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Code · REGISTER · 2013-04-15 · PROPOSED RULES · African African Development Foundation NOTICES Meetings: Board of Directors Executive Session, 22225 2013-08780 Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Coll · Unknown

Unknown. Final rule

14,240 words·~65 min read·/register/2013/04/15/2013-08809·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2013-04-15.xml --- 78 72 Monday, April 15, 2013 Contents African African Development Foundation NOTICES Meetings: Board of Directors Executive Session, 22225 2013-08780 Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22263-22267 2013-08409 2013-08410 Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Marketing Orders:
Spearmint Oil Handling; Far West; Salable Quantities and Allotment, 22202-22209 2013-08681 Agriculture Agriculture Department See Agricultural Marketing Service See Grain Inspection, Packers and Stockyards Administration See National Institute of Food and Agriculture NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22225 2013-08710 Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Requisition for Forms or Publications and Requisition for Firearms/Explosives Forms, 22296 2013-08687 Antitrust Division Antitrust Division NOTICES National Cooperative Research and Production Act: Advanced Media Workflow Association, Inc., 22297 2013-08684 Heterogeneous System Architecture Foundation, 22296-22297 2013-08717 IMS Global Learning Consortium, Inc., 22297 2013-08682 Vehicle Infrastructure Integration Consortium, 22297-22298 2013-08715 United States v.
Apple, Inc., et al., 22298-22302 2013-08714 United States v. United Technologies Corp. and Goodrich Corp., 22302-22331 2013-08700 Antitrust See Antitrust Division Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22267-22268 2013-08730 Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panels;
Correction, 22268-22269 2013-08716 Coast Guard Coast Guard RULES Safety Zones: Atlantic Intracoastal Waterway; Wrightsville Beach, NC, 22195-22197 2013-08732 Special Local Regulations: West Palm Beach Triathlon Championship, Intracoastal Waterway; West Palm Beach, FL, 22193-22195 2013-08734 PROPOSED RULES Transportation Worker Identification Credential, Reader Requirements; Public Meeting, 22218-22219 2013-08735 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22275-22277 2013-08733 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 22226-22227 2013-08755 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22365-22366 2013-08706 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evaluation of State Expanded Learning Time, 22254 2013-08709 FFEL/Direct Loan/Perkins Military Service Deferment/Post-Active Duty Student Deferment Request and SCRA Request, 22252 2013-08708 IDEA Part B State Performance Plan and Annual Performance Report, 22251-22252 2013-08703 IDEA Part C State Performance Plan and Annual Performance Report, 22253 2013-08705 Study of the Delivery of Services under the State Vocational Rehabilitation Grants Program, 22253-22254 2013-08707 Energy Department Energy Department NOTICES Meetings:
Environmental Management Site-Specific Advisory Board; New Mexico, 22255 2013-08748 Environmental Management Site-Specific Advisory Board; Portsmouth, 22255-22256 2013-08750 Environmental Protection Environmental Protection Agency RULES Air Quality Implementation Plans; Approvals and Promulgations: Charlotte, Raleigh/Durham and Winston Salem Carbon Monoxide Limited Maintenance Plan, 22198 2013-08694 Tennessee; Volatile Organic Compound Definition; Revisions, 22197-22198 2013-08695 PROPOSED RULES National Emissions Standards for Hazardous Air Pollutants:
Gas-Fired Melting Furnaces Located at Wool Fiberglass Manufacturing Area Sources, etc.; Public Hearing, 22370-22406 2013-07257 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: The National Oil and Hazardous Substances Pollution Contingency Plan, 22256-22257 2013-08702 Protective Action Guides Manual; Updates: Protective Action Guides and Planning Guidance for Radiological Incidents, 22257-22260 2013-08666 Executive Office of the President See Presidential Documents Export Import Export-Import Bank NOTICES Meetings:
Sub-Saharan Africa Advisory Committee, 22260 2013-08776 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Airplanes, 22175-22178 2013-08570 BRP-Powertrain GmbH & Co KG Rotax Reciprocating Engines, 22166-22168 2013-08460 Diamond Aircraft Industries GmbH Airplanes, 22170-22172 2013-07500 International Aero Engines AG Turbofan Engines, 22168-22169 2013-08448 Rolls-Royce plc Turbofan Engines, 22180-22182 2013-08445 The Boeing Company Airplanes, 22172-22175, 22178-22180, 22182-22189 2013-08191 2013-08192 2013-08193 2013-08346 Establishment of Area Navigation Routes:
Oregon, 22189-22190 2013-08591 Modification of Area Navigation Routes: Alaska, 22190-22192 2013-08599 PROPOSED RULES Airworthiness Directives: Eurocopter Deutschland GmbH Helicopters, 22209-22212 2013-08760 Eurocopter France Helicopters, 22213-22215 2013-08758 The Boeing Company Airplanes, 22215-22218 2013-08768 Federal Bureau Federal Bureau of Investigation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22332 2013-08688 Federal Communications Federal Communications Commission RULES Connect America Fund;
