83 FR 50475 - United States Standards for Grades of Pecans
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 83, Issue 195 (October 9, 2018)
Agricultural Marketing Service
Federal Register Volume 83, Issue 195 (October 9, 2018)
| Page Range | 50475-50477 | |
| FR Document | 2018-21845 |
[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)] [Rules and Regulations] [Pages 50475-50477] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21845] ======================================================================== 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. 83, No. 195 / Tuesday, October 9, 2018 / Rules and Regulations [[Page 50475]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 51 [Document Number AMS-FV-14-0101, SC-17-331] United States Standards for Grades of Pecans AGENCY: Agricultural Marketing Service, USDA. ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Agricultural Marketing Service (AMS) is amending the U.S. Standards for Grades of Shelled Pecans and the U.S. Standards for Grades of Pecans in the Shell. The revisions include replacing the term ``midget'' with ``extra small'' in the Shelled Pecan standards and removing references to plastic models of pecan kernels and information on where the color standards may be examined from both standards. DATES: This direct final rule is effective December 10, 2018; without further action or notice, unless significant adverse comment is received by November 8, 2018. If significant adverse comment is received, AMS will publish a timely withdrawal of this rule in the Federal Register. ADDRESSES: Interested persons are invited to submit written comments to the USDA, Specialty Crops Inspection Division, 100 Riverside Parkway, Suite 101, Fredericksburg, VA 22406; fax: (540) 361-1199; or at www.regulations.gov. Comments should reference the date and page number of this issue of the Federal Register, and will be made available for public inspection in the above office during regular business hours. Comments can also be viewed as submitted, including any personal information you provide, on the www.regulations.gov website. FOR FURTHER INFORMATION CONTACT: Lindsay H. Mitchell at the address above, by phone (540) 361-1120; fax (540) 361-1199; or, email [email protected]. Copies of the revised U.S. Standards for Grades of Shelled Pecans and the U.S. Standards for Grades of Pecans in the Shell are available at http://www.regulations.gov or http://www.ams.usda.gov/grades-standards/nuts. 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.'' The Agricultural Marketing Service (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 U.S. Standards for Grades of Fruits and Vegetables that no longer appear in the Code of Federal Regulations are maintained by AMS at: http://www.ams.usda.gov/grades-standards. Executive Orders 12866, 13771, and 13563 This rule is not expected to be an Executive Order 13771 regulatory action because this rule is not significant under Executive Order 12866. See the Office of Management and Budget's memorandum, ``Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017 titled `Reducing Regulation and Controlling Regulatory Costs' '' (February 2, 2017). Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. Executive Order 13175 This rule has been reviewed in accordance with the requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. The review reveals that this regulation would not have substantial and direct effects on Tribal governments nor significant Tribal implications. Executive Order 12988 This 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. In addition, on May 13, 2013, AMS received a petition from the Little People of America stating that the group is ``trying to raise awareness around and eliminate the use of the word midget.'' The petition further stated that, ``Though the use of the word midget by the USDA when classifying certain food products is benign, Little People of America, and the dwarfism community, hopes that the USDA would consider phasing out the term midget.'' Five grade standards contain the term ``midget'': U.S. Standards for Grades of Canned Lima Beans, U.S. Standards for Grades of Canned Mushrooms, U.S. Standards for Grades of Pickles, U.S. Standards for Grades of Green Olives, and U.S. Standards for Grades of Shelled Pecans. Canned lima beans, canned mushrooms, pickles, and green olives will be covered in another notice due to additional changes being made to those specific standards. Prior to developing the proposed revisions to the pecan grade standards, AMS solicited comments and suggestions about the standards from the National Pecan Shellers Association (NPSA). The NPSA recommended replacing the term ``midget'' with ``extra small.'' As part of modernizing the standards, the obsolete language regarding the purchase of plastic pecan models (PEC-MC-1) is being removed. These color standards are still in effect, but are no [[Page 50476]] longer available for purchase from the single previous manufacturer. Related information on where the color standards can be examined also will be removed as it is no longer current. A notice announcing