Removal of Specific Fee Reference, 66583-66585 [2018-27787]
Download as PDF
Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Rules and Regulations
the request 110 days before the
proceeding is scheduled to begin.
(ii) Failure to timely submit a request
for a final agency determination or FCIC
interpretation may result in:
(A) FCIC issuing a determination that
no interpretation could be made because
the request was not timely submitted;
and
(B) Nullification of any agreement or
award in accordance with § 400.766 if
no final agency determination or FCIC
interpretation can be provided.
(iii) Notwithstanding paragraph (b) of
this section, if during the mediation,
arbitration, or litigation proceeding, an
issue arises that requires a final agency
determination or FCIC interpretation the
mediator, arbitrator, judge, or magistrate
must promptly request a final agency
determination or FCIC interpretation in
accordance with § 400.767(a).
(4) FCIC at its sole discretion may
authorize personnel to provide an oral
or written final agency determination or
FCIC interpretation, as appropriate; and
(5) Any decision or settlement
resulting from such mediation,
arbitration, or litigation proceeding
before FCIC provides its final agency
determination or FCIC interpretation
can be nullified in accordance with
§ 400.766.
(c) If multiple parties are involved
and have opposing interpretations, a
joint request for a final agency
determination or FCIC interpretation
including both requestor interpretations
in one request is encouraged. If multiple
insured persons are parties to the
dispute, and the request for a final
agency determination or FCIC
interpretation applies to all parties, one
request may be submitted for all insured
persons instead of separate requests for
each person. In this case, the
information required in this section
must be provided for each person.
khammond on DSK30JT082PROD with RULES
§ 400.768
FCIC obligations.
(a) FCIC will not provide a final
agency determination or FCIC
interpretation for any request regarding,
or that contains, specific factual
information to situations or cases, such
as acts or failures to act of any
participant under the terms of a policy,
procedure, or any reinsurance
agreement.
(1) FCIC will not consider specific
factual information to situations or cases
in any final agency determination or
FCIC interpretation.
(2) FCIC will not consider any
examples or hypotheticals provided in
your interpretation because those are
fact-specific and could be construed as
a finding of fact by FCIC. If an example
or hypothetical is required to illustrate
VerDate Sep<11>2014
16:19 Dec 26, 2018
Jkt 247001
an interpretation, FCIC will provide the
example in the interpretation.
(b) If, in the sole judgment of FCIC,
the request is unclear, ambiguous, or
incomplete, FCIC will not provide a
final agency determination or FCIC
interpretation, but will notify you
within 30 days of the date of receipt by
FCIC that the request is unclear,
ambiguous, or incomplete.
(c) If FCIC notifies you that a request
is unclear, ambiguous or incomplete
under paragraph (b) of this section, the
90-day time period for FCIC to provide
a response is stopped on the date FCIC
notifies you. On the date FCIC receives
a clear, complete, and unambiguous
request, FCIC has the balance of the
days remaining in the 90-day time
period to provide a response to you. For
example, FCIC receives a request for a
final agency determination on January
10. On February 10, FCIC notifies you
the request is unclear. On March 10,
FCIC receives a clarified request that
meets all requirements for FCIC to
provide a final agency determination.
FCIC has sixty days from March 10, the
balance of the 90-day time period, to
provide a response.
(d) FCIC reserves the right to modify
the request if FCIC determines that a
request for a final agency determination
is really a request for a FCIC
interpretation or vice versa.
(e) FCIC will provide you a written
final agency determination or a FCIC
interpretation within 90 days of the date
of receipt for a request that meets all
requirements in § 400.767.
(f) If FCIC does not provide a response
within 90 days of receipt of a request,
you may assume your interpretation is
correct for the applicable crop year.
However, your interpretation shall not
be considered generally applicable and
shall not be binding on any other
program participants. Additionally, in
the case of a joint request for a final
agency determination or a FCIC
interpretation, if FCIC does not provide
a response within 90 days, neither party
may assume their interpretations are
correct.
(g) FCIC will publish all final agency
determinations as specially numbered
documents on the RMA website because
they are generally applicable to all
program participants.
(h) FCIC will not publish any FCIC
interpretation because it is only
applicable to the parties in the dispute.
You are responsible for providing copies
of the FCIC interpretation to all other
parties.
