Unknown. Final rule
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/register/2003/08/22/03-21547·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2003-08-22.xml --- 68 162 Friday, August 22, 2003 Contents Agency Agency for Toxic Substances and Disease Registry NOTICES Committees; establishment, renewal, termination, etc.: Scientific Counselors Board, 50775 03-21511 Agricultural Agricultural Marketing Service RULES Milk marketing orders: Upper Midwest, 50686-50687 03-21530 Pistachio nuts in shell and shelled; grade standards, 50681-50686 03-21547 NOTICES Agency information collection activities; proposals, submissions, and approvals, 50742 03-21531 Agricultural Agricultural Research Service NOTICES Meetings:
Biotechnology and 21st Century Agriculture Advisory Committee, 50742-50743 03-21484 Agriculture Agriculture Department See Agricultural Marketing Service See Agricultural Research Service See Farm Service Agency See Food Safety and Inspection Service See Forest Service See Natural Resources Conservation Service Air Force Air Force Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 03-21479 50760-50761 03-21480 03-21481 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 50775-50779 03-21515 03-21516 03-21517 Grants and cooperative agreements; availability, etc.:
Injury Control Research Centers, 50778-50782 03-21514 Meetings: Public Health Service Activities and Research at DOE Sites Citizens Advisory Committee, 50782-50783 03-21512 Scientific Counselors Board, 50783 03-21510 Vessel sanitation program: Cruise ship sanitation inspections; fees, 50783-50784 03-21513 Centers Centers for Medicare & Medicaid Services RULES Medicare: Cost reports; electronic submission, 50717-50722 03-21441 Medicare+Choice program; managed care provisions, 50839-50859 03-20995 Standards and certification:
Laboratory requirements— Medicare, Medicaid, and CLIA programs; quality systems and certain personnel qualifications; correction, 50722-50725 03-21549 PROPOSED RULES Medicare: Respiratory assist devices with bi-level capacity and back-up rate; payment, 50735-50739 03-21443 NOTICES Agency information collection activities; proposals, submissions, and approvals, 50784 03-21482 Grants and cooperative agreements; availability, etc.: Medicare— State Children's Health Insurance Program; allotments to States, District of Columbia, and U.S. territories and commonwealths, 50784-50790 03-21439 Medicaid:
State allotments for payment of Medicare Part B premiums for qualifying individuals (2002 FY), 50790-50793 03-21440 Meetings: Medicare Education Advisory Panel, 50793-50794 03-21438 Practicing Physicians Advisory Council, 50794-50795 03-21442 Privacy Act: Systems of records, 50795-50804 03-21444 Coast Guard Coast Guard RULES Ports and waterways safety: Suisun Bay, CA; security zone, 50711-50713 03-21486 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 50748-50750 03-21562 03-21563 CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles:
Indonesia, 50755-50756 03-21557 Nepal, 50756 03-21558 Customs Customs and Border Protection Bureau RULES Air commerce: User fee airports, 50697-50698 03-21576 Drawback: Manufacturing substitution drawback; duty apportionment, 50700-50703 03-21575 Public international organizations, designated; list update, 50698-50700 03-21577 PROPOSED RULES Merchandise entry: Anticounterfeiting Consumer Protection Act; Customs entry documentation; withdrawn, 50733-50734 03-21574 Defense Defense Department See Air Force Department PROPOSED RULES Munitions Response Site Prioritization Protocol, 50899-50941 03-21013 NOTICES Environmental statements; availability, etc.:
Airborne Laser Program, 50756-50760 03-21478 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 50761-50762 03-21561 Grants and cooperative agreements; availability, etc.: Postsecondary education— Upward Bound Program Participant Expansion Initiative, 50957-50962 03-21582 03-21583 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 50809-50810 03-21248 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Meetings:
Environmental Management Advisory Board, 50762 03-21546 High Energy Physics Advisory Panel, 50762-50763 03-21545 EPA Environmental Protection Agency RULES Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 50714-50717 03-21596 PROPOSED RULES Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 50735 03-21597 NOTICES Committees; establishment, renewal, termination, etc.:
Environmental Laboratory Advisory Board, 50766-50767 03-21599 03-21600 Environmental statements; availability, etc.: Agency statements— Comment availability, 50767-50768 03-21601 Weekly receipts, 50768-50769 03-21602 Meetings: Scientific Counselors Board Executive Committee, 50769 03-21598 Water pollution control: Marine sanitation device standard; petitions— Connecticut, 50769-50770 03-21427 Farm Farm Service Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 03-21490 03-21491 50743-50745 03-21532 FAA Federal Aviation Administration RULES Airworthiness directives:
Piaggio Aero Industries S.p.A., 50693-50696 03-20963 Short Brothers & Harland Ltd., 50689-50693 03-20983 PROPOSED RULES Airworthiness directives: Bombardier, 50729-50731 03-21523 Eurocopter France, 50731-50733 03-21522 Restricted areas; correction, 50838 C3-20772 FCC Federal Communications Commission RULES Radio stations; table of assignments: Washington, 50725 03-21505 Television broadcasting: Cable television systems— Consumer electronics equipment and cable systems; compatibility; effective date, 50725 03-21506 PROPOSED RULES Radio stations; table of assignments:
Oklahoma, 50740-50741 03-21504 Television broadcasting: Public safety services; Channel 16 utilization by New York Police Department and New York Metropolitan Advisory Committee, 50739-50740 03-21507 NOTICES Agency information collection activities; proposals, submissions, and approvals, 50770-50771 03-21503 *Applications, hearings, determinations, etc.:* Zawila, WIlliam L., et al., 50771-50774 03-21508 Federal Election Federal Election Commission RULES Federal Election Campaign Act of 1971; deposition transcripts in nonpublic investigations; policy statement, 50688-50689 03-21543 Federal Energy Federal Energy Regulatory Commission RULES Filing fees; annual update, 50696-50697 03-21551 NOTICES Hydroelectric applications, 50764-50766 03-21502 03-21528 03-21529 *Applications, hearings, determinations, etc.:* Virginia Electric & Power Co. et al., 50763-50764 03-21565 Federal Highway Federal Highway Administration RULES Grants:
Operation of motor vehicles by intoxicated persons; withholding of Federal-aid highway funds, 50703-50710 03-21492 FMC Federal Maritime Commission NOTICES Investigations, hearings, petitions, etc.: National Customs Brokers and Forwarders Association of America, Inc., 50774 03-21580 United Parcel Service, Inc., 50774 03-21581 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 50774-50775 03-21570 Federal Open Market Committee:
Domestic policy directives, 50774 03-21568 Federal Transit Federal Transit Administration NOTICES Environmental statements; notice of intent: Sonoma and Marin Counties, CA; commuter rail project, 50827-50829 03-21604 Fish Fish and Wildlife Service NOTICES Endangered and threatened species and marine mammal permit applications, 50804-50805 03-21488 Food Food and Drug Administration NOTICES Reports and guidance documents; availability, etc.: Nucleic acid testing of pooled plasma; current status authority application; guidance withdrawn, 50804 03-21477 Food Food Safety and Inspection Service RULES Meat and poultry inspection:
Ready-to-eat meat and poultry products; listeria monocytogenes workshops for small and very small plants, 50687-50688 03-21483 Forest Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 50745-50746 03-21579 Environmental statements; notice of intent: Beaverhead and Deerlodge National Forests, MT, 50746 03-20989 Medicine Bow-Routt National Forests, CO, 50746-50747 03-21567 Health Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration NOTICES Meetings:
Bioethics, President's Council, 50775 03-21476 Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.: Facilities to assist homeless— Excess and surplus Federal property, 50861-50898 03-21363 Industry Industry and Security Bureau NOTICES Meetings: Regulations and Procedures Technical Advisory Committee, 50750 03-21526 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service RULES Income taxes:
Tax attributes reduction due to discharge of indebtedness Correction, 50710-50711 03-21469 PROPOSED RULES Income taxes: Statutory stock options Hearing cancellation, 50734 03-21470 NOTICES Meetings: Taxpayer Advocacy Panels, 50836 03-21605 International International Trade Administration NOTICES Antidumping and countervailing duties: Administrative review requests, 50750-50753 03-21578 Committees; establishment, renewal, termination, etc.: District Export Councils, 50753 03-21509 Export trade certificates of review, 03-21559 50754-50755 03-21560 International International Trade Commission NOTICES Import investigations:
