Rule2024-31140
Formulas for Calculating Hourly and Unit Fees for FGIS Services
Primary source
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Published
January 6, 2025
Effective
February 5, 2025
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
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.
Full Text
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[Federal Register Volume 90, Number 3 (Monday, January 6, 2025)]
[Rules and Regulations]
[Pages 531-535]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-31140]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 90, No. 3 / Monday, January 6, 2025 / Rules
and Regulations
[[Page 531]]
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.
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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:
<a href="/cdn-cgi/l/email-protection#6125040f0812044f2c4f331406060d041221141205004f060e17"><span class="__cf_email__" data-cfemail="f1b5949f988294dfbcdfa38496969d9482b184829590df969e87">[email protected]</span></a>; or Anthony Goodeman, Senior Policy Advisor,
USDA, AMS, FGIS, Telephone: 202-720-2091, Email:
<a href="/cdn-cgi/l/email-protection#12537c667a7d7c6b3c463c557d7d76777f737c52676176733c757d64"><span class="__cf_email__" data-cfemail="4d0c2339252223346319630a22222928202c230d383e292c632a223b">[email protected]</span></a>.
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: <a href="https://www.ams.usda.gov/about-ams/fgis-program-directives">https://www.ams.usda.gov/about-ams/fgis-program-directives</a>.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 Sec. Sec. 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 Sec. Sec. 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 Sec.
800.71, which was stayed, with references to a newly added temporary
section, Sec. 800.74. Because Sec. 800.72(b)
[[Page 532]]
was also stayed, the interim rule replaced a reference to that section
in Sec. 800.73(d) with a reference to Sec. Sec. 800.72(a) and 800.74.
As this final rule revises Sec. 800.71 to incorporate the formulas,
these internal substitutions are no longer needed. Accordingly, this
rule replaces references to Sec. 800.74 with references to Sec.
800.71 in Sec. Sec. 800.34, 800.36, 800.156(d)(5), and 800.197(b)(3).
This rule also replaces the reference to Sec. Sec. 800.72(a) and
800.74 in Sec. 800.73(d) with a reference to Sec. 800.72. Finally,
because the changes to Sec. 800.71 will render Sec. 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
(<a href="https://data.bls.gov/cgi-bin/cpicalc.pl">https://data.bls.gov/cgi-bin/cpicalc.pl</a>) shows prices up 20 percent
between January 2020 and February 2024, and up 31 percent between
January 2016 and February 2024.
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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
[[Page 533]]
(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
----------------------------------------------------------------------------------------------------------------
All firms Large firms Small firms
------------------------------------------------------------------
Fiscal year Total fees Total fees Share paid Total fees Share paid
paid paid (%) 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
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Grand Total.............................. 167,481,991 148,706,765 89 18,775,226 11
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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
0
1. The authority citation for part 800 continues to read as follows:
Authority: 7 U.S.C. 71-87K.
Sec. 800.0 [Amended]
0
2. In Sec. 800.0, in paragraph (b), in the definition of ``Holiday'',
remove the text
[[Page 534]]
``Under section 610 and Executive Order No. 10357'' and add, in its
place, the text ``Under section 6103 and Executive Order 10358''.
Sec. 800.34 [Amended]
0
3. In Sec. 800.34, in the first sentence, remove the citation ``Sec.
800.74'' and add, in its place, the citation ``Sec. 800.71''.
Sec. 800.36 [Amended]
0
4. In Sec. 800.36, in the last sentence, remove the citation ``Sec.
800.74'' and add, in its place, the citation ``Sec. 800.71''.
0
5. Amend Sec. 800.71 by lifting the stay and revising the section to
read as follows:
Sec. 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.
[[Page 535]]
(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.
0
6. In Sec. 800.72:
0
a. Lift the stay on paragraph (b); and
0
b. Revise paragraph (b).
The revision reads as follows:
Sec. 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 Sec. 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.
Sec. 800.73 [Amended]
0
7. In Sec. 800.73, in paragraph (d), remove the citation ``Sec. Sec.
800.72(a) and 800.74'' and add, in its place, the citation ``Sec.
800.72''.
Sec. 800.74 [Removed]
0
8. Remove Sec. 800.74.
Sec. 800.156 [Amended]
0
9. In Sec. 800.156, in paragraph (d)(5), in the last sentence, remove
the citation ``Sec. 800.74'' and add, in its place, the citation
``Sec. 800.71''.
Sec. 800.197 [Amended]
0
10. In Sec. 800.197, in paragraph (b)(3), remove the citation ``Sec.
800.74'' and add, in its place, the citation ``Sec. 800.71''.
Melissa Bailey,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2024-31140 Filed 1-3-25; 8:45 am]
BILLING CODE P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on January 6, 2025.
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