A National Broadband Plan for Our Future, etc., 22198-22201 2013-08679 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22260-22261 2013-08675 Federal Emergency Federal Emergency Management Agency PROPOSED RULES Flood Elevation Determinations, 22221-22224 2013-08043 2013-08045 Federal Railroad Federal Railroad Administration NOTICES Environmental Impact Statements; Availability, etc.: All Aboard Florida Miami - Orlando Passenger Rail Project, 22363-22364 2013-08745 Petitions for Waivers of Compliance, 22364-22365 2013-08489 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 22261-22262 2013-08731 Changes in Bank Control Notices: Acquisitions of Shares of a Bank or Bank Holding Company, 22263 2013-08754 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 22263 2013-08753 Fish Fish and Wildlife Service NOTICES Habitat Conservation Plan; Proposed Amendment and Associated Documents: Green Diamond Resource Company; Mason, Grays Harbor, Lewis, Pacific, and Thurston Counties, WA, 22278-22280 2013-08766 Food and Drug Food and Drug Administration NOTICES International Conference on Harmonisation;
Draft Guidances; Availability: M7 Assessment and Control of DNA Reactive (Mutagenic) Impurities in Pharmaceuticals to Limit Potential Carcinogenic Risk, 22269-22270 2013-08723 Meetings: Endocrinologic and Metabolic Drugs Advisory Committee and Drug Safety and Risk Management Advisory Committee, 22270 2013-08744 Government Accountability Government Accountability Office NOTICES Meetings: Green Book Advisory Council, 22263 2013-08621 Grain Inspection Grain Inspection, Packers and Stockyards Administration RULES Fees for Official Inspection and Official Weighing Services under the United States Grain Standards Act, 22151-22166 2013-08809 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Food and Drug Administration See Inspector General Office, Health and Human Services Department See National Institutes of Health Healthcare Research and Quality Agency See Agency for Healthcare Research and Quality Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Office of Biometric Identity Management; Ports of Entry, 22274-22275 2013-08718 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Office of Sustainable Housing Communities Progress Report Template, 22277-22278 2013-08808 Inspector General Health Inspector General Office, Health and Human Services Department NOTICES Physician-Owned Enties: Special Fraud Alert;
Correction, 22270-22271 2013-08749 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Certain Lined Paper Products from India, 22232-22235 2013-08790 Certain Magnesia Carbon Bricks from the People's Republic of China, 22230-22231 2013-08807 Freshwater Crawfish Tail Meat from the People's Republic of China, 22228-22230 2013-08791 Stainless Steel Bar from Brazil, 22227-22228 2013-08792 Countervailing Duty Administrative Reviews;
Results, Extensions, Amendments, etc.: Certain Magnesia Carbon Bricks from the People's Republic of China, 22235-22237 2013-08793 Trade Mission to Philippines and Malaysia, 22237-22239 2013-08722 International Trade Com International Trade Commission NOTICES Investigations: Certain Microelectromechanical Systems (“MEMS Devices”) and Products Containing Same, 22293-22294 2013-08747 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Antitrust Division See Federal Bureau of Investigation NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: USMS Medical Forms, 22294-22295 2013-08689 Proposed Consent Decrees under CERCLA, 22295-22296 2013-08719 Land Land Management Bureau NOTICES Public Land Orders: Gore Canyon Reservoir, Colorado River Storage Project; Partial Revocation of a Secretarial Order, 22280-22281 2013-08775 Oregon, 22281 2013-08759 Wyoming, 22281 2013-08778 Public Lands: Henneberry House; Beaverhead County, Montana; Fee Collection, 22281-22282 2013-08757 Millenium Millennium Challenge Corporation NOTICES Quarterly Report, October 1, 2012-December 31, 2012, 22332-22345 2013-08559 National Archives National Archives and Records Administration NOTICES Meetings:
Advisory Committee on the Electronic Records Archives, 22345 2013-08773 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Arts and Artifacts Indemnity Panel Advisory Committee, 22345-22346 2013-08783 Humanities Panel, 22345 2013-08785 National Institute Food National Institute of Food and Agriculture NOTICES Input from Stakeholders: Integrated Forest Products Research Program, 22225-22226 2013-08781 National Institute National Institutes of Health NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 22271-22272 2013-08788 Meetings: National Heart, Lung, and Blood Institute, 22272 2013-08801 National Institute of Allergy and Infectious Diseases, 22274 2013-08799 National Institute of Diabetes and Digestive and Kidney Diseases, 22272-22274 2013-08796 2013-08798 National Institute of Mental Health, 22272 2013-08802 National Institute of Neurological Disorders and Stroke, 22273-22274 2013-08797 2013-08800 National Oceanic National Oceanic and Atmospheric Administration NOTICES Permits:
