55356 Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules 

transaction is prohibited by law 

includes: 

(1) The Administration of the Antidumping and Countervailing Duty 

Statutes. 

(2) The export Trading Company Act 

Certification of Review Program. 

(3) Trade Adjustment Assistance 

Program Certification. 

(4) Foreign Trade Zones Act of 1934, 

as amended. 

(5) Statutory Import Program. 

§ 1326.220 What contracts and 

subcontracts, in addition to those listed in 

2 CFR 180.220, are covered transactions? 

In addition to the contracts covered 

under 2 CFR 180.220(b) of the OMB 

guidance, this part applies to a 

subcontract that is awarded by a 

participant in a procurement transaction 

covered under 2 CFR 180.220(a), if the 

amount of the subcontract exceeds or is 

expected to exceed $25,000. This 

extends the coverage of the Department 

of Commerce nonprocurement 

suspension and debarment requirements 

to one additional tier of contracts under 

covered nonprocurement transactions, 

as permitted under the OMB guidance at 

2 CFR 180.220(c) (see optional lower 

tier coverage in the figure in the 

Appendix to 2 CFR part 180). 

Subpart C—Responsibilities of 

Participants Regarding Transactions 

§ 1326.332 What methods must I use to 

pass requirements down to participants at 

lower tiers with whom I intend to do 

business? 

You as a participant must include a 

term or condition in lower-tier 

transactions requiring lower-tier 

participants to comply with Subpart C 

of the OMB guidance in 2 CFR Part 180, 

as supplemented by this subpart. 

Subpart D—Responsibilities of Federal 

Agency Officials Regarding 

Transactions 

§ 1326.437 What method do I use to 

communicate to a participant the 

requirements described in the OMB 

guidance at 2 CFR 180.435? 

To communicate to a participant the 

requirements described in 2 CFR 

180.435 of the OMB guidance, you must 

include a term or condition in the 

transaction that requires the 

participant’s compliance with subpart C 

of 2 CFR part 180, as supplemented by 

Subpart C of this part, and requires the 

participant to include a similar term or 

condition in lower-tier covered 

transactions. 

Subparts E–H—[Reserved] 

Subpart I—Definitions 

§ 1326.970 Nonprocurement transaction 

(Department of Commerce supplement to 

government-wide definition at 2 CFR 

180.970). 

For purposes of the Department of 

Commerce, nonprocurement transaction 

includes the following: 

(a) Joint project Agreements under 15 

U.S.C. § 1525. 

(b) Cooperative research and 

development agreements. 

(c) Joint statistical agreements. 

(d) Patent licenses under 35 U.S.C. 

§ 207. 

(e) NTIS joint ventures, 15 U.S.C. 

§ 3704b. 

Subpart J—[Reserved] 

Title 15, Commerce and Foreign Trade 

Part 26—Department of Commerce 

PART 26—[REMOVED] 

2. Remove Part 26. 

Title 15, Commerce and Foreign Trade 

PART 14—DEPARTMENT OF 

COMMERCE 

3. The authority citation for part 14 

continues to read as follows: 

Authority: 5 U.S.C. 301; OMB Circular A–

110 (64 FR 54926, October 8, 1999). 

4. Section 14.13 is amended by 

removing the citation ‘‘15 CFR Part 26’’

and adding in its place the citation ‘‘2 

CFR Part 1326’’. 

[FR Doc. 06–8022 Filed 9–21–06; 8:45 am] 

BILLING CODE 3510–FA–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 51 

[Docket Number FV–06–303] 

Potatoes; Grade Standards 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

revise the United States Standards for 

Grades of Potatoes. These standards are 

issued under the Agricultural Marketing 

Act of 1946. The use of these grading 

standards is voluntary unless potatoes 

are under a marketing order that 

provides for certain requirements set 

forth in the grade standards or the 

potatoes are subject to import 

requirements under the Agricultural 

Marketing Agreement Act of 1937. The 

changes being proposed are the results 

of the detailed work performed by the 

Joint U.S./Canadian Potato Council that 

was charged with harmonizing the U.S. 

and Canadian Potato Grade Standards. 

The purpose for this revision is to 

update and revise the standards to more 

accurately represent today’s marketing 

practices. 

DATES: Comments must be received by 

November 21, 2006. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this proposal. Comments 

must be sent to the Standardization 

Section, Fresh Products Branch, Fruit 

and Vegetable Programs, Agricultural 

Marketing Service, U.S. Department of 

Agriculture, 1400 Independence Ave., 

SW., Room 1661 South Building, Stop 

0240, Washington, DC 20250–0240; Fax 

(202) 720–8871, E-mail 

FPBDocketclerk@usda.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 submitted on the 

Internet at: http://www.regulations.gov. 

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/standards/ 

stanfrfv.htm. 

FOR FURTHER INFORMATION CONTACT: 

Cheri Emery, at the above address or 

call (202) 720–2185; E-mail 

Cheri.Emery@usda.gov. 

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. This 

rule will not preempt any state or local 

laws, regulations, or policies, unless 

they present an irreconcilable conflict 

with this rule. 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 

The Joint U.S./Canadian Council, 

which was established by the United 


jlentini on PROD1PC65 with PROPOSAL
Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules 55357 

States Secretary of Agriculture and the 

Canadian Minister of Agriculture was 

charged with harmonizing the U.S. and 

Canadian grade standards. The United 

States Standards for Grades of Potatoes 

was last revised in 1991. The Council, 

which consists of representatives from 

the industry and government, meets 

annually to discuss issues concerning 

cross border marketing and trade of 

potatoes. AMS and the Canadian Food 

Inspection Agency (CFIA) have been 

working with the Council for the past 14 

years in the harmonizing of the 

standards. To complete the 

harmonization process both the 

Canadian and U.S. grade standards 

require a revision. The revisions being 

proposed will benefit all aspects of the 

potato industry and make the standards 

current with today’s marketing trends 

and practices. 

Pursuant to the requirements set forth 

in the Regulatory Flexibility Act (RFA), 

AMS has considered the economic 

impact of this action 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 this action on 

small businesses. 

This rule will revise the U.S. 

Standards for Grades of Potatoes that 

were issued under the Agricultural 

Marketing Act of 1946. Standards issued 

under the 1946 Act are voluntary. 

Small agricultural service firms, 

which include handlers, have been 

defined by the Small Business 

Administration (SBA) (13 CFR 121.201) 

as those having annual receipts of less 

than $6,500,000, 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 2002–

2004 is $2.538 billion. Dividing that 

figure by 9,408 farms yields an average 

potato crop value per farm of just under 

$270,000. 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. 

Additional evidence comes from 

examining the Agricultural Census 

acreage breakdown more closely. Out of 

a total of 9,408 potato farms in 2002, 60 

percent were under 5 acres and 76 

percent were under 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 

2002–04 average crop value of $2.538 

billion by three-year average bearing 

acres (1.227 million), yielding an 

average potato revenue per acre estimate 

of $2,068. Dividing $750,000 by $2,068 

shows that farms with at least 363 acres 

that received at least the average price 

in 2002–04 would have produced crops 

valued at $750,000 or more, and would 

be therefore be considered large potato 

farms under the SBA definition. 

