[Federal Register Volume 60, Number 55 (Wednesday, March 22, 1995)]
[Proposed Rules]
[Pages 15075-15082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6905]



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DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration

7 CFR Parts 800 and 810

RIN 0580-AA14


United States Standards for Barley

AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA.

ACTION: Proposed rule.

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SUMMARY: In its periodic review of existing regulations, the Grain 
Inspection, Packers and Stockyards Administration (GIPSA) proposes to 
amend the United States Standards for Barley by: Modifying the 
classification system of barley to better reflect current marketing 
practices by establishing two classes, ``Malting barley and Barley''; 
revising procedures to permit applicants the option of requesting 
either the malting standards or barley standards for malting types; 
revising the standards for Two-rowed Malting barley by removing the 
``U.S. Choice'' grade designation and also combining the grading 
factors and limits for two- and six-rowed malting types onto a single 
grade chart; Amending the definition for suitable malting type to 
include other proprietary malting varieties used by private malting and 
brewing companies; revising the dockage certification procedure by 
reporting results in half and whole percent with a fraction less than 
one-half percent being disregarded; amending the definition of thins to 
require the use of a single sieve (\5/64\ x \3/4\ slotted-hole) only in 
the proposed class Barley and removing the grading limits from the 
standards; however, the level of thins will continue to be reported on 
the inspection certificate; revising the standards by removing the 
grading limits for damaged kernels, heat damaged kernels, and foreign 
material in the proposed class Barley; and eliminating the numerical 
grade restriction for badly stained and materially weathered from the 
standards. GIPSA further proposes to amend the inspection plan 
tolerances based on these proposed changes.
    The objective of this review is to ensure that the barley standards 
are serving their intended purpose, are clear, and are consistent with 
GIPSA policy and authority.

DATES: Comments must be submitted on or before May 22, 1995.

ADDRESSES: Written comments must be submitted to George Wollam, GIPSA, 
USDA, Room 0623, South Building, PO Box 96454, Washington, DC, 20090-
6454; FAX (202) 720-4628.
    All comments received will be made available for public inspection 
at Room 0624 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; FAX (202) 720-4628.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    The Department is issuing this rule in conformance with Executive 
Order 12866.

Executive Order 12778

    This proposed 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 proposed 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

    James R. 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. 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.

Information Collection Requirements

    In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C. 
Chapter 35), the information collection requirements contained in the 
rule to be amended have been previously approved by OMB under control 
number 0580-0013.

Background

    During December 1991, the Federal Grain Inspection Service (FGIS), 
which is now part of GIPSA, distributed a discussion paper concerning 
the U.S. Standards for Barley. This paper addressed several issues 
relating to the standards and served as a starting point for 
discussions with producers, trade associations, processors, maltsters, 
brewers, 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 barley discussion paper; 
in fact, several industry officials suggested that FGIS develop and 
distribute similar documents before amending other marketing standards.
    FGIS received a total of 13 written comments concerning the 
discussion paper: 1 from a malting company; 1 from a barley trade 
association that represents the major U.S. malting and brewing 
companies; 1 from a barley feed processor; 1 from a major feed grain 
association; 7 from producer organizations and associations; 1 from a 
grain handler; and 1 from a grain inspection/weighing association.
    FGIS also reviewed the barley discussion paper with the FGIS 
Advisory Committee and the Grain Quality Workshop in January 1992. In 
addition, FGIS personnel participated in an industry sponsored forum in 
Pasco, Washington in May 1993 to gather further information on the need 
for changes to the barley standards. FGIS also considered ideas 
received during the normalcourse of business, recommendations from 
internal management and program reviews, and various other sources.
    Based on the comments received and other available information, 
GIPSA is proposing eight changes to the barley standards that reflect 
current market needs and also serve to improve the effectiveness of the 
standards. The proposed amendments include: (1) Modifying the 
classification system of barley to better reflect current marketing 
practices by establishing two classes, ``Malting barley and Barley''; 
(2) revising procedures to permit applicants the option of requesting 
either the malting standards or barley standards for malting types; (3) 
revising the standards for Two-rowed Malting barley by removing the 
``U.S. Choice'' grade designation and also combining the grading 
factors and limits for two- and six-rowed malting types onto a single 
grade chart; (4) amending the definition for suitable malting type to 
include other proprietary malting varieties used by private malting and 
brewing companies; (5) revising the dockage certification procedure by 
reporting results in half and whole percent with [[Page 15076]] a 
fraction less than one-half percent being disregarded; (6) amending the 
definition of thins to require the use of a single sieve (\5/64\ x \3/
4\ slotted-hole) only in the proposed class ``Barley'' and removing the 
grading limits from the standards; however, the level of thins will 
continue to be reported on the inspection certificate; (7) revising the 
standards by removing the grading limits for damaged kernels, heat-
damaged kernels, and foreign material in the proposed class ``Barley''; 
and (8) eliminating the numerical grade restriction for badly stained 
and materially weathered from the standards. Furthermore, this proposal 
amends inspection plan tolerances based on the proposed revisions to 
the standards.