Endangered Species, 22239 2013-08786 Takes of Marine Mammals: Marine Geophysical Survey; Mid-Atlantic Ridge in the Atlantic Ocean, 22239-22251 2013-08795 National Park National Park Service NOTICES Intent to Repatriate Cultural Items: Bureau of Indian Affairs, Washington, DC, and the Robert S. Peabody Museum of Archaeology, Phillips Academy, Andover, MA, 22284-22285 2013-08772 Everglades National Park, Homestead, FL, 22283-22284 2013-08767 Little Bighorn Battlefield National Monument, Crow Agency, MT, 22282-22283 2013-08769 Inventory Completions:
Carnegie Museum of Natural History, Pittsburgh, PA, 22285-22286 2013-08770 Florida Department of State, Division of Historical Resources, Tallahassee, FL, 22288-22290 2013-08777 2013-08779 University of Washington, Department of Anthropology, Seattle, WA, 22286-22288 2013-08782 Meetings: Fort Hancock 21st Century Advisory Committee Schedule, 22290-22291 2013-08678 National Register of Historic Places: Nominations and Related Actions, 22291-22292 2013-08720 Native American Graves Protection and Repatriation Review Committee;
Nomination Solicitation, 22292-22293 2013-08784 National Science National Science Foundation NOTICES Meetings: Astronomy and Astrophysics Advisory Committee, 22346 2013-08701 Membership for Directorate and Office Advisory Committees, 22346-22347 2013-08698 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Additional Synthetic Drug Testing, 22209 2013-08752 NOTICES Exemptions from Certain Security Requirements: GPU Nuclear Inc., Three Mile Island Nuclear Power Station, Unit 2, 22347-22349 2013-08704 Guidance on the Treatment of Uncertainties Associated with PRA in Risk-Informed Decisionmaking, 22349-22350 2013-08693 Pension Benefit Pension Benefit Guaranty Corporation RULES Interest Assumptions for Paying Benefits:
Terminated Single-Employer Plans, 22192-22193 2013-08743 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Balanced Budget and Emergency Deficit Control Act; Sequestration Order for FY 2014 (Order of April 10, 2013), 22407-22409 2013-08971 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: C2 Options Exchange, Inc., 22360-22361 2013-08725 ICE Clear Credit LLC, 22350-22353 2013-08727 Miami International Securities Exchange LLC, 22357-22360 2013-08726 NASDAQ OMX PHLX LLC, 22353-22357 2013-08724 Small Business Small Business Administration NOTICES Disaster Declarations:
Alabama, 22361 2013-08761 Social Social Security Administration NOTICES Social Security Rulings: Processes for Addressing Allegations of Unfairness, etc., by Administrative Law Judges; Correction, 22361 2013-08804 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: PEPFAR Program Expenditures, 22361-22362 2013-08787 Culturally Significant Objects Imported for Exhibition Determinations: 40 Part Motet, 22362-22363 2013-08789 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration Treasury Treasury Department See Comptroller of the Currency Veteran Affairs Veterans Affairs Department PROPOSED RULES Removal of Penalty for Breaking Appointments, 22219-22221 2013-08794 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Purchase of Shellfish, 22366-22367 2013-08736 Service Data Manual, 22367-22368 2013-08738 Special Notice, 22367 2013-08737 Technical Industry Standards, 22366 2013-08739 Separate Parts In This Issue Part II Environmental Protection Agency, 22370-22406 2013-07257 Part III Presidential Documents, 22407-22409 2013-08971 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 78 72 Monday, April 15, 2013 Rules and Regulations 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 *Patrick.J.McCluskey@usda.gov.* 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 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. Fiscal year Actual tonnage Rolling 5 year average Years 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 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 § 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 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 § 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 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 1. The authority citation for part 800 continues to read as follows: Authority: 7 U.S.C. 71-87k. 2. Section 800.71 is revised to read as follows: § 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 Friday (6 a.m. to 6 p.m.) Monday to Friday (6 p.m. to 6 a.m.) Saturday, Sunday, and overtime 3 Holidays
(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 § 800.72(a). 3 Overtime rates will be assessed for all hours in excess of 8 consecutive hours that result from an applicant scheduling or requesting service beyond 8 hours, or if requests for additional shifts exceed existing staffing. 4 Appeal and re-inspection services will be assessed the same fee as the original inspection service. 5 Applicant must provide the test kit, instrument hardware, calibration control, and all supplies required by the test kit manufacturer. 6 Administrative fee is assessed on export grain inspected and/or weighed, excluding land carrier shipments to Canada and Mexico. Table 2—Services Performed at Other Than an Applicant's Facility in an FGIS Laboratory 1 2
