43430 Federal Register / Vol. 62, No. 156 / Wednesday, August 13, 1997 / Rules and Regulations

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 29, 31, 32, 36, 52, 53, 54,

and 58

[Docket Number FV–95–303]

Removal of U.S. Grade Standards and

Other Selected Regulations

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This document amends an

interim final rule that removed certain

voluntary U.S. grade standards and

other selected regulations covering a

number of agricultural commodities

from the Code of Federal Regulations

(CFR). This rule will remove standards

that had been retained pending

completion of rulemaking at the time

the interim final rule was published,

reinstate the U.S. standards for

Wisconsin Cigar-Binder Tobacco, and

regulations related to the purchase of

samples of wool and of mohair grades.

Lastly, this rule will add a new part

titled ‘‘Procedures by Which the

Agricultural Marketing Service

Develops, Revises, Suspends, or

Terminates Voluntary Official Grade

Standards.’’ These procedures reflect

the steps that were discussed in the

original interim rule concerning the

procedures that AMS will follow when

developing, revising, suspending, or

terminating voluntary U.S. grade

standards. This action is part of the

National Performance Review Program

to eliminate unnecessary regulations

and improve those that remain in force.

DATES: Effective date: August 13, 1997.

Comments must be received by October

14, 1997.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this interim final rule.

Comments must be submitted in

duplicate, signed, include the address of

the sender, and should note the date

and page number of this issue of the

Federal Register. Commentors are

encouraged to include definitive

information which explains and

supports their views. Written comments

may be mailed to Eric Forman, Deputy

Director, Fruit and Vegetable Division,

USDA, AMS, Room 2085–S, P.O. Box

96456, Washington, DC 20090–6456.

Comments will be available for public

inspection during regular business

hours in Room 2085—South Building;

14th Street and Independence Avenue,

SW., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Eric

Forman, Deputy Director, Fruit and

Vegetable Division, USDA, AMS, Room

2085–S, P.O. Box 96456, Washington,

DC 20090–6456, (202) 690–0262.

SUPPLEMENTARY INFORMATION: This

regulatory action is being taken as part

of the National Performance Review

program to eliminate unnecessary

regulations and improve those that

remain in force.

Executive Order 12866

The Department of Agriculture

(Department) is issuing this rule in

conformance with Executive Order

12866.

Executive Order 12988

This rule has been reviewed under

Executive Order 12988, Civil Justice

Reform. This rule is not intended to

have preemptive effect with respect to

any State or local laws, regulations, or

policies unless they present an

irreconcilable conflict with this rule.

This rule is not intended to have

retroactive effect. There are no

administrative procedures which must

be exhausted prior to any judicial

challenge to this rule or the application

of its provisions.

Effect on Small Entities

This action was reviewed under the

Regulatory Flexibility Act (RFA) (5

U.S.C. 601 et seq.). The Administrator of

AMS has determined that this action

will not have a significant economic

impact on a substantial number of 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.

The United States standards issued or

revised pursuant to the Agricultural

Marketing Act, and issued thereunder,

are administered under the direction of

the Administrator of AMS and, as in the

past, will be based on input from

interested parties, including various

industries which are mostly comprised

of small entities as defined by the Small

Business Administration (13 CFR

121.601). Other users of the various

standards are government agencies

including USDA’s Farm Services

Agency and the Foreign Agricultural

Service.

Removal of voluntary standards and

other selected regulations covering a

number of agricultural commodities

from the CFR is expected to benefit the

affected industries because it will

provide for more timely improvement in

the standards in accordance with the

procedures included in this interim

final rule. Notice of any actions as to the

development, revision, suspension or

termination of U.S. standards will be

published in the Federal Register for

comment to ensure that all interested

parties, including small businesses as

well as the general public, have an

opportunity to have their views

considered regarding any actions taken

concerning the U.S. grade standards.

This action amends an interim final

rule that previously removed most of

the voluntary U.S. grade standards and

other selected regulations covering a

number of agricultural commodities

(dairy products, tobacco, wool, mohair,

fresh and processed fruits and

vegetables, livestock, meats and meat

products, eggs, and poultry and rabbit

products) from the CFR. This interim

final rule will: Remove those standards

from the CFR that had been retained

pending completion of rulemaking at

the time the interim final rule was

published; reinstate in the CFR the U.S.

standards for Wisconsin Cigar-Binder

Tobacco (U.S. Types 54 and 55); and,

reinstate in the CFR those regulations

related to the purchase of samples of

grades of wool and of mohair. The U.S.

standards for grades of wool and mohair

will be maintained in AMS and not as

published regulations in the CFR.

Lastly, this rule will specify a new CFR

part titled ‘‘Procedures by Which the

Agricultural Marketing Service

Develops, Revises, Suspends, or

Terminates Voluntary Official Grade

Standards.’’ These procedures reflect

the steps that were discussed in the

original interim rule concerning the

procedures that AMS will follow when

developing, revising, suspending, or

terminating U.S. grade standards.

Paperwork Reduction Act

In accordance with the provisions of

the Paperwork Reduction Act, the

information collection requirements

contained in the provisions to be

amended have been previously

approved by the Office of Management

and Budget.

Background

The Secretary of Agriculture is

authorized under various statutes to

provide various services to provide

Federal grading/certification services

and to develop and establish efficient

marketing methods and practices of

agricultural commodities. The ultimate

goal for more than 75 years, AMS has

facilitated the marketing of agricultural

commodities by developing official U.S.

grade standards which provide a

uniform language that may be used to

describe the characteristics of more than

450 commodities as valued by the

marketplace. These standards are
Federal Register / Vol. 62, No. 156 / Wednesday, August 13, 1997 / Rules and Regulations 43431

widely used in private contracts,

government procurement, marketing

communication and, for some

commodities, consumer information.

Although use of most of the U.S.

standards is voluntary, they have

through the years been promulgated as

regulations and codified in the CFR.

Rapid changes in consumer preferences,

together with associated changes in

commodity characteristics, processing

technology, and marketing practices

have often out paced the revision of

existing or, the issuance of new

regulations. As a result, the marketplace

has been in some instances burdened

with outdated trading language. The

President’s regulatory review initiative

has provided the impetus to develop

new approaches to meet more

effectively the needs of U.S. industry,

government agencies, and consumers by

reducing the regulatory burden. As part

of this initiative, AMS determined that

certain regulations that were in the CFR

which could be administered under the

authority of AMS should be removed

from the CFR.

With this objective, on December 4,

1995, AMS published an interim final

rule with a request for comments that

removed most of the voluntary U.S.

standards and related regulations from

the CFR. This action included all the

standards except those that at the time

were in rulemaking, incorporated by

reference in marketing orders/

agreements appearing at 7 CFR Parts 900

through 999, or those used to implement

government price supports. Those grade

standard regulations have remained in

the CFR, even though the text will also

be available as AMS standards along

with all other grade standards.

On March 11, 1996, in response to

requests by representatives of the dairy

and meat industries, USDA published a

notice in the Federal Register (61 FR

9589–9590) that it would reopen and

extend the comment period until July

10, 1996. The industry association

comments asked for more time to

evaluate how the changes AMS was

initiating would impact their respective

industries.

Twenty one comments were received

from interested persons in connection

with the interim final rule. These

comments were received from a variety

of industry representatives including

trade associations, a food processor, a

State department of agriculture and

other interested persons. The majority of

comments were commodity specific and

are addressed on an AMS divisional

basis with regard to the appropriate

commodity topic. For example, nine

comments were received concerning the

wool and mohair standards and are

discussed under the paragraph heading

Livestock and Seed Division. Several

comments discussed in general the

removal of standards from the CFR.

The American Meat Institute

expressed its concern as to what would

be required of AMS with regard to new

or revised standards. They questioned

the AMS responsibility to solicit input

from industry when developing and

revising U.S. grade standards if the

standards are not published in the CFR.

