Potatoes; Grade Standards, 15052-15058 [08-1058]

Download as PDF 15052 Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Rules and Regulations flammable mixtures rule does apply to products that are a combination of less than 87.5 percent propane and other release-flammable COI, since such mixtures are not themselves the COI propane.7 Robert Stephan, Assistant Secretary for Infrastructure Protection, Department of Homeland Security. [FR Doc. 08–1059 Filed 3–18–08; 12:04 pm] BILLING CODE 4910–15–P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 51 [Docket #AMS–2006–0136; FV–06–303] Potatoes; Grade Standards Agricultural Marketing Service, USDA. ACTION: Final rule. AGENCY: jlentini on PROD1PC65 with RULES SUMMARY: This rule revises the United States Standards for Grades of Potatoes. These standards are issued under the Agricultural Marketing Act of 1946. The rule provides en route or at destination tolerances for the U.S. No. 1 and U.S. No. 2 grades, revises current tolerances in all grades, deletes the U.S. Extra No. 1 grade and ‘‘Unclassified’’ section, and defines 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 are also revised to reflect current inspection instructions: Air Cracks, Bruises, External Discoloration, Flea flammable mixtures provision, as little as 10,000 pounds of that product would meet the STQ for butane, and thus trigger the Top-Screen reporting requirement of CFATS. This effect would be inconsistent with the purpose of the special 10,000 pound counting rule and the 60,000 pound STQ for the COI propane and with DHS’s express intent not to subject facilities to the Top-Screen requirement when the only COI that would otherwise trigger that requirement is less than 60,000 pounds of COI propane. See 72 FR 65406–65407, 65409–65410. 7 The statement in the Appendix A Final Rule preamble that the mixtures provisions for propane are the same as for all other release-flammables, 72 FR 65407, should be read in this intended context. Since it would not be logical or reasonable to apply the release-flammable mixtures provision to the COI propane (products containing at least 87.5% propane), the preamble statement was intended to cover mixtures containing less than 87.5% propane. VerDate Aug<31>2005 20:55 Mar 20, 2008 Jkt 214001 Beetle Injury, Greening, Growth Cracks, Rhizoctonia, Pitted Scab, Russet Scab, Surface Scab, and Wireworm or Grass Damage. Also, changes to the current scoring guide for sprouts are being made. In the Internal Defects section, Internal Black Spot is revised by implementing a color chip to assist in the scoring of this defect. Also, Table IV in this section is redesignated as Table I. Additionally, a revised large size is added as well as the inclusion of Chef and Creamer sizes. Most of the changes were the result 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. This rule updates and revises the standards to more accurately reflect today’s marketing practices. DATES: Effective April 21, 2008. FOR FURTHER INFORMATION CONTACT: Vincent J. Fusaro, Standardization Section, Fresh Products Branch, (202) 720–2185. The United States Standards for Grades of Potatoes are available through the Fresh Products Branch Web site at: https://www.ams.usda.gov/ standards/stanfrfv.htm. 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 Harmonization Council (Council) which was established by the United States Secretary of Agriculture and the Canadian Minister of Agriculture, is 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 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 harmonization process, both the Canadian and U.S. grade standards, require revisions. The revision 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 (5 U.S.C. 601–612) (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 final regulatory flexibility analysis. Interested parties are invited to submit information on the regulatory and informational impacts of this action on small businesses. This rule revises the U.S. Standards for Grades of Potatoes that were issued under the Agricultural Marketing Act of 1946 (7 U.S.C. 1621–1627) (Act). Standards issued under the Act are voluntary. Small agricultural service firms, which include handlers and importers, 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. Additionally, there are approximately 180 handlers of potatoes which are classified as small entities, that may be affected by this rule. 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 therefore be considered large potato E:\FR\FM\21MRR1.SGM 21MRR1 jlentini on PROD1PC65 with RULES Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Rules and Regulations 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 the 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. In addition, an estimated 168 importers of potatoes may be affected by this rule. Many of these importers may be classified as small entities. This rule develops en route or at destination tolerances for the U.S. No. 1 and U.S. No. 2 grades, revises the current tolerances in all grades, deletes the ‘‘Unclassified’’ section, and defines 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 are revised 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 was proposed. In the Internal Defects section, Internal Black Spot is revised by implementing a color chip to assist in the scoring of this defect. Also, Table IV in this section is redesignated as Table I. Additionally, a revised large size as well as a Chef and Creamer sizes are added to the size section of the standard. The effects of this rule are not expected to be disproportionately greater or smaller for small handlers, producers, or importers than for larger entities. This action would make the standard more consistent and uniform with marketing trends and practices. This 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 VerDate Aug<31>2005 20:55 Mar 20, 2008 Jkt 214001 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). A proposed rule regarding these revisions to the United States Standards for Grades of Potatoes was published in the Federal Register on September 22, 2006 [71 FR 55356]. A comment period of sixty days was issued which closed on November 21, 2006. Comments In response to the request for comments, AMS received comments from twenty-five respondents in regards to the proposed revisions. One response was from a potato committee, and fifteen additional comments were received from the committee’s members, all supporting the proposal. Four comments were received from a potato council representing growers and producers of potatoes, of which three of the comments supported the proposal. One supporting comment was from a national trade association representing independent produce receivers, and two supporting comments were received from two State potato committees. One comment was received from a shipper supporting the proposed rule, while another shipper’s comments opposed the entire proposed rule. In addition to commenting in support or opposition to the proposed rule, some commentors also proposed additional revisions. A comment received from a potato shipper opposing the entire proposed rule stated while the shipper supported revisions to the standards that make the inspection process more consistent, the shipper did not agree with relaxing the U.S. standards in order to harmonize them with Canada’s standards. The proposed revisions are generally for defects and scoring guidelines that were defined as materially detracting from the appearance of the potato. The intent of these revisions is not to relax the standards or allow for inferior product. The revised scoring guidelines were adopted by the harmonization committee to make the two standards more consistent and uniform with one another; which would also assist in the importing and exporting of potatoes between the two countries. Accordingly, AMS is proceeding with the revision as proposed. AMS proposed the deletion of the U.S. Extra No. 1 and the ‘‘Unclassified’’ section. One comment was received from a national trade association supporting the deletion of the U.S. Extra No. 1 grade, but was opposed to deleting PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 15053 the ‘‘Unclassified’’ section because they believe that it serves a useful purpose in categorizing ungraded lots of potatoes. Some sectors of the industry have assumed that ‘‘Unclassified’’ is an actual grade. However, ‘‘Unclassified’’ is not an actual grade. Further, unclassified is being deleted from all standards that are revised because this category is not a grade and only serves to show that no grade has been applied to the lot. It is no longer considered necessary. Therefore, to avoid further confusion all references to this term are eliminated. AMS proposed adding a ‘‘Chef’’ and ‘‘Creamer’’ size as well as increasing the maximum diameter and weight in the Large size from 41⁄4 inches or 16 ounces to 41⁄2 inches or 28 ounces. One comment was received from a State committee also supporting the proposal, but recommended the USDA change the creamer maximum diameter from the proposed 15⁄8 inches to 17⁄8 inches. The commentor