[Federal Register Volume 60, Number 134 (Thursday, July 13, 1995)]
[Rules and Regulations]
[Pages 36030-36031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16856]
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DEPARTMENT OF AGRICULTURE
7 CFR Part 868
United States Standards for Beans
AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA.
ACTION: Final rule.
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SUMMARY: The Federal Grain Inspection Service (FGIS) of the Grain
Inspection, Packers and Stockyards Administration (GIPSA) is revising
the United States Standards for Beans. Specifically, FGIS is
eliminating the factor ``clean-cut weevil-bored beans'' from the grade
requirements for the class Blackeye beans and changing the grade limits
for the factors ``total defects,'' ``blistered, wrinkled and/or broken
beans,'' and ``splits'' for the class Baby Lima beans. FGIS is changing
the standards to facilitate the marketing of beans.
EFFECTIVE DATE: August 1, 1995.
FOR FURTHER INFORMATION CONTACT: George Wollam, GIPSA-FGIS, USDA, Room
0623 South Building, P.O. Box 96454, Washington, DC, 20090-6454;
telephone (202) 720-0292; FAX (202) 720-4628.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
The Department is issuing this rule in conformance with Executive
Order 12866.
Executive Order 12778
This final rule has been reviewed under Executive Order 12778,
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
this rule.
Regulatory Flexibility Act Certification
James R. Baker, Administrator, GIPSA, has determined that this
final 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 868 have been approved previously by OMB and assigned OMB No.
0580-0013.
Review of Standards
On February 24, 1995, FGIS proposed in the Federal Register (60 FR
10336) to revise the United States Standards for Beans. Specifically,
FGIS proposed eliminating the factor ``clean-cut weevil-bored beans''
from the grade requirement for the class Blackeye beans and that
``clean-cut weevil-bored beans'' be considered as ``worm-cut'' or
``insect damaged'' beans. FGIS also proposed changing the grade limits
for the factors ``total defects,'' ``blistered, wrinkled and/or broken
beans,'' and ``splits'' for the class Baby Lima beans 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 90-day comment period, one written
comment was received from a California bean industry group. This group
pointed out that there was a typographical error in the Baby Lima bean
grade chart. The factor ``splits'' was erroneously included as part of
the factor ``total defects;'' ``splits'' is a separate grading factor
in this class of beans. Accordingly, the proposed changes to the
standards for Blackeye and Baby Lima beans are adopted as a final rule
without change, and the grade chart for Baby Lima beans will be
corrected to remove the factor ``splits'' (SP) from being included in
the factor ``total defects.''
Final Action
Based on current market needs and other available information, FGIS
is revising:
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.
List of Subjects in 7 CFR Part 868
Administrative practice and procedures, Agricultural commodities,
Beans.
For reasons set forth in the preamble, 7 CFR Part 868 is amended as
follows:
PART 868--GENERAL REGULATIONS AND STANDARDS FOR CERTAIN
AGRICULTURAL COMMODITIES
1. The authority citation for Part 868 continues to read as
follows:
Authority: Secs. 202-208, 60 Stat. 1087, as amended (7 U.S.C.
1621 et seq.).
2. Section 868.134 is revised to read as follows:
Sec. 868.134 Grades and grade requirements for the class Blackeye
beans.
[[Page 36031]]
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Percent maximum limits of--
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Total Foreign Material
Grade General appearance defects Total -----------------
Moisture (DKT, FM, damaged
\1\ CCL, & SP) Total Stones
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U.S. No. 1...... The Special Grade Off-Color May Be 18.0 4.0 2.0 0.5 0.2
U.S. No. 2...... Applied After The Removal of Total 18.0 6.0 4.0 1.0 0.4
U.S. No. 3...... Defects. 18.0 8.0 6.0 1.5 0.6
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Percent maximum limits
of--
-------------------------
Grade Classes
Contrasting that Blend
classes \2\ \3\
U.S. No. 1.................................... 0.5 5.0
U.S. No. 2.................................... 1.0 10.0
U.S. No. 3.................................... 2.0 15.0
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.
\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.
3. Section 868.140 is revised to read as follows:
Sec. 868.140 Grades and grade requirements for the classes Baby Lima
and Miscellaneous Lima beans.
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Percent maximum limits of--
--------------------------------------------------------
Total Foreign material
Grade General appearance defects Badly -----------------
Moisture (DKT, FM, & damaged
\1\ CCL) Total Stones
----------------------------------------------------------------------------------------------------------------
U.S. No. 1...... The Special Grade Off-Color May Be 18.0 2.0 1.0 0.5 0.2
U.S. No. 2...... Applied After The Removal of Total 18.0 4.0 1.5 1.0 0.3
U.S. No. 3...... Defects. 18.0 6.0 2.0 1.5 0.6
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Percent maximum limits of--
---------------------------------------------------
Blistered,
Grade Contrasting wrinkled, Classes
classes \2\ and/or Splits that blend
broken \3\
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
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.
\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.
Dated: July 5, 1995.
James R. Baker,
Administrator, Grain Inspection, Packers and Stockyards Administration.
[FR Doc. 95-16856 Filed 7-12-95; 8:45 am]
BILLING CODE 3410-EN-P
