82_FR_24195 82 FR 24095 - United States Standards for Grades of Cauliflower

82 FR 24095 - United States Standards for Grades of Cauliflower

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 82, Issue 100 (May 25, 2017)

Page Range24095-24096
FR Document2017-10674

The Agricultural Marketing Service (AMS) is revising the United States Standards for Grades of Cauliflower. The revision amends the color requirement to allow all colors of cauliflower to be certified to a U.S. grade. In addition, AMS is amending the size requirement to allow curds less than 4 inches in diameter to be certified to a grade, adding marking requirements for curd sizes less than 4 inches in diameter, and removing references to an unclassified category of cauliflower.

Federal Register, Volume 82 Issue 100 (Thursday, May 25, 2017)
[Federal Register Volume 82, Number 100 (Thursday, May 25, 2017)]
[Notices]
[Pages 24095-24096]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10674]


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Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

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Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / 
Notices

[[Page 24095]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Doc. Number AMS-FV-10-0047, FV-16-330]


United States Standards for Grades of Cauliflower

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice.

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

SUMMARY: The Agricultural Marketing Service (AMS) is revising the 
United States Standards for Grades of Cauliflower. The revision amends 
the color requirement to allow all colors of cauliflower to be 
certified to a U.S. grade. In addition, AMS is amending the size 
requirement to allow curds less than 4 inches in diameter to be 
certified to a grade, adding marking requirements for curd sizes less 
than 4 inches in diameter, and removing references to an unclassified 
category of cauliflower.

DATES: Effective June 26, 2017.

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: Contact Dave Horner at the address 
above, or at phone (540) 361-1128; fax (540) 361-1199; or, email 
[email protected]. The current U.S. Standards for Grades of 
Cauliflower are available on the Specialty Crops Inspection Division 
Web site at http://www.ams.usda.gov/grades-standards/cauliflower-grades-and-standards.

SUPPLEMENTARY INFORMATION: Section 203(c) (7 U.S.C. 1622(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 
standards available upon request. The United States 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, 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 the voluntary United States Standards for Grades of 
Cauliflower using the procedures that appear in Part 36, Title 7 of the 
Code of Federal Regulations (7 CFR part 36). The cauliflower grade 
standards in Sec. Sec.  51.540 to 51.556 were last revised March 15, 
1968.

Background and Comments

    On February 9, 2012, AMS published a notice in the Federal Register 
(77 FR 6772) soliciting comments on proposed revisions to the United 
States Standards for Grades of Cauliflower. The industry expressed some 
confusion about the meaning of some of the proposed revisions and 
requested clarification. Following the comment period, AMS determined 
it would not proceed with the revisions as proposed.
    On May 9, 2016, AMS addressed the industry concerns and clarified 
the issues from the previous notice by publishing in the Federal 
Register (81 FR 28046) a second notice soliciting comments on proposed 
revisions to the United States Standards for Grades of Cauliflower. No 
comments were received on this second proposal.
    Based on the information gathered from the industry, AMS is 
revising the U.S. No. 1 cauliflower color standards by adding the 
phrase ``unless otherwise specified'' to the basic requirement for 
color in Sec.  51.540(a)(3). The phrase ``unless otherwise specified'' 
in regards to color will be interpreted as follows: When colors other 
than white, creamy white, or cream color are specified, cauliflower 
heads of those colors may be certified to a grade. Likewise, when 
designated as a mixed-color pack, one grade may be applied to all the 
cauliflower colors in the pack, not just to the curds that are white, 
creamy white, or cream color. For example, a grade may be applied to a 
pack containing a green, an orange, a purple, and a white cauliflower 
curd when specified as a mixed-color pack.
    AMS is also revising the U.S. No. 1 size provisions in Sec.  
51.540(a)(4) for cauliflower heads to read as follows: ``Size--not less 
than 4 inches in diameter, unless marked to a maximum diameter of less 
than 4 inches. Cauliflower curds marked less than four inches may not 
be comingled with cauliflower curds packed to be 4 inches and larger. 
For marking requirements see Sec.  51.556.''
    To explain the marking requirements, AMS is adding ``Sec.  51.556 
Marking Requirements,'' which reads as follows: ``When the product is 
packed to be less than 4 inches in maximum diameter, 90 percent or more 
of the master containers shall be plainly stamped, printed, labeled, or 
otherwise marked with the maximum diameter. The term `maximum' or its 
recognized abbreviation, when following a diameter size marking, means 
that the curds are of the size marked or smaller.'' The current Sec.  
51.556, Metric Conversion Table, is redesignated as Sec.  51.557.
    Furthermore, curds that are specified to be less than 4 inches in 
maximum diameter do not include cauliflower florets, since florets are 
pieces of curd and not considered small heads of cauliflower. 
Therefore, florets cannot be certified to a grade.
    Revisions to the cauliflower color and size requirements also apply 
to the U.S. Commercial grade. The U.S. Commercial grade consists of 
heads of cauliflower which meet the requirements of U.S. No. 1 grade 
except for increased defect tolerances.
    In addition, AMS is removing the ``Unclassified'' cauliflower 
category from the standards. The unclassified section is being removed 
from all standards as they are otherwise revised. This 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.
    AMS believes that permitting all colors, mixed-color packs, and 
smaller sizes of cauliflower to be certified to a grade reflects 
current marketing practices and consumer demand, and

