[Federal Register Volume 59, Number 96 (Thursday, May 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12261]
[[Page Unknown]]
[Federal Register: May 19, 1994]
VOL. 59, NO. 96
Thursday, May 19, 1994
DEPARTMENT OF AGRICULTURE
Agricultural Stabilization and Conservation Service
7 CFR Parts 735, 736, 737, 738, 739, 740, 741, and 742
RIN 0560-AD14
U.S. Warehouse Act Fees
AGENCY: Agricultural Stabilization and Conservation Service, USDA.
ACTION: Proposed rule.
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SUMMARY: The Agricultural Stabilization and Conservation Service (ASCS)
is proposing to increase fees charged warehousemen for licensing and
inspection services under the United States Warehouse Act (USWA) for
grain, tobacco, wool, dry beans, nuts, syrup, and cottonseed. In
addition, an initial schedule of fees for cotton warehousemen is being
added. Future fee changes will be announced by a notice in the Federal
Register prior to July 1, to be effective October 1 of each year, when
such changes have been determined to be necessary.
DATES: Written comments must be received on or before close of business
on June 3, 1994. to be sure of consideration.
ADDRESSES: Written comments on this proposed rule should be sent to the
Director, Licensing Authority Division, U.S. Department of Agriculture
(USDA), ASCS, P.O. Box 2415, room 5962-S, Washington, DC 20013-2415,
telephone 202-720-2121, FAX 202-690-0014.
All submissions will be available for public inspection during
regular business hours from 8 a.m. to 4:30 p.m. eastern time, in room
5962, South Agriculture Building, USDA, 14th and Independence Avenue
SW., Washington, DC.
FOR FURTHER INFORMATION CONTACT: Ms. Lynda Moore or Mr. Bill March
at 202-720-2121 or FAX 202-690-0014.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This proposed rule is issued in conformance with Executive Order
12866. OMB has determined that this rule is significant.
Executive Order 12372
This program is not subject to the provisions of Executive Order
12372 which requires intergovernmental consultation with State and
local officials. See the notice related to 7 CFR part 3015, subpart V,
published at 48 FR 29115 (June 24, 1983).
Executive Order 12778
The Office of General Counsel has certified to the Office of
Management and Budget that these regulations meet the applicable
standards provided in sections 2(a) and 2(b)(2) of this Executive
Order.
Paperwork Reduction Act
The amendments set forth in this proposed rule do not generate any
new or revised information collection or recordkeeping requirements on
the public.
Regulatory Flexibility Act
It has been determined that the Regulatory Flexibility Act is not
applicable to this proposed rule because it has been determined that
this rule will not have a significant effect on a substantial number of
small businesses because licensing under the United States Warehouse
Act is strictly voluntary on the part of the warehouseman. The actions
taken herein are required by statute.
Executive Order 12612
It has been determined that the policies and procedures contained
in this rule will not have substantial direct effects on states or
their political subdivisions, or on the distribution of power and
responsibilities among the various levels of government.
National Environmental Policy Act
This action is not expected to have any significant impact on the
quality of the human environment, health, and safety. Therefore, either
an Environmental Assessment nor an Environmental Impact Statement is
needed.
Background
The Omnibus Budget Reconciliation Act of 1981 requires the
imposition of fees for federally licensed warehouses. That Act
stipulates that:
The Secretary of Agriculture * * * shall charge, assess, and
cause to be collected a reasonable fee for (1) each examination or
inspection of a warehouse * * *; (2) each license issued to any
person to classify, inspect, grade, sample, or weigh agricultural
products stored or to be stored * * *; (3) each annual warehouse
license issued to a warehouseman to conduct a warehouse * * *; and
(4) each warehouse license amended, modified, extended, or
reinstated * * *. Such fees shall cover, as nearly as practicable,
the costs of providing such services and licenses * * * including
administrative and supervisory costs * * *
This proposed rule would add to and change the fees charged and
collected, discontinue publication of fee amounts in the Regulations
for Warehouses (7 CFR, chapter VII, subchapter c), and allow fees to be
adjusted annually in order to cover program costs. Fees that will be
charged beginning October 1, 1994, are contained below. When subsequent
fee changes become necessary, fees will be announced prior to July 1,
to be effective the following October 1, by Notice in the Federal
Register. ASCS' goal is to have the added and revised fees implemented
at the beginning of fiscal year 1995 due to the projection of a
continued shortfall in the USWA user fee account. Annual program
obligations require about $3.5 million.
