39730 Federal Register / Vol. 72, No. 139 / Friday, July 20, 2007 / Rules and Regulations 

Subpart J—[Reserved] 

Title XIII—Business Credit and 

Assistance; Chapter I—Small Business 

Administration 

PART 134—RULES OF PROCEDURE 

GOVERNING CASES BEFORE THE 

OFFICE OF HEARINGS AND APPEALS 

■ 2. The authority citation for part 134 

continues to read as follows: 

Authority: 5 U.S.C. 504; 15 U.S.C. 632, 

634(b)(6), 637(a), 648(l), 656(i), and 687(c); 

E.O. 12549, 51 FR 6370, 3 CFR, 1986 Comp., 

p. 189. 

§ 134.102 [Amended] 

■ 3. Section 134.102(p) of subpart B is 

amended by removing ‘‘part 145 of this 

chapter’’ and adding ‘‘2 CFR parts 180 

and 2700’’ in its place. 

PART 145—[REMOVED] 

■ 4. Under the authority of 15 U.S.C. 

634, 13 CFR part 145 is removed. 

Dated: July 12, 2007. 

Steven C. Preston, 

Administrator. 

[FR Doc. E7–14035 Filed 7–19–07; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF AGRICULTURE 

Grain Inspection, Packers and 

Stockyards Administration 

7 CFR Parts 800 and 810 

RIN 0580–AA91 

United States Standards for Sorghum 

AGENCY: Grain Inspection, Packers and 

Stockyards Administration, USDA. 

ACTION: Final rule. 

SUMMARY: We are revising the United 

States Standards for Sorghum to amend 

the definitions of the classes Sorghum, 

White sorghum, and Tannin sorghum, 

and to amend the definition of nongrain 

sorghum. We are amending the grade 

limits for broken kernels and foreign 

material (BNFM), and the subfactor 

foreign material (FM). Additionally, we 

are inserting a total count limit for other 

material into the standards and revising 

the method of certifying test weight 

(TW). Further, we are changing the 

inspection plan tolerances for BNFM 

and FM. These changes will help 

facilitate the marketing of sorghum. 

DATES: Effective Date: June 1, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Patrick McCluskey at GIPSA, USDA, 

Suite 180 STOP 1404, 6501 Beacon 

Drive, Kansas City, MO, 64133; 

Telephone (816) 823–4639; fax (816) 

823–4644. 

SUPPLEMENTARY INFORMATION: 

Background 

The United States Grain Standards 

Act (USGSA) authorizes the Secretary of 

Agriculture to establish official 

standards of kind and class, quality and 

condition for sorghum and other grains 

(7 U.S.C. 76). The United States 

Standards for Grain serve as the starting 

point to define grain quality in the 

marketplace. The United States 

Standards for Sorghum are in the 

regulations at 7 CFR 810.1401–

810.1405. 

On September 24, 2003, GIPSA was 

asked by the National Sorghum 

Producers (NSP, formerly National 

Grain Sorghum Producers) to initiate a 

review of the sorghum standards. 

Accordingly, in the December 17, 2003 

Federal Register (68 FR 70201), through 

an Advance Notice of Proposed 

Rulemaking (ANPR) we requested views 

and comments on the sorghum 

standards. We received 35 comments to 

the ANPR. In the March 29, 2006 

Federal Register (71 FR 15633–15639) 

we invited comments to our proposed 

rule identifying changes to the United 

States Standards for Sorghum to: 

(1) Delete the reference to tannin 

content from definitions of Sorghum, 

Tannin sorghum and White sorghum, 

and define these classes based on the 

presence or absence of a pigmented testa 

(subcoat); 

(2) Revise the definition of nongrain 

sorghum by deleting sorghumsudangrass hybrids, sorgrass, and 

adding language referencing seeds of 

Sorghum bicolor (L.) Moench that 

appear atypical of grain sorghum; 

(3) Reduce the grading limits for 

broken kernels and foreign material 

(BNFM) and the subfactor foreign 

material (FM); 

(4) Insert a total count limit of 10 for 

other material used to determine sample 

grade factors; 

(5) Report the certification of sorghum 

test weight in tenths of a pound per 

bushel; and 

(6) Revise the sorghum breakpoints 

and associated grade limits for U.S. Nos. 

