U.S. Standards for Grades of Grapefruit (Texas and States Other Than Florida, California, and Arizona), and U.S. Standards for Grades of Oranges (Texas and States Other Than Florida, California, and Arizona), 13833-13840 [2020-04368]

Download as PDF Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Proposed Rules (j) From subsection (g)(1) (Civil Remedies) to the extent that the system is exempt from other specific subsections of the Privacy Act. Jonathan R. Cantor, Acting Chief Privacy Officer, Department of Homeland Security. [FR Doc. 2020–04796 Filed 3–9–20; 8:45 am] BILLING CODE 9910–9B–P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 51 [Document Number AMS–SC–17–0076, SC– 18–327] U.S. Standards for Grades of Grapefruit (Texas and States Other Than Florida, California, and Arizona), and U.S. Standards for Grades of Oranges (Texas and States Other Than Florida, California, and Arizona) Agricultural Marketing Service, USDA. ACTION: Proposed rule. AGENCY: The Agricultural Marketing Service (AMS) proposes to revise the U.S. Standards for Grades of Grapefruit (Texas and States other than Florida, California, and Arizona) and the U.S. Standards for Grades of Oranges (Texas and States other than Florida, California, and Arizona). The revision would convert the Acceptable Quality Level (AQL) tables from showing the acceptable number of allowable defective fruit in each grade to showing the percentage of defects permitted in each grade; revise the minimum sample size to 25 fruit; update size classifications; remove references to Temple oranges from the orange standards for grade; and more closely align terminology in both grade standards with Florida and California citrus standards. DATES: Comments must be submitted on or before May 11, 2020. 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. khammond on DSKJM1Z7X2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 17:05 Mar 09, 2020 Jkt 250001 FOR FURTHER INFORMATION CONTACT: Olivia L. Banks at the address above, or by phone (540) 361–1120; fax (540) 361– 1199; or, email olivia.banks@usda.gov. Copies of the proposed U.S. Standards for Grades of Grapefruit (Texas and States other than Florida, California, and Arizona) and U.S. Standards for Grades of Oranges (Texas and States other than Florida, California, and Arizona) may be viewed at http:// www.regulations.gov. Copies of the current U.S. Standards for Grades of Grapefruit (Texas and States other than Florida, California, and Arizona) and U.S. Standards for Grades of Oranges (Texas and States other than Florida, California, and Arizona) are available on the AMS website at https:// www.ams.usda.gov/grades-standards/ fruits. The proposed changes would convert the AQL tables in the U.S. Standards for Grades of Grapefruit (Texas and States other than Florida, California, and Arizona) and the U.S. Standards for Grades of Oranges (Texas and States other than Florida, California, and Arizona) from showing the acceptable number of allowable defective fruit in each grade to showing the percentage of defects permitted in each grade, revise minimum sample size to 25 fruit, update size classifications, remove reference to Temple orange in the orange standards for grade and more closely align terminology in both grade standards with Florida and California citrus standards. These revisions also affect the grade requirements under the marketing order (Order) Oranges and Grapefruit Grown in Lower Rio Grande Valley in Texas, 7 CFR part 906, issued under the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601– 674) and applicable imports. SUPPLEMENTARY INFORMATION: Executive Orders 12866, 13771, and 13563 This proposed rule is not expected to be an Executive Order 13771 regulatory action because it 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 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 13833 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 proposed 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 proposed 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. On September 20, 2016, AMS received a request from the Texas Valley Citrus Committee (TVCC) to modernize the language of and clarify the Texas citrus standards by removing outdated AQL tables. The standards were last revised in September 2003. AMS worked closely with the TVCC throughout the development of the proposed revisions, soliciting their comments and suggestions about the standards through discussion drafts that outlined the conversion from AQL tables to a defined percentage of defects permitted in each grade. The proposed percentages correspond to those currently allowed in the AQL tables and more closely align with California and Florida orange and grapefruit standards. Additional proposed revisions to the Texas grapefruit standard include adding size 64 to the size classifications to align with sizes in the Order; changing the minimum sample size from 33 to 25 fruit; and changing the scoring basis for defects from a 70-size fruit to a 41⁄8-inch grapefruit. Proposed revisions to the Texas orange standard also include adding size 163 to the size classifications to align with sizes in the Order; changing the minimum sample size from 50 to 25 fruit; changing the scoring basis for defects from a 200-size fruit to a 27⁄8-inch orange; and removing Temple oranges from the standard. AMS also conducted a grapefruit shape survey with the TVCC to identify areas of the standards for revision in E:\FR\FM\10MRP1.SGM 10MRP1 13834 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS order to more closely align the Texas citrus standards with those of Florida and California. On May 23, 2018, AMS met with the TVCC to review the proposed revisions. These efforts culminated with the TVCC submitting a petition to AMS on June 12, 2018 to revise the U.S. standards for Texas oranges and grapefruit as discussed and approved at the May 2018 meeting. This rule proposes several changes in the U.S. standards. The chart below shows the requirements of the current standards, the proposed changes, and the rationale for each change. The first chart covers the U.S. Standards for Grades of Grapefruit (Texas and States other than Florida, California, and Arizona) and the second chart covers the U.S. Standards for Grades of Oranges (Texas and States other than Florida, California, and Arizona). The proposed revisions more closely align terminology related to defects and grade requirements with the Florida citrus grade standards as requested by the TVCC and align the standards with current industry practices. Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA) (5 U.S.C. 601–612), AMS has considered the economic impact of this proposed rule on small entities. Accordingly, AMS has prepared this initial regulatory flexibility analysis. 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. This rule will revise the U.S. Standards for Grades of Grapefruit (Texas and States other than Florida, California, and Arizona) and U.S. Standards for Grades of Oranges (Texas and States other than Florida, California, and Arizona) that were issued under the Agricultural Marketing Act of 1946. Standards issued under the 1946 Act are voluntary. There are approximately 170 producers of grapefruit and oranges in the production area and 14 handlers subject to regulation under the Order. Small agricultural producers are defined by the Small Business Administration (SBA) as those having annual receipts less than $1,000,000, and small agricultural service firms are defined as those whose annual receipts are less than $30,000,000 (13 CFR 121.201). According to Texas Valley Citrus Committee (TVCC) data, the average price for Texas citrus during the 2017– 18 season prices ranged from $11.10 to $33.35 per carton. The average price was $22.23 per carton ($11.10 plus VerDate Sep<11>2014 17:05 Mar 09, 2020 Jkt 250001 $33.35 equals $44.45, divided by 2 equals $22.23 per carton) and total shipments were 7.9 million cartons. Using the average price, shipment information, and number of handlers, and assuming a normal distribution, the majority of handlers would have average annual receipts of less than $30,000,000 ($22.23 per carton times 7.9 million cartons equals $175.6 million, divided by 14 equals $12.5 million per handler). In addition, based on National Agricultural Statistics Service information, the average Free on Board (f.o.b.) price for Texas citrus during the 2018–19 season was approximately $35.05 per carton. Using the average f.o.b. price, shipment information, and the number of producers, and assuming a normal distribution, the majority of producers would have annual receipts of $1.6 million, which is more than $1,000,000 ($35.05 per carton times 7.9 million cartons equals $276.9 million, divided by 170 equals $1.6 million per producer). Thus, the majority of producers of Texas citrus may be classified as large entities, while the majority of handlers of Texas citrus may be classified as small entities. This proposed rule would convert the AQL Tables from showing the acceptable number of allowable defective fruit in each grade to a percentage of defects permitted in each grade, revise minimum sample size to 25 fruit, update size classifications, remove references to Temple orange from the orange standards for grade, and more closely align terminology in both standards for grade with Florida and California citrus standards. This proposed action would make the standards more consistent with current marketing trends and practices. This proposed action will not impose any additional reporting or recordkeeping requirements on small or large orange or grapefruit producers or handlers. USDA has not identified any Federal rules that duplicate, overlap, or conflict with this rule. However, there are marketing programs that regulate the handling of oranges and grapefruit under 7 CFR part 906. Oranges and grapefruit subject to the Order must meet certain requirements set forth in the grade standards for oranges and grapefruit. A 60-day comment period is provided for interested persons to submit comments on the proposed revised grade standards. Copies of the proposed revised standards are available at http:// www.regulations.gov. After the 60-day comment period, AMS will move forward in accordance with 7 CFR 36.3(a). PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 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—FRESH FRUITS, VEGETABLES AND OTHER PRODUCTS (INSPECTION, CERTIFICATION, AND STANDARDS) 1. The authority citation for part 51 continues to read as follows: ■ Authority: 7 U.S.C. 1621–1627. 2. Revise the subpart heading ‘‘Subpart–United States Standards for Grades of Grapefruit (Texas and States Other than Florida, California, and Arizona)’’ to read as follows: ■ Application of Tolerances ■ 3. Revise § 51.620 to read as follows: § 51.620 U.S. Fancy. ‘‘U.S. Fancy’’ consists of grapefruit which meet the following requirements: (a) Basic requirements: (1) Discoloration: Not more than onetenth of the surface, in the aggregate, may be affected by discoloration. (See § 51.638.); (2) Firm; (3) Mature; (4) Similar varietal characteristics; (5) Smooth texture; (6) Well formed; and (7) Well colored. (b) Free from: (1) Ammoniation; (2) Bruises; (3) Buckskin; (4) Decay; (5) Growth cracks; (6) Scab; (7) Skin breakdown; (8) Sprayburn; (9) Unhealed skin breaks; and (10) Wormy fruit. (c) Free from injury caused by: (1) Green spots; (2) Hail; (3) Oil spots; (4) Scale; (5) Scars; and (6) Thorn scratches. (d) Free from damage caused by: (1) Dryness or mushy condition; (2) Insects; (3) Sprouting; (4) Sunburn; and (5) Other means. (e) For tolerances see § 51.628. ■ 4. Revise § 51.621 to read as follows: § 51.621 U.S. No. 1. ‘‘U.S. No. 1’’ consists of grapefruit which meet the following requirements: E:\FR\FM\10MRP1.SGM 10MRP1 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Proposed Rules (a) Basic requirements: (1) Discoloration: Not more than onehalf of the surface, in the aggregate, may be affected by discoloration. (See § 51.638.); (2) Fairly smooth texture; (3) Fairly well colored; (4) Fairly well formed; (5) Firm; (6) Mature; and (7) Similar varietal characteristics. (b) Free from: (1) Bruises; (2) Caked melanose; (3) Decay; (4) Growth cracks; (5) Sprayburn; (6) Unhealed skin breaks; and (7) Wormy fruit. (c) Free from damage caused by: (1) Ammoniation; (2) Buckskin; (3) Caked melanose; (4) Dryness or mushy condition; (5) Green spots; (6) Hail; (7) Oil spots; (8) Scab; (9) Scale; (10) Scars; (11) Skin breakdown; (12) Sprayburn; (13) Sprouting; (14) Sunburn; (15) Thorn scratches; and (16) Other means. (d) For tolerances see § 51.628. ■ 5. Revise § 51.623 to read as follows: § 51.623 U.S. No. 1 Bronze. The requirements for this grade are the same as for U.S. No. 1 except that all fruit must show some discoloration and at least 10 percent, by count, of the fruit shall have more than one-half of their surface, in the aggregate, affected by discoloration. The predominating discoloration on each of these fruits shall be of rust mite type. For tolerances see § 51.628. ■ 6. Revise § 51.624 to read as follows: khammond on DSKJM1Z7X2PROD with PROPOSALS § 51.624 U.S. Combination. ‘‘U.S. Combination’’ consists of a combination of U.S. No. 1 and U.S. No. 2 grapefruit: Provided, That at least 55 percent, by count, meet the requirements of U.S. No. 1 grade for defects, And provided further, That the lot meets the basic requirement for discoloration as specified in the U.S. No. 2 grade. For tolerances see § 51.628. ■ 7. Revise § 51.625 to read as follows: § 51.625 U.S. No. 2. ‘‘U.S. No. 2’’ consists of grapefruit which meet the following requirements: (a) Basic requirements: (1) Discoloration: Not more than twothirds of the surface, in the aggregate, VerDate Sep<11>2014 17:05 Mar 09, 2020 Jkt 250001 may be affected by discoloration. (See § 51.638.); (2) Fairly firm; (3) Mature; (4) Not more than slightly misshapen; (5) Not more than slightly rough texture; (6) Slightly colored; and (7) Similar varietal characteristics. (b) Free from: (1) Bruises; (2) Decay; (3) Growth cracks; (4) Unhealed skin breaks; and (5) Wormy fruit. (c) Free from serious damaged caused by: (1) Ammoniation; (2) Buckskin; (3) Caked melanose; (4) Dryness or mushy condition; (5) Green spots; (6) Hail; (7) Oil spots; (8) Scab; (9) Scale; (10) Scars; (11) Skin breakdown; (12) Sprayburn; (13) Sprouting; (14) Sunburn; (15) Thorn scratches; and (16) Other means. (d) For tolerances see § 51.628. ■ 8. Revise § 51.626 to read as follows: § 51.626 U.S. No. 2 Russet. The requirements for this grade are the same as for U.S. No. 2 except that at least 10 percent of the fruit shall have more than two-thirds of their surface, in the aggregate, affected by any type of discoloration. For tolerances see § 51.628. ■ 9. Revise § 51.627 to read as follows: § 51.627 U.S. No. 3. ‘‘U.S. No. 3’’ consists of grapefruit which meet the following requirements: (a) Basic requirements: (1) Mature; (2) May be misshapen; (3) May be slightly spongy; (4) May have rough texture; (5) May be poorly colored. Not more than 25 percent of the surface may be of a solid dark green color; (6) Not seriously lumpy or cracked; and (7) Similar varietal characteristics. (b) Free from: (1) Decay; (2) Unhealed skin breaks; and (3) Wormy fruit. (c) Free from very serious damage caused by: (1) Ammoniation; (2) Buckskin; (3) Caked melanose; PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 ■ 13835 (4) Dryness or mushy condition; (5) Green spots; (6) Hail; (7) Oil spots; (8) Scab; (9) Scale; (10) Scars; (11) Skin breakdown; (12) Sprayburn; (13) Sprouting; (14) Sunburn; (15) Thorn scratches; and (16) Other means. (d) For tolerances see § 51.628. 