[Federal Register Volume 76, Number 137 (Monday, July 18, 2011)]
[Proposed Rules]
[Pages 42067-42072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17994]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 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. 76, No. 137 / Monday, July 18, 2011 / 
Proposed Rules  

[[Page 42067]]



DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration

7 CFR Part 800

RIN 0580-AB15


Inspection and Weighing of Grain in Combined and Single Lots

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

ACTION: Proposed rule.

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

SUMMARY: The Department of Agriculture's (USDA), Grain Inspection, 
Packers and Stockyards Administration (GIPSA) is proposing to revise 
the regulations that cover the official grain inspection and weighing 
service procedures that GIPSA's Federal Grain Inspection Service (FGIS) 
performs under the authority of the United States Grain Standards Act 
(USGSA), as amended. Specifically, GIPSA proposes to update the 
regulations issued under the USGSA pertaining to grain exported in 
large reusable containers typically loaded onto export ships. GIPSA 
proposes to add new definitions of composite and average grades, limit 
the number of such containers that could be averaged or combined to 
form a single lot, restrict the inspection and weighing of such 
container lots to the official service provider's area of 
responsibility, specify a 60-day retention period for file samples 
representing such container lots, and make consistent the weighing 
certification procedures for container lots with those for inspection 
certification procedures. GIPSA believes that these proposed revisions 
would enhance the integrity of the Federal grain export certification 
process and the uniformity of USDA-certified export grain shipped in 
large reusable containers as to grade, thus facilitating the marketing 
of all U.S. grain shipped for export.

DATES: Comments must be received on or before September 16, 2011.

ADDRESSES: You may submit comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Tess Butler, GIPSA, USDA, 1400 Independence Avenue, 
SW., room 2542-S, Washington, DC 20250-3642.
     E-mail: Comments to [email protected].
     Fax: (202) 690-2173.

All comments will become a matter of public record and should be 
identified as ``Containerized Grain Proposed Rule Comments,'' making 
reference to the date and page number of this issue of the Federal 
Register. Comments will be available for public inspection on http://www.regulations.gov and in the above office during regular business 
hours (7 CFR 1.27(b)). Please call GIPSA at (202) 720-7486 to make an 
appointment to read the comments.

FOR FURTHER INFORMATION CONTACT: Robert Lijewski, Director, USDA, 
GIPSA, Field Management Division, 1400 Independence Avenue, SW., Room 
2409-S, Washington, DC 20250-3630, phone (202) 720-0224.

SUPPLEMENTARY INFORMATION:

Background

    The United States Grain Standards Act (USGSA) (7 U.S.C. 71-87k), as 
amended, provides an official inspection system that facilitates the 
marketing of grain in domestic and international markets. The Secretary 
of Agriculture (Secretary) is authorized by the USGSA to establish 
standards of kind, class, quality, and condition for various grains and 
to establish standards or procedures for accurate weighing and weight 
certification and controls, including safeguards over equipment 
calibration and maintenance, for grain shipped in interstate or foreign 
commerce. Additionally, the Secretary can amend or revoke these 
standards or procedures as needed in order to adjust to current 
industry needs and practices. Under authority delegated by the 
Secretary, GIPSA is authorized to establish and maintain regulations 
that cover the inspection and weighing of grain under the USGSA.
    Grain exported in large reusable containers has grown exponentially 
in the past 5 years to levels that GIPSA believes have far exceeded 
grain industry expectations. Increased exports of containerized grain 
have, in turn, increased the demand for USDA grain inspection services 
provided by FGIS and its official grain export service providers. While 
the overall market share for U.S. export grain shipped in large 
reusable containers has grown rapidly, USGSA regulations (7 CFR 800) 
for export grain shipments have focused primarily on the inspection and 
grading of grain exported in shiplots, unit trains, and lash barges--
not on grain exported in multiple large reusable containers that are 
considered collectively as a single lot.
    The last amendments to the USGSA regulations occurred in 1980 (45 
FR 15810) when grain was not typically exported in large reusable 
containers but was exported after being loaded in bulk onto ships, unit 
trains, and lash barges. In recent years, however, demand has increased 
for grain that is exported in large reusable containers, which enables 
buyers and sellers to negotiate contract terms that specify the exact 
quantity and quality of grain to be delivered. Typically, the industry 
uses large reusable containers that may be 20 feet or 40 feet in 
length, 8'0'' or 8'6'' in width, and 8'6'' or 9'6'' in height to 
transport bulk or sacked grain. Large reusable containers are usually a 
metal truck/trailer body that can be detached from the chassis for 
loading into a vessel, a railcar, or stacked in a container depot. 
Sales contracts usually cover multiple container parcels known as 
``bookings'' (i.e., grain in multiple large reusable containers that 
may be from different sources but are sold under a single sales 
contract and a single certificate) that are shipped to multiple end 
users, but collectively are considered a single lot. Unless exempted 
from official inspection and weighing requirements, a sales contract 
must stipulate that the overall quality in a booking meets an official 
USDA grade standard. Accordingly, export grain sellers often request 
that GIPSA combine inspection results from the individual containers 
and issue one official inspection certificate for the booking.

