15052 Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Rules and Regulations 

flammable mixtures provision, as little as 10,000 

pounds of that product would meet the STQ for 

butane, and thus trigger the Top-Screen reporting 

requirement of CFATS. This effect would be 

inconsistent with the purpose of the special 10,000 

pound counting rule and the 60,000 pound STQ for 

the COI propane and with DHS’s express intent not 

to subject facilities to the Top-Screen requirement 

when the only COI that would otherwise trigger that 

requirement is less than 60,000 pounds of COI 

propane. See 72 FR 65406–65407, 65409–65410. 

7The statement in the Appendix A Final Rule 

preamble that the mixtures provisions for propane 

are the same as for all other release-flammables, 72 

FR 65407, should be read in this intended context. 

Since it would not be logical or reasonable to apply 

the release-flammable mixtures provision to the COI 

propane (products containing at least 87.5% 

propane), the preamble statement was intended to 

cover mixtures containing less than 87.5% propane. 

flammable mixtures rule does apply to 

products that are a combination of less 

than 87.5 percent propane and other 

release-flammable COI, since such 

mixtures are not themselves the COI 

propane.7

Robert Stephan, 

Assistant Secretary for Infrastructure 

Protection, Department of Homeland 

Security. 

[FR Doc. 08–1059 Filed 3–18–08; 12:04 pm] 

BILLING CODE 4910–15–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 51 

[Docket #AMS–2006–0136; FV–06–303] 

Potatoes; Grade Standards 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule revises the United 

States Standards for Grades of Potatoes. 

These standards are issued under the 

Agricultural Marketing Act of 1946. The 

rule provides en route or at destination 

tolerances for the U.S. No. 1 and U.S. 

No. 2 grades, revises current tolerances 

in all grades, deletes the U.S. Extra No. 

1 grade and ‘‘Unclassified’’ section, and 

defines damage and serious damage by 

the following defects which will be 

added to Table III of the External 

Defects section: Cuts, Clipped Ends, 

Elephant Hide, Flattened or Depressed 

Areas/Pressure Bruises, Grub Damage, 

Nematode (Root Knot), Rodent or Bird 

Damage, Russeting, Silver Scurf, Sunken 

Discolored Areas, and Surface Cracks. 

The following defects and scoring 

guidelines that are currently listed in 

Table III of the External Defects section 

are also revised to reflect current 

inspection instructions: Air Cracks, 

Bruises, External Discoloration, Flea 

Beetle Injury, Greening, Growth Cracks, 

Rhizoctonia, Pitted Scab, Russet Scab, 

Surface Scab, and Wireworm or Grass 

Damage. Also, changes to the current 

scoring guide for sprouts are being 

made. In the Internal Defects section, 

Internal Black Spot is revised by 

implementing a color chip to assist in 

the scoring of this defect. Also, Table IV 

in this section is redesignated as Table 

I. Additionally, a revised large size is 

added as well as the inclusion of Chef 

and Creamer sizes. Most of the changes 

were the result of the detailed work 

performed by the Joint U.S./Canadian 

Potato Council that was charged with 

harmonizing the U.S. and Canadian 

Potato Grade Standards. This rule 

updates and revises the standards to 

more accurately reflect today’s 

marketing practices. 

DATES: Effective April 21, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Vincent J. Fusaro, Standardization 

Section, Fresh Products Branch, (202) 

720–2185. The United States Standards 

for Grades of Potatoes are available 

through the Fresh Products Branch Web 

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

standards/stanfrfv.htm. 

SUPPLEMENTARY INFORMATION: 

Executive Order 12866 and 12988 

The Office of Management and Budget 

has waived the review process required 

by Executive Order 12866 for this 

action. This rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This action is not 

intended to have retroactive effect. This 

rule will not preempt any State or local 

laws, regulations, or policies, unless 

they present an irreconcilable conflict 

with this rule. There are no 

administrative procedures which must 

be exhausted prior to any judicial 

challenge to the provisions of the rule. 

