United States Standards for Grades of Pecans, 50475-50477 [2018-21845]
Download as PDF
<![CDATA[
50475
Rules and Regulations
Federal Register
Vol. 83, No. 195
Tuesday, October 9, 2018
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.
DEPARTMENT OF AGRICULTURE
7 CFR Part 51
[Document Number AMS–FV–14–0101, SC–
17–331]
United States Standards for Grades of
Pecans
Agricultural Marketing Service,
USDA.
ACTION: Direct final rule.
The Agricultural Marketing
Service (AMS) is amending the U.S.
Standards for Grades of Shelled Pecans
and the U.S. Standards for Grades of
Pecans in the Shell. The revisions
include replacing the term ‘‘midget’’
with ‘‘extra small’’ in the Shelled Pecan
standards and removing references to
plastic models of pecan kernels and
information on where the color
standards may be examined from both
standards.
SUMMARY:
This direct final rule is effective
December 10, 2018; without further
action or notice, unless significant
adverse comment is received by
November 8, 2018. If significant adverse
comment is received, AMS will publish
a timely withdrawal of this rule in the
Federal Register.
ADDRESSES: Interested persons are
invited to submit written comments to
the USDA, Specialty Crops Inspection
Division, 100 Riverside Parkway, Suite
101, Fredericksburg, VA 22406; fax:
(540) 361–1199; or at
www.regulations.gov. Comments should
reference 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 as submitted, including
any personal information you provide,
on the www.regulations.gov website.
FOR FURTHER INFORMATION CONTACT:
Lindsay H. Mitchell at the address
amozie on DSK3GDR082PROD with RULES
DATES:
VerDate Sep<11>2014
17:30 Oct 05, 2018
Jkt 247001
Executive Order 13175
Section
203(c) of the Agricultural Marketing Act
of 1946 (7 U.S.C. 1621–1627) as
amended, directs and authorizes the
Secretary of Agriculture ‘‘to develop and
improve standards of quality, condition,
quantity, grade, and packaging, and
recommend and demonstrate such
standards in order to encourage
uniformity and consistency in
commercial practices.’’
The Agricultural Marketing Service
(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. The U.S.
Standards for Grades of Fruits and
Vegetables that no longer appear in the
Code of Federal Regulations are
maintained by AMS at: https://
www.ams.usda.gov/grades-standards.
Executive Order 12988
SUPPLEMENTARY INFORMATION:
Agricultural Marketing Service
AGENCY:
above, by phone (540) 361–1120; fax
(540) 361–1199; or, email
lindsay.mitchell@ams.usda.gov. Copies
of the revised U.S. Standards for Grades
of Shelled Pecans and the U.S.
Standards for Grades of Pecans in the
Shell are available at https://
www.regulations.gov or https://
www.ams.usda.gov/grades-standards/
nuts.
Executive Orders 12866, 13771, and
13563
This rule is not expected to be an
Executive Order 13771 regulatory action
because this rule is not significant under
Executive Order 12866. See the Office of
Management and Budget’s
memorandum, ‘‘Interim Guidance
Implementing Section 2 of the Executive
Order of January 30, 2017 titled
‘Reducing Regulation and Controlling
Regulatory Costs’ ’’ (February 2, 2017).
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
promoting flexibility.
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
This rule has been reviewed in
accordance with the requirements of
Executive Order 13175, Consultation
and Coordination with Indian Tribal
Governments. The review reveals that
this regulation would not have
substantial and direct effects on Tribal
governments nor significant Tribal
implications.
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. It is not intended to have
retroactive effect. There are no
administrative procedures that must be
exhausted prior to any judicial
challenge to the provisions of this rule.
Background
AMS continuously reviews fruit and
vegetable grade standards to assess their
effectiveness in the industry and to
modernize language. In addition, on
May 13, 2013, AMS received a petition
from the Little People of America stating
that the group is ‘‘trying to raise
awareness around and eliminate the use
of the word midget.’’ The petition
further stated that, ‘‘Though the use of
the word midget by the USDA when
classifying certain food products is
benign, Little People of America, and
the dwarfism community, hopes that the
USDA would consider phasing out the
term midget.’’ Five grade standards
contain the term ‘‘midget’’: U.S.
Standards for Grades of Canned Lima
Beans, U.S. Standards for Grades of
Canned Mushrooms, U.S. Standards for
Grades of Pickles, U.S. Standards for
Grades of Green Olives, and U.S.
Standards for Grades of Shelled Pecans.
