[Federal Register Volume 63, Number 78 (Thursday, April 23, 1998)]
[Rules and Regulations]
[Pages 20054-20056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10768]
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DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and Stockyards Administration
7 CFR Parts 800 and 810
United States Standards for Rye
AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA.
ACTION: Final rule.
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SUMMARY: The Grain Inspection, Packers and Stockyards Administration
(GIPSA) is revising the United States Standards for Rye to certificate
dockage to the nearest tenth of a percent. The current method of
dockage certification rounds the actual dockage percentage down to the
nearest whole percent. This method may result in understating the level
of dockage up to 0.99 percent on the certificate. Certification of
dockage to the nearest tenth of a percent is more precise than the
current method and should enhance the marketability of U.S. rye traded
in the domestic and export markets. This change requires the
establishment of new inspection tolerances or breakpoints, as
appropriate.
[[Page 20055]]
EFFECTIVE DATE: June 1, 1999.
FOR FURTHER INFORMATION CONTACT: George Wollam, GIPSA, USDA, Room 0623-
S, Stop 3649, Washington, D.C., 20250-3649; FAX (202) 720-4628; or E-
mail gwollam@fgisdc.usda.gov.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
The Department of Agriculture is issuing this rule in conformance
with Executive Order 12866.
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This action is not intended to have a retroactive
effect. The United States Grain Standards Act, (ACT) as amended,
provides in section 87g that no state or subdivision may require or
impose any requirements or restrictions concerning the inspection,
weighing, or description of grain under the Act. Otherwise, this final
rule will not preempt any state or local laws, regulations, or
policies, unless they present an irreconcilable conflict with this
rule. There are no administrative procedures which must be exhausted
prior to any judicial challenge to the provisions of this rule.
Regulatory Flexibility Act Certification
GIPSA has determined that this final rule will not have a
significant economic impact on a substantial number of small entities,
as defined in the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Most users of the official inspection and weighing services and those
entities that perform these services do not meet the requirements for
small entities. Further, the regulations are applied equally to all
entities.
The rye industry, including producers, handlers, exporters and
processors, are the primary users of the U.S. Standards for Rye and
utilize the official standards as a common trading language to market
rye.
The rye industry in the United States is regional in nature,
concentrated primarily in the upper midwest area. There are an
estimated 10 processors of rye, utilizing a crop produced on
approximately 355,000 acres in the United States. The average annual
production of rye for the period 1988 through 1997 was 10,045,000
bushels. No rye has been officially inspected for export from the
United States for several years.
The current method of dockage certification rounds the actual
dockage percentage down to the nearest whole percent. This method may
result in understating the level of dockage up to 0.99 percent on the
certificate. Certification of dockage to the nearest tenth of a percent
is more precise than the current method and should enhance the
marketability of U.S. rye traded in the domestic and, potentially,
export markets. The potential benefits of revising the dockage
certification procedure to report rye dockage to the nearest tenth of a
percent include a more accurate description of the raw grain and the
potential to improve pricing efficiency within the market.
Certification to the nearest tenth of a percent is also more precise. A
corresponding change will be made to the inspection tolerances or break
points, as appropriate.
Further, the rye industry already trades on dockage reported in
tenths of a percent. Therefore, small entities should experience no
significant economic impact from the change.
Paperwork Reduction Act
In accordance with the provisions of the Paperwork Reduction Act of
1995 (44 U.S.C. 3504), the information collection requirements
contained in Part 800 have been previously approved by the Office of
Management and Budget under control number 0580-0013.
Background
On December 17, 1997, GIPSA published in the Federal Register (62
FR 66036) a proposal to revise the United States Standards for Rye to
certificate dockage to the nearest tenth of a percent. Dockage consists
primarily of dust, chaff, small weed seeds, very small pieces of broken
rye, and coarse grains larger than rye. Domestic handlers and millers
usually remove dockage during grain cleaning and may use it as animal
feed. Foreign buyers use dockage in a variety of ways. Some use the
dockage in animal feed, others mill the dockage with the rye, and some
remove and discard the dockage.
In the current Official United States Standards for Grain (7 CFR
Part 810), the percentage of rye dockage is certified by rounding down
to the nearest 1.0 percent (7 CFR 810.104 (b)). For example, for 0.0 to
0.99 percent, no dockage is reported on the certificate, 1.00 to 1.99
percent is reported as 1.0 percent dockage, 2.00 to 2.99 is reported as
2.0 percent dockage, and so forth. A domestic handler/processor had
questioned the adequacy of the current dockage certification method,
asserting that the actual dockage is almost always understated.
Further, the handler/processor suggested that the current U.S.
Standards for Rye are not relevant, as the domestic rye industry trades
on a dockage basis expressed in tenths of a percent and not whole
percents.
