[Federal Register Volume 60, Number 229 (Wednesday, November 29, 1995)]
[Rules and Regulations]
[Pages 61194-61196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29118]
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DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and Stockyards Administration
7 CFR Part 810
RIN 0580-AA14
United States Standards for Corn
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 Corn to: report
test weight (TW) to the nearest tenth of a pound; eliminate the count
limit on stones and reduce the U.S. Sample grade aggregate weight
tolerance from more than 0.2 percent by weight to more than 0.1 percent
by weight; and offer stress crack testing as official criteria.
The objective of these revisions is to ensure that the corn
standards are serving their intended purpose to facilitate the
marketing of corn.
EFFECTIVE DATE: September 1, 1996.
Availability: Stress crack testing will be available January 1,
1996.
FOR FURTHER INFORMATION CONTACT: George Wollam, USDA, GIPSA, room 0623,
South Building, P.O. Box 96454, Washington, D.C. 20090-6454; telephone
(202) 720-0292; FAX (202) 720-4628.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
The Department is issuing this rule in conformance with Executive
Order 12866.
Executive Order 12778
This final rule has been reviewed under Executive Order 12778,
Civil Justice Reform. This action is not intended to have retroactive
effect. The United States Grain Standards Act (Act) 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 rule will not preempt any State or
local laws, regulations, or policies, unless they present an
irreconcilable conflict with this rule. There are no administrative
procedures which must be exhausted prior to any judicial challenge to
the provisions of this rule.
Regulatory Flexibility Act Certification
James R. Baker, Administrator, GIPSA, has determined that this 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.) because 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.
Background
During October 1993, the Federal Grain Inspection Service (FGIS),
which is now part of GIPSA, prepared a discussion paper concerning the
U.S. Standards for Corn. This paper addressed a number of issues
relating to the corn standards and served as a starting point for
discussions with producers, trade associations, processors, handlers,
and merchandisers to better understand their views on changes needed to
improve existing standards. It was distributed throughout the grain
industry. FGIS received positive response from the grain industry.
On February 22, 1995, GIPSA proposed in the Federal Register (60 FR
9790) to revise the United States Standards for corn to: (1) report TW
to the nearest tenth of a pound; (2) eliminate the count limit on
stones and reduce the U.S. Sample grade aggregate weight tolerance from
more than 0.2 percent by weight to more than 0.1 percent by weight; and
(3) offer stress crack testing as official criteria. Furthermore, GIPSA
sought comments not only on the proposal to offer stress crack testing
as official criteria, but also on the reporting method.
GIPSA officials discussed the proposed revisions to the corn
standards at the Grain Quality Workshops and presented the stress crack
testing proposal at the Grain Quality Conference organized by the
University of Illinois.
Comment Review
During the 60-day comment period, GIPSA received fifteen comments:
four from grain handlers, three from corn producers, three from corn
processors, two from official inspection agencies, two from foreign
buyers, and one from academia.
On the basis of these comments received during the comment period
and other available information, GIPSA has decided to enact the changes
as proposed.
TW Per Bushel
TW per bushel is the weight per Winchester bushel (2,150.42 cubic
inches) as determined using an approved device according to procedures
prescribed in FGIS instructions. TW for corn is determined before the
removal of broken corn and foreign material and certificated in whole
and half pounds with a fraction of a half pound disregarded. Upon
request, TW for corn is reported to the nearest tenth of a pound in
addition to the official certification method.
Reporting TW in corn to the nearest tenth of a pound will bring TW
reporting requirements in line with the reporting requirements for
other factors such as damaged kernels total and broken corn and foreign
material. Another consideration is that nearly all TW results are
currently rounded down. For example, under the current reporting
method, a scale reading 53.99 pounds per bushel is certified as 53.5
pounds per bushel, which meets the TW grade limit for U.S. No. 3 corn.
If the results, however, were rounded to the nearest tenth of a pound,
the resultant 54.0 pounds per bushel would meet the grade limit for
U.S. No. 2 corn. Usually, the current practice of rounding down causes
TW to be underrepresented throughout the marketing channel.
Furthermore, the rounding of TW results to the nearest tenth of a pound
will not significantly affect the assigned grade since, in most cases,
the rounded result will fall within the grade requirement.
Nine commentors supported the proposed change stating that
reporting TW to the nearest tenth of a pound is in the best interest of
corn producers, will have a positive impact on net farm income, and
rounding down in half pound increments has been particularly unfair and
sent a negative signal to producers.
Two commentors opposed this change stating that the current
rounding method is working satisfactorily; GIPSA has not confirmed that
it will have a net beneficial impact on the market or that the current
reporting method inhibits the efficient transmission of information on
quality; and they are concerned about the reproducibility of results at
the tenth of a pound level.
