This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

33064 

Vol. 87, No. 105 

Wednesday, June 1, 2022 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 51 

[Doc No. AMS–SC–21–0039, SC–21–327] 

Revising U.S. Grade Standards for 

Pecans in the Shell and Shelled 

Pecans 

AGENCY: Agricultural Marketing Service, 

Department of Agriculture (USDA). 

ACTION: Proposed rule. 

SUMMARY: The Agricultural Marketing 

Service (AMS) proposes to revise the 

U.S. Standards for Grades of Pecans in 

the Shell and the U.S. Standards for 

Grades of Shelled Pecans by replacing 

the current grades with U.S. Extra 

Fancy, U.S. Fancy, U.S. Choice, and 

U.S. Standard grades. In addition, AMS 

proposes to update terminology, 

definitions, and defect scoring guides. 

DATES: Comments must be submitted on 

or before August 1, 2022. 

ADDRESSES: Interested persons are 

invited to submit written comments to 

the USDA, Specialty Crops Inspection 

Division, 100 Riverside Parkway, Suite 

101, Fredericksburg, VA 22406; via fax 

to (540) 361–1199; or, at https://

www.regulations.gov. Comments should 

reference the date and page number of 

this issue of the Federal Register. 

Comments will be posted without 

change, including any personal 

information provided. All comments 

received within the comment period 

will become part of the public record 

maintained by the Agency and will be 

made available to the public via https:// 

www.regulations.gov. Comments will be 

made available for public inspection at 

the above address during regular 

business hours or can be viewed at: 

https://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Olivia Banks at the address above, or by 

phone (540) 361–1120; fax (540) 361– 

1199; or email Olivia.Banks@usda.gov. 

Copies of the proposed U.S. Standards 

for Grades for Pecans in the Shell and 

U.S. Standards for Grades of Shelled 

Pecans are available at https://

www.regulations.gov. Copies of the 

current Standards are available at 

https://www.ams.usda.gov/nuts. 

SUPPLEMENTARY INFORMATION: This 

proposed action, pursuant to 5 U.S.C. 

553, would amend regulations at 7 CFR 

part 51 issued under the Agricultural 

Marketing Act of 1946 (7 U.S.C. 1621– 

1627), as amended. These revisions do 

not affect the Federal marketing order, 

7 CFR part 986 (referred to as Marketing 

Order 986), issued under the 

Agricultural Marketing Agreement Act 

of 1937 (7 U.S.C. 601–674) or applicable 

imports. 

Executive Orders 12866 and 13563 

The Department of Agriculture 

(USDA) is issuing this proposed rule in 

conformance with Executive Orders 

12866 and 13563. Executive Orders 

12866 and 13563 direct agencies to 

assess all costs and benefits of available 

regulatory alternatives and, if regulation 

is necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. This proposed 

action falls within a category of 

regulatory actions that the Office of 

Management and Budget (OMB) has 

exempted from review under Executive 

Order 12866. 

Executive Order 13175 

This proposed rule has been reviewed 

under E.O. 13175—Consultation and 

Coordination with Indian Tribal 

Governments, which requires agencies 

to consider whether their rulemaking 

actions would have tribal implications. 

AMS has determined that this 

proposed rule is unlikely to have 

substantial direct effects on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

Executive Order 12988 

This proposed rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This proposed action is 

not intended to have retroactive effect. 

There are no administrative procedures 

that must be exhausted prior to any 

judicial challenge to the provisions of 

this rule. 

Background 

AMS continuously reviews fruit and 

vegetable grade standards to ensure 

their effectiveness in the industry and to 

modernize language. 

On June 12, 2020, the American Pecan 

Council (APC) petitioned AMS to revise 

the U.S. Standards for Grades of Pecans 

in the Shell and the U.S. Standards for 

Grades of Shelled Pecans (Standards or 

Grade Standards). The APC was 

established by, and is regulated under, 

the Federal marketing order for the 

pecan industry, Marketing Order 986, 

and represents all 15 major U.S. pecangrowing states. 

The APC noted that the pecan 

Standards have not been substantially 

updated since 1969, the year they were 

issued, and the terminology of the 

Standards no longer reflect current 

industry descriptions and practices. The 

National Pecan Shellers Association 

directed the initiative to update the 

Standards for the APC. The APC voted 

unanimously to submit their proposed 

revisions to the USDA. AMS and the 

APC have since collaborated to refine 

the proposed revisions. 

The proposed changes to the 

Standards would replace current grades 

with new ones, revise scoring guides for 

defects, create new sizes, and revise 

definitions. AMS proposes to revise the 

U.S. Standards for Grades of Pecans in 

the Shell and the U.S. Standards for 

Grades of Shelled Pecans by replacing 

the current grades with U.S. Extra 

Fancy, U.S. Fancy, U.S. Choice, and 

U.S. Standard grades. The two current 

grades for pecans in the shell are U.S. 

No. 1 and U.S. No. 2. The six current 

grades for shelled pecans are U.S. No. 1 

Halves, U.S. No. 1 Halves and Pieces, 

U.S. No. 1 Pieces, U.S. Commercial 

Halves, U.S. Commercial Halves and 

Pieces, and U.S. Commercial Pieces. 

These proposed changes represent 

current industry descriptions and 

practices. 

The proposed revisions do not affect 

Marketing Order 986 or applicable 

imports since there are no grade, size, or 

quality standards currently applied 

under the marketing order. 

A 60-day comment period is provided 

for interested persons to submit 

comments on the proposed revised 


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Grade Standards. Copies of the 

proposed revised standards are at 

https://www.regulations.gov. After the 

60-day comment period, AMS will 

move forward in accordance with 7 CFR 

36.3(a)(1) through (3). 

Initial Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA) (5 

U.S.C. 601–612), AMS has considered 

the economic impact of this proposed 

rule on small entities. Accordingly, 

AMS has prepared this initial regulatory 

flexibility analysis. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

businesses subject to such actions so 

that small businesses will not be unduly 

or disproportionately burdened. 

