81_FR_51447 81 FR 51297 - U.S. Standards for Grades of Fresh Fruits and Vegetables, Fruits and Vegetables for Processing, Nuts, and Specialty Crops

81 FR 51297 - U.S. Standards for Grades of Fresh Fruits and Vegetables, Fruits and Vegetables for Processing, Nuts, and Specialty Crops

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 81, Issue 150 (August 4, 2016)

Page Range51297-51298
FR Document2016-18451

The Agricultural Marketing Service (AMS) of the U.S. Department of Agriculture (USDA) is revising 41 U.S. Standards for Grades of fresh fruits and vegetables, fruits and vegetables for processing, nuts, and specialty crops by removing the ``Unclassified'' category from each standard. This revision brings these grade standards in line with other recently amended standards and current terminology. The change also updates the standards to more accurately represent today's marketing practices and provide the industry with greater flexibility.

Federal Register, Volume 81 Issue 150 (Thursday, August 4, 2016) 
[Federal Register Volume 81, Number 150 (Thursday, August 4, 2016)]
[Rules and Regulations]
[Pages 51297-51298]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18451]



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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. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

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Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / 
Rules and Regulations

[[Page 51297]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 51

[Doc. Number AMS-FV-14-0090, FV-16-327]


U.S. Standards for Grades of Fresh Fruits and Vegetables, Fruits 
and Vegetables for Processing, Nuts, and Specialty Crops

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final notice.

-----------------------------------------------------------------------

SUMMARY: The Agricultural Marketing Service (AMS) of the U.S. 
Department of Agriculture (USDA) is revising 41 U.S. Standards for 
Grades of fresh fruits and vegetables, fruits and vegetables for 
processing, nuts, and specialty crops by removing the ``Unclassified'' 
category from each standard. This revision brings these grade standards 
in line with other recently amended standards and current terminology. 
The change also updates the standards to more accurately represent 
today's marketing practices and provide the industry with greater 
flexibility.

DATES: September 6, 2016.

ADDRESSES: Standardization Branch, Specialty Crops Inspection Division, 
Specialty Crops Program, Agricultural Marketing Service, U.S. 
Department of Agriculture, National Training and Development Center, 
Riverside Business Park, 100 Riverside Parkway, Suite 101, 
Fredericksburg, VA 22406.

FOR FURTHER INFORMATION CONTACT: Olivia Vernon, Standardization Branch, 
Specialty Crops Inspection Division, at the address above or by 
telephone at (540) 361-2743; fax (540) 361-1199; or, email 
[email protected]. The current U.S. Standards for Grades are 
available on the AMS Web site at http://www.ams.usda.gov/grades-standards.

SUPPLEMENTARY INFORMATION: Section 203(c) of the Agricultural Marketing 
Act of 1946 (7 U.S.C. 1621-1627), as amended, directs and authorizes 
the Secretary of Agriculture ``to develop and improve standards of 
quality, condition, quantity, grade and packaging, and recommend and 
demonstrate such standards in order to encourage uniformity and 
consistency in commercial practices.'' AMS is committed to carrying out 
this authority in a manner that facilitates the marketing of 
agricultural commodities and makes copies of official grade standards 
available upon request. The U.S. Standards for Grades of Fruits and 
Vegetables not connected with Federal Marketing Orders or U.S. import 
requirements no longer appear in the Code of Federal Regulations (CFR), 
but are maintained by USDA, AMS, Specialty Crops Program, and are 
available on the Internet at http://www.ams.usda.gov/grades-standards.
    AMS is revising these voluntary U.S. standards for grades using the 
procedures in part 36, title 7 of the Code of Federal Regulations (7 
CFR part 36).

