United States Standards for Grades of Almonds in the Shell, 14907-14909 [2013-05436]
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14907
Rules and Regulations
Federal Register
Vol. 78, No. 46
Friday, March 8, 2013
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 51
[Doc. Number AMS–FV–11–0046]
United States Standards for Grades of
Almonds in the Shell
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
SUMMARY: This rule revises the United
States Standards for Grades of Almonds
in the Shell. These standards are issued
under the Agricultural Marketing Act of
1946. The Agricultural Marketing
Service (AMS) is revising the standards
by changing the determination of
internal defects from count to weight.
These revisions will align the inspection
procedures for incoming inspections
(based on the marketing order) and
outgoing inspections (based on the
standards). These changes will promote
greater uniformity and will provide
consistency with current marketing
practices.
DATES:
Effective April 8, 2013.
FOR FURTHER INFORMATION CONTACT:
Lindsay Mitchell, Standardization
Branch, Specialty Crops Inspection
(SCI) Division, (540) 361–1127 or 1150.
The United States Standards for
Almonds in the Shell are available
through the SCI Division Web site at:
https://www.ams.usda.gov/
freshinspection.
tkelley on DSK3SPTVN1PROD with RULES
SUPPLEMENTARY INFORMATION:
Executive Order 12866 Regulatory
Flexibility Act
This rule has been determined to be
not significant for purposes of Executive
Order 12866 and, therefore, has not
been reviewed by the Office of
Management and Budget.
VerDate Mar<15>2010
16:06 Mar 07, 2013
Jkt 229001
Pursuant to the requirements set forth
in the Regulatory Flexibility Act (RFA)
(5 U.S.C. 601–612), AMS has considered
the economic impact of the action on
small entities. The purpose of the RFA
is to fit regulatory actions to the scale of
businesses subject to such actions so
that small businesses will not be unduly
or disproportionately burdened.
Accordingly, AMS has prepared this
final regulatory flexibility analysis.
The final rule will revise the United
States Standards for Grades of Almonds
in the Shell (standards) 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, 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 have been defined as those
having annual receipts of less than
$750,000. There are approximately 53
handlers of almonds that would
potentially be affected by the changes
set forth in this rule and approximately
6,500 producers of almonds.
Information provided by the Almond
Board of California (ABC) indicates that
approximately 36 percent of the
handlers would be considered small
agricultural service firms. According to
data reported by the National
Agricultural Statistics Service (NASS),
the two-year average crop value for
2008–09 and 2009–10 was $2.566
billion. Dividing that average by 6,500
producers yields average estimated
producer revenues of $394,769, which
suggests that the majority of almond
producers would be considered small
entities according to the SBA’s
definition.
The California almond bearing
acreage increased approximately 9
percent between 2008 and 2010, from
680,000 to 740,000 acres.
Approximately 1.643 billion pounds
(shelled basis) of almonds were
produced during the 2009–10 season.
More than two thirds of California’s
almond crop is exported to
approximately 90 countries worldwide,
and comprises nearly 80 percent of the
world’s almond supply.
The changes herein will have the
effect of improving grading methods and
accuracy without adding any additional
PO 00000
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Fmt 4700
Sfmt 4700
financial burden to buyers or sellers of
almonds in the shell. This rule changes
one step in a multi-step grading
procedure (7 CFR 51.2080) and changes
the method of determining one of five
tolerances used in determining grade (7
CFR 51.2075(b)(5)). The outgoing
inspection procedure will become more
closely aligned with incoming
inspection by shifting the basis (from
count to weight) in the standards for
determining the percentage of internal
defects in an inspection sample of
almonds in the shell.
In addition to simplifying the grading
process, the weight basis would yield a
more accurate percentage of internal
defects. With a count method, a defect
such as shriveling would result in a
particular kernel being counted as one
of the 300 kernels in the sample with
internal defects, even if the defect left
only a small portion of the original
kernel in the sample. Due to its lower
weight relative to a fully formed kernel,
a shriveled kernel has a smaller impact
on the percentage of internal defects
when the sample is weighed rather than
counted.