these changes was published in the January 12, 2016, Federal Register (81 FR 1386). AMS received one comment in favor of the changes. After the comment period ended, AMS recognized that the standards for both in-shell and shelled pecans are published in the Code of Federal Regulations (7 CFR 51.1400 through 51.1416 and 51.1430 through 51.1451), even though there was no Federal marketing order for pecans at that time. The Pecan Marketing Order No. 986 became effective August 5, 2016. Therefore, AMS is providing notice and an opportunity to comment on the revised regulatory language. AMS is making the following revisions in the U.S. Standards for Grades of Shelled Pecans:Sec. 51.1436 Color classifications (b): Revised to remove reference to plastic models and address for viewing them. Sec. 51.1437 Table I: Revised to change Midget to Extra small. Sec. 51.1438 Table II and Table III: Revised to change Midget pieces to Extra small pieces. Sec. 51.1443 Particles and dust: Revised to change midget to extra small. In addition, AMS is making the following revision in the U.S. Standards for Grades of Pecans in the Shell: Sec. 51.1403 Kernel color classifications (b): Revised to remove reference to plastic models and address. Regulatory Flexibility Analysis Pursuant to the requirements set forth in the Regulatory Flexibility Act (RFA), AMS has considered the economic impact of this action on small entities. Accordingly, AMS prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions so that small businesses will not be unduly or disproportionately burdened. Small agricultural producers have been defined by the Small Business Administration (SBA) (13 CFR 121.201) as those having annual receipts of less than $750,000. Small agricultural service firms (handlers) are defined as those with annual receipts of less than $7,500,000. Considering the economic impact on small entities involves estimating whether a majority of growers and handlers in the U.S. pecan market qualify as small or large businesses. The following paragraphs explain a set of computations that achieves this goal. Almost all U.S. pecans are grown in the 15-state production area of the Federal marketing order for pecans (Marketing Order 986). There are 2,500 growers of pecans in the production area and 250 handlers subject to regulation under the marketing order. The grower number estimate was supplied by the American Pecan Council, which administers the marketing order under the oversight of USDA. The handler number estimate comes from the Secretary's Decision on promulgating the marketing order (81 FR 10140). According to data published by the National Agricultural Statistics Service (NASS), the 3-year average value of utilized pecan production for 2014 through 2016 was $591.204 million. Dividing this average value of utilized pecan production by the total number of pecan growers (2,500) provides an average return per grower estimate of $236,482, well below the SBA small business threshold of $750,000 in annual receipts. Using this average value of utilized production and grower number information, and assuming a normal bell-curve distribution of receipts among growers, the majority of growers qualify as small businesses. Evidence presented in 2015 during formal rulemaking for the pecan Federal marketing order indicated an average handler margin of $0.58 per pound. Adding the handler margin to the 2014-2016 average grower price of $2.22 per pound of inshell pecans results in an estimated handler price of $2.80 per pound. Multiplying the estimated handler price by the 3-year average utilized production figure of 266.312 million pounds yields a total value of production at the handler level of $745.7 million. Dividing this handler-level value of utilized pecan production by the number of handlers (250) results in an average return per handler of $2.98 million, well below the SBA small business threshold of $7.5 million in annual receipts. Using this estimated price, utilization volume and value, and number of handlers, and assuming a normal bell-curve distribution of receipts among handlers, the majority of handlers qualify as small businesses. The pecan standard changes are limited to modernizing grading terminology and removing language related to outdated vendor references for color standards. The pecan size standard currently known as ``midget'' will be changed to ``extra small.'' Additionally, obsolete vendor information for the pecan kernel color standards will be revised. Information regarding the purchasing of the color standards from the manufacturer is obsolete as models are no longer available. The inspection procedures and color standards will remain in effect. AMS also is removing outdated language in another section that identified where the kernel models could be viewed. The remaining language in that section identifies the four ``color intensities'' of the kernel color standards. With the adoption of this rule, current inspection methods will continue unchanged. The ``extra small'' size category will be identical to the previous ``midget'' size category; only the name will change. Renaming