[Federal Register Volume 71, Number 184 (Friday, September 22, 2006)]
[Proposed Rules]
[Pages 55356-55367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7819]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 51

[Docket Number FV-06-303]


Potatoes; Grade Standards

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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SUMMARY: This proposed rule would revise the United States Standards 
for Grades of Potatoes. These standards are issued under the 
Agricultural Marketing Act of 1946. The use of these grading standards 
is voluntary unless potatoes are under a marketing order that provides 
for certain requirements set forth in the grade standards or the 
potatoes are subject to import requirements under the Agricultural 
Marketing Agreement Act of 1937. The changes being proposed are the 
results of the detailed work performed by the Joint U.S./Canadian 
Potato Council that was charged with harmonizing the U.S. and Canadian 
Potato Grade Standards. The purpose for this revision is to update and 
revise the standards to more accurately represent today's marketing 
practices.

DATES: Comments must be received by November 21, 2006.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this proposal. Comments must be sent to the Standardization 
Section, Fresh Products Branch, Fruit and Vegetable Programs, 
Agricultural Marketing Service, U.S. Department of Agriculture, 1400 
Independence Ave., SW., Room 1661 South Building, Stop 0240, 
Washington, DC 20250-0240; Fax (202) 720-8871, E-mail 
[email protected]. Comments should make reference to the date and 
page number of this issue of the Federal Register and will be made 
available for public inspection in the above office during regular 
business hours. Comments can also be submitted on the Internet at: 
http://www.regulations.gov. The current United States Standards for 
Grades of Potatoes, along with the proposed changes, will be available 
either through the address cited above or by accessing the AMS, Fresh 
Products Branch Web site at: http://www.ams.usda.gov/standards/stanfrfv.htm.

FOR FURTHER INFORMATION CONTACT: Cheri Emery, at the above address or 
call (202) 720-2185; E-mail [email protected].

SUPPLEMENTARY INFORMATION: 

Executive Order 12866 and 12988

    The Office of Management and Budget has waived the review process 
required by Executive Order 12866 for this action. This rule has been 
reviewed under Executive Order 12988, 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 the rule.

Regulatory Flexibility Act and Paperwork Reduction Act

    The Joint U.S./Canadian Council, which was established by the 
United

[[Page 55357]]

States Secretary of Agriculture and the Canadian Minister of 
Agriculture was charged with harmonizing the U.S. and Canadian grade 
standards. The United States Standards for Grades of Potatoes was last 
revised in 1991. The Council, which consists of representatives from 
the industry and government, meets annually to discuss issues 
concerning cross border marketing and trade of potatoes. AMS and the 
Canadian Food Inspection Agency (CFIA) have been working with the 
Council for the past 14 years in the harmonizing of the standards. To 
complete the harmonization process both the Canadian and U.S. grade 
standards require a revision. The revisions being proposed will benefit 
all aspects of the potato industry and make the standards current with 
today's marketing trends and practices.
    Pursuant to the requirements set forth in the Regulatory 
Flexibility Act (RFA), AMS has considered the economic impact of this 
action on 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. Accordingly, AMS has prepared this initial regulatory 
flexibility analysis. Interested parties are invited to submit 
information on the regulatory and informational impacts of this action 
on small businesses.
    This rule will revise the U.S. Standards for Grades of Potatoes 
that were issued under the Agricultural Marketing Act of 1946. 
Standards issued under the 1946 Act are voluntary.
    Small agricultural service firms, which include handlers, have been 
defined by the Small Business Administration (SBA) (13 CFR 121.201) as 
those having annual receipts of less than $6,500,000, and small 
agricultural producers are defined as those having annual receipts of 
less than $750,000. Using annual data from the National Agricultural 
Statistics Service (NASS), the average potato crop value for 2002-2004 
is $2.538 billion. Dividing that figure by 9,408 farms yields an 
average potato crop value per farm of just under $270,000. Since this 
is well under the SBA threshold of annual receipts of $750,000, it can 
be concluded that the majority of these producers may be classified as 
small entities.
    Additional evidence comes from examining the Agricultural Census 
acreage breakdown more closely. Out of a total of 9,408 potato farms in 
2002, 60 percent were under 5 acres and 76 percent were under 100 
acres. An estimate of the number of acres that it would take to produce 
a crop valued at $750,000 can be made by dividing the 2002-04 average 
crop value of $2.538 billion by three-year average bearing acres (1.227 
million), yielding an average potato revenue per acre estimate of 
$2,068. Dividing $750,000 by $2,068 shows that farms with at least 363 
acres that received at least the average price in 2002-04 would have 
produced crops valued at $750,000 or more, and would be therefore be 
considered large potato farms under the SBA definition. Looking at farm 
numbers for additional census size categories shows that 8,084 potato 
farms (86 percent) are under 250 acres and 8,735 (92 percent) are under 
500 acres. Since a farm with 363 acres of potatoes falls into middle of 
this range, it can be concluded that the proportion of small potato 
farms under the SBA definition is likely to be between 86 and 90 
percent of all U.S. potato farms.
    This proposed rule would: Develop en route or at destination 
tolerances for the U.S. No. 1 and U.S. No. 2 grades, revise current 
tolerances in all grades, delete the ``Unclassified'' section, and 
define damage and serious damage by the following defects which will be 
added to Table III of the External Defects section: Cuts, Clipped Ends, 
Elephant Hide, Flattened or Depressed Areas/Pressure Bruises, Grub 
Damage, Nematode (Root Knot), Rodent or Bird Damage, Russeting, Silver 
Scurf, Sunken Discolored Areas, and Surface Cracks. The following 
defects and scoring guidelines that are currently listed in Table III 
of the External Defects section would be modified to reflect current 
inspection instructions: Air Cracks, Bruises, External Discoloration, 
Flea Beetle Injury, Greening, Growth Cracks, Rhizoctonia, Pitted Scab, 
Russet Scab, Surface Scab, and Wireworm or Grass Damage. Also, a 
revision to the current scoring guide for sprouts is being proposed. In 
the Internal Defects section, Internal Black Spot would be revised by 
implementing a color chip to assist in the scoring of this defect. 
Also, Table IV in this section would be redesignated as Table 1. 
Additionally, a revised large size is being proposed as well as adding 
Chef and Creamer sizes.
    The effects of this rule are not expected to be disproportionately 
greater or smaller for small handlers or producers than for larger 
entities.
    This proposed action would make the standard more consistent and 
uniform with marketing trends and practices. This proposed action will 
not impose any additional reporting or recordkeeping requirements on 
either small or large potato producers, handlers, or importers. USDA 
has not identified any Federal rules that duplicate, overlap, or 
conflict with this rule. However, there are marketing programs which 
regulate the handling of potatoes under (7 CFR parts 945-948 and 953). 
Potatoes under a marketing order have to meet certain requirements set 
forth in the grade standards. In addition, potatoes are subject to 
Section 8e import requirements under the Agricultural Marketing Act of 
1937, as amended (7 U.S.C. 601-674) which requires imported potatoes to 
meet grade, size, and quality under the applicable marketing order (7 
CFR part 980).
    Alternatives were considered for this action. One alternative would 
be to not issue a proposed rule. However, the need for revisions have 
increased as a result of changing market characteristics. The proposal 
represents approximately 14 years of research, surveys, and other input 
from all sectors of the potato industry and government. The purpose of 
these proposed standards is to facilitate the marketing of agricultural 
commodities.

