[Federal Register Volume 78, Number 140 (Monday, July 22, 2013)]
[Rules and Regulations]
[Pages 43753-43758]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17452]


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DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration

7 CFR Part 800

RIN 580-AB15


Inspection and Weighing of Grain in Combined and Single Lots

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

ACTION: Final rule.

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SUMMARY: The Department of Agriculture (USDA), Grain Inspection, 
Packers and Stockyards Administration (GIPSA) is amending the 
regulations that cover the official grain inspection and weighing 
service procedures that GIPSA's Federal Grain Inspection Service (FGIS) 
performs under the authority of the United States Grain Standards Act 
(USGSA), as amended. Specifically, GIPSA is amending the regulations 
issued under the USGSA pertaining to grain exported in large reusable 
containers typically loaded onto export ships. In this final rule, 
GIPSA will add new definitions for ``composite'' and ``average'' 
grades, limit the number of containers that may be averaged or combined 
to form a single lot, restrict the inspection and weighing of container 
lots to the official service provider's area of responsibility, specify 
a 60-day retention period for file samples representing such container 
lots, make consistent the weighing certification procedures for 
container lots with those for inspection certification procedures, and 
make other miscellaneous changes. GIPSA believes that these revisions 
will help facilitate the marketing of U.S. grain shipped for export.

DATES: Effective September 20, 2013.

FOR FURTHER INFORMATION CONTACT: Robert Lijewski, Director, USDA, 
GIPSA, Field Management Division, 1400 Independence Avenue SW., Room 
2409-S, Washington, DC 20250-3630, phone (202) 720-0224.

SUPPLEMENTARY INFORMATION:

Background

    The United States Grain Standards Act (USGSA) (7 U.S.C. 71-87k), as 
amended, provides an official inspection system that facilitates the 
marketing of grain in domestic and international markets. The Secretary 
of Agriculture (Secretary) is authorized by the USGSA to establish 
standards of kind, class, quality, and condition for various grains and 
to establish standards or procedures for accurate weighing and weight 
certification and controls, including safeguards over equipment 
calibration and maintenance, for grain shipped in interstate or foreign 
commerce. Additionally, the Secretary can amend or revoke these 
standards or procedures as needed in order to adjust to current 
industry needs and practices. Under authority delegated by the 
Secretary, GIPSA is authorized to establish and maintain regulations 
that cover the inspection and weighing of grain under the USGSA.
    Grain exported in large reusable containers has grown considerably 
in the past 5 years to levels that GIPSA believes have far exceeded 
grain industry expectations. Increased exports of containerized grain 
have, in turn, increased the demand for USDA grain inspection services 
provided by FGIS and its official grain export service providers. While 
the overall market share for U.S. export grain shipped in large 
reusable containers has grown rapidly, USGSA regulations (7 CFR part 
800) for export grain shipments have focused primarily on the 
inspection and grading of grain exported in shiplots, unit trains, and 
lash barges--not on grain exported in multiple large reusable 
containers that are considered collectively as a single lot.
    The last amendments to these sections of the USGSA regulations 
occurred in 1980 (45 FR 15810) when grain was not typically exported in 
large reusable containers but was exported in ships,

[[Page 43754]]

unit trains, and lash barges. In recent years, however, demand has 
increased for grain that is exported in large reusable containers, 
which enables buyers and sellers to negotiate contract terms that 
specify the exact quantity and quality of grain to be delivered. 
Typically, the industry uses large reusable containers that may be 20 
feet or 40 feet in length, 8'0'' or 8'6'' in width, and 8'6'' or 9'6'' 
in height to transport bulk or sacked grain. Large reusable containers 
are usually a metal truck/trailer body that can be detached from the 
chassis for loading into a vessel, a railcar, or stacked in a container 
depot. Sales contracts usually cover multiple container parcels known 
as ``bookings'' (i.e., grain in multiple large reusable containers that 
may be from different sources but are sold under a single sales 
contract and a single certificate) that are shipped to multiple end 
users, but collectively are considered a single lot. Unless exempted 
from official inspection and weighing requirements, a sales contract 
must stipulate that the overall quality in a booking meets an official 
USDA grade standard. Accordingly, export grain sellers often request 
that GIPSA combine inspection results from the individual containers 
and issue one official inspection certificate for the booking.
    In the July 18, 2011 Federal Register (76 FR 42067), GIPSA 
requested comments to a proposed rule which proposed amendments to the 
regulations. GIPSA received comments from 10 stakeholders during the 
60-day comment period, which fall into four general categories.