(i) When issuing a final agency
determination or a FCIC interpretation,
FCIC will not evaluate the insured,
insurance provider, agent, or loss
PO 00000
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Fmt 4700
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66583
adjuster as it relates to their
performance of following FCIC policy
provisions or procedures.
Interpretations will not include any
analysis of whether the insured,
insurance provider, agent, or loss
adjuster was in compliance with the
policy provision or procedure in
question.
Martin R. Barbre,
Manager, Federal Crop Insurance
Corporation.
[FR Doc. 2018–27858 Filed 12–26–18; 8:45 am]
BILLING CODE 3410–08–P
DEPARTMENT OF AGRICULTURE
7 CFR Part 800
[Doc. No. AMS–FGIS–18–0063]
Removal of Specific Fee Reference
Agricultural Marketing Service,
USDA.
ACTION: Direct final rule.
AGENCY:
The United States Grain
Standards Act (USGSA) provides the
Secretary with the authority to charge
and collect reasonable fees to cover the
costs of performing official services and
the costs associated with managing the
program. The USDA, on behalf of the
Agricultural Marketing Service (AMS),
is eliminating the published table of fees
in the Code of Federal Regulations
(CFR). Notice of changes to Schedule A
Fees will be published in the Federal
Register and AMS will make the fee
schedule available on the Agency’s
public website.
DATES: This rule is effective February
11, 2019, unless we receive written
adverse comments or written notices of
intent to submit adverse comments on
or before January 28, 2019. If we receive
such comments or notices, we will
publish a timely document in the
Federal Register withdrawing the direct
final rule.
ADDRESSES: Submit comments by any of
the following methods:
• Postal Mail: Please send your
comment addressed to Kendra Kline,
AMS, USDA, 1400 Independence
Avenue SW, Room 2043–S, Washington,
DC 20250–3614.
• Hand Delivery or Courier: Kendra
Kline, AMS, USDA, 1400 Independence
Avenue SW, Room 2043–S, Washington,
DC 20250–3614.
• internet: Go to https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
FOR FURTHER INFORMATION CONTACT:
Denise Ruggles, FGIS Executive Program
Analyst, USDA AMS; Telephone: (816)
SUMMARY:
E:\FR\FM\27DER1.SGM
27DER1
66584
Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Rules and Regulations
659–8406; Email: Denise.M.Ruggles@
ams.usda.gov.
The
USDA, on behalf of AMS, is removing
the fee tables from the CFR. AMS
calculates the tonnage fees according to
the regulatory formula in § 800.71(b)(1).
In 2015 Congress required Grain
Inspection, Packers and Stockyards
Administration (GIPSA) to adopt a
method of calculation of export tonnage
fees based upon ‘‘the rolling 5-year
average of export tonnage volumes.’’
And, ‘‘[i]n order to maintain an
operating reserve of not less than 3 and
not more than 6 months, the Secretary
shall adjust the fees described . . . not
less frequently than annually.’’ Since
2016, the Federal Grain Inspection
Service (FGIS)—currently a division of
AMS—conducts a ministerial review of
the amount of funds in the operating
reserve at the end of the fiscal year to
ensure that it has 41⁄2 months of
operating expenses as required by
§ 800.71(b)(2) of the regulations. If the
operating reserve has more or less than
41⁄2 months of operating expenses, then
FGIS must adjust all its fees. For each
$1,000,000, rounded down, that the
operating reserve varies from the target
of 41⁄2 months, FGIS adjusts all those
fees by 2 percent. FGIS reduces the fees
if the operating reserve exceeds the
target and it increases the fees if the
operating reserve does not meet target.
The maximum annual increase or
decrease in fees is 5 percent (7 CFR
800.71(b)(2)(i)–(ii)).
However, when creating the formula
for fees FGIS administers, FGIS did not
remove the published table of fees in the
CFR. Under the prior fee publication
and adjustment scheme, the agency
allowed notice and comment on the fee
table because it established the fees, and
the fee table provided the ultimate
public notice of the fees themselves.
Since the change to 7 CFR 800.71,
FGIS no longer establishes fees through
publication of the table in the CFR. The
current method uses the regulatory
formula in § 800.71(b)(1). Comment on
the publication of the table in the
Federal Register, therefore, does not
have any impact on the statutorily
mandated formula which is the basis of
all the fees in the table. For this reason,
annual publication of changes to the
CFR of the fee table is unnecessary,
because the adjustment of fees in 7 CFR
800.71 occurs by formula.