10. Revise § 51.628 to read as follows: § 51.628 Tolerances. In order to allow for variations incident to proper grading and handling in each of the foregoing grades, the following tolerances, by count, based on a minimum 25 count sample, are provided as specified. No tolerance shall apply to wormy fruit. (a) Defects—(1) U.S. Fancy, U.S. No. 1, U.S. No. 1 Bright, U.S. No. 1 Bronze, U.S. No. 2, and U.S. No. 2 Russet—(i) For defects at shipping point.1 Not more than 10 percent of the fruit in any lot may fail to meet the requirements of the specified grade: Provided, That included in this amount not more than 5 percent shall be allowed for defects causing very serious damage, including in this latter amount not more than 1 percent for decay. (ii) For defects en route or at destination. Not more than 12 percent of the fruit in any lot may fail to meet the requirements of the specified grade: Provided, That included in this amount not more than the following percentages shall be allowed for defects listed: (A) 10 percent for fruit having permanent defects; or (B) 7 percent for defects causing very serious damage, including therein not more than 5 percent for very serious damage by permanent defects and not more than 3 percent for decay. (2) U.S. Combination—(i) For defects at shipping point.1 Not more than 10 percent of the fruit in any lot may fail to meet the requirements of the U.S. No. 2 grade: Provided, That included in this amount not more than 5 percent shall be allowed for defects causing very serious damage, included in this latter amount not more than 1 percent for decay. (ii) For defects en route or at destination. Not more than 12 percent the fruit in any lot may fail to meet the requirements of the U.S. No. 2 grade: Provided, That included in this amount not more than the following percentages shall be allowed for defects listed: (A) 10 percent for fruit having permanent defects; or (B) 7 percent for defects causing very serious damage, including therein not E:\FR\FM\10MRP1.SGM 10MRP1 13836 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS more than 5 percent for very serious damage by permanent defects and not more than 3 percent for decay. (iii) For defects at shipping point 1 and en route or at destination. No part of any tolerance shall be allowed to reduce, for the lot as a whole, the 55 percent of U.S. No. 1 fruit required in the U.S. Combination grade, but individual samples may have not more than 15 percent less than the required percentage for the grade: Provided, That the entire lot averages within the percentage required. (3) U.S. No.3—(i) For defects at shipping point.1 Not more than 10 percent of the fruit in any lot may fail to meet the requirements of the grade: Provided, That included in this amount not more than 1 percent for decay. (ii) For defects en route or at destination. Not more than 12 percent of the fruit in any lot may fail to meet the requirements of the grade: Provided, That included in this amount not more than the following percentages shall be allowed for defects listed: (A) 10 percent for fruit having permanent defects; or (B) 3 percent for decay. (b) Discoloration—(1) U.S. No. 1, U.S. No. 1 Bright, U.S. Combination, and U.S. No. 2. Not more than 10 percent of the fruit in any lot may fail to meet the requirements relating to discoloration as specified in each grade; No sample may have more than 20 percent of the fruit with excessive discoloration: Provided, That the entire lot averages within the percentage specified. (2) U.S. No. 1 Bronze. At least 10 percent of the fruit shall have more than one-half of the surface, in the aggregate, affected by discoloration, and no part of any tolerance shall be allowed to reduce this percentage: Provided, That the entire lot averages within the percentage specified. No tolerance is provided for fruit showing no discoloration. (3) U.S. No. 2 Russet. At least 10 percent of the fruit shall have more than two-thirds of the surface, in the aggregate, affected by discoloration, and no part of any tolerance shall be allowed to reduce this percentage: Provided, That the entire lot averages within the percentage specified. 1 Shipping point, as used in these standards, means the point of origin of the shipment in the producing area or at port of loading for ship stores or overseas shipment, or, in the case of shipments from outside the continental United States, the port of entry into the United States. 11. Revise the undesignated center heading before § 51.629 ‘‘SAMPLE FOR GRADE OR SIZE DETERMINATION’’ to read as follows: ■ Application of Tolerances 12. Revise § 51.629 to read as follows: ■ § 51.629 Application of tolerances. Individual samples are subject to the following limitations, unless otherwise specified in § 51.628. Individual samples shall have not more than one and one-half times a specified tolerance of 10 percent or more, and not more than double a specified tolerance of less than 10 percent: Provided, That at least one decayed fruit may be permitted in any sample: And provided further, That the averages for the entire lot are within the tolerances specified for the grade. ■ 13. Revise § 51.630 to read as follows: § 51.630 Standard pack. (a) Fruits shall be fairly uniform in size, unless specified as uniform in size. When packed in approved containers, fruit shall be arranged according to approved and recognized methods. (b) ‘‘Fairly uniform in size’’ means that not more than 10 percent of fruit in any lot, and not more than double that amount in any sample, are outside the ranges of diameters given in Table 1 to this section: TABLE 1 TO § 51.630—7/10 BUSHEL CARTON Pack size/ number of grapefruit 18 23 27 32 36 40 48 56 64 Diameter in inches Minimum ................. ................. ................. ................. ................. ................. ................. ................. ................. Maximum 4–15/16 4–5/16 4–2/16 3–15/16 3–13/16 3–10/16 3–9/16 3–5/16 3 5–9/16 5 4–12/16 4–8/16 4–5/16 4–2/16 3–14/16 3–10/16 3–8/16 (c) ‘‘Uniform in size’’ means that not more than 10 percent of fruit in any lot, and not more than double that amount in any sample, may vary more than the following amounts: (1) 32 size and smaller—not more than six-sixteenths inch in diameter; and (2) 27 size and larger—not more than nine-sixteenths inch in diameter. (d) In order to allow for variations, other than sizing, incident to proper packing, not more than 5 percent of the packages in any lot may fail to meet the requirements of standard pack. ■ 14. Revise § 51.637 to read as follows: § 51.637 Injury. Injury means any specific defect described in Table 1 to § 51.652; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which slightly detracts from the appearance, or the edible or marketing quality of the fruit. ■ 15. Revise § 51.642 to read as follows: § 51.642 Damage. Damage means any specific defect described in Table 1 to § 51.652; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materially detracts from the appearance, or the edible or marketing quality of the fruit. ■ 16. Revise § 51.646 to read as follows: § 51.646 Serious damage. Serious damage means any specific defect described in Table 1 to § 51.652; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which seriously detracts from the appearance, or the edible or marketing quality of the fruit. ■ 17. Revise § 51.650 to read as follows: § 51.650 Very serious damage. Very serious damage means any specific defect described in Table 1 to § 51.652; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which very seriously detracts from the appearance, or the edible or marketing quality of the fruit. ■ 18. Revise § 51.652 to read as follows: § 51.652 Classification of defects. All references to area or aggregate area, or length in this standard are based on a grapefruit 41⁄8 inches in diameter, allowing proportionately greater areas on larger fruit and lesser areas on smaller fruit. TABLE 1 TO § 51.652 Factor Injury Ammoniation ....... ....................................................... VerDate Sep<11>2014 17:05 Mar 09, 2020 Jkt 250001 Damage Not occurring as light speck type PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 Serious damage Very serious damage Scars are cracked or dark and aggregating more than a circle 3⁄4 inch in diameter. Aggregating more than 25 percent of the surface. E:\FR\FM\10MRP1.SGM 10MRP1 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Proposed Rules 13837 TABLE 1 TO § 51.652—Continued Factor Injury Buckskin .............. ....................................................... Caked melanose ....................................................... Dryness or mushy condition. ....................................................... Green spots or oil spots. Hail ...................... More than slightly affecting appearance. Not well healed, or aggregating more than a circle 3⁄8 inch in diameter. ....................................................... Scab .................... Scale ................... Scars ................... Damage More than a few adjacent to the ‘‘button’’ at the stem end, or more than 6 scattered on other portions of the fruit. Depressed, not smooth, or detracts from appearance more than the amount of discoloration permitted in the grade. Skin Breakdown .. ....................................................... Sprayburn ............ ....................................................... Sprouting ............. ....................................................... Sunburn ............... ....................................................... Thorn scratches .. Not well healed, or more unsightly than discoloration permitted in the grade. 19. Revise the heading of Subpart— United States Standards for Grades of Oranges (Texas and States Other than Florida, California, and Arizona) to read as follows: ■ Application of Tolerances ■ 20. Revise § 51.681 to read as follows: khammond on DSKJM1Z7X2PROD with PROPOSALS § 51.681 U.S. Fancy. ‘‘U.S. Fancy’’ consists of oranges which meet the following requirements: (a) Basic requirements: (1) Discoloration: Not more than onetenth of the surface, in the aggregate, may be affected by discoloration. (See § 51.700.); (2) Firm; (3) Mature; (4) Similar varietal characteristics; (5) Smooth texture; (6) Well colored; and (7) Well formed. (b) Free from: (1) Ammoniation; (2) Bruises; VerDate Sep<11>2014 17:05 Mar 09, 2020 Jkt 250001 Serious damage Very serious damage Aggregating more than 25 percent of the surface. Aggregating more than a circle 1 inch in diameter. Affecting all segments more than Affecting all segments more than 1⁄2 inch at stem end, or the 1⁄4 inch at stem end, or the equivalent of this amount, by equivalent of this amount, by volume, when occurring in other volume, when occurring in other portions of the fruit. portions of the fruit. Aggregating more than a circle 1 Aggregating more than a circle inch in diameter. 11⁄2 inches in diameter. Not well healed, or aggregating Not well healed, or aggregating more than a circle 1⁄2 inch in dimore than a circle 5⁄8 inch in diameter. ameter. Materially detracts from the shape Seriously detracts from the shape or texture, or aggregating more or texture, or aggregating more than a circle 1 inch in diameter. than a circle 3⁄4 inch in diameter. Blotch aggregating more than a Blotch aggregating more than a circle 1 inch in diameter, or occircle 3⁄4 inch in diameter, or occurring as a ring more than a curring as a ring more than a circle 11⁄2 inches in diameter. circle 11⁄4 inches in diameter. Very deep or very rough aggre- Very deep or very rough aggregating more than a circle 1⁄2 gating more than a circle 1 inch inch in diameter; deep or rough in diameter; deep or rough agaggregating more than 1 inch in gregating more than 5 percent diameter; slightly rough or of of the fruit surface; slight depth slight depth aggregating more or slightly rough aggregating than 10 percent of surface. more than 15 percent of surface. Aggregating more than a circle 3⁄8 Aggregating more than a circle 5⁄8 inch in diameter. inch in diameter. ....................................................... Hard or aggregating more than a circle 11⁄4 inches in diameter. More than 6 seeds are sprouted, More than 6 seeds are sprouted, including not more than 1 including not more than 2 sprout extending to the rind, resprouts extending to the rind, mainder average not over 1⁄4 remainder average not over 1⁄2 inch in length. inch in length. Skin is flattened, dry, darkened, or Skin is hard, fruit is decidedly hard, aggregating more than 25 one-sided, aggregating more percent of surface. than one-third of surface. Not well healed, hard con- Not well healed, hard concentrated thorn injury aggrecentrated thorn injury aggregating more than a circle 3⁄4 gating more than a circle 7⁄8 inch in diameter, or slight inch in diameter, or slight scratches aggregating more scratches aggregating more than a circle 1 inch in diameter. than a circle 11⁄4 inches in diameter. Aggregating more than a circle 11⁄4 inches in diameter. ....................................................... (3) Buckskin; (4) Caked melanose; (5) Creasing; (6) Decay; (7) Growth cracks; (8) Scab; (9) Skin breakdown; (10) Sprayburn; (11) Undeveloped segments; (12) Unhealed skin breaks; and (13) Wormy fruit. (c) Free from injury caused by: (1) Green spots; (2) Hail; (3) Oil spots; (4) Rough, wide or protruding navels; (5) Scale; (6) Scars; (7) Split navels; and (8) Thorn scratches. (d) Free from damage caused by: (1) Dirt or other foreign material; (2) Disease; (3) Dryness or mushy condition; (4) Insects; PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 ■ Aggregating more than 50 percent of the surface. Aggregating more than 25 percent of the surface. Affecting all segments more than 3⁄4 inch at stem end, or the equivalent of this amount, by volume, when occurring in other portions of the fruit. Not well healed, or aggregating more than a circle 1 inch in diameter. Aggregating more than 25 percent of the surface. Aggregating more than 25 percent of the surface. Very deep or very rough or unsightly that appearance is very seriously affected. Aggregating more than a circle 11⁄4 inches in diameter. Aggregating more than 25 percent of the surface. More than 6 seeds are sprouted, including not more than 3 sprouts extending to the rind, remainder average not over 3⁄4 inch in length. Aggregating more than 50 percent of fruit surface. Aggregating more than 25 percent of the surface. (5) Sunburn; and (6) Other means. (e) For tolerances see § 51.689. 21. Revise § 51.682 to read as follows: § 51.682 U.S. No. 1. ‘‘U.S. No. 1’’ consists of oranges which meet the following requirements: (a) Basic requirements: (1) Color: (i) Early and midseason varieties shall be fairly well colored. (ii) For Valencia and other late varieties, not less than 50 percent, by count, shall be fairly well colored and the remainder reasonably well colored. (2) Discoloration: Not more than onethird of the surface, in the aggregate, may be affected by discoloration. (See § 51.700.); (3) Firm; (4) Fairly smooth texture; (5) Mature; (6) Similar varietal characteristics; and (7) Well formed. E:\FR\FM\10MRP1.SGM 10MRP1 13838 ■ Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Proposed Rules (b) Free from: (1) Bruises; (2) Caked melanose; (3) Decay; (4) Growth cracks; (5) Sprayburn; (6) Undeveloped segments; (7) Unhealed skin breaks; and (8) Wormy fruit. (c) Free from damage caused by: (1) Ammoniation; (2) Buckskin; (3) Creasing; (4) Dirt or other foreign material; (5) Disease; (6) Dryness or mushy condition; (7) Green spots; (8) Hail; (9) Insects; (10) Oil spots; (11) Scab; (12) Scale; (13) Scars; (14) Skin breakdown; (15) Split, rough or protruding navels; (16) Sunburn; (17) Thorn scratches; and (18) Other means. (d) For tolerances see § 51.689. 