[Federal Register Volume 62, Number 156 (Wednesday, August 13, 1997)]
[Rules and Regulations]
[Pages 43430-43441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21045]



[[Page 43429]]

_______________________________________________________________________

Part II





Department of Agriculture





_______________________________________________________________________



Agricultural Marketing Service



_______________________________________________________________________



7 CFR Part 29, et al.



Removal of U.S. Grade Standards and Other Selected Regulations; Interim 
Final Rule

  Federal Register / Vol. 62, No. 156 / Wednesday, August 13, 1997 / 
Rules and Regulations  

[[Page 43430]]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 29, 31, 32, 36, 52, 53, 54, and 58

[Docket Number FV-95-303]


Removal of U.S. Grade Standards and Other Selected Regulations

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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

SUMMARY: This document amends an interim final rule that removed 
certain voluntary U.S. grade standards and other selected regulations 
covering a number of agricultural commodities from the Code of Federal 
Regulations (CFR). This rule will remove standards that had been 
retained pending completion of rulemaking at the time the interim final 
rule was published, reinstate the U.S. standards for Wisconsin Cigar-
Binder Tobacco, and regulations related to the purchase of samples of 
wool and of mohair grades. Lastly, this rule will add a new part titled 
``Procedures by Which the Agricultural Marketing Service Develops, 
Revises, Suspends, or Terminates Voluntary Official Grade Standards.'' 
These procedures reflect the steps that were discussed in the original 
interim rule concerning the procedures that AMS will follow when 
developing, revising, suspending, or terminating voluntary U.S. grade 
standards. This action is part of the National Performance Review 
Program to eliminate unnecessary regulations and improve those that 
remain in force.

DATES: Effective date: August 13, 1997. Comments must be received by 
October 14, 1997.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this interim final rule. Comments must be submitted in 
duplicate, signed, include the address of the sender, and should note 
the date and page number of this issue of the Federal Register. 
Commentors are encouraged to include definitive information which 
explains and supports their views. Written comments may be mailed to 
Eric Forman, Deputy Director, Fruit and Vegetable Division, USDA, AMS, 
Room 2085-S, P.O. Box 96456, Washington, DC 20090-6456.
    Comments will be available for public inspection during regular 
business hours in Room 2085--South Building; 14th Street and 
Independence Avenue, SW., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Eric Forman, Deputy Director, Fruit 
and Vegetable Division, USDA, AMS, Room 2085-S, P.O. Box 96456, 
Washington, DC 20090-6456, (202) 690-0262.

SUPPLEMENTARY INFORMATION: This regulatory action is being taken as 
part of the National Performance Review program to eliminate 
unnecessary regulations and improve those that remain in force.

Executive Order 12866

    The Department of Agriculture (Department) is issuing this rule in 
conformance with Executive Order 12866.

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule is not intended to have preemptive effect 
with respect to any State or local laws, regulations, or policies 
unless they present an irreconcilable conflict with this rule. This 
rule is not intended to have retroactive effect. There are no 
administrative procedures which must be exhausted prior to any judicial 
challenge to this rule or the application of its provisions.

Effect on Small Entities

    This action was reviewed under the Regulatory Flexibility Act (RFA) 
(5 U.S.C. 601 et seq.). The Administrator of AMS has determined that 
this action will not have a significant economic impact on a 
substantial number of 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.
    The United States standards issued or revised pursuant to the 
Agricultural Marketing Act, and issued thereunder, are administered 
under the direction of the Administrator of AMS and, as in the past, 
will be based on input from interested parties, including various 
industries which are mostly comprised of small entities as defined by 
the Small Business Administration (13 CFR 121.601). Other users of the 
various standards are government agencies including USDA's Farm 
Services Agency and the Foreign Agricultural Service.
    Removal of voluntary standards and other selected regulations 
covering a number of agricultural commodities from the CFR is expected 
to benefit the affected industries because it will provide for more 
timely improvement in the standards in accordance with the procedures 
included in this interim final rule. Notice of any actions as to the 
development, revision, suspension or termination of U.S. standards will 
be published in the Federal Register for comment to ensure that all 
interested parties, including small businesses as well as the general 
public, have an opportunity to have their views considered regarding 
any actions taken concerning the U.S. grade standards.
    This action amends an interim final rule that previously removed 
most of the voluntary U.S. grade standards and other selected 
regulations covering a number of agricultural commodities (dairy 
products, tobacco, wool, mohair, fresh and processed fruits and 
vegetables, livestock, meats and meat products, eggs, and poultry and 
rabbit products) from the CFR. This interim final rule will: Remove 
those standards from the CFR that had been retained pending completion 
of rulemaking at the time the interim final rule was published; 
reinstate in the CFR the U.S. standards for Wisconsin Cigar-Binder 
Tobacco (U.S. Types 54 and 55); and, reinstate in the CFR those 
regulations related to the purchase of samples of grades of wool and of 
mohair. The U.S. standards for grades of wool and mohair will be 
maintained in AMS and not as published regulations in the CFR. Lastly, 
this rule will specify a new CFR part titled ``Procedures by Which the 
Agricultural Marketing Service Develops, Revises, Suspends, or 
Terminates Voluntary Official Grade Standards.'' These procedures 
reflect the steps that were discussed in the original interim rule 
concerning the procedures that AMS will follow when developing, 
revising, suspending, or terminating U.S. grade standards.

Paperwork Reduction Act

    In accordance with the provisions of the Paperwork Reduction Act, 
the information collection requirements contained in the provisions to 
be amended have been previously approved by the Office of Management 
and Budget.

Background

    The Secretary of Agriculture is authorized under various statutes 
to provide various services to provide Federal grading/certification 
services and to develop and establish efficient marketing methods and 
practices of agricultural commodities. The ultimate goal for more than 
75 years, AMS has facilitated the marketing of agricultural commodities 
by developing official U.S. grade standards which provide a uniform 
language that may be used to describe the characteristics of more than 
450 commodities as valued by the marketplace. These standards are

[[Page 43431]]