[[Page 24096]]

will facilitate the marketing of cauliflower by providing the industry 
with more flexibility.
    The official grade of a lot of cauliflower covered by these 
standards will be determined by the procedures set forth in the 
Regulations Governing Inspection, Certification, and Standards of Fresh 
Fruits, Vegetables and Other Products (7 CFR 51.1, 7 CFR 51.61).
    The United States Standards for Grades of Cauliflower will be 
effective 30 days after publication of this notice in the Federal 
Register.

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

    Dated: May 19, 2017.
Bruce Summers,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2017-10674 Filed 5-24-17; 8:45 am]
BILLING CODE 3410-02-P



                                                                                                                                                    24095

     Notices                                                                                                       Federal Register
                                                                                                                   Vol. 82, No. 100

                                                                                                                   Thursday, May 25, 2017



     This section of the FEDERAL REGISTER                    standards of quality, condition,                      grade may be applied to all the
     contains documents other than rules or                  quantity, grade, and packaging, and                   cauliflower colors in the pack, not just
     proposed rules that are applicable to the               recommend and demonstrate such                        to the curds that are white, creamy
     public. Notices of hearings and investigations,         standards in order to encourage                       white, or cream color. For example, a
     committee meetings, agency decisions and                uniformity and consistency in                         grade may be applied to a pack
     rulings, delegations of authority, filing of
                                                             commercial practices.’’ AMS is                        containing a green, an orange, a purple,
     petitions and applications and agency
     statements of organization and functions are            committed to carrying out this authority              and a white cauliflower curd when
     examples of documents appearing in this                 in a manner that facilitates the                      specified as a mixed-color pack.
     section.                                                marketing of agricultural commodities                    AMS is also revising the U.S. No. 1
                                                             and makes copies of official standards                size provisions in § 51.540(a)(4) for
                                                             available upon request. The United                    cauliflower heads to read as follows:
     DEPARTMENT OF AGRICULTURE                               States Standards for Grades of Fruits                 ‘‘Size—not less than 4 inches in
                                                             and Vegetables not connected with                     diameter, unless marked to a maximum
     Agricultural Marketing Service                          Federal marketing orders or U.S. import               diameter of less than 4 inches.
     [Doc. Number AMS–FV–10–0047, FV–16–                     requirements no longer appear in the                  Cauliflower curds marked less than four
     330]                                                    Code of Federal Regulations, but are                  inches may not be comingled with
                                                             maintained by USDA, AMS, Specialty                    cauliflower curds packed to be 4 inches
     United States Standards for Grades of                   Crops Program, and are available on the               and larger. For marking requirements
     Cauliflower                                             Internet at http://www.ams.usda.gov/                  see § 51.556.’’
                                                             grades-standards.                                        To explain the marking requirements,
     AGENCY: Agricultural Marketing Service,                   AMS is revising the voluntary United                AMS is adding ‘‘§ 51.556 Marking
     USDA.                                                   States Standards for Grades of                        Requirements,’’ which reads as follows:
     ACTION: Notice.                                         Cauliflower using the procedures that                 ‘‘When the product is packed to be less
                                                             appear in Part 36, Title 7 of the Code of             than 4 inches in maximum diameter, 90
     SUMMARY:   The Agricultural Marketing                   Federal Regulations (7 CFR part 36). The
     Service (AMS) is revising the United                                                                          percent or more of the master containers
                                                             cauliflower grade standards in §§ 51.540              shall be plainly stamped, printed,
     States Standards for Grades of                          to 51.556 were last revised March 15,
     Cauliflower. The revision amends the                                                                          labeled, or otherwise marked with the
                                                             1968.                                                 maximum diameter. The term
     color requirement to allow all colors of
