[Federal Register Volume 63, Number 122 (Thursday, June 25, 1998)]
[Rules and Regulations]
[Pages 34554-34555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16964]



[[Page 34554]]

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DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration

7 CFR Part 801

RIN 0580-AA60


Tolerances for Moisture Meters

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

ACTION: Interim rule with request for comments.

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SUMMARY: The Grain Inspection, Packers and Stockyards Administration 
(GIPSA) is amending regulations under the United States Grain Standards 
Act (USGSA) by revising tolerances for moisture meters used in official 
grain inspection services. GIPSA is making this revision to reflect 
tolerances for both the current official moisture meter, the Motomco 
Model 919, and the Dickey-john GAC 2100, which will be phased in as the 
new official moisture meter beginning on August 1, 1998.

DATES: This interim rule is effective August 1, 1998. To be assured of 
consideration, written comments must be filed before August 24, 1998.

ADDRESSES: Written comments must be sent to Sharon Vassiliades, GIPSA, 
USDA, STOP 3649, Washington, D.C. 20250-3649; FAX to (202) 720-4628; or 
e-mail [email protected].
    All comments received will be made available for public inspection 
in Room 0623, USDA South Building, 1400 Independence Avenue, SW, 
Washington, D.C., during business hours (7 CFR 1.27(b)).

FOR FURTHER INFORMATION CONTACT: Sharon Vassiliades, address as above, 
telephone (202) 720-1738.

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 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 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 certifies 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). GIPSA is making this 
revision to reflect tolerances for the current official moisture meter, 
the Motomco Model 919, and the Dickey-john GAC 2100, which is being 
phased in as the new official moisture meter beginning on August 1, 
1998. The revised tolerances will be applied to moisture meters owned 
and used by GIPSA, 8 delegated States, and the 57 official agencies (49 
private entities and 8 State agencies) to perform official grain 
inspection services. Most of these agencies would be considered small 
entities under Small Business Administration criteria. Although the 
check testing procedure for the new meter is simpler than that for the 
current meter, the tolerance on the new moisture meter used for 
official inspection is being neither tightened nor relaxed as compared 
to the tolerances for the current meter. There is, therefore, little 
impact of making these tolerance changes in the regulations on small or 
large entities engaged in the inspection of grain.

Information Collection and Recordkeeping Requirements.

    In accordance with the Paperwork Reduction Act of 1995, the 
recordkeeping and reporting burden imposed by Part 801 was previously 
approved by OMB under control number 0580-0013 and will not be affected 
by this rule.

Background

    GIPSA has selected a new official moisture meter for the national 
grain inspection system. This was announced in the Federal Register on 
April 9, 1998 (63 FR 17356). In a separate notice document published in 
the Federal Register on this date, GIPSA announces that as of August 1, 
1998, all official moisture content measurements of corn, soybeans, and 
sunflower seed inspected under the USGSA will be made with the GAC 
2100. Transition dates for other grains will be announced separately at 
a later time. Use of the new instruments for official moisture 
measurements will be phased in over a 2-year period. The maintenance 
tolerances for moisture meters are stated for low, mid, and high 
moisture ranges for both direct comparison and sample exchange testing. 
These tolerances have been and will continue to be applied to the 
Motomco 919 moisture meters used for official inspection until such 
time as they are replaced by the GAC 2100.
    Differences in technology between the GAC 2100 and the Motomco 919 
have necessitated the development of a new procedure for checking the 
performance of individual GAC 2100 meters against standard meters to 
determine whether they are in tolerance. The current three moisture 
range tolerances and the direct comparison method for checking meters, 
other than Headquarters meters, used for the Motomco 919 will not be 
needed to determine if the GAC 2100 meters are in tolerance. The 
current mid range moisture tolerance for Headquarters, and all other 
than Headquarters meters, will be used to determine if the GAC 2100 is 
within tolerance. Further, for the meters other than Headquarters, only 
the sample exchange method will be used.
    Pursuant to 5 U.S.C. 553, it is found and determined upon good 
cause that it is impracticable, unnecessary, and contrary to the 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) the tolerance for the new moisture meter is being neither 
tightened nor relaxed as compared to the tolerance for the current 
meter; (2) the 1999 grain market year begins August 1, 1998, and the 
changes should be in effect to allow the use of the new moisture meter 
at the beginning of the marketing year for corn, soybeans and sunflower 
seed; (3) this rule provides a 60-day opportunity for comment, and all 
written comments timely received will be considered prior to 
finalization of the rule.

List of Subjects in 7 CFR Part 801

    Grains, Scientific equipment.

    For reasons set forth in the preamble, 7 CFR Part 801 is amended as 
follows:
    1. The authority citation for Part 801 continues to read as 
follows:

    Authority: Pub. L. 94-582, 90 Stat 2867, as amended (7 U.S.C. 71 
et seq.).

    2. Section 801.6 is revised to read as follows:


Sec. 801.6  Tolerances for moisture meters.

    (a) The maintenance tolerances for Motomco 919 moisture meters used 
in performing official inspection services shall be:
    (1) Headquarters standard meters:

[[Page 34555]]



------------------------------------------------------------------------
                                            Tolerance                   
     Moisture range     ------------------------------------------------
                            Direct comparison         Sample exchange   
------------------------------------------------------------------------
Low....................  0.05                               
                          percent moisture, mean                        
                          deviation from                                
                          National standard                             
                          moisture meter using                          
                          Hard Red Winter wheat                         
Mid....................   0.05                              
                          percent moisture, mean                        
                          deviation from                                
                          National standard                             
                          moisture meter using                          
                          Hard Red Winter wheat                         
High...................   0.05                              
                          percent moisture, mean                        
                          deviation from                                
                          National standard                             
                          moisture meter using                          
                          Hard Red Winter wheat                         
------------------------------------------------------------------------

    (2) All other than Headquarters standard meters:

------------------------------------------------------------------------
                                            Tolerance                   
     Moisture range     ------------------------------------------------
                            Direct comparison         Sample exchange   
------------------------------------------------------------------------
Low....................   0.15         0.20     
                          percent moisture, mean   percent moisture,    
                          deviation from           mean deviation from  
                          standard moisture        standard moisture    
                          meter using Hard Red     meter using Hard Red 
                          Winter wheat             Winter wheat.        
Mid....................   0.10         0.15     
                          percent moisture, mean   percent moisture,    
                          deviation from           mean deviation from  
                          standard moisture        standard moisture    
                          meter using Hard Red     meter using Hard Red 
                          Winter wheat             Winter wheat.        
High...................   0.15         0.20     
                          percent moisture, mean   percent moisture,    
                          deviation from           mean deviation from  
                          standard moisture        standard moisture    
                          meter using Hard Red     meter using Hard Red 
                          Winter wheat             Winter wheat.        
------------------------------------------------------------------------

    (b) The maintenance tolerances for GAC 2100 moisture meters used in 
performing official inspection services shall be:
    (1) Headquarters standard meters. By direct comparison using mid-
range Hard Red Winter wheat,  0.05% mean deviation for the 
average of the Headquarters standard moisture meters.
    (2) All other than Headquarters standard meters. By sample exchange 
using mid-range Hard Red Winter wheat,  0.15% mean 
deviation from the standard meter.

    Dated: June 19, 1998.
David R. Shipman,
Acting Administrator, Grain Inspection, Packers and Stockyards 
Administration.
[FR Doc. 98-16964 Filed 6-24-98; 8:45 am]
BILLING CODE 3410-EN-P