`[Federal Register Volume 70, Number 219 (Tuesday, November 15, 2005)]
[Rules and Regulations]
[Pages 69249-69250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22586]



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 Rules and Regulations
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  Federal Register / Vol. 70, No. 219 / Tuesday, November 15, 2005 / 
Rules and Regulations  

[[Page 69249]]



DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration

7 CFR Part 868

RIN 0580-AA89


Review Inspection Requirements for Graded Commodities

AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Grain Inspection, Packers and Stockyards Administration 
(GIPSA) is amending the regulations under the United States 
Agricultural Marketing Act of 1946 (AMA), as amended, to allow 
interested persons to specify the quality factor(s) that would be 
redetermined during an appeal inspection or a Board appeal inspection 
for grade. Currently, both appeal and Board appeal inspections for 
grade must include a redetermination (i.e., a complete review or 
examination) of all official factors that may determine the grade, as 
reported on the original certificate, or as required to be shown. 
Requiring that all quality factors be completely reexamined during an 
appeal or Board appeal inspection for grade is not efficient, is time 
consuming, and can be costly. Further, a detailed review of the 
preceding inspection service is not always needed to confirm the 
quality of the commodity. This action will allow interested parties to 
specify which quality factor(s) should be redetermined during the 
appeal or Board appeal inspection service.

DATES: Effective Dates: December 15, 2005.

FOR FURTHER INFORMATION CONTACT: John C. Giler, Deputy Director, Field 
Management Division: e-mail address john.c.giler&usda.gov, telephone: 
(202) 720-1748.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This action has been determined to be not significant for purpose 
of Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget (OMB). This action simplifies the 
regulations concerning official requirements for commodity inspections. 
This action reduces cost to the affected entities.

Regulatory Flexibility Act Certification

    GIPSA has considered the economic impact of this rule on small 
entities and has determined that its provision would not have a 
significant economic impact on a substantial number of small entities, 
as defined in the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et 
seq.).
    The action will affect entities engaged in shipping graded 
commodities to and from points within the United States and exporting 
graded commodities from the United States. GIPSA estimates there are 
approximately 2,500 rice mills, and bean, pea, and lentil processing 
plants in the United States that could receive official inspection 
services by GIPSA, designated/delegated states, and cooperators. 
Inspections of graded commodities are performed by eight GIPSA offices, 
one Federal/State office, and six designated States which operate under 
cooperative agreements and under GIPSA supervision. Under the 
provisions of the AMA, it is not mandatory for graded commodities to be 
officially inspected. Further, most users of the official inspection 
services and those entities that perform these services do not meet the 
requirements of small entities. Even though some users could be 
considered small entities, this action relieves regulatory requirements 
and improves the efficiency of official inspection services. No 
additional cost is expected to result from this action.
    Requiring all appeal inspections and Board appeal inspections for 
grade to include a complete review of all official factors is not 
needed by applicants or other parties to transactions, or by official 
inspection personnel. Furthermore, this requirement often reduces the 
efficiency of providing official inspection services and increases the 
costs.
    This rule relieves regulatory requirements and improves the 
efficiency of official inspection services. Further the regulations are 
applied equally to all entities.

Executive Order 12988

    Under Executive Order 12988, Civil Justice Reform, this action is 
not intended to have a retroactive effect. This action will not preempt 
any State or local laws, regulations, or policies unless they present 
irreconcilable conflict with this rule. There are no administrative 
procedures that must be exhausted prior to any judicial challenge to 
the provisions of this notice.

Information Collection and Recordkeeping Requirements

    In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.), the information collection and recordkeeping 
requirements in Part 868 have been previously approved by OMB No. 0580-
0013.
    GIPSA is committed to compliance with the Government Paperwork 
Elimination Act, which requires Government agencies, in general, to 
provide the public the option of submitting information or transacting 
business electronically to the maximum extent possible.

Background

    On July 7, 2005, GIPSA proposed in the Federal Register (70 FR 
39199) to revise the regulations under the AMA to allow interested 
persons to specify the quality factor(s) that would be redetermined 
during an appeal inspection or a Board appeal inspection for grade. 
This proposal required comments to be received on or before September 
6, 2005. GIPSA had proposed this action because requiring that all 
quality factors be completely reexamined during an appeal or a Board 
appeal inspection is not efficient, is time consuming, and can be 
costly. Further, a detailed review of the preceding inspection service 
is not always needed to confirm the quality of the commodity. GIPSA 
proposed that applicants for service be allowed to specify the 
factor(s) that are to be redetermined as part of an appeal or Board 
appeal inspection service for grade because it provides a more 
effective and more efficient inspection service and better meets the 
industry's needs. However, appeal and board appeal inspections for 
grade may include a review of any pertinent

[[Page 69250]]

factor(s), as deemed necessary by official personnel. This would ensure 
issuance of an accurate grade.

 Comment Review

    GIPSA received no comments during the comment period.

Final Action

    Accordingly, GIPSA is revising 7 CFR 868.1 to redefine the 
definitions of appeal and Board appeal inspection services, and 
revising the regulatory text in 7 CFR 868.60 to revise the conditions 
for requesting appeal and Board appeal inspection services.

List of Subjects in 7 CFR Part 868

    Administrative practice and procedure, Agricultural commodities.


0
For reasons set out in the preamble, 7 CFR part 868 is proposed to be 
amended as follows:

PART 868--GENERAL REGULATIONS AND STANDARDS FOR CERTAIN 
AGRICULTURAL COMMODITIES

0
1. The authority citation for part 868 continues to read as follows:

    Authority: Secs. 202-208, 60 Stat. 1087, as amended (7 U.S.C. 
1621, et seq.)


0
2. Section 868.1, paragraphs (b)(3), and (b)(6) are revised to read as 
follows:


Sec.  868.1  Meaning of terms.

* * * * *
    (b) * * *
    (3) Appeal inspection service. A review by the Service of the 
result(s) of an original inspection or retest inspection service.
* * * * *
    (6) Board appeal inspection service. A review by the Board of 
Appeals and Review of the result(s) of an original inspection or appeal 
inspection service on graded commodities.
* * * * *

0
3. Section 868.60, paragraph (b) and the OMB citation at the end of the 
section are revised to read as follows:


Sec.  868.60  Who may request appeal inspection service.

* * * * *
    (b) Kind and scope of request. When the results for more than one 
kind of service are reported on a certificate, an appeal inspection or 
Board appeal inspection service, as applicable, may be requested on any 
or all kinds of services reported on the certificate. The scope of an 
appeal inspection service will be limited to the scope of the original 
inspection or, in the case of a Board appeal inspection service, the 
original or appeal inspection service. A request for appeal inspection 
of a retest inspection will be based upon the scope of the original 
inspection. If the request specifies a different scope, the request 
shall be dismissed. Provided, however, that an applicant for service 
may request an appeal or Board appeal inspection of specific factor(s) 
or official grade and factors. In addition, appeal and Board appeal 
inspection for grade may include a review of any pertinent factor(s), 
as deemed necessary by official personnel.

(Approved by the Office of Management and Budget under control 
number 0580-0013).

James E. Link,
Administrator, Grain Inspection, Packers and Stockyards Administration.
[FR Doc. 05-22586 Filed 11-14-05; 8:45 am]
BILLING CODE 3410-EN-M`