Looking at farm numbers for additional 

census size categories shows that 8,084 

potato farms (86 percent) are under 250 

acres and 8,735 (92 percent) are under 

500 acres. Since a farm with 363 acres 

of potatoes falls into middle of this 

range, it can be concluded that the 

proportion of small potato farms under 

the SBA definition is likely to be 

between 86 and 90 percent of all U.S. 

potato farms. 

This proposed rule would: Develop en 

route or at destination tolerances for the 

U.S. No. 1 and U.S. No. 2 grades, revise 

current tolerances in all grades, delete 

the ‘‘Unclassified’’ section, and define 

damage and serious damage by the 

following defects which will be added 

to Table III of the External Defects 

section: Cuts, Clipped Ends, Elephant 

Hide, Flattened or Depressed Areas/ 

Pressure Bruises, Grub Damage, 

Nematode (Root Knot), Rodent or Bird 

Damage, Russeting, Silver Scurf, Sunken 

Discolored Areas, and Surface Cracks. 

The following defects and scoring 

guidelines that are currently listed in 

Table III of the External Defects section 

would be modified to reflect current 

inspection instructions: Air Cracks, 

Bruises, External Discoloration, Flea 

Beetle Injury, Greening, Growth Cracks, 

Rhizoctonia, Pitted Scab, Russet Scab, 

Surface Scab, and Wireworm or Grass 

Damage. Also, a revision to the current 

scoring guide for sprouts is being 

proposed. In the Internal Defects 

section, Internal Black Spot would be 

revised by implementing a color chip to 

assist in the scoring of this defect. Also, 

Table IV in this section would be 

redesignated as Table 1. Additionally, a 

revised large size is being proposed as 

well as adding Chef and Creamer sizes. 

The effects of this rule are not 

expected to be disproportionately 

greater or smaller for small handlers or 

producers than for larger entities. 

This proposed action would make the 

standard more consistent and uniform 

with marketing trends and practices. 

This proposed action 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 (7 CFR part 

980). 

Alternatives were considered for this 

action. One alternative would be to not 

issue a proposed rule. However, the 

need for revisions have increased as a 

result of changing market 

characteristics. The proposal represents 

approximately 14 years of research, 

surveys, and other input from all sectors 

of the potato industry and government. 

The purpose of these proposed 

standards is to facilitate the marketing 

of agricultural commodities. 

Background and Proposed Rule 

In 1991, the Joint U.S./Canadian 

Council was established by the U.S. 

Secretary of Agriculture and the 

Canadian Minister of Agriculture to 

discuss issues concerning cross border 

marketing and trade of potatoes. The 

Council was charged with working 

towards harmonizing the U.S. and 

Canadian Potato Grade Standard. 

Government representatives from both 

countries have been providing technical 

assistance and guidance to the Council 

with regard to the interpretation of the 

standards and scoring guides of defects. 

The Council formed a Grade 

Harmonization Committee (Committee) 

to work on the harmonization of the two 

standards. The harmonization process 

was divided into several phases. The 

Committee began by focusing its 

attention on defects that could be 

harmonized with adjustments that 

would not involve a revision of the 

standards. These defects include those 

for which the scoring guides were 

defined in inspection instruction 

handbooks or ones for which the scoring 

guides are listed in the standards as 

scorable when ‘‘materially or seriously 

affecting the appearance.’’ The defining 

of ‘‘materially or seriously affecting the 

appearance’’ for certain defects will also 

provide for more uniformity with regard 

to how the U.S. standards are applied 

nationwide. The final phase of the 

harmonization process requires a 

revision to the United States Standards 

for Grades of Potatoes. 

This proposed rule would: Develop en 

route or at destination tolerances for the 


jlentini on PROD1PC65 with PROPOSAL
55358 Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules 

U.S. No. 1 and U.S. No. 2 grades, revise 

current tolerances in all grades, delete 

the ‘‘Unclassified’’ section, and define 

damage and serious damage by the 

following defects which will be added 

to Table III of the External Defects 

section: Cuts, Clipped Ends, Elephant 

Hide, Flattened or Depressed Areas/ 

Pressure Bruises, Grub Damage, 

Nematode (Root Knot), Rodent or Bird 

Damage, Russeting, Silver Scurf, Sunken 

Discolored Areas, and Surface Cracks. 

Also, the following defects and scoring 

guidelines that are currently listed in 

Table III of the External Defects section 

would be updated to better reflect 

current inspection instructions: Air 

Cracks, Bruises, External Discoloration, 

Flea Beetle Injury, Greening, Growth 

Cracks, Rhizoctonia, Pitted Scab, Russet 

Scab, Surface Scab, and Wireworm or 

Grass Damage. Also, a revision to the 

current scoring guide for sprouts is 

being proposed. In the Internal Defects 

section, Internal Black Spot would be 

revised by implementing a color chip to 

assist in the scoring of this defect. Also, 

Table IV in this section would be 

redesignated as Table 1. Additionally, a 

revised large size is being proposed as 

well as adding Chef and Creamer sizes. 

In an effort to clearly outline these 

proposed changes, the first column of 

the following chart shows the section as 

it currently reads, the second column 

shows the proposed change and the 

third column states why the change is 

being proposed: 

Current standard Proposed standard Discussion 

§ 51.1540 U.S. Extra No. 1 ................................

‘‘U.S. Extra No. 1’’ consists of potatoes 

which meet the following requirements: 

(a) Similar varietal characteristics; 

(b) Firm; 

(c) Clean; 

(d) At least fairly well matured; 

(e) Fairly well shaped, with 50 percent or 

more well shaped; 

(f) Free from; 

(1) Freezing; 

(2) Blackheart; 

(3) Late blight, southern bacterial wilt and 

ring rot; and, 

(4) Soft rot and wet breakdown. 

(g) Free from injury caused by: 

(1) Sprouts; and, 

(2) Internal defects. 

(h) Free from damage by any other cause. 

See §§ 51.1564 and 51.1565. 

(i) Size. The potatoes shall be not less 

than 21⁄4 inches in diameter or 5 ounces 

in weight and shall not vary more than 

11⁄4 inches in diameter or more than 6 

ounces in weight. 

(j) For tolerances see § 51.1546. 

§ 51.1540 (Reserved) ....................................... A deletion to the U.S. Extra No. 1 grade and 

all reference to the U.S. Extra No. 1 grade 

is being proposed as this grade is no longer 

utilized by the industry. 

§ 51.1544 Unclassified .......................................

‘‘Unclassified’’ consists of potatoes which 

have not been classified in accordance 

with any of the foregoing grades. The 

term ‘‘unclassified’’ is not a grade within 

the meaning of these standards but is 

provided as a designation to show that 

no grade has been applied to the lot. 

§ 51.1544 (Reserved) ....................................... When changing or updating standards in recent years, references to ‘‘Unclassified’’ 

have been removed in an attempt to eliminate the confusion this term creates. People have incorrectly assumed that ‘‘Unclassified’’ is an actual grade name. To avoid 

further confusion it is proposed that all references to this term be eliminated. 

