[Federal Register: October 23, 2003 (Volume 68, Number 205)]
[Rules and Regulations]
[Page 60617-60618]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23oc03-2]
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DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and Stockyards Administration
7 CFR Part 801
RIN 0580-AA57
Official Performance Requirements for Grain Inspection Equipment
AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA.
ACTION: Direct final rule.
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SUMMARY: The Grain Inspection, Packers and Stockyards Administration
(GIPSA) is amending the regulations under the United States Grain
Standards Act, as amended, entitled Official Performance Requirements
for Grain Inspection Equipment by removing regulation on tolerance for
dividers. This change is being made to simplify inspection regulations.
The removed section has been determined to be unnecessary, since
testing of dividers has been modified in current instructions and
directives to eliminate testing with grain and to require only a visual
condition examination of grain dividers.
DATES: This rule is effective December 22, 2003 without further action,
unless adverse comments or written notice of intent to submit adverse
comments are received by November 24, 2003. If adverse comments are
received, GIPSA will publish a timely withdrawal of the rule in the
Federal Register.
ADDRESSES: Comments or notice of intent must be sent to Tess Butler,
USDA, GIPSA, Room 1647-S, STOP 3604, 1400 Independence Avenue, SW.,
Washington, DC 20250-3604, FAX (202) 690-2755. All comments received
will be made available for public inspection at the above address
during regular business hours (8 a.m.-3:30 p.m.) (7 CFR 1.27(b)).
FOR FURTHER INFORMATION CONTACT: John Giler, Chief, Policies and Procedures Branch at (202) 720-0252 or e-mail: John.C.Giler@usda.gov <mailto:John.C.Giler@usda.gov>.
SUPPLEMENTARY INFORMATION: Each type (design) of grain divider receives
a thorough laboratory test and evaluation, prior to approval. The type
of divider must provide a statistically unbiased division of the sample
into representative portions. Representative portions are sub-samples
that contain the same percentage of various components as the sample
from which they are taken. Also, for ease of use, each must meet
criteria for accuracy and repeatability of portion weight delivered.
Testing of each individual divider on a periodic basis at field
locations was intended to ensure that they function properly. After
receiving recommendations from a task force on equipment testing
requirements and from other experienced personnel, GIPSA determined
that field testing dividers with grain samples to evaluate the weight
of grain delivered to each collection pan is unnecessary. It was
determined that the test was actually a user adjustment that was more
appropriately performed as a maintenance function, on an as needed
basis.
Because of the prior laboratory approval testing, testing of
dividers was modified in instructions and directives to eliminate
testing with grain and to require only a visual condition examination
of grain dividers. This practice is in accord with the visual
examination required of similar kinds of equipment used for sampling
grain.
[[Page 60618]]
Executive Order 12866
The rule has been determined to be not significant for purposes of
Executive Order 12866 and, therefore, has not been reviewed by the
Office of Management and Budget. This action simplifies the regulations
concerning official performance requirements for grain inspection
equipment by removing unnecessary language. No cost to affected
entities results from this action.
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This action is not intended to have a retroactive
effect. The Act provides in section 87g that no State or subdivision
may require or impose any requirements or restrictions concerning the
inspection, weighing, or description of grain under the Act. Otherwise,
this rule will not preempt any State or local laws, regulations, or
policies, unless they present an irreconcilable conflict with this
rule. There are no administrative procedures which must be exhausted
prior to any judicial challenge to the provisions of this rule.
Regulatory Flexibility Act Certification
Donna Reifschneider, Administrator, GIPSA, has determined that this
rule will not have a significant economic impact on a substantial
number of small entities as defined in the Regulatory Flexibility Act
(5 U.S.C. 602 et seq.). This action simplifies the regulations
concerning official performance requirements for grain inspection
equipment by removing unnecessary language concerning testing of
dividers. There currently are 56 official agencies, 43 private, 7
States and 6 delegated states under the United States Grain Standards
Act. Most users of the official inspection and weighing services and
those entities that perform these services do not meet the requirements
for small entities. Further the regulations are applied equally to all
entities.
Information Collection and Recordkeeping Requirements
This rule contains no information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995. (44 U.S.C.
3501, et seq.)
Background
FGIS is publishing this rule without a prior proposal because we
view this action as noncontroversial and anticipate no adverse public
comment. This rule will be effective, as published in this document, 60
days after the date of publication in the Federal Register unless we
receive written comments or written notice of intent to submit comments
within 30 days of the date of publication of this rule in the Federal
Register. Adverse comments are comments that suggest the rule should
not be adopted or suggest the rule should be changed.
If we receive written comments or written notice of intent to
submit comments, we will publish a notice in the Federal Register
withdrawing this rule before the effective date. We will then publish a
proposed rule for public comment. Following the close of that comment
period, the comments will be considered and a final rule addressing the
comments will be published.
As discussed above, if we receive no written comments or written
notice of intent to submit comments within 30 days of publication of
this direct final rule, this final rule will become effective 60 days
following its publication. We will publish a notice to this effect in
the Federal Register, before the effective date of this final rule,
confirming that it is effective on the date indicated in this document.
List of Subjects in 7 CFR Part 801
Grain inspection, Scientific equipment, and Weighing.
0
For reasons set forth in the preamble, 7 CFR part 801 is amended as
follows:
0
1. The authority citation for Part 801 continues to read as follows:
Authority: Pub. L. 94-582,90 Stat.2867, as amended, (7 U.S.C. 71
et seq.).
Sec. 801.10 [Removed]
0
2. Section 801.10 is removed from the CFR and is reserved.
Donna Reifschneider,
Administrator.
[FR Doc. 03-26388 Filed 10-22-03; 8:45 am]
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