Background

    AMS is eliminating the ``Unclassified'' section in 41 U.S. grade 
standards that were issued under the Agricultural Marketing Act of 
1946.
    The fresh fruit and vegetable grade standards covered by these 
changes are: Sweet anise, lima beans, beets, Brussels sprouts, cabbage, 
cucumbers, endive, garlic, collard greens or broccoli greens, mustard 
greens and turnip greens, horseradish roots, greenhouse leaf lettuce, 
mushrooms, common green onions, onion sets, parsnips, fresh peas, 
southern peas, rhubarb, romaine, bunched shallots, spinach plants, 
summer squash, turnips or rutabagas, dewberries and blackberries, 
American (eastern type) grapes, juice grapes (European or vinifera 
type), and raspberries.
    In the Proposed Notice, AMS inadvertently included celery, honey 
dew and honey ball type melons, Persian limes, summer and fall pears, 
and winter pears in this rulemaking. The grade standards for these 
commodities are published in the CFR at 7 CFR part 51 whereas the 
standards for the 41 commodities addressed here are not published in 
the CFR. AMS ultimately intends to remove celery, honey dew and honey 
ball type melons, Persian limes, summer and fall pears, and winter 
pears standards from the CFR. At that time, the ``Unclassified'' 
section will be removed from the grade standards for celery, honey dew 
and honey ball type melons, Persian limes, summer and fall pears, and 
winter pears. The fresh fruit and vegetable for processing grade 
standards covered by these changes are spinach, berries, blueberries, 
red sour cherries for manufacture, sweet cherries for canning or 
freezing, cranberries for processing, currants, raspberries, growers' 
stock strawberries for manufacture, and washed and sorted strawberries 
for freezing.
    The nut and specialty crops grade standards covered by these 
changes are: Brazil nuts in the shell, cut peonies in the bud, and 
tomato plants.
    AMS continually reviews all fruit, vegetable, nut and specialty 
crop grade standards to ensure their usefulness to the industry. AMS 
determined that the ``Unclassified'' section should be eliminated from 
the aforementioned 41 U.S. Standards for Grade as the category is not a 
grade and only serves to show that no grade has been applied to the 
lot. It is no longer considered necessary.
    On September 9, 2015, AMS published a Proposed Notice in the 
Federal Register (80 FR 53021) soliciting comments on removing the term 
``Unclassified'' from the standards. Seven comments were received by 
November 2, 2015, the closing date of the public comment period, from 
six private citizens and one individual associated with a U.S. 
university.
    The six private citizen commenters supported the revisions as a 
positive step forward for the USDA that will offer produce companies 
and everyday shoppers a clearer idea of the quality of produce they are 
purchasing. The final commenter suggested that making this change to 
the standards would create the need for additional grades and 
categories to cover all variants with in different commodities. The 
USDA stands by its decision to remove the unclassified category because 
there is no evidence of use of the category by industry, and for the 
reason that commodities would fall into one of the established grades 
currently listed in the standards.
    Based on the information gathered, AMS is removing the 
``Unclassified'' category from the aforementioned U.S.

[[Page 51298]]

Standards for Grade. The revision brings these grade standards in line 
with other recently amended standards and current terminology, and 
updates the standards to more accurately represent today's marketing 
practices and provide the industry with greater flexibility.

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

    Dated: July 29, 2016.
Elanor Starmer,
Administrator, Agricultural Marketing Service.
[FR Doc. 2016-18451 Filed 8-3-16; 8:45 am]
BILLING CODE 3410-02-P

