[Federal Register Volume 71, Number 60 (Wednesday, March 29, 2006)]
[Proposed Rules]
[Pages 15633-15639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2968]


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DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration

7 CFR Parts 800 and 810

RIN 0580-AA91


United States Standards for Sorghum

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

ACTION: Proposed rule.

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SUMMARY: The Grain Inspection, Packers and Stockyards Administration 
(GIPSA) proposes to revise the United States Standards for Sorghum to 
amend the definitions of the classes Sorghum, White sorghum, and Tannin 
sorghum, and to amend the definition of nongrain sorghum. The proposal 
also recommends amendments to the grade limits for broken kernels and 
foreign material (BNFM), and the subfactor foreign material (FM). 
Additionally, GIPSA proposes to insert a total count limit for other 
material into the standards and will revise the method of certifying 
test weight (TW). GIPSA further proposes to change the inspection plan 
tolerances for BNFM and FM. These proposed changes will help to 
facilitate the marketing of sorghum.

DATES: Comments must be received on or before May 30, 2006.

ADDRESSES: We invite you to submit comments on this proposed rule. You 
may submit comments by any of the following methods:
     E-Mail: Send comments via electronic mail to 
[email protected].
     Mail: Send hardcopy written comments to Tess Butler, 
GIPSA, USDA, 1400 Independence Avenue, SW., Room 1647-S, Washington, DC 
20250-3604.
     Fax: Send comments by facsimile transmission to: (202) 
690-2755.
     Hand Delivery or Courier: Deliver comments to: Tess 
Butler, GIPSA, USDA, 1400 Independence Avenue, SW., Room 1647, 
Washington, DC 20250-3604.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Instructions: All comments should make reference to the date and 
page number of this issue of the Federal Register.
    Read Comments: All comments will be available for public inspection 
in the above office during regular business hours (7 CFR 1.27(b)).

FOR FURTHER INFORMATION CONTACT: Patrick McCluskey, telephone (202) 
720-4684 at GIPSA, USDA, Room 2429 North/South Building, 1400 
Independence Avenue, SW., Washington, DC, 20250-3630; Fax Number (202) 
720-1015.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This rule has been determined to be exempt for the purposes of 
Executive Order 12866, and therefore has not been reviewed by the 
Office of Management and Budget.

Executive Order 12988

    This proposed 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 (USGSA) 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 proposed rule will 
not preempt any State or local laws, regulations, or policies, unless 
they present any irreconcilable conflict with this rule. There are no 
administrative procedures, which must be exhausted prior to any 
judicial challenge to the provisions of this proposed rule.

Regulatory Flexibility Act Certification

    The Regulatory Flexibility Act (RFA) (5 U.S.C. 601, et seq.) 
requires agencies to consider the economic impact of each rule on small 
entities and evaluate alternatives that would accomplish the objectives 
of the rule without unduly burdening small entities or erecting 
barriers that would restrict their ability to compete in the market. 
The purpose is to fit regulatory actions to the scale of businesses 
subject to the action.
    GIPSA has determined that this proposed rule will not have a 
significant economic impact on a substantial number of small entities, 
as defined in the Regulatory Flexibility Act. Under the provisions of 
the USGSA, grain exported from the United States must be officially 
inspected and weighed. Mandatory inspection and weighing services are 
provided by GIPSA and delegated states at 54 export elevators 
(including four floating elevators). All of these facilities are owned 
by multi-national corporations, large cooperatives, or public entities 
that do not meet the requirements for small entities established by the 
Small Business Administration. Most users of the official inspection 
and weighing services, and these entities that perform these services, 
do not meet the regulations for small entities. Further, the 
regulations are applied equally to all entities. In addition to GIPSA, 
there are 58 official agencies that perform official services under the 
United States Grain Standards Act, and most of these entities do not 
meet the requirements for small entities. GIPSA is proposing to amend 
the sorghum standards to amend the definitions of the classes Sorghum, 
White sorghum, and Tannin sorghum, and to amend the definition of 
nongrain sorghum. The proposal also recommends amendments to the grade 
limits of BNFM, to the grade limits of FM, and the associated 
inspection plan tolerances. GIPSA further proposes to insert a total 
count limit for other material into the sorghum standards and will 
revise the method of certifying TW. These proposed changes will help to 
facilitate the marketing of sorghum.
    The U.S. sorghum industry, including producers (approximately 
40,000 (USDA-2002 Census of Agriculture)), handlers, processors, and 
merchandisers are the primary users of the U.S. Standards for Sorghum 
and utilize the official standards as a common trading language to 
market grain sorghum. We assume that some of the entities may be small. 
Further, the United States Grain Standards Act (USGSA) (7 U.S.C. 87f-1) 
requires the registration of all persons engaged in the business of 
buying grain for sale in foreign commerce. In addition, those 
individuals who handle, weigh, or transport grain for sale in foreign 
commerce must also register. The USGSA regulations (7 CFR 800.30) 
define a foreign commerce grain business as persons who regularly 
engage in buying for sale, handling,

[[Page 15634]]

weighing, or transporting grain totaling 15,000 metric tons or more 
during the preceding or current calendar year. At present, there are 92 
registrants who account for practically 100 percent of U.S. sorghum 
exports, which for fiscal year (FY) 2004 totaled approximately 
2,926,726 metric tons (MT). While most of the 92 registrants are large 
businesses, we assume that some may be small.