They question whether AMS would

follow the same procedures as provided

under the Administrative Procedures

Act (APA) (5 U.S.C. 551 et seq.). The

APA provides for the public to

participate in rulemaking by

commenting on proposed rules. The

American Meat Institute requested

assurance that AMS still be required to

publish actions involving U.S. standards

in the Federal Register for comment.

The AMS procedures described in the

interim final rule provided for

interested persons to have the

opportunity to comment on actions

involving U.S. grade standards and to

have their views considered.

Accordingly, taking into consideration

the comments received on the December

4, 1995, interim final rule, this rule will

establish the ‘‘Procedures By Which The

Agricultural Marketing Service

Develops, Revises, Suspends, or

Terminates Voluntary Official Grade

Standards’’ in 7 CFR Part 36. This action

will set forth in the regulations, the

procedures the agency will follow that

provide for public comment and will be

considered by AMS before formal action

is taken on a proposal even though the

standards would not be published in the

CFR. In addition to providing for AMS

to solicit comments through the Federal

Register, this rule will set forth the

procedures that AMS will follow when

developing a new standard or when

revising existing standards. This action

will also ensure that the commodity

divisions in AMS follow the same

procedures in developing and

maintaining official U.S. grade

standards for dairy, fresh and processed

fruits and vegetables, livestock, meats

and meat products, eggs, poultry and

rabbit products, tobacco, wool, mohair

and other agricultural products. As has

been longstanding practice, the

standards for the various commodities

will be administered by the respective

commodity divisions within AMS.

Several additional comments were

received that were not commodity,

product or division specific. Two

commentors, including a food service

distributor, and other interested

persons, objected to the removal of the

U.S. standards from the CFR because

they liked the convenience of all of the

standards being available from a single

source from the government or most

libraries. AMS agrees that the standards

should be readily available and believes

that the procedures provided for in this

rule will accomplish that objective. In

addition to paper copies which are

readily available from the individual

commodity divisions, AMS will provide

the standards in a number of formats,

including electronic format (computer

diskettes or cd rom). In March 1997, the

U.S. grade standards for commodities

administered under AMS were posted

on the Internet. Therefore any

individual or organization with access

to the Internet can currently view, copy

or print copies of the standards from the

Internet (http://www.ams.usda.gov/

standards).

Comments from the National

Association of Perishable Agricultural

Receivers, the American Frozen Food

Institute, and Division of Inspection

Services with the Department of Food

and Agriculture for the State of

California supported AMS in its efforts

of streamlining government and

working to ensure that the services it

provides are responsive to the industry

it serves.

When the December 4, 1995, interim

final rule was published it was

organized by AMS commodity division

since each division is basically

commodity, products, or product group

specific. This arrangement provided

industries or others with specific

commodity interest with an easier

understanding of what changes were

being initiated. Likewise, commodity

specific responses to the interim final

rule are being separated by commodity

division. The following discusses the

comments received on the interim final

rule, the agencies response to the

various comments, the action being

taken in response to those comments,

and the standards this rule will remove

from the CFR that were in the

rulemaking process at the time the

December 4 interim final rule was

published and would be subject to

removal from the CFR at a later time.

Tobacco Division

One comment was received

concerning tobacco. The Northern

Wisconsin Cooperative Tobacco Pool

Incorporated of Wisconsin requested

that the grade standards for Wisconsin

Cigar-Binder Tobacco be retained in the

CFR because the cooperative uses that

standard as a part of their price support

program. The agency agrees, this

standard is a part of the USDA price

support program and this rule will

reinstate the ‘‘Official Standard Grades
43432 Federal Register / Vol. 62, No. 156 / Wednesday, August 13, 1997 / Rules and Regulations

for Wisconsin Cigar-Binder Tobacco

(U.S. Types 54 and 55)’’ in their original

location, sections 29.6001-6161 of 7 CFR

Part 29.

Livestock and Seed Division

The wool and mohair standards (7

CFR Parts 31 and 32, respectively)

removed under the interim final rule

from the CFR included language

authorizing the collection of fees for sets

of standard samples depicting the

various grades. Since the Agency had

not for sometime graded product under

these standards and believed that the

standards were no longer being used,

the decision was made to drop the

standards completely.

This action elicited nine comments

from a variety of industry trade

associations (Mohair Council of

America, Empire Sheep Producers

Association, Inc., American Sheep

Industry Association, Inc., Utah Wool

Marketing Association, U.S. Wool

Marketing Association, Inc., and

American Textile Manufacturers

Institute) and other interested persons.

All of the commentors pointed out that,

although there was no official grading of

wool or mohair, the grades and

standards were cited in contracts for

trading of wool and mohair and were

used as a basis for establishing prices.

Also, AMS Market News reports of wool

and mohair trading cited the grades as

the basis for explaining price

differentials. Several commentors

asserted that without the official grade

standards there would be no basis for

settling claims in cases where the

quality of product delivered was in

dispute. Accordingly AMS will reinstate

the U.S. standards for grades of wool

and for mohair as official U.S. standards

that will be maintained in AMS along

with the other voluntary commodity

standards. As for the sections of those

standards relevant to the fees and for

method of purchasing ‘‘standard

samples’’ of wool and of mohair, those

regulations will be reinstated in their

original location in sections 31.400–402

of 7 CFR Part 31 and sections 32.400–

403 of 7 CFR Part 32, respectively.

The following U.S. standards were

retained in the CFR because they were

in rulemaking at the time the interim

final rule was published. This rule will

remove those standards from the CFR.

Standards being removed

from the CFR

7 Part 53 .......... Livestock (Grading, Certification, and Standards).

Subpart B—Standards.

53.201–206 ...... Cattle.

Standards being removed

from the CFR

7 Part 54 .......... Meats, Prepared Meats,

and Meat Products

(Grading, Certification,

and Standards).

Subpart B—Standards.

54.102–107 ...... Carcass beef.

Fruit and Vegetable Division (Processed

Products Branch)

One comment was received from the

National Food Processors Association

(NFPA) expressing particular interest in

the voluntary U.S. grade standards for

canned and frozen fruits, vegetables,

and juices administered by the Fruit and

Vegetable Division’s Processed Products

Branch. The NFPA supported the action

taken in the interim final rule.

The following U.S. standards were

retained in the CFR because they were

in rulemaking at the time the interim

final rule was published. This rule will

remove those standards from the CFR.

Standards being removed

from the CFR

7 Part 52 .......... Processed Fruits and

Vegetables, Processed

Products thereof, and

Certain Other Processed

Food Products.

52.721–729 ...... Subpart—United States

Standards for Grades of

Frozen Cauliflower.

52.1511–1520 .. Subpart—United States

Standards for Grades of

Frozen Okra.

52.1661–1674 .. Subpart—United States

Standards for Grades of

Frozen Field Peas and

Frozen Black-eye Peas.

52.2321–2330 .. Subpart—United States

Standards for Grades of

Frozen Green Beans and

Frozen Wax Beans.

Dairy Division

Three dairy trade associations

(American Dairy Products Institute,

International Dairy Foods Association,

and National Milk Producers

Federation) responded during the

comment period. Each association

opposed the removal of dairy product

grade standards from the CFR. The

following reasons were provided for this

opposition:

1. The dairy industry is uniquely

regulated and differs from other AMS

industries in that several Federal

agencies govern virtually every aspect

relating to the production, processing,

and marketing of dairy products.

Because of this extensive government

involvement, the dairy industry relies

on the CFR as a central source for all

relevant federal regulations.

