[Federal Register Volume 59, Number 201 (Wednesday, October 19, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25748]
Federal Register / Vol. 59, No. 201 / Wednesday, October 19, 1994 /
[[Page Unknown]]
[Federal Register: October 19, 1994]
VOL. 59, NO. 201
Wednesday, October 19, 1994
DEPARTMENT OF AGRICULTURE
Federal Grain Inspection Service
7 CFR Part 800
RIN 0580-AA36
FGIS To Offer Official Pesticide Residue Testing
AGENCY: Federal Grain Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: This rule revises the regulations under the United States
Grain Standards Act (USGSA), as amended, and establishes the fee for a
new service offered by the Federal Grain Inspection Service (FGIS).
This service will provide for an official pesticide residue testing
program for 29 pesticides in wheat.
EFFECTIVE DATE: This regulation is effective November 18, 1994.
FOR FURTHER INFORMATION CONTACT: George Wollam, FGIS, USDA, Room 0623
South Building, (202) 720-0292.
Executive Order 12866
This rule has been determined to be significant for purposes of
Executive Order 12866 and, therefore, has been reviewed by OMB.
Major importers of U.S. wheat such as Japan, China, Mexico, and
Korea have indicated a strong interest in having U.S. grain officially
tested for the presence of specific pesticide residues. FGIS will be
offering certification of these specific pesticide levels for export
and domestic wheat. The anticipated volume of requests for this service
is 500 samples per year or 10 per week. This represents approximately
$100,000 per year, which will reimburse the costs of providing the
service.
FGIS has provided official pesticide residue testing under the
Agricultural Marketing Act since the early 1980's. Producers, grain
handlers, processors, and foreign buyers of U.S. grain expect FGIS to
provide an impartial assessment of grain quality as required by its
legislative authority. FGIS, in turn, responds to industry requests by
developing testing procedures and soliciting comments regarding the
specific action before implementation. It is participants in the grain
industry who determine who should conduct the analysis based on the
documentation needed to fulfill contract requirements established by
the grain market.
Under these circumstances, the Administrator of the Federal Grain
Inspection Service has determined that this proposed action will not
have a significant economic impact on a substantial number of small
entities.
Executive Order 12778
This final rule has been reviewed under Executive Order 12778,
Civil Justice Reform. This action is not intended to have retroactive
effect. The USGSA 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. This final
rule will not preempt any State or local laws, 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.
Regulatory Flexibility Act Certification
David Shipman, Acting Administrator, FGIS, has determined that this
final 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. 601 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.
Information Collection Requirements
In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C.
chapter 35), the information collection requirements contained in part
800 have been previously approved by OMB under control number 0580-
0013.
Background
On February 28, 1994, FGIS published in the Federal Register (59 FR
9424) a proposed rule entitled ``Fees for Official Pesticide Residue
Testing.'' These fees were established for a new service to provide
official pesticide residue determinations for 29 pesticides in wheat.
Since the early 1980's, FGIS has provided official service under
the Agricultural Marketing Act (AMA) to test grain and processed grain
products for three pesticide residues: carbon tetrachloride, methyl
bromide, and ethylene dibromide. This service is available upon request
from the FGIS Commodity Testing Laboratory in Beltsville, MD.
FGIS is expanding its pesticide residue testing program to include
testing wheat for 29 additional pesticides under the authority of the
USGSA. The service will be performed on a request basis; it will not be
required for either domestic or export shipments. All samples will be
tested at the FGIS Technical Center in Kansas City, MO. A minimum of
500 grams of wheat will be required for testing. The residues (routine
compounds) that will be certified are as follows: aldrin; azinphos-
methyl; alpha-BHC; beta-BHC; delta-BHC; carbofuran; chlorpyrifos;
chlorothalonil; chlorpyrifos-methyl; p,p'-DDD; p,p'-DDE; 3-p,p'-DDT;
diclofop-methyl; dieldrin; dimethoate; endosulfan; endrin;
esfenvalerate; fenitrothion; fenthion; folpet; lindane; malathion;
methidathion; methoxychlor; parathion; parathion-methyl; pirimiphos-
methyl; and triallate. These compounds will be analyzed by gas
chromatography/mass spectrometry. Laboratory analytical results will be
provided to the applicant as soon as practicable. Generally, the
testing requires a minimum of 48 hours.
The fees will be set forth in Section 800.71(a), Schedule A. The
proposed fee is $200 for each sample tested during a regular workday
and $300 for each sample tested during a nonregular workday. The USGSA,
as amended, (7 U.S.C. 71 et seq.) provides that FGIS charge and collect
reasonable fees that cover its estimated cost of performing official
inspection, weighing, reinspection, and appeal services. The fees are
to cover, as nearly as practicable, the FGIS costs for performance of
these official services, including related administrative and
supervisory costs. The testing fee does not include charges for
sampling. Sampling service fees, if required, will be assessed in
accordance with the sampling rates in Section 800.71(a), Schedule A.
Testing for additional residues (special compounds) within FGIS
capabilities will be charged at a proposed rate of $100 per hour during
a regular workday and $150 per hour during a non regular workday.
Testing of residues in other grains, oilseeds, and commodities may be
provided as a service at a later date.