believes the 17⁄8 inches corresponds to what is currently being used in the industry for ‘‘C’’ or creamer type potatoes. The proposed maximum diameter of 15⁄8 inches was determined to be best suited to be used by the U.S. and Canada for national and international trade. Additionally, the committee asks that the ‘‘Chef’’ designation be reevaluated as it has a very similar size profile encompassing both the medium and the proposed large size. This size was proposed by the industry and has been in practice by some members of both U.S. and Canadian industry, prior to this proposal. Therefore, AMS is proceeding with the chef and creamer sizes as proposed. AMS proposed ‘‘en route’’ or ‘‘at destination’’ tolerances in the U.S. No. 1 and No. 2 grades as well as deleting the 3 percent tolerance for potatoes which are affected by freezing, southern bacterial wilt, ring rot, late blight, soft rot or wet breakdown. An opposing comment was received from a national trade association stating that its members opposed the en route or at destination tolerances because they believe it would dilute the grades and allow for a lesser quality product to enter the marketplace. We disagree. ‘‘en route’’ or ‘‘at destination’’ tolerances are generally applicable to all lots and will make this standard consistent with other U.S. standards. The tolerances are intended to better reflect product quality in the marketplace. The comment also stated that good delivery tolerances under the Perishable Agricultural Commodities Act (PACA) already allowed for damage en route or at destination. While there is PACA suitable shipping condition guidelines E:\FR\FM\21MRR1.SGM 21MRR1 jlentini on PROD1PC65 with RULES 15054 Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Rules and Regulations in place, they are a separate set of guidelines which are not applicable to these standards. Furthermore, ‘‘en route’’ or ‘‘at destination’’ tolerances are generally applicable to all lots and will make this standard consistent with other U.S. standards. Therefore, AMS is proceeding with the revisions as proposed. AMS proposed defining damage and serious damage for the following defects as well as adding them to Table III in 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. Five commenters opposed and requested tighter scoring criteria. One commenter said its members were dissatisfied with the proposed scoring criteria even though the intent is to provide an objective means of evaluating defects, beyond materially/seriously detracting from the appearance of the potato. In their view the proposed changes are too lenient. Additionally, two commenters believed the proposed 50 percent of the surface area allowed for silver scurf was too strict and recommended it be set at 55 percent of the surface area. They also suggested the term aggregate be used when referencing removal of damage caused by root knot nematodes. The proposed scoring guidelines, including silver scurf, as well as the current application of the potato inspection instructions reflect the results of studies conducted under the U.S./Canadian Harmonization Project. As such, the standards should be updated to reflect current market practices. Damage caused by root knot nematodes is currently scored on a waste basis by weight, therefore the use of the term aggregate is not necessary. Therefore, AMS is proceeding with the revisions as proposed. AMS also proposed the following defects and scoring guidelines, which are currently listed in Table III of the External Defects section, 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. One commentor opposed the proposed scoring guide for growth cracks because he believes the depth guide is too lenient and doesn’t take into account how growth cracks can alter the shape as to materially detract from the form of the potato. Growth cracks and misshapen tubers are two separate defects with individual scoring VerDate Aug<31>2005 20:55 Mar 20, 2008 Jkt 214001 guidelines. If the shape of the potato is altered or compromised, the scoring guidelines for shape, which are currently in the standard would apply. Revising the scoring criteria for growth cracks provides an objective means of evaluating this particular defect. Therefore, the scoring guide is revised as proposed. A comment was received suggesting AMS review the scoring criteria in the proposal for both grub damage and rodent or bird damage due to each defect having the same criteria for damage and serious damage. After reviewing these proposed scoring criteria, AMS has identified errors that were made in the proposed scoring criteria for serious damage. The scoring criteria for serious damage in both defects incorrectly stated ‘‘i.e. more than 3⁄4 inch on a 21⁄2 inch or 6 ounce potato.’’ Therefore, the scoring criteria has been corrected to read, ‘‘i.e. more than 11⁄4 inch on a 21⁄2 inch or 6 ounce potato.’’ This final rule reflects these changes. Four comments suggested that AMS remove all references to ‘‘appearance’’ or ‘‘when materially detracting from appearance of the potato’’ when determining scoring criteria for any defect. In their view, this would provide an objective means of evaluating the defects and would avoid the subjectivity of opinion. AMS is removing all references to ‘‘appearance’’ or ‘‘when materially detracting from appearance of the potato’’ when possible. However, these references can not be removed from all the defects or their scoring guidelines due to several factors associated with these defects and their progression. For example, some defects will progress more rapidly than others when they are exposed to any moisture, therefore making it more difficult to meet specific scoring criteria when more time is needed during storage and/or transportation. Also, the proposed references to ‘‘appearance’’ or ‘‘when materially detracting from appearance of the potato’’ in the scoring criteria for bruising, were made in error. Therefore, AMS is removing in this final rule, the references to ‘‘appearance’’ or ‘‘when materially detracting from appearance of the potato’’ in the scoring guidelines for bruising. One comment received concerned internal black spot. The comment asked for a comment period to be opened on color chip POT–CC–2 (internal black spot). The comments asserted that it would be difficult for the industry to make a reasonable comment on the chip itself when there are no alternatives. Prior to the developing of this rule, AMS, Fresh Product Branch field offices PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 presented three alternative color chips were distributed to a large number of potato growers, packers, and wholesale marketers to determine which color chip was appropriate to use in the standards. The color chip that was selected reflects a consensus of industry feedback. Therefore, the color chip POT–CC–2 will be referenced as stated in the proposal. Several commenters also suggested that color chips or visual aids be developed for external discoloration, greening, and elephant hide. They believe this would be a useful tool for identifying and scoring these defects. AMS develops color chips or visual aids continuously and will evaluate the needs for developing color chips or visual aids for the proposed defects. Color chips for the suggested defects above require additional research which can not be addressed in this action. However, AMS will review and evaluate the issue at a later date. AMS proposed revising the scoring guidelines for sprouts to read as follows: Score as damage when 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. Score as serious damage when 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. AMS received four comments opposing this revision. They believe the existence of a 3⁄4 inch sprout constitutes a level of damage unacceptable to the industry. They also believe there should be no distinction between shipping point and destination. While there are measures in place throughout the marketing chain to control the development of sprouts, sprouts can nonetheless naturally progress while potatoes are in transit. An en route or at destination tolerance takes into account the natural progression of this defect, but should not compromise the quality of the U.S. No. 1 grade. Therefore, AMS is revising the scoring guideline for sprouts as proposed. Additionally, a comment was received suggesting AMS give special consideration to allow for packing a U.S. No. 1 mixed variety of potato. This change is outside the scope of this rulemaking but will be considered separately at a later time. Based on all the comments received and information gathered, AMS believes these revisions to the standards will foster marketing of fresh potatoes. The official grade of a lot of potatoes covered by these standards are determined by the procedures set forth E:\FR\FM\21MRR1.SGM 21MRR1 15055 Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Rules and Regulations in the Regulations Governing Inspection, Certification, and Standards of Fresh Fruits, Vegetables and Other Products (Sec. 51.1 to 51.61). List of Subjects in 7 CFR Part 51 PART 51—[AMENDED] § 51.1544 For reasons set forth in the preamble, 7 CFR part 51 is amended as follows: I 1. The authority citation for part 51 continues to read as follows: I I 4. In § 51.1545, Table I is revised to read as follows: § 51.1545 Size. * Subpart—United States Standards for Grades of Potatoes § 51.1540 [Removed and Reserved] I 3. Remove and reserve § 51.1544. I Authority: 7 U.S.C. 1621—1627. Agricultural commodities, Food grades and standards, Fruits, Nuts, Reporting and recordkeeping requirements, Trees, Vegetables. [Removed and Reserved] * * * * 2. Remove and reserve § 51.1540. TABLE I Minimum diameter 1 or weight Size designation Inches Creamer ................................................................................................................................... Chef ......................................................................................................................................... Size A 2 .................................................................................................................................... 