[Federal Register Volume 74, Number 120 (Wednesday, June 24, 2009)]
[Proposed Rules]
[Pages 30015-30017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14846]
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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. 74, No. 120 / Wednesday, June 24, 2009 /
Proposed Rules
[[Page 30015]]
DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and Stockyards Administration
7 CFR Part 868
RIN 0580-AA94
United States Standards for Rough Rice, Brown Rice for
Processing, and Milled Rice
AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to revise the U.S. Standards for Rough Rice,
Brown Rice for Processing, and Milled Rice, to change the requirement
that certain information currently provided on the grade line of
official certificates for Mixed rice be moved to the Results section of
the inspection certificate. These proposed changes enhance the use of
the inspection certificate and, as a result, will help to facilitate
the marketing of Mixed rice.
DATES: Comments must be received on or before August 24, 2009.
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 ``U.S. Standards for Rice 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: Beverly A. Whalen, USDA-GIPSA-FGIS-
ODA, Beacon Facility--STOP 1404, P.O. Box 419205, Kansas City, Missouri
64141-6205; Telephone: (816) 823-4648; Fax Number: (816) 823-4644; e-
mail: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The Agricultural Marketing Act of 1946 (AMA) (7 U.S.C. 1621-1627)
directs and authorizes the Secretary of Agriculture to develop and
improve standards for agricultural products (7 U.S.C. 1622). These are
standards of quality, condition, quantity, grade, and packaging. The
standards encourage uniformity and consistency in commercial practices.
The Grain Inspection, Packers and Stockyards Administration (GIPSA)
establishes and maintains a variety of quality and grade standards for
agricultural commodities. These standards serve as a fundamental
starting point to define commodity quality in the domestic and global
marketplace. The AMA standards are voluntary and widely used in private
contracts, government procurement, marketing communication, and, for
some commodities, consumer information. Standards developed by GIPSA
under the AMA include rice, whole dry peas, split peas, feed peas,
lentils, and beans.
GIPSA inspects shipments of rice in accordance with the standards
to establish the grade and issue inspection certificates for each
shipment. We provide official procedures for inspections in the Rice
Inspection Handbook for determining the various grading factors. In
addition to Federal usage, the rice standards are applied by one state
and one private cooperator. In 2008 GIPSA performed approximately 37
percent of official rice inspections, with state and private
cooperators performing the balance of official inspections. Official
rice inspectors issue inspection certificates. The certificates
document the grade designation on the grade line of the inspection
certificate. The requirements for the grade designation for Rough Rice,
Brown Rice for Processing, and Milled Rice categories are included in
the regulations in 7 CFR part 868.
The current regulations in 7 CFR Part 868 Subparts C (sections
868.201-213), D (sections 868.251-264), and E (sections 868.301-316)
specify U.S. Standards for Rough Rice, Brown Rice for Processing, and
Milled Rice, respectively, and include provisions concerning the
contents of the grade designation for each category of rice. In the
grade designation for each category of rice, there is an additional set
of information provided for the class of Mixed rice that specifies the
content. Under the current standards, this additional information for
Mixed rice is included on the grade line of the inspection certificate.
We propose to move the information on Mixed rice to the Results
section of the certificate to enhance the use of the certificate.
Description of Proposed Amendments
The changes we propose would move some required information
concerning Mixed rice from the grade line section of the certificate to
the Results section of the inspection certificate for Rough Rice, Brown
Rice for Processing, and Milled Rice. The additional grade designation
information for the class of Mixed rice in each of the three rice
categories are not grade determining factors, as specified in the
standards. As such, these changes would not change the grade
designation requirements. The proposed changes would only change where
certain information is reported on the inspection certificate. There is
more space in the Results section of the inspection certificate, and
thus it is a more appropriate place to report this information. While
taking this approach will not change the grade of the product, it will
enhance the use of the inspection certificate.
We propose to change the regulations in sections 7 CFR 868.211,
262, and 314 by:
(1) Revising the section heading wording from ``Grade Designation''
to read ``Grade Designation and Other Certificate Information,''
(2) Specifying the grade designation requirements for all classes
of rice in paragraph (a) of each section,
(3) Specifying additional information required only for the class
of Mixed rice in paragraph (b) of each section,
(4) Specifying that the additional information for Mixed rice be
reported in the Results section of the inspection certificate, and
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(5) Converting the note at the end of the section to a new
paragraph (c) in each section.
In addition, we propose other minor changes that include clarifying
that grade designation information goes on the grade line of the
inspection certificate. We also propose to make the format more
readable and more consistent with other regulations in this section by
converting notes into numbered paragraphs, and by inserting line breaks
after each item in numbered lists of items.
Effects on Regulated Entities
We are proposing to amend the regulations to move certain
information from the grade line to the Results section of the
inspection certificate. This action simplifies the standards for rice
and will improve official inspection services by allowing for more
efficient use of electronic certification. Interested persons should
not be additionally burdened by this proposed amendment. Having more
legible inspection certificates, however, should help these persons
facilitate the marketing of rice.
Executive Order 12866 and Regulatory Flexibility Act
The Office of Management and Budget designated this rule as not
significant for the purposes of Executive Order 12866.