1, 2, 3, and 4 BNFM and FM. 

Comment Review 

We received 11 comments expressing 

a variety of views during the 60 day 

comment period for the proposed rule. 

We received comments from sorghum 

producers, producer and other industry 

organizations, grain handlers, and a 

sorghum researcher. 

Overall, the comments supported all 

or a significant portion of the changes. 

A few commenters opposed specific 

portions of the changes. Some 

commenters requested additional 

changes beyond the scope of the 

proposed rule: Deleting the separate 

reference to FM but retaining the 

standard for total BNFM in the sorghum 

standard; deleting the reference to other 

grains from the definition of Damaged 

Kernels and Heat-damaged Kernels; and 

standardizing feed grain standards. We 

will consider these comments for future 

work on the standards. 

Sorghum Class Definitions 

We proposed removing the reference 

to tannin content from definitions of 

Sorghum, Tannin sorghum and White 

sorghum, and define these classes based 

on the presence or absence of a 

pigmented testa (subcoat). We received 

nine comments on the proposal to 

remove the word tannin from the class 

definitions of Sorghum, Tannin 

sorghum, and White sorghum. Eight 

commenters directly supported the 

proposal as written and the other 

commenter did not oppose the proposal 

as written. No comments were received 

opposing the proposal. Of the 

supporting comments, most used 

identical language to state that defining 

sorghum based on the lack of a 

pigmented testa (subcoat) addressed the 

concerns of sorghum marketing 

organizations. Accordingly, we are 

amending the sorghum standards to 

remove the reference to tannin content 

from definitions of Sorghum, Tannin 

sorghum and White sorghum, and 

define these classes based on the 

presence or absence of a pigmented testa 

(subcoat), as set forth in the proposal. 

Nongrain Sorghum Definition 

We proposed changing the definition 

of nongrain sorghum by (1) removing 

sorgrass and sorghum-sudangrass 

hybrids by (2) adding the words ‘‘seeds 

of Sorghum bicolor (L.) Moench that 

appear atypical of grain sorghum.’’ No 

commenters opposed or supported the 

proposal as written. Sorghumsudangrass hybrids (botanically, 

Sorghum bicolor (L.) Moench), despite 

being grown as a forage crop, can either 

produce kernels which appear typical of 

grain sorghum or kernels that appear 

atypical of grain sorghum. We continue 

to believe that there is no reason to 

count kernels which appear typical of 

grain sorghum as nongrain sorghum, 

and this proposed change is made final 

herein. 

Comments were received supporting 

the removal of sweet sorghum (sorgo) 

from the definition of nongrain sorghum 

because botanically, sweet sorghum is 

Sorghum bicolor (l.) Moench, as is grain 


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Federal Register / Vol. 72, No. 139 / Friday, July 20, 2007 / Rules and Regulations 39731 

sorghum and sorghum-sudangrass 

hybrid. We discussed removing sweet 

sorghum (sorgo) from the definition of 

nongrain sorghum in the proposed rule 

but did not propose it as a change to the 

standards, taking into account 

comments received as a result of the 

ANPR. Sweet sorghum plants can 

produce kernels that appear either 

typical or atypical of grain sorghum. 

Using the same rationale applied to 

sorghum-sudangrass hybrids, we believe 

there is no reason to count sweet 

sorghum kernels which appear typical 

of grain sorghum as nongrain sorghum. 

Further, the additional wording ‘‘and 

seeds of Sorghum bicolor (L.) Moench 

that appear atypical of grain sorghum’’

will allow sweet sorghum kernels which 

appear atypical of grain sorghum to be 

counted as nongrain sorghum. 

