[Federal Register Volume 60, Number 230 (Thursday, November 30, 1995)]
[Proposed Rules]
[Pages 61499-61504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29115]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 60, No. 230 / Thursday, November 30, 1995 /
Proposed Rules
[[Page 61499]]
DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and Stockyards Administration
7 CFR Part 800
RIN 0580-AA40
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
a change in the way it collects user fees for official inspection and
weighing services performed in the United States under the United
States Grain Standards Act (USGSA), as amended. Currently, FGIS
assesses fees on an hourly basis. The proposed fee structure
establishes fees for specific services using hourly rates and/or unit
fees. This structure will provide customers with information to better
assess the cost of specific services and allow FGIS to pass savings (in
the form of fewer billable hours) to customers who invest in
operational efficiencies. The proposed fee structure does include a 4
percent increase to recover salary increases.
DATE: Comments must be received on or before January 29, 1996.
ADDRESSES: Written comments must be submitted to George Wollam, USDA,
GIPSA, Room 0623 South Building, P.O. Box 96454, Washington, DC 20090-
6454, 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, DC 20090-6454 (7 CFR 1.27 (b)).
FOR FURTHER INFORMATION CONTACT: George Wollam, at above address or
telephone (202) 720-0292.
SUPPLEMENTARY INFORMATION:
Executive Order 12866 and Regulatory Flexibility Act
This rule has been determined to be significant for the purposes of
Executive Order 12866 and therefore has been reviewed by the Office of
Management and Budget.
The proposed change in the way user fees are collected will provide
customers with information to better assess the costs of specific
inspection services because the fees will be more service specific than
under the current hourly rate. Further, it will allow savings to be
passed on to users of the service who invest in operational
efficiencies. Currently, applicants choose only those services they
want, but individual service costs are supported by the hourly rate
without segregation. Fiscal year 1993 financial and volume data were
used in developing the proposed fee structure. While certain fees are
increased and new fees are established, the revenue generated using the
fiscal year 1993 data is equivalent to the $23,192,178 collected that
year.
The proposed fee structure does include a 4 percent increase to
recover salary increases since 1993 and would have generated sufficient
revenue to cover costs for fiscal year 1994 and the anticipated costs
for fiscal year 1995. For information, fiscal year 1994 revenues were
$20,662,062 with obligations of $21,415,400. For the first half of
fiscal year 1995, revenues were $11,691,695 with obligations of
$12,027,624. Obligations include buy out costs, along with costs
associated with office consolidations.
Presently, users of the inspection service are charged on an hourly
basis. This hourly rate includes the salary and benefits for each
service representative providing the service as well as a portion of
overhead and program support costs. The overall cost of a wide variety
of services, e.g., grading, weighing, wheat protein measurement,
soybean protein and oil measurement, and aflatoxin detection, are
averaged together and recovered through an hourly service rate. Under
the proposed system, customers will be charged a lower base hourly rate
plus a unit fee to cover the cost of the specific service they request
such as wheat protein. Overhead and program support costs will be
recovered through a per-metric-ton volume fee assessed on all grain
loaded from a facility.
This rule may have an economic impact on infrequent users of the
service. FGIS incurs difficulty balancing costs and revenue in some
locations where customers desire local FGIS service capability but use
the service infrequently. The proposed fee schedule is designed to
shift the cost of non-revenue producing time to those users responsible
for incurring it. Consequently, infrequent users of the service may
find the net effect of the proposed hourly fees and per-metric- ton
administrative fee increases their total per-metric-ton cost for
inspection service. Conversely, highly efficient and/or high-volume
users of the service may realize a decrease in their per-metric- ton
cost for inspection service, due to the reduced contract hourly rate,
and the use of an administrative fee to cover overhead and program
support expenses. Additional information provided in an impact
assessment will be provided upon request.
James R. Baker, Administrator, GIPSA, has determined that this
proposed action will not have a significant economic impact on a
substantial number of small entities.