(1)Original Inspection and Weighing (Class X) Services:
(i)Sampling only (use hourly rates from Table 1)
(ii)Stationary lots (sampling, grade/factor, & checkloading):
(a)Truck/trailer/container (per carrier) $21.00
(b)Railcar (per carrier) 31.20
(c)Barge (per carrier) 196.90
(d)Sacked grain (per hour per service representative plus an administrative fee per hundredweight)
(CWT)0.05
(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 representative plus an administrative fee per hundredweight)
(CWT)0.05
(iv)Other services:
(a)Submitted sample (per sample—grade and factor) 12.60
(b)Warehouseman inspection (per sample) 22.10
(c)Factor only (per factor—maximum 2 factors) 6.00
(d)Checkloading/condition examination (use hourly rates from Table 1, plus an administrative fee per hundredweight if not previously assessed)
(CWT)0.05
(e)Re-inspection (grade and factor only. Sampling service additional, item
(i)above) 13.70
(f)Class X Weighing (per hour per service representative) 67.20
(v)Additional tests (excludes sampling):
(a)Aflatoxin (rapid test kit method) 31.50
(b)Aflatoxin (rapid test kit method-applicant provides kit) 3 29.50
(c)All other Mycotoxins (rapid test kit method) 40.50
(d)All other Mycotoxins (rapid test kit method-applicant provides kit) 3 38.50
(e)NIR or NMR Analysis (protein, oil, starch, etc.) 10.50
(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 availability) 120.80
(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 provides kit) 3 29.50
(c)All other Mycotoxins (rapid test kit method) 49.40
(d)All other Mycotoxins (rapid test kit method-applicant provides kit) 3 47.40
(e)NIR or NMR Analysis (protein, oil, starch, etc.) 18.60
(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 availability) 120.80
(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 representative) 86.80
(3)Stowage examination (service-on-request): 4
(i)Ship (per stowage space) (minimum $268.00 per ship) 53.60
(ii)Subsequent ship examinations (same as original) (minimum $160.80 per ship) 53.60
(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 § 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 § 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. Table 3—Miscellaneous Services 1
(1)Grain grading seminars (per hour per service representative) 2 $67.20
(2)Certification of diverter-type mechanical samplers (per hour per service representative) 2 67.20
(3)Special weighing services (per hour per service representative): 2
(i)Scale testing and certification 87.40
(ii)Scale testing and certification of railroad track scales 87.40
(iii)Evaluation of weighing and material handling systems 87.40
(iv)NTEP Prototype evaluation (other than Railroad Track Scales) 87.40
(v)NTEP Prototype evaluation of Railroad Track Scale 87.40
(vi)Use of GIPSA railroad track scale test equipment per facility for each requested service. (Track scales tested under the Association of American Railroads agreement are exempt.) 525.00
(vii)Mass standards calibration and re-verification 87.40
(viii)Special projects 87.40
(4)Foreign travel (hourly fee) 3 87.40
(5)Online customized data service:
(i)One data file per week for 1 year 525.00
(ii)One data file per month for 1 year 315.00
(6)Samples provided to interested parties (per sample) 3.20
(7)Divided-lot certificates (per certificate) 1.90
(8)Extra copies of certificates (per certificate) 1.90
(9)Faxing (per page) 1.90
(10)Special mailing Actual cost
(11)Preparing certificates onsite or during other than normal business hours (use hourly rates from Table 1). 1 Any requested service that is not listed will be performed at $67.20 per hour. 2 Regular business hours—Monday through Friday—service provided at other than regular business hours will be charged at 1 1/2 times the applicable hourly rate. (See § 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 $250.00. Schedule A—Fees for Official Inspection and Weighing Services Performed in the United States and Canada 1 Effective October 1, 2013 through September 30, 2014 (Fiscal Year 2014) Table 1—Fees for Official Services Performed at an Applicant's Facility in an Onsite FGIS Laboratory 2 Monday to Friday (6 a.m. to 6 p.m.) Monday to Friday (6 p.m. to 6 a.m.) Saturday, Sunday, and overtime 3 Holidays
(1)Inspection and Weighing Services Hourly Rates (per service representative): 1-year contract ($ 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):
(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 § 800.72(a). 3 Overtime rates will be assessed for all hours in excess of 8 consecutive hours that result from an applicant scheduling or requesting service beyond 8 hours, or if requests for additional shifts exceed existing staffing. 4 Appeal and re-inspection services will be assessed the same fee as the original inspection service. 5 Applicant must provide the test kit, instrument hardware, calibration control, and all supplies required by the test kit manufacturer. 6 Administrative fee is assessed on export grain inspected and/or weighed, excluding land carrier shipments to Canada and Mexico Table 2—Services Performed at Other Than an Applicant's Facility in an FGIS Laboratory 1 2
