81 FR 41790 - Suspension of Supervision Fee Assessment Under the United States Grain Standards Act

DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and Stockyards Administration

Federal Register Volume 81, Issue 124 (June 28, 2016)

Page Range		41790-41790
FR Document		2016-15152

The Department of Agriculture (USDA), Grain Inspection, Packers and Stockyards Administration (GIPSA) is suspending the assessment of fees for supervision of official inspection and weighing services performed by delegated States and/or designated agencies under the United States Grain Standards Act (USGSA).

Federal Register, Volume 81 Issue 124 (Tuesday, June 28, 2016)

[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)]
[Rules and Regulations]
[Page 41790]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15152]


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DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration

7 CFR Part 800


Suspension of Supervision Fee Assessment Under the United States 
Grain Standards Act

AGENCY: Grain Inspection Packers and Stockyards Administration, USDA.

ACTION: Notification of suspension of supervision fee assessment.

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SUMMARY: The Department of Agriculture (USDA), Grain Inspection, 
Packers and Stockyards Administration (GIPSA) is suspending the 
assessment of fees for supervision of official inspection and weighing 
services performed by delegated States and/or designated agencies under 
the United States Grain Standards Act (USGSA).

DATES: This document is effective beginning July 1, 2016, and remains 
in effect through June 30, 2017.

FOR FURTHER INFORMATION CONTACT: Barry Gomoll by phone at 202-720-8286 
or by email at [email protected]. Persons with disabilities who 
require alternative means for communication (Braille, large print, 
audio tape, etc.) should contact the USDA Target Center at (202) 720-
2600 (voice and TDD).

SUPPLEMENTARY INFORMATION: The Agriculture Reauthorizations Act of 
2015, Public Law 114-54, amended the USGSA (7 U.S.C. 71-87k) to require 
GIPSA to adjust fees for the supervision of official grain inspection 
and weighing in order to maintain an operating reserve of not less than 
3 and not more than 6 months (7 U.S.C. 79(j)(4)).
    GIPSA's reorganization efforts over the past 10 years have resulted 
in the centralization of supervision of delegated states and designated 
agencies. Due to this and other GIPSA cost reduction measures, the 
operating reserve of GIPSA's account for supervision of official 
inspection and weighing currently exceeds 6 months by a significant 
margin. Accordingly, GIPSA is issuing this document to announce the 
suspension of the fee for supervision of official inspection and 
weighing services of domestic grain and land carriers to Canada and 
Mexico performed by delegated States and/or designated agencies. 
According to the regulations under the USGSA, GIPSA may suspend any 
provision of the regulations in emergencies or other circumstances 
which would not impair the objectives of the USGSA (7 CFR 800.2). GIPSA 
has determined that suspending supervision fees will not impair the 
objectives of the USGSA because the operating reserve for supervision 
services is sufficient to maintain the service without additional 
funds.
    GIPSA will no longer assess the fee of $0.011 per metric ton of 
domestic shipments officially inspected and/or weighed, including land 
carrier shipments to Canada and Mexico, performed by delegated States 
and/or designated agencies on or after July 1, 2016 (7 CFR 800.71 
Schedule B). These fees will remain suspended for one year, at which 
time GIPSA will reassess the operating reserve for supervision of 
official agency inspection and weighing.
    Official inspection agencies may no longer pass the suspended 
supervision fee on to their customers. Agencies which list GIPSA 
supervision fees as a line item on their fee schedules must eliminate 
the fee. Agencies which include supervision fees as a part of fees that 
they charge to their customers must either reduce fees by the amount of 
the suspended fee or provide justification and detailed cost 
information for retaining current fees. All agencies must submit 
revised fee schedules for GIPSA approval (7 CFR 800.70).

Larry Mitchell,
Administrator, Grain Inspection, Packers and Stockyards Administration.
[FR Doc. 2016-15152 Filed 6-27-16; 8:45 am]
 BILLING CODE 3410-KD-P

