Potatoes; Grade Standards, 55356-55367 [06-7819]

Download as PDF 55356 Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules transaction is prohibited by law includes: (1) The Administration of the Antidumping and Countervailing Duty Statutes. (2) The export Trading Company Act Certification of Review Program. (3) Trade Adjustment Assistance Program Certification. (4) Foreign Trade Zones Act of 1934, as amended. (5) Statutory Import Program. § 1326.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions? In addition to the contracts covered under 2 CFR 180.220(b) of the OMB guidance, this part applies to a subcontract that is awarded by a participant in a procurement transaction covered under 2 CFR 180.220(a), if the amount of the subcontract exceeds or is expected to exceed $25,000. This extends the coverage of the Department of Commerce nonprocurement suspension and debarment requirements to one additional tier of contracts under covered nonprocurement transactions, as permitted under the OMB guidance at 2 CFR 180.220(c) (see optional lower tier coverage in the figure in the Appendix to 2 CFR part 180). Subparts E–H—[Reserved] Subpart I—Definitions § 1326.970 Nonprocurement transaction (Department of Commerce supplement to government-wide definition at 2 CFR 180.970). For purposes of the Department of Commerce, nonprocurement transaction includes the following: (a) Joint project Agreements under 15 U.S.C. § 1525. (b) Cooperative research and development agreements. (c) Joint statistical agreements. (d) Patent licenses under 35 U.S.C. § 207. (e) NTIS joint ventures, 15 U.S.C. § 3704b. Subpart J—[Reserved] Title 15, Commerce and Foreign Trade Part 26—Department of Commerce PART 26—[REMOVED] 2. Remove Part 26. Title 15, Commerce and Foreign Trade PART 14—DEPARTMENT OF COMMERCE 3. The authority citation for part 14 continues to read as follows: Subpart C—Responsibilities of Participants Regarding Transactions Authority: 5 U.S.C. 301; OMB Circular A– 110 (64 FR 54926, October 8, 1999). § 1326.332 What methods must I use to pass requirements down to participants at lower tiers with whom I intend to do business? 4. Section 14.13 is amended by removing the citation ‘‘15 CFR Part 26’’ and adding in its place the citation ‘‘2 CFR Part 1326’’. You as a participant must include a term or condition in lower-tier transactions requiring lower-tier participants to comply with Subpart C of the OMB guidance in 2 CFR Part 180, as supplemented by this subpart. [FR Doc. 06–8022 Filed 9–21–06; 8:45 am] jlentini on PROD1PC65 with PROPOSAL § 1326.437 What method do I use to communicate to a participant the requirements described in the OMB guidance at 2 CFR 180.435? BILLING CODE 3510–FA–P DEPARTMENT OF AGRICULTURE SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 19:43 Sep 21, 2006 Jkt 208001 7 CFR Part 51 [Docket Number FV–06–303] Potatoes; Grade Standards Agricultural Marketing Service, USDA. ACTION: Proposed rule. AGENCY: To communicate to a participant the requirements described in 2 CFR 180.435 of the OMB guidance, you must include a term or condition in the transaction that requires the participant’s compliance with subpart C of 2 CFR part 180, as supplemented by Subpart C of this part, and requires the participant to include a similar term or condition in lower-tier covered transactions. Comments must be received by November 21, 2006. ADDRESSES: Interested persons are invited to submit written comments concerning this proposal. Comments must be sent to the Standardization Section, Fresh Products Branch, Fruit and Vegetable Programs, Agricultural Marketing Service, U.S. Department of Agriculture, 1400 Independence Ave., SW., Room 1661 South Building, Stop 0240, Washington, DC 20250–0240; Fax (202) 720–8871, E-mail FPBDocketclerk@usda.gov. Comments should make reference to the date and page number of this issue of the Federal Register and will be made available for public inspection in the above office during regular business hours. Comments can also be submitted on the Internet at: https://www.regulations.gov. The current United States Standards for Grades of Potatoes, along with the proposed changes, will be available either through the address cited above or by accessing the AMS, Fresh Products Branch Web site at: https:// www.ams.usda.gov/standards/ stanfrfv.htm. DATES: FOR FURTHER INFORMATION CONTACT: Cheri Emery, at the above address or call (202) 720–2185; E-mail Cheri.Emery@usda.gov. Agricultural Marketing Service Subpart D—Responsibilities of Federal Agency Officials Regarding Transactions potatoes are subject to import requirements under the Agricultural Marketing Agreement Act of 1937. The changes being proposed are the results of the detailed work performed by the Joint U.S./Canadian Potato Council that was charged with harmonizing the U.S. and Canadian Potato Grade Standards. The purpose for this revision is to update and revise the standards to more accurately represent today’s marketing practices. SUMMARY: This proposed rule would revise the United States Standards for Grades of Potatoes. These standards are issued under the Agricultural Marketing Act of 1946. The use of these grading standards is voluntary unless potatoes are under a marketing order that provides for certain requirements set forth in the grade standards or the PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 Executive Order 12866 and 12988 The Office of Management and Budget has waived the review process required by Executive Order 12866 for this action. 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 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 the rule. Regulatory Flexibility Act and Paperwork Reduction Act The Joint U.S./Canadian Council, which was established by the United E:\FR\FM\22SEP1.SGM 22SEP1 jlentini on PROD1PC65 with PROPOSAL Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules States Secretary of Agriculture and the Canadian Minister of Agriculture was charged with harmonizing the U.S. and Canadian grade standards. The United States Standards for Grades of Potatoes was last revised in 1991. The Council, which consists of representatives from the industry and government, meets annually to discuss issues concerning cross border marketing and trade of potatoes. AMS and the Canadian Food Inspection Agency (CFIA) have been working with the Council for the past 14 years in the harmonizing of the standards. To complete the harmonization process both the Canadian and U.S. grade standards require a revision. The revisions being proposed will benefit all aspects of the potato industry and make the standards current with today’s marketing trends and practices. Pursuant to the requirements set forth in the Regulatory Flexibility Act (RFA), AMS has considered the economic impact of this action on 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. Accordingly, AMS has prepared this initial regulatory flexibility analysis. Interested parties are invited to submit information on the regulatory and informational impacts of this action on small businesses. This rule will revise the U.S. Standards for Grades of Potatoes that were issued under the Agricultural Marketing Act of 1946. Standards issued under the 1946 Act are voluntary. Small agricultural service firms, which include handlers, have been defined by the Small Business Administration (SBA) (13 CFR 121.201) as those having annual receipts of less than $6,500,000, and small agricultural producers are defined as those having annual receipts of less than $750,000. Using annual data from the National Agricultural Statistics Service (NASS), the average potato crop value for 2002– 2004 is $2.538 billion. Dividing that figure by 9,408 farms yields an average potato crop value per farm of just under $270,000. Since this is well under the SBA threshold of annual receipts of $750,000, it can be concluded that the majority of these producers may be classified as small entities. Additional evidence comes from examining the Agricultural Census acreage breakdown more closely. Out of a total of 9,408 potato farms in 2002, 60 percent were under 5 acres and 76 percent were under 100 acres. An estimate of the number of acres that it would take to produce a crop valued at VerDate Aug<31>2005 19:43 Sep 21, 2006 Jkt 208001 $750,000 can be made by dividing the 2002–04 average crop value of $2.538 billion by three-year average bearing acres (1.227 million), yielding an average potato revenue per acre estimate of $2,068. Dividing $750,000 by $2,068 shows that farms with at least 363 acres that received at least the average price in 2002–04 would have produced crops valued at $750,000 or more, and would be therefore be considered large potato farms under the SBA definition. Looking at farm numbers for additional census size categories shows that 8,084 potato farms (86 percent) are under 250 acres and 8,735 (92 percent) are under 500 acres. Since a farm with 363 acres of potatoes falls into middle of this range, it can be concluded that the proportion of small potato farms under the SBA definition is likely to be between 86 and 90 percent of all U.S. potato farms. This proposed rule would: Develop en route or at destination tolerances for the U.S. No. 1 and U.S. No. 2 grades, revise current tolerances in all grades, delete the ‘‘Unclassified’’ section, and define damage and serious damage by the following defects which will be added to Table III of the External Defects section: Cuts, Clipped Ends, Elephant Hide, Flattened or Depressed Areas/ Pressure Bruises, Grub Damage, Nematode (Root Knot), Rodent or Bird Damage, Russeting, Silver Scurf, Sunken Discolored Areas, and Surface Cracks. The following defects and scoring guidelines that are currently listed in Table III of the External Defects section would be modified to reflect current inspection instructions: Air Cracks, Bruises, External Discoloration, Flea Beetle Injury, Greening, Growth Cracks, Rhizoctonia, Pitted Scab, Russet Scab, Surface Scab, and Wireworm or Grass Damage. Also, a revision to the current scoring guide for sprouts is being proposed. In the Internal Defects section, Internal Black Spot would be revised by implementing a color chip to assist in the scoring of this defect. Also, Table IV in this section would be redesignated as Table 1. Additionally, a revised large size is being proposed as well as adding Chef and Creamer sizes. The effects of this rule are not expected to be disproportionately greater or smaller for small handlers or producers than for larger entities. This proposed action would make the standard more consistent and uniform with marketing trends and practices. This proposed action will not impose any additional reporting or recordkeeping requirements on either small or large potato producers, handlers, or importers. USDA has not identified any Federal rules that PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 55357 duplicate, overlap, or conflict with this rule. However, there are marketing programs which regulate the handling of potatoes under (7 CFR parts 945–948 and 953). Potatoes under a marketing order have to meet certain requirements set forth in the grade standards. In addition, potatoes are subject to Section 8e import requirements under the Agricultural Marketing Act of 1937, as amended (7 U.S.C. 601–674) which requires imported potatoes to meet grade, size, and quality under the applicable marketing order (7 CFR part 980). Alternatives were considered for this action. One alternative would be to not issue a proposed rule. However, the need for revisions have increased as a result of changing market characteristics. The proposal represents approximately 14 years of research, surveys, and other input from all sectors of the potato industry and government. The purpose of these proposed standards is to facilitate the marketing of agricultural commodities. Background and Proposed Rule In 1991, the Joint U.S./Canadian Council was established by the U.S. Secretary of Agriculture and the Canadian Minister of Agriculture to discuss issues concerning cross border marketing and trade of potatoes. The Council was charged with working towards harmonizing the U.S. and Canadian Potato Grade Standard. Government representatives from both countries have been providing technical assistance and guidance to the Council with regard to the interpretation of the standards and scoring guides of defects. The Council formed a Grade Harmonization Committee (Committee) to work on the harmonization of the two standards. The harmonization process was divided into several phases. The Committee began by focusing its attention on defects that could be harmonized with adjustments that would not involve a revision of the standards. These defects include those for which the scoring guides were defined in inspection instruction handbooks or ones for which the scoring guides are listed in the standards as scorable when ‘‘materially or seriously affecting the appearance.’’ The defining of ‘‘materially or seriously affecting the appearance’’ for certain defects will also provide for more uniformity with regard to how the U.S. standards are applied nationwide. The final phase of the harmonization process requires a revision to the United States Standards for Grades of Potatoes. This proposed rule would: Develop en route or at destination tolerances for the E:\FR\FM\22SEP1.SGM 22SEP1 55358 Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules U.S. No. 1 and U.S. No. 2 grades, revise current tolerances in all grades, delete the ‘‘Unclassified’’ section, and define damage and serious damage by the following defects which will be added to Table III of the External Defects section: Cuts, Clipped Ends, Elephant Hide, Flattened or Depressed Areas/ Pressure Bruises, Grub Damage, Nematode (Root Knot), Rodent or Bird Damage, Russeting, Silver Scurf, Sunken Discolored Areas, and Surface Cracks. Also, the following defects and scoring guidelines that are currently listed in Table III of the External Defects section would be updated to better reflect current inspection instructions: Air Cracks, Bruises, External Discoloration, Flea Beetle Injury, Greening, Growth Cracks, Rhizoctonia, Pitted Scab, Russet Scab, Surface Scab, and Wireworm or Grass Damage. Also, a revision to the current scoring guide for sprouts is being proposed. In the Internal Defects section, Internal Black Spot would be revised by implementing a color chip to assist in the scoring of this defect. Also, Table IV in this section would be redesignated as Table 1. Additionally, a revised large size is being proposed as well as adding Chef and Creamer sizes. In an effort to clearly outline these proposed changes, the first column of the following chart shows the section as it currently reads, the second column shows the proposed change and the third column states why the change is being proposed: Current standard Proposed standard Discussion § 51.1540 U.S. Extra No. 1 ................................ ‘‘U.S. Extra No. 1’’ consists of potatoes which meet the following requirements: (a) Similar varietal characteristics; (b) Firm; (c) Clean; (d) At least fairly well matured; (e) Fairly well shaped, with 50 percent or more well shaped; (f) Free from; (1) Freezing; (2) Blackheart; (3) Late blight, southern bacterial wilt and ring rot; and, (4) Soft rot and wet breakdown. (g) Free from injury caused by: (1) Sprouts; and, (2) Internal defects. (h) Free from damage by any other cause. See §§ 51.1564 and 51.1565. (i) Size. The potatoes shall be not less than 21⁄4 inches in diameter or 5 ounces in weight and shall not vary more than 11⁄4 inches in diameter or more than 6 ounces in weight. (j) For tolerances see § 51.1546. § 51.1544 Unclassified ....................................... ‘‘Unclassified’’ consists of potatoes which have not been classified in accordance with any of the foregoing grades. The term ‘‘unclassified’’ is not a grade within the meaning of these standards but is provided as a designation to show that no grade has been applied to the lot. § 51.1545 Size .................................................... (See Current Table I) § 51.1540 (Reserved) ....................................... A deletion to the U.S. Extra No. 1 grade and all reference to the U.S. Extra No. 1 grade is being proposed as this grade is no longer utilized by the industry. § 51.1544 (Reserved) ....................................... When changing or updating standards in recent years, references to ‘‘Unclassified’’ have been removed in an attempt to eliminate the confusion this term creates. People have incorrectly assumed that ‘‘Unclassified’’ is an actual grade name. To avoid further confusion it is proposed that all references to this term be eliminated. It is being proposed that a Chef and Creamer size be added to reflect current marketing practices. Also, being proposed is the maximum diameter or weight for the Large size to be 41⁄2 inches or 28 ounces based on a request by the Committee. (Revising, See Proposed Table I) ................... CURRENT TABLE I Minimum diameter 1 or weight Size designation jlentini on PROD1PC65 with PROPOSAL Inches Size A 2 ...................................................................................................................... Size B ........................................................................................................................ Small .......................................................................................................................... Medium ...................................................................................................................... Large .......................................................................................................................... Maximum diameter 1 or weight Ounces 17⁄8 11⁄2 13⁄4 21⁄4 3 (3) (3) (3) 5 10 1 Diameter Inches (3) 21⁄4 21⁄2 3 1 ⁄4 41⁄4 Ounces (3) (3) 6 10 16 means the greatest dimension at right angles to the longitudinal axis, without regard to the position of the stem end. addition to the minimum size specified, a lot of potatoes designated as Size A shall contain at least 40 percent of potatoes which are 21⁄2 inches in diameter or larger or 6 ounces in weight or larger. 