Small agricultural producers are 

defined by the Small Business 

Administration (SBA) as those having 

annual receipts of no more than 

$1,000,000 (13 CFR 121.201). Small 

agricultural service firms (handlers) are 

defined as those with annual receipts of 

no more than $30,000,000 (13 CFR 

121.201). 

USDA used the following data and 

computations to estimate whether a 

majority of U.S. pecan growers and 

handlers qualify as small or large 

businesses, and the potential economic 

impact of this proposed rule on them. 

There are two distinct steps in this 

computation. The first step is to use 

2017 Agricultural Census date to 

estimate the number of commercial 

pecan growers, using Marketing Order 

986’s definition of a grower. The second 

step is to take that estimated number of 

commercial pecan growers and compute 

the proportion of those growers that are 

small or large businesses using the SBA 

size threshold of $1,000,000 in annual 

sales. 

Almost all U.S. pecans are grown in 

a 15-state production area that consists 

of Alabama, Arkansas, Arizona, 

California, Florida, Georgia, Kansas, 

Louisiana, Missouri, Mississippi, North 

Carolina, New Mexico, Oklahoma, 

South Carolina, and Texas (7 CFR 

986.31). Under Marketing Order 986, the 

term ‘‘grower’’ includes those who 

produce a minimum of 50,000 pounds 

of inshell pecans during a representative 

period or who own a minimum of 30 

pecan acres (7 CFR 986.17(b)). Growers 

with an orchard that is fewer than 30 

pecan acres are not regulated by 

Marketing Order 986 and do not pay an 

assessment. 

In the 2017 Census of Agriculture, the 

most recent edition to date, 25 acres is 

the lower bound of the range that 

includes 30 acres (25 to 49.9 acres). In 

the 12 states for which the Census has 

data on the number of pecan farms, the 

Census identified 17,144 total pecan 

farms. Of those, 3,221 were farms with 

25 pecan acres or more (with bearing 

and non-bearing acres). Since Marketing 

Order 986 defines the threshold for a 

commercially viable farm as 30 acres, 

the estimate of 3,221 commercial pecan 

farms may be moderately overstated but 

is the best available estimate of farms 

selling into the commercial market and 

therefore most affected by grade 

standards applied to the sale of pecans 

to handlers. 

The second step in the computation is 

to estimate the number of commercial 

pecan growers that are small and large 

businesses. 

The Census identified 440 farms with 

sales of more than $1,000,000, which 

qualify as a large business under the 

SBA standard, which represents 14 

percent of the 3,221 farms with 25 or 

more acres and 3 percent of total pecan 

farms. Therefore, 86 percent of 

commercially viable pecan farms are 

small businesses under the SBA 

standard. 

The remaining pecan farms do not sell 

directly into regular commercial 

channels but rather sell small quantities 

to larger farm operations or other 

businesses. 

The APC estimates there are 105 

handlers subject to regulation under 

Marketing Order 986. National 

Agricultural Statistics Service (NASS) 

data for the years 2018 through 2020, 

show that the national average quantity 

of pecans produced was 267.3 million 

pounds, with a crop value of $442.6 

million. Dividing crop value by quantity 

yields a 3-year average grower price of 

$1.66 per inshell pound. The average 

handler margin is approximately $0.60 

per inshell pound according to evidence 

presented in 2015 during formal 

rulemaking for Marketing Order 986. 

Adding the average handler margin to 

the 3-year average grower price of $1.66 

per pound results in an estimated 

handler price of $2.26 per inshell 

pound. Multiplying the estimated 

handler price per pound by the 3-year 

average production of 267.3 million 

pounds yields a total value of 

production at the handler level of 

approximately $604 million. Dividing 

this handler-level value of pecan 

production by the number of handlers 

(105) results in an average return per 

handler of $5.75 million, well below the 

SBA small business threshold of 

$30,000,000 in annual receipts. Building 

in a $0.10 higher or lower cost to 

account for changes since the 2015 data, 

the range of average returns per 

handlers could be from $5.5 to $6.0 

million, still well below $30,000,000. 

Using these estimated prices, utilization 

volume, and number of handlers, and 

assuming a normal bell-curve 

distribution of receipts among handlers, 

the majority of handlers qualify as small 

businesses. 

Food grading standards provide 

important quality information to buyers 

and sellers that contribute to the 

efficient marketing of agricultural 

commodities. Because the proposed 

revisions of the Grade Standards 

represent current industry grading 

practices, these changes will not require 

any significant changes in grower or 

handler business operations nor any 

significant industry educational effort. 

As the Standards are voluntary, 

handlers are not required to use the new 

terms or make any changes. Neither 

large nor small handlers will incur 

additional costs. No small businesses 

will be unduly or disproportionately 

burdened. 

USDA has determined that this rule is 

consistent with and would effectuate 

the purpose of the Agricultural 

Marketing Act of 1946. Therefore, this 

rule proposes to revise the voluntary 

U.S. Standards for Grades of Pecans in 

the Shell and the U.S. Standards for 

Shelled Pecans issued under the 

Agricultural Marketing Act of 1946. 

List of Subjects in 7 CFR Part 51 

Agricultural commodities, Food 

grades and standards, Fruits, Nuts, 

Reporting and recordkeeping 

requirements, Vegetables. 

For reasons set forth in the preamble, 

the Agricultural Marketing Service 

proposes to amend 7 CFR part 51 as 

follows: 

PART 51—FRESH FRUITS, 

VEGETABLES, AND OTHER 

PRODUCTS (INSPECTION, 

CERTIFICATION, AND STANDARDS) 

■ 1. The authority citation for part 51 

continues to read as follows: 

Authority: 7 U.S.C. 1621–1627. 

■ 2. Revise § 51.1400 to read as follows: 

§ 51.1400 U.S. Extra Fancy. 

U.S. Extra Fancy consists of pecans in 

the shell which meet the following 

requirements: 

(a) Free from loose, extraneous, or 

foreign material. 

(b) Well cured. 

(c) Shells are: 

(1) Uniform in color; and 

(2) Free from damage by any cause. 

