10336 Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Proposed Rules

1The authority to exercise the functions of the

Secretary of Agriculture contained in the

Agricultural Marketing Act of 1946, as amended (7

U.S.C. 1621–1627), concerning inspection and

standardization activities related to grain and

similar commodities and products thereof has been

delegated to the Administrator, Grain Inspection,

Packers and Stockyards Administration (7 U.S.C.

75a; 7 CFR 68.5).

Accordingly, § 28.909, paragraph (b)

would be revised to reflect the reduction

in the HVI classification fees.

As provided for in the Uniform Cotton

Classing Fees Act of 1987, as amended,

a five cent per bale discount would

continue to be applied to voluntary

centralized billing and collecting agents

as specified in § 28.909 (c).

Growers or their designated agents

would continue to incur no additional

fees if only one method of receiving

classification data was requested. The

fee for each additional method of

receiving classification data in § 28.910

would remain at five cents per bale, and

it would be applicable even if the same

method was requested. The other

provisions of § 28.910 concerning the

fee for an owner receiving classification

data from the central database and the

fee for new classification memoranda

issued for the business convenience of

such an owner without reclassification

of the cotton would remain the same.

The fee for review classification in

§ 28.911 would be reduced from $1.80

per bale to $1.60 per bale.

The fee for returning samples after

classification in § 28.911 would remain

at 40 cents per sample.

List of Subjects in 7 CFR Part 28

Administrative practice and

procedures, Cotton, Cotton samples,

Grades, Market news, Reporting and

recordkeeping requirements, Standards,

Staples, Testing, Warehouses.

For the reasons set forth in the

preamble, 7 CFR Part 28 is proposed to

be amended as follows:

PART 28—[AMENDED]

1. The authority citation for Part 28 is

revised to read as follows:

Authority: 7 U.S.C. 473a, 7 U.S.C. 473c.

2. Section 28.909, paragraph (b)

would be revised to read as follows:

§ 28.909 Costs.

* * * * *

(b) The cost of High Volume

Instrument (HVI) cotton classification

service to producers is $1.60 per bale.

* * * * *

3. In Section 28.911, the last sentence

of paragraph (a) would be revised to

read as follows:

§ 28.911 Review classification.

(a) * * * The fee for review

classification is $1.60 per bale.

* * * * *

Dated: February 21, 1995.

Lon Hatamiya,

Administrator.

[FR Doc. 95–4737 Filed 2–23–95; 8:45 am]

BILLING CODE 3410–02–P

Grain Inspection, Packers and

Stockyards Administration

7 CFR Part 68

United States Standards for Beans

AGENCY: Grain Inspection, Packers and

Stockyards Administration, USDA.1

ACTION: Proposed rule.

SUMMARY: The Federal Grain Inspection

Service (FGIS), of the Grain Inspection,

Packers and Stockyards Administration

(GIPSA), is proposing to revise the

United States Standards for Beans at the

request of elements within the Bean

Industry. Specifically, FGIS is proposing

to eliminate the factor ‘‘clean-cut

weevil-bored beans’’ from the grade

requirement for the class Blackeye beans

and change the grade limits for the

factors ‘‘total defects,’’ ‘‘blistered,

wrinkled and/or broken beans,’’ and

‘‘splits’’ for the class Baby Lima beans.

FGIS is proposing to change the

standard to facilitate marketing of beans.

DATES: Comments must be received by

May 25, 1995.

ADDRESSES: Written comments must be

submitted to George Wollam, GIPSA–

FGIS, USDA, Room 0623 South

Building, P.O. Box 96454, Washington,

DC, 20090–6454; FAX (202) 720–4628.

All comments received will be made

available for public inspection in Room

0623 USDA South Building, 1400

Independence Avenue SW.,

Washington, DC, during regular

business hours (7 CFR 1.27(b)).

FOR FURTHER INFORMATION CONTACT:

George Wollam, address as above,

telephone (202) 720–0292.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

The Department is issuing this

proposed rule in conformance with

Executive Order 12866.

Executive Order 12778

This proposed rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. This action is not

intended to have retroactive effect. This

proposed 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

this rule.

Regulatory Flexibility Act Certification

James R. Baker, Administrator,

GIPSA, has determined that this

proposed rule will not have a significant

economic impact on a substantial

number of small entities because those

persons who apply the standards and

most users of the inspection service do

not meet the requirements of small

entities as defined in the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.).

Further, the standards are applied

equally to all entities.

Information Collection and

Recordkeeping Requirements

In compliance with the Paperwork

Reduction Act of 1980 (44 U.S.C.

chapter 35), the information collection

and recordkeeping requirements in Part

68 have been approved previously by

OMB and assigned OMB No. 0580–

0013.

Review of Standards

On September 22, 1993, FGIS

published in the Federal Register (58

FR 49248) a request for public

comments on several changes to the

United States Standards for Beans that

had been suggested by the California

Bean Shippers Association (CBSA), with

the concurrence of the California Dry

Bean Advisory Board. Specifically,

CBSA recommended that the grading

factor ‘‘clean-cut weevil-bored beans’’

be eliminated from the grade

requirements for the class Blackeye

beans and that ‘‘clean-cut weevil-bored

beans’’ be considered as ‘‘worm-cut’’ or

‘‘insect damaged’’ beans. They also

recommended that the limits for ‘‘total

defects,’’ ‘‘blistered, wrinkled, and/or

broken beans,’’ and ‘‘splits’’ in the class

Baby Lima beans be changed to coincide

with the grade limits for similar factors

in other classes of beans.