Several Federal agencies have roles

with respect to the manner in which

milk and milk products are marketed in

the United States. However, these roles

do not substantially differ from other

products for which AMS also provides

quality grade standards. Any reliance on

the CFR as a central source of U.S. grade

standards will not significantly change

with the removal of AMS grade

standards. This action only affects the

voluntary standards developed by AMS

and does not affect requirements of

other Federal agencies. This action will

enhance the process for keeping grade

standards current by permitting AMS to

develop and revise standards more

quickly and efficiently in response to

the changing needs of the dairy industry

and the consumer.

A concern of AMS is to provide

information to the public in a timely

manner. The CFR is updated and

published annually. Therefore,

standards published in the CFR do not

necessarily provide the most current

information since new standards may be

developed and existing standards may

be revised throughout the year. Up-todate printed standards are currently

available from AMS and will soon also

be available by electronic access. This

approach enhances the availability of

updated information and lessens the

possibility that existing standards have

been changed or new standards have not

been included in the currently available

CFR.

2. Dairy product grade standards serve

unique marketing functions for the dairy

industry and should not be removed

from the CFR. In instances where dairy

products are used as ingredients, buyers

use grade standards to describe

ingredient quality and identify desired

product characteristics. Manufacturers

of these ingredients provide certification

that their product meets the appropriate

requirements of a grade standard. Also,

in instances where grade identification

is displayed on consumer-ready

product, local manufacturers who

manufacture non-brand product are able

to communicate quality to the

consumer.

AMS grade standards often play a key

role in the marketing of agricultural

products, both for the manufacturer and

the consumer. AMS grade standards

will still exist, will be readily

accessible, and will continue to meet

the requirements of the industry and the

consumer. Only their annual

publication in the CFR will be affected.

In order to maximize the effectiveness

of these standards, they must keep pace

with changes in technology as well as

user and consumer preferences. The

National Performance Review program
Federal Register / Vol. 62, No. 156 / Wednesday, August 13, 1997 / Rules and Regulations 43433

has provided the opportunity to

reconsider the manner in which grade

standards are developed and revised.

This action enhances the ability of AMS

to more efficiently address industry and

consumer needs. This should improve

the effectiveness of dairy standards for

companies that use them to define

ingredient quality and to communicate

finished-product quality to consumers.

3. The current system of publication

of all relevant regulations in the CFR,

with notice of all changes to those

regulations published in the Federal

Register, is the most efficient means of

bridging the gap between the regulated

industry and the government regulators.

Publication in the Federal Register

informs the public of actions that are

being considered or implemented

concerning the development or revision

of grade standards. This has been done

with proposed rule and final rule

publication in the Federal Register.

With the removal of grade standards

from the CFR, the manner in which

AMS notifies the public of these

considerations and action will not

change significantly since publication in

the Federal Register will still occur.

AMS is publishing in this amended

interim final rule procedures that

provide for Federal Register publication

of proposed actions with request for

public comment, as well as publication

of the final action taken by AMS. AMS

will publish these actions as notices in

the Federal Register and will continue

to provide for public participation.

4. The removal of AMS quality grade

standards from the CFR would not

support the National Performance

Review initiative to eliminate

regulations, but merely shift these

standards from the CFR to another

document. This action would increase

the work of Government officials and

require the creation of a new AMS

publication. In addition, it is unclear

how the Government will realize

savings and increased efficiencies.

The President’s regulatory review

initiative provided an impetus to

develop new approaches to more

effectively meet the needs of U.S.

industry, government agencies, and

consumers and still reduce the

regulatory burden. Because AMS grade

standards play a key role in the

marketing of agricultural products, the

Department chose not to eliminate these

standards. This action removes AMS

standards from annual publication in

the CFR. As a result, it enhances the

ability of AMS to be more responsive to

rapid changes in consumer preferences,

processing technology, and marketing

practices. This action will not increase

the work required by AMS employees

since printed grade standards are

currently available for distribution, and

maintenance time is minimal once

standards are prepared for electronic

access. The Department has estimated

that this action will result in a savings

of more than $1 million over the next

five years in CFR publication costs.

5. The removal of AMS grade

standards would hamper rather than

enhance the electronic availability of

these documents. Currently the full text

of the CFR is readily accessible on the

Internet, and relocation of the standards

would result in users not being able to

locate the information.

USDA has made available on the

Internet information concerning the

programs it administers, including AMS

programs. AMS is the agency

responsible for the development and

revision of quality grade standards.

Users of these standards are familiar

with the agency, and therefore AMS is

the logical choice when accessing grade

standard information on the Internet.

The inclusion of grade standards in the

AMS Home Page will provide updated

grade standard information that will be

easily accessible and downloadable.

The following U.S. standards were

retained in the CFR because they were

in rulemaking at the time the interim

final rule was published. This rule will

remove those standards from the CFR.

Standards being removed

from the CFR

7 Part 58 .......... Grading and Inspection,

General Specifications

for Approved Plants and

Standards for Grades of

Dairy Products.

58.2465–2471 .. Subpart I—United States

Standards for Grades of

Monterey (Monterey

Jack) Cheese.

58.2525–2541 .. Subpart L—United States

Standards for Grades of

Nonfat Dry Milk (Spray

Process).

58.2750–2759 .. Subpart U—United States

Standards for Instant

Nonfat Dry Milk.

Pursuant to 5 U.S.C. 553, it is also

found and determined upon good cause

that it is impracticable, unnecessary,

and contrary to the public interest to

give preliminary notice prior to putting

this rule into effect and that good cause

exists for not postponing the effective

date of this rule until 30 days after

publication in the Federal Register

because: (1) The standards are

voluntary; (2) No changes are being

made to the standards by this docket; (3)

New procedures are included for

developing new and revising existing

U.S. standards which will provide an

improved form of delivery standards for

those who use U.S. standards. (4) This

is consistent with the President’s

regulatory review initiative. (5) This

rule amends a previously issued interim

final rule removing most of the

voluntary U.S. grade standards and

other selected regulations covering a

number of agricultural commodities

from the CFR.

List of Subjects

7 CFR Part 29

Administrative practice and

procedure, Advisory committees,

Government publications, Imports,

Pesticides and pests, Reporting and

recordkeeping requirements, Tobacco.

7 CFR Part 31

Wool.

7 CFR Part 32

Mohair.

7 CFR Part 36

Administrative practice and

procedure, Agricultural commodities,

Food grades and standards, Reporting

and recordkeeping requirements.

7 CFR Part 52

Food grades and standards, Food

labeling, Frozen foods, Fruit juices,

Fruits, Reporting and recordkeeping

requirements, Vegetables.

7 CFR Part 53

Cattle, Hogs, Livestock, Sheep.

7 CFR Part 54

Food grades and standards, Food

labeling, Meat and meat products.

7 CFR Part 58

Dairy products, Food grades and

standards, Food labeling, Reporting and

recordkeeping requirements.

For the reasons set forth in the

preamble, 7 CFR chapter I is amended

as follows:

PART 29—TOBACCO INSPECTION

1. The authority citation for 7 CFR

Part 29 continues to read as follows:

Authority: 7 U.S.C. 511b, 511r.

2. In part 29, subpart C, new

undesignated center headings and

§§ 29.6001 through 29.6161 are added to

read as follows:
43434 Federal Register / Vol. 62, No. 156 / Wednesday, August 13, 1997 / Rules and Regulations

1These standards also apply to Type 53 Havana

seed tobacco.

Subpart C—Standards

Official Standard Grades for Wisconsin

Cigar-Binder Tobacco (U.S. Types 54

and 55) 1

Definitions

Sec.

