Inspection and Weighing of Grain in Combined and Single Lots, 42067-42072 [2011-17994]
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42067
Proposed Rules
Federal Register
Vol. 76, No. 137
Monday, July 18, 2011
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 800
RIN 0580–AB15
Inspection and Weighing of Grain in
Combined and Single Lots
Grain Inspection, Packers and
Stockyards Administration, USDA.
ACTION: Proposed rule.
AGENCY:
The Department of
Agriculture’s (USDA), Grain Inspection,
Packers and Stockyards Administration
(GIPSA) is proposing to revise the
regulations that cover the official grain
inspection and weighing service
procedures that GIPSA’s Federal Grain
Inspection Service (FGIS) performs
under the authority of the United States
Grain Standards Act (USGSA), as
amended. Specifically, GIPSA proposes
to update the regulations issued under
the USGSA pertaining to grain exported
in large reusable containers typically
loaded onto export ships. GIPSA
proposes to add new definitions of
composite and average grades, limit the
number of such containers that could be
averaged or combined to form a single
lot, restrict the inspection and weighing
of such container lots to the official
service provider’s area of responsibility,
specify a 60-day retention period for file
samples representing such container
lots, and make consistent the weighing
certification procedures for container
lots with those for inspection
certification procedures. GIPSA believes
that these proposed revisions would
enhance the integrity of the Federal
grain export certification process and
the uniformity of USDA-certified export
grain shipped in large reusable
containers as to grade, thus facilitating
the marketing of all U.S. grain shipped
for export.
DATES: Comments must be received on
or before September 16, 2011.
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SUMMARY:
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You may submit comments
by any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Tess Butler, GIPSA, USDA,
1400 Independence Avenue, SW., room
2542–S, Washington, DC 20250–3642.
• E-mail: Comments to comments.
gipsa@usda.gov.
• Fax: (202) 690–2173.
All comments will become a matter of
public record and should be identified
as ‘‘Containerized Grain Proposed Rule
Comments,’’ making reference to the
date and page number of this issue of
the Federal Register. Comments will be
available for public inspection on
https://www.regulations.gov and in the
above office during regular business
hours (7 CFR 1.27(b)). Please call GIPSA
at (202) 720–7486 to make an
appointment to read the comments.
FOR FURTHER INFORMATION CONTACT:
Robert Lijewski, Director, USDA,
GIPSA, Field Management Division,
1400 Independence Avenue, SW., Room
2409–S, Washington, DC 20250–3630,
phone (202) 720–0224.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Background
The United States Grain Standards
Act (USGSA) (7 U.S.C. 71–87k), as
amended, provides an official
inspection system that facilitates the
marketing of grain in domestic and
international markets. The Secretary of
Agriculture (Secretary) is authorized by
the USGSA to establish standards of
kind, class, quality, and condition for
various grains and to establish standards
or procedures for accurate weighing and
weight certification and controls,
including safeguards over equipment
calibration and maintenance, for grain
shipped in interstate or foreign
commerce. Additionally, the Secretary
can amend or revoke these standards or
procedures as needed in order to adjust
to current industry needs and practices.
Under authority delegated by the
Secretary, GIPSA is authorized to
establish and maintain regulations that
cover the inspection and weighing of
grain under the USGSA.
Grain exported in large reusable
containers has grown exponentially in
the past 5 years to levels that GIPSA
believes have far exceeded grain
industry expectations. Increased exports
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of containerized grain have, in turn,
increased the demand for USDA grain
inspection services provided by FGIS
and its official grain export service
providers. While the overall market
share for U.S. export grain shipped in
large reusable containers has grown
rapidly, USGSA regulations (7 CFR 800)
for export grain shipments have focused
primarily on the inspection and grading
of grain exported in shiplots, unit trains,
and lash barges—not on grain exported
in multiple large reusable containers
that are considered collectively as a
single lot.
The last amendments to the USGSA
regulations occurred in 1980 (45 FR
15810) when grain was not typically
exported in large reusable containers
but was exported after being loaded in
bulk onto ships, unit trains, and lash
barges. In recent years, however,
demand has increased for grain that is
exported in large reusable containers,
which enables buyers and sellers to
negotiate contract terms that specify the
exact quantity and quality of grain to be
delivered. Typically, the industry uses
large reusable containers that may be 20
feet or 40 feet in length, 8′0″ or 8′6″ in
width, and 8′6″ or 9′6″ in height to
transport bulk or sacked grain. Large
reusable containers are usually a metal
truck/trailer body that can be detached
from the chassis for loading into a
vessel, a railcar, or stacked in a
container depot. Sales contracts usually
cover multiple container parcels known
as ‘‘bookings’’ (i.e., grain in multiple
large reusable containers that may be
from different sources but are sold
under a single sales contract and a
single certificate) that are shipped to
multiple end users, but collectively are
considered a single lot. Unless
exempted from official inspection and
weighing requirements, a sales contract
must stipulate that the overall quality in
a booking meets an official USDA grade
standard. Accordingly, export grain
sellers often request that GIPSA
combine inspection results from the
individual containers and issue one
official inspection certificate for the
booking.
Description of Proposed Revisions
GIPSA and grain buyers expect grain
in one booking to be of overall uniform
quality. To guarantee that quality is
maintained for grain exported in large
reusable containers, GIPSA believes that
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the USGSA regulations pertaining to
grain exported in such containers must
be revised to ensure that sellers ship the
exact quantity and quality of grain
specified in the sales contracts (unless
otherwise stated, or ‘‘if applicable’’) that
are currently required for grain loaded
onto ships, unit trains, and lash barges.
Therefore, GIPSA proposes to revise the
USGSA regulations by adding new
definitions of composite and average
grades, establishing procedures for grain
shipped in multiple large reusable
containers that would be certified on
one certificate; limit the number of such
containers that could be averaged or
combined into a single lot; restrict the
inspection and weighing of such
container lots to the official service
provider’s area of responsibility,
whether a designated state, delegated
state, or private agency; and specify a
60-day retention period for file samples
representing large reusable container
lots so that such containers would be in
line with the current retention schedule
of short voyage export ships and barges.
In § 800.0 of the regulations, GIPSA
proposes adding definitions for the
terms ‘‘average grade’’ and ‘‘composite
grade’’ to address methods of combining
multiple samples to achieve a single
grade. This is necessary to issue the
USDA inspection certificate for the
single lot.
Sections 800.84 and 800.85 would be
amended to require the applicant to
provide written instructions, otherwise
known as a load order, to official
personnel that reflect contract
requirements, if applicable, for quality
and quantity for carriers graded on a
composite or average grade basis and to
limit the number of large reusable
containers that may be averaged or
combined to comprise a single lot.
Under existing procedures, a single
inspection certificate can be issued for
hundreds of individual large reusable
containers of grain. When large numbers
of large reusable containers loaded with
grain are combined into a single lot,
however, GIPSA has found that the
bookings may not be uniform with
respect to overall quality. GIPSA has
observed over time, however, that
limiting the maximum number of
individual units to 20 large reusable
containers, 5 railcars, or 15 trucks that
may be combined to form an average
grade analysis for a single lot increases
the likelihood that a shipment of grain
is more uniform in quality and meets
buyers’ expectations. Our proposal
would also require that grain in any
single lot be loaded in a reasonably
continuous operation (§ 800.0(b)(85)) to
ensure that the quality of the grain in
large reusable containers does not
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diminish over time. This proposed
change would align the regulations
regarding export grain loaded in large
reusable containers with those
regulations for grain loaded onto ships,
unit trains, and lash barges. GIPSA
believes that creating a reasonably
continuous loading requirement for
large reusable containers that is the
same for ships, unit trains, and lash
barges would promote the marketing of
export grain by establishing a more
equitable playing field among grain
buyers and sellers.