Interested parties were invited to

participate in the rulemaking process by

submitting written comments and/or

recommendations regarding the official

standards. During the 60-day comment

period, one written comment was

received from a European industry

group. This group recommended that

Blackeye beans in grades U.S. Nos. 1, 2,

and 3 should not contain more than 0.0,

0.1, and 0.2 percent, respectively, of

‘‘clean-cut weevil-bored beans and

weevilled beans, total.’’

‘‘Clean-Cut Weevil-Bored Beans’’ in

Blackeye Beans

The present U.S. standards define

‘‘clean-cut weevil-bored beans’’ as beans
Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Proposed Rules 10337

from which weevils have emerged,

leaving a clean-cut open cavity free from

larvae, webbing, refuse, mold, or stain.

‘‘Clean-cut weevil-bored beans’’ are

considered as a separate grading factor

in only two classes: Blackeye and Mung

beans. According to the U.S. Standards

for Beans, Blackeye beans in grades U.S.

Nos. 1, 2, and 3 may not contain more

than 0.0, 0.2, and 0.5 percent,

respectively, of ‘‘clean-cut weevil-bored

beans.’’ In all other classes, ‘‘clean-cut

weevil-bored beans’’ are included with

the grading factor ‘‘total damage’’ and/

or ‘‘total defects.’’

Blackeye bean growers and shippers

feel that including the factor ‘‘clean-cut

weevil-bored beans’’ in the Blackeye

bean standards should be changed

because the grade requirements for

Blackeye beans are more stringent than

those of similar classes of beans; e.g.,

Yelloweye and Cranberry beans. Since

Blackeye beans are predominately

grown in California, these groups

believe that the Blackeye bean standards

should reflect the marketing concerns of

that bean industry.

The Federation Nationale du Legume

(FNL), a European industry group,

recommended that Blackeye beans in

grades U.S. Nos. 1, 2, and 3 should not

contain more than 0.0, 0.1, and 0.2

percent, respectively, of ‘‘clean-cut

weevil-bored beans and weevilled

beans, total.’’ FGIS appreciates FNL’s

concern about the quality of U.S.

Blackeye beans. However, regardless of

the factors or factor limits specified by

the standards for a particular class of

beans, buyers and sellers are free to

specify different factor requirements in

their contracts.

FGIS has no information that would

indicate that eliminating ‘‘clean-cut

weevil-bored beans’’ as a separate

grading factor from the grade

requirements for the class Blackeye

beans would have a noticeable effect on

the quality or appearance of Blackeye

beans, or harm the United States’

reputation for producing and marketing

high-quality Blackeye beans. Therefore,

FGIS is proposing to revise the U.S.

Standards for Beans to eliminate the

factor ‘‘clean-cut weevil-bored beans’’ as

a separate grading factor in the class

Blackeye beans and consider ‘‘clean-cut

weevil-bored’’ Blackeye beans as

‘‘damaged beans,’’ included in the

grading factor ‘‘total damage.’’

‘‘Total Defects,’’ ‘‘Blistered, Wrinkled,

and/or Broken Beans,’’ and ‘‘Splits’’ in

Baby Lima Beans

Currently, Baby Lima beans in grades

U.S. Nos. 1, 2, and 3 may contain not

more than 2.0, 3.0, and 5.0 percent,

respectively, of ‘‘total defects’’ and not

more than 3.0, 5.0, and 8.0 percent,

respectively, of ‘‘blistered, wrinkled,

and/or broken beans’’ or ‘‘splits.’’ The

grade limits for the factors ‘‘total

defects’’ (which includes ‘‘splits’’) and

‘‘total damaged’’ for most other classes

of beans (e.g., Great Northern, Small

White, Kidney, Small Red, Pink, Black

Turtle Soup, Blackeye, Cranberry, and

Mung beans) is 2.0, 4.0, and 6.0 percent,

for grades U.S. Nos. 1, 2, and 3,

respectively.

The present limits for ‘‘total defects,’’

‘‘blistered, wrinkled, and/or broken

beans,’’ and ‘‘splits’’ in the class Baby

Lima beans are inconsistent with the

standards for other classes of beans.

This has caused confusion among some

users of the standards. To provide

greater uniformity within the U.S. bean

standards and to better facilitate the

marketing of Baby Lima beans, FGIS is

proposing to change the grade limits for

these factors in the class Baby Lima

beans to 2.0, 4.0, and 6.0 percent, for

grades U.S. Nos. 1, 2, and 3,

respectively.

Proposed Action

Based on current market needs and

other available information, FGIS is

proposing to revise:

1. Section 68.134 by eliminating the

grading factor ‘‘clean-cut Weevil-Bored’’

and by eliminating footnote 2 which

states that ‘‘Beans with more than 0.5

percent clean-cut weevil-bored beans

are graded U.S. Sample grade.’’

