Practice and procedure: Official inspection and weighing services; exceptions to geographic areas,
[Federal Register: July 3, 2002 (Volume 67, Number 128)]
[Proposed Rules]
[Page 44571-44573]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jy02-21]
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.
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DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and Stockyards Administration
7 CFR Part 800
[Docket Number FGIS 2002-003]
RIN 0580-AA76
Exceptions to Geographic Areas for Official Agencies Under the USGSA
AGENCY: Grain Inspection, Packers and Stockyards Administration (GIPSA), USDA.
ACTION: Proposed rule.
SUMMARY: This proposed rule would revise regulations issued under the United States Grain Standards Act (USGSA) to establish criteria to allow more than one designated official agency to inspect or weigh grain within a single geographic area. This proposal would enhance the orderly marketing of grain by providing segments of the grain industry with more cost-effective and responsive official grain inspection and weighing services without undermining the integrity of the official system.
DATES: Written comments must be submitted on or before September 3, 2002.
ADDRESSES: Interested persons are invited to submit written comments concerning this proposal. Written comments must be submitted to Tess Butler, 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 electronic mail: comments.gipsa@usda.gov. Please state that your comments refer to Docket Number FGIS 2002-003. All comments will be available for public inspection in the above office during regular business hours (7 CFR 1.27 (b)).
FOR FURTHER INFORMATION CONTACT: Neil Porter, Director, Compliance Division at 202-720-8262
SUPPLEMENTARY INFORMATION:
Executive Order 12866, Executive Order 12988, Regulatory Flexibility Act, and the Paperwork Reduction Act
This proposed 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.
This proposed rule has been reviewed under Executive Order 12988, Civil Justice Reform. This action is not intended to have a retroactive effect. The U.S. Grain Standards Act (USGSA) (7 U.S.C. 71 et seq.) 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 USGSA. Otherwise, this proposed rule would 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.
Also, pursuant to the requirements set forth in the Regulatory Flexibility Act, the Administrator of Grain Inspection, Packers and Stockyards Administration (GIPSA) has determined that this proposed rule will not have a significant economic impact on a substantial number of small entities as defined pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). GIPSA conducted a 6-year voluntary pilot program. The pilot program permitted more than one official agency to operate in the same geographic area. There are 58 official agencies (15 States and 43 private agencies) designated under the USGSA. Thirty-six agencies (7 States and 29 private agencies) or 61 percent participated in the pilot program. All 43 private agencies are classified as business services, and all are ``small business entities'' under the guidelines of the Small Business Administration (SBA). The SBA does not classify States as small or large business entities. Volumes were down for state agencies. Of the 43 private agencies, 29 or 67 percent participated in the pilot program. Fourteen of the 29 saw an increase in service requests and 15 saw a decrease in service requests due to the greater flexibility provided by the pilot program. All increases and decreases in service requests represented inspections of railcars or barges. A 5-year average of official railcar and barge inspections is about 850,000 railcars per year, and about 28,000 barges per year. Less than 2 percent of the total number of railcars and less than 3 percent of the total number of barges were inspected under the pilot program by designated official agencies.
The customers (grain elevators) of the official agencies that requested service under the pilot program represented a mix of both large and small entities as defined for the grain industry by the SBA. GIPSA expects that this would remain the case. Approximately 70 percent of the 128 grain elevators that participated in the pilot program were small entities under the SBA guidelines, and accounted for 82 percent of the service volume for railcars. The 128 elevators that participated in the pilot program represent less than two percent of the estimated 9,695 off-farm storage facilities in the United States that could receive official inspection services.
Fifty-six percent of the volume of railcar inspection services during the pilot program was performed at grain elevators that had not used official services for more than a year. GIPSA believes that the pilot program has enhanced the orderly marketing of grain by providing grain elevators with improved services without undermining the integrity of the USGSA and the official system. At the same time, there has been no significant economic impact on small entity official agencies or grain elevators.
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. There would be no additional reporting or recordkeeping requirements imposed by this action. The request to GIPSA for approval can be done by telephone. GIPSA has not identified any other Federal rules which may duplicate, overlap, or conflict with this proposed rule.
