[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]



 ========================================================================
 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.
 
 ========================================================================
 

  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.

-----------------------------------------------------------------------

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]                                          
----------------------------------------------------------------------------------------------------------------
                                                               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
----------------------------------------------------------------------------------------------------------------


(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