[Federal Register Volume 60, Number 37 (Friday, February 24, 1995)]
[Proposed Rules]
[Pages 10336-10338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4495]
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DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and Stockyards Administration
7 CFR Part 68
United States Standards for Beans
AGENCY: Grain Inspection, Packers and Stockyards Administration,
USDA.\1\
\1\The 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).
ACTION: Proposed rule.
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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 [[Page 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:
Sec. 68.134 Grades and grade requirements for the class Blackeye
Beans.
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Percent maximum limits of--
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Total Foreign material
Grade General appearance defects -------------------
Moisture\1\ (DKT, Total
FM, CCL, damaged Total Stones
& SP)
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U.S. No. 1................... The special grade off-color 18.0 4.0 2.0 0.5 0.2
U.S. No. 2................... may be applied after the 18.0 6.0 4.0 1.0 0.4
U.S. No. 3................... removal of total defects. 18.0 8.0 6.0 1.5 0.6
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Percent maximum
limits of--
----------------------
Grade Classes
Contrasting that
classes\2\ blend\3\
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U.S. No. 1....................................... 0.5 5.0
U.S. No. 2....................................... 1.0 10.0
[[Page 10338]]
U.S. No. 3....................................... 2.0 15.0
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\1\Beans with more than 18.0 percent moisture are graded High moisture.
\2\Beans with more than 2.0 percent contrasting classes are graded Mixed
beans.
\3\Beans 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:
Sec. 68.140 Grades and grade requirements for the classes Baby Lima
and Miscellaneous Lima Beans.
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Percent maximum limits of--
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Total Foreign material
Grade General appearance defects -------------------
Moisture\1\ (DKT, Badly
FM, CCL, damaged Total Stones
& SP)
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U.S. No. 1................... The special grade off-color 18.0 2.0 1.0 0.5 0.2
U.S. No. 2................... may be applied after the 18.0 4.0 1.5 1.0 0.3
U.S. No. 3................... removal of total defects. 18.0 6.0 2.0 1.5 0.6
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Percent maximum limits of--
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Blistered,
Grade Contrasting wrinkled, Classes
classes\2\ and/or Splits that
broken blend\3\
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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
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\1\Beans with more than 18.0 percent moisture are graded High moisture.
\2\Beans with more than 2.0 percent contrasting classes are graded Mixed beans.
\3\Beans 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