Paperwork Reduction Act

    Pursuant to the Paperwork Reduction Act of 1995, the existing 
information collection requirements are approved under the Office of 
Management and Budget (OMB) Number 0580-0013. No additional collection 
or recordkeeping requirements are imposed on the public by this 
proposed rule. Accordingly, no further OMB clearance is required under 
the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
    GIPSA is committed to compliance with the Government Paperwork 
Elimination Act, which requires Government agencies, in general, to 
provide the public the option of submitting information or transacting 
business electronically to the maximum extent possible.

Background

    Grain sorghum (Sorghum bicolor (L.) Moench, trivially: milo, 
sorghum) is a cereal crop of African origin, whose kernels are used in 
both human and animal food, as well as industrial products. In the 
sorghum standards, sorghum is defined as ``Grain that, before the 
removal of dockage, consists of 50 percent or more of whole kernels of 
sorghum (Sorghum bicolor (L.) Moench) excluding nongrain sorghum and 
not more than 10.0 percent of other grains for which standards have 
been established under the United States Grain Standards Act.'' Grain 
sorghum usage as animal feed is seen primarily in the United States and 
Mexico, while sorghum use in human food is global: porridge, flatbread, 
and beer in Africa; Maotai (distilled spirits) in China/Taiwan; 
flatbread in the Asian sub-continent; wheat flour replacement for 
Celiac disease patients. Industrial uses of grain sorghum include 
ethanol production for fuel.
    In the United States, grain sorghum production has decreased 
dramatically, dropping from over 18 million planted acres in 1983 to an 
estimated 7 million acres in 2005 (USDA-NASS estimate June 30, 2005). 
These acres have been largely replaced with corn and cotton. The 
majority of grain sorghum is produced in the southern Great Plains of 
the United States. Kansas and Texas collectively accounted for 69 
percent and 76 percent of production for the harvests of 2003 and 2004 
respectively, while Nebraska accounted for an additional 8 percent of 
production in each year (USDA-NASS). For both the 2002/2003 and 2003/
2004 marketing years, the leading importers of United States sorghum 
were Mexico, Japan, Israel, and the European Union.
    The United States Standards for Sorghum were established December 
1, 1924, and have been amended or revised numerous times since then, 
most recently in 1993. In August 1998, GIPSA conducted a review of the 
sorghum standards (63 FR 43641). No changes to the standards were 
proposed as a result of that action. On September 24, 2003, GIPSA was 
asked by the National Sorghum Producers (previously known as the 
National Grain Sorghum Producers) to initiate a review of the sorghum 
standards. Accordingly, on December 17, 2003, GIPSA published an 
Advance Notice of Proposed Rulemaking (ANPR) in the Federal Register 
(68 FR 70201) requesting views and comments on the sorghum standards.
    GIPSA received 35 comments to the ANPR from sorghum market 
participants including producers, sorghum market development groups, 
and exporters. After the ANPR comment period ended, there were further 
discussions with the industry, including a recommendation to reduce the 
test weight minimum for U.S. No. 1 sorghum from 57 to 56 pounds per 
bushel. Considering the comments to the ANPR, and other available 
information, several specific issues emerged in connection with 
revising the sorghum standards. The issues are (1) sorghum class 
definitions, (2) nongrain sorghum definition, (3) structure and grade 
limits in BNFM, FM, and Damaged Kernels Total (DKT), (4) definitions of 
heat damaged kernels and damaged kernels, (5) TW certification and (6) 
other material count limits.
    Based on comments received and other available information, GIPSA 
has decided to propose amendments to the United States Standards for 
Sorghum to help facilitate the marketing of sorghum.

