[Federal Register Volume 63, Number 190 (Thursday, October 1, 1998)]
[Notices]
[Pages 52681-52682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26239]


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DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration


Protein Certification

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

ACTION: Notice.

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SUMMARY: The Grain Inspection, Packers and Stockyards Administration 
(GIPSA) is soliciting comments on its proposal to certify wheat protein 
content results on any specified moisture basis requested by 
applicants, in addition to certifying results on the current 12.0 
percent moisture basis. This change has been requested by importers of 
U.S. wheat.

DATES: Comments must be submitted on or before November 30, 1998.

ADDRESSES: Written comments must be submitted to Sharon Vassiliades at 
GIPSA, USDA, STOP 3649, 1400 Independence Avenue, S.W., 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 the above address during regular business hours (8:00 a.m.-3:30 
p.m.).

FOR FURTHER INFORMATION CONTACT: John Giler at (202) 720-0252.

SUPPLEMENTARY INFORMATION: On May 1, 1978, GIPSA (then the Federal 
Grain Inspection Service or FGIS) began offering official wheat protein 
testing for Hard Red Winter and Hard Red Spring wheat to interested 
parties in the grain industry. In calculating protein content, an ``as-
is'' moisture basis was also used (though protein content could also be 
determined and recorded using any specified moisture basis if requested 
by the applicant for inspection). By calculating protein content using 
the as-is moisture basis, GIPSA received numerous complaints, mostly 
from foreign buyers. These complaints were generally about low protein 
levels which, in part, appeared due to the difference between the U.S. 
and Canadian methods for computing and stating protein content. Canada 
was using a fixed 13.5 percent moisture basis compared to the as-is 
moisture basis calculation which was commonly used for U.S. shipments. 
When using an as-is moisture basis to certify protein, the certified 
protein result is directly dependent on the moisture level of the 
wheat. Protein content is inversely proportional to the moisture 
content when results are based on the as-is reporting basis. 
Consequently, as the moisture content of the wheat gets lower, the 
protein content reported on an as-is basis gets larger. Further, a 
given lot's protein content could theoretically ``change'' as the 
wheat's actual moisture content changed over time when using the as-is 
reporting basis.
    To address these concerns, FGIS proposed, in 1986, to revise its 
Grain Inspection Handbook to provide that protein content be certified 
on a constant 12.0 percent moisture basis, instead of the as-is 
moisture basis or another fixed moisture basis. It was thought that 
this would add uniformity to the official protein reporting procedure. 
When reporting on an as-is basis, the protein quantity of wheat which 
has different moisture levels cannot be compared easily. A 12.0 percent 
moisture basis was recommended by various grower and processor 
organizations, as well as the Grain Quality Workshops, because this 
percentage represented the average moisture content of wheat exported 
from the United States. The agency believed that protein content, 
certified on a constant moisture basis of 12.0 percent, would provide 
buyers, sellers, and users of U.S. wheat with results that could be 
easily evaluated and compared. Also, use of a constant

[[Page 52682]]

moisture basis would be similar to protein reporting procedures used by 
other major wheat exporting countries. This proposal was announced in 
the May 30, 1986, Federal Register (51 FR 19556) and solicited industry 
comment on this action.
    Comments on the May 30, 1986, proposal were generally in favor of a 
constant moisture basis for protein determination. Some commentors 
suggested using either a dry matter (0.0 percent moisture basis) or a 
14.0 percent moisture basis as the constant. The dry matter and 14.0 
percent moisture bases are frequently used in European and American 
flour mill specifications, respectively. However, the majority of 
commentors, including foreign buyers, supported the proposal to 
certificate protein on a constant 12.0 percent moisture basis. Further, 
since protein content on any other moisture basis can be easily 
calculated, it was decided that the practice of allowing any moisture 
basis to be specified by an applicant should be discontinued. Based on 
the comments received, FGIS published a document announcing this change 
in the August 26, 1986, Federal Register (51 FR 30323) which became 
effective May 1, 1987.
    Moving to a constant 12.0 percent moisture basis solved the problem 
of varying protein results caused by fluctuating wheat moisture levels, 
as well as helped to eliminate concerns with regard to confusion over 
protein results. However, the 12.0 percent moisture basis was still 
different than moisture bases used by other exporting countries and 
many of our foreign customers. As examples, Canada uses a 13.5 percent 
moisture basis, Australia uses either 11.0 percent or ``as-is,'' 
England and Sweden use 15.0 percent, and many Eastern European and 
other countries around the world, use the dry matter basis. Further, to 
date GIPSA has maintained its policy of only certifying protein results 
on the 12.0 percent moisture basis.
    Since implementing the required 12.0 percent moisture basis 
requirement for protein analysis in wheat, it appears that this may not 
be fully facilitating the marketing of export wheat, even though wheat 
protein measurements have been standardized. A number of importers of 
U.S. wheat have requested that GIPSA provide an option to certify wheat 
protein content results on any specified moisture basis requested by 
applicants, in addition to certifying results on the current 12.0 
percent moisture basis.
    To address this concern, GIPSA proposes to introduce flexible 
certification in its protein testing program, in addition to 
maintaining its standardization of results. GIPSA believes that 
allowing certification on the 12.0 percent moisture basis and including 
the option to also certify on a moisture basis requested by the 
receiver, would provide sufficient information on the inspection 
certificate to facilitate the marketing of wheat. Although this 
certification option is developed to address an export market need, 
GIPSA also believes this option could be used for domestic movements. 
This would be especially true in situations when an exporter is 
originating wheat to fulfill an export contract that requires a 
moisture basis other than 12.0 percent. Therefore, this certification 
option would be available from GIPSA field offices, delegated States, 
and designated agencies.
    Adopting this action will allow GIPSA and the grain industry the 
greatest flexibility in the certification of wheat protein. Protein 
results will continue to be certified on a constant 12.0 percent 
moisture basis on all certificates, but the option would allow GIPSA 
the flexibility to meet a customer's request for additional 
information. GIPSA field offices, delegated States, and designated 
agencies will be responsible for the applicable mathematical 
calculations for certification using the following industry recognized 
formula:

X=[P/100-12] x 100 x [100-PX/100]

Where:

X=the protein content at a moisture basis other than 12.0 percent 
requested by an applicant.
P=the protein content determined at a 12.0 percent moisture basis.
PX=the moisture basis specified by the applicant.

    For example, if an applicant requests protein results also be 
certified to a 14.0 percent moisture basis and the protein content of 
the lot was determined to be 13.5 percent on a 12.0 percent moisture 
basis, the following calculation would be used to obtain the alternate 
protein result:

X=[13.5/100-12] x 100 x [100-14/100]
X=[13.5/88] x 100 x [86/100]
X=0.1534 x 100 x 0.86
X=15.34 x 0.86
X=13.2

    Therefore, in this example, protein content would be certified as 
13.5 percent on a 12.0 percent moisture basis, and as 13.2 percent on a 
14.0 percent moisture basis.
    Final action concerning this proposal will be announced in the 
Federal Register at a later date after the close of the comment period.

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

    Dated: September 23, 1998.
James R. Baker,
Administrator, Grain Inspection, Packers and Stockyards Administration.
[FR Doc. 98-26239 Filed 9-30-98; 8:45 am]
BILLING CODE 3410-EN-P