[Federal Register Volume 60, Number 20 (Tuesday, January 31, 1995)]
[Rules and Regulations]
[Pages 5835-5836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2219]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
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Federal Register / Vol. 60, No. 20 / Tuesday, January 31, 1995 /
Rules and Regulations
[[Page 5835]]
DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and Stockyards Administration
7 CFR Parts 68 and 800 and Chapter VIII\1\
Name Change and Amendment of References To Reflect Establishment
of the Grain Inspection, Packers and Stockyards Administration
ACTION: Final rule.
\1\The authority to exercise the functions of the Secretary of
Agriculture contained in the Agricultural Marketing Act of 1946, as
amended (7 U.S.C. 1621-1627), concerning inspection and
standardization activities related to grain and similar commodities
and products thereof has been delegated to the Administrator, Grain
Inspection, Packers and Stockyards Administration (7 U.S.C. 75a; 7
CFR 68.5).
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SUMMARY: This rule amends 7 CFR parts 68 and 800 and chapter VIII to
reflect the abolishment of the Federal Grain Inspection Service (FGIS)
as an agency of the Department of Agriculture and the transfer of its
program authority to a newly created agency, the Grain Inspection,
Packers and Stockyards Administration (GIPSA).
EFFECTIVE DATE: January 31, 1995.
FOR FURTHER INFORMATION CONTACT:
George Wollam, GIPSA-FGIS, USDA, Room 0623 South Building, P.O. Box
96454, Washington, DC, 20090-6454; FAX (202) 720-4628; telephone (202)
720-0292.
SUPPLEMENTARY INFORMATION: Pursuant to Pub. L. 103-354, the Federal
Crop Insurance Reform and Department of Agriculture Reorganization Act
of 1994, the Secretary of Agriculture issued Secretary's Memorandum
1010-1 (SM 1010-1), Reorganization of the Department of Agriculture on
October 20, 1994. SM 1010-1 orders the abolition of the Federal Grain
Inspection Service and the establishment of the Grain Inspection,
Packers and Stockyards Administration, which assumes the function
previously performed by FGIS. This rule amends 7 CFR parts 68 and 800
and the heading of chapter VIII to bring Agency regulations into
alignment with the Departmental reorganization.
This rule relates to internal Agency management. Therefore,
pursuant to 5 U.S.C. 553, notice of proposed rulemaking and opportunity
for comment are not required, and this rule may be made effective less
than 30 days after publication in the Federal Register. Further, since
this rule relates to internal agency management, it is exempt from the
provisions of Executive Order Nos. 12778 and 12868. Finally, this
action is not a rule as defined by the Regulatory Flexibility Act. Pub.
L. No. 96-354, and, thus, is exempt from the provisions of that Act.
List of Subjects in 7 CFR Parts 68 and 800
Administrative practice and procedures, Grain inspection, and
Agricultural commodities.
For reasons set forth in the preamble and background, 7 CFR
chapters I and VIII are amended as follows:
CHAPTER I--[AMENDED]
PART 68--REGULATIONS AND STANDARDS FOR INSPECTION AND CERTIFICATION
OF CERTAIN AGRICULTURAL COMMODITIES AND THEIR PRODUCTS
1. The authority citation for Part 68 continues to read as follows:
Authority: Secs. 202-208, 60 Stat. 1087, as amended (7 U.S.C.
1621 et seq.).
2. Section 68.1 is amended by revising paragraphs (b)(2) and
(b)(43) to read as follows:
Sec. 68.1 Meaning of terms.
* * * * *
(b) * * *
(2) Administrator. The Administrator of the Grain Inspection,
Packers and Stockyards Administration or any person to whom the
Administrator's authority has been delegated.
* * * * *
(43) Service. The Federal Grain Inspection Service of the Grain
Inspection, Packers and Stockyards Administration of the United States
Department of Agriculture.
* * * * *
CHAPTER VIII--GRAIN INSPECTION, PACKERS AND STOCKYARD ADMINISTRATION
(FEDERAL GRAIN INSPECTION SERVICE), DEPARTMENT OF AGRICULTURE
1. The heading of the 7 CFR chapter VIII is revised to read as set
forth above.