widely used in private contracts, government procurement, marketing 
communication and, for some commodities, consumer information.
    Although use of most of the U.S. standards is voluntary, they have 
through the years been promulgated as regulations and codified in the 
CFR. Rapid changes in consumer preferences, together with associated 
changes in commodity characteristics, processing technology, and 
marketing practices have often out paced the revision of existing or, 
the issuance of new regulations. As a result, the marketplace has been 
in some instances burdened with outdated trading language. The 
President's regulatory review initiative has provided the impetus to 
develop new approaches to meet more effectively the needs of U.S. 
industry, government agencies, and consumers by reducing the regulatory 
burden. As part of this initiative, AMS determined that certain 
regulations that were in the CFR which could be administered under the 
authority of AMS should be removed from the CFR.
    With this objective, on December 4, 1995, AMS published an interim 
final rule with a request for comments that removed most of the 
voluntary U.S. standards and related regulations from the CFR. This 
action included all the standards except those that at the time were in 
rulemaking, incorporated by reference in marketing orders/agreements 
appearing at 7 CFR Parts 900 through 999, or those used to implement 
government price supports. Those grade standard regulations have 
remained in the CFR, even though the text will also be available as AMS 
standards along with all other grade standards.
    On March 11, 1996, in response to requests by representatives of 
the dairy and meat industries, USDA published a notice in the Federal 
Register (61 FR 9589-9590) that it would reopen and extend the comment 
period until July 10, 1996. The industry association comments asked for 
more time to evaluate how the changes AMS was initiating would impact 
their respective industries.
    Twenty one comments were received from interested persons in 
connection with the interim final rule. These comments were received 
from a variety of industry representatives including trade 
associations, a food processor, a State department of agriculture and 
other interested persons. The majority of comments were commodity 
specific and are addressed on an AMS divisional basis with regard to 
the appropriate commodity topic. For example, nine comments were 
received concerning the wool and mohair standards and are discussed 
under the paragraph heading Livestock and Seed Division. Several 
comments discussed in general the removal of standards from the CFR.
    The American Meat Institute expressed its concern as to what would 
be required of AMS with regard to new or revised standards. They 
questioned the AMS responsibility to solicit input from industry when 
developing and revising U.S. grade standards if the standards are not 
published in the CFR. They question whether AMS would follow the same 
procedures as provided under the Administrative Procedures Act (APA) (5 
U.S.C. 551 et seq.). The APA provides for the public to participate in 
rulemaking by commenting on proposed rules. The American Meat Institute 
requested assurance that AMS still be required to publish actions 
involving U.S. standards in the Federal Register for comment.
    The AMS procedures described in the interim final rule provided for 
interested persons to have the opportunity to comment on actions 
involving U.S. grade standards and to have their views considered. 
Accordingly, taking into consideration the comments received on the 
December 4, 1995, interim final rule, this rule will establish the 
``Procedures By Which The Agricultural Marketing Service Develops, 
Revises, Suspends, or Terminates Voluntary Official Grade Standards'' 
in 7 CFR Part 36. This action will set forth in the regulations, the 
procedures the agency will follow that provide for public comment and 
will be considered by AMS before formal action is taken on a proposal 
even though the standards would not be published in the CFR. In 
addition to providing for AMS to solicit comments through the Federal 
Register, this rule will set forth the procedures that AMS will follow 
when developing a new standard or when revising existing standards. 
This action will also ensure that the commodity divisions in AMS follow 
the same procedures in developing and maintaining official U.S. grade 
standards for dairy, fresh and processed fruits and vegetables, 
livestock, meats and meat products, eggs, poultry and rabbit products, 
tobacco, wool, mohair and other agricultural products. As has been 
longstanding practice, the standards for the various commodities will 
be administered by the respective commodity divisions within AMS.
    Several additional comments were received that were not commodity, 
product or division specific. Two commentors, including a food service 
distributor, and other interested persons, objected to the removal of 
the U.S. standards from the CFR because they liked the convenience of 
all of the standards being available from a single source from the 
government or most libraries. AMS agrees that the standards should be 
readily available and believes that the procedures provided for in this 
rule will accomplish that objective. In addition to paper copies which 
are readily available from the individual commodity divisions, AMS will 
provide the standards in a number of formats, including electronic 
format (computer diskettes or cd rom). In March 1997, the U.S. grade 
standards for commodities administered under AMS were posted on the 
Internet. Therefore any individual or organization with access to the 
Internet can currently view, copy or print copies of the standards from 
the Internet (http://www.ams.usda.gov/standards).
    Comments from the National Association of Perishable Agricultural 
Receivers, the American Frozen Food Institute, and Division of 
Inspection Services with the Department of Food and Agriculture for the 
State of California supported AMS in its efforts of streamlining 
government and working to ensure that the services it provides are 
responsive to the industry it serves.
    When the December 4, 1995, interim final rule was published it was 
organized by AMS commodity division since each division is basically 
commodity, products, or product group specific. This arrangement 
provided industries or others with specific commodity interest with an 
easier understanding of what changes were being initiated. Likewise, 
commodity specific responses to the interim final rule are being 
separated by commodity division. The following discusses the comments 
received on the interim final rule, the agencies response to the 
various comments, the action being taken in response to those comments, 
and the standards this rule will remove from the CFR that were in the 
rulemaking process at the time the December 4 interim final rule was 
published and would be subject to removal from the CFR at a later time.

Tobacco Division

    One comment was received concerning tobacco. The Northern Wisconsin 
Cooperative Tobacco Pool Incorporated of Wisconsin requested that the 
grade standards for Wisconsin Cigar-Binder Tobacco be retained in the 
CFR because the cooperative uses that standard as a part of their price 
support program. The agency agrees, this standard is a part of the USDA 
price support program and this rule will reinstate the ``Official 
Standard Grades

[[Page 43432]]

for Wisconsin Cigar-Binder Tobacco (U.S. Types 54 and 55)'' in their 
original location, sections 29.6001-6161 of 7 CFR Part 29.

Livestock and Seed Division

    The wool and mohair standards (7 CFR Parts 31 and 32, respectively) 
removed under the interim final rule from the CFR included language 
authorizing the collection of fees for sets of standard samples 
depicting the various grades. Since the Agency had not for sometime 
graded product under these standards and believed that the standards 
were no longer being used, the decision was made to drop the standards 
completely.
    This action elicited nine comments from a variety of industry trade 
associations (Mohair Council of America, Empire Sheep Producers 
Association, Inc., American Sheep Industry Association, Inc., Utah Wool 
Marketing Association, U.S. Wool Marketing Association, Inc., and 
American Textile Manufacturers Institute) and other interested persons. 
All of the commentors pointed out that, although there was no official 
grading of wool or mohair, the grades and standards were cited in 
contracts for trading of wool and mohair and were used as a basis for 
establishing prices. Also, AMS Market News reports of wool and mohair 
trading cited the grades as the basis for explaining price 
differentials. Several commentors asserted that without the official 
grade standards there would be no basis for settling claims in cases 
where the quality of product delivered was in dispute. Accordingly AMS 
will reinstate the U.S. standards for grades of wool and for mohair as 
official U.S. standards that will be maintained in AMS along with the 
other voluntary commodity standards. As for the sections of those 
standards relevant to the fees and for method of purchasing ``standard 
samples'' of wool and of mohair, those regulations will be reinstated 
in their original location in sections 31.400-402 of 7 CFR Part 31 and 
sections 32.400-403 of 7 CFR Part 32, respectively.
    The following U.S. standards were retained in the CFR because they 
were in rulemaking at the time the interim final rule was published. 
This rule will remove those standards from the CFR.

------------------------------------------------------------------------
                                        Standards being removed from the
                                                       CFR              
------------------------------------------------------------------------
7 Part 53.............................  Livestock (Grading,             
                                         Certification, and Standards). 
                                        Subpart B--Standards.           
53.201-206............................  Cattle.                         
7 Part 54.............................  Meats, Prepared Meats, and Meat 
                                         Products (Grading,             
                                         Certification, and Standards). 
                                        Subpart B--Standards.           
54.102-107............................  Carcass beef.                   
------------------------------------------------------------------------

Fruit and Vegetable Division (Processed Products Branch)

    One comment was received from the National Food Processors 
Association (NFPA) expressing particular interest in the voluntary U.S. 
grade standards for canned and frozen fruits, vegetables, and juices 
administered by the Fruit and Vegetable Division's Processed Products 
Branch. The NFPA supported the action taken in the interim final rule.
    The following U.S. standards were retained in the CFR because they 
were in rulemaking at the time the interim final rule was published. 
This rule will remove those standards from the CFR.

------------------------------------------------------------------------
                                        Standards being removed from the
                                                       CFR              
------------------------------------------------------------------------
7 Part 52.............................  Processed Fruits and Vegetables,
                                         Processed Products thereof, and
                                         Certain Other Processed Food   
                                         Products.                      
52.721-729............................  Subpart--United States Standards
                                         for Grades of Frozen           
                                         Cauliflower.                   
52.1511-1520..........................  Subpart--United States Standards
                                         for Grades of Frozen Okra.     
52.1661-1674..........................  Subpart--United States Standards
                                         for Grades of Frozen Field Peas
                                         and Frozen Black-eye Peas.     
52.2321-2330..........................  Subpart--United States Standards
                                         for Grades of Frozen Green     
                                         Beans and Frozen Wax Beans.    
------------------------------------------------------------------------

