[Federal Register Volume 60, Number 35 (Wednesday, February 22, 1995)]
[Proposed Rules]
[Pages 9790-9792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4183]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 60, No. 35 / Wednesday, February 22, 1995 /
Proposed Rules
[[Page 9790]]
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: Proposed rule.
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SUMMARY: In its periodic review of existing regulations, the Federal
Grain Inspection Service (FGIS), a program of the Grain Inspection,
Packers and Stockyards Administration (GIPSA), proposes to amend the
U.S. 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 offers stress crack
testing as official criteria. This proposed rule is intended to
facilitate the marketing of corn.
DATES: Comments must be submitted on or before April 24, 1995.
ADDRESSES: Written comments must be submitted to George Wollam, GIPSA,
USDA, Room 0623-S, P.O. Box 96454, Washington, DC 30090-6454; FAX (202)
720-4628.
All comments received will be made available for public inspection
at Room 0623 South Building, 1400 Independence Avenue, SW., Washington,
DC 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
This rule is exempt from Executive Order 12866 review.
Executive Order 12778
This proposed rule has been reviewed under Executive Order 12778,
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 any
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 Robert Baker, Administrator, 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. 602 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),
prepared a discussion paper concerning the U.S. Standards for Corn.
This paper addressed a number of issues relating to the standards and
was distributed throughout the grain industry. The paper also 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. FGIS received
positive feedback from the grain industry regarding the corn discussion
paper; and, in fact, numerous industry representatives suggested that
FGIS continue to develop and distribute similar documents before
amending other standards.
FGIS received a total of 12 written comments concerning the
discussion paper: 3 from research associations and universities, 1 from
a producer organization, 4 from handler and processor associations, 1
from an industry consortium, 2 from grain inspection and weighing
associations, and 1 from a grain company. In addition to receiving
written comments, FGIS reviewed the corn standards with representatives
of the Iowa Department of Agriculture, the Grain Quality Workshops, and
other corn-related associations.
On the basis of all comments and other available information, FGIS
is proposing three changes to the corn standards that reflect current
market needs and also serve to improve the effectiveness of the
standards. The proposed amendments include: (1) Reporting TW to the
nearest tenth of a pound, (2) eliminating the count limit on stones and
reducing 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)
offering stress crack testing as official criteria.
Test Weight (TW)
FGIS proposes to revise Sec. 810.102(d) of the United States
Standards for Grain to report TW in corn to the nearest tenth of a
pound. This change will bring the reporting requirement for TW into
line with the reporting requirements for other factors, such as total
damaged kernels and broken corn and foreign material (BCFM).
This is not the first time that FGIS has proposed to revise the
reporting requirement for TW in corn. In 1986, (51 FR 35224) to promote
greater uniformity among the grain standards, FGIS proposed to reformat
the grain standards and solicited comments regarding certification
requirements for factors not expressed to the nearest tenth. FGIS
proposed to report all percentages (except ergot) and all TW values to
the nearest tenth. The proposal included TW in corn which is certified
in whole and half pounds with fractions of a half pound disregarded.
The majority of commentors who opposed the proposal indicated that
sufficient data were not available to determine how a change in
reporting requirements would affect reproducibility of results--
especially for TW in coarse grains. FGIS decided not to revise the
reporting requirements, except for dockage in wheat (52 FR 24414). FGIS
does offer, upon request, the recording of TW results to the nearest
tenth pound in the Remarks section of the grade
certificate. [[Page 9791]]
An extensive review of FGIS grain inspection and monitoring data,
which represent over 4,200 samples, provides standard deviation values
for each of the mandatory factors across all grade levels within the
corn standards. Standard deviation is a measure of variation; and a
particular type of standard deviation, the standard deviation of the
difference (SDD), can be used as a measure of reproducibility. When a
sample is reanalyzed for a particular factor, the reproducibility of
results improves as the SDD becomes smaller.
The review of inspection data resulted in separate SDD values for
each grade level for both domestic and export corn samples. Only the
export SDD values, however, were calculated from raw TW data reported
to the nearest tenth of a pound. Comparison of SDD values between
factors will therefore focus on the export values. For TW, the SDD
value was the same, 0.366, for all grade levels, thus indicating an
insignificant range and a consistent reproducibility in TW values
across all grade levels. For damaged kernels total (DKT), the SDD
values ranged from 0.853 to 1.814 for U.S. Grade Nos. 1 to 5. For BCFM,
the corresponding values ranged from 0.197 to 0.359 for U.S. Grade Nos.
1 to 5. The range in SDD values reflects the range in DKT and BCFM
levels and the variance in the reproducibility of results across grade
levels.
The TW SDD values are either close to or lower than the SDD values
for the other factors when all raw data used in the calculation of the
SDD values had been reported to the nearest tenth. It can be inferred
from SDD values that the reporducibility of TW results is similar to or
better than the reproducibility of DKT and BCFM results. The industry
accepts the current practice of reporting DKT and BCFM results to the
nearest tenth. Therefore, based on the comparison of SDD values, the
industry may also find the reporting of TW to the nearest tenth of a
pound acceptable.
Another consideration for the industry is that virtually 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 would meet 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. In general, the current practice of rounding
down causes TW to almost always 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.
Stones
FGIS proposes to eliminate the count limit on stones and reduce the
aggregate weight tolerance from more than 0.2 percent by weight to more
than 0.1 percent by weight. Stones have a harmful effect on corn
quality and milling. Several industry representatives have requested
that the count limit on stones be eliminated and the aggregate weight
tolerance be reduced from more than 0.2 percent by weight to more than
0.1 percent by weight. The elimination of the count limit would serve
to further tighten the tolerance of stones by allowing a smaller number
of heavy stones to downgrade a sample.
