[Federal Register Volume 78, Number 9 (Monday, January 14, 2013)]
[Proposed Rules]
[Pages 2627-2644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00455]


 ========================================================================
 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. 78, No. 9 / Monday, January 14, 2013 / 
Proposed Rules  

[[Page 2627]]



DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration

7 CFR Part 800

RIN 0580-AB13


Fees for Official Inspection and Official Weighing Services Under 
the United States Grain Standards Act (USGSA)

AGENCY: Grain Inspection Packers and Stockyards Administration, USDA.

ACTION: Proposed rule.

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

SUMMARY: The Department of Agriculture (USDA), Grain Inspection, 
Packers and Stockyards Administration (GIPSA) is proposing several 
changes to the fee schedule for official inspection and weighing 
services performed under the United States Grain Standards Act (USGSA), 
as amended. The USGSA provides GIPSA's Federal Grain Inspection Service 
(FGIS) with the authority to charge and collect reasonable fees to 
cover the cost of performing official services. These fees also cover 
the costs associated with managing the program.
    After a financial review of GIPSA's Fees for Official Inspection 
and Weighing Services, including a comparison of the costs and revenues 
associated with official inspection and weighing services, GIPSA is 
proposing to revise local and national tonnage fees (assessed in 
addition to all other applicable fees) for all export grain shipments 
serviced by GIPSA field offices.

DATES: Comments must be received on or before February 13, 2013.

ADDRESSES: You may submit your written or electronic comments on this 
proposed rule to:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for submitting 
comments.
     Mail, hand deliver, or courier to: Dexter Thomas, GIPSA, 
USDA, 1400 Independence Avenue SW. room 2526-S, Washington, DC 20250-
3642.
     Fax: (202) 690-2173.
    Instructions: All comments will become a matter of public record 
and should be identified as ``GIPSA inspection and weighing fees 
proposed rule comments,'' making reference to the date and page number 
of this issue of the Federal Register. All comments received become the 
property of the Federal government, are made a part of the public 
record, and will generally be posted to www.regulations.gov without 
change. If you send a comment directly to GIPSA without going through 
www.regulations.gov, or you submit a comment to GIPSA via fax, the 
originating address or telephone number will be captured automatically 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. Also, all personal identifying 
information (for example, name, address, etc.) voluntarily submitted by 
the commenter may be publicly accessible. Do not submit confidential 
business information or otherwise sensitive or protected information.
    Electronic submissions should avoid the use of special characters, 
avoid any form of encryption, and be free of any defects or viruses, 
since these may prevent GIPSA from being able to read and understand, 
and thus consider your comment.
    All comments will also be available for public inspection at the 
above address during regular business hours (7 CFR 1.27(b)). Please 
call the GIPSA Management and Budget Services staff (202) 720-6529 for 
an appointment to view the comments.

FOR FURTHER INFORMATION CONTACT: Eric J. Jabs, USDA-GIPSA-FGIS-QACD, 
10383 N Ambassador Drive, Kansas City, Missouri 64153; Telephone: (816) 
659-8408; Fax Number: (816) 872-1257; Email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The USGSA (7 U.S.C. 71-87k) 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 associated administrative and supervisory costs.
    The fees for official inspection and weighing services were last 
amended on May 13, 2004, and became effective on June 14, 2004 (69 FR 
26476). After considering several alternatives in 2004, GIPSA adopted a 
fee structure to cover program-related costs based on a projected 
average tonnage of export grain inspected and/or weighed. This fee 
structure was adopted so that local export facilities financially 
support their field office administrative costs by evaluating field 
offices independently and encouraging FGIS customers to work directly 
with each field office to maximize grain handling efficiencies while 
raising the awareness of location program costs. In addition, national 
costs are collected regardless of where the grain is exported by 
assessing an identical fee to each field office to cover every ton of 
export grain inspected and/or weighed. This action was also taken to 
foster the further development and implementation of grain handling 
efficiencies by grain companies, to reduce the cost of GIPSA official 
grain inspection and weighing services, and to make GIPSA program costs 
more transparent to the grain industry.
    When GIPSA established the current fee structure in 2004, GIPSA 
developed a fee rate to collect sufficient revenue to immediately cover 
operating expenses, while striving to create an operating reserve by 
fiscal year 2010. This fee structure was designed to collect sufficient 
revenue through fiscal year 2007 to achieve an average $1,000,000 
balance annually. When GIPSA established the tonnage fees, certain 
assumptions were made to establish those fees, including the historic 
volume of grain moving through U.S. export facilities, and export 
projections. At the time, GIPSA assumed that the inspection volume 
would be based on 80 million metric tons (MMT) of grain exports 
inspected and/or weighed per year. The inspection volume, however, has 
fallen well short of the 80 MMT baseline, resulting in a revenue 
shortfall, precluding the maintenance of an operating reserve. For 
fiscal years 2006 to 2011, GIPSA inspected an average of 78.0 MMT of 
export grain. However, in fiscal year 2012, GIPSA only inspected 64.2 
MMT, and expects to inspect 59.8 MMT during fiscal year

[[Page 2628]]

2013 and an average of 65.0 MMT for fiscal years 2014 to 2017.
    GIPSA regularly reviews its user-fee programs to determine if the 
fees adequately cover the costs of program delivery. While GIPSA 
continuously seeks to reduce its operating costs, GIPSA has determined 
that the existing fee structure will not generate sufficient revenue to 
cover program costs through fiscal year 2017.
    In fiscal year 2009, GIPSA's official inspection and weighing 
services program revenue was $31.2 million with program costs of $33.3 
million, resulting in a $2.1 million program deficit. In fiscal year 
2010, GIPSA revenue was $36.9 million with costs of $35.5 million, 
resulting in a $1.4 million margin. In fiscal year 2011, GIPSA revenue 
was $37.7 million with costs of $36.6 million, resulting in a $1.1 
million margin. In fiscal year 2012, revenue is projected at $28.7 
million and costs at $35.1 million, resulting in a projected $6.4 
million program deficit. Program costs for fiscal years 2013 to 2017 
are projected at $35.1 million. The costs include employee salaries and 
benefits including estimated annual cost of living adjustments, and 
future costs to replace and maintain aging program equipment in GIPSA 
offices. These fees also cover GIPSA's administrative and supervisory 
costs for the performance of GIPSA's official inspection and weighing 
services, including personnel compensation and benefits, travel, rent, 
communications, utilities, contractual services, supplies, and 
equipment. Given the above discussion, GIPSA believes that the current 
fee structure will not fully fund the delivery of GIPSA's official 
inspection and weighing services in future fiscal years and will result 
in program deficits.
    After reviewing the fees for official inspection and weighing 
services, including a comparison of the costs and revenue associated 
with official inspection and weighing services, and assessing how GIPSA 
accounts for workers compensation costs at the local and national 
levels, GIPSA proposes to change local and national tonnage fees 
(assessed in addition to all other applicable fees) for all export 
grain shipments serviced by GIPSA field offices. GIPSA proposes to 
increase local tonnage fees in fiscal year 2013 for 1) League City, 
Texas from $0.115 to $0.125 per metric ton; 2) New Orleans, Louisiana 
from $0.015 to $0.033 per metric ton; 3) Portland, Oregon from $0.084 
to $0.124 per metric ton and; 4) Toledo, Ohio from $0.132 to $0.233 per 
metric ton.
    GIPSA proposes to increase the national tonnage fee approximately 5 
percent in fiscal year 2013 from $0.052 to $0.055 per metric ton of 
export grain inspected and/or weighed and approximately 2 percent per 
year for fiscal years 2014 to 2017. In addition, workers compensation 
costs would be shifted from the national to the local level in order to 
fully reflect where those program costs originate. In response to the 
Grain Inspection Advisory Committee resolution in November 2010, 
stating that GIPSA should establish an equitable tonnage fee for all 
export tonnage utilizing the official system, GIPSA would also begin 
charging the national tonnage fee of $0.055 per metric ton on export 
grain inspected and/or weighed (excluding land carrier shipments to 
Canada and Mexico) from delegated States and designated agencies. 
Currently, delegated States and designated agencies pay only a 
supervision fee of $0.011 per metric ton on export grain officially 
inspected and/or weighed as found in the current fee structure (see 
Schedule C of Sec.  800.71 of the USGSA regulations).
    GIPSA would also revise the fee structure for official inspection 
and weighing services performed in Canada, which currently appear in 
Schedule B of Sec.  800.71 of the USGSA regulations. As a result, the 
separate unit fees for official inspection and weighing services 
performed in Canada would be changed to the prevailing U.S. non-
contract rate, plus the prevailing Toledo field office tonnage fee, 
plus the actual cost of travel. GIPSA would further replace the 
``Vomitoxin Qualitative'' and ``Vomitoxin Quantitative'' fees with one 
fee, ``All other Mycotoxins,'' in order to simplify the fee schedule 
for the testing of mycotoxins, other than aflatoxin. GIPSA also created 
separate fees for applicants that provide test kits for aflatoxin and 
all other mycotoxin testing. The existing fee structure in Schedule B 
would be deleted and the existing Schedule C fee structure would become 
Schedule B.
    While GIPSA's proposed fee increase in fiscal year 2013 is 
projected to increase program revenue in fiscal year 2013, the proposed 
fee increase would not provide sufficient revenue through fiscal year 
2017. As stated previously, GIPSA believes that an initial increase in 
fees followed by annual incremental increases is the appropriate course 
to mitigate the effects that a larger one-time fee increase would have 
on our customers. GIPSA's financial projections indicate that 
implementing the proposed fee increase would allow the official 
inspection and weighing services to recover its costs and build an 
operating reserve.
    Fees for foreign travel would be changed from the current daily 
rate of $510.00 to the established hourly fee for special projects, 
plus the actual cost of travel, per diem, and related expenditures. All 
remaining fees (except fees for FGIS supervision of domestic official 
inspection and weighing services, including land carrier shipments to 
Canada and Mexico, performed by delegated States and/or designated 
agencies) would be increased approximately 5 percent for fiscal year 
2013 and approximately 2 percent for fiscal years 2014 to 2017 to cover 
projected costs.
    Tables 1, 2, and 3 below compare current fees and charges found in 
Schedule A of Sec.  800.71(a) of the regulations under the USGSA (7 CFR 
800.71(a)) with fee increases proposed to take effect on May 1, 2013; 
October 1, 2013; October 1, 2014, October 1, 2015; and October 1, 2016. 
Program fees in Table 1 show the combined national and local tonnage 
fee for field offices and the national tonnage fee for delegated states 
and designated agencies.