the size category and continuing to use the current method of applying kernel color standards will not require any significant changes in grower or handler business operations. Any additional costs to growers and handlers will be negligible. No small businesses will be unduly or disproportionately burdened. Renaming the size standard and removing outdated language helps keep grading standards current. Food grading standards provide important quality information to buyers and sellers, contributing to the efficient marketing of agricultural commodities. A 30-day comment period is provided for public comment on the changes to the U.S. Standards for Grades of Shelled Pecans and the U.S. Standards for Grades of Pecans in the Shell proposed herein. If no significant comment is received, the changes in this rule, would be implemented 30 days thereafter. 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--[AMENDED] 0 1. The authority citation for part 51 continues to read as follows: Authority: 7 U.S.C. 1621--1627. 0 2. In Sec. 51.1403, paragraph (b) is revised to read as follows: Sec. 51.1403 Kernel color classifications. * * * * * (b) U.S. Department of Agriculture kernel color standards, PEC-MC- 1, illustrate the color intensities implied by the terms ``golden,'' ``light brown,'' ``medium brown,'' and ``dark brown'' referred to in paragraph (a) of this section. 0 3. In Sec. 51.1436, paragraph (b) is revised to read as follows: Sec. 51.1436 Color classifications. * * * * * [[Page 50477]] (b) U.S. Department of Agriculture kernel color standards, PEC-MC- 1, illustrate the color intensities implied by the terms ``golden,'' ``light brown,'' ``medium brown,'' and ``dark brown'' referred to in paragraph (a) of this section. 0 4. In Sec. 51.1437, Table I is amended by removing the entry ``Midget'' and adding in its place the entry ``Extra small'' to read as follows: Sec. 51.1437 Size classifications for halves. * * * * * Table I ------------------------------------------------------------------------ Size classifications for halves Number of halves per pound ------------------------------------------------------------------------ * * * * * Extra small............................... 751 or more. ------------------------------------------------------------------------ * * * * * 0 5. In Sec. 51.1438, Table II and Table III are amended by removing the entry ``Midget pieces'' and adding in its place the entry ``Extra small pieces'' to read as follows: Sec. 51.1438 Size classifications for pieces. * * * * * Table II ------------------------------------------------------------------------ Minimum diameter (will Maximum diameter not pass (will pass through through round Size classification round opening of opening of the following diameter) following diameter) (inch) ------------------------------------------------------------------------ * * * * * * * Extra small pieces............... 3/16 inch........... 1/16 * * * * * * * ------------------------------------------------------------------------ * * * * * Table III [Percent] ---------------------------------------------------------------------------------------------------------------- Tolerance (included in total tolerance) for Total tolerance pieces smaller than Size classification for offsize ------------------------------------------------- pieces 2/16 1/16 inch ---------------------------------------------------------------------------------------------------------------- * * * * * * * Extra small pieces........................... 15 ............................... 2 * * * * * * * ---------------------------------------------------------------------------------------------------------------- 0 6. Revise Sec. 51.1443 to read as follows: Sec. 51.1443 Particles and dust. Particles and dust means, for all size designations except ``extra small pieces'' and ``granules,'' fragments of kernels which will pass through a round opening two-sixteenths inch in diameter. Dated: October 3, 2018. Bruce Summers, Administrator, Agricultural Marketing Service. [FR Doc. 2018-21845 Filed 10-5-18; 8:45 am] BILLING CODE 3410-02-P
![50475
Rules and Regulations Federal Register
Vol. 83, No. 195
Tuesday, October 9, 2018
This section of the FEDERAL REGISTER above, by phone (540) 361–1120; fax Executive Order 13175
contains regulatory documents having general (540) 361–1199; or, email This rule has been reviewed in
applicability and legal effect, most of which lindsay.mitchell@ams.usda.gov. Copies
are keyed to and codified in the Code of accordance with the requirements of
of the revised U.S. Standards for Grades Executive Order 13175, Consultation
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510. of Shelled Pecans and the U.S. and Coordination with Indian Tribal
Standards for Grades of Pecans in the Governments. The review reveals that
The Code of Federal Regulations is sold by Shell are available at http:// this regulation would not have
the Superintendent of Documents. www.regulations.gov or http:// substantial and direct effects on Tribal
www.ams.usda.gov/grades-standards/ governments nor significant Tribal
nuts. implications.