(1)Original Inspection and Weighing (Class X) Services:
(i)Sampling only (use hourly rates from Table 1)
(ii)Stationary lots (sampling, grade/factor, & checkloading):
(a)Truck/trailer/container (per carrier) $21.50
(b)Railcar (per carrier) 31.90
(c)Barge (per carrier) 200.90
(d)Sacked grain (per hour per service representative plus an administrative fee per hundredweight)
(CWT)0.06
(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 representative plus an administrative fee per hundredweight)
(CWT)0.06
(iv)Other services:
(a)Submitted sample (per sample—grade and factor) 12.90
(b)Warehouseman inspection (per sample) 22.60
(c)Factor only (per factor—maximum 2 factors) 6.20
(d)Checkloading/condition examination (use hourly rates from Table 1, plus an administrative fee per hundredweight if not previously assessed)
(CWT)0.06
(e)Re-inspection (grade and factor only. Sampling service additional, item
(i)above) 14.00
(f)Class X Weighing (per hour per service representative) 68.60
(v)Additional tests (excludes sampling):
(a)Aflatoxin (rapid test kit method) 32.20
(b)Aflatoxin (rapid test kit method-applicant provides kit) 3 30.20
(c)All other Mycotoxins (rapid test kit method) 41.40
(d)All other Mycotoxins (rapid test kit method-applicant provides kit) 3 39.40
(e)NIR or NMR Analysis (protein, oil, starch, etc.) 10.80
(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 availability) 123.30
(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 provides kit) 3 30.20
(c)All other Mycotoxins (rapid test kit method) 50.40
(d)All other Mycotoxins (rapid test kit method-applicant provides kit) 3 48.40
(e)NIR or NMR Analysis (protein, oil, starch, etc.) 19.00
(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 availability) 123.30
(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 representative) 88.60
(3)Stowage examination (service-on-request): 4
(i)Ship (per stowage space) (minimum $273.50 per ship) 54.70
(ii)Subsequent ship examinations (same as original) (minimum $164.10 per ship) 54.70
(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 § 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 § 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 representative) 2 $68.60
(2)Certification of diverter-type mechanical samplers (per hour per service representative) 2 68.60
(3)Special weighing services (per hour per service representative): 2
(i)Scale testing and certification 89.20
(ii)Scale testing and certification of railroad track scales 89.20
(iii)Evaluation of weighing and material handling systems 89.20
(iv)NTEP Prototype evaluation (other than Railroad Track Scales) 89.20
(v)NTEP Prototype evaluation of Railroad Track Scale 89.20
(vi)Use of GIPSA railroad track scale test equipment per facility for each requested service. (Track scales tested under the Association of American Railroads agreement are exempt.) 535.50
(vii)Mass standards calibration and re-verification 89.20
(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 sample) 3.30
(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 § 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 $250.00. Schedule A—Fees for Official Inspection and Weighing Services Performed in the United States and Canada 1 Effective October 1, 2014 Through September 30, 2015 (Fiscal Year 2015) Table 1—Fees for Official Services Performed at an Applicant's Facility in an Onsite FGIS Laboratory 2 Monday to Friday (6 a.m. to 6 p.m.) Monday to Friday (6 p.m. to 6 a.m.) Saturday, Sunday, and overtime 3 Holidays
(1)Inspection and Weighing Services Hourly Rates (per service representative): 1-year contract ($ per hour) $39.40 $41.20 $47.20 $70.00 Noncontract ($ per hour) 70.00 70.00 70.00 70.00
(2)Additional Tests (cost per test, assessed in addition to the hourly rate): 4
(i)Aflatoxin (rapid test kit method) 11.10
(ii)Aflatoxin (rapid test kit method-applicant provides kit) 5 9.10
(iii)All other Mycotoxins (rapid test kit method) 20.30
(iv)All other Mycotoxins (rapid test kit method-applicant provides kit) 5 18.30
(v)NIR or NMR Analysis (protein, oil, starch, etc.) 2.60
(vi)Waxy corn (per test) 2.60
(vii)Fees for other tests not listed above will be based on the lowest noncontract hourly rate:
(viii)Other services:
(a)Class Y Weighing (per carrier):
(1)Truck/container 0.60
(2)Railcar 1.60
(3)Barge 2.90
(3)Administrative Fee (assessed in addition to all other applicable fees, only one administrative fee will be assessed when inspection and weighing services are performed on the same carrier):
(i)All outbound carriers serviced by the specific field office (per-metric ton):
(a)League City 0.188
(b)New Orleans 0.092
(c)Portland 0.187
(d)Toledo 0.300
(e)Delegated States 6 0.059