Dairy Division

    Three dairy trade associations (American Dairy Products Institute, 
International Dairy Foods Association, and National Milk Producers 
Federation) responded during the comment period. Each association 
opposed the removal of dairy product grade standards from the CFR. The 
following reasons were provided for this opposition:
    1. The dairy industry is uniquely regulated and differs from other 
AMS industries in that several Federal agencies govern virtually every 
aspect relating to the production, processing, and marketing of dairy 
products. Because of this extensive government involvement, the dairy 
industry relies on the CFR as a central source for all relevant federal 
regulations.
    Several Federal agencies have roles with respect to the manner in 
which milk and milk products are marketed in the United States. 
However, these roles do not substantially differ from other products 
for which AMS also provides quality grade standards. Any reliance on 
the CFR as a central source of U.S. grade standards will not 
significantly change with the removal of AMS grade standards. This 
action only affects the voluntary standards developed by AMS and does 
not affect requirements of other Federal agencies. This action will 
enhance the process for keeping grade standards current by permitting 
AMS to develop and revise standards more quickly and efficiently in 
response to the changing needs of the dairy industry and the consumer.
    A concern of AMS is to provide information to the public in a 
timely manner. The CFR is updated and published annually. Therefore, 
standards published in the CFR do not necessarily provide the most 
current information since new standards may be developed and existing 
standards may be revised throughout the year. Up-to-date printed 
standards are currently available from AMS and will soon also be 
available by electronic access. This approach enhances the availability 
of updated information and lessens the possibility that existing 
standards have been changed or new standards have not been included in 
the currently available CFR.
    2. Dairy product grade standards serve unique marketing functions 
for the dairy industry and should not be removed from the CFR. In 
instances where dairy products are used as ingredients, buyers use 
grade standards to describe ingredient quality and identify desired 
product characteristics. Manufacturers of these ingredients provide 
certification that their product meets the appropriate requirements of 
a grade standard. Also, in instances where grade identification is 
displayed on consumer-ready product, local manufacturers who 
manufacture non-brand product are able to communicate quality to the 
consumer.
    AMS grade standards often play a key role in the marketing of 
agricultural products, both for the manufacturer and the consumer. AMS 
grade standards will still exist, will be readily accessible, and will 
continue to meet the requirements of the industry and the consumer. 
Only their annual publication in the CFR will be affected.
    In order to maximize the effectiveness of these standards, they 
must keep pace with changes in technology as well as user and consumer 
preferences. The National Performance Review program

[[Page 43433]]

has provided the opportunity to reconsider the manner in which grade 
standards are developed and revised. This action enhances the ability 
of AMS to more efficiently address industry and consumer needs. This 
should improve the effectiveness of dairy standards for companies that 
use them to define ingredient quality and to communicate finished-
product quality to consumers.
    3. The current system of publication of all relevant regulations in 
the CFR, with notice of all changes to those regulations published in 
the Federal Register, is the most efficient means of bridging the gap 
between the regulated industry and the government regulators.
    Publication in the Federal Register informs the public of actions 
that are being considered or implemented concerning the development or 
revision of grade standards. This has been done with proposed rule and 
final rule publication in the Federal Register. With the removal of 
grade standards from the CFR, the manner in which AMS notifies the 
public of these considerations and action will not change significantly 
since publication in the Federal Register will still occur. AMS is 
publishing in this amended interim final rule procedures that provide 
for Federal Register publication of proposed actions with request for 
public comment, as well as publication of the final action taken by 
AMS. AMS will publish these actions as notices in the Federal Register 
and will continue to provide for public participation.
    4. The removal of AMS quality grade standards from the CFR would 
not support the National Performance Review initiative to eliminate 
regulations, but merely shift these standards from the CFR to another 
document. This action would increase the work of Government officials 
and require the creation of a new AMS publication. In addition, it is 
unclear how the Government will realize savings and increased 
efficiencies.
    The President's regulatory review initiative provided an impetus to 
develop new approaches to more effectively meet the needs of U.S. 
industry, government agencies, and consumers and still reduce the 
regulatory burden. Because AMS grade standards play a key role in the 
marketing of agricultural products, the Department chose not to 
eliminate these standards. This action removes AMS standards from 
annual publication in the CFR. As a result, it enhances the ability of 
AMS to be more responsive to rapid changes in consumer preferences, 
processing technology, and marketing practices. This action will not 
increase the work required by AMS employees since printed grade 
standards are currently available for distribution, and maintenance 
time is minimal once standards are prepared for electronic access. The 
Department has estimated that this action will result in a savings of 
more than $1 million over the next five years in CFR publication costs.
    5. The removal of AMS grade standards would hamper rather than 
enhance the electronic availability of these documents. Currently the 
full text of the CFR is readily accessible on the Internet, and 
relocation of the standards would result in users not being able to 
locate the information.
    USDA has made available on the Internet information concerning the 
programs it administers, including AMS programs. AMS is the agency 
responsible for the development and revision of quality grade 
standards. Users of these standards are familiar with the agency, and 
therefore AMS is the logical choice when accessing grade standard 
information on the Internet. The inclusion of grade standards in the 
AMS Home Page will provide updated grade standard information that will 
be easily accessible and downloadable.
    The following U.S. standards were retained in the CFR because they 
were in rulemaking at the time the interim final rule was published. 
This rule will remove those standards from the CFR.

------------------------------------------------------------------------
                                        Standards being removed from the
                                                       CFR              
------------------------------------------------------------------------
7 Part 58.............................  Grading and Inspection, General 
                                         Specifications for Approved    
                                         Plants and Standards for Grades
                                         of Dairy Products.             
58.2465-2471..........................  Subpart I--United States        
                                         Standards for Grades of        
                                         Monterey (Monterey Jack)       
                                         Cheese.                        
58.2525-2541..........................  Subpart L--United States        
                                         Standards for Grades of Nonfat 
                                         Dry Milk (Spray Process).      
58.2750-2759..........................  Subpart U--United States        
                                         Standards for Instant Nonfat   
                                         Dry Milk.                      
------------------------------------------------------------------------

    Pursuant to 5 U.S.C. 553, it is also found and determined upon good 
cause that it is impracticable, unnecessary, and contrary to the public 
interest to give preliminary notice prior to putting this rule into 
effect and that good cause exists for not postponing the effective date 
of this rule until 30 days after publication in the Federal Register 
because: (1) The standards are voluntary; (2) No changes are being made 
to the standards by this docket; (3) New procedures are included for 
developing new and revising existing U.S. standards which will provide 
an improved form of delivery standards for those who use U.S. 
standards. (4) This is consistent with the President's regulatory 
review initiative. (5) This rule amends a previously issued interim 
final rule removing most of the voluntary U.S. grade standards and 
other selected regulations covering a number of agricultural 
commodities from the CFR.

List of Subjects

7 CFR Part 29

    Administrative practice and procedure, Advisory committees, 
Government publications, Imports, Pesticides and pests, Reporting and 
recordkeeping requirements, Tobacco.

7 CFR Part 31

    Wool.

7 CFR Part 32

    Mohair.

7 CFR Part 36

    Administrative practice and procedure, Agricultural commodities, 
Food grades and standards, Reporting and recordkeeping requirements.

7 CFR Part 52

    Food grades and standards, Food labeling, Frozen foods, Fruit 
juices, Fruits, Reporting and recordkeeping requirements, Vegetables.

7 CFR Part 53

    Cattle, Hogs, Livestock, Sheep.

7 CFR Part 54

    Food grades and standards, Food labeling, Meat and meat products.

7 CFR Part 58

    Dairy products, Food grades and standards, Food labeling, Reporting 
and recordkeeping requirements.

    For the reasons set forth in the preamble, 7 CFR chapter I is 
amended as follows:

PART 29--TOBACCO INSPECTION

    1. The authority citation for 7 CFR Part 29 continues to read as 
follows:

    Authority: 7 U.S.C. 511b, 511r.

    2. In part 29, subpart C, new undesignated center headings and 
Secs. 29.6001 through 29.6161 are added to read as follows:

[[Page 43434]]

Subpart C--Standards

Official Standard Grades for Wisconsin Cigar-Binder Tobacco (U.S. 
Types 54 and 55) 1
---------------------------------------------------------------------------

    \1\ These standards also apply to Type 53 Havana seed tobacco.
---------------------------------------------------------------------------

Definitions

Sec.
29.6001  Definitions.\1\
29.6002  Air-cured.
29.6003  Body.
29.6004  Burn.
29.6005  Case (order).
29.6006  Class.
29.6007  Clean.
29.6008  Condition.
29.6009  Crude.
29.6010  Cured.
29.6011  Damage.
29.6012  Dirty.
29.6013  Elasticity.
29.6014  Elements of quality.
29.6015  Foreign matter.
29.6016  Form.
29.6017  General quality.
29.6018  Grade.
29.6019  Grademark.
29.6020  Group.
29.6021  Injury.
29.6022  Leaf scrap.
29.6023  Leaf structure.
29.6024  Length.
29.6025  Lot.
29.6026  Maturity.
29.6027  Nested.
29.6028  No Grade.
29.6029  Offtype.
29.6030  Package.
29.6031  Packing.
29.6032  Quality.
29.6033  Raw.
29.6034  Semicured.
29.6035  Side.
29.6036  Sound.
29.6037  Stem.
29.6038  Stemmed.
29.6039  Stem rot.
29.6040  Strength (tensile).
29.6041  Strips.
29.6042  Sweated.
29.6043  Tobacco.
29.6044  Tobacco products.
29.6045  Type.
29.6046  Type 53.
29.6047  Type 54.
29.6048  Type 55.
29.6049  Undried.
29.6050  Uniformity.
29.6051  Unstemmed.
29.6052  Unsweated.
29.6053  Wet (high-case).
29.6054  Width.

