[Federal Register Volume 62, Number 242 (Wednesday, December 17, 1997)]
[Proposed Rules]
[Pages 66036-66037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32780]


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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: Proposed rule.

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SUMMARY: The Federal Grain Inspection Service (FGIS) of the Grain 
Inspection, Packers and Stockyards Administration (GIPSA) proposes to 
revise 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 would also require the 
establishment of new inspection tolerances or breakpoints, as 
appropriate.

DATES: Comments must be submitted on or before February 17, 1998.

ADDRESSES: Written comments must be submitted to George Wollam, GIPSA, 
USDA, Room 0623-S, Stop 3649, Washington, D.C., 20250-3649; FAX (202) 
720-4628; or E-mail [email protected].
    All comments received will be made available for public inspection 
at Room 0623 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.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

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

Executive Order 12988

    This proposed 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 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 proposed rule. There are no 
administrative procedures which must be exhausted prior to any judicial 
challenge to the provisions of this proposed rule.

Regulatory Flexibility Act Certification

    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.
    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.

[[Page 66037]]

    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, the 
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 would be more precise. 
A corresponding change would be made to the inspection tolerances or 
breakpoints, as appropriate.
    Further, we understand that the rye industry already trades on 
dockage reported in tenths of a percent. Small entities, therefore, 
should experience no significant economic impact from these proposed 
changes.

Background

Certification of Dockage in Rye

    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 has 
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.
    Therefore, GIPSA is seeking industry comment for changing the 
current reporting and certification procedure to the nearest tenth 
percent on official inspection certificates to more accurately and 
precisely state dockage content in rye. Further, this action should 
also promote pricing efficiency.

Inspection Plan Tolerances

    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. The proposed change requires the establishment of a new 
breakpoint that reflects the greater accuracy to which rye dockage is 
proposed to be calculated and reported.
    Therefore, GIPSA proposes to change the current breakpoint for rye 
dockage which is listed in Table 14 of section 800.86(c)(2). 
Specifically, GIPSA proposes to change the breakpoint from 0.32 to 0.2.

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 14, 
by changing the breakpoint for dockage in rye from 0.32 to 0.2.
    GIPSA also proposes to amend the Official United States Standards 
for Grain, Subpart A--General Provisions, Sec. 810.104, Percentages, by 
revising paragraph (b) Recording. This change would require rye dockage 
to be determined and reported in whole and tenths of a percent to the 
nearest tenth of a percent.
    Comments, including data, views, and arguments are solicited from 
interested persons. Pursuant to Section 4(b)(1) of the United States 
Grain Standards Act, as amended (7 U.S.C. 76(b)(1)), upon request, such 
information concerning changes to the standards may be presented orally 
in an informal manner. Also, pursuant to this section, no standards 
established or amendments or revocations of standards are to become 
effective less than one calendar year after promulgation unless, in the 
judgement of the Secretary, the public health, interest, or safety 
require that they become effective sooner.

List of Subjects

7 CFR Part 800

    Administrative practice and procedure, Exports, Grains.

7 CFR Part 810

    Exports, Grains.

    For reasons set out 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) is amended by revising the entry for 
``Dockage'' in Table 14 to read as follows:


Sec. 800.86  Inspection of shiplot, unit train, 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: December 10, 1997.
James R. Baker,
Administrator, Grain Inspection, Packers and Stockyards Administration.
[FR Doc. 97-32780 Filed 12-16-97; 8:45 am]
BILLING CODE 3410-EN-P