United States Standards for Grades of Potatoes, 22707-22710 [2010-9822]
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22707
Proposed Rules
Federal Register
Vol. 75, No. 83
Friday, April 30, 2010
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 51
[Doc. No. AMS–FV–08–0023]
United States Standards for Grades of
Potatoes
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 which were issued
under the Agricultural Marketing Act of
1946. The Agricultural Marketing
Service (AMS) is proposing to amend
the similar varietal characteristic
requirement to allow mixed colors and/
or types of potatoes when designated as
a mixed or specialty pack.
Additionally, AMS is proposing to
add restrictive tolerances for permanent
defects in the en route/at destination
tolerances, and also remove the
unneeded definition for injury and
clarify the scoring guide for sprouts.
AMS also proposes to add table
numbers to the definitions of ‘‘Damage,’’
‘‘Serious Damage,’’ and ‘‘External
Defects,’’ amend table headings, replace
omitted language in the definition for
bruising, and amend language in the
tolerance section to ensure soft rot
tolerances are applied correctly.
The purpose of this revision is to
update and revise the standards to more
accurately represent today’s marketing
practices and to clarify existing
language.
DATES: Comments must be received by
June 1, 2010.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this proposal. Comments
must be sent to the Standardization and
Training Section, Fresh Products
Branch, Fruit and Vegetable Programs,
Agricultural Marketing Service, U.S.
Department of Agriculture, National
Training and Development Center,
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Riverside Business Park, 100 Riverside
Parkway, Suite 101, Fredericksburg, VA
22406; Fax (540) 361–1199, or on the
web at: www.regulations.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 viewed on the
www.regulations.gov Web site. 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/freshinspection.
FOR FURTHER INFORMATION CONTACT: Dr.
Carl Newell, at the above address or call
(540) 361–1120.
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.
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)
(5 U.S.C. 601–612) and in the
Paperwork Reduction Act (PRA), AMS
has considered the economic impact of
the proposed actions 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 these actions
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). Standards
issued under the 1946 Act are
voluntary.
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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 $7,000,000, 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 2006–2008 was $3.482 billion.
Dividing that figure by 15,014 farms
yields an average potato crop value per
farm of just under $232,000. 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. Furthermore, there are
approximately 180 handlers of potatoes
and approximately 168 importers of
potatoes that may be classified as small
entities and may be affected by this rule.
Additional evidence comes from
examining the Agricultural Census
acreage breakdown closely. Out of a
total of 15,014 potato farms in 2007, 19
percent were less than 10 acres and 66
percent were less than 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
2006–08 average crop value of $3.482
billion by the three-year average bearing
acres of 1.097 million, yielding an
average potato revenue per acre estimate
of $3,174. Dividing $750,000 by $3,174
shows that farms with 236 acres
received at least the average price in
2006–08 producing crops valued at
$750,000 or more, and would therefore
be considered large potato farms under
the SBA definition. Looking at farm
numbers for additional census size
categories shows that 11,718 potato
farms (78 percent) are under 220 acres
and 11,994 (80 percent) are less than
260 acres. Since a farm with 236 acres
of potatoes falls within this range, it can
be concluded that the proportion of
small potato farms under the SBA
definition is between 78 and 80 percent
of all U.S. potato farms.
The effects of this rule are not
expected to be disproportionately
greater or smaller for small handlers,
producers, or importers than for larger
entities. The proposed changes are to
amend the similar varietal characteristic
requirement, add restrictive tolerances
for permanent defects in the enroute/at
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destination tolerances, remove the
definition for injury, and clarify the
scoring guides for sprouts. Additionally,
AMS proposes to add table numbers to
the definitions of ‘‘Damage,’’ ‘‘Serious
Damage,’’ and ‘‘External Defects,’’ amend
table headings, replace omitted language
in the definition for bruising, and
amend the tolerance section to ensure
soft rot tolerances are applied correctly.
These proposed actions would make the
standard more consistent and uniform
with marketing trends and practices.
These proposed actions 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.