Description of Proposed Revisions

    GIPSA and grain buyers expect grain in one booking to be of overall 
uniform quality. To guarantee that quality is maintained for grain 
exported in large reusable containers, GIPSA believes that

[[Page 42068]]

the USGSA regulations pertaining to grain exported in such containers 
must be revised to ensure that sellers ship the exact quantity and 
quality of grain specified in the sales contracts (unless otherwise 
stated, or ``if applicable'') that are currently required for grain 
loaded onto ships, unit trains, and lash barges. Therefore, GIPSA 
proposes to revise the USGSA regulations by adding new definitions of 
composite and average grades, establishing procedures for grain shipped 
in multiple large reusable containers that would be certified on one 
certificate; limit the number of such containers that could be averaged 
or combined into a single lot; restrict the inspection and weighing of 
such container lots to the official service provider's area of 
responsibility, whether a designated state, delegated state, or private 
agency; and specify a 60-day retention period for file samples 
representing large reusable container lots so that such containers 
would be in line with the current retention schedule of short voyage 
export ships and barges.
    In Sec.  800.0 of the regulations, GIPSA proposes adding 
definitions for the terms ``average grade'' and ``composite grade'' to 
address methods of combining multiple samples to achieve a single 
grade. This is necessary to issue the USDA inspection certificate for 
the single lot.
    Sections 800.84 and 800.85 would be amended to require the 
applicant to provide written instructions, otherwise known as a load 
order, to official personnel that reflect contract requirements, if 
applicable, for quality and quantity for carriers graded on a composite 
or average grade basis and to limit the number of large reusable 
containers that may be averaged or combined to comprise a single lot. 
Under existing procedures, a single inspection certificate can be 
issued for hundreds of individual large reusable containers of grain. 
When large numbers of large reusable containers loaded with grain are 
combined into a single lot, however, GIPSA has found that the bookings 
may not be uniform with respect to overall quality. GIPSA has observed 
over time, however, that limiting the maximum number of individual 
units to 20 large reusable containers, 5 railcars, or 15 trucks that 
may be combined to form an average grade analysis for a single lot 
increases the likelihood that a shipment of grain is more uniform in 
quality and meets buyers' expectations. Our proposal would also require 
that grain in any single lot be loaded in a reasonably continuous 
operation (Sec.  800.0(b)(85)) to ensure that the quality of the grain 
in large reusable containers does not diminish over time. This proposed 
change would align the regulations regarding export grain loaded in 
large reusable containers with those regulations for grain loaded onto 
ships, unit trains, and lash barges. GIPSA believes that creating a 
reasonably continuous loading requirement for large reusable containers 
that is the same for ships, unit trains, and lash barges would promote 
the marketing of export grain by establishing a more equitable playing 
field among grain buyers and sellers.
    In addition to ensuring that bookings (groupings of large reusable 
containers in a contract) are uniform in overall quality, the proposed 
revisions to the regulations would also require that all lots are 
loaded in a reasonably continuous operation (Sec.  800.0(b)(85)), that 
the loaded grain is maintained in good condition, that weighing in 
combined lots is performed in accordance with USGSA regulations, and 
that all large reusable containers of USDA-certified grain for export 
are uniform in quality, adhere to contract specifications, if 
applicable, as reflected in the load order, and meet customers' 
