[Federal Register Volume 63, Number 125 (Tuesday, June 30, 1998)]
[Rules and Regulations]
[Pages 35502-35505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16966]
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DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and Stockyards Administration
7 CFR Parts 800 and 801
RIN 0580-AA62
Official Testing Service for Corn Oil, Protein, and Starch
AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA.
ACTION: Interim rule with request for comment.
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SUMMARY: The Grain Inspection, Packers and Stockyards Administration
(GIPSA) is extending the use of the currently approved near-infrared
spectroscopy (NIRS) analyzers in its official inspection program to
include testing of corn for oil, protein, and starch content. GIPSA is
incorporating by reference the Corn Refiners Association Method A-20,
Starch method, into the regulations and will use it as the chemical
reference method for determining the starch content in corn. To recover
the cost of providing this service, GIPSA is establishing a fee
identical to the fees already established for other near-infrared
spectroscopy measurements (wheat protein and soybean oil and protein).
GIPSA is offering this service to meet a market demand for reliable
official testing procedures created by anticipated increases in high-
oil corn (HOC) production.
DATES: This interim rule is effective July 1, 1998. To be assured of
consideration, written comments must be filed before July 30, 1998.
The incorporation by reference of Analysis for Starch in Corn,
Method A-20, 2nd revision, April 15, 1986, Standard Analytical Methods
of the Member Companies of the Corn Refiners Association, Inc., listed
in the rule is approved by the Director of the Federal Register as of
July 1, 1998.
ADDRESSES: Written comments must be sent to Sharon Vassiliades, GIPSA,
USDA, STOP 3649, Washington, DC 20250-3649; FAX to (202) 720-4628; or
e-mail svassili@fgisdc.usda.gov.
[[Page 35503]]
All comments received will be made available for public inspection
in Room 0623, USDA South Building, 1400 Independence Avenue, SW,
Washington, DC, during business hours (7 CFR 1.27(b)).
FOR FURTHER INFORMATION CONTACT: John Giler, GIPSA, USDA, Room 1661-S,
STOP 3632, Washington, DC, 20250-3632; telephone (202) 720-0252; or E-
mail jgiler@fgisdc.usda.gov.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This interim rule has been determined to be not significant for
purposes of Executive Order 12866 and, therefore, has not been reviewed
by OMB.
Executive Order 12988
This interim rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This action is not intended to have a retroactive
effect. The USGSA 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 USGSA.
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.
Effect on Small Entities
The Administrator of GIPSA has determined that this rule will not
have a significant impact on a substantial number of small entities as
defined in the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
This rule establishes tolerances to expand the use of currently
approved near-infrared spectroscopy analyzers to test corn for oil,
protein, and starch content and to establish a fee identical to the
fees already established for wheat protein and soybean oil and protein
testing services. Currently, near-infrared spectroscopy analyzers are
being used to determine protein in wheat and protein and oil in soybean
in both domestic and export markets. There are 57 official agencies (49
private entities, 8 States) designated by GIPSA to perform official
grain inspection services. In addition, there are 8 delegated States.
Most of the agencies could be considered small entities under Small
Business Administration criteria.
The extent to which these agencies will choose to provide this
service is difficult to quantify because GIPSA is offering this service
on a request basis and locations where service is requested
infrequently may make arrangements with a neighboring agency to provide
the service (7 CFR 800.196(g)(1)). GIPSA believes that offering this
service would have a beneficial effect on those agencies electing to
provide the service.
For the 1998 crop year, the U.S. Feed Grains Council's production
information estimated that approximately 1,250,000 acres were planted
in high-oil corn, of which 40 to 50 percent is under contract.
Currently, producers, grain handlers, exporters, and feedlot operators
rely primarily on private laboratories to determine percent oil,
protein, and starch in corn. Many of the producers, grain handlers,
exporters, and feedlot operators may be considered small entities under
Small Business criteria. Further, grain handlers and exporters are
using this information to determine value and premiums. The extent to
which these entities will request the official testing of corn for oil,
protein, and starch or the impact of offering this service is difficult
to quantify. GIPSA believes that corn producers, feedlot operators,
grain handlers, and exporters will rely on the official system to
provide reliable testing procedures and accurate results that the
market can rely on to negotiate price, value, and premium.