2 In VerDate Aug<31>2005 19:43 Sep 21, 2006 Jkt 208001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\22SEP1.SGM 22SEP1 55359 Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules 3 No requirement. PROPOSED TABLE I Maximum diameter 1 or weight Minimum diameter 1 or weight Size designation Inches Creamer ..................................................................................................................... Chef ........................................................................................................................... Size A 2 ...................................................................................................................... Size B ........................................................................................................................ Small .......................................................................................................................... Medium ...................................................................................................................... Large .......................................................................................................................... Ounces (3) 8 (3) (3) (3) 5 10 3⁄4 23⁄4 17⁄8 11⁄2 13⁄4 21⁄4 3 Inches 1 5 ⁄8 41⁄2 (3) 21⁄4 21⁄2 3 1 ⁄4 41⁄2 Ounces (3) 28 (3) (3) 6 10 28 1 Diameter means the greatest dimension at right angles to the longitudinal axis, without regard to the position of the stem end. addition to the minimum size specified, a lot of potatoes designated as Size A shall contain at least 40 percent of potatoes which are 21⁄2 inches in diameter or larger or 6 ounces in weight or larger. 3 No requirement. 2 In jlentini on PROD1PC65 with PROPOSAL Current standard Proposed standard Discussion § 51.1546 Tolerances ....................................... To allow for variations incident to proper grading and handling in each of the foregoing grades, the following tolerances by weight or equivalent basis, are provided as specified. (a) For defects—(1) U.S. Extra No. 1. A total of 5 percent for potatoes in any lot which fail to meet the requirements for the grade: Provided, That not more than two-fifths of this tolerance, or 2 percent, shall be allowed for potatoes which are affected by freezing, southern bacterial wilt, ring rot, late blight, soft rot or wet breakdown, including therein not more than one-half of 1 percent for potatoes which are frozen or affected by soft rot or wet breakdown. See § 51.1547. (2) U.S. No. 1. A total of 8 percent for potatoes in any lot which fail to meet the requirements for the grade: Provided, That included in this tolerance not more than the following percentages shall be allowed for the defects listed:. (i) 5 percent for external defects; (ii) 5 percent for internal defects; or, (iii) 3 percent for potatoes which are affected by freezing, southern bacterial wilt, ring rot, late blight, soft rot or wet breakdown, including therein not more than 1 percent for potatoes which are frozen or affected by soft rot or wet breakdown. See § 51.1547 (3) U.S. Commercial. A total of 20 percent for potatoes in any lot which fail to meet the requirements for the grade: Provided, That included in this tolerance not more than the following percentages shall be allowed for the defects listed: (i) 10 percent for potatoes which fail ito meet the requirements for U.S. No. 2 grade, including therein not more than: (ii) 6 percent for external defects; (iii) 6 percent for internal defects; or, (iv) 3 percent for potatoes which are affected by freezing, southern bacterial wilt, ring rot, late blight, soft rot or wet breakdown, including therein not more than 1 percent for potatoes which are frozen or affected by soft rot or wet breakdown. See § 51.1547 § 51.1546 Tolerances .................................... To allow for variations incident to proper grading and handling in each of the foregoing grades, the following tolerances by weight or equivalent basis, are provided as specified. (a) For defects—(1) U.S. No. 1. Shipping Point: A total of 8 percent for potatoes in any lot which fail to meet the requirements for the grade: Provided, That included in this tolerance not more than the following percentages shall be allowed for the defects listed: (i) 5 percent for external defects; (ii) 5 percent for internal defects; (iii) including therein not more than 1 percent for potatoes which are frozen or affected by soft rot or wet breakdown En route or at Destination: A total of 10 percent for potatoes in any lot which fail to meet the requirements for the grade: Provided, That included in this tolerance not more than the following percentages shall be allowed for the defects listed: (i) 7 percent for external defects; (ii) 7 percent for internal defects; (iii) Including therein not more than 2 percent for potatoes which are frozen or affected by soft rot or wet breakdown. See § 51.1547 Due to the deletion of the U.S. Extra No. 1 grade, paragraph (2) will be redesignated as paragraph (1). Based on the harmonizing of the U.S. and Canadian standard it is being proposed that the 3 percent restrictive tolerance for freezing, southern bacterial wilt, ring rot, late blight, soft rot or wet breakdown be deleted. Also, the proposed establishment of an ‘‘En Route or At Destination’’ tolerance to the U.S. No. 1 grade will be consistent with similar standards. (2) U.S. Commercial. A total of 20 percent for potatoes in any lot which fail to meet the requirements for the grade: Provided, That included in this tolerance not more than the following percentages shall be allowed for the defects listed: (i) 10 percent for potatoes which fail to meet the requirements for U.S. No. 2 grade, including including therein not more than: (ii) 6 percent for external defects; (iii) 6 percent for internal defects; or, (iv) Including therein not more than 1 percent for potatoes which are frozen or affected by soft rot or wet breakdown. See § 51.1547 Due to the redesignating of paragraph (2), paragraph (3) will be redesignated as paragraph (2). Based on the harmonizing of the U.S. and Canadian standards it is being proposed that the 3 percent restrictive tolerance for freezing, southern bacterial wilt, ring rot, late blight, soft rot or wet breakdown be deleted. VerDate Aug<31>2005 19:49 Sep 21, 2006 Jkt 208001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\22SEP1.SGM 22SEP1 55360 Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules Current standard Proposed standard Discussion (4) U.S. No. 2. A total of 10 percent for potatoes in any lot which fail to meet the requirements for the grade: Provided, That included in this tolerance not more than the following percentages shall be allowed for the defects listed: (i) 6 percent for external defects; (ii) 6 percent for internal defects; or, (iii) 3 percent for potatoes which are affected by freezing, southern bacterial wilt, ring rot, late blight, soft rot or wet breakdown, including therein not more than 1 percent for potatoes which are frozen or affected by soft rot or wet breakdown. See § 51.1547 (3) U.S. No. 2 ................................................... Shipping Point: A total of 10 percent for potatoes in any lot which fail to meet the requirements for the grade: Provided, That included in this tolerance not more than the following percentages shall be allowed for the defects listed: (i) 6 percent for external defects; (ii) 6 percent for internal defects; (iii) Including therein not more than 1 percent which are frozen or affected by soft rot or wet breakdown En route or at Destination: A total of 12 percent for potatoes in any lot which fail to meet the requirements for the grade: Provided, That included in this tolerance not more than the following percentages shall be allowed for the defects listed: (i) 8 percent for external defects; (ii) 8 percent for internal defects; (iii) Including therein not more than 2 percent for potatoes which are frozen or affected by soft rot or wet breakdown Damage: When removal causes a loss of more than 5 percent of the total weight of the potato or when the air crack(s) affects more than 1⁄3 the length or diameter of the potato (whichever is greater) in the aggregate. Serious Damage: When removal causes a loss of more than 10 percent of the total weight of the potato or when the air crack(s) affects more than 3⁄4 the length or diameter of the potato (whichever is greater) in the aggregate. BRUISES (not including pressure bruises and sunken discolored areas). Damage: When materially detracting from appearance of potato or when removal causes loss of more than 5 percent of the total weight of the potato or when the area affected is more than 5 percent of the surface in the aggregate (i.e. 3⁄4 inch on a 21⁄2 inch or 6 oz. potato). Correspondingly lesser or greater areas in smaller or larger potatoes. Serious Damage: When seriously detracting from appearance of potato or when removal causes a loss of more than 10 percent of the total weight of the potato or when the area affected is more than 10 percent of the surface in the aggregate (i.e. 11⁄4 inches on a 21⁄2 inch or 6 oz. potato). Correspondingly lesser or greater areas in smaller or larger potatoes. CUTS Damage: When one smooth cut affects more than 5 percent of the surface area. Serious Damage: Cut(s) that affect more than 10 percent of the surface area in the aggregate or when a single side cut extends beyond 1⁄2 the length of the potato. ELEPHANT HIDE Damage: When affecting over 10 percent of the surface area of the potato. Serious Damage: When affecting over 25 percent of the surface area. Due to the redesignating of paragraph (3), paragraph (4) will be redesignated as paragraph (3). Based on the harmonizing of the U.S. and Canadian standards it is being proposed that the 3 percent restrictive tolerance for freezing, southern bacterial wilt, ring rot, late blight, soft rot or wet breakdown be deleted. Also, the proposed establishment of an ‘‘En Route or At Destination’’ tolerance to the U.S. No. 2 grade will be consistent with similar standards. § 51.1564 External Defects .............................. AIR CRACKS Damage: When materially detracting from appearance of potato. Serious Damage: When seriously detracting from appearance of potato. jlentini on PROD1PC65 with PROPOSAL BRUISES ............................................................ Damage: When materially detracting from appearance of potato. Or, when removal causes loss of more than 5 percent of total weight of potato. Serious Damage: When seriously detracting from appearance of potato. Or, when removal causes loss of more than 10 percent of total weight of potato. VerDate Aug<31>2005 19:43 Sep 21, 2006 Jkt 208001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 Adding specific scoring criteria, as currently defined in the inspection instructions, for materially and seriously detracting would provide an objective means of evaluating this defect. Revising the scoring criteria, as currently defined in the inspection instructions, would provide an objective means of evaluating this defect. Currently there is no specific scoring criteria for this defect in the standards. Adding this to the standard, as defined in the inspection instructions, would provide an objective means of evaluating this defect. Currently there is no specific scoring criteria for this defect in the standards. Adding this to the standard, as defined in the inspection instructions, would provide an objective means of evaluating this defect. E:\FR\FM\22SEP1.SGM 22SEP1 Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules 55361 Current standard Proposed standard Discussion EXTERNAL DISCOLORATION .......................... Damage: When materially detracting from appearance of potato. Serious Damage: When seriously detracting from appearance of potato. Areas that are light tan or lighter in color and blends should be ignored. Damage: When more than 30 percent of the surface is affected by light tan or light brown colors which do not blend or when more than 15 percent of the surface is affected by colors darker than light tan or light brown. Serious Damage: When more than 60 percent of the surface is affected by light tan or light brown colors which do not blend or when more than 30 percent of the surface is affected by colors darker than light tan or light brown. FLATTENED OR DEPRESSED AREAS/ PRESSURE BRUISES Damage: When removal of underlying discolored flesh causes a loss of more than 5 percent of the total weight of the potato or when the flattened or depressed area(s) covers more surface area than allowed in Table IV. (See Table IV.) Serious Damage: When removal of underlying discolored flesh causes a loss of more than 10 percent of the weight of the potato or when the flattened depressed area(s) covers more surface area than allowed in the Table IV. (See Table IV.) Adding specific scoring criteria, as currently defined in the inspection instructions, for ‘‘materially’’ and ‘‘seriously detracting’’ would provide an objective means of evaluating this defect. FLEA BEATLE INJURY Damage: When materially detracting from appearance of potato. Or, when removal causes loss of more than 5 percent of total weight of potato. Serious Damage: When seriously detracting from appearance of potato. Or, when removal causes loss of more than 10 percent of total weight of potato. GREENING Damage: When materially detracting from appearance of potato. Or, when removal causes loss of more than 5 percent of total weight of potato. Serious Damage: When seriously detracting from appearance of potato. Or, when removal causes loss of more than 10 percent of total weight of potato. jlentini on PROD1PC65 with PROPOSAL GROWTH CRACKS Damage: When materially detracting from appearance of potato. Serious Damage: When seriously detracting from appearance of potato. VerDate Aug<31>2005 19:43 Sep 21, 2006 Jkt 208001 Currently there is no specific scoring criteria for this defect in the standards. Adding this to the standard, as defined in the inspection instructions, would provide an objective means of evaluating this defect. Damage: When removal causes a loss of more than 5 percent of the total weight of the potato or when the area affected is more than 5 percent of the surface in the aggregate. Serious Damage: When removal causes a loss of more than 10 percent of the weight of the potato or when the area affected is more than 10 percent of the surface in the aggregate. Adding specific scoring criteria, as currently defined in the inspection instructions, for ‘‘materially’’ and ‘‘seriously detracting’’ would provide an objective means of evaluating this defect. Damage: When removal causes a loss of more than 5 percent of the total weight of the potato or when green color affects more than 25 percent of the surface in the aggregate. Serious Damage: When removal causes a loss of more than 10 percent of the weight of the potato or when the green color affects more than 50 percent of the surface in the aggregate. Adding specific scoring criteria, as currently defined in the inspection instructions, for ‘‘materially’’ and ‘‘seriously detracting’’ would provide an objective means of evaluating this