We have determined that these proposed amendments would not have a
significant economic impact on a substantial number of small entities
as defined in the Regulatory Flexibility Act (5 U.S.C. 601-612). An
initial regulatory flexibility analysis as described in 5 U.S.C. 605 of
the Regulatory Flexibility Act is not required or provided here.
The rice industry includes producers [approximately 4,300 farms
(USDA-2002 Census of Agriculture)], handlers, processors, and
merchandisers, who are the primary users of the rice standards, and use
the standards as a common trading language to market rice. In addition,
there is one state cooperator and one private cooperator that apply the
standards. For North American Industry Classification System (NAICS)
code 311212 ``rice milling,'' the Small Business Administration size
standard is $500,000 in annual revenues. Most users of the official
inspection services and those entities that perform these services do
not meet the requirement of small entities. Even though some users are
small entities, this proposed rule would not adversely affect or burden
these users. Under the provisions of the AMA (7 U.S.C. 1621-1627), it
is not mandatory for rice to be inspected. We do not expect the
proposed changes to add any additional cost for entities of any size.
Further, they would apply equally to all entities.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform, and is not intended to have a retroactive effect. This
rule will not preempt any State or local laws, regulations, or policies
unless they present irreconcilable conflict with this rule. There are
no administrative procedures that must be exhausted prior to any
judicial challenge to the provisions of this rule.
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 868 have been previously approved by OMB 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 868
Administrative practice and procedure, Agricultural commodities,
Reporting and recordkeeping requirements, Rice.
For the reasons set out in the preamble, we propose to amend 7 CFR
Part 868 as follows:
PART 868--GENERAL REGULATIONS AND STANDARDS FOR CERTAIN
AGRICULTURAL COMMODITIES
1. The authority citation for part 868 continues to read as
follows:
Authority: 7 U.S.C. 1621-1627.
2. Revise Sec. 868.211 to read as follows:
Sec. 868.211 Grade designation and other certificate information.
(a) Rough rice. The grade designation for all classes of Rough rice
shall be included on the certificate grade-line in the following order:
(1) The letters ``U.S.'';
(2) The number of the grade or the words ``Sample grade,'' as
warranted;
(3) The words ``or better,'' when applicable and requested by the
applicant prior to inspection;
(4) The class;
(5) Each applicable special grade (see Sec. 868.213); and
(6) A statement of the milling yield.
(b) Mixed Rough rice information. For the class Mixed Rough rice,
the following information shall be included in the Results section of
the certificate in the following order:
(1) The percentage of whole kernels of each type in the order of
predominance;
(2) The percentage of large broken kernels of each type in the
order of predominance;
(3) The percentage of material removed by the No. 6 sieve or the
No. 6 sizing plate; and
(4) The percentage of seeds, when applicable.
(c) Large broken kernels. Large broken kernels, other than long
grain, in Mixed Rough rice shall be certified as ``medium or short
grain.''
(Approved by the Office of Management and Budget under control
number 0580-0013)
3. Revise Sec. 868.262 to read as follows:
Sec. 868.262 Grade designation and other certificate information.
(a) Brown rice for processing. The grade designation for all
classes of Brown rice for processing shall be included on the
certificate grade-line in the following order:
(1) The letters ``U.S.'';
(2) The number of the grade or the words ``Sample grade,'' as
warranted;
(3) The words ``or better,'' when applicable and requested by the
applicant prior to inspection;
(4) The class; and
(5) Each applicable special grade (see Sec. 868.264).
(b) Mixed Brown rice for processing information. For the class
Mixed Brown rice for processing, the following information shall be
included in the Results section of the certificate in the following
order:
(1) The percentage of whole kernels of each type in the order of
predominance;
(2) The percentage of broken kernels of each type in the order of
predominance, when applicable; and
(3) The percentage of seeds, related material, and unrelated
material.
(c) Broken kernels. Broken kernels, other than long grain, in Mixed
Brown rice for processing shall be certified as ``medium or short
grain.''
(Approved by the Office of Management and Budget under control
number 0580-0013)
4. Revise Sec. 868.314 to read as follows:
Sec. 868.314 Grade designation and other certificate information.
(a) Milled rice. The grade designation for all classes of Milled
rice shall be included on the certificate grade-line in the following
order:
(1) The letters ``U.S.'';
(2) The number of the grade or the words ``Sample grade,'' as
warranted;
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(3) The words ``or better,'' when applicable and requested by the
applicant prior to inspection;
(4) The class; and
(5) Each applicable special grade (see Sec. 868.316).
(b) Mixed Milled rice information. For the class Mixed Milled rice,
the following information shall be included in the Results section of
the certificate in the following order:
(1) The percentage of whole kernels of each type in the order of
predominance;
(2) The percentage of broken kernels of each type in the order of
predominance, when applicable; and
(3) The percentage of seeds and foreign material.
(c) Broken kernels. Broken kernels, other than long grain, in Mixed
Milled rice shall be certified as ``medium or short grain.''
(Approved by the Office of Management and Budget under control
number 0580-0013)
J. Dudley Butler,
Administrator, Grain Inspection, Packers and Stockyards Administration.
[FR Doc. E9-14846 Filed 6-23-09; 8:45 am]
BILLING CODE 3410-KD-P