Also, the publication of the table in
the Federal Register has provided the
public with annual notice of the fees.
While the publication of the table does
provide this important function, FGIS
believes there are less expensive but no
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SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
16:19 Dec 26, 2018
Jkt 247001
less effective methods to provide public
notice of the formula’s required changes
to the fees themselves. Annual
publication changes to the table in the
CFR unnecessarily increases the cost of
administering the fees, and is
inconsistent with administration
priorities to be prudent and financially
responsible in the expenditure of funds.
Accordingly, this table is being
eliminated from the CFR. AMS will
provide public notice of the change in
fees through its publication of a notice
in the Federal Register and posting the
fees on its public website by January 1
of each year (7 CFR 800.71(b)(a)(1)). The
agency expect that this method of notice
of the ultimate fees is a noncontroversial change in the manner that
the agency publishes notice of the fees
and therefore the agency does not
expect adverse comment.
GIPSA/AMS Merger
GIPSA formerly fell within the
mission area overseen by the Under
Secretary for Marketing and Regulatory
Programs (MRP), along with AMS. The
Under Secretary for MRP’s authority
over GIPSA is further demonstrated by
the published delegations of authority
in part 2 of title 7 of the CFR. In 7 CFR
2.22(a)(3), the Secretary of Agriculture
delegated to the Under Secretary for
MRP authorities ‘‘related to grain
inspection, packers and stockyards.’’ In
7 CFR 2.81, the Under Secretary for
MRP further delegated these authorities
to the Administrator of GIPSA.
In a November 14, 2017 Secretary’s
Memorandum, the Secretary directed
that the authorities at 7 CFR 2.81 be redelegated to the Administrator of AMS,
and that the delegations to the
Administrator of GIPSA be revoked.
These changes did not affect the existing
delegations to the Under Secretary of
MRP related to grain inspection, packers
and stockyards at 7 CFR 2.22(a)(3).
Executive Orders 12866 and 13563
The Office of Management and Budget
(OMB) has reviewed this regulatory
action in accordance with the
provisions of Executive Order 12866,
Regulatory Planning and Review, and
has determined that it does not meet the
criteria for significant regulatory action.
Additionally, because this rule does not
meet the definition of a significant
regulatory action, it does not trigger the
requirements contained in Executive
Order 13771. See OMB’s Memorandum
titled ‘‘Guidance Implementing
Executive Order 13771, Titled
‘Reducing Regulation and Controlling
Regulatory Costs’ ’’ (April 5, 2017).
PO 00000
Frm 00028
Fmt 4700
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Direct Final Rule
No adverse comments are anticipated
on the changes in this rule. Adverse
comments suggest that the rule should
not be adopted or that a change should
be made to the rule. Unless an adverse
comment is received within 30 days
from the date of publication, this rule
will be effective 45 days from the date
of publication. If FGIS receives one or
more written adverse comments within
30 days from the date of publication, a
document withdrawing the direct final
rule prior to its effective date will be
published in the Federal Register
stating that adverse comments were
received.
Regulatory Flexibility Act
Since grain export volume can vary
significantly from year to year,
estimating the impact in any future fee
changes can be difficult. AMS
recognizes the need to provide
predictability to the industry for
inspection and weighing fees. AMS
collects fees for performing official
inspection and weighing services
adequately cover the cost of providing
those services. While not required by
the Reauthorization Act, this
rulemaking limits the impact of a large
annual change in fees by setting an
annual cap of 5 percent for increases or
decreases in inspection and weighing
fees. The statutory requirement to
maintain an operating reserve between 3
and 6 months of operating expenses
ensures that AMS can adequately cover
its costs without imposing an undue
burden on its customers.
Currently, AMS regularly reviews its
user-fee financed programs and adjusts
the user-fees according to the equations
stated in 7 CFR 800.71(b)(2)(ii). The
regulations (7 CFR 800.71(a)(1)) also
require AMS to publish the adjusted
fees by January 1 of each year. These
regulations remain unchanged in this
rulemaking. AMS will continue to seek
out cost saving measures and implement
appropriate changes to reduce its costs
to provide alternatives to fee increases.
