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.

Proposed Rules Federal Register

9790

Vol. 60, No. 35

Wednesday, February 22, 1995

DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and

Stockyards Administration

7 CFR Part 810

RIN 0580–AA14

United States Standards for Corn

AGENCY: Grain Inspection, Packers and

Stockyards Administration, USDA.

ACTION: Proposed rule.

SUMMARY: In its periodic review of

existing regulations, the Federal Grain

Inspection Service (FGIS), a program of

the Grain Inspection, Packers and

Stockyards Administration (GIPSA),

proposes to amend the U.S. Standards

for Corn to: Report test weight (TW) to

the nearest tenth of a pound, eliminate

the count limit on stones and reduce the

U.S. Sample grade aggregate weight

tolerance from more than 0.2 percent by

weight to more than 0.1 percent by

weight, and offers stress crack testing as

official criteria. This proposed rule is

intended to facilitate the marketing of

corn.

DATES: Comments must be submitted on

or before April 24, 1995.

ADDRESSES: Written comments must be

submitted to George Wollam, GIPSA,

USDA, Room 0623–S, P.O. Box 96454,

Washington, DC 30090–6454; FAX (202)

720–4628.

All comments received will be made

available for public inspection at Room

0623 South Building, 1400

Independence Avenue, SW.,

Washington, DC during regular business

hours (7 CFR 1.27(b)).

FOR FURTHER INFORMATION CONTACT:

George Wollam, address as above,

telephone (202) 720–0292.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This rule is exempt from Executive

Order 12866 review.

Executive Order 12778

This proposed rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. This action 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 Act. Otherwise, this

proposed 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 rule.

Regulatory Flexibility Act Certification

James Robert Baker, Administrator,

GIPSA, has determined that this

proposed 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.) because 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.

Background

During October 1993, the Federal

Grain Inspection Service (FGIS),

prepared a discussion paper concerning

the U.S. Standards for Corn. This paper

addressed a number of issues relating to

the standards and was distributed

throughout the grain industry. The

paper also served as a starting point for

discussions with producers, trade

associations, processors, handlers, and

merchandisers to better understand

their views on changes needed to

improve existing standards. FGIS

received positive feedback from the

grain industry regarding the corn

discussion paper; and, in fact, numerous

industry representatives suggested that

FGIS continue to develop and distribute

similar documents before amending

other standards.

FGIS received a total of 12 written

comments concerning the discussion

paper: 3 from research associations and

universities, 1 from a producer

organization, 4 from handler and

processor associations, 1 from an

industry consortium, 2 from grain

inspection and weighing associations,

and 1 from a grain company. In addition

to receiving written comments, FGIS

reviewed the corn standards with

representatives of the Iowa Department

of Agriculture, the Grain Quality

Workshops, and other corn-related

associations.

On the basis of all comments and

other available information, FGIS is

proposing three changes to the corn

standards that reflect current market

needs and also serve to improve the

effectiveness of the standards. The

proposed amendments include: (1)

Reporting TW to the nearest tenth of a

pound, (2) eliminating the count limit

on stones and reducing the U.S. Sample

grade aggregate weight tolerance from

more than 0.2 percent by weight to more

than 0.1 percent by weight, and (3)

offering stress crack testing as official

criteria.

Test Weight (TW)

FGIS proposes to revise § 810.102(d)

of the United States Standards for Grain

to report TW in corn to the nearest tenth

of a pound. This change will bring the

reporting requirement for TW into line

with the reporting requirements for

other factors, such as total damaged

kernels and broken corn and foreign

material (BCFM).

This is not the first time that FGIS has

proposed to revise the reporting

requirement for TW in corn. In 1986, (51

FR 35224) to promote greater uniformity

among the grain standards, FGIS

proposed to reformat the grain standards

and solicited comments regarding

certification requirements for factors not

expressed to the nearest tenth. FGIS

proposed to report all percentages

(except ergot) and all TW values to the

nearest tenth. The proposal included

TW in corn which is certified in whole

and half pounds with fractions of a half

pound disregarded.

The majority of commentors who

opposed the proposal indicated that

sufficient data were not available to

determine how a change in reporting

requirements would affect

reproducibility of results—especially for

TW in coarse grains. FGIS decided not

to revise the reporting requirements,

except for dockage in wheat (52 FR

24414). FGIS does offer, upon request,

the recording of TW results to the

nearest tenth pound in the Remarks

section of the grade certificate.
Federal Register / Vol. 60, No. 35 / Wednesday, February 22, 1995 / Proposed Rules 9791

An extensive review of FGIS grain

inspection and monitoring data, which

represent over 4,200 samples, provides

standard deviation values for each of the

mandatory factors across all grade levels

within the corn standards. Standard

deviation is a measure of variation; and

a particular type of standard deviation,

the standard deviation of the difference

(SDD), can be used as a measure of

reproducibility. When a sample is

reanalyzed for a particular factor, the

reproducibility of results improves as

the SDD becomes smaller.