Background and Proposed Rule

    In 1991, the Joint U.S./Canadian Council was established by the 
U.S. Secretary of Agriculture and the Canadian Minister of Agriculture 
to discuss issues concerning cross border marketing and trade of 
potatoes. The Council was charged with working towards harmonizing the 
U.S. and Canadian Potato Grade Standard. Government representatives 
from both countries have been providing technical assistance and 
guidance to the Council with regard to the interpretation of the 
standards and scoring guides of defects.
    The Council formed a Grade Harmonization Committee (Committee) to 
work on the harmonization of the two standards. The harmonization 
process was divided into several phases. The Committee began by 
focusing its attention on defects that could be harmonized with 
adjustments that would not involve a revision of the standards. These 
defects include those for which the scoring guides were defined in 
inspection instruction handbooks or ones for which the scoring guides 
are listed in the standards as scorable when ``materially or seriously 
affecting the appearance.'' The defining of ``materially or seriously 
affecting the appearance'' for certain defects will also provide for 
more uniformity with regard to how the U.S. standards are applied 
nationwide. The final phase of the harmonization process requires a 
revision to the United States Standards for Grades of Potatoes.
    This proposed rule would: Develop en route or at destination 
tolerances for the

[[Page 55358]]

U.S. No. 1 and U.S. No. 2 grades, revise current tolerances in all 
grades, delete the ``Unclassified'' section, and define damage and 
serious damage by the following defects which will be added to Table 
III of the External Defects section: Cuts, Clipped Ends, Elephant Hide, 
Flattened or Depressed Areas/Pressure Bruises, Grub Damage, Nematode 
(Root Knot), Rodent or Bird Damage, Russeting, Silver Scurf, Sunken 
Discolored Areas, and Surface Cracks. Also, the following defects and 
scoring guidelines that are currently listed in Table III of the 
External Defects section would be updated to better reflect current 
inspection instructions: Air Cracks, Bruises, External Discoloration, 
Flea Beetle Injury, Greening, Growth Cracks, Rhizoctonia, Pitted Scab, 
Russet Scab, Surface Scab, and Wireworm or Grass Damage. Also, a 
revision to the current scoring guide for sprouts is being proposed. In 
the Internal Defects section, Internal Black Spot would be revised by 
implementing a color chip to assist in the scoring of this defect. 
Also, Table IV in this section would be redesignated as Table 1. 
Additionally, a revised large size is being proposed as well as adding 
Chef and Creamer sizes. In an effort to clearly outline these proposed 
changes, the first column of the following chart shows the section as 
it currently reads, the second column shows the proposed change and the 
third column states why the change is being proposed:

------------------------------------------------------------------------
      Current standard          Proposed standard        Discussion
------------------------------------------------------------------------
Sec.   51.1540 U.S. Extra     Sec.   51.1540        A deletion to the
 No. 1.                        (Reserved).           U.S. Extra No. 1
``U.S. Extra No. 1''                                 grade and all
 consists of potatoes which                          reference to the
 meet the following                                  U.S. Extra No. 1
 requirements:.                                      grade is being
(a) Similar varietal                                 proposed as this
 characteristics;.                                   grade is no longer
(b) Firm;...................                         utilized by the
(c) Clean;..................                         industry.
(d) At least fairly well
 matured;.
(e) Fairly well shaped, with
 50 percent or more well
 shaped;.
(f) Free from;..............
(1) Freezing;...............
(2) Blackheart;.............
(3) Late blight, southern
 bacterial wilt and ring
 rot; and,.
(4) Soft rot and wet
 breakdown..
(g) Free from injury caused
 by:.
(1) Sprouts; and,...........
(2) Internal defects........
(h) Free from damage by any
 other cause. See Sec.  Sec.
   51.1564 and 51.1565..
(i) Size. The potatoes shall
 be not less than 2\1/4\
 inches in diameter or 5
 ounces in weight and shall
 not vary more than 1\1/4\
 inches in diameter or more
 than 6 ounces in weight..
(j) For tolerances see Sec.
  51.1546..
Sec.   51.1544 Unclassified.  Sec.   51.1544        When changing or
``Unclassified'' consists of   (Reserved).           updating standards
 potatoes which have not                             in recent years,
 been classified in                                  references to
 accordance with any of the                          ``Unclassified''
 foregoing grades. The term                          have been removed
 ``unclassified'' is not a                           in an attempt to
 grade within the meaning of                         eliminate the
 these standards but is                              confusion this term
 provided as a designation                           creates. People
 to show that no grade has                           have incorrectly
 been applied to the lot..                           assumed that
                                                     ``Unclassified'' is
                                                     an actual grade
                                                     name. To avoid
                                                     further confusion
                                                     it is proposed that
                                                     all references to
                                                     this term be
                                                     eliminated.
Sec.   51.1545 Size.........  (Revising, See        It is being proposed
(See Current Table I).......   Proposed Table I).    that a Chef and
                                                     Creamer size be
                                                     added to reflect
                                                     current marketing
                                                     practices. Also,
                                                     being proposed is
                                                     the maximum
                                                     diameter or weight
                                                     for the Large size
                                                     to be 4\1/2\ inches
                                                     or 28 ounces based
                                                     on a request by the
                                                     Committee.
------------------------------------------------------------------------


                                                 Current Table I
----------------------------------------------------------------------------------------------------------------
                                                            Minimum  diameter \1\ or   Maximum  diameter \1\ or
                                                                     weight                     weight
                     Size designation                     ------------------------------------------------------
                                                              Inches       Ounces        Inches        Ounces
----------------------------------------------------------------------------------------------------------------
Size A \2\...............................................       1\7/8\         (\3\)         (\3\)         (\3\)
Size B...................................................       1\1/2\         (\3\)       2\1/4\          (\3\)
Small....................................................       1\3/4\         (\3\)       2\1/2\             6
Medium...................................................       2\1/4\            5        3\1/4\            10
Large....................................................            3           10        4\1/4\            16
----------------------------------------------------------------------------------------------------------------
\1\ Diameter means the greatest dimension at right angles to the longitudinal axis, without regard to the
  position of the stem end.
\2\ In addition to the minimum size specified, a lot of potatoes designated as Size A shall contain at least 40
  percent of potatoes which are 2\1/2\ inches in diameter or larger or 6 ounces in weight or larger.

[[Page 55359]]

 
\3\ No requirement.


                                                Proposed Table I
----------------------------------------------------------------------------------------------------------------
                                                            Minimum  diameter \1\ or   Maximum  diameter \1\ or
                                                                     weight                     weight
                     Size designation                     ------------------------------------------------------
                                                              Inches       Ounces        Inches        Ounces
----------------------------------------------------------------------------------------------------------------
Creamer..................................................        \3/4\         (\3\)       1\5/8\          (\3\)
Chef.....................................................       2\3/4\            8        4\1/2\            28
Size A \2\...............................................       1\7/8\         (\3\)         (\3\)         (\3\)
Size B...................................................       1\1/2\         (\3\)       2\1/4\          (\3\)
Small....................................................       1\3/4\         (\3\)       2\1/2\             6
Medium...................................................       2\1/4\            5        3\1/4\            10
Large....................................................            3           10        4\1/2\            28
----------------------------------------------------------------------------------------------------------------
\1\ Diameter means the greatest dimension at right angles to the longitudinal axis, without regard to the
  position of the stem end.
\2\ In addition to the minimum size specified, a lot of potatoes designated as Size A shall contain at least 40
  percent of potatoes which are 2\1/2\ inches in diameter or larger or 6 ounces in weight or larger.
\3\ No requirement.