defect. Damage: When the growth crack(s) affects more than 1⁄2 the length of the potato in the aggregate on round varieties or more than 1⁄3 the length in the aggregate on long varieties or when the depth is greater than that as outlined in Table V. (See Table V.) Serious Damage: When the growth crack(s) affects more than 3⁄4 the length of the potato in the aggregate or when the depth is greater than that as outlined in Table V. (See Table V.) GRUB DAMAGE. Adding specific scoring criteria, as currently defined in the inspection instructions, for ‘‘materially’’ and ‘‘seriously detracting’’ would provide an objective means of evaluating this defect. PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\22SEP1.SGM 22SEP1 55362 Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules Current standard Proposed standard Damage: When removal causes a loss of more than 5 percent of the total weight of the potato or when affecting more than 5 percent of the surface area (i.e. more than 3⁄4 inch on a 21⁄2 inch or 6 ounce potato). Correspondingly lesser or greater areas in smaller or larger potatoes. Serious Damage: When removal causes a loss of more than 10 percent of the total weight of the potato or when affecting more than 10 percent of the surface area (i.e. more than 3⁄4 inch on a 21⁄2 inch or 6 ounce potato). Correspondingly lesser or greater areas in smaller or larger potatoes. NEMATODE (ROOT KNOT) Damage: When removal causes a loss of more than 5 percent of the total weight of the potato. Serious Damage: When removal causes a loss of more than 10 percent of the total weight of the potato. RHIZOCTONIA (BLACK SCURF) Damage: When materially detracting from appearance of potato. Serious Damage: When seriously detracting from appearance of potato. Discussion Currently there is no specific scoring criteria for this defect in the standards. Adding this to the standard, as defined in the inspection instructions, would provide an objective means of evaluating this defect. Damage: When affecting more than 15 percent of the surface in the aggregate. Serious Damage: When affecting more than 50 percent of the surface in the aggregate. Adding specific scoring criteria, as currently defined in the inspection instructions, for ‘‘materially’’ and ‘‘seriously detracting’’ would provide an objective means of evaluating this defect. RODENT AND BIRD DAMAGE Damage: When removal causes a loss of more than 5 percent of the total weight of the potato or when affecting more than 5 percent of the surface area (i.e. more than 3⁄4 inch on a 21⁄2 inch or 6 ounce potato). Correspondingly lesser or greater areas in smaller or larger potatoes. Serious Damage: When removal causes a loss of more than 10 percent of the total weight of the potato or when affecting more than 10 percent of the surface area (i.e. more than 3⁄4 inch on a 21⁄2 inch or 6 ounce potato). Correspondingly lesser or greater areas in smaller or larger potatoes. RUSSETING (On Non Russet Type). Damage: When more than 50 percent of the surface is affected in the aggregate. Serious Damage: N/A jlentini on PROD1PC65 with PROPOSAL SCAB, PITTED Damage: When materially detracting from appearance of potato. Or, when removal causes loss of more than 5 percent of total weight of potato. Serious Damage: When seriously detracting from appearance of potato. Or, when removal causes loss of more than 10 percent of total weight of potato. SCAB, RUSSET Damage: When materially detracting from appearance of potato. Serious Damage: When seriously detracting from appearance of potato. VerDate Aug<31>2005 19:43 Sep 21, 2006 Jkt 208001 Currently there is no specific scoring criteria for this defect in the standards. Adding this to the standard, as defined in the inspection instructions, would provide an objective means of evaluating this defect. Currently there is no specific scoring criteria for this defect in the standards. Adding this to the standard, as defined in the inspection instructions, would provide an objective means of evaluating this defect. Currently there is no specific scoring criteria for this defect in the standards. Adding this to the standard, as defined in the inspection instruction, would provide an objective means of evaluating this defect. Damage: When removal causes a loss of more than 5 percent of the total weight of the potato or when scab affects an aggregate area of more than 1⁄2 inch (based on a potato 21⁄2 inches in diameter or 6 oz. in weight). Correspondingly lesser or greater areas in smaller or larger potatoes. Serious Damage: When the removal causes a loss of more than 10 percent of the total weight of the potato or when scab affects an aggregate area of more than 1 inch (based on a potato 21⁄2 inches in diameter or 6 oz. in weight). Correspondingly lesser or greater areas in smaller or larger potatoes. Adding specific scoring criteria, as currently defined in the inspection instructions, for ‘‘materially’’ and ‘‘seriously detracting’’ would provide an objective means of evaluating this defect. Damage: When smooth russeting affects more than 1⁄3 of the surface or when rough russet scab affects more than 10 percent of the surface in the aggregate. Serious Damage: When rough russeting affects more than 25 percent of the surface in the aggregate. Adding specific scoring criteria, as currently defined in the inspection instruction, for ‘‘materially’’ and ‘‘seriously detracting’’ would provide an objective means of evaluating this defect. PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\22SEP1.SGM 22SEP1 Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules Current standard Proposed standard SCAB, SURFACE Damage: When more than 5 percent of surface affected. Serious Damage: When more than 25 percent of surface affected. SPROUTS Damage: When more than 10 percent of the potatoes in any lot have any sprout more than 3⁄4 inch in length or have individual sprouts or cluster of sprouts which materially detract from the appearance of the potato. Discussion Damage: When more than 5 percent of the surface in the aggregate is affected. Serious Damage: When more than 25 percent of the surface in the aggregate is affected. SILVER SCURF Damage: When affecting more than 50 percent of the surface area of the potato. Serious Damage: When its severity causes a wrinkling of the skin over more than 50 percent of the surface. Adding aggregate to the scoring guide will clarify the guide. Damage: Not more than 5 percent of the potatoes in a lot may have individual or clusters of sprouts not more than 1⁄4 inch at shipping point and 1⁄2 inch at destination. Serious Damage: Not more than 10 percent of the potatoes in a lot may have individual or clusters of sprouts not more than 1⁄2 inch at shipping point and 1 inch at destination. SUNKEN DISCOLORED AREAS SEE TABLE VI. SURFACE CRACKS Areas affected by fine net-like cracking should be ignored. Damage: When smooth shallow cracking affects more than 1⁄3 of the surface or when rough deep cracking affects more than 5 percent of the surface. Serious Damage: When rough deep cracking affects more than 10 percent of the surface. WIREWORM OR GRASS DAMAGE Damage: When any hole in a potato 21⁄2 inches in diameter or 6 ounces in weight is more than 3⁄4 inch long, or when the aggregate length of all holes is more than 11⁄4 inches, or correspondingly shorter or longer holes in smaller or larger potatoes. Serious Damage: When any hole in a potato 21⁄2 inches in diameter or 6 ounces in weight is more than 11⁄2 inches long, or when the aggregate length of all holes is more than 2 inches, or correspondingly shorter or longer holes in smaller or larger potatoes. INTERNAL BLACK SPOT Damage: Maximum Allowed 5 percent waste .... Serious Damage: Maximum Allowed 10 percent waste. jlentini on PROD1PC65 with PROPOSAL List of Subjects in 7 CFR Part 51 19:43 Sep 21, 2006 Jkt 208001 Currently there is no specific scoring criteria for this defect in the standards. Adding this to the standard, as defined in the inspection instructions, would provide an objective means of evaluating this defect. Based on the request of the committee it is being proposed that the scoring guide be revised. Currently there is no specific scoring criteria for this defect in the standards. Adding this to the standard, as defined in the inspection instructions, would provide an objective means of evaluating this defect. Currently there is no specific scoring criteria for this defect in the standards. Adding this to the standard, as defined in the inspection instructions, would provide an objective means of evaluating this defect. Damage: When affecting the flesh of the potato and removal causes a loss of more than 5 percent of the total weight of the potato. Serious Damage: When affecting the flesh of the potato and removal causes a loss of more than 10 percent of the total weight of the potato. Based on the request of the committee it is being proposed that the scoring guide be revised. Damage: When the spot(s) are darker than the official color chip (POT–CC–2) after removing 5 percent of the total weight of the potato. Serious Damage: When the spot(s) are darker than the official color chip (POT–CC–2) after removing 10 percent of the total weight of the potato. AMS is proposing to implement color chip POT–CC–2 into the scoring criteria for internal black spot. AMS developed this color chip at the request of the industry to assist in the scoring of this defect. POT–CC–2 is available for review at the Fresh Products Branch, Fruit and Vegetable Programs, AMS, South Building, Washington, DC or any of the Fresh Product Branch Field offices. § 51.1544 PART 51—[AMENDED] Agricultural commodities, Food grades and standards, Fruits, Nuts, Reporting and recordkeeping requirements, Trees, Vegetables. For reasons set forth in the preamble, 7 CFR part 51 is proposed to be amended as follows: VerDate Aug<31>2005 55363 1. The authority citation for part 51 continues to read as follows: [Removed and reserved] 2. Remove and reserve § 51.1540. PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 § 51.1545 [Amended] 4. In § 51.1545, Table I is revised to read as follows: Authority: 7 U.S.C. 1621–1627. § 51.1540 [Removed and reserved] 3. Remove and reserve § 51.1544 . § 51.1545 Size. * * E:\FR\FM\22SEP1.SGM * 22SEP1 * * 55364 Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules TABLE I Minimum diameter 1 or weight Size designation Inches Creamer ........................................................................................................................... Chef ................................................................................................................................. Size A2 ............................................................................................................................. Size B .............................................................................................................................. Small ................................................................................................................................ Medium ............................................................................................................................ Large ................................................................................................................................ Maximum diameter 1 or weight Ounces Inches ( 3) 8 ( 3) ( 3) ( 3) 5 10 3⁄4 23⁄4 17⁄8 11⁄2 13⁄4 21⁄4 3 1 5 ⁄8 41⁄2 ( 3) 21⁄4 21⁄2 3 1 ⁄4 41⁄2 Ounces ( 3) 28 (3 ) ( 3) 6 10 28 1 Diameter means the greatest dimension at right angles to the longitudinal axis, without regard to the position of the stem end. addition to the minimum size specified, a lot of potatoes designated as Size A shall contain at least 40 percent of potatoes which are 21⁄2 inches in diameter or larger or 6 ounces in weight or larger. 3 No requirement. 2 In * * § 51.1546 * * * [Amended] 5. In § 51.1546, paragraph (a) is revised to read as follows: § 51.1546 Tolerances. * * * * * (a) For defects—(1) U.S. No. 1 at shipping point. A total of 8 percent for potatoes in any lot which fail to meet the requirements for the grade: Provided, That included in this tolerance not more than the following percentages shall be allowed for the defects listed: (i) 5 percent for external defects; (ii) 5 percent for internal defects; (iii) Including therein not more than 1 percent for potatoes which are frozen or affected by soft rot or wet breakdown. (2) En route or at destination. A total of 10 percent for potatoes in any lot which fail to meet the requirements for the grade: Provided, That included in this tolerance not more than the following percentages shall be allowed for the defects listed: (i) 7 percent for external defects; (ii) 7 percent for internal defects; (iii) Including therein not more than 2 percent for potatoes which are frozen or affected by soft rot or wet breakdown. See § 51.1547. (3) U.S. commercial. A total of 20 percent for potatoes in any lot which fail to meet the requirements for the grade: Provided, That included in this tolerance not more than the following percentages shall be allowed for the defects listed: (i) 10 percent for potatoes which fail to meet the requirements for U.S. No. 2 grade, including therein not more than: (ii) 6 percent for external defects; (iii) 6 percent for internal defects; or, (iv) Including therein not more than 1 percent for potatoes which are frozen or affected by soft rot or wet breakdown. See § 51.1547. (4) U.S. No. 2 at shipping point: A total of 10 percent for potatoes in any lot which fail to meet the requirements for the grade: Provided, That included in this tolerance not more than the following percentages shall be allowed for the defects listed: (i) 6 percent for external defects; (ii) 6 percent for internal defects; (iii) Including therein not more than 1 percent for potatoes which are frozen or affected by soft rot or wet breakdown. (5) En route or at destination: A total of 12 percent for potatoes in any lot which fail to meet the requirements for the grade: Provided, That included in this tolerance not more than the following percentages shall be allowed for the defects listed: (i) 8 percent for external defects; (ii) 8 percent for internal defects; (iii) Including therein not more than 2 percent for potatoes which are frozen or affected by soft rot or wet breakdown. See § 51.1547. * * * * * § 51.1564 [Amended] 6. In § 51.1564, Table III is revised and a new Table IV, Table V, and Table VI are added to read as follows: § 51.1564 External defects. * * * * * TABLE III.—EXTERNAL DEFECTS Defect Damage Serious damage Air Cracks ............................ When removal causes a loss of more than 5 percent of the total weight of the potato or when the air crack(s) affects more than 1⁄3 the length or diameter of the potato (whichever is greater) in the aggregate. When unsightly or when concealing any defect causing damage or when penetrating the flesh and removal causes loss of more than 5 percent of total weight of potato. When materially detracting from appearance of potato or when removal causes a loss of more than 5 percent of the total weight of the potato or when the area affected is more than 5 percent of the surface in the aggregate (i.e. 3⁄4 inch on a 21⁄2 inch or 6 oz. potato). Correspondingly lesser or greater areas in smaller or larger potatoes. When one smooth cut affects more than 5 percent of the surface area. When removal causes a loss of more than 10 percent of the total weight of the potato or when the air crack(s) affects more than 3⁄4 the length or diameter of the potato (whichever is greater) in the aggregate. When concealing a serious defect or when penetrating into the flesh and removal causes loss of more than 10 percent of total weight of potato. Artificial Coloring .................. jlentini on PROD1PC65 with PROPOSAL Bruises (Not including pressure bruise and sunken discolored areas). Cuts ...................................... VerDate Aug<31>2005 19:43 Sep 21, 2006 Jkt 208001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 When seriously detracting from appearance of potato or when removal causes a loss of more than 10 percent of the total weight of the potato or when the area affected is more than 10 percent of the surface in the aggregate (i.e. 11⁄4 inches on a 21⁄2 inch or 6 oz. potato). Correspondingly lesser or greater areas in smaller or larger potatoes. Cut(s) that affect more than 10 percent of the surface area in the aggregate or when a single side cut extends beyond 1⁄2 the length of the potato. E:\FR\FM\22SEP1.SGM 22SEP1 Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules 55365 TABLE III.—EXTERNAL DEFECTS—Continued Defect Damage Serious damage Dirt ........................................ When materially detracting from the appearance of the potato. When affecting over 10 percent of the surface area of the potato. When materially detracting from the appearance of the potato. When more than 30 percent of the surface is affected by light tan or light brown colors which do not blend or when more than 15 percent of the surface is affected by colors darker than light tan or light brown. When removal of underlying discolored flesh causes a loss of more than 5 percent of the total weight of the potato or when the flattened or depressed area(s) covers more surface area than allowed in Table IV. (See Table IV.). When materially detracting from the appearance or when removal causes a loss of more than 5 percent of the total weight of the potato or when the area affected is more than 5 percent of the surface in the aggregate. When removal causes a loss of more than 5 percent of the total weight of the potato or when green color affects more than 25 percent of the surface in the aggregate. When the growth crack(s) affects more than 1⁄2 the length of the potato in the aggregate on round varieties or more than 1⁄3 the length in the aggregate on long varieties; or, when the depth is greater than that as outlined in Table V. (See Table V.). When removal causes a loss of more than 5 percent of the total weight of the potato or when affecting more than 5 percent of the surface area (i.e. more than 3⁄4 inch on a 21⁄2 inch or 6 ounce potato). Correspondingly lesser or greater areas in smaller or larger potatoes. (See Serious Damage.) .................................................. When removal causes loss of more than 5 percent of total weight of potato. When affecting more than 15 percent of the surface in the aggregate. When removal causes a loss of more than 5 percent of the total weight of the potato or when affecting more than 5 percent of the surface area (i.e. more than3⁄4 inch on a 21⁄2 inch or 6 ounce potato). Correspondingly lesser or greater areas in smaller or larger potatoes. When more than 50 percent of the surface is affected in the aggregate. When removal causes a loss of more than 5 percent of the total weight of the potato or when scab affects an aggregate area of more than 1⁄2 inch. (Based on a potato 21⁄2 inches in diameter or 6 oz. in weight.) Correspondingly lesser or greater areas in smaller or larger potatoes. Smooth and affecting more than 1⁄3 of the surface or rough russet scab which affects more than 10 percent of the surface in the aggregate. When more than 5 percent of the surface in the aggregate is affected. When materially detracting from the appearance of the potato. When affecting more than 50 percent of the surface area of the potato. Not more than 5 percent of the potatoes in a lot may have individual or clusters of sprouts not more than 1⁄4 inch at shipping point and 1⁄2 inch at destination. When removal causes loss of more than 5 percent of total weight of potato. See Table VI ................................................................... When seriously detracting from the appearance of the potato. When affecting over 25 percent of the surface area. Elephant Hide ...................... Enlarged Lenticels ............... External Discoloration (Areas that are light tan or lighter in color and blends should be ignored.). Flattened or Depressed Areas/Pressure Bruises. Flea Beetle Injury ................. Greening .............................. Growth Cracks ..................... Grub Damage ...................... Insects or Worms ................. Nematode (Root Knot) ......... Rhizoctonia .......................... Rodent or Bird Damage ....... Russeting (On Non Russet Type). Scab, Pitted .......................... Scab, Russet ........................ Scab, Surface ...................... Second Growth .................... jlentini on PROD1PC65 with PROPOSAL Silver Scurf ........................... Sprouts ................................. Sunburn ............................... Sunken Discolored Areas .... VerDate Aug<31>2005 19:43 Sep 21, 2006 Jkt 208001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 When seriously detracting from the appearance of the potato. When more than 60 percent of the surface is affected by light tan or light brown colors which do not blend or when more than 30 percent of the surface is affected by colors darker than light tan or light brown. When removal of underlying discolored flesh causes a loss of more than 10 percent of the weight of the potato or when the flattened depressed area(s) covers more surface area than allowed in the Table IV. (See Table IV.) When seriously detracting from the appearance of the potato or when removal causes a loss of more than 10 percent of the weight of the potato or when the area affected is more than 10 percent of the surface in the aggregate. When removal causes a loss of more than 10 percent of the weight of the potato or when green color affects more than 50 percent of the surface in the aggregate. When the growth crack(s) affects more than 3⁄4 the length of the potato in the aggregate or when the depth is greater than that as outlined in Table V. (See Table V.) When removal causes a loss of more than 10 percent of the total weight of the potato or when affecting more than 10 percent of the surface area (i.e. more than 3⁄4 inch on a 21⁄2 inch or 6 ounce potato). Correspondingly lesser or greater areas in smaller or larger potatoes. When present inside the potato. When removal causes loss of more than 10 percent of total weight of potato. When affecting more than 50 percent of the surface in the aggregate. When removal causes a loss of more than 10 percent of the total weight of the potato or when affecting more than 10 percent of the surface area (i.e. more than 3⁄4 inch on a 21⁄2 inch or 6 ounce potato). Correspondingly lesser or greater areas in smaller or larger potatoes. N/A When the removal causes a loss of more than 10 percent of the total weight of the potato or when scab affects an aggregate area of more than 1 inch. (Based on a potato 21⁄2 inches in diameter or 6 oz. in weight.) Correspondingly lesser or greater areas in smaller or larger potatoes. Rough and affecting more than 25 percent of the surface in the aggregate. When more than 25 percent of the surface in the aggregate is affected. When seriously detracting from the appearance of the potato. When its severity causes a wrinkling of the skin over more than 50 percent of the surface. Not more than 10 percent of the potatoes in a lot may have individual or clusters of sprouts not more than 1⁄2 inch at shipping point and 1 inch at destination. When removal causes loss of more than 10 percent of total weight of potato. See Table VI. E:\FR\FM\22SEP1.SGM 22SEP1 55366 Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules TABLE III.—EXTERNAL DEFECTS—Continued Defect Damage Serious damage Surface Cracks (Areas affected by fine net-like cracking should be ignored). Wireworm or Grass Damage When smooth shallow cracking affects more than 1⁄3 of the surface or when rough deep cracking affects more than 5 percent of the surface. When rough deep cracking affects more than 10 percent of the surface. When affecting the flesh of the potato and removal causes loss of more than 5 percent of total weight of potato. When affecting the flesh of the potato and removal causes loss of more than 10 percent of total weight of potato. The following defects are considered serious damage when present in any degree: 1. Freezing. 2. Late blight. 3. Ring rot. 4. Southern bacterial wilt. 5. Soft rot. 6. Wet breakdown. TABLE IV.—FLATTENED OR DEPRESSED AREAS—PRESSURE BRUISES MAXIMUM AREA ALLOWED Diameter Weight No. 1 (aggregate area) No. 2 (aggregate area) Potato is: Less than 2 in ......................... 2 to 21⁄2 in ............................... More than 21⁄2 to 3 in ............. More than 3 to 31⁄2 in ............. More than 31⁄2 to 4 in ............. More than 4 to 41⁄2 in ............. More than 41⁄2 to 5 in ............. More than 5 in ........................ Potato is: Less than 4 oz ....................... 4 to 6 oz ................................ More than 6 to 8 oz ............... More than 8 to 14 oz ............. More than 14 to 20 oz ........... More than 20 to 28 oz ........... More than 28 to 36 oz ........... More than 36 oz .................... Not more than: 1⁄2 in ....................................... 1 in ......................................... 11⁄4 in ..................................... 11⁄2 in ..................................... 13⁄4 in ..................................... 2 in ......................................... 21⁄4 in ..................................... 21⁄2 in ..................................... Not more than: 1 in. 11⁄2 in. 13⁄4 in. 17⁄8 in. 2 in. 21⁄4 in. 23⁄4 in. 31⁄4 in. TABLE V.—DEPTH ALLOWED FOR GROWTH CRACKS No. 1 (depth) Diameter Weight Potato is: Less than 2 in ......................... 2 to 21⁄2 in ............................... More than 21⁄2 to 3 in ............. More than 3 in ........................ Potato is: Less than 4 oz ....................... 4 oz to 6 oz ........................... More than 6 oz to 8 oz .......... More than 8 oz ...................... Not more 1⁄8 in 1⁄4 in 3⁄8 in 1⁄2 in No. 2 (depth) than: ....................................... ....................................... ....................................... ....................................... Not more than: 1⁄4 in. 3⁄8 in. 1⁄2 in. 5⁄8 in. TABLE VI.—SUNKEN DISCOLORED AREAS MAXIMUM AREA ALLOWED Diameter Weight No. 1 (aggregate area) Potato is: Less than 2 in ......................... 2 to 21⁄2 in ............................... More than 21⁄2 to 3 in ............. More than 3 to 31⁄2 in ............. More than 31⁄2 to 4 in ............. More than 4 to 41⁄2 in ............. More than 41⁄2 to 5 in ............. More than 5 in ........................ Potato is: Less than 4 oz ....................... 4 to 6 oz ................................ More than 6 to 8 oz ............... More than 8 to 14 oz ............. More than 14 to 20 oz ........... More than 20 to 28 oz ........... More than 28 to 36 oz ........... More than 36 oz .................... Not more than: 3⁄8 in ....................................... 3⁄4 in ....................................... 1 in ......................................... 11⁄4 in ..................................... 11⁄2 in ..................................... 13⁄4 in ..................................... 2 in ......................................... 21⁄4 in ..................................... § 51.1565 * Not more than: 3⁄4 in. 1 in. 11⁄4 in. 11⁄2 in. 13⁄4 in. 2 in. 21⁄4 in. 21⁄2 in. Internal defects. * 7. In § 51.1565, Table IV is redesignated as Table I and revised to read as follows: No. 2 (aggregate area) * * * TABLE I.—INTERNAL DEFECTS Damage maximum allowed Defects Serious damage maximum allowed jlentini on PROD1PC65 with PROPOSAL Occurring outside of or not entirely confined to the vascular ring Ingrown Sprouts, Internal Discoloration, Vascular Browning, Fusarium Wilt, Net Necrosis, Other Necrosis, Stem End Browning VerDate Aug<31>2005 19:49 Sep 21, 2006 Jkt 208001 5 percent waste ............................................... PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 10 percent waste. E:\FR\FM\22SEP1.SGM 22SEP1 Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules 55367 TABLE I.—INTERNAL DEFECTS—Continued Defects Damage maximum allowed Serious damage maximum allowed Internal Black Spot ............................................. When the spot(s) are darker than the official color chip (POT–CC–2) after removing 5 percent of the total weight of the potato. When the spot(s) are darker than the official color chip (POT–CC–2) after removing 10 percent of the total weight of the potato. Occurring entirely within the vascular ring Hollow Heart or Hollow Heart with Discoloration. Light Brown Discoloration (Brown Center). Internal Brown Spot and Similar Discoloration (Heat Necrosis). 1 Note: Area affected not to exceed that of a circle 3⁄4 inch in diameter in a potato 21⁄2 inches in diameter or 6 ounces in weight.1 Area affected not to exceed that of a circle 3⁄4 inch in diameter in a potato 21⁄2 inches in diameter or 6 ounces in weight.1 Not more than the equivalent of 6 scattered spots 1⁄8 inch in diameter in a potato 21⁄2 inches in diameter or 6 ounces in weight.1 Correspondingly lesser or greater areas in smaller or larger potatoes. Dated: September 14, 2006. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. 06–7819 Filed 9–21–06; 8:45 am] BILLING CODE 3410–02–M DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 51 [Docket Number FV–06–304] United States Standards for Grades of Table Grapes (European or Vinifera Type) Agricultural Marketing Service, USDA. ACTION: Proposed rule. AGENCY: jlentini on PROD1PC65 with PROPOSAL Area affected not to exceed that of a circle 1⁄2 inch in diameter in a potato 21⁄2 inches in diameter or 6 ounces in weight.1 Area affected not to exceed that of a circle 1⁄2 inch in diameter in a potato 21⁄2 inches in diameter or 6 ounces in weight.1 Not more than the equivalent of 3 scattered spots 1⁄8 inch in diameter in a potato 21⁄2 inches in diameter or 6 ounces in weight.1 SUMMARY: The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA), is proposing a revision to the voluntary United States Standards for Grades of Table Grapes (European or Vinifera Type). Two industry associations requested the standards be modified by adding a 10 percent allowance for shattered grapes in consumer containers for shipment that are en route or at destination. The standards provide industry with a common language and a uniform basis for trading, thus promoting the orderly and efficient marketing of European or Vinifera Type table grapes. DATES: Comments must be received by November 21, 2006. ADDRESSES: Interested persons are invited to submit written comments to the Standardization Section, Fresh Products Branch, Fruit and Vegetable Programs, Agricultural Marketing Service, U.S. Department of Agriculture, VerDate Aug<31>2005 18:17 Sep 21, 2006 Jkt 208001 1400 Independence Ave., SW., Room 1661 South Building, Stop 0240, Washington, DC 20250–0240; fax (202) 720–8871; e-mail FPB.DocketClerk@usda.gov. Comments should make reference to the dates and page number of this issue of the Federal Register and will be made available for public inspection in the above office during regular business hours. The United States Standards for Grades of Table Grapes (European or Vinifera Type) are available either through the address cited above or by accessing the AMS, Fresh Products Branch Web site at: https://www.ams.usda.gov/fv/ fpbcheck.htm. FOR FURTHER INFORMATION CONTACT: Cheri L. Emery, at the above address, telephone number (202) 720–2185, or email address Cheri.Emery@usda.gov. SUPPLEMENTARY INFORMATION: Section 203(c) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621–1627), 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. Executive Order 12866 and 12988 The Office of Management and Budget has waived the review process required by Executive Order 12866 for this action. 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 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 laws, regulations, or policies, unless they 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 the rule. Regulatory Flexibility Act and Paperwork Reduction Act Pursuant to the requirements set forth in the Regulatory Flexibility Act (RFA), AMS has considered the economic impact of this action on 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. Accordingly, AMS has prepared this initial regulatory flexibility analysis. Interested parties are invited to submit information on the regulatory and informational impacts of this action on small businesses. Comments also are specifically requested on the number and size of producers and handlers of table grapes in United States. This rule will revise the U.S. Standards for Grades of Table Grapes (European or Vinifera Type) that were issued under the Agricultural Marketing Act of 1946. Standards issued under the 1946 Act are voluntary. According to the National Agricultural Statistics Service (NASS) report of the 2002 Census of Agriculture, there are 23,856 grape farms in the United States. Using additional data from the Noncitrus Fruits and Nuts 2005 Summary, total fresh utilization of grapes was 995,370 tons. Furthermore, the price per ton for grapes in 2005 was $570.00 and the value of grape utilized as fresh was $567,523,000. Based on the number of farms (23,856), the average producer revenue from the sale of fresh grapes is E:\FR\FM\22SEP1.SGM 22SEP1

