94-5067. United States Standards for Soybeans  

  • [Federal Register Volume 59, Number 44 (Monday, March 7, 1994)]
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    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-5067]
    
    
    Federal Register / Vol. 59, No. 44 / Monday, March 7, 1994 /
    
    [[Page Unknown]]
    
    [Federal Register: March 7, 1994]
    
    
                                                        VOL. 59, NO. 44
    
                                                  Monday, March 7, 1994
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    DEPARTMENT OF AGRICULTURE
    
    Federal Grain Inspection Service
    
    7 CFR Part 810
    
    RIN 0580-AA14
    
     
    
    United States Standards for Soybeans
    
    AGENCY: Federal Grain Inspection Service, Agriculture.
    
    ACTION: Final rule.
    
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    SUMMARY: The Federal Grain Inspection Service (FGIS) is revising the 
    U.S. Standards for Soybeans to: report the percentage of splits in 
    tenths percent; reduce the U.S. Sample grade criteria for stones from 
    eight or more to four or more and reduce the U.S. Sample grade 
    aggregate weight criteria for stones from more than 0.2 percent by 
    weight to more than 0.1 percent by weight; reduce the U.S. Sample grade 
    criteria for pieces of glass from 2 to 0; eliminate the grade 
    limitation on purple mottled or stained soybeans and establish a 
    special grade, Purple Mottled or Stained, in the standards; eliminate 
    the grade limitation on soybeans that are materially weathered; clarify 
    the reference to Mixed soybeans in the standards; and establish a 
    cumulative total for factors which may cause a sample to grade U.S. 
    Sample grade.
    
    EFFECTIVE DATE: September 1, 1994.
    
    FOR FURTHER INFORMATION CONTACT: George Wollam, Federal Grain 
    Inspection Service, USDA, room 0624-S, Box 96454, Washington, DC 20090-
    6454. Telephone (202) 720-0292.
    
    SUPPLEMENTARY INFORMATION:
    
    Executive Order 12866
    
        The Department is issuing this rule in conformance with Executive 
    Order 12866. This rule has been determined to be not-significant for 
    purposes of Executive Order 12866 and therefore has not been reviewed 
    by OMB.
    
    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 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
    
        David R. Galliart, Acting Administrator, FGIS, has determined that 
    this final rule will not have a significant economic impact on a 
    substantial number of small entities because those persons who apply 
    the standards and most users of the inspection service do not meet the 
    requirements for small entities as defined in the Regulatory 
    Flexibility Act (5 U.S.C. 601 et seq.). Further, the standards are 
    applied equally to all entities.
    
    Information Collection and Recordkeeping Requirements
    
        In compliance with the Paperwork Reduction Act of 1980 (44 U.S.C. 
    chapter 35), the information collection and recordkeeping requirements 
    contained in this rule have been approved by OMB and assigned OMB No. 
    0580-0013.
    
    Background
    
        On July 2, 1991, FGIS proposed in the Federal Register (56 FR 
    30342) to revise the U.S. Standards for Soybeans by (1) changing 
    minimum test weight per bushel from a grade determining factor to a 
    nongrade determining factor; (2) reducing the foreign material limits 
    for grades U.S. Nos. 1 and 2 to 0.5 and 1.0 percent, respectively; (3) 
    reducing the grade limits for splits to 5.0, 10.0, 15.0, and 20.0 
    percent for U.S. Nos. 1, 2, 3, and 4 soybeans, respectively; (4) 
    reporting the percentage of splits in tenths percent; (5) reducing the 
    tolerance for stones from eight to four and eliminating the aggregate 
    weight option; (6) reducing the tolerance for pieces of glass from two 
    to zero; (7) eliminating the grade limitation on purple mottled or 
    stained soybeans and establishing a special grade, Purple Mottled or 
    Stained, in the standards; (8) eliminating the grade limitation on 
    soybeans that are materially weathered; (9) creating a new grade and 
    associated grade limits for U.S. Choice soybeans; (10) clarifying the 
    reference to Mixed soybeans in the standards; (11) establishing a 
    cumulative total for factors which may cause a sample to grade U.S. 
    Sample grade; and (12) reporting the oil and protein content on all 
    official lot inspection certificates for export soybean shipments. FGIS 
    further proposed to revise inspection plan tolerances for soybeans 
    based on the proposed changes.
    
