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Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Rules and Regulations
The supervision tonnage fee for calendar year 2021 is $0.004 per ton.
The calculation, based on FY 2020
supervision costs of $1,807,633, is $1,807,633 plus the operating reserve adjustment of $821,925, which equals $985,670. Divide this adjustment rate by the 5-year average tonnage of 232,398,847, to derive $0.004 per ton.
Fiscal year 2016
2017
2018
2019
2020
5-year Rolling Average

Metric tons 238,996,932
244,355,906
234,298,085
206,693,881
237,649,430
232,398,847

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In addition to implementing a new formula for calculating supervision tonnage fees, this final rule also revises:
Section 801.71a2Schedule B
to remove the currently specified fee and to provide that annual supervision fees will be as published on the AMS
website.
The introductory text of 801.71bAnnual review of feesto convey that weighing and inspection fees, as well as supervision fees, will be recalculated annually.
Section 801.71b1to clarify that tonnage fees calculated in that section pertain only to FGIS inspection and weighing Schedule A fees.
Section 801.71bby redesignating paragraph b2 as paragraph b3 and adding a new paragraph b2 that outlines supervision fee calculations, as described earlier.
Miscellaneous Fees for Other Services In addition to the above changes related to supervision fees, AMS is implementing the following changes to other fee requirements in 801.71d.
This final rule removes the introductory text of 801.71d1i Registration certificates and renewals, and consolidates paragraphs d1iA
and B of that section, which currently provide flat fees for registering business operations that buy, handle, weigh, or transport grain for sale in foreign commerce or for such businesses that are also in a control relationship with respect to a business that buys, handles, weighs, or transports grain for sale in interstate commerce. Currently, the registration fee for the former is $135, and the registration fee for the latter is $270. This final rule combines the two charges into one. AMS will calculate the export registration fee using the following formula and adjust the fees annually, as necessary.
Registration certificates and renewals.
FGIS will multiply the 800.71a Table 1 of Schedule A noncontract hourly rate
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by a quantity of five. The fee covers FGIS personnel costs to review applications, fee publication expenses, and administrative expenses. The Schedule A non-contract hourly rate is currently $63. Thus, the consolidated certificate registration and application fee for 2021 will be $63 multiplied by a quantity of 5, or $315. AMS will publish the annual rate in the Federal Register and on the AMS website.
This final rule removes 800.71d1ii, which provides charges for providing extra copies of registration certificates, as certificates are now provided electronically for printing by the applicant.
This final rule revises 800.71d2
to remove the provision of a flat fee for applications to amend an official agency designation. FGIS will instead calculate the rate using the following formula, and the rate will be adjusted annually and published on the AMS website.
Designation amendments. FGIS will calculate the rate using the Federal Register publication rate for three columns, plus one hour of noncontract hourly rate from 800.71a Table 1 of Schedule A. The fee covers FGIS
personnel costs, administrative expenses, and Federal Register publication costs.
The current rate is $75 per application; AMS calculates the fee will be $540 for calendar year 2021 using current publication fees. AMS typically receives only one or two requests each year, so the overall cost to official agencies is not expected to be significant. AMS will review the cost to process and publish designation amendments and adjust the fees annually, as necessary.
Finally, this final rule removes 800.71d3, which provides a flat application fee for operating a scale testing organization. FGIS hasnt approved such an organization in the past 5 years. States that operate as scale testing organizations, in addition to FGIS, provide service in areas that are not in reasonably close proximity to FGIS duty stations. Scale operators pay far less in travel costs by obtaining services provided by their local State scale testing organizations on behalf of FGIS. Additionally, this increases FGIS
efficiency by reducing staff travel and allowing staff to be deployment to other mission duties.
Executive Orders 12866 and 13563
Executive Orders 12866Regulatory Planning and Review, and 13563
Improving Regulation and Regulatory Review, direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is
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necessary, to select regulatory approaches that maximize net benefits including potential economic, environmental, public health and safety effects, distributive impacts, and equity. Executive Order 13563
emphasizes the importance of quantifying both costs and benefits of reducing costs, harmonizing rules, and promoting flexibility. This rule does not meet the criteria of a significant regulatory action under Executive Order 12866 as supplemented by Executive Order 13563. Therefore, the Office of Management and Budget OMB has not reviewed this rule under those orders.
AMS considered several alternatives to changes made by this rule, including reinstating the current fee or applying a standardized formula using one year of supervision tonnage versus the five-year supervision tonnage average.
Ultimately, AMS determined that the proposed approach of recalculating the fee each year using a standard formula based on a five-year supervision tonnage average would provide savings to the industry when the operating reserve balance exceeds FGISs goal and would limit large fee increases following years where supervision tonnage volumes are significantly less. AMS expects changes made by this rule to benefit the grain industry by adjusting supervision fees as needed annually to reflect actual expenses related to grain inspections supervision and maintaining appropriate operating reserve balances.
AMS does not expect the rule to provide any environmental, public health, or safety benefits. AMS has not identified any costs related to this action.
Executive Order 12988
This rule has been reviewed under Executive Order 12988Civil Justice Reform. This rule is not intended to have retroactive effect. The USGSA
provides in Sec. 87g that no State or subdivision thereof may require or impose any requirements or restrictions concerning the inspection, weighing, or description of grain under the Act. This rule does not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. No administrative proceedings would be required before parties could file suit in court challenging provisions of this rule.
Executive Order 13175
This rule has been reviewed under E.O. 13175Consultation and Coordination with Indian Tribal Governments, which requires agencies to consider whether their rulemaking actions would have tribal implications.
AMS has determined that this rule is
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