Review Inspection Requirements for Graded Commodities, 69249-69250 [05-22586]
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69249
Rules and Regulations
Federal Register
Vol. 70, No. 219
Tuesday, November 15, 2005
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. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and
Stockyards Administration
7 CFR Part 868
RIN 0580–AA89
Review Inspection Requirements for
Graded Commodities
Grain Inspection, Packers and
Stockyards Administration, USDA.
ACTION: Final rule.
AGENCY:
SUMMARY: The Grain Inspection, Packers
and Stockyards Administration (GIPSA)
is amending the regulations under the
United States Agricultural Marketing
Act of 1946 (AMA), as amended, to
allow interested persons to specify the
quality factor(s) that would be
redetermined during an appeal
inspection or a Board appeal inspection
for grade. Currently, both appeal and
Board appeal inspections for grade must
include a redetermination (i.e., a
complete review or examination) of all
official factors that may determine the
grade, as reported on the original
certificate, or as required to be shown.
Requiring that all quality factors be
completely reexamined during an
appeal or Board appeal inspection for
grade is not efficient, is time consuming,
and can be costly. Further, a detailed
review of the preceding inspection
service is not always needed to confirm
the quality of the commodity. This
action will allow interested parties to
specify which quality factor(s) should
be redetermined during the appeal or
Board appeal inspection service.
DATES: Effective Dates: December 15,
2005.
John
C. Giler, Deputy Director, Field
Management Division: e-mail address
john.c.giler&usda.gov, telephone: (202)
720–1748.
FOR FURTHER INFORMATION CONTACT:
VerDate Aug<31>2005
12:15 Nov 14, 2005
Jkt 208001
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This action has been determined to be
not significant for purpose of Executive
Order 12866 and, therefore, has not
been reviewed by the Office of
Management and Budget (OMB). This
action simplifies the regulations
concerning official requirements for
commodity inspections. This action
reduces cost to the affected entities.
Regulatory Flexibility Act Certification
GIPSA has considered the economic
impact of this rule on small entities and
has determined that its provision would
not have a significant economic impact
on a substantial number of small
entities, as defined in the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.).
The action will affect entities engaged
in shipping graded commodities to and
from points within the United States
and exporting graded commodities from
the United States. GIPSA estimates there
are approximately 2,500 rice mills, and
bean, pea, and lentil processing plants
in the United States that could receive
official inspection services by GIPSA,
designated/delegated states, and
cooperators. Inspections of graded
commodities are performed by eight
GIPSA offices, one Federal/State office,
and six designated States which operate
under cooperative agreements and
under GIPSA supervision. Under the
provisions of the AMA, it is not
mandatory for graded commodities to be
officially inspected. Further, most users
of the official inspection services and
those entities that perform these
services do not meet the requirements of
small entities. Even though some users
could be considered small entities, this
action relieves regulatory requirements
and improves the efficiency of official
inspection services. No additional cost
is expected to result from this action.
Requiring all appeal inspections and
Board appeal inspections for grade to
include a complete review of all official
factors is not needed by applicants or
other parties to transactions, or by
official inspection personnel.
Furthermore, this requirement often
reduces the efficiency of providing
official inspection services and
increases the costs.
This rule relieves regulatory
requirements and improves the
efficiency of official inspection services.
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
Further the regulations are applied
equally to all entities.
Executive Order 12988
Under Executive Order 12988, Civil
Justice Reform, this action is not
intended to have a retroactive effect.
This action will not preempt any State
or local laws, regulations, or policies
unless they present irreconcilable
conflict with this rule. There are no
administrative procedures that must be
exhausted prior to any judicial
challenge to the provisions of this
notice.
Information Collection and
Recordkeeping Requirements
In compliance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.), the information collection and
recordkeeping requirements in Part 868
have been previously approved by OMB
No. 0580–0013.
GIPSA is committed to compliance
with the Government Paperwork
Elimination Act, which requires
Government agencies, in general, to
provide the public the option of
submitting information or transacting
business electronically to the maximum
extent possible.
Background
On July 7, 2005, GIPSA proposed in
the Federal Register (70 FR 39199) to
revise the regulations under the AMA to
allow interested persons to specify the
quality factor(s) that would be
redetermined during an appeal
inspection or a Board appeal inspection
for grade. This proposal required
comments to be received on or before
September 6, 2005. GIPSA had proposed
this action because requiring that all
quality factors be completely
reexamined during an appeal or a Board
appeal inspection is not efficient, is
time consuming, and can be costly.