The review of inspection data resulted

in separate SDD values for each grade

level for both domestic and export corn

samples. Only the export SDD values,

however, were calculated from raw TW

data reported to the nearest tenth of a

pound. Comparison of SDD values

between factors will therefore focus on

the export values. For TW, the SDD

value was the same, 0.366, for all grade

levels, thus indicating an insignificant

range and a consistent reproducibility in

TW values across all grade levels. For

damaged kernels total (DKT), the SDD

values ranged from 0.853 to 1.814 for

U.S. Grade Nos. 1 to 5. For BCFM, the

corresponding values ranged from 0.197

to 0.359 for U.S. Grade Nos. 1 to 5. The

range in SDD values reflects the range

in DKT and BCFM levels and the

variance in the reproducibility of results

across grade levels.

The TW SDD values are either close

to or lower than the SDD values for the

other factors when all raw data used in

the calculation of the SDD values had

been reported to the nearest tenth. It can

be inferred from SDD values that the

reporducibility of TW results is similar

to or better than the reproducibility of

DKT and BCFM results. The industry

accepts the current practice of reporting

DKT and BCFM results to the nearest

tenth. Therefore, based on the

comparison of SDD values, the industry

may also find the reporting of TW to the

nearest tenth of a pound acceptable.

Another consideration for the

industry is that virtually all TW results

are currently rounded down. For

example, under the current reporting

method, a scale reading 53.99 pounds

per bushel is certified as 53.5 pounds

per bushel which would meet the TW

grade limit for U.S. No. 3 corn. If the

results, however, were rounded to the

nearest tenth of a pound, the resultant

54.0 pounds per bushel would meet the

grade limit for U.S. No. 2 corn. In

general, the current practice of rounding

down causes TW to almost always be

underrepresented throughout the

marketing channel. Furthermore, the

rounding of TW results to the nearest

tenth of a pound will not significantly

affect the assigned grade, since in most

cases the rounded result will fall within

the grade requirement.

Stones

FGIS proposes to eliminate the count

limit on stones and reduce the aggregate

weight tolerance from more than 0.2

percent by weight to more than 0.1

percent by weight. Stones have a

harmful effect on corn quality and

milling. Several industry representatives

have requested that the count limit on

stones be eliminated and the aggregate

weight tolerance be reduced from more

than 0.2 percent by weight to more than

0.1 percent by weight. The elimination

of the count limit would serve to further

tighten the tolerance of stones by

allowing a smaller number of heavy

stones to downgrade a sample.

Stress Crack Testing

FGIS proposes to offer corn stress

crack (SC) testing as official criteria

under the United States Grain Standards

Act. This testing service will be optional

and FGIS will recover the cost of

providing this service through the

applicable inspection fees as set forth in

section 800.71(a) of the regulations.

Corn kernels which contain stress

cracks tend to break apart, and, as a

result, are undesirable in the corn dry

milling, wet milling, and food

manufacturing processes. In the dry

milling process, cracked kernels yield

lower percentages of large flaking grits

which are the highly valued prime

product (ref. 1). Starch recovery, which

is an essential component of the wet

milling process, is also lower from

kernels possessing numerous stress

cracks. To the food manufacturer, stress

cracks are of concern because of the

adverse effect on soaking which is an

essential component of the

manufacturing process. Some snack

food companies currently limit the

percent of kernels with stress cracks to

values less than 20 percent (ref. 2).

Cracked corn is also more difficult to

store than undamaged corn, since

cracked corn is more readily attacked by

microorganisms and is difficult to aerate

uniformly.

Cracked corn could also contribute to

increased elevator dust levels and, thus,

negatively impact elevator safety.

Commentors addressed the various

detrimental effects of stress cracks and

broken corn, and the majority of

commentors recommended that FGIS

offer stress crack testing as part of the

national inspection service. Due to the

importance of stress crack testing,

GIPSA proposes to offer stress crack

testing, upon request, as official criteria.

GIPSA and the official agencies of the

national inspection system will use the

method recommended by the Illinois

Crop Improvement Association’s

Identity Preserved Grain Lab (IPGL)

which performs stress crack tests on

over 4,000 corn samples per year. FGIS

will use this method because it is costeffective, easy to use, and quick.

As described by the IPGL, stress crack

tests are performed on random

subsamples of 100 kernels. The kernels

are inspected visually on a back lighting

lightboard and separated into four

categories: no or zero stress cracks, and

more than two or multiple stress cracks.

The percentage of kernels falling into

each category is used to calculate the

percentage of stress cracks and a stress

crack index as follows:

% TSC = [% single SC + % double SC

+ % multiple SC]

SCI = [(% single SC) + (% double SC ×

3) + (% multiple SC × 5)]

where SC = stress cracks, SCI = stress

crack index,

and TSC = total stress cracks

The stress crack index is an indication

of the multiplicity of stress cracks in

each kernel. The weighting factors

indicate that corn kernels with double

and multiple stress cracks are more

susceptible to breakage than kernels

with single stress cracks.