U.S.-Dominican Republic Free Trade Agreements; advice concerning probable economic effect, 50808-50809 03-21495 Labor Labor Department See Employment Standards Administration NOTICES Grants and cooperative agreements; availability, etc.: Central America; strengthening labor systems; correction, 50809 03-21554 Moroccan Labor Ministry; strengthening labor capacity; correction, 50809 03-21553 Southern Africa; strengthening labor systems; correction, 50809 03-21552 Land Land Management Bureau NOTICES Environmental statements; availability, etc.:
Pittsburg & Midway Coal Mining Co. Exchange, WY, 50805-50807 03-21636 Minerals Minerals Management Service NOTICES Environmental statements; availability, etc.: Pacific OCS— Oil and gas leases, 50807-50808 03-21496 National Highway National Highway Traffic Safety Administration RULES Grants: Operation of motor vehicles by intoxicated persons; withholding of Federal-aid highway funds, 50703-50710 03-21492 National Science National Science Foundation NOTICES Antarctic Conservation Act of 1978; permit applications, etc., 50810-50811 03-21473 NRCS Natural Resources Conservation Service NOTICES Environmental statements; availability, etc.:
Conrad Creek, OR, 50748 03-21494 East Fork above Lavon Watershed, Trinity Watershed, TX, 50748 03-21493 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: Nuclear power plant operating license renewal; review process, 50811 03-21524 Meetings: Reactor Safeguards Advisory Committee, 50811-50812 03-21525 Personnel Personnel Management Office PROPOSED RULES Intergovernmental Personnel Act Mobility Programs: Federal Government and State, local, and Indian Tribal governments, higher education institutions, etc.; temporary employee assignments, 50726-50727 03-21417 Prevailing rate systems, 50727-50729 03-21415 NOTICES Agency information collection activities; proposals, submissions, and approvals, 50812-50813 03-21416 SEC Securities and Exchange Commission RULES Practice and procedure:
Filing fee account rule adoption, 50953-50955 03-21539 NOTICES Self-regulatory organizations; proposed rule changes: Boston Stock Exchange, Inc., 50813-50819 03-21450 Pacific Exchange, Inc., 50820-50825 03-21540 03-21541 Surface Surface Mining Reclamation and Enforcement Office RULES Permanent program and abandoned mine land reclamation plan submissions: Missouri, 50943-50949 03-21475 PROPOSED RULES Permanent program and abandoned mine land reclamation plan submissions: Missouri, 50949-50951 03-21474 Surface Surface Transportation Board NOTICES Environmental statements; availability, etc.:
Tongue River Railroad Co., 50829-50833 03-21550 Railroad operation, acquisition, construction, etc.: Omaha Public Power District, 50833-50834 03-21298 TVA Tennessee Valley Authority NOTICES Agency information collection activities; proposals, submissions, and approvals, 50825 03-21518 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Toxic Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Surface Transportation Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 50825-50826 03-21487 Meetings:
Electronic Transmission and Storage of Drug Testing Information Federal Advisory Committee, 50826-50827 03-21603 Treasury Treasury Department See Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 50834-50836 03-21536 03-21537 Veterans Veterans Affairs Department NOTICES Privacy Act: Computer matching programs, 50836-50837 03-21566 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 50839-50859 03-20995 Part III Housing and Urban Development Department, 50861-50898 03-21363 Part IV Defense Department, 50899-50941 03-21013 Part V Interior Department, Surface Mining Reclamation and Enforcement Office, 50943-50951 03-21474 03-21475 Part VI Securities and Exchange Commission, 50953-50955 03-21539 Part VII Education Department, 50957-50962 03-21582 03-21583 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 68 163 Friday, August 22, 2003 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 51 [Docket Number FV-98-304] United States Standards for Grades of Pistachio Nuts in the Shell, and United States Standards for Grades of Shelled Pistachio Nuts AGENCY:
Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This rule revises the United States Standards for Grades of Pistachio Nuts in the Shell and the United States Standards for Grades of Shelled Pistachio Nuts. The revisions will modify the standards to more closely align grade names with other tree-nut commodities and current industry-recognized marketing terms, reduce the tolerance for internal defects for the purpose of providing a higher degree of quality assurance, relax tolerances of the level of light stain on the shell in the various grade levels based on consumer preferences, more objectively define when nuts are damaged by various factors, and include two in-shell grade specifications which reflect the industry's byproduct.