(d) Kernels are: 

(1) Well developed; 

(2) Uniform in color and not darker 

than ‘‘light;’’ and 


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(3) Free from damage by any cause. 

(e) For tolerances see § 51.1406. 

■ 3. Revise § 51.1401 to read as follows: 

§ 51.1401 U.S. Fancy. 

U.S. Fancy consists of pecans in the 

shell which meet the following 

requirements: 

(a) Free from loose, extraneous, or 

foreign material. 

(b) Well cured. 

(c) Shells are: 

(1) Uniform in color; and 

(2) Free from damage by any cause. 

(d) Kernels are: 

(1) Fairly well developed; 

(2) Uniform in color; 

(3) Not darker than ‘‘light amber,’’ 

unless specified to a lighter color 

classification; and 

(4) Free from damage by any cause. 

(e) For tolerances see § 51.1406. 

■ 4. Remove the undesignated center 

heading preceding § 51.1402. 

■ 5. Revise § 51.1402 to read as follows: 

§ 51.1402 U.S. Choice. 

U.S. Choice consists of pecans in the 

shell which meet the following 

requirements: 

(a) Free from loose, extraneous, or 

foreign material. 

(b) Well cured. 

(c) Shells are: 

(1) Fairly uniform in color; and 

(2) Free from serious damage by any 

cause. 

(d) Kernels are: 

(1) Not poorly developed; 

(2) Fairly uniform in color; 

(3) Not darker than ‘‘amber,’’ unless 

specified to a lighter color classification; 

and 

(4) Free from serious damage by any 

cause. 

(e) For tolerances see § 51.1406. 

■ 6. Remove the undesignated center 

heading preceding § 51.1403. 

■ 7. Revise § 51.1403 to read as follows: 

§ 51.1403 U.S. Standard. 

U.S. Standard consists of pecans in 

the shell which meet the following 

requirements: 

(a) Free from loose, extraneous, or 

foreign material; 

(b) Well cured; 

(c) No requirement for fullness of 

kernel; 

(d) No requirement for uniformity of 

color of shells or kernels; 

(e) May contain kernels that are ‘‘dark 

amber’’ or darker, unless specified to a 

lighter color classification; and 

(f) Increased tolerances for defects see 

§ 51.1406. 

■ 8. Revise the undesignated center 

heading preceding § 51.1404 to read as 

follows: 

Size Classification 

■ 9. Revise § 51.1404 to read as follows: 

§ 51.1404 Size classification. 

Size of pecans may be specified in 

connection with the grade in accordance 

with one of the following classifications. 

To meet the requirements for any one of 

the classifications in Table 1 to this 

section, the lot must conform to both the 

specified number of nuts per pound and 

the weight of the 10 smallest nuts per 

100-nut sample. 

TABLE 1 TO § 51.1404 

Size classification Number of nuts per 

pound 

Minimum weight of the 10 smallest nuts per 

100-nut sample 

Jumbo ............................

Extra Large ....................

Large .............................

Medium ..........................

Small .............................

55 or less ....................

56 to 63 

64 to 77 

78 to 100 

101 more 

In each classification, the 10 smallest nuts per 100 must weigh at least 7% of the total 

weight of the 100 nut-sample. 

■ 10. Revise the undesignated center 

heading preceding § 51.1405 to read as 

follows: 

Kernel Color Classification 

■ 11. Revise § 51.1405 to read as 

follows: 

§ 51.1405 Kernel color classification. 

(a) The skin color of the pecan kernels 

may be described in terms of the color 

classifications provided in this section. 

When the color of kernels in a lot 

generally conforms to the ‘‘light’’ or 

‘‘light amber’’ classification, the color 

classification may be used to describe 

the lot in connection with the grade. 

(1) Light means that the kernel is 

mostly golden color or lighter, with not 

more than 25 percent of the surface 

darker than golden, and none of the 

surface darker than light brown. 

(2) Light amber means that more than 

25 percent of the kernel is light brown, 

with not more than 25 percent of the 

surface darker than light brown, none of 

which is darker than medium brown. 

(3) Amber means that more than 25 

percent of the kernel is medium brown, 

with not more than 25 percent of the 

surface darker than medium brown, 

none of which is darker than dark 

brown (very dark brown or blackishbrown discoloration). 

(4) Dark amber means that more than 

25 percent of the kernel is dark brown, 

with not more than 25 percent of the 

surface darker than dark brown (very 

dark brown or blackish-brown 

discoloration). 

(b) U.S. Department of Agriculture 

kernel color standards, PEC–MC–1, 

illustrate the color intensities implied 

by the terms ‘‘golden,’’ ‘‘light brown,’’ 

‘‘medium brown,’’ and ‘‘dark brown’’ 

referred to in paragraph (a) of this 

section. The color standards are 

available at https://www.ams.usda.gov/ 

grades-standards. 

■ 12. Revise the undesignated center 

heading preceding § 51.1406 to read as 

follows: 

Tolerances 

■ 13. Revise § 51.1406 to read as 

follows: 

§ 51.1406 Tolerances. 

In order to allow for variations 

incident to proper grading and handling 

in each of the foregoing grades, the 

following tolerances are provided as 

specified: 

(a) U.S. Extra Fancy, U.S. Fancy, and 

U.S. Choice grades—(1) For shell 

defects, by count. 5 percent for pecans 

with damaged shells, including therein 

not more than 2 percent for shells which 

are seriously damaged. 

(2) For kernel defects, by count. 12 

percent for pecans with kernels which 

fail to meet the requirements for the 

grade or any specified color 

classification, including therein not 

more than 7 percent for kernels which 

are seriously damaged: Provided, That 

not more than 6 percent shall be 

allowed for kernels which are rancid, 

moldy, decayed, or injured by insects: 

Provided further, That included in this 


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6 percent tolerance not more than 0.5 

percent (one-half of 1 percent) shall be 

allowed for pecans with live insects 

inside the shell. 

(3) For loose, extraneous, or foreign 

material, by weight. 0.5 percent (onehalf of 1 percent). 

