United States Standards for Rough Rice, Brown Rice for Processing, and Milled Rice, 30015-30017 [E9-14846]
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30015
Proposed Rules
Federal Register
Vol. 74, No. 120
Wednesday, June 24, 2009
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.
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.
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:
comments.gipsa@usda.gov.
• Fax: (202) 690–2173.
• Internet: Go to https://
www.regulations.gov and follow the online 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
https://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
VerDate Nov<24>2008
16:32 Jun 23, 2009
Jkt 217001
(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: Beverly.A.Whalen@usda.gov.
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.
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Fmt 4702
Sfmt 4702
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
E:\FR\FM\24JNP1.SGM
24JNP1
30016
Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Proposed Rules
(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
VerDate Nov<24>2008
16:32 Jun 23, 2009
Jkt 217001
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 § 868.211 to read as follows:
§ 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
§ 868.213); and
(6) A statement of the milling yield.
(b) Mixed Rough rice information. For
the class Mixed Rough rice, the
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Frm 00002
Fmt 4702
Sfmt 4702
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 § 868.262 to read as follows:
§ 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
§ 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 § 868.314 to read as follows:
§ 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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Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Proposed Rules
(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
§ 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
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–0246; Directorate
Identifier 2009–NE–04–AD]
RIN 2120–AA64
Airworthiness Directives; Rolls-Royce
Corporation AE 3007A1/1, AE 3007A1/
3, AE 3007A1, AE 3007A1E, AE
3007A1P, AE 3007A3, AE 3007C, and
AE 3007C1 Turbofan Engines
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
SUMMARY: The FAA proposes to adopt a
new airworthiness directive (AD) for
Rolls-Royce Corporation (RRC) AE
3007A1/1, AE 3007A1/3, AE 3007A1,
AE 3007A1E, AE 3007A1P, AE 3007A3,
AE 3007C, and AE 3007C1 turbofan
engines with a fan spinner part number
(P/N) 23070964 or P/N 23078783,
installed. This proposed AD would
require replacement of the fan spinner.
This proposed AD results from a report
of a fan spinner releasing from an AE
3007A turbofan engine, during flight.
We are proposing this AD to prevent the
fan spinner from releasing, which could
result in injury, damage to the engine,
and damage to the airplane.
VerDate Nov<24>2008
16:32 Jun 23, 2009
Jkt 217001
30017
DATES: We must receive any comments
on this proposed AD by August 24,
2009.
Privacy Act Statement in the Federal
Register published on April 11, 2000
(65 FR 19477–78).
Use one of the following
addresses to comment on this proposed
AD.
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the instructions for sending your
comments electronically.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
• Fax: (202) 493–2251.
Contact Rolls-Royce Corporation, P.O.
Box 420, Indianapolis, IN 46206;
telephone (317) 230–3774; fax (317)
230–8084; e-mail:
indy.pubs.services@rolls-royce.com, for
a copy of the service information
identified in this proposed AD.
FOR FURTHER INFORMATION CONTACT:
Michael Downs, Aerospace Engineer,
Chicago Aircraft Certification Office,
FAA, Small Airplane Directorate, 2300
East Devon Avenue, Des Plaines, IL
60018; e-mail: michael.downs@faa.gov;
telephone: (847) 294–7870; fax: (847)
294–7834.
SUPPLEMENTARY INFORMATION:
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Operations office between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Operations
office (telephone (800) 647–5527) is the
same as the Mail address provided in
the ADDRESSES section. Comments will
be available in the AD docket shortly
after receipt.
ADDRESSES:
Comments Invited
We invite you to send us any written
relevant data, views, or arguments
regarding this proposal. Send your
comments to an address listed under
ADDRESSES. Include ‘‘Docket No. FAA–
2009–0246; Directorate Identifier 2009–
NE–04–AD’’ in the subject line of your
comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of the proposed AD. We will
consider all comments received by the
closing date and may amend the
proposed AD in light of those
comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact with FAA
personnel concerning this proposed AD.
Using the search function of the Web
site, anyone can find and read the
comments in any of our dockets,
including, if provided, the name of the
individual who sent the comment (or
signed the comment on behalf of an
association, business, labor union, etc.).
You may review the DOT’s complete
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Fmt 4702
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Discussion
We received a report of a fan spinner
releasing from an AE 3007A turbofan
engine, during flight. After observing
noise and vibration, the flight crew shut
down the No. 1 engine and made an
uneventful landing. Inspection of the
No. 1 engine revealed a missing fan
spinner and damage to the fan blades.
Also noted was debris penetration
through the forward engine cowl in
three locations, and through the
airplane outer skin in two locations. At
the time of inspection, the No. 1 engine
had accumulated 11,682 operating
hours time-since-new, and 8,535 cyclesin-service-since-new. RRC then
performed spin pit testing of the
affected design fan spinner, and found
a high stress concentration in the 12 bolt
hole windows of the fan spinner. This
stress concentration can potentially
develop into low-cycle-fatigue cracks.
This condition, if not corrected, could
result in the fan spinner releasing,
which could result in injury, damage to
the engine, and damage to the airplane.
FAA’s Determination and Requirements
of the Proposed AD
We have evaluated all pertinent
information and identified an unsafe
condition that is likely to exist or
develop on other products of this same
type design. We are proposing this AD,
which would require replacement of the
fan spinner, P/N 23070964 or P/N
23078783.
Costs of Compliance
We estimate that this proposed AD
would affect 1,600 RRC AE 3007A series
and AE 3007C series turbofan engines
installed on airplanes of U.S. registry.
We also estimate that it would take
about one work-hour per engine to
perform the proposed actions, and that
the average labor rate is $80 per work-
E:\FR\FM\24JNP1.SGM
24JNP1
]]>Agencies
[Federal Register Volume 74, Number 120 (Wednesday, June 24, 2009)]
[Proposed Rules]
[Pages 30015-30017]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14846]
========================================================================
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.
========================================================================
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.
-----------------------------------------------------------------------
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: comments.gipsa@usda.gov.
Fax: (202) 690-2173.
Internet: Go to https://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 https://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: Beverly.A.Whalen@usda.gov.
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
[[Page 30016]]
(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;
[[Page 30017]]
(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
