Increase in Fees and Charges for Egg, Poultry, and Rabbit Grading, 42254-42256 [05-14514]
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42254
Federal Register / Vol. 70, No. 140 / Friday, July 22, 2005 / Rules and Regulations
executive agency as defined in 5 U.S.C.
105; for the legislative branch, the
Secretary of the Senate, the Clerk of the
House of Representatives, or the head of
any other legislative branch agency; for
the judicial branch, the Director of the
Administrative Office of the U.S. Courts;
for the Postal Service, the Postmaster
General; and for any other independent
establishment that is an entity of the
Federal Government, the head of the
establishment. For the purpose of an
approval of coverage under this subpart,
agency head is also deemed to include
the designated representative of the
head of an executive department as
defined in 5 U.S.C. 101, except that the
designated representative must be a
department headquarters-level official
who reports directly to the executive
department head, or to the deputy
department head, and who is the sole
such representative for the entire
department. For the purpose of a denial
of coverage under this subpart, agency
head is also deemed to include the
designated representative of the agency
head, as defined in the first sentence of
this definition, at any level within the
agency.
*
*
*
*
*
PART 842—FEDERAL EMPLOYEES
RETIREMENT SYSTEM—BASIC
ANNUITY
3. The authority citation for part 842 is
revised to read as follows:
I
Authority: 5 U.S.C. 8461(g); Secs. 842.104
and 842.106 also issued under 5 U.S.C.
8461(n); Sec. 842.104 also issued under
sections 3 and 7(c) of Pub. L. 105–274, 112,
Stat. 2419; Sec. 842.105 also issued under 5
U.S.C. 8402(c)(1) and 7701(b)(2); Sec,
842.106 also issued under section 102(e) of
Pub. L. 104–8, 109 Stat. 102, as amended by
section 153 of Pub. L. 104–134, 110 Stat.
1321; Sec. 842.107 also issued under sections
11202(f), 11232(e), and 11246(b) of Pub. L.
105–33, 111 Stat. 251; Sec. 842.107 also
issued under section 7(b) of Pub. L. 105–274,
112 Stat. 2419; Sec. 842.108 aslo issued
under section 7(e) of Pub. L. 105–274, 112
Stat. 2419; Sec. 842.213 also issued under 5
U.S.C. 8414(b)(1)(B) and section 1313(b)(5) of
Pub. L. 107–296, 116 Stat. 2135; Secs.
842.604 and 842.611 also issued under 5
U.S.C. 8419; Sec. 842.615 also issued under
5 U.S.C. 8416 and 8417; Sec. 842.614 also
issued under 5 U.S.C. 8419; Sec. 842.615 also
issued under 5 U.S.C. 8418; Sec. 842.703 also
issued under section 7001(a)(4) of Pub. L.
101–508, 104 Stat. 1388; Sec. 842.707 also
issued under section 6001 of Pub. L. 100–
203, 101 Stat. 1300; Sec. 842.708 also issued
under section 4005 of Pub. L. 101–239, 103
Stat. 2106 and section 7001 of Pub. L. 101–
508, 104 Stat. 1388, subpart H also issued
under 5 U.S.C. 1104; sec. 842.810 also issued
under Appendix C to Pub. L. 106–554, 114
Stat. 2763A–164.
VerDate jul<14>2003
15:02 Jul 21, 2005
Jkt 205001
Subpart H—Law Enforcement Officers,
Firefighters, and Air Traffic Controllers
4. Amend § 842.802 by revising the
definition of agency head to read as
follows:
I
§ 842.802
Definitions
*
*
*
*
*
Agency head means, for the executive
branch agencies, the head of an
executive agency as defined in 5 U.S.C.
105; for the legialative branch, the
Secretary of State, the Clerk of the
House of representatives, or the head of
any other legislative branch agency; for
the judicial branch, the Director of the
Administrative Office of the U.S. Courts;
for the Postal Service, the Postmaster
General; and for any other independent
establishment that is an entity of the
Federal Government, the head of the
establishment. For the purpose of an
approval of coverage under this subpart,
agency head is also deemed to include
the designated representative of the
head of an executive department as
defined in 5 U.S.C. 101, except that, for
provisions dealing with law
enforcement officers and firefighters, the
designated representative must be a
department headquarters-level official
who reports directly to the executive
department head, or to the deputy
department head, and who is the sole
such represenative for the entire
department. For the purpose of a denial
coverage under this subpart, agency
head is also deemed to include the
designated representative of the agency
head, as defined in the first sentence of
this definition, at any level within the
agency.