This rulemaking is unlikely to have
an annual effect of $100 million or more
or adversely affect the economy. Also,
under the requirements set forth in the
Regulatory Flexibility Act (RFA) (5
U.S.C. 601–12), AMS has considered the
economic impact of this rulemaking on
small entities. The purpose of the
Regulatory Flexibility Act is to fit
regulatory actions to the scale of
businesses subject to such actions. This
ensures that small businesses will not
be unduly or disproportionately
burdened. This rulemaking is being
issued to ensure that the annual fee
E:\FR\FM\27DER1.SGM
27DER1
khammond on DSK30JT082PROD with RULES
Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Rules and Regulations
adjustments are published by January
1st and are not hindered by the
rulemaking process. AMS will annually
publish a Notice in the Federal Register
on the fee adjustment and publish all
fees on the public website.
The Small Business Administration
(SBA) defines small businesses by their
North American Industry Classification
System Codes (NAICS). This rulemaking
affects customers of AMS’s official
inspection and weighing services in the
domestic and export grain markets
(NAICS code 115114).
Under the USGSA, all grain exported
from the United States must be officially
inspected and weighed. AMS provides
mandatory inspection and weighing
services at 43 export facilities in the
United States and 7 facilities for U.S.
grain transshipped through Canadian
ports. Five delegated State agencies
provide mandatory inspection and
weighing services at 13 facilities. All of
these facilities are owned by multinational corporations, large
cooperatives, or public entities that do
not meet the requirements for small
entities established by the SBA. Further,
the provisions of this rulemaking apply
equally to all entities. The USGSA
requires the registration of all persons
engaged in the business of buying grain
for sale in foreign commerce. In
addition, those persons who handle,
weigh, or transport grain for sale in
foreign commerce must also register.
The regulations found at 7 CFR 800.30
define a foreign commerce grain
business as persons who regularly
engage in buying for sale, handling,
weighing, or transporting grain totaling
15,000 metric tons or more during the
preceding or current calendar year.
Currently, there are 97 businesses
registered to export grain, most of which
are not small businesses.
Most users of the official inspection
and weighing services do not meet the
SBA requirements for small entities.
Further, AMS is required by statute to
make services available to all applicants
and to recover the costs of providing
such services as nearly as practicable,
while maintaining a 3 to 6 month
operating reserve. There are no
additional reporting, record keeping, or
other compliance requirements imposed
upon small entities as a result of this
rulemaking. AMS has not identified any
other federal rules which may duplicate,
overlap, or conflict with this
rulemaking. Because this rulemaking
does not have a significant economic
impact on a substantial number of small
entities, an initial regulatory flexibility
analysis is not provided.
VerDate Sep<11>2014
16:19 Dec 26, 2018
Jkt 247001
Paperwork Reduction Act
This final rule imposes no new
reporting or recordkeeping requirements
necessitating clearance by OMB.
List of Subjects in 7 CFR Part 800
Administrative practice and
procedure, Exports, Grains, Reporting
and recordkeeping requirements.
For the reasons set out in the
preamble, FGIS amends 7 CFR part 800
as follows:
PART 800—GENERAL REGULATIONS
1. The authority citation for part 800
continues to read as follows:
■
Authority: 7 U.S.C. 71–87k.
2. Section 800.71(a)(1) is revised to
read as follows:
■
§ 800.71
Fees assessed by the Service.
(a) * * *
(1) Schedule A—Fees for official
inspection and weighing services
performed in the United States and
Canada. For each calendar year, FGIS
will calculate Schedule A fees as
defined in paragraph (b) of this section.
FGIS will publish a notice in the
Federal Register and post Schedule A
fees on the Agency’s public website.
*
*
*
*
*
Dated: December 18, 2018.
Greg Ibach,
Under Secretary, Marketing and Regulatory
Programs.
[FR Doc. 2018–27787 Filed 12–26–18; 8:45 am]
BILLING CODE 3410–02–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[NRC–2018–0265]
RIN 3150–AK20
List of Approved Spent Fuel Storage
Casks: TN Americas LLC Standardized
Advanced NUHOMS® System,
Certificate of Compliance No. 1029,
Amendment No. 4
Nuclear Regulatory
Commission.
ACTION: Direct final rule.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is amending its
spent fuel storage regulations by
revising the TN Americas LLC
Standardized Advanced NUHOMS®
Horizontal Modular Storage System
(NUHOMS® System) listing within the
‘‘List of approved spent fuel storage
casks’’ to include Amendment No. 4 to
SUMMARY:
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
66585
Certificate of Compliance No. 1029.