In addition to ensuring that bookings
(groupings of large reusable containers
in a contract) are uniform in overall
quality, the proposed revisions to the
regulations would also require that all
lots are loaded in a reasonably
continuous operation (§ 800.0(b)(85)),
that the loaded grain is maintained in
good condition, that weighing in
combined lots is performed in
accordance with USGSA regulations,
and that all large reusable containers of
USDA-certified grain for export are
uniform in quality, adhere to contract
specifications, if applicable, as reflected
in the load order, and meet customers’
expectations. GIPSA believes that
establishing regulations for grain
exported in large reusable containers
that parallel the continuous loading
operation of inspection and loading
procedures for grain exported in
shiplots, unit trains, and lash barges
would enhance the enforcement of the
USGSA and ensure that U.S. grain
shipped in all carriers adheres to
contract specifications, if applicable.
USGSA regulations currently define the
term ‘‘carrier’’ as a truck, trailer, truck/
trailer(s) combination, railroad car,
barge, ship, or other container used to
transport bulk or sacked grain, which
includes large reusable containers.
Section 800.97(c)(1) would be revised
to add the term ‘‘container’’ in order to
make clear that the basic requirement
would be that one official certificate
must be issued for the weighing of each
large reusable container, truck, trailer,
truck/trailer combination, railroad car,
barge, or similarly sized carrier.
Additional regulatory text would limit
the number of carriers on a weight
certificate at a single location and would
specify that weighing take place in a
reasonably continuous operation. This
would align the weight certification
procedures with the inspection
certification procedures as there would
be a reasonably continuous operation
procedure for both the inspection and
weighing of all carriers.
Section 800.98(b) would be revised to
remove the requirement that grain in
each single lot be weighed at the same
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location, and include a new provision
that would allow grain weighed at
multiple locations to be certified as a
combined lot in a single booking.
Weighing performed at each individual
location is still required to be completed
in a reasonably continuous operation
that parallels the current inspection
procedures. This new provision would
enable foreign buyers to purchase grain
shipped in multiple large reusable
containers under one sales contract by
allowing U.S. grain exporters to weigh
grain for a combined lot at different
locations within an official agency’s
designated/delegated area. Official
agencies are State or local government
agencies, or persons, designated/
delegated by GIPSA to perform official
inspection and/or weighing services
under the USGSA. The limitation of
weighing and certifying grain in
combined lots at one location would be
eliminated to promote the marketability
of grain by allowing large reusable
containers from several loading facilities
to be included on one weight certificate.
As a result, more than one elevator or
loading location may exist on a
combined lot weight certificate since
weighing would be permitted at
multiple locations.
New requirements would be added in
§ 800.152 related to the retention of file
samples from containers, short voyage
ships, and barges. The table currently in
this section would be amended to
include a column for ‘‘Other’’ to clarify
that the file retention requirements
apply to situations involving bins,
tanks, and submitted samples since
bins, tanks, and submitted samples do
not fall under the ‘‘in,’’ ‘‘out,’’ or
‘‘export’’ categories.
Alternatives Considered
We considered continuing using the
current inspection procedures for all
grain exported in large reusable
containers. GIPSA believes, however,
that a limitless amount of large reusable
containers combined into a single lot
would increase sampling variability due
to the infinite sample size.
GIPSA also considered mandating
that each individual large reusable
container be inspected and certified.
Doing so, however, would unnecessarily
burden U.S. grain exporters and USDA’s
official inspection system with
increased labor and equipment costs,
and would affect the timeliness of
certificate issuance.
GIPSA believes that the proposed
revisions to the USGSA regulations
would continue to promote the orderly
marketing of U.S. grain. The proposed
revisions were carefully designed to
ensure the integrity of the USDA
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certificate and foster consumer
confidence in U.S. grain.
Executive Order 12866 and Regulatory
Flexibility Act
This rule has been determined to be
not significant for the purposes of
Executive Order 12866 and, therefore,
has not been reviewed by the Office of
Management and Budget (OMB).
Pursuant to the requirements set forth
in the Regulatory Flexibility Act (RFA)
(5 U.S.C. 601–612), GIPSA has
considered the economic impact of this
action on small entities. The purpose of
the RFA is to fit regulatory actions to the
scale of businesses subject to such
actions in order that small businesses
will not be unduly or disproportionately
burdened.
Under the provisions of the USGSA,
grain exported from the U.S., unless
exempted, must be officially inspected
and weighed. Mandatory inspection and
weighing services are provided by
GIPSA at 47 export facilities and by
delegated States at 17 facilities, and
seven facilities for U.S. grain
transshipped through Canadian ports.
All of these facilities are owned by
multi-national corporations, large
cooperatives, or public entities that do
not meet the requirements for small
entities established by the Small
Business Administration (SBA).
Furthermore, these regulations are
applied equally to all entities. The
USGSA (7 U.S.C. 87f–1) requires the
registration of all persons engaged in the
business of buying grain for sale in
foreign commerce. In addition, those
persons who handle, weigh, or transport
grain for sale in foreign commerce must
also register. Section 800.30 of the
USGSA regulations (7 CFR 800.30)
define a foreign commerce grain
business as any person who regularly
engages in buying for sale, handling,
weighing, or transporting grain totaling
15,000 metric tons or more during the
preceding or current calendar year. At
present, there are 113 registrants
registered to export grain. While most of
the 113 registrants are large businesses,
we believe that some are small.
The SBA defines small businesses by
their North American Industry
Classification System Codes (NAICS).1
The SBA defines small grain exporters
in its regulations (13 CFR 121.201) as
entities having less than $7,000,000 in
average annual receipts (NAICS code
115114). Small grain exporters that
export less than 15,000 metric tons per
year are exempt from the mandatory
inspection and weighing requirements
1 See: https://www.sba.gov/idc/groups/public/
documents/sba_homepage/serv_sstd_tablepdf.pdf.
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under § 800.18 of the USGSA
regulations (7 CFR 800.18). This
‘‘waiver’’ was established to provide
economic relief to small grain exporter
businesses from inspection and
weighing requirements without
impairing the objectives of the USGSA.
This proposed rule would revise the
regulations regarding procedures for
official export grain inspection and
weighing services performed under the
authority of the USGSA. The proposed
rule would also amend the USGSA
regulations for grain shipped in large
reusable containers for export, add new
definitions for composite and average
grades for grain in multiple large
reusable containers certified on one
certificate, limit the number of large
reusable containers that would be
averaged or combined in a single lot,
restrict the inspection and weighing of
large reusable container lots to the
official service provider’s area of
responsibility to align large reusable
containers with other shipments of
grain; specify a 60-day retention period
for file samples representing large
reusable container lots; and align
weighing certification procedures for
large reusable container lots with those
for inspection certification procedures.
There would be no additional
reporting or record keeping
requirements imposed upon small
entities as a result of this proposed rule.
GIPSA has not identified any other
Federal rules which may duplicate,
overlap or conflict with this proposed
rule. Given the forgoing discussion,
GIPSA has therefore determined that
this proposed rule would not have a
significant economic impact on a
substantial number of small entities as
defined in the RFA.
We welcome comments on the cost of
compliance with this proposed rule, and
particularly on the impact of this
proposed rule on small businesses. We
also welcome comments on any
alternatives to the proposed rule that
may achieve the same purpose with less
cost or burden.