Canned lima beans, canned mushrooms,
pickles, and green olives will be covered
in another notice due to additional
changes being made to those specific
standards.
Prior to developing the proposed
revisions to the pecan grade standards,
AMS solicited comments and
suggestions about the standards from
the National Pecan Shellers Association
(NPSA). The NPSA recommended
replacing the term ‘‘midget’’ with ‘‘extra
small.’’
As part of modernizing the standards,
the obsolete language regarding the
purchase of plastic pecan models (PEC–
MC–1) is being removed. These color
standards are still in effect, but are no
E:\FR\FM\09OCR1.SGM
09OCR1
50476
Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Rules and Regulations
amozie on DSK3GDR082PROD with RULES
longer available for purchase from the
single previous manufacturer. Related
information on where the color
standards can be examined also will be
removed as it is no longer current.
A notice announcing these changes
was published in the January 12, 2016,
Federal Register (81 FR 1386). AMS
received one comment in favor of the
changes. After the comment period
ended, AMS recognized that the
standards for both in-shell and shelled
pecans are published in the Code of
Federal Regulations (7 CFR 51.1400
through 51.1416 and 51.1430 through
51.1451), even though there was no
Federal marketing order for pecans at
that time. The Pecan Marketing Order
No. 986 became effective August 5,
2016. Therefore, AMS is providing
notice and an opportunity to comment
on the revised regulatory language.
AMS is making the following
revisions in the U.S. Standards for
Grades of Shelled Pecans:
• § 51.1436 Color classifications (b):
Revised to remove reference to plastic
models and address for viewing them.
• § 51.1437 Table I: Revised to change
Midget to Extra small.
• § 51.1438 Table II and Table III:
Revised to change Midget pieces to
Extra small pieces.
• § 51.1443 Particles and dust:
Revised to change midget to extra small.
In addition, AMS is making the
following revision in the U.S. Standards
for Grades of Pecans in the Shell:
• § 51.1403 Kernel color
classifications (b): Revised to remove
reference to plastic models and address.
Regulatory Flexibility Analysis
Pursuant to the requirements set forth
in the Regulatory Flexibility Act (RFA),
AMS has considered the economic
impact of this action on small entities.
Accordingly, AMS prepared this final
regulatory flexibility analysis.
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. Small
agricultural producers have been
defined by the Small Business
Administration (SBA) (13 CFR 121.201)
as those having annual receipts of less
than $750,000. Small agricultural
service firms (handlers) are defined as
those with annual receipts of less than
$7,500,000.
Considering the economic impact on
small entities involves estimating
whether a majority of growers and
handlers in the U.S. pecan market
qualify as small or large businesses. The
following paragraphs explain a set of
computations that achieves this goal.
VerDate Sep<11>2014
17:30 Oct 05, 2018
Jkt 247001
Almost all U.S. pecans are grown in
the 15-state production area of the
Federal marketing order for pecans
(Marketing Order 986). There are 2,500
growers of pecans in the production
area and 250 handlers subject to
regulation under the marketing order.
The grower number estimate was
supplied by the American Pecan
Council, which administers the
marketing order under the oversight of
USDA. The handler number estimate
comes from the Secretary’s Decision on
promulgating the marketing order (81
FR 10140).
According to data published by the
National Agricultural Statistics Service
(NASS), the 3-year average value of
utilized pecan production for 2014
through 2016 was $591.204 million.
Dividing this average value of utilized
pecan production by the total number of
pecan growers (2,500) provides an
average return per grower estimate of
$236,482, well below the SBA small
business threshold of $750,000 in
annual receipts. Using this average
value of utilized production and grower
number information, and assuming a
normal bell-curve distribution of
receipts among growers, the majority of
growers qualify as small businesses.
Evidence presented in 2015 during
formal rulemaking for the pecan Federal
marketing order indicated an average
handler margin of $0.58 per pound.
Adding the handler margin to the 2014–
2016 average grower price of $2.22 per
pound of inshell pecans results in an
estimated handler price of $2.80 per
pound. Multiplying the estimated
handler price by the 3-year average
utilized production figure of 266.312
million pounds yields a total value of
production at the handler level of
$745.7 million. Dividing this handlerlevel value of utilized pecan production
by the number of handlers (250) results
in an average return per handler of
$2.98 million, well below the SBA small
business threshold of $7.5 million in
annual receipts. Using this estimated
price, utilization volume and value, and
number of handlers, and assuming a
normal bell-curve distribution of
receipts among handlers, the majority of
handlers qualify as small businesses.
