer containers for shipments that are en route or at 
destination. The petitioners stated that a change, specific to consumer 
containers, was warranted as the majority of table grapes now being 
sold in consumer containers allow shattered berries to be fully 
utilized/sold. A consumer container refers to the individual consumer 
units of table grapes within a master container or lug, which are 
either marked for individual sale or unmarked; in clamshells, bags or 
other marketable individual units. The consumer units can be either 
sealed units or unsealed units within the master container.
    Prior to undertaking detailed work to develop a proposed revision 
to the standards, AMS published a document 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 
second document 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.
    AMS received fourteen timely comments from the table grape 
industry. The comments are available by accessing the AMS, Fresh 
Products Branch Web site at: http://www.ams.usda.gov/fv/fpbdocketlist.htm.
    Twelve comments supported the proposal. Two were from regional 
agricultural trade associations; one comment was from a national table 
grape association, and nine comments were from members of an 
agricultural trade association representing growers, packers, shippers 
and exporters of table grapes. Each of these comments indicated that 
new improvements to consumer packaging resulted in less shrinkage and a 
more sellable product to consumers, and with this improvement, a 
revision of how shatter was scored as a defect was warranted.
    Two comments opposed the proposal. One comment was received from a 
national trade association representing wholesale produce receivers, 
and one from a grower and shipper of table grapes. The receivers' 
association stated that they see no reason to provide a special 
allowance for shattered berries in consumer containers. They stated 
that the proposed allowance will enable more lower-quality product to 
qualify for the U.S. No. 1 grade. They also argued that the proposal 
actually allows 22 percent shatter at destination. The commentor, also 
noted that the percentage would be higher if the Perishable 
Agricultural Commodities Act (PACA) Good Delivery tolerances are taken 
into account. PACA tolerances may be taken into account when AMS 
resolves contract disputes under the PACA. The receiver's association 
also suggested that consumers view shattered grapes as unfit to eat and 
throw away such grapes instead of consuming them.
    The comment received from the grower and shipper of table grapes 
opposing the revision stated that they did not feel that it was 
appropriate to change the current grade standards and thereby downgrade 
the industry's and consumers' perception of table grapes in general. 
They also proposed a new grade, ``U.S. No. 1 High Shatter'' as an 
alternative. However, the original proposal was for an additional 
allowance for en route or destination inspections only. Developing a 
new grade would have resulted in that grade needing to be applied at 
shipping point in order for it to be applied en route or at 
destination. Therefore, developing an additional grade will not be 
considered at this time.
    The one request for an extension to the comment period was received 
from a receiver/wholesaler after the comment period had ended. AMS 
believed that extending the comment period would not facilitate 
resolution and would only prolong the current state of uncertainty.
    AMS has reviewed all comments, noting strong arguments in both 
support and opposition of the proposal, and determined that there is 
not a clear consensus among industry. Therefore, AMS has decided not to 
proceed with this action. AMS will continue to work with interested 
parties regarding the subject of shattered berries.

    Authority: 7 U.S.C. 1621-1627.

    Dated: June 21, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
 [FR Doc. E7-12384 Filed 6-28-07; 8:45 am]
BILLING CODE 3410-02-P