29.6001 Definitions.1

29.6002 Air-cured.

29.6003 Body.

29.6004 Burn.

29.6005 Case (order).

29.6006 Class.

29.6007 Clean.

29.6008 Condition.

29.6009 Crude.

29.6010 Cured.

29.6011 Damage.

29.6012 Dirty.

29.6013 Elasticity.

29.6014 Elements of quality.

29.6015 Foreign matter.

29.6016 Form.

29.6017 General quality.

29.6018 Grade.

29.6019 Grademark.

29.6020 Group.

29.6021 Injury.

29.6022 Leaf scrap.

29.6023 Leaf structure.

29.6024 Length.

29.6025 Lot.

29.6026 Maturity.

29.6027 Nested.

29.6028 No Grade.

29.6029 Offtype.

29.6030 Package.

29.6031 Packing.

29.6032 Quality.

29.6033 Raw.

29.6034 Semicured.

29.6035 Side.

29.6036 Sound.

29.6037 Stem.

29.6038 Stemmed.

29.6039 Stem rot.

29.6040 Strength (tensile).

29.6041 Strips.

29.6042 Sweated.

29.6043 Tobacco.

29.6044 Tobacco products.

29.6045 Type.

29.6046 Type 53.

29.6047 Type 54.

29.6048 Type 55.

29.6049 Undried.

29.6050 Uniformity.

29.6051 Unstemmed.

29.6052 Unsweated.

29.6053 Wet (high-case).

29.6054 Width.

Elements of Quality

29.6081 Elements of quality and degrees of

each element.

Rules

29.6086 Rules.

29.6087 Rule 1.

29.6088 Rule 2.

29.6089 Rule 3.

29.6090 Rule 4.

29.6091 Rule 5.

29.6092 Rule 6.

29.6093 Rule 7.

29.6094 Rule 8.

29.6095 Rule 9.

29.6096 Rule 10.

29.6097 Rule 11.

29.6098 Rule 12.

29.6099 Rule 13.

29.6100 Rule 14.

29.6101 Rule 15.

29.6102 Rule 16.

29.6103 Rule 17.

29.6104 Rule 18.

Grades

29.6126 Binder (B Group).

29.6127 Stripper (C Group).

29.6128 Straight Stripped (X Group).

29.6129 Farm Filler (Y Group).

29.6130 Nondescript (N Group).

29.6131 Scrap (S Group).

Summary of Standard Grades

29.6155 Summary of standard grades.

Key to Standard Grademarks

29.6161 Key to standard grademarks.

Definitions

§ 29.6001 Definitions.

As used in these standards, the words

and phrases hereinafter defined shall

have the indicated meanings so

assigned.

§ 29.6002 Air-cured.

Tobacco cured under natural

atmospheric conditions. Artificial heat

sometimes is used to control excess

humidity during the curing period to

prevent pole-sweat, pole-burn, and

shed-burn in damp weather. Air-cured

tobacco should not carry the odor of

smoke or fumes resulting from the

application of artificial heat.

§ 29.6003 Body.

The thickness and density of a leaf or

the weight per unit of surface. (See

chart.)

§ 29.6004 Burn.

The duration of combustion or length

of time that a tobacco leaf will hold fire

after ignition. (See Rule 18.)

§ 29.6005 Case (order).

The state of tobacco with respect to its

moisture content.

§ 29.6006 Class.

A major division of tobacco based on

method of cure or principal usage.

§ 29.6007 Clean.

Tobacco is described as clean when it

contains only a normal amount of sand

or soil particles. Leaves grown on the

lower portion of the stalk normally

contain more sand or dirt than those

from higher stalk positions. (See Rule 4.)

§ 29.6008 Condition.

The state of tobacco which results

from the method of preparation or from

the degree of fermentation. Words used

to describe the condition of tobacco are

Undried, air-dried, steam-dried,

sweating, sweated, and aged.

§ 29.6009 Crude.

A subdegree of maturity. (See Rule

15.)

§ 29.6010 Cured.

Tobacco dried of its sap by either

natural or artificial processes.

§ 29.6011 Damage.

The effect of mold, must, rot, black rot

or other fungus or bacterial diseases

which attack tobacco in its cured state.

Tobacco having the odor of mold, must

or rot is considered damaged. (See Rule

17.)

§ 29.6012 Dirty.

The state of tobacco containing an

abnormal amount of dirt or sand, or

tobacco to which additional quantities

of dirt or sand have been added. (See

Rule 17.)

§ 29.6013 Elasticity.

The flexible, springy nature of the

tobacco leaf to recover approximately its

original size and shape after it has been

stretched. (See chart.)

§ 29.6014 Elements of quality.

Physical characteristics used to

determine the quality of tobacco. Words

selected to describe degrees within each

element are shown in the chart in

§ 29.6081.

§ 29.6015 Foreign matter.

Any extraneous substance or material

such as stalks, suckers, straw, strings,

and rubber bands. (See Rule 17.)

§ 29.6016 Form.

The stage of preparation of tobacco

such as stemmed or unstemmed.

§ 29.6017 General quality.

The quality of tobacco considered in

relation to the type as a whole. General

quality is distinguished from the

restricted use of the term ‘‘quality’’

within a group.

§ 29.6018 Grade.

A subdivision of a type according to

group and quality and to other

characteristics when they are of

sufficient importance to be treated

separately.
Federal Register / Vol. 62, No. 156 / Wednesday, August 13, 1997 / Rules and Regulations 43435

§ 29.6019 Grademark.

In these types a grademark normally

consists of a letter to indicate group and

a number to indicate quality. For

example, B2 means Binder, fair quality.

§ 29.6020 Group.

A type division consisting of one or

more grades based on the general

quality of tobacco. Groups in these types

are: Binder (B), Stripper (C), Straight

Stripped (X), Farm Filler (Y),

Nondescript (N), and Scrap (S).

§ 29.6021 Injury.

Hurt or impairment from any cause

except the fungus or bacterial diseases

which attack tobacco in its cured state.

(See definition of Damage.) Injury to

tobacco may be caused by field diseases,

insects, or weather conditions;

insecticides, fungicides, or cell growth

inhibitors; nutritional deficiencies or

excesses; or improper fertilization,

harvesting, curing, or handling. Injured

tobacco includes dead, burnt, hail-cut,

torn, broken, frostbitten, frozen (see

Rule 16), sunburned, sun-scalded, bulkburnt, pole-burnt, shed-burnt, polesweated, stem-rotted, bleached, bruised,

discolored, or deformed leaves; or

tobacco affected by wildfire, rust,

frogeye, mosaic, root rot, wilt, black

shank, or other diseases. (See Rule 13.)

§ 29.6022 Leaf scrap.

A byproduct of unstemmed tobacco

Leaf scrap results from handling

unstemmed tobacco and consists of

loose and tangled whole or broken

leaves.

§ 29.6023 Leaf structure.

The cell development of a leaf as

indicated by its porosity. The degrees

range from close (slick and tight) to

open (porous). (See chart.)

§ 29.6024 Length.

The linear measurement of cured

tobacco leaves from the butt of the

midrib to the extreme tip.

§ 29.6025 Lot.

A pile, basket, bulk, package, or other

definite unit.

§ 29.6026 Maturity.

The degree of ripeness. (See chart.)

§ 29.6027 Nested.

Any tobacco which has been loaded,

packed, or arranged to conceal foreign

matter or tobacco of inferior grade,

quality, or condition. Nested includes

any lot of tobacco which contains

foreign matter or damaged, injured,

tangled, or other inferior tobacco, any of

which cannot be readily detected upon

inspection because of the way the lot is

packed or arranged. (See Rule 17.)

§ 29.6028 No Grade.

A designation applied to a lot of

tobacco classified as damaged, dirty,

nested, offtype, semicured, or wet;

tobacco that is improperly packed,

contains foreign matter, or has an odor

foreign to the type. (See Rules 5 and 17.)

§ 29.6029 Offtype.

Tobacco of distinctly different

characteristics which cannot be

classified as Type 53, 54, or 55. (See

Rule 17.)

§ 29.6030 Package.