22. Revise § 51.684 to read as follows: § 51.684 U.S. No. 1 Bronze. The requirements for this grade are the same as for U.S. No. 1 except that all fruit must show some discoloration and at least 10 percent, by count, of the fruit shall have more than one-third of their surface, in the aggregate, affected by discoloration. The predominating discoloration on these fruits shall be of rust mite type. For tolerances see § 51.689. ■ 23. Revise § 51.685 to read as follows: § 51.685 U.S. Combination. ‘‘U.S. Combination’’ consists of a combination of U.S. No. 1 and U.S. No. 2 oranges: Provided, That at least 55 percent, by count, meet the requirements of U.S. No. 1 grade for defects, And provided further, That the lot meets the basic requirement for discoloration as specified in the U.S. No. 2 grade. For tolerances see § 51.689. ■ 24. Revise § 51.686 to read as follows: khammond on DSKJM1Z7X2PROD with PROPOSALS § 51.686 U.S. No. 2. ‘‘U.S. No. 2’’ consists of oranges which meet the following requirements: (a) Basic requirements: (1) Discoloration: Not more than onehalf of the surface, in the aggregate, may be affected by discoloration. (See § 51.700.); (2) Fairly firm; (3) Mature; (4) Not more than slightly misshapen; (5) Not more than slightly rough texture; VerDate Sep<11>2014 17:05 Mar 09, 2020 Jkt 250001 (6) Reasonably well colored; and (7) Similar varietal characteristics. (b) Free from: (1) Bruises; (2) Decay; (3) Growth cracks; (4) Unhealed skin breaks; and (5) Wormy fruit. (c) Free from serious damaged caused by: (1) Ammoniation; (2) Buckskin; (3) Caked melanose; (4) Creasing; (5) Dirt or other foreign material; (6) Disease; (7) Dryness or mushy condition; (8) Green spots; (9) Hail; (10) Insects; (11) Oil spots; (12) Scab; (13) Scale; (14) Scars; (15) Skin breakdown; (16) Split, rough or protruding navels; (17) Sprayburn; (18) Sunburn; (19) Thorn scratches; and (20) Other means. (d) For tolerances see § 51.689. ■ 25. Revise § 51.687 to read as follows: § 51.687 U.S. No. 2 Russet. The requirements for this grade are the same as for U.S. No. 2 except that at least 10 percent by count of the fruit shall have more than one-half of their surface, in the aggregate, affected by any type of discoloration. For tolerances see § 51.689. ■ 26. Revise § 51.688 to read as follows: § 51.688 U.S. No. 3. ‘‘U.S. No. 3’’ consists of oranges which meet the following requirements: (a) Basic requirements: (1) Mature; (2) May be misshapen; (3) May be poorly colored. Not more than 25 percent of the surface may be of a solid dark green color; (4) May be slightly spongy; (5) May have rough texture; (6) Not seriously lumpy or cracked; and (7) Similar varietal characteristics. (b) Free from: (1) Decay; (2) Unhealed skin breaks; and (3) Wormy fruit. (c) Free from very serious damage caused by other means. (d) For tolerances see § 51.689. ■ 27. Revise § 51.689 to read as follows. § 51.689 Tolerances. In order to allow for variations incident to proper grading and handling PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 in each of the foregoing grades, the following tolerances, by count, based on a minimum 25 count sample, are provided as specified. No tolerance shall apply to wormy fruit. (a) Defects—(1) U.S. Fancy, U.S. No. 1, U.S. No. 1 Bright, U.S. No. 1 Bronze, U.S. No. 2, and U.S. No. 2 Russet Grades—(i) For defects at shipping point.1 Not more than 10 percent of the fruit in any lot may fail to meet the requirements of the specified grade: Provided, That included in this amount not more than 5 percent shall be allowed for defects causing very serious damage, including in this latter amount not more than 1 percent for decay. (ii) For defects en route or at destination. Not more than 12 percent of the fruit in any lot may fail to meet the requirements of the specified grade: Provided, That included in this amount not more than the following percentages shall be allowed for defects listed: (A) 10 percent for fruit having permanent defects; or (B) 7 percent for defects causing very serious damage, including therein not more than 5 percent for very serious damage by permanent defects and not more than 3 percent for decay. (2) U.S. Combination—(i) For defects at shipping point.1 Not more than 10 percent of the fruit in any lot may fail to meet the requirements of the U.S. No. 2 grade: Provided, That included in this amount not more than 5 percent shall be allowed for defects causing very serious damage, including in this latter amount not more than 1 percent for decay. (ii) For defects en route or at destination. Not more than 12 percent of the fruit in any lot may fail to meet the requirements of the U.S. No. 2 grade: Provided, That included in this amount not more than the following percentages shall be allowed for defects listed: (A) 10 percent for fruit having permanent defects; or (B) 7 percent for defects causing very serious damage, including therein not more than 5 percent for very serious damage by permanent defects and not more than 3 percent for decay. (iii) For defects at shipping point 1 and en route or at destination. No part of any tolerance shall be allowed to reduce for the lot as a whole, the 55 percent of U.S. No. 1 fruit required in the U.S. Combination grade, but individual samples may have not more than 15 percent less than the required percentage for the grade: Provided, That the entire lot averages within the percentage required. (3) U.S. No. 3—(i) For defects at shipping point.1 Not more than 10 percent of the fruit in any lot may fail to meet the requirements of the grade: E:\FR\FM\10MRP1.SGM 10MRP1 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Proposed Rules Provided, That included in this amount not more than 1 percent for decay. (ii) For defects en route or at destination. Not more than 12 percent of the fruit in any lot may fail to meet the requirements of the grade: Provided, That included in this amount not more than the following percentages shall be allowed for defects listed: (A) 10 percent for fruit having permanent defects; or (B) 3 percent for decay. (b) Discoloration—(1) U.S. No. 1, U.S. No. 1 Bright, U.S. Combination, and U.S. No. 2. Not more than 10 percent of the fruit in any lot may fail to meet the requirements relating to discoloration as specified in each grade. No sample may have more than 20 percent of the fruit with excessive discoloration: Provided, That the entire lot averages within the percentage specified. (2) U.S. No. 1 Bronze. At least 10 percent of the fruit shall have more than one-third of the surface, in the aggregate, affected by discoloration, and no part of any tolerance shall be allowed to reduce this percentage. No sample may have less than 5 percent of the fruit with required discoloration: Provided, That the entire lot averages within the percentage specified. No tolerance shall apply to fruit showing no discoloration. (3) U.S. No. 2 Russet. At least 10 percent of the fruit shall have more than one-half of the surface, in the aggregate, affected by discoloration, and no part of any tolerance shall be allowed to reduce this percentage. No sample may have less than 5 percent of the fruit with the required discoloration: Provided, That the entire lot averages within the percentage specified. 1 Shipping point, as used in these standards, means the point of origin of the shipment in the producing area or at port of loading for ship stores or overseas shipment, or, in the case of shipments from outside the continental United States, the port of entry into the United States. 28. Revise undesignated center heading ‘‘SAMPLE FOR GRADE OR SIZE DETERMINATION’’ before § 51.690 to read as follows: ■ APPLICATION OF TOLERANCES ■ 29. Revise § 51.690 to read as follows: § 51.690 Application of tolerances. Individual samples are subject to the following limitations, unless otherwise specified in § 51.689. Individual samples shall have not more than one and one-half times a specified tolerance of 10 percent or more, and not more than double a specified tolerance of less than 10 percent: Provided, That at least one decayed may be permitted in any sample: And provided further, That the averages for the entire lot are within the tolerances specified for the grade. ■ 30. Revise § 51.691 to read as follows: § 51.691 Standard pack. (a) Fruit shall be fairly uniform in size. When packed in approved containers, fruit shall be arranged according to approved and recognized methods. (b) ‘‘Fairly uniform in size’’ means that not more than 10 percent of fruit in any lot, and not more than double that amount in any sample, are outside the ranges of diameters given in Table 1: TABLE 1 TO § 51.691—7/10 BUSHEL CARTON Pack size/number of oranges 24 .......................... 32 .......................... 36 .......................... 40 .......................... 48 .......................... 56 .......................... 64 .......................... 72 .......................... 88 .......................... 113 ........................ 138 ........................ 163 ........................ Diameter in inches Minimum Maximum 312⁄16 36⁄16 34⁄16 32⁄16 215⁄16 213⁄16 211⁄16 29⁄16 28⁄16 27⁄16 26⁄16 23⁄16 51⁄16 49⁄16 46⁄16 44⁄16 4 313⁄16 10 3 ⁄16 38⁄16 34⁄16 3 212⁄16 8 2 ⁄16 (c) In order to allow for variations, other than sizing, incident to proper packing, not more than 5 percent of the packages in any lot may fail to meet the requirements of standard pack. ■ 31. Revise § 51.699 to read as follows: § 51.699 13839 Injury. Injury means any specific defect described in Table 1 to § 51.713; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which slightly detracts from the appearance, or the edible or marketing quality of the fruit. ■ 32. Revise § 51.702 to read as follows: § 51.702 Damage. Damage means any specific defect described in Table 1 to § 51.713; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materially detracts from the appearance, or the edible or marketing quality of the fruit. ■ 33. Revise § 51.708 to read as follows: § 51.708 Serious damage. Serious damage means any specific defect described in Table 1 to § 51.713; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which seriously detracts from the appearance, or the edible or marketing quality of the fruit. ■ 34. Revise § 51.711 to read as follows: § 51.711 Very serious damage. Very serious damage means any specific defect described in Table 1 to § 51.713; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which very seriously detracts from the appearance, or the edible or marketing quality of the fruit. ■ 35. Revise § 51.713 to read as follows: § 51.713 Classification of Defects. All references to area or aggregate area, or length in this standard are based on an orange 27⁄8 inches in diameter, allowing proportionately greater areas on larger fruit and lesser areas on smaller fruit. khammond on DSKJM1Z7X2PROD with PROPOSALS TABLE 1 TO § 51.713 Factor Injury Ammoniation ....... ....................................................... Not occurring as light speck type Buckskin .............. ....................................................... Caked melanose ....................................................... Aggregating more than a circle 1 inch in diameter. ....................................................... Creasing .............. ....................................................... VerDate Sep<11>2014 17:05 Mar 09, 2020 Jkt 250001 Damage Materially weakens the skin, or extends over more than onethird of the surface. PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 Serious damage Very serious damage Scars are cracked or dark and aggregating more than a circle 3⁄4 inch in diameter or light colored and aggregating more than a circle 1–1⁄4 inches in diameter. Aggregating more than 25 percent of the surface. Aggregating more than a circle 3⁄4 inch in diameter. Seriously weakens the skin, or extends over more than one-half of the surface. Aggregating more than 25 percent of the surface. E:\FR\FM\10MRP1.SGM 10MRP1 Aggregating more than 50 percent of the surface. Aggregating more than 25 percent of the surface. Very seriously weakens the skin, or is distributed over practically the entire surface. 13840 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Proposed Rules TABLE 1 TO § 51.713—Continued Factor Injury Damage Serious damage Very serious damage Dryness or mushy condition. ....................................................... More than slightly affecting appearance. Not well healed, or aggregating more than a circle 1/4 inch in diameter. ....................................................... Affecting all segments more than 1⁄2 inch at stem end, or the equivalent of this amount, by volume, when occurring in other portions of the fruit. Aggregating more than a circle 1– 1⁄4 inches in diameter. Not well healed, or aggregating more than a circle 1/2 inch in diameter. Seriously detracts from the shape or texture, or aggregating more than a circle 3⁄4 inch in diameter. Aggregating more than a circle 3⁄4 inch in diameter. Affecting all segments more than 3⁄4 inch at stem end, or the equivalent of this amount, by volume, when occurring in other portions of the fruit. Green spots or oil spots. Hail ...................... Affecting all segments more than 1⁄4 inch at stem end, or the equivalent of this amount, by volume, when occurring in other portions of the fruit. Aggregating more than a circle 7⁄8 inch in diameter. Not well healed, or aggregating more than a circle 3/8 inch in diameter. Materially detracts from the shape or texture, or aggregating more than a circle 5⁄8 inch in diameter. Aggregating more than a circle 5⁄8 inch in diameter. Deep, rough or hard aggregating more than a circle 1⁄4 inch in diameter; slightly rough with slight depth aggregating more than a circle 7⁄8 inch in diameter; smooth or fairly smooth with slight depth aggregating more than a circle 1–1⁄4 inches in diameter. Aggregating more than a circle 1⁄4 inch in diameter. Skin is flattened, dry, darkened or hard, aggregating more than 25 percent of the surface. Deep, rough aggregating more than a circle 1⁄2 inch in diameter; slightly rough with slight depth aggregating more than a circle 1–1⁄4 inches in diameter. Deep, rough or unsightly that appearance is very seriously affected. Aggregating more than a circle 5⁄8 inch in diameter. Affecting more than one-third of the surface, hard, decidedly one-sided, or light brown and aggregating more than a circle 1–1⁄4 inches in diameter. Hard, or aggregating more than a circle 1–1⁄4 inches in diameter. Split is unhealed, or more than 1⁄2 inch in length, or aggregate length of all splits exceed 1 inch, or navel protrudes beyond general contour, and opening is so wide, folded and ridged that it seriously detracts from appearance. Not well healed, or hard concentrated thorn injury aggregating more than a circle 3⁄4 inch in diameter. Aggregating more than 25 percent of the surface. Aggregating more than 50 percent of the surface. Scab .................... Scale ................... Scars ................... More than a few adjacent to the ‘‘button’’ at the stem end, or more than 6 scattered on other portions of the fruit. Depressed, not smooth, or detracts from appearance more than the amount of discoloration permitted in the grade. Skin breakdown ... ....................................................... Sunburn ............... ....................................................... Sprayburn ............ ....................................................... ....................................................... Split, rough or protruding navels. Split is unhealed; navel protrudes beyond general contour; opening is so wide, growth so folded and ridged that it detracts noticeably from appearance. Split is unhealed, or more than 1⁄4 inch in length, or more than 3 well healed splits, or navel protrudes beyond the general contour, and opening is so wide, folded or ridged that it detracts materially from appearance. Thorn scratches .. Not slight, not well healed, or more unsightly than discoloration permitted in the grade. Not well healed, or hard concentrated thorn injury aggregating more than a circle 5⁄8 inch in diameter. Dated: February 27, 2020. Bruce Summers, Administrator, Agricultural Marketing Service. Proposed rule; reopening of the comment period. ACTION: BILLING CODE 3410–02–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Parts 1100, 1107, and 1114 khammond on DSKJM1Z7X2PROD with PROPOSALS [Docket No. FDA–2019–N–2854] RIN 0910–AH44 Premarket Tobacco Product Applications and Recordkeeping Requirements; Reopening of the Comment Period AGENCY: Food and Drug Administration, HHS. VerDate Sep<11>2014 17:05 Mar 09, 2020 Jkt 250001 The Food and Drug Administration (FDA or the Agency) is reopening the comment period only for the agency information collection activity associated with proposed rulemaking entitled ‘‘Premarket Tobacco Product Applications and Recordkeeping Requirements,’’ which appeared in the Federal Register of September 25, 2019. FDA is not reopening the comment period associated with any other aspects of the proposed rulemaking. The Agency is taking this action to seek comment on an additional proposed form to collect information that would be required under certain provisions of the proposed rule. This proposed form would allow for easier identification of each new tobacco product contained in a grouped submission of premarket tobacco product applications (PMTAs). SUMMARY: [FR Doc. 2020–04368 Filed 3–9–20; 8:45 am] PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 Not well healed, or aggregating more than a circle 3/4 inch in diameter. Aggregating more than 25 percent of the surface. Aggregating more than 25 percent of the surface. Aggregating more than 25 percent of the surface Split is unhealed or fruit is seriously weakened. Aggregating more than 25 percent of the surface. FDA is reopening the comment period only on the proposed agency information collection activity to allow interested persons additional time to submit comments on this form. FDA is reopening the comment period on the agency information collection activity contained in the proposed rule published in the Federal Register of September 25, 2019 (84 FR 50566). Submit either electronic or written comments by April 9, 2020. DATES: To ensure that comments on the information collection are received, OMB recommends that written comments be faxed to the Office of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, Fax: 202– 395–7285, or emailed to oira_ submission@omb.eop.gov. All comments should be identified with the OMB control number 0910–0879 and title ‘‘Premarket Tobacco Product Applications and Recordkeeping ADDRESSES: E:\FR\FM\10MRP1.SGM 10MRP1

