Unknown. Final rule

6,427 words·~29 min read·/register/2025/01/06/2024-31140·

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-2025-01-06.xml --- 90 3 Monday, January 6, 2025 Contents Agricultural Marketing Agricultural Marketing Service RULES Formulas for Calculating Hourly and Unit Fees for Federal Grain Inspection Service Services, 531-535 2024-31140 Agriculture Agriculture Department See Agricultural Marketing Service See Food and Nutrition Service See Rural Business-Cooperative Service See Rural Utilities Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 583-584 2024-31627 2024-31632 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Supervisory Highlights: Issue 37, Winter 2024, 607-613 2024-31670 Board Civil Rights Cold Case Records Review Board NOTICES Formal Determination on Records Release, 596 2024-31618 Coast Guard Coast Guard RULES Security Zone: Potomac River and Anacostia River and Adjacent Waters, Washington, DC, 565-566 2024-31636 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Consumer Product Consumer Product Safety Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Bathtub Slip Resistance Study, 613-614 2024-31623 Defense Department Defense Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 620-623, 627-628, 633-634 2024-31662 2024-31663 2024-31664 2024-31665 2024-31666 2024-31660 2024-31661 Arms Sales, 614-620, 623-633 2024-31697 2024-31698 2024-31699 2024-31700 Employee Benefits Employee Benefits Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 671-675 2024-31607 Exemption: Associated General Contractors of America, San Diego Chapter, Inc. Apprenticeship and Training Fund, Located in San Diego, CA, 675-681 2024-31599 Employment and Training Employment and Training Administration NOTICES Schedule of Remuneration: Unemployment Compensation for Ex-Servicemembers Program; Military Pay Increase Effective January 1, 2025, 681-682 2024-31608 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Implementing Statutory Addition of Certain Per- and Polyfluoroalkyl Substances to Toxics Release Inventory Beginning with Reporting Year 2025, 573-577 2024-31464 Significant New Uses:

Certain Chemical Substances (19-5.F), 567-573 2024-30964 NOTICES Decision: California State Nonroad Engine Pollution Control Standards; Small Off-Road Engines Regulations, 640-642 2024-31123 Pesticide Registration Review: Decisions and Case Closures for Several Pesticides, 638 2024-31644 Risk Evaluation under the Toxic Substances Control Act: Diisodecyl Phthalate, 638-640 2024-31280 Toxic Substances Control Act Review of Confidential Business Information Claims for the Identity of Chemicals in the TSCA Inventory, 645-646 2024-31291 Waiver of Preemption;

Decision: California State Motor Vehicle and Engine and Nonroad Engine Pollution Control Standards; The “Omnibus” Low NO <sup>X</sup> Regulation, 643-645 2024-31125 California State Motor Vehicle and Engine Pollution Control Standards; Advanced Clean Cars II, 642-643 2024-31128 Equal Equal Employment Opportunity Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 646-647 2024-31755 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points:

Ashley, ND, 558-559 2024-31637 Redfield, SD, 557-558 2024-31635 PROPOSED RULES Airworthiness Directives: Bombardier, Inc., Airplanes, 578-581 2024-31624 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 647 2025-00017 Federal Emergency Federal Emergency Management Agency NOTICES Public Assistance Program and Policy Guide, 659 2024-30084 Federal Energy Federal Energy Regulatory Commission NOTICES Application: Turlock and Modesto Irrigation District; Reasonable Period of Time for Water Quality Certification, 636, 638 2024-31650 2024-31651 Combined Filings, 634-637 2024-31652 2024-31653 Environmental Assessments;

Availability, etc.: Rover Pipeline LLC, Rover-Bulger Delivery Meter Station Project, 636-637 2024-31649 Federal Motor Federal Motor Carrier Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Financial Responsibility Motor Carriers, Freight Forwarders, and Brokers, 720-721 2024-31550 Exemption Application: Qualification of Drivers; Epilepsy and Seizure Disorders, 718-720 2024-31759 Qualification of Drivers; Hearing, 722-724 2024-31758 Federal Trade Federal Trade Commission NOTICES Analysis of Agreement Containing Consent Order to Aid Public Comment:

Planned Companies, 649-651 2024-31763 Analysis of Proposed Consent Order to Aid Public Comment: accessiBe, 647-649 2024-31765 Fish Fish and Wildlife Service NOTICES Environmental Impact Statements; Availability, etc.: Potential Land Exchange Involving Izembek National Wildlife Refuge Lands, 659-661 2024-31657 Hearings, Meetings, Proceedings, etc.: Convention on International Trade in Endangered Species of Wild Fauna and Flora, Conference of the Parties, 659 C1-2024-30698 Food and Drug Food and Drug Administration RULES Guidance:

Considerations for Complying with 21 CFR 211.110, 563-565 2024-31356 NOTICES Food Contact Notifications That Are No Longer Effective, 653-655 2024-31692 Requests for Nominations: National Mammography Quality Assurance Advisory Committee, 655-656 2024-31703 Food and Nutrition Food and Nutrition Service PROPOSED RULES Provisions to Improve the Supplemental Nutrition Assistance Program's Quality Control System; Withdrawal, 578 2024-31263 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Action, 739-741 2024-31655 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activity:

Sanofi US Services Inc., Foreign-Trade Zone 49, Ridgefield, NJ, 596 2024-31702 General Services General Services Administration NOTICES Request for Membership Application: Federal Secure Cloud Advisory Committee, 651-653 2024-31554 Saint Lawrence Great Lakes St. Lawrence Seaway Development Corporation RULES Tariff of Tolls, 566-567 2024-31616 Health and Human Health and Human Services Department See Food and Drug Administration See Health Resources and Services Administration PROPOSED RULES Health Insurance Portability and Accountability Act Security Rule to Strengthen the Cybersecurity of Electronic Protected Health Information, 898-1022 2024-30983 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 658 2024-31615 Health Resources Health Resources and Services Administration NOTICES National Vaccine Injury Compensation Program: List of Petitions Received, 656-658 2024-31614 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection RULES Immigration Bond Notifications, 535-557 2024-31358 Housing Housing and Urban Development Department RULES Home Investment Partnerships Program:

Program Updates and Streamlining, 746-895 2024-29824 Indian Affairs Indian Affairs Bureau NOTICES Documented Petition for Federal Acknowledgment as an American Indian Tribe, 661-662 2024-31647 Industry Industry and Security Bureau RULES Entity List, 559-563 2024-31468 NOTICES Denial of Export Privileges: Daniel Ray Lane, 599-600 2024-31654 Derby Clerfe, 599 2024-31656 Eric Nana Kofi Ampong-Coker, 597-598 2024-31667 Joel Alejandro Garza-Corona, 597 2024-31669 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Ocean Energy Management Bureau Internal Revenue Internal Revenue Service PROPOSED RULES Section 30C Alternative Fuel Vehicle Refueling Property Credit;

Hearing, 581-582 2024-31233 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Raw Flexible Magnets from the People's Republic of China and Taiwan, 602-603 2024-31724 Sales at Less Than Fair Value; Determinations, Investigations, etc.: Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from Malaysia, 601-602 2024-31764 International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: Certain Video Capable Electronic Devices, Including Computers, Streaming Devices, Televisions, and Components Thereof, 670-671 2024-31726 Justice Department Justice Department See Justice Programs Office NOTICES Proposed Settlement Agreement, Stipulation, Order, and Judgment, etc.: Clean Air Act, 671 2024-31760 Justice Programs Justice Programs Office PROPOSED RULES Victims of Crime Act Victim Compensation Grant Program; Withdrawal, 582 2024-31012 Labor Department Labor Department See Employee Benefits Security Administration See Employment and Training Administration See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Department of Labor-Only Performance Accountability, Information, and Reporting System, 682-683 2024-31725 Workforce Innovation and Opportunity Act Common Performance Reporting, 683 2024-31728 Land Land Management Bureau NOTICES New Recreation Fees: Special Recreation Permit for On-River Camping within the Upper Colorado River Special Recreation Management Areas, Colorado, 662-663 2024-31749 Maritime Maritime Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Maritime Administration Jones Act Vessel Availability Determinations, 725 2024-31601 Coastwise Endorsement Eligibility Determination for a Foreign-Built Vessel: Open Seas (Motor), 724-725 2024-31604 Regenero (Sail), 727-728 2024-31606 Serenity (Motor), 728-729 2024-31603 Skydancer (Sail), 725-726 2024-31600 Yes Dear (Motor), 726-727 2024-31598 National Highway National Highway Traffic Safety Administration NOTICES Petition for Decision of Inconsequential Noncompliance:

Gillig, LLC; Approval, 735-737 2024-31752 Transamerica Tire Co. Ltd.; Approval, 729-731 2024-31753 Uniform Procedures for State Highway Safety Grant Programs, 731-735 2024-31487 National Oceanic National Oceanic and Atmospheric Administration NOTICES Inventory of Areas for Possible Designation as National Marine Sanctuaries: Cashes Ledge Site, 606-607 2024-30702 Taking or Importing of Marine Mammals: Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico, 603-606 2024-31750 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Hearings, Meetings, Proceedings, etc.:

Advisory Committee on Reactor Safeguards, 686 2024-31633 Meetings; Sunshine Act, 686-687 2025-00117 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Commercial Diving Operations Standard, 683-685 2024-31727 Ocean Energy Management Ocean Energy Management Bureau NOTICES Requests for Nominations: Commercial Leasing for Wind Power Development on the Guam Outer Continental Shelf, 663-669 2024-31231 Postal Service Postal Service NOTICES Product Change:

Priority Mail and USPS Ground Advantage Negotiated Service Agreement, 687, 689-693, 695-697 2024-31732 2024-31672 2024-31673 2024-31674 2024-31675 2024-31722 2024-31723 2024-31729 2024-31730 2024-31731 Priority Mail Express, Priority Mail, and USPS Ground Advantage Negotiated Service Agreement, 687-698 2024-31676 2024-31677 2024-31678 2024-31679 2024-31680 2024-31681 2024-31682 2024-31683 2024-31684 2024-31685 2024-31686 2024-31687 2024-31688 2024-31689 2024-31690 2024-31691 2024-31704 2024-31705 2024-31706 2024-31707 2024-31708 2024-31709 2024-31710 2024-31711 2024-31712 2024-31713 2024-31714 2024-31715 2024-31716 2024-31717 2024-31718 2024-31719 2024-31720 2024-31721 2024-31733 2024-31734 2024-31735 2024-31736 2024-31737 2024-31738 2024-31739 2024-31740 2024-31741 2024-31742 2024-31743 2024-31744 2024-31745 2024-31746 2024-31747 2024-31748 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

National Human Trafficking Prevention Month (Proc. 10877), 529-530 2025-00078 Rural Business Rural Business-Cooperative Service NOTICES Funding Opportunity: Rural Business Development Grant Program to Provide Technical Assistance for Rural Transportation Systems for Fiscal Year 2025, 584-589 2024-28767 Rural Utilities Rural Utilities Service NOTICES Funding Opportunity: Distance Learning and Telemedicine Grants for Fiscal Year 2025, 589-595 2024-30465 Section 313A Guarantees for Bonds and Notes Issued for Utility Infrastructure Purposes for Fiscal Year 2025;

Application Deadline Extension, 595-596 2024-31668 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Cboe BYX Exchange, Inc., 698-699 2024-31770 Cboe BZX Exchange, Inc., 703-704 2024-31773 Cboe C2 Exchange, Inc., 701-702 2024-31772 Cboe EDGA Exchange, Inc., 700 2024-31774 Cboe EDGX Exchange, Inc., 715-716 2024-31775 Cboe Exchange, Inc., 702 2024-31769 Financial Industry Regulatory Authority, Inc., 700-701, 703 2024-31612 2024-31768 Long-Term Stock Exchange, Inc., 714-715 2024-31613 MEMX LLC, 715 2024-31767 Nasdaq ISE, LLC, 704-710 2024-31771 New York Stock Exchange LLC, 699-700 2024-31611 The Options Clearing Corp., 710-714 2024-31610 Small Business Small Business Administration NOTICES Disaster Declaration:

Georgia, 716-717 2024-31596 2024-31597 North Carolina, 716 2024-31646 North Carolina; Public Assistance Only, 717 2024-31605 State Department State Department NOTICES Determination: Foreign Missions Act, 717 2024-31595 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Great Lakes St. Lawrence Seaway Development Corporation See Maritime Administration See National Highway Traffic Safety Administration NOTICES Solicitation for Annual Combating Human Trafficking in Transportation Impact Award, 737-739 2024-31630 Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service Customs U.S.

Customs and Border Protection NOTICES Implementation of the Commonwealth of the Northern Mariana Islands Economic Vitality and Security Travel Authorization Program, 658-659 2024-31326 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Recordkeeping at Flight Schools, 741-742 2024-31628 Requests for Nominations: Advisory Committee on Former Prisoners of War, 742-743 2024-31625 Separate Parts In This Issue Part II Housing and Urban Development Department, 746-895 2024-29824 Part III Health and Human Services Department, 898-1022 2024-30983 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 90 3 Monday, January 6, 2025 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 800 [Doc. No. AMS-FGIS-24-0027] RIN 0581-AE31 Formulas for Calculating Hourly and Unit Fees for FGIS Services AGENCY:

Agricultural Marketing Service, Department of Agriculture (USDA). ACTION: Final rule. SUMMARY: The Agricultural Marketing Service (AMS), Federal Grain Inspection Service (FGIS or Service) is amending its user fee regulations to establish standardized formulas the agency will use to calculate hourly and unit fees. The changes allow FGIS to charge reasonable fees sufficient to cover the costs of providing official services and re-establish a 3-to 6-month operating reserve, as required by the United States Grain Standards Act (USGSA).

