97-12435. Fees for Official Inspection and Official Weighing Services  

  • [Federal Register Volume 62, Number 92 (Tuesday, May 13, 1997)]
    [Proposed Rules]
    [Pages 26252-26255]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-12435]
    
    
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    DEPARTMENT OF AGRICULTURE
    
    Grain Inspection, Packers and Stockyards Administration
    
    7 CFR Part 800
    
    RIN 0580-AA52
    
    
    Fees for Official Inspection and Official Weighing Services
    
    AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA.
    
    ACTION: Proposed rule.
    
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    SUMMARY: The Federal Grain Inspection Service (FGIS) of the Grain 
    Inspection, Packers and Stockyards Administration (GIPSA) is proposing 
    an approximate 3 percent increase in certain of its service fees for 
    official inspection and weighing services performed in the United 
    States under the United States Grain Standards Act (USGSA), as amended. 
    The proposed increase covers hourly rates and certain unit rates on 
    tests performed at other than an applicant's facility. The proposed 
    increase is designed to generate additional revenue required to recover 
    operational costs created by mandated cost-of-living increases to 
    Federal salaries in fiscal year 1997.
    
    DATE: Written comments must be submitted on or before May 28, 1997.
    
    ADDRESSES: Written comments must be submitted to George Wollam, USDA, 
    GIPSA, ART, Stop 3649, Washington, D.C. 20250-3649, or FAX them to 
    (202) 720-4628. All comments received will be made available for public 
    inspection during regular business hours in Room 0623, South Building, 
    USDA, 1400 Independence Avenue, SW, Washington, D.C. 20250-3649 (7 CFR 
    1.27 (b)). Comments may also be sent by electronic mail or Internet to: 
    gwollam@fgis.usda.gov.
    
    FOR FURTHER INFORMATION CONTACT: George Wollam at above address or 
    telephone (202) 720-0292.
    
    SUPPLEMENTARY INFORMATION:
    
    Executive Order 12866
    
        This rule has been determined to be nonsignificant for the purpose 
    of Executive Order 12866 and, therefore, has not been reviewed by the 
    Office of Management and Budget.
    
    Executive Order 12988
    
        This proposed rule has been reviewed under Executive Order 12988, 
    Civil Justice Reform. This action is not intended to have a retroactive 
    effect. The USGSA provides in Sec. 87g that no subdivision may require 
    or impose any requirements or restrictions concerning the inspection, 
    weighing, or description of grain under the Act. Otherwise, this 
    proposed rule will not preempt any State or local laws, regulations, or 
    policies unless they present irreconcilable conflict with this proposed 
    rule. There are no administrative procedures which must be exhausted 
    prior to any judicial challenge to provisions of this proposed rule.
    
    Effects on Small Entities
    
        James R. Baker, Administrator, GIPSA, has determined that this 
    proposed 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.). Most users of the official 
    inspection and weighing services do not meet the requirements for small 
    entities. FGIS is required by statute to make services available and to 
    recover costs of providing such services, as nearly as practicable.
        The proposed fee revision is primarily applicable to entities 
    engaged in the export of grain. Under provisions of the USGSA, most 
    grain exported from U.S. export port locations must be officially 
    inspected and weighed. Mandatory inspection and weighing services are 
    provided by FGIS on a fee basis at 37 export facilities. All of the 
    export facilities are owned and managed by multi-national corporations, 
    large cooperatives, or public entities that do not meet the criteria 
    for small entities as defined under the Regulatory Flexibility Act and 
    the regulations issued thereunder. Some users of the service who 
    request non-mandatory official inspection and weighing services at 
    other than export locations could be considered small entities. 
    However, this fee increase merely reflects the cost-of-living increases 
    in Federal salaries for hourly and certain unit fees. The approximate 
    3-percent proposed increase in fees would not have a significant impact 
    on either small or large entities. Additional revenue estimated for 
    fiscal year 1997 are projected to be $218,100 for a total of $22.218 
    million in revenue projected for fiscal year 1997.
    