Elements of Quality

29.6081  Elements of quality and degrees of each element.

Rules

29.6086  Rules.
29.6087  Rule 1.
29.6088  Rule 2.
29.6089  Rule 3.
29.6090  Rule 4.
29.6091  Rule 5.
29.6092  Rule 6.
29.6093  Rule 7.
29.6094  Rule 8.
29.6095  Rule 9.
29.6096  Rule 10.
29.6097  Rule 11.
29.6098  Rule 12.
29.6099  Rule 13.
29.6100  Rule 14.
29.6101  Rule 15.
29.6102  Rule 16.
29.6103  Rule 17.
29.6104  Rule 18.

Grades

29.6126  Binder (B Group).
29.6127  Stripper (C Group).
29.6128  Straight Stripped (X Group).
29.6129  Farm Filler (Y Group).
29.6130  Nondescript (N Group).
29.6131  Scrap (S Group).

Summary of Standard Grades

29.6155  Summary of standard grades.

Key to Standard Grademarks

29.6161  Key to standard grademarks.

Definitions


Sec. 29.6001  Definitions.

    As used in these standards, the words and phrases hereinafter 
defined shall have the indicated meanings so assigned.


Sec. 29.6002  Air-cured.

    Tobacco cured under natural atmospheric conditions. Artificial heat 
sometimes is used to control excess humidity during the curing period 
to prevent pole-sweat, pole-burn, and shed-burn in damp weather. Air-
cured tobacco should not carry the odor of smoke or fumes resulting 
from the application of artificial heat.


Sec. 29.6003  Body.

    The thickness and density of a leaf or the weight per unit of 
surface. (See chart.)


Sec. 29.6004  Burn.

    The duration of combustion or length of time that a tobacco leaf 
will hold fire after ignition. (See Rule 18.)


Sec. 29.6005  Case (order).

    The state of tobacco with respect to its moisture content.


Sec. 29.6006  Class.

    A major division of tobacco based on method of cure or principal 
usage.


Sec. 29.6007  Clean.

    Tobacco is described as clean when it contains only a normal amount 
of sand or soil particles. Leaves grown on the lower portion of the 
stalk normally contain more sand or dirt than those from higher stalk 
positions. (See Rule 4.)


Sec. 29.6008  Condition.

    The state of tobacco which results from the method of preparation 
or from the degree of fermentation. Words used to describe the 
condition of tobacco are Undried, air-dried, steam-dried, sweating, 
sweated, and aged.


Sec. 29.6009  Crude.

    A subdegree of maturity. (See Rule 15.)


Sec. 29.6010  Cured.

    Tobacco dried of its sap by either natural or artificial processes.


Sec. 29.6011  Damage.

    The effect of mold, must, rot, black rot or other fungus or 
bacterial diseases which attack tobacco in its cured state. Tobacco 
having the odor of mold, must or rot is considered damaged. (See Rule 
17.)


Sec. 29.6012  Dirty.

    The state of tobacco containing an abnormal amount of dirt or sand, 
or tobacco to which additional quantities of dirt or sand have been 
added. (See Rule 17.)


Sec. 29.6013  Elasticity.

    The flexible, springy nature of the tobacco leaf to recover 
approximately its original size and shape after it has been stretched. 
(See chart.)


Sec. 29.6014  Elements of quality.

    Physical characteristics used to determine the quality of tobacco. 
Words selected to describe degrees within each element are shown in the 
chart in Sec. 29.6081.


Sec. 29.6015  Foreign matter.

    Any extraneous substance or material such as stalks, suckers, 
straw, strings, and rubber bands. (See Rule 17.)


Sec. 29.6016  Form.

    The stage of preparation of tobacco such as stemmed or unstemmed.


Sec. 29.6017  General quality.

    The quality of tobacco considered in relation to the type as a 
whole. General quality is distinguished from the restricted use of the 
term ``quality'' within a group.


Sec. 29.6018  Grade.

    A subdivision of a type according to group and quality and to other 
characteristics when they are of sufficient importance to be treated 
separately.

[[Page 43435]]

Sec. 29.6019  Grademark.

    In these types a grademark normally consists of a letter to 
indicate group and a number to indicate quality. For example, B2 means 
Binder, fair quality.


Sec. 29.6020  Group.

    A type division consisting of one or more grades based on the 
general quality of tobacco. Groups in these types are: Binder (B), 
Stripper (C), Straight Stripped (X), Farm Filler (Y), Nondescript (N), 
and Scrap (S).


Sec. 29.6021  Injury.

    Hurt or impairment from any cause except the fungus or bacterial 
diseases which attack tobacco in its cured state. (See definition of 
Damage.) Injury to tobacco may be caused by field diseases, insects, or 
weather conditions; insecticides, fungicides, or cell growth 
inhibitors; nutritional deficiencies or excesses; or improper 
fertilization, harvesting, curing, or handling. Injured tobacco 
includes dead, burnt, hail-cut, torn, broken, frostbitten, frozen (see 
Rule 16), sunburned, sun-scalded, bulk-burnt, pole-burnt, shed-burnt, 
pole-sweated, stem-rotted, bleached, bruised, discolored, or deformed 
leaves; or tobacco affected by wildfire, rust, frogeye, mosaic, root 
rot, wilt, black shank, or other diseases. (See Rule 13.)


Sec. 29.6022  Leaf scrap.

    A byproduct of unstemmed tobacco Leaf scrap results from handling 
unstemmed tobacco and consists of loose and tangled whole or broken 
leaves.


Sec. 29.6023  Leaf structure.

    The cell development of a leaf as indicated by its porosity. The 
degrees range from close (slick and tight) to open (porous). (See 
chart.)


Sec. 29.6024  Length.

    The linear measurement of cured tobacco leaves from the butt of the 
midrib to the extreme tip.


Sec. 29.6025  Lot.

    A pile, basket, bulk, package, or other definite unit.


Sec. 29.6026  Maturity.

    The degree of ripeness. (See chart.)


Sec. 29.6027  Nested.

    Any tobacco which has been loaded, packed, or arranged to conceal 
foreign matter or tobacco of inferior grade, quality, or condition. 
Nested includes any lot of tobacco which contains foreign matter or 
damaged, injured, tangled, or other inferior tobacco, any of which 
cannot be readily detected upon inspection because of the way the lot 
is packed or arranged. (See Rule 17.)


Sec. 29.6028  No Grade.

    A designation applied to a lot of tobacco classified as damaged, 
dirty, nested, offtype, semicured, or wet; tobacco that is improperly 
packed, contains foreign matter, or has an odor foreign to the type. 
(See Rules 5 and 17.)


Sec. 29.6029  Offtype.

    Tobacco of distinctly different characteristics which cannot be 
classified as Type 53, 54, or 55. (See Rule 17.)


Sec. 29.6030  Package.

    A hogshead, tierce, case, bale, or other securely enclosed parcel 
or bundle.


Sec. 29.6031  Packing.

    A lot of tobacco consisting of a number of packages submitted as 
one definite unit for sampling or inspection. It is represented to 
contain the same kind of tobacco and has a common identification number 
or mark on each package.


Sec. 29.6032  Quality.

    A division of a group or the second factor of a grade based on the 
relative degree of one or more elements of quality.


Sec. 29.6033  Raw.

