[Federal Register Volume 74, Number 207 (Wednesday, October 28, 2009)]
[Rules and Regulations]
[Pages 55441-55442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25928]



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  Federal Register / Vol. 74, No. 207 / Wednesday, October 28, 2009 / 
Rules and Regulations  

[[Page 55441]]



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: Final rule.

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

SUMMARY: The Grain Inspection, Packers and Stockyards Administration 
(GIPSA) is amending 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. GIPSA believes that these changes will enhance 
the use of the inspection certificate, and as a result, help to 
facilitate the marketing of Mixed rice.

DATES: Effective Date: November 27, 2009.

FOR FURTHER INFORMATION CONTACT: Beverly A. Whalen, USDA-GIPSA-FGIS-
ODA, Beacon Facility--STOP 1404, PO 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.
    GIPSA establishes and maintains a variety of quality and grade 
standards for agricultural commodities that 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 AMA 
standards to establish the grade of the rice and issues 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. When official rice inspectors issue inspection results, 
they 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 issued under the AMA (7 CFR part 868).
    The current regulations in 7 CFR 868 Subparts C (Sec. Sec.  
868.201-213), D (Sec. Sec.  868.251-264), and E (Sec. Sec.  868.301-
316) specify U.S. Standards for Rough Rice, Brown Rice for Processing, 
and Milled Rice, respectively, and include provisions about 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.
    This final rule moves the additional information on Mixed rice to 
the Results section of the certificate to enhance the use of the 
certificate.

Notice of Proposed Rulemaking and Final Action

    GIPSA published a Notice of Proposed Rulemaking in the Federal 
Register on June 24, 2009 (74 FR 30015), inviting interested parties to 
comment on amending the regulations under the AMA. GIPSA received no 
comments on the proposed rule during the comment period that ended on 
August 24, 2009. Accordingly, GIPSA is publishing the final rule as it 
was proposed. The revisions to Sec. Sec.  7 CFR 868.211, .262 and .314 
are as follows:
    (1) Revise the section heading wording from ``Grade Designation'' 
to read ``Grade Designation and Other Certificate Information;''
    (2) Specify the grade designation requirements for all classes of 
rice in paragraph (a) of each section;
    (3) Specify additional information required only for the class of 
Mixed rice in paragraph (b) of each section;
    (4) Specify that the additional information for Mixed rice be 
reported in the Results section of the inspection certificate; and
    (5) Convert the note at the end of the section to a new paragraph 
(c) in each section.
    We are also making other minor changes that include clarifying that 
grade designation information goes on the grade line of the inspection 
certificate. In addition, we are making 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

    This final rule moves certain information from the grade line to 
the Results section of the inspection certificate. GIPSA believes that 
this final rule will simplify the standards for rice and improve 
official inspection services by allowing for more efficient use of 
electronic certification. Regulated entities should not be additionally 
burdened by this proposed amendment. Moreover, having more legible 
inspection certificates should help these entities facilitate the 
marketing of rice.

Executive Order 12866 and Regulatory Flexibility Act

    The Office of Management and Budget has designated this rule as not

[[Page 55442]]

significant for the purposes of Executive Order 12866.
    We have determined that this final 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. 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 may 
be small entities, this final rule will 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. Although we do not expect 
this final rule to add any additional cost for entities of any size, 
any such costs 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. 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.

0
For the reasons set out in the preamble, we amend 7 CFR part 868 as 
follows:

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

0
1. The authority citation for part 868 continues to read as follows:

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


0
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;

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

    (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.''


0
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;

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

    (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.''


0
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;
    (3) The words ``or better,'' when applicable and requested by the 
applicant prior to inspection;

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

    (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.''

J. Dudley Butler,
Administrator, Grain Inspection, Packers and Stockyards Administration.
[FR Doc. E9-25928 Filed 10-27-09; 8:45 am]
BILLING CODE 3410-KD-P