Fees: Official inspection and weighing services,
[Federal Register: April 4, 2001 (Volume 66, Number 65)]
[Proposed Rules]
[Page 17817-17821]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04ap01-20]
Proposed Rules Federal Register
This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules.
[[Page 17817]]
DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and Stockyards Administration
7 CFR Part 800
[Docket No. FGIS-2001-001a]
RIN 0580-AA75
Fees for Official Inspection and Official Weighing Services
AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA.
ACTION: Proposed rule.
SUMMARY: The Federal Grain Inspection Service (FGIS) of the Grain Inspection, Packers and Stockyards Administration (GIPSA) is proposing an increase in fees of approximately 6.1 percent. Contract and noncontract hourly rates, certain unit rates, and the administrative tonnage fee will be increased. These fees apply to official inspection and weighing services performed in the United States under the United States Grain Standards Act (USGSA), as amended. This proposed fee increase of 6.1 percent is based on the cost-of-living increases utilizing an average of the locality pay adjustments and actual cost of performing official inspection services of 2.4 percent and 3.7 percent in FY 2000 and FY 2001, respectively. GIPSA anticipates the proposed increase in the user fees will generate approximately $575,000 in additional revenue.
DATES: Written comments must be received on or before May 4, 2001.
ADDRESSES: Interested persons are invited to submit written comments concerning this proposal. Written comments must be submitted to Sharon Vassiliades, GIPSA, USDA, 1400 Independence Avenue, SW, Room 1647-S, Washington, DC 20250-3604, or faxed to (202) 690-2755. Comments may also be sent by E-mail to: comments@gipsadc.usd.gov. Please state that your comments refer to Docket No. FGIS 2001-001a. Comments will be available for public inspection in the above office during regular business hours (7 CFR 1.27 (b)).
FOR FURTHER INFORMATION CONTACT: David Orr, Director, Field Management Division, at his E-mail address: Dorr@gipsadc.usda.gov, or telephone him at (202) 720-0228.
SUPPLEMENTARY INFORMATION:
Executive Order 12866, Regulatory Flexibility Act, and the Paperwork Reduction Act
This rule has been determined to be nonsignificant for the purpose of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget.
Also, pursuant to the requirements set forth in the Regulatory Flexibility Act, it has been determined that this proposed rule will not have a significant economic impact on a substantial number of small entities as defined in the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
GIPSA regularly reviews its user-fee-financed programs to determine if the fees are adequate. GIPSA has and will continue to seek out cost saving opportunities and implement appropriate changes to reduce costs. Such actions can provide alternatives to fee increases. However, even with these efforts, GIPSA's existing fee schedule will not generate sufficient revenues to cover program costs while maintaining an adequate reserve balance. In FY 1999, GIPSA's operating costs were $23,176,643 with revenue of $22,971,204, resulting in a negative margin of $205,440. In FY 2000, GIPSA's operating costs were $24,146,428 with revenue of $23,150,188 that resulted in a negative margin of $996,240 and a negative reserve balance of $938,147. As of December 31, 2000, GIPSA's FY 2001 operating costs were $6,274,097 with revenue of $6,066,322 that resulted in a positive margin of $52,486. The current reserve negative balance of $792,794 is well below the desired 3-month reserve of approximately $3 million.
Employee salaries and benefits are major program costs that account for approximately 84 percent of FGIS's total operating budget. Effective May 1, 2000, GIPSA increased fees as published March 30, 2000, in the Federal Register (65 FR 16783), by 2.4 percent. The average Federal salary increase effective January 2000 was 4.8 percent. GIPSA had anticipated that savings could offset the remaining 2.4 percent of the Federal salary increase. GIPSA had anticipated an increase in metric tons inspected and/or weighed which in conjunction with a projected decrease in the number of paid hours could have offset the remaining half of the Federal salary increase. However, there was a 7 percent decrease in metric tons FGIS inspected in FY 2000. This decrease caused a reduction in hours billed. FGIS also experienced a shift from noncontracted service hours to contracted service hours, which caused an increase in nonrevenue productive hours in some locations. These factors were not enough to offset the remaining 2.4 percent Federal salary increases. The salary increase that became effective January 2001 averages 3.7 percent for FGIS employees. Overall, program costs are estimated to increase by approximately $575,000.