Fees will be charged for these official services. The fees charged
by GIPSA will be $1.50 per test when the test is performed at the
applicant's facility, $8.00 per test if the test is performed
elsewhere, and $15.75 for an appeal. These fees are the same as fees
charged for similar tests and their impact on applicants for services
will vary depending upon usage since these tests are on a request
basis.
Information Collection and Recordkeeping Requirements
In accordance with the Paperwork Reduction Act of 1995, the
recordkeeping and reporting burden imposed by Parts 800 and 801 was
previously approved by OMB under control number 0580-0013 and will not
be affected by this rule.
Background
In its 1996-97 report, Value-Enhanced Corn Quality Report, dated
April 1997, the U.S. Feed Grains Council estimated that value-enhanced
corn (VEC) was produced on 2.3 to 2.8 million acres (representing 3.2
to 3.8 percent of the U.S. harvested acreage). VEC includes waxy corn,
high-lysine and other essential amino acid corn, hard endosperm corn,
popcorn, sweet corn, white corn, and high-oil corn. The report projects
the U.S. acreage of VEC to remain essentially unchanged, with the
exception of high-oil corn, which is considered the fastest growing VEC
produced in the marketplace. The report stated that more than 1 million
acres of high-oil corn is projected for the 1998 crop year (up from
virtually none in 1993), is expected to more than double (2.5 million
acres) in 1999, and to reach 3 million acres by 2000. High-oil corn
will continue to be a significant part of the VEC produced and traded
in the marketplace.
High-oil corn is used by livestock feeders to replace animal fat
previously added to livestock rations and to help the animals gain
weight more quickly. U.S. No. 2 corn typically averages less than 4.5
percent oil content, while high-oil corn can contain up to 8.0 percent.
At this time, depending on the oil content, high-oil corn premiums
range from 5 to 24 cents per bushel. High-oil corn is almost
exclusively grown through contracts with livestock feeders or companies
that will export the grain.
For several years, high-oil corn processors and producers have
expressed an interest in having corn officially analyzed for oil,
protein, and starch content. GIPSA's goal is to provide the corn
industry with accurate results that the market can rely on to negotiate
price, value, and premium.
GIPSA investigated a near-infrared spectroscopy (NIRS) calibration
for use with currently approved near-infrared transmittance (NIRT)
analyzers using 92 corn samples representing oil, protein, and starch
ranges of 4.0 to 8.5 percent, 8.0 to 12.0 percent, and 64 to 72 percent
(dry basis), respectively. Calibration performance data were
statistically analyzed for the sample set. The standard deviation of
differences (SDD) between near-infrared spectroscopy oil values and
official solvent oil extraction reference results, was 0.44. A
comparison of NIRT analyzer protein values and official combustion
nitrogen analyzer reference results yielded an SDD of 0.40. The SDD
between near-infrared spectroscopy analyzer starch predictions and
reference values obtained using Corn Refiners Association Method A-20,
was 2.20. GIPSA has determined that this level of accuracy is
commensurate with prospective official customer needs. To further
assure the performance of the NIRT analyzer for corn measurements,
GIPSA is establishing the maintenance tolerances for corn oil content
at 0.20 percent mean deviation from the national standard
NIRS instruments, which are referenced and calibrated to the FGIS
solvent oil extraction method; for protein content at 0.30
percent mean deviation from the national standard NIRS instruments,
which are
[[Page 35504]]
referenced and calibrated to the Combustion method, AOAC International
Method 992.23; and for starch content at 0.35 percent mean
deviation from the national standard NIRS instruments, which are
referenced and calibrated to the Starch method, Corn Refiners
Association Method A-20.
This rule incorporates by reference the Corn Refiners Association
Method A-20, Starch method, into the regulations. GIPSA will use the
Starch method as the chemical reference method for determining the
starch content in corn.
GIPSA is announcing the implementation of corn oil, protein, and
starch testing services as an official criterion effective July 1,
1998. Upon a request for service, official inspection personnel will
determine corn oil, protein, and starch under the authority of the
USGSA. Percent oil, protein, and starch will be reported to the nearest
tenth percent on a dry matter basis (zero moisture basis) unless
another moisture basis is requested.
