United States Standards for Corn

DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration

7 CFR Part 810

RIN 0580-AA14

United States Standards for Corn

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

ACTION: Final rule.

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SUMMARY: The Grain Inspection, Packers and Stockyards Administration

(GIPSA) is revising the United States Standards for Corn to: report

test weight (TW) to the nearest tenth of a pound; eliminate the count

limit on stones and reduce the U.S. Sample grade aggregate weight

tolerance from more than 0.2 percent by weight to more than 0.1 percent

by weight; and offer stress crack testing as official criteria.

The objective of these revisions is to ensure that the corn

standards are serving their intended purpose to facilitate the

marketing of corn.

EFFECTIVE DATE: September 1, 1996.

Availability: Stress crack testing will be available January 1,

1996.

FOR FURTHER INFORMATION CONTACT: George Wollam, USDA, GIPSA, room 0623,

South Building, P.O. Box 96454, Washington, D.C. 20090-6454; telephone

(202) 720-0292; FAX (202) 720-4628.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

The Department is issuing this rule in conformance with Executive

Order 12866.

Executive Order 12778

This final rule has been reviewed under Executive Order 12778,

Civil Justice Reform. This action is not intended to have retroactive

effect. The United States Grain Standards Act (Act) provides in section

87g that no State or subdivision may require or impose any requirements

or restrictions concerning the inspection, weighing, or description of

grain under the Act. Otherwise, this rule will not preempt any State or

local laws, 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.

Regulatory Flexibility Act Certification

James R. Baker, Administrator, GIPSA, has determined that this 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 et seq.) because most users of the official inspection and weighing

services and those entities that perform these services do not meet the

requirements for small entities. Further, the regulations are applied

equally to all entities.

Background

During October 1993, the Federal Grain Inspection Service (FGIS),

which is now part of GIPSA, prepared a discussion paper concerning the

U.S. Standards for Corn. This paper addressed a number of issues

relating to the corn standards and served as a starting point for

discussions with producers, trade associations, processors, handlers,

and merchandisers to better understand their views on changes needed to

improve existing standards. It was distributed throughout the grain

industry. FGIS received positive response from the grain industry.

On February 22, 1995, GIPSA proposed in the Federal Register (60 FR

9790) to revise the United States Standards for corn to: (1) report TW

to the nearest tenth of a pound; (2) eliminate the count limit on

stones and reduce the U.S. Sample grade aggregate weight tolerance from

more than 0.2 percent by weight to more than 0.1 percent by weight; and

(3) offer stress crack testing as official criteria. Furthermore, GIPSA

sought comments not only on the proposal to offer stress crack testing

as official criteria, but also on the reporting method.

GIPSA officials discussed the proposed revisions to the corn

standards at the Grain Quality Workshops and presented the stress crack

testing proposal at the Grain Quality Conference organized by the

University of Illinois.

Comment Review

During the 60-day comment period, GIPSA received fifteen comments:

four from grain handlers, three from corn producers, three from corn

processors, two from official inspection agencies, two from foreign

buyers, and one from academia.

On the basis of these comments received during the comment period

and other available information, GIPSA has decided to enact the changes

as proposed.

TW Per Bushel

TW per bushel is the weight per Winchester bushel (2,150.42 cubic

inches) as determined using an approved device according to procedures

prescribed in FGIS instructions. TW for corn is determined before the

removal of broken corn and foreign material and certificated in whole

and half pounds with a fraction of a half pound disregarded. Upon

request, TW for corn is reported to the nearest tenth of a pound in

addition to the official certification method.

Reporting TW in corn to the nearest tenth of a pound will bring TW

reporting requirements in line with the reporting requirements for

other factors such as damaged kernels total and broken corn and foreign

material. Another consideration is that nearly all TW results are

currently rounded down. For example, under the current reporting

method, a scale reading 53.99 pounds per bushel is certified as 53.5

pounds per bushel, which meets the TW grade limit for U.S. No. 3 corn.

If the results, however, were rounded to the nearest tenth of a pound,

the resultant 54.0 pounds per bushel would meet the grade limit for

U.S. No. 2 corn. Usually, the current practice of rounding down causes

TW to be underrepresented throughout the marketing channel.

Furthermore, the rounding of TW results to the nearest tenth of a pound

will not significantly affect the assigned grade since, in most cases,

the rounded result will fall within the grade requirement.

Nine commentors supported the proposed change stating that

reporting TW to the nearest tenth of a pound is in the best interest of

corn producers, will have a positive impact on net farm income, and

rounding down in half pound increments has been particularly unfair and

sent a negative signal to producers.

Two commentors opposed this change stating that the current

rounding method is working satisfactorily; GIPSA has not confirmed that

it will have a net beneficial impact on the market or that the current

reporting method inhibits the efficient transmission of information on

quality; and they are concerned about the reproducibility of results at

the tenth of a pound level.