Further, a detailed review of the
preceding inspection service is not
always needed to confirm the quality of
the commodity. GIPSA proposed that
applicants for service be allowed to
specify the factor(s) that are to be
redetermined as part of an appeal or
Board appeal inspection service for
grade because it provides a more
effective and more efficient inspection
service and better meets the industry’s
needs. However, appeal and board
appeal inspections for grade may
include a review of any pertinent
E:\FR\FM\15NOR1.SGM
15NOR1
69250
Federal Register / Vol. 70, No. 219 / Tuesday, November 15, 2005 / Rules and Regulations
factor(s), as deemed necessary by
official personnel. This would ensure
issuance of an accurate grade.
Comment Review
GIPSA received no comments during
the comment period.
Final Action
Accordingly, GIPSA is revising 7 CFR
868.1 to redefine the definitions of
appeal and Board appeal inspection
services, and revising the regulatory text
in 7 CFR 868.60 to revise the conditions
for requesting appeal and Board appeal
inspection services.
List of Subjects in 7 CFR Part 868
request for appeal inspection of a retest
inspection will be based upon the scope
of the original inspection. If the request
specifies a different scope, the request
shall be dismissed. Provided, however,
that an applicant for service may request
an appeal or Board appeal inspection of
specific factor(s) or official grade and
factors. In addition, appeal and Board
appeal inspection for grade may include
a review of any pertinent factor(s), as
deemed necessary by official personnel.
(Approved by the Office of Management and
Budget under control number 0580–0013).
James E. Link,
Administrator, Grain Inspection, Packers and
Stockyards Administration.
[FR Doc. 05–22586 Filed 11–14–05; 8:45 am]
Administrative practice and
procedure, Agricultural commodities.
BILLING CODE 3410–EN–M
For reasons set out in the preamble, 7
CFR part 868 is proposed to be amended
as follows:
DEPARTMENT OF ENERGY
I
PART 868—GENERAL REGULATIONS
AND STANDARDS FOR CERTAIN
AGRICULTURAL COMMODITIES
2. Section 868.1, paragraphs (b)(3),
and (b)(6) are revised to read as follows:
I
Meaning of terms.
*
*
*
*
*
(b) * * *
(3) Appeal inspection service. A
review by the Service of the result(s) of
an original inspection or retest
inspection service.
*
*
*
*
*
(6) Board appeal inspection service. A
review by the Board of Appeals and
Review of the result(s) of an original
inspection or appeal inspection service
on graded commodities.
*
*
*
*
*
I 3. Section 868.60, paragraph (b) and
the OMB citation at the end of the
section are revised to read as follows:
§ 868.60 Who may request appeal
inspection service.
*
*
*
*
(b) Kind and scope of request. When
the results for more than one kind of
service are reported on a certificate, an
appeal inspection or Board appeal
inspection service, as applicable, may
be requested on any or all kinds of
services reported on the certificate. The
scope of an appeal inspection service
will be limited to the scope of the
original inspection or, in the case of a
Board appeal inspection service, the
original or appeal inspection service. A
VerDate Aug<31>2005
12:15 Nov 14, 2005
Jkt 208001
Department of Energy.
Interim final rule.
AGENCY:
Authority: Secs. 202–208, 60 Stat. 1087, as
amended (7 U.S.C. 1621, et seq.)
*
RIN 1991–AB72
Assistance Regulations
1. The authority citation for part 868
continues to read as follows:
I
§ 868.1
10 CFR Parts 600 and 603
ACTION:
SUMMARY: The Department of Energy
(DOE) is adding a new part to the DOE
assistance regulations to establish
policies and procedures to implement
the ‘‘other transaction authority’’
granted to the Secretary of Energy by
section 1007 of the Energy Policy Act of
2005. DOE has decided to implement
other transaction authority through the
award and administration of technology
investment agreements (TIAs). TIAs are
a new class of assistance instrument for
DOE, but they have been used by the
Department of Defense (DoD) for many
years to support or stimulate defense
research projects involving for-profit
firms, especially commercial firms that
do business primarily in the commercial
marketplace. The new part 603 is
similar to the DoD regulation; both
provide contracting officers greater
flexibility to negotiate award provisions
in areas that can present barriers to
those commercial firms (e.g.,
intellectual property, audits, and cost
principles). DOE also is revising 10 CFR
part 600, subpart A, to conform it with
the new part.
DATES: Effective Date: This interim final
rule is effective on March 15, 2006.
Comment Date: Written comments must
be received by December 15, 2005.
ADDRESSES: You may submit comments,
identified by RIN Number 1991–AB72,
by any of the following methods:
1. E-mail to trudy.wood@hq.doe.gov.
Include RIN 1991–AB72 and ‘‘TIA’’ in
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
the subject line of the e-mail. Please
include the full body of your comments
in the text of the message or as an
attachment.
2. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
3. Mail: Address the comments to
Trudy Wood, U.S. Department of
Energy, Office of Procurement and
Assistance Policy (ME–61), 1000
Independence Avenue, SW.,
Washington, DC 20585. Due to potential
delays in DOE’s receipt and processing
of mail sent through the U.S. Postal
Service, we encourage respondents to
submit comments electronically to
ensure timely receipt.
FOR FURTHER INFORMATION CONTACT: Ms.
Trudy Wood, Office of Procurement and
Assistance Policy, Department of
Energy, at 202–827–1336.
SUPPLEMENTARY INFORMATION:
I. Background
II. Discussion of Rule Provisions
III. Discussion on Conforming Changes to 10
CFR Part 600
IV. Procedural Requirements
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility
Act
C. Review Under the Paperwork Reduction
Act
D. Review Under the National
Environmental Policy Act
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates
Reform Act of 1995
H. Review Under the Treasury and General
Government Appropriations Act, 1999
I. Review Under the Treasury and General
Government Appropriations Act, 2001
J. Review Under Executive Order 13211
K. Review Under the Small Business
Regulatory Enforcement Fairness Act
V. Approval of the Office of the Secretary of
Energy
I. Background
Section 1007 of the Energy Policy Act
of 2005 (Pub. L. 109–58) amends section
646 of the Department of Energy (DOE)
Organization Act by adding a subsection
(g) which authorizes the Secretary of
Energy to enter into transactions (other
than contracts, cooperative agreements,
and grants) subject to the same terms
and conditions as the Secretary of
Defense under section 2371 of title 10,
United States Code. Pursuant to 10
U.S.C. 2371, the Department of Defense
(DoD) has developed types of
cooperative agreements and other
transactions to support research with
potential for both commercial and
defense applications. In 1997, DoD
issued interim guidance that merged
various cooperative agreements and
other transactions that were similar to
E:\FR\FM\15NOR1.SGM
15NOR1
]]>Agencies
[Federal Register Volume 70, Number 219 (Tuesday, November 15, 2005)]
[Rules and Regulations]
[Pages 69249-69250]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-22586]
========================================================================
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.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 70, No. 219 / Tuesday, November 15, 2005 /
Rules and Regulations
[[Page 69249]]
DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and Stockyards Administration
7 CFR Part 868
RIN 0580-AA89
Review Inspection Requirements for Graded Commodities
AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Grain Inspection, Packers and Stockyards Administration
(GIPSA) is amending the regulations under the United States
Agricultural Marketing Act of 1946 (AMA), as amended, to allow
interested persons to specify the quality factor(s) that would be
redetermined during an appeal inspection or a Board appeal inspection
for grade. Currently, both appeal and Board appeal inspections for
grade must include a redetermination (i.e., a complete review or
examination) of all official factors that may determine the grade, as
reported on the original certificate, or as required to be shown.
Requiring that all quality factors be completely reexamined during an
appeal or Board appeal inspection for grade is not efficient, is time
consuming, and can be costly. Further, a detailed review of the
preceding inspection service is not always needed to confirm the
quality of the commodity. This action will allow interested parties to
specify which quality factor(s) should be redetermined during the
appeal or Board appeal inspection service.
DATES: Effective Dates: December 15, 2005.
FOR FURTHER INFORMATION CONTACT: John C. Giler, Deputy Director, Field
Management Division: e-mail address john.c.giler&usda.gov, telephone:
(202) 720-1748.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This action has been determined to be not significant for purpose
of Executive Order 12866 and, therefore, has not been reviewed by the
Office of Management and Budget (OMB). This action simplifies the
regulations concerning official requirements for commodity inspections.
This action reduces cost to the affected entities.
Regulatory Flexibility Act Certification
GIPSA has considered the economic impact of this rule on small
entities and has determined that its provision would not have a
significant economic impact on a substantial number of small entities,
as defined in the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.).
The action will affect entities engaged in shipping graded
commodities to and from points within the United States and exporting
graded commodities from the United States. GIPSA estimates there are
approximately 2,500 rice mills, and bean, pea, and lentil processing
plants in the United States that could receive official inspection
services by GIPSA, designated/delegated states, and cooperators.
Inspections of graded commodities are performed by eight GIPSA offices,
one Federal/State office, and six designated States which operate under
cooperative agreements and under GIPSA supervision. Under the
provisions of the AMA, it is not mandatory for graded commodities to be
officially inspected. Further, most users of the official inspection
services and those entities that perform these services do not meet the
requirements of small entities. Even though some users could be
considered small entities, this action relieves regulatory requirements
and improves the efficiency of official inspection services. No
additional cost is expected to result from this action.