                          Table 1--Fees for Official Services Performed at an Applicant's Facility in an Onsite FGIS Laboratory
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Proposed fees   Proposed fees   Proposed fees   Proposed fees   Proposed fees
              Service                Service description   Current fees   and charges FY  and charges FY  and charges FY  and charges FY  and charges FY
                                                            and charges        2013            2014            2015            2016            2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Hourly Rates
--------------------------------------------------------------------------------------------------------------------------------------------------------
One-Year Contract.................  Monday-Friday (6         $36.00/hour     $37.80/hour     $38.60/hour     $39.40/hour     $40.20/hour     $41.10/hour
                                     a.m. to 6 p.m.).
                                    Monday-Friday (6         $37.60/hour     $39.50/hour     $40.30/hour     $41.20/hour     $42.10/hour     $43.00/hour
                                     p.m. to 6 a.m.).
                                    Saturday, Sunday,        $43.00/hour     $45.20/hour     $46.20/hour     $47.20/hour     $48.20/hour     $49.20/hour
                                     overtime.
                                    Holiday.............     $64.00/hour     $67.20/hour     $68.60/hour     $70.00/hour     $71.40/hour     $72.90/hour
--------------------------------------------------------------------------------------------------------------------------------------------------------
Non-Contract......................  Monday-Friday (6         $64.00/hour     $67.20/hour     $68.60/hour     $70.00/hour     $71.40/hour     $72.90/hour
                                     a.m. to 6 p.m.).
                                    Monday-Friday (6         $64.00/hour     $67.20/hour     $68.60/hour     $70.00/hour     $71.40/hour     $72.90/hour
                                     p.m. to 6 a.m.).

[[Page 2629]]

 
                                    Saturday, Sunday,        $64.00/hour     $67.20/hour     $68.60/hour     $70.00/hour     $71.40/hour     $72.90/hour
                                     overtime.
                                    Holiday.............     $64.00/hour     $67.20/hour     $68.60/hour     $70.00/hour     $71.40/hour     $72.90/hour
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                        Additional Tests (cost per test, assessed in addition to the hourly rate)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Aflatoxin (rapid test kit method).......................          $10.00          $10.50          $10.80          $11.10          $11.40          $11.70
Aflatoxin (rapid test kit method-applicant provides kit)              NA           $8.50           $8.80           $9.10           $9.40           $9.70
All other Mycotoxins (rapid test kit method)............              NA          $19.50          $19.90          $20.30          $20.80          $21.30
All other Mycotoxins (rapid test kit method-applicant                 NA          $17.50          $17.90          $18.30          $18.80          $19.30
 provides kit)..........................................
Corn protein, oil, and starch (one or any combination)..           $2.25           $2.40           $2.50           $2.60           $2.70           $2.80
Soybean protein and oil (one or both)...................           $2.25           $2.40           $2.50           $2.60           $2.70           $2.80
Wheat protein (per test)................................           $2.25           $2.40           $2.50           $2.60           $2.70           $2.80
Waxy corn (per test)....................................           $2.25           $2.40           $2.50           $2.60           $2.70           $2.80
Fees for other tests not listed above...................    Non-contract    Non-contract    Non-contract    Non-contract    Non-contract    Non-contract
                                                             hourly rate     hourly rate     hourly rate     hourly rate     hourly rate     hourly rate
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Class Y Weighing (per carrier)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Truck/Container.........................................           $0.30           $0.40           $0.50           $0.60           $0.70           $0.80
Railcar.................................................           $1.25           $1.40           $1.50           $1.60           $1.70           $1.80
Barge...................................................           $2.50           $2.70           $2.80           $2.90           $3.00           $3.10
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Program Fees (Assessed on a per metric ton basis for all outbound carriers in addition to all other applicable fees. Only one program fee will be
                                   assessed when inspection and weighing services are performed on the same carrier.)
--------------------------------------------------------------------------------------------------------------------------------------------------------
League City.............................................          $0.167          $0.180          $0.184          $0.188          $0.192          $0.196
New Orleans.............................................          $0.067          $0.088          $0.090          $0.092          $0.094          $0.096
Portland................................................          $0.136          $0.179          $0.183          $0.187          $0.191          $0.195
Toledo..................................................          $0.184          $0.288          $0.294          $0.300          $0.306          $0.313
Delegated States........................................          $0.011          $0.055          $0.057          $0.059          $0.061          $0.063
Designated Agencies.....................................          $0.011          $0.055          $0.057          $0.059          $0.061          $0.063
--------------------------------------------------------------------------------------------------------------------------------------------------------


             Table 2--Services Performed at Other Than an Applicant's Facility in an FGIS Laboratory
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
                               Original Inspection and Weighing (Class X Services)
                           Stationary lots (sampling, grade/factor, and checkloading)
----------------------------------------------------------------------------------------------------------------
Truck/trailer/container (per        $20.00        $21.00        $21.50        $22.00        $22.50        $23.00
 carrier)...................
Railcar (per carrier).......        $29.70        $31.20        $31.90        $32.60        $33.30        $34.00
Barge (per carrier).........       $187.50       $196.90       $200.90       $205.00       $209.10       $213.30
Sacked grain (per hour per           $0.04         $0.05         $0.06         $0.07         $0.08         $0.09
 service representative plus
 an administrative fee per
 hundred weight)............
----------------------------------------------------------------------------------------------------------------
             Lots sampled online during loading (sampling charge at applicable hourly rate applies)
----------------------------------------------------------------------------------------------------------------
Truck/trailer/container (per        $12.00        $12.60        $12.90        $13.20        $13.50        $13.80
 carrier)...................
Railcar (per carrier).......        $25.00        $26.30        $26.90        $27.50        $28.10        $28.70
Barge (per carrier).........       $128.10       $134.60       $137.30       $140.10       $143.00       $145.90
Sacked grain (per hour per           $0.04         $0.05         $0.06         $0.07         $0.08         $0.09
 service representative plus
 an administrative fee per
 hundred weight)............
----------------------------------------------------------------------------------------------------------------
                                                 Other Services
----------------------------------------------------------------------------------------------------------------
Submitted sample (per sample-       $12.00        $12.60        $12.90        $13.20        $13.50        $13.80
 grade and factor)..........
Warehouseman inspection (per        $21.00        $22.10        $22.60        $23.10        $23.60        $24.10
 sample)....................
Factor only (per factor-             $5.70         $6.00         $6.20         $6.40         $6.60         $6.80
 maximum 2 factors).........
Check-loading/condition              $0.04         $0.05         $0.06         $0.07         $0.08         $0.09
 examination (Use hourly
 rates from Table 1, plus an
 administrative fee per
 hundred weight if not
 previously assessed.)......
Re-inspection (Grade and            $13.00        $13.70        $14.00        $14.30        $14.60        $14.90
 factor only. Sampling
 service additional)........
Class X Weighing (per hour          $64.00        $67.20        $68.60        $70.00        $71.40        $72.90
 per service representative)
----------------------------------------------------------------------------------------------------------------
                                      Additional Tests (Excludes Sampling)
----------------------------------------------------------------------------------------------------------------
Aflatoxin (rapid test kit           $30.00        $31.50        $32.20        $32.90        $33.60        $34.30
 method)....................

[[Page 2630]]

 
Aflatoxin (rapid test kit               NA        $29.50        $30.20        $30.90        $31.60        $32.30
 method-applicant provides
 kit).......................
All other Mycotoxins (rapid             NA        $40.50        $41.40        $42.30        $43.20        $44.10
 test kit method)...........
All other Mycotoxins (rapid             NA        $38.50        $39.40        $40.30        $41.20        $42.10
 test kit method-applicant
 provides kit)..............
Barley Protein (per test)...        $10.00        $10.50        $10.80        $11.10        $11.40        $11.70
Corn protein, oil, and              $10.00        $10.50        $10.80        $11.10        $11.40        $11.70
 starch (one or any
 combination)...............
Soybean protein and oil (one        $10.00        $10.50        $10.80        $11.10        $11.40        $11.70
 or both)...................
Wheat protein (per test)....        $10.00        $10.50        $10.80        $11.10        $11.40        $11.70
Sunflower oil (per test)....        $10.00        $10.50        $10.80        $11.10        $11.40        $11.70
Waxy corn (per test)........        $10.00        $10.50        $10.80        $11.10        $11.40        $11.70
Canola (per test-00 dip             $10.00        $10.50        $10.80        $11.10        $11.40        $11.70
 test)......................
Pesticide Residue Testing-         $216.00       $226.80       $231.40       $236.10       $240.90       $245.80
 routine compounds (per
 sample)....................
Pesticide Residue Testing-         $115.00       $120.80       $123.30       $125.80       $128.40       $131.00
 special compounds (Subject
 to availability)...........
----------------------------------------------------------------------------------------------------------------
                                Appeal Inspection and Review of Weighing Service
----------------------------------------------------------------------------------------------------------------
Board Appeal and Appeals            $82.00        $86.10        $87.90        $89.70        $91.50        $93.40
 (Grade and Factor).........
Factor only (per factor-            $43.00        $45.20        $46.20        $47.20        $48.20        $49.20
 maximum 2 factors).........
Sampling service for appeals        $30.00        $31.50        $32.20        $32.90        $33.60        $34.30
 additional Use hourly rates
 from Table 1 Aflatoxin
 (rapid test kit method)....
Aflatoxin (rapid test kit               NA        $29.50        $30.20        $30.90        $31.60        $32.30
 method-applicant provides
 kit).......................
All other Mycotoxins (rapid             NA        $49.40        $50.40        $51.50        $52.60        $53.70
 test kit method)...........
All other Mycotoxins (rapid             NA        $47.40        $48.40        $49.50        $50.60        $51.70
 test kit method-applicant
 provides kit)..............
Barley Protein (per test)...        $17.70        $18.60        $19.00        $19.40        $19.80        $20.20
Corn protein, oil, and              $17.70        $18.60        $19.00        $19.40        $19.80        $20.20
 starch (one or any
 combination)...............
Soybean protein and oil (one        $17.70        $18.60        $19.00        $19.40        $19.80        $20.20
 or both)...................
Sunflower oil (per test)....        $17.70        $18.60        $19.00        $19.40        $19.80        $20.20
Wheat protein (per test)....        $17.70        $18.60        $19.00        $19.40        $19.80        $20.20
Mycotoxin (per test-HPLC)...       $141.00       $148.10       $151.10       $154.20       $157.30       $160.50
Pesticide Residue Testing-         $216.00       $226.80       $231.40       $236.10       $240.90       $245.80
 routine compounds (per
 sample)....................
Pesticide Residue Testing-         $115.00       $120.80       $123.30       $125.80       $128.40       $131.00
 special compounds (Subject
 to availability)...........
Review of weighing (per hour        $82.60        $86.80        $88.60        $90.40        $92.30        $94.20
 per service representative)
Fees for other tests not      Non-contract  Non-contract  Non-contract  Non-contract  Non-contract  Non-contract
 listed above...............   hourly rate   hourly rate   hourly rate   hourly rate   hourly rate   hourly rate
----------------------------------------------------------------------------------------------------------------
                                    Stowage Examination (Service on Request)
----------------------------------------------------------------------------------------------------------------
Ship (per stowage space)....        $51.00        $53.60        $54.70        $55.80        $57.00        $58.20
Subsequent ship examinations        $51.00        $53.60        $54.70        $55.80        $57.00        $58.20
 (same as original).........
Barge (per examination).....        $41.00        $43.10        $44.00        $44.90        $45.80        $46.80
All other carriers (per             $16.00        $16.80        $17.20        $17.60        $18.00        $18.40
 examination)...............
----------------------------------------------------------------------------------------------------------------


