[Federal Register Volume 72, Number 233 (Wednesday, December 5, 2007)]
[Proposed Rules]
[Page 68542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23531]


 ========================================================================
 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. 233 / Wednesday, December 5, 2007 / 
Proposed Rules  

[[Page 68542]]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 51

[Docket  AMS-FV-07-0010; FV-06-302]


United States Standards for Grades of Sweet Cherries

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Advanced notice of proposed rulemaking; withdrawal.

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SUMMARY: The Agricultural Marketing Service (AMS) is withdrawing the 
notice soliciting comments on its proposal to amend the voluntary 
United States Standards for Grades of Sweet Cherries. After reviewing 
and considering the comments received, the agency has decided not to 
proceed with this action.

EFFECTIVE DATE: December 5, 2007.

FOR FURTHER INFORMATION CONTACT: Vincent J. Fusaro, Standardization 
Section, Fresh Products Branch, (202) 720-2185. The United States 
Standards for Grades of Sweet Cherries are available by accessing the 
Fresh Products Branch Web site at: http://www.ams.usda.gov/standards/stanfrfv.htm.

Background

    AMS identified the United States Standards for Grades of Sweet 
Cherries for possible revisions. The revision would have included 
adding standardized row sizes into the standard. These standardized row 
sizes would establish a uniform basis for defining size in the 
industry. The standards were last revised on May 7, 1971.
    On March 30, 2007, AMS published a proposed rule in the Federal 
Register (72 FR 15055) soliciting comments on a possible revision to 
the United States Standards for Grades of Sweet Cherries. The sixty-day 
comment period ended May 29, 2007.
    Three comments were received. All three comments received, one from 
a grower, packer, shipper, another from a separate grower, packer, 
shipper, and one from an association representing independent wholesale 
receivers, were in opposition to revising the United States Standards 
for Grades of Sweet Cherries. The first commentor stated that the 
current standard has not been a problem as it is currently written. The 
second commenter stated that adding standardized row sizes would limit 
the ability of farmers to market their sweet cherry crop. This 
commenter also stated that the market already enforced sizing standards 
that are firm but flexible, which is necessary because sweet cherries 
are highly perishable and subject to fluctuations in crop size and 
market conditions. The third commenter stated that there was concern 
about the viability of the proposal. This commentor suggested several 
different solutions, however, those solutions are not within the scope 
of this proposal and therefore will not be addressed in this action. 
These comments are available by accessing the http://www.regulations.gov Web site.
    After reviewing and considering the comments received, AMS has 
decided not to proceed with the action. Therefore, the proposed rule 
published March 30, 2007 (72 FR 15055) is withdrawn.

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

    Dated: November 29, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E7-23531 Filed 12-4-07; 8:45 am]
BILLING CODE 3410-02-P