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 4 1 ⁄2 (3 ) 2 1 ⁄4 2 1 ⁄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 * * * * * 5. In § 51.1546, paragraph (a) is revised to read as follows: I § 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. * * * * * 6. In § 51.1564, Table III is revised, and new Tables IV, V, and VI are added to read as follows: I § 51.1564 External defects. * * * * * TABLE III.—EXTERNAL DEFECTS Damage Serious damage Air Cracks ............................ jlentini on PROD1PC65 with RULES Defect 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 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. VerDate Aug<31>2005 20:55 Mar 20, 2008 Jkt 214001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\21MRR1.SGM 21MRR1 15056 Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Rules and Regulations TABLE III.—EXTERNAL DEFECTS—Continued Defect Damage Serious damage Artificial Coloring .................. 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 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 concealing a serious defect or when penetrating into the flesh and removal causes loss of more than 10 percent of total weight of potato. Bruises (Not including pressure bruise and sunken discolored areas). Cuts ...................................... Dirt ........................................ 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 .......................... Russeting (On Non Russet Type). Rodent or Bird Damage ....... jlentini on PROD1PC65 with RULES Scab, Pitted .......................... Scab, Russet ........................ VerDate Aug<31>2005 20:55 Mar 20, 2008 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 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 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. 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. Jkt 214001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 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 (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. When seriously detracting from the appearance of the potato. When affecting over 25 percent of the surface area. 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 the 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 of the length 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 11⁄4 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. N/A. 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 11⁄4 inch on a 21⁄2 inch or 6 ounce potato). Correspondingly lesser or greater areas in smaller or larger potatoes. 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. E:\FR\FM\21MRR1.SGM 21MRR1 15057 Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Rules and Regulations TABLE III.—EXTERNAL DEFECTS—Continued Defect Damage Serious damage Scab, Surface ...................... 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 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 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 more than 10 percent of total weight of potato. SEE TABLE VI. 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. Second Growth .................... Silver Scurf ........................... Sprouts ................................. Sunburn ............................... Sunken Discolored Areas .... Surface Cracks (Areas affected by fine net-like cracking should be ignored.). Wireworm or Grass Damage 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) 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 .............. No. 2 (aggregate area) 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 than: ................ ................ ................ ................ No. 2 (depth) Not more than: 1⁄4 in 3⁄8 in 1⁄2 in 5⁄8 in TABLE VI.—SUNKEN DISCOLORED AREAS MAXIMUM AREA ALLOWED jlentini on PROD1PC65 with RULES 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 .............. VerDate Aug<31>2005 20:55 Mar 20, 2008 Jkt 214001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\21MRR1.SGM 21MRR1 No. 2 (aggregate area) 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 15058 Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Rules and Regulations §51.1565 7. In § 51.1565, Table IV is redesignated as Table I and revised to read as follows: I * * Internal Defects. * * * TABLE I.—INTERNAL DEFECTS Damage maximum allowed Defects Serious damage maximum allowed 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. 5 percent waste ................................................ 10 percent waste. 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. 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 3⁄4 inch in diameter in a potato 21⁄2–inches in diameter or 6 ounces in weight.1 Light Brown Discoloration (Brown Center) ........ 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 that of weight.1 Area affected not to exceed a circle 3⁄4 inch in diameter in a potato 2–1⁄2 inches in diameter or 6 ounces in weight.1 Occurring entirely within the vascular ring Internal Brown Spot and Similar Discoloration (Heat Necrosis). 1Note: 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 Correspondingly lesser or greater areas in smaller or larger potatoes. Authority: 7 U.S.C. 1621–1627. providing the required controlled airspace to support these approaches around Danville, KY. This action also imparts a technical amendment to change the airport’s name from Goodall Field Airport to Stuart Powell Field Airport. Dated: March 17, 2008. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. 08–1058 Filed 3–18–08; 2:27 pm] BILLING CODE 3410–02–P Effective 0901 UTC, June 5, 2008. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. Comments for inclusion in the Rules Docket must be received on or before May 5, 2008. ADDRESSES: Send comments on this rule to: U.S. Department of Transportation, Docket Operations, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590–0001; Telephone: 1–800– 647–5527; Fax: 202–493–2251. You must identify the Docket Number FAA– 2007–0246; Airspace Docket No. 07– ASO–26, at the beginning of your comments. You may also submit and review received comments through the Internet at https://www.regulations.gov. You may review the public docket containing the rule, any comments received, and any final disposition in person in the Dockets Office (see DATES: DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2007–0246; Airspace Docket No. 07–ASO–26] Amendment of Class E Airspace; Danville, KY Federal Aviation Administration (FAA), DOT. ACTION: Direct final rule, request for comments. AGENCY: jlentini on PROD1PC65 with RULES 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 SUMMARY: This action modifies Class E Airspace at Danville, KY. Additional airspace is required to support new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) that have been developed for Stuart Powell Field Airport. This action enhances the safety and management of Instrument Flight Rule (IFR) operations in the area by VerDate Aug<31>2005 20:55 Mar 20, 2008 Jkt 214001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 ADDRESSES section for address and phone number) between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. An informal docket may also be examined during normal business hours at the office of the Eastern Service Center, Federal Aviation Administration, Room 210, 1701 Columbia Avenue, College Park, Georgia 30337. FOR FURTHER INFORMATION CONTACT: Daryl Daniels, Airspace Specialist, System Support Group, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; Telephone (404) 305–5581, Fax 404– 305–5572. SUPPLEMENTARY INFORMATION: The Direct Final Rule Procedure The FAA anticipates that this regulation will not result in adverse or negative comments, and, therefore, issues it as a direct final rule. The FAA has determined that this rule only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Unless a written adverse or negative comment or a written notice of intent to submit an adverse or negative comment is received within the comment period, the regulation will become effective on E:\FR\FM\21MRR1.SGM 21MRR1