Barley Classification

    GIPSA proposes to amend the barley classification system in 7 CFR 
810.202, paragraph (c), by establishing two classes of barley. 
Specifically, a new class ``Malting barley'' will be divided into three 
subclasses, Six-rowed Malting barley, Six-rowed Blue Malting barley, 
and Two-rowed Malting barley. Additionally, the new class ``Barley'' 
will be divided into three subclasses, Six-rowed barley, Two-rowed 
barley, and Barley. GIPSA believes these changes will assist in 
simplifying the barley standards.
    The present barley classification system was introduced into the 
standards during the 1974 revisions. Prior to 1974, barley was classed 
based on production areas (i.e., east of the Rocky Mountains and Alaska 
was classed ``Barley'' and barley grown west of the Rocky Mountains was 
classed ``Western barley''). The 1974 review of the standards 
determined that the production area was not the best method for 
identifying barley classes. Accordingly, the classing procedure was 
revised and kernel characteristics were established as the basis for 
this determination. Present-day standards divide barley into the three 
classes; Six-rowed barley, Two-rowed barley, and Barley. The class Six-
rowed barley is divided into three subclasses; Six-rowed Malting 
barley, Six-rowed Blue Malting barley, and Six-rowed barley. The class 
Two-rowed barley is divided into two subclasses; Two-rowed Malting 
barley and Two-rowed barley. The class Barley has no subclasses.
    GIPSA believes that the existing barley classing system may not 
reflect current marketing practices. That is, barley produced in the 
United States is used primarily as livestock feed or for malting. 
Consequently, GIPSA believes that the barley classing system should be 
structured in a manner consistent with current trading practices. 
Therefore, GIPSA proposes to revise the classification system for 
barley by establishing two classes; Malting barley and Barley. The 
Malting class will be divided into three subclasses, Six-rowed Malting 
barley, Six-rowed Blue Malting barley, and Two-rowed Malting barley. 
The Barley class will be divided into three subclasses, Six-rowed 
barley, Two-rowed barley, and Barley.

Applying the Malting Standards

    GIPSA proposes to amend the subclass definitions for Six-rowed 
barley and Two-rowed barley in 7 CFR part 810.202, paragraphs 
(c)(1)(iii) and (c)(2)(ii) by deleting the reference to Malting barley. 
This change is needed to permit applicants the option of requesting 
either the malting standards or the barley standards for malting types.
    The present standards require official personnel to initially apply 
the Malting barley requirements and assign grades covered in 7 CFR 
810.206 only if the sample fails to meet the malting criteria. This 
policy is based on the subclass definitions for Six- and Two-rowed 
barley. The subclass definitions for Six- and Two-rowed barley state, 
in part, that barley not meeting the applicable subclass requirement 
for malting shall be graded using the 7 CFR 810.206 grade chart.
    GIPSA believes the present practice of initially applying the 
malting standards hampers inspection efficiency and may create market 
disruptions for malting varieties that are used for other purposes. 
Labeling barley as malting when it is being marketed for another use 
causes confusion and could lead to unnecessary marketing complications.
    Therefore, GIPSA proposes to amend the subclass definitions for 
Six- and Two-rowed barley to provide the inspection system greater 
flexibility in meeting the market needs. This proposed amendment will 
also bring existing standards more in line with today's marketing 
practices for Malting barley.

U.S. ``Choice Grade Designations''

    GIPSA proposes to revise 7 CFR 810.205 by removing the U.S. No. 1 
``Choice'' grade designation from the chart. The factors and limits 
pertaining to the ``Choice'' grade will be retained. This revision is 
being sought to bring more consistency between the standards for two- 
and six-rowed malting types.
    The current Two-rowed Malting barley standard includes a U.S. No. 1 
``Choice'' grade designation. The Six-rowed Malting barley standard 
does not include a similar grade. The differences between No. 1 
``Choice'' Two-rowed Malting barley and No. 1 Two-rowed Malting barley 
are reflected in the test weight, skinned and broken kernels, and the 
thin barley grade units.
    GIPSA believes that the factors and limits for the ``Choice'' grade 
designation are important to producers, maltsters, and brewers. 
Furthermore, GIPSA believes that the quality requirements in the 
standards for Six- and Two-rowed Malting barley should be more 
consistent in order to eliminate confusion in the marketplace and to 
provide more meaningful information to our customers. Therefore, GIPSA 
proposes to delete the U.S. No. 1 ``Choice'' grade designation from 7 
CFR 810.205 for Two-rowed Malting barley, but retain the factors and 
limits as the U.S. No. 1 grade.

Malting Barley Grading Charts

    GIPSA proposes to revise the grade requirements in 7 CFR 810.204 
and 810.205 by: (a) Combining the factors and limits for Two- and Six-
rowed Malting barley onto a single grade chart; (b) establishing four 
numerical grades for all Malting barley; (c) establishing separate 
grade limits for test weight, suitable malting types, sound barley, 
skinned and broken kernels, and thin barley for two- and six-rowed 
malting types; (d) applying the current damaged kernels grade limits in 
Six-rowed Malting barley to Two-rowed Malting barley and also 
establishing a new 5.0 percent damaged kernels limit to correspond with 
the proposed four grade categories; (e) applying the present limits for 
mold damage and injured-by-mold in Two-rowed Malting barley to Six-
rowed Malting barley; and (f) applying the current grade limits for 
other grains and wild oats to both Six- and Two-rowed Malting barley.
    In the present malting standards, separate grade charts exist for 
two- and six-rowed malting types. Additionally, the factor requirements 
differ based on the subclass. For example, the current malting 
standards impose limits for other grains, wild oats, mold-damage, and 
injured-by-mold, but not consistently for all malting types. These 
differences reflect the traditional variances between the production 
areas and markets dealing with Six- and Two-rowed Malting barley. GIPSA 
believes that the malting standards should be revised to more 
consistently apply factor requirements between two- and six-rowed 
types. GIPSA believes also that the proposed revisions to combine 7 CFR 
810.204 and 810.205 simplify the malting standards and make them more 
user friendly. [[Page 15077]] 