This final rule also makes specified conforming changes and minor technical changes to correct two typographical errors. DATES: This final rule is effective February 5, 2025. FOR FURTHER INFORMATION CONTACT: Denise Ruggles, Executive Program Analyst, USDA, AMS, FGIS, Telephone: 816-702-3897, Email: *Denise.M.Ruggles@usda.gov;* or Anthony Goodeman, Senior Policy Advisor, USDA, AMS, FGIS, Telephone: 202-720-2091, Email: *Anthony.T.Goodeman@usda.gov.* SUPPLEMENTARY INFORMATION: This final rule supersedes the provisions of the interim final rule titled “Fees for Official Inspection and Weighing Services under the United Stated Grain Standards Act,” and all associated rulemakings, and amends FGIS's user fee regulations to establish new formulas to calculate hourly and unit fees.

The new formulas, which are similar to the standardized formulas used in other AMS user-fee funded grading programs, amend the regulations at 7 CFR 800.71. The formulas will enable the agency to sustain operations and comply with the USGSA, which requires FGIS to charge fees sufficient to cover the costs of the official services it provides and to adjust fees annually in order to maintain an operating reserve of not less than 3 and not more than 6 months. Prospective customers can find FGIS's fee schedules posted on AMS's public website at: *https://www.ams.usda.gov/about-ams/fgis-program-directives.* Comment Review An interim final rule concerning user fees for grain inspection and weighing services was published in the **Federal Register** on June 6, 2024 (89 FR 48257).

The interim final rule was effective on July 8, 2024. A proposed rule concerning fee formulas by which FGIS would calculate future grain inspection and weighing fees was published October 8, 2024 (89 FR 81396). Copies of the interim rule and proposed rule were sent via email to FGIS stakeholders. The interim rule and proposed rule were also made available through the internet by AMS via *https://www.regulations.gov.* AMS provided a 30-day comment period, ending July 8, 2024, to give interested persons an opportunity to respond to the interim final rule, and a 45-day comment period, ending November 22, 2024, to give interested persons an opportunity to respond to the proposed rule.

FGIS received one comment to the proposed rule jointly submitted by two trade organizations. One of the trade organizations represents grain, feed, processing, exporting, and other grain handling companies who collectively operate over 8,000 facilities. The other trade association represents private and publicly owned companies and farmer-owned cooperatives that are involved in, and provide services to, the agri-bulk products international trading industry. Proposed Rule for Calculating Hourly Rates and Unit Fees Two trade associations expressed support for the proposed rule fee formulas in a joint comment.

Their comment urged FGIS to maintain transparency regarding the calculation data and to regularly share this information with industry stakeholders. By increasing the flow of information, the comment conveyed that stakeholders can collaborate more effectively with FGIS to discover additional solutions that meet current market rates and requirements. The comment reiterated, similar to feedback on FGIS's interim final rule that revised its user fees, that significant increases in fees paid by industry are unsustainable.

Concern was expressed that there is too little transparency in the existing calculation process, which makes it “difficult for both the FGIS and [stakeholders] to budget and plan for services provided. User fees should be predictable and market-based to provide enough funding and properly reflect the work performed.” The comment also suggested that FGIS uncouple hourly fee calculations from the existing five-year rolling average calculation used for tonnage fees. FGIS agrees with the comment.

The formulas adopted in this final rule will ensure greater transparency regarding the calculation of hourly rates for industry participants, as well as help mitigate large, one-time increases. This final rule also separates the calculation of hourly rates from the five-year rolling average calculation for tonnage fees. After consideration of all relevant material presented in the comment and other available information, FGIS has determined that it is appropriate to finalize the proposed rule, as published in the **Federal Register** on October 8, 2024 (89 FR 81396), without change.

Conforming Regulatory Changes In an interim rule published in the June 6, 2024, edition of the **Federal Register** (89 FR 48257), FGIS established revised fees for the remainder of 2024 (and until new fees are established using the formulas in this final rule). To implement the revised fees, the interim rule imposed a stay on §§ 800.71 and 800.72(b). To amend these sections, this rulemaking lifts the stay imposed on them by the interim rule. This rule also makes certain conforming changes in 7 CFR part 800.