Executive Order 12778
This proposed rule has been reviewed under Executive Order 12778,
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 rule.
There are no administrative procedures which must be exhausted prior to
any judicial challenge to provisions of this rule.
Regulatory Flexibility Act Certification
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.) because most users of the
official inspection and weighing services do not meet the requirements
for small entities. FGIS is required by
[[Page 61500]]
statute to make services available and to recover costs of providing
such services as nearly as practicable.
Information Collection and Recordkeeping Requirements
The requirement to collect information included in this notice of
proposed rulemaking has been submitted to the Office of Management and
Budget for review in accordance with the Paperwork Reduction Act (44
U.S.C. 3504(h)). The additional requirement results from FGIS providing
an opportunity for the service customers to pay the proposed
administrative costs in 12 equal payments. Comments on the collection
of information should be sent to the Office of Management and Budget,
Attn.: Desk Officer for the Department of Agriculture, Office of
Information and Regulatory Affairs, Washington, DC 20224.
The additional collection of information is required by FGIS to
provide the necessary information to collect and assess fees. FGIS,
under the USGSA, is required to recover the cost of providing
inspection and weighing services through the assessment of fees on the
requestor of the services. The respondents are users of FGIS inspection
and weighing services.
The estimated annual increase in reporting burden is 14.4 hours.
The estimated annual burden per respondent is .43 hours.
The estimated number of respondents is 12.
The estimated annual frequency of responses is 4 times per year.
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's costs for performing these
services, including related administrative and supervisory costs.
The current USGSA fees became effective on May 20, 1991 (56 FR
15803). They appear in 7 CFR 800.71, Schedule A, Fees for Official
Inspection, Weighing, and Appeal Inspection Services Performed in the
United States. FGIS currently provides service on an hourly basis with
provisions for contract and noncontract rates. Hourly fees provide cost
recovery for all direct and indirect costs.
Over the years, technology has expanded the variety of testing
services available at local service points and has reduced the number
of service representatives required to provide service, especially
export inspection and weighing service. These changes have enabled FGIS
to provide improved and expanded services while maintaining a
relatively constant cost to the grain industry when viewed as a cost
per-metric-ton of grain exported. However, this trend toward increased
services and fewer billable hours due to advances in technology makes
it increasingly difficult to recover costs using an hourly rate basis.
The intent of the proposed change in the manner of fee collection
is (1) to permit customers to realize more directly the costs of
services requested and (2) to compensate FGIS for the imbalance between
costs and revenue created due to technology, enabling a reduction in
FGIS' direct costs and the corresponding billable hours at a greater
rate than the reduction of indirect costs.
Proposed Action
FGIS proposes to: 1. Withdraw the Interim Final Rule: Fees for
Official Inspection and Weighing Service published January 8, 1993 (58
FR 3213) and placed on indefinite hold pending review of need on
January 23, 1993 (58 FR 5255).
2. Revise Sec. 800.71, Schedule A--Fees for Official Inspection,
Weighing, and Appeal Inspection Services Performed in the United
States. Instead of one schedule covering all services, three tables are
being proposed. The proposed tables are: 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.''
Schedule A, Table 1. This table covers all services performed
onsite at an applicant's facility and continues the existing provision
for using contract and noncontract hourly rates. The hourly rates were
calculated to include only those costs directly related to labor and do
not include overhead. The current 1 year contract will be retained, but
provisions have been included for 3- and 6-month contracts. FGIS will
evaluate the use of 3- and 6-month contracts after 1 year to determine
if they shall be continued. The rate differences between 1-year, 6-
month, and 3-month contracts reflect the predicted costs associated
with increased staff production under a contract.
1. Hourly Rates. The proposed new hourly rates will be divided into
four categories related to how FGIS employees are paid: regular time (6
a.m. to 6 p.m.), 10 percent night differential (6 p.m. to 6 a.m.),
overtime at 1-1/2 the regular hourly rate (for applicant-caused or
requested overtime), and holiday rates at double the regular hourly
rate (all hourly rates other than those of regular time are calculated
using only the average base hourly rate, this does not include
personnel benefits).
