Update and Clarify a Shell Egg Grading Definition, 12613-12614 [06-2366]

Download as PDF 12613 Rules and Regulations Federal Register Vol. 71, No. 48 Monday, March 13, 2006 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Parts 56 and 57 [Docket No. PY–05–003] RIN 0581–AC47 Update and Clarify a Shell Egg Grading Definition Agricultural Marketing Service, USDA. ACTION: Final rule. AGENCY: SUMMARY: The Agricultural Marketing Service is amending the regulations governing the voluntary shell egg grading program and the regulations governing the inspection of eggs. The revision will revise the definition of washed ungraded eggs in each of the regulations. From time to time, sections in the regulations are affected by changes in egg production and processing technology. This rule updates the regulations to reflect these changes. DATES: Effective Date: April 12, 2006. FOR FURTHER INFORMATION CONTACT: Charles L. Johnson, Chief, Grading Branch, (202) 720–3271. SUPPLEMENTARY INFORMATION: erjones on PROD1PC61 with RULES Background and Proposed Changes AMS administers a voluntary grading program for shell eggs under the Agricultural Marketing Act of 1946, as amended (AMA) (7 U.S.C. 1621 et seq.). Any interested party that applies for service must comply with the terms and conditions of the regulations and must pay for the services rendered. AMS graders monitor processing operations and verify the grade and size of eggs packed into packages bearing the USDA grademark. Regulations governing this program are contained in 7 CFR part 56. AMS also administers a mandatory inspection program for shell eggs under VerDate Aug<31>2005 14:21 Mar 10, 2006 Jkt 208001 the Egg Products Inspection Act (EPIA) (21 U.S.C. 1031 et seq.). This inspection program ensures that shell eggs sold to consumers contain no more restricted eggs than are permitted in the standards for consumer grades. Regulations governing this program are contained in 7 CFR part 57. The Agency routinely reviews its regulations to ensure that they are current and up-to-date. The latest review of 7 CFR part 56 and 7 CFR part 57 identified the following changes that are needed to bring the regulations upto-date with current egg production and processing technology. Washed Ungraded Eggs The Agency will clarify the definition of washed ungraded eggs that appears in both regulations. The definitions currently state that washed ungraded eggs mean ‘‘* * * eggs which have been washed but not sized or segregated for quality.’’ The revised definitions will state that washed ungraded eggs mean ‘‘eggs which have been washed and that are either sized or unsized, but not segregated for quality.’’ Proposed Rule and Comments The proposed rule was published in Federal Register on September 26, 2005 (70 FR 56139). The comment period ended November 25, 2005. We received two comments: one from a shell egg producer and one from an unidentified commenter. The shell egg producer supported the proposed amendment. The Agency did not address the second comment because it was outside the scope of this rulemaking. Executive Order 12866 and Effect on Small Entities This rule has been determined to be not significant for purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget (OMB). In addition, pursuant to requirements set forth in the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), AMS has considered the economic impact of the rule on small entities and has determined that its provisions would not have a significant economic impact on a substantial number of small entities. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 order that small businesses will not be unduly or disproportionately burdened. The Small Business Administration (SBA) (13 CFR 121.201) defines small entities that produce and process chicken eggs as those whose annual receipts are less than $9,000,000. Approximately 625,000 egg laying hens are needed to produce enough eggs to gross $9,000,000. Currently, the AMA authorizes a voluntary grading program for shell eggs. Shell egg processors that apply for service must pay for the services rendered. Shell egg processors are entitled to pack their eggs in packages bearing the USDA grade shield when AMS graders are present to certify that the eggs meet the grade requirements as labeled. Plants in which these grading services are performed are called official plants. Shell egg processors who do not use USDA’s grading service may not use the USDA grademark. There are about 540 shell egg processors registered with the Department that have 3,000 or more laying hens. Of these, 161 are official plants that use USDA’s grading service and would be subject to this proposed rule. Of these 161 official plants, 38 meet the small business definition. The EPIA authorizes the mandatory inspection of egg products operations and the mandatory surveillance of the disposition of shell eggs that are undesirable for human consumption, with implementing regulations in 7 CFR part 57. All of the approximate 540 shell egg processors registered with the Department are required to comply with the labeling provisions of the EPIA and would be subject to this proposed rule. Of these 540 shell egg processors, 313 meet the small business definition. This amendment will not have an adverse economic impact on processors. It will revise the AMA and the EPIA regulations by up-dating the definition of washed ungraded eggs to reflect current egg production and processing technology. For the above reasons, the Agency has certified that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This action is not intended to have retroactive effect. This rule will not preempt any State or local laws, regulations, or policies, unless they E:\FR\FM\13MRR1.SGM 13MRR1 12614 Federal Register / Vol. 71, No. 48 / Monday, March 13, 2006 / Rules and Regulations 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. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) the Office of Management and Budget (OMB) has approved the information collection and recordkeeping requirements included in this proposed rule, and there are no new requirements. The assigned OMB control number is 0581–0128. AMS is committed to compliance with the Government Paperwork Elimination Act, which requires Government agencies in general to provide the public the option of submitting information or transacting business electronically to the maximum extent possible. 7 CFR Part 56 Eggs and egg products, Food grades and standards, Food labeling, Reporting and recordkeeping requirements. 7 CFR Part 57 Eggs and egg products, Exports, Food grades and standards, Food labeling, Imports, Reporting and recordkeeping requirements. I For reasons set forth in the preamble, 7 CFR parts 56 and 57 are amended as follows: PART 56—VOLUNTARY GRADING OF SHELL EGGS 1. The authority citation for part 56 continues to read as follows: I Authority: 7 U.S.C. 1621–1627. I 2. In § 56.1, revise the term Washed ungraded eggs to read as follows: § 56.1 Meaning of words and terms defined. * * * * * Washed ungraded eggs means eggs which have been washed and that are either sized or unsized, but not segregated for quality. PART 57—INSPECTION OF EGGS (EGGS PRODUCTS INSPECTION ACT) 3. The authority citation for part 57 continues to read as follows: I erjones on PROD1PC61 with RULES Authority: 21 U.S.C. 1031–1056. 4. In § 57.1, revise the term Washed ungraded eggs to read as follows: I * Definitions. * * VerDate Aug<31>2005 Dated: March 8, 2006. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. 06–2366 Filed 3–10–06; 8:45 am] BILLING CODE 3410–02–P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 932 [Docket No. FV06–932–1 IFR] Olives Grown in California; Decreased Assessment Rate AGENCY: Agricultural Marketing Service, USDA. Interim final rule with request for comments. ACTION: List of Subjects § 57.1 Washed ungraded eggs means eggs which have been washed and that are either sized or unsized, but not segregated for quality. * * 14:21 Mar 10, 2006 Jkt 208001 SUMMARY: This rule decreases the assessment rate established for the California Olive Committee (committee) for the 2006 and subsequent fiscal years from $15.68 to $11.03 per assessable ton of olives handled. The committee locally administers the marketing order which regulates the handling of olives grown in California. Assessments upon olive handlers are used by the committee to fund reasonable and necessary expenses of the program. The fiscal year began January 1 and ends December 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. DATES: Effective March 14, 2006. Comments received by May 12, 2006, will be considered prior to issuance of a final rule. ADDRESSES: Interested persons are invited to submit written comments concerning this rule. Comments must be sent to the Docket Clerk, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC 20250–0237; Fax: (202) 720–8938, or E-mail: moab.docketclerk@usda.gov. Comments should reference the docket number and the date and page number of this issue of the Federal Register and will be available for public inspection in the Office of the Docket Clerk during regular business hours, or can be viewed at: https://www.ams.usda.gov/fv/moab.html. FOR FURTHER INFORMATION CONTACT: Laurel May, California Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 AMS, USDA, 2202 Monterey Street, Suite 102B, Fresno, CA 93721; Telephone: (559) 487–5901, Fax: (559) 487–5906; or George Kelhart, Technical Advisor, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC 20250–0237; Telephone: (202) 720–2491, Fax: (202) 720–8938. Small businesses may request information on complying with this regulation by contacting Jay Guerber, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC 20250–0237; Telephone: (202) 720– 2491, Fax: (202) 720–8938, or E-mail: Jay.Guerber@usda.gov. This rule is issued under Marketing Agreement No. 148 and Order No. 932, both as amended (7 CFR part 932), regulating the handling of olives grown in California, hereinafter referred to as the ‘‘order.’’ The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601–674), hereinafter referred to as the ‘‘Act.’’ The Department of Agriculture (USDA) is issuing this rule in conformance with Executive Order 12866. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the marketing order now in effect, California olive handlers are subject to assessments. Funds to administer the order are derived from such assessments. It is intended that the assessment rate as issued herein will be effective beginning on January 1, 2006, apply to all assessable olives from the current crop year, and will continue until amended, suspended, or terminated. This rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. Such handler is afforded the opportunity for a hearing on the petition. After the hearing USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an SUPPLEMENTARY INFORMATION: E:\FR\FM\13MRR1.SGM 13MRR1