     cauliflower to be certified to a U.S.                   Background and Comments                               ‘maximum’ or its recognized
     grade. In addition, AMS is amending the                                                                       abbreviation, when following a diameter
                                                                On February 9, 2012, AMS published
     size requirement to allow curds less                                                                          size marking, means that the curds are
                                                             a notice in the Federal Register (77 FR
     than 4 inches in diameter to be certified               6772) soliciting comments on proposed                 of the size marked or smaller.’’ The
     to a grade, adding marking requirements                 revisions to the United States Standards              current § 51.556, Metric Conversion
     for curd sizes less than 4 inches in                    for Grades of Cauliflower. The industry               Table, is redesignated as § 51.557.
     diameter, and removing references to an                 expressed some confusion about the                       Furthermore, curds that are specified
     unclassified category of cauliflower.                   meaning of some of the proposed                       to be less than 4 inches in maximum
                                                             revisions and requested clarification.                diameter do not include cauliflower
     DATES: Effective June 26, 2017.
                                                             Following the comment period, AMS                     florets, since florets are pieces of curd
     ADDRESSES: Standardization Branch,                                                                            and not considered small heads of
     Specialty Crops Inspection Division,                    determined it would not proceed with
                                                             the revisions as proposed.                            cauliflower. Therefore, florets cannot be
     Specialty Crops Program, Agricultural                                                                         certified to a grade.
     Marketing Service, U.S. Department of                      On May 9, 2016, AMS addressed the
                                                             industry concerns and clarified the                      Revisions to the cauliflower color and
     Agriculture, National Training and                                                                            size requirements also apply to the U.S.
     Development Center, Riverside Business                  issues from the previous notice by
                                                             publishing in the Federal Register (81                Commercial grade. The U.S.
     Park, 100 Riverside Parkway, Suite 101,                                                                       Commercial grade consists of heads of
     Fredericksburg, VA 22406.                               FR 28046) a second notice soliciting
                                                             comments on proposed revisions to the                 cauliflower which meet the
     FOR FURTHER INFORMATION CONTACT:                                                                              requirements of U.S. No. 1 grade except
                                                             United States Standards for Grades of
     Contact Dave Horner at the address                      Cauliflower. No comments were                         for increased defect tolerances.
     above, or at phone (540) 361–1128; fax                  received on this second proposal.                        In addition, AMS is removing the
     (540) 361–1199; or, email Dave.Horner@                     Based on the information gathered                  ‘‘Unclassified’’ cauliflower category
     ams.usda.gov. The current U.S.                          from the industry, AMS is revising the                from the standards. The unclassified
     Standards for Grades of Cauliflower are                 U.S. No. 1 cauliflower color standards                section is being removed from all
     available on the Specialty Crops                        by adding the phrase ‘‘unless otherwise               standards as they are otherwise revised.
     Inspection Division Web site at http://                 specified’’ to the basic requirement for              This category is not a grade and only
     www.ams.usda.gov/grades-standards/                      color in § 51.540(a)(3). The phrase                   serves to show that no grade has been
     cauliflower-grades-and-standards.                       ‘‘unless otherwise specified’’ in regards             applied to the lot. It is no longer
     SUPPLEMENTARY INFORMATION: Section                      to color will be interpreted as follows:              considered necessary.
     203(c) (7 U.S.C. 1622(c)) of the                        When colors other than white, creamy                     AMS believes that permitting all
     Agricultural Marketing Act of 1946 (7                   white, or cream color are specified,                  colors, mixed-color packs, and smaller
     U.S.C. 1621–1627), as amended, directs                  cauliflower heads of those colors may be              sizes of cauliflower to be certified to a
     and authorizes the Secretary of                         certified to a grade. Likewise, when                  grade reflects current marketing
     Agriculture ‘‘to develop and improve                    designated as a mixed-color pack, one                 practices and consumer demand, and


