[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 ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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