§ 51.1545 Size ....................................................

(See Current Table I) 

(Revising, See Proposed Table I) ................... It is being proposed that a Chef and Creamer 

size be added to reflect current marketing 

practices. Also, being proposed is the maximum diameter or weight for the Large size 

to be 41⁄2 inches or 28 ounces based on a 

request by the Committee. 

CURRENT TABLE I 

Size designation 

Minimum 

diameter 1 or 

weight 

Maximum 

diameter 1 or 

weight 

Inches Ounces Inches Ounces 

Size A2 ...................................................................................................................... 17⁄8 (3) (3) (3) 

Size B ........................................................................................................................ 11⁄2 (3) 21⁄4 (3) 

Small .......................................................................................................................... 13⁄4 (3) 21⁄2 6 

Medium ...................................................................................................................... 21⁄4 5 31⁄4 10 

Large .......................................................................................................................... 3 10 41⁄4 16 

1 Diameter means the greatest dimension at right angles to the longitudinal axis, without regard to the position of the stem end.

2 In addition to the minimum size specified, a lot of potatoes designated as Size A shall contain at least 40 percent of potatoes which are 21⁄2

inches in diameter or larger or 6 ounces in weight or larger. 


jlentini on PROD1PC65 with PROPOSAL
Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules 55359 

3 No requirement. 

PROPOSED TABLE I 

Size designation 

Minimum 

diameter 1 or 

weight 

Maximum 

diameter 1 or 

weight 

Inches Ounces Inches Ounces 

Creamer ..................................................................................................................... 3⁄4 (3) 15⁄8 (3) 

Chef ........................................................................................................................... 23⁄4 8 41⁄2 28 

Size A2 ...................................................................................................................... 17⁄8 (3) (3) (3) 

Size B ........................................................................................................................ 11⁄2 (3) 21⁄4 (3) 

Small .......................................................................................................................... 13⁄4 (3) 21⁄2 6 

Medium ...................................................................................................................... 21⁄4 5 31⁄4 10 

Large .......................................................................................................................... 3 10 41⁄2 28 

1 Diameter means the greatest dimension at right angles to the longitudinal axis, without regard to the position of the stem end.

2 In addition to the minimum size specified, a lot of potatoes designated as Size A shall contain at least 40 percent of potatoes which are 21⁄2

inches in diameter or larger or 6 ounces in weight or larger. 3 No requirement. 

Current standard Proposed standard Discussion 

§ 51.1546 Tolerances .......................................

To allow for variations incident to proper grading and handling in each of the foregoing 

grades, the following tolerances by weight or 

equivalent basis, are provided as specified.

(a) For defects—(1) U.S. Extra No. 1. A total of 

5 percent for potatoes in any lot which fail to 

meet the requirements for the grade: Provided, That not more than two-fifths of this 

tolerance, or 2 percent, shall be allowed for 

potatoes which are affected by freezing, 

southern bacterial wilt, ring rot, late blight, 

soft rot or wet breakdown, including therein 

not more than one-half of 1 percent for potatoes which are frozen or affected by soft rot 

or wet breakdown. See § 51.1547.

(2) U.S. No. 1. 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:.

(i) 5 percent for external defects; 

(ii) 5 percent for internal defects; or, 

(iii) 3 percent for potatoes which are affected by freezing, southern bacterial 

wilt, ring rot, late blight, soft rot or wet 

breakdown, including therein not more 

than 1 percent for potatoes which are 

frozen or affected by soft rot or wet 

breakdown. See § 51.1547 

§ 51.1546 Tolerances ....................................

To allow for variations incident to proper grading and handling in each of the foregoing 

grades, the following tolerances by weight 

or equivalent basis, are provided as specified.

(a) For defects—(1) U.S. No. 1. 

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: 

(i) 5 percent for external defects; 

(ii) 5 percent for internal defects; 

(iii) including therein not more than 1 percent for potatoes which are frozen or 

affected by soft rot or wet breakdown 

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 the following percentages shall 

be allowed for the defects listed: 

(i) 7 percent for external defects; 

(ii) 7 percent for internal defects; 

(iii) Including therein not more than 2 percent for potatoes which are frozen or 

affected by soft rot or wet breakdown. 

See § 51.1547 

Due to the deletion of the U.S. Extra No. 1 

grade, paragraph (2) will be redesignated 

as paragraph (1). Based on the harmonizing of the U.S. and Canadian standard it 

is being proposed that the 3 percent restrictive tolerance for freezing, southern bacterial wilt, ring rot, late blight, soft rot or wet 

breakdown be deleted. Also, the proposed 

establishment of an ‘‘En Route or At Destination’’ tolerance to the U.S. No. 1 grade 

will be consistent with similar standards. 

(3) 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 ito 

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; or, 

(iv) 3 percent for potatoes which are affected by freezing, southern bacterial 

wilt, ring rot, late blight, soft rot or wet 

breakdown, including therein not more 

than 1 percent for potatoes which are 

frozen or affected by soft rot or wet 

breakdown. See § 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 including therein not 

more than: 

(ii) 6 percent for external defects; 

(iii) 6 percent for internal defects; or, 

(iv) Including therein not more than 1 percent for potatoes which are frozen or 

affected by soft rot or wet breakdown. 

See § 51.1547 

Due to the redesignating of paragraph (2), 

paragraph (3) will be redesignated as paragraph (2). Based on the harmonizing of the 

U.S. and Canadian standards it is being 

proposed that the 3 percent restrictive tolerance for freezing, southern bacterial wilt, 

ring rot, late blight, soft rot or wet breakdown be deleted. 


jlentini on PROD1PC65 with PROPOSAL
55360 Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules 

Current standard Proposed standard Discussion 

(4) U.S. No. 2. 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: 

(i) 6 percent for external defects; 

(ii) 6 percent for internal defects; or, 

(iii) 3 percent for potatoes which are affected by freezing, southern bacterial 

wilt, ring rot, late blight, soft rot or wet 

breakdown, including therein not more 

than 1 percent for potatoes which are 

frozen or affected by soft rot or wet 

breakdown. See § 51.1547 

(3) U.S. No. 2 ...................................................

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: 

(i) 6 percent for external defects; 

(ii) 6 percent for internal defects; 

(iii) Including therein not more than 1 percent which are frozen or affected by 

soft rot or wet breakdown 

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 the following percentages shall 

be allowed for the defects listed: 

(i) 8 percent for external defects; 

(ii) 8 percent for internal defects; 

(iii) Including therein not more than 2 percent for potatoes which are frozen or 

affected by soft rot or wet breakdown 

Due to the redesignating of paragraph (3), 

paragraph (4) will be redesignated as paragraph (3). Based on the harmonizing of the 

U.S. and Canadian standards it is being 

proposed that the 3 percent restrictive tolerance for freezing, southern bacterial wilt, 

ring rot, late blight, soft rot or wet breakdown be deleted. Also, the proposed establishment of an ‘‘En Route or At Destination’’

tolerance to the U.S. No. 2 grade will be 

consistent with similar standards. 