A hogshead, tierce, case, bale, or other

securely enclosed parcel or bundle.

§ 29.6031 Packing.

A lot of tobacco consisting of a

number of packages submitted as one

definite unit for sampling or inspection.

It is represented to contain the same

kind of tobacco and has a common

identification number or mark on each

package.

§ 29.6032 Quality.

A division of a group or the second

factor of a grade based on the relative

degree of one or more elements of

quality.

§ 29.6033 Raw.

Tobacco as it appears between the

time of harvesting and the beginning of

the curing process.

§ 29.6034 Semicured.

Tobacco in the process of being cured

or which is partially but not thoroughly

cured. Semicured includes tobacco

which contains fat stems, wet butts,

swelled stems, and tobacco having

frozen stems or stems that have not been

thoroughly dried in the curing process.

(See definition of No Grade and Rule

17.)

§ 29.6035 Side.

A certain phase of quality as

contrasted with some other phase of

quality or any peculiar characteristic of

tobacco.

§ 29.6036 Sound.

Free of damage. (See Rule 4.)

§ 29.6037 Stem.

The midrib or large central vein of a

tobacco leaf.

§ 29.6038 Stemmed.

A form of tobacco, including strips

and strip scrap, from which the stems or

midribs have been removed.

§ 29.6039 Stem rot.

The deterioration of an uncured or

frozen stem resulting from bacterial

action. Although stem rot results from

bacterial action, it is inactive in cured

tobacco and is treated as a kind of injury

in these types. (See Rule 14.)

§ 29.6040 Strength (tensile).

The stress a tobacco leaf can bear

without tearing. (See chart.)

§ 29.6041 Strips.

The sides of a tobacco leaf from which

the stem has been removed or a lot of

tobacco composed of strips.

§ 29.6042 Sweated.

The condition of tobacco which has

passed through one or more

fermentations natural to tobacco packed

with a normal percentage of moisture.

This condition sometimes is described

as aged.

§ 29.6043 Tobacco.

Tobacco in its unmanufactured forms

as it appears between the time it is

cured and stripped from the stalk, or

primed and cured, and the time it enters

a manufacturing process. Conditioning,

sweating, and stemming are not

regarded as manufacturing processes.

§ 29.6044 Tobacco products.

Manufactured tobacco, including

cigarettes, cigars, smoking tobacco,

chewing tobacco, and snuff, which is

subject to Internal Revenue tax.

§ 29.6045 Type.

A division of a class of tobacco having

certain common characteristics and

closely related grades. Tobacco which

has the same characteristics and

corresponding qualities, colors, and

lengths is classified as one type,

regardless of any factors of historical or

geographical nature which cannot be

determined by an examination of the

tobacco.

§ 29.6046 Type 53.

That type of cigar-leaf tobacco

commonly known as York State or

Havana Seed of New York and

Pennsylvania, produced principally in

the Big Flats and Onondaga sections of

New York and extending into

Pennsylvania.

§ 29.6047 Type 54.

That type of cigar-leaf tobacco

commonly known as Southern

Wisconsin Cigar-leaf or Southern

Wisconsin Binder-type, produced

principally south and east of the

Wisconsin River.

§ 29.6048 Type 55.

That type of cigar-leaf tobacco

commonly known as Northern

Wisconsin Cigar-leaf or Northern

Wisconsin Binder-type, produced
43436 Federal Register / Vol. 62, No. 156 / Wednesday, August 13, 1997 / Rules and Regulations

principally north and west of the

Wisconsin River and extending into

Minnesota.

§ 29.6049 Undried.

The condition of unfermented tobacco

which has not been air-dried or steamdried.

§ 29.6050 Uniformity.

A grade requirement designating the

percentage of a lot which must meet the

specified degree of each element of

quality. (See Rule 12.)

§ 29.6051 Unstemmed.

A form of tobacco, including whole

leaf and leaf scrap, from which the

stems or midribs have not been

removed.

§ 29.6052 Unsweated.

The condition of cured tobacco which

has not been sweated.

§ 29.6053 Wet (high-case).

Any sound tobacco containing

excessive moisture to the extent that it

is in unsafe or doubtful-keeping order.

Wet applies to any tobacco which is not

damaged but which is likely to damage

if treated in the customary manner. (See

Rule 17.)

§ 29.6054 Width.

The relative breadth of a tobacco leaf

expressed in relation to its length. (See

chart.)

Elements of Quality

§ 29.6081 Elements of quality and degrees

of each element.

These standardized words or terms

are used to describe tobacco quality and

to assist in interpreting grade

specifications. Tobacco attributes or

characteristics which constitute quality

are designated as elements of quality.

The range within each element is

expressed by the use of words or terms

designated as degrees. These degrees are

arranged to show their relative value,

but the actual value of each degree

varies with type and group.

Elements Degrees

Body ........................................................................................................................... Heavy ........................ Medium ...................... Thin.

Maturity ....................................................................................................................... Immature ................... Mature ....................... Ripe.

Leaf structure ............................................................................................................. Close ......................... Firm ........................... Open.

Elasticity ..................................................................................................................... Inelastic ..................... Semielastic ................ Elastic.

Strength (tensile) ........................................................................................................ Weak ......................... Normal ....................... Strong.

Width .......................................................................................................................... Narrow ....................... ......do ........................ Spready.

Length ......................................................................................................................... (1) .............................. (1) .............................. (1)

Uniformity ................................................................................................................... (2) .............................. (2) .............................. (2)

Injury tolerance ........................................................................................................... (2) .............................. (2) .............................. (2)

1Expressed in inches.

2Expressed in percentages.

Rules

§ 29.6086 Rules.

The application of these official

standard grades shall be in accordance

with the following rules.

§ 29.6087 Rule 1.

Each grade shall be treated as a

subdivision of a particular type. When

the grade is stated in an inspection

certificate, the type also shall be stated.

§ 29.6088 Rule 2.

The determination of grade shall be

based upon a representative sample or

a thorough examination of a packing of

tobacco.

§ 29.6089 Rule 3.

The grade of unsorted tobacco shall be

based upon a representative sample of

the packing. A minimum of 10 percent

of the bundles or bales shall be selected

at random for sampling; a higher

percentage may be sampled at the

discretion of the inspector. To obtain

the sample, a sufficient amount of

tobacco shall be drawn to be

representative of each selected bale. In

determining the grade, the inspector

shall consider the quality of all samples.

The grade assigned shall represent the

quality of the lot as a whole.

§ 29.6090 Rule 4.

Standard grades shall be assigned to

clean and sound tobacco only.

§ 29.6091 Rule 5.

Tobacco leaves shall be placed

straight in bundles or bales of normal

weight, size, and shape with the butts

out and tips overlapping from 6 to 8

inches or sufficiently to make a level,

solid, and uniform pack. The sides of

the bundles shall be completely covered

with paper, or other suitable protective

material, and tightly bound with not

less than three large twines spaced so

that the tobacco will be held securely

together. Improperly packed tobacco

shall be designated as ‘‘No—G.’’

§ 29.6092 Rule 6.

The grade assigned to any lot of

tobacco shall be a true representation of

the tobacco at the time of inspection and

certification. If, at any time, it is found

that a lot of tobacco does not comply

with the specifications of the grade

previously assigned, it shall not

thereafter be represented as such grade.

§ 29.6093 Rule 7.

Any lot of tobacco which meets the

specifications of two grades shall be

placed in the higher grade. Any lot of

tobacco on the marginal line between

two grades shall be placed in the lower

grade.

§ 29.6094 Rule 8.

A lot of tobacco meets the

specifications of a grade when it is not

lower in any degree of any element of

quality than the minimum

specifications of such grade.

§ 29.6095 Rule 9.