2. Additional Tests. Additional unit fees are being proposed for
certain tests such as Aflatoxin, Vomitoxin, Soybean protein and/or oil,
Sunflower oil, Wheat protein, Waxy corn, and Class Y weighing. These
fees will recover additional costs incurred such as testing materials,
equipment, and hazardous waste disposal which are not recovered through
the hourly fee or administrative fee.
3. Administrative Fee. A per metric ton administrative charge is
being proposed to recover the indirect costs of FGIS field offices and
headquarters such as the salaries and benefits for office management
and support staff, and rent. This charge will be assessed on all
outbound grain inspected and/or weighed at an applicant's facility. Six
levels of fees are being proposed ranging from 1 metric ton or less to
over 7,000,001 metric tons with fees decreasing as the number of metric
tons inspected increases. The charge will be assessed in addition to
the base hourly rate. At the beginning of each fiscal year (October 1),
all applicants will pay the same per-metric-ton fee. Once a level has
been reached, the fee for additional metric tons will be reduced until
the maximum volume level is reached. Inspections performed on grain
that cannot be captured as part of the metric ton charge will have a
unit fee assessed in addition to the hourly rate to recover overhead
costs. Inspections such as submitted samples, factor only and sacked
grain are included.
Schedule A, Table 2, covers fees for inspection and weighing
services where FGIS does not have an onsite laboratory at an
applicant's facility. The fees proposed in this table are a mixture of
hourly rates and unit fees. They cover a vast array of specific
services presently provided under the current hourly rates. The hourly
rates applied in Table 2 will be the appropriate rates from Table 1
unless specific hourly rates are identified. Unit fees cover the time
required to perform the service plus a portion for overhead. The types
of service provided under these fees include: inspection for grade and
factor for specific carriers probe sampled or sampled online,
additional services and testing (i.e., individual tests), Board appeals
and appeals, weighing (Class X and Y), and stowage examinations.
Schedule A, Table 3, provides fees to cover a variety of services
not included in the previous tables. As with Table 2,
[[Page 61501]]
the proposed change in the fee structure from an hourly fee that
recovers all costs to a service-specific fee structure requires a
listing of specific services currently funded by the hourly rate. These
service-specific fees will be a mixture of hourly rates and unit fees
and will apply to: Grain Grading Seminars, Certification of Diverter
Samplers, Special Weighing Services: Scale Testing and Certification,
Evaluation of Weighing and Material Handling Systems, National Type
Evaluation Program (NTEP) Prototype Evaluation, NTEP Prototype
Evaluation of Railroad Track Scales, Mass Standards Calibration and
Reverification, Special Projects, Foreign Travel, On Line Customized
Data Export Grain Information System (EGIS) Service, Samples Provided
to Interested Parties, Divided-Lot Certificates, Extra Copies of
Certificates, Faxing, Special Mailing, and Preparing Certificates
Onsite.
Further, FGIS is proposing to establish a unit fee to recover
expenses incurred when FGIS employees are requested to provide
consulting services outside the United States. Currently, there is no
fee for recovering costs of salary, travel, per diem, and related costs
which is not related to an official service provided on a shipment of
grain at the time of export from the United States. For example, an
exporter may ask for an FGIS microbiologist to consult with
microbiologists in an importing country to resolve a dispute on the
presence of grain fungi; or a USDA cooperator may request an FGIS
inspector to conduct training for inspectors in an importing country.
FGIS is also proposing corresponding changes to Secs. 800.72 and
800.73 of the regulations to further clarify the application of fees
covered in Schedule A. Specifically, service provided under Schedule A
will cover service provided within 25 miles of the employee's assigned
duty point. Travel, per diem, and other related costs will be assessed
for providing service beyond the 25-mile limit. A minimum fee will be
established for services identified in Table 2 performed outside of
normal business hours Monday through Friday.