We have reviewed the financial position of our inspection and weighing program based on the increased salary and benefit costs, along with the projected FY 2001 workload of 82 million metric tons. Based on the review, we have concluded that a 6.1 percent increase will have to be recovered through increases in fees.
The fee increase primarily applies to entities engaged in the export of grain. Under the provisions of the USGSA, grain exported from the United States must be officially inspected and weighed. Mandatory inspection and weighing services are provided by GIPSA on a fee basis at 37 export facilities. All of these facilities are owned and managed by multi-national corporations, large cooperatives, or public entities that do not meet the criteria for small entities established by the Small Business Administration.
Some entities that request nonmandatory official inspection and weighing services at other than export locations could be considered small entities. The impact on these small businesses is similar to any other business; that is, an average 6.1 percent increase in the cost of official inspection and weighing services. This increase should not significantly affect any business requesting official inspection and weighing services. Furthermore, any of these small businesses that wish to avoid the fee increase may elect to do
[[Page 17818]]
so by using an alternative source for inspection and weighing services. Such a decision should not prevent the business from marketing its products.
There would be no additional reporting or recordkeeping requirements imposed by this action. In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the information collection and recordkeeping requirements in Part 800 have been previously approved by the Office of Management and Budget under control number 0580-0013. GIPSA has not identified any other Federal rules which may duplicate, overlap, or conflict with this proposed rule.
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988, Civil Justice Reform. This action is not intended to have a retroactive effect. The USGSA provides in Sec. 87g that no subdivision may require or impose any requirements or restrictions concerning the inspection, weighing, or description of grain under the Act. Otherwise, this proposed rule will not preempt any State or local laws, regulations, or policies unless they present irreconcilable conflict with this proposed rule. There are no administrative procedures that must be exhausted prior to any judicial challenge to the provisions of this proposed rule.
Proposed Action
The USGSA (7 U.S.C. 71 et seq.) authorizes GIPSA to provide official grain inspection and weighing services and to charge and collect reasonable fees for performing these services. The fees collected are to cover, as nearly as practicable, GIPSA's costs for performing these services, including related administrative and supervisory costs. The current USGSA fees were published in the Federal Register on March 30, 2000 (65 FR 16783), and became effective on May 1, 2000.
GIPSA regularly reviews its user-fee-financed programs to determine if the fees are adequate. GIPSA has and will continue to seek out cost saving opportunities and implement appropriate changes to reduce costs. Such actions can provide alternatives to fee increases. However, even with these efforts, GIPSA's existing fee schedule will not generate sufficient revenues to cover program costs while maintaining an adequate reserve balance. In FY 1999, GIPSA's operating costs were $23,176,643 with revenue of $22,971,204, resulting in a negative margin of $205,440. In FY 2000, GIPSA's operating costs were $24,146,428 with revenue of $23,150,188 that resulted in a negative margin of $996,240 and a negative reserve balance of $938,147. As of December 31, 2000, GIPSA's FY 2001 operating costs were $6,274,097 with revenue of $6,066,322 that resulted in a positive margin of $52,468. The current reserve negative balance of 4792,794 is well below the desired 3-month reserve of approximately $3 million.
Employee salaries and benefits are major program costs that account for approximately 84 percent of GIPSA's total operating budget. Effective May 1, 2000, GIPSA increased fees as published March 30, 2000, in the Federal Register (65 FR 16783), by 2.4 percent. The average Federal salary increase that became effective January 2000 was 4.8 percent. GIPSA had anticipated that savings could offset the remaining 2.4 percent of the Federal salary increase. GIPSA had anticipated an increase in metric tons inspected and/or weighed which in conjunction with a projected decrease in the number of paid hours could have offset the remaining half of the Federal salary increase. However, there was a 7 percent decrease in metric tons FGIS inspected in FY 2000. This decrease caused a reduction in hours billed. FGIS also experienced a shift from noncontracted service hours to contracted service hours, which caused an increase in nonrevenue productive hours in some locations. These factors were not enough to offset the remaining 2.4 percent Federal salary increases. The salary increase that became effective January 2001 averages 3.7 percent for FGIS employees. Overall, program costs are estimated to increase by approximately $575,000.