*
*
*
*
*
[FR Doc. 05–14240 Filed 7–21–05; 8:45 am]
BILLING CODE 6325–39–M
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 56 and 70
[Docket No. PY–05–001]
RIN 0581–AC44
Increase in Fees and Charges for Egg,
Poultry, and Rabbit Grading
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
SUMMARY: The Agricultural Marketing
Service (AMS) is increasing the fees and
charges for Federal voluntary egg,
poultry, and rabbit grading. These fees
and charges are being increased to cover
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
the increase in salaries of Federal
employees, salary increases of State
employees cooperatively utilized in
administering the programs, and other
increased Agency costs.
DATES: Effective September 25, 2005.
FOR FURTHER INFORMATION CONTACT:
David Bowden, Jr., Chief,
Standardization Branch, (202) 720–
3506.
SUPPLEMENTARY INFORMATION:
Background
The Agricultural Marketing Act
(AMA) of 1946 (7 U.S.C. 1621 et seq.)
authorizes official voluntary grading
and certification of eggs, poultry, and
rabbits on a user-fee basis. The AMA
provides that reasonable fees be
collected from users of program services
to cover, as nearly as practicable, the
costs of services rendered. The AMS
regularly reviews these programs to
determine if fees are adequate and if
costs are reasonable.
A recent review determined that the
existing fee schedule, effective January
1, 2004, would not generate sufficient
revenues to cover program costs while
maintaining an adequate reserve balance
in FY 2006. Costs in FY 2006 are
projected at $31.9 million. Without a fee
increase, FY 2006 revenues are
projected at $30.5 million and trust fund
balances would be $14.5 million. With
a fee increase, FY 2006 revenues are
projected at $31.9 million and trust fund
balances would remain at $15.9 million.
Employee salaries and benefits
account for approximately 82 percent of
the total operating budget. A general
and locality salary increase for Federal
employees, effective in January 2004,
materially affected program costs.
Projected cost estimates for that increase
were based on a salary increase of 2.0
percent, however, the increase was
actually 3.89 to 5.35 percent, depending
on locality. The last increase of 3.25 to
4.3 percent, depending on locality,
became effective in January 2005 and
another increase, estimated at 1.5
percent, is expected in January 2006.
Also, from October 2004 through
September 2006, salaries and fringe
benefits of federally-licensed State
employees will have increased by about
6.0 percent. This paragraph, which also
appeared in the proposed rule, has been
updated to reflect more current
information.
The impact of these cost increases
was determined for resident,
nonresident, and fee services. To offset
projected cost increases, the hourly
resident and nonresident rate will be
increased by approximately 5.8 percent
and the fee rate will be increased by
E:\FR\FM\22JYR1.SGM
22JYR1
42255
Federal Register / Vol. 70, No. 140 / Friday, July 22, 2005 / Rules and Regulations
approximately 8.3 percent. The hourly
rate for resident and nonresident service
covers graders’ salaries and benefits.
The hourly rate for fee service covers
graders’ salaries and benefits, plus the
cost of travel and supervision.
As shown in the table below, the
minimum monthly administrative
volume charge for resident poultry,
shell egg, and rabbit grading will not
change.
The following table compares current
fees and charges with proposed fees and
charges for egg, poultry, and rabbit
grading as found in 7 CFR parts 56 and
70:
Service
Current
Proposed
Resident Service (egg, poultry, and rabbit grading)
Inauguration of service ....................................................................................................................................................
Hourly charges:
Regular hours ...........................................................................................................................................................
Administrative charges—Poultry grading:
Per pound of poultry .................................................................................................................................................
Minimum per month ..................................................................................................................................................
Maximum per month .................................................................................................................................................
Administrative charges—Shell egg grading:
Per 30-dozen case of shell eggs .............................................................................................................................