Alternatives to this proposed rule (7
CFR part 980) were considered,
including the option to issue the rule.
However, the need for revision has
increased as a result of changing market
characteristics, and the proposal
represents input from the potato
industry.
Background and Proposed Rule
A proposed rule was published in the
September 22, 2006, Federal Register
(71 FR 55356), seeking comments on
possible revisions to the United States
Standards for Grades of Potatoes. During
the comment period, a comment was
received requesting AMS give
consideration to allow packing of mixed
varieties in the U.S. No. 1 grade. While
this change was not in the scope of that
rulemaking, AMS believed the
suggestion should be considered
separately at a later time. AMS agrees
that inserting language into the standard
to allow mixed colors and/or types of
potatoes when designated as a mixed or
specialty pack would reflect current
marketing practices. Upon further
evaluation, AMS also believes that this
revision should be applied to the U.S.
No. 2 grade as well due to changes in
the marketing of potatoes. This proposal
would revise § 51.1541 (a) and § 51.1543
(a) concerning similar varietal
characteristics by inserting ‘‘except
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when designated as a mixed or specialty
pack’’ into the proposed standard to
allow for mixed colors and/or types of
potatoes when designated as a mixed or
specialty pack.
In addition, a March 21, 2008, rule (73
FR 15054 as corrected at 73 FR 70885)
finalized the September 26, 2006,
proposed rule by adding en route/at
destination tolerances to the U.S. No. 1
and U.S. No. 2 grades. However,
restrictive tolerances for permanent
defects implemented in those en route/
at destination tolerances were not
included. These restrictive tolerances
are necessary to ensure that additional
permanent defects are not allowed en
route or at destination than that allowed
at shipping point. Therefore, this
proposal would revise § 51.1546 (a)(1
(ii) by adding ‘‘Provided, That included
in this tolerance not more than a total
of 8 percent shall be allowed for
permanent defects: And provided
further, the following percentages shall
be allowed for the defects listed:’’ and
revise § 51.1546 (a)(3)(ii) by adding
‘‘Provided, That included in this
tolerance not more than a total of 10
percent shall be allowed for permanent
defects: And provided further, the
following percentages shall be allowed
for the defects listed:’’ Further, this
proposal would revise § 51.1546
(a)(1)(ii)(A) by adding ‘‘including therein
not more than 5 percent for permanent
external defects;’’ § 51.1546 (a)(1)(ii)(B)
by adding ‘‘including therein not more
than 5 percent for permanent internal
defects; and’’ § 51.1546 (a)(3)(ii)(A) by
adding ‘‘including therein not more than
6 percent for permanent external
defects;’’ and revise § 51.1546
(a)(3)(ii)(B) by adding ‘‘including therein
not more than 6 percent for permanent
internal defects; and’’
Additionally, the U.S. Extra No. 1
grade for potatoes was removed from the
standard and therefore the definition for
injury in the U.S. Standards for Grades
of Potatoes is no longer needed.
Therefore, AMS proposes to remove the
definition for injury from § 51.1559 and
reclassify § 51.1559 as ‘‘[Reserved].’’
AMS also has determined that the
current scoring guide for sprouts needs
further clarity. Accordingly, AMS
proposes to revise the language to help
ensure that the scoring guide for sprouts
is not interpreted incorrectly. The
proposed rule would revise the scoring
guide for damage by sprouts in Table III
as follows: ‘‘When more than 5 percent
of the potatoes in any lot have any
sprout more than 1⁄4 inch in length at
shipping point, more than 1⁄2 inch in
length at destination; or have numerous
individual and/or clusters of sprouts
which detract from the appearance of
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the potato.’’ Similarly, AMS would
revise the scoring guide for serious
damage by sprouts in Table III as
follows: ‘‘When more than 10 percent of
the potatoes in any lot have any sprout
more than 1⁄2 inch in length at shipping
point; more than 1 inch in length at
destination; or have numerous
individual and/or clusters of sprouts
that seriously detract from the
appearance of the potato. Serious
damage by sprouts shall only be scored
against the U.S. Commercial and U.S.