The lower average percentage of
internal defects using the weight
method was confirmed by a review of
shipping point inspection records, with
14 examples in which both the count
and weight method were used on the
same sample of inshell almonds. The
average serious damage percentages of
the count method and the weight
method were 1.5 percent and 0.8
percent, respectively. Smaller
percentages of defects in sampled lots
using the weight method will mean
larger quantities of almonds meet a
particular grade, which would
positively affect the quality of the
almonds, as it would yield more
accurate percentages of defects,
resulting in higher payments to growers.
Shifting the determination of internal
(kernel) defects from a count basis to a
weight basis in the standards is
expected to contribute to efficiencies in
the grading process. It would make the
internal defects aspect of the outgoing
inspection process consistent with that
of the incoming inspection. Weighing
rather than counting the kernels may
result in slightly more time in the
inspection process, but any potential
effect on the cost of inspections is
expected to be minor or nonexistent,
and would be offset by the benefits.
E:\FR\FM\08MRR1.SGM
08MRR1
14908
Federal Register / Vol. 78, No. 46 / Friday, March 8, 2013 / Rules and Regulations
There is no disproportionate impact
on smaller entities; entities of all sizes
will benefit.
This rule would not impose any
additional reporting or recordkeeping
requirements on either small or large
almond producers, handler or exporters.
The use of grading services and
grading standards is voluntary unless
required by a specific Act, Federal
Marketing Order or Agreement, or other
regulations governing domestic, import
or export shipments. USDA has not
identified any Federal rules that
duplicate, overlap, or conflict with this
rule. However, there is a marketing
program which regulates the handling of
almonds under 7 CFR part 981. The
revision in this action only affects the
inspection procedures for internal
defects in the standards. As such, the
action would not affect almonds in the
shell under the marketing order.
Alternatives were considered for this
action. One alternative would be to not
issue a rule. However, the need for
revisions remains due to differing
procedures for incoming and outgoing
almond inspections, and is the result of
a request by industry. Further, the
purpose of these standards is to
facilitate the marketing of agricultural
commodities.
tkelley on DSK3SPTVN1PROD with RULES
Executive Order 12988
The 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.
Section 203(c) of the Act directs and
authorizes the Secretary of Agriculture
‘‘to develop and improve standards of
quality, condition, quantity, grade and
packaging and recommend and
demonstrate such standards in order to
encourage uniformity and consistency
in commercial practices.’’ AMS is
committed to carrying out this authority
in a manner that facilitates the
marketing of agricultural commodities
and makes copies of official standards
available upon request.
Background
On March 11, 2011, AMS received a
letter from the Almond Board of
California (Board) requesting that the
procedure for measuring internal
(kernel) defects in the United States
Standards for Grades of Almonds in the
Shell be changed from a count basis to
a weight basis. The purpose of this
change is to align incoming and
outgoing inspection procedures.
Currently, almonds must undergo
incoming inspections and may undergo
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16:06 Mar 07, 2013
Jkt 229001
outgoing inspections. The almond
marketing order (part 981—Almonds
Grown in California) mandates that the
percentage of inedible kernels is
determined during an incoming
inspection. As required in the marketing
order (7 CFR 981.42 and 981.442
(Quality Control)), federally licensed
state inspectors perform these
inspections on 100 percent of the
product moving from growers to
handlers (packers). ‘‘Inedible kernel’’ is
defined in §§ 981.8 and 981.408 of the
marketing order and is based on internal
(kernel) defects as defined in the
standards, in §§ 51.2087 (Decay),
51.2088 (Rancidity), 51.2089 (Damage)
and 51.2090 (Serious Damage).