------------------------------------------------------------------------
      Current standard          Proposed standard        Discussion
------------------------------------------------------------------------
Sec.   51.1546 Tolerances...  Sec.   51.1546        Due to the deletion
To allow for variations        Tolerances.           of the U.S. Extra
 incident to proper grading   To allow for           No. 1 grade,
 and handling in each of the   variations incident   paragraph (2) will
 foregoing grades, the         to proper grading     be redesignated as
 following tolerances by       and handling in       paragraph (1).
 weight or equivalent basis,   each of the           Based on the
 are provided as specified.    foregoing grades,     harmonizing of the
(a) For defects--(1) U.S.      the following         U.S. and Canadian
 Extra No. 1. A total of 5     tolerances by         standard it is
 percent for potatoes in any   weight or             being proposed that
 lot which fail to meet the    equivalent basis,     the 3 percent
 requirements for the grade:   are provided as       restrictive
 Provided, That not more       specified.            tolerance for
 than two-fifths of this      (a) For defects--(1)   freezing, southern
 tolerance, or 2 percent,      U.S. No. 1..          bacterial wilt,
 shall be allowed for         Shipping Point: A      ring rot, late
 potatoes which are affected   total of 8 percent    blight, soft rot or
 by freezing, southern         for potatoes in any   wet breakdown be
 bacterial wilt, ring rot,     lot which fail to     deleted. Also, the
 late blight, soft rot or      meet the              proposed
 wet breakdown, including      requirements for      establishment of an
 therein not more than one-    the grade:            ``En Route or At
 half of 1 percent for         Provided, That        Destination''
 potatoes which are frozen     included in this      tolerance to the
 or affected by soft rot or    tolerance not more    U.S. No. 1 grade
 wet breakdown. See Sec.       than the following    will be consistent
 51.1547.                      percentages shall     with similar
(2) U.S. No. 1. A total of 8   be allowed for the    standards.
 percent for potatoes in any   defects listed:.
 lot which fail to meet the   (i) 5 percent for
 requirements for the grade:   external defects;.
 Provided, That included in   (ii) 5 percent for
 this tolerance not more       internal defects;.
 than the following           (iii) including
 percentages shall be          therein not more
 allowed for the defects       than 1 percent for
 listed:.                      potatoes which are
(i) 5 percent for external     frozen or affected
 defects;.                     by soft rot or wet
(ii) 5 percent for internal    breakdown.
 defects; or,.                En route or at
(iii) 3 percent for potatoes   Destination: A
 which are affected by         total of 10 percent
 freezing, southern            for potatoes in any
 bacterial wilt, ring rot,     lot which fail to
 late blight, soft rot or      meet the
 wet breakdown, including      requirements for
 therein not more than 1       the grade:
 percent for potatoes which    Provided, That
 are frozen or affected by     included in this
 soft rot or wet breakdown.    tolerance not more
 See Sec.   51.1547.           than the following
                               percentages shall
                               be allowed for the
                               defects listed:.
                              (i) 7 percent for
                               external defects;.
                              (ii) 7 percent for
                               internal defects;.
                              (iii) Including
                               therein not more
                               than 2 percent for
                               potatoes which are
                               frozen or affected
                               by soft rot or wet
                               breakdown. See Sec.
                                 51.1547.
(3) U.S. Commercial. A total  (2) U.S. Commercial.  Due to the
 of 20 percent for potatoes    A total of 20         redesignating of
 in any lot which fail to      percent for           paragraph (2),
 meet the requirements for     potatoes in any lot   paragraph (3) will
 the grade: Provided, That     which fail to meet    be redesignated as
 included in this tolerance    the requirements      paragraph (2).
 not more than the following   for the grade:        Based on the
 percentages shall be          Provided, That        harmonizing of the
 allowed for the defects       included in this      U.S. and Canadian
 listed:                       tolerance not more    standards it is
(i) 10 percent for potatoes    than the following    being proposed that
 which fail ito meet the       percentages shall     the 3 percent
 requirements for U.S. No. 2   be allowed for the    restrictive
 grade, including therein      defects listed:       tolerance for
 not more than:.              (i) 10 percent for     freezing, southern
(ii) 6 percent for external    potatoes which fail   bacterial wilt,
 defects;.                     to meet the           ring rot, late
(iii) 6 percent for internal   requirements for      blight, soft rot or
 defects; or,.                 U.S. No. 2 grade,     wet breakdown be
(iv) 3 percent for potatoes    including including   deleted.
 which are affected by         therein not more
 freezing, southern            than:.
 bacterial wilt, ring rot,    (ii) 6 percent for
 late blight, soft rot or      external defects;.
 wet breakdown, including     (iii) 6 percent for
 therein not more than 1       internal defects;
 percent for potatoes which    or,.
 are frozen or affected by    (iv) Including
 soft rot or wet breakdown.    therein not more
 See Sec.   51.1547.           than 1 percent for
                               potatoes which are
                               frozen or affected
                               by soft rot or wet
                               breakdown. See Sec.
                                 51.1547.

[[Page 55360]]

