[Federal Register Volume 59, Number 39 (Monday, February 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4421]


[Federal Register: February 28, 1994]


                                                    VOL. 59, NO. 39

                                          Monday, February 28, 1994
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DEPARTMENT OF AGRICULTURE

Federal Grain Inspection Service

7 CFR Part 800


Fees for Official Pesticide Residue Testing

AGENCY: Federal Grain Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: The Federal Grain Inspection Service (FGIS) is proposing to 
establish a new testing service under the United States Grain Standards 
Act (USGSA) for pesticide residues in wheat. The new service will be 
provided, upon request, using gas chromatography/mass spectrometry. The 
cost of the testing will be recovered by fees charged to the applicant. 
Testing will be conducted at the USDA-FGIS Technical Center, Kansas 
City, Missouri.

DATES: Comments must be received on or before March 30, 1994.

ADDRESSES: Written comments must be submitted to George Wollam, USDA, 
FGIS, Room 0624 South Building, P.O. Box 96454, Washington, DC 20090-
6454; FAX (202) 720-4628.
    All comments received will be made available for public inspection 
in Room 0624 USDA South Building, 1400 Independence Avenue SW., 
Washington, DC, during regular business hours (7 CFR 1.27(b)).

FOR FURTHER INFORMATION CONTACT: George Wollam, address as above, 
telephone (202) 720-0292.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    The Department is issuing this rule in conformance with Executive 
Order 12866.

Executive Order 12778

    This proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. This action is not intended to have a retroactive 
effect. The United States Grain Standards Act provides in section 87g 
that no State or subdivision may require or impose any requirements or 
restrictions concerning the inspection, weighing, or description of 
grain under the USGSA. Otherwise, this proposed rule will not preempt 
any State or local laws, regulations, or policies unless they present 
irreconcilable conflict with this rule. There are no administrative 
procedures which must be exhausted prior to any judicial challenge to 
the provisions of this rule.

Regulatory Flexibility Act Certification

    David R. Galliart, Acting Administrator, FGIS, has determined that 
this proposed rule will not have a significant economic impact on a 
substantial number of small entities. Most users of the official 
inspection and weighing services and those persons who perform those 
services do not meet the requirements of small entities as defined in 
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

Information Collection Requirements

    In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C. 
chapter 35), the information collection requirements contained in part 
800 have been previously approved by OMB under control number 0580-
0013.

Background

    Since the early 1980s, FGIS has provided official service under the 
Agricultural Marketing Act (AMA) to test grain and processed grain 
products for the residue of three pesticides, carbon tetrachloride, 
methylbromide, and ethylene dibromide. This service has been available 
upon request from FGIS' Commodity Testing Laboratory in Beltsville, MD.
    FGIS is now proposing to expand its pesticide residue testing 
program to include testing wheat for 29 additional pesticides under the 
authority of the United States Grain Standards Act. The service will be 
performed on a request basis; it will not be required for either 
domestic or export shipments. All samples will be tested at the Kansas 
City Technical Center. A minimum of 500 grams of wheat will be required 
for testing. The residues (routine compounds) that will be certified 
are as follows: Aldrin, Azinphos-methyl, Alpha-BHC, Beta-BHC, Delta-
BHC, Carbofuran, Chlorpyrifos, Chlorothalonil, Chlorpyrifos Methyl, 
P.P'-DDD, P.P'-DDE, P.P'-DDT, Diclofop-methyl, Dieldrin, Dimethoate, 
Endosulfan, Endrin, Esfenvalerate, Fenitrothion, Fenthion, Folpet, 
Lindane, Malathion, Methidathion, Methoxychlor, Parathion, Parathion-
methyl, Pirimiphos-methyl, and Triallate. These compounds will be 
analyzed by gas chromatography/mass spectrometry.
    Laboratory analytical results will be provided to the applicant as 
soon as practicable. Generally the testing requires a minimum of 48 
hours.
    The proposed fees will be set forth in Sec. 800.71(a), Schedule A. 
The proposed fee is $200 for each sample tested during a regular 
workday and $300 for each sample tested during a non-regular workday. 
The proposed fees are intended to cover, as nearly as practicable, the 
FGIS operating cost including related supervisory and administrative 
costs. Testing for additional residues (special compounds) within FGIS 
capabilities may be requested at a proposed rate of $100 per hour 
during a regular workday and $150 per hour during a nonregular workday. 
The testing fee does not include charges for sampling. Sampling service 
fees, if required, will be assessed in accordance with the sampling 
rates in Sec. 800.71(a), Schedule A. Testing of other grains will be 
provided as a service at a later date.
    Major importers of U.S. wheat such as Japan, China, Mexico, and 
Korea have indicated a strong interest in having U.S. grain tested for 
the presence of specific pesticide residues. FGIS is proposing to offer 
certification of these specific pesticide residue levels for export and 
domestic wheat. The anticipated volume of requests for this service is 
500 samples per year or 10 per week. This represents a generated income 
of approximately $100,000 per year which will cover the costs of 
providing the service.