§ 51.1564 External Defects ..............................

AIR CRACKS 

Damage: When materially detracting from appearance of potato.

Serious Damage: When seriously detracting 

from appearance of potato.

Damage: When removal causes a loss of 

more than 5 percent of the total weight of 

the potato or when the air crack(s) affects 

more than 1⁄3 the length or diameter of the 

potato (whichever is greater) in the aggregate.

Serious Damage: When removal causes a 

loss of more than 10 percent of the total 

weight of the potato or when the air 

crack(s) affects more than 3⁄4 the length or 

diameter of the potato (whichever is greater) in the aggregate.

Adding specific scoring criteria, as currently 

defined in the inspection instructions, for 

materially and seriously detracting would 

provide an objective means of evaluating 

this defect. 

BRUISES ............................................................

Damage: When materially detracting from appearance of potato. Or, when removal 

causes loss of more than 5 percent of total 

weight of potato.

Serious Damage: When seriously detracting 

from appearance of potato. Or, when removal 

causes loss of more than 10 percent of total 

weight of potato.

BRUISES (not including pressure bruises and 

sunken discolored areas).

Damage: When materially detracting from appearance of potato or when removal causes 

loss of more than 5 percent of the total 

weight of the potato or when the area affected is more than 5 percent of the surface 

in the aggregate (i.e. 3⁄4 inch on a 21⁄2 inch 

or 6 oz. potato). Correspondingly lesser or 

greater areas in smaller or larger potatoes.

Serious Damage: When seriously detracting 

from appearance of potato or when removal 

causes a loss of more than 10 percent of 

the total weight of the potato or when the 

area affected is more than 10 percent of 

the surface in the aggregate (i.e. 11⁄4 inches 

on a 21⁄2 inch or 6 oz. potato). Correspondingly lesser or greater areas in smaller or 

larger potatoes.

Revising the scoring criteria, as currently defined in the inspection instructions, would 

provide an objective means of evaluating 

this defect. 

CUTS 

Damage: When one smooth cut affects more 

than 5 percent of the surface area.

Serious Damage: Cut(s) that affect more than 

10 percent of the surface area in the aggregate or when a single side cut extends beyond 1⁄2 the length of the potato.

Currently there is no specific scoring criteria 

for this defect in the standards. Adding this 

to the standard, as defined in the inspection 

instructions, would provide an objective 

means of evaluating this defect. 

ELEPHANT HIDE 

Damage: When affecting over 10 percent of 

the surface area of the potato.

Serious Damage: When affecting over 25 percent of the surface area.

Currently there is no specific scoring criteria 

for this defect in the standards. Adding this 

to the standard, as defined in the inspection 

instructions, would provide an objective 

means of evaluating this defect. 


jlentini on PROD1PC65 with PROPOSAL
Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules 55361 

Current standard Proposed standard Discussion 

EXTERNAL DISCOLORATION ..........................

Damage: When materially detracting from appearance of potato.

Serious Damage: When seriously detracting 

from appearance of potato.

Areas that are light tan or lighter in color and 

blends should be ignored.

Damage: When more than 30 percent of the 

surface is affected by light tan or light 

brown colors which do not blend or when 

more than 15 percent of the surface is affected by colors darker than light tan or 

light brown.

Serious Damage: When more than 60 percent 

of the surface is affected by light tan or light 

brown colors which do not blend or when 

more than 30 percent of the surface is affected by colors darker than light tan or 

light brown.

Adding specific scoring criteria, as currently 

defined in the inspection instructions, for 

‘‘materially’’ and ‘‘seriously detracting’’

would provide an objective means of evaluating this defect. 

FLATTENED OR DEPRESSED AREAS/ 

PRESSURE BRUISES 

Damage: When removal of underlying discolored flesh causes a loss of more than 5 

percent of the total weight of the potato or 

when the flattened or depressed area(s) 

covers more surface area than allowed in 

Table IV. (See Table IV.) 

Serious Damage: When removal of underlying 

discolored flesh causes a loss of more than 

10 percent of the weight of the potato or 

when the flattened depressed area(s) covers more surface area than allowed in the 

Table IV. (See Table IV.) 

Currently there is no specific scoring criteria 

for this defect in the standards. Adding this 

to the standard, as defined in the inspection 

instructions, would provide an objective 

means of evaluating this defect. 

FLEA BEATLE INJURY 

Damage: When materially detracting from appearance of potato. Or, when removal 

causes loss of more than 5 percent of total 

weight of potato.

Serious Damage: When seriously detracting 

from appearance of potato. Or, when removal 

causes loss of more than 10 percent of total 

weight of potato.

Damage: When removal causes a loss of 

more than 5 percent of the total weight of 

the potato or when the area affected is 

more than 5 percent of the surface in the 

aggregate.

Serious Damage: When removal causes a 

loss of more than 10 percent of the weight 

of the potato or when the area affected is 

more than 10 percent of the surface in the 

aggregate.

Adding specific scoring criteria, as currently 

defined in the inspection instructions, for 

‘‘materially’’ and ‘‘seriously detracting’’

would provide an objective means of evaluating this defect. 

GREENING 

Damage: When materially detracting from appearance of potato. Or, when removal 

causes loss of more than 5 percent of total 

weight of potato.

Serious Damage: When seriously detracting 

from appearance of potato. Or, when removal 

causes loss of more than 10 percent of total 

weight of potato.

Damage: When removal causes a loss of 

more than 5 percent of the total weight of 

the potato or when green color affects more 

than 25 percent of the surface in the aggregate.

Serious Damage: When removal causes a 

loss of more than 10 percent of the weight 

of the potato or when the green color affects more than 50 percent of the surface in 

the aggregate.

Adding specific scoring criteria, as currently 

defined in the inspection instructions, for 

‘‘materially’’ and ‘‘seriously detracting’’

would provide an objective means of evaluating this defect. 

GROWTH CRACKS 

Damage: When materially detracting from appearance of potato.

Serious Damage: When seriously detracting 

from appearance of potato.

Damage: When the growth crack(s) affects 

more than 1⁄2 the length of the potato in the 

aggregate on round varieties or more than 

1⁄3 the length in the aggregate on long varieties or when the depth is greater than that 

as outlined in Table V. (See Table V.) 

Serious Damage: When the growth crack(s) 

affects more than 3⁄4 the length of the potato in the aggregate or when the depth is 

greater than that as outlined in Table V. 

(See Table V.) 

Adding specific scoring criteria, as currently 

defined in the inspection instructions, for 

‘‘materially’’ and ‘‘seriously detracting’’

would provide an objective means of evaluating this defect. 

GRUB DAMAGE.


jlentini on PROD1PC65 with PROPOSAL
55362 Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules 

Current standard Proposed standard Discussion 

Damage: When removal causes a loss of 

more than 5 percent of the total weight of 

the potato or when affecting more than 5 

percent of the surface area (i.e. more than 

3⁄4 inch on a 21⁄2 inch or 6 ounce potato). 

Correspondingly lesser or greater areas in 

smaller or larger potatoes.