DEPARTMENT OF AGRICULTURE
SUPPLEMENTARY INFORMATION: Section Executive Order 12988
Agricultural Marketing Service
203(c) of the Agricultural Marketing Act This rule has been reviewed under
of 1946 (7 U.S.C. 1621–1627) as Executive Order 12988, Civil Justice
7 CFR Part 51
amended, directs and authorizes the Reform. It is not intended to have
[Document Number AMS–FV–14–0101, SC– Secretary of Agriculture ‘‘to develop and retroactive effect. There are no
17–331] improve standards of quality, condition, administrative procedures that must be
quantity, grade, and packaging, and exhausted prior to any judicial
United States Standards for Grades of
recommend and demonstrate such challenge to the provisions of this rule.
Pecans
standards in order to encourage Background
AGENCY: Agricultural Marketing Service, uniformity and consistency in
USDA. commercial practices.’’ AMS continuously reviews fruit and
ACTION: Direct final rule.
vegetable grade standards to assess their
The Agricultural Marketing Service effectiveness in the industry and to
(AMS) is committed to carrying out this modernize language. In addition, on
SUMMARY: The Agricultural Marketing
authority in a manner that facilitates the May 13, 2013, AMS received a petition
Service (AMS) is amending the U.S.
marketing of agricultural commodities from the Little People of America stating
Standards for Grades of Shelled Pecans
and the U.S. Standards for Grades of and makes copies of official standards that the group is ‘‘trying to raise
Pecans in the Shell. The revisions available upon request. The U.S. awareness around and eliminate the use
include replacing the term ‘‘midget’’ Standards for Grades of Fruits and of the word midget.’’ The petition
with ‘‘extra small’’ in the Shelled Pecan Vegetables that no longer appear in the further stated that, ‘‘Though the use of
standards and removing references to Code of Federal Regulations are the word midget by the USDA when
plastic models of pecan kernels and maintained by AMS at: http:// classifying certain food products is
information on where the color www.ams.usda.gov/grades-standards. benign, Little People of America, and
standards may be examined from both the dwarfism community, hopes that the
Executive Orders 12866, 13771, and
standards. USDA would consider phasing out the
13563
term midget.’’ Five grade standards
DATES: This direct final rule is effective contain the term ‘‘midget’’: U.S.
December 10, 2018; without further This rule is not expected to be an
Executive Order 13771 regulatory action Standards for Grades of Canned Lima
action or notice, unless significant Beans, U.S. Standards for Grades of
adverse comment is received by because this rule is not significant under
Executive Order 12866. See the Office of Canned Mushrooms, U.S. Standards for
November 8, 2018. If significant adverse Grades of Pickles, U.S. Standards for
comment is received, AMS will publish Management and Budget’s
memorandum, ‘‘Interim Guidance Grades of Green Olives, and U.S.
a timely withdrawal of this rule in the Standards for Grades of Shelled Pecans.
