[Federal Register Volume 60, Number 20 (Tuesday, January 31, 1995)]
[Rules and Regulations]
[Pages 5835-5836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2219]



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 Rules and Regulations
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  Federal Register / Vol. 60, No. 20 / Tuesday, January 31, 1995 / 
Rules and Regulations  
[[Page 5835]]

DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration

7 CFR Parts 68 and 800 and Chapter VIII\1\


Name Change and Amendment of References To Reflect Establishment 
of the Grain Inspection, Packers and Stockyards Administration

ACTION: Final rule.

    \1\The authority to exercise the functions of the Secretary of 
Agriculture contained in the Agricultural Marketing Act of 1946, as 
amended (7 U.S.C. 1621-1627), concerning inspection and 
standardization activities related to grain and similar commodities 
and products thereof has been delegated to the Administrator, Grain 
Inspection, Packers and Stockyards Administration (7 U.S.C. 75a; 7 
CFR 68.5).
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SUMMARY: This rule amends 7 CFR parts 68 and 800 and chapter VIII to 
reflect the abolishment of the Federal Grain Inspection Service (FGIS) 
as an agency of the Department of Agriculture and the transfer of its 
program authority to a newly created agency, the Grain Inspection, 
Packers and Stockyards Administration (GIPSA).

EFFECTIVE DATE: January 31, 1995.

FOR FURTHER INFORMATION CONTACT:
George Wollam, GIPSA-FGIS, USDA, Room 0623 South Building, P.O. Box 
96454, Washington, DC, 20090-6454; FAX (202) 720-4628; telephone (202) 
720-0292.

SUPPLEMENTARY INFORMATION: Pursuant to Pub. L. 103-354, the Federal 
Crop Insurance Reform and Department of Agriculture Reorganization Act 
of 1994, the Secretary of Agriculture issued Secretary's Memorandum 
1010-1 (SM 1010-1), Reorganization of the Department of Agriculture on 
October 20, 1994. SM 1010-1 orders the abolition of the Federal Grain 
Inspection Service and the establishment of the Grain Inspection, 
Packers and Stockyards Administration, which assumes the function 
previously performed by FGIS. This rule amends 7 CFR parts 68 and 800 
and the heading of chapter VIII to bring Agency regulations into 
alignment with the Departmental reorganization.
    This rule relates to internal Agency management. Therefore, 
pursuant to 5 U.S.C. 553, notice of proposed rulemaking and opportunity 
for comment are not required, and this rule may be made effective less 
than 30 days after publication in the Federal Register. Further, since 
this rule relates to internal agency management, it is exempt from the 
provisions of Executive Order Nos. 12778 and 12868. Finally, this 
action is not a rule as defined by the Regulatory Flexibility Act. Pub. 
L. No. 96-354, and, thus, is exempt from the provisions of that Act.

List of Subjects in 7 CFR Parts 68 and 800

    Administrative practice and procedures, Grain inspection, and 
Agricultural commodities.

    For reasons set forth in the preamble and background, 7 CFR 
chapters I and VIII are amended as follows:

CHAPTER I--[AMENDED]

PART 68--REGULATIONS AND STANDARDS FOR INSPECTION AND CERTIFICATION 
OF CERTAIN AGRICULTURAL COMMODITIES AND THEIR PRODUCTS

    1. The authority citation for Part 68 continues to read as follows:

    Authority: Secs. 202-208, 60 Stat. 1087, as amended (7 U.S.C. 
1621 et seq.).

    2. Section 68.1 is amended by revising paragraphs (b)(2) and 
(b)(43) to read as follows:


Sec. 68.1  Meaning of terms.

* * * * *
    (b) * * *
    (2) Administrator. The Administrator of the Grain Inspection, 
Packers and Stockyards Administration or any person to whom the 
Administrator's authority has been delegated.
* * * * *
    (43) Service. The Federal Grain Inspection Service of the Grain 
Inspection, Packers and Stockyards Administration of the United States 
Department of Agriculture.
* * * * *
CHAPTER VIII--GRAIN INSPECTION, PACKERS AND STOCKYARD ADMINISTRATION 
(FEDERAL GRAIN INSPECTION SERVICE), DEPARTMENT OF AGRICULTURE
    1. The heading of the 7 CFR chapter VIII is revised to read as set 
forth above.