(b) U.S. Standard grade—(1) For shell 

defects, by count. 10 percent for pecans 

with damaged shells, including therein 

not more than 3 percent for shells which 

are seriously damaged. 

(2) For kernel defects, by count. 30 

percent for pecans with kernels which 

fail to meet the requirements for the 

U.S. Extra Fancy, U.S. Fancy, or U.S. 

Choice grades, including therein not 

more than 10 percent for kernels which 

are seriously damaged: Provided, That 

not more than 7 percent shall be 

allowed for kernels which are rancid, 

moldy, decayed, or injured by insects: 

Provided further, That included in this 

7 percent tolerance not more than 0.5 

percent (one-half of 1 percent) shall be 

allowed for pecans with live insects 

inside the shell. 

(3) For loose, extraneous, or foreign 

material, by weight. 0.5 percent (onehalf of 1 percent). 

■ 14. Revise the undesignated center 

heading preceding § 51.1407 to read as 

follows: 

Application of Tolerances 

■ 15. Revise § 51.1407 to read as 

follows: 

§ 51.1407 Application of tolerances. 

Individual 100-count samples shall 

have mot more than one and one-half 

times a specified tolerance of 5 percent 

or more and not more than double a 

tolerance of less than 5 percent, except 

that at least one pecan which is 

seriously damaged by live insects inside 

the shell is permitted: Provided, That 

the averages for the entire lot are within 

the tolerances specified for the grade. 

■ 16. Add an undesignated center 

heading preceding § 51.1408 to read as 

follows: 

Sample for Grade or Size Determination 

■ 17. Revise § 51.1408 to read as 

follows: 

§ 51.1408 Sample for grade or size 

determination. 

Each sample shall consist of 100 

pecans. The individual sample shall be 

drawn at random from a sufficient 

number of packages to form a 100-count 

composite sample. The number of such 

individual 100-count samples drawn for 

grade or size determination will vary 

with the size of the lot. When 

practicable, at point of packaging the 

sample may be obtained from the 

grading belt after sorting has been 

completed. 

■ 18. Add an undesignated center 

heading preceding § 51.1409 to read as 

follows: 

Definitions 

■ 19. Revise § 51.1409 to read as 

follows: 

§ 51.1409 Loose extraneous or foreign 

material. 

Loose extraneous or foreign material 

means loose hulls, empty broken shells, 

rocks, wood, glass, plastic, or any 

substance other than pecans in the shell 

or pecan kernels. 

■ 20. Revise § 51.1410 to read as 

follows: 

§ 51.1410 Well cured. 

Well cured means the kernel separates 

freely from the shell, breaks cleanly 

when bent without splintering, 

shattering, or loosening the skin; and 

the kernel appears to be in good 

shipping or storage condition as to 

moisture content. 

■ 21. Revise § 51.1411 to read as 

follows: 

§ 51.1411 Well developed. 

Well developed means that the kernel 

is full-meated throughout its width and 

length. 

■ 22. Revise § 51.1412 to read as 

follows: 

§ 51.1412 Fairly well developed. 

Fairly well developed means that the 

kernel is full-meated in over 50 percent 

of its width and length. 

■ 23. Revise § 51.1413 to read as 

follows: 

§ 51.1413 Poorly developed. 

Poorly developed means that the 

kernel is full-meated in less than 25 

percent of its width and length. 

■ 24. Revise § 51.1414 to read as 

follows: 

§ 51.1414 Uniform in color. 

Uniform in color means that the shells 

do not show sufficient variation in color 

to detract from the general appearance 

of the lot and that 95 percent or more 

of the kernels in the lot have skin color 

within the range of one or two color 

classifications. 

■ 25. Revise § 51.1415 to read as 

follows: 

§ 51.1415 Fairly uniform in color. 

Fairly uniform in color means that the 

shells do not show sufficient variation 

in color to materially detract from the 

general appearance of the lot and that 85 

percent or more of the kernels in the lot 

have skin color within the range of one 

or two color classifications. 

■ 26. Remove the undesignated center 

heading preceding § 51.1416. 

■ 27. Revise § 51.1416 to read as 

follows: 

§ 51.1416 Damage. 

Damage means any specific defect 

described in this section; or an equally 

objectionable variation of any one of 

these defects, or any other defect, or any 

combination of defects, which 

materially detracts from the appearance 

or the edible or marketing quality of the 

individual pecan or the general 

appearance of the pecans in the lot. The 

following defects shall be considered as 

damage: 

(a) Adhering hull material or dark 

stains affecting an aggregate of more 

than 5 percent of the surface of the 

individual shell; 

(b) Adhering material from inside the 

shell when firmly attached to more than 

one-third of the outer surface of the 

kernel and contrasting in color with the 

skin of the kernel; 

(c) Broken shells when any portion of 

the shell is missing; 

(d) Internal flesh discoloration of a 

medium shade of gray or brown 

extending more than one-fourth inch (6 

mm) lengthwise beneath the center 

ridge, or any equally objectionable 

amount in other portions of the kernel; 

or lesser areas of dark discoloration 

affecting the appearance to an equal or 

greater extent; 

(e) Kernels which are dark amber in 

color; 

(f) Kernels which are not well cured; 

(g) Kernel spots when more than one 

dark spot is present on either half of the 

kernel, or when any such spot is more 

than one-eighth inch (3 mm) in greatest 

dimension; 

(h) Poorly developed kernels; 

(i) Shriveling when the surface of the 

kernel is very conspicuously wrinkled; 

and 

(j) Split or cracked shells when the 

shell is spread apart or will spread upon 

application of slight pressure. 

■ 28. Add § 51.1417 to read as follows: 

§ 51.1417 Serious damage. 