                                                             Table 3--Miscellaneous Services
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
Grain grading seminars (per hour per service                      $64.00          $67.20          $68.60          $70.00          $71.40          $72.90
 representative)........................................
Certification of diverter-type mechanical samplers (per           $64.00          $67.20          $68.60          $70.00          $71.40          $72.90
 hour per service representative).......................
Scale testing and certification.........................          $83.20          $87.40          $89.20          $91.00          $92.90          $94.80
Evaluation of weighing and material handling systems....          $83.20          $87.40          $89.20          $91.00          $92.90          $94.80
Mass standards calibration and re-verification..........          $83.20          $87.40          $89.20          $91.00          $92.90          $94.80
Special projects........................................          $83.20          $87.40          $89.20          $91.00          $92.90          $94.80
NTEP prototype evaluation (Other than Railroad Track              $83.20          $87.40          $89.20          $91.00          $92.90          $94.80
 Scales)................................................
NTEP prototype evaluation of Railroad Track Scales......          $83.20          $87.40          $89.20          $91.00          $92.90          $94.80

[[Page 2631]]

 
Use of GIPSA railroad track scale test equipment per             $500.00         $525.00         $535.50         $546.30         $557.30         $568.50
 facility for each requested service (except agreements)
Foreign Travel (hourly fee) plus travel, per diem, and       $510.00/day          $87.40          $89.20          $91.00          $92.90          $94.80
 related expenditures...................................
Fees for any service or test not listed (per hour per       Non-contract    Non-contract    Non-contract    Non-contract    Non-contract    Non-contract
 service representative)................................     hourly rate     hourly rate     hourly rate     hourly rate     hourly rate     hourly rate
Online Customized Data Service:
    1. One data file per week for 1 year................         $500.00         $525.00         $535.50         $546.30         $557.30         $568.50
    2. One data file per month for 1 year...............         $300.00         $315.00         $321.30         $327.80         $334.40         $341.10
Samples provided to interested parties (per sample......           $3.00           $3.20           $3.30           $3.40           $3.50           $3.60
Special mailing (actual cost)...........................     Actual Cost     Actual Cost     Actual Cost     Actual Cost     Actual Cost     Actual Cost
Extra Copies of certificates, faxing per page, and                 $1.75           $1.90           $2.00           $2.10           $2.20           $2.30
 divided lots...........................................
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The following table reflects GIPSA's financial official inspection 
and weighing program projections through fiscal year 2017.

                                                  Official Inspection and Weighing Services Projections
                                                                   [Million dollars]*
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         Actual                                     Projected
                                                                 ---------------------------------------------------------------------------------------
                                                                    Fiscal     Fiscal     Fiscal     Fiscal     Fiscal     Fiscal     Fiscal     Fiscal
                                                                   year 10    year 11    year 12    year 13    year 14    year 15    year 16    year 17
--------------------------------------------------------------------------------------------------------------------------------------------------------
Revenue.........................................................      $36.9      $37.7      $28.7      $31.7      $35.3      $36.2      $36.9      $37.6
Obligations.....................................................       35.5       36.6       35.1       35.1       35.1       35.1       35.1       35.1
Prior Year Adjustments..........................................        0.5        0.3  .........  .........  .........  .........  .........  .........
Cumulative Operating Reserve....................................        6.6        8.0        1.6      (1.9)      (1.6)      (0.6)        1.2        3.6
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Figures may not sum due to rounding.

    Based on the analysis of program costs, GIPSA proposes to increase 
the fees for official inspection and weighing service. GIPSA would 
continue to review program costs, revenue, and operating reserve levels 
to ensure that the fee increases for the noted fiscal years are 
required at the levels specified and sufficient to maintain official 
inspection and weighing services. In the event that a change in the 
fees is necessary, GIPSA would address any changes at that time.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been determined to be not significant for the 
purposes of Executive Order 12866 and, therefore, has not been reviewed 
by the Office of Management and Budget (OMB).
    Pursuant to the requirements set forth in the Regulatory 
Flexibility Act (RFA) (5 U.S.C. 601-612), GIPSA has considered the 
economic impact of this action on small entities. The purpose of the 
RFA is to fit regulatory actions to the scale of businesses subject to 
such actions in order that small businesses will not be unduly or 
disproportionately burdened. This proposed action is being taken 
because additional user fee revenue is needed to cover the costs of 
providing current and future program operations and services.
    The Small Business Administration (SBA) defines small businesses by 
their North American Industry Classification System Codes (NAICS).\1\ 
This proposed rule affects customers of GIPSA's official inspection and 
weighing services in the domestic and export grain markets (NAICS code 
115114). Fees for that program are in Schedules A (Tables 1-3), B, and 
C of Sec.  800.71 of the USGSA regulations (7 CFR 800.71).
---------------------------------------------------------------------------

    \1\ See: http://www.sba.gov/idc/groups/public/documents/sba_homepage/serv_sstd_tablepdf.pdf.
---------------------------------------------------------------------------

    Under the provisions of the USGSA, grain exported from the U.S. 
must be officially inspected and weighed. Mandatory inspection and 
weighing services are provided by GIPSA at 40 export facilities and by 
delegated States at 11 facilities, and seven facilities for U.S. grain 
transshipped through Canadian ports. All of these facilities are owned 
by multi-national corporations, large cooperatives, or public entities 
that do not meet the requirements for small entities established by the 
SBA. Further, the regulations are applied equally to all entities. The 
USGSA (7 U.S.C. 87f-1) requires the registration of all persons engaged 
in the business of buying grain for sale in foreign commerce. In 
addition, those persons who handle, weigh, or transport grain for sale 
in foreign commerce must also register. Section 800.30 of the USGSA 
regulations (7 CFR 800.30) define a foreign commerce grain business as 
persons who regularly engage in buying for sale, handling, weighing, or 
transporting grain totaling 15,000 metric tons or more during the 
preceding or current calendar year. At present, there are 129 
registrants registered to export grain. While most of the 129 
registrants are large businesses, we believe that some are small.
    GIPSA also provides domestic and miscellaneous inspection and 
weighing services at other than export locations. Approximately 217 
different applicants receive domestic inspection services each year and 
approximately 26 different locations receive track scale tests as a 
miscellaneous service each year. Most of these applicants are large 
businesses. Nonetheless, we believe that the proposed increases would 
not significantly affect small businesses requesting these official 
services. Furthermore, any applicant may use an alternative source for 
these services. Such a decision should not prevent the

[[Page 2632]]