The pecan standard changes are
limited to modernizing grading
terminology and removing language
related to outdated vendor references for
color standards. The pecan size
standard currently known as ‘‘midget’’
will be changed to ‘‘extra small.’’
Additionally, obsolete vendor
information for the pecan kernel color
standards will be revised. Information
regarding the purchasing of the color
standards from the manufacturer is
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
obsolete as models are no longer
available. The inspection procedures
and color standards will remain in
effect. AMS also is removing outdated
language in another section that
identified where the kernel models
could be viewed. The remaining
language in that section identifies the
four ‘‘color intensities’’ of the kernel
color standards.
With the adoption of this rule, current
inspection methods will continue
unchanged. The ‘‘extra small’’ size
category will be identical to the
previous ‘‘midget’’ size category; only
the name will change. Renaming the
size category and continuing to use the
current method of applying kernel color
standards will not require any
significant changes in grower or handler
business operations. Any additional
costs to growers and handlers will be
negligible. No small businesses will be
unduly or disproportionately burdened.
Renaming the size standard and
removing outdated language helps keep
grading standards current. Food grading
standards provide important quality
information to buyers and sellers,
contributing to the efficient marketing of
agricultural commodities.
A 30-day comment period is provided
for public comment on the changes to
the U.S. Standards for Grades of Shelled
Pecans and the U.S. Standards for
Grades of Pecans in the Shell proposed
herein. If no significant comment is
received, the changes in this rule, would
be implemented 30 days thereafter.
List of Subjects in 7 CFR Part 51
Food grades and standards, Fruits,
Nuts, Reporting and recordkeeping
requirements, Vegetables.
For reasons set forth in the preamble,
7 CFR part 51 is 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 § 51.1403, paragraph (b) is
revised to read as follows:
■
§ 51.1403
Kernel color classifications.
*
*
*
*
*
(b) U.S. Department of Agriculture
kernel color standards, PEC–MC–1,
illustrate the color intensities implied
by the terms ‘‘golden,’’ ‘‘light brown,’’
‘‘medium brown,’’ and ‘‘dark brown’’
referred to in paragraph (a) of this
section.
■ 3. In § 51.1436, paragraph (b) is
revised to read as follows:
§ 51.1436
*
E:\FR\FM\09OCR1.SGM
*
Color classifications.
*
09OCR1
*
*
50477
Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Rules and Regulations
(b) U.S. Department of Agriculture
kernel color standards, PEC–MC–1,
illustrate the color intensities implied
by the terms ‘‘golden,’’ ‘‘light brown,’’
‘‘medium brown,’’ and ‘‘dark brown’’
referred to in paragraph (a) of this
section.
■ 4. In § 51.1437, Table I is amended by
removing the entry ‘‘Midget’’ and
adding in its place the entry ‘‘Extra
small’’ to read as follows:
§ 51.1437
*
*
Size classifications for halves.
*
*
*
*
*
*
*
5. In § 51.1438, Table II and Table III
are amended by removing the entry
‘‘Midget pieces’’ and adding in its place
the entry ‘‘Extra small pieces’’ to read as
follows:
■
TABLE I
Size classifications
for halves
*
Number of halves
per pound
§ 51.1438
*
*
*
*
Extra small ................ 751 or more.
*
*
*
Size classifications for pieces.
*
*
*
TABLE II
Size classification
Maximum diameter
(will pass through round opening of following diameter)
Minimum
diameter
(will not pass
through round
opening
of the
following
diameter)
(inch)
*
*
*
Extra small pieces ......................................................................
*
*
*
3/16 inch .....................................................................................
*
1/16
*
*
*
*
*
*
*
*
*
*
*
*
TABLE III
[Percent]
Tolerance (included in total
tolerance) for pieces
smaller than
Total tolerance
for offsize
pieces
Size classification
2/16
*
*
*
*
*
Extra small pieces .............................................................................................................................
*
■
*
*
6. Revise § 51.1443 to read as follows:
§ 51.1443
Particles and dust.
*
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Particles and dust means, for all size
designations except ‘‘extra small pieces’’
and ‘‘granules,’’ fragments of kernels
which will pass through a round
opening two-sixteenths inch in
diameter.
Dated: October 3, 2018.