Discussion of Comments and Final Action

    Commenters urged GIPSA to establish a larger maximum single lot 
size greater than the proposed size of 20 large reusable containers for 
average grade analysis or composite grade analysis. Four commenters 
urged GIPSA to establish a single lot size of 50 large reusable 
containers, while two commenters requested GIPSA to establish a single 
lot size of 60 large reusable containers. GIPSA also received three 
comments requesting that a maximum single lot size of 1,500 metric tons 
be adopted. Commenters also stated that the proposed regulations were 
disadvantageous to the shipper because they would increase delivery 
time as well as costs and make it more difficult to meet the contract 
grade. GIPSA considers 20 large reusable containers as equivalent in 
volume to the other types of land carriers (e.g. five railcars and 15 
trucks) currently combined or averaged to achieve a single grade 
according to written instructions. Further, GIPSA believes that a 
maximum of 20 large reusable containers would ensure quality and 
uniformity within each single lot of grain that is inspected. 
Therefore, GIPSA is making no change to the final rule based on the 
above comments.
    GIPSA received comments from ten commenters representing a broad 
cross section of grain exporters and the containerized shipping 
industry regarding the proposed reasonably continuous loading 
requirement. GIPSA did not receive any comments from international 
importers of containerized grain shipments in response to the proposed 
rule. Five commenters questioned the selection of 88 hours and 
suggested a longer limitation, two commenters stated that the market 
should and does control the timeliness of loading, two commenters 
requested clarification of the proposed rule, and one commenter said 
the rule would impose excessive costs and make it more difficult for 
shippers to meet contracted quality requirements.
    The proposed requirement that the loading of grain in single lots 
be done in a reasonably continuous operation imposes a limit of 88 
hours on the amount of down time that can occur while a lot is being 
loaded. The term ``reasonably continuous operation ``is defined in 
current regulations (7 CFR 800.0). The applicability of 88 hours of 
down time follows established time limits already in the USGSA 
regulations for shiplots, unit trains, and lash barges. This final rule 
allows for breaks in loading the lot at the particular location for up 
to 88 hours. Furthermore, this requirement does not state that all 
containers in a lot must be loaded in the 88-hour time frame, but only 
stipulates that the loading of the lot must be reasonably continuous, 
with no consecutive break in loading to exceed 88-hours.
    Five commenters suggested that GIPSA allow for a longer period of 
inactivity, ranging from 5 to 7 days. The commenters cited the 
inconsistent nature of the container shipping business, and the 
difficulty to obtain empty containers to load and the equipment to load 
them. GIPSA believes that applying a reasonably continuous loading 
requirement to containers will help to maintain overall quality and 
uniformity throughout the lot.
    Commenters also mentioned that the marketplace demands currently in 
place mandate that containers be loaded as quickly as possible. The 88-
hour requirement as proposed promotes the overall uniform quality in 
the official system by aligning single lot container shipments with 
existing regulations for ships, unit trains, and lash barges, where 
there are also market-driven forces to incentivize timely loading of 
grain shipments. GIPSA believes that imposing a reasonably continuous 
loading requirement will not place an undue burden on exporters as 
reflected in the current regulations for ships, unit trains, and lash 
barges, and will enhance the quality of grain shipped in large reusable 
containers. Therefore, GIPSA will make no change to the final rule 
based on the above comments.
    GIPSA proposed restricting the inspection and weighing of large 
reusable container lots to the official service provider's area of 
responsibility. Two commenters stated that the requirement of having 
grain inspected, weighed, and certified in a particular geographic area 
by a single official service provider is too restrictive. Three 
commenters stated this would hurt smaller exporters as they would be 
prevented from drawing containers from different areas to make up a 
booking.
    Section 800.81(d) restricts original and reinspection services 
performed by official personnel to specific areas of responsibility as 
defined by the Secretary. This final rule will permit the shipper to 
combine up to 20 large reusable containers in a single lot from 
different locations within the official service provider's area of 
responsibility. Furthermore, this is consistent with the current 
designation requirements applicable to official service providers that 
perform inspection and weighing services on unit trains and lash barges 
and therefore should not adversely affect small entities. Additional 
single lots comprised of a maximum of 20 large reusable containers of 
the same grade from other official service providers' territories will 
be permitted to be combined together on a single certificate using 
combined lot procedures outlined in Sec.  800.85 of the regulations. 
GIPSA believes the use of combined lot procedures will help to ensure 
the overall quality and uniformity of the booking. Accordingly, GIPSA 
is making no change to the final rule based on the above comments.
    One comment was received on GIPSA's proposed 60-day retention 
period for file samples representing large reusable container lots. The 
commenter proposed a 90-day file sample retention period due to 
potential extended transit times of export containers. GIPSA believes 
that establishing a minimum file sample retention period of 60 days is 
reasonable and consistent with current written instructions for export 
containers.

