[Federal Register Volume 65, Number 1 (Monday, January 3, 2000)]
[Proposed Rules]
[Pages 75-78]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33930]


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 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 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. 65, No. 1 / Monday, January 3, 2000 / 
Proposed Rules  

[[Page 75]]


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DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration

7 CFR Part 800

RIN 0580-AA69


Fees for Official Inspection and Weighing Services

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

ACTION: Proposed rule.

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

SUMMARY: The Grain Inspection, Packers and Stockyards Administration 
(GIPSA) is proposing an approximate 2.4 percent increase for all hourly 
rates, certain unit rates, and the administrative tonnage fee. These 
fees apply to official inspection and weighing services performed in 
the United States under the United States Grain Standards Act (USGSA), 
as amended. These increases are needed to cover increased operational 
costs resulting from the approximate 4.8 percent mandated January 2000 
Federal pay increase.

DATES: Written comments must be submitted on or before March 3, 2000.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this proposal. Written comments must be submitted to Sharon 
Vassiliades, GIPSA, USDA, 1400 Independence Avenue, SW, Room 0623-S, 
Washington, DC 20250-3649, or faxed to (202) 720-4628. Comments may 
also be sent by electronic mail or Internet to: 
[email protected]. All comments should make reference to the 
date and page number of this issue of the Federal Register and will be 
available for public inspection in the above office during regular 
business hours (7 CFR 1.27 (b)).

FOR FURTHER INFORMATION CONTACT: David Orr, Director, Field Management 
Division, at his Email address: D[email protected] or telephone him 
at (202) 720-0228.

SUPPLEMENTARY INFORMATION:

Executive Order 12866, Regulatory Flexibility Act, and the 
Paperwork Reduction Act

    This rule has been determined to be nonsignificant for the purpose 
of Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.
    Also, pursuant to the requirements set forth in the Regulatory 
Flexibility Act, 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.).
    GIPSA regularly reviews its user-fee financed programs to determine 
if the fees are adequate. GIPSA has and will continue to seek out cost 
saving opportunities and implement appropriate changes to reduce costs. 
Such actions can provide alternatives to fee increases. However, even 
with these efforts, GIPSA's existing fee schedule will not generate 
sufficient revenues to cover program costs while maintaining an 
adequate reserve balance. In fiscal year 1998, GIPSA's operating costs 
were $23,021,166 with revenue of $21,776,323, resulting in a loss of 
$1,244,843 and a reserve balance of $55,862. In fiscal year 1999, 
GIPSA's operating costs were $22,883,063 with revenue of $22,971,204 
that resulted in a positive margin of $88,141. Even with the positive 
margin for FY 1999, the reserve balance is still well below the desired 
3-month operating reserve.
    Employee salaries and benefits are major program costs that account 
for approximately 84 percent of GIPSA's total operating budget. A 
general and locality salary increase that averages 4.8 percent for 
GIPSA employees, effective January 2000, will increase program costs. 
This salary adjustment will increase GIPSA's costs by approximately 
$691,613.
    We have reviewed the financial position of our inspection and 
weighing program based on the increased salary and benefit costs along 
with the projected fiscal year 2000 workload. Based on that review, we 
have concluded that nearly half of the projected $691,613 salary 
increase can be absorbed through existing program efficiencies. 
Therefore, the other half needs to be covered through an increase in 
fees that will collect an estimated $390,000 in additional revenues.
    The proposed fee increase primarily applies to entities engaged in 
the export of grain. Under the provisions of the USGSA, grain exported 
from the United States must be officially inspected and weighed. 
Mandatory inspection and weighing services are provided by GIPSA on a 
fee basis at 37 export facilities. All of these facilities are owned 
and managed by multi-national corporations, large cooperatives, or 
public entities that do not meet the criteria for small entities 
established by the Small Business Administration.
    Some entities who request non-mandatory official inspection and 
weighing services at other than export locations could be considered 
small entities. The impact on these small businesses is similar to any 
other business; that is, an average 2.4 percent increase in the cost of 
official inspection and weighing services. This nominal increase should 
not significantly affect any business requesting official inspection 
and weighing services. Furthermore, any business that wishes to avoid 
the fee increase may elect to do so by using an alternative source for 
inspection and weighing services. Such a decision should not prevent 
the business from marketing its products.
    There would be no additional reporting or recordkeeping 
requirements imposed by this action. In compliance with the Paperwork 
Reduction Act of 1995 (44 U.S.C. Chapter 35), the information 
collection and recordkeeping requirements in Part 800 have been 
previously approved by the Office of Management and Budget under 
control number 0580-0013. GIPSA has not identified any other Federal 
rules which may duplicate, overlap, or conflict with this proposed 
rule.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
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 proposed 
rule. There are no administrative procedures that must be

[[Page 76]]

exhausted prior to any judicial challenge to the provisions of this 
proposed rule.

