Suspension of Supervision Fee Assessment Under the United States Grain Standards Act, 41790 [2016-15152]

Download as PDF 41790 Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations Date of violation or assessment Violation occurring after Nov. 2, 2015 and penalty assessed after Aug. 1, 2016 ............................... Penalty DEPARTMENT OF AGRICULTURE Grain Inspection, Packers and Stockyards Administration 18,936 7 CFR Part 800 (b) This remedy shall be in addition to any other remedy available under statutory or common law. PART 2636—LIMITATIONS ON OUTSIDE EARNED INCOME, EMPLOYMENT AND AFFILIATIONS FOR CERTAIN NONCAREER EMPLOYEES Grain Inspection Packers and Stockyards Administration, USDA. ACTION: Notification of suspension of supervision fee assessment. AGENCY: The Department of Agriculture (USDA), Grain Inspection, Packers and Stockyards Administration (GIPSA) is suspending the assessment of Authority: 5 U.S.C. App. (Ethics in Government Act of 1978); Pub. L. 101–410, fees for supervision of official 104 Stat. 890, 28 U.S.C. 2461 note (Federal inspection and weighing services Civil Penalties Inflation Adjustment Act of performed by delegated States and/or 1990), as amended by Sec. 31001, Pub. L. designated agencies under the United 104–134, 110 Stat. 1321 (Debt Collection States Grain Standards Act (USGSA). Improvement Act of 1996) and Sec. 701, Pub. DATES: This document is effective L. 114–74 (Federal Civil Penalties Inflation beginning July 1, 2016, and remains in Adjustment Act Improvements Act of 2015); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., effect through June 30, 2017. p. 215, as modified by E.O. 12731, 55 FR FOR FURTHER INFORMATION CONTACT: 42547, 3 CFR, 1990 Comp., p. 306. Barry Gomoll by phone at 202–720– 8286 or by email at Barry.L.Gomoll@ ■ 7. Section 2636.104 is amended by revising paragraph (a) to read as follows: usda.gov. Persons with disabilities who require alternative means for communication (Braille, large print, § 2636.104 Civil, disciplinary and other action. audio tape, etc.) should contact the USDA Target Center at (202) 720–2600 (a) Civil action. Except when the (voice and TDD). employee engages in conduct in good faith reliance upon an advisory opinion SUPPLEMENTARY INFORMATION: The Agriculture Reauthorizations Act of issued under § 2636.103, an employee who engages in any conduct in violation 2015, Public Law 114–54, amended the USGSA (7 U.S.C. 71–87k) to require of the prohibitions, limitations and GIPSA to adjust fees for the supervision restrictions contained in this part may of official grain inspection and weighing be subject to civil action under 5 U.S.C. app. 504(a) and a civil monetary penalty in order to maintain an operating reserve of not less than 3 and not more of not more than the amounts set forth than 6 months (7 U.S.C. 79(j)(4)). below, as adjusted in accordance with GIPSA’s reorganization efforts over the inflation adjustment procedures prescribed in the Federal Civil Penalties the past 10 years have resulted in the centralization of supervision of Inflation Adjustment Act of 1990, as delegated states and designated amended, or the amount of the agencies. Due to this and other GIPSA compensation the individual received for the prohibited conduct, whichever is cost reduction measures, the operating reserve of GIPSA’s account for greater. supervision of official inspection and Date of violation or assessment Penalty weighing currently exceeds 6 months by a significant margin. Accordingly, Violation occurring before Sept. 29, GIPSA is issuing this document to 1999 ............................................ $10,000 announce the suspension of the fee for Violation occurring between Sept. supervision of official inspection and 29, 1999 and Nov. 2, 2015 ......... 11,000 weighing services of domestic grain and Violation occurring after Nov. 2, land carriers to Canada and Mexico 2015 and penalty assessed on or before Aug. 1, 2016 ................ 11,000 performed by delegated States and/or designated agencies. According to the Violation occurring after Nov. 2, regulations under the USGSA, GIPSA 2015 and penalty assessed after Aug. 1, 2016 ............................... 18,936 may suspend any provision of the regulations in emergencies or other * * * * * circumstances which would not impair [FR Doc. 2016–15193 Filed 6–27–16; 8:45 am] the objectives of the USGSA (7 CFR BILLING CODE 6345–03–P 800.2). GIPSA has determined that 6. The authority citation for part 2636 is revised to read as follows: ■ asabaliauskas on DSK3SPTVN1PROD with RULES Suspension of Supervision Fee Assessment Under the United States Grain Standards Act VerDate Sep<11>2014 16:05 Jun 27, 2016 Jkt 238001 SUMMARY: PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 suspending supervision fees will not impair the objectives of the USGSA because the operating reserve for supervision services is sufficient to maintain the service without additional funds. GIPSA will no longer assess the fee of $0.011 per metric ton of domestic shipments officially inspected and/or weighed, including land carrier shipments to Canada and Mexico, performed by delegated States and/or designated agencies on or after July 1, 2016 (7 CFR 800.71 Schedule B). These fees will remain suspended for one year, at which time GIPSA will reassess the operating reserve for supervision of official agency inspection and weighing. Official inspection agencies may no longer pass the suspended supervision fee on to their customers. Agencies which list GIPSA supervision fees as a line item on their fee schedules must eliminate the fee. Agencies which include supervision fees as a part of fees that they charge to their customers must either reduce fees by the amount of the suspended fee or provide justification and detailed cost information for retaining current fees. All agencies must submit revised fee schedules for GIPSA approval (7 CFR 800.70). Larry Mitchell, Administrator, Grain Inspection, Packers and Stockyards Administration. [FR Doc. 2016–15152 Filed 6–27–16; 8:45 am] BILLING CODE 3410–KD–P DEPARTMENT OF ENERGY 10 CFR Parts 207, 218, 429, 431, 490, 501, 601, 820, 824, 851, 1013, 1017, and 1050 RIN 1990–AA46 Inflation Adjustment of Civil Monetary Penalties Office of the General Counsel, U.S. Department of Energy. ACTION: Interim final rule. AGENCY: The Department of Energy (‘‘DOE’’) publishes this interim final rule to adjust DOE’s civil monetary penalties (‘‘CMPs’’) for inflation as mandated by the Federal Civil Penalties Inflation Adjustment Act of 1990, as further amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (collectively referred to herein as ‘‘the Act’’). This rule adjusts CMPs within the jurisdiction of DOE to the maximum amount required by the Act. SUMMARY: E:\FR\FM\28JNR1.SGM 28JNR1

Agencies

[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)]
[Rules and Regulations]
[Page 41790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15152]


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DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration

7 CFR Part 800


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

AGENCY: Grain Inspection Packers and Stockyards Administration, USDA.

ACTION: Notification of suspension of supervision fee assessment.

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

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

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

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

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