Regulatory Flexibility Act and 

Paperwork Reduction Act 

The Joint U.S./Canadian 

Harmonization Council (Council) which 

was established by the United States 

Secretary of Agriculture and the 

Canadian Minister of Agriculture, is 

charged with harmonizing the U.S. and 

Canadian grade standards. The United 

States Standards for Grades of Potatoes 

was last revised in 1991. The Council, 

which consists of representatives from 

the industry and government, meets 

annually to discuss issues concerning 

cross border marketing and trade of 

potatoes. AMS and the Canadian Food 

Inspection Agency (CFIA) have been 

working with the Council for the past 14 

years in the harmonizing of the 

standards. To complete the 

harmonization process, both the 

Canadian and U.S. grade standards, 

require revisions. The revision will 

benefit all aspects of the potato industry 

and make the standards current with 

today’s marketing trends and practices. 

Pursuant to the requirements set forth 

in the Regulatory Flexibility Act (5 

U.S.C. 601–612) (RFA), AMS has 

considered the economic impact of this 

action on small entities. The purpose of 

the RFA is to fit regulatory actions to the 

scale of businesses subject to such 

actions in order that small businesses 

will not be unduly or disproportionately 

burdened. Accordingly, AMS has 

prepared this final regulatory flexibility 

analysis. Interested parties are invited to 

submit information on the regulatory 

and informational impacts of this action 

on small businesses. 

This rule revises the U.S. Standards 

for Grades of Potatoes that were issued 

under the Agricultural Marketing Act of 

1946 (7 U.S.C. 1621–1627) (Act). 

Standards issued under the Act are 

voluntary. 

Small agricultural service firms, 

which include handlers and importers, 

have been defined by the Small 

Business Administration (SBA) (13 CFR 

121.201) as those having annual receipts 

of less than $6,500,000, and small 

agricultural producers are defined as 

those having annual receipts of less than 

$750,000. Using annual data from the 

National Agricultural Statistics Service 

(NASS), the average potato crop value 

for 2002–2004 is $2.538 billion. 

Dividing that figure by 9,408 farms 

yields an average potato crop value per 

farm of just under $270,000. Since this 

is well under the SBA threshold of 

annual receipts of $750,000, it can be 

concluded that the majority of these 

producers may be classified as small 

entities. Additionally, there are 

approximately 180 handlers of potatoes 

which are classified as small entities, 

that may be affected by this rule. 

Additional evidence comes from 

examining the Agricultural Census 

acreage breakdown more closely. Out of 

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

percent were under 5 acres and 76 

percent were under 100 acres. An 

estimate of the number of acres that it 

would take to produce a crop valued at 

$750,000 can be made by dividing the 

2002–04 average crop value of $2.538 

billion by three-year average bearing 

acres (1.227 million), yielding an 

average potato revenue per acre estimate 

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

shows that farms with at least 363 acres 

that received at least the average price 

in 2002–04 would have produced crops 

valued at $750,000 or more, and would 

therefore be considered large potato 


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farms under the SBA definition. 

Looking at farm numbers for additional 

census size categories shows that 8,084 

potato farms (86 percent) are under 250 

acres and 8,735 (92 percent) are under 

500 acres. Since a farm with 363 acres 

of potatoes falls into the middle of this 

range, it can be concluded that the 

proportion of small potato farms under 

the SBA definition is likely to be 

between 86 and 90 percent of all U.S. 

potato farms. 

In addition, an estimated 168 

importers of potatoes may be affected by 

this rule. Many of these importers may 

be classified as small entities. 

This rule develops en route or at 

destination tolerances for the U.S. No. 1 

and U.S. No. 2 grades, revises the 

current tolerances in all grades, deletes 

the ‘‘Unclassified’’ section, and defines 

damage and serious damage by the 

following defects which will be added 

to Table III of the External Defects 

section: Cuts, Clipped Ends, Elephant 

Hide, Flattened or Depressed Areas/ 

Pressure Bruises, Grub Damage, 

Nematode (Root Knot), Rodent or Bird 

Damage, Russeting, Silver Scurf, Sunken 

Discolored Areas, and Surface Cracks. 

The following defects and scoring 

guidelines that are currently listed in 

Table III of the External Defects section 

are revised to reflect current inspection 

instructions: Air Cracks, Bruises, 

External Discoloration, Flea Beetle 

Injury, Greening, Growth Cracks, 

Rhizoctonia, Pitted Scab, Russet Scab, 

Surface Scab, and Wireworm or Grass 

Damage. Also, a revision to the current 

scoring guide for sprouts was proposed. 

In the Internal Defects section, Internal 

Black Spot is revised by implementing 

a color chip to assist in the scoring of 

this defect. Also, Table IV in this section 

is redesignated as Table I. Additionally, 

a revised large size as well as a Chef and 

Creamer sizes are added to the size 

section of the standard. 

