[Federal Register Volume 62, Number 242 (Wednesday, December 17, 1997)]
[Proposed Rules]
[Pages 66036-66037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32780]
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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: Proposed rule.
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SUMMARY: The Federal Grain Inspection Service (FGIS) of the Grain
Inspection, Packers and Stockyards Administration (GIPSA) proposes to
revise 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 would also require the
establishment of new inspection tolerances or breakpoints, as
appropriate.
DATES: Comments must be submitted on or before February 17, 1998.
ADDRESSES: Written comments must be submitted to 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.
All comments received will be made available for public inspection
at Room 0623 South Building, 1400 Independence Avenue, SW, Washington,
D.C., during regular business hours (7 CFR 1.27 (b)).
FOR FURTHER INFORMATION CONTACT: George Wollam, address as above,
telephone (202) 720-0292.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
The Department of Agriculture is issuing this rule in conformance
with Executive Order 12866.
Executive Order 12988
This proposed 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 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 proposed rule will not preempt any
State or local laws, regulations, or policies, unless they present an
irreconcilable conflict with this proposed rule. There are no
administrative procedures which must be exhausted prior to any judicial
challenge to the provisions of this proposed rule.
Regulatory Flexibility Act Certification
GIPSA has determined that this proposed 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.
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.
[[Page 66037]]
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, the
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 would be more precise.
A corresponding change would be made to the inspection tolerances or
breakpoints, as appropriate.
Further, we understand that the rye industry already trades on
dockage reported in tenths of a percent. Small entities, therefore,
should experience no significant economic impact from these proposed
changes.
Background
Certification of Dockage in Rye
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 has
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.
Therefore, GIPSA is seeking industry comment for changing the
current reporting and certification procedure to the nearest tenth
percent on official inspection certificates to more accurately and
precisely state dockage content in rye. Further, this action should
also promote pricing efficiency.
Inspection Plan Tolerances
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. The proposed change requires the establishment of a new
breakpoint that reflects the greater accuracy to which rye dockage is
proposed to be calculated and reported.
Therefore, GIPSA proposes to change the current breakpoint for rye
dockage which is listed in Table 14 of section 800.86(c)(2).
Specifically, GIPSA proposes to change the breakpoint from 0.32 to 0.2.
Proposed Action
GIPSA proposes to revise 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.
GIPSA also proposes to amend the Official United States Standards
for Grain, Subpart A--General Provisions, Sec. 810.104, Percentages, by
revising paragraph (b) Recording. This change would require rye dockage
to be determined and reported in whole and tenths of a percent to the
nearest tenth of a percent.
Comments, including data, views, and arguments are solicited from
interested persons. Pursuant to Section 4(b)(1) of the United States
Grain Standards Act, as amended (7 U.S.C. 76(b)(1)), upon request, such
information concerning changes to the standards may be presented orally
in an informal manner. Also, pursuant to this section, 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.
List of Subjects
7 CFR Part 800
Administrative practice and procedure, Exports, Grains.
7 CFR Part 810
Exports, Grains.
For reasons set out in the preamble, 7 CFR part 800 and 7 CFR part
810 are proposed to be 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 train, 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
------------------------------------------------------------------------
* * * * *
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: December 10, 1997.
James R. Baker,
Administrator, Grain Inspection, Packers and Stockyards Administration.
[FR Doc. 97-32780 Filed 12-16-97; 8:45 am]
BILLING CODE 3410-EN-P