Specifically, this rule restores references to §§ 800.71 and 800.72 that were amended by the interim rule. In order to implement revised fees for 2024, the interim rule replaced references to § 800.71, which was stayed, with references to a newly added temporary section, § 800.74. Because § 800.72(b) was also stayed, the interim rule replaced a reference to that section in § 800.73(d) with a reference to §§ 800.72(a) and 800.74. As this final rule revises § 800.71 to incorporate the formulas, these internal substitutions are no longer needed.

Accordingly, this rule replaces references to § 800.74 with references to § 800.71 in §§ 800.34, 800.36, 800.156(d)(5), and 800.197(b)(3). This rule also replaces the reference to §§ 800.72(a) and 800.74 in § 800.73(d) with a reference to § 800.72. Finally, because the changes to § 800.71 will render § 800.74 obsolete, this rule also removes that section. Technical Corrections This rule also corrects two typographical errors—a reference to 5 U.S.C. 6103 and a reference to Executive Order 10358—in the definition of *Holiday* in 7 CFR 800.0—Meaning of terms.

These corrections do not create new or amend existing requirements or interpretations. Required Regulatory Analyses Executive Orders 12866, 13563, and 14094 This rule is being issued in conformance with Executive Order 12866, “Regulatory Planning and Review,” Executive Order 13563, “Improving Regulation and Regulatory Review,” and Executive Order 14094, “Modernizing Regulatory Review.” Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity).

Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. Executive Order 14094 reaffirms, supplements, and updates Executive Order 12866 and further directs agencies to solicit and consider input from a wide range of affected and interested parties through a variety of means. The Office of Management and Budget

(OMB)has designated this rule as not significant under Executive Orders 12866, 13563, and 14094. Accordingly, OMB has not reviewed this rule under those orders. Since grain export volume can vary significantly from year to year, estimating the impact of future fee changes can be difficult. FGIS recognizes the need to provide predictability to the industry for inspection and weighing fees. The statutory requirement to maintain an operating reserve between 3 to 6 months of operating expenses ensures that FGIS can adequately cover its costs without imposing an undue burden on its customers. FGIS regularly reviews its user-fee financed programs to determine whether the fees charged for performing official inspection and weighing services adequately cover the costs of providing those services. Due to limitations in the current regulations (7 CFR 800.71(b)(3)), which permit fee increases of no more than 5 percent per year, combined with four years of rate decreases, and noneconomic factors that led to the 2020-2023 period having highest inflation in more than 40 years, 1 FGIS faced an operating deficit that was forecasted to grow without corrective action. 1 For example, the Consumer Price Index

(CPI)Calculator ( *https://data.bls.gov/cgi-bin/cpicalc.pl* ) shows prices up 20 percent between January 2020 and February 2024, and up 31 percent between January 2016 and February 2024. This rule revises the formulas under which FGIS adjusts fees annually to ensure stability of the program. The rule will also ensure that FGIS complies with the USGSA, which requires the agency to charge fees sufficient to cover its costs and maintain a 3- to 6-month operating reserve. FGIS will continue to seek out cost-saving measures and implement appropriate changes to reduce its costs to provide alternatives to fee increases. This rule is unlikely to have an annual effect of $200 million or more or adversely affect the economy. FGIS has operated at a net loss for five consecutive years, and even with the maximum fee increases permitted under the current regulations, the agency has been unable to reduce the deficits and rebuild the operating reserve. While FGIS's interim final rule, published previously in the **Federal Register** (89 FR 48257), addresses the agency's current deficit, this rule seeks to prevent additional deficits in future years by revising FGIS's user fee regulations to enable more accurate calculation of its costs and greater flexibility in future rate changes. FGIS believes that the U.S. grain industry will be best served by revising the regulation at 7 CFR 800.71, which addresses the calculation of fees for official inspection and weighing services performed by FGIS in the U.S. and Canada. The industry is already familiar with the annual process for evaluating and updating fees and anticipates the changes in this rule. This rule allows FGIS to continue providing mandatory and voluntary grain inspection services that facilitate international and domestic trade. This rule also allows FGIS to adjust fees in the future in response to unforeseeable climate, logistical, and market conditions, and to maintain required operating reserves. Regulatory Flexibility Analysis Under the requirements set forth in the Regulatory Flexibility Act

(RFA)(5 U.S.C. 601-12), FGIS has considered the economic impact of this final rule on small entities. Accordingly, FGIS has prepared this regulatory flexibility analysis. The purpose of the Regulatory Flexibility Act is to fit regulatory actions to the scale of businesses subject to such actions. This ensures that small businesses will not be unduly or disproportionately burdened. The Small Business Administration