1. Sorghum Class Definitions

    Sorghum has four classes: Sorghum, Tannin sorghum, White sorghum, 
and Mixed sorghum. The definition of three of the classes, Sorghum, 
Tannin sorghum, and White sorghum, refer to tannin level in a 
qualitative manner (i.e., as being either low or high in tannin 
content). Numerous commenters specifically cited the phrase ``low in 
tannin content'' in the class definition of Sorghum and White sorghum, 
maintaining that references to tannin content do not reflect current 
science and understanding of sorghum genetics and impart a negative 
connotation with regard to sorghum quality, which hampers market 
development. These commenters stated that nearly all sorghum hybrids 
grown for grain do not contain tannins, stating that over the last 
approximately 30 years, the understanding of tannin genetics deepened 
such that sorghum breeders produced varieties essentially devoid of 
tannins. GIPSA was asked to define Sorghum and White sorghum based on 
the absence of tannin compounds.
    Tannins are considered both nutritional and anti-nutritional, 
depending on the concentration and target organism. Some level of 
tannin ingestion can impede weight gain in animals, by making certain 
amino acids metabolically unavailable and inhibiting the activity of 
certain enzymes. Alternately, tannins have antioxidant properties, so 
may be of economic interest.
    A manuscript published in ``Phytochemistry'' reported that 99 
percent of U.S. sorghum hybrids are tannin-free. Tannins are phenolic 
compounds which derive from the presence of a pigmented testa layer 
(a.k.a. `subcoat'), controlled by two genes known as B1 and B2. When 
both of these genes are dominant, the caryopsis (kernel) develops a 
pigmented testa. The testa, located between the aluerone cells and 
endocarp cells, derives from layers of cells in close proximity which 
have collapsed, forming one layer several cells thick. Because of 
sorghum hybrid improvement programs, the genes for a pigmented testa 
are recessive in almost all commercial grain sorghum hybrids, thus, a 
pigmented testa does not form.
    GIPSA considers the term ``absence of tannin compounds'' to have a 
precise meaning, i.e., containing zero tannin content. The industry 
claim of ``essentially devoid of tannins'' anticipates the possibility 
of a small amount of tannin, thus GIPSA does not consider ``tannin 
free'' acceptable for defining the classes of sorghum. However, GIPSA 
will propose to amend the definitions of Sorghum, Tannin sorghum, and 
White sorghum based on the absence or presence of a pigmented testa.

2. Nongrain Sorghum Definition

    Nongrain sorghum is defined as ``Seeds of broomcorn, Johnson-grass, 
Sorghum almum Parodi, sorghum-sudangrass hybrids, sorgrass, sudangrass, 
and sweet sorghum (sorgo)''. The relevance of nongrain

[[Page 15635]]

sorghum is that it counts as foreign material. GIPSA received comments 
regarding the definition of nongrain sorghum, specifically asking GIPSA 
to remove certain sorghum species named as nongrain sorghum, 
specifically, sorgrass, sorghum-sudangrass hybrids, and sweet sorghum 
(sorgo). A commenter stated that sorgrass is nearly extinct in the 
United States, thus is no longer relevant to the sorghum production 
situation. GIPSA believes this has merit and proposes to remove 
sorgrass from the definition of nongrain sorghum. Although GIPSA is 
proposing to remove sorgrass from the definition of nongrain sorghum, 
it would function as foreign material if discovered in a sample.
    The same commenter also stated that sweet sorghum was grown in such 
small quantity as to be non-problematic with regard to commingling with 
grain sorghum. In further discussions, sweet sorghum producers (who 
grow this crop for molasses production) expressed an opposite opinion. 
They recommended against removing sweet sorghum from the definition of 
nongrain sorghum, because they want it well understood that their crop 
is nongrain sorghum. As a result, GIPSA will not remove sweet sorghum 
from the definition of nongrain sorghum.
    Sorghum-sudangrass hybrids (botanically, Sorghum bicolor (L.) 
Moench) are grown for forage, are very unlikely to be harvested for 
grain due to plant height, and may or may not produce kernels which 
appear (and function) like grain sorghum. Depending on the genetics, 
some kernels appear to meet the criteria for grain sorghum and should 
be graded as such, while others exhibit characteristics of forage type 
kernels (with respect to kernel morphology, tannin presence (hence, a 
pigmented testa) and glume adherence), thus should be counted as 
nongrain sorghum. If GIPSA removes sorghum-sudangrass hybrids from the 
definition of nongrain sorghum, all sorghum-sudangrass hybrids would be 
classified as grain sorghum, including those kernels having forage-type 
characteristics (and potentially containing a pigmented testa and/or 
some level of tannin). Kernels of sorghum-sudangrass hybrids which 
exhibit morphological traits consistent with grain sorghum should not 
be excluded from the definition of grain sorghum. Accordingly, GIPSA 
believes the definition of nongrain sorghum should be revised such that 
only kernels of sorghum-sudangrass hybrids with an appearance atypical 
of grain sorghum, meaning kernels which are morphologically consistent 
with those from a forage-type plant, should be considered nongrain 
sorghum.