[[Page 43755]]

Furthermore, Sec.  800.152(c) provides for special retention periods. 
No other comments were received regarding the other amendments to the 
table at Sec.  800.152(b). Accordingly, GIPSA is making no change to 
the final rule based on this comment.
    Finally, GIPSA received no comments regarding its proposed addition 
of definitions for the terms ``composite grade'' and ``average grade'' 
in Sec.  800.0 of the USGSA regulations. Additionally, GIPSA received 
no comments regarding the proposed change of the word ``shall'' to 
``must'', and ``certificated'' to ``certified'', or other miscellaneous 
changes made throughout part 800. Therefore, GIPSA will amend 7 CFR 
part 800 as proposed.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been determined to be not significant for the 
purposes of Executive Order 12866 and, therefore, has not been reviewed 
by the Office of Management and Budget (OMB).
    Pursuant to the requirements set forth in the Regulatory 
Flexibility Act (RFA) (5 U.S.C. 601-612), GIPSA has considered the 
economic impact of this action on small entities. The purpose of the 
RFA is to fit regulatory actions to the scale of businesses subject to 
such actions in order that small businesses will not be unduly or 
disproportionately burdened.
    Under the provisions of the USGSA, grain exported from the U.S., 
unless exempted, must be officially inspected and weighed. Mandatory 
inspection and weighing services are provided by GIPSA at 47 export 
facilities and by delegated States at 17 facilities, and seven 
facilities for U.S. grain transshipped through Canadian ports. All of 
these facilities are owned by multi-national corporations, large 
cooperatives, or public entities that do not meet the requirements for 
small entities established by the Small Business Administration (SBA). 
Furthermore, the USGSA (7 U.S.C. 87f-1) and regulations issued under 
the USGSA are applied equally to all entities. The USGSA requires the 
registration of all persons engaged in the business of buying grain for 
sale in foreign commerce. In addition, those persons who handle, weigh, 
or transport grain for sale in foreign commerce must also register. 
Section 800.30 of the USGSA regulations (7 CFR 800.30) defines a 
foreign commerce grain business as any person who regularly engages 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 113 registered grain exporters. While most 
of the 113 registrants are large businesses, we believe that some may 
be small.
    The SBA defines small businesses by their North American Industry 
Classification System Codes (NAICS).\1\ The SBA defines small grain 
exporters in its regulations (13 CFR 121.201) as entities having less 
than $7,000,000 in average annual receipts (NAICS code 115114). Small 
grain exporters that export less than 15,000 metric tons per year are 
exempt from the mandatory inspection and weighing requirements under 
Sec.  800.18 of the USGSA regulations (7 CFR 800.18). This ``waiver'' 
was established to provide economic relief to small grain exporter 
businesses from inspection and weighing requirements without impairing 
the objectives of the USGSA.
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    \1\ See: http://www.sba.gov/idc/groups/public/documents/sba_homepage/serv_sstd_tablepdf.pdf.
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    This final rule will revise the regulations regarding procedures 
for official export grain inspection and weighing services performed 
under the authority of the USGSA. The final rule will also amend the 
USGSA regulations for grain shipped in large reusable containers for 
export; add new definitions for ``composite'' and ``average'' grades 
for grain in multiple large reusable containers certified on one 
certificate; limit the number of large reusable containers that would 
be averaged or combined in a single lot; restrict the inspection and 
weighing of large reusable container lots to the official service 
provider's area of responsibility to align large reusable containers 
with other shipments of grain; specify a 60-day retention period for 
file samples representing large reusable container lots; and align 
weighing certification procedures for large reusable container lots 
with those for inspection certification procedures.
    There will be no additional reporting or record keeping 
requirements imposed upon either large or small entities as a result of 
this final rule. GIPSA has not identified any other Federal rules which 
may duplicate, overlap or conflict with this proposed rule. Given the 
forgoing discussion, GIPSA has therefore determined that this final 
rule will not have a significant economic impact on a substantial 
number of small entities as defined in the RFA.