We have reviewed the financial position of our inspection and weighing program based on the increased salary and benefit costs, along with the projected FY 2001 workload of 82 million metric tons. Based on the review, we have concluded that a 6.1 percent increase will have to be recovered through increases in fees.
The current hourly fees are:
Monday to Monday to Friday (6 Friday (6 Saturday, a.m. to 6 p.m. to 6 Sunday, and Holidays p.m.
a.m.)
overtime
1-year contract.................................
$25.80
$28.00
$36.40
$43.60 6-month contract................................
28.40
30.20
38.60
50.60 3-month contract................................
32.40
33.40
42.00
52.20 Noncontract.....................................
37.60
39.60
48.00
59.00
GIPSA has also identified certain unit fees, for services not performed at an applicant's facility, that contain direct labor costs and would require a fee increase. Further, GIPSA has identified those costs associated with salaries and benefits that are covered by the administrative metric tonnage fee. The 6.1 percent cost-of-living increase to salaries and benefits covered by the administrative tonnage fee results in an overall increase of an average of 6.1 percent to the administrative tonnage fee. Accordingly, GIPSA is proposing a 6.1 percent increase to certain hourly rates, certain unit rates, and increase and change the administrative tonnage fee in 7 CFR 800.71, Table 1--Fees for Official Services Performed at an Applicant's Facility in an Onsite FGIS Laboratory; Table 2--Services Performed at Other Than an Applicant's Facility in an FGIS Laboratory; and Table 3, Miscellaneous Services.
This proposed rule provides a 30-day period for interested persons to comment. This comment period is deemed appropriate because grain export volume and associated requests for official services for such grain are projected to further decrease in the coming months due to seasonal and other adjustments. Accordingly, given the current level of the operating reserve, it would be necessary to implement any fee increase that may result from this rulemaking as soon as possible.
List of Subjects in 7 CFR Part 800
Administrative practice and procedure; Grain.
For the reasons set out in the preamble, 7 CFR Part 800 is proposed to be amended as follows:
[[Page 17819]]
PART 800--GENERAL REGULATIONS
-
The authority citation for part 800 continues to read as follows:
Authority: Pub. L. 94-582, 90 Stat. 2867, as amended (7 U.S.C. 71 et seq.)
-
Section 800.71 is amended by revising Schedule A in paragraph (a) to read as follows:
Sec. 800.71 Fees assessed by the Service.
(a) * * *
Schedule A.--Fees for Official Inspection and Weighing Services Performed in the United States
(1) Inspection and Weighing Services Hourly Rates (per service representative).
Table 1.--Fees for Official Services Performed at an Applicant's Facility in an Onsite FGIS Laboratory \1\
Monday to Monday to Friday (6 Friday (6 Saturday, a.m. to 6 a.m. to 6 Sunday, and Holidays p.m.)
p.m.) overtime \2\
1-year contract.................................
$27.40
$29.80
$38.60
$46.40 3-month contract................................
30.20
32.00
41.00
53.60 6-month contract................................
34.40
35.60
44.60
55.40 Noncontract.....................................
40.00
42.00
51.00
62.60
(2) Additional Tests (cost per test, assessed in addition to the hourly rate).\3\3
(i) Aflatoxin (other than Thin Layer Chromatography)....
$8.50 (ii) Aflatoxin (Thin Layer Chromatography method).......
20.00 (iii) Corn oil, protein, and starch (one or any
1.50 combination)........................................... (iv) Soybean protein and oil (one or both)..............
1.50 (v) Wheat protein (per test)............................