3. Structure and Grade Limits in Broken Kernels and Foreign Material, 
Foreign Material and Damaged Kernels Total

    GIPSA received comments expressing opposing viewpoints, regarding 
DKT, BNFM, and FM. Some comments favored loosening grade limits for 
BNFM and dropping FM as a subfactor. Others favored tightening the 
grade limits for DKT and BNFM, such that the aggregate of these factors 
would be equivalent to the aggregate of the DKT and Broken Corn and 
Foreign Material (BCFM) grade limits in the U.S. Standards for Corn.
    FM was added as a subfactor of BNFM in the most recent amendment of 
the sorghum standards (effective date June 1, 1993; 57 FR 58967), based 
on the Grain Quality Improvement Act of 1986 (Pub. L. 99-641, Title 
III; 7 U.S.C. 76) and a recommendation of the Grain Quality Workshop. 
Prior to 1993, FM could have been 100 percent of the BNFM content. 
Inspection data for exports from 2002-2005 indicate an FM average of 
1.1 percent, lower than the grade limit of 1.5 percent for U.S. No. 1 
sorghum.
    Analysis of official export inspection data for sorghum from 2002-
2005 indicated an overall BNFM average of 3.9 percent (lower than the 
BNFM grade limit of 4.0 percent for U.S. No. 1 sorghum) thus averaging 
U.S. No. 1 sorghum, based on BNFM. Official inspection data for export 
yellow corn during the same period indicated an overall BCFM average of 
2.8 percent (over the BCFM grade limit of 2.0 percent U.S. No. 1 corn) 
thus averaging U.S. No. 2 Yellow Corn, based on BCFM. Sorghum received 
a higher average grade than corn during the period covered by the data, 
based on the factors BNFM and BCFM.
    Tightening the BNFM grade limits to match the tighter BCFM grade 
limits for corn would result in grade deflation. Using the export 
inspection data cited above, more than ninety percent of the sorghum 
grading U.S. No. 2 or better under the current BNFM grade limits, would 
receive a grade of U.S. No. 3 or 4, if the corn BCFM grade limits were 
utilized.
    GIPSA examined export inspection data for the period 2001 through 
2004 (the last three year period for which this data is available), to 
determine the rate at which sorghum failed to meet inspection loading 
plan requirements, based on the factor BNFM. BNFM exceeded inspection 
loading plan requirements for BNFM at a 0.4 percent rate, whereas corn 
failed to meet inspection loading plan requirements for BCFM at a 3.0 
percent rate. Accordingly, the BNFM grade limits in the sorghum 
standards are not overly restrictive. Moreover, the grade limits for 
BNFM and FM can be tightened somewhat without causing grade deflation.
    A review of the Agency's official grain inspection data has shown 
that the average BNFM and FM values are within the U.S. No. 1 grade 
limits. GIPSA concludes that the grade limits for BNFM and FM should be 
revised to better reflect the quality of sorghum moving through the 
marketplace, i.e., tighter grade limits would better reflect sorghum 
quality in the market place.
    In Table 1, GIPSA data show that sorghum moving through the U.S. 
marketing system on truck, rail and barge, and export, have average 
BNFM and FM levels which are within the U.S. No. 1 grade limits. Table 
2 shows the cumulative distribution of sorghum at grades 1, 2, 3, and 4 
for different shipment modes, for the factors BNFM and FM. Virtually 
all sorghum moving in the marketplace receives a grade of U.S. No. 2 or 
better regardless of where in the value chain the sorghum is inspected.
    Based on a review of the comments, GIPSA data, and other available 
information, GIPSA is proposing to reduce the BNFM and FM grade limits. 
GIPSA proposes to reduce the BNFM grades limits for U.S. Nos. 1, 2, 3, 
and 4 from 4.0, 7.0, 10.0, and 13.0 percent to 3.0, 6.0, 8.0, and 10.0 
percent, respectively. For FM, GIPSA proposes to reduce the grade 
limits for U.S. Nos. 1, 2, 3, and 4 from 1.5, 2.5, 3.5, and 4.5 percent 
to 1.0, 2.0, 3.0, and 4.0, respectively. Table 3 shows the effect of 
this change on the cumulative distribution of sorghum available at 
grades 1 through 4. There will be minimal impact throughout the 
marketing system for grades 2, 3 and 4. GIPSA projects that some 
sorghum currently grading U.S. No.1 will receive a grade of U.S. No.2 
under the proposed BNFM and FM grade limits. Because virtually all 
sorghum inspected will continue to receive a grade of U.S. No. 1 or 2, 
there will be minimal impact on the amount of sorghum available for 
trade at the common market standard, i.e., U.S. No. 2 or better. GIPSA 
believes these changes will better reflect, and improve, the quality of 
sorghum moving through the marketplace.
    The grade limit for DKT in sorghum is presently tighter at U.S. No. 
1 than for corn (2.0 percent vs. 3.0 percent respectively) and equal at 
U.S. No. 2 (5.0 percent). For the period 2002 through 2005, the average 
of DKT in

[[Page 15636]]

export sorghum was 1.6 percent (compared to the U.S. No. 1 grade limit 
of 2.0 percent). Based on DKT, one hundred percent of the sorghum 
inspected at export received a grade of U.S. No. 2 during the period. 
Accordingly, the DKT grade limits in the sorghum standards are not 
overly restrictive, and GIPSA will not propose changes to the grade 
limits for DKT.