business from marketing its product or conducting business as usual.
    GIPSA has determined that the total cost to the grain industry to 
implement the proposed changes will be approximately $5.3 million per 
year. These calculations are based on the assumption that GIPSA will 
collect revenue from 59.8 MMT in fiscal year 2013 and an average of 
65.0 MMT per year for fiscal years 2014 to 2017, which was used to 
establish the proposed tonnage fee.
    Most users of the official inspection and weighing services do not 
meet the requirements for small entities. Further, GIPSA is required by 
statute to make services available and to recover, as nearly as 
practicable, the costs of providing such services. There would be no 
additional reporting, record keeping, or other compliance requirements 
imposed upon small entities as a result of this proposed rule. GIPSA 
has not identified any other Federal rules which may duplicate, overlap 
or conflict with this proposed rule. 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 RFA.
    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 measures and implement appropriate changes to reduce its costs. 
Such actions can provide alternatives to fee increases. Even with these 
efforts, however, GIPSA's existing fee schedule would not generate 
sufficient revenue to cover program costs. In fiscal year 2009, GIPSA's 
official inspection and weighing services program revenue was $31.2 
million with program costs of $33.3 million, resulting in a $2.1 
million program deficit. In fiscal year 2010, GIPSA revenue was $36.9 
million with costs of $35.5 million, resulting in a $1.4 million 
margin. In fiscal year 2011, GIPSA revenue was $37.7 million with costs 
of $36.6 million, resulting in a $1.1 million margin. In fiscal year 
2012, revenue is projected at $28.7 million and costs at $35.1 million, 
resulting in a projected $6.4 million program deficit. Program costs 
for fiscal years 2013 to 2017 are projected at $35.1 million. The costs 
include employee salaries and benefits including estimated annual cost 
of living adjustments, future costs to replace and maintain aging 
official inspection and weighing services equipment in GIPSA offices. 
These fees also cover GIPSA's administrative and supervisory costs for 
the performance of GIPSA's official inspection and weighing services, 
including personnel compensation and benefits, travel, rent, 
communications, utilities, contractual services, supplies, and 
equipment. The current fee structure will not fully fund GIPSA's 
official inspection and weighing services in future fiscal years, 
resulting in program deficits.
    The proposed fee increase is projected to initially increase 
program revenue in fiscal year 2013, however this one time increase 
would not provide sufficient funds through fiscal year 2017. GIPSA 
needs to increase fees by approximately 5 percent in fiscal year 2013 
and approximately 2 percent per year in fiscal years 2014 to 2017 in 
order to cover the program's operating cost and build an adequate 
operating reserve. The annual increases would apply to all fees (except 
for those fees charged for FGIS supervision of domestic official 
inspection and weighing services, including land carrier shipments to 
Canada and Mexico, performed by delegated States and/or designated 
agencies). GIPSA believes that an initial increase in fees followed by 
annual incremental increases is appropriate at this time. To minimize 
the impact of a fee increase, GIPSA has decided to propose a fee 
structure that would collect sufficient revenue over time to cover 
operating expenses, while striving to build an operating reserve by 
fiscal year 2017. GIPSA would continue to evaluate the financial status 
of the official inspection and weighing services to determine if it is 
meeting the goal of building an operating reserve and if other 
adjustments to the fee structure are necessary.
    Without the proposed fee increase, the operating reserve for 
GIPSA's official inspection and weighing services is projected to equal 
negative 1.6 months of program obligations at the end of fiscal year 
2013 and decline to negative 10.6 months of program obligations by the 
end of fiscal year 2017. Financial projections indicate that 
implementing the proposed fees would allow GIPSA's official inspection 
and weighing services program to cover its costs while building an 
operating reserve to ensure the financial stability of the FGIS 
program.
    This rule proposes to revise local and national tonnage fees 
(assessed in addition to all other applicable fees) for all export 
shipments serviced by GIPSA field offices. In fiscal year 2013, GIPSA 
would increase the local tonnage fees for (1) League City, Texas from 
$0.115 to $0.125 per metric ton; (2) New Orleans, Louisiana from $0.015 
to $0.033 per metric ton; (3) Portland, Oregon from $0.084 to $0.124 
per metric ton and; (4) Toledo, Ohio from $0.132 to $0.233 per metric 
ton.
    GIPSA proposes to increase the national tonnage fee approximately 5 
percent in fiscal year 2013 from $0.052 to $0.055 per metric ton of 
export grain inspected and/or weighed and approximately 2 percent per 
year for fiscal years 2014 to 2017. In addition, workers compensation 
costs would be shifted from the national to the local level in order to 
fully reflect where those program costs originate. In response to the 
Grain Inspection Advisory Committee resolution in November 2010 that 
GIPSA should establish an equitable tonnage fee for all export tonnage 
utilizing the official system, GIPSA proposes to begin charging the 
national tonnage fee of $0.055 per metric ton on export grain inspected 
and/or weighed (excluding land carrier shipments to Canada and Mexico) 
from delegated states and designated agencies. Currently, delegated 
states and designated agencies only pay a supervision fee of $0.011 per 
metric ton on export grain inspected and/or weighed as found in 
Schedule C of Sec.  800.71. Program fees in Table 1 above show the 
combined national and local tonnage fees for field offices, delegated 
states, and designated agencies.
    GIPSA proposes to amend the fees for official inspection and 
weighing services performed in Canada. These fees currently appear in 
Schedule B of Sec.  800.71. As a result, the separate unit fees for 
official inspection and weighing services performed in Canada would be 
changed to that of the prevailing U.S. non-contract rate, plus the 
prevailing Toledo field office tonnage fee, plus the actual cost of 
travel. GIPSA is also proposing to replace the ``Vomitoxin 
Qualitative'' and ``Vomitoxin Quantitative'' fees with one fee, ``All 
other Mycotoxins,'' in order to simplify the fee schedule for the 
testing of mycotoxins, other than aflatoxin. GIPSA also created 
separate fees for applicants that provide test kits for aflatoxin and 
all other mycotoxin testing. The existing Schedule B would be deleted 
and the existing Schedule C would become Schedule B.
    Fees for foreign travel would be changed from the current daily 
rate of $510.00 to the same established hourly fee for special projects 
and the actual cost of travel, per diem, and related expenditures. All 
remaining fees (except those fees for FGIS supervision of domestic 
official inspection and weighing services, including land carrier 
shipments to Canada and Mexico, performed by delegated States and/or 
designated agencies) would be increased approximately 5 percent in 
fiscal year 2013 and approximately 2

[[Page 2633]]

percent in fiscal years 2014 to 2017 to cover projected costs. (See 
Tables 1, 2, and 3 above.)
    This action is authorized under the USGSA which provides for the 
establishment and collection of fees that are reasonable and, as nearly 
as practicable, cover the costs of the services rendered, including 
associated administrative and supervisory costs. These fees cover the 
GIPSA administrative and supervisory costs for the performance of 
GIPSA's official inspection and weighing services, including personnel 
compensation and benefits, travel, rent, communications, utilities, 
contractual services, supplies, and equipment.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This action is not intended to have retroactive 
effect. The USGSA provides in section 87g that no subdivision may 
require or impose any requirements or restrictions concerning the 
inspection, weighing, or description of grain under the USGSA. 
Otherwise, this rule would not preempt any State or local laws, or 
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.

Executive Order 13175

    This proposed rule has been reviewed with the requirements of 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments. This rule would not have substantial and direct effects on 
Tribal governments and would not have significant Tribal implications.

Paperwork Reduction Act

    In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), the information collection and record keeping requirements 
included in this proposed rule has been approved by the OMB under 
control number 0580-0013.
    GIPSA is committed to complying with the Government Paperwork 
Elimination Act, which requires Government agencies in general to 
provide the public the option of submitting information or transacting 
business electronically to maximum extent possible.

E-Government Compliance

    GIPSA is committed to complying with the E-Government Act, to 
promote the use of the Internet and other information technologies to 
provide increased opportunities for citizen access to Government 
information and services, and for other purposes.

List of Subjects in 7 CFR Part 800

    Administrative practice and procedure, exports, grains, reporting 
and recordkeeping requirements.

    For the reasons set out in the preamble, we propose to amend 7 CFR 
Part 800 as follows:

PART 800--GENERAL REGULATIONS

0
1. The authority citation for part 800 continues to read as follows:

    Authority:  7 U.S.C. 71-87k.
0
2. Section 800.71 is revised to read as follows:


Sec.  800.71  Fees assessed by the Service.

    (a) Official inspection and weighing services. The fees shown in 
Schedule A apply to official inspection and weighing services performed 
by FGIS in the U.S. and Canada. The fees shown in Schedule B apply to 
official domestic inspection and weighing services performed by 
delegated States and designated agencies, including land carrier 
shipments to Canada and Mexico. The fees charged to delegated States by 
the Service are set forth in the State's Delegation of Authority 
document. Failure of a delegated State or designated agency to pay the 
appropriate fees to the Service within 30 days after becoming due will 
result in an automatic termination of the delegation or designation. 
The delegation or designation may be reinstated by the Service if fees 
that are due, plus interest and any further expenses incurred by the 
Service because of the termination, are paid within 60 days of the 
termination.

Schedule A--Fees for Official Inspection and Weighing Services 
Performed in the United States and Canada\1\

Effective May 1, 2013 Through September 30, 2013

(Fiscal Year 2013)

    Table 1--Fees for Official Services Performed at an Applicant's Facility in an Onsite FGIS Laboratory \2\
----------------------------------------------------------------------------------------------------------------
                                                     Monday to       Monday to       Saturday,
                                                  Friday (6 a.m.  Friday (6 a.m.    Sunday, and      Holidays
                                                    to 6 p.m.)      to 6 p.m.)      overtime\3\
----------------------------------------------------------------------------------------------------------------
(1) Inspection and Weighing Services Hourly
 Rates (per service representative):
    1-year contract ($ per hour)................          $37.80          $39.50          $45.20          $67.20
    Noncontract ($ per hour)....................           67.20           67.20           67.20           67.20
----------------------------------------------------------------------------------------------------------------
(2) Additional Tests (cost per test, assessed in addition to the hourly rate): \4\
    (i) Aflatoxin (rapid test kit method).......................................................           10.50
    (ii) Aflatoxin (rapid test kit method-applicant provides kit) \5\...........................            8.50
    (iii) All other Mycotoxins (rapid test kit method)..........................................           19.50
    (iv) All other Mycotoxins (rapid test kit method-applicant provides kit) \5\................           17.50
    (v) NIR or NMR Analysis (protein, oil, starch, etc.)........................................            2.40
    (vi) Waxy corn (per test)...................................................................            2.40
    (vii) Fees for other tests not listed above will be based on the lowest noncontract hourly    ..............
     rate.......................................................................................
    (viii) Other services.......................................................................  ..............
        (a) Class Y Weighing (per carrier)......................................................  ..............
            (1) Truck/container.................................................................            0.40
            (2) Railcar.........................................................................            1.40
            (3) Barge...........................................................................            2.70
(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 serviced by the specific field office (per-metric ton):
        (a) League City.........................................................................           0.180
        (b) New Orleans.........................................................................           0.088

[[Page 2634]]

 
        (c) Portland............................................................................           0.179
        (d) Toledo..............................................................................           0.288
        (e) Delegated States \6\................................................................           0.055
        (f) Designated Agencies \6\.............................................................           0.055
----------------------------------------------------------------------------------------------------------------
\1\ Canada fees include the noncontract hourly rate, the Toledo field office administrative fee, and the actual
  cost of travel.
\2\ Fees apply to original inspection and weighing, re-inspection, 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).
\3\ 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.
\4\ Appeal and re-inspection services will be assessed the same fee as the original inspection service.
\5\ Applicant must provide the test kit, instrument hardware, calibration control, and all supplies required by
  the test kit manufacturer.
\6\ Administrative fee is assessed on export grain inspected and/or weighed, excluding land carrier shipments to
  Canada and Mexico.


 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).......          $21.00
        (b) Railcar (per carrier).......................           31.20
        (c) Barge (per carrier).........................          196.90
        (d) Sacked grain (per hour per service                      0.05
         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).......           12.60
        (b) Railcar (per carrier).......................           26.30
        (c) Barge (per carrier).........................          134.60
        (d) Sacked grain (per hour per service                      0.05
         representative plus an administrative fee per
         hundredweight) (CWT)...........................
    (iv) Other services
        (a) Submitted sample (per sample--grade and                12.60
         factor)........................................
        (b) Warehouseman inspection (per sample)........           22.10
        (c) Factor only (per factor--maximum 2 factors).            6.00
        (d) Checkloading/condition examination (use                 0.05
         hourly rates from Table 1, plus an
         administrative fee per hundredweight if not
         previously assessed) (CWT).....................
        (e) Re-inspection (grade and factor only.                  13.70
         Sampling service additional, item (i) above)...
        (f) Class X Weighing (per hour per service                 67.20
         representative)................................
    (v) Additional tests (excludes sampling):
        (a) Aflatoxin (rapid test kit method)...........           31.50
        (b) Aflatoxin (rapid test kit method-applicant             29.50
         provides kit) \3\..............................
        (c) All other Mycotoxins (rapid test kit method)           40.50
        (d) All other Mycotoxins (rapid test kit method-           38.50
         applicant provides kit) \3\....................
        (e) NIR or NMR Analysis (protein, oil, starch,             10.50
         etc.)..........................................
        (f) Waxy corn (per test)........................           10.50
        (g) Canola (per test-00 dip test)...............           10.50
        (h) Pesticide Residue Testing: \4\
            (1) Routine Compounds (per sample)..........          226.80
            (2) Special Compounds (Subject to                     120.80
             availability)..............................
        (i) 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 \5\
    (i) Board Appeals and Appeals (grade and factor)....           86.10
        (a) Factor only (per factor--max 2 factors).....           45.20
        (b) Sampling service for Appeals additional
         (hourly rates from Table 1)
    (ii) Additional tests (assessed in addition to all
     other applicable tests):
        (a) Aflatoxin (rapid test kit method)...........           31.50
        (b) Aflatoxin (rapid test kit method-applicant             29.50
         provides kit) \3\..............................
        (c) All other Mycotoxins (rapid test kit method)           49.40
        (d) All other Mycotoxins (rapid test kit method-           47.40
         applicant provides kit) \3\....................
        (e) NIR or NMR Analysis (protein, oil, starch,             18.60
         etc.)..........................................
        (f) Sunflower oil (per test)....................           18.60
        (g) Mycotoxin (per test-HPLC)...................          148.10
        (h) Pesticide Residue Testing: \4\
            (1) Routine Compounds (per sample)..........          226.80
            (2) Special Compounds (Subject to                     120.80
             availability)..............................
        (i) 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                 86.80
     representative)....................................
(3) Stowage examination (service-on-request): \4\
    (i) Ship (per stowage space) (minimum $268.00 per              53.60
     ship)..............................................
    (ii) Subsequent ship examinations (same as original)           53.60
     (minimum $160.80 per ship).........................
     (iii) Barge (per examination)......................           43.10