    Tobacco as it appears between the time of harvesting and the 
beginning of the curing process.


Sec. 29.6034  Semicured.

    Tobacco in the process of being cured or which is partially but not 
thoroughly cured. Semicured includes tobacco which contains fat stems, 
wet butts, swelled stems, and tobacco having frozen stems or stems that 
have not been thoroughly dried in the curing process. (See definition 
of No Grade and Rule 17.)


Sec. 29.6035  Side.

    A certain phase of quality as contrasted with some other phase of 
quality or any peculiar characteristic of tobacco.


Sec. 29.6036  Sound.

    Free of damage. (See Rule 4.)


Sec. 29.6037  Stem.

    The midrib or large central vein of a tobacco leaf.


Sec. 29.6038  Stemmed.

    A form of tobacco, including strips and strip scrap, from which the 
stems or midribs have been removed.


Sec. 29.6039  Stem rot.

    The deterioration of an uncured or frozen stem resulting from 
bacterial action. Although stem rot results from bacterial action, it 
is inactive in cured tobacco and is treated as a kind of injury in 
these types. (See Rule 14.)


Sec. 29.6040  Strength (tensile).

    The stress a tobacco leaf can bear without tearing. (See chart.)


Sec. 29.6041  Strips.

    The sides of a tobacco leaf from which the stem has been removed or 
a lot of tobacco composed of strips.


Sec. 29.6042  Sweated.

    The condition of tobacco which has passed through one or more 
fermentations natural to tobacco packed with a normal percentage of 
moisture. This condition sometimes is described as aged.


Sec. 29.6043  Tobacco.

    Tobacco in its unmanufactured forms as it appears between the time 
it is cured and stripped from the stalk, or primed and cured, and the 
time it enters a manufacturing process. Conditioning, sweating, and 
stemming are not regarded as manufacturing processes.


Sec. 29.6044  Tobacco products.

    Manufactured tobacco, including cigarettes, cigars, smoking 
tobacco, chewing tobacco, and snuff, which is subject to Internal 
Revenue tax.


Sec. 29.6045  Type.

    A division of a class of tobacco having certain common 
characteristics and closely related grades. Tobacco which has the same 
characteristics and corresponding qualities, colors, and lengths is 
classified as one type, regardless of any factors of historical or 
geographical nature which cannot be determined by an examination of the 
tobacco.


Sec. 29.6046  Type 53.

    That type of cigar-leaf tobacco commonly known as York State or 
Havana Seed of New York and Pennsylvania, produced principally in the 
Big Flats and Onondaga sections of New York and extending into 
Pennsylvania.


Sec. 29.6047  Type 54.

    That type of cigar-leaf tobacco commonly known as Southern 
Wisconsin Cigar-leaf or Southern Wisconsin Binder-type, produced 
principally south and east of the Wisconsin River.


Sec. 29.6048  Type 55.

    That type of cigar-leaf tobacco commonly known as Northern 
Wisconsin Cigar-leaf or Northern Wisconsin Binder-type, produced

[[Page 43436]]

principally north and west of the Wisconsin River and extending into 
Minnesota.


Sec. 29.6049  Undried.

    The condition of unfermented tobacco which has not been air-dried 
or steam-dried.


Sec. 29.6050  Uniformity.

    A grade requirement designating the percentage of a lot which must 
meet the specified degree of each element of quality. (See Rule 12.)


Sec. 29.6051  Unstemmed.

    A form of tobacco, including whole leaf and leaf scrap, from which 
the stems or midribs have not been removed.


Sec. 29.6052  Unsweated.

    The condition of cured tobacco which has not been sweated.


Sec. 29.6053  Wet (high-case).

    Any sound tobacco containing excessive moisture to the extent that 
it is in unsafe or doubtful-keeping order. Wet applies to any tobacco 
which is not damaged but which is likely to damage if treated in the 
customary manner. (See Rule 17.)


Sec. 29.6054  Width.

    The relative breadth of a tobacco leaf expressed in relation to its 
length. (See chart.)

Elements of Quality


Sec. 29.6081  Elements of quality and degrees of each element.

    These standardized words or terms are used to describe tobacco 
quality and to assist in interpreting grade specifications. Tobacco 
attributes or characteristics which constitute quality are designated 
as elements of quality. The range within each element is expressed by 
the use of words or terms designated as degrees. These degrees are 
arranged to show their relative value, but the actual value of each 
degree varies with type and group.

----------------------------------------------------------------------------------------------------------------
                                                                                                                
----------------------------------------------------------------------------------------------------------------
            Elements                                                                                            
(2)Degrees                                                                                                      
----------------------------------------------------------------------------------------------------------------
Body............................  Heavy........................  Medium.......................  Thin.           
Maturity........................  Immature.....................  Mature.......................  Ripe.           
Leaf structure..................  Close........................  Firm.........................  Open.           
Elasticity......................  Inelastic....................  Semielastic..................  Elastic.        
Strength (tensile)..............  Weak.........................  Normal.......................  Strong.         
Width...........................  Narrow.......................  ......do.....................  Spready.        
Length..........................  (\1\)........................  (\1\)........................  (\1\)           
Uniformity......................  (\2\)........................  (\2\)........................  (\2\)           
Injury tolerance................  (\2\)........................  (\2\)........................  (\2\)           
----------------------------------------------------------------------------------------------------------------
\1\ Expressed in inches.                                                                                        
\2\ Expressed in percentages.                                                                                   

Rules


Sec. 29.6086  Rules.

    The application of these official standard grades shall be in 
accordance with the following rules.


Sec. 29.6087  Rule 1.

    Each grade shall be treated as a subdivision of a particular type. 
When the grade is stated in an inspection certificate, the type also 
shall be stated.


Sec. 29.6088  Rule 2.

    The determination of grade shall be based upon a representative 
sample or a thorough examination of a packing of tobacco.


Sec. 29.6089  Rule 3.

    The grade of unsorted tobacco shall be based upon a representative 
sample of the packing. A minimum of 10 percent of the bundles or bales 
shall be selected at random for sampling; a higher percentage may be 
sampled at the discretion of the inspector. To obtain the sample, a 
sufficient amount of tobacco shall be drawn to be representative of 
each selected bale. In determining the grade, the inspector shall 
consider the quality of all samples. The grade assigned shall represent 
the quality of the lot as a whole.


Sec. 29.6090  Rule 4.

    Standard grades shall be assigned to clean and sound tobacco only.


Sec. 29.6091  Rule 5.

    Tobacco leaves shall be placed straight in bundles or bales of 
normal weight, size, and shape with the butts out and tips overlapping 
from 6 to 8 inches or sufficiently to make a level, solid, and uniform 
pack. The sides of the bundles shall be completely covered with paper, 
or other suitable protective material, and tightly bound with not less 
than three large twines spaced so that the tobacco will be held 
securely together. Improperly packed tobacco shall be designated as 
``No--G.''


Sec. 29.6092  Rule 6.

    The grade assigned to any lot of tobacco shall be a true 
representation of the tobacco at the time of inspection and 
certification. If, at any time, it is found that a lot of tobacco does 
not comply with the specifications of the grade previously assigned, it 
shall not thereafter be represented as such grade.


Sec. 29.6093  Rule 7.

    Any lot of tobacco which meets the specifications of two grades 
shall be placed in the higher grade. Any lot of tobacco on the marginal 
line between two grades shall be placed in the lower grade.


Sec. 29.6094  Rule 8.

    A lot of tobacco meets the specifications of a grade when it is not 
lower in any degree of any element of quality than the minimum 
specifications of such grade.


Sec. 29.6095  Rule 9.

    In determining the grade of a lot of tobacco, the lot as a whole 
shall be considered. Minor irregularities which do not affect over one 
percent of the tobacco shall be overlooked.


Sec. 29.6096  Rule 10.

    Interpretations, the use of specifications, and the meaning of 
terms shall be in accordance with determinations or clarifications made 
by the Chief of the Standardization Branch and approved by the Director 
of the Tobacco Division, Agricultural Marketing Service.


Sec. 29.6097  Rule 11.

    The use of any grade may be restricted by the Director during any 
marketing season when it is found that the grade is not needed or 
appears in insufficient volume to justify its use.