Background
In 1976, the USGSA specified exclusive geographic boundaries for each designated entity performing official inspections. In later years, some grain firms reported delays in getting service due to the distance from the inspection laboratories serving them.
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Others had difficulty getting service during harvest or other peak demand periods. In April 1993, the General Accounting Office released a study, entitled ``Grain Inspection Industry Views on the Decline in Official Inspections and Inspection Costs,'' which questioned maintaining exclusivity of boundaries.
On November 1, 1995, GIPSA, under the authority of the 1993 Amendments to the USGSA, initiated a pilot program to study the effect of permitting more than one designated agency to inspect or weigh grain in a single geographic area. GIPSA concluded, based on information gathered from the pilot program, that less restrictive geographic service area requirements on designated official agencies would improve the quality of service provided to the American grain industry and facilitate the marketing of grain without undermining the integrity of the USGSA and the official system. Legislative authority was requested to permit more than one designated official agency to provide official services within a single geographic area.
Congress amended the USGSA in 2000 to give the Department discretion, under certain circumstances, to allow more than one designated official agency to provide official inspection services within a single geographic area. GIPSA is now proposing to implement this authority by revising the regulations under the USGSA. This proposed rule would allow, under certain circumstances, more than one designated official agency to provide official inspection services within a single geographic area. This proposal would provide segments of the grain industry with more cost-effective and responsive official grain inspection and weighing services.
Proposed Action
We propose to revise the following: 7 CFR 800.81, 800.99, 800.116, 800.117, 800.118, 800.185, and 800.196 to implement changes in the USGSA. The proposed changes would allow sampling for official sample- lots, and weighing of sacked grain outside the geographical boundaries assigned to the designated official agency. Program criteria for nonuse of service, timely service, and barge probing would be provided. Requests for original services would allow qualified applicants to use another agency to provide service. Official personnel may operate outside of the area of responsibility assigned to them. The proposed action would allow exceptions to the designated areas of responsibility. The sections regarding certification would be combined for a more logical sequence.
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:
PART 800--GENERAL REGULATIONS
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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.).
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Section 800.81 is amended by revising paragraphs (a)(1) and (d) and the information collection parenthetical to read as follows:
Sec. 800.81 Sample requirements; general.
(a) Samples for official sample-lot inspection service. (1) Original official sample-lot inspection service. For original sample- lot inspection purposes, an official sample shall be obtained by official personnel; representative of the grain in the lot; and protected from manipulation, substitution, and improper or careless handling. * * * * *
(d) Restriction on sampling. Official personnel shall not perform an original inspection or a reinspection service on an official sample or a warehouseman's sample unless the grain from which the sample was obtained was located within the area of responsibility assigned to the agency or field office at the time of sampling, except as provided for in Sec. 800.117, or on a case-by-case basis as determined by the Administrator. * * * * * (Approved by the Office of Management and Budget under control number 0580-0013)
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Section 800.99 is amended by revising paragraph (d) to read as follows:
Sec. 800.99 Checkweighing sacked grain.
* * * * *
(d) Restriction on weighing. No agency shall weigh any lot of sacked grain unless at the time of obtaining the official weight sample the grain from which the sample was obtained was located within the area of responsibility assigned to the agency, except as otherwise provided for in Sec. 800.117, or on a case-by-case basis as determined by the Administrator. * * * * *
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Section 800.116 is revised to read as follows:
Sec. 800.116 How to request original services.
(a) General. Except as otherwise provided for in Sec. 800.117, requests for original services shall be filedwith an agency or field office authorized to operate in the area in which the original service is to be performed. All requests shall include the information specified in Sec. 800.46. Verbal requests shall be confirmed in writing when requested by official personnel, as specified in Sec. 800.46. Copies of request forms may be obtained from the agency or field office upon request. If the information specified by Sec. 800.46 is not available at the time the request is filed, official personnel may, at their discretion, withhold service pending receipt of the required information. An official certificate shall not be issued unless the information as required by Sec. 800.46 has been submitted, or official personnel determine that sufficient information has been made available so as to perform the requested service. A record that sufficient information was made available must be included in the record of the official service.