Serious damage means any specific 

defect described in this section; or an 

equally objectionable variation of any 

one of these defects, or any other defect, 

or any combination of defects, which 

seriously detracts from the appearance 

or the edible or marketing quality of the 

individual pecan. The following defects 

shall be considered as serious damage: 

(a) Adhering hull material or dark 

stains affecting an aggregate of more 

than 20 percent of the individual shell; 

(b) Broken shells when the missing 

portion of shell is greater in area than 


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a circle one-fourth inch (6 mm) in 

diameter; 

(c) Dark discoloration of the skin 

which is darker than dark amber over 

more than 25 percent of the surface of 

the kernel; 

(d) Decay affecting any portion of the 

kernel; 

(e) Insects, web, frass, or the kernel 

shows distinct evidence of insect 

feeding on the kernel; 

(f) Internal flesh discoloration of a 

dark shade extending more than onethird the length of the kernel beneath 

the ridge, or an equally objectionable 

amount of dark discoloration in other 

portions of the kernel; 

(g) Kernel spots when more than three 

dark spots on either half of the kernel, 

or when any spot or the aggregate of two 

or more spots on one of the halves of the 

kernel affects more than 10 percent of 

the surface; 

(h) Mold, on the surface or inside the 

kernel, which is plainly visible without 

magnification; 

(i) Rancidity when the kernel is 

distinctly rancid to the taste. Staleness 

of flavor shall not be classed as 

rancidity; 

(j) Undeveloped kernels having 

practically no food value, or which are 

blank (complete shell containing no 

kernel); and 

(k) Worm holes when penetrating the 

shell. 

■ 29. Add § 51.1418 to read as follows: 

§ 51.1418 Inedible kernels. 

Inedible kernels means that the kernel 

or pieces of kernels are rancid, moldy, 

decayed, injured by insects or otherwise 

unsuitable for human consumption. 

■ 30. Add § 51.1419 to read as follows: 

§ 51.1419 Rancidity. 

Rancidity refers to the tendency of the 

oil in a pecan kernel to become tainted 

as a result of oxidation or hydrolysis. 

While there is no definitive measure to 

determine rancidity, the tendency of the 

kernel to become rancid can be 

evaluated by testing the kernel’s 

peroxide and free fatty acid values. 

Peroxide values should be less than 5 

mEq/kg and free fatty acid should be 

less than 1%. 

■ 31. Add § 51.1420 to read as follows: 

§ 51.1420 Kernel moisture content. 

Moisture content shall be no more 

than 6%, unless otherwise specified. 

■ 32. Revise § 51.1430 to read as 

follows: 

§ 51.1430 U.S. Extra Fancy. 

U.S. Extra Fancy consists of pecan 

half-kernels which meet the following 

requirements: 

(a) For quality. (1) Well dried; 

(2) Well developed; 

(3) Uniform in color; 

(4) Not darker than ‘‘light;’’ 

(5) Free from damage by any cause; 

and 

(6) Comply with tolerances for defects 

(see § 51.1437). 

(b) For size. (1) Uniform in size; and 

(2) Conform to size classification or 

count specified. 

■ 33. Revise § 51.1431 to read as 

follows: 

§ 51.1431 U.S. Fancy. 

U.S. Fancy consists of pecan halfkernels which meet the following 

requirements: 

(a) For quality. (1) Well dried; 

(2) Fairly well developed; 

(3) Uniform in color; 

(4) Not darker than ‘‘light amber,’’ 

unless specified to a lighter color 

classification; 

(5) Free from damage by any cause; 

and 

(6) Comply with tolerances for defects 

(see § 51.1437). 

(b) For size. (1) Uniform in size; and 

(2) Conform to size classification or 

count specified. 

■ 34. Revise § 51.1432 to read as 

follows: 

§ 51.1432. U.S. Choice. 

U.S. Choice consists of pecan halfkernels which meet the following 

requirements: 

(a) For quality. (1) Well dried; 

(2) Not poorly developed; 

(3) Fairly uniform in color; 

(4) Not darker than ‘‘amber,’’ unless 

specified to a lighter color classification; 

(5) Free from serious damage by any 

cause; and 

(6) Comply with tolerances for defects 

(see § 51.1437). 

(b) For size. (1) Fairly uniform in size; 

and 

(2) Conform to size classification or 

count specified. 

■ 35. Revise § 51.1433 to read as 

follows: 

§ 51.1433 U.S. Standard. 

U.S. Standard consists of pecan halfkernels which meet the following 

requirements: 

(a) For quality. (1) Well dried; 

(2) No requirement for fullness of 

kernel; 

(3) No requirement for uniformity of 

kernel; 

(4) May contain kernels ‘‘dark amber’’ 

or darker, unless specified to a lighter 

color classification; and 

(5) Increased tolerances for defects 

(see § 51.1437). 

(b) For size. (1) No uniformity in size; 

and 

(2) Conform to size classification or 

count specified. 

■ 36. Add an undesignated center 

heading preceding § 51.1434 to read as 

follows: 

Color Classifications 

■ 37. Revise § 51.1434 to read as 

follows: 

§ 51.1434 Color classification. 

(a) The skin color of pecan kernels 

may be described in terms of the color 

classifications provided in this section. 

When the color of kernels in a lot 

generally conforms to ‘‘light’’ or ‘‘light 

amber’’ classification, that color 

classification may be used to describe 

the lot in connection with the grade. 

(1) Light means that the kernel is 

mostly golden color or lighter, with not 

more than 25 percent of the surface 

darker than golden, and none of the 

surface darker than light brown. 

(2) Light amber means that the kernel 

has more than 25 percent of the surface 

light brown, but not more than 25 

percent of surface darker than light 

brown, and none of the surface darker 

than medium brown. 

(3) Amber means that the kernel has 

more than 25 percent of the surface 

medium brown, but not more than 25 

percent of surface darker than medium 

brown, and none of the surface darker 

than dark brown (very dark brown or 

blackish-brown discoloration). 

(4) Dark amber means that the kernel 

has more than 25 percent of the surface 

dark brown, but not more than 25 

percent of surface darker than dark 

brown (very dark brown or blackishbrown discoloration). 

(b) U.S. Department of Agriculture 

kernel color standards, PEC–MC–1, 

illustrate the color intensities implied 

by the terms ‘‘golden,’’ ‘‘light brown,’’ 

‘‘medium brown,’’ and ‘‘dark brown’’ 

referred to in paragraph (a) of this 

section. The color standards are 

available at https://www.ams.usda.gov/ 

grades-standards. 