[[Page 43437]]

Sec. 29.6098  Rule 12.

    Uniformity shall be expressed in percentages. These percentages 
shall govern the portion of a lot which must meet each specification of 
the grade; the remaining portion must be related. Grade specifications 
state the minimum acceptable degree of each element of quality. 
Specified percentages of uniformity shall not affect limitations 
established by other rules.


Sec. 29.6099  Rule 13.

    Injury tolerance shall be expressed in percentages. The appraisal 
of injury shall be based upon the percentage of affected leaf surface 
or the degree of injury, and consideration shall be given to the kinds 
of injury normal to the group or grade.


Sec. 29.6100  Rule 14.

    Stem rot shall not exceed 40 percent of the specified injury 
tolerance for any grade.


Sec. 29.6101  Rule 15.

    In grade specifications the tolerance of crude shall apply to the 
entire leaf surface of the lot.


Sec. 29.6102  Rule 16.

    In grade specifications frozen shall be treated as a separate kind 
of injury and the tolerance shall apply to the entire leaf surface of 
the lot.


Sec. 29.6103  Rule 17.

    Tobacco shall be designated as No Grade, using the grademark ``No--
G,'' when it is damaged, dirty, nested, offtype, semicured, wet, 
improperly packed, contains foreign matter, or has an odor foreign to 
the type.


Sec. 29.6104  Rule 18.

    Burn shall be determined as the average burning time of leaves 
selected at random from the sample. A minimum of 10 leaves shall be 
selected as representative regardless of the number of bundles or bales 
in the lot. All burn tests shall be made in the bindercutting area on 
the same side of the leaf. The leaf shall be punctured to permit quick 
ignition when placed over a candle, alcohol lamp, or electrical-
lighting device. Good burn shall average 6 seconds or longer; fair 
burn, 3 to 5 seconds; and poor burn, under 3 seconds. B1 and B2 shall 
require good burn and B3, fair burn.

Grades


Sec. 29.6126  Binder (B Group).

    Tobacco of this group is of cigar-binder quality from which trash 
and trashy Farm Fillers have been removed.

----------------------------------------------------------------------------------------------------------------
              U.S. grades                          Grade names, minimum specifications, and tolerances          
----------------------------------------------------------------------------------------------------------------
B1.....................................  Fine Quality Binder. Thin, ripe, open, elastic, strong, spready, and 19
                                          inches or over in length. Uniformity, 90 percent; injury tolerance, 10
                                          percent.                                                              
B2.....................................  Fair Quality Binder. Medium body, ripe, open, semielastic, strong,     
                                          normal width, and 19 inches or over in length. Uniformity, 80 percent;
                                          injury tolerance, 20 percent.                                         
B3.....................................  Low Quality Binder. Medium, ripe, firm, semielastic, normal strength   
                                          and width, and 17 inches or over in length. Uniformity, 70 percent;   
                                          injury tolerance, 30 percent.                                         
----------------------------------------------------------------------------------------------------------------

Sec. 29.6127  Stripper (C Group).

    This group consists of tobacco from which the trash and trashy Farm 
Fillers have been removed but does not meet the specifications of the 
Binder group.

----------------------------------------------------------------------------------------------------------------
              U.S. grades                          Grade names, minimum specifications, and tolerances          
----------------------------------------------------------------------------------------------------------------
C1.....................................  Fine Quality Stripper. Heavy, ripe, firm, semielastic, normal strength 
                                          and width, and 16 inches or over in length. Uniformity, 90 percent;   
                                          injury tolerance, 10 percent.                                         
C2.....................................   Fair Quality Stripper. Heavy, mature, close, inelastic, normal        
                                          strength, narrow, and 16 inches or over in length. Uniformity, 80     
                                          percent. Tolerances: 5 percent crude, 5 percent frozen, and 20 percent
                                          injury.                                                               
C3.....................................  Low Quality Stripper. Heavy, immature, close, inelastic, weak, and     
                                          narrow. Uniformity, 70 percent. Tolerances: 10 percent crude, 10      
                                          percent frozen, and 30 percent injury.                                
----------------------------------------------------------------------------------------------------------------

Sec. 29.6128  Straight Stripped (X Group).

    This group consists of unsorted tobacco from which the trash has 
been removed.

----------------------------------------------------------------------------------------------------------------
              U.S. grades                          Grade names, minimum specifications, and tolerances          
----------------------------------------------------------------------------------------------------------------
X1.....................................   Fine Quality Straight Stripped. Heavy, ripe, firm, semielastic, normal
                                          strength and width, and 16 inches or over in length. Uniformity, 85   
                                          percent; injury tolerance, 15 percent.                                
X2.....................................  Fair Quality Straight Stripped. Heavy mature, close, inelastic, normal 
                                          strength, narrow, and 16 inches or over in length. Uniformity, 75     
                                          percent. Tolerances: 5 percent crude, 5 percent frozen, and 25 percent
                                          injury.                                                               
X3.....................................  Low Quality Straight Stripped. Heavy, immature, close, inelastic, weak,
                                          and narrow. Uniformity, 60 percent. Tolerances: 10 percent crude, 10  
                                          percent frozen, and 40 percent injury.                                
----------------------------------------------------------------------------------------------------------------

Sec. 29.6129  Farm Filler (Y Group).

    This group consists of tobacco from the lower portion of the stalk 
and may include throw out leaves from the Binder and Stripper groups.

[[Page 43438]]



----------------------------------------------------------------------------------------------------------------
              U.S. grades                          Grade names, minimum specifications, and tolerances          
----------------------------------------------------------------------------------------------------------------
Y1.....................................  Fine Quality Farm Filler. Thin, ripe, open, semielastic, normal        
                                          strength and width, and 12 inches or over in length. Uniformity, 85   
                                          percent; injury tolerance, 15 percent.                                
Y2.....................................  Fair Quality Farm Filler. Thin, ripe, firm, inelastic, normal strength,
                                          and narrow. Uniformity, 75 percent. Tolerances: 5 percent crude, 5    
                                          percent frozen, and 25 percent injury.                                
Y3.....................................  Low Quality Farm Filler. Thin, mature, close, inelastic, weak, and     
                                          narrow. Uniformity, 60 percent. Tolerances: 10 percent crude, 10      
                                          percent frozen, and 40 percent injury.                                
----------------------------------------------------------------------------------------------------------------

Sec. 29.6130  Nondescript (N Group).

    Tobacco which does not meet the minimum specifications or exceeds 
the tolerance of the lowest grade of any other group.

----------------------------------------------------------------------------------------------------------------
              U.S. grades                          Grade names, minimum specifications, and tolerances          
----------------------------------------------------------------------------------------------------------------
N1.....................................  First Quality Nondescript. Tolerances: 20 percent crude, 20 percent    
                                          frozen, and 60 percent injury.                                        
N2.....................................  Second Quality Nondescript. Over 20 percent crude, over 20 percent     
                                          frozen, or over 60 percent injury.                                    
----------------------------------------------------------------------------------------------------------------

Sec. 29.6131  Scrap (S Group).

    A byproduct of unstemmed and stemmed tobacco. Scrap accumulates 
from handling tobacco in farm buildings, warehouses, packing and 
conditioning plants, and stemmeries.

----------------------------------------------------------------------------------------------------------------
              U.S. grades                                     Grade names and specifications                    
----------------------------------------------------------------------------------------------------------------
S......................................  Loose, tangled, whole, or broken unstemmed leaves, or the web portion  
                                          of tobacco leaves reduced to scrap by any process.                    
----------------------------------------------------------------------------------------------------------------

Summary of Standard Grades


Sec. 29.6155  Summary of standard grades.

------------------------------------------------------------------------
           Three grades of binder              Three grades of stripper 
------------------------------------------------------------------------
B1.........................................  C1                         
B2.........................................  C2                         
B3.........................................  C3                         
------------------------------------------------------------------------


------------------------------------------------------------------------
     Three grades of straight stripped       Three grades of farm filler
------------------------------------------------------------------------
X1.........................................  Y1                         
X2.........................................  Y2                         
X3.........................................  Y3                         
------------------------------------------------------------------------


------------------------------------------------------------------------
         Two grades of nondescript               One grades of scrap    
------------------------------------------------------------------------
N1.........................................  S                          
N2                                                                      
------------------------------------------------------------------------
Tobacco not covered by standard grades is designated as ``No-G.''       

