[Federal Register Volume 73, Number 204 (Tuesday, October 21, 2008)]
[Proposed Rules]
[Page 62446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24946]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / 
Proposed Rules  

[[Page 62446]]



DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration

7 CFR Part 800

RIN 0580-AB00


USDA's Role in Differentiating Grain Inputs for Ethanol 
Production and Standardizing Testing of Co-Products of Ethanol 
Production

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

ACTION: Withdrawal of advance notice of proposed rulemaking.

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SUMMARY: The Grain Inspection, Packers and Stockyards Administration 
(GIPSA) published an advance notice of proposed rulemaking (ANPR) in 
the Federal Register on July 20, 2007 (72 FR 39762), inviting comments 
from interest persons regarding the appropriate government role in 
differentiating grain attributes for ethanol conversion, as well as 
standardizing the testing of co-products of ethanol production. The 
original notice provided an opportunity for interested parties to 
comment until September 18, 2007. In response to a request from the 
grain industry, on October 5, 2007 (72 FR 56945), we reopened the 
comment period until December 4, 2007, to provide interested parties 
with additional time in which to comment. The commenters overwhelmingly 
agreed that GIPSA should not intervene in standardizing testing of 
ethanol inputs and outputs. Accordingly, we will not initiate any 
rulemaking action at this time related to the matters presented in the 
ANPR.

FOR FURTHER INFORMATION CONTACT: Ross D. Heiman at USDA, GIPSA, FGIS, 
Market and Program Analysis Staff, Beacon Facility, STOP 1404, P.O. Box 
419205, Kansas City, Missouri 64141; Telephone (816) 823-2580; Fax 
Number (816) 823-4644; e-mail [email protected].

SUPPLEMENTARY INFORMATION: We published an ANPR in the Federal Register 
on July 20, 2007, inviting comments from interested persons regarding 
the appropriate government role in differentiating grain attributes for 
ethanol conversion, as well as standardizing the testing of co-products 
of ethanol production. The initial comment period closed on September 
18, 2007, but due to a request from the National Grain and Feed 
Association, the closing date for comments was extended through 
December 4, 2007, as published in the Federal Register.
    We received 29 comments from individuals and organizations across 
the marketing chain. Overall, respondents do not want GIPSA to assist 
in the revision of existing definitions for ethanol co-products, 
establish standards for the co-products, or offer standardized tests 
for grain going into ethanol production or the resulting co-products, 
with one exception. Some commenters recommended that GIPSA's expertise 
in verifying the performance of commercial test kits might be applied 
to the marketing of the co-products. Commenters presented an overriding 
theme that the perceived needs of the ethanol industry will be best met 
by the various industry participants. One final observation was a 
recurring comment that the ethanol industry is relatively young, and 
because of this youth, GIPSA involvement (i.e., standardizing testing 
of ethanol inputs and outputs) may hinder its progress.
    In view of the comments received, we will not initiate any 
rulemaking action related to the matters presented in the ANPR. We will 
continue to monitor developments and remain actively engaged with the 
ethanol and co-products markets and will support the industry, as 
appropriate, in its efforts to successfully market ethanol co-products.

    Authority: (7 CFR 71-87k).

Randall D. Jones,
Acting Administrator, Grain Inspection, Packers and Stockyards 
Administration.
[FR Doc. E8-24946 Filed 10-20-08; 8:45 am]
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