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     24096                         Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Notices

     will facilitate the marketing of                        482–4682 (Italy), Kabir Archuletta at                   Scope of the Orders
     cauliflower by providing the industry                   (202) 482–2593 (Japan), Michael J.                        The merchandise covered by these
     with more flexibility.                                  Heaney at (202) 482–4475 (Korea), or                    orders is certain CTL plate. See
       The official grade of a lot of                        Tyler Weinhold (Taiwan) at (202) 482–                   Appendix A for Austria, Belgium,
     cauliflower covered by these standards                  1121, AD/CVD Operations, Enforcement                    France, Germany, and Italy, Appendix B
     will be determined by the procedures                    and Compliance, International Trade                     for Korea, Appendix C for Japan, and
     set forth in the Regulations Governing                  Administration, U.S. Department of                      Appendix D for Taiwan.
     Inspection, Certification, and Standards                Commerce, 1401 Constitution Avenue
     of Fresh Fruits, Vegetables and Other                   NW., Washington, DC 20230.                              Amendment to Final Determinations
     Products (7 CFR 51.1, 7 CFR 51.61).                     SUPPLEMENTARY INFORMATION:                                A ministerial error is defined as an
       The United States Standards for                                                                               error in addition, subtraction, or other
                                                  Background
     Grades of Cauliflower will be effective                                                                         arithmetic function, clerical error
     30 days after publication of this notice        In accordance with sections 735(d)                              resulting from inaccurate copying,
     in the Federal Register.                     and 777(i)(1) of the Tariff Act of 1930,                           duplication, or the like, and any other
                                                  as amended (the Act), and 19 CFR                                   similar type of unintentional error
        Authority: 7 U.S.C. 1621–1627.
                                                  351.210(c), on April 4, 2017, the                                  which the Secretary considers
        Dated: May 19, 2017.                      Department published its affirmative                               ministerial.3
     Bruce Summers,                               final determinations in the less-than-
     Acting Administrator, Agricultural Marketing fair-value (LTFV) investigations of CTL                            France Amended Final Determination
     Service.                                     plate from Austria, Belgium, France,                                 Pursuant to section 735(e) of the Act
     [FR Doc. 2017–10674 Filed 5–24–17; 8:45 am]  Germany, Italy, Japan, Korea, and                                  and 19 CFR 351.224(e) and (f), the
     BILLING CODE 3410–02–P                       Taiwan.1 On May 18, 2017, the ITC                                  Department is amending the France
                                                  notified the Department of its                                     Final to reflect the correction of
                                                  affirmative determination, pursuant to                             ministerial errors in the final estimated
     DEPARTMENT OF COMMERCE                       section 735(d) of the Act, that an                                 weighted-average dumping margin
                                                  industry in the United States is                                   calculated for Dillinger France S.A.
     International Trade Administration           materially injured within the meaning                              (Dillinger France). In addition, because
                                                  of section 735(b)(1)(A)(i) of the Act, by                          Dillinger France’s estimated weighted-
     [A–433–812, A–423–812, A–427–828, A–428– reason of the LTFV imports of CTL plate
     844, A–475–834, A–588–875, A–580–887, A– from Austria, Belgium, France,                                         average dumping margin is the basis for
     583–858]                                                                                                        the estimated weighted-average
                                                  Germany, Italy, Japan, Korea, and                                  dumping margin determined for all
     Certain Carbon and Alloy Steel Cut-To- Taiwan, and its determination that                                       other French producers and exporters of
     Length Plate From Austria, Belgium,          critical circumstances do not exist with                           subject merchandise, we also are
     France, the Federal Republic of              respect to imports of subject                                      revising the ‘‘all-others’’ rate in France
     Germany, Italy, Japan, the Republic of       merchandise from Austria, Belgium, and                             Final.4 5
     Korea, and Taiwan: Amended Final             Italy that are subject to the Department’s
                                                  affirmative critical circumstances                                 Germany Amended Final
     Affirmative Antidumping                                                                                         Determination
     Determinations for France, the Federal findings.
                                                              2