Key to Standard Grademarks


Sec. 29.6161  Key to standard grademarks.

------------------------------------------------------------------------
                   Groups                             Qualities         
------------------------------------------------------------------------
B--Binder..................................  1--Fine.                   
C--Stripper................................  2--Fair.                   
X--Straight Stripped.......................  3--Low.                    
Y--Farm Filler                                                          
N--Nondescript                                                          
S--Scrap                                                                
------------------------------------------------------------------------

    3. Part 31, consisting of Secs. 31.400 through 31.402 is added to 
read as follows:

PART 31--PURCHASE OF WOOL AND WOOL TOP SAMPLES

Sec.
31.400  Samples for wool and wool top grades; method of obtaining.
31.401  Cost of samples for wool grades.
31.402  Cost of samples for wool top grades.

    Authority: 7 U.S.C. 1621-1627.


Sec. 31.400  Samples for wool and wool top grades; method of obtaining.

    Samples certified as representative of the official standards of 
the United States for grades of wool and wool top will be furnished as 
follows, subject to other conditions of this section, upon filing of an 
approved application and prepayment of costs thereof as fixed in 
Secs. 31.401 and 31.402. The certification will be issued by the United 
States Department of Agriculture and will be signed by the Director of 
the Livestock Division or other duly authorized official.
    (a) Samples representative of each of the standard grades of wool:
    (1) Complete set: Grades 80's through 36's. Fourteen samples, each 
of approximately \1/8\ pound grease wool, or
    (2) Individual sample: Individual samples of approximately \1/8\ 
pound of grease wool.
    (b) Samples representative of each of the standard grades of wool 
top:
    (1) Complete set: Grades 80's through 36's. Fourteen samples, each 
of approximately 3 ounces wool top, or
    (2) Individual sample: Individual samples of approximately 3 ounces 
of wool top, representing a standard grade.
    (c) Each application for standard samples of wool or wool top shall 
be upon an application form furnished or approved by the Agricultural 
Marketing Service, shall be signed by the applicant, and shall be 
accompanied by certified check, draft, post office money order, or 
express money order, payable to the ``Agricultural Marketing Service,'' 
in an amount to cover the cost of the samples requested, and shall 
incorporate the following agreement:
    (1) That no samples representative of the official wool or wool top 
standards shall be considered or used as representing such standards 
after cancellation in accordance with this section.
    (2) That the said standard samples shall be subject to inspection 
by the Secretary or by any duly authorized officer or agent of the 
Department of Agriculture during usual business hours of the person 
having custody of the samples.
    (3) That the certificate covering any of the samples representative 
of the standards may be revoked and canceled by the Director of the 
Livestock Division if it is found upon such inspection that the said 
samples are not representative of the official standards.

    Note to Sec. 31.400: A sample consists of wool randomly selected 
from a bulk sample. The measured average and standard deviation of 
fiber diameter of the bulk sample are within the limits 
corresponding to the grade of the standard sample as set forth in 
the voluntary

[[Page 43439]]

U.S. grade standards. Copies of the voluntary U.S. grade standards 
can be obtained from Director, Livestock and Seed Division, 
Agricultural Marketing Service, U.S. Department of Agriculture, P.O. 
Box 96456, Washington, DC 20090-6456.


Sec. 31.401  Cost of samples for wool grades.

    (a) Complete set: $22 each, delivered to any destination within the 
United States and $24 each, delivered to any destination outside the 
United States.
    (b) Individual sample: $2 each, delivered to any destination within 
the United States and $2.50 each, delivered to any destination outside 
the United States.


Sec. 31.402  Cost of samples for wool top grades.

    (a) Complete set: $42 each, delivered to any destination within the 
United States and $44 each, delivered to any destination outside the 
United States.
    (b) Individual sample: $3 each, delivered to any destination within 
the United States and $3.50 each, delivered to any destination outside 
the United States.
    4. Part 32, consisting of Secs. 32.400 through 32.403 is added to 
read as follows:

PART 32--PURCHASE OF GREASE MOHAIR AND MOHAIR TOP SAMPLES

32.400  Samples of grease mohair grades; method of obtaining.
32.401  Cost of samples for grease mohair grades.
32.402  Samples of mohair top grades; method of obtaining.
32.403  Cost of samples for mohair top grades.

    Authority: 7 U.S.C. 1621-1627.


Sec. 32.400  Samples of grease mohair grades; method of obtaining.

    Samples certified as representative of the official standards of 
the United States for grades of grease mohair will be furnished as 
follows, subject to other conditions of this section, upon filing of an 
approved application and prepayment of the costs thereof as fixed in 
Sec. 32.401. The certification will be issued by the U.S. Department of 
Agriculture and will be signed by the Director of the Livestock 
Division or other duly authorized official.
    (a) Samples representative of each of the standard grades of grease 
mohair:
    (1) Complete set. Ten certified samples of grease mohair, grades 
40s through 18s.
    (2) Individual sample. Individual certified samples of grease 
mohair.
    (b) Each application for standard samples of grease mohair shall be 
upon an application form furnished or approved by the Consumer and 
Marketing Service, shall be signed by the applicant, and shall be 
accompanied by certified check, draft, post office money order, or 
express money order, payable to the ``Agricultural Marketing Service,'' 
in an amount to cover the cost of the samples requested, and shall 
incorporate the following agreement.
    (1) That no samples representative of the official grease mohair 
standards shall be considered or used as representing such standards 
after cancellation in accordance with this section.
    (2) That the said standard samples shall be subject to inspection 
by the Secretary or by any duly authorized officer or agent of the 
Department of Agriculture during usual business hours of the person 
having custody of the samples.
    (3) That the certificate covering any of the samples representative 
of the standards may be revoked and canceled by the Director of the 
Livestock Division, if it is found upon such inspection that the said 
samples are not representative of the official standards.

    Note to Sec. 32.400: A certified sample consists of grease 
mohair randomly selected from a bulk sample. The measured average 
and standard deviation of fiber diameter of bulk sample were within 
the limits corresponding to the grade of the standard sample as set 
forth in the voluntary U.S. grade standards. Copies of the voluntary 
U.S. grade standards can be obtained from Director, Livestock and 
Seed Division, Agricultural Marketing Service, U.S. Department of 
Agriculture, P.O. Box 96456, Washington, DC 20090-6456.


Sec. 32.401  Cost of samples for grease mohair grades.

    (a) Complete set. $22 each, delivered to any destination with the 
United States and $25 each, delivered to any destination outside the 
United States.
    (b) Individual sample. $2.50 each, delivered to any destination 
within the United States, and $3 each, delivered to any destination 
outside the United States.


Sec. 32.402  Samples of mohair top grades; method of obtaining.

    Samples certified as representative of the official standards of 
the United States of grades of mohair top will be furnished when 
available as follows, subject to other conditions for this section, 
upon filing of an approved application and prepayment of the cost 
thereof as fixed in Sec. 32.403. The certification will be issued by 
the U.S. Department of Agriculture and will be signed by the Director 
of the Livestock Division or other official duly authorized by him.
    (a) Samples representative of the official grades of mohair top:
    (1) Complete set. Nine certified samples of mohair top, grades 40s 
through 20s.
    (2) Individual sample. Individual certified samples of mohair top, 
grades 40s through 20s.
    (b) Each application for standard samples of mohair top shall be 
upon an application form furnished or approved by the Agricultural 
Marketing Service, shall be signed by the applicant, and shall be 
accompanied by certified check, draft, postal money order, or express 
money order, payable to the ``Agricultural Marketing Service,'' in an 
amount to cover the cost of the samples requested and shall incorporate 
the following agreement:
    (1) That no samples representative of the official mohair top 
standards shall be considered or used as representing such standards 
after cancellation in accordance with this section.
    (2) That the said standard samples shall be subject to inspection 
by the Secretary or by any duly authorized officer or agent of the 
Department of Agriculture during usual business hours of the person 
having custody of the samples.
    (3) That the certificate covering any of the samples representative 
of the standards may be revoked and canceled by the Director of the 
Livestock Division, if it is found upon such inspection that the said 
samples are not representative of the official standards.