Executive Order 12988
This proposed rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. This action is not
intended to have retroactive effect. The
USGSA provides in section 87g (7
U.S.C. 87g) that no subdivision may
require or impose any requirements or
restrictions concerning the inspection,
weighing, or description of grain under
the USGSA. Otherwise, this rule would
not preempt any State or local laws, or
regulations, or policies unless they
present an irreconcilable conflict with
this rule. There are no administrative
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procedures which must be exhausted
prior to any judicial challenge to the
provisions of this rule.
Executive Order 13175
This proposed rule has been reviewed
with the requirements of Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments. This rule would not have
substantial and direct effects on Tribal
governments and would not have
significant Tribal implications.
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 800
have been approved by Office of
Management and Budget under Control
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 800
Administrative practice and
procedure, exports, grains, reporting
and recordkeeping requirements.
For the reasons set out in the
preamble, GIPSA proposes to amend 7
CFR Part 800 as follows:
PART 800—GENERAL REGULATIONS
1. The authority citation for part 800
continues to read as follows:
Authority: 7 U.S.C. 71–87k.
2. Amend § 800.0(b) by removing the
numerical paragraph designations (1)
through (107) and adding definitions for
‘‘average grade’’ and ‘‘composite grade’’
in alphabetical order to read as follows:
§ 800.0
Meaning of terms.
*
*
*
*
*
(b) * * *
Average grade. Multiple carrier units
or sublots that are graded individually
then averaged to form a single lot
inspection.
*
*
*
*
*
Composite grade. Multiple samples
obtained from the same type of carriers
(e.g., trucklots, containers) that are
combined into one sample for grade to
form a single lot inspection.
*
*
*
*
*
3. Amend § 800.84 by revising
paragraphs (a), (b)(1), (b)(2) and the
introductory text of paragraph (c) to
read as follows:
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§ 800.84 Inspection of grain in land
carriers, containers, and barges in single
lots.
(a) General. The inspection of bulk or
sacked grain loaded or unloaded from
any carrier or container, except shiplot
grain, must be conducted in accordance
with the provision in this section and
procedures prescribed in the
instructions. Applicant must provide
written instructions to official
personnel, reflecting contract
requirements for quality and quantity
for the inspection of multiple carriers
graded on a composite grade or average
grade basis.
(b) * * *
(1) Single grade. When grain in a
carrier(s) is/are offered for inspection as
one lot and the grain is found to be
uniform in condition, the grain must be
sampled, inspected, graded, and
certified as one lot. For the purpose of
this paragraph, condition only includes
the factors heating and odor.
(i) Composite grade. Grain loaded in
multiple carriers offered for inspection
may be combined into a single sample
for grade analysis and certified as a
single lot, provided that the grain in
each individual carrier is inspected and
found uniform in respect to odor,
condition, and insect infestation, and
sampling is performed at the individual
loading location in a reasonably
continuous operation. The maximum
number of individual units that may be
combined to form a composite grade
analysis is 20 containers, 5 railcars, or
15 trucks. Composite analysis must be
restricted to carriers inspected within
the official service provider’s area of
responsibility.
(ii) Average grade. Grain loaded in
multiple carriers offered for inspection
may be graded individually, then
averaged for certification as a single lot,
provided that: the grain in each
individual carrier is inspected and
graded as an individual unit; the grain
is found to be uniform in respect to
odor, condition, and insect infestation;
and sampling is performed at the
individual loading location in a
reasonably continuous operation. The
maximum number of individual units
that may be combined to form an
average grade analysis is 20 containers,
5 railcars, or 15 trucks. Average grade
analysis is restricted to carriers
inspected within the official service
provider’s area of responsibility.
(2) Multiple grade. When grain in a
carrier is offered for inspection as one
lot and the grain is found to be not
uniform in condition because portions
of the grain are heating or have an odor,
the grain in each portion will be
sampled, inspected, and graded
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separately; but the results must be
shown on one certificate. The certificate
must show the approximate quantity or
weight of each portion, the location of
each portion in the carrier or container,
and the grade of the grain in each
portion. The requirements of this
section are not applicable when an
applicant requests that the grade of the
entire carrier be based on a
determination of heating or odor when
only a portion of the carrier is found to
be heating or have an odor.
*
*
*
*
*
(c) One certificate per carrier:
exceptions. Except as provided in this
paragraph, one official certificate must
be issued for the inspection of the grain
in each truck, trailer, truck/trailer(s)
combination, container, railcar, barge, or
similarly-sized carrier, or composite/
average grade analysis on multiple
carrier units. The requirements of this
paragraph are not applicable:
*
*
*
*
*
4. Amend § 800.85 by revising
paragraphs (b)(1), (c)(1), (c)(2), (h)(4),
and (h)(5) to read as follows:
§ 800.85
lots.
Inspection of grain in combined
*
*
*
*
*
(b) * * *
(1) For inspection during loading,
unloading, or at rest. Applications for
official inspection of grain as a
combined lot must:
(i) Be filed in accordance with
§ 800.116;
(ii) Show the estimated quantity of
grain that is to be certified as one lot;
(iii) Show the contract grade, and if
applicable; other inspection criteria
required by the contract; and
(iv) Identify each carrier into which
grain is being loaded or from which
grain is being unloaded.
*
*
*
*
*
(c) * * *
(1) Inspection during loading, or
unloading, or at rest. Grain in two or
more land carriers or barges that are to
be officially inspected as a combined
lot, must be sampled in a reasonably
continuous operation. Representative
samples must be obtained from the grain
in each individual carrier and inspected
in accordance with procedures as
prescribed in the instructions.
(2) Recertification. Grain that has been
officially inspected and certified as two
or more single, composite, or average
quality lots may be recertified as a
combined lot provided that:
(i) The grain in each lot was sampled
in a reasonably continuous operation;
(ii) The original inspection certificates
issued for the single, composite, or
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average quality lots have been
surrendered to official personnel;
(iii) Representative file samples of the
single, composite, or average quality lots
are available;
(iv) The grain in the single,
composite, or average quality lots is of
the same grade or better grade and
quality than as specified in the written
instructions provided by the shipper;
(v) Official personnel who performed
the inspection service for the single,
composite, or average quality lots and
the official personnel who are to
recertify the grain as a combined lot
must determine that the samples used as
a basis for the inspection of the grain in
the single, composite, or average quality
lots were representative at the time of
sampling and have not changed in
quality or condition; and
(vi) The quality or condition of the
grain meets uniformity requirements
established by the Service for official
inspection of grain in combined lots.
*
*
*
*
*
(h) * * *
(4) Combined-lot certification;
general. Each official certificate for a
combined-lot inspection service must
show the identification for the
‘‘combined lot’’ or, at the request of the
applicant, the identification of each
carrier in the combined lot. If the
identification of each carrier is not
shown, the statement ‘‘Carrier
identification available on the official
work record’’ must be shown on the
inspection certificate in the space
provided for remarks. The identification
and any seal information for the carriers
may be shown in the Remarks section
on the reverse side of the inspection
certificate, provided that the statement
‘‘See reverse side’’ is shown on the face
of the certificate in the space provided
for remarks, or on an additional page.