Agencies

[Federal Register Volume 85, Number 47 (Tuesday, March 10, 2020)]
[Proposed Rules]
[Pages 13833-13840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04368]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 51

[Document Number AMS-SC-17-0076, SC-18-327]


U.S. Standards for Grades of Grapefruit (Texas and States Other 
Than Florida, California, and Arizona), and U.S. Standards for Grades 
of Oranges (Texas and States Other Than Florida, California, and 
Arizona)

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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SUMMARY: The Agricultural Marketing Service (AMS) proposes to revise 
the U.S. Standards for Grades of Grapefruit (Texas and States other 
than Florida, California, and Arizona) and the U.S. Standards for 
Grades of Oranges (Texas and States other than Florida, California, and 
Arizona). The revision would convert the Acceptable Quality Level (AQL) 
tables from showing the acceptable number of allowable defective fruit 
in each grade to showing the percentage of defects permitted in each 
grade; revise the minimum sample size to 25 fruit; update size 
classifications; remove references to Temple oranges from the orange 
standards for grade; and more closely align terminology in both grade 
standards with Florida and California citrus standards.

DATES: Comments must be submitted on or before May 11, 2020.

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: Olivia L. Banks at the address above, 
or by phone (540) 361-1120; fax (540) 361-1199; or, email 
[email protected]. Copies of the proposed U.S. Standards for Grades 
of Grapefruit (Texas and States other than Florida, California, and 
Arizona) and U.S. Standards for Grades of Oranges (Texas and States 
other than Florida, California, and Arizona) may be viewed at http://www.regulations.gov. Copies of the current U.S. Standards for Grades of 
Grapefruit (Texas and States other than Florida, California, and 
Arizona) and U.S. Standards for Grades of Oranges (Texas and States 
other than Florida, California, and Arizona) are available on the AMS 
website at https://www.ams.usda.gov/grades-standards/fruits.