Minimum per month ..................................................................................................................................................
Maximum per month .................................................................................................................................................
Administrative charges—Rabbit grading:
Based on 25% of grader’s salary, minimum per month ..........................................................................................
310
310
34.36
36.36
.00037
260
2,755
.00039
260
2,875
.048
260
2,755
.051
260
2,875
260
260
34.36
36.36
260
260
60.00
69.32
65.00
75.12
Nonresident Service (egg and poultry grading)
Hourly charges:
Regular hours ...........................................................................................................................................................
Administrative charges:
Based on 25% of grader’s salary, minimum per month ..........................................................................................
Fee and Appeal Service (egg, poultry, and rabbit grading)
Hourly charges:
Regular hours ...........................................................................................................................................................
Weekend and holiday hours .....................................................................................................................................
Comments
Based on the analysis of costs to
provide these services, a proposed rule
to increase the fees for these services
was published in the Federal Register
(70 FR 9883) on March 1, 2005.
Comments on the proposed rule were
solicited from interested parties until
March 31. One comment was received
from an egg industry association.
The association acknowledged the
Agency’s need to increase fees.
However, the association requested that
the increase be postponed for a period
of six months. The commenter stated
that an immediate increase would be an
added hardship on an already
economically depressed industry but, in
a few months, industry self-help
programs should be up and running. As
stated in the proposal, the Agency
intended that the fee increase be
implemented as early as possible in FY
2006. The closest available billing cycle
begins on September 25, 2005.
Accordingly, this rule will be effective
on that date.
Executive Order 12866
This action has been determined to be
not significant for purposes of Executive
Order 12866 and, therefore, has not
VerDate jul<14>2003
15:02 Jul 21, 2005
Jkt 205001
been reviewed by the Office of
Management and Budget (OMB).
Regulatory Flexibility
Pursuant to the requirements set forth
in the Regulatory Flexibility Act (RFA)
(5 U.S.C. 601 et seq.), the AMS has
considered the economic impact of this
action on small entities. It is determined
that this rule will not have a significant
economic impact on a substantial
number of small entities.
There are about 376 users of Poultry
Programs’ grading services. These
official plants can pack eggs, poultry,
and rabbits in packages bearing the
USDA grade shield when AMS graders
are present to certify that the products
meet the grade requirements as labeled.
Many of these users are small entities
under the criteria established by the
Small Business Administration (13 CFR
121.201). These entities are under no
obligation to use grading services as
authorized under the Agricultural
Marketing Act of 1946.
The AMS regularly reviews its user
fee financed programs to determine if
fees are adequate and if costs are
reasonable. A recent review determined
that the existing fee schedule, effective
January 1, 2004, will not generate
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
sufficient revenues to cover program
costs while maintaining an adequate
reserve balance in FY 2006. Costs in FY
2006 are projected at $31.9 million.
Without a fee increase, FY 2006
revenues are projected at $30.5 million
and trust fund balances would be $14.5
million. With a fee increase, FY 2006
revenues are projected at $31.9 million
and trust fund balances would remain at
$15.9 million.
This action will raise the fees charged
to users of grading services. The AMS
estimates that overall, this rule will
yield an additional $1,400,000 during
FY 2006. The hourly rate for resident
and nonresident service will increase by
approximately 5.8 percent and the fee
rate will increase by approximately 8.3
percent. The impact of these rate
changes in a poultry plant will range
from about 0.0075 to 0.10 cents per
pound of poultry handled. In a shell egg
plant, the range will be less than 0.037
to 0.466 cents per dozen eggs handled.
Civil Justice Reform
This action has been reviewed under
Executive Order 12988, Civil Justice
Reform. This action is not intended to
have retroactive effect. This rule will
not preempt any State or local laws,
E:\FR\FM\22JYR1.SGM
22JYR1
42256
Federal Register / Vol. 70, No. 140 / Friday, July 22, 2005 / Rules and Regulations
regulations, or policies, unless they
present an irreconcilable conflict with
this rule. There are no administrative
procedures which must be exhausted
prior to any judicial challenge to the
provisions of this rule.