Suitable Malting Type

    GIPSA proposes to amend the definition of suitable malting type in 
7 CFR Part 810.202, paragraph (t), to expand the list of approved 
malting varieties. The proposed definition will include other 
proprietary malting types used by various maltsters and brewers. This 
change will bring existing standards more in line with today's 
processing practices of the malting and brewing industries. Current 
standards require a specified level of suitable malting type before the 
Malting barley designation is assigned. GIPSA presently relies on The 
American Malting Barley Association (AMBA) to determine which malting 
varieties are considered suitable. Varieties other than the AMBA-
designated varieties are bought and sold as Malting barley in the 
marketplace. For instance, several breweries are involved in the 
development of Malting barley types to meet various end-product 
specifications (Ref. 1). In many instances, these varietal types are 
not tested and approved by AMBA; although such varieties meet all 
quality requirements of the brewery.
    Furthermore, AMBA revises its list of approved malting types 
annually by adding new varieties and deleting outdated ones. Many 
malting varieties that are removed from AMBA's list continue to be 
produced, marketed, and processed. If a previously approved malting 
type was offered for official inspection, the current grading system 
would not permit the assignment of a malting grade designation because 
the variety would not meet the suitable malting type criteria.
    Consequently, GIPSA proposes to amend the suitable malting type 
definition to include varieties recommended by AMBA and other 
proprietary malting types.

Dockage Certification

    GIPSA proposes to amend the dockage certification procedure in 7 
CFR 810.104, paragraph (b). It is proposed that dockage in barley be 
reported in half and whole percent with a fraction less than one-half 
percent being disregarded. For example, at a level of 0.0 to 0.49 
percent, no dockage would be reported; and 0.50 to 0.99 percent would 
be reported as 0.5 percent dockage. Persons interested in actual 
dockage percentage may request that this information be reported in the 
remarks section of the certificate. GIPSA believes that the change in 
reporting dockage will provide a more accurate description of non-
barley material.
    Dockage in barley consists of dust, chaff, small weed seed, very 
small pieces of broken barley, and coarse grains larger than barley. 
Present standards certify dockage in whole percents with fractions of a 
percent being disregarded. For example, at a level of 0.0 to 0.99 
percent, no dockage is reported; and 1.0 to 1.99 percent is reported as 
1.0 percent dockage. GIPSA believes that this method of reporting 
dockage often understates dockage levels. GIPSA believes that reporting 
dockage in half and whole percent increments provides a more accurate 
description of non-barley material, thereby, enabling handlers and end-
users to make more informed decisions regarding quality, storability, 
and end-product yield. In addition, providing information concerning 
the actual dockage percentage in the remarks section of the certificate 
is currently available upon request. Consequently, GIPSA proposes to 
revise 7 CFR 810.104 (b) to certify barley dockage in half and whole 
percent with a fraction less than one-half percent being disregarded.

Thin Barley

    GIPSA proposes to revise the sieve requirement for determining thin 
barley in 7 CFR 810.202, paragraph (u). It is proposed that thin barley 
be determined using the \5/64\ x \3/4\ slotted-hole sieve in the 
proposed class Barley and the factor thin as a grade determining factor 
be removed. The amount of thin kernels will continue to be reported on 
the official certificate as a non-grade determining factor. GIPSA also 
proposes to amend 7 CFR 800.162 of the regulations under the United 
States Grain Standards Act by adding a paragraph to require that thin 
be reported on each inspection certificate when the grade is reported 
for the proposed class Barley. GIPSA is not proposing changes to the 
thin determinations in the standards for Malting barley.
    Present standards define thin barley as Six-rowed barley which 
passes through a \5/64\ x \3/4\ slotted-hole sieve or Two-rowed barley 
which passes through a \55/64\ x \3/4\ slotted-hole sieve. In addition, 
for the class Barley, which consists of a mixture of six-rowed and two-
rowed barley types, thin is defined as barley passing through the \5/
64\ x \3/4\ slotted-hole sieve. Thin is a grade determining factor in 
all classes and subclasses of Barley.
    The issue of sieve size for determining thin kernels has been a 
topic of discussion for many years, and GIPSA recognizes the need for 
uniformity in applying procedures. Concerns over the level of thins is 
directly related to the processing technique employed by the end-user. 
There are generally two processing strategies employed by processors 
which take into account the levels of thins. One involves the removal 
of thins before processing, and the other involves processing the grain 
with thins. Many buyers and sellers of barley often establish 
contractually the amount of thins considered appropriate.
    The factor thin in the standards is a measurement of kernel size 
more than an indicator of overall quality in barley. A measurement of 
kernel size distribution may be more important to the barley industry 
than simply the percent of thins. GIPSA recognizes that the percent of 
thins is a factor used by the industry to determine market value. GIPSA 
has not found research that correlates barley quality to the level of 
thin kernels. That is, at what level do thins in barley impact on the 
overall nutritional quality or value. GIPSA believes that the end-user 
is in the best position to determine the appropriate level of thins and 
the market value of the grain.
    GIPSA reviewed discount schedules for thins in barley from various 
grain companies. GIPSA's survey revealed that discounts for thins are 
assessed at levels ranging from 15 to 20 percent with higher discounts 
for thins over 20 percent. The marketplace, through discounting 
practices, makes adjustments for thin levels; in many instances, 
without regard to the official system. In brief, the industry 
establishes the value of barley including thins based on the end-users' 
needs rather than the levels as defined in the official standards.
    Therefore, GIPSA proposes to amend 7 CFR 810.206 by deleting the 
factor thins and its corresponding grade limits for the proposed class 
Barley. It is further proposed to amend 7 CFR 800.162 by requiring that 
the level of thins be reported on each certificate representing an 
inspection for grade. This proposed reporting requirement, which is 
similar to the certification procedure for moisture, provides the 
marketplace with the flexibility to establish more meaningful quality 
limits for thins based on the specific needs of end-users. In addition, 
GIPSA proposes to revise 7 CFR 810.202(u) of the standards to require 
the use of the \5/64\ x \3/4\ slotted-hole sieve for thin 
determinations in the proposed class Barley. This proposed change would 
streamline the inspection process and promote uniformity in determining 
thins. Moreover, GIPSA believes that using a single sieve to determine 
thins is the best approach in order to standardize the inspection 
process. [[Page 15078]] 