Serious Damage: When removal causes a 

loss of more than 10 percent of the total 

weight of the potato or when affecting more 

than 10 percent of the surface area (i.e. 

more than 3⁄4 inch on a 21⁄2 inch or 6 ounce 

potato). Correspondingly lesser or greater 

areas in smaller or larger potatoes.

Currently there is no specific scoring criteria 

for this defect in the standards. Adding this 

to the standard, as defined in the inspection 

instructions, would provide an objective 

means of evaluating this defect. 

NEMATODE (ROOT KNOT) 

Damage: When removal causes a loss of 

more than 5 percent of the total weight of 

the potato.

Serious Damage: When removal causes a 

loss of more than 10 percent of the total 

weight of the potato.

Currently there is no specific scoring criteria 

for this defect in the standards. Adding this 

to the standard, as defined in the inspection 

instructions, would provide an objective 

means of evaluating this defect. 

RHIZOCTONIA (BLACK SCURF) 

Damage: When materially detracting from appearance of potato.

Serious Damage: When seriously detracting 

from appearance of potato.

Damage: When affecting more than 15 percent of the surface in the aggregate.

Serious Damage: When affecting more than 

50 percent of the surface in the aggregate. 

Adding specific scoring criteria, as currently 

defined in the inspection instructions, for 

‘‘materially’’ and ‘‘seriously detracting’’

would provide an objective means of evaluating this defect. 

RODENT AND BIRD DAMAGE 

Damage: When removal causes a loss of 

more than 5 percent of the total weight of 

the potato or when affecting more than 5 

percent of the surface area (i.e. more than 

3⁄4 inch on a 21⁄2 inch or 6 ounce potato). 

Correspondingly lesser or greater areas in 

smaller or larger potatoes.

Serious Damage: When removal causes a 

loss of more than 10 percent of the total 

weight of the potato or when affecting more 

than 10 percent of the surface area (i.e. 

more than 3⁄4 inch on a 21⁄2 inch or 6 ounce 

potato). Correspondingly lesser or greater 

areas in smaller or larger potatoes.

Currently there is no specific scoring criteria 

for this defect in the standards. Adding this 

to the standard, as defined in the inspection 

instructions, would provide an objective 

means of evaluating this defect. 

RUSSETING (On Non Russet Type).

Damage: When more than 50 percent of the 

surface is affected in the aggregate.

Serious Damage: N/A 

Currently there is no specific scoring criteria 

for this defect in the standards. Adding this 

to the standard, as defined in the inspection 

instruction, would provide an objective 

means of evaluating this defect. 

SCAB, PITTED 

Damage: When materially detracting from appearance of potato. Or, when removal 

causes loss of more than 5 percent of total 

weight of potato.

Serious Damage: When seriously detracting 

from appearance of potato. Or, when removal 

causes loss of more than 10 percent of total 

weight of potato.

Damage: When removal causes a loss of 

more than 5 percent of the total weight of 

the potato or when scab affects an aggregate area of more than 1⁄2 inch (based on a 

potato 21⁄2 inches in diameter or 6 oz. in 

weight). Correspondingly lesser or greater 

areas in smaller or larger potatoes.

Serious Damage: When the removal causes a 

loss of more than 10 percent of the total 

weight of the potato or when scab affects 

an aggregate area of more than 1 inch 

(based on a potato 21⁄2 inches in diameter 

or 6 oz. in weight). Correspondingly lesser 

or greater areas in smaller or larger potatoes.

Adding specific scoring criteria, as currently 

defined in the inspection instructions, for 

‘‘materially’’ and ‘‘seriously detracting’’

would provide an objective means of evaluating this defect. 

SCAB, RUSSET 

Damage: When materially detracting from appearance of potato.

Serious Damage: When seriously detracting 

from appearance of potato.

Damage: When smooth russeting affects 

more than 1⁄3 of the surface or when rough 

russet scab affects more than 10 percent of 

the surface in the aggregate.

Serious Damage: When rough russeting affects more than 25 percent of the surface in 

the aggregate.

Adding specific scoring criteria, as currently 

defined in the inspection instruction, for 

‘‘materially’’ and ‘‘seriously detracting’’

would provide an objective means of evaluating this defect. 


jlentini on PROD1PC65 with PROPOSAL
Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules 55363 

Current standard Proposed standard Discussion 

SCAB, SURFACE 

Damage: When more than 5 percent of surface 

affected.

Serious Damage: When more than 25 percent 

of surface affected.

Damage: When more than 5 percent of the 

surface in the aggregate is affected.

Serious Damage: When more than 25 percent 

of the surface in the aggregate is affected.

Adding aggregate to the scoring guide will 

clarify the guide. 

SILVER SCURF 

Damage: When affecting more than 50 percent of the surface area of the potato.

Serious Damage: When its severity causes a 

wrinkling of the skin over more than 50 percent of the surface.

Currently there is no specific scoring criteria 

for this defect in the standards. Adding this 

to the standard, as defined in the inspection 

instructions, would provide an objective 

means of evaluating this defect. 

SPROUTS 

Damage: When more than 10 percent of the 

potatoes in any lot have any sprout more 

than 3⁄4 inch in length or have individual 

sprouts or cluster of sprouts which materially 

detract from the appearance of the potato.

Damage: Not more than 5 percent of the potatoes in a lot may have individual or clusters of sprouts not more than 1⁄4 inch at 

shipping point and 1⁄2 inch at destination.

Serious Damage: Not more than 10 percent 

of the potatoes in a lot may have individual 

or clusters of sprouts not more than 1⁄2 inch 

at shipping point and 1 inch at destination.

Based on the request of the committee it is 

being proposed that the scoring guide be 

revised. 

SUNKEN DISCOLORED AREAS 

SEE TABLE VI. 

Currently there is no specific scoring criteria 

for this defect in the standards. Adding this 

to the standard, as defined in the inspection 

instructions, would provide an objective 

means of evaluating this defect. 

SURFACE CRACKS Areas affected by fine 

net-like cracking should be ignored.

Damage: When smooth shallow cracking affects more than 1⁄3 of the surface or when 

rough deep cracking affects more than 5 

percent of the surface.

Serious Damage: When rough deep cracking 

affects more than 10 percent of the surface.

Currently there is no specific scoring criteria 

for this defect in the standards. Adding this 

to the standard, as defined in the inspection 

instructions, would provide an objective 

means of evaluating this defect. 

WIREWORM OR GRASS DAMAGE 

Damage: When any hole in a potato 21⁄2 inches 

in diameter or 6 ounces in weight is more 

than 3⁄4 inch long, or when the aggregate 

length of all holes is more than 11⁄4 inches, 

or correspondingly shorter or longer holes in 

smaller or larger potatoes.

Serious Damage: When any hole in a potato 

21⁄2 inches in diameter or 6 ounces in weight 

is more than 11⁄2 inches long, or when the 

aggregate length of all holes is more than 2 

inches, or correspondingly shorter or longer 

holes in smaller or larger potatoes.