No. 2 grades.’’
Further, AMS proposes to add the
following language to ensure proper
application of soft rot tolerances in the
applicable tolerance sections:
§ 51.1546 (a)(1)(i)(B): ‘‘5 percent for
internal defects; and’’
§ 51.1546 (a)(1)(i)(C): ‘‘Not more than
a total of 1 percent for potatoes which
are frozen or affected by soft rot or wet
breakdown. See § 51.1547.’’
§ 51.1546 (a)(1)(ii)(C): ‘‘Not more than
a total of 2 percent for potatoes which
are frozen or affected by soft rot or wet
breakdown. See § 51.1547.’’
§ 51.1546 (a)(2)(iii) and § 51.1546
(a)(3)(i)(B): ‘‘6 percent for internal
defects; and’’
§ 51.1546 (a)(2)(iv) and § 51.1546
(a)(3)(i)(C): ‘‘Not more than a total of 1
percent for potatoes which are frozen or
affected by soft rot or wet breakdown.
See § 51.1547.’’
§ 51.1546 (a)(3)(ii)(C): ‘‘Not more than
2 percent for potatoes which are frozen
or affected by soft rot or wet breakdown.
See § 51.1547.’’
AMS also proposes for clarity to add
table numbers, amend table headings,
and replace omitted language in
sections: § 51.1546 (a)(2)(iii); § 51.1560;
§ 51.1561; § 51.1564; and § 51.1565.
A 30-day period is provided for
interested persons to comment. This
period is deemed appropriate in order to
implement these changes, if adopted, as
soon as possible to reflect current
marketing practices. Accordingly, AMS
proposes to amend the United States
Standards for Grades of Potatoes as
follows:
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.
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2. In § 51.1541, paragraph (a) is
revised to read as follows:
§ 51.1541
U.S. No. 1.
*
*
*
*
*
(a) Similar varietal characteristics,
except when designated as a mixed or
specialty pack;
*
*
*
*
*
3. In § 51.1543, paragraph (a) is
revised to read as follows:
§ 51.1543
U.S. No. 2.
*
*
*
*
*
(a) Similar varietal characteristics,
except when designated as a mixed or
specialty pack;
*
*
*
*
*
4. In § 51.1546, paragraph (a) is
revised to read as follows:
§ 51.1546
Tolerances.
*
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*
*
*
(a) For defects—(1) U.S. No. 1. (i) 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:
(A) 5 percent for external defects;
(B) 5 percent for internal defects; and
(C) Not more than a total of 1 percent
for potatoes which are frozen or affected
by soft rot or wet breakdown. See
§ 51.1547.
(ii) 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 a total of
8 percent shall be allowed for
permanent defects: And provided
further, the following percentages shall
be allowed for the defects listed:
(A) 7 percent for external defects,
including therein not more than 5
percent for permanent external defects;
(B) 7 percent for internal defects,
including therein not more than 5
percent for permanent internal defects;
and
(C) Not more than a total of 2 percent
for potatoes which are frozen or affected
by soft rot or wet breakdown. See
§ 51.1547.
(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 therein not more than:
(ii) 6 percent for external defects;
(iii) 6 percent for internal defects; and
(iv) Not more than a total of 1 percent
for potatoes which are frozen or affected
by soft rot or wet breakdown. See
§ 51.1547.
(3) U.S. No. 2. (i) 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:
(A) 6 percent for external defects;
(B) 6 percent for internal defects; and
(C) Not more than a total of 1 percent
for potatoes which are frozen or affected
by soft rot or wet breakdown. See
§ 51.1547.
(ii) 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 a total of
10 percent shall be allowed for
permanent defects: And provided
further, the following percentages shall
be allowed for the defects listed:
(A) 8 percent for external defects,
including therein not more than 6
percent for permanent external defects;
(B) 8 percent for internal defects,
including therein not more than 6
percent for permanent internal defects;
and
(C) Not more than a total of 2 percent
for potatoes which are frozen or affected
by soft rot or wet breakdown. See
§ 51.1547.
