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: Final rule.

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SUMMARY: The Grain Inspection, Packers and Stockyards Administration

(GIPSA) is revising 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 requires the

establishment of new inspection tolerances or breakpoints, as

appropriate.

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EFFECTIVE DATE: June 1, 1999.

FOR FURTHER INFORMATION CONTACT: George Wollam, GIPSA, USDA, Room 0623-

S, Stop 3649, Washington, D.C., 20250-3649; FAX (202) 720-4628; or E-

mail [email protected].

SUPPLEMENTARY INFORMATION:

Executive Order 12866

The Department of Agriculture is issuing this rule in conformance

with Executive Order 12866.

Executive Order 12988

This final 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, (ACT) as amended,

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 final

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

GIPSA has 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 et seq.).

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.

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,

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 is also more precise. A

corresponding change will be made to the inspection tolerances or break

points, as appropriate.

Further, the rye industry already trades on dockage reported in

tenths of a percent. Therefore, small entities should experience no

significant economic impact from the change.

Paperwork Reduction Act

In accordance with the provisions of the Paperwork Reduction Act of

1995 (44 U.S.C. 3504), the information collection requirements

contained in Part 800 have been previously approved by the Office of

Management and Budget under control number 0580-0013.

Background

On December 17, 1997, GIPSA published in the Federal Register (62

FR 66036) a proposal to revise the United States Standards for Rye to

certificate dockage to the nearest tenth of a percent. 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 had

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.

Changing the current reporting and certification procedure to the

nearest tenth percent on official inspection certificates will more

accurately and precisely state dockage content in rye. Further, this

action should also promote pricing efficiency.

GIPSA also proposed to amend the inspection plan tolerances, or

breakpoints, based on this change. 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. This change requires the

establishment of a new breakpoint that reflects the greater accuracy to

which rye dockage will be calculated and reported.

Therefore, GIPSA is revising the current breakpoint for rye dockage

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

GIPSA will change the breakpoint from 0.32 to 0.2.

Comment Review

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

from a rye miller in the upper midwest; two from grain handling

associations; and one from a State Department of Agriculture.

The comment from the rye miller stated that the change would

strengthen the integrity of the rye standards as it made sense given

that rye is a cereal grain, it was appropriate that the U.S. rye

dockage standard be the same as the wheat standard. One grain handling

association stated that the change was consistent with current

marketing practices and long overdue. They encouraged GIPSA to

implement the change at the earliest feasible time. The other grain

handling association did not object to the proposed change and stated

that the change would make dockage procedures for rye consistent with

wheat. The State Department of Agriculture commented that certifying

rye dockage to the nearest tenth of a percent will provide a truer

picture of what is actually in the lot of rye and should, therefore, be

helpful for marketing purposes.

On the basis of these comments and other available information,

GIPSA decided to revise the rye standards as proposed.

Final Action

GIPSA is revising 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.

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GIPSA also is amending the Official United States Standards for

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

revising paragraph (b), Recording. This change requires rye dockage to

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

nearest tenth of a percent.

Pursuant to Section 4(b)(1) of the United States Grain Standards

Act, as amended (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 judgement of

the Secretary, the public health, interest, or safety require that they

become effective sooner. Pursuant to that section of the Act, the

revisions will become effective June 1, 1999. This effective date will

coincide with the beginning of the 1999 crop year and facilitate the

marketing of rye.

List of Subjects

7 CFR Part 800

Administrative practice and procedure, Exports, Grain.

7 CFR Part 810

Exports, Grain.

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

810 are 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 trains, and lash barge grain

in single lots.

* * * * *

(c) * * *

(2) * * *

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

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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: April 14, 1998.

James R. Baker,

Administrator, Grain Inspection, Packers and Stockyards Administration.

[FR Doc. 98-10768 Filed 4-22-98; 8:45 am]

BILLING CODE 3410-EN-P