(SBA)defines small businesses by their North American Industry Classification System Codes (NAICS). This final rule will affect customers of FGIS's official inspection and weighing services in the domestic and export grain markets (NAICS code 115114). Current guidance from the SBA provides a revenue cutoff at $34 million to differentiate large and small firms in this industry. Fees for the program which apply to this industry are provided on the FGIS website. Under the USGSA, all grain exported from the United States must be officially inspected and weighed, with few exceptions. FGIS provides mandatory inspection and weighing services at 29 export facilities in the United States. Five delegated State agencies provide mandatory inspection and weighing services at 20 facilities. All of these facilities are owned by multinational corporations, large cooperatives, or public entities that do not meet the requirements for small entities established by the SBA. The USGSA 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. The regulations found at 7 CFR 800.30 and 800.31 define a foreign commerce grain business as the business of regularly buying, handling, weighing, or transporting grain for sale in foreign commerce totaling 15,000 metric tons or more during the preceding or current calendar year. Currently, there are 174 businesses registered to export grain, most of which are not small businesses. Although most exporters are not small businesses, most users of FGIS's official inspection and weighing services (which include domestic grain businesses as well as exporters) meet the SBA requirements for small entities. Data on user fee receipts from FGIS for the past 5 years, plus 2024 through February, show a total of 2,123 different accounts over this time, though many firms are represented by multiple accounts. For the purpose of this regulatory flexibility analysis, FGIS will consider accounts as representing establishments, with multiple establishments associated with larger firms. FGIS identified a total of 31 large firms, as defined by the SBA firm size classification of receipts in excess of $34 million. FGIS also identified the total number of establishments affiliated with the 31 large firms to be 133. With a total number of establishments of 2,123, this means 1,990, or 94 percent, of the establishments that paid fees to FGIS over the 2019-2024 period are small businesses according to the SBA definition. Table 1 shows that while only 6 percent of the firms are considered large, in total they have contributed the vast majority of the fees paid to the program. In each of the five previous years, and for the year 2024 to date, the 31 large firms paid between 86 and 90 percent of all FGIS fees, with an average of 89 percent. The remaining 1,990 establishments paid on average 11 percent of total fees. Table 1—FGIS Billed Accounts Summary Table for Regulatory Flexibility Analysis by Small Business Administration Size Classification Fiscal year All firms Total fees paid Large firms Total fees paid Share paid (%) Small firms Total fees paid Share paid (%) 2019 $32,314,848 $27,694,899 86 $4,619,949 14 2020 30,746,015 27,386,467 89 3,359,547 11 2021 34,320,110 30,693,195 89 3,626,915 11 2022 31,663,547 28,183,027 89 3,480,520 11 2023 27,734,760 25,069,234 90 2,665,526 10 Oct 2023-Feb 2024 10,702,712 9,679,943 90 1,022,769 10 Grand Total 167,481,991 148,706,765 89 18,775,226 11 The amendments to FGIS's user fee regulations will not change the relative burden of fees on small businesses. The provisions of this final rule will apply equally to all entities. In addition, use of standardized user-fee rate calculations will benefit all inspection applicants, regardless of size, as fees will more closely reflect the current costs of inspections, and the fee calculation process will be more transparent. Through its annual review, FGIS will be able to monitor the financial status of the grain inspection and weighing program to determine whether further adjustments are necessary. Finally, this final rule will not impose additional reporting, record keeping, or other compliance requirements on small entities. FGIS has not identified any other Federal rules which may duplicate, overlap, or conflict with this final rule. Executive Order 12988 This final rule has been reviewed under Executive Order 12988—Civil Justice Reform. It is not intended to have retroactive effect. Section 18 of the USGSA (7 U.S.C. 87g) provides that no State or subdivision thereof may require or impose any requirements or restrictions concerning the inspection, weighing, or description of grain under the USGSA. Otherwise, this final rule will not preempt any State or local laws, regulations, or policies unless they present an irreconcilable conflict with this final rule. There are no administrative procedures that must be exhausted prior to any judicial challenge to the provisions of this final rule. Executive Order 13175 This final rule has been reviewed under Executive Order 13175—Consultation and Coordination with Indian Tribal Governments, which requires agencies to consider whether their rulemaking actions would have Tribal implications. FGIS has determined that this final rule is unlikely to have substantial direct effects on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801-808), the Office of Information and Regulatory Affairs designated this final rule as not a major rule, as defined by 5 U.S.C. 804(2). E-Government Act USDA is committed to complying with the provisions of the E-Government Act (44 U.S.C. 3601-3616) by promoting 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. Paperwork Reduction Act This final rule will not impose any additional reporting or recordkeeping requirements on either small or large FGIS customers. In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), FGIS reports and forms are periodically reviewed to reduce information collection requirements and duplication. List of Subjects in 7 CFR Part 800 Administrative practice and procedure, Conflict of interests, Exports, Freedom of information, Grains, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, the Agricultural Marketing Service amends 7 CFR part 800 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. § 800.0 [Amended] 2. In § 800.0, in paragraph (b), in the definition of “Holiday”, remove the text “Under section 610 and Executive Order No. 10357” and add, in its place, the text “Under section 6103 and Executive Order 10358”. § 800.34 [Amended] 3. In § 800.34, in the first sentence, remove the citation “§ 800.74” and add, in its place, the citation “§ 800.71”. § 800.36 [Amended] 4. In § 800.36, in the last sentence, remove the citation “§ 800.74” and add, in its place, the citation “§ 800.71”. 5. Amend § 800.71 by lifting the stay and revising the section to read as follows: § 800.71 Fees assessed by the Service.