These standards are issued under the Agricultural Marketing Act of 1946. These changes will promote greater uniformity and consistency in the standards, as well as provide consistency with current marketing practices. EFFECTIVE DATE: September 22, 2003. FOR FURTHER INFORMATION CONTACT: David L. Priester, Standardization Section, Fresh Products Branch, Fruit and Vegetable Programs, Agricultural Marketing Service, U.S. Department of Agriculture, 1400 Independence Avenue, SW., Room 1661, South Building, STOP 0240, Washington, DC 20250-0240, fax
(202)720-8871, e-mail *David.Priester@usda.gov.* SUPPLEMENTARY INFORMATION: Executive Orders 12988 and 12866 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. The Office of Management and Budget has waived the review process required by Executive Order 12866 for this action. Regulatory Flexibility Act 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 so 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. Available information provided by the California Pistachio Commission
(CPC)show that there are 647 California pistachio producers and 19 California handlers of pistachio nuts, most of which are also growers or have grower members. Additional information provided by CPC show that 445 California pistachio producers (69% of the total) produce less than 100,000 pounds per year; 100 producers (15%) produce more than 100,000 and less than 250,000 pounds; 43 growers (7%) produce more than 250,000 and less than 500,000 pounds; and 59 producers (9%) grow more than 500,000 pounds. U.S. grade standards for pistachios would normally be used at the sales level of marketing, which is ordinarily carried out at the processor/packer level or after processing has been completed. Pistachio nuts may be marketed by multiple commodity marketing firms. The California Department of Food and Agriculture Resource Directory 2002, reports that California accounted for more than 99 percent of domestic pistachio production. More current information available to the Department indicates that California has 97 percent of domestic production with Arizona at 2 percent and New Mexico with less than 1 percent. Small agricultural service firms, which include handlers (packers, brokers, distributors, importers, *etc.* ), have been defined by the Small Business Administration
(SBA)(13 CFR 121.601) as those having annual receipts of less than $5,000,000 and small agricultural producers are defined as those having annual receipts of less than $750,000. The pistachio industry is characterized by growers that produce from .1 to more than 500 acres. Approximately 9 percent of the California pistachio growers receive more than $550,000 annually. Only a portion of these producers would meet SBA's definition of a small agricultural producer. At least 12 of the California pistachio handlers (or 63 percent of the total) could be considered small businesses under SBA's definition. We would expect that similar size determinations would hold for the remainder of domestic production. This rule will: More closely align the grade names with other tree nut commodities and current industry recognized marketing terms, reduce the tolerance for internal defects for the purpose of providing a higher degree of quality assurance to consumers, relax the level of light stain on the shell, more objectively define when nuts are damaged by various factors, and establish two additional grades which reflect the industry's marketing of in-shell byproducts. The benefits of this rule are not expected to be disproportionately greater or smaller for small handlers or producers than for large entities. This action will make the standards more consistent and uniform with current industry terms and practices. This action would not impose substantial direct economic cost, record keeping, or personnel workload changes on small entities, and it would not alter the market share or competitive position of these entities relative to large businesses. USDA has not identified any Federal rules that currently duplicate, overlap, or conflict with this rule. In addition, under the Agricultural Marketing Act of 1946, the use of these standards is voluntary. Alternatives were considered for this action. One alternative would be to not issue a rule. However, the need for revisions have increased as a result of changing marketing characteristics by industry, several years of work with the industry to assess market and grower implications, and other input from all sectors of the pistachio industry and government. Since the purpose of these standards is to expedite the marketing of pistachio nuts in the U.S., not revising the standards would result in disuse of national standards and confusion in terms of industry marketing and the proper application of the grade standards. The proposed rule, the United States Standards for Grades of Pistachio Nuts in the Shell and the United States Standards for Grades of Shelled Pistachio Nuts was published in the **Federal Register** on May 23, 2003 (68 FR 28141). A comment period of thirty days was issued which closed on June 23, 2003. Final Rule and Comments One e-mail comment was received. The commenter stated that the United States Standards for Grades of Pistachio Nuts in the Shell contain a tolerance for “damage by other means,” but do not contain a definition for “damage by other means.” However, “damage by other means” is not a specific defect. This tolerance is provided for all defects that are not specifically covered by other tolerances. Therefore, a definition for “damage by other means” is not necessary. This rule would revise the United States Standards for Grades of Pistachio Nuts in the Shell and the United States Standards for Grades of Shelled Pistachio Nuts that were issued under the Agricultural Marketing Act of 1946. These standards are voluntarily used by industry as a common trading language to market pistachio nuts under established and known specifications. In some transactions, the buyer and seller may establish their own specifications for the sale, use portions of the U.S. standards while altering other portions to fit the sale and needs