expectations. GIPSA believes that establishing regulations for grain 
exported in large reusable containers that parallel the continuous 
loading operation of inspection and loading procedures for grain 
exported in shiplots, unit trains, and lash barges would enhance the 
enforcement of the USGSA and ensure that U.S. grain shipped in all 
carriers adheres to contract specifications, if applicable. USGSA 
regulations currently define the term ``carrier'' as a truck, trailer, 
truck/trailer(s) combination, railroad car, barge, ship, or other 
container used to transport bulk or sacked grain, which includes large 
reusable containers.
    Section 800.97(c)(1) would be revised to add the term ``container'' 
in order to make clear that the basic requirement would be that one 
official certificate must be issued for the weighing of each large 
reusable container, truck, trailer, truck/trailer combination, railroad 
car, barge, or similarly sized carrier. Additional regulatory text 
would limit the number of carriers on a weight certificate at a single 
location and would specify that weighing take place in a reasonably 
continuous operation. This would align the weight certification 
procedures with the inspection certification procedures as there would 
be a reasonably continuous operation procedure for both the inspection 
and weighing of all carriers.
    Section 800.98(b) would be revised to remove the requirement that 
grain in each single lot be weighed at the same location, and include a 
new provision that would allow grain weighed at multiple locations to 
be certified as a combined lot in a single booking. Weighing performed 
at each individual location is still required to be completed in a 
reasonably continuous operation that parallels the current inspection 
procedures. This new provision would enable foreign buyers to purchase 
grain shipped in multiple large reusable containers under one sales 
contract by allowing U.S. grain exporters to weigh grain for a combined 
lot at different locations within an official agency's designated/
delegated area. Official agencies are State or local government 
agencies, or persons, designated/delegated by GIPSA to perform official 
inspection and/or weighing services under the USGSA. The limitation of 
weighing and certifying grain in combined lots at one location would be 
eliminated to promote the marketability of grain by allowing large 
reusable containers from several loading facilities to be included on 
one weight certificate. As a result, more than one elevator or loading 
location may exist on a combined lot weight certificate since weighing 
would be permitted at multiple locations.
    New requirements would be added in Sec.  800.152 related to the 
retention of file samples from containers, short voyage ships, and 
barges. The table currently in this section would be amended to include 
a column for ``Other'' to clarify that the file retention requirements 
apply to situations involving bins, tanks, and submitted samples since 
bins, tanks, and submitted samples do not fall under the ``in,'' 
``out,'' or ``export'' categories.

Alternatives Considered

    We considered continuing using the current inspection procedures 
for all grain exported in large reusable containers. GIPSA believes, 
however, that a limitless amount of large reusable containers combined 
into a single lot would increase sampling variability due to the 
infinite sample size.
    GIPSA also considered mandating that each individual large reusable 
container be inspected and certified. Doing so, however, would 
unnecessarily burden U.S. grain exporters and USDA's official 
inspection system with increased labor and equipment costs, and would 
affect the timeliness of certificate issuance.
    GIPSA believes that the proposed revisions to the USGSA regulations 
would continue to promote the orderly marketing of U.S. grain. The 
proposed revisions were carefully designed to ensure the integrity of 
the USDA