Agencies

[Federal Register Volume 71, Number 184 (Friday, September 22, 2006)]
[Proposed Rules]
[Pages 55356-55367]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-7819]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 51

[Docket Number FV-06-303]


Potatoes; Grade Standards

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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SUMMARY: This proposed rule would revise the United States Standards 
for Grades of Potatoes. These standards are issued under the 
Agricultural Marketing Act of 1946. The use of these grading standards 
is voluntary unless potatoes are under a marketing order that provides 
for certain requirements set forth in the grade standards or the 
potatoes are subject to import requirements under the Agricultural 
Marketing Agreement Act of 1937. The changes being proposed are the 
results of the detailed work performed by the Joint U.S./Canadian 
Potato Council that was charged with harmonizing the U.S. and Canadian 
Potato Grade Standards. The purpose for this revision is to update and 
revise the standards to more accurately represent today's marketing 
practices.

DATES: Comments must be received by November 21, 2006.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this proposal. Comments must be sent to the Standardization 
Section, Fresh Products Branch, Fruit and Vegetable Programs, 
Agricultural Marketing Service, U.S. Department of Agriculture, 1400 
Independence Ave., SW., Room 1661 South Building, Stop 0240, 
Washington, DC 20250-0240; Fax (202) 720-8871, E-mail 
FPBDocketclerk@usda.gov. Comments should make reference to the date and 
page number of this issue of the Federal Register and will be made 
available for public inspection in the above office during regular 
business hours. Comments can also be submitted on the Internet at: 
https://www.regulations.gov. The current United States Standards for 
Grades of Potatoes, along with the proposed changes, will be available 
either through the address cited above or by accessing the AMS, Fresh 
Products Branch Web site at: https://www.ams.usda.gov/standards/
stanfrfv.htm.

FOR FURTHER INFORMATION CONTACT: Cheri Emery, at the above address or 
call (202) 720-2185; E-mail Cheri.Emery@usda.gov.

SUPPLEMENTARY INFORMATION: 

Executive Order 12866 and 12988

    The Office of Management and Budget has waived the review process 
required by Executive Order 12866 for this action. 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 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 the rule.

Regulatory Flexibility Act and Paperwork Reduction Act

    The Joint U.S./Canadian Council, which was established by the 
United

[[Page 55357]]

States Secretary of Agriculture and the Canadian Minister of 
Agriculture was charged with harmonizing the U.S. and Canadian grade 
standards. The United States Standards for Grades of Potatoes was last 
revised in 1991. The Council, which consists of representatives from 
the industry and government, meets annually to discuss issues 
concerning cross border marketing and trade of potatoes. AMS and the 
Canadian Food Inspection Agency (CFIA) have been working with the 
Council for the past 14 years in the harmonizing of the standards. To 
complete the harmonization process both the Canadian and U.S. grade 
standards require a revision. The revisions being proposed will benefit 
all aspects of the potato industry and make the standards current with 
today's marketing trends and practices.
    Pursuant to the requirements set forth in the Regulatory 
Flexibility Act (RFA), AMS has considered the economic impact of this 
action on 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. Accordingly, AMS has prepared this initial regulatory 
flexibility analysis. Interested parties are invited to submit 
information on the regulatory and informational impacts of this action 
on small businesses.
    This rule will revise the U.S. Standards for Grades of Potatoes 
that were issued under the Agricultural Marketing Act of 1946. 
Standards issued under the 1946 Act are voluntary.
    Small agricultural service firms, which include handlers, have been 
defined by the Small Business Administration (SBA) (13 CFR 121.201) as 
those having annual receipts of less than $6,500,000, and small 
agricultural producers are defined as those having annual receipts of 
less than $750,000. Using annual data from the National Agricultural 
Statistics Service (NASS), the average potato crop value for 2002-2004 
is $2.538 billion. Dividing that figure by 9,408 farms yields an 
average potato crop value per farm of just under $270,000. Since this 
is well under the SBA threshold of annual receipts of $750,000, it can 
be concluded that the majority of these producers may be classified as 
small entities.
    Additional evidence comes from examining the Agricultural Census 
acreage breakdown more closely. Out of a total of 9,408 potato farms in 
2002, 60 percent were under 5 acres and 76 percent were under 100 
acres. An estimate of the number of acres that it would take to produce 
a crop valued at $750,000 can be made by dividing the 2002-04 average 
crop value of $2.538 billion by three-year average bearing acres (1.227 
million), yielding an average potato revenue per acre estimate of 
$2,068. Dividing $750,000 by $2,068 shows that farms with at least 363 
acres that received at least the average price in 2002-04 would have 
produced crops valued at $750,000 or more, and would be therefore be 
considered large potato farms under the SBA definition. Looking at farm 
numbers for additional census size categories shows that 8,084 potato 
farms (86 percent) are under 250 acres and 8,735 (92 percent) are under 
500 acres. Since a farm with 363 acres of potatoes falls into middle of 
this range, it can be concluded that the proportion of small potato 
farms under the SBA definition is likely to be between 86 and 90 
percent of all U.S. potato farms.
    This proposed rule would: Develop en route or at destination 
tolerances for the U.S. No. 1 and U.S. No. 2 grades, revise current 
tolerances in all grades, delete the ``Unclassified'' section, and 
define damage and serious damage by the following defects which will be 
added to Table III of the External Defects section: Cuts, Clipped Ends, 
Elephant Hide, Flattened or Depressed Areas/Pressure Bruises, Grub 
Damage, Nematode (Root Knot), Rodent or Bird Damage, Russeting, Silver 
Scurf, Sunken Discolored Areas, and Surface Cracks. The following 
defects and scoring guidelines that are currently listed in Table III 
of the External Defects section would be modified to reflect current 
inspection instructions: Air Cracks, Bruises, External Discoloration, 
Flea Beetle Injury, Greening, Growth Cracks, Rhizoctonia, Pitted Scab, 
Russet Scab, Surface Scab, and Wireworm or Grass Damage. Also, a 
revision to the current scoring guide for sprouts is being proposed. In 
the Internal Defects section, Internal Black Spot would be revised by 
implementing a color chip to assist in the scoring of this defect. 
Also, Table IV in this section would be redesignated as Table 1. 
Additionally, a revised large size is being proposed as well as adding 
Chef and Creamer sizes.
    The effects of this rule are not expected to be disproportionately 
greater or smaller for small handlers or producers than for larger 
entities.
    This proposed action would make the standard more consistent and 
uniform with marketing trends and practices. This proposed action will 
not impose any additional reporting or recordkeeping requirements on 
either small or large potato producers, handlers, or importers. USDA 
has not identified any Federal rules that duplicate, overlap, or 
conflict with this rule. However, there are marketing programs which 
regulate the handling of potatoes under (7 CFR parts 945-948 and 953). 
Potatoes under a marketing order have to meet certain requirements set 
forth in the grade standards. In addition, potatoes are subject to 
Section 8e import requirements under the Agricultural Marketing Act of 
1937, as amended (7 U.S.C. 601-674) which requires imported potatoes to 
meet grade, size, and quality under the applicable marketing order (7 
CFR part 980).
    Alternatives were considered for this action. One alternative would 
be to not issue a proposed rule. However, the need for revisions have 
increased as a result of changing market characteristics. The proposal 
represents approximately 14 years of research, surveys, and other input 
from all sectors of the potato industry and government. The purpose of 
these proposed standards is to facilitate the marketing of agricultural 
commodities.