of the parties, or use the U.S. standards as written. At the time of its 1998 request to AMS, the CPC issued “industry standards” based on the requested changes and encouraged California pistachio nuts to be marketed under those standards. The use of the voluntary “industry standards” for national and international marketing with official certification by USDA inspectors based on these standards has continued for three marketing seasons. The changes herein are based on the standards currently being used by the industry to market U.S. grown pistachio nuts nationally and internationally. Background The United States Standards for Grades of Pistachio Nuts in the Shell and the United States Standards for Grades of Shelled Pistachio Nuts were developed in 1986 and 1990, respectively. At that time, the U.S. pistachio industry was beginning to compete in a global market. As the industry has grown in numbers of growers and processors and in volume, the current grade standards have been regularly used as a basis of marketing. In recent years, foreign and domestic buyers have developed customers that have uses for nuts which have specifications outside the scope of the U.S. grade standards. In addition, U.S. marketers have begun to offer for sale byproduct forms of pistachio nuts for which there are no uniform marketing specifications in the form of recognized grade standards. AMS received a request to update and revise the United States Standards for Grades of Pistachio Nuts in the Shell and the United States Standards for Grades of Shelled Pistachio Nuts from the CPC. The CPC is the State-approved marketing agent for the California pistachio industry and represents nearly all commercial pistachio producers and handlers in California. AMS and its State cooperator in California have been closely working with CPC and its members since 1994 to review and update the industry grade standards. Official inspection services, with these U.S. grade standards as the basis, have been used by the industry since the inception of the standards. Currently, the majority of U.S. pistachio production, and more than 30 percent of worldwide pistachio production, originates from California. The California industry, in cooperation with the CPC, began a comprehensive review of the current standards in 1994. As this process evolved, the industry tested possible revision theories through hands-on testing in the packing plants, through consumer preference studies, and through public meetings with processors, growers and other interested parties. This was initiated in order to review the standards and meet the marketing needs of the U.S. pistachio industry and the preferences of industry buyers and the general public. As a result of this study, the CPC, acting on behalf of California growers and shippers, requested an amendment to the standards. This rule revises the standards to more closely align the grade names with other tree nut commodities and current industry recognized marketing terms, reduce the tolerance for internal defects for the purpose of providing a higher degree of quality assurance to consumers, relax the level of light stain on the shell, more objectively define when nuts are damaged by various factors, and establish two additional grades which reflect the industry's marketing of in-shell byproducts. These changes are intended to update the standards to maintain their usefulness as they are applied to today's marketing challenges, both nationally and internationally. Therefore, AMS amends the United States Standards for Grades of Pistachio Nuts in the Shell and the United States Standards for Grades of Shelled Pistachio Nuts as follows: List of Subjects in 7 CFR Part 51 Agricultural commodities, Food grades and standards, Fruits, Nuts, Reporting and recordkeeping requirements, Trees, Vegetables. PART 51—[AMENDED] For reasons set forth in the preamble, 7 CFR part 51 is amended as follows: 1. The authority citation for part 51 continues to read as follows: Authority: 7 U.S.C. 1621-1627. 2. Section 51.2541 is revised to read as follows: Subpart—United States Standards for Grades of Pistachio Nuts in the Shell Grades § 51.2541 U.S. Fancy, U.S. Extra No. 1, U.S. No. 1 And U.S. Select Grades. “U.S. Fancy,” “U.S. Extra No. 1,” “U.S. No. 1,” and “U.S. Select” consists of pistachio nuts in the shell which meet the following requirements:
(a)Basic requirements:
(1)Free from:
(i)Foreign material;
(ii)Loose kernels;
(iii)Shell pieces;
(iv)Particles and dust; and,
(v)Blanks.
(b)Shells:
(1)Free from:
(i)Non-split shells; and,
(ii)Shells not split on suture.
(2)Free from damage by:
(i)Adhering hull material;
(ii)Light stained;
(iii)Dark stained; and,
(iv)Other External (shell) defects.
(c)Kernels:
(1)Well dried, or, very well dried when specified in connection with the grade.
(2)Free from damage by:
(i)Immature kernels;
(ii)Kernel spotting; and,
(iii)Other Internal (kernel) defects.
(3)Free from serious damage by:
(i)Minor insect or vertebrate injury;
(ii)Insect damage;
(iii)Mold;
(iv)Rancidity;
(v)Decay; and,
(vi)Other Internal (kernel) defects.
(d)The nuts are of a size not less than 30/64 inch in diameter as measured by a round hole screen.
(e)For tolerances, see § 51.2544. 3.-4. Section 51.2542 is revised to read as follows: § 51.2542 U.S. Artificially Opened. “U.S. Artificially Opened” consists of artificially opened pistachio nuts in the shell which meet the following requirements:
(a)Basic Requirements:
(1)Free from:
(i)Foreign material;
(ii)Loose kernels;
(iii)Shell pieces;
(iv)Particles and dust; and,
(v)Blanks.
(b)Shells:
(1)Free from:
(i)Non-split shells; and,
(ii)Shells not split on suture.
(2)Free from damage by:
(i)Adhering hull material;
(ii)Light stained;
(iii)Dark stained; and,
(iv)Other External (shell) defects.
(c)Kernels:
(1)Well dried, or, very well dried when specified in connection with the grade.
(2)Free from damage by:
(i)Immature kernels;
(ii)Kernel spotting; and,
(iii)Other Internal (kernel) defects.
(3)Free from serious damage by:
(i)Minor insect or vertebrate injury;
(ii)Insect damage;
(iii)Mold;
(iv)Rancidity;
(v)Decay; and,
(vi)Other Internal (kernel) defects.
