United States Warehouse Act; Export Food Aid Commodities Licensing Agreement, 20353-20354 [2012-8079]

Download as PDF 20353 Notices Federal Register Vol. 77, No. 65 Wednesday, April 4, 2012 This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. DEPARTMENT OF AGRICULTURE Farm Service Agency United States Warehouse Act; Export Food Aid Commodities Licensing Agreement Farm Service Agency, USDA. Notice of Licensing Agreement Fee Schedule. AGENCY: ACTION: This notice specifies the fee schedule for the new Export Food Aid Commodities (EFAC) licensing agreement offered by the Farm Service Agency (FSA) under the United States Warehouse Act (USWA). Agricultural products that may be stored under an EFAC licensing agreement include, but are not limited to, corn soy blend, vegetable oil, and pulses such as peas, beans, and lentils. USWA licensing is a voluntary program. Warehouse operators that apply for USWA licensing agree to be licensed, comply with the licensing agreement, and pay associated user fees. The fees announced in this notice are intended to cover the costs of administering the licensing program, including the costs of inspections. DATES: Effective date: April 4, 2012. FOR FURTHER INFORMATION CONTACT: Patricia Barrett, Warehouse Operations Program Manager; phone: (202) 720– 3877, email: FSA– USWA@wdc.usda.gov. Persons with disabilities who require alternative means for communication of information for this notice (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720– 2600 (voice and TDD). SUPPLEMENTARY INFORMATION: USWA (7 U.S.C. 241–256) authorizes the Secretary of Agriculture to license warehouse operators who store agricultural products and to assess warehouse operator fees. FSA administers this authority for USDA. The USWA licensing program is intended to protect depositors of emcdonald on DSK29S0YB1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 15:28 Apr 03, 2012 Jkt 226001 agricultural products by ensuring that licensed warehouses meet specified requirements for sanitation, physical security, equipment maintenance, recordkeeping, insurance, and financial soundness. The licensing agreement specifies the terms and conditions for a warehouse operator to qualify for licensing and to operate the warehouse in compliance with the USWA and with federal regulations in 7 CFR part 735. The USWA requires the Secretary to assess fees to cover the cost of implementing the program. FSA has different types of USWA licensing agreements, with storage and inspection requirements and fees that are specific to the purpose of the license and the commodities to be stored. On March 15, 2011 (76 FR 13972– 13973), FSA published a notice in the Federal Register proposing a licensing agreement for EFAC warehouse operators. The notice requested comments on the licensing requirements and fee structures that would be appropriate for EFAC licensing agreements. Three comments were received; two did not address the fee structure. One comment stated that there should be no fees. In response to this comment, FSA notes that USWA requires the assessment of fees to cover the cost of implementing the program. This notice announces the fee schedule for the EFAC licensing agreement. Both the fee schedule and the licensing agreement will be posted on the FSA Web site at https:// www.fsa.usda.gov/FSA/ webapp?area=home&subject =coop&topic=was-ua. The EFAC licensing agreement will be available to port and transload facility operators storing or handling EFAC. This licensing agreement was developed in response to concerns of export food aid providers; specifically, the sanitation and security of agricultural commodities temporarily stored and handled in preparation for export under various food aid programs. In many existing USWA licensed warehouses, commodities such as grain or rice are stored in bulk form and commingled. In contrast, EFAC are typically packaged products that are stored on an ‘‘identity preserved’’ basis, meaning that specific quantities must be stored and handled separately from all other commodities to allow for the subsequent delivery of the actual commodity delivered for PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 warehouse storage. The fee structure for EFAC reflects that requirement. For example, USWA warehouse fees typically include a separate ‘‘service license’’ fee to license individuals to inspect and weigh commodities, but this is not an applicable fee category for EFAC. The fees provided in this notice are intended to cover the costs of the EFAC warehouse examination and inspection program. The warehouse examination and inspection program is designed to ensure the warehouse operator’s initial qualification for licensing and continuing compliance with the regulations and the licensing agreement. FSA will conduct examinations and inspections of licensed facilities as specified in the EFAC licensing agreement. Inspections will be conducted to determine the suitability of a facility for proper storage and handling of EFAC. Examinations will include, but are not limited to, review of warehouse records, pest management and control, housekeeping, safety, and security of goods in the care and custody of the licensee. The personnel conducting the examinations will verify that all commodities are properly marked and recorded in the warehouse records, and that commodities are stored in licensed space. Facilities must be kept and maintained in sound physical condition. USWA fees vary by type of warehouse, and are based on estimates of FSA costs for warehouse examinations and inspections for that type of warehouse. The fee schedule for EFAC was developed based on the anticipated time needed to review license applications and amendments, and to conduct inspections and subsequent examinations. FSA will review the fee schedule periodically to ensure that fees collected will cover associated FSA operational costs, and may revise the schedule accordingly. Any changes to the fee schedule will be posted on the FSA Web site and announced in the Federal Register. The fee schedule will also be included as an attachment to the licensing agreement. The initial EFAC fee schedule includes the following licensing, annual, and inspection fees. Licensing Fees Section 4(a) of the USWA states, ‘‘The Secretary shall assess persons covered E:\FR\FM\04APN1.SGM 04APN1 20354 Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices by this Act fees to cover the costs of administering the Act.’’ The application fee for original issuance, reissuance, or duplication of a license for EFAC is $100 for each license issued. A license, and the corresponding licensing agreement, may cover multiple locations under one license, subject the approval of the FSA Deputy Administrator for Commodity Operations (DACO). Signed on December 7, 2011. Carolyn B. Cooksie, Acting Administrator, Farm Service Agency. Annual User Fees Meetings; Sunshine Act [FR Doc. 2012–8079 Filed 4–3–12; 8:45 am] BILLING CODE 3410–05–P CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD The U.S. Chemical Safety and Hazard Investigation Board (CSB) announces that it will hold a public meeting on April 19, 2012, in Buffalo, New York, to present the findings from its investigation of a flammable vapor explosion on November 9, 2010, at the E.I DuPont de Nemours and Co. Inc. chemical plant in Buffalo, New York. The incident involved a contract welder and foreman who were repairing an agitator support atop an atmospheric storage tank containing flammable vinyl Inspection Fees fluoride (VF). The VF vapor from Inspection fees are assessed to recover interconnected, in-service process tanks the costs of administering the USWA. flowed undetected into the tank and The inspection fees are assessed for site ignited when the welder was repairing visits to determine initial suitability for the agitator support assembly. The storage of EFAC. Fees will be assessed welder died instantly and the foreman for each original examination or was burned. inspection and for amendment The meeting will begin at 6 p.m. at examinations to modify an existing the Embassy Suites Buffalo Downtown, license. The inspection fee will be Room: Encore I, II, and III, 200 Delaware $1000 for 1 to 3 locations, plus $300 for Ave., Buffalo, NY 14202 (716–842– each additional location operated under 1000). The meeting is free and open to the same licensing agreement. Fees for the public. Pre-registration is not additional or special examination required, but to assure adequate seating, services, including requested attendees are encouraged to pre-register examinations or examinations due to by emailing their names and affiliations adverse conditions, will be assessed at to publicmeeting@csb.gov by April 14, an hourly rate as determined by FSA. 2012. At the meeting CSB staff will present USWA fees for EFAC are provided in to the Board the results of their the following table: investigation into this incident. Key issues involved in the investigation UNITED STATES WAREHOUSE ACT concern flammable gas monitoring, tank [Fee Schedule—Export Food Aid Commodities isolation and hot work permits and sign(EFAC)] offs. Following the presentation of the Licensing Fee ................................... $100 CSB’s findings and safety Inspection Fee, 1 to 3 Locations ...... 1,000 recommendations, the Board will hear comments from the public. Inspection Fee, each additional At the conclusion of the public location over 3 ....................... 300 Annual User Fee, 1 to 3 Locations .. 1,500 comment period, the Board will Annual User Fee, each addiconsider whether to approve the final tional location over 3 ............. 300 case study and recommendations. All staff presentations are preliminary and General information about FSA are intended solely to allow the Board administration of its responsibilities to consider in a public forum the issues related to the USWA is available on and factors involved in this case. No FSA’s Web site, at the following link: factual analyses, conclusions or findings https://www.fsa.usda.gov/FSA/ presented by staff should be considered webapp?area=home&subject=coop& final. Only after the Board has topic=was-ua. In addition to useful considered the final staff presentation, information such as policy and listened to the public comments and procedural details, the Web site approved the staff case study will there includes a listing of licensed be an approved final record of this warehouses. incident. emcdonald on DSK29S0YB1PROD with NOTICES Annual user fees are assessed based on the cost for site visits to conduct warehouse examinations to determine continued compliance with the terms of the licensing agreement and the USWA. Annual user fees will be assessed independently of application fees and inspection fees. The annual user fee will be $1500 for 1 to 3 locations, plus $300 for each additional location operated under the same licensing agreement. VerDate Mar<15>2010 15:28 Apr 03, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 The Board will also consider whether to approve the CSB’s draft 2012–2016 Strategic Plan, which includes strategic goals, objectives, and associated measures for managing and evaluating agency operations. The draft plan is available for public comment until April 12, 2012 at www.csb.gov. All comments can be submitted via email to strategicplan@csb.gov. Please notify CSB if a translator or interpreter is needed, at least 5 business days prior to the public meeting. For more information, please contact the U.S. Chemical Safety and Hazard Investigation Board at (202) 261–7600, or visit our Web site at: www.csb.gov. Daniel Horowitz, Managing Director. [FR Doc. 2012–8142 Filed 4–2–12; 11:15 am] BILLING CODE 6350–01–P DEPARTMENT OF COMMERCE U.S. Census Bureau Proposed Information Collection; Comment Request; Quarterly Survey of Plant Capacity Utilization U.S. Census Bureau, Commerce. ACTION: Notice. AGENCY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104–13 (44 U.S.C. 3506(c)(2)(A)). SUMMARY: To ensure consideration, written comments must be submitted on or before June 4, 2012. ADDRESSES: Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at jjessup@doc.gov). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Mary C. Potter, U.S. Census Bureau, Manufacturing and Construction Division, Room 7K157, Washington, DC 20233, (301) 763–4207 (or via the Internet at mary.catherine.potter@census.gov). DATES: SUPPLEMENTARY INFORMATION: E:\FR\FM\04APN1.SGM 04APN1

