[Federal Register Volume 78, Number 72 (Monday, April 15, 2013)]
[Rules and Regulations]
[Pages 22151-22166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08809]



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  Federal Register / Vol. 78, No. 72 / Monday, April 15, 2013 / Rules 
and Regulations  

[[Page 22151]]



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: Final rule.

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

SUMMARY: The Department of Agriculture (USDA), Grain Inspection, 
Packers and Stockyards Administration (GIPSA) is revising 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. The 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 
revising local and national tonnage fees (assessed in addition to all 
other applicable fees) for all export grain shipments serviced by GIPSA 
field offices.

DATES: Effective Date: May 1, 2013.

FOR FURTHER INFORMATION CONTACT: Patrick McCluskey at GIPSA, USDA, 
10383 N. Ambassador Drive, Kansas City, MO 64153; Telephone (816) 659-
8403; Fax Number (816) 872-1258; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The USGSA (7 U.S.C. 71-81k) 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 the current fee structure was established 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 63.9 
MMT, and anticipates inspecting 59.8 MMT during fiscal year 2013 and an 
average of 65.00 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, GIPSA revenue was $28.7 million 
and costs at $35.1 million, resulting in a $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.

Discussion of Comments

    On January 14, 2013, GIPSA published a notice of proposed 
rulemaking in the Federal Register (78 FR 2627-2644), inviting comments 
to our proposal that would change the fees for official inspection and 
weighing

[[Page 22152]]

services to (1) revise and reallocate national and local administrative 
tonnage fees to existing GIPSA field offices and levy the national 
administrative tonnage fee on all grain export inspections performed by 
official agencies; (2) align fees charged by GIPSA for services 
performed in Canada with those fees charged in the U.S. to reflect the 
change in delivery of services from the Canadian Grain Commission to 
GIPSA; (3) revise stowage exam to be commensurate with fees charged for 
other programs; (4) revise scale testing fees to more accurately 
capture the cost of providing service, including building improvements 
and test car replacement; and (5) revise daily fees for consultative 
services not associated with official inspection and weighing services 
(i.e. foreign travel) to more accurately capture costs.
    GIPSA received five comments from wheat producer organizations, 
grain processor organizations, grain handlers, market developers, and 
others during the 30-day comment period. No comments were received in 
opposition to the rule as proposed.
    One commenter, a market development organization representing 
American wheat producers supported the proposed rule, stating that the 
organization's ``Board of Directors overwhelmingly approved a motion to 
support the fee increase as proposed by GIPSA.'' Further, the comment 
stated that ``All growers benefit directly from an open and well 
functioning market. FGIS provides key services that contribute to 
efficient price discovery and the orderly marketing of U.S. grain.'' 
The commenter also stated ``Presently, overseas buyers are willing to 
pay more for U.S. wheat because they have confidence in our industry, 
growers and the grain grading system.
    Three other commenters also supported the proposed rule. One 
commenter stated that: ``The inspection and weighing services performed 
by GIPSA are necessary to the export of U.S. grains and oilseeds. It is 
critical that our international customers can continue to rely on the 
applications of standards to the U.S. grain and oil seed production and 
marketing system that facilitate international commerce.'' The comment 
also recognized that ``exporters can only deal with increased costs by 
recouping them from the cash bids offered for commodities purchased 
from farmers.''
    Another commenter, representing American soybean producers stated 
they ``* * * support the agency's proposed changes to the fee schedule 
and further encourage adoption of the recommendations to the fee 
schedule contained in the proposed rule to modify the overall structure 
of the current user fee system.''
    One comment was filed jointly by associations that represent grain 
handling and merchandising companies. Their joint comment supported the 
proposal with certain conditions. The comment stated ``Rather than 
continuing to rely only on the subjective and time- and resource-
consuming rulemaking process to modify fees, we suggest that GIPSA 
approach the establishment of fees as an ongoing and market-responsive 
process.'' The conditions are discussed herein.
    The joint commenters support using a rolling five-year average as 
the basis for the tonnage user fee calculation for adjusting fees 
continually and more accurately. GIPSA does not agree with the use of a 
five-year rolling average as historically it has been less reliable as 
a predictive model due to actual fluctuations year over year when 
compared to the econometric model used by GIPSA. The following table 
demonstrates the outcome of a five-year rolling average approach.