Agencies

[Federal Register Volume 73, Number 56 (Friday, March 21, 2008)]
[Rules and Regulations]
[Pages 15052-15058]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-1058]

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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 51

[Docket AMS-2006-0136; FV-06-303]

Potatoes; Grade Standards

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: This rule revises the United States Standards for Grades of
Potatoes. These standards are issued under the Agricultural Marketing
Act of 1946. The rule provides en route or at destination tolerances
for the U.S. No. 1 and U.S. No. 2 grades, revises current tolerances in
all grades, deletes the U.S. Extra No. 1 grade and ``Unclassified''
section, and defines 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 are also revised 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, changes to the current scoring guide for sprouts
are being made. In the Internal Defects section, Internal Black Spot is
revised by implementing a color chip to assist in the scoring of this
defect. Also, Table IV in this section is redesignated as Table I.
Additionally, a revised large size is added as well as the inclusion of
Chef and Creamer sizes. Most of the changes were the result 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. This rule updates and revises the standards to more
accurately reflect today's marketing practices.

DATES: Effective April 21, 2008.

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

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 Harmonization Council (Council) which was
established by the United States Secretary of Agriculture and the
Canadian Minister of Agriculture, is 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 revisions. The revision 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 (5 U.S.C. 601-612) (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 final
regulatory flexibility analysis. Interested parties are invited to
submit information on the regulatory and informational impacts of this
action on small businesses.
This rule revises the U.S. Standards for Grades of Potatoes that
were issued under the Agricultural Marketing Act of 1946 (7 U.S.C.
1621-1627) (Act). Standards issued under the Act are voluntary.
Small agricultural service firms, which include handlers and
importers, 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. Additionally, there are
approximately 180 handlers of potatoes which are classified as small
entities, that may be affected by this rule.
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 therefore be
considered large potato

[[Page 15053]]

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 the 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.
In addition, an estimated 168 importers of potatoes may be affected
by this rule. Many of these importers may be classified as small
entities.
This rule develops en route or at destination tolerances for the
U.S. No. 1 and U.S. No. 2 grades, revises the current tolerances in all
grades, deletes the ``Unclassified'' section, and defines 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 are revised 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 was proposed. In the Internal Defects
section, Internal Black Spot is revised by implementing a color chip to
assist in the scoring of this defect. Also, Table IV in this section is
redesignated as Table I. Additionally, a revised large size as well as
a Chef and Creamer sizes are added to the size section of the standard.
The effects of this rule are not expected to be disproportionately
greater or smaller for small handlers, producers, or importers than for
larger entities. This action would make the standard more consistent
and uniform with marketing trends and practices. This 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).
A proposed rule regarding these revisions to the United States
Standards for Grades of Potatoes was published in the Federal Register
on September 22, 2006 [71 FR 55356]. A comment period of sixty days was
issued which closed on November 21, 2006.