(5) Recertification. If a request for a
combined-lot inspection service is filed
after the grain has been officially
inspected and certified as single,
composite, or average quality lots, the
combined-lot inspection certificate must
show, in addition to the requirements of
paragraph (h)(4) of this section the
following:
(i) The date of inspection of the grain
in the combined lot (if the single,
composite, or average quality lots were
inspected on different dates, the latest of
the dates must be shown);
(ii) A serial number other than the
serial numbers of the official inspection
certificates that are to be superseded;
(iii) The location of the grain, if at
rest, or the name(s) of the elevator(s)
from which or into which the grain in
the combined lot was loaded or
unloaded;
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(iv) A statement showing the
approximate quantity of grain in the
combined lot;
(v) A completed statement showing
the identification of any superseded
certificates; and
(vi) If at the time of issuing the
combined-lot inspection certificate the
superseded certificates are not in the
custody of the official personnel, a
statement indicating that the superseded
certificates have not been surrendered
must be clearly shown in the space
provided for remarks. If the superseded
certificates are in the custody of official
personnel, the superseded certificates
must be clearly marked ‘‘Void.’’
*
*
*
*
*
5. Amend § 800.97 by revising
paragraphs (b)(1) and (c)(1) to read as
follows:
§ 800.97 Weighing grain in containers,
land carriers, barges, and shiplots.
*
*
*
*
*
(b) * * *
(1) General. If grain in a carrier is
offered for inspection or weighing
service as one lot, the grain must be
weighed at the individual weighing
location in a reasonably continuous
operation and certified as one lot. The
identification of the carrier(s) must be
recorded on the scale tape or ticket and
the weight certificate.
*
*
*
*
*
(c) Certification of trucklots,
containerlots, carlots, and bargelots. (1)
Basic requirement. One official
certificate must be issued for the
weighing of the grain in each container,
truck, trailer, truck/trailer(s)
combination, railroad car, barge, or
similarly sized carrier. This requirement
is not applicable to multiple grain
carriers weighed as a single lot or
combined lot under § 800.98.
*
*
*
*
*
6. Amend § 800.98 by revising
paragraphs (b)(1), (b)(2), and (c)(2) to
read as follows:
§ 800.98
Weighing grain in combined lots.
*
*
*
*
*
(b) * * *
(1) Single lot weighing. Single lots of
grain that are to be weighed as a
combined lot may be weighed at
multiple locations, provided that the
lots are contained in the same type of
carrier and weighing is performed at
each individual location in a reasonably
continuous operation. The grain loaded
into or unloaded from each carrier must
be weighed in accordance with
procedures prescribed in the
instructions. In the case of sacked grain,
a representative weight sample must be
obtained from the grain in each carrier
unless otherwise specified in the
instructions.
(2) Recertification. Grain that has been
weighed and certified as two or more
single lots may be recertified as a
combined lot, provided that the original
weight certificates issued for the single
lots have been or will be surrendered to
the appropriate agency or field office,
and the official personnel who
performed the weighing service for the
single lots and the official personnel
who are to recertify the grain as a
combined lot determine that the weight
of the grain in the lots has not since
changed, and in the case of sacked
grain, that the weight samples used as
a basis for weighing the single lots were
representative at the time of the
weighing.
*
*
*
*
*
(c) * * *
(2) Recertification. If a request for a
combined-lot Class X or Class Y
Carrier
srobinson on DSK4SPTVN1PROD with PROPOSALS
(1)
(2)
(3)
(4)
(5)
(6)
(7)
*
*
*
weighing service is filed after the grain
in the single lots has been weighed and
certified, the combined-lot weighing
certificate must show the following:
(i) The date of weighing the grain in
the combined lot (if the single lots were
weighed on different dates, the latest
dates must be shown);
(ii) A serial number, other than the
serial numbers of the weight certificates
that are to be superseded;
(iii) The name of the elevator(s) from
which or into which the grain in the
combined lot was loaded or unloaded;
(iv) A statement showing the weight
of the grain in the combined lot;
(v) A completed statement showing
the identification of any superseded
certificate as follows: ‘‘This combinedlot certificate supersedes certificate Nos.
______, dated ______; and
(vi) If at any time of issuing the
combined-lot weight certificate, the
superseded certificates are not in the
custody of the agency or field office, the
statement ‘‘The superseded certificates
identified herein have not been
surrendered’’ must be shown clearly in
the space provided for remarks beneath
the statement identifying the
superseded certificates. If the
superseded certificates are in the
custody of the agency or field office, the
superseded certificates must be clearly
marked ‘‘Void.’’
*
*
*
*
*
7. Amend § 800.152 by revising
paragraph (b) to read as follows:
§ 800.152
samples.
Maintenance and retention of file
*
*
*
*
*
(b) Minimum retention period. Upon
request by an agency and with the
approval of the Service, specified file
samples or classes of file samples may
be retained for shorter periods of time.
In
Trucks .........................................................................................................
Railcars ......................................................................................................
Ships & Barges ..........................................................................................
Ships and Barges (short voyage—5 days or less) ....................................
Containers ..................................................................................................
Bins & Tanks ..............................................................................................
Submitted Samples ....................................................................................
*
Out
Export
Other
3
5
5
5
5
........................
........................
5
10
25
25
60
........................
........................
30
30
90
60
60
........................
........................
........................
........................
........................
........................
........................
3
3
*
J. Dudley Butler,
Administrator, Grain Inspection, Packers and
Stockyards Administration.
[FR Doc. 2011–17994 Filed 7–15–11; 8:45 am]
BILLING CODE 3410–KD–P
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Federal Register / Vol. 76, No. 137 / Monday, July 18, 2011 / Proposed Rules
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 930
[Doc. No. AMS–FV–11–0047; FV11–930–1
PR]
Tart Cherries Grown in Michigan, New
York, Pennsylvania, Oregon, Utah,
Washington, and Wisconsin;
Suspension of Order Regulations
Regarding Random Row Diversion
Agricultural Marketing Service,
USDA.
ACTION: Proposed rule.
AGENCY:
This proposed rule invites
comments on changes to the grower
diversion regulations prescribed under
the marketing order for tart cherries
(order). The order regulates the handling
of tart cherries grown in the States of
Michigan, New York, Pennsylvania,
Oregon, Utah, Washington, and
Wisconsin and is administered locally
by the Cherry Industry Administrative
Board (Board). This rule would suspend
indefinitely the regulations establishing
random row as a method of grower
diversion. With growers consistently
choosing other diversion methods
which offer more flexibility and fewer
potential problems, the Board
recommended this suspension to bring
grower diversion requirements in line
with current industry practices.
DATES: Comments must be received by
July 28, 2011.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this proposal. Comments
must be sent to the Docket Clerk,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence
Avenue, SW., STOP 0237, Washington,
DC 20250–0237; Fax: (202) 720–8938; or
Internet: https://www.regulations.gov. All
comments should reference the docket
number and the date and page number
of this issue of the Federal Register and
will be made available for public
inspection in the Office of the Docket
Clerk during regular business hours, or
can be viewed at: https://
www.regulations.gov. All comments
submitted in response to this rule will
be included in the record and will be
made available to the public. Please be
advised that the identity of the
individuals or entities submitting the
comments will be made public on the
Internet at the address provided above.
FOR FURTHER INFORMATION CONTACT:
Jennie M. Varela, Marketing Specialist,
srobinson on DSK4SPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Mar<15>2010
19:39 Jul 15, 2011
Jkt 223001
or Christian D. Nissen, Regional
Manager, Southeast Marketing Field
Office, Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA; Telephone: (863) 324–
3375, Fax: (863) 325–8793, or E-mail:
Jennie.Varela@ams.usda.gov or
Christian.Nissen@ams.usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Laurel May,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence
Avenue, SW., STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or E-mail:
Laurel.May@ams.usda.gov.