Executive Order 12988

    This final rule was reviewed under Executive Order 12988, Civil 
Justice Reform. This action is not intended to have retroactive effect. 
The USGSA provides in section 87g (7 U.S.C. 87g) that no subdivision 
may require or impose any requirements or restrictions concerning the 
inspection, weighing, or description of grain under the USGSA. 
Otherwise, this rule will not preempt any State or local laws, or 
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.

Executive Order 13175

    This final rule was reviewed with the requirements of Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments. This rule will not have substantial and direct effects on 
Tribal governments and will not have significant Tribal implications.

Paperwork Reduction Act

    In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501-3520), the information collection and recordkeeping requirements 
in Part 800 were approved by Office of Management and Budget under 
Control No. 0580-0013 on October 23, 2011, and expire October 31, 2014.

E-Government Compliance

    GIPSA is 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.

List of Subjects in 7 CFR Part 800

    Administrative practice and procedure, exports, grains, reporting 
and recordkeeping requirements.
    For the reasons set out in the preamble, GIPSA will amend 7 CFR 
part 800 as follows:

PART 800--GENERAL REGULATIONS

0
1. The authority citation for part 800 would continue to read as 
follows:

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


0
2. Amend Sec.  800.0(b) by removing the numerical paragraph 
designations (1) through (107) and adding in alphabetical order, 
definitions for ``average grade'' and ``composite grade'' to read as 
follows:


Sec.  800.0  Meaning of terms.

* * * * *
    (b) * * *
    Average grade. Multiple carrier units or sublots that are graded 
individually then averaged to form a single lot inspection.
* * * * *

[[Page 43756]]

    Composite grade. Multiple samples obtained from the same type of 
carriers (e.g., trucklots, containers) that are combined into one 
sample for grade to form a single lot inspection.
* * * * *

0
3. Amend Sec.  800.84 by revising paragraphs (a), (b)(1) and (2), and 
paragraph (c) introductory text to read as follows:


Sec.  800.84  Inspection of grain in land carriers, containers, and 
barges in single lots.

    (a) General. The inspection of bulk or sacked grain loaded or 
unloaded from any carrier or container, except shiplot grain, must be 
conducted in accordance with the provision in this section and 
procedures prescribed in the instructions. Applicant must provide 
written instructions to official personnel, reflecting contract 
requirements for quality and quantity for the inspection of multiple 
carriers graded on a composite grade or average grade basis.
    (b) * * *
    (1) Single grade. When grain in a carrier(s) is/are offered for 
inspection as one lot and the grain is found to be uniform in 
condition, the grain must be sampled, inspected, graded, and certified 
as one lot. For the purpose of this paragraph, condition only includes 
the factors heating and odor.
    (i) Composite grade. Grain loaded in multiple carriers offered for 
inspection may be combined into a single sample for grade analysis and 
certified as a single lot, provided that the grain in each individual 
carrier is inspected and found uniform in respect to odor, condition, 
and insect infestation, and sampling is performed at the individual 
loading location in a reasonably continuous operation. The maximum 
number of individual units that may be combined to form a composite 
grade analysis is 20 containers, 5 railcars, or 15 trucks. Composite 
analysis must be restricted to carriers inspected within the official 
service provider's area of responsibility.
    (ii) Average grade. Grain loaded in multiple carriers offered for 
inspection may be graded individually, then averaged for certification 
as a single lot, provided that: the grain in each individual carrier is 
inspected and graded as an individual unit; the grain is found to be 
uniform in respect to odor, condition, and insect infestation; and 
sampling is performed at the individual loading location in a 
reasonably continuous operation. The maximum number of individual units 
that may be combined to form an average grade analysis is 20 
containers, 5 railcars, or 15 trucks. Average grade analysis is 
restricted to carriers inspected within the official service provider's 
area of responsibility.
    (2) Multiple grade. When grain in a carrier is offered for 
inspection as one lot and the grain is found to be not uniform in 
condition because portions of the grain are heating or have an odor, 
the grain in each portion will be sampled, inspected, and graded 
separately; but the results must be shown on one certificate. The 
certificate must show the approximate quantity or weight of each 
portion, the location of each portion in the carrier or container, and 
the grade of the grain in each portion. The requirements of this 
section are not applicable when an applicant requests that the grade of 
the entire carrier be based on a determination of heating or odor when 
only a portion of the carrier is found to be heating or have an odor.
* * * * *
    (c) One certificate per carrier: exceptions. Except as provided in 
this paragraph, one official certificate must be issued for the 
inspection of the grain in each truck, trailer, truck/trailer(s) 
combination, container, railcar, barge, or similarly-sized carrier, or 
composite/average grade analysis on multiple carrier units. The 
requirements of this paragraph are not applicable:
* * * * *