    Comment Review
    
        FGIS received 1,770 comments during the 60-day comment period: 
    1,418 from soybean producers, 236 from grain handlers, 35 from foreign 
    firms and associations, 5 from university researchers, 1 from Congress, 
    and 75 from miscellaneous sources.
        FGIS also received 99 comments after the close of the comment 
    period: 69 from soybean producers, 20 from grain handlers, 1 from a 
    foreign association, 4 from Congress, and 5 from miscellaneous sources.
        On the basis of comments received during the comment period and 
    other available information, FGIS is implementing seven of the proposed 
    changes in the soybean standards. The following paragraphs address 
    comments received regarding the proposed changes.
    
    Minimum Test Weight Per Bushel (TW)
    
        FGIS received 84 comments (64 supporting and 20 opposing) on the 
    proposal to change TW from a grade determining factor to a nongrade 
    determining factor.
        Those supporting the proposal commented that TW is not a good 
    indicator of the oil and meal yield of processed soybeans. They 
    contended that other factors adequately reflect the quality of soybeans 
    for grade purposes. Those opposing the proposal, however, indicated 
    that they rely upon TW in making volume determinations and as a rough 
    indicator of overall soybean quality. One commentor representing an 
    association of grain handlers opposing the proposal stated that:
    
        Grade determining factors should not be limited only to end-use 
    values. Grain handlers depend on soybean grades to reflect other 
    issues including storability. We believe that test weight is an 
    important overall quality factor to both handlers and processors. 
    Deleting test weight as a grade factor would be inappropriate and 
    misleading.
    
        Furthermore, those opposed contended that a change in the status of 
    TW will create confusion among soybean importers given present trading 
    and marketing practices.
        While, as stated in the proposal, some question the value of TW as 
    a grade determining factor (Refs. 1 and 2), it is evident from the 
    comments that many in the industry do rely upon its grade determining 
    status, especially in view of present trading and marketing practices. 
    Considering its important use within the soybean industry, FGIS has 
    determined that TW should be retained as a grade determining factor to 
    facilitate trade. Since the status of TW will remain unchanged, it will 
    be unnecessary to move TW from table 17 to table 18 of Sec. 800.86 of 
    the regulations as proposed. If, at a later date, more information is 
    presented and/or the importance of TW as a grade determining factor 
    diminishes, FGIS will reconsider the status of TW.
    
    Foreign Material (FM)
    
        The majority of commentors chose only to comment on the proposal to 
    reduce the FM limits for grades U.S. Nos. 1 and 2 to 0.5 and 1.0 
    percent, respectively. Of the total 1,770 comments received, 1,763 or 
    99.6 percent commented on the FM proposal. Of these comments, 1,654 or 
    93.8 percent opposed the proposal with 1,312 or nearly 80 percent of 
    the opposition coming from the State of Illinois. The vast majority of 
    comments in opposition came in a form letter which claimed that:
    
        (1) Under the proposed standards 88 percent of the 1988 soybean 
    crop and 80 percent of the 1989 soybean crop would have been graded 
    lower than U.S. No. 1;
        (2) The proposed FM change will reduce the amount of money 
    soybean growers will receive for their soybeans;
        (3) Foreign buyers should use contract specifications to 
    communicate their need for FM levels other than those specified in 
    the standards;
        (4) Domestic processors have not complained about FM levels; and
        (5) It would be ``wise'' to await the results of the grain 
    cleaning study before the FM levels are changed.
    
