98-10768. United States Standards for Rye  

  • [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  
    ------------------------------------------------------------------------
                                                                            
    *                  *                  *                  *              
             *                  *                  *                        
    Dockage...........................  As specified by                  0.2
                                         contract or load                   
                                         order grade.                       
    ------------------------------------------------------------------------
    
    * * * * *
    
    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
    
    
    

Document Information

Effective Date:
6/1/1999
Published:
04/23/1998
Department:
Grain Inspection, Packers and Stockyards Administration
Entry Type:
Rule
Action:
Final rule.
Document Number:
98-10768
Dates:
June 1, 1999.
Pages:
20054-20056 (3 pages)
PDF File:
98-10768.pdf
CFR: (2)
7 CFR 800.86
7 CFR 810.104