[[Page 2635]]

 
    (iv) All other carriers (per examination)...........          16.80
------------------------------------------------------------------------
\1\ Fees apply to original inspection and weighing, re-inspection, 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\ Applicant must provide the test kit, instrument hardware,
  calibration control, and all supplies required by the test kit
  manufacturer.
\4\ If performed outside of normal business, 1[frac12] times the
  applicable unit fee will be charged.
\5\ If, at the request of the Service, a file sample is located and
  forwarded by the Agency, the Agency may, upon request, be reimbursed
  at the rate of $3.20 per sample by the Service.


                   Table 3--Miscellaneous Services \1\
------------------------------------------------------------------------
 
------------------------------------------------------------------------
(1) Grain grading seminars (per hour per service                  $67.20
 representative) \2\....................................
(2) Certification of diverter-type mechanical samplers             67.20
 (per hour per service representative) \2\..............
(3) Special weighing services (per hour per service
 representative): \2\
    (i) Scale testing and certification.................           87.40
    (ii) Scale testing and certification of railroad               87.40
     track scales.......................................
    (iii) Evaluation of weighing and material handling             87.40
     systems............................................
    (iv) NTEP Prototype evaluation (other than Railroad            87.40
     Track Scales)......................................
    (v) NTEP Prototype evaluation of Railroad Track                87.40
     Scale..............................................
    (vi) Use of GIPSA railroad track scale test                   525.00
     equipment per facility for each requested service.
     (Track scales tested under the Association of
     American Railroads agreement are exempt.)..........
    (vii) Mass standards calibration and re-verification           87.40
    (viii) Special projects.............................           87.40
(4) Foreign travel (hourly fee) \3\.....................           87.40
(5) Online customized data service:
    (i) One data file per week for 1 year...............          525.00
    (ii) One data file per month for 1 year.............          315.00
(6) Samples provided to interested parties (per sample).            3.20
(7) Divided-lot certificates (per certificate)..........            1.90
(8) Extra copies of certificates (per certificate)......            1.90
(9) Faxing (per page)...................................            1.90
(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 $67.20
  per hour.
\2\ Regular business hours--Monday through Friday--service provided at
  other than regular business hours will be charged at 1\1/2\ times the
  applicable hourly rate. (See Sec.   800.0(b)(14) for definition of
  ``business day.'')
\3\ Foreign travel charged hourly fee of $87.40 plus travel, per diem,
  and related expenditures.

Schedule B--Fees for FGIS Supervision of Official Inspection and 
Weighing Services Performed by Delegated States and/or Designated 
Agencies in the U.S.

    The supervision fee charged by the Service is $0.011 per metric ton 
of domestic U.S. grain shipments inspected and/or weighed, including 
land carrier shipments to Canada and Mexico.
    (a) Registration certificates and renewals. (1) The nature of your 
business will determine the fees that your business must pay for 
registration certificates and renewals:
    (i) If you operate a business that buys, handles, weighs, or 
transports grain for sale in foreign commerce, you must pay $135.00.
    (ii) If you operate a business that buys, handles, weighs, or 
transports grain for sale in foreign commerce and you are also in a 
control relationship (see definition in section 17A(b)(2) of the Act) 
with respect to a business that buys, handles, weighs, or transports 
grain for sale in interstate commerce, you must pay $270.00.
    (2) If you request extra copies of registration certificates, you 
must pay $1.90 for each copy.
    (b) Designation amendments. If you submit an application to amend a 
designation, you must pay $75.00.
    (c) If you submit an application to operate as a scale testing 
organization, you must pay $250.00.

Schedule A--Fees for Official Inspection and Weighing Services 
Performed in the United States and Canada \1\

Effective October 1, 2013 Through September 30, 2014

(Fiscal Year 2014)

    Table 1--Fees for Official Services Performed at an Applicant's Facility in an Onsite FGIS Laboratory \2\
----------------------------------------------------------------------------------------------------------------
                                                     Monday to       Monday to       Saturday,
                                                  Friday (6 a.m.  Friday (6 p.m.    Sunday, and      Holidays
                                                    to 6 p.m.)      to 6 a.m.)     overtime \3\
----------------------------------------------------------------------------------------------------------------
(1) Inspection and Weighing Services Hourly
 Rates (per service representative):
    1-year contract ($ per hour)................          $38.60           40.30           46.20           68.60
    Noncontract ($ per hour)....................           68.60           68.60           68.60          68.60
(2) Additional Tests (cost per test, assessed in addition to the hourly rate): \4\
    (i) Aflatoxin (rapid test kit method).......................................................           10.80
    (ii) Aflatoxin (rapid test kit method-applicant provides kit) \5\...........................            8.80

[[Page 2636]]

 
    (iii) All other Mycotoxins (rapid test kit method)..........................................           19.90
    (iv) All other Mycotoxins (rapid test kit method-applicant provides kit) \5\................           17.90
    (v) NIR or NMR Analysis (protein, oil, starch, etc.)........................................            2.50
    (vi) Waxy corn (per test)...................................................................            2.50
    (vii) Fees for other tests not listed above will be based on the lowest noncontract hourly
     rate
    (viii) Other services
        (a) Class Y Weighing (per carrier)
            (1) Truck/container.................................................................            0.50
            (2) Railcar.........................................................................            1.50
            (3) Barge...........................................................................            2.80
(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 serviced by the specific field office (per-metric ton):
        (a) League City.........................................................................           0.184
        (b) New Orleans.........................................................................           0.090
        (c) Portland............................................................................           0.183
        (d) Toledo..............................................................................           0.294
        (e) Delegated States \6\................................................................           0.057
        (f) Designated Agencies \6\.............................................................          0.057
----------------------------------------------------------------------------------------------------------------
\1\ Canada fees include the noncontract hourly rate, the Toledo field office administrative fee, and the actual
  cost of travel.
\2\ Fees apply to original inspection and weighing, re-inspection, 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).
\3\ 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.
\4\ Appeal and re-inspection services will be assessed the same fee as the original inspection service.
\5\ Applicant must provide the test kit, instrument hardware, calibration control, and all supplies required by
  the test kit manufacturer.
\6\ Administrative fee is assessed on export grain inspected and/or weighed, excluding land carrier shipments to
  Canada and Mexico.


 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).......          $21.50
        (b) Railcar (per carrier).......................           31.90
        (c) Barge (per carrier).........................          200.90
        (d) Sacked grain (per hour per service                      0.06
         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).......           12.90
        (b) Railcar (per carrier).......................           26.90
        (c) Barge (per carrier).........................          137.30
        (d) Sacked grain (per hour per service                      0.06
         representative plus an administrative fee per
         hundredweight) (CWT)...........................
    (iv) Other services
        (a) Submitted sample (per sample--grade and                12.90
         factor)........................................
        (b) Warehouseman inspection (per sample)........           22.60
        (c) Factor only (per factor--maximum 2 factors).            6.20
        (d) Checkloading/condition examination (use                 0.06
         hourly rates from Table 1, plus an
         administrative fee per hundredweight if not
         previously assessed) (CWT).....................
        (e) Re-inspection (grade and factor only.                  14.00
         Sampling service additional, item (i) above)...
        (f) Class X Weighing (per hour per service                 68.60
         representative)................................
    (v) Additional tests (excludes sampling):
        (a) Aflatoxin (rapid test kit method)...........           32.20
        (b) Aflatoxin (rapid test kit method-applicant             30.20
         provides kit) \3\..............................
        (c) All other Mycotoxins (rapid test kit method)           41.40
        (d) All other Mycotoxins (rapid test kit method-           39.40
         applicant provides kit) \3\....................
        (e) NIR or NMR Analysis (protein, oil, starch,             10.80
         etc.)..........................................
        (f) Waxy corn (per test)........................           10.80
        (g) Canola (per test-00 dip test)...............           10.80
        (h) Pesticide Residue Testing: \4\
            (1) Routine Compounds (per sample)..........          231.40
            (2) Special Compounds (Subject to                     123.30
             availability)..............................
        (i) 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:
 \5\
    (i) Board Appeals and Appeals (grade and factor)....           87.90
        (a) Factor only (per factor--max 2 factors).....           46.20
        (b) Sampling service for Appeals additional
         (hourly rates from Table 1)
    (ii) Additional tests (assessed in addition to all
     other applicable tests):

[[Page 2637]]

 
        (a) Aflatoxin (rapid test kit method)...........           32.20
        (b) Aflatoxin (rapid test kit method-applicant             30.20
         provides kit) \3\..............................
        (c) All other Mycotoxins (rapid test kit method)           50.40
        (d) All other Mycotoxins (rapid test kit method-           48.40
         applicant provides kit) \3\....................
        (e) NIR or NMR Analysis (protein, oil, starch,             19.00
         etc.)..........................................
        (f) Sunflower oil (per test)....................           19.00
        (g) Mycotoxin (per test-HPLC)...................          151.10
        (h) Pesticide Residue Testing: \4\
            (1) Routine Compounds (per sample)..........          231.40
            (2) Special Compounds (Subject to                     123.30
             availability)..............................
        (i) 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                 88.60
     representative)....................................
(3) Stowage examination (service-on-request): \4\
    (i) Ship (per stowage space) (minimum $273.50 per              54.70
     ship)..............................................
    (ii) Subsequent ship examinations (same as original)           54.70
     (minimum $164.10 per ship).........................
     (iii) Barge (per examination)......................           44.00
    (iv) All other carriers (per examination)...........           17.20
------------------------------------------------------------------------
\1\ Fees apply to original inspection and weighing, re-inspection, 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\ Applicant must provide the test kit, instrument hardware,
  calibration control, and all supplies required by the test kit
  manufacturer.
\4\ If performed outside of normal business, 1[frac12] times the
  applicable unit fee will be charged.
\5\ If, at the request of the Service, a file sample is located and
  forwarded by the Agency, the Agency may, upon request, be reimbursed
  at the rate of $3.30 per sample by the Service.