*
*
*
*
*
§ 51.1559
[Removed and Reserved]
5. Section 51.1559 is removed and
reserved.
6. Section 51.1560 is revised to read
as follows:
§ 51.1560
Damage.
‘‘Damage’’ means any defect, or any
combination of defects, which
materially detracts from the edible or
marketing quality, or the internal or
external appearance of the potato, or
any external defect which cannot be
removed without a loss of more than 5
percent of the total weight of the potato.
See Tables III, IV, V and VI in § 511564
and Table VII in § 51.1565.
7. Section 51.1561 is revised to read
as follows:
§ 51.1561
Serious damage.
‘‘Serious damage’’ means any defect,
or any combination of defects, which
seriously detracts from the edible or
marketing quality, or the internal or
external appearance of the potato, or
any external defect which cannot be
removed without a loss of more than 10
percent of the total weight of the potato.
See Tables III, IV, V and VI in § 51.1564
and Table VII in § 51.1565.
8. Section 51.1564 is amended by:
A. Amending the introductory text by
removing the reference ‘‘Table III’’, and
by adding the reference ‘‘Tables III, IV,
V and VI’’, in its place;
B. Amending Table III by revising the
column headings; and
C. Amending Table III by revising the
entries for ‘‘Bruises (Not including
pressure bruise and sunken discolored
areas)’’ and ‘‘Sprouts’’.
Revisions and addition read as
follows.
§ 51.1564
External defects.
*
*
*
*
*
TABLE III—EXTERNAL DEFECTS
Damage
Serious damage 1
*
*
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 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.
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Defects
*
Bruises (Not including pressure bruise and sunken
discolored areas).
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TABLE III—EXTERNAL DEFECTS—Continued
Defects
Serious damage 1
Damage
*
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*
*
Sprouts ................................. When more than 5 percent of the potatoes in any lot
1⁄4 inch in length at shiphave any sprout more than
ping point; more than 1⁄2 inch in length at destination;
or have numerous individual and/or clusters of
sprouts which materially detract from the appearance
of the potato.
*
*
*
*
*
*
*
When more than 10 percent of the potatoes in any lot
1⁄2 inch in length at shiphave any sprout more than
ping point; more than 1 inch in length at destination;
or have numerous individual and/or clusters of
sprouts which seriously detract from the appearance
of the potato. Serious damage by sprouts shall only
be scored against the U.S. Commercial and U.S. No.
2 grades.
*
*
*
1 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.
§ 51.1565
[Amended]
9. Section 51.1565 is amended by:
A. Amending the introductory text by
removing the reference ‘‘Table IV’’, and
by adding the reference ‘‘Table VII’’, in
its place; and
B. Amending Table VII, by removing
the column heading ‘‘Damage Maximum
allowed’’ and adding the heading
‘‘Damage Maximum Allowed’’ in its
place, and by removing the column
heading ‘‘Serious Maximum allowed’’,
and by adding the column heading
‘‘Serious Damage Maximum Allowed’’ in
its place.
Dated: April 22, 2010.
David R. Shipman,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 2010–9822 Filed 4–29–10; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2010–0434; Directorate
Identifier 2009–NM–221–AD]
RIN 2120–AA64
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Airworthiness Directives; BAE
Systems (Operations) Limited Model
BAe 146–100A and –200A Series
Airplanes
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
SUMMARY: We propose to adopt a new
airworthiness directive (AD) for the
products listed above. This proposed
AD results from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
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product. The MCAI describes the unsafe
condition as:
The operation of the airbrake lever in the
‘‘airbrakes out’’ to ‘‘lift spoiler’’ range has been
the subject of two occurrence reports. The lift
spoilers on the BAe 146 and Avro 146–RJ
aeroplanes have been designed to deploy on
landing to provide aerodynamic braking and
to dump lift to ensure that the wheel brakes
can provide the necessary speed reduction.