0
4. Amend Sec.  800.85 by revising paragraphs (b)(1), (c)(1) and (2), 
and (h)(4) and (5) to read as follows:


Sec.  800.85  Inspection of grain in combined lots.

* * * * *
    (b) * * *
    (1) For inspection during loading, unloading, or at rest. 
Applications for official inspection of grain as a combined lot must:
    (i) Be filed in accordance with Sec.  800.116;
    (ii) Show the estimated quantity of grain that is to be certified 
as one lot;
    (iii) Show the contract grade, and if applicable; other inspection 
criteria required by the contract; and
    (iv) Identify each carrier into which grain is being loaded or from 
which grain is being unloaded.
* * * * *
    (c) * * *
    (1) Inspection during loading, or unloading, or at rest. Grain in 
two or more land carriers or barges that are to be officially inspected 
as a combined lot, must be sampled in a reasonably continuous 
operation. Representative samples must be obtained from the grain in 
each individual carrier and inspected in accordance with procedures as 
prescribed in the instructions.
    (2) Recertification. Grain that has been officially inspected and 
certified as two or more single, composite, or average quality lots may 
be recertified as a combined lot provided that:
    (i) The grain in each lot was sampled in a reasonably continuous 
operation;
    (ii) The original inspection certificates issued for the single, 
composite, or average quality lots have been surrendered to official 
personnel;
    (iii) Representative file samples of the single, composite, or 
average quality lots are available;
    (iv) The grain in the single, composite, or average quality lots is 
of the same grade or better grade and quality than as specified in the 
written instructions provided by the shipper;
    (v) Official personnel who performed the inspection service for the 
single, composite, or average quality lots and the official personnel 
who are to recertify the grain as a combined lot must determine that 
the samples used as a basis for the inspection of the grain in the 
single, composite, or average quality lots were representative at the 
time of sampling and have not changed in quality or condition; and
    (vi) The quality or condition of the grain meets uniformity 
requirements established by the Service for official inspection of 
grain in combined lots.
* * * * *
    (h) * * *
    (4) Combined-lot certification; general. Each official certificate 
for a combined-lot inspection service must show the identification for 
the ``combined lot'' or, at the request of the applicant, the 
identification of each carrier in the combined lot. If the 
identification of each carrier is not shown, the statement ``Carrier 
identification available on the official work record'' must be shown on 
the inspection certificate in the space provided for remarks. The 
identification and any seal information for the carriers may be shown 
in the Remarks section on the reverse side of the inspection 
certificate, provided that the statement ``See reverse side'' is shown 
on the face of the certificate in the space provided for remarks, or on 
an additional page.
    (5) Recertification. If a request for a combined-lot inspection 
service is filed after the grain has been officially inspected and 
certified as single, composite, or average quality lots, the combined-
lot inspection certificate must show, in addition to the requirements 
of paragraph (h)(4) of this section the following:
    (i) The date of inspection of the grain in the combined lot (if the 
single,

[[Page 43757]]

composite, or average quality lots were inspected on different dates, 
the latest of the dates must be shown);
    (ii) A serial number other than the serial numbers of the official 
inspection certificates that are to be superseded;
    (iii) The location of the grain, if at rest, or the name(s) of the 
elevator(s) from which or into which the grain in the combined lot was 
loaded or unloaded;
    (iv) A statement showing the approximate quantity of grain in the 
combined lot;
    (v) A completed statement showing the identification of any 
superseded certificates; and
    (vi) If at the time of issuing the combined-lot inspection 
certificate the superseded certificates are not in the custody of the 
official personnel, a statement indicating that the superseded 
certificates have not been surrendered must be clearly shown in the 
space provided for remarks. If the superseded certificates are in the 
custody of official personnel, the superseded certificates must be 
clearly marked ``Void.''
* * * * *

0
5. Amend Sec.  800.97 by revising paragraphs (b)(1) and (c)(1) to read 
as follows:


Sec.  800.97  Weighing grain in containers, land carriers, barges, and 
shiplots.