Paperwork Reduction
The information collection
requirements that appear in the sections
to be amended by this action have been
previously approved by OMB and
assigned OMB Control Numbers under
the Paperwork Reduction Act (44 U.S.C.
Chapter 35) as follows: § 56.52(a)(4)—
No. 0581–0128; and § 70.77(a)(4)—No.
0581–0127.
Pursuant to 5 U.S.C. 533, it is found
and determined that good cause exists
for not postponing the effective date of
this action until 30 days after
publication in the Federal Register. The
revised fees need to be implemented on
an expedited basis in order to avoid
further financial losses in the grading
program. The effective date of the fee
increase, September 25, 2005, will
coincide with the first billing period in
FY 2006.
List of Subjects
7 CFR Part 56
Eggs and egg products, Food grades
and standards, Food labeling, Reporting
and recordkeeping requirements.
7 CFR Part 70
Food grades and standards, Food
labeling, Poultry and poultry products,
Rabbits and rabbit products, Reporting
and recordkeeping requirements.
For reasons set forth in the preamble,
title 7, Code of Federal Regulations,
parts 56 and 70 are amended as follows:
PART 56—GRADING OF SHELL EGGS
1. The authority citation for part 56
continues to read as follows:
I
Authority: 7 U.S.C. 1621–1627.
2. Section 56.46 is revised to read as
follows:
I
§ 56.46
On a fee basis.
(a) Unless otherwise provided in this
part, the fees to be charged and
collected for any service performed, in
accordance with this part, on a fee basis
shall be based on the applicable rates
specified in this section.
(b) Fees for grading services will be
based on the time required to perform
the services. The hourly charge shall be
$65.00 and shall include the time
actually required to perform the grading,
waiting time, travel time, and any
clerical costs involved in issuing a
certificate.
VerDate jul<14>2003
15:02 Jul 21, 2005
Jkt 205001
(c) Grading services rendered on
Saturdays, Sundays, or legal holidays
shall be charged for at the rate of $75.12
per hour. Information on legal holidays
is available from the Supervisor.
I 3. In § 56.52, paragraph (a)(4) is revised
to read as follows:
§ 56.52 Continuous grading performed on
resident basis.
*
*
*
*
*
(a) * * *
(4) An administrative service charge
based upon the aggregate number of 30dozen cases of all shell eggs handled in
the plant per billing period multiplied
by $0.051, except that the minimum
charge per billing period shall be $260
and the maximum charge shall be
$2,875. The minimum charge also
applies where an approved application
is in effect and no product is handled.
PART 70—VOLUNTARY GRADING OF
POULTRY PRODUCTS AND RABBIT
PRODUCTS
4. The authority citation for part 70
continues to read as follows:
I
Authority: 7 U.S.C. 1621–1627.
5. Section 70.71 is revised to read as
follows:
I
§ 70.71
On a fee basis.
(a) Unless otherwise provided in this
part, the fees to be charged and
collected for any service performed, in
accordance with this part, on a fee basis
shall be based on the applicable rates
specified in this section.
(b) Fees for grading services will be
based on the time required to perform
such services for class, quality, quantity
(weight test), or condition, whether
ready-to-cook poultry, ready-to-cook
rabbits, or specified poultry food
products are involved. The hourly
charge shall be $65.00 and shall include
the time actually required to perform
the work, waiting time, travel time, and
any clerical costs involved in issuing a
certificate.
(c) Grading services rendered on
Saturdays, Sundays, or legal holidays
shall be charged for at the rate of $75.12
per hour. Information on legal holidays
is available from the Supervisor.
I 6. In § 70.77, paragraph (a)(4) is revised
to read as follows:
§ 70.77 Charges for continuous poultry or
rabbit grading performed on a resident
basis.
*
*
*
*
*
(a) * * *
(4) For poultry grading: An
administrative service charge based
upon the aggregate weight of the total
volume of all live and ready-to-cook
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
poultry handled in the plant per billing
period computed in accordance with the
following: Total pounds per billing
period multiplied by $0.00039, except
that the minimum charge per billing
period shall be $260 and the maximum
charge shall be $2,875. The minimum
charge also applies where an approved
application is in effect and no product
is handled.
