[Federal Register Volume 75, Number 83 (Friday, April 30, 2010)]
[Proposed Rules]
[Pages 22707-22710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9822]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 /
Proposed Rules
[[Page 22707]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 51
[Doc. No. AMS-FV-08-0023]
United States Standards for Grades of Potatoes
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: This proposed rule would revise the United States Standards
for Grades of Potatoes which were issued under the Agricultural
Marketing Act of 1946. The Agricultural Marketing Service (AMS) is
proposing to amend the similar varietal characteristic requirement to
allow mixed colors and/or types of potatoes when designated as a mixed
or specialty pack.
Additionally, AMS is proposing to add restrictive tolerances for
permanent defects in the en route/at destination tolerances, and also
remove the unneeded definition for injury and clarify the scoring guide
for sprouts.
AMS also proposes to add table numbers to the definitions of
``Damage,'' ``Serious Damage,'' and ``External Defects,'' amend table
headings, replace omitted language in the definition for bruising, and
amend language in the tolerance section to ensure soft rot tolerances
are applied correctly.
The purpose of this revision is to update and revise the standards
to more accurately represent today's marketing practices and to clarify
existing language.
DATES: Comments must be received by June 1, 2010.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposal. Comments must be sent to the Standardization
and Training Section, Fresh Products Branch, Fruit and Vegetable
Programs, Agricultural Marketing Service, U.S. Department of
Agriculture, National Training and Development Center, Riverside
Business Park, 100 Riverside Parkway, Suite 101, Fredericksburg, VA
22406; Fax (540) 361-1199, or on the web at: www.regulations.gov.
Comments should make reference to the date and page number of this
issue of the Federal Register and will be made available for public
inspection in the above office during regular business hours. Comments
can also be viewed on the www.regulations.gov Web site. The current
United States Standards for Grades of Potatoes, along with the proposed
changes, will be available either through the address cited above or by
accessing the AMS, Fresh Products Branch Web site at: http://www.ams.usda.gov/freshinspection.
FOR FURTHER INFORMATION CONTACT: Dr. Carl Newell, at the above address
or call (540) 361-1120.
SUPPLEMENTARY INFORMATION:
Executive Order 12866 and 12988
The Office of Management and Budget has waived the review process
required by Executive Order 12866 for this action. This rule has been
reviewed under Executive Order 12988, Civil Justice Reform. This action
is not intended to have retroactive effect. There are no administrative
procedures which must be exhausted prior to any judicial challenge to
the provisions of the rule.
Regulatory Flexibility Act and Paperwork Reduction Act
Pursuant to the requirements set forth in the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601-612) and in the Paperwork Reduction
Act (PRA), AMS has considered the economic impact of the proposed
actions on small entities. 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. Accordingly, AMS has prepared this initial regulatory
flexibility analysis. Interested parties are invited to submit
information on the regulatory and informational impacts of these
actions on small businesses.
This rule revises the U.S. Standards for Grades of Potatoes that
were issued under the Agricultural Marketing Act of 1946 (7 U.S.C.
1621-1627). Standards issued under the 1946 Act are voluntary.
Small agricultural service firms, which include handlers and
importers, have been defined by the Small Business Administration (SBA)
(13 CFR 121.201) as those having annual receipts of less than
$7,000,000, and small agricultural producers are defined as those
having annual receipts of less than $750,000. Using annual data from
the National Agricultural Statistics Service (NASS), the average potato
crop value for 2006-2008 was $3.482 billion. Dividing that figure by
15,014 farms yields an average potato crop value per farm of just under
$232,000. Since this is well under the SBA threshold of annual receipts
of $750,000, it can be concluded that the majority of these producers
may be classified as small entities. Furthermore, there are
approximately 180 handlers of potatoes and approximately 168 importers
of potatoes that may be classified as small entities and may be
affected by this rule.
Additional evidence comes from examining the Agricultural Census
acreage breakdown closely. Out of a total of 15,014 potato farms in
2007, 19 percent were less than 10 acres and 66 percent were less than
100 acres. An estimate of the number of acres that it would take to
produce a crop valued at $750,000 can be made by dividing the 2006-08
average crop value of $3.482 billion by the three-year average bearing
acres of 1.097 million, yielding an average potato revenue per acre
estimate of $3,174. Dividing $750,000 by $3,174 shows that farms with
236 acres received at least the average price in 2006-08 producing
crops valued at $750,000 or more, and would therefore be considered
large potato farms under the SBA definition. Looking at farm numbers
for additional census size categories shows that 11,718 potato farms
(78 percent) are under 220 acres and 11,994 (80 percent) are less than
260 acres. Since a farm with 236 acres of potatoes falls within this
range, it can be concluded that the proportion of small potato farms
under the SBA definition is between 78 and 80 percent of all U.S.
potato farms.