[[Page 42069]]

certificate and foster consumer confidence in U.S. grain.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been determined to be not significant for the 
purposes of Executive Order 12866 and, therefore, has not been reviewed 
by the Office of Management and Budget (OMB).
    Pursuant to the requirements set forth in the Regulatory 
Flexibility Act (RFA) (5 U.S.C. 601-612), GIPSA has considered the 
economic impact of this action on small entities. The purpose of the 
RFA is to fit regulatory actions to the scale of businesses subject to 
such actions in order that small businesses will not be unduly or 
disproportionately burdened.
    Under the provisions of the USGSA, grain exported from the U.S., 
unless exempted, must be officially inspected and weighed. Mandatory 
inspection and weighing services are provided by GIPSA at 47 export 
facilities and by delegated States at 17 facilities, and seven 
facilities for U.S. grain transshipped through Canadian ports. 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 (SBA). 
Furthermore, these regulations are applied equally to all entities. The 
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 persons who handle, weigh, or transport grain for sale 
in foreign commerce must also register. Section 800.30 of the USGSA 
regulations (7 CFR 800.30) define a foreign commerce grain business as 
any person who regularly engages in buying for sale, handling, 
weighing, or transporting grain totaling 15,000 metric tons or more 
during the preceding or current calendar year. At present, there are 
113 registrants registered to export grain. While most of the 113 
registrants are large businesses, we believe that some are small.
    The SBA defines small businesses by their North American Industry 
Classification System Codes (NAICS).\1\ The SBA defines small grain 
exporters in its regulations (13 CFR 121.201) as entities having less 
than $7,000,000 in average annual receipts (NAICS code 115114). Small 
grain exporters that export less than 15,000 metric tons per year are 
exempt from the mandatory inspection and weighing requirements under 
Sec.  800.18 of the USGSA regulations (7 CFR 800.18). This ``waiver'' 
was established to provide economic relief to small grain exporter 
businesses from inspection and weighing requirements without impairing 
the objectives of the USGSA.
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    \1\ See: http://www.sba.gov/idc/groups/public/documents/sba_homepage/serv_sstd_tablepdf.pdf.
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    This proposed rule would revise the regulations regarding 
procedures for official export grain inspection and weighing services 
performed under the authority of the USGSA. The proposed rule would 
also amend the USGSA regulations for grain shipped in large reusable 
containers for export, add new definitions for composite and average 
grades for grain in multiple large reusable containers certified on one 
certificate, limit the number of large reusable containers that would 
be averaged or combined in a single lot, restrict the inspection and 
weighing of large reusable container lots to the official service 
provider's area of responsibility to align large reusable containers 
with other shipments of grain; specify a 60-day retention period for 
file samples representing large reusable container lots; and align 
weighing certification procedures for large reusable container lots 
with those for inspection certification procedures.
    There would be no additional reporting or record keeping 
requirements imposed upon small entities as a result of this proposed 
rule. GIPSA has not identified any other Federal rules which may 
duplicate, overlap or conflict with this proposed rule. Given the 
forgoing discussion, GIPSA has therefore determined that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities as defined in the RFA.
    We welcome comments on the cost of compliance with this proposed 
rule, and particularly on the impact of this proposed rule on small 
businesses. We also welcome comments on any alternatives to the 
proposed rule that may achieve the same purpose with less cost or 
burden.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This action is not intended to have retroactive 
effect. The USGSA provides in section 87g (7 U.S.C. 87g) that no 
subdivision may require or impose any requirements or restrictions 
concerning the inspection, weighing, or description of grain under the 
USGSA. Otherwise, this rule would not preempt any State or local laws, 
or regulations, or policies unless they present an irreconcilable 
conflict with this rule. There are no administrative procedures which 
must be exhausted prior to any judicial challenge to the provisions of 
this rule.

Executive Order 13175

    This proposed rule has been reviewed with the requirements of 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments. This rule would not have substantial and direct effects on 
Tribal governments and would not have significant Tribal implications.