Background and Proposed Rule

    In 1991, the Joint U.S./Canadian Council was established by the 
U.S. Secretary of Agriculture and the Canadian Minister of Agriculture 
to discuss issues concerning cross border marketing and trade of 
potatoes. The Council was charged with working towards harmonizing the 
U.S. and Canadian Potato Grade Standard. Government representatives 
from both countries have been providing technical assistance and 
guidance to the Council with regard to the interpretation of the 
standards and scoring guides of defects.
    The Council formed a Grade Harmonization Committee (Committee) to 
work on the harmonization of the two standards. The harmonization 
process was divided into several phases. The Committee began by 
focusing its attention on defects that could be harmonized with 
adjustments that would not involve a revision of the standards. These 
defects include those for which the scoring guides were defined in 
inspection instruction handbooks or ones for which the scoring guides 
are listed in the standards as scorable when ``materially or seriously 
affecting the appearance.'' The defining of ``materially or seriously 
affecting the appearance'' for certain defects will also provide for 
more uniformity with regard to how the U.S. standards are applied 
nationwide. The final phase of the harmonization process requires a 
revision to the United States Standards for Grades of Potatoes.
    This proposed rule would: Develop en route or at destination 
tolerances for the

[[Page 55358]]

U.S. No. 1 and U.S. No. 2 grades, revise current tolerances in all 
grades, delete the ``Unclassified'' section, and define damage and 
serious damage by the following defects which will be added to Table 
III of the External Defects section: Cuts, Clipped Ends, Elephant Hide, 
Flattened or Depressed Areas/Pressure Bruises, Grub Damage, Nematode 
(Root Knot), Rodent or Bird Damage, Russeting, Silver Scurf, Sunken 
Discolored Areas, and Surface Cracks. Also, the following defects and 
scoring guidelines that are currently listed in Table III of the 
External Defects section would be updated to better reflect current 
inspection instructions: Air Cracks, Bruises, External Discoloration, 
Flea Beetle Injury, Greening, Growth Cracks, Rhizoctonia, Pitted Scab, 
Russet Scab, Surface Scab, and Wireworm or Grass Damage. Also, a 
revision to the current scoring guide for sprouts is being proposed. In 
the Internal Defects section, Internal Black Spot would be revised by 
implementing a color chip to assist in the scoring of this defect. 
Also, Table IV in this section would be redesignated as Table 1. 
Additionally, a revised large size is being proposed as well as adding 
Chef and Creamer sizes. In an effort to clearly outline these proposed 
changes, the first column of the following chart shows the section as 
it currently reads, the second column shows the proposed change and the 
third column states why the change is being proposed:

------------------------------------------------------------------------
      Current standard          Proposed standard        Discussion
------------------------------------------------------------------------
Sec.   51.1540 U.S. Extra     Sec.   51.1540        A deletion to the
 No. 1.                        (Reserved).           U.S. Extra No. 1
``U.S. Extra No. 1''                                 grade and all
 consists of potatoes which                          reference to the
 meet the following                                  U.S. Extra No. 1
 requirements:.                                      grade is being
(a) Similar varietal                                 proposed as this
 characteristics;.                                   grade is no longer
(b) Firm;...................                         utilized by the
(c) Clean;..................                         industry.
(d) At least fairly well
 matured;.
(e) Fairly well shaped, with
 50 percent or more well
 shaped;.
(f) Free from;..............
(1) Freezing;...............
(2) Blackheart;.............
(3) Late blight, southern
 bacterial wilt and ring
 rot; and,.
(4) Soft rot and wet
 breakdown..
(g) Free from injury caused
 by:.
(1) Sprouts; and,...........
(2) Internal defects........
(h) Free from damage by any
 other cause. See Sec.  Sec.
   51.1564 and 51.1565..
(i) Size. The potatoes shall
 be not less than 2\1/4\
 inches in diameter or 5
 ounces in weight and shall
 not vary more than 1\1/4\
 inches in diameter or more
 than 6 ounces in weight..
(j) For tolerances see Sec.
  51.1546..
Sec.   51.1544 Unclassified.  Sec.   51.1544        When changing or
``Unclassified'' consists of   (Reserved).           updating standards
 potatoes which have not                             in recent years,
 been classified in                                  references to
 accordance with any of the                          ``Unclassified''
 foregoing grades. The term                          have been removed
 ``unclassified'' is not a                           in an attempt to
 grade within the meaning of                         eliminate the
 these standards but is                              confusion this term
 provided as a designation                           creates. People
 to show that no grade has                           have incorrectly
 been applied to the lot..                           assumed that
                                                     ``Unclassified'' is
                                                     an actual grade
                                                     name. To avoid
                                                     further confusion
                                                     it is proposed that
                                                     all references to
                                                     this term be
                                                     eliminated.
Sec.   51.1545 Size.........  (Revising, See        It is being proposed
(See Current Table I).......   Proposed Table I).    that a Chef and
                                                     Creamer size be
                                                     added to reflect
                                                     current marketing
                                                     practices. Also,
                                                     being proposed is
                                                     the maximum
                                                     diameter or weight
                                                     for the Large size
                                                     to be 4\1/2\ inches
                                                     or 28 ounces based
                                                     on a request by the
                                                     Committee.
------------------------------------------------------------------------


                                                 Current Table I
----------------------------------------------------------------------------------------------------------------
                                                            Minimum  diameter \1\ or   Maximum  diameter \1\ or
                                                                     weight                     weight
                     Size designation                     ------------------------------------------------------
                                                              Inches       Ounces        Inches        Ounces
----------------------------------------------------------------------------------------------------------------
Size A \2\...............................................       1\7/8\         (\3\)         (\3\)         (\3\)
Size B...................................................       1\1/2\         (\3\)       2\1/4\          (\3\)
Small....................................................       1\3/4\         (\3\)       2\1/2\             6
Medium...................................................       2\1/4\            5        3\1/4\            10
Large....................................................            3           10        4\1/4\            16
----------------------------------------------------------------------------------------------------------------
\1\ Diameter means the greatest dimension at right angles to the longitudinal axis, without regard to the
  position of the stem end.
\2\ In addition to the minimum size specified, a lot of potatoes designated as Size A shall contain at least 40
  percent of potatoes which are 2\1/2\ inches in diameter or larger or 6 ounces in weight or larger.

[[Page 55359]]

 
\3\ No requirement.


                                                Proposed Table I
----------------------------------------------------------------------------------------------------------------
                                                            Minimum  diameter \1\ or   Maximum  diameter \1\ or
                                                                     weight                     weight
                     Size designation                     ------------------------------------------------------
                                                              Inches       Ounces        Inches        Ounces
----------------------------------------------------------------------------------------------------------------
Creamer..................................................        \3/4\         (\3\)       1\5/8\          (\3\)
Chef.....................................................       2\3/4\            8        4\1/2\            28
Size A \2\...............................................       1\7/8\         (\3\)         (\3\)         (\3\)
Size B...................................................       1\1/2\         (\3\)       2\1/4\          (\3\)
Small....................................................       1\3/4\         (\3\)       2\1/2\             6
Medium...................................................       2\1/4\            5        3\1/4\            10
Large....................................................            3           10        4\1/2\            28
----------------------------------------------------------------------------------------------------------------
\1\ Diameter means the greatest dimension at right angles to the longitudinal axis, without regard to the
  position of the stem end.
\2\ In addition to the minimum size specified, a lot of potatoes designated as Size A shall contain at least 40
  percent of potatoes which are 2\1/2\ inches in diameter or larger or 6 ounces in weight or larger.
\3\ No requirement.


------------------------------------------------------------------------
      Current standard          Proposed standard        Discussion
------------------------------------------------------------------------
Sec.   51.1546 Tolerances...  Sec.   51.1546        Due to the deletion
To allow for variations        Tolerances.           of the U.S. Extra
 incident to proper grading   To allow for           No. 1 grade,
 and handling in each of the   variations incident   paragraph (2) will
 foregoing grades, the         to proper grading     be redesignated as
 following tolerances by       and handling in       paragraph (1).
 weight or equivalent basis,   each of the           Based on the
 are provided as specified.    foregoing grades,     harmonizing of the
(a) For defects--(1) U.S.      the following         U.S. and Canadian
 Extra No. 1. A total of 5     tolerances by         standard it is
 percent for potatoes in any   weight or             being proposed that
 lot which fail to meet the    equivalent basis,     the 3 percent
 requirements for the grade:   are provided as       restrictive
 Provided, That not more       specified.            tolerance for
 than two-fifths of this      (a) For defects--(1)   freezing, southern
 tolerance, or 2 percent,      U.S. No. 1..          bacterial wilt,
 shall be allowed for         Shipping Point: A      ring rot, late
 potatoes which are affected   total of 8 percent    blight, soft rot or
 by freezing, southern         for potatoes in any   wet breakdown be
 bacterial wilt, ring rot,     lot which fail to     deleted. Also, the
 late blight, soft rot or      meet the              proposed
 wet breakdown, including      requirements for      establishment of an
 therein not more than one-    the grade:            ``En Route or At
 half of 1 percent for         Provided, That        Destination''
 potatoes which are frozen     included in this      tolerance to the
 or affected by soft rot or    tolerance not more    U.S. No. 1 grade
 wet breakdown. See Sec.       than the following    will be consistent
 51.1547.                      percentages shall     with similar
(2) U.S. No. 1. A total of 8   be allowed for the    standards.
 percent for potatoes in any   defects listed:.
 lot which fail to meet the   (i) 5 percent for
 requirements for the grade:   external defects;.
 Provided, That included in   (ii) 5 percent for
 this tolerance not more       internal defects;.
 than the following           (iii) including
 percentages shall be          therein not more
 allowed for the defects       than 1 percent for
 listed:.                      potatoes which are
(i) 5 percent for external     frozen or affected
 defects;.                     by soft rot or wet
(ii) 5 percent for internal    breakdown.
 defects; or,.                En route or at
(iii) 3 percent for potatoes   Destination: A
 which are affected by         total of 10 percent
 freezing, southern            for potatoes in any
 bacterial wilt, ring rot,     lot which fail to
 late blight, soft rot or      meet the
 wet breakdown, including      requirements for
 therein not more than 1       the grade:
 percent for potatoes which    Provided, That
 are frozen or affected by     included in this
 soft rot or wet breakdown.    tolerance not more
 See Sec.   51.1547.           than the following
                               percentages shall
                               be allowed for the
                               defects listed:.
                              (i) 7 percent for
                               external defects;.
                              (ii) 7 percent for
                               internal defects;.
                              (iii) Including
                               therein not more
                               than 2 percent for
                               potatoes which are
                               frozen or affected
                               by soft rot or wet
                               breakdown. See Sec.
                                 51.1547.
(3) U.S. Commercial. A total  (2) U.S. Commercial.  Due to the
 of 20 percent for potatoes    A total of 20         redesignating of
 in any lot which fail to      percent for           paragraph (2),
 meet the requirements for     potatoes in any lot   paragraph (3) will
 the grade: Provided, That     which fail to meet    be redesignated as
 included in this tolerance    the requirements      paragraph (2).
 not more than the following   for the grade:        Based on the
 percentages shall be          Provided, That        harmonizing of the
 allowed for the defects       included in this      U.S. and Canadian
 listed:                       tolerance not more    standards it is
(i) 10 percent for potatoes    than the following    being proposed that
 which fail ito meet the       percentages shall     the 3 percent
 requirements for U.S. No. 2   be allowed for the    restrictive
 grade, including therein      defects listed:       tolerance for
 not more than:.              (i) 10 percent for     freezing, southern
(ii) 6 percent for external    potatoes which fail   bacterial wilt,
 defects;.                     to meet the           ring rot, late
(iii) 6 percent for internal   requirements for      blight, soft rot or
 defects; or,.                 U.S. No. 2 grade,     wet breakdown be
(iv) 3 percent for potatoes    including including   deleted.
 which are affected by         therein not more
 freezing, southern            than:.
 bacterial wilt, ring rot,    (ii) 6 percent for
 late blight, soft rot or      external defects;.
 wet breakdown, including     (iii) 6 percent for
 therein not more than 1       internal defects;
 percent for potatoes which    or,.
 are frozen or affected by    (iv) Including
 soft rot or wet breakdown.    therein not more
 See Sec.   51.1547.           than 1 percent for
                               potatoes which are
                               frozen or affected
                               by soft rot or wet
                               breakdown. See Sec.
                                 51.1547.