Damage: When affecting the flesh of the potato and removal causes a loss of more 

than 5 percent of the total weight of the potato.

Serious Damage: When affecting the flesh of 

the potato and removal causes a loss of 

more than 10 percent of the total weight of 

the potato.

Based on the request of the committee it is 

being proposed that the scoring guide be 

revised. 

INTERNAL BLACK SPOT 

Damage: Maximum Allowed 5 percent waste ....

Serious Damage: Maximum Allowed 10 percent 

waste.

Damage: When the spot(s) are darker than 

the official color chip (POT–CC–2) after removing 5 percent of the total weight of the 

potato.

Serious Damage: When the spot(s) are darker 

than the official color chip (POT–CC–2) 

after removing 10 percent of the total 

weight of the potato.

AMS is proposing to implement color chip 

POT–CC–2 into the scoring criteria for internal black spot. AMS developed this color 

chip at the request of the industry to assist 

in the scoring of this defect. POT–CC–2 is 

available for review at the Fresh Products 

Branch, Fruit and Vegetable Programs, 

AMS, South Building, Washington, DC or 

any of the Fresh Product Branch Field offices. 

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. 

§ 51.1540 [Removed and reserved] 

2. Remove and reserve § 51.1540. 

§ 51.1544 [Removed and reserved] 

3. Remove and reserve § 51.1544 . 

§ 51.1545 [Amended] 

4. In § 51.1545, Table I is revised to 

read as follows: 

§ 51.1545 Size. 

* * * * * 


jlentini on PROD1PC65 with PROPOSAL
55364 Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules 

TABLE I 

Size designation 

Minimum diameter 1 or 

weight 

Maximum diameter 1 or 

weight 

Inches Ounces Inches Ounces 

Creamer ........................................................................................................................... 3⁄4 (3) 15⁄8 (3) 

Chef ................................................................................................................................. 23⁄4 8 41⁄2 28 

Size A2 ............................................................................................................................. 17⁄8 (3) (3) (3) 

Size B .............................................................................................................................. 11⁄2 (3) 21⁄4 (3) 

Small ................................................................................................................................ 13⁄4 (3) 21⁄2 6 

Medium ............................................................................................................................ 21⁄4 5 31⁄4 10 

Large ................................................................................................................................ 3 10 41⁄2 28 

1 Diameter means the greatest dimension at right angles to the longitudinal axis, without regard to the position of the stem end.

2 In addition to the minimum size specified, a lot of potatoes designated as Size A shall contain at least 40 percent of potatoes which are 21⁄2

inches in diameter or larger or 6 ounces in weight or larger. 3 No requirement. 

* * * * * 

§ 51.1546 [Amended] 

5. In § 51.1546, paragraph (a) is 

revised to read as follows: 

§ 51.1546 Tolerances. 

* * * * * 

(a) For defects—(1) U.S. No. 1 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: 

(i) 5 percent for external defects; 

(ii) 5 percent for internal defects; 

(iii) Including therein not more than 

1 percent for potatoes which are frozen 

or affected by soft rot or wet breakdown. 

(2) 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 the 

following percentages shall be allowed 

for the defects listed: 

(i) 7 percent for external defects; 

(ii) 7 percent for internal defects; 

(iii) Including therein not more than 

2 percent for potatoes which are frozen 

or affected by soft rot or wet breakdown. 

See § 51.1547. 

(3) 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; or, 

(iv) Including therein not more than 1 

percent for potatoes which are frozen or 

affected by soft rot or wet breakdown. 

See § 51.1547. 

(4) U.S. No. 2 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: 

(i) 6 percent for external defects; 

(ii) 6 percent for internal defects; 

(iii) Including therein not more than 

1 percent for potatoes which are frozen 

or affected by soft rot or wet breakdown. 

(5) 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 the 

following percentages shall be allowed 

for the defects listed: 

(i) 8 percent for external defects; 

(ii) 8 percent for internal defects; 

(iii) Including therein not more than 

2 percent for potatoes which are frozen 

or affected by soft rot or wet breakdown. 

See § 51.1547. 

* * * * * 

§ 51.1564 [Amended] 

6. In § 51.1564, Table III is revised 

and a new Table IV, Table V, and Table 

VI are added to read as follows: 

§ 51.1564 External defects. 

* * * * * 

TABLE III.—EXTERNAL DEFECTS

Defect Damage Serious damage 

Air Cracks ............................ When removal causes a loss of more than 5 percent of 

the total weight of the potato or when the air crack(s) 

affects more than 1⁄3 the length or diameter of the 

potato (whichever is greater) in the aggregate.

When removal causes a loss of more than 10 percent 

of the total weight of the potato or when the air 

crack(s) affects more than 3⁄4 the length or diameter 

of the potato (whichever is greater) in the aggregate. 

Artificial Coloring .................. When unsightly or when concealing any defect causing 

damage or when penetrating the flesh and removal 

causes loss of more than 5 percent of total weight of 

potato.

When concealing a serious defect or when penetrating 

into the flesh and removal causes loss of more than 

10 percent of total weight of potato. 

Bruises (Not including pressure bruise and sunken 

discolored areas).

When materially detracting from appearance of potato 

or when removal causes a loss of more than 5 percent of the total weight of the potato or when the 

area affected is more than 5 percent of the surface in 

the aggregate (i.e. 3⁄4 inch on a 21⁄2 inch or 6 oz. potato). Correspondingly lesser or greater areas in 

smaller or larger potatoes.

When seriously detracting from appearance of potato or 

when removal causes a loss of more than 10 percent 

of the total weight of the potato or when the area affected is more than 10 percent of the surface in the 

aggregate (i.e. 11⁄4 inches on a 21⁄2 inch or 6 oz. potato). Correspondingly lesser or greater areas in 

smaller or larger potatoes. 

Cuts ...................................... When one smooth cut affects more than 5 percent of 

the surface area.

Cut(s) that affect more than 10 percent of the surface 

area in the aggregate or when a single side cut extends beyond 1⁄2 the length of the potato. 


jlentini on PROD1PC65 with PROPOSAL
Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules 55365 

TABLE III.—EXTERNAL DEFECTS—Continued 

Defect Damage Serious damage 

Dirt ........................................ When materially detracting from the appearance of the 

potato.

When seriously detracting from the appearance of the 

potato. 

Elephant Hide ...................... When affecting over 10 percent of the surface area of 

the potato.

When affecting over 25 percent of the surface area. 

Enlarged Lenticels ............... When materially detracting from the appearance of the 

potato.

When seriously detracting from the appearance of the 

potato. 

External Discoloration 

(Areas that are light tan or 

lighter in color and blends 

should be ignored.).

When more than 30 percent of the surface is affected 

by light tan or light brown colors which do not blend 

or when more than 15 percent of the surface is affected by colors darker than light tan or light brown.

When more than 60 percent of the surface is affected 

by light tan or light brown colors which do not blend 

or when more than 30 percent of the surface is affected by colors darker than light tan or light brown. 

Flattened or Depressed 

Areas/Pressure Bruises.