■ 38. Add an undesignated center 

heading preceding § 51.1435 to read as 

follows: 

Size Classifications 

■ 39. Revise § 51.1435 to read as 

follows: 

§ 51.1435 Size classification for halves. 

The size of pecan halves in a lot may 

be specified in accordance with one of 

the size classifications shown in Table 

1 to this section. 

(a) Basis of weight. The number of 

halves per pound shall be based upon 

the weight of half-kernels after all 

pieces, meal and flour, shell, center 


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wall, and foreign material have been 

removed. 

(b) Size specifications. In lieu of the 

size classifications in Table 1 to this 

section, the size of pecan halves in a lot 

may be specified in terms of the number 

of halves or a range of number of halves 

per pound. For example, ‘‘400’’ or ‘‘600– 

700.’’ 

(c) Tolerance for count per pound. In 

order to allow for variations incident to 

proper sizing, a tolerance shall be 

permitted as follows: 

(1) When an exact number of halves 

per pound is specified, the actual count 

per pound may vary not more than 5 

percent from the specified number; and 

(2) When any size classification 

shown in Table 1 to this section or a 

range in count per pound is specified, 

no tolerance shall be allowed for counts 

outside of the specified range. 

(d) Tolerances for pieces, meal, and 

flour—(1) For U.S. Extra Fancy halves. 

In order to allow for variations incident 

to proper sizing and handling, not more 

than 5 percent, by weight, of any lot 

may consist of pieces, meal, and flour: 

Provided, That included in this amount, 

not more than 3 percent, shall be 

allowed for portions less than one-half 

of a complete half-kernel, including not 

more than 1 percent for meal and flour. 

(2) For U.S. Fancy halves. In order to 

allow for variations incident to proper 

sizing and handling, not more than 15 

percent, by weight, of any lot may 

consist of pieces, meal, and flour: 

Provided, That not more than one-third 

of this amount, or 5 percent, shall be 

allowed for portions less than one-half 

of a complete half-kernel, including not 

more than 1 percent for meal and flour. 

(3) For all other halves. In order to 

allow for variations incident to proper 

sizing and handling, not more than 20 

percent, by weight, of any lot may 

consist of pieces, meal, and flour: 

Provided, That not more than onequarter of this amount, or 5 percent, 

shall be allowed for portions less than 

one-half of a complete half-kernel, 

including not more than 1 percent for 

meal and flour. 

TABLE 1 TO § 51.1435 

Size classification 

for halves 

Number of halves 

per pound 

Mammoth .................................. 250 or less. 

Junior Mammoth ....................... 251 to 350. 

Jumbo ....................................... 351 to 450. 

Large ........................................ 451 to 550. 

Medium ..................................... 551 to 650. 

Topper ...................................... 651 to 750. 

King Topper .............................. 751 more. 

■ 40. Remove the undesignated center 

heading preceding § 51.1436. 

■ 41. Revise § 51.1436 to read as 

follows: 

§ 51.1436 Size classification for pieces. 

The size of pecan pieces in a lot may 

be specified in accordance with one of 

the size classifications shown in Table 

1 to this section. Sizes are measured 

using a round-hole screen. 

(a) Size specifications. In lieu of the 

size classifications in Table 1 to this 

section, the size of pieces in a lot may 

be specified in terms of minimum 

diameter, or as a range described in 

terms of minimum and maximum 

diameters expressed in sixteenths or 

sixty-fourths of an inch. 

(b) Tolerances for size of pieces. In 

order to allow for variations incident to 

proper sizing, tolerances are provided 

for pieces in a lot which fail to meet the 

requirements of any size specified. The 

tolerances, by weight, are as follows: 

(1) For U.S. Extra Fancy and Fancy 

pieces. Not more than 15 percent of the 

lot may fall outside of the size range in 

Table 1 to this section. Further, not 

more than 1 percent of the pieces may 

pass through an eight sixty-fourths of an 

inch round hole screen. 

(2) For U.S. Choice pieces. Not more 

than 20 percent of the lot may fall 

outside of the size range in Table 1 to 

this section. Further, not more than 2 

percent of the pieces may pass through 

an eight sixty-fourths of an inch round 

hole screen. 

(3) For U.S. Standard pieces. Not 

more than 25 percent of the lot may fall 

outside of the size range in Table 1 to 

this section. Further, not more than 2 

percent of the pieces may pass through 

an eight sixty-fourths of an inch round 

hole screen. 

TABLE 1 TO § 51.1436 

Size classification 

Maximum diameter 

(will pass through round opening 

of the following diameter) 

Minimum diameter 

(will not pass through round opening 

of the following diameter) 

Extra-Large Pieces ............................................ No limitation ...................................................... 32/64 inch. 

Large Pieces ...................................................... 32/64 inch ......................................................... 24/64 inch. 

Halves and Pieces ............................................. No limitation ...................................................... 20/64 inch. 

Medium Pieces .................................................. 24/64 inch ......................................................... 16/64 inch. 

Small Pieces ...................................................... 16/64 inch ......................................................... 12/64 inch. 

Topping Pieces .................................................. 12/64 inch ......................................................... 8/64 inch. 

Granules ............................................................ 8/64 inch ........................................................... 4/64 inch. 

■ 42. Revise the undesignated center 

heading preceding § 51.1437 to read as 

follows: 

Tolerances for Defects 

■ 43. Revise § 51.1437 to read as 

follows: 

§ 51.1437 Tolerances for defects. 

In order to allow for variations 

incident to proper grading and handling 

in each of the foregoing grades, the 

following tolerances, by weight, are 

provided as specified: 

(a) U.S. Extra Fancy grade. (1) No 

foreign material; 

(2) 0.01 percent for shell, and center 

wall; 

(3) Zero tolerance is provided for 

pecan weevil; 

(4) 3 percent for portions of kernels 

which are ‘‘dark amber’’ or darker color; 

and 

(5) 3 percent for portions of kernels 

which fail to meet the remaining 

requirements of the grade, including 

therein not more than 0.50 percent for 

defects causing serious damage: 

Provided, That any unused portion of 

this tolerance may be applied to 

increase the tolerance for kernels which 

are ‘‘dark amber’’ or darker color, or 

darker than any specified lighter color 

classification. 

