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