Federally licensed state inspectors
also perform outgoing inspections,
which are voluntary, on approximately
75 percent of all of the almonds going
from the handlers to domestic and
international markets, according to
shipping point records maintained by
Federal State Inspection. The current
procedures for determining the
percentage of defective kernels in the
two different inspections are not the
same. For incoming inspections, the
percentage of inedible kernels is
determined on a weight basis. With
outgoing inspections, however,
determining the percentage of internal
(kernel) defects, which is one step in a
multi-step procedure specified in the
standards for determining U.S. grade, is
done through a combination of count
and weight of the nuts in the sample.
This change to the standards would
more closely align the procedures of the
incoming and outgoing inspections.
A key reason for making this change
is the increasing magnitude of exports of
almonds in the shell. Between the 2006/
07 and 2009/10 seasons, export
shipments of almonds in the shell
doubled, rising from 148 to 297 million
pounds (inshell basis), according to
trade data from the Foreign Agricultural
Service of USDA. During this same time
period, the number of handlers
exporting almonds in the shell
increased by 42 percent. Due to the
substantial increase in the number of
handlers and volume of shipments, the
Board received numerous inquiries
regarding the reasons for the different
procedures for determining internal
defects on incoming and outgoing
inspections.
A number of handlers asked the
Board’s Food Quality and Safety
Committee (committee) to look into how
to change the standards to make
outgoing inspections more consistent
with the incoming inspection method.
Determining the percentage of nuts with
internal defects is the third of three
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Sfmt 4700
required steps in section 51.2080
(Determination of Grade). In addition, a
10 percent tolerance for internal (kernel)
defects is one of five tolerances that are
specified in section 51.2075(b)(5) for
determining whether a lot of inshell
almonds is graded as U.S. No. 1.
Committee staff queried handlers that
ship almonds in the shell about
changing the determination of internal
defects from a count basis to a weight
basis, which would apply to both of
these sections.
A proposed rule regarding these
revisions to the United States Standards
for Grades of Almonds in the Shell was
published in the Federal Register on
July 16, 2012 (77 FR 41707). The public
comment period closed on August 15,
2012, with no responses. Based on the
information gathered, AMS believes the
revisions will bring the standards for
almonds in the shell in line with the
marketing order and thereby improve
their usefulness.
List of Subjects in 7 CFR part 51
Agricultural commodities, Food
grades and standards, Fruits, Nuts,
Reporting and record keeping
requirements, Trees, Vegetables.
For reasons set forth in the preamble,
7 CFR part 51 is 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.
2. In § 51.2075, paragraph (b)(5) is
revised to read as follows:
■
§ 51.2075
U.S. No. 1
*
*
*
*
*
(b) * * *
(5) For internal (kernel) defects. 10
percent, by weight, for almonds with
kernels failing to meet the requirements
of this grade: Provided, that not more
than one-half of this tolerance or 5
percent shall be allowed for kernels
affected by decay or rancidity, damaged
by insects or mold or seriously damaged
by shriveling: And provided further,
that no part of this tolerance shall be
allowed for live insects inside the shell.
*
*
*
*
*
■ 3. Section 51.2080 is revised to read
as follows:
§ 51.2080
Determination of grade.
In grading the inspection sample, the
percentage of loose hulls, pieces of
shell, chaff and foreign material is
determined on the basis of weight. Next,
the percentages of nuts which are of
dissimilar varieties, undersize or have
E:\FR\FM\08MRR1.SGM
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Federal Register / Vol. 78, No. 46 / Friday, March 8, 2013 / Rules and Regulations
adhering hulls or defective shells are
determined by count, using an adequate
portion of the total sample. Finally, the
nuts in that portion of the sample are
cracked and the percentage having
internal defects is determined on the
basis of weight.
Dated: February 28, 2013.
David R. Shipman,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2013–05436 Filed 3–7–13; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1230
[Doc. No. AMS–LS–07–0143]
Pork Promotion, Research, and
Consumer Information Program;
Section 610 Review
Agricultural Marketing Service,
USDA.