1.50 (vi) Sunflower oil (per test)...........................
1.50 (vii) Vomitoxin (qualitative)...........................
12.50 (viii) Vomitoxin (quantitative).........................
18.50 (ix) Waxy corn (per test)...............................
1.50 (x) Fees for other tests not listed above will be based on the lowest noncontract hourly rate. (xi) Other services:
(a) Class Y Weighing (per carrier) (1) Truck/container.............................
.30 (2) Railcar.....................................
1.25 (3) Barge.......................................
2.50
(3) Administrative Fee (assessed in addition to all other applicable fees, only one administrative fee will be assessed when inspection and weighing services are performed on the same carrier).
(i) All outbound carriers (per-metric-ton): \4\
(a) 1-1,000,000.....................................
$0.1101
(b) 1,000,001-1,500,000.............................
0.1005
(c) 1,500,001-2,000,000.............................
0.0543
(d) 2,000,001-5,000,000.............................
0.0402
(e) 5,000,001-7,000,000.............................
0.022
(f) 7,000,001 +.....................................
0.0100
\1\ Fees apply to original inspection and weighing, reinspection, and appeal inspection service and include, but are not limited to, sampling, grading, weighing, prior to loading stowage examinations, and certifying results performed within 25 miles of an employee's assigned duty station. Travel and related expenses will be charged for service outside 25 miles as found in Sec. 800.72 (a). \2\ Overtime rates will be assessed for all hours in excess of 8 consecutive hours that result from an applicant scheduling or requesting service beyond 8 hours, or if requests for additional shifts exceed existing staffing. \3\ Appeal and reinspection services will be assessed the same fee as the original inspection service. \4\ The administrative fee is assessed on an accumulated basis beginning at the start of the Service's fiscal year (October 1 each year).
Table 2.--Services Performed at Other Than an Applicant's Facility in an FGIS Laboratory \1,\ \2\
(1) Original Inspection and Weighing (Class X) Services:
(i) Sampling only (use hourly rates from Table 1)
(ii) Stationary lots (sampling, grade/factor, & checkloading) (a) Truck/trailer/container (per carrier).......
$19.00 (b) Railcar (per carrier).......................
28.60 (c) Barge (per carrier).........................
181.00 (d) Sacked grain (per hour per service
0.02 representative plus an administrative fee per hundredweight) (CWT)...........................
(iii) Lots sampled online during loading (sampling charge under (i) above, plus) (a) Truck/trailer container (per carrier).......
9.85 (b) Railcar (per carrier).......................
19.10 (c) Barge (per carrier).........................
108.10 (d) Sacked grain (per hour per service
0.02 representative plus an administrative fee per hundredweight) (CWT)...........................
(iv) Other services (a) Submitted sample (per sample--grade and
11.20 factor)........................................ (b) Warehouseman inspection (per sample)........
19.00 (c) Factor only (per factor--maximum 2 factors).
5.00
[[Page 17820]]
(d) Checkloading/condition examination (use
0.02 hourly rates from Table 1, plus an administrative fee per hundredweight if not previously assessed) (CWT)..................... (e) Reinspection (grade and factor only.
12.40 Sampling service additional, item (i) above)... (f) Class X Weighing (per hour per service
52.50 representative)................................
(v) Additional tests (excludes sampling) (a) Aflatoxin (per test--other than TLC method).
28.00 (b) Aflatoxin (per test--TLC method)............
106.00 (c) Corn oil, protein, and starch (one or any
8.60 combination)................................... (d) Soybean protein and oil (one or both).......
8.60 (e) Wheat protein (per test)....................
8.60 (f) Sunflower oil (per test)....................
8.60 (g) Vomitoxin (qualitative).....................
29.50 (h) Vomitoxin (quantitative)....................
36.50 (i) Waxy corn (per test)........................
9.85 (j) Canola (per test--00 dip test)..............
9.85 (k) Pesticide Residue Testing \3\ (1) Routine Compounds (per sample)..........