              Table 1.--Factor Average (%) by Shipment Type
------------------------------------------------------------------------
                     Shipment type                        BNFM      FM
------------------------------------------------------------------------
Truck \1\.............................................      3.3      1.2
Rail \2\..............................................      3.4      1.1
Barge \3\.............................................      3.9      1.5
ALL EXPORT \4\........................................      3.9      1.1
------------------------------------------------------------------------
No. 1 Grade Limit (%).................................      4.0     1.5
------------------------------------------------------------------------
\1\ National Quality Database, Truck Data (Officially Sampled), 10/02-8/
  05.
\2\ National Quality Database InterMarket Program Rail Data, (Officially
  Sampled, Domestic/Export), 10/02-8/05.
\3\ National Quality Database InterMarket Program Barge Data (Officially
  Sampled, Origin), 10/02-8/05.
\4\ FGIS Export Grain Inspection System (Vessel Only), 10/02-8/05.


                                           Table 2.--Cumulative Percent at Grades, by Factor and Shipment Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               BNFM                                             FM
                       U.S. grade                        -----------------------------------------------------------------------------------------------
                                                          1  2  3  4  1  2  3  4
--------------------------------------------------------------------------------------------------------------------------------------------------------
Shipment Type:
    Truck...............................................       73.6        94.2        98.3        99.6        77.2        88.6        92.9        96.2
    Rail \1\............................................       80.6        99.2        99.9       100.0        85.0        97.1        98.9        99.5
    Barge \2\...........................................       66.9        95.0        99.1       100.0        68.3        89.2        95.1        98.2
    ALL EXPORT \3\......................................       61.7       100.0       100.0       100.0        79.3        99.9       100.0       100.0
    Columbia River......................................       63.3       100.0       100.0       100.0        93.2       100.0       100.0       100.0
    Mississippi River...................................       41.1       100.0       100.0       100.0        65.3        99.6       100.0       100.0
    North Texas.........................................       71.9       100.0       100.0       100.0        90.7       100.0       100.0       100.0
    South Texas.........................................       96.3       100.0       100.0       100.0        94.7       100.0       100.0       100.0
    Puget Sound.........................................       76.3       100.0       100.0       100.0        79.0       100.0       100.0      100.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ National Quality Database, Truck Data (Officially Sampled), 10/02-8/05.
\2\ National Quality Database InterMarket Program Rail Data, (Officially Sampled, Domestic/Export), 10/02-8/05.
\3\ National Quality Database InterMarket Program Barge Data (Officially Sampled, Origin), 10/02-8/05.


                                Table 3.--Effect of Changing Grade Limits on Cumulative Distribution of Sorghum by Grade
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         1                2                3                4
                                                 -------------------------------------------------------------------------------------------------------
                  FACTOR: BNFM                      Current      Proposed     Current      Proposed     Current      Proposed     Current      Proposed
                                                      4.0%         3.0%         7.0%         6.0%        10.0%         8.0%        13.0%        10/0%
--------------------------------------------------------------------------------------------------------------------------------------------------------
Shipment Type:
    Truck.......................................         73.6         56.9         94.2         89.6         98.3         95.9         99.6         98.3
    Rail \1\....................................         80.6         41.9         99.2         98.1         99.9         99.6        100.0         99.9
    Barge \2\...................................         66.9         31.3         95.0         91.3         99.1         97.2        100.0         99.1
    LL EXPORT \3\...............................         61.7          9.7        100.0         99.8        100.0        100.0        100.0        100.0
    Columbia River..............................         63.3         20.4        100.0        100.0        100.0        100.0        100.0        100.0
    Mississippi River...........................         41.1          4.5        100.0         99.5        100.0        100.0        100.0        100.0
    North Texas.................................         71.9         11.0        100.0        100.0        100.0        100.0        100.0        100.0
    South Texas.................................         96.3         13.9        100.0        100.0        100.0        100.0        100.0        100.0
    Puget Sound.................................         76.3         32.5        100.0        100.0        100.0        100.0        100.0        100.0
--------------------------------------------------------------------------------------------------------------------------------------------------------


 
                                                         1                2                3                4
                                                 -------------------------------------------------------------------------------------------------------
                   FACTOR: FM                       Current      Proposed     Current      Proposed     Current      Proposed     Current      Proposed
                                                      1.5%         1.0%         2.5%         2.0%         3.5%         3.0%         4.5%         4.0%
--------------------------------------------------------------------------------------------------------------------------------------------------------
Shipment Type:
    Truck.......................................         77.2         69.0         88.6         84.8         92.9         91.5         96.2         95.2
    Rail \1\....................................         85.0         62.6         97.1         93.4         98.9         98.0         99.5         99.3
    Barge \2\...................................         68.3         41.8         89.2         81.8         95.1         92.3         98.2         96.6
    ALL EXPORT \3\..............................         79.3         44.6         99.9         95.8        100.0        100.0        100.0        100.0
    Columbia River..............................         93.2         64.2        100.0        100.0        100.0        100.0        100.0        100.0
    Mississippi River...........................         65.3         38.8         99.6         91.5        100.0        100.0        100.0        100.0
    North Texas.................................         90.7         37.8        100.0        100.0        100.0        100.0        100.0        100.0
    South Texas.................................         94.7         78.1        100.0         97.2        100.0        100.0        100.0        100.0
    Puget Sound.................................         79.0         40.6        100.0        100.0        100.0        100.0        100.0       100.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ National Quality Database, Truck Data (Officially Sampled), 10/02-8/05.
\2\ National Quality Database InterMarket Program Rail Data, (Officially Sampled, Domestic/Export), 10/02-8/05.