Therefore, based on the comments 

received, we will delete sweet sorghum 

(sorgo) from the definition of nongrain 

sorghum. 

Finally, comments noted that 

producers appear to be restricted from 

receiving any program support from 

USDA because of the continuing 

classification of sweet sorghum as a 

nongrain. However, market conditions 

drive standards development and 

amendment, not eligibility for program 

support from USDA. Nonetheless, the 

definition of nongrain sorghum will be 

changed, but not because of this 

comment. 

BNFM and FM Grade Limits 

We proposed reducing the grade 

limits for BNFM and the subfactor FM. 

Comments noted that proposed 

revisions to the limits for BNFM and the 

subfactor FM would make it very 

difficult to achieve U.S. Number 1. We 

carefully considered the technical 

constraints and concerns raised as a 

result of this proposed change. 

Currently, U.S. Number 2 is the 

common trading standard and our 

analysis showed virtually no difference 

in the percentage of sorghum receiving 

the Number 2 grade (BNFM: 100.0 

percent versus 99.8 percent; FM: 99.9 

percent versus 95.8 percent) as a result 

of reducing the grade limits. We believe 

there will be no aggregate negative 

impact on the export sorghum market. 

Likewise, we believe changes to the 

sorghum standards must serve to 

improve market efficiency and 

encourage the production and delivery 

of high quality sorghum. Therefore, we 

are making no changes based on this 

comment. 

Total Other Material Count 

We proposed limiting the total 

number of pieces of other material upon 

which sample grade factor 

determinations are made. Eight 

comments were received supporting the 

proposal specifically or by inference. No 

comments were received opposing the 

proposal. Sorghum is used as a food 

grain in much of the world, thus the 

sample grade limit for sorghum should 

be consistent with the sample grade 

limits for other grains used as food. 

Accordingly, we are amending the 

sorghum standards to include a 

maximum count limit of 10 for the total 

of other material used to determine 

sample grade factors. 

Test Weight Certification 

We proposed revising the certification 

of sorghum test weight from TW from 

whole and half pounds, with a fraction 

of a half pound disregarded, to 

certification in tenths of a pound. One 

comment was received in support of the 

proposal, and no comments were 

received opposing the proposal as 

written. Accordingly, as set forth in the 

proposal, we are amending the grain 

standards to revise the certification of 

sorghum test weight. 

Inspection Plan Tolerances 

Shiplots, unit trains, and lash barge 

lots are inspected with a statistically 

based inspection plan. Inspection 

tolerances, commonly referred to as 

Breakpoints (BP), are used to determine 

acceptable quality. The revisions to the 

sorghum standards require revisions to 

some breakpoints. Accordingly, we are 

revising Table 15 of section 800.86(c)(2) 

to reflect the corresponding changes in 

the established inspection plan 

tolerances. The grade limits (GL) for 

sorghum are also revised in Table 15. 

Effective Date 

As specified in the USGSA (7 U.S.C. 

76(b)), amendments to the standards 

cannot become effective less than one 

calendar year after public notification, 

unless in the judgment of the Secretary, 

the public health, interest, or safety 

require that they become effective 

sooner. In accordance with that section 

of the Act, it is determined that it is in 

the public interest to have this final rule 

effective on June 1, 2008, in order to 

coincide with the start of the 2008 

sorghum harvest, and to facilitate 

domestic and export marketing of 

sorghum. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This action has been determined to be 

exempt for the purposes of Executive 

Order 12866, and therefore has not been 

reviewed by the Office of Management 

and Budget. 

The Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601 et seq.) requires agencies 

to consider the economic impact of each 

rule on small entities and evaluate 

alternatives that would accomplish the 

objectives of the rule without unduly 

burdening small entities or erecting 

barriers that would restrict their ability 

to compete in the market. 