        Individual producer comments from other States did not reflect 
    similar opposition. In fact, producer comments from other States 
    totaled 103 with 66 supporting and 37 opposing the proposal. 
    Furthermore, individual views of some Illinois farmers appeared to 
    contradict the claims of the form letter. Several farmers commented 
    that increased FM levels occur during handling after the farmer 
    delivers the soybeans to market.
        The American Farm Bureau Federation, the nation's largest general 
    farm organization, and the American Soybean Association, representing 
    approximately 31,000 soybean farmers in 29 States, supported the 
    reduced foreign material limits proposed for grades 1 and 2. In 
    general, they contend lower FM limits will (1) make U.S. soybeans more 
    competitive in the export market and (2) promote incentives to improve 
    quality.
        Two hundred thirty-three of the two hundred thirty-six comments 
    received from grain handlers, individuals, and large trade associations 
    opposed the proposal regarding FM. Three grain handlers did not address 
    the FM proposal. Grain handlers contended that the United States' 
    declining share of the world soybean market is directly related to U.S. 
    farm and trade policies which have discouraged domestic soybean 
    production and encouraged foreign buyers to diversify their soybean 
    sources. They further contend that if the price is competitive and the 
    intrinsic quality meets the customer's specifications, then the soybean 
    FM level can be negotiated as part of the contract terms. These 
    commenters contend that revising the FM limits in the soybean standards 
    will not necessarily result in cleaner exported soybeans. Rather, they 
    believe economic market forces will determine whether lower FM limits 
    are shipped. Thus, grain handlers conclude that lowering FM limits will 
    increase handling costs resulting in lower bids to farmers while doing 
    nothing to increase the U.S. share of the soybean export market.
        In contrast to grain handlers, all 35 comments received from 
    foreign buyers of U.S. soybeans supported the proposed FM grade limits. 
    These foreign buyers represent more than 60 percent of the U.S. export 
    soybean market. The Japan Oilseed Processors Association (JOPA) and the 
    EC Seed Crushers' and Oil Processors' Federation (FEDIOL), which 
    represent the major foreign users of U.S. soybeans, stated that a FM 
    reduction in U.S. soybeans is necessary to prevent further weakening of 
    the U.S. export soybean market share. As stated in the proposal, when 
    asked what guarantees would be given to increase exports if the FM 
    limits were lowered, a FEDIOL representative responded: ``The only 
    guarantee is that the EEC will buy fewer soybeans from the U.S. if FM 
    content remains at current levels.'' This opinion was reaffirmed in the 
    written FEDIOL comment on the proposal and during the testimony of a 
    FEDIOL representative at an October 29, 1991, Senate hearing on 
    ``Reducing Foreign Material Limits in Official Soybean Standards: 
    Economic and Competitive Impacts.'' The concerns of the foreign buyers 
    have also been expressed through foreign complaints filed with FGIS. 
    Over the past decade, foreign material has been a steady source of 
    complaints by foreign buyers of U.S. soybeans.
        In summary, producers have expressed differing opinions regarding 
    the FM proposal; elevator operators and others merchandizing and 
    handling soybeans have voiced strong opposition to the proposal; and 
    foreign buyers of U.S. soybeans have just as strongly supported the 
    proposal. A similar mixed opinion was expressed by the FGIS Advisory 
    Committee which voted eight to six to support the proposed FM change 
    during a September 1991 meeting.
        Due to the mixed opinions expressed both in the comments received 
    and by the FGIS Advisory Committee, FGIS has decided not to finalize 
    the FM limits.
        Further, in June 1990, FGIS funded a 3-year study through the USDA 
    Economic Research Service to determine the costs and benefits of 
    marketing cleaner wheat, corn, barley, sorghum, and soybeans. In 
    addition to identifying and quantifying the benefits and costs of 
    cleaning grain, the study will assess the need to establish new or 
    revise current factors, including FM, as related to grain cleanliness. 
    After the study is completed, FGIS will review this matter to determine 
    whether further changes to the standards should be proposed.
    
    Splits
    
        FGIS received 97 comments (16 supporting and 81 opposing) on the 
    proposal to reduce the grade limits for splits. Those supporting the 
    proposal indicated that the current limits for splits are rarely met, 
    and, therefore, the grade limits are of little value. Those opposed 
    stated that:
        (1) Research/data is lacking to justify a reduction of the 
    magnitude proposed;
        (2) Splits are not a discount factor in the domestic soybean 
    market;
        (3) The level of split soybeans has never been a major cause for 
    complaints about U.S. soybean exports; and
        (4) The inverse relationship of moisture and splits could give 
    incentive to increase moisture in order to reduce breakage.
        As originally stated in the proposed rule, FGIS believes that 
    storability and oil quality may be enhanced by a reduction in the 
    amount of splits in a lot of soybeans. FGIS, however, does not want to 
    encourage an increase in moisture of soybeans to inhibit splitting. 
    Accordingly, FGIS will not change the grade limits for splits.
        Finally, the percentage of splits in soybeans has traditionally 
    been reported in whole percents with fractions of a percent being 
    disregarded. Consequently, a soybean sample with 10.9 percent splits 
    would be reported as 10.0 percent. FGIS proposed that the percentage of 
    splits in soybeans be reported to the nearest tenth percent in 
    accordance with procedures set forth in section 810.104 of the 
    standards to better reflect normal rounding procedures. Those opposed 
    (12 comments) offered no reason for their opposition. Those in favor 
    (35 comments) of the proposal generally agreed with FGIS' reasoning. 
    Therefore, in accordance with the rationale set forth in the proposal, 
    FGIS will revise the soybean standards to report the percentage of 
    splits in soybeans to the nearest tenth percent.
    