*
*
*
*
*
The effects of deceleration and landing
inertia loads can cause uncommanded
movement of the airbrake selector lever from
the ‘‘lift spoiler’’ position to the ‘‘airbrakes
out’’ position, causing the lift spoilers to
retract during the landing roll. This
condition, if not corrected, would increase
the landing distance, possibly resulting in a
runway overrun and consequent injury to
aeroplane occupants.
*
*
*
*
*
The proposed AD would require actions
that are intended to address the unsafe
condition described in the MCAI.
DATES: We must receive comments on
this proposed AD by June 14, 2010.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–40, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this proposed AD, contact BAE Systems
Regional Aircraft, 13850 McLearen
Road, Herndon, Virginia 20171;
telephone 703–736–1080; e-mail
raebusiness@baesystems.com; Internet
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https://www.baesystems.com/Businesses/
RegionalAircraft/index.htm. You may
review copies of the referenced service
information at the FAA, Transport
Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington. For
information on the availability of this
material at the FAA, call 425–227–1221.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Operations office between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Operations
office (telephone (800) 647–5527) is in
the ADDRESSES section. Comments will
be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT:
Todd Thompson, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 227–1175; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2010–0434; Directorate Identifier
2009–NM–221–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD based on those comments.
We have lengthened the 30-day
comment period for proposed ADs that
address MCAI originated by aviation
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]]>Agencies
[Federal Register Volume 75, Number 83 (Friday, April 30, 2010)]
[Proposed Rules]
[Pages 22707-22710]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-9822]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 /
Proposed Rules
[[Page 22707]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 51
[Doc. No. AMS-FV-08-0023]
United States Standards for Grades of Potatoes
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 which were issued under the Agricultural
Marketing Act of 1946. The Agricultural Marketing Service (AMS) is
proposing to amend the similar varietal characteristic requirement to
allow mixed colors and/or types of potatoes when designated as a mixed
or specialty pack.
Additionally, AMS is proposing to add restrictive tolerances for
permanent defects in the en route/at destination tolerances, and also
remove the unneeded definition for injury and clarify the scoring guide
for sprouts.
AMS also proposes to add table numbers to the definitions of
``Damage,'' ``Serious Damage,'' and ``External Defects,'' amend table
headings, replace omitted language in the definition for bruising, and
amend language in the tolerance section to ensure soft rot tolerances
are applied correctly.
The purpose of this revision is to update and revise the standards
to more accurately represent today's marketing practices and to clarify
existing language.
DATES: Comments must be received by June 1, 2010.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposal. Comments must be sent to the Standardization
and Training Section, Fresh Products Branch, Fruit and Vegetable
Programs, Agricultural Marketing Service, U.S. Department of
Agriculture, National Training and Development Center, Riverside
Business Park, 100 Riverside Parkway, Suite 101, Fredericksburg, VA
22406; Fax (540) 361-1199, or on the web at: www.regulations.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 viewed on the www.regulations.gov Web site. 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/freshinspection.
FOR FURTHER INFORMATION CONTACT: Dr. Carl Newell, at the above address
or call (540) 361-1120.
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. 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) (5 U.S.C. 601-612) and in the Paperwork Reduction
Act (PRA), AMS has considered the economic impact of the proposed
actions 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 these
actions 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). Standards issued under the 1946 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
$7,000,000, 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 2006-2008 was $3.482 billion. Dividing that figure by
15,014 farms yields an average potato crop value per farm of just under
$232,000. 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. Furthermore, there are
approximately 180 handlers of potatoes and approximately 168 importers
of potatoes that may be classified as small entities and may be
affected by this rule.