*
*
*
*
*
Dated: July 19, 2005.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 05–14514 Filed 7–21–05; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 983
[Docket No. FV05–983–4 IFR]
Pistachios Grown in California;
Establishment of Procedures for
Exempting Handlers From Minimum
Quality Testing
Agricultural Marketing Service,
USDA.
ACTION: Interim final rule with request
for comments.
AGENCY:
SUMMARY: This rule establishes
procedures for exempting handlers from
quality requirements, including
maximum limits for quality defects and
minimum size, prescribed under the
California pistachio marketing order
(order). The order regulates the handling
of pistachios grown in California and is
administered locally by the
Administrative Committee for
Pistachios (Committee). These
procedures will be used by the
Committee in considering handler
requests for exemptions from minimum
quality testing requirements and when
considering revocations of such
exemptions. Additionally, this rule
establishes an appeals process for
handlers who have been denied an
exemption or had an approved
exemption revoked.
DATES: Effective July 23, 2005;
comments received by September 20,
2005 will be considered prior to
issuance of a final rule.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this rule. Comments must be
sent to the Docket Clerk, Marketing
Order Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, 1400
Independence Avenue SW., STOP 0237,
E:\FR\FM\22JYR1.SGM
22JYR1
]]>Agencies
[Federal Register Volume 70, Number 140 (Friday, July 22, 2005)]
[Rules and Regulations]
[Pages 42254-42256]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14514]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 56 and 70
[Docket No. PY-05-001]
RIN 0581-AC44
Increase in Fees and Charges for Egg, Poultry, and Rabbit Grading
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Agricultural Marketing Service (AMS) is increasing the
fees and charges for Federal voluntary egg, poultry, and rabbit
grading. These fees and charges are being increased to cover the
increase in salaries of Federal employees, salary increases of State
employees cooperatively utilized in administering the programs, and
other increased Agency costs.
Dates: Effective September 25, 2005.
FOR FURTHER INFORMATION CONTACT: David Bowden, Jr., Chief,
Standardization Branch, (202) 720-3506.
SUPPLEMENTARY INFORMATION:
Background
The Agricultural Marketing Act (AMA) of 1946 (7 U.S.C. 1621 et
seq.) authorizes official voluntary grading and certification of eggs,
poultry, and rabbits on a user-fee basis. The AMA provides that
reasonable fees be collected from users of program services to cover,
as nearly as practicable, the costs of services rendered. The AMS
regularly reviews these programs to determine if fees are adequate and
if costs are reasonable.
A recent review determined that the existing fee schedule,
effective January 1, 2004, would not generate sufficient revenues to
cover program costs while maintaining an adequate reserve balance in FY
2006. Costs in FY 2006 are projected at $31.9 million. Without a fee
increase, FY 2006 revenues are projected at $30.5 million and trust
fund balances would be $14.5 million. With a fee increase, FY 2006
revenues are projected at $31.9 million and trust fund balances would
remain at $15.9 million.
Employee salaries and benefits account for approximately 82 percent
of the total operating budget. A general and locality salary increase
for Federal employees, effective in January 2004, materially affected
program costs. Projected cost estimates for that increase were based on
a salary increase of 2.0 percent, however, the increase was actually
3.89 to 5.35 percent, depending on locality. The last increase of 3.25
to 4.3 percent, depending on locality, became effective in January 2005
and another increase, estimated at 1.5 percent, is expected in January
2006. Also, from October 2004 through September 2006, salaries and
fringe benefits of federally-licensed State employees will have
increased by about 6.0 percent. This paragraph, which also appeared in
the proposed rule, has been updated to reflect more current
information.
The impact of these cost increases was determined for resident,
nonresident, and fee services. To offset projected cost increases, the
hourly resident and nonresident rate will be increased by approximately
5.8 percent and the fee rate will be increased by
[[Page 42255]]
approximately 8.3 percent. The hourly rate for resident and nonresident
service covers graders' salaries and benefits. The hourly rate for fee
service covers graders' salaries and benefits, plus the cost of travel
and supervision.
As shown in the table below, the minimum monthly administrative
volume charge for resident poultry, shell egg, and rabbit grading will
not change.