(d)The nuts are of a size not less than 30/64 inch in diameter as measured by a round hole screen.
(e)For tolerances, see § 51.2544. 5. Section 51.2543 is revised to read as follows: § 51.2543 U.S. Non-Split. “U.S. Non-Split” consists of non-split pistachio nuts in the shell which meet the following requirements:
(a)Basic requirements:
(1)Free from:
(i)Foreign material;
(ii)Loose kernels;
(iii)Shell pieces;
(iv)Particles and dust; and,
(v)Blanks.
(b)Shells:
(1)Free from damage by:
(i)Adhering hull material; and,
(ii)Dark stain.
(c)Kernels:
(1)Well dried, or very well dried when specified in connection with the grade.
(2)Free from damage by:
(i)Immature kernels;
(ii)Kernel spotting; and,
(iii)Other internal (kernel) defects.
(3)Free from serious damage by:
(i)Minor insect or vertebrate injury;
(ii)Insect damage;
(iii)Mold;
(iv)Rancidity;
(v)Decay; and,
(vi)Other Internal (kernel) defects.
(d)The nuts are of a size not less than 30/64 inch in diameter as measured by a round hole screen.
(e)For Tolerances, see § 51.2544. 6. Section 51.2544 is revised to read as follows: § 51.2544 Tolerances.
(a)In order to allow for variations incident to proper grading and handling, the tolerances in Tables I, II, and III of this section are provided. Table I.—Tolerances [Percent] Factor U.S. fancy U.S. extra No. 1 U.S. No. 1 U.S. select U.S. artificially opened U.S. non-split External (shell) Defects (tolerances by weight):
(a)Non-split and not split on suture 2 3 6 10 10 N/A
(1)Non-split included in
(a)1 2 3 4 4 N/A
(b)Adhering hull material 1 1 1 2 2 2
(c)Light stained 7 12 25 N/A N/A N/A
(1)Dark stained, included in
(c)2 3 3 3 3 3
(d)Damage by other means 1 1 2 3 10 N/A
(e)Total External Defects 9 16 N/A N/A N/A N/A
(f)Undersized (Less than 30/64 inch in diameter) 5 5 5 5 4 5 Table II.—Tolerances [Percent] Factor U.S. fancy U.S. extra No. 1 U.S. No. 1 U.S. select U.S. artificially opened U.S. non-split Internal (Kernel) Defects (tolerances by weight):
(a)Damage 3 6 6 6 6 6
(b)Serious Damage 3 4 4 4 4 4
(1)Insect Damage, Mold, Rancid, Decay, included in
(b)1 2 2 2 2 2
(c)Total Internal Defects 4 8 9 9 9 9 Table III.—Tolerances [Percent] Factor U.S. fancy U.S. extra No. 1 U.S. No. 1 U.S. select U.S. artificially opened U.S. non-split Other Defects (tolerances by weight):
(a)Shell pieces and blanks 2 2 2 2 2 2
(1)Blanks, included in
(a)1 1 1 1 1 1
(b)Foreign material (No glass, metal or live insects shall be permitted) .25 .25 .25 .25 .25 .25
(c)Particles and dust .25 .25 .25 .25 .25 .25
(d)Loose kernels 4 5 6 6 6 6 7. Section 51.2545 is revised to read as follows: § 51.2545 Application of tolerances. The tolerances for the grades apply to the entire lot and shall be based on a composite sample drawn from containers throughout the lot. Any container or group of containers which have nuts obviously different in quality or size from those in the majority of the containers shall be considered a separate lot and shall be sampled separately. 8. Section 51.2546 is revised to read as follows: § 51.2546 Size. Nuts may be considered as meeting a size designation specified in Table IV or a range in number of nuts per ounce, provided, the weight of 10 percent, by count, of the largest nuts in a sample does not exceed 1.50 times the weight of 10 percent, by count, of the smallest and the average number of nuts per ounce is not more than one-half nut above or below the extremes of the range specified. Table IV.—Nut Size Size designations Average number of nuts per ounce 1 Colossal Less than 18. Extra Large 18 to 20. Large 21 to 25. Medium 26 to 30. Small More than 30. 1 Before Roasting. 9. Section 51.2547 is revised to read as follows: § 51.2547 Definitions.
(a)*Well dried* means the kernel is firm and crisp.
(b)*Very well dried* means the kernel is firm and crisp and the average moisture content of the lot does not exceed 7.00 percent or is specified. (See § 51.2548.)
(c)*Loose kernels* means edible kernels or kernel portions which are out of the shell and which cannot be considered particles and dust.
(d)*External (shell) defects* means any blemish affecting the hard covering around the kernel. Such defects include, but are not limited to, non-split shells, shells not split on suture, adhering hull material, light stained, or dark stained.