Comments

In response to the request for comments, AMS received comments from
twenty-five respondents in regards to the proposed revisions. One
response was from a potato committee, and fifteen additional comments
were received from the committee's members, all supporting the
proposal. Four comments were received from a potato council
representing growers and producers of potatoes, of which three of the
comments supported the proposal. One supporting comment was from a
national trade association representing independent produce receivers,
and two supporting comments were received from two State potato
committees. One comment was received from a shipper supporting the
proposed rule, while another shipper's comments opposed the entire
proposed rule. In addition to commenting in support or opposition to
the proposed rule, some commentors also proposed additional revisions.
A comment received from a potato shipper opposing the entire
proposed rule stated while the shipper supported revisions to the
standards that make the inspection process more consistent, the shipper
did not agree with relaxing the U.S. standards in order to harmonize
them with Canada's standards. The proposed revisions are generally for
defects and scoring guidelines that were defined as materially
detracting from the appearance of the potato. The intent of these
revisions is not to relax the standards or allow for inferior product.
The revised scoring guidelines were adopted by the harmonization
committee to make the two standards more consistent and uniform with
one another; which would also assist in the importing and exporting of
potatoes between the two countries. Accordingly, AMS is proceeding with
the revision as proposed.
AMS proposed the deletion of the U.S. Extra No. 1 and the
``Unclassified'' section. One comment was received from a national
trade association supporting the deletion of the U.S. Extra No. 1
grade, but was opposed to deleting the ``Unclassified'' section because
they believe that it serves a useful purpose in categorizing ungraded
lots of potatoes. Some sectors of the industry have assumed that
``Unclassified'' is an actual grade. However, ``Unclassified'' is not
an actual grade. Further, unclassified is being deleted from all
standards that are revised because this category is not a grade and
only serves to show that no grade has been applied to the lot. It is no
longer considered necessary. Therefore, to avoid further confusion all
references to this term are eliminated.
AMS proposed adding a ``Chef'' and ``Creamer'' size as well as
increasing the maximum diameter and weight in the Large size from 4\1/
4\ inches or 16 ounces to 4\1/2\ inches or 28 ounces. One comment was
received from a State committee also supporting the proposal, but
recommended the USDA change the creamer maximum diameter from the
proposed 1\5/8\ inches to 1\7/8\ inches. The commentor believes the
1\7/8\ inches corresponds to what is currently being used in the
industry for ``C'' or creamer type potatoes. The proposed maximum
diameter of 1\5/8\ inches was determined to be best suited to be used
by the U.S. and Canada for national and international trade.
Additionally, the committee asks that the ``Chef'' designation be
reevaluated as it has a very similar size profile encompassing both the
medium and the proposed large size. This size was proposed by the
industry and has been in practice by some members of both U.S. and
Canadian industry, prior to this proposal. Therefore, AMS is proceeding
with the chef and creamer sizes as proposed.
AMS proposed ``en route'' or ``at destination'' tolerances in the
U.S. No. 1 and No. 2 grades as well as deleting the 3 percent tolerance
for potatoes which are affected by freezing, southern bacterial wilt,
ring rot, late blight, soft rot or wet breakdown. An opposing comment
was received from a national trade association stating that its members
opposed the en route or at destination tolerances because they believe
it would dilute the grades and allow for a lesser quality product to
enter the marketplace. We disagree. ``en route'' or ``at destination''
tolerances are generally applicable to all lots and will make this
standard consistent with other U.S. standards. The tolerances are
intended to better reflect product quality in the marketplace. The
comment also stated that good delivery tolerances under the Perishable
Agricultural Commodities Act (PACA) already allowed for damage en route
or at destination. While there is PACA suitable shipping condition
guidelines

[[Page 15054]]