(b) U.S. Fancy grade. (1) No foreign 

material; 

(2) 0.01 percent for shell and center 

wall; 

(3) No more than 2 pecan weevil 

larvae per 30-pounds of product; 

(4) 5 percent for portions of kernels 

which are ‘‘dark amber’’ or darker color, 

or darker than any specified lighter 

color classification, but which are not 

otherwise defective; and 

(5) 5 percent for portions of kernels 

which fail to meet the remaining 

requirements of the grade, including 


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therein not more than 0.50 percent for 

defects causing serious damage: 

Provided, That any unused portion of 

this tolerance may be applied to 

increase the tolerance for kernels which 

are ‘‘dark amber’’ or darker color, or 

darker than any specified lighter color 

classification. 

(c) U.S. Choice grade. (1) No foreign 

material; 

(2) 0.01 percent for shell and center 

wall; 

(3) No more than 5 pecan weevil 

larvae per 30-pounds of product; 

(4) 15 percent for portions of kernels 

which are ‘‘dark amber’’ or darker color, 

or darker than any specified lighter 

color classification, but which are not 

otherwise defective; and 

(5) 8 percent for portions of kernels 

which fail to meet the remaining 

requirements of the grade, including 

therein not more than 1 percent for 

defects causing serious damage. 

(d) U.S. Standard grade. (1) No foreign 

material; 

(2) 0.01 percent for shell and center 

wall; 

(3) No limit on the number of pecan 

weevil larvae per 30 pounds of product; 

(4) 25 percent for portions of kernels 

which are ‘‘dark amber’’ or darker color, 

or darker than any specified lighter 

color classification, but which are not 

otherwise defective; and 

(5) 15 percent for portions of kernels 

which fail to meet the remaining 

requirements of the grade, including 

therein not more than 1 percent for 

defects causing serious damage. 

■ 44. Add an undesignated center 

heading preceding § 51.1438 to read as 

follows: 

Application of Standards 

■ 45. Revise § 51.1438 to read as 

follows: 

§ 51.1438 Application of standards. 

The grade of a lot of shelled pecans 

shall be determined on the basis of a 

composite sample drawn at random 

from containers in various locations in 

the lot. However, any identifiable 

container or number of containers in 

which the pecans are obviously of a 

quality or size materially different from 

that in the majority of containers, shall 

be considered as a separate lot, and 

shall be sampled and graded separately. 

■ 46. Revise the undesignated center 

heading preceding § 51.1439 to read as 

follows: 

Definitions 

■ 47. Revise § 51.1439 to read as 

follows: 

§ 51.1439 Half-kernel. 

(a) For Extra Fancy halves, a halfkernel means one of the separated 

halves of an entire pecan kernel with 

not more than one-eighth of its original 

volume missing, exclusive of the 

portion which formerly connected the 

two halves of the kernel. 

(b) For all other halves, a half-kernel 

means one of the separated halves of an 

entire pecan kernel with not more than 

one-quarter of its original volume 

missing, exclusive of the portion which 

formerly connected the two halves of 

the kernel. 

■ 48. Remove the undesignated center 

heading preceding § 51.1440. 

■ 49. Revise § 51.1440 to read as 

follows: 

§ 51.1440 Piece. 

Piece means a portion of a kernel 

which is less than seven-eighths of a 

half-kernel, but which will not pass 

through a round opening four sixtyfourths of an inch in diameter. 

■ 50. Remove the undesignated center 

heading preceding § 51.1441. 

■ 51. Revise § 51.1441 to read as 

follows: 

§ 51.1441 Meal and flour. 

Meal and flour means fragments of 

kernels which will pass through a round 

opening four sixty-fourths of an inch in 

diameter. 

■ 52. Revise § 51.1442 to read as 

follows: 

§ 51.1442 Well dried. 

Well dried means that the portion of 

kernel is firm and crisp, not pliable, or 

leathery. Moisture should be no more 

than 4.5%, unless otherwise specified. 

■ 53. Revise § 51.1443 to read as 

follows: 

§ 51.1443 Well developed. 

Well developed means that the kernel 

is full-meated through its width and 

length. 

■ 54. Revise § 51.1444 to read as 

follows: 

§ 51.1444 Fairly well developed. 

Fairly well developed means that the 

kernel is full-meated in over 50 percent 

of its width and length. 

■ 55. Revise § 51.1445 to read as 

follows: 

§ 51.1445 Poorly developed. 

Poorly developed means that the 

kernel is full-meated in less than 25 

percent of its width and length. 

■ 56. Revise § 51.1446 to read as 

follows: 

§ 51.1446 Uniform in color. 

Uniform in color means that 95 

percent or more of the kernels in the lot 

have skin color within the range of one 

or two color classifications. 

■ 57. Revise § 51.1447 to read as 

follows: 

§ 51.1447 Fairly uniform in color. 

Fairly uniform in color means that 85 

percent or more of the kernels in the lot 

have skin color within the range of one 

or two color classifications. 

■ 58. Revise § 51.1448 to read as 

follows: 

§ 51.1448 Uniform in size. 

Uniform in size means that, in a 

representative sample of 100 halves, the 

10 smallest halves weigh not less than 

25 percent as much as the 10 largest 

halves. 

■ 59. Revise § 51.1449 to read as 

follows: 

§ 51.1449 Fairly uniform in size. 

Fairly uniform in size means that, in 

a representative sample of 100 halves, 

the 10 smallest halves weigh not less 

than one-half as much as the 10 largest 

halves. 

■ 60. Revise § 51.1450 to read as 

follows: 

§ 51.1450 Foreign material. 

Foreign material includes rocks, 

wood, glass, plastic, insects, or any 

similar material. It does not include 

hard shell, center wall, or pecan weevil 

larvae. 

