[Federal Register Volume 60, Number 187 (Wednesday, September 27, 1995)]
[Notices]
[Pages 49827-49829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23908]
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DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and Stockyards Administration
Pilot Programs Allowing More Than One Official Agency to Provide
Official Services Within a Single Geographic Area
AGENCY: Grain Inspection, Packers and Stockyards Administration
(GIPSA).
ACTION: Notice
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SUMMARY: GIPSA announces two pilot programs allowing more than one
official agency to provide official services within a single geographic
area.
EFFECTIVE DATE: November 1, 1995.
ADDRESSES: Neil E. Porter, Director, Compliance Division, GIPSA, USDA,
Room 1647 South Building, P.O. Box 96454, Washington, DC 20090-6454.
FOR FURTHER INFORMATION CONTACT: Neil E. Porter, telephone 202-720-
8262.
SUPPLEMENTARY INFORMATION:
Sections 7(f) and 7A of the United States Grain Standards Act, as
amended (Act), were amended by the U.S. Grain Standards Act Amendments
of 1993 (Public Law 103-156) on November 24, 1993, to authorize GIPSA's
Administrator to conduct pilot programs allowing more than one official
agency to provide official services within a single geographic area
without undermining the declared policy of the Act. The purpose of
pilot programs is to evaluate the impact of allowing more than one
official agency to provide
[[Page 49828]]
official services within a single geographic area.
GIPSA requested comments on five possible pilot programs in the
March 14, 1994, Federal Register (59 FR 11759): timely service; barges
on selected rivers or portions of rivers; exceptions; commercial
inspections; and submitted samples. Comments were due by April 22,
1994. GIPSA received 41 comments on these possible pilot programs:
seventeen comments from official agencies or employees of official
agencies opposed these pilot programs; twenty-two comments from grain
firms, grain trade associations, and a few official agencies supported
these pilot programs; and two comments from official agencies were
neutral.
The comments submitted by official agencies expressed their concern
over being pressured to grade more leniently or risk losing customers,
the possible issuance of multiple original grades on a single lot of
grain, losing major customers to competing official agencies, being
forced to give preferential treatment to large customers over small
customers, and maintaining a relatively uniform inspection volume
sufficient to preserve their personnel base.
Comments from the grain trade noted difficulty in getting services
when needed to avoid additional charges and the possibility of better
service and/or lower cost if they could choose the official agency to
provide such services. They also indicated a desire for pilot programs
encompassing all services, a more specific proposal to comment on, and
a concern that the structure of a pilot program could determine its
success or failure.
After considering these comments and other information, GIPSA, in
the March 10, 1995, Federal Register (60 FR 13113), developed and asked
for comments on two proposed pilot programs: ``Timely Service'' (one of
the original five pilot programs) and ``Open Season'' (an additional
pilot program). The remaining four pilot programs proposed in March 14,
1994, Federal Register (barges on selected rivers or portions of
rivers, exceptions, commercial inspections, and submitted samples) were
determined to be too narrow in scope to conduct an appropriate pilot
program.
Comments on these two proposed pilot programs were due by May 5,
1995. GIPSA received 15 comments. Seven official agencies and one
official agency organization opposed these pilot programs citing their
belief that the pilot programs would have an adverse impact on the
integrity of the official inspection system. Three of these agencies
also expressed concern about grain handling facilities being able to
participate in the open season pilot program as a result of seasonal
shipping patterns or doing without official services for 6 months.
GIPSA recognizes these concerns, but believes that there are adequate
safeguards in the proposed pilot programs. Two official agencies, one
grain handling facility, and four grain trade organizations supported
these pilot programs citing their belief that the pilot programs would
promote more timely official inspection services. Two of the trade
organizations recommended that timely service be redefined to mean when
the final grades are received by the customer. GIPSA agrees and has
modified the Timely Service pilot program to differentiate between
obtaining sampling/weighing services and receiving inspection results.
The following two pilot programs will start on November 1, 1995,
and end on October 31, 1996.
1. Timely Service. This pilot program allows official agencies to
provide official services to facilities outside their assigned
geographic area on a case-by-case basis when these official services
can not be provided in a timely manner by the official agency
designated to serve that area. A timely manner is defined as follows:
Sampling/weighing services. 6 hours when a service request is
received between 6 a.m. and noon, Monday through Friday, by the
official agency designated to provide service; and 12 hours when a
service request is received any other time by the official agency
designated to provide service. This means 6 hours or 12 hours to have a
sampler/weigher at the facility requesting service unless the customer
requests a later arrival.
Inspection results. 12 hours from the completion of sampling of the
units to be inspected. This means that the official agency providing
the service shall provide inspection results to the customer not later
than 12 hours upon completion of the sampling. This notification of
results may be by telephone, telefax, or other electronic means, and
does not apply to certification.
Facilities unable to obtain service within these time limits may
request such service from another official agency. Customers using this
pilot program must maintain sufficient documentation to establish that
they could not receive timely service from the official agency
designated to serve them (e.g., copy of faxed request for service). If
GIPSA determines that a customer violates the provisions of this pilot
program, such customer will no longer be permitted to participate in
the program.
Official agencies are encouraged to establish a means to accept
customer orders during other than normal business hours. Official
agencies must handle customer requests for service in the order
received, where practicable. Official agencies asked to provide
official services outside their assigned geographic area under the
Timely Service pilot program must notify the Compliance Division,
GIPSA.
The definition of timeliness in this pilot program supersedes the
definition of ``timely manner'' currently stated in section
800.46(b)(5), and also, supersedes the time requirements stated in
section 800.116(b) of the regulations under the Act for purposes of the
pilot program only. These sections state that official personnel may
not be available to provide requested services if the request is not
received by 2 p.m., the preceding business day.
2. Open Season. This pilot program would allow official agencies an
open season during which they may offer their services to facilities
outside their assigned geographic area where no official sample-lot or
official weighing services have been provided in the previous 6 months.
Official agencies desiring to participate in this pilot program must
submit their plans to provide official services to customers outside
their assigned geographic area to Compliance Division, GIPSA, for
review in consultation with the field office supervising the official
agency. Upon approval by the Compliance Division, these official
agencies would be permitted to participate in this program.
Official agencies participating in these pilot programs can
provide, during the test period, any official services for which they
are designated. Official agencies participating in pilot programs must
arrange for any equipment (including laboratories and access to
diverter-type mechanical samplers) that may be needed to provide
official services at each site outside the area they are currently
designated to serve.
These pilot programs will run for 1 year, starting November 1,
1995, and ending October 31, 1996. During this time, GIPSA will monitor
these pilot programs. If, at any time, GIPSA determines that a pilot
program is having a negative impact on the official system or is not
working as intended, the pilot program may be modified or discontinued.
Authority: Pub. L. 94-582, 90 Stat. 2867, as amended (7 U.S.C.
71 et seq.)
[[Page 49829]]
Dated: September 19, 1995
David R. Shipman
Deputy Administrator
[FR Doc. 95-23908 Filed 9-26-95; 8:45 am]
BILLING CODE 3410-EN-F