The effects of this rule are not 

expected to be disproportionately 

greater or smaller for small handlers, 

producers, or importers than for larger 

entities. This action would make the 

standard more consistent and uniform 

with marketing trends and practices. 

This action will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

potato producers, handlers, or 

importers. USDA has not identified any 

Federal rules that duplicate, overlap, or 

conflict with this rule. However, there 

are marketing programs which regulate 

the handling of potatoes under 7 CFR 

parts 945–948 and 953. Potatoes under 

a marketing order have to meet certain 

requirements set forth in the grade 

standards. In addition, potatoes are 

subject to section 8e import 

requirements under the Agricultural 

Marketing Act of 1937, as amended (7 

U.S.C. 601–674) which requires 

imported potatoes to meet grade, size, 

and quality under the applicable 

marketing order (7 CFR part 980). 

A proposed rule regarding these 

revisions to the United States Standards 

for Grades of Potatoes was published in 

the Federal Register on September 22, 

2006 [71 FR 55356]. A comment period 

of sixty days was issued which closed 

on November 21, 2006. 

Comments 

In response to the request for 

comments, AMS received comments 

from twenty-five respondents in regards 

to the proposed revisions. One response 

was from a potato committee, and 

fifteen additional comments were 

received from the committee’s members, 

all supporting the proposal. Four 

comments were received from a potato 

council representing growers and 

producers of potatoes, of which three of 

the comments supported the proposal. 

One supporting comment was from a 

national trade association representing 

independent produce receivers, and two 

supporting comments were received 

from two State potato committees. One 

comment was received from a shipper 

supporting the proposed rule, while 

another shipper’s comments opposed 

the entire proposed rule. In addition to 

commenting in support or opposition to 

the proposed rule, some commentors 

also proposed additional revisions. 

A comment received from a potato 

shipper opposing the entire proposed 

rule stated while the shipper supported 

revisions to the standards that make the 

inspection process more consistent, the 

shipper did not agree with relaxing the 

U.S. standards in order to harmonize 

them with Canada’s standards. The 

proposed revisions are generally for 

defects and scoring guidelines that were 

defined as materially detracting from 

the appearance of the potato. The intent 

of these revisions is not to relax the 

standards or allow for inferior product. 

The revised scoring guidelines were 

adopted by the harmonization 

committee to make the two standards 

more consistent and uniform with one 

another; which would also assist in the 

importing and exporting of potatoes 

between the two countries. Accordingly, 

AMS is proceeding with the revision as 

proposed. 

AMS proposed the deletion of the 

U.S. Extra No. 1 and the ‘‘Unclassified’’

section. One comment was received 

from a national trade association 

supporting the deletion of the U.S. Extra 

No. 1 grade, but was opposed to deleting 

the ‘‘Unclassified’’ section because they 

believe that it serves a useful purpose in 

categorizing ungraded lots of potatoes. 

Some sectors of the industry have 

assumed that ‘‘Unclassified’’ is an actual 

grade. However, ‘‘Unclassified’’ is not 

an actual grade. Further, unclassified is 

being deleted from all standards that are 

revised because this category is not a 

grade and only serves to show that no 

grade has been applied to the lot. It is 

no longer considered necessary. 

Therefore, to avoid further confusion all 

references to this term are eliminated. 

AMS proposed adding a ‘‘Chef’’ and 

‘‘Creamer’’ size as well as increasing the 

maximum diameter and weight in the 

Large size from 41⁄4 inches or 16 ounces 

to 41⁄2 inches or 28 ounces. One 

comment was received from a State 

committee also supporting the proposal, 

but recommended the USDA change the 

creamer maximum diameter from the 

proposed 15⁄8 inches to 17⁄8 inches. The 

commentor believes the 17⁄8 inches 

corresponds to what is currently being 

used in the industry for ‘‘C’’ or creamer 

type potatoes. The proposed maximum 

diameter of 15⁄8 inches was determined 

to be best suited to be used by the U.S. 

and Canada for national and 

international trade. Additionally, the 

committee asks that the ‘‘Chef’’ 

designation be reevaluated as it has a 

very similar size profile encompassing 

both the medium and the proposed large 

size. This size was proposed by the 

industry and has been in practice by 

some members of both U.S. and 

Canadian industry, prior to this 

proposal. Therefore, AMS is proceeding 

with the chef and creamer sizes as 

proposed. 