The following table compares current fees and charges with proposed
fees and charges for egg, poultry, and rabbit grading as found in 7 CFR
parts 56 and 70:
------------------------------------------------------------------------
Service Current Proposed
------------------------------------------------------------------------
Resident Service (egg, poultry, and rabbit grading)
------------------------------------------------------------------------
Inauguration of service....................... 310 310
Hourly charges:
Regular hours............................. 34.36 36.36
Administrative charges--Poultry grading:
Per pound of poultry...................... .00037 .00039
Minimum per month......................... 260 260
Maximum per month......................... 2,755 2,875
Administrative charges--Shell egg grading:
Per 30-dozen case of shell eggs........... .048 .051
Minimum per month......................... 260 260
Maximum per month......................... 2,755 2,875
Administrative charges--Rabbit grading:
Based on 25% of grader's salary, minimum 260 260
per month................................
-----------------------------------------------
Nonresident Service (egg and poultry grading)
------------------------------------------------------------------------
Hourly charges:
Regular hours............................. 34.36 36.36
Administrative charges:
Based on 25% of grader's salary, minimum 260 260
per month................................
-----------------------------------------------
Fee and Appeal Service (egg, poultry, and rabbit grading)
------------------------------------------------------------------------
Hourly charges:
Regular hours............................. 60.00 65.00
Weekend and holiday hours................. 69.32 75.12
------------------------------------------------------------------------
Comments
Based on the analysis of costs to provide these services, a
proposed rule to increase the fees for these services was published in
the Federal Register (70 FR 9883) on March 1, 2005. Comments on the
proposed rule were solicited from interested parties until March 31.
One comment was received from an egg industry association.
The association acknowledged the Agency's need to increase fees.
However, the association requested that the increase be postponed for a
period of six months. The commenter stated that an immediate increase
would be an added hardship on an already economically depressed
industry but, in a few months, industry self-help programs should be up
and running. As stated in the proposal, the Agency intended that the
fee increase be implemented as early as possible in FY 2006. The
closest available billing cycle begins on September 25, 2005.
Accordingly, this rule will be effective on that date.
Executive Order 12866
This action has been determined to be not significant for purposes
of Executive Order 12866 and, therefore, has not been reviewed by the
Office of Management and Budget (OMB).
Regulatory Flexibility
Pursuant to the requirements set forth in the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et seq.), the AMS has considered
the economic impact of this action on small entities. It is determined
that this rule will not have a significant economic impact on a
substantial number of small entities.
There are about 376 users of Poultry Programs' grading services.
These official plants can pack eggs, poultry, and rabbits in packages
bearing the USDA grade shield when AMS graders are present to certify
that the products meet the grade requirements as labeled. Many of these
users are small entities under the criteria established by the Small
Business Administration (13 CFR 121.201). These entities are under no
obligation to use grading services as authorized under the Agricultural
Marketing Act of 1946.
The AMS regularly reviews its user fee financed programs to
determine if fees are adequate and if costs are reasonable. A recent
review determined that the existing fee schedule, effective January 1,
2004, will not generate sufficient revenues to cover program costs
while maintaining an adequate reserve balance in FY 2006. Costs in FY
2006 are projected at $31.9 million. Without a fee increase, FY 2006
revenues are projected at $30.5 million and trust fund balances would
be $14.5 million. With a fee increase, FY 2006 revenues are projected
at $31.9 million and trust fund balances would remain at $15.9 million.
This action will raise the fees charged to users of grading
services. The AMS estimates that overall, this rule will yield an
additional $1,400,000 during FY 2006. The hourly rate for resident and
nonresident service will increase by approximately 5.8 percent and the
fee rate will increase by approximately 8.3 percent. The impact of
these rate changes in a poultry plant will range from about 0.0075 to
0.10 cents per pound of poultry handled. In a shell egg plant, the
range will be less than 0.037 to 0.466 cents per dozen eggs handled.
Civil Justice Reform
This action has been reviewed under Executive Order 12988, Civil
Justice Reform. This action is not intended to have retroactive effect.
This rule will not preempt any State or local laws,
[[Page 42256]]
regulations, or policies, unless they present an irreconcilable
conflict with this rule. There are no administrative procedures which
must be exhausted prior to any judicial challenge to the provisions of
this rule.