------------------------------------------------------------------------
                                                    Rolling 5
              Fiscal year                  Actual      year      Years
                                          tonnage    average      used
------------------------------------------------------------------------
2004...................................       76.3  .........  .........
2005...................................       69.9  .........  .........
2006...................................       75.3  .........  .........
2007...................................       76.9  .........  .........
2008...................................       81.4  .........  .........
2009...................................       71.4       76.0      04-08
2010...................................       77.7       75.0      05-09
2011...................................       81.2       76.5      06-10
2012...................................       63.9       77.7      07-11
2013*..................................       59.8       75.1      08-12
------------------------------------------------------------------------
* Based on actual exports through February 28, 2013 and projected
  tonnage from the econometric model using USDA-World Agriculture Supply
  and Demand Estimates data.

    GIPSA believes the use of a rolling five-year average does not 
offer sufficient assurance that it will have adequate funds to operate 
the program in a sustainable manner particularly in light of declining 
exports. Further, GIPSA believes that a schedule of fees for a five 
year period, which are known to stakeholders, allows them to more 
accurately plan and budget for known expenses like GIPSA's fees for 
service. Finally, GIPSA is required to engage in the notice and comment 
rulemaking process prior to making changes to its fee structure to give 
stakeholders the opportunity to participate in crafting a final rule. 
Therefore, GIPSA is making no change to the final rule based on this 
comment.
    The joint commenters suggested a maximum three-month operating 
reserve with an immediate fee reduction when/if the operating reserve 
fund were to reach that cap. GIPSA's goal is to maintain a minimum of 
three months of retained earnings as opposed to a maximum level. GIPSA 
believes proper business acumen suggests that modifying fees when the 
retained earnings reach a 3-month level should be undertaken only after 
considering USDA official projections for the upcoming export marketing 
year. GIPSA closely monitors the export program costs and revenue on a 
monthly basis. GIPSA supports the suggestion to the extent that when 
retained earnings reach a 3-month level and future exports are 
predicted to surpass expectations, GIPSA would then consider proposing 
fee structure modifications through the notice and comment rulemaking 
process. Accordingly, we are making no change to the final rule based 
on this comment.
    The joint commenters further suggest that GIPSA should determine 
what programs can be terminated, scaled back or consolidated to reduce 
its administrative overhead further. GIPSA agrees that reviewing 
programs to extract maximum value from revenue generated is prudent. 
Because GIPSA has already cut program costs where possible without 
detracting from GIPSA's ability to perform its mission, and continues 
to seek additional cost efficiencies, we are making no change to the 
final rule based on this comment.
    The joint commenters went on to propose that GIPSA should 
aggressively seek ways to reduce indirect employee expenses, such as 
workers compensation, which is being reallocated from the national 
office to local offices. GIPSA believes that workers compensation costs 
should be allocated to the local area where the costs originated and 
are incurred. GIPSA agrees that undertaking activity to reduce workers 
compensation claims through enhanced safety training and education is a 
worthy objective, and GIPSA is moving forward with initiatives to 
improve its safety training plan to include fall protection training, a 
job safety training outline with an annual completion requirement, and 
the development of a fall hazard assessment that will be required for 
all railcar and rolling stock locations. Based on the initiatives GIPSA 
has undertaken, GIPSA is making no change to the final rule based on 
this comment.
    The joint commenters contend that GIPSA should review cooperative 
agreements it has with other federal agencies such as the Animal and 
Plant Health Inspection Service (APHIS), and GIPSA needs to give 
serious

[[Page 22153]]

consideration as to how to recover costs from APHIS and impose them on 
the export sector through higher official fees. While GIPSA concurs 
with the commenter that a review of these fees may be warranted, GIPSA 
believes that this suggestion is outside the scope of this rulemaking 
and is making no change to the final rule based on this comment.
    Finally, GIPSA received one comment from a stakeholder suggesting 
GIPSA establish contract and non-contract rates for unit fees. Because 
GIPSA believes that the cost to administer such fees would exceed the 
administrative benefit of imposing them, we are making no change to the 
final rule based on this comment.