SUPPLEMENTARY INFORMATION: The proposed changes would convert the AQL 
tables in the U.S. Standards for Grades of Grapefruit (Texas and States 
other than Florida, California, and Arizona) and the U.S. Standards for 
Grades of Oranges (Texas and States other than Florida, California, and 
Arizona) from showing the acceptable number of allowable defective 
fruit in each grade to showing the percentage of defects permitted in 
each grade, revise minimum sample size to 25 fruit, update size 
classifications, remove reference to Temple orange in the orange 
standards for grade and more closely align terminology in both grade 
standards with Florida and California citrus standards. These revisions 
also affect the grade requirements under the marketing order (Order) 
Oranges and Grapefruit Grown in Lower Rio Grande Valley in Texas, 7 CFR 
part 906, issued under the Agricultural Marketing Agreement Act of 1937 
(7 U.S.C. 601-674) and applicable imports.

Executive Orders 12866, 13771, and 13563

    This proposed rule is not expected to be an Executive Order 13771 
regulatory action because it 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 proposed 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 proposed 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. 
On September 20, 2016, AMS received a request from the Texas Valley 
Citrus Committee (TVCC) to modernize the language of and clarify the 
Texas citrus standards by removing outdated AQL tables. The standards 
were last revised in September 2003. AMS worked closely with the TVCC 
throughout the development of the proposed revisions, soliciting their 
comments and suggestions about the standards through discussion drafts 
that outlined the conversion from AQL tables to a defined percentage of 
defects permitted in each grade. The proposed percentages correspond to 
those currently allowed in the AQL tables and more closely align with 
California and Florida orange and grapefruit standards.
    Additional proposed revisions to the Texas grapefruit standard 
include adding size 64 to the size classifications to align with sizes 
in the Order; changing the minimum sample size from 33 to 25 fruit; and 
changing the scoring basis for defects from a 70-size fruit to a 4\1/
8\-inch grapefruit. Proposed revisions to the Texas orange standard 
also include adding size 163 to the size classifications to align with 
sizes in the Order; changing the minimum sample size from 50 to 25 
fruit; changing the scoring basis for defects from a 200-size fruit to 
a 2\7/8\-inch orange; and removing Temple oranges from the standard.
    AMS also conducted a grapefruit shape survey with the TVCC to 
identify areas of the standards for revision in

[[Page 13834]]

order to more closely align the Texas citrus standards with those of 
Florida and California. On May 23, 2018, AMS met with the TVCC to 
review the proposed revisions. These efforts culminated with the TVCC 
submitting a petition to AMS on June 12, 2018 to revise the U.S. 
standards for Texas oranges and grapefruit as discussed and approved at 
the May 2018 meeting.
    This rule proposes several changes in the U.S. standards. The chart 
below shows the requirements of the current standards, the proposed 
changes, and the rationale for each change. The first chart covers the 
U.S. Standards for Grades of Grapefruit (Texas and States other than 
Florida, California, and Arizona) and the second chart covers the U.S. 
Standards for Grades of Oranges (Texas and States other than Florida, 
California, and Arizona).
    The proposed revisions more closely align terminology related to 
defects and grade requirements with the Florida citrus grade standards 
as requested by the TVCC and align the standards with current industry 
practices.

Regulatory Flexibility Analysis

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA) (5 U.S.C. 601-612), AMS has considered the economic impact of 
this proposed rule on small entities. Accordingly, AMS has prepared 
this initial regulatory flexibility analysis.
    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.
    This rule will revise the U.S. Standards for Grades of Grapefruit 
(Texas and States other than Florida, California, and Arizona) and U.S. 
Standards for Grades of Oranges (Texas and States other than Florida, 
California, and Arizona) that were issued under the Agricultural 
Marketing Act of 1946. Standards issued under the 1946 Act are 
voluntary.
    There are approximately 170 producers of grapefruit and oranges in 
the production area and 14 handlers subject to regulation under the 
Order. Small agricultural producers are defined by the Small Business 
Administration (SBA) as those having annual receipts less than 
$1,000,000, and small agricultural service firms are defined as those 
whose annual receipts are less than $30,000,000 (13 CFR 121.201).
    According to Texas Valley Citrus Committee (TVCC) data, the average 
price for Texas citrus during the 2017-18 season prices ranged from 
$11.10 to $33.35 per carton. The average price was $22.23 per carton 
($11.10 plus $33.35 equals $44.45, divided by 2 equals $22.23 per 
carton) and total shipments were 7.9 million cartons. Using the average 
price, shipment information, and number of handlers, and assuming a 
normal distribution, the majority of handlers would have average annual 
receipts of less than $30,000,000 ($22.23 per carton times 7.9 million 
cartons equals $175.6 million, divided by 14 equals $12.5 million per 
handler).
    In addition, based on National Agricultural Statistics Service 
information, the average Free on Board (f.o.b.) price for Texas citrus 
during the 2018-19 season was approximately $35.05 per carton. Using 
the average f.o.b. price, shipment information, and the number of 
producers, and assuming a normal distribution, the majority of 
producers would have annual receipts of $1.6 million, which is more 
than $1,000,000 ($35.05 per carton times 7.9 million cartons equals 
$276.9 million, divided by 170 equals $1.6 million per producer). Thus, 
the majority of producers of Texas citrus may be classified as large 
entities, while the majority of handlers of Texas citrus may be 
classified as small entities.
    This proposed rule would convert the AQL Tables from showing the 
acceptable number of allowable defective fruit in each grade to a 
percentage of defects permitted in each grade, revise minimum sample 
size to 25 fruit, update size classifications, remove references to 
Temple orange from the orange standards for grade, and more closely 
align terminology in both standards for grade with Florida and 
California citrus standards.
    This proposed action would make the standards more consistent with 
current marketing trends and practices. This proposed action will not 
impose any additional reporting or recordkeeping requirements on small 
or large orange or grapefruit producers or handlers. USDA has not 
identified any Federal rules that duplicate, overlap, or conflict with 
this rule. However, there are marketing programs that regulate the 
handling of oranges and grapefruit under 7 CFR part 906. Oranges and 
grapefruit subject to the Order must meet certain requirements set 
forth in the grade standards for oranges and grapefruit.
    A 60-day comment period is provided for interested persons to 
submit comments on the proposed revised grade standards. Copies of the 
proposed revised standards are available at http://www.regulations.gov. 
After the 60-day comment period, AMS will move forward in accordance 
with 7 CFR 36.3(a).

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--FRESH FRUITS, VEGETABLES AND OTHER PRODUCTS (INSPECTION, 
CERTIFICATION, AND STANDARDS)

0
1. The authority citation for part 51 continues to read as follows:

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

0
2. Revise the subpart heading ``Subpart-United States Standards for 
Grades of Grapefruit (Texas and States Other than Florida, California, 
and Arizona)'' to read as follows:

Application of Tolerances

0
3. Revise Sec.  51.620 to read as follows:


Sec.  51.620  U.S. Fancy.

    ``U.S. Fancy'' consists of grapefruit which meet the following 
requirements:
    (a) Basic requirements:
    (1) Discoloration: Not more than one-tenth of the surface, in the 
aggregate, may be affected by discoloration. (See Sec.  51.638.);
    (2) Firm;
    (3) Mature;
    (4) Similar varietal characteristics;
    (5) Smooth texture;
    (6) Well formed; and
    (7) Well colored.
    (b) Free from:
    (1) Ammoniation;
    (2) Bruises;
    (3) Buckskin;
    (4) Decay;
    (5) Growth cracks;
    (6) Scab;
    (7) Skin breakdown;
    (8) Sprayburn;
    (9) Unhealed skin breaks; and
    (10) Wormy fruit.
    (c) Free from injury caused by:
    (1) Green spots;
    (2) Hail;
    (3) Oil spots;
    (4) Scale;
    (5) Scars; and
    (6) Thorn scratches.
    (d) Free from damage caused by:
    (1) Dryness or mushy condition;
    (2) Insects;
    (3) Sprouting;
    (4) Sunburn; and
    (5) Other means.
    (e) For tolerances see Sec.  51.628.
0
4. Revise Sec.  51.621 to read as follows:


Sec.  51.621  U.S. No. 1.

    ``U.S. No. 1'' consists of grapefruit which meet the following 
requirements:

[[Page 13835]]

    (a) Basic requirements:
    (1) Discoloration: Not more than one-half of the surface, in the 
aggregate, may be affected by discoloration. (See Sec.  51.638.);
    (2) Fairly smooth texture;
    (3) Fairly well colored;
    (4) Fairly well formed;
    (5) Firm;
    (6) Mature; and
    (7) Similar varietal characteristics.
    (b) Free from:
    (1) Bruises;
    (2) Caked melanose;
    (3) Decay;
    (4) Growth cracks;
    (5) Sprayburn;
    (6) Unhealed skin breaks; and
    (7) Wormy fruit.
    (c) Free from damage caused by:
    (1) Ammoniation;
    (2) Buckskin;
    (3) Caked melanose;
    (4) Dryness or mushy condition;
    (5) Green spots;
    (6) Hail;
    (7) Oil spots;
    (8) Scab;
    (9) Scale;
    (10) Scars;
    (11) Skin breakdown;
    (12) Sprayburn;
    (13) Sprouting;
    (14) Sunburn;
    (15) Thorn scratches; and
    (16) Other means.
    (d) For tolerances see Sec.  51.628.
0
5. Revise Sec.  51.623 to read as follows:


Sec.  51.623  U.S. No. 1 Bronze.

    The requirements for this grade are the same as for U.S. No. 1 
except that all fruit must show some discoloration and at least 10 
percent, by count, of the fruit shall have more than one-half of their 
surface, in the aggregate, affected by discoloration. The predominating 
discoloration on each of these fruits shall be of rust mite type. For 
tolerances see Sec.  51.628.
0
6. Revise Sec.  51.624 to read as follows:


Sec.  51.624  U.S. Combination.

    ``U.S. Combination'' consists of a combination of U.S. No. 1 and 
U.S. No. 2 grapefruit: Provided, That at least 55 percent, by count, 
meet the requirements of U.S. No. 1 grade for defects, And provided 
further, That the lot meets the basic requirement for discoloration as 
specified in the U.S. No. 2 grade. For tolerances see Sec.  51.628.
0
7. Revise Sec.  51.625 to read as follows:


Sec.  51.625  U.S. No. 2.

    ``U.S. No. 2'' consists of grapefruit which meet the following 
requirements:
    (a) Basic requirements:
    (1) Discoloration: Not more than two-thirds of the surface, in the 
aggregate, may be affected by discoloration. (See Sec.  51.638.);
    (2) Fairly firm;
    (3) Mature;
    (4) Not more than slightly misshapen;
    (5) Not more than slightly rough texture;
    (6) Slightly colored; and
    (7) Similar varietal characteristics.
    (b) Free from:
    (1) Bruises;
    (2) Decay;
    (3) Growth cracks;
    (4) Unhealed skin breaks; and
    (5) Wormy fruit.
    (c) Free from serious damaged caused by:
    (1) Ammoniation;
    (2) Buckskin;
    (3) Caked melanose;
    (4) Dryness or mushy condition;
    (5) Green spots;
    (6) Hail;
    (7) Oil spots;
    (8) Scab;
    (9) Scale;
    (10) Scars;
    (11) Skin breakdown;
    (12) Sprayburn;
    (13) Sprouting;
    (14) Sunburn;
    (15) Thorn scratches; and
    (16) Other means.
    (d) For tolerances see Sec.  51.628.
0
8. Revise Sec.  51.626 to read as follows:


Sec.  51.626  U.S. No. 2 Russet.

    The requirements for this grade are the same as for U.S. No. 2 
except that at least 10 percent of the fruit shall have more than two-
thirds of their surface, in the aggregate, affected by any type of 
discoloration. For tolerances see Sec.  51.628.
0
9. Revise Sec.  51.627 to read as follows:


Sec.  51.627  U.S. No. 3.

