United States Standards for Rye

DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration

7 CFR Parts 800 and 810

United States Standards for Rye

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

ACTION: Proposed rule.

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SUMMARY: The Federal Grain Inspection Service (FGIS) of the Grain

Inspection, Packers and Stockyards Administration (GIPSA) proposes to

revise the United States Standards for Rye to certificate dockage to

the nearest tenth of a percent. The current method of dockage

certification rounds the actual dockage percentage down to the nearest

whole percent. This method may result in understating the level of

dockage up to 0.99 percent on the certificate. Certification of dockage

to the nearest tenth of a percent is more precise than the current

method and should enhance the marketability of U.S. Rye traded in the

domestic and export markets. This change would also require the

establishment of new inspection tolerances or breakpoints, as

appropriate.

DATES: Comments must be submitted on or before February 17, 1998.

ADDRESSES: Written comments must be submitted to George Wollam, GIPSA,

USDA, Room 0623-S, Stop 3649, Washington, D.C., 20250-3649; FAX (202)

720-4628; or E-mail [email protected].

All comments received will be made available for public inspection

at Room 0623 South Building, 1400 Independence Avenue, SW, Washington,

D.C., during regular business hours (7 CFR 1.27 (b)).

FOR FURTHER INFORMATION CONTACT: George Wollam, address as above,

telephone (202) 720-0292.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

The Department of Agriculture is issuing this rule in conformance

with Executive Order 12866.

Executive Order 12988

This proposed rule has been reviewed under Executive Order 12988,

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

effect. The United States Grain Standards 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 proposed rule will not preempt any

State or local laws, regulations, or policies, unless they present an

irreconcilable conflict with this proposed rule. There are no

administrative procedures which must be exhausted prior to any judicial

challenge to the provisions of this proposed rule.

Regulatory Flexibility Act Certification

GIPSA has determined that this proposed 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.

The rye industry, including producers, handlers, exporters and

processors, are the primary users of the U.S. Standards for Rye and

utilize the official standards as a common trading language to market

rye.

The rye industry in the United States is regional in nature,

concentrated primarily in the upper midwest area. There are an

estimated 10 processors of rye, utilizing a crop produced on

approximately 355,000 acres in the United States. The average annual

production of rye for the period 1988 through 1997 was 10,045,000

bushels. No rye has been officially inspected for export from the

United States for several years.

[[Page 66037]]

The current method of dockage certification rounds the actual

dockage percentage down to the nearest whole percent. This method may

result in understating the level of dockage up to 0.99 percent on the

certificate. Certification of dockage to the nearest tenth of a percent

is more precise than the current method and should enhance the

marketability of U.S. Rye traded in the domestic and potentially, the

export markets. The potential benefits of revising the dockage

certification procedure to report rye dockage to the nearest tenth of a

percent include a more accurate description of the raw grain and the

potential to improve pricing efficiency within the market.

Certification to the nearest tenth of a percent would be more precise.

A corresponding change would be made to the inspection tolerances or

breakpoints, as appropriate.

Further, we understand that the rye industry already trades on

dockage reported in tenths of a percent. Small entities, therefore,

should experience no significant economic impact from these proposed

changes.

Background

Certification of Dockage in Rye

Dockage consists primarily of dust, chaff, small weed seeds, very

small pieces of broken rye, and coarse grains larger than rye. Domestic

handlers and millers usually remove dockage during grain cleaning and

may use it as animal feed. Foreign buyers use dockage in a variety of

ways. Some use the dockage in animal feed, others mill the dockage with

the rye, and some remove and discard the dockage.

In the current Official United States Standards for Grain (7 CFR

part 810), the percentage of rye dockage is certified by rounding down

to the nearest 1.0 percent (7 CFR 810.104 (b)). For example, for 0.0 to

0.99 percent, no dockage is reported on the certificate, 1.00 to 1.99

percent is reported as 1.0 percent dockage, 2.00 to 2.99 is reported as

2.0 percent dockage, and so forth. A domestic handler/processor has

questioned the adequacy of the current dockage certification method

asserting that the actual dockage is almost always understated.