Sec. 32.403  Cost of samples for mohair top grades.

    (a) Complete set. Twenty-seven dollars each, delivered to any 
destination within the United States and $30 each, delivered to any 
destination outside the United States.
    (b) Individual sample. Three dollars each, delivered to any 
destination within the United States, and $3.50 each, delivered to any 
destination outside the United States.
    5. Part 36, consisting of Secs. 36.1 through 36.3 is added to read 
as follows:

PART 36--PROCEDURES BY WHICH THE AGRICULTURAL MARKETING SERVICE 
DEVELOPS, REVISES, SUSPENDS, OR TERMINATES VOLUNTARY OFFICIAL GRADE 
STANDARDS

Sec.
36.1  General information.
36.2  Initiating action on grade standards.
36.3  Public notification of grade standards action.

    Authority: 7 U.S.C. 1621-1627.


Sec. 36.1  General information.

    The Agricultural Marketing Service (AMS or agency) of the U.S. 
Department

[[Page 43440]]

of Agriculture (USDA) facilitates the fair and efficient marketing of 
agricultural products by promulgating voluntary official grade 
standards for dairy, fresh and processed fruits and vegetables, 
livestock, meats and meat products, eggs, poultry and rabbit products, 
tobacco, wool, mohair, and other agricultural products. AMS standards 
provide a uniform language for describing the quality of various 
agricultural commodities in the marketplace. These standards may cover 
(but are not limited to) terms, classes, sizes (including quantities of 
packaged consumer agricultural commodities), dimensions, capacities, 
quality levels, performance criteria, inspection requirements, marking 
requirements, testing equipment, test procedures, and installation 
procedures.
    (a) Grade standards are officially designated as U.S. Grade 
Standards and the AMS assigns each grade standard an appropriate 
identification number. AMS develops, revises, suspends, or terminates 
official grade standards under procedures that allows for input by 
interested parties.
    (b) These procedures set forth the process by which AMS will 
develop, revise, suspend, or terminate the U.S. standards.
    (c) Communications about AMS standards in general should be 
addressed to the Administrator, Attention: Functional Committee for 
Standards. Communications about specific standards (such as a request 
to develop or revise a standard) should be addressed to the Director of 
the appropriate Division (Dairy, Fruit and Vegetable, Livestock and 
Seed, Poultry, or Tobacco). All communications should include in the 
address: Agricultural Marketing Service, U.S. Department of 
Agriculture, P.O. Box 96456, Washington, D.C. 20090-6456.


Sec. 36.2  Initiating action on grade standards.

    The Agency will develop, revise, suspend, or terminate grade 
standards if it determines that such action is in the public interest. 
Any standardization action should reflect the broad interest of 
individuals or an industry involved in manufacturing, producing, 
packaging, distributing, testing, consuming, or using the product; or 
the interest of a Federal, State, or local agency. Proposed actions 
should always be based on sound technical and marketing information and 
should include careful consideration of the factors that determine a 
commodity's quality and condition and that will allow trained personnel 
to determine objectively conformance or non-conformance.
    (a) AMS encourages interested parties to participate in the review, 
development, and revision of grade standards. Interested parties 
include growers, producers, processors, shippers, distributors, 
consumers, individuals or groups, trade associations, companies, and 
State or Federal agencies. Such groups and individuals may at any time 
recommend that AMS develop, revise suspend, or terminate a grade 
standard. Requests for Agency action should be in writing, preferably 
accompanied by a draft of the suggested change.
    (1) The Agency, in cooperation with interested parties, as 
applicable, will:
    (i) Determine the need for new or revised standards;
    (ii) Collect technical, marketing, or other appropriate data;
    (iii) Conduct research regarding new or revised standards, as 
appropriate; and,
    (iv) Draft the proposed standards;
    (2) [Reserved]
    (b) If the Agency determines that new standards are needed, 
existing standards need to be revised, or the suspension or termination 
of existing standards is justified, it will undertake the action, with 
input from all interested parties.


Sec. 36.3  Public notification of grade standards action.

    After developing a standardization proposal, the Agency will 
publish a notice in the Federal Register describing new or changes to 
existing standards or to suspend or terminate existing standards. AMS 
will simultaneously issue a news release about these actions. AMS will 
also distribute copies of the full text of the proposals to anyone 
requesting a copy or to anyone the Agency believes may be interested, 
including other Federal, State, or local government agencies, and on 
the Internet. For other than minor editorial or technical changes, the 
notice will provide at least 60 days for interested parties to submit 
comments to the Agency.
    (a) All comments received within the comment period will be part of 
the public record maintained by the Agency, will be available to the 
public for review, and will be considered by the Agency before final 
action is taken on the proposal.
    (1) Based on the comments received, the Agency's knowledge of 
standards, grading, marketing, and other technical factors, and any 
other relevant information AMS will decide whether the proposed actions 
should be implemented.
    (2) If AMS concludes that the actions as proposed or with minor 
modifications should be adopted, AMS will publish a description of the 
changes or actions in a Federal Register notice. The Agency, through 
the appropriate AMS Divisions, will make the grade standards and 
related information available in printed form and electronic media.
    (3) If the Agency determines that proposed changes are not 
warranted, or otherwise are not in the public interest, the Agency will 
either publish in the Federal Register a notice withdrawing the 
proposal, or will revise the proposal and again seek public input.
     (b) [Reserved]

PART 52--PROCESSED FRUITS AND VEGETABLES, PROCESSED PRODUCTS 
THEREOF, AND CERTAIN OTHER PROCESSED FOOD PRODUCTS \1\

    6. The authority citation for part 52 continues to read as follows:

    \1\ Among such other processed food products are the following: 
Honey; molasses, except for stockfeed; nuts and nut products, except 
oil; sugar (cane, beet, and maple); sirups (blended), sirups, except 
from grain; tea; cocoa; coffee; spices; condiments.
---------------------------------------------------------------------------

    Authority: 7 U.S.C. 1621-1627.

    7. In part 52, Subpart--United States Standards for Grades of 
Frozen Cauliflower (Secs. 52.721 through 52.729), Subpart--United 
States Standards for Grades of Frozen Okra (Secs. 52.1511 through 
52.1520), Subpart--United States Standards for Grades of Frozen Field 
Peas and Frozen Black-eye Peas (Secs. 52.1661 through 52.1674), 
Subpart--United States Standards for Grades of Frozen Green Beans and 
Frozen Wax Beans (Secs. 52.2321 through 52.2330) are removed.

PART 53--LIVESTOCK (GRADING, CERTIFICATION, AND STANDARDS)

    8. The authority citation for part 53 continues to read as follows:

    Authority: 7 U.S.C. 1621-1627.

Subpart B--[Removed and Reserved]

    9. In part 53, Subpart B--Standards, is removed and reserved.

PART 54--MEATS, PREPARED MEATS, AND MEAT PRODUCTS (GRADING, 
CERTIFICATION, AND STANDARDS)

    10. The authority citation for part 54 continues to read as 
follows:

    Authority: 7 U.S.C. 1621-1627.

Subpart B--[Removed and Reserved]

    11. In part 54, Subpart B--Standards is removed and reserved.

[[Page 43441]]

PART 58--GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR 
APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS

    12. The authority citation for part 58 continues to read as 
follows:

    Authority: 7 U.S.C. 1621-1627.

Subparts I, L, U--[Removed and Reserved]

    13. In part 58, Subpart I--U.S. Standards for Grades of Monterey 
(Monterey Jack) Cheese, subpart L--United States Standards for Grades 
of Nonfat Dry Milk (Spray Process), and subpart U--United States 
Standards for Instant Nonfat Dry Milk are removed and reserved.

    Dated: July 31, 1997.
Lon Hatamiya,
Administrator, Agricultural Marketing Service.
[FR Doc. 97-21045 Filed 8-12-97; 8:45 am]
BILLING CODE 3410-02-P