Proposed Action

    The USGSA (7 U.S.C. 71 et seq.) authorizes GIPSA to provide 
official grain inspection and weighing services and to charge and 
collect reasonable fees for performing these services. The fees 
collected are to cover, as nearly as practicable, GIPSA's costs for 
performing these services, including related administrative and 
supervisory costs. The current USGSA fees were published in the Federal 
Register on December 23, 1998 (63 FR 70990), and became effective on 
February 1, 1999. A correction to the minimum fees for stowage 
examinations was published in the Federal Register and became effective 
on February 11, 1999 (64 FR 6783).
    GIPSA regularly reviews its user-fee-financed programs to determine 
if the fees are adequate. While GIPSA continues to search for 
opportunities to reduce its costs, the existing fee schedule will not 
generate sufficient revenues to cover program costs while maintaining 
an adequate reserve balance. In fiscal year 1998, GIPSA's operating 
costs were $23,021,166 with revenue of $21,776,323, resulting in a loss 
of $1,244,843 and a reserve balance of $55,862. In fiscal year 1999, 
GIPSA's operating costs were $22,883,063 with revenue of $22,971,204, 
resulting in a positive margin of $88,141. Even with the positive 
margin for fiscal year 1999, the reserve balance was a negative 
$65,686, below the desired 3-month operating reserve of approximately 
$5.7 million.
    Employee salaries and benefits are major program costs that account 
for approximately 84 percent of GIPSA's total operating budget. A 
general and locality salary increase that averages 4.8 percent for 
GIPSA employees, effective January 2000, will increase program costs an 
estimated $691,613. Based on a review of projected fiscal year 2000 
workload and operating costs, the Agency has determined that 
approximately half of the projected $691,613 salary increase can be 
absorbed through existing program efficiencies. The other half needs to 
be covered through an increase in fees that will collect an estimated 
$390,000 in additional revenues.
    The hourly fees covered by this rule will generate revenue to cover 
the basic salary, benefits, and leave for those employees providing 
direct service delivery. Other associated costs, including non-salary 
related overhead, are collected through other fees contained in the fee 
schedule and are at levels that would not require any change. These 
fees would not be changed under this proposal.
    The current hourly fees are:

----------------------------------------------------------------------------------------------------------------
                                Monday to Friday     Monday to Friday    Saturday, Sunday,
                               (6 a.m. to 6 p.m.)   (6 p.m. to 6 a.m.)      and overtime           Holidays
----------------------------------------------------------------------------------------------------------------
1-year contract.............               $25.20               $27.20               $35.40               $42.60
6-month contract............                27.60                29.40                37.60                49.40
3-month contract............                31.60                32.60                41.00                51.00
Noncontract.................                36.60                38.60                46.80                57.60
----------------------------------------------------------------------------------------------------------------

    GIPSA has also identified certain unit fees, for services not 
performed at an applicant's facility, that contain direct labor costs 
and would require a fee increase. Further, GIPSA has identified those 
costs associated with salaries and benefits that are covered by the 
administrative metric tonnage fee. The 2.4 percent cost-of-living 
increase to salaries and benefits covered by the administrative tonnage 
fee results in an average overall increase of an average of 2.4 percent 
to the administrative tonnage fee. Accordingly, GIPSA is proposing a 
2.4 percent increase to certain hourly rates, certain unit rates, and 
the administrative tonnage fee in 7 CFR 800.71, Table 1--Fees for 
Official Services Performed at an Applicant's Facility in an Onsite 
GIPSA Laboratory; Table 2--Services Performed at Other Than an 
Applicant's Facility in a GIPSA Laboratory; and Table 3, Miscellaneous 
Services.

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 amended by revising Schedule A in paragraph 
(a) to read as follows:


Sec. 800.71  Fees assessed by the Service.

    (a) * * *

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\
----------------------------------------------------------------------------------------------------------------
                              Monday to Friday (6  Monday to Friday (6   Saturday, Sunday,
                                a.m. to 6 p.m.)      p.m. to 6 a.m.)      and Overtime \2\         Holidays
----------------------------------------------------------------------------------------------------------------
  (1) Inspection and Weighing Services Hourly Rates (per service representative)
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1-year contract.............               $25.80               $28.00               $36.40               $43.60
6-month contract............                28.40                30.20                38.60                50.60
3-month contract............                32.40                33.40                42.00                52.20
Noncontract.................                37.60                39.60                48.00                59.00
----------------------------------------------------------------------------------------------------------------


 
 
------------------------------------------------------------------------
  (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) Corn oil, protein, and starch (one or any                     1.50
 combination)...........................................
(iv) Soybean protein and oil (one or both)..............            1.50