If public comment leads the agency to reject fee increases, other
methods of statutory compliance would be required such as severe
manpower and service adjustments. Any changes must be implemented by
October 1, 1994. Because of budget constraints, it is imperative that
ASCS implement a final rule before October 1, 1994.
ASCS will consider all comments received regardless of whether the
comment addresses the addition, increase, or the method by which fees
will be announced. ASCS is requesting a 15-day comment period. Good
cause is shown for a priority notice and comment period of less than 60
days, because ASCS must implement these fees for 1995 fiscal year.
Affected parties should not be disadvantaged, because ASCS issued a
Notice requesting comments in the Federal Register on August 20, 1993
(58 FR 44320), and held several meetings with various warehousing
organizations. These organizations have alerted their members and
others as to the effect of this rule.
Proposed Warehouse and Service License Fees
Warehouse license fees for cotton, grain, tobacco, wool, dry beans,
nut, syrup, and cottonseed are proposed to be increased from $50 to
$65.
Service license fees issued to individuals and entities to inspect,
sample, grade, classify, or weigh commodities are proposed to be
increased from $20 to $26.
Proposed Warehouse Annual and Inspection Fees
The annual and inspection fees are outlined in the following tables
by the agricultural product stored. The inspection fees are based on
licensing a first-time applicant and adding space to an existing
license. The purpose of the inspection fee is to cover the cost of
licensing space while the annual fee is applicable to performing
unannounced inspection and is assessed independently of the inspection
fee.
------------------------------------------------------------------------
Cotton (in bales)
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Annual
fee for Annual
each fee for
warehouse each
location warehouse
Licensed capacity with a location
CCC without a
storage CCC
agreement storage
agreement
------------------------------------------------------------------------
1-20,000.......................................... $500 $1,000
20,001-40,000..................................... 650 1,300
40,001-60,000..................................... 800 1,600
60,001-80,000..................................... 1,000 2,000
80,001-100,000.................................... 1,250 2,500
100,001-120,000................................... 1,500 3,000
120,001-140,000................................... 1,750 3,500
140,001-160,000................................... 2,000 4,000
160,001 +......................................... 2,300 4,600
------------------------------------------------------------------------
Inspection fees will be charged at the rate of $65 for each 1,000 bales
of licensed capacity, or fraction thereof, but in no case less than
$130 nor more than $1,300.
------------------------------------------------------------------------
Grain (in bushels)
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Annual Annual
fee for fee for
each each
warehouse warehouse
location location
Licensed capacity with a without a
CCC CCC
storage storage
agreement agreement
------------------------------------------------------------------------
1-150,000......................................... $130 $260
150,001-250,000................................... 260 520
250,001-500,000................................... 390 780
500,001-750,000................................... 520 1,040
750,001-1,000,000................................. 650 1,300
1,000,001-1,200,000............................... 780 1,560
1,200,001-1,500,000............................... 910 1,820
1,500,001-2,000,000............................... 1,040 2,080
2,000,001-2,500,000............................... 1,170 2,340
2,500,001-5,000,000............................... 1,300 2,600
5,000,001-7,500,000............................... 1,430 2,860
7,500,001-10,000,000.............................. 1,560 3,120
10,000,001 +...................................... \1\1,560 \2\3,120
------------------------------------------------------------------------
\1\Plus $40 per million bushels above 10,000,000 or fraction thereof.
\2\Plus $80 per million bushels above 10,000,000 or fraction thereof.
Inspection fees will be charged at the rate of $13 for each 10,000
bushels or fraction thereof, but in no case less than $130 nor more
than $1,300.
------------------------------------------------------------------------
Dry Beans (in hundredweight)
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Annual
Licensed capacity fee
------------------------------------------------------------------------
1-90,000...................................................... $650
90,001-150,000................................................ 910
150,001-300,000............................................... 1,170
300,001-450,000............................................... 1,430
450,001-600,000............................................... 1,690
600,001-720,000............................................... 1,950
720,001-900,000............................................... 2,210
900,001-1,200,000............................................. 2,470
1,200,001-1,500,000........................................... 2,730
1,500,001-3,000,000........................................... 2,990
3,000,001 +................................................... 3,250
------------------------------------------------------------------------
Inspection fees will be charged at the rate of $13 for each 1,000
hundredweight, or fraction thereof, but in no case less than $130 nor
more than $650.