ACTION: Confirmation of regulations.
tkelley on DSK3SPTVN1PROD with RULES
AGENCY:
SUMMARY: This document summarizes
the results of an Agricultural Marketing
Service (AMS) review of the Pork
Promotion, Research, and Consumer
Information Program (Program),
commonly known as the Pork Checkoff
Program, under the criteria contained in
section 610 of the Regulatory Flexibility
Act (RFA). Based upon this review,
AMS concluded that there is a
continued need for the Pork Promotion,
Research, and Consumer Information
Order (Order). Copies of the review
performed by AMS are available to
interested parties.
DATES: Effective March 8, 2013.
ADDRESSES: Interested persons may
obtain a copy of the review. Requests for
copies should be sent to Kenneth R.
Payne, Director, Marketing Programs
Division, Livestock and Seed Program,
AMS, USDA, Room 2628–S, STOP 0251,
1400 Independence Avenue SW,
Washington, DC 20250–0251 or email
Kenneth.Payne@ams.usda.gov.
FOR FURTHER INFORMATION CONTACT:
Kenneth R. Payne, Director, Marketing
Programs Division, Livestock and Seed
Program, AMS, USDA, Room 2628–S,
STOP 0251, 1400 Independence Avenue
SW, Washington, DC 20250–0251 or
email Kenneth.Payne@ams.usda.gov.
SUPPLEMENTARY INFORMATION: The Order
(7 CFR Part 1230) is authorized under
the Pork Promotion, Research, and
Consumer Information Act of 1985 (Act)
(7 U.S.C. 4801–4819). As part of a
comprehensive strategy to strengthen
VerDate Mar<15>2010
16:06 Mar 07, 2013
Jkt 229001
the pork industry’s position in the
marketplace, this national pork Program
maintains and expands existing
domestic and foreign markets and
develops new markets for pork and pork
products. The Program is funded by a
mandatory assessment of $0.40 perhundred-dollars of market value. Nearly
all producers, with few exceptions,
owning and marketing swine, regardless
of the size of their operation or the value
of their swine, must pay the assessment.
A comparable assessment is collected
on all imported swine, pork, and pork
products. Assessments collected under
this Program are used for promotion,
research, consumer information, and
industry information.
The Program is administered by the
National Pork Board (Board), which is
composed of 15 producer members.
Board members serve 3-year terms, but
no individual may serve more than two
consecutive 3-year terms. Producer
members are selected by the National
Pork Producers Delegate Body, a group
of producer and importer members that
represent all 50 States and importers.
The Program became effective on
September 5, 1986, when the Order was
issued. Assessments began on
November 1, 1986.
On February 18, 1999, AMS
published in the Federal Register (64
FR 8014) its plan to review certain
regulations. On January 4, 2002, AMS
published in the Federal Register (67
FR 525) an update to its plan to review
regulations, including the Pork
Promotion and Research Program,
which is conducted under the Order,
under criteria contained in section 610
of the RFA (5 USC 601–612). Additional
updates were provided on August 14,
2003, in the Federal Register (68 FR
48575) and on March 24, 2006, in the
Federal Register (71 FR 14827). Because
many AMS regulations impact small
entities, AMS decided, as a matter of
policy, certain regulations warranted
review, although they may not meet the
threshold requirement under section
610 of the RFA.
The reviews are being conducted over
a ten-year period under section 610 of
the RFA. The Program was reviewed for
the purpose of determining whether it
should be continued without change, or
should be amended, rescinded, or
terminated (consistent with the
objectives of applicable statutes) to
minimize the impacts on small entities.
AMS published a notice for review
and request for written comments on the
Order in the March 27, 2008, issue of
the Federal Register (73 FR 16218).
Comments were due May 27, 2008.
USDA received one comment generally
opposing the Program, which did not
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14909
specifically address the criteria
provided under section 610 of the RFA.
The review was undertaken to
determine whether the Order should be
continued without change, amended, or
rescinded (consistent with the
objectives of the Act) to minimize the
impacts on small entities. In conducting
this review and using the guidance set
forth in section 610 of the RFA, AMS
considered the following factors: (1) The
continued need for the Order; (2) the
nature of complaints or comments
received from the public concerning the
Order; (3) the complexity of the Order;
(4) the extent to which the Order
overlaps, duplicates, or conflicts with
other Federal rules, and, to the extent
feasible, with State and local
governmental rules; and (5) the length of
time since the Order has been evaluated
or the degree to which technology,
economic conditions or other factors
have changed in the area affected by the
Order.
