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59920 Proposed Rules Federal Register Vol. 74, No. 222 Thursday, November 19, 2009 This section of the FEDERAL REGISTER inspection. Other minor non-substantive these establishments could request their contains notices to the public of the proposed changes are also proposed. product containers be inspected under issuance of rules and regulations. The DATES: Comments must be received on the provisions of the U.S. Standards for purpose of these notices is to give interested or before January 19, 2010. Condition of Food Containers for a persons an opportunity to participate in the number of AMS Program areas. The vast rule making prior to the adoption of the final ADDRESSES: Interested persons are rules. invited to submit written comments or majority of these establishments would comments on the Internet. Comments qualify as small businesses under the must be sent to Lynne Yedinak, definition provided by the Small DEPARTMENT OF AGRICULTURE Processed Products Branch, Fruit and Business Administration. Vegetable Programs, Agricultural We have examined the economic Agricultural Marketing Service Marketing Service, U.S. Department of implications of this proposed rule on Agriculture, 1400 Independence small entities. Under the proposed rule, 7 CFR Part 42 Avenue, SW., Stop 0247, Washington, utilization of the U.S. Standards for DC 20250–0247; Telephone: (202) 720– Condition of Food Containers is [Doc. No. AMS–FV–08–0027; FV–05–332] 9939; FAX: (202) 690–1527; or Internet: voluntary. Small entities would only http://www.regulations.gov. The current incur direct costs when purchasers, of United States Standards for Condition their packaged food products, stipulate of Food Containers U.S. Standards for Condition of Food Containers is available through the in their procurement documents that the AGENCY: Agricultural Marketing Service, address cited below or by accessing the food containers should conform to the USDA. Internet at: http://www.access.gpo.gov/ requirements of the U.S. Standards for _ _ Condition of Food Containers. Since the ACTION: Proposed rule. nara/cfr/waisidx 00/7cfr42 00.html. All comments received will be posed standards were previously amended in SUMMARY: The Agricultural Marketing without change, including any personal May 1983, innovations in packaging Service (AMS) proposes to amend the information provided. All comments technologies have provided an regulations governing the United States should make reference to the date and increasingly wide variety of acceptable (U.S.) Standards for Condition of Food page number of this issue of the Federal new food containers. These new food Containers. AMS regularly reviews Register and will be made available for containers are not represented by the standards to determine if they meet public inspection in the above office current standards. According, we current industry practices. Based on our during regular business hours or can be believe that this impact will be minimal most recent review, we believe that the viewed at: http://www.regulations.gov. because the revisions are necessary in order to provide standards that reflect U.S. Standards for Condition of Food FOR FURTHER INFORMATION CONTACT: current industry practices. Finally, the Containers needs to be revised. The Lynne Yedinak at the above address, changes concerning removal of OC revisions are necessary in order to Telephone: (202) 720–9939, Fax: (202) curves and other non-substantive provide standards that reflect current 690–1527, or e-mail changes will have no adverse impact on industry practices. Revisions to the U.S. [email protected]. Standards for Condition of Food small or large entities. SUPPLEMENTARY INFORMATION: This rule would not impose any Containers include simplifying Tables I, additional reporting or recordkeeping I–A, II, II–A, III, III–A, and III–B for Executive Order 12866 Regulatory requirements on either small or large sampling plans for normal, tightened, Flexibility Act establishments. In addition, the and reduced condition of container This proposed rule has been Department has not identified any inspection to reflect the type of determined to be not significant for relevant Federal rules that duplicate, sampling plan used (single or double). purposes of Executive Order 12866 and, overlap or conflict with the Standards. It also includes updating the Acceptable therefore, has not been reviewed by the AMS is committed to complying with Quality Levels (AQLs), Tables IV— Office of Management and Budget. the E–Government Act, to promote the Metal Containers, V—Glass Containers, Pursuant to requirements set forth in use of the Internet and other VI—Rigid and Semirigid Containers, the Regulatory Flexibility Act (RFA) (5 information technologies to provide VII—Flexible Containers (Plastic, Cello, U.S.C. 601–612), AMS has considered increased opportunities for citizen Paper, Textile, etc.), and X—Defects of the economic impact of this action on access to Government information and Label, Marking, or Code (currently Table small entities. Accordingly, AMS has services, and for other