    Stones
    
        FGIS received 45 comments (29 supporting and 16 opposing) on the 
    proposal to reduce the U.S. Sample grade criteria for stones from eight 
    or more to four or more and to eliminate the U.S. Sample grade 
    aggregate weight criteria. Those opposing the proposal offered no 
    justification for their opposition. Of the 29 commenters who supported 
    the proposal, 16 supported the proposal as stated and 13 supported the 
    proposal in part. Those who partially supported the proposal suggested 
    that the number of stones be reduced and that the aggregate weight 
    criteria be maintained and reduced. They indicated that aggregate 
    weight must be maintained so that size is qualified. One commenter 
    summarized this position by stating:
    
    
        * * * We request that an aggregate weight limit for stones (0.1 
    percent) be retained to prevent minuscule, inconsequential stone 
    particles from adversely affecting grade determinations.
    
    
        The following definition for stones is given in Sec. 810.102(c) of 
    the Official United States Standards for Grain.
    
    
        Concreted earthy or mineral matter and other substances of 
    similar hardness that do not disintegrate in water.
    
    
        The definition of stones prevents the potential for sand or other 
    similar particles from being classified as stones. Based on the 
    comments received, however, FGIS believes that sufficient concern 
    exists that a soybean lot could be downgraded due to the presence of a 
    few minuscule stones. At processing facilities, minuscule stones are 
    typically removed prior to crushing. FGIS believes, therefore, that the 
    presence of a few minuscule stones should not function as a downgrading 
    factor. A reduced weight limitation in combination with a count 
    limitation will serve to prevent a few small stones from affecting the 
    grade. FGIS, therefore, is revising the soybean standards to reduce the 
    U.S. Sample grade criteria for stones from eight or more to four or 
    more and reduce the aggregate weight option from more than 0.2 percent 
    by weight to more than 0.1 percent by weight.
    
    Glass
    
        FGIS received 69 comments (53 supporting and 16 opposing) on the 
    proposal to reduce the U.S. Sample grade criteria for pieces of glass 
    from 2 to 0. One commentor effectively summarized the views of those 
    who opposed the proposal to reduce the tolerance for pieces of glass 
    from 2 to 0. He stated that he had:
    
    
        * * * A philosophical problem specifying a zero tolerance for 
    factors not considered dangerous to human health and safety.
    
    
        Glass has a harmful effect on a soybean quality and processing. One 
    commentor supporting the proposal contended that:
    
    
        There is no reason for glass to be in soybeans, and if it is 
    there, it should be identified at any level.
    
    
        FGIS agrees that glass may adversely affect soybean quality and 
    processing. Furthermore, pieces of glass are rarely found in soybeans 
    and rarely cause a sample to grade U.S. Sample grade. FGIS believes 
    that this change will create an incentive to maintain the current 
    quality of soybeans in the future while having minimal economic impact 
    on the current market. Accordingly, FGIS is revising the soybeans 
    standards to reduce the U.S. Sample grade criteria for pieces of glass 
    from 2 to 0.
    
    Purple Mottled or Stained Soybeans
    
        FGIS received 75 comments (52 supporting and 23 opposing) on the 
    proposal to eliminate the grade limitation on purple mottled or stained 
    soybeans and establish a special grade, Purple Mottled or Stained. Most 
    of the opposing commentors offered no rationale for their opposition. 
    One commentor suggested that purple mottled or stained soybeans affect 
    both the free fatty acid content of the oil and the dehulling process. 
    FGIS has found no data or any other source supporting this statement. 
    Rather, those who supported FGIS' proposal generally agreed with the 
    justification as presented in the proposed rule. FGIS stated therein 
    that the fungus that causes purple mottling or staining colonizes only 
    the seed coat of the soybean. Neither the fungus nor the resultant 
    discoloration reduces kernel, oil, or feed quality. As a result of this 
    information and the comments received, FGIS will revise the soybean 
    standards to eliminate the grade limitation for purple mottled or 
    stained soybeans.
        Those who supported the FGIS proposal to eliminate the grade 
    limitation also supported the proposal to establish a special grade, 
    Purple Mottled or Stained, in the soybean standards. FGIS and these 
    commenters are in agreement that aesthetic factors, such as purple 
    mottled or stained, are important to some customers and, therefore, 
    have an associated economic value. Therefore, to satisfy the needs of 
    these specific customers, FGIS will revised the soybean standards to 
    include a special grade, Purple Mottled or Stained.
    