Sound Barley

    GIPSA proposes to revise 7 CFR 810.206 by removing the factors and 
limits for damaged kernels, heat-damaged kernels, and foreign material 
in the proposed class Barley. The standards will rely on the factor 
``sound barley'' to relate the overall amount of damaged kernels, heat-
damaged kernels, foreign material, other grains, and wild oats. In 
addition, applicants interested in the percentage and composition of 
damaged kernels, heat-damaged kernels, foreign material, other grains, 
and wild oats may request this information be reported on the 
inspection certificate.
    Sound barley is the sum of the percentages of damaged kernels, 
foreign material, other grains, and wild oats subtracted from 100 
percent. Sound barley is a grading factor in all classes and subclasses 
of barley. Revising the manner in which the factors sound barley, heat-
damaged kernels, damaged kernels, foreign material, other grains, and 
wild oats influence the grade designation could simplify the standards 
and improve their usefulness. GIPSA believes that the factor sound 
barley provides adequate information without the need to establish 
grading limits for its component factors.
    GIPSA believes that the malting barley standards should continue to 
provide a breakdown of non-barley material (i.e., damaged kernels, 
foreign material, other grains, and wild oats) due to the impact these 
factors have on the malting process. GIPSA believes further that the 
malting and brewing industries need precise information on the overall 
amount of sound barley as well as information as to the level of 
damaged barley, non-barley material, and other grains.
    GIPSA believes that the standards for the proposed class Barley 
should be revised to rely on the factor ``sound'' to determine quality, 
provided other information concerning non-barley material and damaged 
kernels is available to interested parties upon request. GIPSA reviewed 
inspection information from its Grain Inspection Monitoring System 
database to determine how the factors and limits for sound barley, 
damaged kernels, heat-damaged kernels, and foreign material influence 
the final grade. GIPSA's analysis revealed that sound barley was the 
grade determining factor approximately 83 percent of the time when 
compared to component factors that define sound (i.e., damaged kernels, 
heat-damaged kernels, and foreign material). Consequently, GIPSA 
believes that it is unnecessary to have limits for the component 
factors. GIPSA believes that the proposed revisions to 7 CFR 810.206 
will streamline and simplify the standards while providing customers 
useful information needed to facilitate marketing.

Badly Stained or Materially Weathered Barley

    GIPSA proposes that the grade limitation for barley that is badly 
stained or materially weathered in 7 CFR 810.206 be eliminated. 
Currently, barley that is badly stained or materially weathered is 
graded not higher than U.S. No. 4. In addition, it is further proposed 
to remove the definition for stained barley from 7 CFR 810.202(s). The 
determination of badly stained or materially weathered is seldom 
necessary because this condition also affects the level of sound 
kernels. In brief, factor limits for the other damages adequately 
conveys quality; therefore, this criterion is rarely used.

Miscellaneous Changes

    GIPSA proposes to revise the format of the grade charts in the 
standards for Malting barley and Barley. These revisions serve to 
improve the readability of the grade tables.

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. The proposed changes to the barley 
standards require revisions to some breakpoints. Therefore, GIPSA 
proposes to amend the breakpoint for dockage from 0.47 to 0.23. GIPSA 
also proposes to establish new range limits as specified by contracts 
and new breakpoints for heat-damaged kernels, damaged kernels, foreign 
material, thin barley, other grains, and wild oats in the standards.