The effects of this rule are not expected to be disproportionately
greater or smaller for small handlers, producers, or importers than for
larger entities. The proposed changes are to amend the similar varietal
characteristic requirement, add restrictive tolerances for permanent
defects in the enroute/at
[[Page 22708]]
destination tolerances, remove the definition for injury, and clarify
the scoring guides for sprouts. Additionally, AMS proposes to add table
numbers to the definitions of ``Damage,'' ``Serious Damage,'' and
``External Defects,'' amend table headings, replace omitted language in
the definition for bruising, and amend the tolerance section to ensure
soft rot tolerances are applied correctly. These proposed actions would
make the standard more consistent and uniform with marketing trends and
practices. These proposed actions will not impose any additional
reporting or recordkeeping requirements on either small or large potato
producers, handlers, or importers.
USDA has not identified any Federal rules that duplicate, overlap,
or conflict with this rule. However, there are marketing programs which
regulate the handling of potatoes under 7 CFR parts 945-948 and 953.
Potatoes under a marketing order have to meet certain requirements set
forth in the grade standards. In addition, potatoes are subject to
section 8e import requirements under the Agricultural Marketing Act of
1937, as amended (7 U.S.C. 601-674) which requires imported potatoes to
meet grade, size, and quality under the applicable marketing order.
Alternatives to this proposed rule (7 CFR part 980) were
considered, including the option to issue the rule. However, the need
for revision has increased as a result of changing market
characteristics, and the proposal represents input from the potato
industry.
Background and Proposed Rule
A proposed rule was published in the September 22, 2006, Federal
Register (71 FR 55356), seeking comments on possible revisions to the
United States Standards for Grades of Potatoes. During the comment
period, a comment was received requesting AMS give consideration to
allow packing of mixed varieties in the U.S. No. 1 grade. While this
change was not in the scope of that rulemaking, AMS believed the
suggestion should be considered separately at a later time. AMS agrees
that inserting language into the standard to allow mixed colors and/or
types of potatoes when designated as a mixed or specialty pack would
reflect current marketing practices. Upon further evaluation, AMS also
believes that this revision should be applied to the U.S. No. 2 grade
as well due to changes in the marketing of potatoes. This proposal
would revise Sec. 51.1541 (a) and Sec. 51.1543 (a) concerning similar
varietal characteristics by inserting ``except when designated as a
mixed or specialty pack'' into the proposed standard to allow for mixed
colors and/or types of potatoes when designated as a mixed or specialty
pack.
In addition, a March 21, 2008, rule (73 FR 15054 as corrected at 73
FR 70885) finalized the September 26, 2006, proposed rule by adding en
route/at destination tolerances to the U.S. No. 1 and U.S. No. 2
grades. However, restrictive tolerances for permanent defects
implemented in those en route/at destination tolerances were not
included. These restrictive tolerances are necessary to ensure that
additional permanent defects are not allowed en route or at destination
than that allowed at shipping point. Therefore, this proposal would
revise Sec. 51.1546 (a)(1 (ii) by adding ``Provided, That included in
this tolerance not more than a total of 8 percent shall be allowed for
permanent defects: And provided further, the following percentages
shall be allowed for the defects listed:'' and revise Sec. 51.1546
(a)(3)(ii) by adding ``Provided, That included in this tolerance not
more than a total of 10 percent shall be allowed for permanent defects:
And provided further, the following percentages shall be allowed for
the defects listed:'' Further, this proposal would revise Sec. 51.1546
(a)(1)(ii)(A) by adding ``including therein not more than 5 percent for
permanent external defects;'' Sec. 51.1546 (a)(1)(ii)(B) by adding
``including therein not more than 5 percent for permanent internal
defects; and'' Sec. 51.1546 (a)(3)(ii)(A) by adding ``including
therein not more than 6 percent for permanent external defects;'' and
revise Sec. 51.1546 (a)(3)(ii)(B) by adding ``including therein not
more than 6 percent for permanent internal defects; and''
Additionally, the U.S. Extra No. 1 grade for potatoes was removed
from the standard and therefore the definition for injury in the U.S.
Standards for Grades of Potatoes is no longer needed. Therefore, AMS
proposes to remove the definition for injury from Sec. 51.1559 and
reclassify Sec. 51.1559 as ``[Reserved].''
AMS also has determined that the current scoring guide for sprouts
needs further clarity. Accordingly, AMS proposes to revise the language
to help ensure that the scoring guide for sprouts is not interpreted
incorrectly. The proposed rule would revise the scoring guide for
damage by sprouts in Table III as follows: ``When more than 5 percent
of the potatoes in any lot have any sprout more than \1/4\ inch in
length at shipping point, more than \1/2\ inch in length at
destination; or have numerous individual and/or clusters of sprouts
which detract from the appearance of the potato.'' Similarly, AMS would
revise the scoring guide for serious damage by sprouts in Table III as
follows: ``When more than 10 percent of the potatoes in any lot have
any sprout more than \1/2\ inch in length at shipping point; more than
1 inch in length at destination; or have numerous individual and/or
clusters of sprouts that seriously detract from the appearance of the
potato. Serious damage by sprouts shall only be scored against the U.S.