FGIS seeks comments not only on the

proposal to offer stress crack testing as

official criteria but on the reporting

method for results. Since the

information will be readily available,

commentors should address whether the

percentage of stress cracks in each of the

three categories, single, double, and

multiple, should, be reported. If no

comments are received on the reporting

method, FGIS will report only the total

percent of stress cracks and the stress

crack index.

Miscellaneous Changes

FGIS proposes to revise the format of

the grade chart in § 810.404, Grades and

grade requirements for corn, to improve

the readability of the grade chart.

Proposed Action

FGIS proposes to revise § 810.102,

Definition of other terms, by revising

section (d), Test weight per bushel. It is

proposed that TW in corn be reported to

the nearest tenth of a pound.

FGIS proposes to revise § 810.404,

Grades and grade requirements for corn,

by revising the definition of U.S.

Sample grade by eliminating the count

limit on stones and reducing the

aggregate weight criteria from more than

0.2 percent by weight to more than 0.1

percent by weight.

Comments including data, views, and

arguments are solicited from interested
9792 Federal Register / Vol. 60, No. 35 / Wednesday, February 22, 1995 / Proposed Rules

persons. Pursuant to Section 4(b)(1) of

the United States Grain Standards Act,

as amended (7 U.S.C. 76(b)(1)), upon

request, such information concerning

changes to the standards may be orally

presented in an informal manner. Also,

pursuant to this section, no standards

established or amendments or

revocations of standards are to become

effective less than one calendar year

after promulgation unless, in the

judgement of the Administrator, the

public health, interest, or safety require

that they become effective sooner.

References

(1) Reid, J.F., Kim, C., and Paulsen, M.R.

1991, ‘‘Computer Vision Sensing of

Stress Cracks in Corn Kernels’’ ASAE,

Sept/Oct, v.34 p. 8–9.

(2) Stroshine, R. 1991, ‘‘Breakage

Susceptibility Technology, Uniformity

by 2000,’’ Scherer communications,

Urbana. p. 410–416.

List of Subjects in 7 CFR Part 810

Exports, Grain.

For reasons set out in the preamble,

7 CFR Part 810 is proposed to be

amended as follows:

PART 810—OFFICIAL UNITED STATES

STANDARDS FOR GRAIN

1. The authority citation for Part 810

continues to read as follows:

Authority: Pub. L. 94–582, 90 Stat. 2867,

as amended (7 U.S.C. 71 et seq.).

2. Section 810.102(d) is revised to

read as follows:

§ 810.102 Definition of other terms.

* * * * *

(d) Test-weight. 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 in the

standards for corn, mixed grain, oats,

sorghum, and soybeans is determined

on the original sample. Test-weight in

the standards for barley, flaxseed, rye,

sunflower seed, triticale, and wheat is

determined after mechanically cleaning

the original sample. Test-weight is

recorded to the nearest tenth pound for

corn, rye, triticale, and wheat. Testweight for all other grains, if applicable,

is recorded in whole and half pounds

with a fraction of a half pound

disregarded. Test-weight is not an

official factor for canola.

* * * * *

3. Section 810.404 is revised to read

as follows:

§ 810.404 Grades and grade requirements

for corn.

Grading factors

Grades U.S. Nos.

1 2 3 4 5

Maximum limits of:

Test Weight (lbs/bu) ................................................................................. 56.0 54.0 52.0 49.0 46.0

Maximum percent limits of:

Damaged kernels Heat (part of total) ....................................................... 0.1 0.2 0.5 1.0 3.0

Total ............................................................................................... 3.0 5.0 7.0 10.0 15.0

Broken corn and foreign material ............................................................. 2.0 3.0 4.0 5.0 7.0

Animal filth ................................................................................................ 0.2 0.2 0.2 0.2 0.2

Stones ...................................................................................................... 0.1 0.1 0.1 0.1 0.1

Maximum count limits of:

Other materials:

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

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

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

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

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

U.S. Sample grade:

U.S. Sample grade is corn that:

(a) Does not meet the requirements for the grades U.S. Nos,

1, 2, 3, 4, or 5; or

(b) Has a musty, sour, or commercially objectionable foreign

odor; or

(c) Is heating or otherwise of distinctly low quality.

Harold W. Davis,

Acting Administrator, Grain Inspection,

Packers and Stockyards Administration.

[FR Doc. 95–4183 Filed 2–21–95; 8:45 am]

BILLING CODE 3410–EN–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 94–ANE–41]

Airworthiness Directives; General

Electric Company CF6 Series Turbofan

Engines

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to

General Electric Company (GE) CF6–

80A series turbofan engines. This

proposal would require an initial and

repetitive on-wing eddy current

inspection or an on-wing spot

fluorescent penetrant inspection of the

compressor rear frame (CRF) midflange

for cracks, and replacement, if