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 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 800.71 is revised to read as follows:
Sec. 800.71 Fees assessed by the Service.
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\
(1) Inspection and Weighing Services
Hourly Rates
[Per Service Representative]
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Monday to Monday to
Friday (6 Friday (6 Saturday,
a.m to 6 p.m. to 6 Sunday, and Holidays
p.m.) a.m.) overtime
--------------------------------------------------------------------------------------------\2\-----------------
1-year contract............................................. $23.00 $24.80 $32.40 $39.00
6-month contract............................................ 25.00 26.80 34.40 43.60
3-month contract............................................ 28.00 29.80 37.40 46.60
Noncontract................................................. 33.00 35.00 42.80 52.60
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(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
[[Page 61502]]
(ii) Additional services (assessed in addition to all
other fees) \3\
(a) Submitted sample (per sample--grade and
factor).......................................... 1.50
(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 (1).
\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)........ $17.60
(b) Railcar (per carrier)........................ 27.00
(c) Barge (per carrier).......................... 173.60
(d) Sacked grain (per hour per service
representative plus an administrative fee per
hundred weight)................................. 0.02 CWT
(iii) Lots sampled online during loading (sampling
charge under (i) above plus):
(a) Truck/trailer container (per carrier)........ 9.40
(b) Railcar (per carrier)........................ 18.80
(c) Barge (per carrier).......................... 107.60
(d) Sacked grain (per hour per service
representative plus an administrative fee per
hundred weight)................................. 0.02 CWT
(iv) Other services
(a) Submitted sample (per sample--grade and
factor)......................................... 10.00
(b) Warehouseman inspection (per sample)......... 17.00
(c) Factor only (per factor--maximum 2 factors).. 4.10
(d) Checkloading/condition examination (use
hourly rates from Table 1, plus an
administrative fee per hundred weight if not
previously assessed)............................ 0.02 CWT
(e) Reinspection (grade and factor only. Sampling
service additional, item (i) above)............. 11.00
(f) Class X Weighing (per hour per service
representative)................................. 43.60
(v) Additional tests (excludes sampling)
(a) Aflatoxin (per test--other than TLC method).. 25.00
(b) Aflatoxin (per test--TLC method)............. 100.50
(c) Soybean protein and oil (one or both)........ 7.80
(d) Wheat protein (per test)..................... 7.80
(e) Sunflower oil (per test)..................... 7.80
(f) Vomitoxin (qualitative)...................... 25.00
(g) Vomitoxin (quantitative)..................... 30.00
(h) Waxy corn (per test)......................... 9.00
(i) Canola (per test--00 dip test)............... 9.00
(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)..... 74.60
(a) Factor only (per factor--max 2 factors)...... 38.00
(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)......... 25.00
(b) Aflatoxin (TLC).............................. 110.00
(c) Soybean protein and oil (one or both)........ 15.30
(d) Wheat protein (per test)..................... 15.30
(e) Sunflower oil (per test)..................... 15.30
(f) Vomitoxin (per test--qualitative)............ 35.00
(g) Vomitoxin (per test--quantitative)........... 40.00
(h) Vomitoxin (per test--HPLC Board Appeal)...... 125.70
(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....... 63.50
representativ
e)
(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 61503]]
(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 are found in Sec. 800.72 (1).
\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\ \3\
(1) Grain grading seminars (per hour per service
representative)........................................... $43.60
(2) Certification of diverter-type mechanical samplers (per
hour per service representative).......................... 43.60
(3) Special weighing services (per hour per service
representative)
(i) Scale testing and certification.................... 43.60
(ii) Evaluation of weighing and material handling
systems............................................... 43.60
(iii) NTEP Prototype evaluation (other than Railroad
Track Scales)......................................... 43.60
(iv) NTEP Prototype evaluation of Railroad Track Scales
(plus usage fee per day for test car)................. 43.60
100.00
(v) Mass standards calibration and reverification...... 43.60
(vi) Special projects.................................. 43.60
(4) Foreign travel (per day per service representative).... 416.00
(5) On line 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 $43.60
per hour.
