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), 68421-68429 [2020-21437]
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68421
Rules and Regulations
Federal Register
Vol. 85, No. 210
Thursday, October 29, 2020
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
DEPARTMENT OF AGRICULTURE
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: Final rule.
AGENCY:
The Agricultural Marketing
Service (AMS) of the U.S. Department of
Agriculture (USDA) is revising 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
will 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: Effective November 30, 2020.
FOR FURTHER INFORMATION CONTACT:
Olivia L. Banks, USDA, Specialty Crops
Inspection Division, 100 Riverside
Parkway, Suite 101, Fredericksburg, VA
22406; by phone (540) 361–1120; fax
(540) 361–1199; or, email olivia.banks@
usda.gov. Copies of the revised 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
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SUMMARY:
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and States other than Florida,
California, and Arizona) are available at
https://www.ams.usda.gov/gradesstandards/fruits.
The
changes 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 rule falls within a category of
regulatory actions that the Office of
Management and Budget (OMB)
exempted from Executive Order 12866
review. Additionally, because this rule
does not meet the definition of a
significant regulatory action, it does not
trigger the requirements contained in
Executive Order 13771. See OMB’s
Memorandum titled ‘‘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, and distributive impacts and
equity. Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
promoting flexibility.
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Executive Order 13175
This action 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 and would not have
significant Tribal implications.
Executive Order 12988
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. It is not intended to have
retroactive effect. There are no
administrative procedures that must be
exhausted prior to any judicial
challenge to the provisions of this rule.
Background
AMS continuously reviews fruit and
vegetable grade standards to assess their
effectiveness in the industry and to
modernize language. On September 20,
2016, AMS received a request from the
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 revised percentages
correspond to those currently allowed
in the AQL tables and more closely
align with California and Florida orange
and grapefruit standards.
Additional 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. 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 27⁄8inch 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
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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. The
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.
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Regulatory Flexibility Act
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 rule on
small entities. Accordingly, AMS has
prepared this 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 22 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 2018–
19 season prices ranged from $11.69 to
$25.78 per carton. The average price
was $22.23 per carton ($11.69 plus
$25.78 equals $37.47, divided by 2
equals $18.74 per carton) and total
shipments were 6.6 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 6.6 million
cartons equals $123.7 million, divided
by 22 equals $5.6 million per handler).
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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
$33.27 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 $1.3 million, which is more than
$1,000,000 ($33.27 per carton times 6.6
million cartons equals $219.6 million,
divided by 170 equals $1.3 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 rule will 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 action will make the standards
more consistent with current marketing
trends and practices. This 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.
On March 10, 2020, AMS published a
Proposed Rule in the Federal Register
(85 FR 13833) soliciting comments on
revisions to 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). One
comment was submitted by May 11,
2020, the closing date of the public
comment period.
The comment fully supported the
revisions and commended the USDA for
taking steps to bring standardization to
the grading system used for Texas
citrus, putting Texas in line with
systems used in other citrus production
areas of the United States.
Based on the information gathered,
AMS is revising the U.S. Standards for
Grades of Grapefruit (Texas and States
other than Florida, California, and
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Arizona), and U.S. Standards for Grades
of Oranges (Texas and States other than
Florida, California, and Arizona).
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.
SUBPART D—APPLICATION OF
TOLERANCES
2. Revise the heading for subpart D to
read as set forth above:
■ 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:
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(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:
§ 51.624
U.S. Combination.
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‘‘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,
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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;
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■
68423
(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 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
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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,
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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 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 TO PARAGRAPH
(b)—7/10 BUSHEL CARTON
Diameter in inches
(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:
Pack size/Number of
grapefruit
Minimum
Maximum
§ 51.650
18
23
27
32
36
40
48
56
64
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
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:
.............................
.............................
.............................
.............................
.............................
.............................
.............................
.............................
.............................
(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
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§ 51.652
Very serious damage.
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.
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Federal Register / Vol. 85, No. 210 / Thursday, October 29, 2020 / Rules and Regulations
68425
TABLE 1 TO § 51.652
Factor
Injury
Ammoniation ......................
...........................................
Not occurring as light
speck type.
Buckskin ............................
...........................................
Caked melanose ...............
...........................................
Aggregating more than a
circle 11⁄4 inches in diameter.
...........................................
Dryness or mushy condition.
...........................................
Green spots or oil spots ....
More than slightly affecting
appearance.
Hail ....................................
Not well healed, or aggregating more than a circle
3⁄8 inch in diameter.
...........................................
jbell on DSKJLSW7X2PROD with RULES
Scab ..................................