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 800 have been approved by Office of Management and Budget under 
Control 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 800

    Administrative practice and procedure, exports, grains, reporting 
and recordkeeping requirements.
    For the reasons set out in the preamble, GIPSA proposes to amend 7 
CFR Part 800 as follows:

PART 800--GENERAL REGULATIONS

    1. The authority citation for part 800 continues to read as 
follows:

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

    2. Amend Sec.  800.0(b) by removing the numerical paragraph 
designations (1) through (107) and adding definitions for ``average 
grade'' and ``composite grade'' in alphabetical order to read as 
follows:


Sec.  800.0  Meaning of terms.

* * * * *
    (b) * * *
    Average grade. Multiple carrier units or sublots that are graded 
individually then averaged to form a single lot inspection.
* * * * *
    Composite grade. Multiple samples obtained from the same type of 
carriers (e.g., trucklots, containers) that are combined into one 
sample for grade to form a single lot inspection.
* * * * *
    3. Amend Sec.  800.84 by revising paragraphs (a), (b)(1), (b)(2) 
and the introductory text of paragraph (c) to read as follows:

[[Page 42070]]

Sec.  800.84  Inspection of grain in land carriers, containers, and 
barges in single lots.

    (a) General. The inspection of bulk or sacked grain loaded or 
unloaded from any carrier or container, except shiplot grain, must be 
conducted in accordance with the provision in this section and 
procedures prescribed in the instructions. Applicant must provide 
written instructions to official personnel, reflecting contract 
requirements for quality and quantity for the inspection of multiple 
carriers graded on a composite grade or average grade basis.
    (b) * * *
    (1) Single grade. When grain in a carrier(s) is/are offered for 
inspection as one lot and the grain is found to be uniform in 
condition, the grain must be sampled, inspected, graded, and certified 
as one lot. For the purpose of this paragraph, condition only includes 
the factors heating and odor.
    (i) Composite grade. Grain loaded in multiple carriers offered for 
inspection may be combined into a single sample for grade analysis and 
certified as a single lot, provided that the grain in each individual 
carrier is inspected and found uniform in respect to odor, condition, 
and insect infestation, and sampling is performed at the individual 
loading location in a reasonably continuous operation. The maximum 
number of individual units that may be combined to form a composite 
grade analysis is 20 containers, 5 railcars, or 15 trucks. Composite 
analysis must be restricted to carriers inspected within the official 
service provider's area of responsibility.
    (ii) Average grade. Grain loaded in multiple carriers offered for 
inspection may be graded individually, then averaged for certification 
as a single lot, provided that: the grain in each individual carrier is 
inspected and graded as an individual unit; the grain is found to be 
uniform in respect to odor, condition, and insect infestation; and 
sampling is performed at the individual loading location in a 
reasonably continuous operation. The maximum number of individual units 
that may be combined to form an average grade analysis is 20 
containers, 5 railcars, or 15 trucks. Average grade analysis is 
restricted to carriers inspected within the official service provider's 
area of responsibility.
    (2) Multiple grade. When grain in a carrier is offered for 
inspection as one lot and the grain is found to be not uniform in 
condition because portions of the grain are heating or have an odor, 
the grain in each portion will be sampled, inspected, and graded 
separately; but the results must be shown on one certificate. The 
certificate must show the approximate quantity or weight of each 
portion, the location of each portion in the carrier or container, and 
the grade of the grain in each portion. The requirements of this 
section are not applicable when an applicant requests that the grade of 
the entire carrier be based on a determination of heating or odor when 
only a portion of the carrier is found to be heating or have an odor.
* * * * *
    (c) One certificate per carrier: exceptions. Except as provided in 
this paragraph, one official certificate must be issued for the 
inspection of the grain in each truck, trailer, truck/trailer(s) 
combination, container, railcar, barge, or similarly-sized carrier, or 
composite/average grade analysis on multiple carrier units. The 
requirements of this paragraph are not applicable:
* * * * *
    4. Amend Sec.  800.85 by revising paragraphs (b)(1), (c)(1), 
(c)(2), (h)(4), and (h)(5) to read as follows:


Sec.  800.85  Inspection of grain in combined lots.

