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 https://
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 https://
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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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 https://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