Damage
Scale ..................................
More than a few adjacent
to the ‘‘button’’ at the
stem end, or more than
6 scattered on other portions of the fruit.
Scars .................................
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.
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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 1 inch in diameter.
Not well healed, or aggregating more than a circle
1⁄2 inch in diameter.
Materially detracts from
the shape or texture, or
aggregating more than a
circle 3⁄4 inch in diameter.
Blotch aggregating more
than a circle 3⁄4 inch in
diameter, or occurring
as a ring more than a
circle 11⁄4 inches in diameter.
Very deep or very rough
aggregating more than a
circle 1⁄2 inch in diameter; deep or rough aggregating more than 1
inch in diameter; slightly
rough or of slight depth
aggregating more than
10 percent of surface.
Aggregating more than a
circle 3⁄8 inch in diameter.
...........................................
More than 6 seeds are
sprouted, including not
more than 1 sprout extending to the rind, remainder average not
over 1⁄4 inch in length.
Skin is flattened, dry, darkened, or hard, aggregating more than 25 percent of surface.
Not well healed, hard concentrated thorn injury
aggregating more than a
circle 3⁄4 inch in diameter, or slight scratches
aggregating more than a
circle 1 inch in diameter.
Frm 00005
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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.
Aggregating more than 25
percent of the surface.
Aggregating more than a
circle 1 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 11⁄2 inches in diameter..
Not well healed, or aggregating more than a circle
5⁄8 inch in diameter.
Seriously detracts from the
shape or texture, or aggregating more than a
circle 1 inch in diameter.
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.
Blotch aggregating more
than a circle 1 inch in diameter, or occurring as
a ring more than a circle
11⁄2 inches in diameter.
Aggregating more than 25
percent of the surface.
Very deep or very rough
aggregating more than a
circle 1 inch in diameter;
deep or rough aggregating more than 5 percent of the fruit surface;
slight depth or slightly
rough aggregating more
than 15 percent of surface.
Aggregating more than a
circle 5⁄8 inch in diameter.
Hard or aggregating more
than a circle 11⁄4 inches
in diameter.
More than 6 seeds are
sprouted, including not
more than 2 sprouts extending to the rind, remainder average not
over 1⁄2 inch in length.
Skin is hard, fruit is decidedly one-sided, aggregating more than onethird of surface.
Not well healed, hard concentrated thorn injury
aggregating more than a
circle 7⁄8 inch in diameter, or slight scratches
aggregating more than a
circle 11⁄4 inches in diameter.
Very deep or very rough or
unsightly that appearance is very seriously
affected.
E:\FR\FM\29OCR1.SGM
29OCR1
Aggregating more than 50
percent of the surface.
Not well healed, or aggregating more than a circle
1 inch in diameter.
Aggregating more than 25
percent of the surface.
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.
68426
Federal Register / Vol. 85, No. 210 / Thursday, October 29, 2020 / Rules and Regulations
Subpart E—APPLICATION OF
TOLERANCES
19. Revise the heading for Subpart E
to read as set forth above.
■ 20. Revise § 51.681 to read as follows:
■
§ 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;
(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 § 51.689.
■ 21. Revise § 51.682 to read as follows:
jbell on DSKJLSW7X2PROD with RULES
§ 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.);
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Jkt 253001
(3) Firm;
(4) Fairly smooth texture;
(5) Mature;
(6) Similar varietal characteristics;
and
(7) Well formed.
(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:
§ 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.);
PO 00000
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(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 § 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.
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Federal Register / Vol. 85, No. 210 / Thursday, October 29, 2020 / Rules and Regulations
■
27. Revise § 51.689 to read as follows.
jbell on DSKJLSW7X2PROD with RULES
§ 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
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16:51 Oct 28, 2020
Jkt 253001
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-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 the undesignated center
heading 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
PO 00000
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68427
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 PARAGRAPH
(b)—7/10 BUSHEL CARTON
Diameter in inches
Pack size/Number of
oranges
Minimum
Maximum
24 .............................
32 .............................
36 .............................
40 .............................
48 .............................
56 .............................
64 .............................
72 .............................
88 .............................
113 ...........................
138 ...........................
163 ...........................
3-12/16
3-6/16
3-4/16
3-2/16
2-15/16
2-13/16
2-11/16
2-9/16
2-8/16
2-7/16
2-6/16
2-3/16
5-1/16
4-9/16
4-6/16
4-4/16
4
3-13/16
3-10/16
3-8/16
3-4/16
3
2-12/16
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.
■ 31. Revise § 51.699 to read as follows:
§ 51.699
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.