Final Action

    This final rule revises 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 is 
increasing 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.
    This final rule increases 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 are being shifted from the national to the local level in order 
to fully reflect where those program costs originate. GIPSA will now 
charge 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.
    GIPSA is amending the fees for official inspection and weighing 
services performed in Canada. As a result, the separate unit fees for 
official inspection and weighing services performed in Canada are 
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 replacing 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 is creating separate fees for applicants 
that provide test kits for aflatoxin and all other mycotoxin testing. 
The existing Schedule B is deleted and the existing Schedule C is now 
Schedule B.
    Fees for foreign travel are being 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) are being increased approximately 5 percent for 
the remainder of fiscal year 2013 and approximately 2 percent in fiscal 
years 2014 to 2017 to cover projected costs.
    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 12866 and Regulatory Flexibility Act

    This final 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 final rule 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 final rule is being implemented 
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 final 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. Regardless, the regulations are applied equally to all entities, 
large or small. 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) defines a foreign commerce 
grain business as a person 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 may be 
considered small.
    GIPSA also provides domestic and miscellaneous inspection and 
weighing services at locations 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 these 
increases will not significantly affect small businesses requesting 
these official services. Furthermore, any applicant may use an 
alternative source for these services. This decision will not prevent 
the business from marketing its product or conducting business as 
usual.
    GIPSA has determined that the total cost to the grain industry to 
implement these 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 
tonnage fee.
    Most users of 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

[[Page 22154]]

nearly as practicable, the costs of providing such services. There will 
be no additional reporting, record keeping, or other compliance 
requirements imposed upon small entities as a result of this final 
rule. GIPSA has not identified any other Federal rules which may 
duplicate, overlap or conflict with this final rule. Accordingly, GIPSA 
has determined that this final 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 will 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, GIPSA revenue was $28.7 million and costs at $35.1 million, 
resulting in a $6.4 million program deficit. Program costs for fiscal 
years 2013 to 2017 are projected at $35.1 million. These costs include 
employee salaries and benefits including estimated annual cost of 
living adjustments if authorized by Congress, 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.
    This new fee increase will initially increase program revenue in 
fiscal year 2013, however this one time increase will 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 created a fee structure that will 
collect sufficient revenue over time to cover operating expenses, while 
striving to build an operating reserve by fiscal year 2017. GIPSA will 
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 this 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 these fees will 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 final rule revises local and national tonnage fees (assessed 
in addition to all other applicable fees) for all export shipments 
serviced by GIPSA field offices. For the remainder of fiscal year 2013, 
GIPSA is increasing 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.
    This final rule increases the national tonnage fee approximately 5 
percent for the remainder of 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 are being shifted from the national to the local 
level in order to fully reflect where those program costs originate. 
GIPSA will now charge 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.
    GIPSA is amending 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 are being 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 replacing 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 is creating separate fees for applicants that provide 
test kits for aflatoxin and all other mycotoxin testing. The existing 
Schedule B is being deleted and the existing Schedule C is becoming 
Schedule B.
    Fees for foreign travel are being 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) are being increased approximately 5 percent in 
fiscal year 2013 and approximately 2 percent in fiscal years 2014 to 
2017 to cover projected costs.
    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 final 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 will 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

[[Page 22155]]

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

Executive Order 13175

    This final rule has been reviewed with the requirements of 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments. This rule will not have substantial and direct effects on 
Tribal governments and will 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 final rule have 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 the 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 reasons set out in the preamble, 7 CFR part 800 is amended 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 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)................          $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
        (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).

[[Page 22156]]

 
\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 Laboratory1 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                      6.00
         factors).....................................
        (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                   40.50
         method)......................................
        (d) All other Mycotoxins (rapid test kit                   38.50
         method-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                   49.40
         method)......................................
        (d) All other Mycotoxins (rapid test kit                   47.40
         method-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                     53.60
     original) (minimum $160.80 per ship).............
    (iii) Barge (per examination).....................             43.10
    (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\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 $3.20 per sample by the Service.


[[Page 22157]]


                   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                     87.40
     Railroad 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-                       87.40
     verification.....................................
    (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                     3.20
 sample)..............................................
(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
    (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):

[[Page 22158]]

 
        (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 Laboratory1 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                      6.20
         factors).....................................
        (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                   41.40
         method)......................................
        (d) All other Mycotoxins (rapid test kit                   39.40
         method-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):
        (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                   50.40
         method)......................................
        (d) All other Mycotoxins (rapid test kit                   48.40
         method-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)............................................

[[Page 22159]]

 
    (ii) Subsequent ship examinations (same as                     54.70
     original) (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\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 $3.30 per sample by the Service.


                   Table 3--Miscellaneous Services \1\
------------------------------------------------------------------------
 
------------------------------------------------------------------------
(1) Grain grading seminars (per hour per service                  $68.60
 representative) \2\..................................
(2) Certification of diverter-type mechanical samplers             68.60
 (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 railroad               89.20
     track scales.....................................
    (iii) Evaluation of weighing and material handling             89.20
     systems..........................................
    (iv) NTEP Prototype evaluation (other than                     89.20
     Railroad Track Scales)...........................
    (v) NTEP Prototype evaluation of Railroad Track                89.20
     Scale............................................
    (vi) Use of GIPSA railroad track scale test                   535.50
     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 (per                     3.30
 sample)..............................................
(7) Divided-lot certificates (per certificate)........              2.00
(8) Extra copies of certificates (per certificate)....              2.00
(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.