    Materially Weathered Soybeans
    
        FGIS received 70 comments (53 supporting and 17 opposing) on the 
    proposal to eliminate the grade limitation on soybeans that are 
    materially weathered. Most of those opposed to the proposal offered no 
    rationale for their opposition. One commentor, however, stated the 
    following:
    
        We feel you are sending out the wrong message here. What you 
    appear to be saying is that FGIS is not concerned about the 
    appearance of our beans. Granted it doesn't come into play very 
    often but when it does it is a very descriptive and meaningful term.
    
        FGIS disagrees with the above statement for two reasons: (1) FGIS 
    is concerned about both the quality and appearance of U.S. soybeans, 
    and (2) since the last soybean standards review in 1985, FGIS has 
    rarely found the need to limit the grade due to the amount of 
    materially weathered soybeans. The limitation on damaged kernels 
    appears to be an adequate control on overall damage so as to nullify 
    the use for the materially weathered grade limitation. Therefore, FGIS 
    does not view ``materially weathered'' as a meaningful and descriptive 
    term. As stated in the proposed rule and by many of the supporting 
    commentors, the factor limits for the other damages adequately convey 
    quality. FGIS is therefore revising the standards to eliminate the 
    grade limitation on soybeans that are materially weathered.
    
    Edible Grade Soybeans
    
        FGIS received 69 comments (33 supporting and 36 opposing) on the 
    proposal to create a new grade and associated grade limits for U.S. 
    Choice soybeans. Those supporting the proposal either generally 
    supported all changes or stated that they were not opposed to the 
    proposed change. One commenter stated that a new grade for edible 
    soybeans may satisfy a specific niche within the market. Those opposed 
    generally stated that the edible soybean market is small and that each 
    purchaser has very specific needs. One commenter who opposed the 
    proposal specifically stated the following:
    
        * * * I do not believe that consensus exists on what factors or 
    factor limits best describe ``edible-grade'' soybeans. Variability 
    of current contract specifications for food-grade soybeans suggests 
    that reaching consensus on a single grade is unlikely or even 
    impossible. Because food-grade soybean buyers and processors are 
    currently able to purchase soybeans meeting their specific needs 
    through their contract specifications, we suggest that a separate 
    grade is unnecessary and perhaps even misleading and confusing.
    
        FGIS agrees that the edible soybean market is very specialized. 
    Since specific needs vary, not only from country to country, but from 
    buyer to buyer within a country, FGIS agrees that the market can be 
    best served through contractual specifications. FGIS, therefore, will 
    not revise the standards to offer a new grade for edible soybeans.
    
    Mixed Soybeans
    
        FGIS received 64 comments (49 supporting and 15 opposing) on the 
    proposal to clarify the reference to Mixed soybeans in the standards. 
    Those opposing the proposal were generally opposed to many or all of 
    the proposed changes without offering specific reasons. Those who were 
    in favor of the proposed change agreed with FGIS that the reference to 
    Mixed soybeans is simply to clarify the soybean standards. As a result, 
    FGIS will amend Sec. 810.1604, Grades and grade requirements for 
    soybeans, to include a reference to Mixed soybeans. ``Soybeans of other 
    colors'' have been and will continue to be disregarded as a factor in 
    Mixed soybeans.
    
    Cumulative Sample Grade Factors
    
        FGIS received 71 comments (56 supporting and 15 opposing) on the 
    proposal to establish a cumulative total for factors which may cause a 
    sample to grade U.S. Sample grade. Those opposing the proposal did not 
    offer any specific rationale for their position. Many of the supporters 
    simply stated that they did not oppose the proposal. As stated in the 
    proposal, FGIS believes that a cumulative total limit will better 
    identify quality by designating a combination of deleterious material, 
    animal filth, and toxic substances as U.S. Sample grade. Accordingly, 
    FGIS is revising the soybean standards to establish the cumulative 
    total Sample grade criteria as proposed.
        FGIS will also revise the third footnote of the grade chart in 
    Sec. 810.1604, Grades and grade requirements for soybeans, as proposed 
    for clarity. The revision states that only the number of stones, and 
    not the weight of stones, will be considered in calculating the 
    cumulative total for factors which may cause a sample to grade U.S. 
    Sample grade. The third footnote is revised to read as follows:
    
        Includes any combination of animal filth, castor beans, 
    crotalaria seeds, glass, stones, and unknown foreign substances. The 
    weight of stones is not applicable for total other material.
    