PART 800--GENERAL REGULATIONS

    2. 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.)

    3. Section 800.0 is amended by revising paragraphs (b)(3) and 
(b)(91) to read as follows:


Sec. 800.0  Meaning of terms.

* * * * *
    (b) * * *
    (3) Administrator. The Administrator of the Grain Inspection, 
Packers and Stockyards Administration or any person to whom authority 
has been delegated.
* * * * *
    (91) Service. The Federal Grain Inspection Service of the Grain 
Inspection, Packers and Stockyards Administration of the United States 
Department of Agriculture.
* * * * *


Sec. 800.0  [Amended]

    4. Section 800.0 is further amended by removing footnote 1.
    5. Section 800.2 is revised to read as follows:


Sec. 800.2  Administrator.

    The Administrator is delegated, from the Secretary, responsibility 
for administration of the United States Grain Standards Act and 
responsibilities under the Agricultural Marketing Act of 1946 (7 U.S.C. 
1621 et seq.). The Administrator is responsible for the establishment 
of policies, guidelines, and regulations by which the Service is to 
carry out the provisions of the Act and the Agricultural Marketing Act 
of 1946. The regulations promulgated under the Agricultural Marketing 
Act of 1946 appear at part 68 of this title (7 CFR part 68). The 
Administrator is authorized by the Secretary to take any action 
required by law or considered to be necessary and proper to the 
discharge of the functions and services under the Act. The 
Administrator may delegate authority to the Deputy Administrator and 
other appropriate officers and [[Page 5836]] employees. The 
Administrator may, in emergencies or other circumstances which would 
not impair the objectives of the Act, suspend for period determined by 
the Administrator any provision of the regulations or official grain 
standards. The Administrator may authorize research; experimentation; 
and testing of new procedures, equipment, and handling techniques to 
improve the inspection and weighing of grain. The Administrator may 
waive the official inspection and official weighing requirements 
pursuant to Section 5 of the Act.
    6. Section 800.7 is revised to read as follows:


Sec. 800.7  Information about the Service, Act, and regulations.

    Information about the Grain Inspection, Packers and Stockyards 
Administration, Service, Act, regulations, official standards, official 
criteria, rules of practice, instructions, and other matters related to 
the official inspection or Class X or Class Y weighing of grain may be 
obtained by telephoning or writing the U.S. Department of Agriculture, 
Grain Inspection, Packers and Stockyards Administration, P.O. Box 
96454, Washington, D.C. 20090-6454, or any field office or agency of 
the Service.
    7. In Sec. 800.8 paragraphs (b), (d), and (e) are revised to read 
as follows:


Sec. 800.8  Public information.

* * * * *
    (b) Public inspection and copying. Materials maintained by the 
Service, including those described in 7 CFR 1.5, will be made 
available, upon a request which has not been denied, for public 
inspection and copying at the U.S. Department of Agriculture, Grain 
Inspection, Packers and Stockyards Administration, at 14th Street and 
Independence Avenue, SW., Washington, D.C. 20250. The public may 
request access to these materials during regular working hours, 8:00 
a.m. to 4:30 p.m., est, Monday through Friday except for holidays.
* * * * *
    (d) Requests for records. Requests for records under 5 U.S.C. 
552(a)(3) shall be made in accordance with 7 CFR 1.6 and shall be 
addressed as follows: Office of the Administrator, Grain Inspection, 
Packers and Stockyards Administration; FOIA Request, U.S. Department of 
Agriculture, P.O. Box 96454, Washington, D.C. 20090-6454.
* * * * *
    (c) Appeals. Any person whose request under paragraph (d) of this 
section, is denied shall have the right to appeal such denial in 
accordance with 7 CFR 1.13. Appeals shall be addressed to the 
Administrator, Grain Inspection, Packers and Stockyards Administration, 
FOIA Appeal, P.O. Box 96454, Washington, D.C. 20090-6454.

    Dated: January 24, 1995.
James R. Baker,
Administrator.
[FR Doc. 95-2219 Filed 1-30-95; 8:45 am]
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