Based upon this review, AMS has
concluded that there is continued need
for the Order. AMS plans to continue
working with the pork industry in
maintaining an effective program.
Interested parties may request a copy of
the review by AMS as set forth in this
Confirmation of Regulations.
Authority: 7 U.S.C. 4801–4819.
Dated: February 28, 2013.
David R. Shipman,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 2013–05432 Filed 3–7–13; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2013–0079; Airspace
Docket No. 13–AWA–1]
RIN 2120–AA66
Amendment of Class B Airspace
Description; Houston, TX
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule, technical
amendment.
AGENCY:
SUMMARY: This action amends the
description of the Houston, TX, Class B
airspace area by changing the airport
reference for describing the William P.
Hobby Airport in the Class B airspace
header from ‘‘Secondary Airport’’ to
‘‘Primary Airport.’’ This change is
editorial only and does not alter the
E:\FR\FM\08MRR1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 46 (Friday, March 8, 2013)]
[Rules and Regulations]
[Pages 14907-14909]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05436]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 78, No. 46 / Friday, March 8, 2013 / Rules
and Regulations
[[Page 14907]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 51
[Doc. Number AMS-FV-11-0046]
United States Standards for Grades of Almonds in the Shell
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule revises the United States Standards for Grades of
Almonds in the Shell. These standards are issued under the Agricultural
Marketing Act of 1946. The Agricultural Marketing Service (AMS) is
revising the standards by changing the determination of internal
defects from count to weight. These revisions will align the inspection
procedures for incoming inspections (based on the marketing order) and
outgoing inspections (based on the standards). These changes will
promote greater uniformity and will provide consistency with current
marketing practices.
DATES: Effective April 8, 2013.
FOR FURTHER INFORMATION CONTACT: Lindsay Mitchell, Standardization
Branch, Specialty Crops Inspection (SCI) Division, (540) 361-1127 or
1150. The United States Standards for Almonds in the Shell are
available through the SCI Division Web site at: https://www.ams.usda.gov/freshinspection.
SUPPLEMENTARY INFORMATION:
Executive Order 12866 Regulatory Flexibility Act
This rule has been determined to be not significant for purposes of
Executive Order 12866 and, therefore, has not been reviewed by the
Office of Management and Budget.
Pursuant to the requirements set forth in the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601-612), AMS has considered the
economic impact of the action on small entities. The purpose of the RFA
is to fit regulatory actions to the scale of businesses subject to such
actions so that small businesses will not be unduly or
disproportionately burdened. Accordingly, AMS has prepared this final
regulatory flexibility analysis.
The final rule will revise the United States Standards for Grades
of Almonds in the Shell (standards) 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, 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 have been defined as those having annual
receipts of less than $750,000. There are approximately 53 handlers of
almonds that would potentially be affected by the changes set forth in
this rule and approximately 6,500 producers of almonds. Information
provided by the Almond Board of California (ABC) indicates that
approximately 36 percent of the handlers would be considered small
agricultural service firms. According to data reported by the National
Agricultural Statistics Service (NASS), the two-year average crop value
for 2008-09 and 2009-10 was $2.566 billion. Dividing that average by
6,500 producers yields average estimated producer revenues of $394,769,
which suggests that the majority of almond producers would be
considered small entities according to the SBA's definition.
The California almond bearing acreage increased approximately 9
percent between 2008 and 2010, from 680,000 to 740,000 acres.
Approximately 1.643 billion pounds (shelled basis) of almonds were
produced during the 2009-10 season. More than two thirds of
California's almond crop is exported to approximately 90 countries
worldwide, and comprises nearly 80 percent of the world's almond
supply.