[[Page 15637]]

 
\3\ National Quality Database InterMarket Program Barge Data (Officially Sampled, Origin), 10/02-8/05.

4. Definition of Heat Damaged Kernels and Damaged Kernels

    GIPSA received a comment recommending deleting the reference to 
`other grains' from the definitions of damaged kernels and heat-damaged 
kernels to better reflect levels of damage in sorghum kernels. The 
definition of damaged kernels is: kernels, pieces of sorghum kernels, 
and other grains that are badly ground damaged, badly weather damaged, 
diseased, frost-damaged, germ-damaged, heat-damaged, insect-bored, 
mold-damaged, sprout-damaged, or otherwise materially damaged. The 
definition of heat-damaged kernels is: kernels, pieces of sorghum 
kernels, and other grains that are materially discolored and damaged by 
heat.
    Before promulgation of the sorghum standards, addition of damaged, 
or otherwise out-of-condition grains to sorghum, was not an uncommon 
practice. In order to limit how much damaged grain was added, `other 
grains' was added to the definitions of damaged kernels and heat-
damaged kernels in a 1934 amendment of the sorghum standards. `Other 
grains' was also included in the grading factor `Broken kernels, 
foreign material, and other grains' until 1993, when GIPSA amended the 
sorghum standards, changing that grading factor to `Broken kernels and 
foreign material', and added the subfactor, `Foreign material', with 
maximum limits under BNFM for each grade. Separating and identifying 
the individual components of `Broken kernels, foreign material, and 
other grains' was required by the Grain Quality Improvement Act of 
1986, which also prohibited the blending of ``different kinds of grain 
except when such blending will result in grain being designated as 
Mixed grain * * *''.
    Section 74(b)(3)(D) of the USGSA states ``* * * that official 
United States standards for grain shall * * * provide the framework 
necessary for markets to establish grain quality improvement 
incentives.'' Official inspection data (previously cited) for DKT 
(which includes damaged other grains) shows the average DKT in export 
sorghum was 1.6 percent for the period 2002-2005 (within the U.S. No. 1 
grade limit of 2.0 percent). This low value suggests that the system is 
working and further, that the grain handling industry is acting in 
accordance with the policy of the Congress. Removing `other grains' 
from the definitions of damaged kernels and heat damaged kernels could 
provide disincentives to improving sorghum quality. Accordingly, GIPSA 
will not propose to remove the reference to `other grains' from the 
definitions of damaged kernels and heat-damaged kernels.

5. Test Weight Certification

    In further discussions within the industry, a request was made to 
lower the test weight grade limit for U.S. No. 1 sorghum from 57 to 56 
pounds per bushel. National inspection data show the average TW for the 
period 2001 through 2004 was well above 57.0 lb/bu. Sorghum market 
developers have a goal of promoting the high quality of their 
commodity. GIPSA believes that lowering the TW grade limit would not be 
consistent with the goal of promoting high quality sorghum, because 
lower test weight values imply lower quality. Sorghum users have 
indicated that TW and moisture content are the primary quality factors 
upon which discounts are based. Therefore, given the importance of TW 
to users, and the fact that the average TW is usually higher than the 
current U.S. No. 1 grade limit, GIPSA will not propose to lower the 
test weight grade limit.
    However, GIPSA believes it is appropriate to revise the 
certification for TW from whole and half pounds, with a fraction of a 
half pound disregarded, to certification in tenths of a pound, in order 
to bring TW reporting for sorghum in line with reporting requirements 
for other factors, such as foreign material and damaged kernels total, 
in the U.S. Standards for Sorghum. The U.S. Standards for Corn was 
amended in 1995 to make a similar change (60 FR 61194).

6. Other Material Count Limits

    GIPSA received a comment to the ANPR expressing concern over the 
lack of a maximum count limit on other materials allowed before sorghum 
would be considered U.S. Sample Grade, as well as the format in which 
maximum count limits of other material are presented in the standard. 
Although most of the grains do not have a total limit, wheat and 
soybeans do have maximum count limits of other materials. In sorghum, 
30 pieces of other material are theoretically allowed before becoming 
U.S. Sample Grade, whereas in wheat and soybeans, totals of 4 and 10, 
respectively, are permitted before becoming U.S. Sample grade. Since 
sorghum is used as a food grain in much of the world, these factors 
should be consistent with other grains used for food. GIPSA proposes to 
include a total (combined) maximum count limit of 10 for other 
material.
    The format of the maximum count limits table is the most recent 
version GIPSA used in revisions of the standards for wheat, soybean and 
canola and is the format GIPSA will use on future revisions of the 
standards. Therefore, to maintain consistency with the format to be 
used in future revisions, GIPSA will not propose a change in the format 
of the table presenting maximum count limits of other material.