This
proposal is issued under Marketing
Agreement and Order No. 930, both as
amended (7 CFR part 930), regulating
the handling of tart cherries grown in
Michigan, New York, Pennsylvania,
Oregon, Utah, Washington, and
Wisconsin, hereinafter referred to as the
‘‘order.’’ The order is effective under the
Agricultural Marketing Agreement Act
of 1937, as amended (7 U.S.C. 601–674),
hereinafter referred to as the ‘‘Act.’’
The Department of Agriculture
(USDA) is issuing this rule in
conformance with Executive Order
12866.
This proposal has been reviewed
under Executive Order 12988, Civil
Justice Reform. This proposed rule is
not intended to have retroactive effect.
The Act provides that administrative
proceedings must be exhausted before
parties may file suit in court. Under
section 608c(15)(A) of the Act, any
handler subject to an order may file
with USDA a petition stating that the
order, any provision of the order, or any
obligation imposed in connection with
the order is not in accordance with law
and request a modification of the order
or to be exempted therefrom. A handler
is afforded the opportunity for a hearing
on the petition. After the hearing, USDA
would rule on the petition. The Act
provides that the district court of the
United States in any district in which
the handler is an inhabitant, or has his
or her principal place of business, has
jurisdiction to review USDA’s ruling on
the petition, provided an action is filed
not later than 20 days after the date of
the entry of the ruling.
This proposed rule invites comments
on changes to the grower diversion
regulations prescribed under the order.
This rule would suspend indefinitely
the regulations establishing random row
as a method of grower diversion. With
growers consistently choosing other
SUPPLEMENTARY INFORMATION:
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diversion methods which offer more
flexibility and fewer potential problems,
the Board recommended this
suspension to bring grower diversion
requirements in line with current
industry practices. The Board
unanimously recommended this action
at a meeting on March 24, 2011.
Section 930.58 of the order provides
authority for voluntary grower
diversion. Under volume regulation,
growers can divert all or a portion of
their cherries which otherwise, upon
delivery to a handler, would be subject
to regulation. Section 930.158 prescribes
the rules and regulations for grower
diversion, including the procedures and
deadline dates for applying for
diversion and the types of diversion
available to growers. Currently, there are
four types of grower diversion: Random
row, whole block, partial block, and inorchard tank. This rule would suspend
portions of § 930.158 that provide
random row as an option under grower
diversion.
The order contains volume control
provisions that allow the industry to
address fluctuations in production from
season to season, helping to stabilize
supplies and prices. When volume
control is in effect, free and restricted
percentages are established. Handlers
can meet their restricted percentage
obligation by placing cherries in
inventory reserve, diverting cherries
themselves, or redeeming grower
diversion certificates.
Under voluntary grower diversion,
growers can divert cherries from
production in exchange for Board issued
grower diversion certificates stating the
quantity diverted. Growers can then
present these certificates to handlers
who may redeem them as a method of
complying with their restricted
percentage obligation under volume
regulation. By diverting cherries from
production, growers can avoid the costs
of harvesting and transporting fruit,
reduce the supply, and mitigate the
downward pressure on prices that result
from oversupply.
Following the promulgation of the
order in 1996, the Board recommended
regulations outlining two grower
diversion options for the 1997 crop year,
whole block and random row (63 FR
20019). Under whole block diversion,
growers select entire orchard blocks to
be left unharvested. With random row
diversion, the Board randomly selects
E:\FR\FM\18JYP1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 137 (Monday, July 18, 2011)]
[Proposed Rules]
[Pages 42067-42072]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17994]
========================================================================
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. 76, No. 137 / Monday, July 18, 2011 /
Proposed Rules
[[Page 42067]]
DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and Stockyards Administration
7 CFR Part 800
RIN 0580-AB15
Inspection and Weighing of Grain in Combined and Single Lots
AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Agriculture's (USDA), Grain Inspection,
Packers and Stockyards Administration (GIPSA) is proposing to revise
the regulations that cover the official grain inspection and weighing
service procedures that GIPSA's Federal Grain Inspection Service (FGIS)
performs under the authority of the United States Grain Standards Act
(USGSA), as amended. Specifically, GIPSA proposes to update the
regulations issued under the USGSA pertaining to grain exported in
large reusable containers typically loaded onto export ships. GIPSA
proposes to add new definitions of composite and average grades, limit
the number of such containers that could be averaged or combined to
form a single lot, restrict the inspection and weighing of such
container lots to the official service provider's area of
responsibility, specify a 60-day retention period for file samples
representing such container lots, and make consistent the weighing
certification procedures for container lots with those for inspection
certification procedures. GIPSA believes that these proposed revisions
would enhance the integrity of the Federal grain export certification
process and the uniformity of USDA-certified export grain shipped in
large reusable containers as to grade, thus facilitating the marketing
of all U.S. grain shipped for export.
DATES: Comments must be received on or before September 16, 2011.
ADDRESSES: You may submit comments by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Tess Butler, GIPSA, USDA, 1400 Independence Avenue,
SW., room 2542-S, Washington, DC 20250-3642.
E-mail: Comments to comments.gipsa@usda.gov.
Fax: (202) 690-2173.
All comments will become a matter of public record and should be
identified as ``Containerized Grain Proposed Rule Comments,'' making
reference to the date and page number of this issue of the Federal
Register. Comments will be available for public inspection on https://www.regulations.gov and in the above office during regular business
hours (7 CFR 1.27(b)). Please call GIPSA at (202) 720-7486 to make an
appointment to read the comments.
FOR FURTHER INFORMATION CONTACT: Robert Lijewski, Director, USDA,
GIPSA, Field Management Division, 1400 Independence Avenue, SW., Room
2409-S, Washington, DC 20250-3630, phone (202) 720-0224.
SUPPLEMENTARY INFORMATION:
Background
The United States Grain Standards Act (USGSA) (7 U.S.C. 71-87k), as
amended, provides an official inspection system that facilitates the
marketing of grain in domestic and international markets. The Secretary
of Agriculture (Secretary) is authorized by the USGSA to establish
standards of kind, class, quality, and condition for various grains and
to establish standards or procedures for accurate weighing and weight
certification and controls, including safeguards over equipment
calibration and maintenance, for grain shipped in interstate or foreign
commerce. Additionally, the Secretary can amend or revoke these
standards or procedures as needed in order to adjust to current
industry needs and practices. Under authority delegated by the
Secretary, GIPSA is authorized to establish and maintain regulations
that cover the inspection and weighing of grain under the USGSA.
Grain exported in large reusable containers has grown exponentially
in the past 5 years to levels that GIPSA believes have far exceeded
grain industry expectations. Increased exports of containerized grain
have, in turn, increased the demand for USDA grain inspection services
provided by FGIS and its official grain export service providers. While
the overall market share for U.S. export grain shipped in large
reusable containers has grown rapidly, USGSA regulations (7 CFR 800)
for export grain shipments have focused primarily on the inspection and
grading of grain exported in shiplots, unit trains, and lash barges--
not on grain exported in multiple large reusable containers that are
considered collectively as a single lot.