Additional evidence comes from examining the Agricultural Census
acreage breakdown closely. Out of a total of 15,014 potato farms in
2007, 19 percent were less than 10 acres and 66 percent were less than
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 2006-08
average crop value of $3.482 billion by the three-year average bearing
acres of 1.097 million, yielding an average potato revenue per acre
estimate of $3,174. Dividing $750,000 by $3,174 shows that farms with
236 acres received at least the average price in 2006-08 producing
crops valued at $750,000 or more, and would therefore be considered
large potato farms under the SBA definition. Looking at farm numbers
for additional census size categories shows that 11,718 potato farms
(78 percent) are under 220 acres and 11,994 (80 percent) are less than
260 acres. Since a farm with 236 acres of potatoes falls within this
range, it can be concluded that the proportion of small potato farms
under the SBA definition is between 78 and 80 percent of all U.S.
potato farms.
The effects of this rule are not expected to be disproportionately
greater or smaller for small handlers, producers, or importers than for
larger entities. The proposed changes are to amend the similar varietal
characteristic requirement, add restrictive tolerances for permanent
defects in the enroute/at
[[Page 22708]]
destination tolerances, remove the definition for injury, and clarify
the scoring guides for sprouts. Additionally, AMS proposes to add table
numbers to the definitions of ``Damage,'' ``Serious Damage,'' and
``External Defects,'' amend table headings, replace omitted language in
the definition for bruising, and amend the tolerance section to ensure
soft rot tolerances are applied correctly. These proposed actions would
make the standard more consistent and uniform with marketing trends and
practices. These proposed actions 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.
Alternatives to this proposed rule (7 CFR part 980) were
considered, including the option to issue the rule. However, the need
for revision has increased as a result of changing market
characteristics, and the proposal represents input from the potato
industry.
Background and Proposed Rule
A proposed rule was published in the September 22, 2006, Federal
Register (71 FR 55356), seeking comments on possible revisions to the
United States Standards for Grades of Potatoes. During the comment
period, a comment was received requesting AMS give consideration to
allow packing of mixed varieties in the U.S. No. 1 grade. While this
change was not in the scope of that rulemaking, AMS believed the
suggestion should be considered separately at a later time. AMS agrees
that inserting language into the standard to allow mixed colors and/or
types of potatoes when designated as a mixed or specialty pack would
reflect current marketing practices. Upon further evaluation, AMS also
believes that this revision should be applied to the U.S. No. 2 grade
as well due to changes in the marketing of potatoes. This proposal
would revise Sec. 51.1541 (a) and Sec. 51.1543 (a) concerning similar
varietal characteristics by inserting ``except when designated as a
mixed or specialty pack'' into the proposed standard to allow for mixed
colors and/or types of potatoes when designated as a mixed or specialty
pack.
In addition, a March 21, 2008, rule (73 FR 15054 as corrected at 73
FR 70885) finalized the September 26, 2006, proposed rule by adding en
route/at destination tolerances to the U.S. No. 1 and U.S. No. 2
grades. However, restrictive tolerances for permanent defects
implemented in those en route/at destination tolerances were not
included. These restrictive tolerances are necessary to ensure that
additional permanent defects are not allowed en route or at destination
than that allowed at shipping point. Therefore, this proposal would
revise Sec. 51.1546 (a)(1 (ii) by adding ``Provided, That included in
this tolerance not more than a total of 8 percent shall be allowed for
permanent defects: And provided further, the following percentages
shall be allowed for the defects listed:'' and revise Sec. 51.1546
(a)(3)(ii) by adding ``Provided, That included in this tolerance not
more than a total of 10 percent shall be allowed for permanent defects:
And provided further, the following percentages shall be allowed for
the defects listed:'' Further, this proposal would revise Sec. 51.1546
(a)(1)(ii)(A) by adding ``including therein not more than 5 percent for
permanent external defects;'' Sec. 51.1546 (a)(1)(ii)(B) by adding
``including therein not more than 5 percent for permanent internal
defects; and'' Sec. 51.1546 (a)(3)(ii)(A) by adding ``including
therein not more than 6 percent for permanent external defects;'' and
revise Sec. 51.1546 (a)(3)(ii)(B) by adding ``including therein not
more than 6 percent for permanent internal defects; and''
Additionally, the U.S. Extra No. 1 grade for potatoes was removed
from the standard and therefore the definition for injury in the U.S.