 
(4) U.S. No. 2. A total of    (3) U.S. No. 2......  Due to the
 10 percent for potatoes in   Shipping Point: A      redesignating of
 any lot which fail to meet    total of 10 percent   paragraph (3),
 the requirements for the      for potatoes in any   paragraph (4) will
 grade: Provided, That         lot which fail to     be redesignated as
 included in this tolerance    meet the              paragraph (3).
 not more than the following   requirements for      Based on the
 percentages shall be          the grade:            harmonizing of the
 allowed for the defects       Provided, That        U.S. and Canadian
 listed:                       included in this      standards it is
(i) 6 percent for external     tolerance not more    being proposed that
 defects;.                     than the following    the 3 percent
(ii) 6 percent for internal    percentages shall     restrictive
 defects; or,.                 be allowed for the    tolerance for
(iii) 3 percent for potatoes   defects listed:.      freezing, southern
 which are affected by        (i) 6 percent for      bacterial wilt,
 freezing, southern            external defects;.    ring rot, late
 bacterial wilt, ring rot,    (ii) 6 percent for     blight, soft rot or
 late blight, soft rot or      internal defects;.    wet breakdown be
 wet breakdown, including     (iii) Including        deleted. Also, the
 therein not more than 1       therein not more      proposed
 percent for potatoes which    than 1 percent        establishment of an
 are frozen or affected by     which are frozen or   ``En Route or At
 soft rot or wet breakdown.    affected by soft      Destination''
 See Sec.   51.1547.           rot or wet            tolerance to the
                               breakdown.            U.S. No. 2 grade
                              En route or at         will be consistent
                               Destination: A        with similar
                               total of 12 percent   standards.
                               for potatoes in any
                               lot which fail to
                               meet the
                               requirements for
                               the grade:
                               Provided, That
                               included in this
                               tolerance not more
                               than the following
                               percentages shall
                               be allowed for the
                               defects listed:.
                              (i) 8 percent for
                               external defects;.
                              (ii) 8 percent for
                               internal defects;.
                              (iii) Including
                               therein not more
                               than 2 percent for
                               potatoes which are
                               frozen or affected
                               by soft rot or wet
                               breakdown.
Sec.   51.1564 External       Damage: When removal  Adding specific
 Defects.                      causes a loss of      scoring criteria,
AIR CRACKS..................   more than 5 percent   as currently
Damage: When materially        of the total weight   defined in the
 detracting from appearance    of the potato or      inspection
 of potato.                    when the air          instructions, for
Serious Damage: When           crack(s) affects      materially and
 seriously detracting from     more than \1/3\ the   seriously
 appearance of potato.         length or diameter    detracting would
                               of the potato         provide an
                               (whichever is         objective means of
                               greater) in the       evaluating this
                               aggregate.            defect.
                              Serious Damage: When
                               removal causes a
                               loss of more than
                               10 percent of the
                               total weight of the
                               potato or when the
                               air crack(s)
                               affects more than
                               \3/4\ the length or
                               diameter of the
                               potato (whichever
                               is greater) in the
                               aggregate.
BRUISES.....................  BRUISES (not          Revising the scoring
Damage: When materially        including pressure    criteria, as
 detracting from appearance    bruises and sunken    currently defined
 of potato. Or, when removal   discolored areas).    in the inspection
 causes loss of more than 5   Damage: When           instructions, would
 percent of total weight of    materially            provide an
 potato.                       detracting from       objective means of
Serious Damage: When           appearance of         evaluating this
 seriously detracting from     potato or when        defect.
 appearance of potato. Or,     removal causes loss
 when removal causes loss of   of more than 5
 more than 10 percent of       percent of the
 total weight of potato.       total weight of the
                               potato or when the
                               area affected is
                               more than 5 percent
                               of the surface in
                               the aggregate (i.e.
                               \3/4\ inch on a 2\1/
                               2\ inch or 6 oz.
                               potato).
                               Correspondingly
                               lesser or greater
                               areas in smaller or
                               larger potatoes.
                              Serious Damage: When
                               seriously
                               detracting from
                               appearance of
                               potato or when
                               removal causes a
                               loss of more than
                               10 percent of the
                               total weight of the
                               potato or when the
                               area affected is
                               more than 10
                               percent of the
                               surface in the
                               aggregate (i.e. 1\1/
                               4\ inches on a 2\1/
                               2\ inch or 6 oz.
                               potato).
                               Correspondingly
                               lesser or greater
                               areas in smaller or
                               larger potatoes.
                              CUTS
                              Damage: When one      Currently there is
                               smooth cut affects    no specific scoring
                               more than 5 percent   criteria for this
                               of the surface area.  defect in the
                              Serious Damage:        standards. Adding
                               Cut(s) that affect    this to the
                               more than 10          standard, as
                               percent of the        defined in the
                               surface area in the   inspection
                               aggregate or when a   instructions, would
                               single side cut       provide an
                               extends beyond \1/    objective means of
                               2\ the length of      evaluating this
                               the potato.           defect.
                              ELEPHANT HIDE
                              Damage: When          Currently there is
                               affecting over 10     no specific scoring
                               percent of the        criteria for this
                               surface area of the   defect in the
                               potato.               standards. Adding
                              Serious Damage: When   this to the
                               affecting over 25     standard, as
                               percent of the        defined in the
                               surface area.         inspection
                                                     instructions, would
                                                     provide an
                                                     objective means of
                                                     evaluating this
                                                     defect.

[[Page 55361]]

 
EXTERNAL DISCOLORATION......  Areas that are light  Adding specific
Damage: When materially        tan or lighter in     scoring criteria,
 detracting from appearance    color and blends      as currently
 of potato.                    should be ignored.    defined in the
Serious Damage: When          Damage: When more      inspection
 seriously detracting from     than 30 percent of    instructions, for
 appearance of potato.         the surface is        ``materially'' and
                               affected by light     ``seriously
                               tan or light brown    detracting'' would
                               colors which do not   provide an
                               blend or when more    objective means of
                               than 15 percent of    evaluating this
                               the surface is        defect.
                               affected by colors
                               darker than light
                               tan or light brown.
                              Serious Damage: When
                               more than 60
                               percent of the
                               surface is affected
                               by light tan or
                               light brown colors
                               which do not blend
                               or when more than
                               30 percent of the
                               surface is affected
                               by colors darker
                               than light tan or
                               light brown.
                              FLATTENED OR
                               DEPRESSED AREAS/
                               PRESSURE BRUISES
                              Damage: When removal  Currently there is
                               of underlying         no specific scoring
                               discolored flesh      criteria for this
                               causes a loss of      defect in the
                               more than 5 percent   standards. Adding
                               of the total weight   this to the
                               of the potato or      standard, as
                               when the flattened    defined in the
                               or depressed          inspection
                               area(s) covers more   instructions, would
                               surface area than     provide an
                               allowed in Table      objective means of
                               IV. (See Table IV.)   evaluating this
                              Serious Damage: When   defect.
                               removal of
                               underlying
                               discolored flesh
                               causes a loss of
                               more than 10
                               percent of the
                               weight of the
                               potato or when the
                               flattened depressed
                               area(s) covers more
                               surface area than
                               allowed in the
                               Table IV. (See
                               Table IV.).
FLEA BEATLE INJURY
Damage: When materially       Damage: When removal  Adding specific
 detracting from appearance    causes a loss of      scoring criteria,
 of potato. Or, when removal   more than 5 percent   as currently
 causes loss of more than 5    of the total weight   defined in the
 percent of total weight of    of the potato or      inspection
 potato.                       when the area         instructions, for
Serious Damage: When           affected is more      ``materially'' and
 seriously detracting from     than 5 percent of     ``seriously
 appearance of potato. Or,     the surface in the    detracting'' would
 when removal causes loss of   aggregate.            provide an
 more than 10 percent of      Serious Damage: When   objective means of
 total weight of potato.       removal causes a      evaluating this
                               loss of more than     defect.
                               10 percent of the
                               weight of the
                               potato or when the
                               area affected is
                               more than 10
                               percent of the
                               surface in the
                               aggregate.
GREENING
Damage: When materially       Damage: When removal  Adding specific
 detracting from appearance    causes a loss of      scoring criteria,
 of potato. Or, when removal   more than 5 percent   as currently
 causes loss of more than 5    of the total weight   defined in the
 percent of total weight of    of the potato or      inspection
 potato.                       when green color      instructions, for
Serious Damage: When           affects more than     ``materially'' and
 seriously detracting from     25 percent of the     ``seriously
 appearance of potato. Or,     surface in the        detracting'' would
 when removal causes loss of   aggregate.            provide an
 more than 10 percent of      Serious Damage: When   objective means of
 total weight of potato.       removal causes a      evaluating this
                               loss of more than     defect.
                               10 percent of the
                               weight of the
                               potato or when the
                               green color affects
                               more than 50
                               percent of the
                               surface in the
                               aggregate.
GROWTH CRACKS
Damage: When materially       Damage: When the      Adding specific
 detracting from appearance    growth crack(s)       scoring criteria,
 of potato.                    affects more than     as currently
Serious Damage: When           \1/2\ the length of   defined in the
 seriously detracting from     the potato in the     inspection
 appearance of potato.         aggregate on round    instructions, for
                               varieties or more     ``materially'' and
                               than \1/3\ the        ``seriously
                               length in the         detracting'' would
                               aggregate on long     provide an
                               varieties or when     objective means of
                               the depth is          evaluating this
                               greater than that     defect.
                               as outlined in
                               Table V. (See Table
                               V.)
                              Serious Damage: When
                               the growth crack(s)
                               affects more than
                               \3/4\ the length of
                               the potato in the
                               aggregate or when
                               the depth is
                               greater than that
                               as outlined in
                               Table V. (See Table
                               V.).
                              GRUB DAMAGE.........