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 1, 
by combining the factors and limits from Table 2 onto a single table 
and amending the title. GIPSA also proposes to: (1) Delete the U.S. No. 
1 ``Choice'' grade designation from the malting standards and create 
four numerical grade categories; (2) establish a minimum 43.0 pound 
test weight limit with a breakpoint of -0.5 for No. 4 Six-rowed Malting 
barley; (3) establish a minimum 95.0 percent suitable malting type 
limit with a breakpoint of -1.3 for No. 4 Six-rowed Malting barley; (4) 
establish a minimum 87.0 percent sound barley limit with a breakpoint 
of 1.9 for No. 4 Six-rowed Malting barley; (5) apply current limits for 
damaged kernels to Two-rowed Malting barley and establish a maximum 5.0 
percent damaged kernels grade limit with a breakpoint of 1.3 for barley 
meeting the No. 4 malting grade requirements; (6) establish foreign 
material limits at 0.5 percent with a breakpoint of 0.1, 1.0 percent 
with a breakpoint of 0.4, 2.0 percent with a breakpoint 0.5, and 3.0 
percent with a breakpoint of 0.6, in grade Nos. 1, 2, 3, and 4, 
respectively; (7) apply current limits for wild oats to Six-rowed 
Malting barley; (8) apply present limits for other grains to two-rowed 
malting types and establish a maximum 4.0 percent grade limit with a 
breakpoint of 1.0 for barley meeting the No. 3 malting grade 
requirements; (9) establish a maximum 10.0 percent skinned and broken 
kernel limit with a breakpoint of 1.6 for No. 4 Six-rowed Malting 
barley; and (10) establish a maximum 15.0 percent thin barley grade 
limit with a breakpoint of 0.9 for No. 4 Six-rowed Malting barley. 
GIPSA also proposes to incorporate other malting factor grade limits 
and breakpoints (i.e., injured-by-frost, injured-by-heat, frost-
damaged, heat-damaged, and kernel texture) from Table 4 onto Table 1 
without any change in requirements.
    GIPSA further proposes to reserve Table 2 for future use. In 
addition, the grade limits and breakpoints for damaged kernels, heat-
damaged kernels, foreign material, and thin barley are deleted from 
Table 3; however, these factors are being moved to Table 4. Also, the 
footnote that limits barley which is badly stained or materially 
weathered to grade not higher than U.S. No. 4 is deleted.
    Additionally, GIPSA proposes to amend Table 4 by establishing a 
breakpoint of 0.23 for dockage at any level. GIPSA also proposes to 
allow buyers and sellers of barley, excluding malting types, to specify 
contractually the appropriate level of heat-damaged kernels, damaged 
kernels, foreign material, thin barley, other grains, and wild oats. 
FGIS proposes to include range limits with breakpoints for these 
factors in Table 4 as follows:

       Table 4.--Factors, Range Limits, and Breakpoints for Barley      
------------------------------------------------------------------------
                    Factor                      Range limit   Breakpoint
------------------------------------------------------------------------
Heat damage..................................  0.0-0.5......         0.1
    Do.......................................  0.6-1.0......         0.2
    Do.......................................  1.1-2.5......         0.3
    Do.......................................  2.6-3.0......         0.4
    Do.......................................  3.1-3.5......         0.5
    Do.......................................  Above 3.5....         0.6
[[Page 15079]]                                                          
                                                                        
Damage kernels...............................  0.0-1.0......         0.3
    Do.......................................  1.1-2.0......         0.4
    Do.......................................  2.1-3.0......         0.5
    Do.......................................  3.1-4.0......         0.6
    Do.......................................  4.1-5.0......         0.7
    Do.......................................  Above 5.0....         0.9
Foreign material.............................  0.0-0.5......         0.1
    Do.......................................  0.6-1.5......         0.2
    Do.......................................  1.6-2.5......         0.3
    Do.......................................  2.6-3.5......         0.4
    Do.......................................  3.6-4.5......         0.5
    Do.......................................  Above 4.5....         0.6
Thin barley..................................  0.0-2.5......         0.5
    Do.......................................  2.6-4.5......         0.6
    Do.......................................  4.6-6.5......         0.7
    Do.......................................  6.6-8.5......         0.8
    Do.......................................  8.6-11.0.....         0.9
    Do.......................................  Above 11.0...         1.0
Other grains.................................  0.0-0.5......         0.4
    Do.......................................  0.6-1.5......         0.5
    Do.......................................  1.6-2.5......         0.6
    Do.......................................  2.6-3.5......         0.7
    Do.......................................  3.6-4.5......         0.8
    Do.......................................  4.6-5.5......         0.9
Wild Oats....................................  0.0-0.5......         0.4
    Do.......................................  0.6-1.5......         0.5
    Do.......................................  1.6-2.5......         0.6
    Do.......................................  2.6-3.5......         0.7
    Do.......................................  3.6-4.5......         0.8
    Do.......................................  Above 4.5....         1.0
------------------------------------------------------------------------

    GIPSA also proposes to amend section Sec. 800.162 by redesignating 
paragraph (b) Cargo shipments as (c) and adding a new paragraph (b) 
Barley.

Reference

    (1) U.S. Department of Agriculture in cooperation with the Colorado 
Agricultural Statistics Service; ``1992 Colorado Barley Varieties.'' 
Published by the Colorado Agricultural Statistics Service; Lakewood, 
Colorado.

List of Subjects in 7 CFR Part 800

    Administrative practice and procedure, Export, Grain.

7 CFR Part 810

    Export, Grain.

    For reasons set forth 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) Table 2 is removed and reserved and Tables 
1, 3, and 4 are revised to read as follows:


Sec. 800.86  Inspection of shiplot, unit train, and lash barge grain in 
single lots.

* * * * *
    (c) * * *
    (2) * * *

                                           Table 1.--Grade Limits (GL) and Breakpoints (BP) for Malting Barley                                          
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                               Minimum limits of--                                      
                                                       -------------------------------------------------------------------------------------------------
                                                           Test weight (pounds)       Suitable malting types     Sound barley\1\ (percent)     Kernel   
                                                       ----------------------------          (percent)         ----------------------------    texture  
                         Grade                                                     ----------------------------                               (percent) 
                                                                                                                                           -------------
                                                          Six-rowed     Two-rowed     Six-rowed     Two-rowed     Six-rowed     Two-rowed     Six-rowed 
                                                                                                                                                only    
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            GL   BP       GL   BP       GL   BP       GL   BP       GL   BP       GL   BP       GL   BP 
                                                                                                                                                        
U.S. No. 1............................................   47.0  -0.5    50.0  -0.5    95.0  -1.3    97.0  -1.0    97.0  -1.0    98.0  -0.8    90.0  -1.3 
U.S. No. 2............................................   45.0  -0.5    48.0  -0.5    95.0  -1.3    97.0  -1.0    94.0  -1.4    98.0  -0.8    90.0  -1.3 
U.S. No. 3............................................   43.0  -0.5    48.0  -0.5    95.0  -1.3    95.0  -1.3    90.0  -1.6    96.0  -1.1    90.0  -1.3 
U.S. No. 4............................................   43.0  -0.5    48.0  -0.5    95.0  -1.3    95.0  -1.3    87.0  -1.9    93.0  -1.1    90.0  -1.3 


