[Federal Register Volume 64, Number 3 (Wednesday, January 6, 1999)]
[Rules and Regulations]
[Page 731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-35]



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 Rules and Regulations
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  Federal Register / Vol. 64, No. 3 / Wednesday, January 6, 1999 / 
Rules and Regulations  

[[Page 731]]


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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: Final rule.

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SUMMARY: This document makes final an interim rule amending regulations 
under the United States Grain Standards Act (USGSA) by revising 
tolerances for moisture meters used in official grain inspection 
services. The Grain Inspection, Packers and Stockyards Administration 
made this revision to reflect tolerances for both the Motomco Model 919 
moisture meter and the Dickey-john GAC 2100, which GIPSA started 
phasing in as the new official moisture meter as of August 1, 1998.

EFFECTIVE DATE: February 5, 1999.

FOR FURTHER INFORMATION CONTACT: Richard Pforr at telephone (202) 720-
0262.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This 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 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 made this 
revision to reflect tolerances for the current official moisture meter, 
the Motomco Model 919, and the Dickey-john GAC 2100, which GIPSA 
started phasing in as the new official moisture meter beginning 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 GAC 2100 meter is simpler than that 
for the Motomco 919 meter, the tolerance on the GAC 2100 moisture meter 
used for official inspection is being neither tightened nor relaxed as 
compared to the tolerances for the Motomco 919. 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

    Following the selection of a new official moisture meter for the 
national grain inspection system, GIPSA published an interim rule on 
June 25, 1998 (63 FR 34554), that revised tolerances for moisture 
meters used in official grain inspection services and provided an 
opportunity to comment on those revised tolerances. GIPSA received no 
comments in response to the interim rule.
    In a separate notice published in the Federal Register on June 25, 
1998 (63 FR 34629), GIPSA announced that as of August 1, 1998, all 
official moisture content measurements of corn, soybeans, and sunflower 
seed inspected under the USGSA would be made with the GAC 2100. 
Transition dates for other grains will be announced separately. The 
maintenance tolerances for Motomco 919 moisture meters have been and 
will continue to be applied to the Motomco 919 moisture meters used for 
official inspection until such time as the meters are replaced by the 
GAC 2100.
    Differences in technology between the GAC 2100 and the Motomco 919 
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 three moisture range 
tolerances (low, mid, and high) 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 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.

Final Action

    GIPSA received no comments during the 60-day comment period 
provided by the interim rule. Therefore, GIPSA has determined that the 
interim rule, as published at 63 FR 34554, will be adopted as the final 
rule.

List of Subjects in 7 CFR Part 801

    Grains, Scientific equipment.

PART 801--OFFICIAL PERFORMANCE REQUIREMENTS FOR GRAIN INSPECTION 
EQUIPMENT

    Accordingly, the interim final rule amending 7 CFR part 801 which 
was published at 63 FR 34554 on June 25, 1998, is adopted as a final 
rule without change.

    Dated: December 29, 1998.
James R. Baker,
Administrator, Grain Inspection, Packers and Stockyards Administration.
[FR Doc. 99-35 Filed 1-5-99; 8:45 am]
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