[[Page 55362]]

 
                              Damage: When removal  Currently there is
                               causes a loss of      no specific scoring
                               more than 5 percent   criteria for this
                               of the total weight   defect in the
                               of the potato or      standards. Adding
                               when affecting more   this to the
                               than 5 percent of     standard, as
                               the surface area      defined in the
                               (i.e. more than \3/   inspection
                               4\ inch on a 2\1/2\   instructions, would
                               inch or 6 ounce       provide an
                               potato).              objective means of
                               Correspondingly       evaluating this
                               lesser or greater     defect.
                               areas in smaller or
                               larger potatoes.
                              Serious Damage: When
                               removal causes a
                               loss of more than
                               10 percent of the
                               total weight of the
                               potato or when
                               affecting more than
                               10 percent of the
                               surface area (i.e.
                               more than \3/4\
                               inch on a 2\1/2\
                               inch or 6 ounce
                               potato).
                               Correspondingly
                               lesser or greater
                               areas in smaller or
                               larger potatoes.
                              NEMATODE (ROOT KNOT)
                              Damage: When removal  Currently there is
                               causes a loss of      no specific scoring
                               more than 5 percent   criteria for this
                               of the total weight   defect in the
                               of the potato.        standards. Adding
                              Serious Damage: When   this to the
                               removal causes a      standard, as
                               loss of more than     defined in the
                               10 percent of the     inspection
                               total weight of the   instructions, would
                               potato.               provide an
                                                     objective means of
                                                     evaluating this
                                                     defect.
RHIZOCTONIA (BLACK SCURF)
Damage: When materially       Damage: When          Adding specific
 detracting from appearance    affecting more than   scoring criteria,
 of potato.                    15 percent of the     as currently
Serious Damage: When           surface in the        defined in the
 seriously detracting from     aggregate.            inspection
 appearance of potato.        Serious Damage: When   instructions, for
                               affecting more than   ``materially'' and
                               50 percent of the     ``seriously
                               surface in the        detracting'' would
                               aggregate..           provide an
                                                     objective means of
                                                     evaluating this
                                                     defect.
                              RODENT AND BIRD
                               DAMAGE
                              Damage: When removal  Currently there is
                               causes a loss of      no specific scoring
                               more than 5 percent   criteria for this
                               of the total weight   defect in the
                               of the potato or      standards. Adding
                               when affecting more   this to the
                               than 5 percent of     standard, as
                               the surface area      defined in the
                               (i.e. more than \3/   inspection
                               4\ inch on a 2\1/2\   instructions, would
                               inch or 6 ounce       provide an
                               potato).              objective means of
                               Correspondingly       evaluating this
                               lesser or greater     defect.
                               areas in smaller or
                               larger potatoes.
                              Serious Damage: When
                               removal causes a
                               loss of more than
                               10 percent of the
                               total weight of the
                               potato or when
                               affecting more than
                               10 percent of the
                               surface area (i.e.
                               more than \3/4\
                               inch on a 2\1/2\
                               inch or 6 ounce
                               potato).
                               Correspondingly
                               lesser or greater
                               areas in smaller or
                               larger potatoes.
                              RUSSETING (On Non
                               Russet Type).
                              Damage: When more     Currently there is
                               than 50 percent of    no specific scoring
                               the surface is        criteria for this
                               affected in the       defect in the
                               aggregate.            standards. Adding
                              Serious Damage: N/A.   this to the
                                                     standard, as
                                                     defined in the
                                                     inspection
                                                     instruction, would
                                                     provide an
                                                     objective means of
                                                     evaluating this
                                                     defect.
SCAB, PITTED
Damage: When materially       Damage: When removal  Adding specific
 detracting from appearance    causes a loss of      scoring criteria,
 of potato. Or, when removal   more than 5 percent   as currently
 causes loss of more than 5    of the total weight   defined in the
 percent of total weight of    of the potato or      inspection
 potato.                       when scab affects     instructions, for
Serious Damage: When           an aggregate area     ``materially'' and
 seriously detracting from     of more than \1/2\    ``seriously
 appearance of potato. Or,     inch (based on a      detracting'' would
 when removal causes loss of   potato 2\1/2\         provide an
 more than 10 percent of       inches in diameter    objective means of
 total weight of potato.       or 6 oz. in           evaluating this
                               weight).              defect.
                               Correspondingly
                               lesser or greater
                               areas in smaller or
                               larger potatoes.
                              Serious Damage: When
                               the removal causes
                               a loss of more than
                               10 percent of the
                               total weight of the
                               potato or when scab
                               affects an
                               aggregate area of
                               more than 1 inch
                               (based on a potato
                               2\1/2\ inches in
                               diameter or 6 oz.
                               in weight).
                               Correspondingly
                               lesser or greater
                               areas in smaller or
                               larger potatoes.
SCAB, RUSSET
Damage: When materially       Damage: When smooth   Adding specific
 detracting from appearance    russeting affects     scoring criteria,
 of potato.                    more than \1/3\ of    as currently
Serious Damage: When           the surface or when   defined in the
 seriously detracting from     rough russet scab     inspection
 appearance of potato.         affects more than     instruction, for
                               10 percent of the     ``materially'' and
                               surface in the        ``seriously
                               aggregate.            detracting'' would
                              Serious Damage: When   provide an
                               rough russeting       objective means of
                               affects more than     evaluating this
                               25 percent of the     defect.
                               surface in the
                               aggregate.

[[Page 55363]]

 
SCAB, SURFACE
Damage: When more than 5      Damage: When more     Adding aggregate to
 percent of surface affected.  than 5 percent of     the scoring guide
Serious Damage: When more      the surface in the    will clarify the
 than 25 percent of surface    aggregate is          guide.
 affected.                     affected.
                              Serious Damage: When
                               more than 25
                               percent of the
                               surface in the
                               aggregate is
                               affected.
                              SILVER SCURF
                              Damage: When          Currently there is
                               affecting more than   no specific scoring
                               50 percent of the     criteria for this
                               surface area of the   defect in the
                               potato.               standards. Adding
                              Serious Damage: When   this to the
                               its severity causes   standard, as
                               a wrinkling of the    defined in the
                               skin over more than   inspection
                               50 percent of the     instructions, would
                               surface.              provide an
                                                     objective means of
                                                     evaluating this
                                                     defect.
SPROUTS
Damage: When more than 10     Damage: Not more      Based on the request
 percent of the potatoes in    than 5 percent of     of the committee it
 any lot have any sprout       the potatoes in a     is being proposed
 more than \3/4\ inch in       lot may have          that the scoring
 length or have individual     individual or         guide be revised.
 sprouts or cluster of         clusters of sprouts
 sprouts which materially      not more than \1/4\
 detract from the appearance   inch at shipping
 of the potato.                point and \1/2\
                               inch at destination.
                              Serious Damage: Not
                               more than 10
                               percent of the
                               potatoes in a lot
                               may have individual
                               or clusters of
                               sprouts not more
                               than \1/2\ inch at
                               shipping point and
                               1 inch at
                               destination.
                              SUNKEN DISCOLORED     Currently there is
                               AREAS                 no specific scoring
                              SEE TABLE VI........   criteria for this
                                                     defect in the
                                                     standards. Adding
                                                     this to the
                                                     standard, as
                                                     defined in the
                                                     inspection
                                                     instructions, would
                                                     provide an
                                                     objective means of
                                                     evaluating this
                                                     defect.
                              SURFACE CRACKS Areas  Currently there is
                               affected by fine      no specific scoring
                               net-like cracking     criteria for this
                               should be ignored.    defect in the
                              Damage: When smooth    standards. Adding
                               shallow cracking      this to the
                               affects more than     standard, as
                               \1/3\ of the          defined in the
                               surface or when       inspection
                               rough deep cracking   instructions, would
                               affects more than 5   provide an
                               percent of the        objective means of
                               surface.              evaluating this
                              Serious Damage: When   defect.
                               rough deep cracking
                               affects more than
                               10 percent of the
                               surface.
WIREWORM OR GRASS DAMAGE
Damage: When any hole in a    Damage: When          Based on the request
 potato 2\1/2\ inches in       affecting the flesh   of the committee it
 diameter or 6 ounces in       of the potato and     is being proposed
 weight is more than \3/4\     removal causes a      that the scoring
 inch long, or when the        loss of more than 5   guide be revised.
 aggregate length of all       percent of the
 holes is more than 1\1/4\     total weight of the
 inches, or correspondingly    potato.
 shorter or longer holes in   Serious Damage: When
 smaller or larger potatoes.   affecting the flesh
Serious Damage: When any       of the potato and
 hole in a potato 2\1/2\       removal causes a
 inches in diameter or 6       loss of more than
 ounces in weight is more      10 percent of the
 than 1\1/2\ inches long, or   total weight of the
 when the aggregate length     potato.
 of all holes is more than 2
 inches, or correspondingly
 shorter or longer holes in
 smaller or larger potatoes.
INTERNAL BLACK SPOT
Damage: Maximum Allowed 5     Damage: When the      AMS is proposing to
 percent waste.                spot(s) are darker    implement color
Serious Damage: Maximum        than the official     chip POT-CC-2 into
 Allowed 10 percent waste.     color chip (POT-CC-   the scoring
                               2) after removing 5   criteria for
                               percent of the        internal black
                               total weight of the   spot. AMS developed
                               potato.               this color chip at
                              Serious Damage: When   the request of the
                               the spot(s) are       industry to assist
                               darker than the       in the scoring of
                               official color chip   this defect. POT-CC-
                               (POT-CC-2) after      2 is available for
                               removing 10 percent   review at the Fresh
                               of the total weight   Products Branch,
                               of the potato.        Fruit and Vegetable
                                                     Programs, AMS,
                                                     South Building,
                                                     Washington, DC or
                                                     any of the Fresh
                                                     Product Branch
                                                     Field offices.
------------------------------------------------------------------------