--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        Maximum limits of--                                             
                                         ---------------------------------------------------------------------------------------------------------------
                                                                                                  Skinned and broken kernels     Thin barley (percent)  
                  Grade                    Damaged\1\      Foreign      Wild oats   Other grains           (percent)         ---------------------------
                                             kernels      material      (percent)     (percent)  ----------------------------                           
                                            (percent)     (percent)                                 Six-rowed     Two-rowed     Six-rowed     Two-rowed 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              GL   BP       GL   BP       GL   BP       GL   BP       GL   BP       GL   BP       GL   BP       GL   BP 
                                                                                                                                                        
U.S. No. 1..............................     2.0  0.8      0.5  0.1      1.0  0.6      2.0  0.8      4.0  1.1      5.0  1.3      7.0  0.6      5.0  0.4 
U.S. No. 2..............................     3.0  0.9      1.0  0.4      1.0  0.6      3.0  0.9      6.0  1.4      7.0  1.3     10.0  0.9      7.0  0.5 
U.S. No. 3..............................     4.0  1.1      2.0  0.5      2.0  0.8      4.0  1.0      8.0  1.5     10.0  1.8     15.0  0.9     10.0  0.9 
U.S. No. 4..............................     5.0  1.3      3.0  0.6      3.0  0.9      5.0  1.3     10.0  1.6     10.0  1.8     15.0  0.9     10.0  0.9 
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                                                                                                
                                 Frost-      Injured-by-                 Injured-by-                 Injured-by-
            Grade                damaged        frost     Heat-damaged      heat      Mold-damaged      mold    
                                (percent)     (percent)     (percent)     (percent)     (percent)     (percent) 
----------------------------------------------------------------------------------------------------------------
                                  GL   BP       GL   BP       GL   BP       GL   BP       GL   BP       GL   BP 
                                                                                                                
U.S. Nos. 1, 2, 3, & 4......    0.4  0.05      1.9  0.1      0.1  0.1     0.2  0.04     0.4  0.05      1.9  0.1 
----------------------------------------------------------------------------------------------------------------
\1\Injured-by-frost and injured-by-mold kernels are not considered damaged kernels or count as a deduction      
  against sound barley.                                                                                         

    Note: Malting barley shall not be infested in accordance with 
Sec. 810.107 (b) and shall not contain any special grades as defined 
in Sec. 810.206. Six- and Two-rowed barley varieties not meeting the 
above requirements shall be graded in accordance with standards 
established for the class Barley. [[Page 15080]] 


Table 2  [Reserved]

       Table 3.--Grade Limits (GL) and Breakpoints (BP) for Barley      
------------------------------------------------------------------------
                                Minimum limits of--       Maximum limits
                         --------------------------------    of broken  
          Grade             Test weight    Sound barley       kernels   
                             (pounds)        (percent)       (percent)  
------------------------------------------------------------------------
                               GL    BP        GL    BP        GL    BP 
U.S. No. 1..............     47.0  -0.5      97.0  -1.1        4.0  1.0 
U.S. No. 2..............     45.0  -0.5      94.0  -1.4        8.0  1.0 
U.S. No. 3..............     43.0  -0.5      90.0  -1.6       12.0  1.8 
U.S. No. 4..............     40.0  -0.5      85.0  -2.2       18.0  1.8 
U.S. No. 5..............     36.0  -0.5      75.0  -2.2       28.0  2.4 
------------------------------------------------------------------------


                           Table 4.--Breakpoints for Barley Special Grades and Factors                          
----------------------------------------------------------------------------------------------------------------
         Special grade or factor                           Grade or range limit                     Breakpoint  
----------------------------------------------------------------------------------------------------------------
Dockage.................................  As specified by contract or load order grade..........            0.23
Two-rowed Barley........................  Not more than 10.0% of Six-rowed in Two-rowed.........             1.8
Six-rowed Barley........................  Not more than 10.0% of Two-rowed in Six-rowed.........             1.8
Smutty..................................  More than 0.20%.......................................            0.06
Garlicky................................  3 or more in 500 grams................................          2\1/3\
Ergoty..................................  More than 0.10%.......................................            0.13
Infested................................  Same as in Sec. 810.107...............................               0
Blighted................................  More than 4.0%........................................             1.1
Heat-damaged kernels....................  0.0 - 0.5.............................................             0.1
                                          0.6 - 1.0.............................................             0.2
                                          1.1 - 2.5.............................................             0.3
                                          2.6 - 3.0.............................................             0.4
                                          3.1 - 3.5.............................................             0.5
                                          Above 3.5.............................................             0.6
Damaged kernels.........................  0.0 - 1.0.............................................             0.3
                                          1.1 - 2.0.............................................             0.4
                                          2.1 - 3.0.............................................             0.5
                                          3.1 - 4.0.............................................             0.6
                                          4.1 - 5.0.............................................             0.7
                                          Above 5.0.............................................             0.9
Foreign material........................  0.0 - 0.5.............................................             0.1
                                          0.6 - 1.5.............................................             0.2
                                          1.6 - 2.5.............................................             0.3
                                          2.6 - 3.5.............................................             0.4
                                          3.6 - 4.5.............................................             0.5
                                          Above 4.5.............................................             0.6
Thin barley.............................  0.0 - 2.5.............................................             0.5
                                          2.6 - 4.5.............................................             0.6
                                          4.6 - 6.5.............................................             0.7
                                          6.6 - 8.5.............................................             0.8
                                          8.6 - 11.0............................................             0.9
                                          Above 11.0............................................             1.0
Other grains............................  0.0 - 0.5.............................................             0.4
                                          0.6 - 1.5.............................................             0.5
                                          1.6 - 2.5.............................................             0.6
                                          2.6 - 3.5.............................................             0.7
                                          3.6 - 4.5.............................................             0.8
                                          4.6 - 6.0.............................................             0.9
Wild oats...............................  0.0 - 0.5.............................................             0.4
                                          0.6 - 1.5.............................................             0.5
                                          1.6 - 2.5.............................................             0.6
                                          2.6 - 3.5.............................................             0.7
                                          3.6 - 4.5.............................................             0.8
                                          Above 4.5.............................................             1.0
Moisture................................  As specified by contract or load order grade..........             0.5
----------------------------------------------------------------------------------------------------------------