GIPSA is required to collect fees for providing official testing
service to cover, as nearly as practicable, GIPSA's costs for
performing the service, including related administrative and
supervisory costs. Testing procedures and time necessary to determine
oil, protein, and starch in corn using the approved NIRT analyzers are
the same as those required for NIRT wheat protein or NIRT soybean oil
and protein determinations. Therefore, GIPSA has decided to collect
fees identical to the fees established for NIRT wheat protein or NIRT
soybean oil and protein testing services. These fees will be $1.50 per
test when the service is performed at an applicant's facility in an
onsite FGIS laboratory; $8.00 per test when an original inspection
service is performed at a location other than an applicant's facility
in an FGIS laboratory; and $15.75 per test when an appeal inspection
service is performed at a location other than an applicant's facility
in an FGIS laboratory.
GIPSA is revising Sec. 800.71 to establish fees for corn oil,
protein, and starch testing services.
GIPSA is also revising Sec. 801.7 to establish tolerances for corn
oil, protein, and starch analyzers.
Pursuant to 5 U.S.C. 553, it is found and determined upon good
cause that it is unnecessary and contrary to public interest to give
preliminary notice prior to putting this rule into effect and that good
cause exists for not postponing the effective date of this rule until
30 days after publication in the Federal Register because: (1) this
rule merely expands utilization of currently approved technology to
offer additional services to the industry and establishes tolerances
for that service; (2) the corn market year begins July 1, 1998, and the
service should be in effect to allow its use at the beginning of the
marketing year; and (3) this rule provides a 30-day opportunity for
comment and all written comments timely received will be considered
prior to finalization of the rule.
A 30-day comment period is deemed appropriate because the corn
market year begins on July 1, 1998, and this rule should be made final
as soon as possible during the beginning of the 1998 year.
List of Subjects in 7 CFR Parts 800 and 801
Grains, Incorporation by reference.
For the reasons set out in the preamble, 7 CFR Parts 800 and 801
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 800.71 is amended by revising Table 1(2) (i through x)
and adding (xi) and revising Table 2(1)(v) and (2)(ii) in Schedule A of
paragraph (a) to read as follows:
Sec. 800.71 Fees Assessed by the Service.
(a) * * *
Schedule A.--Fees for Official Inspection and Weighing Services
Performed in the United States
Table 1.--* * *
(2) * * *
(i) Aflatoxin (other than Thin Layer Chromatography).......... $8.50
(ii) Aflatoxin (Thin Layer Chromatography method)............. 20.00
(iii) Corn oil, protein, and starch (one or any combination).. 1.50
(iv) Soybean protein and oil (one or both).................... 1.50
(v) Wheat protein (per test).................................. 1.50
(vi) Sunflower oil (per test)................................. 1.50
(vii) Vomitoxin (qualitative)................................. 7.50
(viii) Vomitoxin (quantitative)............................... 12.50
(ix) Waxy corn (per test)..................................... 1.50
(x) Fees for other tests not listed above will be based on the
lowest noncontract hourly rates..............................
(xi) Other services
(a) Class Y Weighing (per carrier)
(1) Truck/container..................................... .30
(2) Railcar............................................. 1.25
(3) Barge............................................... 2.50
* * * * *
Table 2.--* * *
(1) * * *
(v) Additional tests (excludes sampling)
(a) Aflatoxin (per test--other than TLC method)........... $25.50
(b) Aflatoxin (per test--TLC method)...................... 101.50
(c) Corn oil, protein, and starch (one or any combination) 8.00
(d) Soybean protein and oil (one or both)................. 8.00
(e) Wheat protein (per test).............................. 8.00
(f) Sunflower oil (per test).............................. 8.00
(g) Vomitoxin (qualitative)............................... 26.00
(h) Vomitoxin (quantitative).............................. 31.00
(i) Waxy corn (per test).................................. 9.25
(j) Canola (per test--00 dip test)........................ 9.25
(k) Pesticide Residue Testing \3\.........................
(1) Routine Compounds (per sample)...................... 200.00
(2) Special Compounds (per service representative)...... 100.00
(l) Fees for other tests not listed above will be based on
the lowest noncontract hourly rate from Table 1.