Agencies

[Federal Register Volume 71, Number 48 (Monday, March 13, 2006)]
[Rules and Regulations]
[Pages 12613-12614]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2366]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 71, No. 48 / Monday, March 13, 2006 / Rules 
and Regulations

[[Page 12613]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 56 and 57

[Docket No. PY-05-003]
RIN 0581-AC47


Update and Clarify a Shell Egg Grading Definition

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Agricultural Marketing Service is amending the regulations 
governing the voluntary shell egg grading program and the regulations 
governing the inspection of eggs. The revision will revise the 
definition of washed ungraded eggs in each of the regulations. From 
time to time, sections in the regulations are affected by changes in 
egg production and processing technology. This rule updates the 
regulations to reflect these changes.

DATES: Effective Date: April 12, 2006.

FOR FURTHER INFORMATION CONTACT: Charles L. Johnson, Chief, Grading 
Branch, (202) 720-3271.

SUPPLEMENTARY INFORMATION:

Background and Proposed Changes

    AMS administers a voluntary grading program for shell eggs under 
the Agricultural Marketing Act of 1946, as amended (AMA) (7 U.S.C. 1621 
et seq.). Any interested party that applies for service must comply 
with the terms and conditions of the regulations and must pay for the 
services rendered. AMS graders monitor processing operations and verify 
the grade and size of eggs packed into packages bearing the USDA 
grademark. Regulations governing this program are contained in 7 CFR 
part 56.
    AMS also administers a mandatory inspection program for shell eggs 
under the Egg Products Inspection Act (EPIA) (21 U.S.C. 1031 et seq.). 
This inspection program ensures that shell eggs sold to consumers 
contain no more restricted eggs than are permitted in the standards for 
consumer grades. Regulations governing this program are contained in 7 
CFR part 57.
    The Agency routinely reviews its regulations to ensure that they 
are current and up-to-date. The latest review of 7 CFR part 56 and 7 
CFR part 57 identified the following changes that are needed to bring 
the regulations up-to-date with current egg production and processing 
technology.

Washed Ungraded Eggs

    The Agency will clarify the definition of washed ungraded eggs that 
appears in both regulations. The definitions currently state that 
washed ungraded eggs mean ``* * * eggs which have been washed but not 
sized or segregated for quality.'' The revised definitions will state 
that washed ungraded eggs mean ``eggs which have been washed and that 
are either sized or unsized, but not segregated for quality.''

Proposed Rule and Comments

    The proposed rule was published in Federal Register on September 
26, 2005 (70 FR 56139). The comment period ended November 25, 2005.
    We received two comments: one from a shell egg producer and one 
from an unidentified commenter. The shell egg producer supported the 
proposed amendment. The Agency did not address the second comment 
because it was outside the scope of this rulemaking.