Bruce Summers,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2018–21845 Filed 10–5–18; 8:45 am]
amozie on DSK3GDR082PROD with RULES
*
BILLING CODE 3410–02–P
14 CFR Part 39
[Docket No. FAA–2018–0451; Product
Identifier 2017–NM–172–AD; Amendment
39–19406; AD 2018–19–06]
RIN 2120–AA64
Airworthiness Directives; Dassault
Aviation Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for certain
Dassault Aviation Model FALCON
900EX airplanes. This AD was
prompted by reports of rejected take-offs
SUMMARY:
VerDate Sep<11>2014
17:30 Oct 05, 2018
Jkt 247001
PO 00000
Frm 00003
Fmt 4700
*
15
Sfmt 4700
1/16 inch
*
..................
*
2
*
due to untimely inboard flap retraction.
This AD requires modification of the
slat/flap control wiring and replacement
of the slat/flap control box with an
improved box. We are issuing this AD
to address the unsafe condition on these
products.
DATES: This AD is effective November
13, 2018.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of November 13, 2018.
ADDRESSES: For service information
identified in this final rule, contact
Dassault Falcon Jet Corporation,
Teterboro Airport, P.O. Box 2000, South
Hackensack, NJ 07606; telephone 201–
440–6700; internet https://
www.dassaultfalcon.com. You may
view this service information at the
FAA, Transport Standards Branch, 2200
E:\FR\FM\09OCR1.SGM
09OCR1
]]>Agencies
[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)]
[Rules and Regulations]
[Pages 50475-50477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21845]
========================================================================
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.
========================================================================
Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 /
Rules and Regulations
[[Page 50475]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 51
[Document Number AMS-FV-14-0101, SC-17-331]
United States Standards for Grades of Pecans
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Agricultural Marketing Service (AMS) is amending the U.S.
Standards for Grades of Shelled Pecans and the U.S. Standards for
Grades of Pecans in the Shell. The revisions include replacing the term
``midget'' with ``extra small'' in the Shelled Pecan standards and
removing references to plastic models of pecan kernels and information
on where the color standards may be examined from both standards.
DATES: This direct final rule is effective December 10, 2018; without
further action or notice, unless significant adverse comment is
received by November 8, 2018. If significant adverse comment is
received, AMS will publish a timely withdrawal of this rule in the
Federal Register.
ADDRESSES: Interested persons are invited to submit written comments to
the USDA, Specialty Crops Inspection Division, 100 Riverside Parkway,
Suite 101, Fredericksburg, VA 22406; fax: (540) 361-1199; or at
www.regulations.gov. Comments should reference 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 as submitted, including any personal
information you provide, on the www.regulations.gov website.
FOR FURTHER INFORMATION CONTACT: Lindsay H. Mitchell at the address
above, by phone (540) 361-1120; fax (540) 361-1199; or, email
[email protected]. Copies of the revised U.S. Standards for
Grades of Shelled Pecans and the U.S. Standards for Grades of Pecans in
the Shell are available at https://www.regulations.gov or https://www.ams.usda.gov/grades-standards/nuts.
SUPPLEMENTARY INFORMATION: Section 203(c) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1621-1627) as amended, directs and authorizes the
Secretary of Agriculture ``to develop and improve standards of quality,
condition, quantity, grade, and packaging, and recommend and
demonstrate such standards in order to encourage uniformity and
consistency in commercial practices.''
The Agricultural Marketing Service (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. The U.S. Standards for Grades of Fruits and
Vegetables that no longer appear in the Code of Federal Regulations are
maintained by AMS at: https://www.ams.usda.gov/grades-standards.
Executive Orders 12866, 13771, and 13563
This rule is not expected to be an Executive Order 13771 regulatory
action because this rule is not significant under Executive Order
12866. See the Office of Management and Budget's memorandum, ``Interim
Guidance Implementing Section 2 of the Executive Order of January 30,
2017 titled `Reducing Regulation and Controlling Regulatory Costs' ''
(February 2, 2017). Executive Orders 12866 and 13563 direct agencies to
assess all costs and benefits of available regulatory alternatives and,
if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, reducing costs, harmonizing rules, and promoting
flexibility.
Executive Order 13175
This rule has been reviewed in accordance with the requirements of
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments. The review reveals that this regulation would not have
substantial and direct effects on Tribal governments nor significant
Tribal implications.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. It is not intended to have retroactive effect. There
are no administrative procedures that must be exhausted prior to any
judicial challenge to the provisions of this rule.
Background
AMS continuously reviews fruit and vegetable grade standards to
assess their effectiveness in the industry and to modernize language.