41790 Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations

Date of violation or assessment Penalty DEPARTMENT OF AGRICULTURE suspending supervision fees will not
impair the objectives of the USGSA
Violation occurring after Nov. 2, Grain Inspection, Packers and because the operating reserve for
2015 and penalty assessed after Stockyards Administration supervision services is sufficient to
Aug. 1, 2016 ............................... 18,936 maintain the service without additional
7 CFR Part 800 funds.
(b) This remedy shall be in addition GIPSA will no longer assess the fee of
to any other remedy available under Suspension of Supervision Fee $0.011 per metric ton of domestic
statutory or common law. Assessment Under the United States shipments officially inspected and/or
Grain Standards Act weighed, including land carrier
PART 2636—LIMITATIONS ON shipments to Canada and Mexico,
AGENCY: Grain Inspection Packers and
OUTSIDE EARNED INCOME, performed by delegated States and/or
Stockyards Administration, USDA.
EMPLOYMENT AND AFFILIATIONS designated agencies on or after July 1,
FOR CERTAIN NONCAREER ACTION: Notification of suspension of
supervision fee assessment. 2016 (7 CFR 800.71 Schedule B). These
EMPLOYEES fees will remain suspended for one year,
SUMMARY: The Department of at which time GIPSA will reassess the
■ 6. The authority citation for part 2636 Agriculture (USDA), Grain Inspection, operating reserve for supervision of
is revised to read as follows: Packers and Stockyards Administration official agency inspection and weighing.
Authority: 5 U.S.C. App. (Ethics in (GIPSA) is suspending the assessment of Official inspection agencies may no
Government Act of 1978); Pub. L. 101–410, fees for supervision of official longer pass the suspended supervision
104 Stat. 890, 28 U.S.C. 2461 note (Federal inspection and weighing services fee on to their customers. Agencies
Civil Penalties Inflation Adjustment Act of performed by delegated States and/or
1990), as amended by Sec. 31001, Pub. L.
which list GIPSA supervision fees as a
designated agencies under the United line item on their fee schedules must
104–134, 110 Stat. 1321 (Debt Collection
Improvement Act of 1996) and Sec. 701, Pub.
States Grain Standards Act (USGSA). eliminate the fee. Agencies which
L. 114–74 (Federal Civil Penalties Inflation DATES: This document is effective include supervision fees as a part of fees
Adjustment Act Improvements Act of 2015); beginning July 1, 2016, and remains in that they charge to their customers must
E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., effect through June 30, 2017. either reduce fees by the amount of the
p. 215, as modified by E.O. 12731, 55 FR FOR FURTHER INFORMATION CONTACT: suspended fee or provide justification
42547, 3 CFR, 1990 Comp., p. 306. Barry Gomoll by phone at 202–720– and detailed cost information for
■ 7. Section 2636.104 is amended by 8286 or by email at Barry.L.Gomoll@ retaining current fees. All agencies must
revising paragraph (a) to read as follows: usda.gov. Persons with disabilities who submit revised fee schedules for GIPSA
require alternative means for approval (7 CFR 800.70).
§ 2636.104 Civil, disciplinary and other communication (Braille, large print, Larry Mitchell,
action. audio tape, etc.) should contact the
Administrator, Grain Inspection, Packers and
(a) Civil action. Except when the USDA Target Center at (202) 720–2600 Stockyards Administration.
employee engages in conduct in good (voice and TDD).
[FR Doc. 2016–15152 Filed 6–27–16; 8:45 am]
faith reliance upon an advisory opinion SUPPLEMENTARY INFORMATION: The BILLING CODE 3410–KD–P
issued under § 2636.103, an employee Agriculture Reauthorizations Act of
who engages in any conduct in violation 2015, Public Law 114–54, amended the
of the prohibitions, limitations and USGSA (7 U.S.C. 71–87k) to require
restrictions contained in this part may GIPSA to adjust fees for the supervision DEPARTMENT OF ENERGY
be subject to civil action under 5 U.S.C. of official grain inspection and weighing
app. 504(a) and a civil monetary penalty in order to maintain an operating 10 CFR Parts 207, 218, 429, 431, 490,
of not more than the amounts set forth reserve of not less than 3 and not more 501, 601, 820, 824, 851, 1013, 1017, and
below, as adjusted in accordance with than 6 months (7 U.S.C. 79(j)(4)). 1050
the inflation adjustment procedures GIPSA’s reorganization efforts over
prescribed in the Federal Civil Penalties the past 10 years have resulted in the RIN 1990–AA46
Inflation Adjustment Act of 1990, as centralization of supervision of
amended, or the amount of the delegated states and designated Inflation Adjustment of Civil Monetary
compensation the individual received agencies. Due to this and other GIPSA Penalties
for the prohibited conduct, whichever is cost reduction measures, the operating
greater. reserve of GIPSA’s account for AGENCY: Office of the General Counsel,
supervision of official inspection and U.S. Department of Energy.
Date of violation or assessment Penalty weighing currently exceeds 6 months by ACTION: Interim final rule.
a significant margin. Accordingly,
Violation occurring before Sept. 29, GIPSA is issuing this document to SUMMARY: The Department of Energy
1999 ............................................ $10,000 announce the suspension of the fee for (‘‘DOE’’) publishes this interim final
Violation occurring between Sept. supervision of official inspection and rule to adjust DOE’s civil monetary
29, 1999 and Nov. 2, 2015 ......... 11,000
weighing services of domestic grain and penalties (‘‘CMPs’’) for inflation as
Violation occurring after Nov. 2,
2015 and penalty assessed on land carriers to Canada and Mexico mandated by the Federal Civil Penalties
asabaliauskas on DSK3SPTVN1PROD with RULES

or before Aug. 1, 2016 ................ 11,000 performed by delegated States and/or Inflation Adjustment Act of 1990, as
Violation occurring after Nov. 2, designated agencies. According to the further amended by the Federal Civil
2015 and penalty assessed after regulations under the USGSA, GIPSA Penalties Inflation Adjustment Act
Aug. 1, 2016 ............................... 18,936 may suspend any provision of the Improvements Act of 2015 (collectively
regulations in emergencies or other referred to herein as ‘‘the Act’’). This
* * * * * circumstances which would not impair rule adjusts CMPs within the
[FR Doc. 2016–15193 Filed 6–27–16; 8:45 am] the objectives of the USGSA (7 CFR jurisdiction of DOE to the maximum
BILLING CODE 6345–03–P 800.2). GIPSA has determined that amount required by the Act.

VerDate Sep<11>2014 16:05 Jun 27, 2016 Jkt 238001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\28JNR1.SGM 28JNR1

Document Created: 2016-06-28 00:53:35
Document Modified: 2016-06-28 00:53:35

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Notification of suspension of supervision fee assessment.
Dates		This document is effective beginning July 1, 2016, and remains in effect through June 30, 2017.
Contact		Barry Gomoll by phone at 202-720-8286 or by email at [email protected] Persons with disabilities who require alternative means for communication (Braille, large print, audio tape, etc.) should contact the USDA Target Center at (202) 720- 2600 (voice and TDD).
FR Citation		81 FR 41790

81 FR 41790 - Suspension of Supervision Fee Assessment Under the United States Grain Standards Act

DEPARTMENT OF AGRICULTUREGrain Inspection, Packers and Stockyards Administration

Federal Register Volume 81, Issue 124 (June 28, 2016)

DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and Stockyards Administration