List of Subjects in 7 CFR Part 51

    Agricultural commodities, Food grades and standards, Fruits, Nuts, 
Reporting and recordkeeping requirements, Trees, Vegetables.
    For reasons set forth in the preamble, 7 CFR part 51 is proposed to 
be amended as follows:

PART 51--[AMENDED]

    1. The authority citation for part 51 continues to read as follows:

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


Sec.  51.1540  [Removed and reserved]

    2. Remove and reserve Sec.  51.1540.


Sec.  51.1544  [Removed and reserved]

    3. Remove and reserve Sec.  51.1544 .


Sec.  51.1545  [Amended]

    4. In Sec.  51.1545, Table I is revised to read as follows:


Sec.  51.1545  Size.

* * * * *

[[Page 55364]]



                                                     Table I
----------------------------------------------------------------------------------------------------------------
                                                               Minimum diameter \1\ or   Maximum diameter \1\ or
                                                                       weight                    weight
                      Size designation                       ---------------------------------------------------
                                                                 Inches       Ounces       Inches       Ounces
----------------------------------------------------------------------------------------------------------------
 Creamer....................................................        \3/4\        (\3\)       1\5/8\        (\3\)
Chef........................................................       2\3/4\            8       4\1/2\           28
Size A\2\...................................................       1\7/8\        (\3\)        (\3\)        (\3\)
Size B......................................................       1\1/2\        (\3\)       2\1/4\        (\3\)
Small.......................................................       1\3/4\        (\3\)       2\1/2\            6
Medium......................................................       2\1/4\            5       3\1/4\           10
Large.......................................................            3           10       4\1/2\           28
----------------------------------------------------------------------------------------------------------------
\1\ Diameter means the greatest dimension at right angles to the longitudinal axis, without regard to the
  position of the stem end.
\2\ In addition to the minimum size specified, a lot of potatoes designated as Size A shall contain at least 40
  percent of potatoes which are 2\1/2\ inches in diameter or larger or 6 ounces in weight or larger.
\3\ No requirement.

* * * * *


Sec.  51.1546  [Amended]

    5. In Sec.  51.1546, paragraph (a) is revised to read as follows:


Sec.  51.1546  Tolerances.

* * * * *
    (a) For defects--(1) U.S. No. 1 at shipping point. A total of 8 
percent for potatoes in any lot which fail to meet the requirements for 
the grade: Provided, That included in this tolerance not more than the 
following percentages shall be allowed for the defects listed:
    (i) 5 percent for external defects;
    (ii) 5 percent for internal defects;
    (iii) Including therein not more than 1 percent for potatoes which 
are frozen or affected by soft rot or wet breakdown.
    (2) En route or at destination. A total of 10 percent for potatoes 
in any lot which fail to meet the requirements for the grade: Provided, 
That included in this tolerance not more than the following percentages 
shall be allowed for the defects listed:
    (i) 7 percent for external defects;
    (ii) 7 percent for internal defects;
    (iii) Including therein not more than 2 percent for potatoes which 
are frozen or affected by soft rot or wet breakdown. See Sec.  51.1547.
    (3) U.S. commercial. A total of 20 percent for potatoes in any lot 
which fail to meet the requirements for the grade: Provided, That 
included in this tolerance not more than the following percentages 
shall be allowed for the defects listed:
    (i) 10 percent for potatoes which fail to meet the requirements for 
U.S. No. 2 grade, including therein not more than:
    (ii) 6 percent for external defects;
    (iii) 6 percent for internal defects; or,
    (iv) Including therein not more than 1 percent for potatoes which 
are frozen or affected by soft rot or wet breakdown. See Sec.  51.1547.
    (4) U.S. No. 2 at shipping point: A total of 10 percent for 
potatoes in any lot which fail to meet the requirements for the grade: 
Provided, That included in this tolerance not more than the following 
percentages shall be allowed for the defects listed:
    (i) 6 percent for external defects;
    (ii) 6 percent for internal defects;
    (iii) Including therein not more than 1 percent for potatoes which 
are frozen or affected by soft rot or wet breakdown.
    (5) En route or at destination: A total of 12 percent for potatoes 
in any lot which fail to meet the requirements for the grade: Provided, 
That included in this tolerance not more than the following percentages 
shall be allowed for the defects listed:
    (i) 8 percent for external defects;
    (ii) 8 percent for internal defects;
    (iii) Including therein not more than 2 percent for potatoes which 
are frozen or affected by soft rot or wet breakdown. See Sec.  51.1547.
* * * * *


Sec.  51.1564  [Amended]

    6. In Sec.  51.1564, Table III is revised and a new Table IV, Table 
V, and Table VI are added to read as follows:


Sec.  51.1564  External defects.