In addition, on May 13, 2013, AMS received a petition from the Little
People of America stating that the group is ``trying to raise awareness
around and eliminate the use of the word midget.'' The petition further
stated that, ``Though the use of the word midget by the USDA when
classifying certain food products is benign, Little People of America,
and the dwarfism community, hopes that the USDA would consider phasing
out the term midget.'' Five grade standards contain the term
``midget'': U.S. Standards for Grades of Canned Lima Beans, U.S.
Standards for Grades of Canned Mushrooms, U.S. Standards for Grades of
Pickles, U.S. Standards for Grades of Green Olives, and U.S. Standards
for Grades of Shelled Pecans. Canned lima beans, canned mushrooms,
pickles, and green olives will be covered in another notice due to
additional changes being made to those specific standards.
Prior to developing the proposed revisions to the pecan grade
standards, AMS solicited comments and suggestions about the standards
from the National Pecan Shellers Association (NPSA). The NPSA
recommended replacing the term ``midget'' with ``extra small.''
As part of modernizing the standards, the obsolete language
regarding the purchase of plastic pecan models (PEC-MC-1) is being
removed. These color standards are still in effect, but are no
[[Page 50476]]
longer available for purchase from the single previous manufacturer.
Related information on where the color standards can be examined also
will be removed as it is no longer current.
A notice announcing these changes was published in the January 12,
2016, Federal Register (81 FR 1386). AMS received one comment in favor
of the changes. After the comment period ended, AMS recognized that the
standards for both in-shell and shelled pecans are published in the
Code of Federal Regulations (7 CFR 51.1400 through 51.1416 and 51.1430
through 51.1451), even though there was no Federal marketing order for
pecans at that time. The Pecan Marketing Order No. 986 became effective
August 5, 2016. Therefore, AMS is providing notice and an opportunity
to comment on the revised regulatory language.
AMS is making the following revisions in the U.S. Standards for
Grades of Shelled Pecans:
Sec. 51.1436 Color classifications (b): Revised to remove
reference to plastic models and address for viewing them.
Sec. 51.1437 Table I: Revised to change Midget to Extra
small.
Sec. 51.1438 Table II and Table III: Revised to change
Midget pieces to Extra small pieces.
Sec. 51.1443 Particles and dust: Revised to change midget
to extra small.
In addition, AMS is making the following revision in the U.S.
Standards for Grades of Pecans in the Shell:
Sec. 51.1403 Kernel color classifications (b): Revised to
remove reference to plastic models and address.
Regulatory Flexibility Analysis
Pursuant to the requirements set forth in the Regulatory
Flexibility Act (RFA), AMS has considered the economic impact of this
action on small entities. Accordingly, AMS prepared this final
regulatory flexibility analysis.
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. Small agricultural producers
have been defined by the Small Business Administration (SBA) (13 CFR
121.201) as those having annual receipts of less than $750,000. Small
agricultural service firms (handlers) are defined as those with annual
receipts of less than $7,500,000.
Considering the economic impact on small entities involves
estimating whether a majority of growers and handlers in the U.S. pecan
market qualify as small or large businesses. The following paragraphs
explain a set of computations that achieves this goal.
Almost all U.S. pecans are grown in the 15-state production area of
the Federal marketing order for pecans (Marketing Order 986). There are
2,500 growers of pecans in the production area and 250 handlers subject
to regulation under the marketing order. The grower number estimate was
supplied by the American Pecan Council, which administers the marketing
order under the oversight of USDA. The handler number estimate comes
from the Secretary's Decision on promulgating the marketing order (81
FR 10140).
According to data published by the National Agricultural Statistics
Service (NASS), the 3-year average value of utilized pecan production
for 2014 through 2016 was $591.204 million. Dividing this average value
of utilized pecan production by the total number of pecan growers
(2,500) provides an average return per grower estimate of $236,482,
well below the SBA small business threshold of $750,000 in annual
receipts. Using this average value of utilized production and grower
number information, and assuming a normal bell-curve distribution of
receipts among growers, the majority of growers qualify as small
businesses.
Evidence presented in 2015 during formal rulemaking for the pecan
Federal marketing order indicated an average handler margin of $0.58
per pound. Adding the handler margin to the 2014-2016 average grower
price of $2.22 per pound of inshell pecans results in an estimated
handler price of $2.80 per pound. Multiplying the estimated handler
price by the 3-year average utilized production figure of 266.312
million pounds yields a total value of production at the handler level
of $745.7 million. Dividing this handler-level value of utilized pecan
production by the number of handlers (250) results in an average return
per handler of $2.98 million, well below the SBA small business
threshold of $7.5 million in annual receipts. Using this estimated
price, utilization volume and value, and number of handlers, and
assuming a normal bell-curve distribution of receipts among handlers,
the majority of handlers qualify as small businesses.