(2) * * *
(ii) Additional tests (assessed in addition to all other
applicable fees)
(a) Aflatoxin (per test, other than TLC).................. $25.75
(b) Aflatoxin (TLC)....................................... 111.00
(c) Corn oil, protein, and starch (one or any combination) 15.75
(d) Soybean protein and oil (one or both)................. 15.75
(e) Wheat protein (per test).............................. 15.75
(f) Sunflower oil (per test).............................. 15.75
(g) Vomitoxin (per test--qualitative)..................... 36.00
(h) Vomitoxin (per test--quantitative).................... 41.00
(i) Vomitoxin (per test--HPLC Board Appeal)............... 128.00
(j) Pesticide Residue Testing \3\.........................
(1) Routine Compounds (per sample)...................... 200.00
(2) Special Compounds (per service representative)...... 100.00
(k) Fees for other tests not listed above will be based on
the lowest noncontract hourly rate from Table 1.
* * * * *
* * * * *
\3\ If performed outside of normal business, 1\1/2\ times the applicable
unit fee will be charged.
* * * * *
PART 801--[AMENDED]
3. The authority for Part 801 continues to read:
Authority: Pub. L. 94-582, 90 Stat. 2867, as amended (7 U.S.C.
71, et seq.)
4. Section 801.7 is revised to read as follows:
[[Page 35505]]
Sec. 801.7 Reference methods and tolerances for near-infrared
spectroscopy (NIRS) analyzers.
(a) Reference methods. (1) The chemical reference protein
determinations used to reference and calibrate official NIRS
instruments shall be performed in accordance with ``Comparison of
Kjeldahl Method for Determination of Crude Protein in Cereal Grains and
Oilseeds with Generic Combustion Method: Collaborative Study,'' July/
August 1993, Ronald Bicsak, Journal of AOAC International Vol. 76, No.
4, 1993, and subsequently approved by the AOAC International as the
Combustion method, AOAC International Method 992.23. This incorporation
by reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be
obtained from Director, Technical Services Division, Federal Grain
Inspection Service, 10383 North Executive Hills Blvd., Kansas City, MO
64153-1394. Copies may be inspected at the above address or at the
Office of the Federal Register, 800 North Capitol Street, NW., 7th
Floor, Suite 700, Washington, DC 20408.
(2) The chemical reference starch determination used to reference
and calibrate official NIRS instruments shall be performed in
accordance with the Corn Refiners Association Method A-20, Analysis for
Starch in Corn, Second revision, April 15, 1986, Standard Analytical
Methods of the Member Companies of the Corn Refiners Association, Inc.
This incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Copies may be obtained from Director, Technical Services Division,
Federal Grain Inspection Service, 10383 North Executive Hills Blvd.,
Kansas City, MO 64153-1394. Copies may be inspected at the above
address or at the Office of the Federal Register, 800 North Capitol
Street, NW., 7th Floor, Suite 700, Washington, DC 20408.
(b) Tolerances (1) NIRS wheat protein analyzers. The maintenance
tolerances for the NIRS analyzers used in performing official
inspections for determination of wheat protein content shall be
0.15 percent mean deviation from the national standard NIRS
instruments, which are referenced and calibrated to the Combustion
method, AOAC International Method 992.23.
(2) NIRS soybean oil and protein analyzers. The maintenance
tolerances for the NIRS analyzers used in performing official
inspections for determination of soybean oil shall be 0.20
percent mean deviation from the national standard NIRS instruments,
which are referenced and calibrated to the FGIS solvent oil extraction
method; and for determination of protein content shall be
0.20 percent mean deviation from the national standard NIRS
instruments, which are referenced and calibrated to the Combustion
method, AOAC International Method 992.23.
(3) NIRS corn oil, protein, and starch analyzers. The maintenance
tolerances for the NIRS analyzers used in performing official
inspections for determination of corn oil shall be 0.20
percent mean deviation from the national standard NIRS instruments,
which are referenced and calibrated to the FGIS solvent oil extraction
method; for determination of protein content shall be 0.30
percent mean deviation from the national standard NIRS instruments,
which are referenced and calibrated to the Combustion method, AOAC
International Method 992.23; and for determination of starch content
shall be 0.35 percent mean deviation from the national
standard NIRS instruments, which are referenced and calibrated to the
Starch method, Corn Refiners Association Method A-20.
Dated: June 19, 1998.
David R. Shipman,
Acting Administrator, Grain Inspection, Packers and Stockyards
Administration.
[FR Doc. 98-16966 Filed 6-29-98; 8:45 am]
BILLING CODE 3410-EN-P