We are amending the grain standards 

to change the definition of sorghum 

classes by deleting references to tannin 

and adding language referencing the 

presence or absence of a pigmented 

testa. We are amending the definition of 

nongrain sorghum by removing 

sorghum-sudangrass hybrids, sorgrass, 

and sweet sorghum (sorgo), and adding 

language referencing seeds of Sorghum 

bicolor (L.) Moench that appear atypical 

of grain sorghum. We are amending the 

grade and grade requirements for 

sorghum by reducing the grading limits 

for broken kernels and foreign material 

(BNFM) and the subfactor foreign 

material (FM), and inserting a total 

count limit of 10 for other material used 

to determine sample grade factors. We 

are amending the grain standards to 

report the certification of test weight in 

tenths of a pound. The changes made to 

the sorghum standards in this final rule 

are needed to ensure market-relevant 

standards and grades and facilitate the 

marketing of grain. 

Under the provisions of the USGSA, 

grain exported from the United States 

must be officially inspected and 

weighed. The regulations and standards 

are applied equally to all entities. 

We provide mandatory inspection and 

weighing services at 33 export elevators 

(including four floating elevators). All of 

these facilities are owned by multinational corporations, large 

cooperatives, or public entities that do 

not meet the requirements for small 

entities established by the Small 

Business Administration. 

The U.S. sorghum industry, including 

producers (approximately 40,000 

(USDA–2002 Census of Agriculture)), 

handlers, processors, and merchandisers 

are the primary users of the U.S. 

Standards for Sorghum and utilize the 

official standards as a common trading 

language to market grain sorghum. We 

assume that some of the entities may be 

small. 

In addition to GIPSA, there are 55 

official agencies that perform official 

services under the USGSA. Most users 

of the official inspection and weighing 

services, and the entities that perform 

these services, do not meet the 

regulations for small entities. 

The USGSA (7 U.S.C. 87f–1) requires 

the registration of all persons engaged in 

the business of buying, handling, 


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39732 Federal Register / Vol. 72, No. 139 / Friday, July 20, 2007 / Rules and Regulations 

weighing, or transporting grain for sale 

in foreign commerce. The USGSA 

regulations (7 CFR 800.30) define a 

foreign commerce grain business as 

persons who regularly engage 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 92 registrants who account for 

practically 100 percent of U.S. sorghum 

exports, which for fiscal year (FY) 2005 

totaled approximately 3,138,580 metric 

tons (MT). While most of the 89 

registrants are large businesses, we 

assume some may be small. 

GIPSA determined that this final rule 

will not have a significant economic 

impact on a substantial number of small 

entities, as defined in the Regulatory 

Flexibility Act. 

Paperwork Reduction Act 

Pursuant to the Paperwork Reduction 

Act of 1995, the existing information 

collection requirements are approved 

under OMB Number 0580–0013. No 

additional collection or recordkeeping 

requirements are imposed on the public 

by this final rule. Accordingly, OMB 

clearance is not required by section 

350(h) of the Paperwork Reduction Act, 

44 U.S.C. 3501 et seq., or OMB’s 

implementing regulation at 5 CFR part 

1320. 

E-Government Compliance 

We are 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. 

Executive Order 12988 

Executive Order 12988, Civil Justice 

Reform, instructs each executive agency 

to adhere to certain requirements in the 

development of new and revised 

regulations in order to avoid unduly 

burdening the court system. The final 

rule was reviewed under this Executive 

Order and no additional related 

information has been obtained since 

then. This final rule is not intended to 

have a retroactive effect. The United 

States Grain Standards 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 USGSA. Otherwise, this 

final rule will not preempt any State or 

local laws, regulations, or policies, 

unless they present any irreconcilable 

conflict with this rule. There are no 

administrative procedures which must 

be exhausted prior to any judicial 

challenge to the provisions of this final 

rule. 

List of Subjects 

7 CFR Part 800 

Administrative practice and 

procedure, Conflict of interests, Exports, 

Freedom of information, Grains, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

7 CFR Part 810 

Exports, Grains. 

■ For reasons set out in the preamble, 7 

CFR parts 800 and 810 are amended as 

follows: 

PART 800—GENERAL REGULATIONS 

■ 1. Revise the authority citation for part 

800 to read as follows: 

Authority: 7 U.S.C. 71–87k. 