* * * * *
    3. Section 800.162, paragraph (b) is revised and (c) is added to 
read as follows:


Sec. 800.162  Certification of grade; special requirements.

* * * * *
    (b) Barley. Each official certificate for grade shall show, in 
addition to the requirements of paragraphs (a) and (c) of this section, 
the percent of thin barley.
    (c) Cargo shipments. Each official certificate for grade 
representing a cargo shipment shall show, in addition to the 
requirements of paragraphs (a) and (b) of this section, the results of 
all official grade factors defined in the Official 
[[Page 15081]] United States Standards for Grain for the type of grain 
being inspected.
* * * * *

PART 810--OFFICIAL UNITED STATES STANDARDS FOR GRAIN

    4. 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.).

    5. and 6. Section 810.104, paragraph (b), is amended by revising 
the first and second sentences to read as follows:

Subpart A--General Provisions

* * * * *


Sec. 810.104  Percentages.

* * * * *
    (b) Recording. The percentage of dockage in flaxseed, rye, and 
sorghum are 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. * * *
    7. Section 810.202, paragraph (c) is revised; paragraph (s) is 
removed; paragraph (t) is revised and redesignated as (s); paragraph 
(u) is revised and redesignated as (t); paragraph (v) is redesignated 
as (u) to read as follows:


Sec. 810.202  Definition of other terms.

* * * * *
    (c) Classes. There are two classes of barley: Malting barley and 
Barley.
    (1) Malting barley. Barley of a six-rowed or two-rowed malting 
type. The class Malting barley is divided into the following three 
subclasses:
    (i) Six-rowed Malting barley. Barley that has a minimum of 95.0 
percent of a six-rowed suitable malting type that has 90.0 percent or 
more of kernels with white aleurone layers that contains not more than: 
1.9 percent injured-by-frost kernels, 0.4 percent frost-damaged 
kernels, 0.2 percent injured-by-heat kernels, 0.1 percent heat-damaged 
kernels, 1.9 percent injured-by-mold kernels, and 0.4 percent mold-
damaged kernels. Six-rowed Malting barley shall not be infested, 
blighted, ergoty, garlicky, or smutty as defined in Sec. 810.107(b) and 
Sec. 810.206.
    (ii) Six-Rowed Blue Malting barley. Barley that has a minimum of 
95.0 percent of a six-rowed suitable malting type that has 90.0 percent 
or more of kernels with blue aleurone layers that contains not more 
than: 1.9 percent injured-by-frost kernels, 0.4 percent frost-damaged 
kernels, 0.2 percent injured-by-heat kernels, 0.1 percent heat-damaged 
kernels, 1.9 percent injured-by-mold kernels, and 0.4 percent mold-
damaged kernels. Six-rowed Blue Malting barley shall not be infested, 
blighted, ergoty, garlicky, or smutty as defined in Sec. 810.107(b) and 
Sec. 810.206.
    (iii) Two-rowed Malting barley. Barley that has a minimum of 95.0 
percent of a two-rowed suitable malting type that contains not more 
than: 1.9 percent injured-by-frost kernels, 0.4 percent frost-damaged 
kernels, 0.2 percent injured-by-heat kernels, 0.1 percent heat-damaged 
kernels, 1.9 percent injured-by-mold kernels, and 0.4 percent mold-
damaged kernels. Two-rowed Malting barley shall not be infested, 
blighted, ergoty, garlicky, or smutty as defined in Sec. 810.107(b) and 
Sec. 810.206.
    (2) Barley. Any barley of a six-rowed or two-rowed type. The class 
Barley is divided into the following three subclasses:
    (i) Six-rowed barley. Any Six-rowed barley with white hulls that 
contains not more than 10.0 percent of two-rowed varieties.
    (ii) Two-rowed barley. Any Two-rowed barley with white hulls that 
contains not more than 10.0 percent of six-rowed varieties.
    (iii) Barley. Any barley that does not meet the requirements for 
the subclasses Six-rowed barley or Two-rowed barley.
* * * * *
    (s) Suitable malting type. Varieties of malting barley that are 
recommended by the American Malting Barley Association and any other 
proprietary malting type(s) used by the malting and brewing industry. 
The recommended varieties are listed in FGIS instructions.
    (t) Thin barley. Thin barley shall be defined for the appropriate 
class as follows:
    (1) Malting barley. Six-rowed Malting barley that passes through a 
\5/64\ x \3/4\ slotted-hole sieve and Two-rowed Malting barley which 
passes through a 5.5/64 x \3/4\ slotted-hole sieve in accordance with 
procedures prescribed in FGIS instructions.
    (2) Barley. Six-rowed barley, Two-rowed barley, or barley that 
passes through a \5/64\ x \3/4\ slotted-hole sieve in accordance with 
procedures prescribed in FGIS instructions.
* * * * *
    8. Section 810.204 is revised to read as follows:


Sec. 810.204  Grades and grade requirements for malting barley.