* * * * *
    (b) * * *
    (1) For inspection during loading, unloading, or at rest. 
Applications for official inspection of grain as a combined lot must:
    (i) Be filed in accordance with Sec.  800.116;
    (ii) Show the estimated quantity of grain that is to be certified 
as one lot;
    (iii) Show the contract grade, and if applicable; other inspection 
criteria required by the contract; and
    (iv) Identify each carrier into which grain is being loaded or from 
which grain is being unloaded.
* * * * *
    (c) * * *
    (1) Inspection during loading, or unloading, or at rest. Grain in 
two or more land carriers or barges that are to be officially inspected 
as a combined lot, must be sampled in a reasonably continuous 
operation. Representative samples must be obtained from the grain in 
each individual carrier and inspected in accordance with procedures as 
prescribed in the instructions.
    (2) Recertification. Grain that has been officially inspected and 
certified as two or more single, composite, or average quality lots may 
be recertified as a combined lot provided that:
    (i) The grain in each lot was sampled in a reasonably continuous 
operation;
    (ii) The original inspection certificates issued for the single, 
composite, or average quality lots have been surrendered to official 
personnel;
    (iii) Representative file samples of the single, composite, or 
average quality lots are available;
    (iv) The grain in the single, composite, or average quality lots is 
of the same grade or better grade and quality than as specified in the 
written instructions provided by the shipper;
    (v) Official personnel who performed the inspection service for the 
single, composite, or average quality lots and the official personnel 
who are to recertify the grain as a combined lot must determine that 
the samples used as a basis for the inspection of the grain in the 
single, composite, or average quality lots were representative at the 
time of sampling and have not changed in quality or condition; and
    (vi) The quality or condition of the grain meets uniformity 
requirements established by the Service for official inspection of 
grain in combined lots.
* * * * *
    (h) * * *
    (4) Combined-lot certification; general. Each official certificate 
for a combined-lot inspection service must show the identification for 
the ``combined lot'' or, at the request of the applicant, the 
identification of each carrier in the combined lot. If the 
identification of each carrier is not shown, the statement ``Carrier 
identification available on the official work record'' must be shown on 
the inspection certificate in the space provided for remarks. The 
identification and any seal information for the carriers may be shown 
in the Remarks section on the reverse side of the inspection 
certificate, provided that the statement ``See reverse side'' is shown 
on the face of the certificate in the space provided for remarks, or on 
an additional page.
    (5) Recertification. If a request for a combined-lot inspection 
service is filed after the grain has been officially inspected and 
certified as single, composite, or average quality lots, the combined-
lot inspection certificate must show, in addition to the requirements 
of paragraph (h)(4) of this section the following:
    (i) The date of inspection of the grain in the combined lot (if the 
single, composite, or average quality lots were inspected on different 
dates, the latest of the dates must be shown);
    (ii) A serial number other than the serial numbers of the official 
inspection certificates that are to be superseded;
    (iii) The location of the grain, if at rest, or the name(s) of the 
elevator(s) from which or into which the grain in the combined lot was 
loaded or unloaded;

[[Page 42071]]

    (iv) A statement showing the approximate quantity of grain in the 
combined lot;
    (v) A completed statement showing the identification of any 
superseded certificates; and
    (vi) If at the time of issuing the combined-lot inspection 
certificate the superseded certificates are not in the custody of the 
official personnel, a statement indicating that the superseded 
certificates have not been surrendered must be clearly shown in the 
space provided for remarks. If the superseded certificates are in the 
custody of official personnel, the superseded certificates must be 
clearly marked ``Void.''
* * * * *
    5. Amend Sec.  800.97 by revising paragraphs (b)(1) and (c)(1) to 
read as follows:


Sec.  800.97  Weighing grain in containers, land carriers, barges, and 
shiplots.