(a)*Official inspection and weighing services.* The fees described for Direct Service in paragraph (a)(1) of this section apply to official inspection and weighing services performed by the Service in the U.S. and Canada. The fees described for Supervision in paragraph (a)(2) of this section 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.

(1)*Direct Service—Fees for official inspection and weighing services performed by the Service in the United States and Canada.* For each calendar year, the Service will calculate Direct Service fees as provided in paragraphs

(b)and

(c)of this section. The Service will publish a notice in the **Federal Register** and post Direct Service fees on its public website.

(2)*Supervision—Fees for supervision of official inspection and weighing services performed by delegated States and designated agencies in the United States.* The Service will assess a Supervision fee per metric ton of domestic U.S. grain shipments inspected or weighed, or both, including land carrier shipments to Canada and Mexico. For each calendar year, the Service will calculate Supervision fees as provided in paragraph

(d)of this section. The Service will publish a notice in the **Federal Register** and post the Supervision fees on its public website.

(b)*Annual review of tonnage fees.* For each calendar year, the Service will review and adjust fees included in this section and publish fees each year according to the following:

(1)*Tonnage fees.* Tonnage fees for Direct Service in paragraph (a)(1) of this section will consist of the national tonnage fee and local tonnage fees and the Service will calculate and round the fee to the nearest $0.001 per metric ton. All outbound grain officially inspected and/or weighed by the Field Offices will be assessed the national tonnage fee plus the appropriate local tonnage fee. Export grain officially inspected and/or weighed by delegated States and official agencies, excluding land carrier shipments to Canada and Mexico, will be assessed the national tonnage fee only. The fees will be set according to the following:

(i)*National tonnage fee.* The national tonnage fee is the national program administrative costs for the previous fiscal year divided by the average yearly tons of export grain officially inspected and/or weighed by delegated States and designated agencies, excluding land carrier shipments to Canada and Mexico, and outbound grain officially inspected and/or weighed by the Service, during the previous 5 fiscal years.

(ii)*Local tonnage fee.* The local tonnage fee is the Field Office administrative costs for the previous fiscal year divided by the average yearly tons of outbound grain officially inspected and/or weighed by the Field Office during the previous 5 fiscal years. The local tonnage fee is calculated individually for each Field Office.

(2)[Reserved]

(c)*Annual review of hourly and unit fees.* The Service will calculate the rate for program services, per hour per program employee using the following formulas:

(1)*Regular rate.* The total direct pay of program personnel performing grading, weighing, laboratory services, and equipment testing divided by the total direct hours for the previous year, which is then multiplied by the next year's percentage cost-of-living increase, plus the benefits rate, plus the operating rate, plus the allowance for bad debt rate. If applicable, travel expenses will be added to the cost of providing the service through the operating rate or the travel will be billed separately.

(2)*Overtime rate.* The total direct pay of program personnel performing grading, weighing, laboratory services, and equipment testing divided by the total direct hours for the previous year, which is then multiplied by the next year's percentage cost-of-living increase and then multiplied by 1.5, plus the benefits rate, plus the operating rate, plus the allowance for bad debt rate. If applicable, travel expenses will be added to the cost of providing the service through the operating rate or the travel will be billed separately.

(3)*Holiday rate.* The total direct pay of program personnel performing grading, weighing, laboratory services, and equipment testing divided by the total direct hours for the previous year, which is then multiplied by the next year's percentage cost-of-living increase and then multiplied by 2, plus the benefits rate, plus the operating rate, plus the allowance for bad debt rate. If applicable, travel expenses will be added to the cost of providing the service through the operating rate or the travel will be billed separately.