■ 61. Remove the undesignated center 

heading preceding § 51.1451. 

■ 62. Revise § 51.1451 to read as 

follows: 

§ 51.1451 Damage. 

Damage means any specific defect 

described in this section; or an equally 

objectionable variation of any one of 

these defects, or any other defect, or any 

combination of defects, which 

materially detracts from the appearance 

or the edible or marketing quality of the 

individual portion of the kernel or of the 

lot as a whole. The following defects 

shall be considered as damage: 

(a) Adhering material from inside the 

shell when attached to more than onefourth of the surface on one side of the 

half-kernel or piece; 

(b) Dust or dirt adhering to the kernel 

when conspicuous; 

(c) Internal flesh discoloration of a 

medium shade of gray or brown 

extending more than one-fourth the 

length of the half-kernel or piece, or 

lesser areas of dark discoloration 

affecting the appearance to an equal or 

greater extent; 

(d) Kernel which is not well dried; 

(e) Kernel which is ‘‘dark amber’’ or 

darker color; 

(f) Kernel having more than one dark 

kernel spot, or one dark kernel spot 


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more than one-eighth inch in greatest 

dimension; 

(g) Poorly developed kernel; and 

(h) Shriveling when the surface of the 

kernel is very conspicuously wrinkled. 

■ 63. Add § 51.1452 to read as follows: 

§ 51.1452 Serious damage. 

Serious damage means any specific 

defect described in this section; or an 

equally objectionable variation of any 

one of these defects, or any other defect, 

or any combination of defects, which 

seriously detracts from the appearance 

or the edible or marketing quality of the 

individual portion of kernel or of the lot 

as a whole. The following defects shall 

be considered as serious damage: 

(a) Adhering material from inside the 

shell when attached to more than onehalf of the surface on one side of the 

half-kernel or piece; 

(b) Any plainly visible mold; 

(c) Dark kernel spots when more than 

three are on the kernel, or when any 

dark kernel spot or the aggregate of two 

or more spots affect an area of more than 

10 percent of the surface of the halfkernel or piece; 

(d) Dark skin discoloration, darker 

than ‘‘dark brown,’’ when covering more 

than one-fourth of the surface of the 

half-kernel or piece; 

(e) Decay affecting any portion of the 

kernel; 

(f) Insects, web, or frass or any 

distinct evidence of insect feeding on 

the kernel; 

(g) Internal discoloration, which is 

dark gray, dark brown, or black and 

extends more than one-third the length 

of the half-kernel or piece; 

(h) Rancidity when the kernel is 

distinctly rancid to the taste. Staleness 

of flavor shall not be classed as 

rancidity; and 

(i) Undeveloped kernel. 

■ 64. Add § 51.1453 to read as follows: 

§ 51.1453 Rancidity. 

Rancidity refers to the tendency of the 

oil in a pecan kernel to become tainted 

as a result of oxidation or hydrolysis. 

While there is no definitive measure to 

determine rancidity, the tendency of the 

kernel to become rancid can be 

evaluated by testing the kernel’s 

peroxide and free-fatty acid values. 

Peroxide values should be less than 5 

mEq/kg and free fatty acid should be 

less than 1%. 

■ 65. Add an undesignated center 

heading and § 51.1454 to read as 

follows: 

Metric Conversion Table 

§ 51.1454 Metric conversion table. 

TABLE 1 TO § 51.1454 

Inches Millimeters 

(mm) 

32/64 ..................................... 12.7 

28/64 ..................................... 11.1 

24/64 ..................................... 9.5 

20/64 ..................................... 7.9 

16/64 ..................................... 6.4 

12/64 ..................................... 4.8 

8/64 ....................................... 3.2 

6/64 ....................................... 2.4 

5/64 ....................................... 2.0 

4/64 ....................................... 1.6 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2022–10856 Filed 5–31–22; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2022–0467; Project 

Identifier AD–2022–00174–E] 

RIN 2120–AA64 

Airworthiness Directives; General 

Electric Company Turbofan Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain General Electric Company (GE) 

GEnx–1B and GEnx–2B model turbofan 

engines. This proposed AD was 

prompted by the detection of meltrelated freckles in the forgings and 

billets, which may reduce the life of 

certain compressor discharge pressure 

(CDP) seals, interstage seals, highpressure turbine (HPT) rotor stage 2 

disks, and stages 6–10 compressor rotor 

spools. This proposed AD would require 

revising the airworthiness limitations 

section (ALS) of the applicable GEnx– 

1B and GEnx–2B Engine Manual (EM) 

and the operator’s existing approved 

maintenance program or inspection 

program, as applicable, to incorporate 

reduced life limits for these parts. The 

FAA is proposing this AD to address the 

unsafe condition on these products. 

DATES: The FAA must receive comments 

on this proposed AD by July 18, 2022. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this NPRM, contact General Electric 

Company, 1 Neumann Way, Cincinnati, 

OH 45215; phone: (513) 552–3272; 

email: aviation.fleetsupport@ae.ge.com; 

website: https://www.ge.com. You may 

view this service information at the 

FAA, Airworthiness Products Section, 

Operational Safety Branch, 1200 District 

Avenue, Burlington, MA 01803. For 

information on the availability of this 

material at the FAA, call (817) 222– 

5110. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2022–0467; or in person at Docket 

Operations between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The AD docket contains this 

NPRM, any comments received, and 

other information. The street address for 

Docket Operations is listed above. 

FOR FURTHER INFORMATION CONTACT: 

Alexei Marqueen, Aviation Safety 

Engineer, ECO Branch, FAA, 1200 

District Avenue, Burlington, MA 01803; 

phone: (781) 238–7178; email: 

Alexei.T.Marqueen@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this proposal. Send 

your comments to an address listed 

under ADDRESSES. Include ‘‘Docket No. 

FAA–2022–0467; Project Identifier AD– 

2022–00174–E’’ at the beginning of your 

comments. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. The FAA will consider 

all comments received by the closing 

date and may amend this proposal 

because of those comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 


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