     Republic of Germany, the Republic of                                                                              Pursuant to section 735(e) of the Act
                                                    1 See Certain Carbon and Alloy Steel Cut-To-
     Korea and Taiwan, and Antidumping                                                                               and 19 CFR 351.224(e) and (f), the
                                                  Length Plate from Austria: Final Determination of
     Duty Orders                                  Sales at Less Than Fair Value and Final Affirmative
                                                                                                                     Department is amending the Germany
                                                             Determination of Critical Circumstances, 82 FR          Final to reflect the correction of a
     AGENCY:    Enforcement and Compliance,                  16366 (April 4, 2017); Certain Carbon and Alloy         ministerial error in the final estimated
     International Trade Administration,                     Steel Cut-To-Length Plate from Belgium: Final           weighted-average dumping margin
     Department of Commerce.                                 Determination of Sales at Less Than Fair Value and
                                                             Final Determination of Critical Circumstances, in       calculated for AG der Dillinger
     SUMMARY: Based on affirmative final                     Part, 82 FR 16378 (April 4, 2017); Certain Carbon       Hüttenwerke (Dillinger Germany). In
     determinations by the Department of                     and Alloy Steel Cut-to-Length Plate from France:        addition, because the Department
                                                             Final Determination of Sales at Less Than Fair          determined the estimated weighted-
     Commerce (the Department) and the                       Value, 82 FR 16363 (April 4, 2017) (France Final);
     International Trade Commission (the                     Certain Carbon and Alloy Steel Cut-to-Length Plate      average dumping margin for all other
     ITC), the Department is issuing                         from the Federal Republic of Germany: Final             German producers and exporters of
     antidumping duty orders on certain                      Determination of Sales at Less Than Fair Value, 82      subject merchandise based on a
                                                             FR 16360 (April 4, 2017) (Germany Final); Certain
     carbon and alloy steel cut-to-length                    Carbon and Alloy Steel Cut-to-Length Plate from
                                                                                                                     weighted-average of the respondents’
     plate (CTL plate) from Austria, Belgium,                Italy: Final Determination of Sales at Less Than Fair   estimated weighted-average dumping
     France, the Federal Republic of                         Value and Final Affirmative Determination of            margins using publicly-ranged
     Germany (Germany), Italy, Japan, the                    Critical Circumstances, 82 FR 16345 (April 4, 2017);    quantities for their sales of subject
                                                             Certain Carbon and Alloy Steel Cut-to-Length Plate
     Republic of Korea (Korea), and Taiwan.                  from Japan: Final Determination of Sales at Less
     In addition, the Department is amending                 Than Fair Value, 82 FR 16349 (April 4, 2017);           Carbon and Alloy Steel Cut-to-Length Plate from
     its final affirmative determinations with               Certain Carbon and Alloy Steel Cut-To-Length Plate      Austria, Belgium, France, Germany, Italy, Japan,
                                                             from the Republic of Korea: Final Determination of      Korea, and Taiwan Investigation Nos. 701–TA–561
     respect to France, Germany, Korea, and                                                                          and 731–TA–1317–1318, 1321–1325, and 1327
                                                             Sales at Less Than Fair Value and Final Negative
     Taiwan.                                                 Critical Circumstances Determination, 82 FR 16369       (Final) USITC Publication 4691 (May 2017) (ITC
     DATES: May 25, 2017.                                    (April 4, 2017) (Korea Final); and Certain Carbon       Report).
                                                                                                                       3 See section 735(e) of the Act and 19 CFR
                                                             and Alloy Steel Cut-To-Length Plate from Taiwan:
     FOR FURTHER INFORMATION CONTACT:                        Final Determination of Sales at Less Than Fair          351.224(f).
     Edythe Artman at (202) 482–3931                         Value and Final Negative Determination of Critical        4 See ‘‘Estimated Weighted-Average Dumping

     (Austria), Andrew Medley (202) 482–                     Circumstances Final, 82 FR 16372 (April 4, 2017)        Margins’’ section below.
     6345 (Belgium), Terre Keaton Stefanova                  (Taiwan Final).                                           5 See Memorandum, ‘‘Less-Than-Fair-Value
                                                                2 See Letter regarding CTL plate from Austria,       Investigation of Certain Carbon and Alloy Steel Cut-
     at (202) 482–1280 (France), David                       Belgium, France, Germany, Italy, Japan, Korea, and      To-Length Plate from France: Allegation of
     Goldberger at (202) 482–4136                            Taiwan Australia, Brazil, China, Indonesia, and         Ministerial Error in the Final Determination,’’ dated
     (Germany), Alice Maldonado at (202)                     Portugal (May 18, 2017) (ITC Letter). See also          April 28, 2017.



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Document Created: 2018-11-08 08:52:51
Document Modified: 2018-11-08 08:52:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesEffective June 26, 2017.
FR Citation82 FR 24095 

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