AMS proposed ‘‘en route’’ or ‘‘at 

destination’’ tolerances in the U.S. No. 

1 and No. 2 grades as well as deleting 

the 3 percent tolerance for potatoes 

which are affected by freezing, southern 

bacterial wilt, ring rot, late blight, soft 

rot or wet breakdown. An opposing 

comment was received from a national 

trade association stating that its 

members opposed the en route or at 

destination tolerances because they 

believe it would dilute the grades and 

allow for a lesser quality product to 

enter the marketplace. We disagree. ‘‘en 

route’’ or ‘‘at destination’’ tolerances are 

generally applicable to all lots and will 

make this standard consistent with 

other U.S. standards. The tolerances are 

intended to better reflect product 

quality in the marketplace. The 

comment also stated that good delivery 

tolerances under the Perishable 

Agricultural Commodities Act (PACA) 

already allowed for damage en route or 

at destination. While there is PACA 

suitable shipping condition guidelines 


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in place, they are a separate set of 

guidelines which are not applicable to 

these standards. Furthermore, ‘‘en 

route’’ or ‘‘at destination’’ tolerances are 

generally applicable to all lots and will 

make this standard consistent with 

other U.S. standards. Therefore, AMS is 

proceeding with the revisions as 

proposed. 

AMS proposed defining damage and 

serious damage for the following defects 

as well as adding them to Table III in 

the External Defects section: Cuts, 

Clipped Ends, Elephant Hide, Flattened 

or Depressed Areas/Pressure Bruises, 

Grub Damage, Nematode (Root Knot), 

Rodent or Bird Damage, Russeting, 

Silver Scurf, Sunken Discolored Areas, 

and Surface Cracks. Five commenters 

opposed and requested tighter scoring 

criteria. One commenter said its 

members were dissatisfied with the 

proposed scoring criteria even though 

the intent is to provide an objective 

means of evaluating defects, beyond 

materially/seriously detracting from the 

appearance of the potato. In their view 

the proposed changes are too lenient. 

Additionally, two commenters believed 

the proposed 50 percent of the surface 

area allowed for silver scurf was too 

strict and recommended it be set at 55 

percent of the surface area. They also 

suggested the term aggregate be used 

when referencing removal of damage 

caused by root knot nematodes. The 

proposed scoring guidelines, including 

silver scurf, as well as the current 

application of the potato inspection 

instructions reflect the results of studies 

conducted under the U.S./Canadian 

Harmonization Project. As such, the 

standards should be updated to reflect 

current market practices. Damage 

caused by root knot nematodes is 

currently scored on a waste basis by 

weight, therefore the use of the term 

aggregate is not necessary. Therefore, 

AMS is proceeding with the revisions as 

proposed. 

AMS also proposed the following 

defects and scoring guidelines, which 

are currently listed in Table III of the 

External Defects section, be modified to 

reflect current inspection instructions: 

Air Cracks, Bruises, External 

Discoloration, Flea Beetle Injury, 

Greening, Growth Cracks, Rhizoctonia, 

Pitted Scab, Russet Scab, Surface Scab, 

and Wireworm or Grass Damage. 

One commentor opposed the 

proposed scoring guide for growth 

cracks because he believes the depth 

guide is too lenient and doesn’t take 

into account how growth cracks can 

alter the shape as to materially detract 

from the form of the potato. Growth 

cracks and misshapen tubers are two 

separate defects with individual scoring 

guidelines. If the shape of the potato is 

altered or compromised, the scoring 

guidelines for shape, which are 

currently in the standard would apply. 

Revising the scoring criteria for growth 

cracks provides an objective means of 

evaluating this particular defect. 

Therefore, the scoring guide is revised 

as proposed. 

A comment was received suggesting 

AMS review the scoring criteria in the 

proposal for both grub damage and 

rodent or bird damage due to each 

defect having the same criteria for 

damage and serious damage. After 

reviewing these proposed scoring 

criteria, AMS has identified errors that 

were made in the proposed scoring 

criteria for serious damage. The scoring 

criteria for serious damage in both 

defects incorrectly stated ‘‘i.e. more than 3⁄4 inch on a 21⁄2 inch or 6 ounce 

potato.’’ Therefore, the scoring criteria 

has been corrected to read, ‘‘i.e. more 

than 11⁄4 inch on a 21⁄2 inch or 6 ounce 

potato.’’ This final rule reflects these 

changes. 