Requiring all appeal inspections and Board appeal inspections for
grade to include a complete review of all official factors is not
needed by applicants or other parties to transactions, or by official
inspection personnel. Furthermore, this requirement often reduces the
efficiency of providing official inspection services and increases the
costs.
This rule relieves regulatory requirements and improves the
efficiency of official inspection services. Further the regulations are
applied equally to all entities.
Executive Order 12988
Under Executive Order 12988, Civil Justice Reform, this action is
not intended to have a retroactive effect. This action will not preempt
any State or local laws, regulations, or policies unless they present
irreconcilable conflict with this rule. There are no administrative
procedures that must be exhausted prior to any judicial challenge to
the provisions of this notice.
Information Collection and Recordkeeping Requirements
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.), the information collection and recordkeeping
requirements in Part 868 have been previously approved by OMB No. 0580-
0013.
GIPSA is committed to compliance with the Government Paperwork
Elimination Act, which requires Government agencies, in general, to
provide the public the option of submitting information or transacting
business electronically to the maximum extent possible.
Background
On July 7, 2005, GIPSA proposed in the Federal Register (70 FR
39199) to revise the regulations under the AMA to allow interested
persons to specify the quality factor(s) that would be redetermined
during an appeal inspection or a Board appeal inspection for grade.
This proposal required comments to be received on or before September
6, 2005. GIPSA had proposed this action because requiring that all
quality factors be completely reexamined during an appeal or a Board
appeal inspection is not efficient, is time consuming, and can be
costly. Further, a detailed review of the preceding inspection service
is not always needed to confirm the quality of the commodity. GIPSA
proposed that applicants for service be allowed to specify the
factor(s) that are to be redetermined as part of an appeal or Board
appeal inspection service for grade because it provides a more
effective and more efficient inspection service and better meets the
industry's needs. However, appeal and board appeal inspections for
grade may include a review of any pertinent
[[Page 69250]]
factor(s), as deemed necessary by official personnel. This would ensure
issuance of an accurate grade.
Comment Review
GIPSA received no comments during the comment period.
Final Action
Accordingly, GIPSA is revising 7 CFR 868.1 to redefine the
definitions of appeal and Board appeal inspection services, and
revising the regulatory text in 7 CFR 868.60 to revise the conditions
for requesting appeal and Board appeal inspection services.
List of Subjects in 7 CFR Part 868
Administrative practice and procedure, Agricultural commodities.
0
For reasons set out in the preamble, 7 CFR part 868 is proposed to be
amended as follows:
PART 868--GENERAL REGULATIONS AND STANDARDS FOR CERTAIN
AGRICULTURAL COMMODITIES
0
1. The authority citation for part 868 continues to read as follows:
Authority: Secs. 202-208, 60 Stat. 1087, as amended (7 U.S.C.
1621, et seq.)
0
2. Section 868.1, paragraphs (b)(3), and (b)(6) are revised to read as
follows:
Sec. 868.1 Meaning of terms.
* * * * *
(b) * * *
(3) Appeal inspection service. A review by the Service of the
result(s) of an original inspection or retest inspection service.
* * * * *
(6) Board appeal inspection service. A review by the Board of
Appeals and Review of the result(s) of an original inspection or appeal
inspection service on graded commodities.
* * * * *
0
3. Section 868.60, paragraph (b) and the OMB citation at the end of the
section are revised to read as follows:
Sec. 868.60 Who may request appeal inspection service.
* * * * *
(b) Kind and scope of request. When the results for more than one
kind of service are reported on a certificate, an appeal inspection or
Board appeal inspection service, as applicable, may be requested on any
or all kinds of services reported on the certificate. The scope of an
appeal inspection service will be limited to the scope of the original
inspection or, in the case of a Board appeal inspection service, the
original or appeal inspection service. A request for appeal inspection
of a retest inspection will be based upon the scope of the original
inspection. If the request specifies a different scope, the request
shall be dismissed. Provided, however, that an applicant for service
may request an appeal or Board appeal inspection of specific factor(s)
or official grade and factors. In addition, appeal and Board appeal
inspection for grade may include a review of any pertinent factor(s),
as deemed necessary by official personnel.
(Approved by the Office of Management and Budget under control
number 0580-0013).
James E. Link,
Administrator, Grain Inspection, Packers and Stockyards Administration.
[FR Doc. 05-22586 Filed 11-14-05; 8:45 am]
BILLING CODE 3410-EN-M