The pecan standard changes are limited to modernizing grading
terminology and removing language related to outdated vendor references
for color standards. The pecan size standard currently known as
``midget'' will be changed to ``extra small.'' Additionally, obsolete
vendor information for the pecan kernel color standards will be
revised. Information regarding the purchasing of the color standards
from the manufacturer is obsolete as models are no longer available.
The inspection procedures and color standards will remain in effect.
AMS also is removing outdated language in another section that
identified where the kernel models could be viewed. The remaining
language in that section identifies the four ``color intensities'' of
the kernel color standards.
With the adoption of this rule, current inspection methods will
continue unchanged. The ``extra small'' size category will be identical
to the previous ``midget'' size category; only the name will change.
Renaming the size category and continuing to use the current method of
applying kernel color standards will not require any significant
changes in grower or handler business operations. Any additional costs
to growers and handlers will be negligible. No small businesses will be
unduly or disproportionately burdened.
Renaming the size standard and removing outdated language helps
keep grading standards current. Food grading standards provide
important quality information to buyers and sellers, contributing to
the efficient marketing of agricultural commodities.
A 30-day comment period is provided for public comment on the
changes to the U.S. Standards for Grades of Shelled Pecans and the U.S.
Standards for Grades of Pecans in the Shell proposed herein. If no
significant comment is received, the changes in this rule, would be
implemented 30 days thereafter.
List of Subjects in 7 CFR Part 51
Food grades and standards, Fruits, Nuts, Reporting and
recordkeeping requirements, Vegetables.
For reasons set forth in the preamble, 7 CFR part 51 is 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. 51.1403, paragraph (b) is revised to read as follows:
Sec. 51.1403 Kernel color classifications.
* * * * *
(b) U.S. Department of Agriculture kernel color standards, PEC-MC-
1, illustrate the color intensities implied by the terms ``golden,''
``light brown,'' ``medium brown,'' and ``dark brown'' referred to in
paragraph (a) of this section.
0
3. In Sec. 51.1436, paragraph (b) is revised to read as follows:
Sec. 51.1436 Color classifications.
* * * * *
[[Page 50477]]
(b) U.S. Department of Agriculture kernel color standards, PEC-MC-
1, illustrate the color intensities implied by the terms ``golden,''
``light brown,'' ``medium brown,'' and ``dark brown'' referred to in
paragraph (a) of this section.
0
4. In Sec. 51.1437, Table I is amended by removing the entry
``Midget'' and adding in its place the entry ``Extra small'' to read as
follows:
Sec. 51.1437 Size classifications for halves.
* * * * *
Table I
------------------------------------------------------------------------
Size classifications for halves Number of halves per pound
------------------------------------------------------------------------
* * * * *
Extra small............................... 751 or more.
------------------------------------------------------------------------
* * * * *
0
5. In Sec. 51.1438, Table II and Table III are amended by removing the
entry ``Midget pieces'' and adding in its place the entry ``Extra small
pieces'' to read as follows:
Sec. 51.1438 Size classifications for pieces.
* * * * *
Table II
------------------------------------------------------------------------
Minimum
diameter (will
Maximum diameter not pass
(will pass through through round
Size classification round opening of opening of the
following diameter) following
diameter)
(inch)
------------------------------------------------------------------------
* * * * * * *
Extra small pieces............... 3/16 inch........... 1/16
* * * * * * *
------------------------------------------------------------------------
* * * * *
Table III
[Percent]
----------------------------------------------------------------------------------------------------------------
Tolerance (included in total tolerance) for
Total tolerance pieces smaller than
Size classification for offsize -------------------------------------------------
pieces 2/16 1/16 inch
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Extra small pieces........................... 15 ............................... 2
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
6. Revise Sec. 51.1443 to read as follows:
Sec. 51.1443 Particles and dust.
Particles and dust means, for all size designations except ``extra
small pieces'' and ``granules,'' fragments of kernels which will pass
through a round opening two-sixteenths inch in diameter.
Dated: October 3, 2018.
Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2018-21845 Filed 10-5-18; 8:45 am]
BILLING CODE 3410-02-P