Amendment No. 4 revises the certificate
of compliance’s technical specifications
to: clarify the applicability of unloading
procedures and training modules
relative to spent fuel pool availability;
credit the use of the installed
temperature monitoring system
specified in lieu of performing daily
visual vent inspections; establish dose
rates on the front inlet bird screen and
the door of the concrete storage module
for the Advanced Horizontal Storage
Module; modify the criteria for
performing Advanced Horizontal
Storage Module air vent visual
inspections; identify the blocked vent
time limitations for each of the 24PT1
and 24PT4 dry shielded canisters; and
provide a new temperature rise value for
the Advanced Horizontal Storage
Module with a loaded 24PT4 dry
shielded canister.
DATES: This direct final rule is effective
March 12, 2019, unless significant
adverse comments are received by
January 28, 2019. If this direct final rule
is withdrawn as a result of such
comments, timely notice of the
withdrawal will be published in the
Federal Register. Comments received
after this date will be considered if it is
practical to do so, but the NRC is able
to ensure consideration only for
comments received on or before this
date. Comments received on this direct
final rule will also be considered to be
comments on a companion proposed
rule published in the Proposed Rules
section of this issue of the Federal
Register.
ADDRESSES: You may submit comments
by any of the following methods:
• Federal Rulemaking website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2018–0265. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions contact the
individuals listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• Email comments to:
Rulemaking.Comments@nrc.gov. If you
do not receive an automatic email reply
confirming receipt, then contact us at
301–415–1677.
• Fax comments to: Secretary, U.S.
Nuclear Regulatory Commission at 301–
415–1101.
• Mail comments to: Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, ATTN:
Rulemakings and Adjudications Staff.
• Hand deliver comments to: 11555
Rockville Pike, Rockville, Maryland
20852, between 7:30 a.m. and 4:15 p.m.
E:\FR\FM\27DER1.SGM
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Agencies
[Federal Register Volume 83, Number 247 (Thursday, December 27, 2018)]
[Rules and Regulations]
[Pages 66583-66585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27787]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
7 CFR Part 800
[Doc. No. AMS-FGIS-18-0063]
Removal of Specific Fee Reference
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The United States Grain Standards Act (USGSA) provides the
Secretary with the authority to charge and collect reasonable fees to
cover the costs of performing official services and the costs
associated with managing the program. The USDA, on behalf of the
Agricultural Marketing Service (AMS), is eliminating the published
table of fees in the Code of Federal Regulations (CFR). Notice of
changes to Schedule A Fees will be published in the Federal Register
and AMS will make the fee schedule available on the Agency's public
website.
DATES: This rule is effective February 11, 2019, unless we receive
written adverse comments or written notices of intent to submit adverse
comments on or before January 28, 2019. If we receive such comments or
notices, we will publish a timely document in the Federal Register
withdrawing the direct final rule.
ADDRESSES: Submit comments by any of the following methods:
Postal Mail: Please send your comment addressed to Kendra
Kline, AMS, USDA, 1400 Independence Avenue SW, Room 2043-S, Washington,
DC 20250-3614.
Hand Delivery or Courier: Kendra Kline, AMS, USDA, 1400
Independence Avenue SW, Room 2043-S, Washington, DC 20250-3614.
internet: Go to https://www.regulations.gov. Follow the on-
line instructions for submitting comments.
FOR FURTHER INFORMATION CONTACT: Denise Ruggles, FGIS Executive Program
Analyst, USDA AMS; Telephone: (816)
[[Page 66584]]
659-8406; Email: Denise.M.Ruggles@ams.usda.gov.
SUPPLEMENTARY INFORMATION: The USDA, on behalf of AMS, is removing the
fee tables from the CFR. AMS calculates the tonnage fees according to
the regulatory formula in Sec. 800.71(b)(1). In 2015 Congress required
Grain Inspection, Packers and Stockyards Administration (GIPSA) to
adopt a method of calculation of export tonnage fees based upon ``the
rolling 5-year average of export tonnage volumes.'' And, ``[i]n order
to maintain an operating reserve of not less than 3 and not more than 6
months, the Secretary shall adjust the fees described . . . not less
frequently than annually.'' Since 2016, the Federal Grain Inspection
Service (FGIS)--currently a division of AMS--conducts a ministerial
review of the amount of funds in the operating reserve at the end of
the fiscal year to ensure that it has 4\1/2\ months of operating
expenses as required by Sec. 800.71(b)(2) of the regulations. If the
operating reserve has more or less than 4\1/2\ months of operating
expenses, then FGIS must adjust all its fees. For each $1,000,000,
rounded down, that the operating reserve varies from the target of 4\1/
2\ months, FGIS adjusts all those fees by 2 percent. FGIS reduces the
fees if the operating reserve exceeds the target and it increases the
fees if the operating reserve does not meet target. The maximum annual
increase or decrease in fees is 5 percent (7 CFR 800.71(b)(2)(i)-(ii)).