Federal Register. Implementing Section 2 of the Executive
Canned lima beans, canned mushrooms,
ADDRESSES: Interested persons are Order of January 30, 2017 titled
pickles, and green olives will be covered
invited to submit written comments to ‘Reducing Regulation and Controlling
in another notice due to additional
the USDA, Specialty Crops Inspection Regulatory Costs’ ’’ (February 2, 2017).
changes being made to those specific
Division, 100 Riverside Parkway, Suite Executive Orders 12866 and 13563
standards.
101, Fredericksburg, VA 22406; fax: direct agencies to assess all costs and Prior to developing the proposed
(540) 361–1199; or at benefits of available regulatory revisions to the pecan grade standards,
www.regulations.gov. Comments should alternatives and, if regulation is AMS solicited comments and
reference the date and page number of necessary, to select regulatory suggestions about the standards from
this issue of the Federal Register, and approaches that maximize net benefits the National Pecan Shellers Association
will be made available for public (including potential economic, (NPSA). The NPSA recommended
inspection in the above office during environmental, public health and safety replacing the term ‘‘midget’’ with ‘‘extra
amozie on DSK3GDR082PROD with RULES
regular business hours. Comments can effects, distributive impacts, and small.’’
also be viewed as submitted, including equity). Executive Order 13563 As part of modernizing the standards,
any personal information you provide, emphasizes the importance of the obsolete language regarding the
on the www.regulations.gov website. quantifying both costs and benefits, purchase of plastic pecan models (PEC–
FOR FURTHER INFORMATION CONTACT: reducing costs, harmonizing rules, and MC–1) is being removed. These color
Lindsay H. Mitchell at the address promoting flexibility. standards are still in effect, but are no
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![50476 Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Rules and Regulations
longer available for purchase from the Almost all U.S. pecans are grown in obsolete as models are no longer
single previous manufacturer. Related the 15-state production area of the available. The inspection procedures
information on where the color Federal marketing order for pecans and color standards will remain in
standards can be examined also will be (Marketing Order 986). There are 2,500 effect. AMS also is removing outdated
removed as it is no longer current. growers of pecans in the production language in another section that
A notice announcing these changes area and 250 handlers subject to identified where the kernel models
was published in the January 12, 2016, regulation under the marketing order. could be viewed. The remaining
Federal Register (81 FR 1386). AMS The grower number estimate was language in that section identifies the
received one comment in favor of the supplied by the American Pecan four ‘‘color intensities’’ of the kernel
changes. After the comment period Council, which administers the color standards.
ended, AMS recognized that the marketing order under the oversight of With the adoption of this rule, current
standards for both in-shell and shelled USDA. The handler number estimate inspection methods will continue
pecans are published in the Code of comes from the Secretary’s Decision on unchanged. The ‘‘extra small’’ size
Federal Regulations (7 CFR 51.1400 promulgating the marketing order (81 category will be identical to the
through 51.1416 and 51.1430 through FR 10140). previous ‘‘midget’’ size category; only
51.1451), even though there was no According to data published by the the name will change. Renaming the
Federal marketing order for pecans at National Agricultural Statistics Service size category and continuing to use the
that time. The Pecan Marketing Order (NASS), the 3-year average value of current method of applying kernel color
No. 986 became effective August 5, utilized pecan production for 2014 standards will not require any
2016. Therefore, AMS is providing through 2016 was $591.204 million. significant changes in grower or handler
notice and an opportunity to comment Dividing this average value of utilized business operations. Any additional
on the revised regulatory language. pecan production by the total number of costs to growers and handlers will be
AMS is making the following pecan growers (2,500) provides an negligible. No small businesses will be
revisions in the U.S. Standards for average return per grower estimate of unduly or disproportionately burdened.
Grades of Shelled Pecans: $236,482, well below the SBA small Renaming the size standard and
• § 51.1436 Color classifications (b): business threshold of $750,000 in removing outdated language helps keep
Revised to remove reference to plastic annual receipts. Using this average grading standards current. Food grading
models and address for viewing them. value of utilized production and grower standards provide important quality
• § 51.1437 Table I: Revised to change number information, and assuming a information to buyers and sellers,
Midget to Extra small. normal bell-curve distribution of contributing to the efficient marketing of
• § 51.1438 Table II and Table III: receipts among growers, the majority of agricultural commodities.