Four comments suggested that AMS 

remove all references to ‘‘appearance’’

or ‘‘when materially detracting from 

appearance of the potato’’ when 

determining scoring criteria for any 

defect. In their view, this would provide 

an objective means of evaluating the 

defects and would avoid the subjectivity 

of opinion. AMS is removing all 

references to ‘‘appearance’’ or ‘‘when 

materially detracting from appearance of 

the potato’’ when possible. However, 

these references can not be removed 

from all the defects or their scoring 

guidelines due to several factors 

associated with these defects and their 

progression. For example, some defects 

will progress more rapidly than others 

when they are exposed to any moisture, 

therefore making it more difficult to 

meet specific scoring criteria when more 

time is needed during storage and/or 

transportation. Also, the proposed 

references to ‘‘appearance’’ or ‘‘when 

materially detracting from appearance of 

the potato’’ in the scoring criteria for 

bruising, were made in error. Therefore, 

AMS is removing in this final rule, the 

references to ‘‘appearance’’ or ‘‘when 

materially detracting from appearance of 

the potato’’ in the scoring guidelines for 

bruising. 

One comment received concerned 

internal black spot. The comment asked 

for a comment period to be opened on 

color chip POT–CC–2 (internal black 

spot). The comments asserted that it 

would be difficult for the industry to 

make a reasonable comment on the chip 

itself when there are no alternatives. 

Prior to the developing of this rule, 

AMS, Fresh Product Branch field offices 

presented three alternative color chips 

were distributed to a large number of 

potato growers, packers, and wholesale 

marketers to determine which color 

chip was appropriate to use in the 

standards. The color chip that was 

selected reflects a consensus of industry 

feedback. Therefore, the color chip 

POT–CC–2 will be referenced as stated 

in the proposal. 

Several commenters also suggested 

that color chips or visual aids be 

developed for external discoloration, 

greening, and elephant hide. They 

believe this would be a useful tool for 

identifying and scoring these defects. 

AMS develops color chips or visual aids 

continuously and will evaluate the 

needs for developing color chips or 

visual aids for the proposed defects. 

Color chips for the suggested defects 

above require additional research which 

can not be addressed in this action. 

However, AMS will review and evaluate 

the issue at a later date. 

AMS proposed revising the scoring 

guidelines for sprouts to read as follows: 

Score as damage when not more than 5 

percent of the potatoes in a lot may have 

individual or clusters of sprouts not 

more than 1⁄4 inch at shipping point and 1⁄2 inch at destination. Score as serious 

damage when not more than 10 percent 

of the potatoes in a lot may have 

individual or clusters of sprouts not 

more than 1⁄2 inch at shipping point and 

1 inch at destination. AMS received four 

comments opposing this revision. They 

believe the existence of a 3⁄4 inch sprout 

constitutes a level of damage 

unacceptable to the industry. They also 

believe there should be no distinction 

between shipping point and destination. 

While there are measures in place 

throughout the marketing chain to 

control the development of sprouts, 

sprouts can nonetheless naturally 

progress while potatoes are in transit. 

An en route or at destination tolerance 

takes into account the natural 

progression of this defect, but should 

not compromise the quality of the U.S. 

No. 1 grade. Therefore, AMS is revising 

the scoring guideline for sprouts as 

proposed. 

Additionally, a comment was 

received suggesting AMS give special 

consideration to allow for packing a 

U.S. No. 1 mixed variety of potato. This 

change is outside the scope of this 

rulemaking but will be considered 

separately at a later time. 

Based on all the comments received 

and information gathered, AMS believes 

these revisions to the standards will 

foster marketing of fresh potatoes. 

The official grade of a lot of potatoes 

covered by these standards are 

determined by the procedures set forth 


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Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Rules and Regulations 15055 

in the Regulations Governing 

Inspection, Certification, and Standards 

of Fresh Fruits, Vegetables and Other 

Products (Sec. 51.1 to 51.61). 

List of Subjects in 7 CFR Part 51 

Agricultural commodities, Food 

grades and standards, Fruits, Nuts, 

Reporting and recordkeeping 

requirements, Trees, Vegetables. 

PART 51—[AMENDED] 

■ For reasons set forth in the preamble, 

7 CFR part 51 is amended as follows: 

■ 1. The authority citation for part 51 

continues to read as follows: 

Authority: 7 U.S.C. 1621—1627. 