Footnotes that are presently numbered 3

and 4 are proposed to be renumbered 2

and 3, respectively.

2. Section 68.140 by changing the

grading limits for the factors ‘‘total

defects,’’ ‘‘blistered, wrinkled, and/or

broken beans,’’ and ‘‘splits’’ to 2.0, 4.0,

and 6.0 percent for U.S. Nos. 1, 2, and

3, respectively.

Comments including data, views, and

suggestions regarding the proposed

changes to the U.S. Standards for

Blackeye and Baby Lima beans are

solicited from interested parties.

List of Subjects in 7 CFR Part 68

Administrative practice and

procedures, Agricultural commodities,

Beans.

For reasons set forth in the preamble,

7 CFR Part 68 is proposed to be

amended as follows:

PART 68—REGULATIONS AND

STANDARDS FOR INSPECTION AND

CERTIFICATION OF CERTAIN

AGRICULTURAL COMMODITIES AND

THEIR PRODUCTS

1. The authority citation for Part 68

continues to read as follows:

Authority: Secs. 202–208, 60 Stat. 1087, as

amended (7 U.S.C. 1621 et seq.).

2. Section 68.134 is revised to read as

follows:

§ 68.134 Grades and grade requirements

for the class Blackeye Beans.

Grade General appearance

Percent maximum limits of—

Moisture1

Total

defects

(DKT,

FM,

CCL, &

SP)

Total

damaged

Foreign material

Total Stones

U.S. No. 1 ....................................................

U.S. No. 2 ....................................................

U.S. No. 3 ....................................................

The special grade off-color may be applied

after the removal of total defects.

18.0

18.0

18.0

4.0

6.0

8.0

2.0

4.0

6.0

0.5

1.0

1.5

0.2

0.4

0.6

Grade

Percent maximum

limits of—

Contrasting

classes2

Classes

that

blend3

U.S. No. 1 .................................................................................................................................................................................... 0.5 5.0

U.S. No. 2 .................................................................................................................................................................................... 1.0 10.0
10338 Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Proposed Rules

Grade

Percent maximum

limits of—

Contrasting

classes2

Classes

that

blend3

U.S. No. 3 .................................................................................................................................................................................... 2.0 15.0

1Beans with more than 18.0 percent moisture are graded High moisture.

2Beans with more than 2.0 percent contrasting classes are graded Mixed beans.

3Beans with more than 15.0 percent classes that blend are graded Mixed beans.

U.S. Substandard: U.S. Substandard shall be beans which do not meet the requirements for the grades U.S. No. 1 through U.S. No. 3 or U.S.

Sample grade. Beans which are not well screened shall also be U.S. Substandard, except for beans which meet the requirements for U.S. Sample grade.

U.S. Sample grade: U.S. Sample grade shall be beans which are musty, sour, heating, materially weathered, or weevily; which have any commercially objectionable odor; which contain insect webbing or filth, animal filth, any unknown foreign substance, broken glass, or metal fragments; or which are otherwise of distinctly low quality.

3. Section 68.140 is revised to read as follows:

§ 68.140 Grades and grade requirements for the classes Baby Lima and Miscellaneous Lima Beans.

Grade General appearance

Percent maximum limits of—

Moisture1

Total

defects

(DKT,

FM,

CCL, &

SP)

Badly

damaged

Foreign material

Total Stones

U.S. No. 1 ....................................................

U.S. No. 2 ....................................................

U.S. No. 3 ....................................................

The special grade off-color may be applied

after the removal of total defects.

18.0

18.0

18.0

2.0

4.0

6.0

1.0

1.5

2.0

0.5

1.0

1.5

0.2

0.3

0.6

Grade

Percent maximum limits of—

Contrasting

classes2

Blistered,

wrinkled,

and/or

broken

Splits

Classes

that

blend3

U.S. No. 1 ................................................................................................................................................. 0.5 2.0 2.0 5.0

U.S. No. 2 ................................................................................................................................................. 1.0 4.0 4.0 10.0

U.S. No. 3 ................................................................................................................................................. 2.0 6.0 6.0 15.0

1Beans with more than 18.0 percent moisture are graded High moisture.

2Beans with more than 2.0 percent contrasting classes are graded Mixed beans.

3Beans with more than 15.0 percent classes that blend are graded Mixed beans.

U.S. Substandard: U.S. Substandard shall be beans which do not meet the requirements for the grades U.S. No. 1 through U.S. No. 3 or U.S.

Sample grade. Beans which are not well screened shall also be U.S. Substandard, except for beans which meet the requirements for U.S. Sample grade.

U.S. Sample grade: U.S. Sample grade shall be beans which are musty, sour, heating, materially weathered, or weevily; which have any commercially objectionable odor; which contain insect webbing or filth, animal filth, any unknown foreign substance, broken glass, or metal fragments; or which are otherwise of distinctly low quality.

Dated: February 16, 1995.

James R. Baker,

Administrator.

[FR Doc. 95–4495 Filed 2–23–95; 8:45 am]

BILLING CODE 3410–EN–P