purposes. VIII) to incorporate new defects and prepared this initial regulatory updating current defects to include flexibility analysis. Executive Order 12988 defects that would correspond to new The purpose of the RFA is to fit The rule has been reviewed under packaging technologies such as aseptic regulatory action to the scale of business Executive Order 12988, Civil Justice packaging, metal cans with easy open subject to such actions in order that Reform. There are no administrative lids, and plastic rings that hold several small businesses will not be unduly or procedures which must be exhausted containers together. This revision also disproportionately burdened. prior to any judicial challenge to the proposes adding new defect tables There are approximately 26,361 provisions of this rule. entitled Table VIII—Unitizing (Plastic or establishments identified in the 1997 other type of casing/unitizing) and Economic Census as belonging to the Background Table IX—Interior Can Defects. Finally, North American Industry Classification The U.S. Standards for Condition of removing the Operating Characteristic System under the classification of ‘‘food Food Containers (Standards) currently (OC) curves for on-line sampling and manufacturing’’ and any number of provides sampling procedures and VerDate Nov<24>2008 15:20 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\19NOP1.SGM 19NOP1 erowe on DSK5CLS3C1PROD with PROPOSALS-1 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules 59921 acceptance criteria for the inspection of plans for normal, tightened, and PART 42—[AMENDED] stationary lots of filled food containers, reduced inspection by the type of which includes skip lot sampling and sampling plan used (single or double), 1. The authority citation for part 42 inspection procedures. It also provides as well as updating the Acceptable continues to read as follows: on-line sampling and inspection Quality Levels (AQLs); (2) updating Authority: 7 U.S.C. 1622, 1624. procedures food containers during Tables IV—Metal Containers, V—Glass 2. § 42.102 is amended by: production. Containers, VI—Rigid and Semirigid a. Removing the terms Operating Stationary lot sampling is the process Containers, VII—Flexible Containers Characteristic Curve (OC Curve) and of randomly selecting sample units from (Plastic, Cello, Paper, Textile, etc.), and Probability of acceptance, which a lot whose production has been X—Defects of Label, Marking, or Code includes (a) For stationary lot sampling completed. This type of lot is usually (currently Table VIII) to incorporate new and (b) For On-line Sampling; and stored in a warehouse or in some other defects and revising current defects to storage facility and is offered for reflect the new packaging technologies b. Revising the terms Administrator, inspection. such as aseptic packaging, metal cans Lot or inspection lot, Sample size (n), Skip lot sampling is a special with easy open lids, and plastic rings and Stationary lot sampling to read as procedure for inspecting stationary lots that hold several containers together; (3) follows: in which only a fraction of the adding new defect tables, Table VIII— § 42.102 Definitions, general. submitted lots are inspected. Skip lot Unitizing (Plastic or other type of * * * * * inspection can only be instituted when casing/unitizing) and Table IX—Interior a certain number of lots of essentially Administrator. The Administrator of Can Defects; (4) removing the Operating the Agricultural Marketing Service the same quality have been Characteristic (OC) curves; and (5) other consecutively accepted. To be (AMS) of the Department or any other minor non-substantive changes to officer or employee of the Agency who acceptable under the examination clarify and to determine non-substantive criteria in the standards, lots may is delegated, or who may be delegated changes. the authority to act in his stead. contain only a limited number of defects These revisions to existing tables, * * * * * classified as minor, major, and critical. addition of new tables, removal of OC Lot or inspection lot. A collection of Acceptance criteria are based on curves, and updating language in the filled food containers of the same size, sampling plans for different lot sizes container standards would enable the type, and style. The term shall mean and levels of inspection such as normal, standards to be applicable to most types ‘‘inspection lot,’’ i.e., a collection of reduced, or tightened. Defect tables of food containers and align the units of product from which a sample is classify the severity of the defect. standards to reflect current industry to be drawn and inspected to determine On-line sampling and inspection is a practices. procedure in which subgroups of conformance with the applicable OC Curves found in §§ 42.140, 42.141, sample units or individual containers acceptance criteria. An inspection lot 42.142, and 42.143 from Subpart E— are selected randomly from pre- may differ from a collection of units Miscellaneous, are proposed to be designated portions of production. The designated as a lot for other purposes completely removed.