51297 Rules and Regulations Federal Register Vol. 81, No. 150 Thursday, August 4, 2016 This section of the FEDERAL REGISTER SUPPLEMENTARY INFORMATION: Section Persian limes, summer and fall pears, contains regulatory documents having general 203(c) of the Agricultural Marketing Act and winter pears standards from the applicability and legal effect, most of which of 1946 (7 U.S.C. 1621–1627), as CFR. At that time, the ‘‘Unclassified’’ are keyed to and codified in the Code of amended, directs and authorizes the section will be removed from the grade Federal Regulations, which is published under Secretary of Agriculture ‘‘to develop and standards for celery, honey dew and 50 titles pursuant to 44 U.S.C. 1510. improve standards of quality, condition, honey ball type melons, Persian limes, The Code of Federal Regulations is sold by quantity, grade and packaging, and summer and fall pears, and winter the Superintendent of Documents. Prices of recommend and demonstrate such pears. The fresh fruit and vegetable for new books are listed in the first FEDERAL standards in order to encourage processing grade standards covered by REGISTER issue of each week. uniformity and consistency in these changes are spinach, berries, commercial practices.’’ AMS is blueberries, red sour cherries for committed to carrying out this authority manufacture, sweet cherries for canning DEPARTMENT OF AGRICULTURE in a manner that facilitates the or freezing, cranberries for processing, marketing of agricultural commodities currants, raspberries, growers’ stock Agricultural Marketing Service and makes copies of official grade strawberries for manufacture, and standards available upon request. The washed and sorted strawberries for 7 CFR Part 51 U.S. Standards for Grades of Fruits and freezing. [Doc. Number AMS–FV–14–0090, FV–16– Vegetables not connected with Federal The nut and specialty crops grade 327] Marketing Orders or U.S. import standards covered by these changes are: requirements no longer appear in the Brazil nuts in the shell, cut peonies in U.S. Standards for Grades of Fresh Code of Federal Regulations (CFR), but the bud, and tomato plants. Fruits and Vegetables, Fruits and are maintained by USDA, AMS, AMS continually reviews all fruit, Vegetables for Processing, Nuts, and Specialty Crops Program, and are vegetable, nut and specialty crop grade Specialty Crops available on the Internet at http:// standards to ensure their usefulness to www.ams.usda.gov/grades-standards. the industry. AMS determined that the AGENCY: Agricultural Marketing Service, AMS is revising these voluntary U.S. USDA. ‘‘Unclassified’’ section should be standards for grades using the eliminated from the aforementioned 41 ACTION: Final notice. procedures in part 36, title 7 of the Code U.S. Standards for Grade as the category of Federal Regulations (7 CFR part 36). is not a grade and only serves to show SUMMARY: The Agricultural Marketing Service (AMS) of the U.S. Department of Background that no grade has been applied to the Agriculture (USDA) is revising 41 U.S. lot. It is no longer considered necessary. AMS is eliminating the Standards for Grades of fresh fruits and ‘‘Unclassified’’ section in 41 U.S. grade On September 9, 2015, AMS vegetables, fruits and vegetables for standards that were issued under the published a Proposed Notice in the processing, nuts, and specialty crops by Agricultural Marketing Act of 1946. Federal Register (80 FR 53021) removing the ‘‘Unclassified’’ category The fresh fruit and vegetable grade soliciting comments on removing the from each standard. This revision brings standards covered by these changes are: term ‘‘Unclassified’’ from the standards. these grade standards in line with other Sweet anise, lima beans, beets, Brussels Seven comments were received by recently amended standards and current sprouts, cabbage, cucumbers, endive, November 2, 2015, the closing date of terminology. The change also updates garlic, collard greens or broccoli greens, the public comment period, from six the standards to more accurately mustard greens and turnip greens, private citizens and one individual represent today’s marketing practices horseradish roots, greenhouse leaf associated with a U.S. university. and provide the industry with greater lettuce, mushrooms, common green The six private citizen commenters flexibility. onions, onion sets, parsnips, fresh peas, supported the revisions as a positive southern peas, rhubarb, romaine, step forward for the USDA that will DATES: September 6, 2016. offer produce companies and everyday bunched shallots, spinach plants, ADDRESSES: Standardization Branch, summer squash, turnips or rutabagas, shoppers a clearer idea of the quality of Specialty Crops Inspection Division, dewberries and blackberries, American produce they are purchasing. The final Specialty Crops Program, Agricultural (eastern type) grapes, juice grapes commenter suggested that making this Marketing Service, U.S. Department of (European or vinifera type), and change to the standards would create Agriculture, National Training and raspberries. the need for additional grades and Development Center, Riverside Business In the Proposed Notice, AMS categories to cover all variants with in Park, 100 Riverside Parkway, Suite 101, inadvertently included celery, honey different commodities. The USDA Fredericksburg, VA 22406. dew and honey ball type melons, stands by its decision to remove the FOR FURTHER INFORMATION CONTACT: Persian limes, summer and fall pears, unclassified category because there is no Olivia Vernon, Standardization Branch, and winter pears in this rulemaking. evidence of use of the category by Specialty Crops Inspection Division, at The grade standards for these industry, and for the reason that ehiers on DSK5VPTVN1PROD with RULES the address above or by telephone at commodities are published in the CFR commodities would fall into one of the (540) 361–2743; fax (540) 361–1199; or, at 7 CFR part 51 whereas the standards established grades currently listed in the email olivia.vernon@ams.usda.gov. The for the 41 commodities addressed here standards. current U.S. Standards for Grades are are not published in the CFR. AMS Based on the information gathered, available on the AMS Web site at http:// ultimately intends to remove celery, AMS is removing the ‘‘Unclassified’’ www.ams.usda.gov/grades-standards. honey dew and honey ball type melons, category from the aforementioned U.S. VerDate Sep<11>2014 13:37 Aug 03, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\04AUR1.SGM 04AUR1