(f)Designated Agencies 6 0.059 1 Canada fees include the noncontract hourly rate, the Toledo field office administrative fee, and the actual cost of travel. 2 Fees apply to original inspection and weighing, re-inspection, and appeal inspection service and include, but are not limited to, sampling, grading, weighing, prior to loading stowage examinations, and certifying results performed within 25 miles of an employee's assigned duty station. Travel and related expenses will be charged for service outside 25 miles as found in § 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 representative plus an administrative fee per hundredweight)
(CWT)0.07
(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 representative plus an administrative fee per hundredweight)
(CWT)0.07
(iv)Other services
(a)Submitted sample (per sample—grade and factor) 13.20
(b)Warehouseman inspection (per sample) 23.10
(c)Factor only (per factor—maximum 2 factors) 6.40
(d)Checkloading/condition examination (use hourly rates from Table 1, plus an administrative fee per hundredweight if not previously assessed)
(CWT)0.07
(e)Re-inspection (grade and factor only. Sampling service additional, item
(i)above) 14.30
(f)Class X Weighing (per hour per service representative) 70.00
(v)Additional tests (excludes sampling):
(a)Aflatoxin (rapid test kit method) 32.90
(b)Aflatoxin (rapid test kit method-applicant provides kit) 3 30.90
(c)All other Mycotoxins (rapid test kit method) 42.30
(d)All other Mycotoxins (rapid test kit method-applicant provides kit) 3 40.30
(e)NIR or NMR Analysis (protein, oil, starch, etc.) 11.10
(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 availability) 125.80
(i)Fees for other tests not listed above will be based on the lowest noncontract hourly rate from Table 1
(2)Appeal inspection and review of weighing service. 5
(i)Board Appeals and Appeals (grade and factor) 89.70
(a)Factor only (per factor—max 2 factors) 47.20
(b)Sampling service for Appeals additional (hourly rates from Table 1)
(ii)Additional tests (assessed in addition to all other applicable tests):
(a)Aflatoxin (rapid test kit method) 32.90
(b)Aflatoxin (rapid test kit method-applicant provides kit) 3 30.90
(c)All other Mycotoxins (rapid test kit method) 51.50
(d)All other Mycotoxins (rapid test kit method-applicant provides kit) 3 49.50
(e)NIR or NMR Analysis (protein, oil, starch, etc.) 19.40
(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 availability) 125.80
(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 representative) 90.40
(3)Stowage examination (service-on-request): 4
(i)Ship (per stowage space) (minimum $279.00 per ship) 55.80
(ii)Subsequent ship examinations (same as original) (minimum $167.40 per ship) 55.80
(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 § 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 § 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 representative) 2 $70.00
(2)Certification of diverter-type mechanical samplers (per hour per service representative) 2 70.00
(3)Special weighing services (per hour per service representative): 2
(i)Scale testing and certification 91.00
(ii)Scale testing and certification of railroad track scales 91.00
(iii)Evaluation of weighing and material handling systems 91.00
(iv)NTEP Prototype evaluation (other than Railroad Track Scales) 91.00
(v)NTEP Prototype evaluation of Railroad Track Scale 91.00
(vi)Use of GIPSA railroad track scale test equipment per facility for each requested service. (Track scales tested under the Association of American Railroads agreement are exempt.) 546.30
(vii)Mass standards calibration and re-verification 91.00
(viii)Special projects 91.00
(4)Foreign travel (hourly fee) 3 91.00
(5)Online customized data service:
(i)One data file per week for 1 year 546.30
(ii)One data file per month for 1 year 327.80
(6)Samples provided to interested parties (per sample) 3.40
(7)Divided-lot certificates (per certificate) 2.10
(8)Extra copies of certificates (per certificate) 2.10
(9)Faxing (per page) 2.10
(10)Special mailing Actual Cost
(11)Preparing certificates onsite or during other than normal business hours (use hourly rates from Table 1) 1 Any requested service that is not listed will be performed at $70.00 per hour. 2 Regular business hours—Monday through Friday—service provided at other than regular business hours will be charged at 1 1/2 times the applicable hourly rate. (See § 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.
(c)If you submit an application to operate as a scale testing organization, you must pay $250.00. Schedule A—Fees for Official Inspection and Weighing Services Performed in the United States and Canada 1 Effective October 1, 2015 Through September 30, 2016 (Fiscal Year 2016) Table 1—Fees for Official Services Performed at an Applicant's Facility in an Onsite FGIS Laboratory 2 Monday to Friday (6 a.m. to 6 p.m.) Monday to Friday (6 p.m. to 6 a.m.) Saturday, Sunday, and overtime 3 Holidays