\2\ Regular business hours-Monday thru Friday-service provided at other
than regular hours charged at the applicable overtime hourly rate.
3. Section 800.72 is revised to read as follows:
Sec. 800.72 Explanation of additional service fees for services
performed in the United States only.
(a) When transportation of the service representative to the
service location (at other than a specified duty point) is more than 25
miles from an FGIS office, the actual transportation cost in addition
to the applicable hourly rate for each service representative will be
assessed from the FGIS office to the service point and return. When
commercial modes of transportation (e.g., airplanes) are required, the
actual expense incurred for the round-trip travel will be assessed.
When services are provided to more than one applicant, the travel and
other related charges will be prorated between applicants.
(b) In addition to a 2-hour minimum charge for service on
Saturdays, Sundays, and holidays, an additional charge will be assessed
when the revenue from the services in Schedule A, Table 2, does not
equal or exceed what would have been collected at the applicable hourly
rate. The additional charge will be the difference between the actual
unit fee revenue and the hourly fee revenue. Hours accrued for travel
and standby time shall apply in determining the hours for the minimum
fee.
4. Section 800.73 is revised to read as follows:
Sec. 800.73 Computation and payment of service fees; general fee
information.
(a) Computing hourly rates. The applicable hourly rate will be
assessed in quarter hour increments for:
(1) Travel from the FGIS field office or assigned duty station to
the service point and return;
(2) The performance of the requested service, less mealtime.
(b) Application of fees when service is delayed or dismissed by the
applicant. The applicable hourly rate will be assessed for the entire
period of scheduled service when:
(1) Service has been requested at a specified location;
(2) A service representative is on duty and ready to provide
service but is unable to do so because of a delay not caused by the
Service; and
(3) FGIS officials determine that the service representative cannot
be utilized to provide service elsewhere without cost to the Service.
(c) Application of fees when an application for service is
withdrawn or dismissed. The applicable hourly rate will be assessed to
the applicant for the entire period of scheduled service if the request
is withdrawn or dismissed after the service representative departs for
the service point, or if the service request is not canceled by 2 p.m.,
local time, the business day preceding the date of scheduled service.
However, the applicable hourly rate will not be assessed to the
applicant if FGIS officials determine that the service representative
can be utilized elsewhere or released without cost to the Service.
(d) To whom fees are assessed. Fees for inspection, weighing, and
related services performed by service representatives, including
additional fees as provided in Sec. 800.72, shall be assessed to and
paid by the applicant for the service.
(e) Monthly payment of administrative fee. At the option of the
applicant, an agreement for 12 equal monthly payments may be entered
into for payment of the administrative fee. These monthly payments will
be based on the previous fiscal year's volume applied to the current
year's administrative fee schedule. If the volume of grain inspected is
more than the amount of grain agreed upon at the beginning of the
fiscal year, at the point the agreed upon volume is exceeded, the
current year's administrative fee schedule shall apply to the remaining
amount of grain for the rest of the fiscal
[[Page 61504]]
year. If the volume of grain inspected is less than the agreed upon
amount, any excess monies paid to the Service shall be applied to the
next fiscal year's administrative fee unless a request for a refund is
made by the applicant.
(f) Advance payment. As necessary, the Administrator may require
that fees shall be paid in advance of the performance of the requested
service. Any fees paid in excess of the amount due shall be used to
offset future billings, unless a request for a refund is made by the
applicant.
(g) Form of payment. Bills for fees assessed under the regulations
for official services performed by FGIS shall be paid by check, draft,
or money order, payable to the U.S. Department of Agriculture, Grain
Inspection, Packers and Stockyards Administration.
Dated: November 22, 1995.
James R. Baker,
Acting Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 95-29115 Filed 11-29-95; 8:45 am]
BILLING CODE 3410-EN-P