in place, they are a separate set of guidelines which are not
applicable to these standards. Furthermore, ``en route'' or ``at
destination'' tolerances are generally applicable to all lots and will
make this standard consistent with other U.S. standards. Therefore, AMS
is proceeding with the revisions as proposed.
AMS proposed defining damage and serious damage for the following
defects as well as adding them to Table III in 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. Five commenters opposed and requested tighter scoring
criteria. One commenter said its members were dissatisfied with the
proposed scoring criteria even though the intent is to provide an
objective means of evaluating defects, beyond materially/seriously
detracting from the appearance of the potato. In their view the
proposed changes are too lenient. Additionally, two commenters believed
the proposed 50 percent of the surface area allowed for silver scurf
was too strict and recommended it be set at 55 percent of the surface
area. They also suggested the term aggregate be used when referencing
removal of damage caused by root knot nematodes. The proposed scoring
guidelines, including silver scurf, as well as the current application
of the potato inspection instructions reflect the results of studies
conducted under the U.S./Canadian Harmonization Project. As such, the
standards should be updated to reflect current market practices. Damage
caused by root knot nematodes is currently scored on a waste basis by
weight, therefore the use of the term aggregate is not necessary.
Therefore, AMS is proceeding with the revisions as proposed.
AMS also proposed the following defects and scoring guidelines,
which are currently listed in Table III of the External Defects
section, 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.
One commentor opposed the proposed scoring guide for growth cracks
because he believes the depth guide is too lenient and doesn't take
into account how growth cracks can alter the shape as to materially
detract from the form of the potato. Growth cracks and misshapen tubers
are two separate defects with individual scoring guidelines. If the
shape of the potato is altered or compromised, the scoring guidelines
for shape, which are currently in the standard would apply. Revising
the scoring criteria for growth cracks provides an objective means of
evaluating this particular defect. Therefore, the scoring guide is
revised as proposed.
A comment was received suggesting AMS review the scoring criteria
in the proposal for both grub damage and rodent or bird damage due to
each defect having the same criteria for damage and serious damage.
After reviewing these proposed scoring criteria, AMS has identified
errors that were made in the proposed scoring criteria for serious
damage. The scoring criteria for serious damage in both defects
incorrectly stated ``i.e. more than \3/4\ inch on a 2\1/2\ inch or 6
ounce potato.'' Therefore, the scoring criteria has been corrected to
read, ``i.e. more than 1\1/4\ inch on a 2\1/2\ inch or 6 ounce
potato.'' This final rule reflects these changes.
Four comments suggested that AMS remove all references to
``appearance'' or ``when materially detracting from appearance of the
potato'' when determining scoring criteria for any defect. In their
view, this would provide an objective means of evaluating the defects
and would avoid the subjectivity of opinion. AMS is removing all
references to ``appearance'' or ``when materially detracting from
appearance of the potato'' when possible. However, these references can
not be removed from all the defects or their scoring guidelines due to
several factors associated with these defects and their progression.
For example, some defects will progress more rapidly than others when
they are exposed to any moisture, therefore making it more difficult to
meet specific scoring criteria when more time is needed during storage
and/or transportation. Also, the proposed references to ``appearance''
or ``when materially detracting from appearance of the potato'' in the
scoring criteria for bruising, were made in error. Therefore, AMS is
removing in this final rule, the references to ``appearance'' or ``when
materially detracting from appearance of the potato'' in the scoring
guidelines for bruising.
One comment received concerned internal black spot. The comment
asked for a comment period to be opened on color chip POT-CC-2
(internal black spot). The comments asserted that it would be difficult
for the industry to make a reasonable comment on the chip itself when
there are no alternatives. Prior to the developing of this rule, AMS,
Fresh Product Branch field offices presented three alternative color
chips were distributed to a large number of potato growers, packers,
and wholesale marketers to determine which color chip was appropriate
to use in the standards. The color chip that was selected reflects a
consensus of industry feedback. Therefore, the color chip POT-CC-2 will
be referenced as stated in the proposal.
Several commenters also suggested that color chips or visual aids
be developed for external discoloration, greening, and elephant hide.
They believe this would be a useful tool for identifying and scoring
these defects. AMS develops color chips or visual aids continuously and
will evaluate the needs for developing color chips or visual aids for
the proposed defects. Color chips for the suggested defects above
require additional research which can not be addressed in this action.
However, AMS will review and evaluate the issue at a later date.
AMS proposed revising the scoring guidelines for sprouts to read as
follows: Score as damage when 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. Score as serious
damage when 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. AMS received four comments opposing
this revision. They believe the existence of a \3/4\ inch sprout
constitutes a level of damage unacceptable to the industry. They also
believe there should be no distinction between shipping point and
destination. While there are measures in place throughout the marketing
chain to control the development of sprouts, sprouts can nonetheless
naturally progress while potatoes are in transit. An en route or at
destination tolerance takes into account the natural progression of
this defect, but should not compromise the quality of the U.S. No. 1
grade. Therefore, AMS is revising the scoring guideline for sprouts as
proposed.
Additionally, a comment was received suggesting AMS give special
consideration to allow for packing a U.S. No. 1 mixed variety of
potato. This change is outside the scope of this rulemaking but will be
considered separately at a later time.
Based on all the comments received and information gathered, AMS
believes these revisions to the standards will foster marketing of
fresh potatoes.
The official grade of a lot of potatoes covered by these standards
are determined by the procedures set forth

[[Page 15055]]

in the Regulations Governing Inspection, Certification, and Standards
of Fresh Fruits, Vegetables and Other Products (Sec. 51.1 to 51.61).

List of Subjects in 7 CFR Part 51

Agricultural commodities, Food grades and standards, Fruits, Nuts,
Reporting and recordkeeping requirements, Trees, Vegetables.

PART 51--[AMENDED]

0
For reasons set forth in the preamble, 7 CFR part 51 is amended as
follows:
0
1. The authority citation for part 51 continues to read as follows:

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

Subpart--United States Standards for Grades of Potatoes Sec.
51.1540 [Removed and Reserved]

0
2. Remove and reserve Sec. 51.1540.

Sec. 51.1544 [Removed and Reserved]

0
3. Remove and reserve Sec. 51.1544.

0
4. In Sec. 51.1545, Table I is revised to read as follows:

Sec. 51.1545 Size.

* * * * *

Table I
----------------------------------------------------------------------------------------------------------------
Minimum diameter \1\ or Maximum diameter
weight \1\ or 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.

* * * * *

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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.
(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 Sec. 51.1547.
* * * * *

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6. In Sec. 51.1564, Table III is revised, and new Tables IV, V, and VI
are added to read as follows:

Sec. 51.1564 External defects.

* * * * *

Table III.--External Defects
------------------------------------------------------------------------
Defect Damage Serious damage
------------------------------------------------------------------------
Air Cracks.................. When removal causes When removal causes
a loss of more than a loss of more than
5 percent of the 10 percent of the
total weight of the total weight of the
potato or when the potato or when the
air crack(s) air crack(s)
affects more than affects more than
\1/3\ the length or \3/4\ the length or
diameter of the diameter of the
potato (whichever potato (whichever
is greater) in the is greater) in the
aggregate. aggregate.

[[Page 15056]]