* * * * *
    (b) * * *
    (1) General. If grain in a carrier is offered for inspection or 
weighing service as one lot, the grain must be weighed at the 
individual weighing location in a reasonably continuous operation and 
certified as one lot. The identification of the carrier(s) must be 
recorded on the scale tape or ticket and the weight certificate.
* * * * *
    (c) Certification of trucklots, containerlots, carlots, and 
bargelots. (1) Basic requirement. One official certificate must be 
issued for the weighing of the grain in each container, truck, trailer, 
truck/trailer(s) combination, railroad car, barge, or similarly sized 
carrier. This requirement is not applicable to multiple grain carriers 
weighed as a single lot or combined lot under Sec.  800.98.
* * * * *
    6. Amend Sec.  800.98 by revising paragraphs (b)(1), (b)(2), and 
(c)(2) to read as follows:


Sec.  800.98  Weighing grain in combined lots.

* * * * *
    (b) * * *
    (1) Single lot weighing. Single lots of grain that are to be 
weighed as a combined lot may be weighed at multiple locations, 
provided that the lots are contained in the same type of carrier and 
weighing is performed at each individual location in a reasonably 
continuous operation. The grain loaded into or unloaded from each 
carrier must be weighed in accordance with procedures prescribed in the 
instructions. In the case of sacked grain, a representative weight 
sample must be obtained from the grain in each carrier unless otherwise 
specified in the instructions.
    (2) Recertification. Grain that has been weighed and certified as 
two or more single lots may be recertified as a combined lot, provided 
that the original weight certificates issued for the single lots have 
been or will be surrendered to the appropriate agency or field office, 
and the official personnel who performed the weighing service for the 
single lots and the official personnel who are to recertify the grain 
as a combined lot determine that the weight of the grain in the lots 
has not since changed, and in the case of sacked grain, that the weight 
samples used as a basis for weighing the single lots were 
representative at the time of the weighing.
* * * * *
    (c) * * *
    (2) Recertification. If a request for a combined-lot Class X or 
Class Y weighing service is filed after the grain in the single lots 
has been weighed and certified, the combined-lot weighing certificate 
must show the following:
    (i) The date of weighing the grain in the combined lot (if the 
single lots were weighed on different dates, the latest dates must be 
shown);
    (ii) A serial number, other than the serial numbers of the weight 
certificates that are to be superseded;
    (iii) The name of the elevator(s) from which or into which the 
grain in the combined lot was loaded or unloaded;
    (iv) A statement showing the weight of the grain in the combined 
lot;
    (v) A completed statement showing the identification of any 
superseded certificate as follows: ``This combined-lot certificate 
supersedes certificate Nos. ------------, dated ------------; and
    (vi) If at any time of issuing the combined-lot weight certificate, 
the superseded certificates are not in the custody of the agency or 
field office, the statement ``The superseded certificates identified 
herein have not been surrendered'' must be shown clearly in the space 
provided for remarks beneath the statement identifying the superseded 
certificates. If the superseded certificates are in the custody of the 
agency or field office, the superseded certificates must be clearly 
marked ``Void.''
* * * * *
    7. Amend Sec.  800.152 by revising paragraph (b) to read as 
follows:


Sec.  800.152  Maintenance and retention of file samples.

* * * * *
    (b) Minimum retention period. Upon request by an agency and with 
the approval of the Service, specified file samples or classes of file 
samples may be retained for shorter periods of time.

----------------------------------------------------------------------------------------------------------------
                     Carrier                            In              Out           Export           Other
----------------------------------------------------------------------------------------------------------------
(1) Trucks......................................               3               5              30  ..............
(2) Railcars....................................               5              10              30  ..............
(3) Ships & Barges..............................               5              25              90  ..............
(4) Ships and Barges (short voyage--5 days or                  5              25              60  ..............
 less)..........................................
(5) Containers..................................               5              60              60  ..............
(6) Bins & Tanks................................  ..............  ..............  ..............               3
(7) Submitted Samples...........................  ..............  ..............  ..............               3
----------------------------------------------------------------------------------------------------------------

* * * * *

J. Dudley Butler,
Administrator, Grain Inspection, Packers and Stockyards Administration.
[FR Doc. 2011-17994 Filed 7-15-11; 8:45 am]
BILLING CODE 3410-KD-P