Revised to change Midget pieces to growers qualify as small businesses. A 30-day comment period is provided
Extra small pieces. Evidence presented in 2015 during for public comment on the changes to
• § 51.1443 Particles and dust: formal rulemaking for the pecan Federal the U.S. Standards for Grades of Shelled
Revised to change midget to extra small. marketing order indicated an average Pecans and the U.S. Standards for
In addition, AMS is making the handler margin of $0.58 per pound. Grades of Pecans in the Shell proposed
following revision in the U.S. Standards Adding the handler margin to the 2014– herein. If no significant comment is
for Grades of Pecans in the Shell: 2016 average grower price of $2.22 per received, the changes in this rule, would
• § 51.1403 Kernel color pound of inshell pecans results in an be implemented 30 days thereafter.
classifications (b): Revised to remove estimated handler price of $2.80 per
reference to plastic models and address. pound. Multiplying the estimated List of Subjects in 7 CFR Part 51
handler price by the 3-year average Food grades and standards, Fruits,
Regulatory Flexibility Analysis
utilized production figure of 266.312 Nuts, Reporting and recordkeeping
Pursuant to the requirements set forth million pounds yields a total value of requirements, Vegetables.
in the Regulatory Flexibility Act (RFA), production at the handler level of For reasons set forth in the preamble,
AMS has considered the economic $745.7 million. Dividing this handler- 7 CFR part 51 is amended as follows:
impact of this action on small entities. level value of utilized pecan production
Accordingly, AMS prepared this final by the number of handlers (250) results PART 51—[AMENDED]
regulatory flexibility analysis. in an average return per handler of
The purpose of the RFA is to fit $2.98 million, well below the SBA small ■ 1. The authority citation for part 51
regulatory actions to the scale of business threshold of $7.5 million in continues to read as follows:
businesses subject to such actions so annual receipts. Using this estimated Authority: 7 U.S.C. 1621—1627.
that small businesses will not be unduly price, utilization volume and value, and ■ 2. In § 51.1403, paragraph (b) is
or disproportionately burdened. Small number of handlers, and assuming a revised to read as follows:
agricultural producers have been normal bell-curve distribution of
defined by the Small Business receipts among handlers, the majority of § 51.1403 Kernel color classifications.
Administration (SBA) (13 CFR 121.201) handlers qualify as small businesses. * * * * *
as those having annual receipts of less The pecan standard changes are (b) U.S. Department of Agriculture
than $750,000. Small agricultural limited to modernizing grading kernel color standards, PEC–MC–1,
service firms (handlers) are defined as terminology and removing language illustrate the color intensities implied
those with annual receipts of less than related to outdated vendor references for by the terms ‘‘golden,’’ ‘‘light brown,’’
$7,500,000. color standards. The pecan size ‘‘medium brown,’’ and ‘‘dark brown’’
Considering the economic impact on standard currently known as ‘‘midget’’ referred to in paragraph (a) of this
amozie on DSK3GDR082PROD with RULES
small entities involves estimating will be changed to ‘‘extra small.’’ section.
whether a majority of growers and Additionally, obsolete vendor ■ 3. In § 51.1436, paragraph (b) is
handlers in the U.S. pecan market information for the pecan kernel color revised to read as follows:
qualify as small or large businesses. The standards will be revised. Information
following paragraphs explain a set of regarding the purchasing of the color § 51.1436 Color classifications.