■ 2. In § 800.86(c)(2), revise table 15 to 

read as follows: 

§ 800.86 Inspection of shiplot, unit train 

and lash barge grain in single lots. 

* * * * * 

(c) * * * 

(2) * * * 

TABLE 15.—GRADE LIMITS (GL) AND BREAKPOINTS (BP) FOR SORGHUM

Grade 

Minimum test 

weight per 

bushel 

(pounds) 

Maximum limits of— 

Damaged kernels 

Broken kernels and foreign 

material 

Heat-damaged 

(percent) 

Total 

(percent) 

Total 

(percent) 

Foreign 

material 

(percent) 

GL BP GL BP GL BP GL BP GL BP 

U.S. No. 1 ............................................................................ 57.0 ¥0.4 0.2 0.1 2.0 1.1 3.0 0.5 1.0 0.4 

U.S. No. 2 ............................................................................ 55.0 ¥0.4 0.5 ¥0.4 5.0 1.8 6.0 0.6 2.0 0.5 

U.S. No. 3 1 .......................................................................... 53.0 ¥0.4 1.0 0.5 10.0 2.3 8.0 0.7 3.0 0.6 

U.S. No. 4 ............................................................................ 51.0 ¥0.4 3.0 0.8 15.0 2.8 10.0 0.8 4.0 0.7 

1Sorghum that is distinctly discolored shall be graded not higher than U.S. No. 3. 

* * * * * 

PART 810—OFFICIAL UNITED STATES 

STANDARDS FOR GRAIN 

■ 3. Revise the authority citation for part 

810 to read as follows: 

Authority: 7 U.S.C. 71–87k. 

■ 4. In § 810.102, revise paragraph (d) to 

read as follows: 

§ 810.102 Definition of other terms. 

* * * * * 

(d) Test Weight per bushel. The 

weight per Winchester bushel (2,150.42 

cubic inches) as determined using an 

approved device according to 

procedures prescribed in FGIS 

instructions. Test weight per bushel in 

the standards for corn, mixed grain, 

oats, sorghum, and soybeans is 

determined on the original sample. Test 

weight per bushel in the standards for 

barley, flaxseed, rye, sunflower seed, 

triticale, and wheat is determined after 

mechanically cleaning the original 

sample. Test weight per bushel is 

recorded to the nearest tenth pound for 

corn, rye, sorghum, soybeans, triticale, 

and wheat. Test weight per bushel for 

all other grains, if applicable, is 

recorded in whole and half pounds with 

a fraction of a half pound disregarded. 

Test weight per bushel is not an official 

factor for canola. 

* * * * * 

■ 5. In § 810.1402, revise paragraphs 

(c)(1) through (c)(3) and (h) to read as 

follows: 

§ 810.1402 Definition of other terms. 

* * * * * 

(c) * * * 

(1) Sorghum. Sorghum which lacks a 

pigmented testa (subcoat) and contains 

less than 98.0 percent White sorghum 

and not more than 3.0 percent Tannin 

sorghum. The pericarp color of this 

class may appear white, yellow, red, 

pink, orange or bronze. 


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Federal Register / Vol. 72, No. 139 / Friday, July 20, 2007 / Rules and Regulations 39733 

(2) Tannin sorghum. Sorghum which 

has a pigmented testa (subcoat) and 

contains not more than 10 percent of 

kernels without a pigmented testa. 

(3) White sorghum. Sorghum which 

lacks a pigmented testa (subcoat) and 

contains not less than 98.0 percent 

kernels with a white pericarp, and 

contains not more than 2.0 percent of 

sorghum of other classes. This class 

includes sorghum containing spots that, 

singly or in combination, cover 25.0 

percent or less of the kernel. 

* * * * * 

(h) Nongrain sorghum. Seeds of 

broomcorn, Johnson-grass, Sorghum 

almum Parodi, and sudangrass; and 

seeds of Sorghum bicolor (L.) Moench 

that appear atypical of grain sorghum. 