51298 Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Rules and Regulations Standards for Grade. The revision brings FOR FURTHER INFORMATION CONTACT: formulation of marketing agreements these grade standards in line with other Melissa Schmaedick, Senior Marketing and orders (7 CFR part 900). The recently amended standards and current Specialist; Telephone: (202) 557–4783, marketing order is authorized under terminology, and updates the standards Fax: (435) 259–1502, or Michelle section 8(c) of the Act. Notice of this to more accurately represent today’s Sharrow, Rulemaking Branch Chief; hearing was published in the Federal marketing practices and provide the Telephone: (202) 720–2491, Fax: (202) Register on July 2, 2015. industry with greater flexibility. 720–8938, or Email: The proposal was submitted for Authority: 7 U.S.C. 1621–1627. Melissa.Schmaedick@ams.usda.gov or consideration to the Department on May Michelle.Sharrow@ams.usda.gov. 22, 2015, by the American Pecan Board Dated: July 29, 2016. Small businesses may request (Board), a proponent group established Elanor Starmer, information on this proceeding by in 2013 to represent the interests of Administrator, Agricultural Marketing contacting Antoinette Carter, Marketing growers and handlers throughout the Service. Order and Agreement Division, fifteen-state production area. A [FR Doc. 2016–18451 Filed 8–3–16; 8:45 am] Specialty Crops Program, AMS, USDA, subsequent, modified draft of the BILLING CODE 3410–02–P 1400 Independence Avenue SW., Stop regulatory text was submitted on June 0237, Washington, DC 20250–0237; 10, 2015. Telephone: (202) 720–2491, Fax: (202) The order provides the pecan industry DEPARTMENT OF AGRICULTURE 720–8938, or Email: Antoinette.Carter@ with tools to assist the industry in ams.usda.gov. addressing a number of challenges, Agricultural Marketing Service SUPPLEMENTARY INFORMATION: Prior including: a lack of organized documents in this proceeding: Notice of representation of industry-wide 7 CFR Part 986 Hearing issued on June 26, 2015, and interests in a single organization; a lack published in the July 2, 2015, issue of of accurate data to assist the industry in [Docket No. AO–FV–15–0139; AMS–FV–15– its analysis of production, demand and 0023; FV15–986–1] the Federal Register (80 FR 38021); Recommended Decision and prices; a lack of coordinated domestic Opportunity to File Written Exceptions promotion or research; and a forecasted Pecans Grown in the States of issued on October 20, 2015, and increase in production as a result of new Alabama, Arkansas, Arizona, published in the October 28, 2015, issue plantings. California, Florida, Georgia, Kansas, Upon the basis of evidence Louisiana, Missouri, Mississippi, North of the Federal Register (80 FR 66372); and Secretary’s Decision and introduced at the hearing and the record Carolina, New Mexico, Oklahoma, thereof, the Administrator of AMS on South Carolina, and Texas; Order Referendum Order issued on February 22, 2016, and published in the February October 20, 2015, filed with the Hearing Regulating Handling Clerk, USDA, a Recommended Decision 29, 2016, issue of the Federal Register AGENCY: Agricultural Marketing Service, (81 FR 10138). and Opportunity to File Written USDA. This administrative action is governed Exceptions thereto by November 27, ACTION: Final rule. by the provisions of sections 556 and 2015. No exceptions were filed. That 557 of title 5 of the United States Code document also announced AMS’s intent SUMMARY: This rule establishes a and, therefore, is excluded from the to request