Paperwork Reduction
The information collection requirements that appear in the sections
to be amended by this action have been previously approved by OMB and
assigned OMB Control Numbers under the Paperwork Reduction Act (44
U.S.C. Chapter 35) as follows: Sec. 56.52(a)(4)--No. 0581-0128; and
Sec. 70.77(a)(4)--No. 0581-0127.
Pursuant to 5 U.S.C. 533, it is found and determined that good
cause exists for not postponing the effective date of this action until
30 days after publication in the Federal Register. The revised fees
need to be implemented on an expedited basis in order to avoid further
financial losses in the grading program. The effective date of the fee
increase, September 25, 2005, will coincide with the first billing
period in FY 2006.
List of Subjects
7 CFR Part 56
Eggs and egg products, Food grades and standards, Food labeling,
Reporting and recordkeeping requirements.
7 CFR Part 70
Food grades and standards, Food labeling, Poultry and poultry
products, Rabbits and rabbit products, Reporting and recordkeeping
requirements.
For reasons set forth in the preamble, title 7, Code of Federal
Regulations, parts 56 and 70 are amended as follows:
PART 56--GRADING OF SHELL EGGS
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1. The authority citation for part 56 continues to read as follows:
Authority: 7 U.S.C. 1621-1627.
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2. Section 56.46 is revised to read as follows:
Sec. 56.46 On a fee basis.
(a) Unless otherwise provided in this part, the fees to be charged
and collected for any service performed, in accordance with this part,
on a fee basis shall be based on the applicable rates specified in this
section.
(b) Fees for grading services will be based on the time required to
perform the services. The hourly charge shall be $65.00 and shall
include the time actually required to perform the grading, waiting
time, travel time, and any clerical costs involved in issuing a
certificate.
(c) Grading services rendered on Saturdays, Sundays, or legal
holidays shall be charged for at the rate of $75.12 per hour.
Information on legal holidays is available from the Supervisor.
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3. In Sec. 56.52, paragraph (a)(4) is revised to read as follows:
Sec. 56.52 Continuous grading performed on resident basis.
* * * * *
(a) * * *
(4) An administrative service charge based upon the aggregate
number of 30-dozen cases of all shell eggs handled in the plant per
billing period multiplied by $0.051, except that the minimum charge per
billing period shall be $260 and the maximum charge shall be $2,875.
The minimum charge also applies where an approved application is in
effect and no product is handled.
PART 70--VOLUNTARY GRADING OF POULTRY PRODUCTS AND RABBIT PRODUCTS
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4. The authority citation for part 70 continues to read as follows:
Authority: 7 U.S.C. 1621-1627.
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5. Section 70.71 is revised to read as follows:
Sec. 70.71 On a fee basis.
(a) Unless otherwise provided in this part, the fees to be charged
and collected for any service performed, in accordance with this part,
on a fee basis shall be based on the applicable rates specified in this
section.
(b) Fees for grading services will be based on the time required to
perform such services for class, quality, quantity (weight test), or
condition, whether ready-to-cook poultry, ready-to-cook rabbits, or
specified poultry food products are involved. The hourly charge shall
be $65.00 and shall include the time actually required to perform the
work, waiting time, travel time, and any clerical costs involved in
issuing a certificate.
(c) Grading services rendered on Saturdays, Sundays, or legal
holidays shall be charged for at the rate of $75.12 per hour.
Information on legal holidays is available from the Supervisor.
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6. In Sec. 70.77, paragraph (a)(4) is revised to read as follows:
Sec. 70.77 Charges for continuous poultry or rabbit grading performed
on a resident basis.
* * * * *
(a) * * *
(4) For poultry grading: An administrative service charge based
upon the aggregate weight of the total volume of all live and ready-to-
cook poultry handled in the plant per billing period computed in
accordance with the following: Total pounds per billing period
multiplied by $0.00039, except that the minimum charge per billing
period shall be $260 and the maximum charge shall be $2,875. The
minimum charge also applies where an approved application is in effect
and no product is handled.
* * * * *
Dated: July 19, 2005.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 05-14514 Filed 7-21-05; 8:45 am]
BILLING CODE 3410-02-P