[[Page 61195]]

Commentors in support of the proposed action indicate that

reporting TW to the nearest tenth pound per bushel will benefit both

producers and the general corn market. Further, statistical information

provided in the proposed action indicated that the reproducibility of

TW results is similar to or better than the reproducibility of other

factors reported to the nearest tenth. Therefore, the reproducibility

of TW results was considered prior to the proposal.

Based on this information, comments received, and other available

information, GIPSA is revising Sec. 810.102, Definition of other terms,

by revising section (d), Test weight per bushel, to report TW in corn

to the nearest tenth of a pound per bushel.

Stone Count

GIPSA proposed to eliminate the count limit on stones and reduce

the U.S. Sample grade aggregate weight tolerance from more than 0.2

percent by weight to more than 0.1 percent by weight. Presently, eight

or more stones with an aggregate weight in excess of 0.2 percent of the

sample are required to assign the Sample Grade designation. This

determination is performed before the removal of broken corn and

foreign material.

Ten commentors supported the proposed change stating that

eliminating the stone count limit and reducing the aggregate weight

percent from 0.2 to 0.1 will not have a negative impact on growers,

provides a positive signal to foreign buyers, addresses the needs of

corn millers without adversely affecting corn farmers, and emphasizes

the importance of quality by clearly showing that reducing

contamination is desirable.

One opponent stated that elimination of stone count limits is

undesirable because having one 15-gram stone in a 1,000-gram sample

could make a lot ``Sample Grade'' and one stone is incidental and may

be the only stone in the entire lot.

Stones have harmful effects on corn quality and millability. In

addition, several corn industry representatives have requested that the

count limit on stones be eliminated to encourage the delivery of high

quality corn. GIPSA believes that eliminating the stone count limit and

reducing the aggregate weight tolerance will facilitate the marketing

of corn.

Based on this information, comments received, and other available

information, GIPSA is revising Sec. 810.404, Grades and grade

requirements for corn, by revising the definition of U.S. Sample Grade

by eliminating the count limit on stones and reducing the aggregate

weight criteria from more than 0.2 percent by weight to more than 0.1

percent by weight.

Stress Crack Testing Service

GIPSA proposed to offer corn stress crack testing using the

Illinois Crop Improvement Association, Identity Preserved Grain

Laboratory (IPGL), method as official criteria under the authority of

the Act and sought comments on the reporting method for results.

As described by the IPGL, stress crack tests are performed on

random subsamples. The kernels are inspected visually on a backlighted

lightboard and separated into four categories: no or zero stress

cracks; one or single stress cracks; two or double stress cracks; and

more than two or multiple stress cracks. The percentage of kernels

falling into each category is used to calculate the percentage of total

stress cracks and stress crack index as follows:

% TSC = [% single SC + % double SC + % multiple SC]

SCI = [(% single SC) + (% double SC x 3) + (% multiple SC x 5)]

Where SC = stress cracks:

SCI = stress crack index; and

TSC = total stress cracks.

The stress crack index is an indication of the multiplicity of stress

cracks in each kernel. The weighting factors indicate that corn kernels

with double and multiple stress cracks are more susceptible to breakage

than kernels with single stress cracks.

This testing service will be optional and GIPSA will recover the

cost of providing this service through the applicable inspection fees

as set forth in Sec. 800.71(a) of the regulations.

Corn which contains stress-cracked kernels tends to break apart

and, as a result, is undesirable in the corn dry milling, wet milling,

and food manufacturing processes. Also, stress cracked kernels indicate

that corn has been dried at an excessively high temperature.

Starch recovery, which is an essential component of the wet milling

process, is also lower from kernels possessing many stress cracks. To

the food manufacturer, stress cracks are of concern because of the

adverse effect on soaking, which is an essential component of the

manufacturing process.

Cracked corn is also more difficult to store since it is more

readily attacked by microorganisms and is difficult to aerate

uniformly. Cracked corn can also contribute to increased elevator dust

levels and, thus, negatively impact elevator safety and the

environment.

Twelve commentors supported this proposal stating that GIPSA can

make a significant contribution to market efficiency by offering a

standardized stress crack testing service and testing could provide an

incentive for improving drying methods which could improve corn

quality.

Three commentors opposed this proposal stating that: it is not

clear that stress crack testing will improve quality or enhance safety;

direct correlation between stress cracks and end-use value have yet to

be proven; inexperienced users could make misleading or inappropriate

interpretations based on official results; corn processors and grain

elevator managers will adopt new discount schedules; the test is

currently available from private laboratories; processors are only

interested in total stress cracks, not the four categories (single,

double, multiple, and total); and GIPSA will not be able to recover the

full cost of developing and offering the test.

Several commentors suggested that GIPSA provide educational efforts

to inform affected producers, allow testing based on 50 kernels rather

than 100 kernels, and permit applicants to specify certification of

results to meet their needs.