Subpart—United States Standards for 

Grades of Potatoes § 51.1540 

[Removed and Reserved] 

■ 2. Remove and reserve § 51.1540. 

§ 51.1544 [Removed and Reserved] 

■ 3. Remove and reserve § 51.1544. 

■ 4. In § 51.1545, Table I is revised to 

read as follows: 

§ 51.1545 Size. 

* * * * * 

TABLE I 

Size designation 

Minimum diameter 1 or 

weight 

Maximum diameter 1

or weight 

Inches Ounces Inches Ounces 

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

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

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

Size B ...................................................................................................................................... 11⁄2 ¥3 21⁄4 ¥3 

Small ........................................................................................................................................ 13⁄4 ¥3 21⁄2 6 

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

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

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

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

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

* * * * * 

■ 5. In § 51.1546, paragraph (a) is 

revised to read as follows: 

§ 51.1546 Tolerances. 

* * * * * 

(a) For defects—(1) U.S. No. 1. At 

Shipping Point. A total of 8 percent for 

potatoes in any lot which fail to meet 

the requirements for the grade: 

Provided, that included in this tolerance 

not more than the following percentages 

shall be allowed for the defects listed: 

(i) 5 percent for external defects; 

(ii) 5 percent for internal defects; 

(iii) Including therein not more than 

1 percent for potatoes which are frozen 

or affected by soft rot or wet breakdown. 

(2) En route or at Destination. A total 

of 10 percent for potatoes in any lot 

which fail to meet the requirements for 

the grade: Provided, that included in 

this tolerance not more than the 

following percentages shall be allowed 

for the defects listed: 

(i) 7 percent for external defects; 

(ii) 7 percent for internal defects; 

(iii) Including therein not more than 

2 percent for potatoes which are frozen 

or affected by soft rot or wet breakdown. 

See § 51.1547. 

(3) U.S. Commercial. A total of 20 

percent for potatoes in any lot which 

fail to meet the requirements for the 

grade: Provided, that included in this 

tolerance not more than the following 

percentages shall be allowed for the 

defects listed: 

(i) 10 percent for potatoes which fail 

to meet the requirements for U.S. No. 2 

grade, including therein not more than: 

(ii) 6 percent for external defects; 

(iii) 6 percent for internal defects; or, 

(iv) Including therein not more than 1 

percent for potatoes which are frozen or 

affected by soft rot or wet breakdown. 

See § 51.1547. 

(4) U.S. No. 2. At Shipping Point: A 

total of 10 percent for potatoes in any 

lot which fail to meet the requirements 

for the grade: Provided, that included in 

this tolerance not more than the 

following percentages shall be allowed 

for the defects listed: 

(i) 6 percent for external defects; 

(ii) 6 percent for internal defects; 

(iii) Including therein not more than 

1 percent for potatoes which are frozen 

or affected by soft rot or wet breakdown. 

(5) En route or at Destination: A total 

of 12 percent for potatoes in any lot 

which fail to meet the requirements for 

the grade: Provided, that included in 

this tolerance not more than the 

following percentages shall be allowed 

for the defects listed: 

(i) 8 percent for external defects; 

(ii) 8 percent for internal defects; 

(iii) Including therein not more than 

2 percent for potatoes which are frozen 

or affected by soft rot or wet breakdown. 

See § 51.1547. 

* * * * * 

■ 6. In § 51.1564, Table III is revised, 

and new Tables IV, V, and VI are added 

to read as follows: 

§ 51.1564 External defects. 

* * * * * 

TABLE III.—EXTERNAL DEFECTS

Defect Damage Serious damage 

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

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

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

potato (whichever is greater) in the aggregate.

When removal causes a loss of more than 10 percent 

of the total weight of the potato or when the air 

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

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


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TABLE III.—EXTERNAL DEFECTS—Continued 

Defect Damage Serious damage 

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

damage or when penetrating the flesh and removal 

causes loss of more than 5 percent of total weight of 

potato.

When concealing a serious defect or when penetrating 

into the flesh and removal causes loss of more than 

10 percent of total weight of potato. 

Bruises (Not including pressure bruise and sunken 

discolored areas).

When removal causes a loss of more than 5 percent of 

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

aggregate (i.e. 3⁄4 inch on a 21⁄2 inch or 6 oz. potato). 

Correspondingly lesser or greater areas in smaller or 

larger potatoes.