* * * * *
    (b) * * *
    (1) General. If grain in a carrier is offered for inspection or 
weighing service as one lot, the grain must be weighed at the 
individual weighing location in a reasonably continuous operation and 
certified as one lot. The identification of the carrier(s) must be 
recorded on the scale tape or ticket and the weight certificate.
* * * * *
    (c) * * *
    (1) Basic requirement. One official certificate must be issued for 
the weighing of the grain in each container, truck, trailer, truck/
trailer(s) combination, railroad car, barge, or similarly sized 
carrier. This requirement is not applicable to multiple grain carriers 
weighed as a single lot or combined lot under Sec.  800.98.
* * * * *

0
6. Amend Sec.  800.98 by revising paragraphs (b)(1) and (2) and (c)(2) 
to read as follows:


Sec.  800.98  Weighing grain in combined lots.

* * * * *
    (b) * * *
    (1) Single lot weighing. (i) Single lots of grain that are to be 
weighed as a combined lot may be weighed at multiple locations, 
provided that:
    (A) The lots are contained in the same type of carrier; and
    (B) Weighing is performed at each individual location in a 
reasonably continuous operation.
    (ii) The grain loaded into or unloaded from each carrier must be 
weighed in accordance with procedures prescribed in the instructions. 
In the case of sacked grain, a representative weight sample must be 
obtained from the grain in each carrier unless otherwise specified in 
the instructions.
    (2) Recertification. Grain that has been weighed and certified as 
two or more single lots may be recertified as a combined lot, provided 
that the original weight certificates issued for the single lots have 
been or will be surrendered to the appropriate agency or field office, 
and the official personnel who performed the weighing service for the 
single lots and the official personnel who are to recertify the grain 
as a combined lot determine that the weight of the grain in the lots 
has not since changed, and in the case of sacked grain, that the weight 
samples used as a basis for weighing the single lots were 
representative at the time of the weighing.
* * * * *
    (c) * * *
    (2) Recertification. If a request for a combined-lot Class X or 
Class Y weighing service is filed after the grain in the single lots 
has been weighed and certified, the combined-lot weighing certificate 
must show the following:
    (i) The date of weighing the grain in the combined lot (if the 
single lots were weighed on different dates, the latest dates must be 
shown);
    (ii) A serial number, other than the serial numbers of the weight 
certificates that are to be superseded;
    (iii) The name of the elevator(s) from which or into which the 
grain in the combined lot was loaded or unloaded;
    (iv) A statement showing the weight of the grain in the combined 
lot;
    (v) A completed statement showing the identification of any 
superseded certificate as follows: ``This combined-lot certificate 
supersedes certificate Nos. ------, dated ------; and
    (vi) If at any time of issuing the combined-lot weight certificate, 
the superseded certificates are not in the custody of the agency or 
field office, the statement ``The superseded certificates identified 
herein have not been surrendered'' must be shown clearly in the space 
provided for remarks beneath the statement identifying the superseded 
certificates. If the superseded certificates are in the custody of the 
agency or field office, the superseded certificates must be clearly 
marked ``Void.''
* * * * *

0
7. Amend Sec.  800.152 by revising paragraph (b) to read as follows:


Sec.  800.152  Maintenance and retention of file samples.

* * * * *
    (b) Minimum retention period. Upon request by an agency and with 
the approval of the Service, specified file samples or classes of file 
samples may be retained for shorter periods of time.

------------------------------------------------------------------------
           Carrier                In        Out       Export     Other
------------------------------------------------------------------------
(1) Trucks..................          3          5         30  .........
(2) Railcars................          5         10         30  .........
(3) Ships & Barges..........          5         25         90  .........
(4) Ships and Barges (short           5         25         60  .........
 voyage--5 days or less)....
(5) Containers..............          5         60         60  .........
(6) Bins & Tanks............  .........  .........  .........          3
(7) Submitted Samples.......  .........  .........  .........          3
------------------------------------------------------------------------


[[Page 43758]]

* * * * *

Larry Mitchell,
Administrator, Grain Inspection, Packers and Stockyards Administration.
[FR Doc. 2013-17452 Filed 7-19-13; 8:45 am]
BILLING CODE 3410-KD-P