    ``U.S. No. 3'' consists of grapefruit which meet the following 
requirements:
    (a) Basic requirements:
    (1) Mature;
    (2) May be misshapen;
    (3) May be slightly spongy;
    (4) May have rough texture;
    (5) May be poorly colored. Not more than 25 percent of the surface 
may be of a solid dark green color;
    (6) Not seriously lumpy or cracked; and
    (7) Similar varietal characteristics.
    (b) Free from:
    (1) Decay;
    (2) Unhealed skin breaks; and
    (3) Wormy fruit.
    (c) Free from very serious damage caused by:
    (1) Ammoniation;
    (2) Buckskin;
    (3) Caked melanose;
    (4) Dryness or mushy condition;
    (5) Green spots;
    (6) Hail;
    (7) Oil spots;
    (8) Scab;
    (9) Scale;
    (10) Scars;
    (11) Skin breakdown;
    (12) Sprayburn;
    (13) Sprouting;
    (14) Sunburn;
    (15) Thorn scratches; and
    (16) Other means.
    (d) For tolerances see Sec.  51.628.
0
10. Revise Sec.  51.628 to read as follows:


Sec.  51.628  Tolerances.

    In order to allow for variations incident to proper grading and 
handling in each of the foregoing grades, the following tolerances, by 
count, based on a minimum 25 count sample, are provided as specified. 
No tolerance shall apply to wormy fruit.
    (a) Defects--(1) U.S. Fancy, U.S. No. 1, U.S. No. 1 Bright, U.S. 
No. 1 Bronze, U.S. No. 2, and U.S. No. 2 Russet--(i) For defects at 
shipping point.\1\ Not more than 10 percent of the fruit in any lot may 
fail to meet the requirements of the specified grade: Provided, That 
included in this amount not more than 5 percent shall be allowed for 
defects causing very serious damage, including in this latter amount 
not more than 1 percent for decay.
    (ii) For defects en route or at destination. Not more than 12 
percent of the fruit in any lot may fail to meet the requirements of 
the specified grade: Provided, That included in this amount not more 
than the following percentages shall be allowed for defects listed:
    (A) 10 percent for fruit having permanent defects; or
    (B) 7 percent for defects causing very serious damage, including 
therein not more than 5 percent for very serious damage by permanent 
defects and not more than 3 percent for decay.
    (2) U.S. Combination--(i) For defects at shipping point.\1\ Not 
more than 10 percent of the fruit in any lot may fail to meet the 
requirements of the U.S. No. 2 grade: Provided, That included in this 
amount not more than 5 percent shall be allowed for defects causing 
very serious damage, included in this latter amount not more than 1 
percent for decay.
    (ii) For defects en route or at destination. Not more than 12 
percent the fruit in any lot may fail to meet the requirements of the 
U.S. No. 2 grade: Provided, That included in this amount not more than 
the following percentages shall be allowed for defects listed:
    (A) 10 percent for fruit having permanent defects; or
    (B) 7 percent for defects causing very serious damage, including 
therein not

[[Page 13836]]

more than 5 percent for very serious damage by permanent defects and 
not more than 3 percent for decay.
    (iii) For defects at shipping point \1\ and en route or at 
destination. No part of any tolerance shall be allowed to reduce, for 
the lot as a whole, the 55 percent of U.S. No. 1 fruit required in the 
U.S. Combination grade, but individual samples may have not more than 
15 percent less than the required percentage for the grade: Provided, 
That the entire lot averages within the percentage required.
    (3) U.S. No.3--(i) For defects at shipping point.\1\ Not more than 
10 percent of the fruit in any lot may fail to meet the requirements of 
the grade: Provided, That included in this amount not more than 1 
percent for decay.
    (ii) For defects en route or at destination. Not more than 12 
percent of the fruit in any lot may fail to meet the requirements of 
the grade: Provided, That included in this amount not more than the 
following percentages shall be allowed for defects listed:
    (A) 10 percent for fruit having permanent defects; or
    (B) 3 percent for decay.
    (b) Discoloration--(1) U.S. No. 1, U.S. No. 1 Bright, U.S. 
Combination, and U.S. No. 2. Not more than 10 percent of the fruit in 
any lot may fail to meet the requirements relating to discoloration as 
specified in each grade; No sample may have more than 20 percent of the 
fruit with excessive discoloration: Provided, That the entire lot 
averages within the percentage specified.
    (2) U.S. No. 1 Bronze. At least 10 percent of the fruit shall have 
more than one-half of the surface, in the aggregate, affected by 
discoloration, and no part of any tolerance shall be allowed to reduce 
this percentage: Provided, That the entire lot averages within the 
percentage specified. No tolerance is provided for fruit showing no 
discoloration.
    (3) U.S. No. 2 Russet. At least 10 percent of the fruit shall have 
more than two-thirds of the surface, in the aggregate, affected by 
discoloration, and no part of any tolerance shall be allowed to reduce 
this percentage: Provided, That the entire lot averages within the 
percentage specified.

\1\ Shipping point, as used in these standards, means the point of 
origin of the shipment in the producing area or at port of loading 
for ship stores or overseas shipment, or, in the case of shipments 
from outside the continental United States, the port of entry into 
the United States.

0
11. Revise the undesignated center heading before Sec.  51.629 ``SAMPLE 
FOR GRADE OR SIZE DETERMINATION'' to read as follows:

Application of Tolerances

0
12. Revise Sec.  51.629 to read as follows:


Sec.  51.629  Application of tolerances.

    Individual samples are subject to the following limitations, unless 
otherwise specified in Sec.  51.628. Individual samples shall have not 
more than one and one-half times a specified tolerance of 10 percent or 
more, and not more than double a specified tolerance of less than 10 
percent: Provided, That at least one decayed fruit may be permitted in 
any sample: And provided further, That the averages for the entire lot 
are within the tolerances specified for the grade.
0
13. Revise Sec.  51.630 to read as follows:


Sec.  51.630  Standard pack.

    (a) Fruits shall be fairly uniform in size, unless specified as 
uniform in size. When packed in approved containers, fruit shall be 
arranged according to approved and recognized methods.
    (b) ``Fairly uniform in size'' means that not more than 10 percent 
of fruit in any lot, and not more than double that amount in any 
sample, are outside the ranges of diameters given in Table 1 to this 
section:

              Table 1 to Sec.   51.630--7/10 Bushel Carton
------------------------------------------------------------------------
                                                     Diameter in inches
          Pack size/number of grapefruit           ---------------------
                                                     Minimum    Maximum
------------------------------------------------------------------------
18................................................    4-15/16     5-9/16
23................................................     4-5/16          5
27................................................     4-2/16    4-12/16
32................................................    3-15/16     4-8/16
36................................................    3-13/16     4-5/16
40................................................    3-10/16     4-2/16
48................................................     3-9/16    3-14/16
56................................................     3-5/16    3-10/16
64................................................          3     3-8/16
------------------------------------------------------------------------

    (c) ``Uniform in size'' means that not more than 10 percent of 
fruit in any lot, and not more than double that amount in any sample, 
may vary more than the following amounts:
    (1) 32 size and smaller--not more than six-sixteenths inch in 
diameter; and
    (2) 27 size and larger--not more than nine-sixteenths inch in 
diameter.
    (d) In order to allow for variations, other than sizing, incident 
to proper packing, not more than 5 percent of the packages in any lot 
may fail to meet the requirements of standard pack.
0
14. Revise Sec.  51.637 to read as follows:


Sec.  51.637  Injury.

    Injury means any specific defect described in Table 1 to Sec.  
51.652; or an equally objectionable variation of any one of these 
defects, any other defect, or any combination of defects, which 
slightly detracts from the appearance, or the edible or marketing 
quality of the fruit.
0
15. Revise Sec.  51.642 to read as follows:


Sec.  51.642  Damage.

    Damage means any specific defect described in Table 1 to Sec.  
51.652; or an equally objectionable variation of any one of these 
defects, any other defect, or any combination of defects, which 
materially detracts from the appearance, or the edible or marketing 
quality of the fruit.
0
16. Revise Sec.  51.646 to read as follows:


Sec.  51.646  Serious damage.

    Serious damage means any specific defect described in Table 1 to 
Sec.  51.652; or an equally objectionable variation of any one of these 
defects, any other defect, or any combination of defects, which 
seriously detracts from the appearance, or the edible or marketing 
quality of the fruit.
0
17. Revise Sec.  51.650 to read as follows:


Sec.  51.650  Very serious damage.

    Very serious damage means any specific defect described in Table 1 
to Sec.  51.652; or an equally objectionable variation of any one of 
these defects, any other defect, or any combination of defects, which 
very seriously detracts from the appearance, or the edible or marketing 
quality of the fruit.
0
18. Revise Sec.  51.652 to read as follows:


Sec.  51.652  Classification of defects.

    All references to area or aggregate area, or length in this 
standard are based on a grapefruit 4\1/8\ inches in diameter, allowing 
proportionately greater areas on larger fruit and lesser areas on 
smaller fruit.

                                            Table 1 to Sec.   51.652
----------------------------------------------------------------------------------------------------------------
                                                                                                 Very serious
             Factor                     Injury              Damage          Serious damage          damage
----------------------------------------------------------------------------------------------------------------
Ammoniation.....................  ..................  Not occurring as    Scars are cracked   Aggregating more
                                                       light speck type.   or dark and         than 25 percent
                                                                           aggregating more    of the surface.
                                                                           than a circle \3/
                                                                           4\ inch in
                                                                           diameter.

[[Page 13837]]

