[Federal Register Volume 59, Number 39 (Monday, February 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4421]
[Federal Register: February 28, 1994]
VOL. 59, NO. 39
Monday, February 28, 1994
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DEPARTMENT OF AGRICULTURE
Federal Grain Inspection Service
7 CFR Part 800
Fees for Official Pesticide Residue Testing
AGENCY: Federal Grain Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: The Federal Grain Inspection Service (FGIS) is proposing to
establish a new testing service under the United States Grain Standards
Act (USGSA) for pesticide residues in wheat. The new service will be
provided, upon request, using gas chromatography/mass spectrometry. The
cost of the testing will be recovered by fees charged to the applicant.
Testing will be conducted at the USDA-FGIS Technical Center, Kansas
City, Missouri.
DATES: Comments must be received on or before March 30, 1994.
ADDRESSES: Written comments must be submitted to George Wollam, USDA,
FGIS, Room 0624 South Building, P.O. Box 96454, Washington, DC 20090-
6454; FAX (202) 720-4628.
All comments received will be made available for public inspection
in Room 0624 USDA 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
The Department is issuing this rule in conformance with Executive
Order 12866.
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 USGSA. Otherwise, this proposed rule will not preempt
any State or local laws, regulations, or policies unless they present
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 R. Galliart, Acting Administrator, FGIS, has determined that
this proposed rule will not have a significant economic impact on a
substantial number of small entities. Most users of the official
inspection and weighing services and those persons who perform those
services do not meet the requirements of small entities as defined in
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
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
Since the early 1980s, FGIS has provided official service under the
Agricultural Marketing Act (AMA) to test grain and processed grain
products for the residue of three pesticides, carbon tetrachloride,
methylbromide, and ethylene dibromide. This service has been available
upon request from FGIS' Commodity Testing Laboratory in Beltsville, MD.
FGIS is now proposing to expand its pesticide residue testing
program to include testing wheat for 29 additional pesticides under the
authority of the United States Grain Standards Act. 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 Kansas
City Technical Center. 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, 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 proposed fees will be set forth in Sec. 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 non-regular workday.
The proposed fees are intended to cover, as nearly as practicable, the
FGIS operating cost including related supervisory and administrative
costs. Testing for additional residues (special compounds) within FGIS
capabilities may be requested at a proposed rate of $100 per hour
during a regular workday and $150 per hour during a nonregular workday.
The testing fee does not include charges for sampling. Sampling service
fees, if required, will be assessed in accordance with the sampling
rates in Sec. 800.71(a), Schedule A. Testing of other grains will 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 tested for
the presence of specific pesticide residues. FGIS is proposing to offer
certification of these specific pesticide residue 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 a generated income
of approximately $100,000 per year which will cover the costs of
providing the service.
Proposed Action
FGIS proposes to revise Sec. 800.71(a), Schedule A, to establish
new fees for testing pesticide residues.
List of Subjects in 7 CFR Part 800
Administrative practices and procedures, Grain.
For reasons set out in the preamble, 7 CFR part 800 is proposed to
be amended as follows:
PART 800--GENERAL PROVISIONS
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. In Sec. 800.71(a), Schedule A, is revised to read as follows:
(a) * * *
Schedule A.--Fees for Official Inspection, Weighing, and Appeal
Inspection Services, Performed in the United States\1\
------------------------------------------------------------------------
Regular
workday Nonregular
Inspection & weighing service (bulk or sacked (Monday workday
grain) to (Sunday
Saturday) and
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 the Service 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 Service.
\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.
* * * * *
Dated: January 31, 1994.
David R. Galliart,
Acting Administrator.
[FR Doc. 94-4421 Filed 2-25-94; 8:45 am]
BILLING CODE 3410-EN-M