* * * * *

                      Table III.--External Defects
------------------------------------------------------------------------
           Defect                    Damage            Serious damage
------------------------------------------------------------------------
Air Cracks..................  When removal causes   When removal causes
                               a loss of more than   a loss of more than
                               5 percent of the      10 percent of the
                               total weight of the   total weight of the
                               potato or when the    potato or when the
                               air crack(s)          air crack(s)
                               affects more than     affects more than
                               \1/3\ the length or   \3/4\ the length or
                               diameter of the       diameter of the
                               potato (whichever     potato (whichever
                               is greater) in the    is greater) in the
                               aggregate.            aggregate.
Artificial Coloring.........  When unsightly or     When concealing a
                               when concealing any   serious defect or
                               defect causing        when penetrating
                               damage or when        into the flesh and
                               penetrating the       removal causes loss
                               flesh and removal     of more than 10
                               causes loss of more   percent of total
                               than 5 percent of     weight of potato.
                               total weight of
                               potato.
Bruises (Not including        When materially       When seriously
 pressure bruise and sunken    detracting from       detracting from
 discolored areas).            appearance of         appearance of
                               potato or when        potato or when
                               removal causes a      removal causes a
                               loss of more than 5   loss of more than
                               percent of the        10 percent of the
                               total weight of the   total weight of the
                               potato or when the    potato or when the
                               area affected is      area affected is
                               more than 5 percent   more than 10
                               of the surface in     percent of the
                               the aggregate (i.e.   surface in the
                               \3/4\ inch on a 2\1/  aggregate (i.e. 1\1/
                               2\ inch or 6 oz.      4\ inches on a 2\1/
                               potato).              2\ inch or 6 oz.
                               Correspondingly       potato).
                               lesser or greater     Correspondingly
                               areas in smaller or   lesser or greater
                               larger potatoes.      areas in smaller or
                                                     larger potatoes.
Cuts........................  When one smooth cut   Cut(s) that affect
                               affects more than 5   more than 10
                               percent of the        percent of the
                               surface area.         surface area in the
                                                     aggregate or when a
                                                     single side cut
                                                     extends beyond \1/
                                                     2\ the length of
                                                     the potato.

[[Page 55365]]

 
Dirt........................  When materially       When seriously
                               detracting from the   detracting from the
                               appearance of the     appearance of the
                               potato.               potato.
Elephant Hide...............  When affecting over   When affecting over
                               10 percent of the     25 percent of the
                               surface area of the   surface area.
                               potato.
Enlarged Lenticels..........  When materially       When seriously
                               detracting from the   detracting from the
                               appearance of the     appearance of the
                               potato.               potato.
External Discoloration        When more than 30     When more than 60
 (Areas that are light tan     percent of the        percent of the
 or lighter in color and       surface is affected   surface is affected
 blends should be ignored.).   by light tan or       by light tan or
                               light brown colors    light brown colors
                               which do not blend    which do not blend
                               or when more than     or when more than
                               15 percent of the     30 percent of the
                               surface is affected   surface is affected
                               by colors darker      by colors darker
                               than light tan or     than light tan or
                               light brown.          light brown.
Flattened or Depressed Areas/ When removal of       When removal of
 Pressure Bruises.             underlying            underlying
                               discolored flesh      discolored flesh
                               causes a loss of      causes a loss of
                               more than 5 percent   more than 10
                               of the total weight   percent of the
                               of the potato or      weight of the
                               when the flattened    potato or when the
                               or depressed          flattened depressed
                               area(s) covers more   area(s) covers more
                               surface area than     surface area than
                               allowed in Table      allowed in the
                               IV. (See Table IV.).  Table IV. (See
                                                     Table IV.)
Flea Beetle Injury..........  When materially       When seriously
                               detracting from the   detracting from the
                               appearance or when    appearance of the
                               removal causes a      potato or when
                               loss of more than 5   removal causes a
                               percent of the        loss of more than
                               total weight of the   10 percent of the
                               potato or when the    weight of the
                               area affected is      potato or when the
                               more than 5 percent   area affected is
                               of the surface in     more than 10
                               the aggregate.        percent of the
                                                     surface in the
                                                     aggregate.
Greening....................  When removal causes   When removal causes
                               a loss of more than   a loss of more than
                               5 percent of the      10 percent of the
                               total weight of the   weight of the
                               potato or when        potato or when
                               green color affects   green color affects
                               more than 25          more than 50
                               percent of the        percent of the
                               surface in the        surface in the
                               aggregate.            aggregate.
Growth Cracks...............  When the growth       When the growth
                               crack(s) affects      crack(s) affects
                               more than \1/2\ the   more than \3/4\ the
                               length of the         length of the
                               potato in the         potato in the
                               aggregate on round    aggregate or when
                               varieties or more     the depth is
                               than \1/3\ the        greater than that
                               length in the         as outlined in
                               aggregate on long     Table V. (See Table
                               varieties; or, when   V.)
                               the depth is
                               greater than that
                               as outlined in
                               Table V. (See Table
                               V.).
Grub Damage.................  When removal causes   When removal causes
                               a loss of more than   a loss of more than
                               5 percent of the      10 percent of the
                               total weight of the   total weight of the
                               potato or when        potato or when
                               affecting more than   affecting more than
                               5 percent of the      10 percent of the
                               surface area (i.e.    surface area (i.e.
                               more than \3/4\       more than \3/4\
                               inch on a 2\1/2\      inch on a 2\1/2\
                               inch or 6 ounce       inch or 6 ounce
                               potato).              potato).
                               Correspondingly       Correspondingly
                               lesser or greater     lesser or greater
                               areas in smaller or   areas in smaller or
                               larger potatoes.      larger potatoes.
Insects or Worms............  (See Serious          When present inside
                               Damage.).             the potato.
Nematode (Root Knot)........  When removal causes   When removal causes
                               loss of more than 5   loss of more than
                               percent of total      10 percent of total
                               weight of potato.     weight of potato.
Rhizoctonia.................  When affecting more   When affecting more
                               than 15 percent of    than 50 percent of
                               the surface in the    the surface in the
                               aggregate.            aggregate.
Rodent or Bird Damage.......  When removal causes   When removal causes
                               a loss of more than   a loss of more than
                               5 percent of the      10 percent of the
                               total weight of the   total weight of the
                               potato or when        potato or when
                               affecting more than   affecting more than
                               5 percent of the      10 percent of the
                               surface area (i.e.    surface area (i.e.
                               more than\3/4\ inch   more than \3/4\
                               on a 2\1/2\ inch or   inch on a 2\1/2\
                               6 ounce potato).      inch or 6 ounce
                               Correspondingly       potato).
                               lesser or greater     Correspondingly
                               areas in smaller or   lesser or greater
                               larger potatoes.      areas in smaller or
                                                     larger potatoes.
Russeting (On Non Russet      When more than 50     N/A
 Type).                        percent of the
                               surface is affected
                               in the aggregate.
Scab, Pitted................  When removal causes   When the removal
                               a loss of more than   causes a loss of
                               5 percent of the      more than 10
                               total weight of the   percent of the
                               potato or when scab   total weight of the
                               affects an            potato or when scab
                               aggregate area of     affects an
                               more than \1/2\       aggregate area of
                               inch. (Based on a     more than 1 inch.
                               potato 2\1/2\         (Based on a potato
                               inches in diameter    2\1/2\ inches in
                               or 6 oz. in           diameter or 6 oz.
                               weight.)              in weight.)
                               Correspondingly       Correspondingly
                               lesser or greater     lesser or greater
                               areas in smaller or   areas in smaller or
                               larger potatoes.      larger potatoes.
Scab, Russet................  Smooth and affecting  Rough and affecting
                               more than \1/3\ of    more than 25
                               the surface or        percent of the
                               rough russet scab     surface in the
                               which affects more    aggregate.
                               than 10 percent of
                               the surface in the
                               aggregate.
Scab, Surface...............  When more than 5      When more than 25
                               percent of the        percent of the
                               surface in the        surface in the
                               aggregate is          aggregate is
                               affected.             affected.
Second Growth...............  When materially       When seriously
                               detracting from the   detracting from the
                               appearance of the     appearance of the
                               potato.               potato.
Silver Scurf................  When affecting more   When its severity
                               than 50 percent of    causes a wrinkling
                               the surface area of   of the skin over
                               the potato.           more than 50
                                                     percent of the
                                                     surface.
Sprouts.....................  Not more than 5       Not more than 10
                               percent of the        percent of the
                               potatoes in a lot     potatoes in a lot
                               may have individual   may have individual
                               or clusters of        or clusters of
                               sprouts not more      sprouts not more
                               than \1/4\ inch at    than \1/2\ inch at
                               shipping point and    shipping point and
                               \1/2\ inch at         1 inch at
                               destination.          destination.
Sunburn.....................  When removal causes   When removal causes
                               loss of more than 5   loss of more than
                               percent of total      10 percent of total
                               weight of potato.     weight of potato.
Sunken Discolored Areas.....  See Table VI........  See Table VI.