(4)*Benefits rate, operating rate, and allowance for bad debt rate.* For each calendar year, based on previous fiscal year costs, the Service will calculate the benefits rate, operating rate, and allowance for bad debt rate as follows:

(i)*Benefits rate.* The total direct benefits costs of program personnel performing grading, weighing, laboratory services, and equipment testing divided by the total hours (regular, overtime, and holiday) worked, which is then multiplied by the next calendar year's percentage cost-of-living increase.

(ii)*Operating rate.* The total operating costs of program personnel performing grading, weighing, laboratory services, and equipment testing divided by total hours (regular, overtime, and holiday) worked, which is then multiplied by the percentage of inflation.

(iii)*Allowance for bad debt rate.* The total allowance for bad debt for personnel performing grading, weighing, laboratory services, and equipment testing divided by total hours (regular, overtime, and holiday) worked.

(5)*Cost of living and inflation factors.* The Service will use the most recent economic factors released by the Office of Management and Budget for budget development purposes to derive the cost-of-living expenses and percentage of inflation factors used in the formulas in this section.

(6)*Operating reserve adjustment.* The Service will review the operating reserve at the end of each fiscal year and adjust the fees as needed to ensure an operating reserve of 3 to 6 months of expenses. This adjustment is included in the calculation for operating cost.

(d)*Annual review of Supervision fees.* Fees for Supervision in paragraph (a)(2) of this section will be set according to the following:

(1)*Supervision tonnage fee.* The supervision tonnage fee is the sum of the prior fiscal year program costs plus an operating reserve adjustment divided by the average yearly tons of domestic U.S. grain shipments inspected or weighed, or both, including land carrier shipments to Canada and Mexico, during the previous 5 fiscal years. If the calculated value is zero or a negative value, the Service will suspend the collection of supervision tonnage fees for 1 calendar year.

(2)*Operating reserve adjustment.* The operating reserve adjustment is the supervision program costs for the previous fiscal year divided by 2, less the end of previous fiscal year operating reserve balance.

(e)*Periodic review.* The Service will periodically review and adjust all Direct Service and Supervision fees in paragraphs (a)(1) and

(2)of this section, respectively, as necessary to ensure they reflect the true cost of providing and supervising official service. This process will incorporate any fee adjustments from paragraphs

(b)through

(d)of this section.

(f)*Miscellaneous fees for other services.* For each calendar year, the Service will review fees included in this section and publish fees in the **Federal Register** and on its public website.

(1)*Registration certificates and renewals.* The fee for registration certificates and renewals will be published annually in the **Federal Register** and on the Service's public website, and the Service will calculate the fee using the noncontract hourly rate published pursuant to paragraph (a)(1) of this section multiplied by 5. If you operate a business that buys, handles, weighs, or transports grain for sale in foreign commerce, or you are in a control relationship with respect to a business that buys, handles, weighs, or transports grain for sale in interstate commerce, you must complete an application and pay the published fee.

(2)*Designation amendments.* The fee for amending designations will be published annually in the **Federal Register** and on the Service's public website. The Service will calculate the fee using the cost of publication plus 1 hour at the noncontract hourly rate. If submitting an application to amend a designation, the published fee must be paid. 6. In § 800.72: a. Lift the stay on paragraph (b); and b. Revise paragraph (b). The revision reads as follows: § 800.72 Explanation of additional service fees for services performed in the United States only.

(b)In addition to a 2-hour minimum charge for service on Saturdays, Sundays, and holidays, an additional charge will be assessed when the revenue from the services in § 800.71(a)(1) does not equal or exceed what would have been collected at the applicable hourly rate. The additional charge will be the difference between the actual unit fee revenue and the hourly fee revenue. Hours accrued for travel and standby time shall apply in determining the hours for the minimum fee. § 800.73 [Amended] 7. In § 800.73, in paragraph (d), remove the citation “§§ 800.72(a) and 800.74” and add, in its place, the citation “§ 800.72”. § 800.74 [Removed] 8. Remove § 800.74. § 800.156 [Amended] 9. In § 800.156, in paragraph (d)(5), in the last sentence, remove the citation “§ 800.74” and add, in its place, the citation “§ 800.71”. § 800.197 [Amended] 10. In § 800.197, in paragraph (b)(3), remove the citation “§ 800.74” and add, in its place, the citation “§ 800.71”. Melissa Bailey, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2024-31140 Filed 1-3-25; 8:45 am]

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