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Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Rules and Regulations unlikely to have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.

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Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act RFA 5
U.S.C. 601602, AMS has considered the economic impact of this action on small entities. The purpose of the RFA
is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened.
This rule sets fees for three different FGIS functions: 1 Fees for FGIS
Supervision, 2 fees for registration certificates and renewals for exporters of grain, and 3 fees for amending the designation of official agencies.
AMS has determined that this rule does not have a significant economic impact on a substantial number of small entities because most applicants grain industry that apply for these official services and are subjected to AMS
supervision fees do not meet the requirements for small entities. This rule will affect entities engaged in shipping grain to and from points within the United States and exporting grain from the United States to Canada and Mexico. There are approximately 9,500 off-farm storage facilities in the United States that could receive grain services from delegated States or designated agencies. AMS estimates 25
percent of these users would be considered small businesses based on criteria established by the Small Business Administration 13 CFR
121.201 SBA. SBA uses the North American Industry Classification System NAICS to categorize various industry businesses. SBA defines small grain retailers and warehouse and storage facilities, NAICS codes 424510
and 493130, respectively, as those whose annual receipts do not exceed $30,000,000 or who have no more than 200 employees, respectively.
With respect to fees for supervision, these fees are a minor amount compared to the total value of grain shipments.
Carrier types shipped by small entities are submitted samples and trucks with a standardized weight of 23.95 metric tons and railcars with a standardized weight of 99.79 metric tons. Supervision fees assessed on these carriers at the current published rate are $0.26 per truck 2020 corn market-year value of $2,700 and $1.10 per railcar 2020 corn market-year value of $12,600.

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The registration certificate and renewal fee applies to persons engaged in the business of buying grain for sale in foreign commerce and in the business of handling, weighing, or transporting grain for sale in foreign commerce.
Under provisions of the USGSA, grain exported from the United States must be officially inspected and weighed.
Mandatory inspection and weighing services were provided by AMS and official agencies on a fee basis for 97
registered exporters in CY 2020. Eightythree of the registered entities are owned and managed by multi-national corporations, large cooperatives, or public entities that do not meet the criteria for small entities established by the SBA. In 2020, approximately fourteen small exporters registered with FGIS. As explained, with the registration fees for 2021 calculated to be $315, FGIS believes the change in registration fees would have a minor effect on the small number of small business that register with FGIS.
Finally, the designation amendment fee applies to an official agency requesting a modification to its designation within the five-year designation period. AMS has 42
designated States and agencies, and 13
of these designated agencies meet the criteria for small entities established by the SBA. As explained earlier, the designation amendment fee for 2021 is calculated to be $540. FGIS believes the revised designation amendment fee would have a minor impact on small businesses, since it typically receives no more than two modification requests per year.
The adoption of standardized AMS
user-fee rate calculations for 2021 and beyond would benefit all inspection applicants, regardless of size, as fees would more closely reflect the current cost of inspections, and the fee calculation process would be more transparent. Through its annual review, AMS would be able to monitor the financial status of the grain supervision program to determine whether further adjustments are necessary.
AMS has determined this rule would not have a significant economic impact on a substantial number of entities as defined under the RFA because fewer than half of the applicants for grain inspection services meet the definition of small entities.
Finally, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule.
Paperwork Reduction Act and EGovernment Act In compliance with the Paperwork Reduction Act of 1995 44 U.S.C.

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Chapter 35, the information collection and record keeping requirements for the program providing supervision of official agencies have previously been approved by OMB under control number 05800013. No additional reporting, record keeping, or other compliance requirements will be imposed as a result of this rule.
AMS is committed to complying with the E-Government Act 44 U.S.C. 3601
et seq., to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes.
List of Subjects in 7 CFR Part 800
Administrative practice and procedure, Grain.
For reasons set forth in the preamble, AMS amends 7 CFR part 800 as follows:
PART 800GENERAL REGULATIONS
1. The authority citation for part 800
continues to read as follows:

Authority: 7 U.S.C. 7187k.

2. Amend 800.71 by:
a. Revising paragraph a2;
b. Revising paragraph b introductory text;
c. Revising the first sentence in paragraph b1;
d. Redesignating paragraph b2 as paragraph b3;
e. Adding new paragraph b2; and f. Revising paragraph d.
The revisions and addition read as follows:

800.71

Fees assessed by the Service.

a
2 Schedule BFees for Supervision of Official Inspection and Weighing Services Performed by Delegated States and Designated Agencies in the United States. The Service will assess a supervision fee per metric ton of domestic U.S. grain shipments inspected or weighed, or both, including land carrier shipments to Canada and Mexico. For each calendar year, the Service will calculate Schedule B fees as defined in paragraph b of this section.
The Service will publish a notice in the Federal Register and post Schedule B
fees on the Agencys public website.
b Annual review of fees. For each calendar year, starting with 2021, the Service will review fees included in this section and publish fees each year according to the following:
1 Tonnage fees. Tonnage fees in Schedule A in paragraph a1 of this section will consist of the national tonnage fee and local tonnage fees and
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