[[Page 55366]]

 
Surface Cracks (Areas         When smooth shallow   When rough deep
 affected by fine net-like     cracking affects      cracking affects
 cracking should be ignored).  more than \1/3\ of    more than 10
                               the surface or when   percent of the
                               rough deep cracking   surface.
                               affects more than 5
                               percent of the
                               surface.
Wireworm or Grass Damage....  When affecting the    When affecting the
                               flesh of the potato   flesh of the potato
                               and removal causes    and removal causes
                               loss of more than 5   loss of more than
                               percent of total      10 percent of total
                               weight of potato.     weight of potato.
------------------------------------------------------------------------
The following defects are considered serious damage when present in any
  degree: 1. Freezing. 2. Late blight. 3. Ring rot. 4. Southern
  bacterial wilt. 5. Soft rot. 6. Wet breakdown.


                 Table IV.--Flattened or Depressed Areas--Pressure Bruises Maximum Area Allowed
----------------------------------------------------------------------------------------------------------------
               Diameter                         Weight           No. 1 (aggregate area)   No. 2 (aggregate area)
----------------------------------------------------------------------------------------------------------------
Potato is:                             Potato is:               Not more than:           Not more than:
    Less than 2 in...................     Less than 4 oz......     \1/2\ in............     1 in.
    2 to 2\1/2\ in...................     4 to 6 oz...........     1 in................     1\1/2\ in.
    More than 2\1/2\ to 3 in.........     More than 6 to 8 oz.     1\1/4\ in...........     1\3/4\ in.
    More than 3 to 3\1/2\ in.........     More than 8 to 14 oz     1\1/2\ in...........     1\7/8\ in.
    More than 3\1/2\ to 4 in.........     More than 14 to 20       1\3/4\ in...........     2 in.
                                           oz.
    More than 4 to 4\1/2\ in.........     More than 20 to 28       2 in................     2\1/4\ in.
                                           oz.
    More than 4\1/2\ to 5 in.........     More than 28 to 36       2\1/4\ in...........     2\3/4\ in.
                                           oz.
    More than 5 in...................     More than 36 oz.....     2\1/2\ in...........     3\1/4\ in.
----------------------------------------------------------------------------------------------------------------


                                    Table V.--Depth Allowed for Growth Cracks
----------------------------------------------------------------------------------------------------------------
               Diameter                         Weight               No. 1  (depth)           No. 2  (depth)
----------------------------------------------------------------------------------------------------------------
Potato is:                             Potato is:               Not more than:           Not more than:
    Less than 2 in...................     Less than 4 oz......     \1/8\ in............     \1/4\ in.
    2 to 2\1/2\ in...................     4 oz to 6 oz........     \1/4\ in............     \3/8\ in.
    More than 2\1/2\ to 3 in.........     More than 6 oz to 8      \3/8\ in............     \1/2\ in.
                                           oz.
    More than 3 in...................     More than 8 oz......     \1/2\ in............     \5/8\ in.
----------------------------------------------------------------------------------------------------------------


                             Table VI.--Sunken Discolored Areas Maximum Area Allowed
----------------------------------------------------------------------------------------------------------------
               Diameter                         Weight          No. 1  (aggregate area)  No. 2  (aggregate area)
----------------------------------------------------------------------------------------------------------------
Potato is:                             Potato is:               Not more than:           Not more than:
    Less than 2 in...................     Less than 4 oz......     \3/8\ in............     \3/4\ in.
    2 to 2\1/2\ in...................     4 to 6 oz...........     \3/4\ in............     1 in.
    More than 2\1/2\ to 3 in.........     More than 6 to 8 oz.     1 in................     1\1/4\ in.
    More than 3 to 3\1/2\ in.........     More than 8 to 14 oz     1\1/4\ in...........     1\1/2\ in.
    More than 3\1/2\ to 4 in.........     More than 14 to 20       1\1/2\ in...........     1\3/4\ in.
                                           oz.
    More than 4 to 4\1/2\ in.........     More than 20 to 28       1\3/4\ in...........     2 in.
                                           oz.
    More than 4\1/2\ to 5 in.........     More than 28 to 36       2 in................     2\1/4\ in.
                                           oz.
    More than 5 in...................     More than 36 oz.....     2\1/4\ in...........     2\1/2\ in.
----------------------------------------------------------------------------------------------------------------

    7. In Sec.  51.1565, Table IV is redesignated as Table I and 
revised to read as follows:


Sec.  51.1565  Internal defects.

* * * * *

                       Table I.--Internal Defects
------------------------------------------------------------------------
                                 Damage  maximum       Serious damage
           Defects                   allowed           maximum allowed
------------------------------------------------------------------------
   Occurring outside of or not entirely confined to the vascular ring
------------------------------------------------------------------------
Ingrown Sprouts, Internal     5 percent waste.....  10 percent waste.
 Discoloration, Vascular
 Browning, Fusarium Wilt,
 Net Necrosis, Other
 Necrosis, Stem End Browning

[[Page 55367]]

 
Internal Black Spot.........  When the spot(s) are  When the spot(s) are
                               darker than the       darker than the
                               official color chip   official color chip
                               (POT-CC-2) after      (POT-CC-2) after
                               removing 5 percent    removing 10 percent
                               of the total weight   of the total weight
                               of the potato.        of the potato.
------------------------------------------------------------------------
               Occurring entirely within the vascular ring
------------------------------------------------------------------------
Hollow Heart or Hollow Heart  Area affected not to  Area affected not to
 with Discoloration.           exceed that of a      exceed that of a
                               circle \1/2\ inch     circle \3/4\ inch
                               in diameter in a      in diameter in a
                               potato 2\1/2\         potato 2\1/2\
                               inches in diameter    inches in diameter
                               or 6 ounces in        or 6 ounces in
                               weight.\1\            weight.\1\
Light Brown Discoloration     Area affected not to  Area affected not to
 (Brown Center).               exceed that of a      exceed that of a
                               circle \1/2\ inch     circle \3/4\ inch
                               in diameter in a      in diameter in a
                               potato 2\1/2\         potato 2\1/2\
                               inches in diameter    inches in diameter
                               or 6 ounces in        or 6 ounces in
                               weight.\1\            weight.\1\
Internal Brown Spot and       Not more than the     Not more than the
 Similar Discoloration (Heat   equivalent of 3       equivalent of 6
 Necrosis).                    scattered spots \1/   scattered spots \1/
                               8\ inch in diameter   8\ inch in diameter
                               in a potato 2\1/2\    in a potato 2\1/2\
                               inches in diameter    inches in diameter
                               or 6 ounces in        or 6 ounces in
                               weight.\1\            weight.\1\
------------------------------------------------------------------------
\1\ Note: Correspondingly lesser or greater areas in smaller or larger
  potatoes.


    Dated: September 14, 2006.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. 06-7819 Filed 9-21-06; 8:45 am]
BILLING CODE 3410-02-M