[Federal Register Volume 74, Number 227 (Friday, November 27, 2009)]
[Proposed Rules]
[Page 62257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28429]


 ========================================================================
 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. 227 / Friday, November 27, 2009 / 
Proposed Rules  

[[Page 62257]]



DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration

7 CFR Part 810

RIN 0580-AB12


Request for Public Comment on the United States Standards for 
Wheat

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

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: The Department of Agriculture's (USDA) Grain Inspection, 
Packers, and Stockyards Administration (GIPSA) is reviewing the United 
States (U.S.) Standards for Wheat under the United States Grain 
Standards Act (USGSA). Since the standards were last revised, numerous 
changes have occurred in the breeding and production practices of 
wheat; the technology used to harvest, process, and test wheat; and 
also wheat marketing. To ensure that standards and official grading 
practices remain relevant, GIPSA invites interested parties to comment 
on whether the current wheat standards and grading practices need to be 
changed.

DATES: Comments must be received on or before February 25, 2010.

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 ``United States Standards for Wheat 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: Patrick McCluskey at GIPSA, USDA, 
Beacon Facility, Stop 1404, P.O. Box 419205, Kansas City, MO 64131-
6205; Telephone (816) 823-4639; Fax Number (816) 823-4644; e-mail 
[email protected].

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 (OMB).
    Under the authority of the USGSA (7 U.S.C. 76), GIPSA establishes 
standards for wheat and other grains regarding kind, class, quality and 
condition. The wheat standards, established by USDA on August 1, 1917, 
were last revised in 1993 and 2006 and appear in the USGSA regulations 
at 7 CFR 810.2201-810.2205. The standards facilitate wheat marketing 
and define U.S. wheat quality in the domestic and global marketplace. 
The standards define commonly used industry terms; contain basic 
principles governing the application of standards, such as the type of 
sample used for a particular quality analysis; specify grades, grade 
requirements, special grades; and special grade requirements, such as 
garlicky wheat and light smutty wheat. Official procedures for 
determining grading factors are provided in GIPSA's Grain Inspection 
Handbook, Book II, Chapter 13, ``Wheat,'' which also includes 
standardized procedures for additional quality attributes not used to 
determine grade, such as protein content and falling number. Together, 
the grading standards and testing procedures allow buyers and sellers 
to communicate quality requirements, compare wheat quality using 
equivalent forms of measurement and assist in price discovery.
    GIPSA's grading and inspection services are provided through a 
network of federal, state, and private laboratories that conduct tests 
to determine the quality and condition of wheat. These tests are 
conducted in accordance with applicable standards using approved 
methodologies and can be applied at any point in the marketing chain. 
Furthermore, the tests yield rapid, reliable and consistent results. In 
addition, GIPSA-issued certificates describing the quality and 
condition of graded wheat are accepted as prima facie evidence in all 
Federal courts. U.S. wheat standards and the affiliated grading and 
testing services offered by GIPSA verify that a seller's wheat meets 
specified requirements, and ensure that customers receive the quality 
of wheat they purchased.
    In order for U.S. standards and grading procedures for wheat to 
remain relevant, GIPSA is issuing this advance notice of proposed 
rulemaking to invite interested parties to submit comments, ideas, and 
suggestions on all aspects of the U.S. wheat standards and inspection 
procedures.

    Authority:  7 U.S.C. 71-87K.

J. Dudley Butler,
Administrator, Grain Inspection, Packers and Stockyards Administration.
[FR Doc. E9-28429 Filed 11-25-09; 8:45 am]
BILLING CODE 3410-KD-P