When removal of underlying discolored flesh causes a 

loss of more than 5 percent of the total weight of the 

potato or when the flattened or depressed area(s) 

covers more surface area than allowed in Table IV. 

(See Table IV.).

When removal of underlying discolored flesh causes a 

loss of more than 10 percent of the weight of the potato or when the flattened depressed area(s) covers 

more surface area than allowed in the Table IV. (See 

Table IV.) 

Flea Beetle Injury ................. When materially detracting from the appearance or 

when removal causes a loss of more than 5 percent 

of the total weight of the potato or when the area affected is more than 5 percent of the surface in the 

aggregate.

When seriously detracting from the appearance of the 

potato or when removal causes a loss of more than 

10 percent of the weight of the potato or when the 

area affected is more than 10 percent of the surface 

in the aggregate. 

Greening .............................. When removal causes a loss of more than 5 percent of 

the total weight of the potato or when green color affects more than 25 percent of the surface in the aggregate.

When removal causes a loss of more than 10 percent 

of the weight of the potato or when green color affects more than 50 percent of the surface in the aggregate. 

Growth Cracks ..................... When the growth crack(s) affects more than 1⁄2 the 

length of the potato in the aggregate on round varieties or more than 1⁄3 the length in the aggregate on 

long varieties; or, when the depth is greater than that 

as outlined in Table V. (See Table V.).

When the growth crack(s) affects more than 3⁄4 the 

length of the potato in the aggregate or when the 

depth is greater than that as outlined in Table V. 

(See Table V.) 

Grub Damage ...................... When removal causes a loss of more than 5 percent of 

the total weight of the potato or when affecting more 

than 5 percent of the surface area (i.e. more than 3⁄4

inch on a 21⁄2 inch or 6 ounce potato). Correspondingly lesser or greater areas in smaller or larger potatoes.

When removal causes a loss of more than 10 percent 

of the total weight of the potato or when affecting 

more than 10 percent of the surface area (i.e. more 

than 3⁄4 inch on a 21⁄2 inch or 6 ounce potato). Correspondingly lesser or greater areas in smaller or 

larger potatoes. 

Insects or Worms ................. (See Serious Damage.) .................................................. When present inside the potato. 

Nematode (Root Knot) ......... When removal causes loss of more than 5 percent of 

total weight of potato.

When removal causes loss of more than 10 percent of 

total weight of potato. 

Rhizoctonia .......................... When affecting more than 15 percent of the surface in 

the aggregate.

When affecting more than 50 percent of the surface in 

the aggregate. 

Rodent or Bird Damage ....... When removal causes a loss of more than 5 percent of 

the total weight of the potato or when affecting more 

than 5 percent of the surface area (i.e. more than3⁄4

inch on a 21⁄2 inch or 6 ounce potato). Correspondingly lesser or greater areas in smaller or larger potatoes.

When removal causes a loss of more than 10 percent 

of the total weight of the potato or when affecting 

more than 10 percent of the surface area (i.e. more 

than 3⁄4 inch on a 21⁄2 inch or 6 ounce potato). Correspondingly lesser or greater areas in smaller or 

larger potatoes. 

Russeting (On Non Russet 

Type).

When more than 50 percent of the surface is affected 

in the aggregate.

N/A 

Scab, Pitted .......................... When removal causes a loss of more than 5 percent of 

the total weight of the potato or when scab affects an 

aggregate area of more than 1⁄2 inch. (Based on a 

potato 21⁄2 inches in diameter or 6 oz. in weight.) 

Correspondingly lesser or greater areas in smaller or 

larger potatoes.

When the removal causes a loss of more than 10 percent of the total weight of the potato or when scab 

affects an aggregate area of more than 1 inch. 

(Based on a potato 21⁄2 inches in diameter or 6 oz. in 

weight.) Correspondingly lesser or greater areas in 

smaller or larger potatoes. 

Scab, Russet ........................ Smooth and affecting more than 1⁄3 of the surface or 

rough russet scab which affects more than 10 percent of the surface in the aggregate.

Rough and affecting more than 25 percent of the surface in the aggregate. 

Scab, Surface ...................... When more than 5 percent of the surface in the aggregate is affected.When more than 25 percent of the surface in the aggregate is affected. 

Second Growth .................... When materially detracting from the appearance of the 

potato.

When seriously detracting from the appearance of the 

potato. 

Silver Scurf ........................... When affecting more than 50 percent of the surface 

area of the potato.

When its severity causes a wrinkling of the skin over 

more than 50 percent of the surface. 

Sprouts ................................. Not more than 5 percent of the potatoes in a lot may 

have individual or clusters of sprouts not more than 

1⁄4 inch at shipping point and 1⁄2 inch at destination.

Not more than 10 percent of the potatoes in a lot may 

have individual or clusters of sprouts not more than 

1⁄2 inch at shipping point and 1 inch at destination. 

Sunburn ............................... When removal causes loss of more than 5 percent of 

total weight of potato.

When removal causes loss of more than 10 percent of 

total weight of potato. 

Sunken Discolored Areas .... See Table VI ................................................................... See Table VI. 


jlentini on PROD1PC65 with PROPOSAL
55366 Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules 

TABLE III.—EXTERNAL DEFECTS—Continued 

Defect Damage Serious damage 

Surface Cracks (Areas affected by fine net-like 

cracking should be ignored).

When smooth shallow cracking affects more than 1⁄3 of 

the surface or when rough deep cracking affects 

more than 5 percent of the surface.

When rough deep cracking affects more than 10 percent of the surface. 

Wireworm or Grass Damage When affecting the flesh of the potato and removal 

causes loss of more than 5 percent of total weight of 

potato.

When affecting the flesh of the potato and removal 

causes loss of more than 10 percent of total weight 

of potato. 

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. 

TABLE IV.—FLATTENED OR DEPRESSED AREAS—PRESSURE BRUISES MAXIMUM AREA ALLOWED

Diameter Weight No. 1 (aggregate area) No. 2 (aggregate area) 

Potato is: Potato is: Not more than: Not more than: 

Less than 2 in ......................... Less than 4 oz ....................... 1⁄2 in ....................................... 1 in. 

2 to 21⁄2 in ............................... 4 to 6 oz ................................ 1 in ......................................... 11⁄2 in. 

More than 21⁄2 to 3 in ............. More than 6 to 8 oz ............... 11⁄4 in ..................................... 13⁄4 in. 

More than 3 to 31⁄2 in ............. More than 8 to 14 oz ............. 11⁄2 in ..................................... 17⁄8 in. 

More than 31⁄2 to 4 in ............. More than 14 to 20 oz ........... 13⁄4 in ..................................... 2 in. 

More than 4 to 41⁄2 in ............. More than 20 to 28 oz ........... 2 in ......................................... 21⁄4 in. 

More than 41⁄2 to 5 in ............. More than 28 to 36 oz ........... 21⁄4 in ..................................... 23⁄4 in. 

More than 5 in ........................ More than 36 oz .................... 21⁄2 in ..................................... 31⁄4 in. 