Agencies

[Federal Register Volume 77, Number 65 (Wednesday, April 4, 2012)]
[Notices]
[Pages 20353-20354]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8079]


========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

========================================================================


Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / 
Notices

[[Page 20353]]



DEPARTMENT OF AGRICULTURE

Farm Service Agency


United States Warehouse Act; Export Food Aid Commodities 
Licensing Agreement

AGENCY: Farm Service Agency, USDA.

ACTION: Notice of Licensing Agreement Fee Schedule.

-----------------------------------------------------------------------

SUMMARY: This notice specifies the fee schedule for the new Export Food 
Aid Commodities (EFAC) licensing agreement offered by the Farm Service 
Agency (FSA) under the United States Warehouse Act (USWA). Agricultural 
products that may be stored under an EFAC licensing agreement include, 
but are not limited to, corn soy blend, vegetable oil, and pulses such 
as peas, beans, and lentils. USWA licensing is a voluntary program. 
Warehouse operators that apply for USWA licensing agree to be licensed, 
comply with the licensing agreement, and pay associated user fees. The 
fees announced in this notice are intended to cover the costs of 
administering the licensing program, including the costs of 
inspections.

DATES: Effective date: April 4, 2012.

FOR FURTHER INFORMATION CONTACT: Patricia Barrett, Warehouse Operations 
Program Manager; phone: (202) 720-3877, email: FSA-USWA@wdc.usda.gov. 
Persons with disabilities who require alternative means for 
communication of information for this notice (Braille, large print, 
audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 
(voice and TDD).