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68428
■
Federal Register / Vol. 85, No. 210 / Thursday, October 29, 2020 / Rules and Regulations
33. Revise § 51.708 to read as follows:
§ 51.708
Serious damage.
■
34. Revise § 51.711 to read as follows:
§ 51.711
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.
■
Very serious damage.
35. Revise § 51.713 to read as follows:
§ 51.713
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.
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.
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 ............................
...........................................
Dryness or mushy condition.
...........................................
Green spots or oil spots ....
More than slightly affecting
appearance.
Hail ....................................
Not well healed, or aggregating more than a circle
1⁄4 inch in diameter.
...........................................
Scab ..................................
Scale ..................................
Scars .................................
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Skin breakdown .................
VerDate Sep<11>2014
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.
...........................................
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PO 00000
Materially weakens the
skin, or extends over
more than one-third of
the surface.
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 11⁄4
inches in diameter.
Aggregating more than a
circle 1⁄4 inch in diameter.
Frm 00008
Fmt 4700
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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 11⁄4 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.
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 11⁄4 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.
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 11⁄4 inches in diameter.
Deep, rough or unsightly
that appearance is very
seriously affected.
Aggregating more than a
circle 5⁄8 inch in diameter.
Aggregating more than 25
percent of the surface.
E:\FR\FM\29OCR1.SGM
29OCR1
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.
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
3⁄4 inch in diameter.
Aggregating more than 25
percent of the surface.
Aggregating more than 25
percent of the surface.
Federal Register / Vol. 85, No. 210 / Thursday, October 29, 2020 / Rules and Regulations
68429
TABLE 1 TO § 51.713—Continued
Factor
Injury
Damage
Serious damage
Very serious damage
Sunburn .............................
...........................................
Skin is flattened, dry, darkened or hard, aggregating more than 25 percent of the surface.
Aggregating more than 50
percent of the surface.
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.
Affecting more than onethird of the surface,
hard, decidedly onesided, or light brown and
aggregating more than a
circle 11⁄4 inches in diameter.
Hard, or aggregating more
than a circle 11⁄4 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.
Bruce Summers,
Administrator, Agricultural Marketing
Service.
DATES:
BILLING CODE 3410–02–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0625; Product
Identifier 2016–SW–007–AD; Amendment
39–21315; AD 2020–22–19]
RIN 2120–AA64
Airworthiness Directives; Various
Restricted Category Helicopters
Examining the AD Docket
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for various
restricted category helicopters,
originally manufactured by Sikorsky
Aircraft Corporation (Sikorsky), Model
EH–60A, HH–60L,
S–70, S–70A, S–70C, S–70C(M), S–
70C(M1), and UH–60A. This AD
requires initial and recurring
inspections of the main rotor (M/R)
blade spindle cuff for a crack. This AD
was prompted by multiple reports of a
cracked M/R blade spindle cuff. These
actions are intended to prevent an
unsafe condition on these products.
jbell on DSKJLSW7X2PROD with RULES
VerDate Sep<11>2014
15:54 Oct 28, 2020
Jkt 253001
For service information
identified in this final rule, contact your
local Sikorsky Field Representative or
Sikorsky’s Service Engineering Group at
Sikorsky Aircraft Corporation, 124
Quarry Road, Trumbull, CT 06611;
telephone 1–800–946–4337 (1–800–
Winged–S); email wcs_cust_service_
eng.gr-sik@lmco.com. Operators may
also log on to the Sikorsky 360 website
at https://www.sikorsky360.com. You
may view the referenced service
information at the FAA, Office of the
Regional Counsel, Southwest Region,
10101 Hillwood Pkwy., Room 6N–321,
Fort Worth, TX 76177.
ADDRESSES:
[FR Doc. 2020–21437 Filed 10–28–20; 8:45 am]
SUMMARY:
This AD is effective December 3,
2020.
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
0625; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this AD, any
comments received, and other
information. The street address for
Docket Operations is U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
Kristopher Greer, Aerospace Engineer,
Boston ACO Branch, Compliance and
Airworthiness Division, FAA, 1200
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
Aggregating more than 25
percent of the surface.
Split is unhealed or fruit is
seriously weakened.
Aggregating more than 25
percent of the surface.
District Avenue, Burlington,
Massachusetts 01803; telephone 781–
238–7799; email kristopher.greer@
faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to various restricted category
helicopters, originally manufactured by
Sikorsky, Model EH–60A, HH–60L,
S–70, S–70A, S–70C, S–70C(M), S–
70C(M1), and UH–60A, with an M/R
blade spindle cuff part number 70150–
09109–041 installed. The NPRM
published in the Federal Register on
July 9, 2020 (85 FR 41221).