In determining the grade of a lot of

tobacco, the lot as a whole shall be

considered. Minor irregularities which

do not affect over one percent of the

tobacco shall be overlooked.

§ 29.6096 Rule 10.

Interpretations, the use of

specifications, and the meaning of terms

shall be in accordance with

determinations or clarifications made by

the Chief of the Standardization Branch

and approved by the Director of the

Tobacco Division, Agricultural

Marketing Service.

§ 29.6097 Rule 11.

The use of any grade may be restricted

by the Director during any marketing

season when it is found that the grade

is not needed or appears in insufficient

volume to justify its use.
Federal Register / Vol. 62, No. 156 / Wednesday, August 13, 1997 / Rules and Regulations 43437

§ 29.6098 Rule 12.

Uniformity shall be expressed in

percentages. These percentages shall

govern the portion of a lot which must

meet each specification of the grade; the

remaining portion must be related.

Grade specifications state the minimum

acceptable degree of each element of

quality. Specified percentages of

uniformity shall not affect limitations

established by other rules.

§ 29.6099 Rule 13.

Injury tolerance shall be expressed in

percentages. The appraisal of injury

shall be based upon the percentage of

affected leaf surface or the degree of

injury, and consideration shall be given

to the kinds of injury normal to the

group or grade.

§ 29.6100 Rule 14.

Stem rot shall not exceed 40 percent

of the specified injury tolerance for any

grade.

§ 29.6101 Rule 15.

In grade specifications the tolerance

of crude shall apply to the entire leaf

surface of the lot.

§ 29.6102 Rule 16.

In grade specifications frozen shall be

treated as a separate kind of injury and

the tolerance shall apply to the entire

leaf surface of the lot.

§ 29.6103 Rule 17.

Tobacco shall be designated as No

Grade, using the grademark ‘‘No—G,’’

when it is damaged, dirty, nested,

offtype, semicured, wet, improperly

packed, contains foreign matter, or has

an odor foreign to the type.

§ 29.6104 Rule 18.

Burn shall be determined as the

average burning time of leaves selected

at random from the sample. A minimum

of 10 leaves shall be selected as

representative regardless of the number

of bundles or bales in the lot. All burn

tests shall be made in the bindercutting

area on the same side of the leaf. The

leaf shall be punctured to permit quick

ignition when placed over a candle,

alcohol lamp, or electrical-lighting

device. Good burn shall average 6

seconds or longer; fair burn, 3 to 5

seconds; and poor burn, under 3

seconds. B1 and B2 shall require good

burn and B3, fair burn.

Grades

§ 29.6126 Binder (B Group).

Tobacco of this group is of cigar-binder quality from which trash and trashy Farm Fillers have been removed.

U.S. grades Grade names, minimum specifications, and tolerances

B1 .................................................... Fine Quality Binder. Thin, ripe, open, elastic, strong, spready, and 19 inches or over in length. Uniformity,

90 percent; injury tolerance, 10 percent.

B2 .................................................... Fair Quality Binder. Medium body, ripe, open, semielastic, strong, normal width, and 19 inches or over in

length. Uniformity, 80 percent; injury tolerance, 20 percent.

B3 .................................................... Low Quality Binder. Medium, ripe, firm, semielastic, normal strength and width, and 17 inches or over in

length. Uniformity, 70 percent; injury tolerance, 30 percent.

§ 29.6127 Stripper (C Group).

This group consists of tobacco from which the trash and trashy Farm Fillers have been removed but does not

meet the specifications of the Binder group.

U.S. grades Grade names, minimum specifications, and tolerances

C1 .................................................... Fine Quality Stripper. Heavy, ripe, firm, semielastic, normal strength and width, and 16 inches or over in

length. Uniformity, 90 percent; injury tolerance, 10 percent.

C2 .................................................... Fair Quality Stripper. Heavy, mature, close, inelastic, normal strength, narrow, and 16 inches or over in

length. Uniformity, 80 percent. Tolerances: 5 percent crude, 5 percent frozen, and 20 percent injury.

C3 .................................................... Low Quality Stripper. Heavy, immature, close, inelastic, weak, and narrow. Uniformity, 70 percent. Tolerances: 10 percent crude, 10 percent frozen, and 30 percent injury.

§ 29.6128 Straight Stripped (X Group).

This group consists of unsorted tobacco from which the trash has been removed.

U.S. grades Grade names, minimum specifications, and tolerances

X1 .................................................... Fine Quality Straight Stripped. Heavy, ripe, firm, semielastic, normal strength and width, and 16 inches or

over in length. Uniformity, 85 percent; injury tolerance, 15 percent.

X2 .................................................... Fair Quality Straight Stripped. Heavy mature, close, inelastic, normal strength, narrow, and 16 inches or

over in length. Uniformity, 75 percent. Tolerances: 5 percent crude, 5 percent frozen, and 25 percent injury.

X3 .................................................... Low Quality Straight Stripped. Heavy, immature, close, inelastic, weak, and narrow. Uniformity, 60 percent.

Tolerances: 10 percent crude, 10 percent frozen, and 40 percent injury.

§ 29.6129 Farm Filler (Y Group).

This group consists of tobacco from the lower portion of the stalk and may include throw out leaves from the

Binder and Stripper groups.
43438 Federal Register / Vol. 62, No. 156 / Wednesday, August 13, 1997 / Rules and Regulations

U.S. grades Grade names, minimum specifications, and tolerances

Y1 .................................................... Fine Quality Farm Filler. Thin, ripe, open, semielastic, normal strength and width, and 12 inches or over in

length. Uniformity, 85 percent; injury tolerance, 15 percent.

Y2 .................................................... Fair Quality Farm Filler. Thin, ripe, firm, inelastic, normal strength, and narrow. Uniformity, 75 percent. Tolerances: 5 percent crude, 5 percent frozen, and 25 percent injury.

Y3 .................................................... Low Quality Farm Filler. Thin, mature, close, inelastic, weak, and narrow. Uniformity, 60 percent. Tolerances: 10 percent crude, 10 percent frozen, and 40 percent injury.

§ 29.6130 Nondescript (N Group).

Tobacco which does not meet the minimum specifications or exceeds the tolerance of the lowest grade of any

other group.

U.S. grades Grade names, minimum specifications, and tolerances

N1 .................................................... First Quality Nondescript. Tolerances: 20 percent crude, 20 percent frozen, and 60 percent injury.

N2 .................................................... Second Quality Nondescript. Over 20 percent crude, over 20 percent frozen, or over 60 percent injury.

§ 29.6131 Scrap (S Group).

A byproduct of unstemmed and stemmed tobacco. Scrap accumulates from handling tobacco in farm buildings,

warehouses, packing and conditioning plants, and stemmeries.

U.S. grades Grade names and specifications

S ...................................................... Loose, tangled, whole, or broken unstemmed leaves, or the web portion of tobacco leaves reduced to

scrap by any process.

Summary of Standard Grades

§ 29.6155 Summary of standard grades.

Three grades of binder

Three

grades of

stripper

B1 ................................................. C1

B2 ................................................. C2

B3 ................................................. C3

Three grades of straight stripped

Three

grades of

farm filler

X1 ................................................. Y1

X2 ................................................. Y2

X3 ................................................. Y3

Two grades of nondescript

One

grades of

scrap

N1 ................................................. S

N2

Tobacco not covered by standard grades is

designated as ‘‘No-G.’’

Key to Standard Grademarks

§ 29.6161 Key to standard grademarks.

Groups Qualities

B—Binder .................................... 1—Fine.

C—Stripper ................................. 2—Fair.

X—Straight Stripped ................... 3—Low.

Y—Farm Filler

N—Nondescript

S—Scrap

3. Part 31, consisting of §§ 31.400

through 31.402 is added to read as

follows:

PART 31—PURCHASE OF WOOL AND

WOOL TOP SAMPLES

Sec.