When removal causes a loss of more than 10 percent 

of the weight of the potato or when the area affected 

is more than 10 percent of the surface in the aggregate (i.e. 11⁄4 inches on a 21⁄2 inch or 6 oz. potato). 

Correspondingly lesser or greater areas in smaller or 

larger potatoes. 

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

the surface area.

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

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

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

potato.

When seriously detracting from the appearance of the 

potato. 

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

the potato.

When affecting over 25 percent of the surface area. 

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

potato.

When seriously detracting from the appearance of the 

potato. 

External Discoloration 

(Areas that are light tan or 

lighter in color and blends 

should be ignored).

When more than 30 percent of the surface is affected 

by light tan or light brown colors which do not blend 

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

When more than 60 percent of the surface is affected 

by light tan or light brown colors which do not blend 

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

Flattened or Depressed 

Areas/Pressure Bruises.

When removal of underlying discolored flesh causes a 

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

potato or when the flattened or depressed area(s) 

covers more surface area than allowed in Table IV. 

(See Table IV.).

When removal of underlying discolored flesh the 

causes a loss of more than 10 percent of the weight 

of the potato or when the flattened depressed area(s) 

covers more surface area than allowed in the Table 

IV. (See Table IV.) 

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

when removal causes a loss of more than 5 percent 

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

aggregate.

When seriously detracting from the appearance of the 

potato or when removal causes a loss of more than 

10 percent of the weight of the potato or when the 

area affected is more than 10 percent of the surface 

in the aggregate. 

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

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

When removal causes a loss of more than 10 percent 

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

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

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

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

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

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

the length potato in the aggregate or when the depth 

is greater than that as outlined in Table V. (See 

Table V.) 

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

the total weight of the potato or when affecting more 

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

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

When removal causes a loss of more than 10 percent 

of the total weight of the potato or when affecting 

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

than 11⁄4 inch on a 21⁄2 inch or 6 ounce potato). Correspondingly lesser or greater areas in smaller or 

larger potatoes. 

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

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

total weight of potato.

When removal causes loss of more than 10 percent of 

total weight of potato. 

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

the aggregate.

When affecting more than 50 percent of the surface in 

the aggregate. 

Russeting (On Non Russet 

Type).

When more than 50 percent of the surface is affected 

in the aggregate.

N/A. 

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

the total weight of the potato or when affecting more 

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

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

When removal causes a loss of more than 10 percent 

of the total weight of the potato or when affecting 

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

than 11⁄4 inch on a 21⁄2 inch or 6 ounce potato). Correspondingly lesser or greater areas in smaller or 

larger potatoes. 

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

the total weight of the potato or when scab affects an 

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

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

Correspondingly lesser or greater areas in smaller or 

larger potatoes.

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

affects an aggregate area of more than 1 inch. 

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

weight.) Correspondingly lesser or greater areas in 

smaller or larger potatoes. 

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

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

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


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Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Rules and Regulations 15057 

TABLE III.—EXTERNAL DEFECTS—Continued 

Defect Damage Serious damage 

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

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

potato.

When seriously detracting from the appearance of the 

potato. 

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

area of the potato.

When its severity causes a wrinkling of the skin over 

more than 50 percent of the surface. 

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

have individual or clusters of sprouts not more than 

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

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

have individual or clusters of sprouts not more than 

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

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

total weight of potato.

When removal causes loss more than 10 percent of 

total weight of potato. 

Sunken Discolored Areas .... SEE TABLE VI ................................................................ SEE TABLE VI. 

Surface Cracks (Areas affected by fine net-like 

cracking should be ignored.).

When smooth shallow cracking affects more than 1⁄3 of 

the surface or when rough deep cracking affects 

more than 5 percent of the surface.

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

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

causes loss of more than 5 percent of total weight of 

potato..

When affecting the flesh of the potato and removal 

causes loss of more than 10 percent of total weight 

of potato. 

The following defects are considered serious damage when present in any degree: 1. Freezing. 2. Late blight. 3. Ring rot. 4. Southern bacterial wilt. 5. Soft rot. 6. Wet breakdown. 