The changes herein will have the effect of improving grading
methods and accuracy without adding any additional financial burden to
buyers or sellers of almonds in the shell. This rule changes one step
in a multi-step grading procedure (7 CFR 51.2080) and changes the
method of determining one of five tolerances used in determining grade
(7 CFR 51.2075(b)(5)). The outgoing inspection procedure will become
more closely aligned with incoming inspection by shifting the basis
(from count to weight) in the standards for determining the percentage
of internal defects in an inspection sample of almonds in the shell.
In addition to simplifying the grading process, the weight basis
would yield a more accurate percentage of internal defects. With a
count method, a defect such as shriveling would result in a particular
kernel being counted as one of the 300 kernels in the sample with
internal defects, even if the defect left only a small portion of the
original kernel in the sample. Due to its lower weight relative to a
fully formed kernel, a shriveled kernel has a smaller impact on the
percentage of internal defects when the sample is weighed rather than
counted.
The lower average percentage of internal defects using the weight
method was confirmed by a review of shipping point inspection records,
with 14 examples in which both the count and weight method were used on
the same sample of inshell almonds. The average serious damage
percentages of the count method and the weight method were 1.5 percent
and 0.8 percent, respectively. Smaller percentages of defects in
sampled lots using the weight method will mean larger quantities of
almonds meet a particular grade, which would positively affect the
quality of the almonds, as it would yield more accurate percentages of
defects, resulting in higher payments to growers.
Shifting the determination of internal (kernel) defects from a
count basis to a weight basis in the standards is expected to
contribute to efficiencies in the grading process. It would make the
internal defects aspect of the outgoing inspection process consistent
with that of the incoming inspection. Weighing rather than counting the
kernels may result in slightly more time in the inspection process, but
any potential effect on the cost of inspections is expected to be minor
or nonexistent, and would be offset by the benefits.
[[Page 14908]]
There is no disproportionate impact on smaller entities; entities
of all sizes will benefit.
This rule would not impose any additional reporting or
recordkeeping requirements on either small or large almond producers,
handler or exporters.
The use of grading services and grading standards is voluntary
unless required by a specific Act, Federal Marketing Order or
Agreement, or other regulations governing domestic, import or export
shipments. USDA has not identified any Federal rules that duplicate,
overlap, or conflict with this rule. However, there is a marketing
program which regulates the handling of almonds under 7 CFR part 981.
The revision in this action only affects the inspection procedures for
internal defects in the standards. As such, the action would not affect
almonds in the shell under the marketing order.
Alternatives were considered for this action. One alternative would
be to not issue a rule. However, the need for revisions remains due to
differing procedures for incoming and outgoing almond inspections, and
is the result of a request by industry. Further, the purpose of these
standards is to facilitate the marketing of agricultural commodities.
Executive Order 12988
The 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.
Section 203(c) of the Act directs and authorizes the Secretary of
Agriculture ``to develop and improve standards of quality, condition,
quantity, grade and packaging and recommend and demonstrate such
standards in order to encourage uniformity and consistency in
commercial practices.'' AMS is committed to carrying out this authority
in a manner that facilitates the marketing of agricultural commodities
and makes copies of official standards available upon request.
Background
On March 11, 2011, AMS received a letter from the Almond Board of
California (Board) requesting that the procedure for measuring internal
(kernel) defects in the United States Standards for Grades of Almonds
in the Shell be changed from a count basis to a weight basis. The
purpose of this change is to align incoming and outgoing inspection
procedures.
Currently, almonds must undergo incoming inspections and may
undergo outgoing inspections. The almond marketing order (part 981--
Almonds Grown in California) mandates that the percentage of inedible
kernels is determined during an incoming inspection. As required in the
marketing order (7 CFR 981.42 and 981.442 (Quality Control)), federally
licensed state inspectors perform these inspections on 100 percent of
the product moving from growers to handlers (packers). ``Inedible
kernel'' is defined in Sec. Sec. 981.8 and 981.408 of the marketing
order and is based on internal (kernel) defects as defined in the
standards, in Sec. Sec. 51.2087 (Decay), 51.2088 (Rancidity), 51.2089
(Damage) and 51.2090 (Serious Damage).