    Information Collection and Recordkeeping Requirements
    
        In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
    Chapter 35), the previously approved information collection and 
    recordkeeping requirements have been approved by the Office of 
    Management and Budget under control number 0580-0013.
    
    Background
    
        The USGSA requires FGIS to charge and collect reasonable fees for 
    performing official inspection and weighing services. The fees are to 
    cover, as nearly as practicable, FGIS' costs for performing these 
    services, including related administrative and supervisory costs.
        The proposed approximate 3-percent increase in fees is designed to 
    generate additional revenue required to recover operational costs 
    created by mandated cost-of-living increases to Federal salaries for 
    GIPSA employees in fiscal year 1997. The average salary increase for 
    GIPSA employees in fiscal year 1997 is approximately 3 percent. The 
    proposed action is being taken immediately to increase fiscal year 1997 
    revenue to cover, in part, projected fiscal year 1997 operational 
    costs.
        The current USGSA fees and were published in the Federal Register 
    on August 22, 1996 (61 FR 43301), and became effective on October 1, 
    1996. They will appear in the 1997 edition of 7 CFR 800.71, Schedule A, 
    Fees for Official Inspection and Weighing Services Performed in the 
    United States. The current fee schedule is projected to
    
    [[Page 26253]]
    
    generate approximately $22 million revenue for fiscal year 1997. This 
    revenue is insufficient to recover operating expenses in fiscal year 
    1997. This is 5.2 percent below estimated fiscal year 1997 costs of 
    $23.2 million. Similar losses have occurred over the past 3 years with 
    $753,000 in fiscal year 1994; $630,000 in fiscal year 1995; and 
    $1,273,000 in fiscal year 1996. These losses resulted in a retained 
    earnings balance of only $922,000 at the beginning of fiscal year 1997, 
    significantly below a desired 3-month operating reserve of $6 million. 
    With the fee increase, it is estimated that $218,100 in additional 
    revenue will be generated for fiscal year 1997. Total costs for fiscal 
    year 1997 are projected to be $23.2 million and revenues with the fee 
    increase for the last period of fiscal year 1997 are projected to be 
    $22.218 million.
        A further adjustment of fees, including an adjustment to the per 
    metric ton administrative fee to recover the indirect costs of field 
    offices and headquarters and replenish the operating reserve, is being 
    considered and would be addressed in future rulemaking.
        A 15-day comment period is deemed appropriate because projected 
    exports and the associated requests for official services for such 
    grain are projected to decrease in the coming months due to seasonal 
    and other adjustments. Accordingly, given the current level of the 
    operating reserve, it would be necessary to implement any fee increase 
    that may result from this rulemaking as soon as possible.
    
    Proposed Action
    
        GIPSA proposes to apply an approximate 3-percent increase to those 
    hourly and certain unit rates in 7 CFR 800.71, Table 1--Fees for 
    Official Services Performed at an Applicant's Facility in an Onsite 
    FGIS Laboratory; Table 2--Services Performed at Other Than an 
    Applicant's Facility in an FGIS Laboratory; and Table 3, Miscellaneous 
    Services.
        In reviewing the fee schedule to identify these fees that would 
    require a 3-percent increase, FGIS has identified several fees that 
    under the current fee schedule are at levels that would not require any 
    change. Accordingly, these fees would remain the same at this time.
    
    List of Subjects in 7 CFR Part 800
    
        Administrative practice and procedure; Grain.
    
        For the reasons set out in the preamble, 7 CFR Part 800 is proposed 
    to be revised as follows:
    
    PART 800--GENERAL REGULATIONS
    
        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 is revised to read as follows:
    
    
    Sec. 800.71  Fees assessed by the Service.
    
