[Federal Register Volume 60, Number 243 (Tuesday, December 19, 1995)]
[Rules and Regulations]
[Pages 65235-65236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30593]



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 Rules and Regulations
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  Federal Register / Vol. 60, No. 243 / Tuesday, December 19, 1995 / 
Rules and Regulations  

[[Page 65235]]


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: Final rule.

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

SUMMARY: 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). The action is 
being taken to reinstate the regulations contained in 7 CFR Part 800 
prior to the effective date of the direct final rule that was published 
in the Federal Register on August 2, 1995 (60 FR 39242). The action is 
necessary because we received adverse comments on the direct final 
rule, and we were unable to withdraw it before the effective date. We 
will follow this action with a proposed rule to provide adequate 
opportunity to comment on proposed changes contained in the direct 
final rule.

DATES: December 19, 1995.

FOR FURTHER INFORMATION CONTACT:
George Wollam, USDA-GIPSA, Room 0623-South Building, 1400 Independence 
Avenue, S.W., Washington, D.C. 20090-6454, telephone (202) 720-0292.

SUPPLEMENTARY INFORMATION: 

Executive Order 12866

    This rule has been determined to be not-significant for the purpose 
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 
restriction 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 Recordkeeping Requirements

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

Background

    The direct final rule published August 2, 1995, (60 FR 39242) 
notified the public of amendments to those regulations that prohibit 
official agencies to provide official weighing service when they 
provide similar unofficial service. GIPSA had planned to allow agencies 
to do both official and unofficial weighing within their assigned 
areas. Two written adverse comments in response to the direct final 
rule were received. The direct final rule was inadvertently not 
withdrawn prior to its effective date. The rule became effective on 
October 2, 1995. This final rule amends the regulations by reinstating 
the regulations that were in effect prior to the effective date of the 
direct final rule. The agency now plans to publish a proposed rule for 
public comment before taking further action to change the regulations.
    Pursuant to 5 U.S.C. 553, it also found and determined that, upon 
good cause, it is impracticable, unnecessary and contrary to the public 
interest to give preliminary notice or to engage in further public 
procedure prior to implementing this action and that good cause exist 
for not postponing the effective date of this action until 30 days 
after publication in the Federal Register because: (1) This action 
reinstates the regulations prior to effective date of the direct final 
rule the was inadvertently not withdrawn; and (2) a proposed rule will 
be published before any further changes to the regulations are made and 
the public will be afforded the opportunity to comment.

Final Action

List of Subjects in 7 CFR Part 800

    Administrative practice and procedure, Conflict of interests, 
Intergovernmental relations, Penalties, Reporting and recordkeeping 
requirements.

    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 function or 
provide any 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.
* * * * *
    3. Section 800.186(c)(3) introductory text is revised to read as 
follows:


Sec. 800.186  Standards of conduct.

* * * * *
    (c) * * *
    (3) 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.

* * * * *

[[Page 65236]]

    (f) * * *
    (5) * * *
    (ii) Unofficial activities. The 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.
    5. Section 800.196(g)(6)(ii) is revised to read as follows:


Sec. 800.196  Delegations

* * * * *
    (g) * * *
    (6) * * *
    (ii) Unofficial activities. 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: December 8, 1995.
James R. Baker,
Administrator.
[FR Doc. 95-30593 Filed 12-18-95; 8:45 am]
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