(1)Inspection and Weighing Services Hourly Rates (per service representative): 1-year contract ($ 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 § 800.72(a). 3 Overtime rates will be assessed for all hours in excess of 8 consecutive hours that result from an applicant scheduling or requesting service beyond 8 hours, or if requests for additional shifts exceed existing staffing. 4 Appeal and re-inspection services will be assessed the same fee as the original inspection service. 5 Applicant must provide the test kit, instrument hardware, calibration control, and all supplies required by the test kit manufacturer. 6 Administrative fee is assessed on export grain inspected and/or weighed, excluding land carrier shipments to Canada and Mexico. Table 2—Services Performed at Other Than an Applicant's Facility in an FGIS Laboratory 1 2
(1)Original Inspection and Weighing (Class X) Services:
(i)Sampling only (use hourly rates from Table 1)
(ii)Stationary lots (sampling, grade/factor, & checkloading):
(a)Truck/trailer/container (per carrier) $22.50
(b)Railcar (per carrier) 33.30
(c)Barge (per carrier) 209.10
(d)Sacked grain (per hour per service representative plus an administrative fee per hundredweight)
(CWT)0.08
(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 representative plus an administrative fee per hundredweight)
(CWT)0.08
(iv)Other services:
(a)Submitted sample (per sample—grade and factor) 13.50
(b)Warehouseman inspection (per sample) 23.60
(c)Factor only (per factor—maximum 2 factors) 6.60
(d)Checkloading/condition examination (use hourly rates from Table 1, plus an administrative fee per hundredweight if not previously assessed)
(CWT)0.08
(e)Re-inspection (grade and factor only. Sampling service additional, item
(i)above) 14.60
(f)Class X Weighing (per hour per service representative) 71.40
(v)Additional tests (excludes sampling):
(a)Aflatoxin (rapid test kit method) 33.60
(b)Aflatoxin (rapid test kit method-applicant provides kit) 3 31.60
(c)All other Mycotoxins (rapid test kit method) 43.20
(d)All other Mycotoxins (rapid test kit method-applicant provides kit) 3 41.20
(e)NIR or NMR Analysis (protein, oil, starch, etc.) 11.40
(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 availability) 128.40
(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 provides kit) 3 31.60
(c)All other Mycotoxins (rapid test kit method) 52.60
(d)All other Mycotoxins (rapid test kit method-applicant provides kit) 3 50.60
(e)NIR or NMR Analysis (protein, oil, starch, etc.) 19.80
(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 availability) 128.40
(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 representative) 92.30
(3)Stowage examination (service-on-request): 4
(i)Ship (per stowage space) (minimum $285.00 per ship) 57.00
(ii)Subsequent ship examinations (same as original) (minimum $171.00 per ship) 57.00
(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 § 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 § 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 representative) 2 $71.40
(2)Certification of diverter-type mechanical samplers (per hour per service representative) 2 71.40
(3)Special weighing services (per hour per service representative): 2
(i)Scale testing and certification 92.90
(ii)Scale testing and certification of railroad track scales 92.90
(iii)Evaluation of weighing and material handling systems 92.90
(iv)NTEP Prototype evaluation (other than Railroad Track Scales) 92.90
(v)NTEP Prototype evaluation of Railroad Track Scale 92.90
(vi)Use of GIPSA railroad track scale test equipment per facility for each requested service. (Track scales tested under the Association of American Railroads agreement are exempt.) 557.30
(vii)Mass standards calibration and re-verification 92.90
(viii)Special projects 92.90
(4)Foreign travel (hourly fee) 3 92.90
(5)Online customized data service:
(i)One data file per week for 1 year 557.30
(ii)One data file per month for 1 year 334.40
(6)Samples provided to interested parties (per sample) 3.50
(7)Divided-lot certificates (per certificate) 2.20
(8)Extra copies of certificates (per certificate) 2.20
(9)Faxing (per page) 2.20
(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 § 800.0(b)(14) for definition of “business day.”) 3 Foreign travel charged hourly fee of $92.90 plus travel, per diem, and related expenditures. Schedule B—Fees for FGIS Supervision of Official Inspection and Weighing Services Performed by Delegated States and/or Designated Agencies in the U.S. The supervision fee charged by the Service is $0.011 per metric ton of domestic U.S. grain shipments inspected and/or weighed, including land carrier shipments to Canada and Mexico.
(a)*Registration certificates and renewals.*
(1)The nature of your business will determine the fees that your business must pay for registration certificates and renewals:
(i)If you operate a business that buys, handles, weighs, or transports grain for sale in foreign commerce, you must pay $135.00.
(ii)If you operate a business that buys, handles, weighs, or transports grain for sale in foreign commerce and you are also in a control relationship (see definition in section 17A(b)(2) of the Act) with respect to a business that buys, handles, weighs, or transports grain for sale in interstate commerce, you must pay $270.00.
(2)If you request extra copies of registration certificates, you must pay $2.20 for each copy.
(b)*Designation amendments.* If you submit an application to amend a designation, you must pay $75.00.