Commercial and U.S. No. 2 grades.''
Further, AMS proposes to add the following language to ensure
proper application of soft rot tolerances in the applicable tolerance
sections:
Sec. 51.1546 (a)(1)(i)(B): ``5 percent for internal defects; and''
Sec. 51.1546 (a)(1)(i)(C): ``Not more than a total of 1 percent
for potatoes which are frozen or affected by soft rot or wet breakdown.
See Sec. 51.1547.''
Sec. 51.1546 (a)(1)(ii)(C): ``Not more than a total of 2 percent
for potatoes which are frozen or affected by soft rot or wet breakdown.
See Sec. 51.1547.''
Sec. 51.1546 (a)(2)(iii) and Sec. 51.1546 (a)(3)(i)(B): ``6
percent for internal defects; and''
Sec. 51.1546 (a)(2)(iv) and Sec. 51.1546 (a)(3)(i)(C): ``Not more
than a total of 1 percent for potatoes which are frozen or affected by
soft rot or wet breakdown. See Sec. 51.1547.''
Sec. 51.1546 (a)(3)(ii)(C): ``Not more than 2 percent for potatoes
which are frozen or affected by soft rot or wet breakdown. See Sec.
51.1547.''
AMS also proposes for clarity to add table numbers, amend table
headings, and replace omitted language in sections: Sec. 51.1546
(a)(2)(iii); Sec. 51.1560; Sec. 51.1561; Sec. 51.1564; and Sec.
51.1565.
A 30-day period is provided for interested persons to comment. This
period is deemed appropriate in order to implement these changes, if
adopted, as soon as possible to reflect current marketing practices.
Accordingly, AMS proposes to amend the United States Standards for
Grades of Potatoes as follows:
List of Subjects in 7 CFR Part 51
Agricultural commodities, Food grades and standards, Fruits, Nuts,
Reporting and recordkeeping requirements, Trees, Vegetables.
For reasons set forth in the preamble, 7 CFR part 51 is proposed to
be amended as follows:
PART 51--[AMENDED]
1. The authority citation for part 51 continues to read as follows:
Authority: 7 U.S.C. 1621-1627.
[[Page 22709]]
2. In Sec. 51.1541, paragraph (a) is revised to read as follows:
Sec. 51.1541 U.S. No. 1.
* * * * *
(a) Similar varietal characteristics, except when designated as a
mixed or specialty pack;
* * * * *
3. In Sec. 51.1543, paragraph (a) is revised to read as follows:
Sec. 51.1543 U.S. No. 2.
* * * * *
(a) Similar varietal characteristics, except when designated as a
mixed or specialty pack;
* * * * *
4. In Sec. 51.1546, paragraph (a) is revised to read as follows:
Sec. 51.1546 Tolerances.
* * * * *
(a) For defects--(1) U.S. No. 1. (i) At Shipping Point: A total of
8 percent for potatoes in any lot which fail to meet the requirements
for the grade: Provided, That included in this tolerance not more than
the following percentages shall be allowed for the defects listed:
(A) 5 percent for external defects;
(B) 5 percent for internal defects; and
(C) Not more than a total of 1 percent for potatoes which are
frozen or affected by soft rot or wet breakdown. See Sec. 51.1547.
(ii) En route or at Destination: A total of 10 percent for potatoes
in any lot which fail to meet the requirements for the grade: Provided,
That included in this tolerance not more than a total of 8 percent
shall be allowed for permanent defects: And provided further, the
following percentages shall be allowed for the defects listed:
(A) 7 percent for external defects, including therein not more than
5 percent for permanent external defects;
(B) 7 percent for internal defects, including therein not more than
5 percent for permanent internal defects; and
(C) Not more than a total of 2 percent for potatoes which are
frozen or affected by soft rot or wet breakdown. See Sec. 51.1547.
(2) U.S. Commercial: A total of 20 percent for potatoes in any lot
which fail to meet the requirements for the grade: Provided, That
included in this tolerance not more than the following percentages
shall be allowed for the defects listed:
(i) 10 percent for potatoes which fail to meet the requirements for
U.S. No. 2 grade, including therein not more than:
(ii) 6 percent for external defects;
(iii) 6 percent for internal defects; and
(iv) Not more than a total of 1 percent for potatoes which are
frozen or affected by soft rot or wet breakdown. See Sec. 51.1547.