(1)*Damage* by external (shell) defects means any specific defect described in paragraphs (d)(1)
(i)through
(v)of this section, or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materially detracts from the appearance or the edible or marketing quality of the individual shell or of the lot. (For tolerances see § 51.2544, Table I.)
(i)*Non-split shells* means shells are not opened or are partially opened and will not allow an 18/1000 (.018) inch thick by 1/4 (.25) inch wide gauge to slip into the opening.
(ii)*Not split on suture* means shells are split other than on the suture and will allow an 18/1000 (.018) inch thick by 1/4 (.25) inch wide gauge to slip into the opening.
(iii)*Adhering hull material* means an aggregate amount covers more than one-eighth of the total shell surface, or when readily noticeable on dyed shells.
(iv)*Light stained* on raw or roasted nuts, means an aggregate amount of yellow to light brown or light gray discoloration is noticeably contrasting with the predominate color of the shell and affects more than one-fourth of the total shell surface or, on dyed nuts, when readily noticeable.
(v)*Dark stained* on raw or roasted nuts, means an aggregate amount of dark brown, dark gray or black discoloration affects more than one-eighth of the total shell surface, or, on dyed nuts, when readily noticeable, provided that speckled appearing stain located within the area of one-fourth of the shell nearest the stem end shall be disregarded.
(e)*Internal (kernel) defects* means any blemish affecting the kernel. Such defects include, but are not limited to evidence of insects, immature kernels, rancid kernels, mold, or decay.
(1)*Damage* by internal (kernel) defects means any specific defect described in paragraphs (e)(1)(i) through
(ii)of this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materially detracts from the appearance or the edible or marketing quality of the individual kernel or of the lot. (For tolerances see § 51.2544, Table II.)
(i)*Immature kernels* are excessively thin or when a kernel fills less than three-fourths, but not less than one-half the shell cavity.
(ii)*Kernel spotting* refers to dark brown or dark gray spots aggregating more than one-eighth of the surface of the kernel.
(2)*Serious damage* by internal (kernel) defects means any specific defect described in paragraphs (e)(2)(i) through
(v)of this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which seriously detracts from the appearance or the edible or the marketing quality of the individual kernel or of the lot. (For tolerances see § 51.2544, Table II.)
(i)*Minor insect or vertebrate injury* means the kernel shows conspicuous evidence of feeding.
(ii)*Insect damage* is an insect, insect fragment, web or frass attached to the kernel. No live insects shall be permitted.
(iii)*Mold* which is readily visible on the shell or kernel.
(iv)*Rancidity* means the kernel is distinctly rancid to taste. Staleness of flavor shall not be classed as rancidity.
(v)*Decay* means one-sixteenth or more of the kernel surface is decomposed.
(f)*Other defects* means defects which cannot be considered internal defects or external defects. Such defects include, but are not limited to shell pieces, blanks, foreign material or particles and dust. The following shall be considered other defects. (For tolerances see § 51.2544, Table III.)
(1)*Shell pieces* means open in-shell nuts not containing a kernel, half shells or pieces of shell which are loose in the sample.
(2)*Blank* means a non-split shell not containing a kernel or containing a kernel that fills less than one-half the shell cavity.
(3)*Foreign material* means leaves, sticks, loose hulls or hull pieces, dirt, rocks, insects or insect fragments not attached to nuts, or any substance other than pistachio shells or kernels. Glass, metal or live insects shall not be permitted.
(4)*Particles and dust* means pieces of nut kernels which will pass through a 5/64 inch round opening.
(5)*Undersize* means pistachio nuts in the shell which fall through a 30/64 inch round hole screen. 10. Section 51.2548 is added to read as follows: § 51.2548 Average moisture content determination.
(a)Determining average moisture content of the lot is not a requirement of the grades, except when nuts are specified as “very well dried.” It may be carried out upon request in connection with grade analysis or as a separate determination.
(b)Nuts shall be obtained from a randomly drawn composite sample. Official certification shall be based on the air-oven method or other officially approved methods or devices. Results obtained by methods or devices not officially approved may be reported and shall include a description of the method or device and the owner of any equipment used. 11. Section 51.2549 is added to read as follows: § 51.2549 Metric conversion table. Use the following table for metric conversion: Inches Millimeters 5/64 1.98 18/100 .46 1/4 6.35 30/64 11.88 Ounces Grams 1 28.35 2 56.70 Subpart—United States Standards for Grades of Shelled Pistachio Nuts 12. In § 51.2555, paragraph
(b)is revised to read as follows: § 51.2555 General.