[[Page 55360]]

 
(4) U.S. No. 2. A total of    (3) U.S. No. 2......  Due to the
 10 percent for potatoes in   Shipping Point: A      redesignating of
 any lot which fail to meet    total of 10 percent   paragraph (3),
 the requirements for the      for potatoes in any   paragraph (4) will
 grade: Provided, That         lot which fail to     be redesignated as
 included in this tolerance    meet the              paragraph (3).
 not more than the following   requirements for      Based on the
 percentages shall be          the grade:            harmonizing of the
 allowed for the defects       Provided, That        U.S. and Canadian
 listed:                       included in this      standards it is
(i) 6 percent for external     tolerance not more    being proposed that
 defects;.                     than the following    the 3 percent
(ii) 6 percent for internal    percentages shall     restrictive
 defects; or,.                 be allowed for the    tolerance for
(iii) 3 percent for potatoes   defects listed:.      freezing, southern
 which are affected by        (i) 6 percent for      bacterial wilt,
 freezing, southern            external defects;.    ring rot, late
 bacterial wilt, ring rot,    (ii) 6 percent for     blight, soft rot or
 late blight, soft rot or      internal defects;.    wet breakdown be
 wet breakdown, including     (iii) Including        deleted. Also, the
 therein not more than 1       therein not more      proposed
 percent for potatoes which    than 1 percent        establishment of an
 are frozen or affected by     which are frozen or   ``En Route or At
 soft rot or wet breakdown.    affected by soft      Destination''
 See Sec.   51.1547.           rot or wet            tolerance to the
                               breakdown.            U.S. No. 2 grade
                              En route or at         will be consistent
                               Destination: A        with similar
                               total of 12 percent   standards.
                               for potatoes in any
                               lot which fail to
                               meet the
                               requirements for
                               the grade:
                               Provided, That
                               included in this
                               tolerance not more
                               than the following
                               percentages shall
                               be allowed for the
                               defects listed:.
                              (i) 8 percent for
                               external defects;.
                              (ii) 8 percent for
                               internal defects;.
                              (iii) Including
                               therein not more
                               than 2 percent for
                               potatoes which are
                               frozen or affected
                               by soft rot or wet
                               breakdown.
Sec.   51.1564 External       Damage: When removal  Adding specific
 Defects.                      causes a loss of      scoring criteria,
AIR CRACKS..................   more than 5 percent   as currently
Damage: When materially        of the total weight   defined in the
 detracting from appearance    of the potato or      inspection
 of potato.                    when the air          instructions, for
Serious Damage: When           crack(s) affects      materially and
 seriously detracting from     more than \1/3\ the   seriously
 appearance of potato.         length or diameter    detracting would
                               of the potato         provide an
                               (whichever is         objective means of
                               greater) in the       evaluating this
                               aggregate.            defect.
                              Serious Damage: When
                               removal causes a
                               loss of more than
                               10 percent of the
                               total weight of the
                               potato or when the
                               air crack(s)
                               affects more than
                               \3/4\ the length or
                               diameter of the
                               potato (whichever
                               is greater) in the
                               aggregate.
BRUISES.....................  BRUISES (not          Revising the scoring
Damage: When materially        including pressure    criteria, as
 detracting from appearance    bruises and sunken    currently defined
 of potato. Or, when removal   discolored areas).    in the inspection
 causes loss of more than 5   Damage: When           instructions, would
 percent of total weight of    materially            provide an
 potato.                       detracting from       objective means of
Serious Damage: When           appearance of         evaluating this
 seriously detracting from     potato or when        defect.
 appearance of potato. Or,     removal causes loss
 when removal causes loss of   of more than 5
 more than 10 percent of       percent of the
 total weight of potato.       total weight of the
                               potato or when the
                               area affected is
                               more than 5 percent
                               of the surface in
                               the aggregate (i.e.
                               \3/4\ inch on a 2\1/
                               2\ inch or 6 oz.
                               potato).
                               Correspondingly
                               lesser or greater
                               areas in smaller or
                               larger potatoes.
                              Serious Damage: When
                               seriously
                               detracting from
                               appearance of
                               potato or when
                               removal causes a
                               loss of more than
                               10 percent of the
                               total weight of the
                               potato or when the
                               area affected is
                               more than 10
                               percent of the
                               surface in the
                               aggregate (i.e. 1\1/
                               4\ inches on a 2\1/
                               2\ inch or 6 oz.
                               potato).
                               Correspondingly
                               lesser or greater
                               areas in smaller or
                               larger potatoes.
                              CUTS
                              Damage: When one      Currently there is
                               smooth cut affects    no specific scoring
                               more than 5 percent   criteria for this
                               of the surface area.  defect in the
                              Serious Damage:        standards. Adding
                               Cut(s) that affect    this to the
                               more than 10          standard, as
                               percent of the        defined in the
                               surface area in the   inspection
                               aggregate or when a   instructions, would
                               single side cut       provide an
                               extends beyond \1/    objective means of
                               2\ the length of      evaluating this
                               the potato.           defect.
                              ELEPHANT HIDE
                              Damage: When          Currently there is
                               affecting over 10     no specific scoring
                               percent of the        criteria for this
                               surface area of the   defect in the
                               potato.               standards. Adding
                              Serious Damage: When   this to the
                               affecting over 25     standard, as
                               percent of the        defined in the
                               surface area.         inspection
                                                     instructions, would
                                                     provide an
                                                     objective means of
                                                     evaluating this
                                                     defect.

[[Page 55361]]

 
EXTERNAL DISCOLORATION......  Areas that are light  Adding specific
Damage: When materially        tan or lighter in     scoring criteria,
 detracting from appearance    color and blends      as currently
 of potato.                    should be ignored.    defined in the
Serious Damage: When          Damage: When more      inspection
 seriously detracting from     than 30 percent of    instructions, for
 appearance of potato.         the surface is        ``materially'' and
                               affected by light     ``seriously
                               tan or light brown    detracting'' would
                               colors which do not   provide an
                               blend or when more    objective means of
                               than 15 percent of    evaluating this
                               the surface is        defect.
                               affected by colors
                               darker than light
                               tan or light brown.
                              Serious Damage: When
                               more than 60
                               percent of the
                               surface is affected
                               by light tan or
                               light brown colors
                               which do not blend
                               or when more than
                               30 percent of the
                               surface is affected
                               by colors darker
                               than light tan or
                               light brown.
                              FLATTENED OR
                               DEPRESSED AREAS/
                               PRESSURE BRUISES
                              Damage: When removal  Currently there is
                               of underlying         no specific scoring
                               discolored flesh      criteria for this
                               causes a loss of      defect in the
                               more than 5 percent   standards. Adding
                               of the total weight   this to the
                               of the potato or      standard, as
                               when the flattened    defined in the
                               or depressed          inspection
                               area(s) covers more   instructions, would
                               surface area than     provide an
                               allowed in Table      objective means of
                               IV. (See Table IV.)   evaluating this
                              Serious Damage: When   defect.
                               removal of
                               underlying
                               discolored flesh
                               causes a loss of
                               more than 10
                               percent of the
                               weight of the
                               potato or when the
                               flattened depressed
                               area(s) covers more
                               surface area than
                               allowed in the
                               Table IV. (See
                               Table IV.).
FLEA BEATLE INJURY
Damage: When materially       Damage: When removal  Adding specific
 detracting from appearance    causes a loss of      scoring criteria,
 of potato. Or, when removal   more than 5 percent   as currently
 causes loss of more than 5    of the total weight   defined in the
 percent of total weight of    of the potato or      inspection
 potato.                       when the area         instructions, for
Serious Damage: When           affected is more      ``materially'' and
 seriously detracting from     than 5 percent of     ``seriously
 appearance of potato. Or,     the surface in the    detracting'' would
 when removal causes loss of   aggregate.            provide an
 more than 10 percent of      Serious Damage: When   objective means of
 total weight of potato.       removal causes a      evaluating this
                               loss of more than     defect.
                               10 percent of the
                               weight of the
                               potato or when the
                               area affected is
                               more than 10
                               percent of the
                               surface in the
                               aggregate.
GREENING
Damage: When materially       Damage: When removal  Adding specific
 detracting from appearance    causes a loss of      scoring criteria,
 of potato. Or, when removal   more than 5 percent   as currently
 causes loss of more than 5    of the total weight   defined in the
 percent of total weight of    of the potato or      inspection
 potato.                       when green color      instructions, for
Serious Damage: When           affects more than     ``materially'' and
 seriously detracting from     25 percent of the     ``seriously
 appearance of potato. Or,     surface in the        detracting'' would
 when removal causes loss of   aggregate.            provide an
 more than 10 percent of      Serious Damage: When   objective means of
 total weight of potato.       removal causes a      evaluating this
                               loss of more than     defect.
                               10 percent of the
                               weight of the
                               potato or when the
                               green color affects
                               more than 50
                               percent of the
                               surface in the
                               aggregate.
GROWTH CRACKS
Damage: When materially       Damage: When the      Adding specific
 detracting from appearance    growth crack(s)       scoring criteria,
 of potato.                    affects more than     as currently
Serious Damage: When           \1/2\ the length of   defined in the
 seriously detracting from     the potato in the     inspection
 appearance of potato.         aggregate on round    instructions, for
                               varieties or more     ``materially'' and
                               than \1/3\ the        ``seriously
                               length in the         detracting'' would
                               aggregate on long     provide an
                               varieties or when     objective means of
                               the depth is          evaluating this
                               greater than that     defect.
                               as outlined in
                               Table V. (See Table
                               V.)
                              Serious Damage: When
                               the growth crack(s)
                               affects more than
                               \3/4\ the length of
                               the potato in the
                               aggregate or when
                               the depth is
                               greater than that
                               as outlined in
                               Table V. (See Table
                               V.).
                              GRUB DAMAGE.........