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(v) Wheat protein (per test)............................            1.50
(vi) Sunflower oil (per test)...........................            1.50
(vii) Vomitoxin (qualitative)...........................            7.50
(viii) Vomitoxin (quantitative).........................           12.50
(ix) Waxy corn (per test)...............................            1.50
(x) Fees for other tests not listed above will be based
 on the lowest noncontract hourly rate.
(xi) 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.....................................        $ 0.1038
    (b) 1,000,001-1,500,000.............................          0.0947
    (c) 1,500,001-2,000,000.............................          0.0512
    (d) 2,000,001-5,000,000.............................          0.0379
    (e) 5,000,001-7,000,000.............................          0.0205
    (f) 7,000,001+......................................         0.0092
\1\ Fees apply to original inspection and weighing, reinspection, and
  appeal inspection service and 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 (a).
\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)...........      $18.50
        (b) Railcar (per carrier)...........................       28.30
        (c) Barge (per carrier).............................      178.50
        (d) Sacked grain (per hour per service                      0.02
         representative plus an administrative fee per
         hundredweight) (CWT)...............................
    (iii) Lots sampled online during loading (sampling
     charge under (i) above, plus):
        (a) Truck/trailer container (per carrier)...........        9.85
        (b) Railcar (per carrier)...........................       19.10
        (c) Barge (per carrier).............................      108.10
        (d) Sacked grain (per hour per service                      0.02
         representative plus an administrative fee per
         hundredweight) (CWT)...............................
    (iv) Other services:
        (a) Submitted sample (per sample--grade and factor).       10.90
        (b) Warehouseman inspection (per sample)............       18.00
        (c) Factor only (per factor--maximum 2 factors).....        4.70
        (d) Checkloading/condition examination (use hourly          0.02
         rates from Table 1, plus an administrative fee per
         hundredweight if not previously assessed) (CWT)....
        (e) Reinspection (grade and factor only. Sampling          11.90
         service additional, item (i) above)................
        (f) Class X Weighing (per hour per service                 49.20
         representative)....................................
    (v) Additional tests (excludes sampling):
        (a) Aflatoxin (per test--other than TLC method).....       26.30
        (b) Aflatoxin (per test--TLC method)................      104.00
        (c) Corn oil, protein, and starch (one or any               8.30
         combination).......................................
        (d) Soybean protein and oil (one or both)...........        8.30
        (e) Wheat protein (per test)........................        8.30
        (f) Sunflower oil (per test)........................        8.30
        (g) Vomitoxin (qualitative).........................       26.70
        (h) Vomitoxin (quantitative)........................       31.80
        (i) Waxy corn (per test)............................        9.60
        (j) Canola (per test--00 dip test)..................        9.60
        (k) Pesticide Residue Testing \3\:
            (1) Routine Compounds (per sample)..............      204.80
            (2) Special Compounds (per service                    102.40
             representative)................................
        (l) 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)........       78.50
        (a) Factor only (per factor--max 2 factors).........       40.60
        (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)............       26.30
        (b) Aflatoxin (TLC).................................      104.00
        (c) Corn oil, protein, and starch (one or any              16.20
         combination).......................................
        (d) Soybean protein and oil (one or both)...........       16.20

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        (e) Wheat protein (per test)........................       16.20
        (f) Sunflower oil (per test)........................       16.20
        (g) Vomitoxin (per test--qualitative)...............       37.00
        (h) Vomitoxin (per test--quantitative)..............       42.10
        (i) Vomitoxin (per test--HPLC Board Appeal).........      131.10
        (j) Pesticide Residue Testing \3\:
            (1) Routine Compounds (per sample)..............      204.80
            (2) Special Compounds (per service                    102.40
             representative)................................
        (k) 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                 71.40
     representative)........................................
(3) Stowage examination (service-on-request) \3\:
    (i) Ship (per stowage space) (minimum $252.50 per ship).       50.50
    (ii) Subsequent ship examinations (same as original)
     (minimum $151.50 per ship)
    (iii) Barge (per examination)...........................       40.50
    (iv) All other carriers (per examination)...............      15.50
\1\ Fees apply to original inspection and weighing, reinspection, and
  appeal inspection service and 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 (a).
\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
  (b).
\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\
 
 
------------------------------------------------------------------------
(1) Grain grading seminars (per hour per service                  $49.20
 representative) \2\........................................
(2) Certification of diverter-type mechanical samplers (per        49.20
 hour per service representative) \2\.......................
(3) Special weighing services (per hour per service
 representative) \2\:
    (i) Scale testing and certification.....................       49.20
    (ii) Evaluation of weighing and material handling              49.20
     systems................................................
    (iii) NTEP Prototype evaluation (other than Railroad           49.20
     Track Scales)..........................................
    (iv) NTEP Prototype evaluation of Railroad Track Scales       110.00
     (plus usage fee per day for test car)..................
    (v) Mass standards calibration and reverification.......       49.20
    (vi) Special projects...................................       49.20
(4) Foreign travel (per day per service representative).....      445.40
(5) Online 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 $49.20
  per hour.
\2\ Regular business hours--Monday thru Friday--service provided at
  other than regular hours charged at the applicable overtime hourly
  rate.

David R. Shipman,
Acting Administrator, Grain Inspection, Packers and Stockyards 
Administration.
[FR Doc. 99-33930 Filed 12-30-99; 8:45 am]
BILLING CODE 3410-EN-U