Inspection Plan Tolerances

    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. 
The proposed changes to the sorghum standards require revisions to some 
breakpoints. Therefore, GIPSA proposes to change the current grade 
limits and breakpoints for sorghum BNFM and FM which are listed in 
Table 15 of section 800.86(c)(2).
    GIPSA proposes to change the BNFM breakpoints for U.S. Nos. 1, 2, 
3, and 4 from 0.3, 0.4, 0.5, and 0.6 to 0.5, 0.6, 0.7, and 0.8, 
respectively. GIPSA proposes to change the FM breakpoints for U.S. Nos. 
1, 2, 3, and 4 from 0.3, 0.4, 0.5, and 0.6 to 0.4, 0.5, 0.6, and 0.7, 
respectively.

Reference

Awika, J. M. and Rooney, L. W. 2004. ``Phytochemistry''. Vol. 65, 
pps. 1199-1221.

Proposed GIPSA Action

    GIPSA is issuing this proposed rule to invite comments and 
suggestions from all interested persons on how GIPSA can further 
enhance and best facilitate the marketing of sorghum.
    GIPSA proposes to revise Sec.  800.86, Inspection of shiplot, unit 
train and lash barge grain in single lots, paragraph (c) (2) Table 15 
by revising the breakpoints and associated grade limits for U.S. Nos. 
1, 2, 3 and 4 BNFM and FM.
    GIPSA proposes to revise Sec.  810.102 Definition of other terms by 
revising subparagraph (d), TW per bushel. It is proposed that TW in 
sorghum be reported to the nearest tenth of a pound per bushel.
    GIPSA proposes to revise Sec.  810.1402 Definition of other terms 
by revising subparagraph (c) (1)-(3), to remove tannin content from the 
definitions of Sorghum, Tannin sorghum, and White sorghum, 
respectively.
    GIPSA proposes to revise Sec.  810.1402 Definition of other terms 
by revising

[[Page 15638]]

subparagraph (h) to remove sorgrass from the definition of nongrain 
sorghum, and to replace sorghum-sudangrass hybrids with ``seeds of 
Sorghum bicolor (L.) Moench that appear atypical of grain sorghum''.
    GIPSA also proposes to revise Sec.  810.1404 Grade and grade 
requirements for sorghum to reduce the grading limits for BNFM to 3.0, 
6.0, 8.0, and 10.0 percent for U.S. Nos. 1, 2, 3, and 4, respectively. 
GIPSA further proposes to reduce the grading limits for FM to 1.0, 2.0, 
3.0, and 4.0 percent for U.S. Nos. 1, 2, 3, and 4, respectively. GIPSA 
also proposes to revise Sec.  810.1404; to add: ``Total:'' and the 
number 10 under `Maximum count limits of'; and a footnote numbered 3. 
?>
    Comments, including data, views, and arguments are solicited from 
interested persons. Pursuant to Section 4(b)(1) of the USGSA, as 
amended (7 U.S.C. 76(b)(1)), upon request, such information concerning 
changes to the standards may be presented orally in an informal manner. 
Also, pursuant to this section, no standards established or amendments 
or revocations of standards are to become effective less than one 
calendar year after promulgation unless, in the judgment of the 
Secretary, the public health, interest, or safety require that they 
become effective sooner.

List of Subjects

7 CFR Part 800

    Administrative practice and procedure, Grain.

7 CFR Part 810

    Export, Grain.

    For reasons set out in the preamble, 7 CFR parts 800 and 810 are 
proposed to be 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. In Sec.  800.86(c)(2), table 15 is revised to read as follows:


Sec.  800.86  Inspection of shiplot, unit train, and lash barge grain 
in single lots.

* * * * *
    (c) * * *
    (2) * * *

                                              Table 15.--Grade Limits (GL) and Breakpoints (BP) for Sorghum
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                          Maximum limits of--
                                                                             ---------------------------------------------------------------------------
                                                              Minimum test               Damaged kernels             Broken kernels and foreign material
                          Grade                            weight per bushel ---------------------------------------------------------------------------
                                                                (pounds)         Heat-damaged                                           Foreign material
                                                                                  (percent)       Total (percent)    Total (percent)       (percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       GL BP              GL BP              GL BP              GL BP              GL BP
                                                          ----------------------------------------------------------------------------------------------
U.S. No. 1...............................................          57.0 -0.4            0.2 0.1            2.0 1.1            3.0 0.5            1.0 0.4
U.S. No. 2...............................................          55.0 -0.4            0.5 0.4            5.0 1.8            6.0 0.6            2.0 0.5
U.S. No. 3 \1\...........................................          53.0 -0.4            1.0 0.5           10.0 2.3            8.0 0.7            3.0 0.6
U.S. No. 4...............................................          51.0 -0.4            3.0 0.8           15.0 2.8           10.0 0.8           4.0 0.7
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Sorghum which is distinctly discolored shall be graded not higher than U.S. No. 3.

