[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--              
                                                        --------------------------------------------------------
                                                                         Total                  Foreign Material
      Grade                 General appearance                          defects       Total    -----------------
                                                           Moisture    (DKT, FM,     damaged                    
                                                             \1\       CCL, & SP)                Total    Stones
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------



                                                                        
                                                 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.

----------------------------------------------------------------------------------------------------------------
                                                                       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
----------------------------------------------------------------------------------------------------------------


                                                                        
                                  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