Artificial Coloring......... When unsightly or When concealing a
when concealing any serious defect or
defect causing when penetrating
damage or when into the flesh and
penetrating the removal causes loss
flesh and removal of more than 10
causes loss of more percent of total
than 5 percent of weight of potato.
total weight of
potato.
Bruises (Not including When removal causes When removal causes
pressure bruise and sunken a loss of more than a loss of more than
discolored areas). 5 percent of the 10 percent of the
total weight of the weight of the
potato or when the potato or when the
area affected is area affected is
more than 5 percent more than 10
of the surface in percent of the
the aggregate (i.e. surface in the
\3/4\ inch on a 2\1/ aggregate (i.e. 1\1/
2\ inch or 6 oz. 4\ inches on a 2\1/
potato). 2\ inch or 6 oz.
Correspondingly potato).
lesser or greater Correspondingly
areas in smaller or lesser or greater
larger potatoes. areas in smaller or
larger potatoes.
Cuts........................ When one smooth cut Cut(s) that affect
affects more than 5 more than 10
percent of the percent of the
surface area. surface area in the
aggregate or when a
single side cut
extends beyond \1/
2\ the length of
the potato.
Dirt........................ When materially When seriously
detracting from the detracting from the
appearance of the appearance of the
potato. potato.
Elephant Hide............... When affecting over When affecting over
10 percent of the 25 percent of the
surface area of the surface area.
potato.
Enlarged Lenticels.......... When materially When seriously
detracting from the detracting from the
appearance of the appearance of the
potato. potato.
External Discoloration When more than 30 When more than 60
(Areas that are light tan percent of the percent of the
or lighter in color and surface is affected surface is affected
blends should be ignored). by light tan or by light tan or
light brown colors light brown colors
which do not blend which do not blend
or when more than or when more than
15 percent of the 30 percent of the
surface is affected surface is affected
by colors darker by colors darker
than light tan or than light tan or
light brown. light brown.
Flattened or Depressed Areas/ When removal of When removal of
Pressure Bruises. underlying underlying
discolored flesh discolored flesh
causes a loss of the causes a loss
more than 5 percent of more than 10
of the total weight percent of the
of the potato or weight of the
when the flattened potato or when the
or depressed flattened depressed
area(s) covers more area(s) covers more
surface area than surface area than
allowed in Table allowed in the
IV. (See Table IV.). Table IV. (See
Table IV.)
Flea Beetle Injury.......... When materially When seriously
detracting from the detracting from the
appearance or when appearance of the
removal causes a potato or when
loss of more than 5 removal causes a
percent of the loss of more than
total weight of the 10 percent of the
potato or when the weight of the
area affected is potato or when the
more than 5 percent area affected is
of the surface in more than 10
the aggregate. percent of the
surface in the
aggregate.
Greening.................... When removal causes When removal causes
a loss of more than a loss of more than
5 percent of the 10 percent of the
total weight of the weight of the
potato or when potato or when
green color affects green color affects
more than 25 more than 50
percent of the percent of the
surface in the surface in the
aggregate. aggregate.
Growth Cracks............... When the growth When the growth
crack(s) affects crack(s) affects
more than \1/2\ the more than \3/4\ the
length of the of the length
potato in the potato in the
aggregate on round aggregate or when
varieties or more the depth is
than \1/3\ the greater than that
length in the as outlined in
aggregate on long Table V. (See Table
varieties; or, when V.)
the depth is
greater than that
as outlined in
Table V. (See Table
V.).
Grub Damage................. When removal causes When removal causes
a loss of more than a loss of more than
5 percent of the 10 percent of the
total weight of the total weight of the
potato or when potato or when
affecting more than affecting more than
5 percent of the 10 percent of the
surface area (i.e. surface area (i.e.
more than \3/4\ more than 1\1/4\
inch on a 2\1/2\ inch on a 2\1/2\
inch or 6 ounce inch or 6 ounce
potato). potato).
Correspondingly Correspondingly
lesser or greater lesser or greater
areas in smaller or areas in smaller or
larger potatoes. larger potatoes.
Insects or Worms............ (See Serious When present inside
Damage.). the potato.
Nematode (Root Knot)........ When removal causes When removal causes
loss of more than 5 loss of more than
percent of total 10 percent of total
weight of potato. weight of potato.
Rhizoctonia................. When affecting more When affecting more
than 15 percent of than 50 percent of
the surface in the the surface in the
aggregate. aggregate.
Russeting (On Non Russet When more than 50 N/A.
Type). percent of the
surface is affected
in the aggregate.
Rodent or Bird Damage....... When removal causes When removal causes
a loss of more than a loss of more than
5 percent of the 10 percent of the
total weight of the total weight of the
potato or when potato or when
affecting more than affecting more than
5 percent of the 10 percent of the
surface area (i.e. surface area (i.e.
more than \3/4\ more than 1\1/4\
inch on a 2\1/2\ inch on a 2\1/2\
inch or 6 ounce inch or 6 ounce
potato). potato).
Correspondingly Correspondingly
lesser or greater lesser or greater
areas in smaller or areas in smaller or
larger potatoes. larger potatoes.
Scab, Pitted................ When removal causes When the removal
a loss of more than causes a loss of
5 percent of the more than 10
total weight of the percent of the
potato or when scab total weight of the
affects an potato or when scab
aggregate area of affects an
more than \1/2\ aggregate area of
inch. (Based on a more than 1 inch.
potato 2\1/2\ (Based on a potato
inches in diameter 2\1/2\ inches in
or 6 oz. in diameter or 6 oz.
weight.) in weight.)
Correspondingly Correspondingly
lesser or greater lesser or greater
areas in smaller or areas in smaller or
larger potatoes. larger potatoes.
Scab, Russet................ Smooth and affecting Rough and affecting
more than \1/3\ of more than 25
the surface or percent of the
rough russet scab surface in the
which affects more aggregate.
than 10 percent of
the surface in the
aggregate.

[[Page 15057]]