                   Table 3--Miscellaneous Services \1\
------------------------------------------------------------------------
 
------------------------------------------------------------------------
(1) Grain grading seminars (per hour per        $68.60
 service representative) \2\.
(2) Certification of diverter-type mechanical   68.60
 samplers (per hour per service
 representative) \2\.
(3) Special weighing services (per hour per
 service representative): \2\
    (i) Scale testing and certification.......  89.20
    (ii) Scale testing and certification of     89.20
     railroad track scales.
    (iii) Evaluation of weighing and material   89.20
     handling systems.
    (iv) NTEP Prototype evaluation (other than  89.20
     Railroad Track Scales).
    (v) NTEP Prototype evaluation of Railroad   89.20
     Track Scale.
    (vi) Use of GIPSA railroad track scale      535.50
     test equipment per facility for each
     requested service. (Track scales tested
     under the Association of American
     Railroads agreement are exempt.).
    (vii) Mass standards calibration and re-    89.20
     verification.
    (viii) Special projects...................  89.20
(4) Foreign travel (hourly fee) \3\...........  89.20
(5) Online customized data service:
    (i) One data file per week for 1 year.....  535.50
    (ii) One data file per month for 1 year...  321.30
(6) Samples provided to interested parties      3.30
 (per sample).
(7) Divided-lot certificates (per certificate)  2.00
(8) Extra copies of certificates (per           2.00
 certificate).
(9) Faxing (per page).........................  2.00
(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 $68.60
  per hour.
\2\ Regular business hours--Monday through Friday--service provided at
  other than regular business hours will be charged at 1\1/2\; times the
  applicable hourly rate. (See Sec.   800.0(b)(14) for definition of
  ``business day.'')
\3\Foreign travel charged hourly fee of $89.20 plus travel, per diem,
  and related expenditures.

Schedule B--Fees for FGIS Supervision of Official Inspection and 
Weighing Services Performed by Delegated States and/or Designated 
Agencies in the U.S.

    The supervision fee charged by the Service is $0.011 per metric ton 
of domestic U.S. grain shipments inspected and/or weighed, including 
land carrier shipments to Canada and Mexico.
    (a) Registration certificates and renewals. (1) The nature of your 
business will determine the fees that your business must pay for 
registration certificates and renewals:
    (i) If you operate a business that buys, handles, weighs, or 
transports grain for sale in foreign commerce, you must pay $135.00.
    (ii) If you operate a business that buys, handles, weighs, or 
transports grain for sale in foreign commerce and you are also in a 
control relationship (see definition in section 17A(b)(2) of the Act) 
with respect to a business that buys, handles, weighs, or transports 
grain for sale in interstate commerce, you must pay $270.00.
    (2) If you request extra copies of registration certificates, you 
must pay $2.00 for each copy.
    (b) Designation amendments. If you submit an application to amend a 
designation, you must pay $75.00.
    (c) If you submit an application to operate as a scale testing 
organization, you must pay $250.00.

[[Page 2638]]

Schedule A--Fees for Official Inspection and Weighing Services 
Performed in the United States and Canada \1\

Effective October 1, 2014 Through September 30, 2015

(Fiscal Year 2015)

    Table 1--Fees for Official Services Performed at an Applicant's Facility in an Onsite FGIS Laboratory \2\
----------------------------------------------------------------------------------------------------------------
                                                     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 \3\
----------------------------------------------------------------------------------------------------------------
(1) Inspection and Weighing Services Hourly
 Rates (per service representative):
    1-year contract ($ per hour)................          $39.40           41.20           47.20           70.00
    Noncontract ($ per hour)....................           70.00           70.00           70.00           70.00
----------------------------------------------------------------------------------------------------------------
(2) Additional Tests (cost per test, assessed in addition to the hourly rate): \4\
    (i) Aflatoxin (rapid test kit method).......................................................           11.10
    (ii) Aflatoxin (rapid test kit method-applicant provides kit) \5\...........................            9.10
    (iii) All other Mycotoxins (rapid test kit method)..........................................           20.30
    (iv) All other Mycotoxins (rapid test kit method-applicant provides kit) \5\................           18.30
    (v) NIR or NMR Analysis (protein, oil, starch, etc.)........................................            2.60
    (vi) Waxy corn (per test)...................................................................            2.60
    (vii) Fees for other tests not listed above will be based on the lowest noncontract hourly
     rate
    (viii) Other services
        (a) Class Y Weighing (per carrier)
            (1) Truck/container.................................................................            0.60
            (2) Railcar.........................................................................            1.60
            (3) Barge...........................................................................            2.90
(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 serviced by the specific field office (per-metric ton):
        (a) League City.........................................................................           0.188
        (b) New Orleans.........................................................................           0.092
        (c) Portland............................................................................           0.187
        (d) Toledo..............................................................................           0.300
        (e) Delegated States \6\................................................................           0.059
        (f) Designated Agencies \6\.............................................................           0.059
----------------------------------------------------------------------------------------------------------------
\1\ Canada fees include the noncontract hourly rate, the Toledo field office administrative fee, and the actual
  cost of travel.
\2\ Fees apply to original inspection and weighing, re-inspection, 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).
\3\ 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.
\4\Appeal and re-inspection services will be assessed the same fee as the original inspection service.
\5\ Applicant must provide the test kit, instrument hardware, calibration control, and all supplies required by
  the test kit manufacturer.
\6\ Administrative fee is assessed on export grain inspected and/or weighed, excluding land carrier shipments to
  Canada and Mexico.


 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).......          $22.00
        (b) Railcar (per carrier).......................           32.60
        (c) Barge (per carrier).........................          205.00
        (d) Sacked grain (per hour per service                      0.07
         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).......           13.20
        (b) Railcar (per carrier).......................           27.50
        (c) Barge (per carrier).........................          140.10
        (d) Sacked grain (per hour per service                      0.07
         representative plus an administrative fee per
         hundredweight) (CWT)...........................
    (iv) Other services
        (a) Submitted sample (per sample--grade and                13.20
         factor)........................................
        (b) Warehouseman inspection (per sample)........           23.10
        (c) Factor only (per factor--maximum 2 factors).            6.40
        (d) Checkloading/condition examination (use                 0.07
         hourly rates from Table 1, plus an
         administrative fee per hundredweight if not
         previously assessed) (CWT).....................
        (e) Re-inspection (grade and factor only.                  14.30
         Sampling service additional, item (i) above)...
        (f) Class X Weighing (per hour per service                 70.00
         representative)................................

[[Page 2639]]

 
    (v) Additional tests (excludes sampling):
        (a) Aflatoxin (rapid test kit method)...........           32.90
        (b) Aflatoxin (rapid test kit method-applicant             30.90
         provides kit) \3\..............................
        (c) All other Mycotoxins (rapid test kit method)           42.30
        (d) All other Mycotoxins (rapid test kit method-           40.30
         applicant provides kit) \3\....................
        (e) NIR or NMR Analysis (protein, oil, starch,             11.10
         etc.)..........................................
        (f) Waxy corn (per test)........................           11.10
        (g) Canola (per test-00 dip test)...............           11.10
        (h) Pesticide Residue Testing: \4\
            (1) Routine Compounds (per sample)..........          236.10
            (2) Special Compounds (Subject to                     125.80
             availability)..............................
        (i) 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.
 \5\
    (i) Board Appeals and Appeals (grade and factor)....           89.70
        (a) Factor only (per factor--max 2 factors).....           47.20
        (b) Sampling service for Appeals additional
         (hourly rates from Table 1)
    (ii) Additional tests (assessed in addition to all
     other applicable tests):
        (a) Aflatoxin (rapid test kit method)...........           32.90
        (b) Aflatoxin (rapid test kit method-applicant             30.90
         provides kit) \3\..............................
         (c) All other Mycotoxins (rapid test kit                  51.50
         method)........................................
        (d) All other Mycotoxins (rapid test kit method-           49.50
         applicant provides kit) \3\....................
        (e) NIR or NMR Analysis (protein, oil, starch,             19.40
         etc.)..........................................
        (f) Sunflower oil (per test)....................           19.40
        (g) Mycotoxin (per test-HPLC)...................          154.20
        (h) Pesticide Residue Testing: \4\
            (1) Routine Compounds (per sample)..........          236.10
            (2) Special Compounds (Subject to                     125.80
             availability)..............................
        (i) 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                 90.40
     representative)....................................
(3) Stowage examination (service-on-request): \4\
    (i) Ship (per stowage space) (minimum $279.00 per              55.80
     ship)..............................................
    (ii) Subsequent ship examinations (same as original)           55.80
     (minimum $167.40 per ship).........................
    (iii) Barge (per examination).......................           44.90
    (iv) All other carriers (per examination)...........           17.60
------------------------------------------------------------------------
 \1\ Fees apply to original inspection and weighing, re-inspection, 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\ Applicant must provide the test kit, instrument hardware,
  calibration control, and all supplies required by the test kit
  manufacturer.
 \4\ If performed outside of normal business, 1\1/2\; times the
  applicable unit fee will be charged.
 \5\ If, at the request of the Service, a file sample is located and
  forwarded by the Agency, the Agency may, upon request, be reimbursed
  at the rate of $3.40 per sample by the Service.


