[Federal Register Volume 74, Number 120 (Wednesday, June 24, 2009)]
[Proposed Rules]
[Pages 30015-30017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14846]


 ========================================================================
 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. 74, No. 120 / Wednesday, June 24, 2009 / 
Proposed Rules  

[[Page 30015]]



DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration

7 CFR Part 868

RIN 0580-AA94


United States Standards for Rough Rice, Brown Rice for 
Processing, and Milled Rice

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

ACTION: Proposed rule.

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SUMMARY: We are proposing to revise the U.S. Standards for Rough Rice, 
Brown Rice for Processing, and Milled Rice, to change the requirement 
that certain information currently provided on the grade line of 
official certificates for Mixed rice be moved to the Results section of 
the inspection certificate. These proposed changes enhance the use of 
the inspection certificate and, as a result, will help to facilitate 
the marketing of Mixed rice.

DATES: Comments must be received on or before August 24, 2009.

ADDRESSES: You may submit your written or electronic comments on this 
notice to:
     Mail: Tess Butler, GIPSA, USDA, 1400 Independence Avenue, 
SW., Room 1643-S, Washington, DC 20250-3604.
     E-Mail comments to: [email protected].
     Fax: (202) 690-2173.
     Internet: Go to http://www.regulations.gov and follow the 
on-line instruction for submitting comments.
    All comments will become a matter of public record and should be 
identified as ``U.S. Standards for Rice Notice Comments,'' making 
reference to the date and page number of this issue of the Federal 
Register. Comments will be available for public inspection at http://www.regulations.gov and in the above office during regular business 
hours (7 CFR 1.27(b)). Please call the GIPSA Management Support Staff 
at (202) 720-7486 to make an appointment to read comments received.

FOR FURTHER INFORMATION CONTACT: Beverly A. Whalen, USDA-GIPSA-FGIS-
ODA, Beacon Facility--STOP 1404, P.O. Box 419205, Kansas City, Missouri 
64141-6205; Telephone: (816) 823-4648; Fax Number: (816) 823-4644; e-
mail: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The Agricultural Marketing Act of 1946 (AMA) (7 U.S.C. 1621-1627) 
directs and authorizes the Secretary of Agriculture to develop and 
improve standards for agricultural products (7 U.S.C. 1622). These are 
standards of quality, condition, quantity, grade, and packaging. The 
standards encourage uniformity and consistency in commercial practices.
    The Grain Inspection, Packers and Stockyards Administration (GIPSA) 
establishes and maintains a variety of quality and grade standards for 
agricultural commodities. These standards serve as a fundamental 
starting point to define commodity quality in the domestic and global 
marketplace. The AMA standards are voluntary and widely used in private 
contracts, government procurement, marketing communication, and, for 
some commodities, consumer information. Standards developed by GIPSA 
under the AMA include rice, whole dry peas, split peas, feed peas, 
lentils, and beans.
    GIPSA inspects shipments of rice in accordance with the standards 
to establish the grade and issue inspection certificates for each 
shipment. We provide official procedures for inspections in the Rice 
Inspection Handbook for determining the various grading factors. In 
addition to Federal usage, the rice standards are applied by one state 
and one private cooperator. In 2008 GIPSA performed approximately 37 
percent of official rice inspections, with state and private 
cooperators performing the balance of official inspections. Official 
rice inspectors issue inspection certificates. The certificates 
document the grade designation on the grade line of the inspection 
certificate. The requirements for the grade designation for Rough Rice, 
Brown Rice for Processing, and Milled Rice categories are included in 
the regulations in 7 CFR part 868.
    The current regulations in 7 CFR Part 868 Subparts C (sections 
868.201-213), D (sections 868.251-264), and E (sections 868.301-316) 
specify U.S. Standards for Rough Rice, Brown Rice for Processing, and 
Milled Rice, respectively, and include provisions concerning the 
contents of the grade designation for each category of rice. In the 
grade designation for each category of rice, there is an additional set 
of information provided for the class of Mixed rice that specifies the 
content. Under the current standards, this additional information for 
Mixed rice is included on the grade line of the inspection certificate.
    We propose to move the information on Mixed rice to the Results 
section of the certificate to enhance the use of the certificate.