The last amendments to the USGSA regulations occurred in 1980 (45
FR 15810) when grain was not typically exported in large reusable
containers but was exported after being loaded in bulk onto ships, unit
trains, and lash barges. In recent years, however, demand has increased
for grain that is exported in large reusable containers, which enables
buyers and sellers to negotiate contract terms that specify the exact
quantity and quality of grain to be delivered. Typically, the industry
uses large reusable containers that may be 20 feet or 40 feet in
length, 8'0'' or 8'6'' in width, and 8'6'' or 9'6'' in height to
transport bulk or sacked grain. Large reusable containers are usually a
metal truck/trailer body that can be detached from the chassis for
loading into a vessel, a railcar, or stacked in a container depot.
Sales contracts usually cover multiple container parcels known as
``bookings'' (i.e., grain in multiple large reusable containers that
may be from different sources but are sold under a single sales
contract and a single certificate) that are shipped to multiple end
users, but collectively are considered a single lot. Unless exempted
from official inspection and weighing requirements, a sales contract
must stipulate that the overall quality in a booking meets an official
USDA grade standard. Accordingly, export grain sellers often request
that GIPSA combine inspection results from the individual containers
and issue one official inspection certificate for the booking.
Description of Proposed Revisions
GIPSA and grain buyers expect grain in one booking to be of overall
uniform quality. To guarantee that quality is maintained for grain
exported in large reusable containers, GIPSA believes that
[[Page 42068]]
the USGSA regulations pertaining to grain exported in such containers
must be revised to ensure that sellers ship the exact quantity and
quality of grain specified in the sales contracts (unless otherwise
stated, or ``if applicable'') that are currently required for grain
loaded onto ships, unit trains, and lash barges. Therefore, GIPSA
proposes to revise the USGSA regulations by adding new definitions of
composite and average grades, establishing procedures for grain shipped
in multiple large reusable containers that would be certified on one
certificate; limit the number of such containers that could be averaged
or combined into a single lot; restrict the inspection and weighing of
such container lots to the official service provider's area of
responsibility, whether a designated state, delegated state, or private
agency; and specify a 60-day retention period for file samples
representing large reusable container lots so that such containers
would be in line with the current retention schedule of short voyage
export ships and barges.
In Sec. 800.0 of the regulations, GIPSA proposes adding
definitions for the terms ``average grade'' and ``composite grade'' to
address methods of combining multiple samples to achieve a single
grade. This is necessary to issue the USDA inspection certificate for
the single lot.
Sections 800.84 and 800.85 would be amended to require the
applicant to provide written instructions, otherwise known as a load
order, to official personnel that reflect contract requirements, if
applicable, for quality and quantity for carriers graded on a composite
or average grade basis and to limit the number of large reusable
containers that may be averaged or combined to comprise a single lot.
Under existing procedures, a single inspection certificate can be
issued for hundreds of individual large reusable containers of grain.
When large numbers of large reusable containers loaded with grain are
combined into a single lot, however, GIPSA has found that the bookings
may not be uniform with respect to overall quality. GIPSA has observed
over time, however, that limiting the maximum number of individual
units to 20 large reusable containers, 5 railcars, or 15 trucks that
may be combined to form an average grade analysis for a single lot
increases the likelihood that a shipment of grain is more uniform in
quality and meets buyers' expectations. Our proposal would also require
that grain in any single lot be loaded in a reasonably continuous
operation (Sec. 800.0(b)(85)) to ensure that the quality of the grain
in large reusable containers does not diminish over time. This proposed
change would align the regulations regarding export grain loaded in
large reusable containers with those regulations for grain loaded onto
ships, unit trains, and lash barges. GIPSA believes that creating a
reasonably continuous loading requirement for large reusable containers
that is the same for ships, unit trains, and lash barges would promote
the marketing of export grain by establishing a more equitable playing
field among grain buyers and sellers.
In addition to ensuring that bookings (groupings of large reusable
containers in a contract) are uniform in overall quality, the proposed
revisions to the regulations would also require that all lots are
loaded in a reasonably continuous operation (Sec. 800.0(b)(85)), that
the loaded grain is maintained in good condition, that weighing in
combined lots is performed in accordance with USGSA regulations, and
that all large reusable containers of USDA-certified grain for export
are uniform in quality, adhere to contract specifications, if
applicable, as reflected in the load order, and meet customers'
expectations. GIPSA believes that establishing regulations for grain
exported in large reusable containers that parallel the continuous
loading operation of inspection and loading procedures for grain
exported in shiplots, unit trains, and lash barges would enhance the
enforcement of the USGSA and ensure that U.S. grain shipped in all
carriers adheres to contract specifications, if applicable. USGSA
regulations currently define the term ``carrier'' as a truck, trailer,
truck/trailer(s) combination, railroad car, barge, ship, or other
container used to transport bulk or sacked grain, which includes large
reusable containers.
Section 800.97(c)(1) would be revised to add the term ``container''
in order to make clear that the basic requirement would be that one
official certificate must be issued for the weighing of each large
reusable container, truck, trailer, truck/trailer combination, railroad
car, barge, or similarly sized carrier. Additional regulatory text
would limit the number of carriers on a weight certificate at a single
location and would specify that weighing take place in a reasonably
continuous operation. This would align the weight certification
procedures with the inspection certification procedures as there would
be a reasonably continuous operation procedure for both the inspection
and weighing of all carriers.
Section 800.98(b) would be revised to remove the requirement that
grain in each single lot be weighed at the same location, and include a
new provision that would allow grain weighed at multiple locations to
be certified as a combined lot in a single booking. Weighing performed
at each individual location is still required to be completed in a
reasonably continuous operation that parallels the current inspection
procedures. This new provision would enable foreign buyers to purchase
grain shipped in multiple large reusable containers under one sales
contract by allowing U.S. grain exporters to weigh grain for a combined
lot at different locations within an official agency's designated/
delegated area. Official agencies are State or local government
agencies, or persons, designated/delegated by GIPSA to perform official
inspection and/or weighing services under the USGSA. The limitation of
weighing and certifying grain in combined lots at one location would be
eliminated to promote the marketability of grain by allowing large
reusable containers from several loading facilities to be included on
one weight certificate. As a result, more than one elevator or loading
location may exist on a combined lot weight certificate since weighing
would be permitted at multiple locations.
New requirements would be added in Sec. 800.152 related to the
retention of file samples from containers, short voyage ships, and
barges. The table currently in this section would be amended to include
a column for ``Other'' to clarify that the file retention requirements
apply to situations involving bins, tanks, and submitted samples since
bins, tanks, and submitted samples do not fall under the ``in,''
``out,'' or ``export'' categories.
Alternatives Considered
We considered continuing using the current inspection procedures
for all grain exported in large reusable containers. GIPSA believes,
however, that a limitless amount of large reusable containers combined
into a single lot would increase sampling variability due to the
infinite sample size.
GIPSA also considered mandating that each individual large reusable
container be inspected and certified. Doing so, however, would
unnecessarily burden U.S. grain exporters and USDA's official
inspection system with increased labor and equipment costs, and would
affect the timeliness of certificate issuance.
GIPSA believes that the proposed revisions to the USGSA regulations
would continue to promote the orderly marketing of U.S. grain. The
proposed revisions were carefully designed to ensure the integrity of
the USDA
[[Page 42069]]
certificate and foster consumer confidence in U.S. grain.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been determined to be not significant for the
purposes of Executive Order 12866 and, therefore, has not been reviewed
by the Office of Management and Budget (OMB).
Pursuant to the requirements set forth in the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601-612), GIPSA has considered the
economic impact of this action on small entities. The purpose of the
RFA is to fit regulatory actions to the scale of businesses subject to
such actions in order that small businesses will not be unduly or
disproportionately burdened.