        (a) * * *
    
    Schedule A.--Fees for Official Inspection and Weighing Services 
    Performed in the United States
    
       Table 1.--Fees For Official Services Performed at an Applicant's Facility in an Onsite FGIS Laboratory \1\   
    ----------------------------------------------------------------------------------------------------------------
                                                         Monday to       Monday to       Saturday,                  
                                                       Friday (6 a.m  Friday (6 p.m.    Sunday, and      Holidays   
                                                        to 6 p.m.)      to 6 a.m.)     Overtime \2\                 
    ----------------------------------------------------------------------------------------------------------------
                     (1) Inspection and Weighing Services Hourly Rates (per service representative)                 
    ----------------------------------------------------------------------------------------------------------------
    1-year contract.................................          $23.80          $25.60          $33.40          $40.20
    6-month contract................................           25.80           27.60           35.40           46.20
    3-month contract................................           29.60           30.80           38.60           48.00
    Noncontract.....................................           34.00           36.00           44.20           54.20
    ----------------------------------------------------------------------------------------------------------------
                    (2) Additional Tests (cost per test, assessed in addition to the hourly rate) \3\               
    ----------------------------------------------------------------------------------------------------------------
        (i) Aflatoxin (other than Thin Layer                                                                        
         Chromatography)............................  ..............  ..............  ..............            8.50
        (ii) Aflatoxin (Thin Layer Chromatography                                                                   
         method)....................................  ..............  ..............  ..............           20.00
        (iii) Soybean protein and oil (one or both).  ..............  ..............  ..............            1.50
        (iv) Wheat protein (per test)...............  ..............  ..............  ..............            1.50
        (v) Sunflower oil (per test)................  ..............  ..............  ..............            1.50
        (vi) Vomitoxin (qualitative)................  ..............  ..............  ..............            7.50
        (vii) Vomitoxin (quantitative)..............  ..............  ..............  ..............           12.50
        (viii) Waxy corn (per test).................  ..............  ..............  ..............            1.50
        (ix) Fees for other tests not listed above                                                                  
         will be based on the lowest noncontract                                                                    
         hourly rate................................  ..............  ..............  ..............  ..............
        (x) Other services                            ..............  ..............  ..............  ..............
            (a) Class Y Weighing (per carrier)        ..............  ..............  ..............  ..............
                (1) Truck/container.................  ..............  ..............  ..............             .30
                (2) Railcar.........................  ..............  ..............  ..............            1.25
                (3) Barge...........................  ..............  ..............  ..............            2.50
    ----------------------------------------------------------------------------------------------------------------
      (3) Administrative Fee (assessed in addition to all other applicable fees, only one administrative fee will be
                    assessed when inspection and weighing services are performed on the same carrier)               
    ----------------------------------------------------------------------------------------------------------------
        (i) All outbound carriers (per-metric-ton)                                                                  
         \4\                                                                                                        
            (a) 1-1,000,000.........................  ..............  ..............  ..............           0.090
            (b) 1,000,001-1,500,000.................  ..............  ..............  ..............           0.082
            (c) 1,500,001-2,000,000.................  ..............  ..............  ..............           0.042
            (d) 2,000,001-5,000,000.................  ..............  ..............  ..............           0.032
            (e) 5,000,001-7,000,000.................  ..............  ..............  ..............           0.017
            (f) 7,000,001-0.........................  ..............  ..............  ..............            .002
        (ii) Additional services (assessed in                                                                       
         addition to all other fees) \3\                                                                            
            (a) Submitted sample (per sample--grade                                                                 
             and factor)............................  ..............  ..............  ..............            1.50
    
    [[Page 26254]]
    
                                                                                                                    
            (b) Submitted sample--Factor only (per                                                                  
             factor)................................  ..............  ..............  ..............           0.70 
    ----------------------------------------------------------------------------------------------------------------
    \1\ Fees apply for original inspection and weighing, reinspection, and appeal inspection service include, but   
      are not limited to, sampling, grading, weighing, prior to loading stowage examinations, and certifying results
      performed within 25 miles of an employee's assigned duty station. Travel and related expenses will be charged 
      for service outside 25 miles as found in Sec.  800.72(a).                                                     
    \2\ Overtime rates will be assessed for all hours in excess of 8 consecutive hours that result from an applicant
      scheduling or requesting service beyond 8 hours, or if requests for additional shifts exceed existing         
      staffing.                                                                                                     
    \3\ Appeal and reinspection services will be assessed the same fee as the original inspection service.          
    \4\ The administrative fee is assessed on an accumulated basis beginning at the start of the Service's fiscal   
      year (October 1 each year).                                                                                   
    