Major importers of U.S. wheat such as Japan, China, Mexico, and
Korea have indicated a strong interest in having U.S. grain officially
tested for the presence of specific pesticide residues. FGIS will be
offering certification of these specific pesticide levels for export
and domestic wheat. The anticipated volume of requests for this service
is 500 samples per year or 10 per week. This represents approximately
$100,000 per year, which will reimburse the costs of providing the
service.
Comment Review
During the 30-day comment period, three comments were filed in
response to the proposal. The two comments in support of the proposal
were received from a grain industry association and a state department
of agriculture. A third comment in opposition to the proposal was filed
by an independent (private) laboratory association and was received
after the close of the comment period.
One comment in support of the proposal encouraged FGIS to use
statistically valid quality control methods in offering pesticide
testing. The commentor also requested that the testing not be
mandatory. In addition, the commentor asked about the memorandum of
understanding between FGIS and the Food and Drug Administration (FDA).
In response to the comment, the testing service will be performed on a
request basis; it will not be required for either domestic or export
wheat shipments. Grain samples that have been officially sampled and
determined to contain violative levels of pesticide residues will be
reported to the FDA.
Another comment in support of the proposal stated that the service
would help to strengthen the marketing of U.S. wheat abroad and the
service would meet importers' needs for more thorough testing for
pesticide residues. The commentor also pointed out that importers often
request official testing rather than what is offered by private
laboratories and that only FGIS would be able to provide a chain-of-
custody for the tested products from sampling to analysis.
The third comment was received after the 30-day comment period.
This comment objected to FGIS testing on the grounds that the
government would be competing with private laboratories. FGIS has
provided official pesticide residue testing under the AMA on pesticide
residue since the early 1980's. Producers, grain handlers, processors,
and foreign buyers of U.S. grain expect FGIS to provide impartial
assessment of grain quality as required by its legislative authority.
FGIS, is turn, responds to industry requests by developing testing
procedures and soliciting comments regarding the specific action before
implementation. It is participants in the grain industry who ultimately
determine who will conduct the analysis (FGIS or independent lab) based
on documentation needed to fulfill contract requirements established by
the grain market.
Final Action
Accordingly, FGIS is revising part 800.71(a), Schedule A, of the
regulations to establish new fees for testing pesticide residues in
wheat.
List of Subjects in 7 CFR Part 800
Administrative practice and procedure, Grain. For reasons set out
in the preamble, 7 CFR part 800 is amended as follows:
1. 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.).
2. Section 800.71(a), Schedule A, is revised to read as follows:
Sec. 800.71 Fees assessed by the Service.
(a) * * *
Schedule A.--Fees for Official Inspection, Weighing, and Appeal
Inspection Services Performed in the United States\1\
------------------------------------------------------------------------
Regular Non regular
Inspection and weighing service (bulk or workday workday
sacked grain) (Monday to (Sunday and
Saturday) Holiday)
------------------------------------------------------------------------
(1) Original inspection and official
weighing:\2\
(i) Contract (per hour per service
representative).......................... $31.50 $43.10
(ii) Noncontract (per hour per service
representative).......................... 41.90 57.00
(2) Reinspection, appeal inspection, Board
appeal inspection, and review of weighing
services:\3\\4\
(i) Grading service:
(A) Grade and factors (per sample).... 61.10 79.50
(B) Protein test (per sample)......... 15.30 19.90
(C) Factor determination (per factor). 30.60 39.75
(D) Vomitoxin test (per test):
Qualitative....................... 35.00 44.00
Quantitative...................... 40.00 50.00
(ii) Sampling services (per hour per
service representative).................. 61.10 79.50
(iii) Review of weighing service (per hour
per service representative).............. 61.10 79.50
(3) Extra copies of certificates (per copy)... 3.00 3.00
(4) Official track scale testing service...... 44.00 59.90
(5) Pesticide residue testing:\5\
(A) Routine compounds (per sample).... 200.00 300.00
(B) Special compounds (per hour per
service representative).................. 100.00 150.00
------------------------------------------------------------------------
\1\Official inspection and weighing services include but are not limited
to: grading, weighing, sampling, stowage examination, equipment
testing, scale testing and certification, test weight reverification,
evaluation of inspection and weighing equipment, demonstrating
official inspection and weighing functions, furnishing standard
illustrations, and certifying inspection and weighing results.
\2\For vomitoxin tests, a charge of $7.50 per qualitative test and a
charge of $12.00 per quantitative test will be assessed in addition to
the applicable hourly rate for original inspection service.
\3\Fees for reinspection and appeal inspection services performed at
locations where FGIS is providing original inspection service shall be
assessed at the applicable contract or noncontract hourly rate as the
original inspection, except that for vomitoxin tests, a charge of
$7.50 per qualitative test and a charge of $12.00 per quantitative
test will be assessed in addition to the applicable hourly rate. If
additional personnel are required to perform the reinspection or
appeal inspection service, the applicant will be assessed the
noncontract original inspection hourly fee.
\4\If at the request of FGIS a file sample is located and forwarded by
an agency for an official appeal, the agency may, upon request, be
reimbursed at the rate of $2.50 per sample by the FGIS.
\5\Testing fees are applicable to any level of service (original
inspection, reinspection, appeal inspection, or Board appeal
inspection) and do not include a sampling service fee which, if
applicable, will be assessed separately in accordance with the fees in
this schedule.
* * * * *
Patricia A. Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-25748 Filed 10-18-94; 8:45 am]
BILLING CODE 3410-EN-P