                   Table 3--Miscellaneous Services \1\
------------------------------------------------------------------------
 
------------------------------------------------------------------------
(1) Grain grading seminars (per hour per service                  $70.00
 representative) \2\....................................
(2) Certification of diverter-type mechanical samplers             70.00
 (per hour per service representative) \2\..............
(3) Special weighing services (per hour per service
 representative): \2\
    (i) Scale testing and certification.................           91.00
    (ii) Scale testing and certification of railroad               91.00
     track scales.......................................
    (iii) Evaluation of weighing and material handling             91.00
     systems............................................
    (iv) NTEP Prototype evaluation (other than Railroad            91.00
     Track Scales)......................................
    (v) NTEP Prototype evaluation of Railroad Track                91.00
     Scale..............................................
    (vi) Use of GIPSA railroad track scale test                   546.30
     equipment per facility for each requested service.
     (Track scales tested under the Association of
     American Railroads agreement are exempt.)..........
    (vii) Mass standards calibration and re-verification           91.00
    (viii) Special projects.............................           91.00
(4) Foreign travel (hourly fee) \3\.....................           91.00
(5) Online customized data service:
    (i) One data file per week for 1 year...............          546.30
    (ii) One data file per month for 1 year.............          327.80
(6) Samples provided to interested parties (per sample).            3.40
(7) Divided-lot certificates (per certificate)..........            2.10
(8) Extra copies of certificates (per certificate)......            2.10
(9) Faxing (per page)...................................            2.10
(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 $70.00
  per hour.
\2\ Regular business hours--Monday through Friday--service provided at
  other than regular business hours will be charged at 1[frac12] times
  the applicable hourly rate. (See Sec.   800.0(b)(14) for definition of
  ``business day.'')
\3\ Foreign travel charged hourly fee of $91.00 plus travel, per diem,
  and related expenditures.


[[Page 2640]]

Schedule B--Fees for FGIS Supervision of Official Inspection and 
Weighing Services Performed by Delegated States and/or Designated 
Agencies in the U.S.

    The supervision fee charged by the Service is $0.011 per metric ton 
of domestic U.S. grain shipments inspected and/or weighed, including 
land carrier shipments to Canada and Mexico.
    (a) Registration certificates and renewals. (1) The nature of your 
business will determine the fees that your business must pay for 
registration certificates and renewals:
    (i) If you operate a business that buys, handles, weighs, or 
transports grain for sale in foreign commerce, you must pay $135.00.
    (ii) If you operate a business that buys, handles, weighs, or 
transports grain for sale in foreign commerce and you are also in a 
control relationship (see definition in section 17A(b)(2) of the Act) 
with respect to a business that buys, handles, weighs, or transports 
grain for sale in interstate commerce, you must pay $270.00.
    (2) If you request extra copies of registration certificates, you 
must pay $2.10 for each copy.
    (b) Designation amendments. If you submit an application to amend a 
designation, you must pay $75.00.
    (c) If you submit an application to operate as a scale testing 
organization, you must pay $250.00.

Schedule A--Fees for Official Inspection and Weighing Services 
Performed in the United States and Canada\1\

Effective October 1, 2015 Through September 30, 2016

(Fiscal Year 2016)

    Table 1--Fees for Official Services Performed at an Applicant's Facility in an Onsite FGIS Laboratory \2\
----------------------------------------------------------------------------------------------------------------
                                                    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 \3\
----------------------------------------------------------------------------------------------------------------
(1) Inspection and Weighing Services Hourly
 Rates (per service representative):
    1-year contract ($ per hour)................          $40.20           42.10           48.20           71.40
    Noncontract ($ per hour)....................           71.40           71.40           71.40           71.40
----------------------------------------------------------------------------------------------------------------
(2) Additional Tests (cost per test, assessed in addition to the hourly rate): \4\
    (i) Aflatoxin (rapid test kit method).......................................................           11.40
    (ii) Aflatoxin (rapid test kit method-applicant provides kit) \5\...........................            9.40
    (iii) All other Mycotoxins (rapid test kit method)..........................................           20.80
    (iv) All other Mycotoxins (rapid test kit method-applicant provides kit) \5\................           18.80
    (v) NIR or NMR Analysis (protein, oil, starch, etc.)........................................            2.70
    (vi) Waxy corn (per test)...................................................................            2.70
    (vii) Fees for other tests not listed above will be based on the lowest noncontract hourly
     rate.......................................................................................
    (viii) Other services.......................................................................
        (a) Class Y Weighing (per carrier)......................................................
            (1) Truck/container.................................................................            0.70
            (2) Railcar.........................................................................            1.70
            (3) Barge...........................................................................            3.00
(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 serviced by the specific field office (per-metric ton):
        (a) League City.........................................................................           0.192
        (b) New Orleans.........................................................................           0.094
        (c) Portland............................................................................           0.191
        (d) Toledo..............................................................................           0.306
        (e) Delegated States \6\................................................................           0.061
        (f) Designated Agencies \6\.............................................................           0.061
----------------------------------------------------------------------------------------------------------------
\1\ Canada fees include the noncontract hourly rate, the Toledo field office administrative fee, and the actual
  cost of travel.
\2\ Fees apply to original inspection and weighing, re-inspection, 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).
\3\ 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.
\4\ Appeal and re-inspection services will be assessed the same fee as the original inspection service.
\5\ Applicant must provide the test kit, instrument hardware, calibration control, and all supplies required by
  the test kit manufacturer.
\6\ Administrative fee is assessed on export grain inspected and/or weighed, excluding land carrier shipments to
  Canada and Mexico.


 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).......          $22.50
        (b) Railcar (per carrier).......................           33.30
        (c) Barge (per carrier).........................          209.10
        (d) Sacked grain (per hour per service                      0.08
         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).......           13.50
        (b) Railcar (per carrier).......................           28.10
        (c) Barge (per carrier).........................          143.00
        (d) Sacked grain (per hour per service                      0.08
         representative plus an administrative fee per
         hundredweight) (CWT)...........................

[[Page 2641]]

 
    (iv) Other services
        (a) Submitted sample (per sample--grade and                13.50
         factor)........................................
        (b) Warehouseman inspection (per sample)........           23.60
        (c) Factor only (per factor--maximum 2 factors).            6.60
        (d) Checkloading/condition examination (use                 0.08
         hourly rates from Table 1, plus an
         administrative fee per hundredweight if not
         previously assessed) (CWT).....................
        (e) Re-inspection (grade and factor only.                  14.60
         Sampling service additional, item (i) above)...
        (f) Class X Weighing (per hour per service                 71.40
         representative)................................
    (v) Additional tests (excludes sampling):
        (a) Aflatoxin (rapid test kit method)...........           33.60
        (b) Aflatoxin (rapid test kit method--applicant            31.60
         provides kit) \3\..............................
        (c) All other Mycotoxins (rapid test kit method)           43.20
        (d) All other Mycotoxins (rapid test kit method--          41.20
         applicant provides kit) \3\....................
        (e) NIR or NMR Analysis (protein, oil, starch,             11.40
         etc.)..........................................
        (f) Waxy corn (per test)........................           11.40
        (g) Canola (per test--00 dip test)..............           11.40
        (h) Pesticide Residue Testing: \4\
            (1) Routine Compounds (per sample)..........          240.90
            (2) Special Compounds (Subject to                     128.40
             availability)..............................
        (i) 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.\5\
    (i) Board Appeals and Appeals (grade and factor)....           91.50
        (a) Factor only (per factor--max 2 factors).....           48.20
        (b) Sampling service for Appeals additional
         (hourly rates from Table 1)
    (ii) Additional tests (assessed in addition to all
     other applicable tests):
        (a) Aflatoxin (rapid test kit method)...........           33.60
        (b) Aflatoxin (rapid test kit method--applicant            31.60
         provides kit) \3\..............................
        (c) All other Mycotoxins (rapid test kit method)           52.60
        (d) All other Mycotoxins (rapid test kit method--          50.60
         applicant provides kit) \3\....................
        (e) NIR or NMR Analysis (protein, oil, starch,             19.80
         etc.)..........................................
        (f) Sunflower oil (per test)....................           19.80
        (g) Mycotoxin (per test--HPLC)..................          157.30
        (h) Pesticide Residue Testing: \4\
            (1) Routine Compounds (per sample)..........          240.90
            (2) Special Compounds (Subject to                     128.40
             availability)..............................
        (i) 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                 92.30
     representative)....................................
(3) Stowage examination (service-on-request): \4\
    (i) Ship (per stowage space) (minimum $285.00 per              57.00
     ship)..............................................
    (ii) Subsequent ship examinations (same as original)           57.00
     (minimum $171.00 per ship).........................
     (iii) Barge (per examination)......................           45.80
    (iv) All other carriers (per examination)...........           18.00
------------------------------------------------------------------------
\1\ Fees apply to original inspection and weighing, re-inspection, 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\ Applicant must provide the test kit, instrument hardware,
  calibration control, and all supplies required by the test kit
  manufacturer.
\4\ If performed outside of normal business, 1\1/2\ times the applicable
  unit fee will be charged.
\5\ If, at the request of the Service, a file sample is located and
  forwarded by the Agency, the Agency may, upon request, be reimbursed
  at the rate of $3.50 per sample by the Service.


                   Table 3--Miscellaneous Services \1\
------------------------------------------------------------------------
 
------------------------------------------------------------------------
(1) Grain grading seminars (per hour per service                  $71.40
 representative) \2\....................................
(2) Certification of diverter-type mechanical samplers             71.40
 (per hour per service representative) \2\..............
(3) Special weighing services (per hour per service
 representative): \2\
    (i) Scale testing and certification.................           92.90
    (ii) Scale testing and certification of railroad               92.90
     track scales.......................................
    (iii) Evaluation of weighing and material handling             92.90
     systems............................................
    (iv) NTEP Prototype evaluation (other than Railroad            92.90
     Track Scales)......................................
    (v) NTEP Prototype evaluation of Railroad Track                92.90
     Scale..............................................
    (vi) Use of GIPSA railroad track scale test                   557.30
     equipment per facility for each requested service.
     (Track scales tested under the Association of
     American Railroads agreement are exempt.)..........
    (vii) Mass standards calibration and re-verification           92.90
    (viii) Special projects.............................           92.90
(4) Foreign travel (hourly fee) \3\.....................           92.90
(5) Online customized data service:.....................
    (i) One data file per week for 1 year...............          557.30
    (ii) One data file per month for 1 year.............          334.40
(6) Samples provided to interested parties (per sample).            3.50
(7) Divided-lot certificates (per certificate)..........            2.20
(8) Extra copies of certificates (per certificate)......            2.20
(9) Faxing (per page)...................................            2.20

[[Page 2642]]

 
(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 $71.40
  per hour.
\2\ Regular business hours--Monday through Friday--service provided at
  other than regular business hours will be charged at 1\1/2\ times the
  applicable hourly rate. (See Sec.   800.0(b)(14) for definition of
  ``business day.'')
\3\ Foreign travel charged hourly fee of $92.90 plus travel, per diem,
  and related expenditures.

Schedule B--Fees for FGIS Supervision of Official Inspection and 
Weighing Services Performed by Delegated States and/or Designated 
Agencies in the U.S.

