[Federal Register Volume 76, Number 192 (Tuesday, October 4, 2011)]
[Proposed Rules]
[Page 61287]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25468]


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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.

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Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / 
Proposed Rules

[[Page 61287]]



DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration

7 CFR Part 810


Request for Public Comment on the United States Standards for 
Barley

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

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: The Department of Agriculture's (USDA) Grain Inspection, 
Packers and Stockyards Administration (GIPSA) is reviewing the United 
States (U.S.) Standards for Barley under the United States Grain 
Standards Act (USGSA). To ensure that standards and official grading 
practices remain relevant, GIPSA invites interested parties to comment 
on whether the current barley standards and grading practices need to 
be changed.

DATES: Comments must be received on or before January 3, 2012.

ADDRESSES: You may submit your written or electronic comments on this 
notice to:
     Internet: Go to http://www.regulations.gov and follow the 
on-line instruction for submitting comments.
     Mail: Dexter Thomas, GIPSA, USDA, 1400 Independence 
Avenue, SW., Room 2530-S, Washington, DC 20250-3642.
     Fax: (202) 690-2173.
    All comments will become a matter of public record and should be 
identified as ``U.S. barley standards ANPR comments,'' making reference 
to the date and page number of this issue of the Federal Register. All 
comments received become the property of the Federal government, are a 
part of the public record, and will generally be posted to http://www.regulations.gov without change. If you send an e-mail comment 
directly to GIPSA without going through http://www.regulations.gov, or 
you submit a comment to GIPSA via fax, the originating e-mail address 
or telephone number will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. Also, all personal identifying information (for 
example, name, address, etc.) voluntarily submitted by the commenter 
may be publicly accessible. Do not submit confidential business 
information or otherwise sensitive or protected information.
    Electronic submissions should avoid the use of special characters, 
avoid any form of encryption, and be free of any defects or viruses, 
since these may prevent GIPSA from being able to read and understand, 
and thus consider your comment.
    All comments will also be available for public inspection at the 
above address during regular business hours (7 CFR 1.27(b)). Please 
call the GIPSA Management and Budget Services staff (202) 720-7486 for 
an appointment to view the comments.

FOR FURTHER INFORMATION CONTACT: Patrick McCluskey at GIPSA, USDA, 
10383 N. Ambassador Dr., Kansas City, MO 64153; Telephone (816) 659-
8403; Fax Number (816) 872-1258; e-mail Patrick.J.McCluskey@usda.gov.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This rule 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 (OMB).

Background

    Under the authority of the USGSA (7 U.S.C. 76), GIPSA establishes 
standards for barley and other grains regarding kind, class, quality 
and condition. The barley standards, established by USDA on August 24, 
1926, were last revised in 1997 and appear in the USGSA regulations at 
7 CFR 810.201-810.207. The standards facilitate barley marketing and 
define U.S. barley quality in the domestic and global marketplace. The 
standards define commonly used industry terms; contain basic principles 
governing the application of standards, such as the type of sample used 
for a particular quality analysis; specify grades, grade requirements, 
special grades and special grade requirements, such as garlicky barley 
and blighted barley. Official procedures for determining grading 
factors are provided in GIPSA's Grain Inspection Handbook, Book II, 
Chapter 2, ``Barley,'' which also includes standardized procedures for 
additional quality attributes not used to determine grade, such as 
dockage and moisture content. Together, the grading standards and 
testing procedures allow buyers and sellers to communicate quality 
requirements, compare barley quality using equivalent forms of 
measurement and assist in price discovery.
    GIPSA's grading and inspection services are provided through a 
network of Federal, State, and private laboratories that conduct tests 
to determine the quality and condition of barley. These tests are 
conducted in accordance with applicable standards using approved 
methodologies and can be applied at any point in the marketing chain. 
Furthermore, the tests yield rapid, reliable and consistent results. In 
addition, GIPSA-issued certificates describing the quality and 
condition of graded barley are accepted as prima facie evidence in all 
Federal courts. U.S. barley standards and the affiliated grading and 
testing services offered by GIPSA verify that a seller's barley meets 
specified requirements, and ensure that customers receive the quality 
of barley they purchased.
    In order for U.S. standards and grading procedures for barley to 
remain relevant, GIPSA is issuing this advance notice of proposed 
rulemaking to invite interested parties to submit comments, ideas, and 
suggestions on all aspects of the U.S. barley standards and inspection 
procedures.

    Authority: 7 U.S.C. 71-87k.

J. Dudley Butler,
Administrator, Grain Inspection, Packers and Stockyards Administration.
[FR Doc. 2011-25468 Filed 10-3-11; 8:45 am]
BILLING CODE 3410-KD-P