[Federal Register Volume 61, Number 48 (Monday, March 11, 1996)]
[Proposed Rules]
[Pages 9654-9655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5715]
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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. 61, No. 48 / Monday, March 11, 1996 /
Proposed Rules
[[Page 9654]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 52
[FV-96-326]
Processed Fruits and Vegetables, Processed Products Thereof, and
Certain Other Processed Food Products Regulations Governing Inspection
and Certification
AGENCY : Agricultural Marketing Service, USDA.
ACTION : Proposed rule.
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SUMMARY: This document would revise the Regulations Governing
Inspection and Certification of Processed Fruits and Vegetables and
Certain Other Products \1\ by increasing the lot inspection and less
than year round fees charged for the inspection of processed fruits and
vegetables and certain other products. These revisions are necessary in
order to recover, as nearly as practicable, the costs of performing
inspection services under the Agricultural Marketing Act of 1946.
\1\ May include the following: Honey; molasses, except for
stockfeed; nuts and nut products, except oil; sugar (cane, beet, and
maple); sirups (blended), sirups, except from grain; tea, cocoa,
coffee, spices, condiments.
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DATES: Comments must be received on or before April 10, 1996.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposal. Comments must be sent in duplicate to the
Office of the Branch Chief, Processed Products Branch, Fruit and
Vegetable Division, Agricultural Marketing Service, U.S. Department of
Agriculture, P.O. Box 96456, Room 0709 South Building, Washington, D.C.
20090-6456. Comments should note the date and page number of this issue
of the Federal Register and will be made available for public
inspection in the office of the Branch Chief during regular business
hours.
FOR FURTHER INFORMATION CONTACT: Mr. James R. Rodeheaver, Branch Chief,
Processed Products Branch, Fruit and Vegetable Division, Agricultural
Marketing Service, U.S. Department of Agriculture, P.O. Box 96456, Room
0709 South Building, Washington, D.C. 20090-6456, Telephone (202) 720-
4693.
SUPPLEMENTARY INFORMATION: This proposed rule has been determined to be
not significant for purposes of Executive Order 12866, and therefore
has not been reviewed by the Office of Management and Budget.
This proposed rule has been reviewed under Executive Order 12778,
Civil Justice Reform. This action is not intended to have retroactive
effect. This rule would not preempt any State or local laws,
regulations, or policies, unless they present an 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.
The Administrator, Agricultural Marketing Service (AMS), has
certified that this action will not have a significant economic impact
on a substantial number of small entities, as defined in the Regulatory
Flexibility Act, P.L. 96-354 (5 U.S.C. 601).
The proposed rule reflects certain fee increases needed to recover
the costs of services rendered in accordance with the Agricultural
Marketing Act (AMA) of 1946. The inspection, grading and certification
program for processed fruits and vegetables and related products is
voluntary.
The AMA authorizes voluntary official inspection, grading, and
certification on a user-fee basis, of processed food products including
processed fruits, vegetables, and processed products made from them.
The AMA provides that reasonable fees be collected from the user of the
program services to cover as nearly as practicable the costs of
services rendered. This proposal would amend the schedule for fees and
charges for lot inspection and less than year round inspection services
rendered to the processed fruit and vegetable industry to reflect the
costs currently associated with the program.
AMS regularly reviews these programs to determine if fees are
adequate. Employee salary and benefits are major program costs that
account for approximately 85 percent of the total operating budget. A
general and locality salary increase for Federal employees, ranging
from 3.09 to 6.25 percent depending on locality, effective January
1995, has materially affected program costs. Another general and
locality salary increase, ranging from 2.39 to 2.87 percent depending
upon locality (amounting to approximately $625,000), was effective
January 1996; further standardization program costs, previously funded
by appropriated funds, must be paid for by user fees.
While a concerted effort to cut costs resulted in overhead savings
of $623,926 in FY95 over FY94, the last fee increase in August 1994 did
not result in collection of enough revenue to cover all these increases
and still maintain an adequate reserve balance (four months of costs)
called for by Agency policy and prudent financial management. Currently
the Processed Products Branch (PPB) trust fund reserve balance for all
programs is approximately $1.480 mil. under the desirable level of
$11.031. Further action is necessary to meet rising costs and maintain
adequate reserve balances. This action will assist in moving the PPB
trust fund toward a more adequate level and will result in an estimated
$368,000 in additional revenues. Projected FY96 revenues for the lot
inspection and less than year round inspection programs are $8.291 mil.
with costs projected at $8.194 and a reserve of $2.682.
Based on the Agency's analysis of increased costs since 1994, AMS
proposes to increase the fees relating to such services as shown in the
following table. The table compares current fees and charges with
proposed fees and charges for processed fruit and vegetable inspection
as found in 7 CFR 52.42-52.51. For inspection services charged under
section 52.42, overtime and holiday work would continue to be charged
as provided in that section. For inspection services charged on a
contract basis under section 52.51 overtime work would also continue to
be charged as provided in that section. Unless otherwise provided for
by regulation or written agreement between the applicant and the
Administrator, the charges in the schedule of fees as found in section
52.42 are:
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Current Proposed
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$39.50/hr................................. $41.00/hr.
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[[Page 9655]]
Charges for travel and other expenses as found in section 52.50:
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Current Proposed
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$39.50/hr................................. $41.00/hr.
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Charges for year-round in-plant inspection services on a contract
basis as found in section 52.51 (c):
(2) For personnel assigned on less than a year-round basis:
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Current Proposed
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Each inspector:
$39.50/hr................................. $42.00/hr.
In-plant sampler:
$22.00/hr................................. $22.00/hr.
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Charges for less than year-round in-plant inspection services (four
or more consecutive 40 hour weeks) on a contract basis as found in
section 52.51 (d):
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Current Proposed
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(1) Each inspector:
$39.50/hr................................. $42.00/hr.
(2) In-plant sampler:
$22.00/hr................................. $22.00/hr.
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List of Subjects in 7 CFR Part 52
Food grades and standards, Food labeling, Frozen foods, Fruit
juices, Fruits, Reporting and recordkeeping requirements, Vegetables.
For the reasons set forth in the preamble, 7 CFR Part 52 is
proposed to be amended as follows:
PART 52--REGULATIONS GOVERNING INSPECTION AND CERTIFICATION OF
PROCESSED FRUITS AND VEGETABLES, PROCESSED PRODUCTS THEREOF, AND
CERTAIN OTHER PROCESSED FOOD PRODUCTS \1\
\1\ May include the following: Honey; molasses, except for
stockfeed; nuts and nut products, except oil; sugar (cane, beet, and
maple); sirups (blended), sirups, except from grain; tea, cocoa,
coffee, spices, condiments.
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1. The authority citation for 7 CFR Part 52 continues to read as
follows:
Authority: 7 U.S.C. 1621-1627.
Sec. 52.42 [Amended]
2. In Sec. 52.42, the figure ``$39.50'' is removed and the figure
``$41.00'' is added in its place.
Sec. 52.50 [Amended]
3. In Sec. 52.50, the figure ``$39.50'' is removed and the figure
``$41.00'' is added in its place.
Sec. 52.51 [Amended]
4. In Sec. 52.51, paragraph (c)(2) is amended by removing the
figure ``$39.50'' and adding in its place ``$42.00'' and paragraph
(d)(1) is amended by removing the figure ``$39.50'' and adding the
figure ``$42.00'' in its place.
Dated: February 29, 1996.
David N. Lewis,
Acting Administrator.
[FR Doc. 96-5715 Filed 3-8-96; 8:45 am]
BILLING CODE 3410-02-P