Scab, Surface............... When more than 5 When more than 25
percent of the percent of the
surface in the surface in the
aggregate is aggregate is
affected. affected.
Second Growth............... When materially When seriously
detracting from the detracting from the
appearance of the appearance of the
potato. potato.
Silver Scurf................ When affecting more When its severity
than 50 percent of causes a wrinkling
the surface area of of the skin over
the potato. more than 50
percent of the
surface.
Sprouts..................... Not more than 5 Not more than 10
percent of the percent of the
potatoes in a lot potatoes in a lot
may have individual may have individual
or clusters of or clusters of
sprouts not more sprouts not more
than \1/4\ inch at than \1/2\ inch at
shipping point and shipping point and
\1/2\ inch at 1 inch at
destination. destination.
Sunburn..................... When removal causes When removal causes
loss of more than 5 loss more than 10
percent of total percent of total
weight of potato. weight of potato.
Sunken Discolored Areas..... SEE TABLE VI........ SEE TABLE VI.
Surface Cracks (Areas When smooth shallow When rough deep
affected by fine net-like cracking affects cracking affects
cracking should be more than \1/3\ of more than 10
ignored.). the surface or when percent of the
rough deep cracking surface.
affects more than 5
percent of the
surface.
Wireworm or Grass Damage.... When affecting the When affecting the
flesh of the potato flesh of the potato
and removal causes and removal causes
loss of more than 5 loss of more than
percent of total 10 percent of total
weight of potato.. 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: Potato is: Not more than: Not more than:
Less than 2 in.............. Less than 4 oz.. \1/2\ in................. 1 in
2 to 2\1/2\ in.............. 4 to 6 oz....... 1 in..................... 1\1/2\ in
More than 2\1/2\ to 3 in.... More than 6 to 8 1\1/4\ in................ 1\3/4\ in
oz.
More than 3 to 3\1/2\ in.... More than 8 to 1\1/2\ in................ 1\7/8\ in
14 oz.
More than 3\1/2\ to 4 in.... More than 14 to 1\3/4\ in................ 2 in
20 oz.
More than 4 to 4\1/2\ in.... More than 20 to 2 in..................... 2\1/4\ in
28 oz.
More than 4\1/2\ to 5 in.... More than 28 to 2\1/4\ in................ 2\3/4\ in
36 oz.
More than 5 in.............. More than 36 oz. 2\1/2\ in................ 3\1/4\ in
----------------------------------------------------------------------------------------------------------------

Table V--Depth Allowed for Growth Cracks
----------------------------------------------------------------------------------------------------------------
Diameter Weight No. 1 (depth) No. 2 (depth)
----------------------------------------------------------------------------------------------------------------
Potato is: Potato is: Not more than: Not more than:
Less than 2 in.............. Less than 4 oz.. \1/8\ in................. \1/4\ in
2 to 2\1/2\ in.............. 4 oz to 6 oz.... \1/4\ in................. \3/8\ in
More than 2\1/2\ to 3 in.... More than 6 oz \3/8\ in................. \1/2\ in
to 8 oz.
More than 3 in.............. More than 8 oz.. \1/2\ in................. \5/8\ in
----------------------------------------------------------------------------------------------------------------

Table VI.--Sunken Discolored Areas Maximum Area Allowed
----------------------------------------------------------------------------------------------------------------
Diameter Weight No. 1 (aggregate area) No. 2 (aggregate area)
----------------------------------------------------------------------------------------------------------------
Potato is: Potato is: Not more than: Not more than:
Less than 2 in.............. Less than 4 oz.. \3/8\ in................. \3/4\ in
2 to 2\1/2\ in.............. 4 to 6 oz....... \3/4\ in................. 1 in
More than 2\1/2\ to 3 in.... More than 6 to 8 1 in..................... 1\1/4\ in
oz.
More than 3 to 3\1/2\ in.... More than 8 to 1\1/4\ in................ 1\1/2\ in
14 oz.
More than 3\1/2\ to 4 in.... More than 14 to 1\1/2\ in................ 1\3/4\ in
20 oz.
More than 4 to 4\1/2\ in.... More than 20 to 1\3/4\ in................ 2 in
28 oz.
More than 4\1/2\ to 5 in.... More than 28 to 2 in..................... 2\1/4\ in
36 oz.
More than 5 in.............. More than 36 oz. 2\1/4\ in................ 2\1/2\ in
----------------------------------------------------------------------------------------------------------------

[[Page 15058]]

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7. In Sec. 51.1565, Table IV is redesignated as Table I and revised to
read as follows:

Sec. 51.1565 Internal Defects.

* * * * *

Table I.--Internal Defects
------------------------------------------------------------------------
Damage maximum Serious damage
Defects allowed maximum allowed
------------------------------------------------------------------------
Occurring outside of or not entirely confined to the vascular ring
------------------------------------------------------------------------
Ingrown Sprouts, Internal 5 percent waste... 10 percent waste.
Discoloration, Vascular
Browning, Fusarium Wilt, Net
Necrosis, Other Necrosis, Stem
End Browning.
------------------------------------------------------------------------
Internal Black Spot............. When the spot(s) When the spot(s)
are darker than are darker than
the official the official
color chip (POT- color chip (POT-
CC-2) after CC-2) after
removing 5 removing 10
percent of the percent of the
total weight of total weight of
the potato. the potato.
------------------------------------------------------------------------
Occurring entirely within the vascular ring
------------------------------------------------------------------------
Hollow Heart or Hollow Heart Area affected not Area affected not
with Discoloration. to exceed that of to exceed that of
a circle \1/2\ a circle \3/4\
inch in diameter inch in diameter
in a potato 2\1/ in a potato 2\1/
2\-inches in 2\-inches in
diameter or 6 diameter or 6
ounces in ounces in
weight.\1\ weight.\1\
------------------------------------------------------------------------
Light Brown Discoloration (Brown Area affected not Area affected not
Center). to exceed that of to exceed a
a circle \1/2\ circle \3/4\ inch
inch in diameter in diameter in a
in a potato 2\1/ potato 2-\1/2\
2\-inches in inches in
diameter or 6 diameter or 6
ounces in that of ounces in
weight.\1\ weight.\1\
------------------------------------------------------------------------
Occurring entirely within the vascular ring
------------------------------------------------------------------------
Internal Brown Spot and Similar Not more than the Not more than the
Discoloration (Heat Necrosis). equivalent of 3 equivalent of 6
scattered spots scattered spots
\1/8\ inch in \1/8\ inch in
diameter in a diameter in a
potato 2\1/2\- potato 2\1/2\-
inches in inches in
diameter or 6 diameter or 6
ounces in ounces in
weight.\1\ weight.\1\
------------------------------------------------------------------------
\1\Note: Correspondingly lesser or greater areas in smaller or larger
potatoes.

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

Dated: March 17, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. 08-1058 Filed 3-18-08; 2:27 pm]
BILLING CODE 3410-02-P

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