* * * * * 

■ 6. Revise § 810.1404 to read as 

follows: 

§ 810.1404 Grades and grade requirements 

for sorghum. 

Grading factors 

Grades U.S. Nos. 1

1 2 3 4 

Minimum pound limits of 

Test weight per bushel ............................................................................................................................................ 57.0 55.0 53.0 51.0 

Maximum percent limits of 

Damaged kernels: 

Heat (part of total) ............................................................................................................................................ 0.2 0.5 1.0 3.0 

Total ........................................................................................................................................................... 2.0 5.0 10.0 15.0 

Broken kernels and foreign material: 

Foreign material (part of total) .......................................................................................................................... 1.0 2.0 3.0 4.0 

Total ........................................................................................................................................................... 3.0 6.0 8.0 10.0 

Maximum count limits of 

Other material: 

Animal filth ........................................................................................................................................................ 9 9 9 9 

Castor beans ............................................................................................................................................. 1 1 1 1 

Crotalaria seeds ........................................................................................................................................ 2 2 2 2 

Glass ......................................................................................................................................................... 1 1 1 1 

Stones 2 ..................................................................................................................................................... 7 7 7 7 

Unknown foreign substance ...................................................................................................................... 3 3 3 3 

Cockleburs ................................................................................................................................................. 7 7 7 7 

Total 3 ........................................................................................................................................................ 10 10 10 10 

U.S. Sample grade is sorghum that: 

(a) Does not meet the requirements for U.S. Nos. 1, 2, 3, or 4; or 

(b) Has a musty, sour, or commercially objectionable foreign odor (except smut odor); or 

(c) Is badly weathered, heating, or distinctly low quality. 

1Sorghum which is distinctly discolored shall not grade higher than U.S. No. 3. 

2Aggregate weight of stones must also exceed 0.2 percent of the sample weight. 

3 Includes any combination of animal filth, castor beans, crotalaria seeds, glass, stones, unknown foreign substance or cockleburs. 

David R. Shipman, 

Acting Administrator, Grain Inspection, 

Packers and Stockyards Administration. 

[FR Doc. 07–3554 Filed 7–19–07; 8:45 am] 

BILLING CODE 3410–KD–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 171 

Annual Fees for Reactor Licenses and 

Fuel Cycle Licenses and Materials 

Licenses, Including Holders of 

Certificates of Compliance, 

Registrations, and Quality Assurance 

Program Approvals and Government 

Agencies Licensed by the NRC 

CFR Correction 

In Title 10 of the Code of Federal 

Regulations, Parts 51 to 199, revised as 

of January 1, 2007, in § 171.16, on page 

742, paragraph (e) is reinstated to read 

as follows: 

§ 171.16 Annual fees: Materials licensees, 

holders of certificates of compliance, 

holders of sealed source and device 

registrations, holders of quality assurance 

program approvals, and government 

agencies licensed by the NRC. 

* * * * * 

(e) The activities comprising the 

surcharge are as follows: 

(1) LLW disposal generic activities; 

(2) Activities not directly attributable 

to an existing NRC licensee or class(es) 

of licenses (e.g., international 

cooperative safety program and 

international safeguards activities; 

support for the Agreement State 

program; decommissioning activities for 

unlicensed sites; and activities for 

unregistered general licensees); and 

(3) Activities not currently assessed 

licensing and inspection fees under 10 

CFR part 170 based on existing law or 

Commission policy (e.g., reviews and 

inspections of nonprofit educational 

institutions and reviews for Federal 

agencies; activities related to 

decommissioning and reclamation; and 

costs that would not be collected from 

small entities based on Commission 

policy in accordance with the 

Regulatory Flexibility Act, 5 U.S.C. 601 

et seq.). 

[FR Doc. 07–55509 Filed 7–19–07; 8:45 am] 

BILLING CODE 1505–01–D 


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