(b) Request requirements. Except as provided for in Sec. 800.117, requests for original services, other than submitted sample inspections, must be made to the agency or field office responsible for the area in which the service will be provided. Requests for submitted sample inspections may be made with any agency, or any field office that provides original inspection service. Requests for inspection or Class X weighing of grain during loading, unloading, or handling must be received in advance of loading so official personnel can be present. All requests will be considered filedwhen official personnel receive the request. A record shall be maintained for all requests. All requests for service that is to be performed outside normal business hours must be received by 2 p.m. the preceding day.
(Approved by Office of Management and Budget under control number 0580-0013.)
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Section 800.117 is revised to read as follows:
Sec. 800.117 Who shall perform original services.
(a) General. Original services shall be performed by the agency or field office assigned the area in which the service will be provided, except as provided in paragraph (b) of this section.
(b) Exceptions for official agencies to provide service. (1) Timely service. If the assigned official agency cannot provide service within 6 hours of a request, the service may be provided by another official agency upon approval from the Service.
(2) Nonuse of service. If the assigned official agency has not provided official services to an applicant for 90 consecutive days, due to reasons other
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than seasonal shipping fluctuations, service may be provided by another official agency upon approval from the Service.
(3) Barge probe service. Any official agency may provide probe sampling and inspection service for barge-lots of grain with no restrictions due to geographical locations.
(c) Interim service at other than export port locations. If the assigned official agency is not available on a regular basis to provide original services, and no official agency within a reasonable proximity is willing to provide such services on an interim basis, the services shall be provided by authorized employees of the Secretary, or other persons licensed by the Secretary, until the services can be provided on a regular basis by an official agency, as provided in Sec. 800.196.
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Section 800.118 is revised to read as follows:
Sec. 800.118 Certification.
Official certificates shall be issued according to Sec. 800.160. Upon request, a combination inspection and Class X weighing certificate may be issued when both services are performed in a reasonably continuous operation at the same location by the same agency or field office. An official certificate shall not be issued unless the information as required by Sec. 800.46 has been submitted, or official personnel determine that sufficient information has been made available so as to perform the requested service. A record that sufficient information was made available must be included in the record of the official service.
(Approved by Office of Management and Budget under control number 0580-0013.)
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Section 800.185 is amended by revising paragraph (d) and the informational parenthetical to read as follows:
Sec. 800.185 Duties of official personnel and warehouse samplers.
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(d) Scope of operations. Official personnel and warehouse samplers shall operate only within the scope of their license or authorization and except as otherwise provided in Sec. 800.117, operate only within the area of responsibility assigned to the official agency, field office, or contractor which employs them. Official personnel and warehouse samplers may perform official inspection or weighing services in a different area of responsibility with the specific consent of the Service. * * * * *
(Approved by the Office of Management and Budget under control number 0580-0013)
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Section 800.196 is amended by revising paragraph (f)(1) and the information collection parenthetical to read as follows:
Sec. 800.196 Designations.
* * * * *
(f) Area of responsibility. (1) General. Each agency shall be assigned an area of responsibility by the Service. Each area shall be identified by geographical boundaries and, in the case of a State or local government, shall not exceed the jurisdictional boundaries of the State or the local government, unless otherwise approved by the Service. The area of responsibility may not include any export elevators at export port locations or any portion of an area of responsibility assigned to another agency that is performing the same functions, except as otherwise provided in Sec. 800.117. A designated agency may perform official services at locations outside its assigned area of responsibility only after obtaining approval from the Service, or in accordance with provisions set forth in Sec. 800.117. * * * * *
(Approved by the Office of Management and Budget under control number 0580-0013)
Dated: June 27, 2002. Donna Reifschneider, Administrator.
[FR Doc. 02-16639Filed7-2-02; 8:45 am]
BILLING CODE 3410-EN-P