PART 800--GENERAL REGULATIONS
2. The authority citation for part 800 continues to read as
follows:
Authority: Pub. L. 94-582, 90 Stat. 2867, as amended (7 U.S.C.
71 et seq.)
3. Section 800.0 is amended by revising paragraphs (b)(3) and
(b)(91) to read as follows:
Sec. 800.0 Meaning of terms.
* * * * *
(b) * * *
(3) Administrator. The Administrator of the Grain Inspection,
Packers and Stockyards Administration or any person to whom authority
has been delegated.
* * * * *
(91) Service. The Federal Grain Inspection Service of the Grain
Inspection, Packers and Stockyards Administration of the United States
Department of Agriculture.
* * * * *
Sec. 800.0 [Amended]
4. Section 800.0 is further amended by removing footnote 1.
5. Section 800.2 is revised to read as follows:
Sec. 800.2 Administrator.
The Administrator is delegated, from the Secretary, responsibility
for administration of the United States Grain Standards Act and
responsibilities under the Agricultural Marketing Act of 1946 (7 U.S.C.
1621 et seq.). The Administrator is responsible for the establishment
of policies, guidelines, and regulations by which the Service is to
carry out the provisions of the Act and the Agricultural Marketing Act
of 1946. The regulations promulgated under the Agricultural Marketing
Act of 1946 appear at part 68 of this title (7 CFR part 68). The
Administrator is authorized by the Secretary to take any action
required by law or considered to be necessary and proper to the
discharge of the functions and services under the Act. The
Administrator may delegate authority to the Deputy Administrator and
other appropriate officers and [[Page 5836]] employees. The
Administrator may, in emergencies or other circumstances which would
not impair the objectives of the Act, suspend for period determined by
the Administrator any provision of the regulations or official grain
standards. The Administrator may authorize research; experimentation;
and testing of new procedures, equipment, and handling techniques to
improve the inspection and weighing of grain. The Administrator may
waive the official inspection and official weighing requirements
pursuant to Section 5 of the Act.
6. Section 800.7 is revised to read as follows:
Sec. 800.7 Information about the Service, Act, and regulations.
Information about the Grain Inspection, Packers and Stockyards
Administration, Service, Act, regulations, official standards, official
criteria, rules of practice, instructions, and other matters related to
the official inspection or Class X or Class Y weighing of grain may be
obtained by telephoning or writing the U.S. Department of Agriculture,
Grain Inspection, Packers and Stockyards Administration, P.O. Box
96454, Washington, D.C. 20090-6454, or any field office or agency of
the Service.
7. In Sec. 800.8 paragraphs (b), (d), and (e) are revised to read
as follows:
Sec. 800.8 Public information.
* * * * *
(b) Public inspection and copying. Materials maintained by the
Service, including those described in 7 CFR 1.5, will be made
available, upon a request which has not been denied, for public
inspection and copying at the U.S. Department of Agriculture, Grain
Inspection, Packers and Stockyards Administration, at 14th Street and
Independence Avenue, SW., Washington, D.C. 20250. The public may
request access to these materials during regular working hours, 8:00
a.m. to 4:30 p.m., est, Monday through Friday except for holidays.
* * * * *
(d) Requests for records. Requests for records under 5 U.S.C.
552(a)(3) shall be made in accordance with 7 CFR 1.6 and shall be
addressed as follows: Office of the Administrator, Grain Inspection,
Packers and Stockyards Administration; FOIA Request, U.S. Department of
Agriculture, P.O. Box 96454, Washington, D.C. 20090-6454.
* * * * *
(c) Appeals. Any person whose request under paragraph (d) of this
section, is denied shall have the right to appeal such denial in
accordance with 7 CFR 1.13. Appeals shall be addressed to the
Administrator, Grain Inspection, Packers and Stockyards Administration,
FOIA Appeal, P.O. Box 96454, Washington, D.C. 20090-6454.
Dated: January 24, 1995.
James R. Baker,
Administrator.
[FR Doc. 95-2219 Filed 1-30-95; 8:45 am]
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