Under the provisions of the USGSA, grain exported from the U.S.,
unless exempted, must be officially inspected and weighed. Mandatory
inspection and weighing services are provided by GIPSA at 47 export
facilities and by delegated States at 17 facilities, and seven
facilities for U.S. grain transshipped through Canadian ports. All of
these facilities are owned by multi-national corporations, large
cooperatives, or public entities that do not meet the requirements for
small entities established by the Small Business Administration (SBA).
Furthermore, these regulations are applied equally to all entities. The
USGSA (7 U.S.C. 87f-1) requires the registration of all persons engaged
in the business of buying grain for sale in foreign commerce. In
addition, those persons who handle, weigh, or transport grain for sale
in foreign commerce must also register. Section 800.30 of the USGSA
regulations (7 CFR 800.30) define a foreign commerce grain business as
any person who regularly engages in buying for sale, handling,
weighing, or transporting grain totaling 15,000 metric tons or more
during the preceding or current calendar year. At present, there are
113 registrants registered to export grain. While most of the 113
registrants are large businesses, we believe that some are small.
The SBA defines small businesses by their North American Industry
Classification System Codes (NAICS).\1\ The SBA defines small grain
exporters in its regulations (13 CFR 121.201) as entities having less
than $7,000,000 in average annual receipts (NAICS code 115114). Small
grain exporters that export less than 15,000 metric tons per year are
exempt from the mandatory inspection and weighing requirements under
Sec. 800.18 of the USGSA regulations (7 CFR 800.18). This ``waiver''
was established to provide economic relief to small grain exporter
businesses from inspection and weighing requirements without impairing
the objectives of the USGSA.
---------------------------------------------------------------------------
\1\ See: https://www.sba.gov/idc/groups/public/documents/sba_homepage/serv_sstd_tablepdf.pdf.
---------------------------------------------------------------------------
This proposed rule would revise the regulations regarding
procedures for official export grain inspection and weighing services
performed under the authority of the USGSA. The proposed rule would
also amend the USGSA regulations for grain shipped in large reusable
containers for export, add new definitions for composite and average
grades for grain in multiple large reusable containers certified on one
certificate, limit the number of large reusable containers that would
be averaged or combined in a single lot, restrict the inspection and
weighing of large reusable container lots to the official service
provider's area of responsibility to align large reusable containers
with other shipments of grain; specify a 60-day retention period for
file samples representing large reusable container lots; and align
weighing certification procedures for large reusable container lots
with those for inspection certification procedures.
There would be no additional reporting or record keeping
requirements imposed upon small entities as a result of this proposed
rule. GIPSA has not identified any other Federal rules which may
duplicate, overlap or conflict with this proposed rule. Given the
forgoing discussion, GIPSA has therefore determined that this proposed
rule would not have a significant economic impact on a substantial
number of small entities as defined in the RFA.
We welcome comments on the cost of compliance with this proposed
rule, and particularly on the impact of this proposed rule on small
businesses. We also welcome comments on any alternatives to the
proposed rule that may achieve the same purpose with less cost or
burden.
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This action is not intended to have retroactive
effect. The USGSA provides in section 87g (7 U.S.C. 87g) that no
subdivision may require or impose any requirements or restrictions
concerning the inspection, weighing, or description of grain under the
USGSA. Otherwise, this rule would not preempt any State or local laws,
or 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.
Executive Order 13175
This proposed rule has been reviewed with the requirements of
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments. This rule would not have substantial and direct effects on
Tribal governments and would not have significant Tribal implications.
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 800 have been approved by Office of Management and Budget under
Control 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 800
Administrative practice and procedure, exports, grains, reporting
and recordkeeping requirements.
For the reasons set out in the preamble, GIPSA proposes to amend 7
CFR Part 800 as follows:
PART 800--GENERAL REGULATIONS
1. The authority citation for part 800 continues to read as
follows:
Authority: 7 U.S.C. 71-87k.
2. Amend Sec. 800.0(b) by removing the numerical paragraph
designations (1) through (107) and adding definitions for ``average
grade'' and ``composite grade'' in alphabetical order to read as
follows:
Sec. 800.0 Meaning of terms.
* * * * *
(b) * * *
Average grade. Multiple carrier units or sublots that are graded
individually then averaged to form a single lot inspection.
* * * * *
Composite grade. Multiple samples obtained from the same type of
carriers (e.g., trucklots, containers) that are combined into one
sample for grade to form a single lot inspection.
* * * * *
3. Amend Sec. 800.84 by revising paragraphs (a), (b)(1), (b)(2)
and the introductory text of paragraph (c) to read as follows:
[[Page 42070]]
Sec. 800.84 Inspection of grain in land carriers, containers, and
barges in single lots.
(a) General. The inspection of bulk or sacked grain loaded or
unloaded from any carrier or container, except shiplot grain, must be
conducted in accordance with the provision in this section and
procedures prescribed in the instructions. Applicant must provide
written instructions to official personnel, reflecting contract
requirements for quality and quantity for the inspection of multiple
carriers graded on a composite grade or average grade basis.
(b) * * *
(1) Single grade. When grain in a carrier(s) is/are offered for
inspection as one lot and the grain is found to be uniform in
condition, the grain must be sampled, inspected, graded, and certified
as one lot. For the purpose of this paragraph, condition only includes
the factors heating and odor.
(i) Composite grade. Grain loaded in multiple carriers offered for
inspection may be combined into a single sample for grade analysis and
certified as a single lot, provided that the grain in each individual
carrier is inspected and found uniform in respect to odor, condition,
and insect infestation, and sampling is performed at the individual
loading location in a reasonably continuous operation. The maximum
number of individual units that may be combined to form a composite
grade analysis is 20 containers, 5 railcars, or 15 trucks. Composite
analysis must be restricted to carriers inspected within the official
service provider's area of responsibility.
(ii) Average grade. Grain loaded in multiple carriers offered for
inspection may be graded individually, then averaged for certification
as a single lot, provided that: the grain in each individual carrier is
inspected and graded as an individual unit; the grain is found to be
uniform in respect to odor, condition, and insect infestation; and
sampling is performed at the individual loading location in a
reasonably continuous operation. The maximum number of individual units
that may be combined to form an average grade analysis is 20
containers, 5 railcars, or 15 trucks. Average grade analysis is
restricted to carriers inspected within the official service provider's
area of responsibility.
(2) Multiple grade. When grain in a carrier is offered for
inspection as one lot and the grain is found to be not uniform in
condition because portions of the grain are heating or have an odor,
the grain in each portion will be sampled, inspected, and graded
separately; but the results must be shown on one certificate. The
certificate must show the approximate quantity or weight of each
portion, the location of each portion in the carrier or container, and
the grade of the grain in each portion. The requirements of this
section are not applicable when an applicant requests that the grade of
the entire carrier be based on a determination of heating or odor when
only a portion of the carrier is found to be heating or have an odor.
* * * * *
(c) One certificate per carrier: exceptions. Except as provided in
this paragraph, one official certificate must be issued for the
inspection of the grain in each truck, trailer, truck/trailer(s)
combination, container, railcar, barge, or similarly-sized carrier, or
composite/average grade analysis on multiple carrier units. The
requirements of this paragraph are not applicable:
* * * * *
4. Amend Sec. 800.85 by revising paragraphs (b)(1), (c)(1),
(c)(2), (h)(4), and (h)(5) to read as follows:
Sec. 800.85 Inspection of grain in combined lots.
* * * * *
(b) * * *
(1) For inspection during loading, unloading, or at rest.