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       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)................          $39.40          $41.20          $47.20          $70.00
    Noncontract ($ per hour)....................           70.00           70.00           70.00           70.00
----------------------------------------------------------------------------------------------------------------

[[Page 22160]]

 
(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                      6.40
         factors).....................................
        (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)..............................
    (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                   42.30
         method)......................................
        (d) All other Mycotoxins (rapid test kit                   40.30
         method-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

[[Page 22161]]

 
        (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                   49.50
         method-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                     55.80
     original) (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                     91.00
     Railroad 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-                       91.00
     verification.....................................
    (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                     3.40
 sample)..............................................
(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\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 $91.00 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 $2.10 for each copy.
    (b) Designation amendments. If you submit an application to amend a 
designation, you must pay $75.00.

[[Page 22162]]

    (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       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)................          $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 Laboratory1 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).........................
    (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                      6.60
         factors).....................................
        (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)..............................

[[Page 22163]]

 
    (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                   43.20
         method)......................................
        (d) All other Mycotoxins (rapid test kit                   41.20
         method-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                   52.60
         method)......................................
        (d) All other Mycotoxins (rapid test kit                   50.60
         method-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                     57.00
     original) (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                     92.90
     Railroad 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-                       92.90
     verification.....................................
    (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                     3.50
 sample)..............................................
(7) Divided-lot certificates (per certificate)........              2.20
(8) Extra copies of certificates (per certificate)....              2.20
(9) Faxing (per page).................................              2.20
(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.


[[Page 22164]]

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       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)................          $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 provides kit) \5\...........................            9.70
    (iii) All other Mycotoxins (rapid test kit method)..........................................           21.30
    (iv) All other Mycotoxins (rapid test kit method-applicant provides kit) \5\................           19.30
    (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)
    (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                      0.09
         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).....             13.80
        (b) Railcar (per carrier).....................             28.70
        (c) Barge (per carrier).......................            145.90
        (d) Sacked grain (per hour per service                      0.09
         representative plus an administrative fee per
         hundredweight) (CWT).........................

[[Page 22165]]

 
    (iv) Other services:
        (a) Submitted sample (per sample--grade and                13.80
         factor)......................................
        (b) Warehouseman inspection (per sample)......             24.10
        (c) Factor only (per factor--maximum 2                      6.80
         factors).....................................
        (d) Checkloading/condition examination (use                 0.09
         hourly rates from Table 1, plus an
         administrative fee per hundredweight if not
         previously assessed) (CWT)...................
        (e) Re-inspection (grade and factor only.                  14.90
         Sampling 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                   44.10
         method)......................................
        (d) All other Mycotoxins (rapid test kit                   42.10
         method-applicant provides kit) \3\...........
        (e) NIR or NMR Analysis (protein, oil, starch,             11.70
         etc.)........................................
        (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                     131.00
             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)..             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                   53.70
         method)......................................
        (d) All other Mycotoxins (rapid test kit                   51.70
         method-applicant provides kit) \3\...........
        (e) NIR or NMR Analysis (protein, oil, starch,             20.20
         etc.)........................................
        (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                     131.00
             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                 94.20
     representative)..................................
(3) Stowage examination (service-on-request): \4\
    (i) Ship (per stowage space) (minimum $291.00 per              58.20
     ship)............................................
    (ii) Subsequent ship examinations (same as                     58.20
     original) (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             72.90
 (per 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               94.80
     track scales.....................................
    (iii) Evaluation of weighing and material handling             94.80
     systems..........................................
    (iv) NTEP Prototype evaluation (other than                     94.80
     Railroad Track Scales)...........................
    (v) NTEP Prototype evaluation of Railroad Track                94.80
     Scale............................................
    (vi) Use of GIPSA railroad track scale test                   568.50
     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-                       94.80
     verification.....................................
    (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                     3.60
 sample)..............................................
(7) Divided-lot certificates (per certificate)........              2.30
(8) Extra copies of certificates (per certificate)....              2.30
(9) Faxing (per page).................................              2.30

[[Page 22166]]

 
(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 \1/2\ 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 United States

    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 Administration.
[FR Doc. 2013-08809 Filed 4-12-13; 8:45 am]
BILLING CODE 3410-KD-P