However, when creating the formula for fees FGIS administers, FGIS
did not remove the published table of fees in the CFR. Under the prior
fee publication and adjustment scheme, the agency allowed notice and
comment on the fee table because it established the fees, and the fee
table provided the ultimate public notice of the fees themselves.
Since the change to 7 CFR 800.71, FGIS no longer establishes fees
through publication of the table in the CFR. The current method uses
the regulatory formula in Sec. 800.71(b)(1). Comment on the
publication of the table in the Federal Register, therefore, does not
have any impact on the statutorily mandated formula which is the basis
of all the fees in the table. For this reason, annual publication of
changes to the CFR of the fee table is unnecessary, because the
adjustment of fees in 7 CFR 800.71 occurs by formula.
Also, the publication of the table in the Federal Register has
provided the public with annual notice of the fees. While the
publication of the table does provide this important function, FGIS
believes there are less expensive but no less effective methods to
provide public notice of the formula's required changes to the fees
themselves. Annual publication changes to the table in the CFR
unnecessarily increases the cost of administering the fees, and is
inconsistent with administration priorities to be prudent and
financially responsible in the expenditure of funds.
Accordingly, this table is being eliminated from the CFR. AMS will
provide public notice of the change in fees through its publication of
a notice in the Federal Register and posting the fees on its public
website by January 1 of each year (7 CFR 800.71(b)(a)(1)). The agency
expect that this method of notice of the ultimate fees is a non-
controversial change in the manner that the agency publishes notice of
the fees and therefore the agency does not expect adverse comment.
GIPSA/AMS Merger
GIPSA formerly fell within the mission area overseen by the Under
Secretary for Marketing and Regulatory Programs (MRP), along with AMS.
The Under Secretary for MRP's authority over GIPSA is further
demonstrated by the published delegations of authority in part 2 of
title 7 of the CFR. In 7 CFR 2.22(a)(3), the Secretary of Agriculture
delegated to the Under Secretary for MRP authorities ``related to grain
inspection, packers and stockyards.'' In 7 CFR 2.81, the Under
Secretary for MRP further delegated these authorities to the
Administrator of GIPSA.
In a November 14, 2017 Secretary's Memorandum, the Secretary
directed that the authorities at 7 CFR 2.81 be re-delegated to the
Administrator of AMS, and that the delegations to the Administrator of
GIPSA be revoked. These changes did not affect the existing delegations
to the Under Secretary of MRP related to grain inspection, packers and
stockyards at 7 CFR 2.22(a)(3).
Executive Orders 12866 and 13563
The Office of Management and Budget (OMB) has reviewed this
regulatory action in accordance with the provisions of Executive Order
12866, Regulatory Planning and Review, and has determined that it does
not meet the criteria for significant regulatory action. Additionally,
because this rule does not meet the definition of a significant
regulatory action, it does not trigger the requirements contained in
Executive Order 13771. See OMB's Memorandum titled ``Guidance
Implementing Executive Order 13771, Titled `Reducing Regulation and
Controlling Regulatory Costs' '' (April 5, 2017).
Direct Final Rule
No adverse comments are anticipated on the changes in this rule.
Adverse comments suggest that the rule should not be adopted or that a
change should be made to the rule. Unless an adverse comment is
received within 30 days from the date of publication, this rule will be
effective 45 days from the date of publication. If FGIS receives one or
more written adverse comments within 30 days from the date of
publication, a document withdrawing the direct final rule prior to its
effective date will be published in the Federal Register stating that
adverse comments were received.