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

Diameter Weight No. 1 

(aggregate area) 

No. 2 

(aggregate area) 

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

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

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

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

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

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

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

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

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

TABLE V—DEPTH ALLOWED FOR GROWTH CRACKS

Diameter Weight No. 1 

(depth) 

No. 2 

(depth) 

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

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

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

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

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

TABLE VI.—SUNKEN DISCOLORED AREAS MAXIMUM AREA ALLOWED

Diameter Weight No. 1 

(aggregate area) 

No. 2 

(aggregate area) 

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

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

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

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

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

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

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

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

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


jlentini on PROD1PC65 with RULES
15058 Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Rules and Regulations 

■ 7. In § 51.1565, Table IV is 

redesignated as Table I and revised to 

read as follows: 

§51.1565 Internal Defects. 

* * * * * 

TABLE I.—INTERNAL DEFECTS

Defects Damage 

maximum allowed 

Serious damage 

maximum allowed 

Occurring outside of or not entirely confined to the vascular ring 

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

Other Necrosis, Stem End Browning.

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

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

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

percent of the total weight of the potato.

When the spot(s) are darker than the official 

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

percent of the total weight of the potato. 

Occurring entirely within the vascular ring 

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

inch in diameter in a potato 21⁄2–inches in 

diameter or 6 ounces in weight.1

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

inch in diameter in a potato 21⁄2–inches in 

diameter or 6 ounces in weight.1

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

inch in diameter in a potato 21⁄2–inches in 

diameter or 6 ounces in that of weight.1

Area affected not to exceed a circle 3⁄4 inch in 

diameter in a potato 2–1⁄2 inches in diameter or 6 ounces in weight.1

Occurring entirely within the vascular ring 

Internal Brown Spot and Similar Discoloration 

(Heat Necrosis).

Not more than the equivalent of 3 scattered 

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

inches in diameter or 6 ounces in weight.1

Not more than the equivalent of 6 scattered 

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

inches in diameter or 6 ounces in weight.1

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

Authority: 7 U.S.C. 1621–1627. 

Dated: March 17, 2008. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 08–1058 Filed 3–18–08; 2:27 pm] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2007–0246; Airspace 

Docket No. 07–ASO–26] 

Amendment of Class E Airspace; 

Danville, KY 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule, request for 

comments. 

SUMMARY: This action modifies Class E 

Airspace at Danville, KY. Additional 

airspace is required to support new Area 

Navigation (RNAV) Global Positioning 

System (GPS) Standard Instrument 

Approach Procedures (SIAPs) that have 

been developed for Stuart Powell Field 

Airport. This action enhances the safety 

and management of Instrument Flight 

Rule (IFR) operations in the area by 

providing the required controlled 

airspace to support these approaches 

around Danville, KY. This action also 

imparts a technical amendment to 

change the airport’s name from Goodall 

Field Airport to Stuart Powell Field 

Airport. 

DATES: Effective 0901 UTC, June 5, 

2008. The Director of the Federal 

Register approves this incorporation by 

reference action under title 1, Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. Comments for inclusion 

in the Rules Docket must be received on 

or before May 5, 2008. 

ADDRESSES: Send comments on this rule 

to: U.S. Department of Transportation, 

Docket Operations, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590–0001; Telephone: 1–800–

647–5527; Fax: 202–493–2251. You 

must identify the Docket Number FAA–

2007–0246; Airspace Docket No. 07–

ASO–26, at the beginning of your 

comments. You may also submit and 

review received comments through the 

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

You may review the public docket 

containing the rule, any comments 

received, and any final disposition in 

person in the Dockets Office (see 

ADDRESSES section for address and 

phone number) between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal Holidays. An informal docket 

may also be examined during normal 

business hours at the office of the 

Eastern Service Center, Federal Aviation 

Administration, Room 210, 1701 

Columbia Avenue, College Park, Georgia 

30337. 

FOR FURTHER INFORMATION CONTACT: 

Daryl Daniels, Airspace Specialist, 

System Support Group, Federal 

Aviation Administration, P.O. Box 

20636, Atlanta, Georgia 30320; 

Telephone (404) 305–5581, Fax 404–

305–5572. 

SUPPLEMENTARY INFORMATION: 

The Direct Final Rule Procedure 

The FAA anticipates that this 

regulation will not result in adverse or 

negative comments, and, therefore, 

issues it as a direct final rule. The FAA 

has determined that this rule only 

involves an established body of 

technical regulations for which frequent 

and routine amendments are necessary 

to keep them operationally current. 

Unless a written adverse or negative 

comment or a written notice of intent to 

submit an adverse or negative comment 

is received within the comment period, 

the regulation will become effective on 


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