Standards for Grades of Potatoes is no longer needed. Therefore, AMS
proposes to remove the definition for injury from Sec. 51.1559 and
reclassify Sec. 51.1559 as ``[Reserved].''
AMS also has determined that the current scoring guide for sprouts
needs further clarity. Accordingly, AMS proposes to revise the language
to help ensure that the scoring guide for sprouts is not interpreted
incorrectly. The proposed rule would revise the scoring guide for
damage by sprouts in Table III as follows: ``When more than 5 percent
of the potatoes in any lot have any sprout more than \1/4\ inch in
length at shipping point, more than \1/2\ inch in length at
destination; or have numerous individual and/or clusters of sprouts
which detract from the appearance of the potato.'' Similarly, AMS would
revise the scoring guide for serious damage by sprouts in Table III as
follows: ``When more than 10 percent of the potatoes in any lot have
any sprout more than \1/2\ inch in length at shipping point; more than
1 inch in length at destination; or have numerous individual and/or
clusters of sprouts that seriously detract from the appearance of the
potato. Serious damage by sprouts shall only be scored against the U.S.
Commercial and U.S. No. 2 grades.''
Further, AMS proposes to add the following language to ensure
proper application of soft rot tolerances in the applicable tolerance
sections:
Sec. 51.1546 (a)(1)(i)(B): ``5 percent for internal defects; and''
Sec. 51.1546 (a)(1)(i)(C): ``Not more than a total of 1 percent
for potatoes which are frozen or affected by soft rot or wet breakdown.
See Sec. 51.1547.''
Sec. 51.1546 (a)(1)(ii)(C): ``Not more than a total of 2 percent
for potatoes which are frozen or affected by soft rot or wet breakdown.
See Sec. 51.1547.''
Sec. 51.1546 (a)(2)(iii) and Sec. 51.1546 (a)(3)(i)(B): ``6
percent for internal defects; and''
Sec. 51.1546 (a)(2)(iv) and Sec. 51.1546 (a)(3)(i)(C): ``Not more
than a total of 1 percent for potatoes which are frozen or affected by
soft rot or wet breakdown. See Sec. 51.1547.''
Sec. 51.1546 (a)(3)(ii)(C): ``Not more than 2 percent for potatoes
which are frozen or affected by soft rot or wet breakdown. See Sec.
51.1547.''
AMS also proposes for clarity to add table numbers, amend table
headings, and replace omitted language in sections: Sec. 51.1546
(a)(2)(iii); Sec. 51.1560; Sec. 51.1561; Sec. 51.1564; and Sec.
51.1565.
A 30-day period is provided for interested persons to comment. This
period is deemed appropriate in order to implement these changes, if
adopted, as soon as possible to reflect current marketing practices.
Accordingly, AMS proposes to amend the United States Standards for
Grades of Potatoes as follows:
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.
[[Page 22709]]
2. In Sec. 51.1541, paragraph (a) is revised to read as follows:
Sec. 51.1541 U.S. No. 1.
* * * * *
(a) Similar varietal characteristics, except when designated as a
mixed or specialty pack;
* * * * *
3. In Sec. 51.1543, paragraph (a) is revised to read as follows:
Sec. 51.1543 U.S. No. 2.
* * * * *
(a) Similar varietal characteristics, except when designated as a
mixed or specialty pack;
* * * * *
4. In Sec. 51.1546, paragraph (a) is revised to read as follows:
Sec. 51.1546 Tolerances.
* * * * *
(a) For defects--(1) U.S. No. 1. (i) 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:
(A) 5 percent for external defects;
(B) 5 percent for internal defects; and
(C) Not more than a total of 1 percent for potatoes which are
frozen or affected by soft rot or wet breakdown. See Sec. 51.1547.
(ii) 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 a total of 8 percent
shall be allowed for permanent defects: And provided further, the
following percentages shall be allowed for the defects listed:
(A) 7 percent for external defects, including therein not more than
5 percent for permanent external defects;
(B) 7 percent for internal defects, including therein not more than
5 percent for permanent internal defects; and
(C) Not more than a total of 2 percent for potatoes which are
frozen or affected by soft rot or wet breakdown. See Sec. 51.1547.