Applications for official inspection of grain as a combined lot must:
(i) Be filed in accordance with Sec. 800.116;
(ii) Show the estimated quantity of grain that is to be certified
as one lot;
(iii) Show the contract grade, and if applicable; other inspection
criteria required by the contract; and
(iv) Identify each carrier into which grain is being loaded or from
which grain is being unloaded.
* * * * *
(c) * * *
(1) Inspection during loading, or unloading, or at rest. Grain in
two or more land carriers or barges that are to be officially inspected
as a combined lot, must be sampled in a reasonably continuous
operation. Representative samples must be obtained from the grain in
each individual carrier and inspected in accordance with procedures as
prescribed in the instructions.
(2) Recertification. Grain that has been officially inspected and
certified as two or more single, composite, or average quality lots may
be recertified as a combined lot provided that:
(i) The grain in each lot was sampled in a reasonably continuous
operation;
(ii) The original inspection certificates issued for the single,
composite, or average quality lots have been surrendered to official
personnel;
(iii) Representative file samples of the single, composite, or
average quality lots are available;
(iv) The grain in the single, composite, or average quality lots is
of the same grade or better grade and quality than as specified in the
written instructions provided by the shipper;
(v) Official personnel who performed the inspection service for the
single, composite, or average quality lots and the official personnel
who are to recertify the grain as a combined lot must determine that
the samples used as a basis for the inspection of the grain in the
single, composite, or average quality lots were representative at the
time of sampling and have not changed in quality or condition; and
(vi) The quality or condition of the grain meets uniformity
requirements established by the Service for official inspection of
grain in combined lots.
* * * * *
(h) * * *
(4) Combined-lot certification; general. Each official certificate
for a combined-lot inspection service must show the identification for
the ``combined lot'' or, at the request of the applicant, the
identification of each carrier in the combined lot. If the
identification of each carrier is not shown, the statement ``Carrier
identification available on the official work record'' must be shown on
the inspection certificate in the space provided for remarks. The
identification and any seal information for the carriers may be shown
in the Remarks section on the reverse side of the inspection
certificate, provided that the statement ``See reverse side'' is shown
on the face of the certificate in the space provided for remarks, or on
an additional page.
(5) Recertification. If a request for a combined-lot inspection
service is filed after the grain has been officially inspected and
certified as single, composite, or average quality lots, the combined-
lot inspection certificate must show, in addition to the requirements
of paragraph (h)(4) of this section the following:
(i) The date of inspection of the grain in the combined lot (if the
single, composite, or average quality lots were inspected on different
dates, the latest of the dates must be shown);
(ii) A serial number other than the serial numbers of the official
inspection certificates that are to be superseded;
(iii) The location of the grain, if at rest, or the name(s) of the
elevator(s) from which or into which the grain in the combined lot was
loaded or unloaded;
[[Page 42071]]
(iv) A statement showing the approximate quantity of grain in the
combined lot;
(v) A completed statement showing the identification of any
superseded certificates; and
(vi) If at the time of issuing the combined-lot inspection
certificate the superseded certificates are not in the custody of the
official personnel, a statement indicating that the superseded
certificates have not been surrendered must be clearly shown in the
space provided for remarks. If the superseded certificates are in the
custody of official personnel, the superseded certificates must be
clearly marked ``Void.''
* * * * *
5. Amend Sec. 800.97 by revising paragraphs (b)(1) and (c)(1) to
read as follows:
Sec. 800.97 Weighing grain in containers, land carriers, barges, and
shiplots.
* * * * *
(b) * * *
(1) General. If grain in a carrier is offered for inspection or
weighing service as one lot, the grain must be weighed at the
individual weighing location in a reasonably continuous operation and
certified as one lot. The identification of the carrier(s) must be
recorded on the scale tape or ticket and the weight certificate.
* * * * *
(c) Certification of trucklots, containerlots, carlots, and
bargelots. (1) Basic requirement. One official certificate must be
issued for the weighing of the grain in each container, truck, trailer,
truck/trailer(s) combination, railroad car, barge, or similarly sized
carrier. This requirement is not applicable to multiple grain carriers
weighed as a single lot or combined lot under Sec. 800.98.
* * * * *
6. Amend Sec. 800.98 by revising paragraphs (b)(1), (b)(2), and
(c)(2) to read as follows:
Sec. 800.98 Weighing grain in combined lots.
* * * * *
(b) * * *
(1) Single lot weighing. Single lots of grain that are to be
weighed as a combined lot may be weighed at multiple locations,
provided that the lots are contained in the same type of carrier and
weighing is performed at each individual location in a reasonably
continuous operation. The grain loaded into or unloaded from each
carrier must be weighed in accordance with procedures prescribed in the
instructions. In the case of sacked grain, a representative weight
sample must be obtained from the grain in each carrier unless otherwise
specified in the instructions.
(2) Recertification. Grain that has been weighed and certified as
two or more single lots may be recertified as a combined lot, provided
that the original weight certificates issued for the single lots have
been or will be surrendered to the appropriate agency or field office,
and the official personnel who performed the weighing service for the
single lots and the official personnel who are to recertify the grain
as a combined lot determine that the weight of the grain in the lots
has not since changed, and in the case of sacked grain, that the weight
samples used as a basis for weighing the single lots were
representative at the time of the weighing.
* * * * *
(c) * * *
(2) Recertification. If a request for a combined-lot Class X or
Class Y weighing service is filed after the grain in the single lots
has been weighed and certified, the combined-lot weighing certificate
must show the following:
(i) The date of weighing the grain in the combined lot (if the
single lots were weighed on different dates, the latest dates must be
shown);
(ii) A serial number, other than the serial numbers of the weight
certificates that are to be superseded;
(iii) The name of the elevator(s) from which or into which the
grain in the combined lot was loaded or unloaded;
(iv) A statement showing the weight of the grain in the combined
lot;
(v) A completed statement showing the identification of any
superseded certificate as follows: ``This combined-lot certificate
supersedes certificate Nos. ------------, dated ------------; and
(vi) If at any time of issuing the combined-lot weight certificate,
the superseded certificates are not in the custody of the agency or
field office, the statement ``The superseded certificates identified
herein have not been surrendered'' must be shown clearly in the space
provided for remarks beneath the statement identifying the superseded
certificates. If the superseded certificates are in the custody of the
agency or field office, the superseded certificates must be clearly
marked ``Void.''
* * * * *
7. Amend Sec. 800.152 by revising paragraph (b) to read as
follows:
Sec. 800.152 Maintenance and retention of file samples.
* * * * *
(b) Minimum retention period. Upon request by an agency and with
the approval of the Service, specified file samples or classes of file
samples may be retained for shorter periods of time.
----------------------------------------------------------------------------------------------------------------
Carrier In Out Export Other
----------------------------------------------------------------------------------------------------------------
(1) Trucks...................................... 3 5 30 ..............
(2) Railcars.................................... 5 10 30 ..............
(3) Ships & Barges.............................. 5 25 90 ..............
(4) Ships and Barges (short voyage--5 days or 5 25 60 ..............
less)..........................................
(5) Containers.................................. 5 60 60 ..............
(6) Bins & Tanks................................ .............. .............. .............. 3
(7) Submitted Samples........................... .............. .............. .............. 3
----------------------------------------------------------------------------------------------------------------
* * * * *
J. Dudley Butler,
Administrator, Grain Inspection, Packers and Stockyards Administration.
[FR Doc. 2011-17994 Filed 7-15-11; 8:45 am]
BILLING CODE 3410-KD-P