Tobacco and Wool
Annual fee: $13 for each 100,000 pounds of licensed capacity, or
fraction thereof, but in no case less than $520 nor more than $2,600.
Inspection fee: $13 for each 100,000 pounds of licensed capacity,
or fraction thereof, but in no case less than $130 nor more than $650.
Nuts
Annual fee: 13 cents for each short ton of licensed capacity, or
fraction thereof, but in no case less than $520 nor more than $2,600.
Inspection fee: $7 for each 100 short ton of licensed capacity, or
fraction thereof, of peanuts, and $13 for each 1,000 hundredweight, or
fraction thereof, of other nuts, but in no case less than $130 nor more
than $1,300.
Syrup
Annual fee: $4 for each 5,000 gallons of licensed capacity, or
fraction thereof, but in no case less than $520 nor more than $2,600.
Inspection fee: $4 for each 5,000 gallons, or fraction thereof, but
in no case less than $130 nor more than $650.
Cottonseed
Annual fee: $13 for each 1,000 short tons of licensed capacity, or
fraction thereof, but in no case less than $520 nor more than $2,600.
Inspection fee: $13 for each 1,000 short tons of licensed capacity,
or fraction thereof, but in no case less than $130 nor more than $650.
List of Subjects in 7 CFR Parts 735, 736, 737, 738, 739, 740, 741,
and 742
Administrative practice and procedure, Agricultural commodities,
Reporting and recordkeeping requirements, Surety bonds, Warehouses.
Accordingly, it is proposed that 7 CFR parts 735 through 742 be
amended as follows:
PART 735--COTTON WAREHOUSES
PART 736--GRAIN WAREHOUSES
PART 737--TOBACCO WAREHOUSES
PART 738--WOOL WAREHOUSES
PART 739--DRY BEAN WAREHOUSES
PART 740--NUT WAREHOUSES
PART 741--SIRUP WAREHOUSES
PART 742--COTTONSEED WAREHOUSES
1. The authority citation for 7 CFR parts 735, 736, 737, 738, 739,
740, 741, and 742 is revised to read as follows:
Authority: 7 U.S.C. 241 et seq.
2. Sections 735.50, 736.57, 737.48, 738.46, 739.55, 740.56, 741.48,
and 742.58 are revised to read as follows:
Sec. ________ License fees.
(a) Fees are collected in advance for each original, amended,
modified, extended, reinstated, or duplicate warehouseman's license;
and for each original, duplicate, or modified license issued to
inspect, sample, grade, classify, or weigh commodities.
(b) Fee changes, if applicable, will be announced by Notice in the
Federal Register on or before July 1, and effective the following
October 1.
3. Sections 735.51, 736.58, 737.49, 738.47, 739.56, 740.57, 741.49,
and 742.59 are revised to read as follows:
Sec. ________ Warehouse annual and inspection fees.
Warehousemen must pay:
(a) An annual fee which will be determined by computing the
capacity for each warehouse location under a single license and adding
those amounts together to determine the total due. The fee will be
assessed and payable when the warehouse bond is furnished in accordance
with these regulations, for acceptance by the Secretary and annually
thereafter on the bond renewal date. The capacity for each identifiable
location will be determined by the Secretary. The total capacity of all
locations may not exceed the capacity stated in the current license. An
identifiable location is a fully functional public warehouse as
determined by the Secretary. The annual fee a licensed warehouseman is
assessed may be adjusted by the amount Commodity Credit Corporation
(CCC) pays, if CCC has a storage contract or agreement with the
warehouseman.
(b) An inspection fee for each original and amendment inspection.
(c) An inspection fee at the rate of 100 percent of the annual fee
charged warehouses without a CCC storage agreement, in all cases where
the license has been suspended and the warehouseman has requested
reinstatement. No fee will be charged if the Secretary determines that
the suspension was not justified.
(d) A fee for each inspection requested by the warehouseman at the
rate of 100 percent of the annual fee charged warehouses without a CCC
storage agreement.
Signed at Washington, DC on May 13, 1994.
Grant Buntrock,
Administrator, Agricultural Stabilization and Conservation Service.
[FR Doc. 94-12261 Filed 5-18-94; 8:45 am]
BILLING CODE 3410-05-P