[[Page 61195]]
Commentors in support of the proposed action indicate that
reporting TW to the nearest tenth pound per bushel will benefit both
producers and the general corn market. Further, statistical information
provided in the proposed action indicated that the reproducibility of
TW results is similar to or better than the reproducibility of other
factors reported to the nearest tenth. Therefore, the reproducibility
of TW results was considered prior to the proposal.
Based on this information, comments received, and other available
information, GIPSA is revising Sec. 810.102, Definition of other terms,
by revising section (d), Test weight per bushel, to report TW in corn
to the nearest tenth of a pound per bushel.
Stone Count
GIPSA proposed to eliminate the count limit on stones and reduce
the U.S. Sample grade aggregate weight tolerance from more than 0.2
percent by weight to more than 0.1 percent by weight. Presently, eight
or more stones with an aggregate weight in excess of 0.2 percent of the
sample are required to assign the Sample Grade designation. This
determination is performed before the removal of broken corn and
foreign material.
Ten commentors supported the proposed change stating that
eliminating the stone count limit and reducing the aggregate weight
percent from 0.2 to 0.1 will not have a negative impact on growers,
provides a positive signal to foreign buyers, addresses the needs of
corn millers without adversely affecting corn farmers, and emphasizes
the importance of quality by clearly showing that reducing
contamination is desirable.
One opponent stated that elimination of stone count limits is
undesirable because having one 15-gram stone in a 1,000-gram sample
could make a lot ``Sample Grade'' and one stone is incidental and may
be the only stone in the entire lot.
Stones have harmful effects on corn quality and millability. In
addition, several corn industry representatives have requested that the
count limit on stones be eliminated to encourage the delivery of high
quality corn. GIPSA believes that eliminating the stone count limit and
reducing the aggregate weight tolerance will facilitate the marketing
of corn.
Based on this information, comments received, and other available
information, GIPSA is revising Sec. 810.404, Grades and grade
requirements for corn, by revising the definition of U.S. Sample Grade
by eliminating the count limit on stones and reducing the aggregate
weight criteria from more than 0.2 percent by weight to more than 0.1
percent by weight.
Stress Crack Testing Service
GIPSA proposed to offer corn stress crack testing using the
Illinois Crop Improvement Association, Identity Preserved Grain
Laboratory (IPGL), method as official criteria under the authority of
the Act and sought comments on the reporting method for results.
As described by the IPGL, stress crack tests are performed on
random subsamples. The kernels are inspected visually on a backlighted
lightboard and separated into four categories: no or zero stress
cracks; one or single stress cracks; two or double stress cracks; and
more than two or multiple stress cracks. The percentage of kernels
falling into each category is used to calculate the percentage of total
stress cracks and stress crack index as follows:
% TSC = [% single SC + % double SC + % multiple SC]
SCI = [(% single SC) + (% double SC x 3) + (% multiple SC x 5)]
Where SC = stress cracks:
SCI = stress crack index; and
TSC = total stress cracks.
The stress crack index is an indication of the multiplicity of stress
cracks in each kernel. The weighting factors indicate that corn kernels
with double and multiple stress cracks are more susceptible to breakage
than kernels with single stress cracks.
This testing service will be optional and GIPSA will recover the
cost of providing this service through the applicable inspection fees
as set forth in Sec. 800.71(a) of the regulations.
Corn which contains stress-cracked kernels tends to break apart
and, as a result, is undesirable in the corn dry milling, wet milling,
and food manufacturing processes. Also, stress cracked kernels indicate
that corn has been dried at an excessively high temperature.
Starch recovery, which is an essential component of the wet milling
process, is also lower from kernels possessing many stress cracks. To
the food manufacturer, stress cracks are of concern because of the
adverse effect on soaking, which is an essential component of the
manufacturing process.
Cracked corn is also more difficult to store since it is more
readily attacked by microorganisms and is difficult to aerate
uniformly. Cracked corn can also contribute to increased elevator dust
levels and, thus, negatively impact elevator safety and the
environment.
Twelve commentors supported this proposal stating that GIPSA can
make a significant contribution to market efficiency by offering a
standardized stress crack testing service and testing could provide an
incentive for improving drying methods which could improve corn
quality.
Three commentors opposed this proposal stating that: it is not
clear that stress crack testing will improve quality or enhance safety;
direct correlation between stress cracks and end-use value have yet to
be proven; inexperienced users could make misleading or inappropriate
interpretations based on official results; corn processors and grain
elevator managers will adopt new discount schedules; the test is
currently available from private laboratories; processors are only
interested in total stress cracks, not the four categories (single,
double, multiple, and total); and GIPSA will not be able to recover the
full cost of developing and offering the test.
Several commentors suggested that GIPSA provide educational efforts
to inform affected producers, allow testing based on 50 kernels rather
than 100 kernels, and permit applicants to specify certification of
results to meet their needs.