    Oil and Protein
    
        FGIS received 86 comments (58 supporting and 28 opposing) on the 
    proposal to report the oil and protein content on all official lot 
    inspection certificates for export soybean shipments. Those opposing 
    the proposal generally commented that any cost associated with 
    mandatory oil and protein testing should be borne by those who request 
    the service. The commenters further stated that mandatory testing would 
    result in an unwarranted cost for all in the marketing system. One 
    commenter opposing the proposal stated that:
    
        Buyers and sellers should have the marketing flexibility to 
    determine through contract, if, which and how soybean oil and 
    protein determinations should be made.
    
        Another commenter stated that in the first quarter of the 1990/91 
    marketing year, 37 percent of foreign buyers had not requested oil and 
    protein testing by FGIS. ``Thus, the market is responding to the 
    availability of the service, which FGIS appropriately provides.'' Yet 
    another commenter suggested that mandating tests for oil and protein at 
    export would create dual standards for domestic and export sales of 
    soybeans.
        Those who supported the proposal, however, contended that the 
    current method of reporting oil and protein only upon request puts the 
    burden upon the buyer. One commenter supporting the proposal stated 
    that:
    
        I believe we can increase our competitive advantage in world 
    markets by providing this information automatically.
    
        Another commenter stated that not only could the U.S. improve its 
    competitive position, but mandatory reporting will generate market 
    signals that will help improve the composition of U.S. soybeans and 
    thus make them more competitive.
        While, as stated in the proposal, FGIS recognizes that oil and 
    protein tests provide important information regarding soybean quality, 
    it is evident that many in the industry are satisfied with the upon-
    request status of the tests. For the first half of the 1992/93 
    marketing year, FGIS inspected 66 percent of export soybeans for oil 
    and protein content. The number of requests indicates that foreign 
    purchasers and/or exporters are effectively requesting oil and protein 
    tests, as needed, within the framework of the current inspection 
    system. Therefore, at this time, FGIS believes that mandatory testing 
    would place an unnecessary burden on the inspection system and would 
    provide some foreign purchasers with unnecessary information. If, at a 
    later date, more information is presented which indicates that 
    mandatory oil and protein testing at export would facilitate marketing, 
    FGIS will reconsider the status of oil and protein testing.
        The proposed revisions of Sec. 810.102, Definition of other terms 
    to add sections (c) oil and (d) protein and redesignate sections (c), 
    (d), and (e) as (e), (f), and (g) will be unnecessary because FGIS will 
    not report oil and protein content on all official lot inspection 
    certificates for export soybean shipments.
    
    Miscellaneous Changes
    
        FGIS proposed to revise the format of the grade chart in 
    Sec. 810.1604, Grades and grade requirements for soybeans, to improve 
    the readability of the grade chart. FGIS also proposed to revise the 
    authority citation for part 810. No comments were received on these 
    proposals and, as a result FGIS will revise the soybean standards in 
    this regard as proposed.
    
    Inspection Plan Tolerances
    
        Shiplots, unit trains, and lash barge lots are inspected by a 
    statistically-based inspection plan (55 FR 24030; June 13, 1990). 
    Inspection tolerances, commonly referred to as breakpoints, are used to 
    determine acceptable quality. No changes in the breakpoints as proposed 
    will be necessary because FGIS will not revise the FM grade limits for 
    U.S. Nos. 1 and 2 soybeans, establish a new grade for U.S. Choice 
    soybeans, nor revise the grade limits for splits.
    
    Final Action
    
        On the basis of these comments and other available information, 
    FGIS has decided to revise the soybean standards as proposed with the 
    exception of the reduction in the FM grade limits for U.S. Nos. 1 and 
    2, the change in TW from a grade determining factor to a nongrade 
    determining factor, the reduction in the grade limits for splits, the 
    elimination of the aggregate weight option for stones, the creation of 
    a new grade for U.S. Choice soybeans, and the reporting of oil and 
    protein content on all official lot inspection certificates for export 
    soybean shipments.
        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, it has been 
    determined that in the public interest the revision becomes effective 
    September 1, 1994. This effective date will coincide with the beginning 
    of the 1994 crop year and facilitate domestic and export marketing of 
    soybeans.
    