SUPPLEMENTARY INFORMATION: USWA (7 U.S.C. 241-256) authorizes the 
Secretary of Agriculture to license warehouse operators who store 
agricultural products and to assess warehouse operator fees. FSA 
administers this authority for USDA. The USWA licensing program is 
intended to protect depositors of agricultural products by ensuring 
that licensed warehouses meet specified requirements for sanitation, 
physical security, equipment maintenance, recordkeeping, insurance, and 
financial soundness. The licensing agreement specifies the terms and 
conditions for a warehouse operator to qualify for licensing and to 
operate the warehouse in compliance with the USWA and with federal 
regulations in 7 CFR part 735.
    The USWA requires the Secretary to assess fees to cover the cost of 
implementing the program. FSA has different types of USWA licensing 
agreements, with storage and inspection requirements and fees that are 
specific to the purpose of the license and the commodities to be 
stored.
    On March 15, 2011 (76 FR 13972-13973), FSA published a notice in 
the Federal Register proposing a licensing agreement for EFAC warehouse 
operators. The notice requested comments on the licensing requirements 
and fee structures that would be appropriate for EFAC licensing 
agreements. Three comments were received; two did not address the fee 
structure. One comment stated that there should be no fees. In response 
to this comment, FSA notes that USWA requires the assessment of fees to 
cover the cost of implementing the program.
    This notice announces the fee schedule for the EFAC licensing 
agreement. Both the fee schedule and the licensing agreement will be 
posted on the FSA Web site at https://www.fsa.usda.gov/FSA/webapp?area=home&subject=coop&topic=was-ua.
    The EFAC licensing agreement will be available to port and 
transload facility operators storing or handling EFAC. This licensing 
agreement was developed in response to concerns of export food aid 
providers; specifically, the sanitation and security of agricultural 
commodities temporarily stored and handled in preparation for export 
under various food aid programs. In many existing USWA licensed 
warehouses, commodities such as grain or rice are stored in bulk form 
and commingled. In contrast, EFAC are typically packaged products that 
are stored on an ``identity preserved'' basis, meaning that specific 
quantities must be stored and handled separately from all other 
commodities to allow for the subsequent delivery of the actual 
commodity delivered for warehouse storage. The fee structure for EFAC 
reflects that requirement. For example, USWA warehouse fees typically 
include a separate ``service license'' fee to license individuals to 
inspect and weigh commodities, but this is not an applicable fee 
category for EFAC.
    The fees provided in this notice are intended to cover the costs of 
the EFAC warehouse examination and inspection program. The warehouse 
examination and inspection program is designed to ensure the warehouse 
operator's initial qualification for licensing and continuing 
compliance with the regulations and the licensing agreement. FSA will 
conduct examinations and inspections of licensed facilities as 
specified in the EFAC licensing agreement. Inspections will be 
conducted to determine the suitability of a facility for proper storage 
and handling of EFAC. Examinations will include, but are not limited 
to, review of warehouse records, pest management and control, 
housekeeping, safety, and security of goods in the care and custody of 
the licensee. The personnel conducting the examinations will verify 
that all commodities are properly marked and recorded in the warehouse 
records, and that commodities are stored in licensed space. Facilities 
must be kept and maintained in sound physical condition.
    USWA fees vary by type of warehouse, and are based on estimates of 
FSA costs for warehouse examinations and inspections for that type of 
warehouse. The fee schedule for EFAC was developed based on the 
anticipated time needed to review license applications and amendments, 
and to conduct inspections and subsequent examinations. FSA will review 
the fee schedule periodically to ensure that fees collected will cover 
associated FSA operational costs, and may revise the schedule 
accordingly. Any changes to the fee schedule will be posted on the FSA 
Web site and announced in the Federal Register. The fee schedule will 
also be included as an attachment to the licensing agreement. The 
initial EFAC fee schedule includes the following licensing, annual, and 
inspection fees.

Licensing Fees

    Section 4(a) of the USWA states, ``The Secretary shall assess 
persons covered

[[Page 20354]]

by this Act fees to cover the costs of administering the Act.'' The 
application fee for original issuance, reissuance, or duplication of a 
license for EFAC is $100 for each license issued. A license, and the 
corresponding licensing agreement, may cover multiple locations under 
one license, subject the approval of the FSA Deputy Administrator for 
Commodity Operations (DACO).

Annual User Fees

    Annual user fees are assessed based on the cost for site visits to 
conduct warehouse examinations to determine continued compliance with 
the terms of the licensing agreement and the USWA. Annual user fees 
will be assessed independently of application fees and inspection fees. 
The annual user fee will be $1500 for 1 to 3 locations, plus $300 for 
each additional location operated under the same licensing agreement.

Inspection Fees

    Inspection fees are assessed to recover the costs of administering 
the USWA. The inspection fees are assessed for site visits to determine 
initial suitability for storage of EFAC. Fees will be assessed for each 
original examination or inspection and for amendment examinations to 
modify an existing license. The inspection fee will be $1000 for 1 to 3 
locations, plus $300 for each additional location operated under the 
same licensing agreement. Fees for additional or special examination 
services, including requested examinations or examinations due to 
adverse conditions, will be assessed at an hourly rate as determined by 
FSA.
    USWA fees for EFAC are provided in the following table:

                       United States Warehouse Act
           [Fee Schedule--Export Food Aid Commodities (EFAC)]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Licensing Fee..................................................     $100
Inspection Fee, 1 to 3 Locations...............................    1,000
    Inspection Fee, each additional location over 3............      300
Annual User Fee, 1 to 3 Locations..............................    1,500
    Annual User Fee, each additional location over 3...........      300
------------------------------------------------------------------------

    General information about FSA administration of its 
responsibilities related to the USWA is available on FSA's Web site, at 
the following link: https://www.fsa.usda.gov/FSA/webapp?area=home&subject=coop&topic=was-ua. In addition to useful 
information such as policy and procedural details, the Web site 
includes a listing of licensed warehouses.

    Signed on December 7, 2011.
Carolyn B. Cooksie,
Acting Administrator, Farm Service Agency.
[FR Doc. 2012-8079 Filed 4-3-12; 8:45 am]
BILLING CODE 3410-05-P

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