(c)If you submit an application to operate as a scale testing organization, you must pay $250.00. Schedule A—Fees for Official Inspection and Weighing Services Performed in the United States and Canada 1 Effective October 1, 2016 Through September 30, 2017 (Fiscal Year 2017) Table 1—Fees for Official Services Performed at an Applicant's Facility in an Onsite FGIS Laboratory 2 Monday to Friday (6 a.m. to 6 p.m.) Monday to Friday (6 p.m. to 6 a.m.) Saturday, Sunday, and overtime 3 Holidays
(1)Inspection and Weighing Services Hourly Rates (per service representative): 1-year contract ($ 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 § 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 representative plus an administrative fee per hundredweight)
(CWT)0.09
(iii)Lots sampled online during loading (sampling charge under
(i)above, plus):
(a)Truck/trailer container (per carrier) 13.80
(b)Railcar (per carrier) 28.70
(c)Barge (per carrier) 145.90
(d)Sacked grain (per hour per service representative plus an administrative fee per hundredweight)
(CWT)0.09
(iv)Other services:
(a)Submitted sample (per sample—grade and factor) 13.80
(b)Warehouseman inspection (per sample) 24.10
(c)Factor only (per factor—maximum 2 factors) 6.80
(d)Checkloading/condition examination (use hourly rates from Table 1, plus an administrative fee per hundredweight if not previously assessed)
(CWT)0.09
(e)Re-inspection (grade and factor only. Sampling service additional, item
(i)above) 14.90
(f)Class X Weighing (per hour per service representative) 72.90
(v)Additional tests (excludes sampling):
(a)Aflatoxin (rapid test kit method) 34.30
(b)Aflatoxin (rapid test kit method-applicant provides kit) 3 32.30
(c)All other Mycotoxins (rapid test kit method) 44.10
(d)All other Mycotoxins (rapid test kit method-applicant provides kit) 3 42.10
(e)NIR or NMR Analysis (protein, oil, starch, etc.) 11.70
(f)Waxy corn (per test) 11.70
(g)Canola (per test-00 dip test) 11.70
(h)Pesticide Residue Testing: 4
(1)Routine Compounds (per sample) 245.80
(2)Special Compounds (Subject to availability) 131.00
(i)Fees for other tests not listed above will be based on the lowest noncontract hourly rate from Table 1.
(2)Appeal inspection and review of weighing service. 5
(i)Board Appeals and Appeals (grade and factor) 93.40
(a)Factor only (per factor—max 2 factors) 49.20
(b)Sampling service for Appeals additional (hourly rates from Table 1)
(ii)Additional tests (assessed in addition to all other applicable tests):
(a)Aflatoxin (rapid test kit method) 34.30
(b)Aflatoxin (rapid test kit method-applicant provides kit) 3 32.30
(c)All other Mycotoxins (rapid test kit method) 53.70
(d)All other Mycotoxins (rapid test kit method-applicant provides kit) 3 51.70
(e)NIR or NMR Analysis (protein, oil, starch, etc.) 20.20
(f)Sunflower oil (per test) 20.20
(g)Mycotoxin (per test-HPLC) 160.50
(h)Pesticide Residue Testing: 4
(1)Routine Compounds (per sample) 245.80
(2)Special Compounds (Subject to availability) 131.00
(i)Fees for other tests not listed above will be based on the lowest noncontract hourly rate from Table 1.
(iii)Review of weighing (per hour per service representative) 94.20
(3)Stowage examination (service-on-request): 4
(i)Ship (per stowage space) (minimum $291.00 per ship) 58.20
(ii)Subsequent ship examinations (same as original) (minimum $174.60 per ship) 58.20
(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 § 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 § 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 representative) 2 $72.90
(2)Certification of diverter-type mechanical samplers (per hour per service representative) 2 72.90
(3)Special weighing services (per hour per service representative): 2
(i)Scale testing and certification 94.80
(ii)Scale testing and certification of railroad track scales 94.80
(iii)Evaluation of weighing and material handling systems 94.80
(iv)NTEP Prototype evaluation (other than Railroad Track Scales) 94.80
(v)NTEP Prototype evaluation of Railroad Track Scale 94.80
(vi)Use of GIPSA railroad track scale test equipment per facility for each requested service. (Track scales tested under the Association of American Railroads agreement are exempt.) 568.50
(vii)Mass standards calibration and re-verification 94.80
(viii)Special projects 94.80
(4)Foreign travel (hourly fee) 3 94.80
(5)Online customized data service:
(i)One data file per week for 1 year 568.50
(ii)One data file per month for 1 year 341.10
(6)Samples provided to interested parties (per sample) 3.60
(7)Divided-lot certificates (per certificate) 2.30
(8)Extra copies of certificates (per certificate) 2.30
(9)Faxing (per page) 2.30
(10)Special mailing Actual Cost
(11)Preparing certificates onsite or during other than normal business hours (use hourly rates from Table 1). 1 Any requested service that is not listed will be performed at $72.90 per hour. 2 Regular business hours—Monday through Friday—service provided at other than regular business hours will be charged at 1/2 times the applicable hourly rate. (See § 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]
Connectionstraces to 4
6 references not yet in our index
  • 7 CFR 800
  • 7 USC 71-81k
  • 5 USC 601-612
  • 7 CFR 800.71
  • 7 CFR 800.30
  • 7 USC 71-87k
Citation graph
cites case law
Unknown
Final rule
Fed. Reg.Notices
U.S.C.§ 87f–1
Fed. Reg.Notices
Fed. Reg.Notices
Cite7 CFR 800
Cite7 USC 71-81k
Cite5 USC 601-612
Cite7 CFR 800.71
Cite7 CFR 800.30
Cites 10 · showing 9Cited by 0 across 0 sources
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