    References
    
        (1) Hill, L.D., ``Changes in the Grain Standards Act,'' Grain 
    Grades and Standards, 113-184.
        (2) West, V.I., ``How Good Are Soybean Grades?,'' Illinois Farm 
    Economics, No. 192, Extension Service in Agriculture and Home 
    Economics, College of Agriculture, University of Illinois, May 1951, 
    p. 1166.
    
    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. 2867 as amended (7 U.S,C. 71 
    et. seq.)
    
    Subpart I--United States Standards for Soybeans
    
        2. In Sec. 810.104 the first sentence of paragraph (b) is revised 
    to read as follows:
    
    
    Sec. 810.104  Percentages.
    
    * * * * *
        (b) Recording. The percentage of dockage in barley, flaxseed, rye, 
    and sorghum are reported in whole percents with fractions of a percent 
    being disregarded. * * *
    * * * * *
        3. Section 810.1604 is revised to read as follows:
    
    
    Sec. 810.1604  Grades and grade requirements for soybeans.
    
    ------------------------------------------------------------------------
                                           Grades U.S. Nos.                 
      Grading factors    ---------------------------------------------------
                               1            2            3            4     
    ------------------------------------------------------------------------
                                       Minimum pound limits of:             
                                                                            
                         ---------------------------------------------------
    Minimum test weight                                                     
     per bushel.........         56.0         54.0         52.0         49.0
                                                                            
                         ---------------------------------------------------
                                      Maximum percent limits of:            
                                                                            
                         ---------------------------------------------------
    Damaged kernels:                                                        
        Heat (part of                                                       
         total).........          0.2          0.5          1.0          3.0
        Total...........          2.0          3.0          5.0          8.0
        Foreign material          1.0          2.0          3.0          5.0
        Splits..........         10.0         20.0         30.0         40.0
        Soybeans of                                                         
         other colors\1\          1.0          2.0          5.0         10.0
                                                                            
                         ---------------------------------------------------
                                       Maximum count limits of:             
                                                                            
                         ---------------------------------------------------
    Other material:                                                         
        Animal filth....            9            9            9            9
        Castor beans....            1            1            1            1
        Crotalaria seeds            2            2            2            2
        Glass...........            0            0            0            0
        Stones\2\.......            3            3            3            3
        Unknown foreign                                                     
         substance......            3            3            3            3
        Total\3\........           10           10           10          10 
    ------------------------------------------------------------------------
    U.S. Sample grade Soybeans that:                                        
    (a) Do not meet the requirements for U.S. Nos. 1, 2, 3, or 4; or        
    (b) Have a musty, sour, or commercially objectionable foreign odor      
      (except garlic odor); or                                              
    (c) Are heating or of distinctly low quality.                           
    \1\Disregard for Mixed soybeans.                                        
    \2\In addition to the maximum count limit, stones must exceed 0.1       
      percent of the sample weight.                                         
    \3\Includes any combination of animal filth, castor beans, crotalaria   
      seeds, glass, stones, and unknown foreign substances. The weight of   
      stones is not applicable for total other material.                    
    
        4. Section 810.1605 is amended by designating the text as paragraph 
    (a) and by adding paragraph (b).
    
    
    Sec. 810.1605  Special grades and special grade requirements.
    
        (a) Garlicky soybeans. * * *
        (b) Purple mottled or stained soybeans. Soybeans with pink or 
    purple seed coats as determined on a portion of approximately 400 grams 
    with the use of an FGIS Interpretive Line Photograph.
    
        Dated: February 28, 1994.
    David R. Galliart,
    Acting Administrator.
    [FR Doc. 94-5067 Filed 3-4-94; 8:45 am]
    BILLING CODE 3410-EN-M
    
    
    

Document Information

Published:
03/07/1994
Department:
Grain Inspection, Packers and Stockyards Administration
Entry Type:
Uncategorized Document
Action:
Final rule.
Document Number:
94-5067
Dates:
September 1, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: March 7, 1994
RINs:
0580-AA14
CFR: (3)
7 CFR 810.104
7 CFR 810.1604
7 CFR 810.1605