    The supervision fee charged by the Service is $0.011 per metric ton 
of domestic U.S. grain shipments inspected and/or weighed, including 
land carrier shipments to Canada and Mexico.
    (a) Registration certificates and renewals. (1) The nature of your 
business will determine the fees that your business must pay for 
registration certificates and renewals:
    (i) If you operate a business that buys, handles, weighs, or 
transports grain for sale in foreign commerce, you must pay $135.00.
    (ii) If you operate a business that buys, handles, weighs, or 
transports grain for sale in foreign commerce and you are also in a 
control relationship (see definition in section 17A(b)(2) of the Act) 
with respect to a business that buys, handles, weighs, or transports 
grain for sale in interstate commerce, you must pay $270.00.
    (2) If you request extra copies of registration certificates, you 
must pay $2.20 for each copy.
    (b) Designation amendments. If you submit an application to amend a 
designation, you must pay $75.00.
    (c) If you submit an application to operate as a scale testing 
organization, you must pay $250.00.

Schedule A--Fees for Official Inspection and Weighing Services 
Performed in the United States and Canada \1\

Effective October 1, 2016 Through September 30, 2017

(Fiscal Year 2017)

    Table 1--Fees for Official Services Performed at an Applicant's Facility in an Onsite FGIS Laboratory \2\
----------------------------------------------------------------------------------------------------------------
                                                              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 \3\
----------------------------------------------------------------------------------------------------------------
(1) Inspection and Weighing Services Hourly Rates (per
 service representative):
    1-year contract ($ per hour)...........................       $41.10        43.00         49.20        72.90
    Noncontract ($ per hour)...............................        72.90        72.90         72.90        72.90
============================================================
(2) Additional Tests (cost per test, assessed in addition
 to the hourly rate): \4\
    (i) Aflatoxin (rapid test kit method)..................        11.70
    (ii) Aflatoxin (rapid test kit method-applicant                 9.70
     provides kit) \5\.....................................
    (iii) All other Mycotoxins (rapid test kit method).....        21.30
    (iv) All other Mycotoxins (rapid test kit method-              19.30
     applicant provides kit) \5\...........................
    (v) NIR or NMR Analysis (protein, oil, starch, etc.)...         2.80
    (vi) Waxy corn (per test)..............................         2.80
    (vii) Fees for other tests not listed above will be
     based on the lowest noncontract hourly rate
    (viii) Other services
        (a) Class Y Weighing (per carrier)
            (1) Truck/container............................         0.80
            (2) Railcar....................................         1.80
            (3) Barge......................................         3.10
(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 serviced by the specific       ...........
     field office (per-metric ton):
        (a) League City....................................  ...........  ...........  ............        0.196
        (b) New Orleans....................................  ...........  ...........  ............        0.096
        (c) Portland.......................................  ...........  ...........  ............        0.195
        (d) Toledo.........................................  ...........  ...........  ............        0.313
        (e) Delegated States \6\...........................  ...........  ...........  ............        0.063
        (f) Designated Agencies \6\........................  ...........  ...........  ............        0.063
----------------------------------------------------------------------------------------------------------------
\1\ Canada fees include the noncontract hourly rate, the Toledo field office administrative fee, and the actual
  cost of travel.
\2\ Fees apply to original inspection and weighing, re-inspection, 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).
\3\ 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.
\4\ Appeal and re-inspection services will be assessed the same fee as the original inspection service.
\5\ Applicant must provide the test kit, instrument hardware, calibration control, and all supplies required by
  the test kit manufacturer.
\6\ Administrative fee is assessed on export grain inspected and/or weighed, excluding land carrier shipments to
  Canada and Mexico.


 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)........

[[Page 2643]]

 
    (ii) Stationary lots (sampling, grade/factor, &
     checkloading):
        (a) Truck/trailer/container (per carrier)............     $23.00
        (b) Railcar (per carrier)............................      34.00
        (c) Barge (per carrier)..............................     213.30
        (d) Sacked grain (per hour per service representative       0.09
         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)............      13.80
        (b) Railcar (per carrier)............................      28.70
        (c) Barge (per carrier)..............................     145.90
        (d) Sacked grain (per hour per service representative       0.09
         plus an administrative fee per hundredweight) (CWT).
    (iv) Other services
        (a) Submitted sample (per sample--grade and factor)..      13.80
        (b) Warehouseman inspection (per sample).............      24.10
        (c) Factor only (per factor--maximum 2 factors)......       6.80
        (d) Checkloading/condition examination (use hourly          0.09
         rates from Table 1, plus an administrative fee per
         hundredweight if not previously assessed) (CWT).....
        (e) Re-inspection (grade and factor only. Sampling         14.90
         service additional, item (i) above).................
        (f) Class X Weighing (per hour per service                 72.90
         representative).....................................
    (v) Additional tests (excludes sampling):
        (a) Aflatoxin (rapid test kit method)................      34.30
        (b) Aflatoxin (rapid test kit method-applicant             32.30
         provides kit) \3\...................................
        (c) All other Mycotoxins (rapid test kit method).....      44.10
        (d) All other Mycotoxins (rapid test kit method-           42.10
         applicant provides kit)\3\..........................
        (e) NIR or NMR Analysis (protein, oil, starch, etc.).      11.70
        (f) Waxy corn (per test).............................      11.70
        (g) Canola (per test-00 dip test)....................      11.70
        (h) Pesticide Residue Testing: \4\
            (1) Routine Compounds (per sample)...............     245.80
            (2) Special Compounds (Subject to availability)..     131.00
        (i) 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 \5\
    (i) Board Appeals and Appeals (grade and factor).........      93.40
    (a) Factor only (per factor--max 2 factors)..............      49.20
    (b) Sampling service for Appeals additional (hourly rates
     from Table 1)...........................................
    (ii) Additional tests (assessed in addition to all other
     applicable tests):
        (a) Aflatoxin (rapid test kit method)................      34.30
        (b) Aflatoxin (rapid test kit method-applicant             32.30
         provides kit) \3\...................................
        (c) All other Mycotoxins (rapid test kit method).....      53.70
        (d) All other Mycotoxins (rapid test kit method-           51.70
         applicant provides kit) \3\.........................
        (e) NIR or NMR Analysis (protein, oil, starch, etc.).      20.20
        (f) Sunflower oil (per test).........................      20.20
        (g) Mycotoxin (per test-HPLC)........................     160.50
        (h) Pesticide Residue Testing: \4\
            (1) Routine Compounds (per sample)...............     245.80
            (2) Special Compounds (Subject to availability)..     131.00
        (i) 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                 94.20
     representative).........................................
(3) Stowage examination (service-on-request): \4\
    (i) Ship (per stowage space) (minimum $291.00 per ship)..      58.20
    (ii) Subsequent ship examinations (same as original)           58.20
     (minimum $174.60 per ship)..............................
     (iii) Barge (per examination)...........................      46.80
    (iv) All other carriers (per examination)................      18.40
------------------------------------------------------------------------
\1\ Fees apply to original inspection and weighing, re-inspection, 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\ Applicant must provide the test kit, instrument hardware,
  calibration control, and all supplies required by the test kit
  manufacturer.
\4\ If performed outside of normal business, 1\1/2\ times the applicable
  unit fee will be charged.
\5\ If, at the request of the Service, a file sample is located and
  forwarded by the Agency, the Agency may, upon request, be reimbursed
  at the rate of $3.60 per sample by the Service.


                   Table 3--Miscellaneous Services \1\
------------------------------------------------------------------------
 
------------------------------------------------------------------------
(1) Grain grading seminars (per hour per service                  $72.90
 representative) \2\.........................................
(2) Certification of diverter-type mechanical samplers (per        72.90
 hour per service representative) \2\........................
(3) Special weighing services (per hour per service
 representative): \2\
    (i) Scale testing and certification......................      94.80
    (ii) Scale testing and certification of railroad track         94.80
     scales..................................................
    (iii) Evaluation of weighing and material handling             94.80
     systems.................................................
    (iv) NTEP Prototype evaluation (other than Railroad Track      94.80
     Scales).................................................
    (v) NTEP Prototype evaluation of Railroad Track Scale....      94.80
    (vi) Use of GIPSA railroad track scale test equipment per     568.50
     facility for each requested service. (Track scales
     tested under the Association of American Railroads
     agreement are exempt.)..................................

[[Page 2644]]

 
    (vii) Mass standards calibration and re-verification.....      94.80
    (viii) Special projects..................................      94.80
(4) Foreign travel (hourly fee) \3\..........................      94.80
(5) Online customized data service:
    (i) One data file per week for 1 year....................     568.50
    (ii) One data file per month for 1 year..................     341.10
(6) Samples provided to interested parties (per sample)......       3.60
(7) Divided-lot certificates (per certificate)...............       2.30
(8) Extra copies of certificates (per certificate)...........       2.30
(9) Faxing (per page)........................................       2.30
(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 $72.90
  per hour.
\2\ Regular business hours--Monday through Friday--service provided at
  other than regular business hours will be charged at 1\1/2\ times the
  applicable hourly rate. (See Sec.   800.0(b)(14) for definition of
  ``business day.'')
\3\ Foreign travel charged hourly fee of $94.80 plus travel, per diem,
  and related expenditures.

Schedule B--Fees for FGIS Supervision of Official Inspection and 
Weighing Services Performed by Delegated States and/or Designated 
Agencies in the U.S.

    The supervision fee charged by the Service is $0.011 per metric ton 
of domestic U.S. grain shipments inspected and/or weighed, including 
land carrier shipments to Canada and Mexico.
    (a) Registration certificates and renewals. (1) The nature of your 
business will determine the fees that your business must pay for 
registration certificates and renewals:
    (i) If you operate a business that buys, handles, weighs, or 
transports grain for sale in foreign commerce, you must pay $135.00.
    (ii) If you operate a business that buys, handles, weighs, or 
transports grain for sale in foreign commerce and you are also in a 
control relationship (see definition in section 17A(b)(2) of the Act) 
with respect to a business that buys, handles, weighs, or transports 
grain for sale in interstate commerce, you must pay $270.00.
    (2) If you request extra copies of registration certificates, you 
must pay $2.30 for each copy.
    (b) Designation amendments. If you submit an application to amend a 
designation, you must pay $75.00.
    (c) If you submit an application to operate as a scale testing 
organization, you must pay $250.00.

Larry Mitchell,
Administrator, Grain Inspection, Packers and Stockyards.
[FR Doc. 2013-00455 Filed 1-11-13; 8:45 am]
BILLING CODE 3410-KD-P