Federally licensed state inspectors also perform outgoing
inspections, which are voluntary, on approximately 75 percent of all of
the almonds going from the handlers to domestic and international
markets, according to shipping point records maintained by Federal
State Inspection. The current procedures for determining the percentage
of defective kernels in the two different inspections are not the same.
For incoming inspections, the percentage of inedible kernels is
determined on a weight basis. With outgoing inspections, however,
determining the percentage of internal (kernel) defects, which is one
step in a multi-step procedure specified in the standards for
determining U.S. grade, is done through a combination of count and
weight of the nuts in the sample. This change to the standards would
more closely align the procedures of the incoming and outgoing
inspections.
A key reason for making this change is the increasing magnitude of
exports of almonds in the shell. Between the 2006/07 and 2009/10
seasons, export shipments of almonds in the shell doubled, rising from
148 to 297 million pounds (inshell basis), according to trade data from
the Foreign Agricultural Service of USDA. During this same time period,
the number of handlers exporting almonds in the shell increased by 42
percent. Due to the substantial increase in the number of handlers and
volume of shipments, the Board received numerous inquiries regarding
the reasons for the different procedures for determining internal
defects on incoming and outgoing inspections.
A number of handlers asked the Board's Food Quality and Safety
Committee (committee) to look into how to change the standards to make
outgoing inspections more consistent with the incoming inspection
method. Determining the percentage of nuts with internal defects is the
third of three required steps in section 51.2080 (Determination of
Grade). In addition, a 10 percent tolerance for internal (kernel)
defects is one of five tolerances that are specified in section
51.2075(b)(5) for determining whether a lot of inshell almonds is
graded as U.S. No. 1. Committee staff queried handlers that ship
almonds in the shell about changing the determination of internal
defects from a count basis to a weight basis, which would apply to both
of these sections.
A proposed rule regarding these revisions to the United States
Standards for Grades of Almonds in the Shell was published in the
Federal Register on July 16, 2012 (77 FR 41707). The public comment
period closed on August 15, 2012, with no responses. Based on the
information gathered, AMS believes the revisions will bring the
standards for almonds in the shell in line with the marketing order and
thereby improve their usefulness.
List of Subjects in 7 CFR part 51
Agricultural commodities, Food grades and standards, Fruits, Nuts,
Reporting and record keeping requirements, Trees, Vegetables.
For reasons set forth in the preamble, 7 CFR part 51 is to be
amended as follows:
PART 51--[AMENDED]
0
1. The authority citation for part 51 continues to read as follows:
Authority: 7 U.S.C. 1621-1627.
0
2. In Sec. 51.2075, paragraph (b)(5) is revised to read as follows:
Sec. 51.2075 U.S. No. 1
* * * * *
(b) * * *
(5) For internal (kernel) defects. 10 percent, by weight, for
almonds with kernels failing to meet the requirements of this grade:
Provided, that not more than one-half of this tolerance or 5 percent
shall be allowed for kernels affected by decay or rancidity, damaged by
insects or mold or seriously damaged by shriveling: And provided
further, that no part of this tolerance shall be allowed for live
insects inside the shell.
* * * * *
0
3. Section 51.2080 is revised to read as follows:
Sec. 51.2080 Determination of grade.
In grading the inspection sample, the percentage of loose hulls,
pieces of shell, chaff and foreign material is determined on the basis
of weight. Next, the percentages of nuts which are of dissimilar
varieties, undersize or have
[[Page 14909]]
adhering hulls or defective shells are determined by count, using an
adequate portion of the total sample. Finally, the nuts in that portion
of the sample are cracked and the percentage having internal defects is
determined on the basis of weight.
Dated: February 28, 2013.
David R. Shipman,
Administrator, Agricultural Marketing Service.
[FR Doc. 2013-05436 Filed 3-7-13; 8:45 am]
BILLING CODE 3410-02-P