Executive Order 12866 and Effect on Small Entities

    This rule has been determined to be not significant for purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget (OMB). In addition, pursuant to 
requirements set forth in the Regulatory Flexibility Act (RFA) (5 
U.S.C. 601 et seq.), AMS has considered the economic impact of the rule 
on small entities and has determined that its provisions would not have 
a significant economic impact on a substantial number of small 
entities.
    The purpose of the RFA is to fit regulatory actions to the scale of 
businesses subject to such actions in order that small businesses will 
not be unduly or disproportionately burdened. The Small Business 
Administration (SBA) (13 CFR 121.201) defines small entities that 
produce and process chicken eggs as those whose annual receipts are 
less than $9,000,000. Approximately 625,000 egg laying hens are needed 
to produce enough eggs to gross $9,000,000.
    Currently, the AMA authorizes a voluntary grading program for shell 
eggs. Shell egg processors that apply for service must pay for the 
services rendered. Shell egg processors are entitled to pack their eggs 
in packages bearing the USDA grade shield when AMS graders are present 
to certify that the eggs meet the grade requirements as labeled. Plants 
in which these grading services are performed are called official 
plants. Shell egg processors who do not use USDA's grading service may 
not use the USDA grademark. There are about 540 shell egg processors 
registered with the Department that have 3,000 or more laying hens. Of 
these, 161 are official plants that use USDA's grading service and 
would be subject to this proposed rule. Of these 161 official plants, 
38 meet the small business definition.
    The EPIA authorizes the mandatory inspection of egg products 
operations and the mandatory surveillance of the disposition of shell 
eggs that are undesirable for human consumption, with implementing 
regulations in 7 CFR part 57. All of the approximate 540 shell egg 
processors registered with the Department are required to comply with 
the labeling provisions of the EPIA and would be subject to this 
proposed rule. Of these 540 shell egg processors, 313 meet the small 
business definition.
    This amendment will not have an adverse economic impact on 
processors. It will revise the AMA and the EPIA regulations by up-
dating the definition of washed ungraded eggs to reflect current egg 
production and processing technology.
    For the above reasons, the Agency has certified that this action 
will not have a significant economic impact on a substantial number of 
small entities.

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This action is not intended to have retroactive effect. 
This rule will not preempt any State or local laws, regulations, or 
policies, unless they

[[Page 12614]]

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.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.) the Office of Management and Budget (OMB) has approved 
the information collection and recordkeeping requirements included in 
this proposed rule, and there are no new requirements. The assigned OMB 
control number is 0581-0128.
    AMS is committed to compliance with the Government Paperwork 
Elimination Act, which requires Government agencies in general to 
provide the public the option of submitting information or transacting 
business electronically to the maximum extent possible.

List of Subjects

7 CFR Part 56

    Eggs and egg products, Food grades and standards, Food labeling, 
Reporting and recordkeeping requirements.

7 CFR Part 57

    Eggs and egg products, Exports, Food grades and standards, Food 
labeling, Imports, Reporting and recordkeeping requirements.


0
For reasons set forth in the preamble, 7 CFR parts 56 and 57 are 
amended as follows:

PART 56--VOLUNTARY GRADING OF SHELL EGGS

0
1. The authority citation for part 56 continues to read as follows:

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


0
2. In Sec.  56.1, revise the term Washed ungraded eggs to read as 
follows:


Sec.  56.1  Meaning of words and terms defined.

* * * * *
    Washed ungraded eggs means eggs which have been washed and that are 
either sized or unsized, but not segregated for quality.

PART 57--INSPECTION OF EGGS (EGGS PRODUCTS INSPECTION ACT)

0
3. The authority citation for part 57 continues to read as follows:

    Authority: 21 U.S.C. 1031-1056.


0
4. In Sec.  57.1, revise the term Washed ungraded eggs to read as 
follows:


Sec.  57.1  Definitions.

* * * * *
    Washed ungraded eggs means eggs which have been washed and that are 
either sized or unsized, but not segregated for quality.

    Dated: March 8, 2006.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. 06-2366 Filed 3-10-06; 8:45 am]
BILLING CODE 3410-02-P