------------------------------------------------------------------------
                                       Grades U.S. Nos.                 
   Grading factors   ---------------------------------------------------
                           1            2            3            4     
------------------------------------------------------------------------
Minimum limits of:                                                      
    Test weight:                                                        
        Six-rowed...         47.0         45.0         43.0         43.0
        Two-rowed...         50.0         48.0         48.0         48.0
Minimum percent                                                         
 limits of:                                                             
    Suitable malting                                                    
     types:                                                             
        Six-rowed...         95.0         95.0         95.0         95.0
        Two-rowed...         97.0         97.0         95.0         95.0
    Sound Barley:\1\                                                    
        Six-rowed...         97.0         94.0         90.0         87.0
        Two-rowed...         98.0         98.0         96.0         93.0
    Kernel Texture:                                                     
        Six-rowed                                                       
         (only).....         90.0         90.0         90.0         90.0
Maximum percent                                                         
 limits of:                                                             
    Damaged kernels                                                     
     total\1\.......          2.0          3.0          4.0          5.0
    Malting factors:                                                    
        Frost damage          0.4          0.4          0.4          0.4
        Injured-by-                                                     
         frost......          1.9          1.9          1.9          1.9
        Heat damage.          0.1          0.1          0.1          0.1
        Injured-by-                                                     
         heat.......          0.2          0.2          0.2          0.2
        Mold damage.          0.4          0.4          0.4          0.4
        Injured-by-                                                     
         mold.......          1.9          1.9          1.9         1.9 
[[Page 15082]]                                                          
                                                                        
    Foreign material          0.5          1.0          2.0          3.0
        Wild oats...          1.0          1.0          2.0          3.0
        Other grains          2.0          3.0          4.0          5.0
    Skinned and                                                         
     broken kernels:                                                    
        Six-rowed...          4.0          6.0          8.0         10.0
        Two-rowed...          5.0          7.0         10.0         10.0
    Thin barley:                                                        
        Six-rowed...          7.0         10.0         15.0         15.0
        Two-rowed...          5.0          7.0         10.0         10.0
        Stones......          0.2          0.2          0.2          0.2
Maximum count limits                                                    
 of:\2\                                                                 
    Other material:                                                     
        Animal filth            9            9            9            9
        Castor beans            1            1            1            1
        Cockleburs..            7            7            7            7
        Crotalaria                                                      
         seeds......            2            2            2            2
        Glass.......            1            1            1            1
        Stones......            7            7            7            7
        Unknown                                                         
         foreign                                                        
         substance..            3            3            3           3 
------------------------------------------------------------------------
\1\Injured-by-frost and injured-by-mold kernels are not considered      
  damaged kernels or count as a deduction against sound barley.         
\2\Determined on a representative sample before the removal of dockage, 
  except for stones. Determine stones on a dockage-free sample.         

    Malting barley shall not be infested in accordance with 
Sec. 810.107(b) and shall not contain any special grades as defined in 
Sec. 810.206. Six- and Two-rowed barley varieties not meeting the above 
requirements shall be graded in accordance with standards established 
for the class Barley.
    9. Section 810.205 is removed and Sec. 810.206 is redesignated as 
810.205 and revised to read as follows:


Sec. 810.205  Grades and Grade Requirements for Barley.

----------------------------------------------------------------------------------------------------------------
                                                                         Grades U.S. Nos.                       
                 Grading factor                 ----------------------------------------------------------------
                                                      1            2            3            4            5     
----------------------------------------------------------------------------------------------------------------
Minimum limits of:                                                                                              
    Test weight................................         47.0         45.0         43.0         40.0         36.0
Minimum percent limits of:                                                                                      
    Sound barley\1\............................         97.0         94.0         90.0         85.0         75.0
Maximum percent limits of:                                                                                      
    Broken kernels.............................          4.0          8.0         12.0         18.0         28.0
    Stones.....................................          0.2          0.2          0.2          0.2          0.2
Maximum count limits of:\2\                                                                                     
    Other material:                                                                                             
        Animal filth...........................            9            9            9            9            9
        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
        Stones.................................            7            7            7            7            7
        Unknown foreign substance..............            3            3            3            3           3 
----------------------------------------------------------------------------------------------------------------
\1\Injured-by-frost and injured-by-mold kernels are not considered damaged kernels or count as a deduction      
  against sound barley.                                                                                         
\2\Determined on a representative sample before the removal of dockage, except for stones. Determine stones on a
  dockage-free sample.                                                                                          

    U.S. Sample grade shall be barley that: (a) does not meet the 
requirements for the grades U.S. Nos. 1, 2, 3, 4, or 5; (b) has a 
musty, sour, or commercially objectionable foreign odor; or (c) is 
heating or of distinctly low quality.


Sec. 810.20  [Redesignated as Sec. 810.206]

    10. Section 810.207 is redesignated as 810.206.

    Dated: March 15, 1995.
James R. Baker,
Administrator, Grain Inspection, Packers and Stockyards Administration.
[FR Doc. 95-6905 Filed 3-21-95; 8:45 am]
BILLING CODE 3410-EN-P