    
    Table 2.--Services Performed at Other Than an Applicant's Facility in an
                             FGIS Laboratory \1\ \2\                        
                                                                            
                                                                            
    (1)Original Inspection and Weighing (Class X) Services:                 
        (i) Sampling only (use hourly rates from Table 1):                  
        (ii) Stationary lots (sampling, grade/factor, &                     
         checkloading):                                                     
            (a) Truck/trailer/container (per carrier).......          $17.80
            (b) Railcar (per carrier).......................           27.25
            (c) Barge (per carrier).........................          174.00
            (d) Sacked grain (per hour per service                          
             representative plus an administrative fee per                  
             hundredweight) (CWT)...........................            0.02
        (iii) Lots sampled online during loading (sampling                  
         charge under (i) above, plus):                                     
            (a) Truck/trailer container (per carrier).......            9.75
            (b) Railcar (per carrier).......................           19.00
            (c) Barge (per carrier).........................          108.00
            (d) Sacked grain (per hour per service                          
             representative plus an administrative fee per                  
             hundredweight) (CWT)...........................            0.02
        (iv) Other services:                                                
            (a) Submitted sample (per sample--grade and                     
             factor)........................................           10.25
            (b) Warehouseman inspection (per sample)........           17.25
            (c) Factor only (per factor--maximum 2 factors).            4.20
            (d) Checkloading/condition examination ( use                    
             hourly rates from Table 1, plus an                             
             administrative fee per hundredweight if not                    
             previously assessed) (CWT).....................            0.02
            (e) Reinspection (grade and factor only.                        
             Sampling service additional, item (i) above)...           11.25
            (f) Class X Weighing (per hour per service                      
             representative)................................           45.00
        (v) Additional tests (excludes sampling):                           
            (a) Aflatoxin (per test--other than TLC method).           25.25
            (b) Aflatoxin (per test--TLC method)............          100.75
            (c) Soybean protein and oil (one or both).......            7.85
            (d) Wheat protein (per test)....................            7.85
            (e) Sunflower oil (per test)....................            7.85
            (f) Vomitoxin (qualitative).....................           25.25
            (g) Vomitoxin (quantitative)....................           30.25
            (h) Waxy corn (per test)........................            9.10
            (i) Canola (per test--00 dip test)..............            9.10
            (j) Pesticide Residue Testing \3\...............                
                (1) Routine Compounds (per sample)..........          200.00
                (2) Special Compounds (per service                          
                 representative)............................          100.00
            (k) Fees for other tests not listed above will                  
             be based on the lowest noncontract hourly rate                 
             from Table 1.                                                  
    (2) Appeal inspection and review of weighing service:                   
     \4\                                                                    
        (i) Board Appeals and Appeals (grade and factor)....           74.85
            (a) Factor only (per factor--max 2 factors)$....           38.25
            (b) Sampling service for Appeals additional                     
             (hourly rates from Table 1)....................                
        (ii) Additional tests (assessed in addition to all                  
         other applicable fees):                                            
            (a) Aflatoxin (per test, other than TLC)........           25.25
            (b) Aflatoxin (TLC).............................          110.30
            (c) Soybean protein and oil (one or both).......           15.45
            (d) Wheat protein (per test)....................           15.45
            (e) Sunflower oil (per test)....................           15.45
            (f) Vomitoxin (per test--qualitative)...........           35.25
            (g) Vomitoxin (per test--quantitative)..........           40.25
            (h) Vomitoxin (per test--HPLC Board Appeal).....          126.00
            (i) Pesticide Residue Testing \3\...............                
                (1) Routine Compounds (per sample)..........          200.00
                (2) Special Compounds (per service                          
                 representative)............................          100.00
            (j) Fees for other tests not listed above will                  
             be based on the lowest noncontract hourly rate                 
             from Table 1...................................                
        (iii) Review of weighing (per hour per service                      
         representative)....................................           65.40
    (3) Stowage examination (service-on-request): \3\                       
        (i) Ship (per stowage space) (minimum $250 per ship)           50.00
        (ii) Subsequent ship examinations (same as original)                
         (minimum $150 per ship)............................                
        (iii) Barge (per examination).......................           40.00
    
