[Federal Register Volume 68, Number 205 (Thursday, October 23, 2003)]
[Rules and Regulations]
[Pages 60617-60618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26388]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration

7 CFR Part 801

RIN 0580-AA57


Official Performance Requirements for Grain Inspection Equipment

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

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Grain Inspection, Packers and Stockyards Administration 
(GIPSA) is amending the regulations under the United States Grain 
Standards Act, as amended, entitled Official Performance Requirements 
for Grain Inspection Equipment by removing regulation on tolerance for 
dividers. This change is being made to simplify inspection regulations. 
The removed section has been determined to be unnecessary, since 
testing of dividers has been modified in current instructions and 
directives to eliminate testing with grain and to require only a visual 
condition examination of grain dividers.

DATES: This rule is effective December 22, 2003 without further action, 
unless adverse comments or written notice of intent to submit adverse 
comments are received by November 24, 2003. If adverse comments are 
received, GIPSA will publish a timely withdrawal of the rule in the 
Federal Register.

ADDRESSES: Comments or notice of intent must be sent to Tess Butler, 
USDA, GIPSA, Room 1647-S, STOP 3604, 1400 Independence Avenue, SW., 
Washington, DC 20250-3604, FAX (202) 690-2755. All comments received 
will be made available for public inspection at the above address 
during regular business hours (8 a.m.-3:30 p.m.) (7 CFR 1.27(b)).

FOR FURTHER INFORMATION CONTACT: John Giler, Chief, Policies and 
Procedures Branch at (202) 720-0252 or e-mail: [email protected].

SUPPLEMENTARY INFORMATION: Each type (design) of grain divider receives 
a thorough laboratory test and evaluation, prior to approval. The type 
of divider must provide a statistically unbiased division of the sample 
into representative portions. Representative portions are sub-samples 
that contain the same percentage of various components as the sample 
from which they are taken. Also, for ease of use, each must meet 
criteria for accuracy and repeatability of portion weight delivered.
    Testing of each individual divider on a periodic basis at field 
locations was intended to ensure that they function properly. After 
receiving recommendations from a task force on equipment testing 
requirements and from other experienced personnel, GIPSA determined 
that field testing dividers with grain samples to evaluate the weight 
of grain delivered to each collection pan is unnecessary. It was 
determined that the test was actually a user adjustment that was more 
appropriately performed as a maintenance function, on an as needed 
basis.
    Because of the prior laboratory approval testing, testing of 
dividers was modified in instructions and directives to eliminate 
testing with grain and to require only a visual condition examination 
of grain dividers. This practice is in accord with the visual 
examination required of similar kinds of equipment used for sampling 
grain.

[[Page 60618]]

Executive Order 12866

    The rule has been determined to be not significant for purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget. This action simplifies the regulations 
concerning official performance requirements for grain inspection 
equipment by removing unnecessary language. No cost to affected 
entities results from this action.

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 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.

Regulatory Flexibility Act Certification

    Donna Reifschneider, Administrator, GIPSA, has determined that this 
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. 602 et seq.). This action simplifies the regulations 
concerning official performance requirements for grain inspection 
equipment by removing unnecessary language concerning testing of 
dividers. There currently are 56 official agencies, 43 private, 7 
States and 6 delegated states under the United States Grain Standards 
Act. 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.

Information Collection and Recordkeeping Requirements

    This rule contains no information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1995. (44 U.S.C. 
3501, et seq.)

Background

    FGIS is publishing this rule without a prior proposal because we 
view this action as noncontroversial and anticipate no adverse public 
comment. This rule will be effective, as published in this document, 60 
days after the date of publication in the Federal Register unless we 
receive written comments or written notice of intent to submit comments 
within 30 days of the date of publication of this rule in the Federal 
Register. Adverse comments are comments that suggest the rule should 
not be adopted or suggest the rule should be changed.
    If we receive written comments or written notice of intent to 
submit comments, we will publish a notice in the Federal Register 
withdrawing this rule before the effective date. We will then publish a 
proposed rule for public comment. Following the close of that comment 
period, the comments will be considered and a final rule addressing the 
comments will be published.
    As discussed above, if we receive no written comments or written 
notice of intent to submit comments within 30 days of publication of 
this direct final rule, this final rule will become effective 60 days 
following its publication. We will publish a notice to this effect in 
the Federal Register, before the effective date of this final rule, 
confirming that it is effective on the date indicated in this document.

List of Subjects in 7 CFR Part 801

    Grain inspection, Scientific equipment, and Weighing.

0
For reasons set forth in the preamble, 7 CFR part 801 is amended as 
follows:
0
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.).


Sec.  801.10  [Removed]

0
2. Section 801.10 is removed from the CFR and is reserved.

Donna Reifschneider,
Administrator.
[FR Doc. 03-26388 Filed 10-22-03; 8:45 am]
BILLING CODE 3410-EN-P