207.00 (2) Special Compounds (per service
106.00 representative)............................ (l) Fees for other tests not listed above will be based on the lowest noncontract hourly rate from Table 1. (2) Appeal inspection and review of weighing service: \4\
(i) Board Appeals and Appeals (grade and factor)
79.00 (a) Factor only (per factor--max 2 factors).....
41.50 (b) Sampling service for Appeals additional (hourly rates from Table 1)....................
(ii) Additional tests (assessed in addition to all other applicable fees) (a) Aflatoxin (per test, other than TLC)........
27.50 (b) Aflatoxin (TLC).............................
115.00 (c) Corn oil, protein, and starch (one or any
16.50 combination)................................... (d) Soybean protein and oil (one or both).......
16.50 (e) Wheat protein (per test)....................
16.50 (f) Sunflower oil (per test)....................
16.50 (g) Vomitoxin (per test--qualitative)...........
39.00 (h) Vomitoxin (per test--quantitative)..........
44.00 (i) Vomitoxin (per test--HPLC Board Appeal).....
134.00 (j) Pesticide Residue Testing \3\............... (1) Routine Compounds (per sample)..........
207.00 (2) Special Compounds (per service
106.00 representative)............................ (k) Fees for other tests not listed above will be based on the lowest noncontract hourly rate from Table 1.
(iii) Review of weighing (per hour per service
75.80 representative).................................... (3) Stowage examination (service-on-request): \3\
(i) Ship (per stowage space) (minimum $252.50 per
51.00 ship)..............................................
(ii) Subsequent ship examinations (same as original) (minimum $151.50 per ship)
(iii) Barge (per examination).......................
41.00
(iv) All other carriers (per examination)...........
16.00
\1\ Fees apply to original inspection and weighing, reinspection, and appeal inspection service and include, but are not limited to, sampling, grading, weighing, prior to loading stowage examinations, and certifying results performed within 25 miles of an employee's assigned duty station. Travel and related expenses will be charged for service outside 25 miles as found in Sec. 800.72 (a). \2\ An additional charge will be assessed when the revenue from the services in Schedule A, Table 2, does not cover what would have been collected at the applicable hourly rate as provided in Sec. 800.72 (b). \3\ If performed outside of normal business, 1\1/2\ times the applicable unit fee will be charged. \4\ If, at the request of the Service, a file sample is located and forwarded by the Agency for an official agency, the Agency may, upon request, be reimbursed at the rate of $2.50 per sample by the Service.
Table 3.--Miscellaneous Services \1\
(1) Grain grading seminars (per hour per service
$52.50 representative) \2\.................................... (2) Certification of diverter-type mechanical samplers
52.50 (per hour per service representative) \2\.............. (3) Special weighing services (per hour per service representative): \2\
(i) Scale testing and certification.................
52.50
(ii) Evaluation of weighing and material handling
52.50 systems............................................
(iii) NTEP Prototype evaluation (other than Railroad
52.50 Track Scales)......................................
(iv) NTEP Prototype evaluation of Railroad Track
52.50 Scales (plus usage fee per day for test car).......
110.00
(v) Mass standards calibration and reverification...
52.50
(vi) Special projects...............................
52.50 (4) Foreign travel (per day per service representative).
475.00 (5) Online customized data EGIS service:
(i) One data file per week for 1 year...............
500.00
(ii) One data file per month for 1 year.............
300.00 (6) Samples provided to interested parties (per sample).
2.60 (7) Divided-lot certificates (per certificate)..........
1.50 (8) Extra copies of certificates (per certificate)......
1.50 (9) Faxing (per page)...................................
1.50 (10) Special mailing (actual cost)
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(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 $52.50 per hour. \2\ Regular business hours-Monday through Friday-service provided at other than regular hours charged at the applicable overtime hourly rate.
Dated: March 28, 2001. David R. Shipman, Acting Administrator, Grain Inspection, Packers and Stockyards Administration.
[FR Doc. 01-8145Filed4-3-01; 8:45 am]
BILLING CODE 3410-EN-P