approval of new information marketing agreement and order (order) requirements of Executive Orders collection requirements to implement for pecans grown in the states of 12866, 13563, and 13175. Notice of this the program. Written comments on the Alabama, Arkansas, Arizona, California, rulemaking action was provided to proposed information collection Florida, Georgia, Kansas, Louisiana, tribal governments through USDA’s requirements were due by December 28, Missouri, Mississippi, North Carolina, Office of Tribal Relations; no comments 2015. None were filed. New Mexico, Oklahoma, South have been received. However, USDA provided two Carolina, and Texas. The order provides conforming changes to the order Preliminary Statement language as published in the authority to collect industry data and to conduct research and promotion The marketing agreement and order Recommended Decision. These activities. In addition, the order regulating the handling of pecans grown conforming changes replaced the word provides authority for the industry to in the states of Alabama, Arkansas, ‘‘redefining’’ in § 986.55 (c)(6) with recommend grade, quality and size Arizona, California, Florida, Georgia, ‘‘reestablishment,’’ and the word regulation, as well as pack and Kansas, Louisiana, Missouri, ‘‘redefining’’ in § 986.33(b) with container regulation, subject to approval Mississippi, North Carolina, New ‘‘reestablishment,’’ thereby conforming by the Department of Agriculture Mexico, Oklahoma, South Carolina, and to the terminology used in § 986.58. (USDA). The program will be financed Texas is based on the record of public Further, USDA provided a correction by assessments on handlers of pecans hearing held July 20 through July 21, to the Regulatory Flexibility Act (RFA) grown in the production area and will 2015, in Las Cruces, New Mexico; July analysis published in the Recommended be locally administered, under USDA 23 through July 24, 2015, in Dallas, Decision. The RFA incorrectly oversight, by a Council of seventeen Texas; and, July 27 through July 29, referenced a Small Business growers and shellers (handlers) 2015, in Tifton, Georgia. The hearing Administration (SBA) threshold of $7 nominated by the industry and was held to receive evidence on the million in annual receipts to identify appointed by USDA. marketing order from growers, handlers, small handler entities, while hearing and other interested parties located testimony correctly identified a $7.5 DATES: This rule is effective August 5, throughout the production area. The million threshold. ehiers on DSK5VPTVN1PROD with RULES 2016. hearing was held pursuant to the The specifics of these corrections ADDRESSES:Marketing Order and provisions of the Agricultural Marketing were addressed in the Secretary’s Agreement Division, Specialty Crops Agreement Act of 1937, as amended (7 Decision and Referendum Order issued Program, AMS, USDA, 1400 U.S.C. 601–674), hereinafter referred to on February 22, 2016, and published in Independence Avenue SW., Stop 0237, as the ‘‘Act,’’ and the applicable rules of the February 29, 2016, issue of the Washington, DC 20250–0237. practice and procedure governing the Federal Register. VerDate Sep<11>2014 13:37 Aug 03, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\04AUR1.SGM 04AUR1


Document Created: 2016-08-04 02:53:10
Document Modified: 2016-08-04 02:53:10
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal notice.
DatesSeptember 6, 2016.
ContactOlivia Vernon, Standardization Branch,
FR Citation81 FR 51297 
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