 
Buckskin........................  ..................  Aggregating more    Aggregating more    Aggregating more
                                                       than a circle 1\1/  than 25 percent     than 50 percent
                                                       4\ inches in        of the surface.     of the surface.
                                                       diameter.
Caked melanose..................  ..................  ..................  Aggregating more    Aggregating more
                                                                           than a circle 1     than 25 percent
                                                                           inch in diameter.   of the surface.
Dryness or mushy condition......  ..................  Affecting all       Affecting all       Affecting all
                                                       segments more       segments more       segments more
                                                       than \1/4\ inch     than \1/2\ inch     than \3/4\ inch
                                                       at stem end, or     at stem end, or     at stem end, or
                                                       the equivalent of   the equivalent of   the equivalent of
                                                       this amount, by     this amount, by     this amount, by
                                                       volume, when        volume, when        volume, when
                                                       occurring in        occurring in        occurring in
                                                       other portions of   other portions of   other portions of
                                                       the fruit.          the fruit.          the fruit.
Green spots or oil spots........  More than slightly  Aggregating more    Aggregating more    ..................
                                   affecting           than a circle 1     than a circle 1\1/
                                   appearance.         inch in diameter.   2\ inches in
                                                                           diameter.
Hail............................  Not well healed,    Not well healed,    Not well healed,    Not well healed,
                                   or aggregating      or aggregating      or aggregating      or aggregating
                                   more than a         more than a         more than a         more than a
                                   circle \3/8\ inch   circle \1/2\ inch   circle \5/8\ inch   circle 1 inch in
                                   in diameter.        in diameter.        in diameter.        diameter.
Scab............................  ..................  Materially          Seriously detracts  Aggregating more
                                                       detracts from the   from the shape or   than 25 percent
                                                       shape or texture,   texture, or         of the surface.
                                                       or aggregating      aggregating more
                                                       more than a         than a circle 1
                                                       circle \3/4\ inch   inch in diameter.
                                                       in diameter.
Scale...........................  More than a few     Blotch aggregating  Blotch aggregating  Aggregating more
                                   adjacent to the     more than a         more than a         than 25 percent
                                   ``button'' at the   circle \3/4\ inch   circle 1 inch in    of the surface.
                                   stem end, or more   in diameter, or     diameter, or
                                   than 6 scattered    occurring as a      occurring as a
                                   on other portions   ring more than a    ring more than a
                                   of the fruit.       circle 1\1/4\       circle 1\1/2\
                                                       inches in           inches in
                                                       diameter.           diameter.
Scars...........................  Depressed, not      Very deep or very   Very deep or very   Very deep or very
                                   smooth, or          rough aggregating   rough aggregating   rough or
                                   detracts from       more than a         more than a         unsightly that
                                   appearance more     circle \1/2\ inch   circle 1 inch in    appearance is
                                   than the amount     in diameter; deep   diameter; deep or   very seriously
                                   of discoloration    or rough            rough aggregating   affected.
                                   permitted in the    aggregating more    more than 5
                                   grade.              than 1 inch in      percent of the
                                                       diameter;           fruit surface;
                                                       slightly rough or   slight depth or
                                                       of slight depth     slightly rough
                                                       aggregating more    aggregating more
                                                       than 10 percent     than 15 percent
                                                       of surface.         of surface.
Skin Breakdown..................  ..................  Aggregating more    Aggregating more    Aggregating more
                                                       than a circle \3/   than a circle \5/   than a circle 1\1/
                                                       8\ inch in          8\ inch in          4\ inches in
                                                       diameter.           diameter.           diameter.
Sprayburn.......................  ..................  ..................  Hard or             Aggregating more
                                                                           aggregating more    than 25 percent
                                                                           than a circle 1\1/  of the surface.
                                                                           4\ inches in
                                                                           diameter.
Sprouting.......................  ..................  More than 6 seeds   More than 6 seeds   More than 6 seeds
                                                       are sprouted,       are sprouted,       are sprouted,
                                                       including not       including not       including not
                                                       more than 1         more than 2         more than 3
                                                       sprout extending    sprouts extending   sprouts extending
                                                       to the rind,        to the rind,        to the rind,
                                                       remainder average   remainder average   remainder average
                                                       not over \1/4\      not over \1/2\      not over \3/4\
                                                       inch in length.     inch in length.     inch in length.
Sunburn.........................  ..................  Skin is flattened,  Skin is hard,       Aggregating more
                                                       dry, darkened, or   fruit is            than 50 percent
                                                       hard, aggregating   decidedly one-      of fruit surface.
                                                       more than 25        sided,
                                                       percent of          aggregating more
                                                       surface.            than one-third of
                                                                           surface.
Thorn scratches.................  Not well healed,    Not well healed,    Not well healed,    Aggregating more
                                   or more unsightly   hard concentrated   hard concentrated   than 25 percent
                                   than                thorn injury        thorn injury        of the surface.
                                   discoloration       aggregating more    aggregating more
                                   permitted in the    than a circle \3/   than a circle \7/
                                   grade.              4\ inch in          8\ inch in
                                                       diameter, or        diameter, or
                                                       slight scratches    slight scratches
                                                       aggregating more    aggregating more
                                                       than a circle 1     than a circle 1\1/
                                                       inch in diameter.   4\ inches in
                                                                           diameter.
----------------------------------------------------------------------------------------------------------------

0
19. Revise the heading of Subpart--United States Standards for Grades 
of Oranges (Texas and States Other than Florida, California, and 
Arizona) to read as follows:

Application of Tolerances

0
20. Revise Sec.  51.681 to read as follows:


Sec.  51.681  U.S. Fancy.

    ``U.S. Fancy'' consists of oranges which meet the following 
requirements:
    (a) Basic requirements:
    (1) Discoloration: Not more than one-tenth of the surface, in the 
aggregate, may be affected by discoloration. (See Sec.  51.700.);
    (2) Firm;
    (3) Mature;
    (4) Similar varietal characteristics;
    (5) Smooth texture;
    (6) Well colored; and
    (7) Well formed.
    (b) Free from:
    (1) Ammoniation;
    (2) Bruises;
    (3) Buckskin;
    (4) Caked melanose;
    (5) Creasing;
    (6) Decay;
    (7) Growth cracks;
    (8) Scab;
    (9) Skin breakdown;
    (10) Sprayburn;
    (11) Undeveloped segments;
    (12) Unhealed skin breaks; and
    (13) Wormy fruit.
    (c) Free from injury caused by:
    (1) Green spots;
    (2) Hail;
    (3) Oil spots;
    (4) Rough, wide or protruding navels;
    (5) Scale;
    (6) Scars;
    (7) Split navels; and
    (8) Thorn scratches.
    (d) Free from damage caused by:
    (1) Dirt or other foreign material;
    (2) Disease;
    (3) Dryness or mushy condition;
    (4) Insects;
    (5) Sunburn; and
    (6) Other means.
    (e) For tolerances see Sec.  51.689.
0
21. Revise Sec.  51.682 to read as follows:


Sec.  51.682  U.S. No. 1.

    ``U.S. No. 1'' consists of oranges which meet the following 
requirements:
    (a) Basic requirements:
    (1) Color:
    (i) Early and midseason varieties shall be fairly well colored.
    (ii) For Valencia and other late varieties, not less than 50 
percent, by count, shall be fairly well colored and the remainder 
reasonably well colored.
    (2) Discoloration: Not more than one-third of the surface, in the 
aggregate, may be affected by discoloration. (See Sec.  51.700.);
    (3) Firm;
    (4) Fairly smooth texture;
    (5) Mature;
    (6) Similar varietal characteristics; and
    (7) Well formed.

[[Page 13838]]

    (b) Free from:
    (1) Bruises;
    (2) Caked melanose;
    (3) Decay;
    (4) Growth cracks;
    (5) Sprayburn;
    (6) Undeveloped segments;
    (7) Unhealed skin breaks; and
    (8) Wormy fruit.
    (c) Free from damage caused by:
    (1) Ammoniation;
    (2) Buckskin;
    (3) Creasing;
    (4) Dirt or other foreign material;
    (5) Disease;
    (6) Dryness or mushy condition;
    (7) Green spots;
    (8) Hail;
    (9) Insects;
    (10) Oil spots;
    (11) Scab;
    (12) Scale;
    (13) Scars;
    (14) Skin breakdown;
    (15) Split, rough or protruding navels;
    (16) Sunburn;
    (17) Thorn scratches; and
    (18) Other means.
    (d) For tolerances see Sec.  51.689.
0
22. Revise Sec.  51.684 to read as follows:


Sec.  51.684  U.S. No. 1 Bronze.

    The requirements for this grade are the same as for U.S. No. 1 
except that all fruit must show some discoloration and at least 10 
percent, by count, of the fruit shall have more than one-third of their 
surface, in the aggregate, affected by discoloration. The predominating 
discoloration on these fruits shall be of rust mite type. For 
tolerances see Sec.  51.689.
0
23. Revise Sec.  51.685 to read as follows:


Sec.  51.685  U.S. Combination.

    ``U.S. Combination'' consists of a combination of U.S. No. 1 and 
U.S. No. 2 oranges: Provided, That at least 55 percent, by count, meet 
the requirements of U.S. No. 1 grade for defects, And provided further, 
That the lot meets the basic requirement for discoloration as specified 
in the U.S. No. 2 grade. For tolerances see Sec.  51.689.
0
24. Revise Sec.  51.686 to read as follows:


Sec.  51.686  U.S. No. 2.

    ``U.S. No. 2'' consists of oranges which meet the following 
requirements:
    (a) Basic requirements:
    (1) Discoloration: Not more than one-half of the surface, in the 
aggregate, may be affected by discoloration. (See Sec.  51.700.);
    (2) Fairly firm;
    (3) Mature;
    (4) Not more than slightly misshapen;
    (5) Not more than slightly rough texture;
    (6) Reasonably well colored; and
    (7) Similar varietal characteristics.
    (b) Free from:
    (1) Bruises;
    (2) Decay;
    (3) Growth cracks;
    (4) Unhealed skin breaks; and
    (5) Wormy fruit.
    (c) Free from serious damaged caused by:
    (1) Ammoniation;
    (2) Buckskin;
    (3) Caked melanose;
    (4) Creasing;
    (5) Dirt or other foreign material;
    (6) Disease;
    (7) Dryness or mushy condition;
    (8) Green spots;
    (9) Hail;
    (10) Insects;
    (11) Oil spots;
    (12) Scab;
    (13) Scale;
    (14) Scars;
    (15) Skin breakdown;
    (16) Split, rough or protruding navels;
    (17) Sprayburn;
    (18) Sunburn;
    (19) Thorn scratches; and
    (20) Other means.
    (d) For tolerances see Sec.  51.689.
0
25. Revise Sec.  51.687 to read as follows:


Sec.  51.687  U.S. No. 2 Russet.

    The requirements for this grade are the same as for U.S. No. 2 
except that at least 10 percent by count of the fruit shall have more 
than one-half of their surface, in the aggregate, affected by any type 
of discoloration. For tolerances see Sec.  51.689.
0
26. Revise Sec.  51.688 to read as follows:


Sec.  51.688  U.S. No. 3.

    ``U.S. No. 3'' consists of oranges which meet the following 
requirements:
    (a) Basic requirements:
    (1) Mature;
    (2) May be misshapen;
    (3) May be poorly colored. Not more than 25 percent of the surface 
may be of a solid dark green color;
    (4) May be slightly spongy;
    (5) May have rough texture;
    (6) Not seriously lumpy or cracked; and
    (7) Similar varietal characteristics.
    (b) Free from:
    (1) Decay;
    (2) Unhealed skin breaks; and
    (3) Wormy fruit.
    (c) Free from very serious damage caused by other means.
    (d) For tolerances see Sec.  51.689.
0
27. Revise Sec.  51.689 to read as follows.


Sec.  51.689  Tolerances.

    In order to allow for variations incident to proper grading and 
handling in each of the foregoing grades, the following tolerances, by 
count, based on a minimum 25 count sample, are provided as specified. 
No tolerance shall apply to wormy fruit.
    (a) Defects--(1) U.S. Fancy, U.S. No. 1, U.S. No. 1 Bright, U.S. 
No. 1 Bronze, U.S. No. 2, and U.S. No. 2 Russet Grades--(i) For defects 
at shipping point.\1\ Not more than 10 percent of the fruit in any lot 
may fail to meet the requirements of the specified grade: Provided, 
That included in this amount not more than 5 percent shall be allowed 
for defects causing very serious damage, including in this latter 
amount not more than 1 percent for decay.
    (ii) For defects en route or at destination. Not more than 12 
percent of the fruit in any lot may fail to meet the requirements of 
the specified grade: Provided, That included in this amount not more 
than the following percentages shall be allowed for defects listed:
    (A) 10 percent for fruit having permanent defects; or
    (B) 7 percent for defects causing very serious damage, including 
therein not more than 5 percent for very serious damage by permanent 
defects and not more than 3 percent for decay.
    (2) U.S. Combination--(i) For defects at shipping point.\1\ Not 
more than 10 percent of the fruit in any lot may fail to meet the 
requirements of the U.S. No. 2 grade: Provided, That included in this 
amount not more than 5 percent shall be allowed for defects causing 
very serious damage, including in this latter amount not more than 1 
percent for decay.
    (ii) For defects en route or at destination. Not more than 12 
percent of the fruit in any lot may fail to meet the requirements of 
the U.S. No. 2 grade: Provided, That included in this amount not more 
than the following percentages shall be allowed for defects listed:
    (A) 10 percent for fruit having permanent defects; or
    (B) 7 percent for defects causing very serious damage, including 
therein not more than 5 percent for very serious damage by permanent 
defects and not more than 3 percent for decay.
    (iii) For defects at shipping point \1\ and en route or at 
destination. No part of any tolerance shall be allowed to reduce for 
the lot as a whole, the 55 percent of U.S. No. 1 fruit required in the 
U.S. Combination grade, but individual samples may have not more than 
15 percent less than the required percentage for the grade: Provided, 
That the entire lot averages within the percentage required.
    (3) U.S. No. 3--(i) For defects at shipping point.\1\ Not more than 
10 percent of the fruit in any lot may fail to meet the requirements of 
the grade:

[[Page 13839]]

Provided, That included in this amount not more than 1 percent for 
decay.
    (ii) For defects en route or at destination. Not more than 12 
percent of the fruit in any lot may fail to meet the requirements of 
the grade: Provided, That included in this amount not more than the 
following percentages shall be allowed for defects listed:
    (A) 10 percent for fruit having permanent defects; or
    (B) 3 percent for decay.
    (b) Discoloration--(1) U.S. No. 1, U.S. No. 1 Bright, U.S. 
Combination, and U.S. No. 2. Not more than 10 percent of the fruit in 
any lot may fail to meet the requirements relating to discoloration as 
specified in each grade. No sample may have more than 20 percent of the 
fruit with excessive discoloration: Provided, That the entire lot 
averages within the percentage specified.
    (2) U.S. No. 1 Bronze. At least 10 percent of the fruit shall have 
more than one-third of the surface, in the aggregate, affected by 
discoloration, and no part of any tolerance shall be allowed to reduce 
this percentage. No sample may have less than 5 percent of the fruit 
with required discoloration: Provided, That the entire lot averages 
within the percentage specified. No tolerance shall apply to fruit 
showing no discoloration.
    (3) U.S. No. 2 Russet. At least 10 percent of the fruit shall have 
more than one-half of the surface, in the aggregate, affected by 
discoloration, and no part of any tolerance shall be allowed to reduce 
this percentage. No sample may have less than 5 percent of the fruit 
with the required discoloration: Provided, That the entire lot averages 
within the percentage specified.

