[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Proposed Rules]
[Pages 31887-31888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11718]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 36

[Document No. AMS-FV-07-0100]


Procedures by Which the Agricultural Marketing Service Develops, 
Revises, Suspends, or Terminates Voluntary Official Grade Standards: 
United States Standards for Grades of Frozen Okra

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Request for comments.

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SUMMARY: The Agricultural Marketing Service (AMS) of the Department of 
Agriculture (USDA) proposes to revise the United States Standards for 
Grades of Frozen Okra. The standards for frozen okra would be changed 
from a ``variable score point'' system to an ``individual attribute'' 
grading system; the ``dual grade nomenclature'' would be replaced with 
single letter grade designation and editorial changes would be 
included. These changes would bring the standards for frozen okra in 
line with the present quality levels being marketed today and would 
provide guidance in the effective utilization of frozen okra.

DATES: Comments must be submitted on or before August 1, 2011.

ADDRESSES: Written comments may be mailed to Brian E. Griffin, 
Inspection and Standardization Section, Processed Products Branch, 
Fruit and Vegetable Programs, Agricultural Marketing Service, U.S. 
Department of Agriculture, 1400 Independence Avenue, SW., Room 0709, 
South Building; STOP 0247, Washington, DC 20250; fax: (202) 690-1527; 
or Internet: http://www.regulations.gov. The proposed United States 
Standards for Grades of Frozen Okra are available through the address 
cited above. All comments should reference the document number, date, 
and page number of this issue of the Federal Register. All comments 
will be posted without change, including any personal information 
provided. All comments submitted in response to this notice will be 
included in the record and will be made available to the public on the 
Internet via http://www.regulations.gov. Comments will be made 
available for public inspection at the above address during regular 
business hours or can be viewed at: http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Contact Brian E. Griffin, at the 
address above, or phone (202)720-5021; or fax (202) 690-1527. Copies of 
the proposed U.S. Standards for Grades of Frozen Okra are available on 
the Internet at http://www.regulations.gov.

SUPPLEMENTARY INFORMATION: Section 203(c) of the Agricultural Marketing 
Act of 1946, as amended, directs and authorizes the Secretary of 
Agriculture ``to develop and improve standards of quality, condition, 
quantity, grade, and packaging, and recommend and demonstrate such 
standards in order to encourage uniformity and consistency in 
commercial practices.''
    AMS is committed to carrying out this authority in a manner that 
facilitates the marketing of agricultural commodities and makes copies 
of official standards available upon request. Those United States 
Standards for Grades of Fruits and Vegetables no longer appear in the 
Code of Federal Regulations but are maintained by USDA, AMS, Fruit and 
Vegetable Programs. AMS is proposing revisions in the U.S. Standards 
for Grades of Frozen Okra using the procedures that appear in part 36 
of Title 7 of the Code of Federal Regulations (7 CFR part 36).
    Background: AMS received a petition from the American Frozen Food 
Institute (AFFI) requesting the revision of the standards for frozen 
okra. The petitioners represent almost all of the processors of frozen 
okra in the United States. The grade standards are presently based on 
the variable score points grading system.
    It is proposed that the standards be modified to convert them to a 
statistically-based individual attribute grading system, similar to the 
United States Standards for Grades of Canned Green and Wax Beans (58 FR 
4295; January 14, 1993). The individual attribute grading system uses 
sample size and acceptable quality levels (AQLs), as well as tolerances 
and acceptance numbers (number of allowable defects), to determine the 
quality level of a lot. This change would bring the standards in line 
with current marketing practices and innovations in processing 
techniques.
    In addition, AMS proposes to replace the dual grade nomenclature 
with single letter designations. ``U.S. Grade A''
    (or ``U.S. Fancy'') and ``U.S. Grade B'' (or ``U.S. Extra 
Standard'') would become ``U.S. Grade A'' and ``U.S. Grade B'', 
respectively.
    These revisions would also include minor editorial changes. These 
changes provide a uniform format consistent with recent revisions of 
other U.S. grade standards. This format has been designed to provide 
industry personnel and agricultural commodity graders with simpler and 
more comprehensive standards. Definitions of terms and easy-to-read 
tables would be incorporated to assure a better understanding and 
uniform application of the standards.
    Prior to undertaking research and other work associated with 
revising the standards, AMS sought public comments on the petition (see 
64 FR 52266).
    More recently, a notice requesting additional comments on the 
proposed revision to the United States Standards for Grades of Frozen 
Okra was published in the December 12, 2007, Federal Register (72 FR 
70565). At the request of AFFI, a notice reopening and extending the 
comment period was published in the May 16, 2008, Federal Register (73 
FR 28424). A 60 day period was provided for interested persons to 
submit comments on the proposed standards. AMS received a comment from 
AFFI that requested a tolerance be established for ``Cap Ends'' for 
both ``Whole'' and ``Cut'' styles as follows: Portion of ``stem'' 
extending between \3/8\ and \1/2\ inch beyond the cap scar equals 
``poor or excessive trim''; ``Stem'' extending greater than \1/2\ inch 
beyond cap scar equals ``EVM''. In addition, the petitioner requested 
that in Table II, ``Excessive Trim (included in Mechanical Damage)'' be 
better defined.
    The petitioner noted that this criterion was removed from the prior 
``Small Pieces/Misshapen'' category and moved to the proposed 10 
percent ``Mechanical Damage'' category. For cut style, AFFI stated that 
less than \1/4\ inch be the limit for small pieces, but AFFI suggested 
that tolerances should be based on percent by weight. In doing this, 
``Small Pieces'' would be taken out of the ``Mechanical Damage'' 
category.

[[Page 31888]]

Lastly, AFFI suggested that with the criteria for ``Cap Ends'' above 
and the tolerances given for ``Tough Fiber'', the ``Inedible Stems'' 
category was no longer needed.
    Subsequent to their submission of comments, and upon further 
discussion with AFFI through several discussion drafts between 
September 2008 and February 2011, the following changes also were 
proposed. From the definition of ``Appearance'', the reference to ``for 
regular process'' would be deleted. This terminology does not apply to 
the concept of the term, ``Appearance'' and its elimination from the 
proposed standards would have no impact on the grade of the product.
    Also, in the definition of the term, Appearance, under Good 
Appearance, ``reasonably free'' would be changed to ``practically 
free'', and under ``Reasonably Good Appearance,'' ``fairly free'' would 
be changed to ``reasonably free''. Under the term, ``Flavor and odor,'' 
in the reference to ``Normal flavor and odor,'' ``Normal'' would be 
changed to ``Reasonably Good''.
    These changes would provide a uniform format consistent with recent 
revisions of other U.S. grade standards. The term, ``Hard, woody okra 
material'' would be added to the standards. These terms and allowances 
currently are in the USDA grading manual for frozen okra effective 
January 1996, and as such, the standards should be updated.
    This proposed revision of the frozen okra standard would revise the 
text of the standard to provide a common language for trade and better 
reflect the current marketing of frozen okra. The official grade of a 
lot of frozen okra covered by these standards is determined by the 
procedures set forth in the ``Regulations Governing Inspection and 
Certification of Processed Products Thereof, and Certain Other 
Processed Food Products (Sec.  52.1 to 52.83).''
    AMS is publishing this notice with a sixty day comment period that 
will provide a sufficient amount of time for interested persons to 
comment on the proposed revision to the standards.

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

    Dated: May 9, 2011.
Ellen King,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2011-11718 Filed 6-1-11; 8:45 am]
BILLING CODE 3410-02-P