Further, the handler/processor suggested that the current U.S.

Standards for Rye are not relevant, as the domestic rye industry trades

on a dockage basis expressed in tenths of a percent and not whole

percents.

Therefore, GIPSA is seeking industry comment for changing the

current reporting and certification procedure to the nearest tenth

percent on official inspection certificates to more accurately and

precisely state dockage content in rye. Further, this action should

also promote pricing efficiency.

Inspection Plan Tolerances

Shiplots, unit trains, and lash barge lots are inspected with a

statistically based inspection plan. Inspection tolerances, commonly

referred to as ``breakpoints,'' are used to determine acceptable

quality. The proposed change requires the establishment of a new

breakpoint that reflects the greater accuracy to which rye dockage is

proposed to be calculated and reported.

Therefore, GIPSA proposes to change the current breakpoint for rye

dockage which is listed in Table 14 of section 800.86(c)(2).

Specifically, GIPSA proposes to change the breakpoint from 0.32 to 0.2.

Proposed Action

GIPSA proposes to revise Sec. 800.86, Inspection of shiplot, unit

train, and lash barge grain in single lots, paragraph (c)(2) Table 14,

by changing the breakpoint for dockage in rye from 0.32 to 0.2.

GIPSA also proposes to amend the Official United States Standards

for Grain, Subpart A--General Provisions, Sec. 810.104, Percentages, by

revising paragraph (b) Recording. This change would require rye dockage

to be determined and reported in whole and tenths of a percent to the

nearest tenth of a percent.

Comments, including data, views, and arguments are solicited from

interested persons. Pursuant to Section 4(b)(1) of the United States

Grain Standards Act, as amended (7 U.S.C. 76(b)(1)), upon request, such

information concerning changes to the standards may be presented orally

in an informal manner. Also, pursuant to this section, no standards

established or amendments or revocations of standards are to become

effective less than one calendar year after promulgation unless, in the

judgement of the Secretary, the public health, interest, or safety

require that they become effective sooner.

List of Subjects

7 CFR Part 800

Administrative practice and procedure, Exports, Grains.

7 CFR Part 810

Exports, Grains.

For reasons set out in the preamble, 7 CFR part 800 and 7 CFR part

810 are proposed to be amended as follows:

PART 800--GENERAL REGULATIONS

1. The authority citation for Part 800 continues to read as

follows:

Authority: Pub. L. 94-582, 90 Stat. 2867, as amended (7 U.S.C.

71 et seq.)

2. Section 800.86(c)(2) is amended by revising the entry for

``Dockage'' in Table 14 to read as follows:

Sec. 800.86 Inspection of shiplot, unit train, and lash barge grain in

single lots.

* * * * *

(c) * * *

(2) * * *

Table 14.--Breakpoints (BP) for Rye Special Grades and Factors

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

Special grade or factor Grade limit Breakpoint

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* * * * *

Dockage............................. As specified by 0.2

contract or load

order grade.

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* * * * *

PART 810--OFFICIAL UNITED STATES STANDARDS FOR GRAIN

3. The authority citation for Part 810 continues to read as

follows:

Authority: Pub. L. 94-582, 90 Stat. 2867 as amended (7 U.S.C. 71

et seq.)

4. Section 810.104 is amended by revising the first three sentences

of paragraph (b) to read as follows:

Sec. 810.104 Percentages.

* * * * *

(b) Recording. The percentage of dockage in flaxseed and sorghum is

reported in whole percent with fractions of a percent being

disregarded. Dockage in barley and triticale is reported in whole and

half percent with a fraction less than one-half percent being

disregarded. Dockage in wheat and rye is reported in whole and tenth

percents to the nearest tenth percent. * * *

Dated: December 10, 1997.

James R. Baker,

Administrator, Grain Inspection, Packers and Stockyards Administration.

[FR Doc. 97-32780 Filed 12-16-97; 8:45 am]

BILLING CODE 3410-EN-P