GIPSA selected the IPGL test method because it meets the basic
requirement for online testing. It is quick, easy, and cost effective.
In addition, this method is well developed, has been in use
successfully for several years, and will impose a minimal cost to the
inspection system.
Based on comments received and other available information, GIPSA
is offering stress crack testing as an official criteria under the
authority of the Act. Total percent stress cracks will be reported.
Upon request, stress crack categories (single, double, and multiple)
will also be reported. This testing service will be optional. GIPSA
will recover the cost of providing this service through the applicable
inspection fees as set forth in Sec. 800.71(a) of the regulations.
Miscellaneous Changes
GIPSA proposed to revise the format of the grading chart in
Sec. 810.404, Grades and Grade Requirements for Corn, to improve the
readability of the grading chart. However, information received from
participants in GIPSA's quality control and proficiency training
programs and employee suggestion hotline indicate the present chart
format is easier to understand than the proposed chart or other
recently revised
[[Page 61196]]
charts and should not be changed. Based on this information, GIPSA has
decided not to adopt the proposed format change.
Final Action
On the basis of these comments and other available information,
GIPSA has decided to revise the corn standards as proposed except for
revising the format of the grading chart. Pursuant to section 4(b)(1)
of the United States Grain Standards Act (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 judgment of the Administrator, the public health, interest, or
safety requires that they become effective sooner. Pursuant to that
section of the Act, GIPSA has determined that it is in the public
interest that the revisions become effective September 1, 1996. This
effective date will coincide with the beginning of the 1996 crop year
and facilitate domestic and export marketing of corn. Stress crack
testing service is provided as official criteria and is not included in
the U.S. Standards for Corn. Consequently, this official service will
be available on January 1, 1996.
List of Subjects in 7 CFR Part 810
Exports, Grain.
For reasons set out in the preamble, 7 CFR part 810 is amended as
follows:
PART 810--OFFICIAL UNITED STATES STANDARDS FOR GRAIN
1. The authority citation for part 810 continues to read as
follows:
Authority: Pub. L. 94-582, 90 Stat. 2067 as amended (7 U.S.C. 71
et. seq.)
Subpart A--General Provisions
2. Section 810.102(d) is revised to read as follows:
Sec. 810.102 Definition of other terms.
* * * * *
(d) Test weight per bushel. The weight per Winchester bushel
(2,150.42 cubic inches) as determined using an approved device
according to procedures prescribed in FGIS instructions. Test weight
per bushel in the standards for corn, mixed grain, oats, sorghum, and
soybeans is determined on the original sample. Test weight per bushel
in the standards for barley, flaxseed, rye, sunflower seed, triticale,
and wheat is determined after mechanically cleaning the original
sample. Test weight per bushel is recorded to the nearest tenth pound
for corn, rye, triticale, and wheat. Test weight per bushel for all
other grains, if applicable, is recorded in whole and half pounds with
a fraction of a half pound disregarded. Test weight per bushel is not
an official factor for canola.
* * * * *
Subpart D--United States Standards for Corn
3. Section 810.404 is revised to read as follows:
Sec. 810.404 Grades and grade requirements for Corn.
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Maximum limits of
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Minimum Damaged kernels
test weight -------------------------- Broken corn
Grade per bushel Heat and foreign
(pounds) damaged Total material
kernels (percent) (percent)
(percent)
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U.S. No. 1.................................................. 56.0 0.1 3.0 2.0
U.S. No. 2.................................................. 54.0 0.2 5.0 3.0
U.S. No. 3.................................................. 52.0 0.5 7.0 4.0
U.S. No. 4.................................................. 49.0 1.0 10.0 5.0
U.S. No. 5.................................................. 46.0 3.0 15.0 7.0
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U.S. Sample Grade
U.S. Sample grade is corn that:
(a) Does not meet the requirements for the grades U.S. Nos. 1, 2, 3, 4, or 5; or
(b) Contains stones with an aggregate weight in excess of 0.1 percent of the sample weight, 2 or more pieces
of glass, 3 or more crotalaria seeds (Crotalaria spp.), 2 or more castor beans (Ricinus communis L.), 4 or
more particles of an unknown foreign substance(s)or a commonly recognized harmful or toxic substance(s), 8 or
more cockleburs (Xanthium spp.), or similar seeds singly or in combination, or animal filth in excess of 0.20
percent in 1,000 grams; or
(c) Has a musty, sour, or commercially objectionable foreign odor; or
(d) Is heating or otherwise of distinctly low quality.
Dated: November 14, 1995.
James R. Baker,
Administrator, Grain Inspection, Packers and Stockyards Administration.
[FR Doc. 95-29118 Filed 11-28-95; 8:45 am]
BILLING CODE 3410-EN-P
