[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 [email protected].

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