TABLE V.—DEPTH ALLOWED FOR GROWTH CRACKS

Diameter Weight No. 1 

(depth) 

No. 2 

(depth) 

Potato is: Potato is: Not more than: Not more than: 

Less than 2 in ......................... Less than 4 oz ....................... 1⁄8 in ....................................... 1⁄4 in. 

2 to 21⁄2 in ............................... 4 oz to 6 oz ........................... 1⁄4 in ....................................... 3⁄8 in. 

More than 21⁄2 to 3 in ............. More than 6 oz to 8 oz .......... 3⁄8 in ....................................... 1⁄2 in. 

More than 3 in ........................ More than 8 oz ...................... 1⁄2 in ....................................... 5⁄8 in. 

TABLE VI.—SUNKEN DISCOLORED AREAS MAXIMUM AREA ALLOWED

Diameter Weight No. 1 

(aggregate area) 

No. 2 

(aggregate area) 

Potato is: Potato is: Not more than: Not more than: 

Less than 2 in ......................... Less than 4 oz ....................... 3⁄8 in ....................................... 3⁄4 in. 

2 to 21⁄2 in ............................... 4 to 6 oz ................................ 3⁄4 in ....................................... 1 in. 

More than 21⁄2 to 3 in ............. More than 6 to 8 oz ............... 1 in ......................................... 11⁄4 in. 

More than 3 to 31⁄2 in ............. More than 8 to 14 oz ............. 11⁄4 in ..................................... 11⁄2 in. 

More than 31⁄2 to 4 in ............. More than 14 to 20 oz ........... 11⁄2 in ..................................... 13⁄4 in. 

More than 4 to 41⁄2 in ............. More than 20 to 28 oz ........... 13⁄4 in ..................................... 2 in. 

More than 41⁄2 to 5 in ............. More than 28 to 36 oz ........... 2 in ......................................... 21⁄4 in. 

More than 5 in ........................ More than 36 oz .................... 21⁄4 in ..................................... 21⁄2 in. 

7. In § 51.1565, Table IV is 

redesignated as Table I and revised to 

read as follows: 

§ 51.1565 Internal defects. 

* * * * * 

TABLE I.—INTERNAL DEFECTS

Defects Damage 

maximum allowed 

Serious damage 

maximum allowed 

Occurring outside of or not entirely confined to the vascular ring 

Ingrown Sprouts, Internal Discoloration, Vascular Browning, Fusarium Wilt, Net Necrosis, 

Other Necrosis, Stem End Browning 

5 percent waste ............................................... 10 percent waste. 


jlentini on PROD1PC65 with PROPOSAL
Federal Register / Vol. 71, No. 184 / Friday, September 22, 2006 / Proposed Rules 55367 

TABLE I.—INTERNAL DEFECTS—Continued 

Defects Damage 

maximum allowed 

Serious damage 

maximum allowed 

Internal Black Spot ............................................. When the spot(s) are darker than the official 

color chip (POT–CC–2) after removing 5 

percent of the total weight of the potato. 

When the spot(s) are darker than the official 

color chip (POT–CC–2) after removing 10 

percent of the total weight of the potato. 

Occurring entirely within the vascular ring 

Hollow Heart or Hollow Heart with Discoloration. Area affected not to exceed that of a circle 1⁄2

inch in diameter in a potato 21⁄2 inches in 

diameter or 6 ounces in weight.1

Area affected not to exceed that of a circle 3⁄4

inch in diameter in a potato 21⁄2 inches in 

diameter or 6 ounces in weight.1

Light Brown Discoloration (Brown Center). Area affected not to exceed that of a circle 1⁄2

inch in diameter in a potato 21⁄2 inches in 

diameter or 6 ounces in weight.1

Area affected not to exceed that of a circle 3⁄4

inch in diameter in a potato 21⁄2 inches in 

diameter or 6 ounces in weight.1

Internal Brown Spot and Similar Discoloration 

(Heat Necrosis). 

Not more than the equivalent of 3 scattered 

spots 1⁄8 inch in diameter in a potato 21⁄2

inches in diameter or 6 ounces in weight.1

Not more than the equivalent of 6 scattered 

spots 1⁄8 inch in diameter in a potato 21⁄2

inches in diameter or 6 ounces in weight.1

1 Note: Correspondingly lesser or greater areas in smaller or larger potatoes. 

Dated: September 14, 2006. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 06–7819 Filed 9–21–06; 8:45 am] 

BILLING CODE 3410–02–M 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 51 

[Docket Number FV–06–304] 

United States Standards for Grades of 

Table Grapes (European or Vinifera 

Type) 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: The Agricultural Marketing 

Service (AMS) of the Department of 

Agriculture (USDA), is proposing a 

revision to the voluntary United States 

Standards for Grades of Table Grapes 

(European or Vinifera Type). Two 

industry associations requested the 

standards be modified by adding a 10 

percent allowance for shattered grapes 

in consumer containers for shipment 

that are en route or at destination. The 

standards provide industry with a 

common language and a uniform basis 

for trading, thus promoting the orderly 

and efficient marketing of European or 

Vinifera Type table grapes. 

DATES: Comments must be received by 

November 21, 2006. 

ADDRESSES: Interested persons are 

invited to submit written comments to 

the Standardization Section, Fresh 

Products Branch, Fruit and Vegetable 

Programs, Agricultural Marketing 

Service, U.S. Department of Agriculture, 

1400 Independence Ave., SW., Room 

1661 South Building, Stop 0240, 

Washington, DC 20250–0240; fax (202) 

720–8871; e-mail 

FPB.DocketClerk@usda.gov. Comments 

should make reference to the dates 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. The 

United States Standards for Grades of 

Table Grapes (European or Vinifera 

Type) are available either through the 

address cited above or by accessing the 

AMS, Fresh Products Branch Web site 

at: http://www.ams.usda.gov/fv/ 

fpbcheck.htm. 

FOR FURTHER INFORMATION CONTACT: 

Cheri L. Emery, at the above address, 

telephone number (202) 720–2185, or email address Cheri.Emery@usda.gov. 

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 standards 

available upon request. 

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. This 

rule will not preempt any State or local 

laws, regulations, or policies, unless 

they present an irreconcilable conflict 

with this rule. 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), 

AMS has considered the economic 

impact of this action 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 this action on 

small businesses. Comments also are 

specifically requested on the number 

and size of producers and handlers of 

table grapes in United States. 

This rule will revise the U.S. 

Standards for Grades of Table Grapes 

(European or Vinifera Type) that were 

issued under the Agricultural Marketing 

Act of 1946. Standards issued under the 

1946 Act are voluntary. 

According to the National 

Agricultural Statistics Service (NASS) 

report of the 2002 Census of 

Agriculture, there are 23,856 grape 

farms in the United States. Using 

additional data from the Noncitrus 

Fruits and Nuts 2005 Summary, total 

fresh utilization of grapes was 995,370 

tons. Furthermore, the price per ton for 

grapes in 2005 was $570.00 and the 

value of grape utilized as fresh was 

$567,523,000. Based on the number of 

farms (23,856), the average producer 

revenue from the sale of fresh grapes is 


jlentini on PROD1PC65 with PROPOSAL