Proposed Action

    FGIS proposes to revise Sec. 800.71(a), Schedule A, to establish 
new fees for testing pesticide residues.

List of Subjects in 7 CFR Part 800

    Administrative practices and procedures, Grain.

    For reasons set out in the preamble, 7 CFR part 800 is proposed to 
be amended as follows:

PART 800--GENERAL PROVISIONS

    1. The authority citation for part 800 continues to read as 
follows:

    Authority: Pub. L. 94-582, 90 Stat. 2867, as amended, (7 U.S.C. 
71 et seq.).

    2. In Sec. 800.71(a), Schedule A, is revised to read as follows:
    (a) * * *

     Schedule A.--Fees for Official Inspection, Weighing, and Appeal    
         Inspection Services, Performed in the United States\1\         
------------------------------------------------------------------------
                                                    Regular             
                                                    workday   Nonregular
  Inspection & weighing service (bulk or sacked     (Monday     workday 
                     grain)                            to       (Sunday 
                                                   Saturday)      and   
                                                               Holiday) 
------------------------------------------------------------------------
(1) Original inspection and official weighing:\2\                       
    (i) Contract (per hour per service                                  
     representative).............................     $31.50     $43.10 
    (ii) Noncontract (per hour per service                              
     representative).............................      41.90      57.00 
(2) Reinspection, appeal inspection, Board appeal                       
 inspection, and review of weighing                                     
 services:\3\\4\                                                        
    (i) Grading service:                                                
        (A) Grade and factors (per sample).......      61.10      79.50 
        (B) Protein test (per sample)............      15.30      19.90 
        (C) Factor determination (per factor)....      30.60      39.75 
        (D) Vomitoxin Test (per test) Qualitative      35.00      44.00 
        Quantitative.............................      40.00      50.00 
    (ii) Sampling services (per hour per service                        
     representative).............................      61.10      79.50 
    (iii) Review of weighing service (per hour                          
     per service representative).................      61.10      79.50 
(3) Extra copies of certificates (per copy)......       3.00       3.00 
(4) Official track scale testing service.........      44.00      59.90 
(5) Pesticide Residue Testing:\5\                                       
    (A) Routine Compounds (per sample)...........     200.00     300.00 
    (B) Special Compounds (per hour per service                         
     representative).............................     100.00     150.00 
------------------------------------------------------------------------
\1\Official inspection and weighing services include, but are not       
  limited to: grading, weighing, sampling, stowage examination,         
  equipment testing, scale testing and certification, test weight       
  reverification, evaluation of inspection and weighing equipment,      
  demonstrating official inspection and weighing functions, furnishing  
  standard illustrations, and certifying inspection and weighing        
  results.                                                              
\2\For vomitoxin tests, a charge of $7.50 per qualitative test and a    
  charge of $12.00 per quantitative test will be assessed in addition to
  the applicable hourly rate for original inspection service.           
\3\Fees for reinspection and appeal inspection services performed at    
  locations where FGIS is providing original inspection service shall be
  assessed at the applicable contract or noncontract hourly rate as the 
  original inspection, except that for vomitoxin tests, a charge of     
  $7.50 per qualitative test and a charge of $12.00 per quantitative    
  test will be assessed in addition to the applicable hourly rate. If   
  additional personnel are required to perform the reinspection or      
  appeal inspection service, the applicant will be assessed the         
  noncontract original inspection hourly fee.                           
\4\If at the request of the Service a file sample is located and        
  forwarded by an agency for an official appeal, the agency may, upon   
  request, be reimbursed at the rate of $2.50 per sample by the Service.
\5\Testing fees are applicable to any level of service (original        
  inspection, reinspection, appeal inspection, or Board appeal          
  inspection) and do not include a sampling service fee which, if       
  applicable will be assessed separately in accordance with the fees in 
  this schedule.                                                        

* * * * *
    Dated: January 31, 1994.
David R. Galliart,
Acting Administrator.
[FR Doc. 94-4421 Filed 2-25-94; 8:45 am]
BILLING CODE 3410-EN-M