computations that achieves this goal. standards from the manufacturer is * * * * *
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![Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Rules and Regulations 50477
(b) U.S. Department of Agriculture § 51.1437 Size classifications for halves. * * * * *
kernel color standards, PEC–MC–1, * * * * * ■ 5. In § 51.1438, Table II and Table III
illustrate the color intensities implied
by the terms ‘‘golden,’’ ‘‘light brown,’’ are amended by removing the entry
TABLE I ‘‘Midget pieces’’ and adding in its place
‘‘medium brown,’’ and ‘‘dark brown’’
referred to in paragraph (a) of this Size classifications Number of halves
the entry ‘‘Extra small pieces’’ to read as
section. for halves per pound follows:
■ 4. In § 51.1437, Table I is amended by § 51.1438 Size classifications for pieces.
removing the entry ‘‘Midget’’ and
* * * * * * * * * *
adding in its place the entry ‘‘Extra Extra small ................ 751 or more.
small’’ to read as follows:
TABLE II
Minimum
diameter
(will not pass
through round
Maximum diameter
Size classification opening
(will pass through round opening of following diameter) of the
following
diameter)
(inch)
* * * * * * *
Extra small pieces ...................................................................... 3/16 inch ..................................................................................... 1/16
* * * * * * *
* * * * *
TABLE III
[Percent]
Tolerance (included in total
Total tolerance tolerance) for pieces
Size classification for offsize smaller than
pieces
2/16 1/16 inch
* * * * * * *
Extra small pieces ............................................................................................................................. 15 .................. 2
* * * * * * *
■ 6. Revise § 51.1443 to read as follows: DEPARTMENT OF TRANSPORTATION due to untimely inboard flap retraction.
This AD requires modification of the
§ 51.1443 Particles and dust. Federal Aviation Administration slat/flap control wiring and replacement
Particles and dust means, for all size of the slat/flap control box with an
designations except ‘‘extra small pieces’’ 14 CFR Part 39 improved box. We are issuing this AD
and ‘‘granules,’’ fragments of kernels [Docket No. FAA–2018–0451; Product to address the unsafe condition on these
which will pass through a round Identifier 2017–NM–172–AD; Amendment products.
opening two-sixteenths inch in 39–19406; AD 2018–19–06] DATES: This AD is effective November
diameter. RIN 2120–AA64 13, 2018.
Dated: October 3, 2018.
The Director of the Federal Register
Airworthiness Directives; Dassault approved the incorporation by reference
Bruce Summers, Aviation Airplanes of a certain publication listed in this AD
Administrator, Agricultural Marketing as of November 13, 2018.
Service. AGENCY: Federal Aviation
Administration (FAA), Department of ADDRESSES: For service information
[FR Doc. 2018–21845 Filed 10–5–18; 8:45 am]
Transportation (DOT). identified in this final rule, contact
BILLING CODE 3410–02–P Dassault Falcon Jet Corporation,
amozie on DSK3GDR082PROD with RULES
ACTION: Final rule.
Teterboro Airport, P.O. Box 2000, South
SUMMARY: We are adopting a new Hackensack, NJ 07606; telephone 201–
airworthiness directive (AD) for certain 440–6700; internet http://
Dassault Aviation Model FALCON www.dassaultfalcon.com. You may
900EX airplanes. This AD was view this service information at the
prompted by reports of rejected take-offs FAA, Transport Standards Branch, 2200
VerDate Sep<11>2014 17:30 Oct 05, 2018 Jkt 247001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\09OCR1.SGM 09OCR1](https://thefederalregister.org/doc/83_FR_50670/page/3.svg)
Document Created: 2018-10-06 00:58:49
Document Modified: 2018-10-06 00:58:49
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This direct final rule is effective December 10, 2018; without further action or notice, unless significant adverse comment is received by November 8, 2018. If significant adverse comment is received, AMS will publish a timely withdrawal of this rule in the Federal Register. | |
| FR Citation | 83 FR 50475 | |
| CFR Associated | Food Grades and Standards; Fruits; Nuts; Reporting and Recordkeeping Requirements and Vegetables |
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