Description of Proposed Amendments

    The changes we propose would move some required information 
concerning Mixed rice from the grade line section of the certificate to 
the Results section of the inspection certificate for Rough Rice, Brown 
Rice for Processing, and Milled Rice. The additional grade designation 
information for the class of Mixed rice in each of the three rice 
categories are not grade determining factors, as specified in the 
standards. As such, these changes would not change the grade 
designation requirements. The proposed changes would only change where 
certain information is reported on the inspection certificate. There is 
more space in the Results section of the inspection certificate, and 
thus it is a more appropriate place to report this information. While 
taking this approach will not change the grade of the product, it will 
enhance the use of the inspection certificate.
    We propose to change the regulations in sections 7 CFR 868.211, 
262, and 314 by:
    (1) Revising the section heading wording from ``Grade Designation'' 
to read ``Grade Designation and Other Certificate Information,''
    (2) Specifying the grade designation requirements for all classes 
of rice in paragraph (a) of each section,
    (3) Specifying additional information required only for the class 
of Mixed rice in paragraph (b) of each section,
    (4) Specifying that the additional information for Mixed rice be 
reported in the Results section of the inspection certificate, and

[[Page 30016]]

    (5) Converting the note at the end of the section to a new 
paragraph (c) in each section.
    In addition, we propose other minor changes that include clarifying 
that grade designation information goes on the grade line of the 
inspection certificate. We also propose to make the format more 
readable and more consistent with other regulations in this section by 
converting notes into numbered paragraphs, and by inserting line breaks 
after each item in numbered lists of items.

Effects on Regulated Entities

    We are proposing to amend the regulations to move certain 
information from the grade line to the Results section of the 
inspection certificate. This action simplifies the standards for rice 
and will improve official inspection services by allowing for more 
efficient use of electronic certification. Interested persons should 
not be additionally burdened by this proposed amendment. Having more 
legible inspection certificates, however, should help these persons 
facilitate the marketing of rice.

Executive Order 12866 and Regulatory Flexibility Act

    The Office of Management and Budget designated this rule as not 
significant for the purposes of Executive Order 12866.
    We have determined that these proposed amendments would not have a 
significant economic impact on a substantial number of small entities 
as defined in the Regulatory Flexibility Act (5 U.S.C. 601-612). An 
initial regulatory flexibility analysis as described in 5 U.S.C. 605 of 
the Regulatory Flexibility Act is not required or provided here.
    The rice industry includes producers [approximately 4,300 farms 
(USDA-2002 Census of Agriculture)], handlers, processors, and 
merchandisers, who are the primary users of the rice standards, and use 
the standards as a common trading language to market rice. In addition, 
there is one state cooperator and one private cooperator that apply the 
standards. For North American Industry Classification System (NAICS) 
code 311212 ``rice milling,'' the Small Business Administration size 
standard is $500,000 in annual revenues. Most users of the official 
inspection services and those entities that perform these services do 
not meet the requirement of small entities. Even though some users are 
small entities, this proposed rule would not adversely affect or burden 
these users. Under the provisions of the AMA (7 U.S.C. 1621-1627), it 
is not mandatory for rice to be inspected. We do not expect the 
proposed changes to add any additional cost for entities of any size. 
Further, they would apply equally to all entities.

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform, and is not intended to have a retroactive effect. This 
rule will not preempt any State or local laws, regulations, or policies 
unless they present irreconcilable conflict with this rule. There are 
no administrative procedures that must be exhausted prior to any 
judicial challenge to the provisions of this rule.

Paperwork Reduction Act

    In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501-3520), the information collection and recordkeeping requirements 
in Part 868 have been previously approved by OMB No. 0580-0013.

E-Government Compliance

    GIPSA is committed to complying with the E-Government Act, to 
promote the use of the Internet and other information technologies to 
provide increased opportunities for citizen access to Government 
information and services, and for other purposes.