GIPSA selected the IPGL test method because it meets the basic

requirement for online testing. It is quick, easy, and cost effective.

In addition, this method is well developed, has been in use

successfully for several years, and will impose a minimal cost to the

inspection system.

Based on comments received and other available information, GIPSA

is offering stress crack testing as an official criteria under the

authority of the Act. Total percent stress cracks will be reported.

Upon request, stress crack categories (single, double, and multiple)

will also be reported. This testing service will be optional. GIPSA

will recover the cost of providing this service through the applicable

inspection fees as set forth in Sec. 800.71(a) of the regulations.

Miscellaneous Changes

GIPSA proposed to revise the format of the grading chart in

Sec. 810.404, Grades and Grade Requirements for Corn, to improve the

readability of the grading chart. However, information received from

participants in GIPSA's quality control and proficiency training

programs and employee suggestion hotline indicate the present chart

format is easier to understand than the proposed chart or other

recently revised

[[Page 61196]]

charts and should not be changed. Based on this information, GIPSA has

decided not to adopt the proposed format change.

Final Action

On the basis of these comments and other available information,

GIPSA has decided to revise the corn standards as proposed except for

revising the format of the grading chart. Pursuant to section 4(b)(1)

of the United States Grain Standards Act (7 U.S.C. 76(b)(1)), no

standards established or amendments or revocations of standards are to

become effective less than one calendar year after promulgation, unless

in the judgment of the Administrator, the public health, interest, or

safety requires that they become effective sooner. Pursuant to that

section of the Act, GIPSA has determined that it is in the public

interest that the revisions become effective September 1, 1996. This

effective date will coincide with the beginning of the 1996 crop year

and facilitate domestic and export marketing of corn. Stress crack

testing service is provided as official criteria and is not included in

the U.S. Standards for Corn. Consequently, this official service will

be available on January 1, 1996.

List of Subjects in 7 CFR Part 810

Exports, Grain.

For reasons set out in the preamble, 7 CFR part 810 is amended as

follows:

PART 810--OFFICIAL UNITED STATES STANDARDS FOR GRAIN

1. The authority citation for part 810 continues to read as

follows:

Authority: Pub. L. 94-582, 90 Stat. 2067 as amended (7 U.S.C. 71

et. seq.)

Subpart A--General Provisions

2. Section 810.102(d) is revised to read as follows:

Sec. 810.102 Definition of other terms.

* * * * *

(d) Test weight per bushel. The weight per Winchester bushel

(2,150.42 cubic inches) as determined using an approved device

according to procedures prescribed in FGIS instructions. Test weight

per bushel in the standards for corn, mixed grain, oats, sorghum, and

soybeans is determined on the original sample. Test weight per bushel

in the standards for barley, flaxseed, rye, sunflower seed, triticale,

and wheat is determined after mechanically cleaning the original

sample. Test weight per bushel is recorded to the nearest tenth pound

for corn, rye, triticale, and wheat. Test weight per bushel for all

other grains, if applicable, is recorded in whole and half pounds with

a fraction of a half pound disregarded. Test weight per bushel is not

an official factor for canola.

* * * * *

Subpart D--United States Standards for Corn

3. Section 810.404 is revised to read as follows:

Sec. 810.404 Grades and grade requirements for Corn.

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Maximum limits of

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Minimum Damaged kernels

test weight -------------------------- Broken corn

Grade per bushel Heat and foreign

(pounds) damaged Total material

kernels (percent) (percent)

(percent)

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U.S. No. 1.................................................. 56.0 0.1 3.0 2.0

U.S. No. 2.................................................. 54.0 0.2 5.0 3.0

U.S. No. 3.................................................. 52.0 0.5 7.0 4.0

U.S. No. 4.................................................. 49.0 1.0 10.0 5.0

U.S. No. 5.................................................. 46.0 3.0 15.0 7.0

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U.S. Sample Grade

U.S. Sample grade is corn that:

(a) Does not meet the requirements for the grades U.S. Nos. 1, 2, 3, 4, or 5; or

(b) Contains stones with an aggregate weight in excess of 0.1 percent of the sample weight, 2 or more pieces

of glass, 3 or more crotalaria seeds (Crotalaria spp.), 2 or more castor beans (Ricinus communis L.), 4 or

more particles of an unknown foreign substance(s)or a commonly recognized harmful or toxic substance(s), 8 or

more cockleburs (Xanthium spp.), or similar seeds singly or in combination, or animal filth in excess of 0.20

percent in 1,000 grams; or

(c) Has a musty, sour, or commercially objectionable foreign odor; or

(d) Is heating or otherwise of distinctly low quality.

Dated: November 14, 1995.

James R. Baker,

Administrator, Grain Inspection, Packers and Stockyards Administration.

[FR Doc. 95-29118 Filed 11-28-95; 8:45 am]

BILLING CODE 3410-EN-P