Changing the current reporting and certification procedure to the
nearest tenth percent on official inspection certificates will more
accurately and precisely state dockage content in rye. Further, this
action should also promote pricing efficiency.
GIPSA also proposed to amend the inspection plan tolerances, or
breakpoints, based on this change. Shiplots, unit trains, and lash
barge lots are inspected with a statistically based inspection plan.
Inspection tolerances, commonly referred to as ``breakpoints,'' are
used to determine acceptable quality. This change requires the
establishment of a new breakpoint that reflects the greater accuracy to
which rye dockage will be calculated and reported.
Therefore, GIPSA is revising the current breakpoint for rye dockage
which is listed in Table 14 of section 800.86(c)(2). Specifically,
GIPSA will change the breakpoint from 0.32 to 0.2.
Comment Review
During the 60-day comment period, GIPSA received four comments: One
from a rye miller in the upper midwest; two from grain handling
associations; and one from a State Department of Agriculture.
The comment from the rye miller stated that the change would
strengthen the integrity of the rye standards as it made sense given
that rye is a cereal grain, it was appropriate that the U.S. rye
dockage standard be the same as the wheat standard. One grain handling
association stated that the change was consistent with current
marketing practices and long overdue. They encouraged GIPSA to
implement the change at the earliest feasible time. The other grain
handling association did not object to the proposed change and stated
that the change would make dockage procedures for rye consistent with
wheat. The State Department of Agriculture commented that certifying
rye dockage to the nearest tenth of a percent will provide a truer
picture of what is actually in the lot of rye and should, therefore, be
helpful for marketing purposes.
On the basis of these comments and other available information,
GIPSA decided to revise the rye standards as proposed.
Final Action
GIPSA is revising Sec. 800.86, Inspection of shiplot, unit train,
and lash barge grain in single lots, paragraph (c)(2) Table 14, by
changing the breakpoint for dockage in rye from 0.32 to 0.2.
[[Page 20056]]
GIPSA also is amending the Official United States Standards for
Grain, Subpart A--General Provisions, Sec. 810.104, Percentages, by
revising paragraph (b), Recording. This change requires rye dockage to
be determined and reported in whole and tenths of a percent to the
nearest tenth of a percent.
Pursuant to Section 4(b)(1) of the United States Grain Standards
Act, as amended (7 U.S.C. 76(b)(1)), no standards established or
amendments or revocations of standards are to become effective less
than one calendar year after promulgation unless, in the judgement of
the Secretary, the public health, interest, or safety require that they
become effective sooner. Pursuant to that section of the Act, the
revisions will become effective June 1, 1999. This effective date will
coincide with the beginning of the 1999 crop year and facilitate the
marketing of rye.
List of Subjects
7 CFR Part 800
Administrative practice and procedure, Exports, Grain.
7 CFR Part 810
Exports, Grain.
For reasons set out in the preamble, 7 CFR Part 800 and 7 CFR Part
810 are amended as follows:
PART 800--GENERAL REGULATIONS
1. The authority citation for Part 800 continues to read as
follows:
Authority: Pub. L. 94-582, 90 Stat. 2867, as amended (7 U.S.C.
71 et seq.)
2. Section 800.86(c)(2) is amended by revising the entry for
``Dockage'' in Table 14 to read as follows:
Sec. 800.86 Inspection of shiplot, unit trains, and lash barge grain
in single lots.
* * * * *
(c) * * *
(2) * * *
TABLE 14--Breakpoints (BP) for Rye Special Grades and Factors
------------------------------------------------------------------------
Special grade or factor Grade limit Breakpoint
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* * * *
* * *
Dockage........................... As specified by 0.2
contract or load
order grade.
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* * * * *
PART 810--OFFICIAL UNITED STATES STANDARDS FOR GRAIN
3. The authority citation for Part 810 continues to read as
follows:
Authority: Pub. L. 94-582, 90 Stat. 2867, as amended (7 U.S.C.
71 et seq.)
4. Section 810.104 is amended by revising the first three sentences
of paragraph (b) to read as follows:
Sec. 810.104 Percentages.
* * * * *
(b) Recording. The percentage of dockage in flaxseed and sorghum is
reported in whole percent with fractions of a percent being
disregarded. Dockage in barley and triticale is reported in whole and
half percent with a fraction less than one-half percent being
disregarded. Dockage in wheat and rye is reported in whole and tenth
percents to the nearest tenth percent. * * *
Dated: April 14, 1998.
James R. Baker,
Administrator, Grain Inspection, Packers and Stockyards Administration.
[FR Doc. 98-10768 Filed 4-22-98; 8:45 am]
BILLING CODE 3410-EN-P