Stress Crack Testing
FGIS proposes to offer corn stress crack (SC) testing as official
criteria under the United States Grain Standards Act. This testing
service will be optional and FGIS will recover the cost of providing
this service through the applicable inspection fees as set forth in
section 800.71(a) of the regulations.
Corn kernels which contain stress cracks tend to break apart, and,
as a result, are undesirable in the corn dry milling, wet milling, and
food manufacturing processes. In the dry milling process, cracked
kernels yield lower percentages of large flaking grits which are the
highly valued prime product (ref. 1). Starch recovery, which is an
essential component of the wet milling process, is also lower from
kernels possessing numerous 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. Some
snack food companies currently limit the percent of kernels with stress
cracks to values less than 20 percent (ref. 2). Cracked corn is also
more difficult to store than undamaged corn, since cracked corn is more
readily attacked by microorganisms and is difficult to aerate
uniformly.
Cracked corn could also contribute to increased elevator dust
levels and, thus, negatively impact elevator safety.
Commentors addressed the various detrimental effects of stress
cracks and broken corn, and the majority of commentors recommended that
FGIS offer stress crack testing as part of the national inspection
service. Due to the importance of stress crack testing, GIPSA proposes
to offer stress crack testing, upon request, as official criteria.
GIPSA and the official agencies of the national inspection system will
use the method recommended by the Illinois Crop Improvement
Association's Identity Preserved Grain Lab (IPGL) which performs stress
crack tests on over 4,000 corn samples per year. FGIS will use this
method because it is cost-effective, easy to use, and quick.
As described by the IPGL, stress crack tests are performed on
random subsamples of 100 kernels. The kernels are inspected visually on
a back lighting lightboard and separated into four categories: no or
zero 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 stress cracks and a 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.
FGIS seeks comments not only on the proposal to offer stress crack
testing as official criteria but on the reporting method for results.
Since the information will be readily available, commentors should
address whether the percentage of stress cracks in each of the three
categories, single, double, and multiple, should, be reported. If no
comments are received on the reporting method, FGIS will report only
the total percent of stress cracks and the stress crack index.
Miscellaneous Changes
FGIS proposes to revise the format of the grade chart in
Sec. 810.404, Grades and grade requirements for corn, to improve the
readability of the grade chart.
Proposed Action
FGIS proposes to revise Sec. 810.102, Definition of other terms, by
revising section (d), Test weight per bushel. It is proposed that TW in
corn be reported to the nearest tenth of a pound.
FGIS proposes to revise 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.
Comments including data, views, and arguments are solicited from
interested [[Page 9792]] 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
orally presented 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 Administrator, the public health,
interest, or safety require that they become effective sooner.
References
(1) Reid, J.F., Kim, C., and Paulsen, M.R. 1991, ``Computer Vision
Sensing of Stress Cracks in Corn Kernels'' ASAE, Sept/Oct, v.34 p.
8-9.
(2) Stroshine, R. 1991, ``Breakage Susceptibility Technology,
Uniformity by 2000,'' Scherer communications, Urbana. p. 410-416.
List of Subjects in 7 CFR Part 810
Exports, Grain.
For reasons set out in the preamble, 7 CFR Part 810 is proposed to
be 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. 2867, as amended (7 U.S.C.
71 et seq.).
2. Section 810.102(d) is revised to read as follows:
Sec. 810.102 Definition of other terms.
* * * * *
(d) Test-weight. 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 in the standards for corn,
mixed grain, oats, sorghum, and soybeans is determined on the original
sample. Test-weight in the standards for barley, flaxseed, rye,
sunflower seed, triticale, and wheat is determined after mechanically
cleaning the original sample. Test-weight is recorded to the nearest
tenth pound for corn, rye, triticale, and wheat. Test-weight for all
other grains, if applicable, is recorded in whole and half pounds with
a fraction of a half pound disregarded. Test-weight is not an official
factor for canola.
* * * * *
3. Section 810.404 is revised to read as follows:
Sec. 810.404 Grades and grade requirements for corn.
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Grades U.S. Nos.
Grading factors ----------------------------------------------------------------
1 2 3 4 5
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Maximum limits of:
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Test Weight (lbs/bu)........................... 56.0 54.0 52.0 49.0 46.0
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Maximum percent limits of:
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Damaged kernels Heat (part of total)........... 0.1 0.2 0.5 1.0 3.0
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Total.................................... 3.0 5.0 7.0 10.0 15.0
Broken corn and foreign material............... 2.0 3.0 4.0 5.0 7.0
Animal filth................................... 0.2 0.2 0.2 0.2 0.2
Stones......................................... 0.1 0.1 0.1 0.1 0.1
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Maximum count limits of:
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Other materials:
Castor beans............................... 1 1 1 1 1
Cockleburs................................. 7 7 7 7 7
Crotalaria seeds........................... 2 2 2 2 2
Glass...................................... 1 1 1 1 1
Unknown foreign substance.................. 3 3 3 3 3
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) Has a musty, sour, or commercially
objectionable foreign odor; or
(c) Is heating or otherwise of
distinctly low quality.
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Harold W. Davis,
Acting Administrator, Grain Inspection, Packers and Stockyards
Administration.
[FR Doc. 95-4183 Filed 2-21-95; 8:45 am]
BILLING CODE 3410-EN-M