31.400 Samples for wool and wool top

grades; method of obtaining.

31.401 Cost of samples for wool grades.

31.402 Cost of samples for wool top grades.

Authority: 7 U.S.C. 1621–1627.

§ 31.400 Samples for wool and wool top

grades; method of obtaining.

Samples certified as representative of

the official standards of the United

States for grades of wool and wool top

will be furnished as follows, subject to

other conditions of this section, upon

filing of an approved application and

prepayment of costs thereof as fixed in

§§ 31.401 and 31.402. The certification

will be issued by the United States

Department of Agriculture and will be

signed by the Director of the Livestock

Division or other duly authorized

official.

(a) Samples representative of each of

the standard grades of wool:

(1) Complete set: Grades 80’s through

36’s. Fourteen samples, each of

approximately 1⁄8 pound grease wool, or

(2) Individual sample: Individual

samples of approximately 1⁄8 pound of

grease wool.

(b) Samples representative of each of

the standard grades of wool top:

(1) Complete set: Grades 80’s through

36’s. Fourteen samples, each of

approximately 3 ounces wool top, or

(2) Individual sample: Individual

samples of approximately 3 ounces of

wool top, representing a standard grade.

(c) Each application for standard

samples of wool or wool top shall be

upon an application form furnished or

approved by the Agricultural Marketing

Service, shall be signed by the

applicant, and shall be accompanied by

certified check, draft, post office money

order, or express money order, payable

to the ‘‘Agricultural Marketing Service,’’

in an amount to cover the cost of the

samples requested, and shall

incorporate the following agreement:

(1) That no samples representative of

the official wool or wool top standards

shall be considered or used as

representing such standards after

cancellation in accordance with this

section.

(2) That the said standard samples

shall be subject to inspection by the

Secretary or by any duly authorized

officer or agent of the Department of

Agriculture during usual business hours

of the person having custody of the

samples.

(3) That the certificate covering any of

the samples representative of the

standards may be revoked and canceled

by the Director of the Livestock Division

if it is found upon such inspection that

the said samples are not representative

of the official standards.

Note to § 31.400: A sample consists of wool

randomly selected from a bulk sample. The

measured average and standard deviation of

fiber diameter of the bulk sample are within

the limits corresponding to the grade of the

standard sample as set forth in the voluntary
Federal Register / Vol. 62, No. 156 / Wednesday, August 13, 1997 / Rules and Regulations 43439

U.S. grade standards. Copies of the voluntary

U.S. grade standards can be obtained from

Director, Livestock and Seed Division,

Agricultural Marketing Service, U.S.

Department of Agriculture, P.O. Box 96456,

Washington, DC 20090–6456.

§ 31.401 Cost of samples for wool grades.

(a) Complete set: $22 each, delivered

to any destination within the United

States and $24 each, delivered to any

destination outside the United States.

(b) Individual sample: $2 each,

delivered to any destination within the

United States and $2.50 each, delivered

to any destination outside the United

States.

§ 31.402 Cost of samples for wool top

grades.

(a) Complete set: $42 each, delivered

to any destination within the United

States and $44 each, delivered to any

destination outside the United States.

(b) Individual sample: $3 each,

delivered to any destination within the

United States and $3.50 each, delivered

to any destination outside the United

States.

4. Part 32, consisting of §§ 32.400

through 32.403 is added to read as

follows:

PART 32—PURCHASE OF GREASE

MOHAIR AND MOHAIR TOP SAMPLES

32.400 Samples of grease mohair grades;

method of obtaining.

32.401 Cost of samples for grease mohair

grades.

32.402 Samples of mohair top grades;

method of obtaining.

32.403 Cost of samples for mohair top

grades.

Authority: 7 U.S.C. 1621–1627.

§ 32.400 Samples of grease mohair

grades; method of obtaining.

Samples certified as representative of

the official standards of the United

States for grades of grease mohair will

be furnished as follows, subject to other

conditions of this section, upon filing of

an approved application and

prepayment of the costs thereof as fixed

in § 32.401. The certification will be

issued by the U.S. Department of

Agriculture and will be signed by the

Director of the Livestock Division or

other duly authorized official.

(a) Samples representative of each of

the standard grades of grease mohair:

(1) Complete set. Ten certified

samples of grease mohair, grades 40s

through 18s.

(2) Individual sample. Individual

certified samples of grease mohair.

(b) Each application for standard

samples of grease mohair shall be upon

an application form furnished or

approved by the Consumer and

Marketing Service, shall be signed by

the applicant, and shall be accompanied

by certified check, draft, post office

money order, or express money order,

payable to the ‘‘Agricultural Marketing

Service,’’ in an amount to cover the cost

of the samples requested, and shall

incorporate the following agreement.

(1) That no samples representative of

the official grease mohair standards

shall be considered or used as

representing such standards after

cancellation in accordance with this

section.

(2) That the said standard samples

shall be subject to inspection by the

Secretary or by any duly authorized

officer or agent of the Department of

Agriculture during usual business hours

of the person having custody of the

samples.

(3) That the certificate covering any of

the samples representative of the

standards may be revoked and canceled

by the Director of the Livestock

Division, if it is found upon such

inspection that the said samples are not

representative of the official standards.

Note to § 32.400: A certified sample

consists of grease mohair randomly selected

from a bulk sample. The measured average

and standard deviation of fiber diameter of

bulk sample were within the limits

corresponding to the grade of the standard

sample as set forth in the voluntary U.S.

grade standards. Copies of the voluntary U.S.

grade standards can be obtained from

Director, Livestock and Seed Division,

Agricultural Marketing Service, U.S.

Department of Agriculture, P.O. Box 96456,

Washington, DC 20090–6456.

§ 32.401 Cost of samples for grease

mohair grades.

(a) Complete set. $22 each, delivered

to any destination with the United

States and $25 each, delivered to any

destination outside the United States.

(b) Individual sample. $2.50 each,

delivered to any destination within the

United States, and $3 each, delivered to

any destination outside the United

States.

§ 32.402 Samples of mohair top grades;

method of obtaining.

Samples certified as representative of

the official standards of the United

States of grades of mohair top will be

furnished when available as follows,

subject to other conditions for this

section, upon filing of an approved

application and prepayment of the cost

thereof as fixed in § 32.403. The

certification will be issued by the U.S.

Department of Agriculture and will be

signed by the Director of the Livestock

Division or other official duly

authorized by him.

(a) Samples representative of the

official grades of mohair top:

(1) Complete set. Nine certified

samples of mohair top, grades 40s

through 20s.

(2) Individual sample. Individual

certified samples of mohair top, grades

40s through 20s.

(b) Each application for standard

samples of mohair top shall be upon an

application form furnished or approved

by the Agricultural Marketing Service,

shall be signed by the applicant, and

shall be accompanied by certified check,

draft, postal money order, or express

money order, payable to the

‘‘Agricultural Marketing Service,’’ in an

amount to cover the cost of the samples

requested and shall incorporate the

following agreement:

(1) That no samples representative of

the official mohair top standards shall

be considered or used as representing

such standards after cancellation in

accordance with this section.

(2) That the said standard samples

shall be subject to inspection by the

Secretary or by any duly authorized

officer or agent of the Department of

Agriculture during usual business hours

of the person having custody of the

samples.

(3) That the certificate covering any of

the samples representative of the

standards may be revoked and canceled

by the Director of the Livestock

Division, if it is found upon such

inspection that the said samples are not

representative of the official standards.

§ 32.403 Cost of samples for mohair top

grades.

(a) Complete set. Twenty-seven

dollars each, delivered to any

destination within the United States and

$30 each, delivered to any destination

outside the United States.

(b) Individual sample. Three dollars

each, delivered to any destination

within the United States, and $3.50

each, delivered to any destination

outside the United States.