    [[Page 26255]]
    
                                                                            
        (iv) All other carriers (per examination)...........           15.00
    ------------------------------------------------------------------------
    \1\ Fees apply for original inspection and weighing, reinspection, and  
      appeal inspection service include, but are not limited to, sampling,  
      grading, weighing, prior to loading stowage examinations, and         
      certifying results performed within 25 miles of an employee's assigned
      duty station. Travel and related expenses will be charged for service 
      outside 25 miles as found in Sec.  800.72(a).                         
    \2\ An additional charge will be assessed when the revenue from the     
      services in Schedule A, Table 2, does not cover what would have been  
      collected at the applicable hourly rate as provided in Sec.           
      800.72(2).                                                            
    \3\ If performed outside of normal business, 1\1/2\ times the applicable
      unit fee will be charged.                                             
    \4\ If, at the request of the Service, a file sample is located and     
      forwarded by the Agency for an official agency, the Agency may, upon  
      request, be reimbursed at the rate of $2.50 per sample by the Service.
    
    
                       Table 3.--Miscellaneous Services 1                   
                                                                            
                                                                            
    (1) Grain grading seminars (per hour per $45.00 service                 
     representative) \2\....................................          $45.00
    (2) Certification of diverter-type mechanical samplers                  
     (per hour per service representative) \2\..............           45.00
    (3) Special weighing services (per hour per service                     
     representative) \2\                                                    
        (i) Scale testing and certification.................           45.00
        (ii) Evaluation of weighing and material handling                   
         systems............................................           45.00
        (iii) NTEP Prototype evaluation (other than Railroad                
         Track Scales)......................................           45.00
        (iv) NTEP Prototype evaluation of Railroad Track....           45.00
            Scales (plus usage fee per day for test car)....          100.00
        (v) Mass standards calibration and reverification...           45.00
        (vi) Special projects...............................           45.00
    (4) Foreign travel (per day per service representative).          420.00
    (5) Online customized data EGIS service:                                
        (i) One data file per week for 1 year...............          500.00
        (ii) One data file per month for 1 year.............          300.00
    (6) Samples provided to interested parties (per sample).            2.50
    (7) Divided-lot certificates (per certificate)..........            1.50
    (8) Extra copies of certificates (per certificate)......            1.50
    (9) Faxing (per page)...................................            1.50
    (10) Special mailing (actual cost)                                      
    (11) Preparing certificates onsite or during other than                 
     normal business hours (use hourly rates from Table 1).                 
    ------------------------------------------------------------------------
    \1\ Any requested service that is not listed will be performed at $45.00
      per hour.                                                             
    \2\ Regular business hours--Monday thru Friday--service provided at     
      other than regular hours charged at the applicable overtime hourly    
      rate.                                                                 
    
        Dated: May 7, 1997.
    James R. Baker,
    Administrator.
    [FR Doc. 97-12435 Filed 5-12-97; 8:45 am]
    BILLING CODE 3410-EN-P
    
    
    

Document Information

Published:
05/13/1997
Department:
Grain Inspection, Packers and Stockyards Administration
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
97-12435
Dates:
Written comments must be submitted on or before May 28, 1997.
Pages:
26252-26255 (4 pages)
RINs:
0580-AA52: Fees for Official Inspection and Official Weighing Services
RIN Links:
https://www.federalregister.gov/regulations/0580-AA52/fees-for-official-inspection-and-official-weighing-services
PDF File:
97-12435.pdf
CFR: (1)
7 CFR 800.71