\1\ Shipping point, as used in these standards, means the point of 
origin of the shipment in the producing area or at port of loading 
for ship stores or overseas shipment, or, in the case of shipments 
from outside the continental United States, the port of entry into 
the United States.

0
28. Revise undesignated center heading ``SAMPLE FOR GRADE OR SIZE 
DETERMINATION'' before Sec.  51.690 to read as follows:

APPLICATION OF TOLERANCES

0
29. Revise Sec.  51.690 to read as follows:


Sec.  51.690  Application of tolerances.

    Individual samples are subject to the following limitations, unless 
otherwise specified in Sec.  51.689. Individual samples shall have not 
more than one and one-half times a specified tolerance of 10 percent or 
more, and not more than double a specified tolerance of less than 10 
percent: Provided, That at least one decayed may be permitted in any 
sample: And provided further, That the averages for the entire lot are 
within the tolerances specified for the grade.
0
30. Revise Sec.  51.691 to read as follows:


Sec.  51.691  Standard pack.

    (a) Fruit shall be fairly uniform in size. When packed in approved 
containers, fruit shall be arranged according to approved and 
recognized methods.
    (b) ``Fairly uniform in size'' means that not more than 10 percent 
of fruit in any lot, and not more than double that amount in any 
sample, are outside the ranges of diameters given in Table 1:

              Table 1 to Sec.   51.691--7/10 Bushel Carton
------------------------------------------------------------------------
                                                    Diameter in inches
           Pack size/number of oranges           -----------------------
                                                    Minimum     Maximum
------------------------------------------------------------------------
24..............................................    3\12/16\     5\1/16\
32..............................................     3\6/16\     4\9/16\
36..............................................     3\4/16\     4\6/16\
40..............................................     3\2/16\     4\4/16\
48..............................................    2\15/16\           4
56..............................................    2\13/16\    3\13/16\
64..............................................    2\11/16\    3\10/16\
72..............................................     2\9/16\     3\8/16\
88..............................................     2\8/16\     3\4/16\
113.............................................     2\7/16\           3
138.............................................     2\6/16\    2\12/16\
163.............................................     2\3/16\     2\8/16\
------------------------------------------------------------------------

    (c) In order to allow for variations, other than sizing, incident 
to proper packing, not more than 5 percent of the packages in any lot 
may fail to meet the requirements of standard pack.
0
31. Revise Sec.  51.699 to read as follows:


Sec.  51.699  Injury.

    Injury means any specific defect described in Table 1 to Sec.  
51.713; or an equally objectionable variation of any one of these 
defects, any other defect, or any combination of defects, which 
slightly detracts from the appearance, or the edible or marketing 
quality of the fruit.
0
32. Revise Sec.  51.702 to read as follows:


Sec.  51.702  Damage.

    Damage means any specific defect described in Table 1 to Sec.  
51.713; or an equally objectionable variation of any one of these 
defects, any other defect, or any combination of defects, which 
materially detracts from the appearance, or the edible or marketing 
quality of the fruit.
0
33. Revise Sec.  51.708 to read as follows:


Sec.  51.708  Serious damage.

    Serious damage means any specific defect described in Table 1 to 
Sec.  51.713; or an equally objectionable variation of any one of these 
defects, any other defect, or any combination of defects, which 
seriously detracts from the appearance, or the edible or marketing 
quality of the fruit.
0
34. Revise Sec.  51.711 to read as follows:


Sec.  51.711  Very serious damage.

    Very serious damage means any specific defect described in Table 1 
to Sec.  51.713; or an equally objectionable variation of any one of 
these defects, any other defect, or any combination of defects, which 
very seriously detracts from the appearance, or the edible or marketing 
quality of the fruit.
0
35. Revise Sec.  51.713 to read as follows:


Sec.  51.713  Classification of Defects.

    All references to area or aggregate area, or length in this 
standard are based on an orange 2\7/8\ inches in diameter, allowing 
proportionately greater areas on larger fruit and lesser areas on 
smaller fruit.


                                            Table 1 to Sec.   51.713
----------------------------------------------------------------------------------------------------------------
                                                                                                 Very serious
             Factor                     Injury              Damage          Serious damage          damage
----------------------------------------------------------------------------------------------------------------
Ammoniation.....................  ..................  Not occurring as    Scars are cracked   Aggregating more
                                                       light speck type.   or dark and         than 25 percent
                                                                           aggregating more    of the surface.
                                                                           than a circle \3/
                                                                           4\ inch in
                                                                           diameter or light
                                                                           colored and
                                                                           aggregating more
                                                                           than a circle 1-
                                                                           \1/4\ inches in
                                                                           diameter.
Buckskin........................  ..................  Aggregating more    Aggregating more    Aggregating more
                                                       than a circle 1     than 25 percent     than 50 percent
                                                       inch in diameter.   of the surface.     of the surface.
Caked melanose..................  ..................  ..................  Aggregating more    Aggregating more
                                                                           than a circle \3/   than 25 percent
                                                                           4\ inch in          of the surface.
                                                                           diameter.
Creasing........................  ..................  Materially weakens  Seriously weakens   Very seriously
                                                       the skin, or        the skin, or        weakens the skin,
                                                       extends over more   extends over more   or is distributed
                                                       than one-third of   than one-half of    over practically
                                                       the surface.        the surface.        the entire
                                                                                               surface.

[[Page 13840]]

 
Dryness or mushy condition......  ..................  Affecting all       Affecting all       Affecting all
                                                       segments more       segments more       segments more
                                                       than \1/4\ inch     than \1/2\ inch     than \3/4\ inch
                                                       at stem end, or     at stem end, or     at stem end, or
                                                       the equivalent of   the equivalent of   the equivalent of
                                                       this amount, by     this amount, by     this amount, by
                                                       volume, when        volume, when        volume, when
                                                       occurring in        occurring in        occurring in
                                                       other portions of   other portions of   other portions of
                                                       the fruit.          the fruit.          the fruit.
Green spots or oil spots........  More than slightly  Aggregating more    Aggregating more    ..................
                                   affecting           than a circle \7/   than a circle 1-
                                   appearance.         8\ inch in          \1/4\ inches in
                                                       diameter.           diameter.
Hail............................  Not well healed,    Not well healed,    Not well healed,    Not well healed,
                                   or aggregating      or aggregating      or aggregating      or aggregating
                                   more than a         more than a         more than a         more than a
                                   circle 1/4 inch     circle 3/8 inch     circle 1/2 inch     circle 3/4 inch
                                   in diameter.        in diameter.        in diameter.        in diameter.
Scab............................  ..................  Materially          Seriously detracts  Aggregating more
                                                       detracts from the   from the shape or   than 25 percent
                                                       shape or texture,   texture, or         of the surface.
                                                       or aggregating      aggregating more
                                                       more than a         than a circle \3/
                                                       circle \5/8\ inch   4\ inch in
                                                       in diameter.        diameter.
Scale...........................  More than a few     Aggregating more    Aggregating more    Aggregating more
                                   adjacent to the     than a circle \5/   than a circle \3/   than 25 percent
                                   ``button'' at the   8\ inch in          4\ inch in          of the surface.
                                   stem end, or more   diameter.           diameter.
                                   than 6 scattered
                                   on other portions
                                   of the fruit.
Scars...........................  Depressed, not      Deep, rough or      Deep, rough         Deep, rough or
                                   smooth, or          hard aggregating    aggregating more    unsightly that
                                   detracts from       more than a         than a circle \1/   appearance is
                                   appearance more     circle \1/4\ inch   2\ inch in          very seriously
                                   than the amount     in diameter;        diameter;           affected.
                                   of discoloration    slightly rough      slightly rough
                                   permitted in the    with slight depth   with slight depth
                                   grade.              aggregating more    aggregating more
                                                       than a circle \7/   than a circle 1-
                                                       8\ inch in          \1/4\ inches in
                                                       diameter; smooth    diameter.
                                                       or fairly smooth
                                                       with slight depth
                                                       aggregating more
                                                       than a circle 1-
                                                       \1/4\ inches in
                                                       diameter.
Skin breakdown..................  ..................  Aggregating more    Aggregating more    Aggregating more
                                                       than a circle \1/   than a circle \5/   than 25 percent
                                                       4\ inch in          8\ inch in          of the surface.
                                                       diameter.           diameter.
Sunburn.........................  ..................  Skin is flattened,  Affecting more      Aggregating more
                                                       dry, darkened or    than one-third of   than 50 percent
                                                       hard, aggregating   the surface,        of the surface.
                                                       more than 25        hard, decidedly
                                                       percent of the      one-sided, or
                                                       surface.            light brown and
                                                                           aggregating more
                                                                           than a circle 1-
                                                                           \1/4\ inches in
                                                                           diameter.
Sprayburn.......................  ..................  ..................  Hard, or            Aggregating more
                                                                           aggregating more    than 25 percent
                                                                           than a circle 1-    of the surface
                                                                           \1/4\ inches in
                                                                           diameter.
Split, rough or protruding        Split is unhealed;  Split is unhealed,  Split is unhealed,  Split is unhealed
 navels.                           navel protrudes     or more than \1/    or more than \1/    or fruit is
                                   beyond general      4\ inch in          2\ inch in          seriously
                                   contour; opening    length, or more     length, or          weakened.
                                   is so wide,         than 3 well         aggregate length
                                   growth so folded    healed splits, or   of all splits
                                   and ridged that     navel protrudes     exceed 1 inch, or
                                   it detracts         beyond the          navel protrudes
                                   noticeably from     general contour,    beyond general
                                   appearance.         and opening is so   contour, and
                                                       wide, folded or     opening is so
                                                       ridged that it      wide, folded and
                                                       detracts            ridged that it
                                                       materially from     seriously
                                                       appearance.         detracts from
                                                                           appearance.
Thorn scratches.................  Not slight, not     Not well healed,    Not well healed,    Aggregating more
                                   well healed, or     or hard             or hard             than 25 percent
                                   more unsightly      concentrated        concentrated        of the surface.
                                   than                thorn injury        thorn injury
                                   discoloration       aggregating more    aggregating more
                                   permitted in the    than a circle \5/   than a circle \3/
                                   grade.              8\ inch in          4\ inch in
                                                       diameter.           diameter.
----------------------------------------------------------------------------------------------------------------


    Dated: February 27, 2020.
Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2020-04368 Filed 3-9-20; 8:45 am]
BILLING CODE 3410-02-P