[Federal Register Volume 60, Number 148 (Wednesday, August 2, 1995)]
[Rules and Regulations]
[Pages 39242-39243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18905]



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DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and Stockyards Administration

7 CFR Part 800


Official/Unofficial Weighing Service

AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA.

ACTION: Direct final rule.

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SUMMARY: In compliance with the requirements for periodic review of 
existing regulations and the President's Regulatory Review Initiative, 
the Federal Grain Inspection Service (FGIS), of the Grain Inspection, 
Packers and Stockyards Administration (GIPSA) is amending portions of 
Part 800, General Regulations under the United States Grain Standards 
Act, as amended (USGSA) to allow official agencies to provide both 
official and unofficial weighing within their assigned area of 
responsibility but not at the same facility. This action will make 
official Class X and Class Y weighing services more readily available 
at a lower cost to the grain industry at nonexport locations.

DATES: This rule will be effective on October 2, 1995. Unless we 
receive written adverse comments or written notice of intent to submit 
adverse comments on or before September 1, 1995.

ADDRESSES: Please send any adverse comments or notice of intent to 
submit adverse comments to George Wollman, GIPSA-FGIS, USDA, Room 0623-
S, P.O. Box 96454, Washington, D.C. 20090-6454; FAX (202) 720-4628. All 
comments received will be made available for public inspection at the 
above address during business hours (7 CFR 1.27(b)).

FOR FURTHER INFORMATION CONTACT:

George Wollman, address as above, telephone (202) 720-0292.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This rule has been determined to be not-significant for the 
purposes of Executive Order 12866 and therefore has not been reviewed 
by OMB.

Executive Order 12778

    This amended 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 Act. Otherwise, this 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

    James R. Baker, Administrator, GIPSA, has determined that this 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 that perform those services do not meet the 
requirements for small entities as defined in the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.). Further, the standards are 
applied equally to all entities.

Information Collection and Record Keeping Requirement

    In compliance with the Paperwork Reduction Act of 1980 (44 U.S.C. 
chapter 35), the information collection and Record keeping requirements 
in Part 800 have been approved previously by OMB and assigned OMB No. 
0580-0013.

Background

    Enactment of the United States Grain Standards Act of 1976, as 
amended, required FGIS to establish a national weighting program for 
gain. Regulations under the USGSA prohibit designated agencies or 
official personnel from providing official services if they provide 
similar unofficial services. Designated agencies are agencies granted 
authority under the USGSA to provide either official inspection 
service, or Class X or Class Y weighing services or both, at locations 
other than export port locations. A large portion (88%) of the 
designated agencies are designated for inspection services only. The 
reason is that before 1976 most grain inspection agencies were already 
providing weighing as an accessory service to grain inspection. The 
agencies were affiliated with and supervised by the then existing 
weighting and inspection bureaus under the direction of the Association 
of American railroads, local grain exchanges, boards of trade, and 
various State programs. After the FGIS weighting programs started, the 
weighing being performed by the grain inspection agencies became 
unofficial weighing. Most agencies continued their unofficial weighing 
and applied for inspection designations only.
    Since 1976 many inspection and weighing bureaus, boards of trade, 
and the Association of American Railroads have ceased providing 
supervision of this unofficial service. Because of the decreasing 
availability of supervision caused by the lack of supervising entities, 
the need for more access to Class X or Class Y weighing exists. If 
allowed to provide both types of service, 

[[Page 39243]]
many more agencies who are now designated for inspection only could 
also provide official weighing service. Designated agencies can provide 
Class X and Class Y weighing at a much lower cost than FGIS field 
offices due to their proximity to the grain facilities.
    FGIS initially did not allow agencies to provide both types of 
service because confusion may have resulted on the part of the grain 
industry and agency licensees on which type of service the agency was 
providing.
    FGIS has reevaluated this policy because of the distinct 
differences in the services. Primary differences between official and 
unofficial weighing are: (1) Official weighing requires an officially 
tested scale; (2) FGIS has established procedures to maintain proper 
operation and accurate weighing; (3) FGIS provides an official grain 
weight certificate certifying the accuracy of weighing. This rule 
continues to separate official and unofficial weighing service by not 
allowing agencies to provide both types of service at the same 
facility.
    This rule does not change the requirements for inspection services. 
FGIS proposes to change only the weighing provisions of the 
regulations.
    We are publishing this rule without a prior proposal because we 
regularly update the regulations and view this action as 
noncontroversial and anticipate no adverse public comment. This rule 
will be effective, as published in this document, 60 days after the 
date of publication in the Federal Register unless we receive written 
adverse comments or written notice of intent to submit adverse comments 
within 30 days of the date of publication of this rule in the Federal 
Register.
    Adverse comments are comments that suggest the rule should not be 
adopted or suggest the rule should be changed. If we receive written 
adverse comments or written notice of intent to submit adverse 
comments, we will publish a notice in the Federal Register withdrawing 
this rule before the effective date. We will then publish a proposed 
rule for public comment. Following the close of that comment period, 
the comments will be considered, and a final rule addressing the 
comments will be published.
    As discussed above, if we receive no written adverse comments nor 
written notice of intent to submit adverse comments within 30 days of 
publication of this direct final rule, this direct final rule will 
become effective 60 days following its publication. We will publish a 
notice to this effect in the Federal Register, before the effective 
date of this direct final, confirming that it is effective on the date 
indicated in this document.

Direct Final Action

List of Subjects in 7 CFR Part 800

    For reasons set forth in the preamble, 7 CFR Part 800 is amended 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 800.76(a) is revised as follows:


Sec. 800.76  Prohibited Services; restricted services.
    (a) Prohibited services. No agency shall perform any inspection 
function or provide any inspection service on the basis of unofficial 
standards, procedures, factors, or criteria if the agency is designated 
or authorized to perform the service or provide the service on an 
official basis under the Act. No agency shall perform official and 
unofficial weighing on the same mode of conveyance at the same 
facility.
* * * * *
    3. Section 800.186(c)(3) introductory text is revised to read as 
follows:


Sec. 800.186  Standards of conduct.

    (c) * * *
    (3) Excluding the unofficial weighing described in Sec. 800.76(a) 
engage in any outside (unofficial) work or activity that:
* * * * *
    4. Section 800.195(f)(5)(ii) is revised to read as follows:


Sec. 800.195  Delegations.

    (f) * * *
    (5) * * *
    (ii) Unofficial activities. Excluding the unofficial weighing 
described in Sec. 800.76(a) delegated State or personnel employed by 
the State shall not perform any unofficial service that is the same as 
any of the official services covered by the delegation.
* * * * *
    6. Section 800.196(g)(6)(ii) is revised to read as follows:


Sec. 800.196  Designations.

    (g) * * *
    (6) * * *
    (ii) Unofficial activities. Excluding the unofficial weighing 
described in Sec. 800.76(a) the agency or personnel employed by the 
agency shall not perform any unofficial service that is the same as the 
official services covered by the designation.
* * * * *
    Dated: July 25, 1995.
James R. Baker,
Administrator, Grain Inspection, Packers and Stockyards Administration.
[FR Doc. 95-18905 Filed 8-1-95; 8:45 am]
BILLING CODE 3410-EN-M