(b)These standards are applicable to raw, roasted, salted or salted/roasted pistachio kernels. 13. Section 51.2556 is revised to read as follows: § 51.2556 Grades.
(a)“U.S. Fancy,” “U.S. Extra No. 1,” and “U.S. No. 1” consist of pistachio kernels which meet the following requirements:
(1)Well dried, or very well dried when specified in connection with the grade.
(2)Free from:
(i)Foreign material, including in-shell nuts, shells, or shell fragments.
(3)Free from damage by:
(i)Immature kernels;
(ii)Kernel spotting; and
(iii)Other defects.
(4)Free from serious damage by:
(i)Mold;
(ii)Minor insect or vertebrate injury;
(iii)Insect damage;
(iv)Rancidity;
(v)Decay; and,
(vi)Other defects.
(5)Unless otherwise specified, kernels shall meet the size classification of Jumbo Whole Kernels (See § 51.2559).
(b)[Reserved] 14. In § 51.2557, Table 1 is revised to read as follows: § 51.2557 Tolerances. Table 1.—Tolerances [Percent] Factor (tolerances by weight) U.S. fancy U.S. extra No. 1 U.S. No. 1
(a)Damage 2.0 2.5 3.0
(b)Serious Damage 1.5 2.0 2.5
(1)Insect Damage, mold, rancid, decay, included in
(b).3 .4 .5
(c)Foreign Material .03 .05 .1 15. Section 51.2559 is revised to read as follows: § 51.2559 Size classifications.
(a)The size of pistachio kernels may be specified in connection with the grade in accordance with one of the following size classifications.
(1)Jumbo Whole Kernels: 80 percent or more by weight shall be whole kernels and not more than 5 percent of the total sample shall pass through a 24/64 inch round hole screen with not more than 1 percent passing through a 16/64 inch round hole screen.
(2)Large Whole Kernels: 80 percent or more, by weight, shall be whole kernels and not more than 2 percent of the total sample shall pass through a 16/64 inch round hole screen.
(3)Large Split Kernels: 75 percent or more, by weight, shall be half kernels split lengthwise and not more than 5 percent of the total sample shall pass through a 16/64 inch round hole screen.
(4)Whole and Broken Kernels: means a mixture of any combination of whole kernels or pieces. The percentage of whole kernels and/or pieces may be specified. Not more than 5 percent of the total sample shall pass through a 5/64 inch round hole screen.
(b)[Reserved] 16. Section 51.2560 is revised to read as follows: § 51.2560 Definitions.
(a)*Well dried* means the kernel is firm and crisp.
(b)*Very well dried* means the kernel is firm and crisp and the average moisture content of the lot does not exceed 7 percent or is specified (See § 51.2561).
(c)*Foreign material* means leaves, sticks, in-shell nuts, shells or pieces of shells, dirt, or rocks, or any other substance other than pistachio kernels. No allowable tolerances for metal or glass.
(d)*Whole kernel* means 3/4 of a kernel or more.
(e)*Splits* means more than 3/4 of a half kernel split lengthwise.
(f)*Damage* means any specific defect described in paragraph
(1)through
(2)of this section or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materially detracts from the appearance or the edible or marketing quality of the individual kernel or of the lot. (For tolerances, see § 51.2557, Table I.)
(1)*Immature kernels* are excessively thin kernels and can have black, brown or gray surface with a dark interior color and the immaturity has adversely affected the flavor of the kernel.
(2)*Kernel spotting* refers to dark brown or dark gray spots aggregating more than one-eighth of the surface of the kernel.
(g)*Serious damage* means any specific defect described in paragraph
(1)through
(5)of this section, or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which seriously detracts from the appearance or the edible or marketing quality of the individual kernel or of the lot. (For tolerances see § 51.2557 Table I.)
(1)*Mold* which is readily visible on the kernel.
(2)*Minor insect or vertebrate injury* means the kernel shows conspicuous evidence of feeding.
(3)*Insect damage* is an insect, insect fragment, web or frass attached to the kernel. No live insects shall be permitted.
(4)*Rancidity* means the kernel is distinctly rancid to taste. Staleness of flavor shall not be classed as rancidity.
(5)*Decay* means one-sixteenth or more of the kernel is decomposed. 17. Section 51.2562 is added to read as follows: § 51.2562 Metric Conversion Table. Use the following table for metric conversion: Inches Millimeters 5/64 1.98 16/64 6.35 24/64 9.53 Ounces Grams 1 28.35 2 56.7 Dated: August 19, 2003. A.J. Yates, Administrator, Agricultural Marketing Service. [FR Doc. 03-21547 Filed 8-21-03; 8:45 am]
Connectionstraces to 3
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- 7 CFR 51
- 7 USC 1621-1627
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