List of Subjects in 7 CFR Part 868

    Administrative practice and procedure, Agricultural commodities, 
Reporting and recordkeeping requirements, Rice.
    For the reasons set out in the preamble, we propose to amend 7 CFR 
Part 868 as follows:

PART 868--GENERAL REGULATIONS AND STANDARDS FOR CERTAIN 
AGRICULTURAL COMMODITIES

    1. The authority citation for part 868 continues to read as 
follows:

    Authority:  7 U.S.C. 1621-1627.

    2. Revise Sec.  868.211 to read as follows:


Sec.  868.211  Grade designation and other certificate information.

    (a) Rough rice. The grade designation for all classes of Rough rice 
shall be included on the certificate grade-line in the following order:
    (1) The letters ``U.S.'';
    (2) The number of the grade or the words ``Sample grade,'' as 
warranted;
    (3) The words ``or better,'' when applicable and requested by the 
applicant prior to inspection;
    (4) The class;
    (5) Each applicable special grade (see Sec.  868.213); and
    (6) A statement of the milling yield.
    (b) Mixed Rough rice information. For the class Mixed Rough rice, 
the following information shall be included in the Results section of 
the certificate in the following order:
    (1) The percentage of whole kernels of each type in the order of 
predominance;
    (2) The percentage of large broken kernels of each type in the 
order of predominance;
    (3) The percentage of material removed by the No. 6 sieve or the 
No. 6 sizing plate; and
    (4) The percentage of seeds, when applicable.
    (c) Large broken kernels. Large broken kernels, other than long 
grain, in Mixed Rough rice shall be certified as ``medium or short 
grain.''
    (Approved by the Office of Management and Budget under control 
number 0580-0013)
    3. Revise Sec.  868.262 to read as follows:


Sec.  868.262  Grade designation and other certificate information.

    (a) Brown rice for processing. The grade designation for all 
classes of Brown rice for processing shall be included on the 
certificate grade-line in the following order:
    (1) The letters ``U.S.'';
    (2) The number of the grade or the words ``Sample grade,'' as 
warranted;
    (3) The words ``or better,'' when applicable and requested by the 
applicant prior to inspection;
    (4) The class; and
    (5) Each applicable special grade (see Sec.  868.264).
    (b) Mixed Brown rice for processing information. For the class 
Mixed Brown rice for processing, the following information shall be 
included in the Results section of the certificate in the following 
order:
    (1) The percentage of whole kernels of each type in the order of 
predominance;
    (2) The percentage of broken kernels of each type in the order of 
predominance, when applicable; and
    (3) The percentage of seeds, related material, and unrelated 
material.
    (c) Broken kernels. Broken kernels, other than long grain, in Mixed 
Brown rice for processing shall be certified as ``medium or short 
grain.''
    (Approved by the Office of Management and Budget under control 
number 0580-0013)
    4. Revise Sec.  868.314 to read as follows:


Sec.  868.314  Grade designation and other certificate information.

    (a) Milled rice. The grade designation for all classes of Milled 
rice shall be included on the certificate grade-line in the following 
order:
    (1) The letters ``U.S.'';
    (2) The number of the grade or the words ``Sample grade,'' as 
warranted;

[[Page 30017]]

    (3) The words ``or better,'' when applicable and requested by the 
applicant prior to inspection;
    (4) The class; and
    (5) Each applicable special grade (see Sec.  868.316).
    (b) Mixed Milled rice information. For the class Mixed Milled rice, 
the following information shall be included in the Results section of 
the certificate in the following order:
    (1) The percentage of whole kernels of each type in the order of 
predominance;
    (2) The percentage of broken kernels of each type in the order of 
predominance, when applicable; and
    (3) The percentage of seeds and foreign material.
    (c) Broken kernels. Broken kernels, other than long grain, in Mixed 
Milled rice shall be certified as ``medium or short grain.''

(Approved by the Office of Management and Budget under control 
number 0580-0013)

J. Dudley Butler,
Administrator, Grain Inspection, Packers and Stockyards Administration.
[FR Doc. E9-14846 Filed 6-23-09; 8:45 am]
BILLING CODE 3410-KD-P