The NPRM was prompted by multiple
reports of a cracked M/R blade spindle
cuff. In 2008, Sikorsky reported an
M/R blade spindle cuff on a Model UH–
60A helicopter that cracked across the
lower inboard bolt holes. Investigation
determined the crack was caused by a
non-conforming hole edge break,
specifically a burr, introduced during an
overhaul at a non-Sikorsky overhaul
facility. Sikorsky issued Sikorsky Safety
Advisory No. SSA–S70–08–002, dated
December 11, 2008 (SSA–S70–08–002),
for Black Hawk Model H–60– and S–70series helicopters to inform operators of
the incident and recommend
compliance with Sikorsky’s
preventative maintenance inspections.
The safety advisory also recommended
that operators with M/R blades
E:\FR\FM\29OCR1.SGM
29OCR1
]]>Agencies
[Federal Register Volume 85, Number 210 (Thursday, October 29, 2020)]
[Rules and Regulations]
[Pages 68421-68429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21437]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 85, No. 210 / Thursday, October 29, 2020 /
Rules and Regulations
[[Page 68421]]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Agricultural Marketing Service (AMS) of the U.S.
Department of Agriculture (USDA) is revising 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 will
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: Effective November 30, 2020.
FOR FURTHER INFORMATION CONTACT: Olivia L. Banks, USDA, Specialty Crops
Inspection Division, 100 Riverside Parkway, Suite 101, Fredericksburg,
VA 22406; by phone (540) 361-1120; fax (540) 361-1199; or, email
[email protected]. Copies of the revised 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 at https://www.ams.usda.gov/grades-standards/fruits.
SUPPLEMENTARY INFORMATION: The changes 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 rule falls within a category of regulatory actions that the
Office of Management and Budget (OMB) exempted from Executive Order
12866 review. Additionally, because this rule does not meet the
definition of a significant regulatory action, it does not trigger the
requirements contained in Executive Order 13771. See OMB's Memorandum
titled ``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, and
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 action 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 and would not
have significant Tribal implications.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. It is not intended to have retroactive effect. There
are no administrative procedures that must be exhausted prior to any
judicial challenge to the provisions of this rule.
Background
AMS continuously reviews fruit and vegetable grade standards to
assess their effectiveness in the industry and to modernize language.
On September 20, 2016, AMS received a request from the 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 revised percentages correspond to those
currently allowed in the AQL tables and more closely align with
California and Florida orange and grapefruit standards.
Additional 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. 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 68422]]
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. The 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 Act
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 rule on small entities. Accordingly, AMS has prepared this
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 22 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 2018-19 season prices ranged from
$11.69 to $25.78 per carton. The average price was $22.23 per carton
($11.69 plus $25.78 equals $37.47, divided by 2 equals $18.74 per
carton) and total shipments were 6.6 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 6.6 million
cartons equals $123.7 million, divided by 22 equals $5.6 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 $33.27 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 $1.3 million, which is more
than $1,000,000 ($33.27 per carton times 6.6 million cartons equals
$219.6 million, divided by 170 equals $1.3 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 rule will 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 action will make the standards more consistent with current
marketing trends and practices. This 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.
On March 10, 2020, AMS published a Proposed Rule in the Federal
Register (85 FR 13833) soliciting comments on revisions to 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).
One comment was submitted by May 11, 2020, the closing date of the
public comment period.
The comment fully supported the revisions and commended the USDA
for taking steps to bring standardization to the grading system used
for Texas citrus, putting Texas in line with systems used in other
citrus production areas of the United States.
Based on the information gathered, AMS is revising 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).
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.
SUBPART D--APPLICATION OF TOLERANCES
0
2. Revise the heading for subpart D to read as set forth above:
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 68423]]
(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 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
[[Page 68424]]
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 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 to Paragraph (b)--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.
[[Page 68425]]
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.
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.
----------------------------------------------------------------------------------------------------------------
[[Page 68426]]
Subpart E--APPLICATION OF TOLERANCES
0
19. Revise the heading for Subpart E to read as set forth above.
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.
(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.
[[Page 68427]]
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: 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 the undesignated center heading 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 Paragraph (b)--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.
[[Page 68428]]
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.
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\1/
appearance. 8\ inch in 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\1/
8\ inch in 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.
[[Page 68429]]
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\1/ of the surface.
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.
----------------------------------------------------------------------------------------------------------------
Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2020-21437 Filed 10-28-20; 8:45 am]
BILLING CODE 3410-02-P