5. Part 36, consisting of §§ 36.1

through 36.3 is added to read as follows:

PART 36—PROCEDURES BY WHICH

THE AGRICULTURAL MARKETING

SERVICE DEVELOPS, REVISES,

SUSPENDS, OR TERMINATES

VOLUNTARY OFFICIAL GRADE

STANDARDS

Sec.

36.1 General information.

36.2 Initiating action on grade standards.

36.3 Public notification of grade standards

action.

Authority: 7 U.S.C. 1621–1627.

§ 36.1 General information.

The Agricultural Marketing Service

(AMS or agency) of the U.S. Department
43440 Federal Register / Vol. 62, No. 156 / Wednesday, August 13, 1997 / Rules and Regulations

1Among such other processed food products are

the following: Honey; molasses, except for

stockfeed; nuts and nut products, except oil; sugar

(cane, beet, and maple); sirups (blended), sirups,

except from grain; tea; cocoa; coffee; spices;

condiments.

of Agriculture (USDA) facilitates the fair

and efficient marketing of agricultural

products by promulgating voluntary

official grade standards for dairy, fresh

and processed fruits and vegetables,

livestock, meats and meat products,

eggs, poultry and rabbit products,

tobacco, wool, mohair, and other

agricultural products. AMS standards

provide a uniform language for

describing the quality of various

agricultural commodities in the

marketplace. These standards may cover

(but are not limited to) terms, classes,

sizes (including quantities of packaged

consumer agricultural commodities),

dimensions, capacities, quality levels,

performance criteria, inspection

requirements, marking requirements,

testing equipment, test procedures, and

installation procedures.

(a) Grade standards are officially

designated as U.S. Grade Standards and

the AMS assigns each grade standard an

appropriate identification number. AMS

develops, revises, suspends, or

terminates official grade standards

under procedures that allows for input

by interested parties.

(b) These procedures set forth the

process by which AMS will develop,

revise, suspend, or terminate the U.S.

standards.

(c) Communications about AMS

standards in general should be

addressed to the Administrator,

Attention: Functional Committee for

Standards. Communications about

specific standards (such as a request to

develop or revise a standard) should be

addressed to the Director of the

appropriate Division (Dairy, Fruit and

Vegetable, Livestock and Seed, Poultry,

or Tobacco). All communications

should include in the address:

Agricultural Marketing Service, U.S.

Department of Agriculture, P.O. Box

96456, Washington, D.C. 20090–6456.

§ 36.2 Initiating action on grade standards.

The Agency will develop, revise,

suspend, or terminate grade standards if

it determines that such action is in the

public interest. Any standardization

action should reflect the broad interest

of individuals or an industry involved

in manufacturing, producing, packaging,

distributing, testing, consuming, or

using the product; or the interest of a

Federal, State, or local agency. Proposed

actions should always be based on

sound technical and marketing

information and should include careful

consideration of the factors that

determine a commodity’s quality and

condition and that will allow trained

personnel to determine objectively

conformance or non-conformance.

(a) AMS encourages interested parties

to participate in the review,

development, and revision of grade

standards. Interested parties include

growers, producers, processors,

shippers, distributors, consumers,

individuals or groups, trade

associations, companies, and State or

Federal agencies. Such groups and

individuals may at any time recommend

that AMS develop, revise suspend, or

terminate a grade standard. Requests for

Agency action should be in writing,

preferably accompanied by a draft of the

suggested change.

(1) The Agency, in cooperation with

interested parties, as applicable, will:

(i) Determine the need for new or

revised standards;

(ii) Collect technical, marketing, or

other appropriate data;

(iii) Conduct research regarding new

or revised standards, as appropriate;

and,

(iv) Draft the proposed standards;

(2) [Reserved]

(b) If the Agency determines that new

standards are needed, existing standards

need to be revised, or the suspension or

termination of existing standards is

justified, it will undertake the action,

with input from all interested parties.

§ 36.3 Public notification of grade

standards action.

After developing a standardization

proposal, the Agency will publish a

notice in the Federal Register

describing new or changes to existing

standards or to suspend or terminate

existing standards. AMS will

simultaneously issue a news release

about these actions. AMS will also

distribute copies of the full text of the

proposals to anyone requesting a copy

or to anyone the Agency believes may

be interested, including other Federal,

State, or local government agencies, and

on the Internet. For other than minor

editorial or technical changes, the notice

will provide at least 60 days for

interested parties to submit comments

to the Agency.

(a) All comments received within the

comment period will be part of the

public record maintained by the

Agency, will be available to the public

for review, and will be considered by

the Agency before final action is taken

on the proposal.

(1) Based on the comments received,

the Agency’s knowledge of standards,

grading, marketing, and other technical

factors, and any other relevant

information AMS will decide whether

the proposed actions should be

implemented.

(2) If AMS concludes that the actions

as proposed or with minor

modifications should be adopted, AMS

will publish a description of the

changes or actions in a Federal Register

notice. The Agency, through the

appropriate AMS Divisions, will make

the grade standards and related

information available in printed form

and electronic media.

(3) If the Agency determines that

proposed changes are not warranted, or

otherwise are not in the public interest,

the Agency will either publish in the

Federal Register a notice withdrawing

the proposal, or will revise the proposal

and again seek public input.

(b) [Reserved]

PART 52—PROCESSED FRUITS AND

VEGETABLES, PROCESSED

PRODUCTS THEREOF, AND CERTAIN

OTHER PROCESSED FOOD

PRODUCTS1

6. The authority citation for part 52

continues to read as follows:

Authority: 7 U.S.C. 1621–1627.

7. In part 52, Subpart—United States

Standards for Grades of Frozen

Cauliflower (§§ 52.721 through 52.729),

Subpart—United States Standards for

Grades of Frozen Okra (§§ 52.1511

through 52.1520), Subpart—United

States Standards for Grades of Frozen

Field Peas and Frozen Black-eye Peas

(§§ 52.1661 through 52.1674), Subpart—

United States Standards for Grades of

Frozen Green Beans and Frozen Wax

Beans (§§ 52.2321 through 52.2330) are

removed.

PART 53—LIVESTOCK (GRADING,

CERTIFICATION, AND STANDARDS)

8. The authority citation for part 53

continues to read as follows:

Authority: 7 U.S.C. 1621–1627.

Subpart B—[Removed and Reserved]

9. In part 53, Subpart B—Standards, is

removed and reserved.

PART 54—MEATS, PREPARED

MEATS, AND MEAT PRODUCTS

(GRADING, CERTIFICATION, AND

STANDARDS)

10. The authority citation for part 54

continues to read as follows:

Authority: 7 U.S.C. 1621–1627.

Subpart B—[Removed and Reserved]

11. In part 54, Subpart B—Standards

is removed and reserved.
Federal Register / Vol. 62, No. 156 / Wednesday, August 13, 1997 / Rules and Regulations 43441

PART 58—GRADING AND

INSPECTION, GENERAL

SPECIFICATIONS FOR APPROVED

PLANTS AND STANDARDS FOR

GRADES OF DAIRY PRODUCTS

12. The authority citation for part 58

continues to read as follows:

Authority: 7 U.S.C. 1621–1627.

Subparts I, L, U—[Removed and

Reserved]

13. In part 58, Subpart I—U.S.

Standards for Grades of Monterey

(Monterey Jack) Cheese, subpart L—

United States Standards for Grades of

Nonfat Dry Milk (Spray Process), and

subpart U—United States Standards for

Instant Nonfat Dry Milk are removed

and reserved.

Dated: July 31, 1997.

Lon Hatamiya,

Administrator, Agricultural Marketing

Service.

[FR Doc. 97–21045 Filed 8–12–97; 8:45 am]

BILLING CODE 3410–02–P