(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 therein not more than:
(ii) 6 percent for external defects;
(iii) 6 percent for internal defects; and
(iv) Not more than a total of 1 percent for potatoes which are
frozen or affected by soft rot or wet breakdown. See Sec. 51.1547.
(3) U.S. No. 2. (i) 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:
(A) 6 percent for external defects;
(B) 6 percent for internal defects; and
(C) Not more than a total of 1 percent for potatoes which are
frozen or affected by soft rot or wet breakdown. See Sec. 51.1547.
(ii) 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 a total of 10 percent
shall be allowed for permanent defects: And provided further, the
following percentages shall be allowed for the defects listed:
(A) 8 percent for external defects, including therein not more than
6 percent for permanent external defects;
(B) 8 percent for internal defects, including therein not more than
6 percent for permanent internal defects; and
(C) Not more than a total of 2 percent for potatoes which are
frozen or affected by soft rot or wet breakdown. See Sec. 51.1547.
* * * * *
Sec. 51.1559 [Removed and Reserved]
5. Section 51.1559 is removed and reserved.
6. Section 51.1560 is revised to read as follows:
Sec. 51.1560 Damage.
``Damage'' means any defect, or any combination of defects, which
materially detracts from the edible or marketing quality, or the
internal or external appearance of the potato, or any external defect
which cannot be removed without a loss of more than 5 percent of the
total weight of the potato. See Tables III, IV, V and VI in Sec.
511564 and Table VII in Sec. 51.1565.
7. Section 51.1561 is revised to read as follows:
Sec. 51.1561 Serious damage.
``Serious damage'' means any defect, or any combination of defects,
which seriously detracts from the edible or marketing quality, or the
internal or external appearance of the potato, or any external defect
which cannot be removed without a loss of more than 10 percent of the
total weight of the potato. See Tables III, IV, V and VI in Sec.
51.1564 and Table VII in Sec. 51.1565.
8. Section 51.1564 is amended by:
A. Amending the introductory text by removing the reference ``Table
III'', and by adding the reference ``Tables III, IV, V and VI'', in its
place;
B. Amending Table III by revising the column headings; and
C. Amending Table III by revising the entries for ``Bruises (Not
including pressure bruise and sunken discolored areas)'' and
``Sprouts''.
Revisions and addition read as follows.
Sec. 51.1564 External defects.
* * * * *
Table III--External Defects
------------------------------------------------------------------------
Defects Damage Serious damage \1\
------------------------------------------------------------------------
* * * * * * *
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 total 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.
[[Page 22710]]
* * * * * * *
Sprouts..................... When more than 5 When more than 10
percent of the percent of the
potatoes in any lot potatoes in any lot
have any sprout have any sprout
more than \1/4\ more than \1/2\
inch in length at inch in length at
shipping point; shipping point;
more than \1/2\ more than 1 inch in
inch in length at length at
destination; or destination; or
have numerous have numerous
individual and/or individual and/or
clusters of sprouts clusters of sprouts
which materially which seriously
detract from the detract from the
appearance of the appearance of the
potato. potato. Serious
damage by sprouts
shall only be
scored against the
U.S. Commercial and
U.S. No. 2 grades.
* * * * * * *
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\1\ 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.
Sec. 51.1565 [Amended]
9. Section 51.1565 is amended by:
A. Amending the introductory text by removing the reference ``Table
IV'', and by adding the reference ``Table VII'', in its place; and
B. Amending Table VII, by removing the column heading ``Damage
Maximum allowed'' and adding the heading ``Damage Maximum Allowed'' in
its place, and by removing the column heading ``Serious Maximum
allowed'', and by adding the column heading ``Serious Damage Maximum
Allowed'' in its place.
Dated: April 22, 2010.
David R. Shipman,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2010-9822 Filed 4-29-10; 8:45 am]
BILLING CODE 3410-02-P