[[Page 55362]]

 
                              Damage: When removal  Currently there is
                               causes a loss of      no specific scoring
                               more than 5 percent   criteria for this
                               of the total weight   defect in the
                               of the potato or      standards. Adding
                               when affecting more   this to the
                               than 5 percent of     standard, as
                               the surface area      defined in the
                               (i.e. more than \3/   inspection
                               4\ inch on a 2\1/2\   instructions, would
                               inch or 6 ounce       provide an
                               potato).              objective means of
                               Correspondingly       evaluating this
                               lesser or greater     defect.
                               areas in smaller or
                               larger potatoes.
                              Serious Damage: When
                               removal causes a
                               loss of more than
                               10 percent of the
                               total weight of the
                               potato or when
                               affecting more than
                               10 percent of the
                               surface area (i.e.
                               more than \3/4\
                               inch on a 2\1/2\
                               inch or 6 ounce
                               potato).
                               Correspondingly
                               lesser or greater
                               areas in smaller or
                               larger potatoes.
                              NEMATODE (ROOT KNOT)
                              Damage: When removal  Currently there is
                               causes a loss of      no specific scoring
                               more than 5 percent   criteria for this
                               of the total weight   defect in the
                               of the potato.        standards. Adding
                              Serious Damage: When   this to the
                               removal causes a      standard, as
                               loss of more than     defined in the
                               10 percent of the     inspection
                               total weight of the   instructions, would
                               potato.               provide an
                                                     objective means of
                                                     evaluating this
                                                     defect.
RHIZOCTONIA (BLACK SCURF)
Damage: When materially       Damage: When          Adding specific
 detracting from appearance    affecting more than   scoring criteria,
 of potato.                    15 percent of the     as currently
Serious Damage: When           surface in the        defined in the
 seriously detracting from     aggregate.            inspection
 appearance of potato.        Serious Damage: When   instructions, for
                               affecting more than   ``materially'' and
                               50 percent of the     ``seriously
                               surface in the        detracting'' would
                               aggregate..           provide an
                                                     objective means of
                                                     evaluating this
                                                     defect.
                              RODENT AND BIRD
                               DAMAGE
                              Damage: When removal  Currently there is
                               causes a loss of      no specific scoring
                               more than 5 percent   criteria for this
                               of the total weight   defect in the
                               of the potato or      standards. Adding
                               when affecting more   this to the
                               than 5 percent of     standard, as
                               the surface area      defined in the
                               (i.e. more than \3/   inspection
                               4\ inch on a 2\1/2\   instructions, would
                               inch or 6 ounce       provide an
                               potato).              objective means of
                               Correspondingly       evaluating this
                               lesser or greater     defect.
                               areas in smaller or
                               larger potatoes.
                              Serious Damage: When
                               removal causes a
                               loss of more than
                               10 percent of the
                               total weight of the
                               potato or when
                               affecting more than
                               10 percent of the
                               surface area (i.e.
                               more than \3/4\
                               inch on a 2\1/2\
                               inch or 6 ounce
                               potato).
                               Correspondingly
                               lesser or greater
                               areas in smaller or
                               larger potatoes.
                              RUSSETING (On Non
                               Russet Type).
                              Damage: When more     Currently there is
                               than 50 percent of    no specific scoring
                               the surface is        criteria for this
                               affected in the       defect in the
                               aggregate.            standards. Adding
                              Serious Damage: N/A.   this to the
                                                     standard, as
                                                     defined in the
                                                     inspection
                                                     instruction, would
                                                     provide an
                                                     objective means of
                                                     evaluating this
                                                     defect.
SCAB, PITTED
Damage: When materially       Damage: When removal  Adding specific
 detracting from appearance    causes a loss of      scoring criteria,
 of potato. Or, when removal   more than 5 percent   as currently
 causes loss of more than 5    of the total weight   defined in the
 percent of total weight of    of the potato or      inspection
 potato.                       when scab affects     instructions, for
Serious Damage: When           an aggregate area     ``materially'' and
 seriously detracting from     of more than \1/2\    ``seriously
 appearance of potato. Or,     inch (based on a      detracting'' would
 when removal causes loss of   potato 2\1/2\         provide an
 more than 10 percent of       inches in diameter    objective means of
 total weight of potato.       or 6 oz. in           evaluating this
                               weight).              defect.
                               Correspondingly
                               lesser or greater
                               areas in smaller or
                               larger potatoes.
                              Serious Damage: When
                               the removal causes
                               a loss of more than
                               10 percent of the
                               total weight of the
                               potato or when scab
                               affects an
                               aggregate area of
                               more than 1 inch
                               (based on a potato
                               2\1/2\ inches in
                               diameter or 6 oz.
                               in weight).
                               Correspondingly
                               lesser or greater
                               areas in smaller or
                               larger potatoes.
SCAB, RUSSET
Damage: When materially       Damage: When smooth   Adding specific
 detracting from appearance    russeting affects     scoring criteria,
 of potato.                    more than \1/3\ of    as currently
Serious Damage: When           the surface or when   defined in the
 seriously detracting from     rough russet scab     inspection
 appearance of potato.         affects more than     instruction, for
                               10 percent of the     ``materially'' and
                               surface in the        ``seriously
                               aggregate.            detracting'' would
                              Serious Damage: When   provide an
                               rough russeting       objective means of
                               affects more than     evaluating this
                               25 percent of the     defect.
                               surface in the
                               aggregate.

[[Page 55363]]

 
SCAB, SURFACE
Damage: When more than 5      Damage: When more     Adding aggregate to
 percent of surface affected.  than 5 percent of     the scoring guide
Serious Damage: When more      the surface in the    will clarify the
 than 25 percent of surface    aggregate is          guide.
 affected.                     affected.
                              Serious Damage: When
                               more than 25
                               percent of the
                               surface in the
                               aggregate is
                               affected.
                              SILVER SCURF
                              Damage: When          Currently there is
                               affecting more than   no specific scoring
                               50 percent of the     criteria for this
                               surface area of the   defect in the
                               potato.               standards. Adding
                              Serious Damage: When   this to the
                               its severity causes   standard, as
                               a wrinkling of the    defined in the
                               skin over more than   inspection
                               50 percent of the     instructions, would
                               surface.              provide an
                                                     objective means of
                                                     evaluating this
                                                     defect.
SPROUTS
Damage: When more than 10     Damage: Not more      Based on the request
 percent of the potatoes in    than 5 percent of     of the committee it
 any lot have any sprout       the potatoes in a     is being proposed
 more than \3/4\ inch in       lot may have          that the scoring
 length or have individual     individual or         guide be revised.
 sprouts or cluster of         clusters of sprouts
 sprouts which materially      not more than \1/4\
 detract from the appearance   inch at shipping
 of the potato.                point and \1/2\
                               inch at destination.
                              Serious Damage: Not
                               more than 10
                               percent of the
                               potatoes in a lot
                               may have individual
                               or clusters of
                               sprouts not more
                               than \1/2\ inch at
                               shipping point and
                               1 inch at
                               destination.
                              SUNKEN DISCOLORED     Currently there is
                               AREAS                 no specific scoring
                              SEE TABLE VI........   criteria for this
                                                     defect in the
                                                     standards. Adding
                                                     this to the
                                                     standard, as
                                                     defined in the
                                                     inspection
                                                     instructions, would
                                                     provide an
                                                     objective means of
                                                     evaluating this
                                                     defect.
                              SURFACE CRACKS Areas  Currently there is
                               affected by fine      no specific scoring
                               net-like cracking     criteria for this
                               should be ignored.    defect in the
                              Damage: When smooth    standards. Adding
                               shallow cracking      this to the
                               affects more than     standard, as
                               \1/3\ of the          defined in the
                               surface or when       inspection
                               rough deep cracking   instructions, would
                               affects more than 5   provide an
                               percent of the        objective means of
                               surface.              evaluating this
                              Serious Damage: When   defect.
                               rough deep cracking
                               affects more than
                               10 percent of the
                               surface.
WIREWORM OR GRASS DAMAGE
Damage: When any hole in a    Damage: When          Based on the request
 potato 2\1/2\ inches in       affecting the flesh   of the committee it
 diameter or 6 ounces in       of the potato and     is being proposed
 weight is more than \3/4\     removal causes a      that the scoring
 inch long, or when the        loss of more than 5   guide be revised.
 aggregate length of all       percent of the
 holes is more than 1\1/4\     total weight of the
 inches, or correspondingly    potato.
 shorter or longer holes in   Serious Damage: When
 smaller or larger potatoes.   affecting the flesh
Serious Damage: When any       of the potato and
 hole in a potato 2\1/2\       removal causes a
 inches in diameter or 6       loss of more than
 ounces in weight is more      10 percent of the
 than 1\1/2\ inches long, or   total weight of the
 when the aggregate length     potato.
 of all holes is more than 2
 inches, or correspondingly
 shorter or longer holes in
 smaller or larger potatoes.
INTERNAL BLACK SPOT
Damage: Maximum Allowed 5     Damage: When the      AMS is proposing to
 percent waste.                spot(s) are darker    implement color
Serious Damage: Maximum        than the official     chip POT-CC-2 into
 Allowed 10 percent waste.     color chip (POT-CC-   the scoring
                               2) after removing 5   criteria for
                               percent of the        internal black
                               total weight of the   spot. AMS developed
                               potato.               this color chip at
                              Serious Damage: When   the request of the
                               the spot(s) are       industry to assist
                               darker than the       in the scoring of
                               official color chip   this defect. POT-CC-
                               (POT-CC-2) after      2 is available for
                               removing 10 percent   review at the Fresh
                               of the total weight   Products Branch,
                               of the potato.        Fruit and Vegetable
                                                     Programs, AMS,
                                                     South Building,
                                                     Washington, DC or
                                                     any of the Fresh
                                                     Product Branch
                                                     Field offices.
------------------------------------------------------------------------

List of Subjects in 7 CFR Part 51

    Agricultural commodities, Food grades and standards, Fruits, Nuts, 
Reporting and recordkeeping requirements, Trees, Vegetables.
    For reasons set forth in the preamble, 7 CFR part 51 is proposed to 
be amended as follows:

PART 51--[AMENDED]

    1. The authority citation for part 51 continues to read as follows:

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


Sec.  51.1540  [Removed and reserved]

    2. Remove and reserve Sec.  51.1540.


Sec.  51.1544  [Removed and reserved]

    3. Remove and reserve Sec.  51.1544 .


Sec.  51.1545  [Amended]

    4. In Sec.  51.1545, Table I is revised to read as follows:


Sec.  51.1545  Size.

* * * * *

[[Page 55364]]



                                                     Table I
----------------------------------------------------------------------------------------------------------------
                                                               Minimum diameter \1\ or   Maximum diameter \1\ or
                                                                       weight                    weight
                      Size designation                       ---------------------------------------------------
                                                                 Inches       Ounces       Inches       Ounces
----------------------------------------------------------------------------------------------------------------
 Creamer....................................................        \3/4\        (\3\)       1\5/8\        (\3\)
Chef........................................................       2\3/4\            8       4\1/2\           28
Size A\2\...................................................       1\7/8\        (\3\)        (\3\)        (\3\)
Size B......................................................       1\1/2\        (\3\)       2\1/4\        (\3\)
Small.......................................................       1\3/4\        (\3\)       2\1/2\            6
Medium......................................................       2\1/4\            5       3\1/4\           10
Large.......................................................            3           10       4\1/2\           28
----------------------------------------------------------------------------------------------------------------
\1\ Diameter means the greatest dimension at right angles to the longitudinal axis, without regard to the
  position of the stem end.
\2\ In addition to the minimum size specified, a lot of potatoes designated as Size A shall contain at least 40
  percent of potatoes which are 2\1/2\ inches in diameter or larger or 6 ounces in weight or larger.
\3\ No requirement.

* * * * *


Sec.  51.1546  [Amended]

    5. In Sec.  51.1546, paragraph (a) is revised to read as follows:


Sec.  51.1546  Tolerances.

* * * * *
    (a) For defects--(1) U.S. No. 1 at shipping point. A total of 8 
percent for potatoes in any lot which fail to meet the requirements for 
the grade: Provided, That included in this tolerance not more than the 
following percentages shall be allowed for the defects listed:
    (i) 5 percent for external defects;
    (ii) 5 percent for internal defects;
    (iii) Including therein not more than 1 percent for potatoes which 
are frozen or affected by soft rot or wet breakdown.
    (2) En route or at destination. A total of 10 percent for potatoes 
in any lot which fail to meet the requirements for the grade: Provided, 
That included in this tolerance not more than the following percentages 
shall be allowed for the defects listed:
    (i) 7 percent for external defects;
    (ii) 7 percent for internal defects;
    (iii) Including therein not more than 2 percent for potatoes which 
are frozen or affected by soft rot or wet breakdown. See Sec.  51.1547.
    (3) U.S. commercial. A total of 20 percent for potatoes in any lot 
which fail to meet the requirements for the grade: Provided, That 
included in this tolerance not more than the following percentages 
shall be allowed for the defects listed:
    (i) 10 percent for potatoes which fail to meet the requirements for 
U.S. No. 2 grade, including therein not more than:
    (ii) 6 percent for external defects;
    (iii) 6 percent for internal defects; or,
    (iv) Including therein not more than 1 percent for potatoes which 
are frozen or affected by soft rot or wet breakdown. See Sec.  51.1547.
    (4) U.S. No. 2 at shipping point: A total of 10 percent for 
potatoes in any lot which fail to meet the requirements for the grade: 
Provided, That included in this tolerance not more than the following 
percentages shall be allowed for the defects listed:
    (i) 6 percent for external defects;
    (ii) 6 percent for internal defects;
    (iii) Including therein not more than 1 percent for potatoes which 
are frozen or affected by soft rot or wet breakdown.
    (