* * * * *

PART 810--OFFICIAL UNITED STATES STANDARDS FOR GRAIN

    1. 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.)

    2. Section 810.102 is amended by revising paragraph (d) to read as 
follows:


Sec.  810.1402  810.102 Definition of other terms.

* * * * *
    (d) Test weight per bushel. The weight per Winchester bushel 
(2,150.42 cubic inches) as determined using an approved device 
according to procedures prescribed in FGIS instructions. Test weight 
per bushel in the standards for corn, mixed grain, oats, sorghum, and 
soybeans is determined on the original sample. Test weight per bushel 
in the standards for barley, flaxseed, rye, sunflower seed, triticale, 
and wheat is determined after mechanically cleaning the original 
sample. Test weight per bushel is recorded to the nearest tenth pound 
for corn, rye, sorghum, soybeans, triticale, and wheat. Test weight per 
bushel for all other grains, if applicable, is recorded in whole and 
half pounds with a fraction of a half pound disregarded. Test weight 
per bushel is not an official factor for canola.
* * * * *
    3. Section 810.1402 is amended by revising paragraphs (c)(1) 
through (c)(3) and (h) to read as follows:


Sec.  810.1402  Definition of other terms.

* * * * *
    (c) * * *
    (1) Sorghum. Sorghum which lacks a pigmented testa (subcoat) and 
contains less than 98.0 percent White sorghum and not more than 3.0 
percent Tannin sorghum. The pericarp color of this class may appear 
white, yellow, red, pink, orange or bronze.
    (2) Tannin sorghum. Sorghum which has a pigmented testa (subcoat) 
and contains not more than 10 percent of kernels without a pigmented 
testa.
    (3) White sorghum. Sorghum which lacks a pigmented testa (subcoat) 
and contains not less than 98.0 percent kernels with a white pericarp, 
and contains not more than 2.0 percent of sorghum of other classes. 
This class includes sorghum containing spots that, singly or in 
combination, cover 25.0 percent or less of the kernel.
* * * * *
    (h) Nongrain sorghum. Seeds of broomcorn, Johnson-grass, Sorghum 
almum Parodi, sudangrass, and sweet sorghum (sorgo); and seeds of 
Sorghum bicolor (L.) Moench that appear atypical of grain sorghum.
* * * * *
    4. Section 810.1404 is revised to read as follows:


Sec.  810.1404  Grades and grade requirements for sorghum.

[[Page 15639]]



----------------------------------------------------------------------------------------------------------------
                                                                              Grades U.S. Nos.\1\
                       Grading factors                       ---------------------------------------------------
                                                                   1            2            3            4
----------------------------------------------------------------------------------------------------------------
                                             Minimum pound limits of
----------------------------------------------------------------------------------------------------------------
Test weight per bushel......................................         57.0         55.0         53.0         51.0
----------------------------------------------------------------------------------------------------------------
                                            Maximum percent limits of
----------------------------------------------------------------------------------------------------------------
Damaged kernels:
    Heat (part of total)....................................          0.2          0.5          1.0          3.0
                                                             ---------------------------------------------------
        Total...............................................          2.0          5.0         10.0         15.0
Broken kernels and foreign material:
    Foreign material (part of total)........................          1.0          2.0          3.0          4.0
                                                             ---------------------------------------------------
        Total...............................................          3.0          6.0          8.0         10.0
----------------------------------------------------------------------------------------------------------------
                                             Maximum count limits of
----------------------------------------------------------------------------------------------------------------
Other material:
    Animal filth............................................            9            9            9            9
    Castor beans............................................            1            1            1            1
    Crotalaria seeds........................................            2            2            2            2
    Glass...................................................            1            1            1            1
    Stones \2\..............................................            7            7            7            7
    Unknown foreign substance...............................            3            3            3            3
    Cockleburs..............................................            7            7            7            7
                                                             ---------------------------------------------------
        Total \3\...........................................           10           10           10           10
----------------------------------------------------------------------------------------------------------------
U.S. Sample grade is sorghum that:
    (a) Does not meet the requirements for U.S. Nos. 1, 2, 3, 4; or.............................................
    (b) Has a musty, sour, or commercially objectionable foreign odor (except smut odor); or....................
    (c) Is badly weathered, heating, or distinctly low quality. ................................................
----------------------------------------------------------------------------------------------------------------
\1\ Sorghum which is distinctly discolored shall not grade higher than U.S. No. 3.
\2\ Aggregate weight of stones must also exceed 0.2 percent of the sample weight.
\3\ Includes any combination of animal filth, castor beans, crotalaria seeds, glass, stones, unknown foreign
  substance or cockleburs.


James E. Link,
Administrator, Grain Inspection, Packers and Stockyards Administration.
[FR Doc. 06-2968 Filed 3-28-06; 8:45 am]
BILLING CODE 3410-EN-P