(3) U.S. No. 2. (i) At Shipping Point: A total of 10 percent for
potatoes in any lot which fail to meet the requirements for the grade:
Provided, That included in this tolerance not more than the following
percentages shall be allowed for the defects listed:
(A) 6 percent for external defects;
(B) 6 percent for internal defects; and
(C) Not more than a total of 1 percent for potatoes which are
frozen or affected by soft rot or wet breakdown. See Sec. 51.1547.
(ii) En route or at Destination: A total of 12 percent for potatoes
in any lot which fail to meet the requirements for the grade: Provided,
That included in this tolerance not more than a total of 10 percent
shall be allowed for permanent defects: And provided further, the
following percentages shall be allowed for the defects listed:
(A) 8 percent for external defects, including therein not more than
6 percent for permanent external defects;
(B) 8 percent for internal defects, including therein not more than
6 percent for permanent internal defects; and
(C) Not more than a total of 2 percent for potatoes which are
frozen or affected by soft rot or wet breakdown. See Sec. 51.1547.
* * * * *
Sec. 51.1559 [Removed and Reserved]
5. Section 51.1559 is removed and reserved.
6. Section 51.1560 is revised to read as follows:
Sec. 51.1560 Damage.
``Damage'' means any defect, or any combination of defects, which
materially detracts from the edible or marketing quality, or the
internal or external appearance of the potato, or any external defect
which cannot be removed without a loss of more than 5 percent of the
total weight of the potato. See Tables III, IV, V and VI in Sec.
511564 and Table VII in Sec. 51.1565.
7. Section 51.1561 is revised to read as follows:
Sec. 51.1561 Serious damage.
``Serious damage'' means any defect, or any combination of defects,
which seriously detracts from the edible or marketing quality, or the
internal or external appearance of the potato, or any external defect
which cannot be removed without a loss of more than 10 percent of the
total weight of the potato. See Tables III, IV, V and VI in Sec.
51.1564 and Table VII in Sec. 51.1565.
8. Section 51.1564 is amended by:
A. Amending the introductory text by removing the reference ``Table
III'', and by adding the reference ``Tables III, IV, V and VI'', in its
place;
B. Amending Table III by revising the column headings; and
C. Amending Table III by revising the entries for ``Bruises (Not
including pressure bruise and sunken discolored areas)'' and
``Sprouts''.
Revisions and addition read as follows.
Sec. 51.1564 External defects.
* * * * *
Table III--External Defects
------------------------------------------------------------------------
Defects Damage Serious damage \1\
------------------------------------------------------------------------
* * * * * * *
Bruises (Not including When removal causes When removal causes
pressure bruise and sunken a loss of more than a loss of more than
discolored areas). 5 percent of the 10 percent of the
total weight of the total weight of the
potato or when the potato or when the
area affected is area affected is
more than 5 percent more than 10
of the surface in percent of the
the aggregate (i.e. surface in the
\3/4\ inch on a 2\1/ aggregate (i.e. 1\1/
2\ inch or 6 oz. 4\ inches on a 2\1/
potato). 2\ inch or 6 oz.
Correspondingly potato).
lesser or greater Correspondingly
areas in smaller or lesser or greater
larger potatoes. areas in smaller or
larger potatoes.
[[Page 22710]]
* * * * * * *
Sprouts..................... When more than 5 When more than 10
percent of the percent of the
potatoes in any lot potatoes in any lot
have any sprout have any sprout
more than \1/4\ more than \1/2\
inch in length at inch in length at
shipping point; shipping point;
more than \1/2\ more than 1 inch in
inch in length at length at
destination; or destination; or
have numerous have numerous
individual and/or individual and/or
clusters of sprouts clusters of sprouts
which materially which seriously
detract from the detract from the
appearance of the appearance of the
potato. potato. Serious
damage by sprouts
shall only be
scored against the
U.S. Commercial and
U.S. No. 2 grades.
* * * * * * *
------------------------------------------------------------------------
\1\ The following defects are considered serious damage when present in
any degree: 1. Freezing. 2. Late blight. 3. Ring rot. 4. Southern
bacterial wilt. 5. Soft rot. 6. Wet breakdown.
Sec. 51.1565 [Amended]
9. Section 51.1565 is amended by:
A. Amending the introductory text by removing the reference ``Table
IV'', and by adding the reference ``Table VII'', in its place; and
B. Amending Table VII, by removing the column heading ``Damage
Maximum allowed'' and adding the heading ``Damage Maximum Allowed'' in
its place, and by removing the column heading ``Serious Maximum
allowed'', and by adding the column heading ``Serious Damage Maximum
Allowed'' in its place.
Dated: April 22, 2010.
David R. Shipman,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2010-9822 Filed 4-29-10; 8:45 am]
BILLING CODE 3410-02-P