Regulatory Flexibility Act
Since grain export volume can vary significantly from year to year,
estimating the impact in any future fee changes can be difficult. AMS
recognizes the need to provide predictability to the industry for
inspection and weighing fees. AMS collects fees for performing official
inspection and weighing services adequately cover the cost of providing
those services. While not required by the Reauthorization Act, this
rulemaking limits the impact of a large annual change in fees by
setting an annual cap of 5 percent for increases or decreases in
inspection and weighing fees. The statutory requirement to maintain an
operating reserve between 3 and 6 months of operating expenses ensures
that AMS can adequately cover its costs without imposing an undue
burden on its customers.
Currently, AMS regularly reviews its user-fee financed programs and
adjusts the user-fees according to the equations stated in 7 CFR
800.71(b)(2)(ii). The regulations (7 CFR 800.71(a)(1)) also require AMS
to publish the adjusted fees by January 1 of each year. These
regulations remain unchanged in this rulemaking. AMS will continue to
seek out cost saving measures and implement appropriate changes to
reduce its costs to provide alternatives to fee increases.
This rulemaking is unlikely to have an annual effect of $100
million or more or adversely affect the economy. Also, under the
requirements set forth in the Regulatory Flexibility Act (RFA) (5
U.S.C. 601-12), AMS has considered the economic impact of this
rulemaking on small entities. The purpose of the Regulatory Flexibility
Act is to fit regulatory actions to the scale of businesses subject to
such actions. This ensures that small businesses will not be unduly or
disproportionately burdened. This rulemaking is being issued to ensure
that the annual fee
[[Page 66585]]
adjustments are published by January 1st and are not hindered by the
rulemaking process. AMS will annually publish a Notice in the Federal
Register on the fee adjustment and publish all fees on the public
website.
The Small Business Administration (SBA) defines small businesses by
their North American Industry Classification System Codes (NAICS). This
rulemaking affects customers of AMS's official inspection and weighing
services in the domestic and export grain markets (NAICS code 115114).
Under the USGSA, all grain exported from the United States must be
officially inspected and weighed. AMS provides mandatory inspection and
weighing services at 43 export facilities in the United States and 7
facilities for U.S. grain transshipped through Canadian ports. Five
delegated State agencies provide mandatory inspection and weighing
services at 13 facilities. All of these facilities are owned by multi-
national corporations, large cooperatives, or public entities that do
not meet the requirements for small entities established by the SBA.
Further, the provisions of this rulemaking apply equally to all
entities. The USGSA requires the registration of all persons engaged in
the business of buying grain for sale in foreign commerce. In addition,
those persons who handle, weigh, or transport grain for sale in foreign
commerce must also register. The regulations found at 7 CFR 800.30
define a foreign commerce grain business as persons who regularly
engage in buying for sale, handling, weighing, or transporting grain
totaling 15,000 metric tons or more during the preceding or current
calendar year. Currently, there are 97 businesses registered to export
grain, most of which are not small businesses.
Most users of the official inspection and weighing services do not
meet the SBA requirements for small entities. Further, AMS is required
by statute to make services available to all applicants and to recover
the costs of providing such services as nearly as practicable, while
maintaining a 3 to 6 month operating reserve. There are no additional
reporting, record keeping, or other compliance requirements imposed
upon small entities as a result of this rulemaking. AMS has not
identified any other federal rules which may duplicate, overlap, or
conflict with this rulemaking. Because this rulemaking does not have a
significant economic impact on a substantial number of small entities,
an initial regulatory flexibility analysis is not provided.
Paperwork Reduction Act
This final rule imposes no new reporting or recordkeeping
requirements necessitating clearance by OMB.
List of Subjects in 7 CFR Part 800
Administrative practice and procedure, Exports, Grains, Reporting
and recordkeeping requirements.
For the reasons set out in the preamble, FGIS amends 7 CFR part 800
as follows:
PART 800--GENERAL REGULATIONS
0
1. The authority citation for part 800 continues to read as follows:
Authority: 7 U.S.C. 71-87k.
0
2. Section 800.71(a)(1) is revised to read as follows:
Sec. 800.71 Fees assessed by the Service.
(a) * * *
(1) Schedule A--Fees for official inspection and weighing services
performed in the United States and Canada. For each calendar year, FGIS
will calculate Schedule A fees as defined in paragraph (b) of this
section. FGIS will publish a notice in the Federal Register and post
Schedule A fees on the Agency's public website.
* * * * *
Dated: December 18, 2018.
Greg Ibach,
Under Secretary, Marketing and Regulatory Programs.
[FR Doc. 2018-27787 Filed 12-26-18; 8:45 am]
BILLING CODE 3410-02-P