7 CFR 800.71 - Fees assessed by the Service.

§ 800.71 Fees assessed by the Service.

(a)Official inspection and weighing services. The fees shown in Schedule A of paragraph (a)(1) of this section apply to official inspection and weighing services performed by FGIS in the U.S. and Canada. The fees shown in Schedule B of paragraph (a)(2) of this section apply to official domestic inspection and weighing services performed by delegated States and designated agencies, including land carrier shipments to Canada and Mexico. The fees charged to delegated States by the Service are set forth in the State's Delegation of Authority document. Failure of a delegated State or designated agency to pay the appropriate fees to the Service within 30 days after becoming due will result in an automatic termination of the delegation or designation. The delegation or designation may be reinstated by the Service if fees that are due, plus interest and any further expenses incurred by the Service because of the termination, are paid within 60 days of the termination.

(1)Schedule A - Fees for official inspection and weighing services performed in the United States and Canada, effective October 1, 2015. Canada fees include the noncontract hourly rate, the Toledo Field Office tonnage fee, and the actual cost of travel.

Table 1 of Schedule A - Fees for Official Services Performed at an Applicant's Facility in an Onsite FGIS Laboratory 1

Monday to
Friday
(6 a.m. to
6 p.m.)
Monday to
Friday
(6 p.m. to
6 a.m.)
Saturday,
Sunday, and
overtime 2
Holidays
(i) Inspection and Weighing Services Hourly Rates (per service representative):
1-year contract ($ per hour) $38.20 $40.00 $45.80 $67.80
Noncontract ($ per hour) 67.80 67.80 67.80 67.80
(ii) Additional Tests (cost per test, assessed in addition to the hourly rate): 3
(A) Aflatoxin (rapid test kit method) 10.80
(B) Aflatoxin (rapid test kit method-applicant provides kit) 4 8.90
(C) All other Mycotoxins (rapid test kit method) 19.80
(D) All other Mycotoxins (rapid test kit method-applicant provides kit) 4 17.90
(E) NIR or NMR Analysis (protein, oil, starch, etc.) 2.60
(F) Waxy corn (per test) 2.60
(G) Fees for other tests not listed above will be based on the lowest noncontract hourly rate
(H) Other services
(1) Class Y Weighing (per carrier):
(i) Truck/container 0.70
(ii) Railcar 1.60
(iii) Barge 2.90
(iii) Tonnage Fee (assessed in addition to all other applicable fees, only one tonnage fee will be assessed when inspection and weighing services are performed on the same carrier):
(A) All outbound carriers serviced by the specific Field Office (per-metric ton):
(1) League City 0.182
(2) New Orleans 0.100
(3) Portland 0.145
(4) Toledo 0.291
(5) Delegated States 5 0.064
(6) Designated Agencies 5 0.064

1 Fees apply to original inspection and weighing, re-inspection, and appeal inspection service and include, but are not limited to, sampling, grading, weighing, prior to loading stowage examinations, and certifying results performed within 25 miles of an employee's assigned duty station. Travel and related expenses will be charged for service outside 25 miles as found in § 800.72(a).

2 Overtime rates will be assessed for all hours in excess of 8 consecutive hours that result from an applicant scheduling or requesting service beyond 8 hours, or if requests for additional shifts exceed existing staffing.

3 Appeal and re-inspection services will be assessed the same fee as the original inspection service.

4 Applicant must provide the test kit, instrument hardware, calibration control, and all supplies required by the test kit manufacturer.

5 Tonnage fee is assessed on export grain inspected and/or weighed, excluding land carrier shipments to Canada and Mexico.

Table 2 of Schedule A - Services Performed at Other Than an Applicant's Facility in an FGIS Laboratory 1 2

(i) Original Inspection and Weighing (Class X) Services:
(A) Sampling only (use hourly rates from Table 1 of this section):
(B) Stationary lots (sampling, grade/factor, & check loading):
(1) Truck/trailer/container (per carrier) $21.40
(2) Railcar (per carrier) 31.60
(3) Barge (per carrier) 198.60
(4) Sacked grain (per hour per service representative plus an administrative fee per hundredweight) (CWT) 0.08
(C) Lots sampled online during loading (sampling charge under (1)(i) of this table, plus):
(1) Truck/trailer container (per carrier) 12.80
(2) Railcar (per carrier) 26.70
(3) Barge (per carrier) 135.90
(4) Sacked grain (per hour per service representative plus an administrative fee per hundredweight) (CWT) 0.08
(D) Other services:
(1) Submitted sample (per sample - grade and factor) 12.80
(2) Warehouseman inspection (per sample) 22.40
(3) Factor only (per factor - maximum 2 factors) 6.30
(4) Check loading/condition examination (use hourly rates from Table 1 of this section, plus an administrative fee per hundredweight if not previously assessed) (CWT) 0.08
(5) Re-inspection (grade and factor only. Sampling service additional, item (1)(i) of this table) 13.90
(6) Class X Weighing (per hour per service representative) 67.80
(E) Additional tests (excludes sampling):
(1) Aflatoxin (rapid test kit method) 31.90
(2) Aflatoxin (rapid test kit method - applicant provides kit) 3 30.00
(3) All other Mycotoxins (rapid test kit method) 41.00
(4) All other Mycotoxins (rapid test kit method - applicant provides kit) 3 39.10
(5) NIR or NMR Analysis (protein, oil, starch, etc.) 10.80
(6) Waxy corn (per test) 10.80
(7) Canola (per test-00 dip test) 10.80
(8) Pesticide Residue Testing: 4
(i) Routine Compounds (per sample) 228.90
(ii) Special Compounds (Subject to availability) 122.00
(9) Fees for other tests not listed above will be based on the lowest noncontract hourly rate from Table 1 of this section
(ii) Appeal inspection and review of weighing service: 5
(A) Board Appeals and Appeals (grade and factor) 86.90
(1) Factor only (per factor - max 2 factors) 45.80
(2) Sampling service for Appeals additional (hourly rates from Table 1 of this section)
(B) Additional tests (assessed in addition to all other applicable tests):
(1) Aflatoxin (rapid test kit method) 31.90
(2) Aflatoxin (rapid test kit method - applicant provides kit) 3 29.80
(3) All other Mycotoxins (rapid test kit method) 50.00
(4) All other Mycotoxins (rapid test kit method - applicant provides kit) 3 48.10
(5) NIR or NMR Analysis (protein, oil, starch, etc.) 18.80
(6) Sunflower oil (per test) 18.80
(7) Mycotoxin (per test-HPLC) 149.40
(8) Pesticide Residue Testing: 4
(i) Routine Compounds (per sample) 228.90
(ii) Special Compounds (Subject to availability) 122.00
(9) Fees for other tests not listed above will be based on the lowest noncontract hourly rate from Table 1 of this section.
(C) Review of weighing (per hour per service representative) 87.70
(iii) Stowage examination (service-on-request): 4
(A) Ship (per stowage space) (minimum $271.00 per ship) 54.20
(B) Subsequent ship examinations (same as original) (minimum $162.60 per ship) 54.20
(C) Barge (per examination) 43.50
(D) All other carriers (per examination) 17.10

1 Fees apply to original inspection and weighing, re-inspection, and appeal inspection service and include, but are not limited to, sampling, grading, weighing, prior to loading stowage examinations, and certifying results performed within 25 miles of an employee's assigned duty station. Travel and related expenses will be charged for service outside 25 miles as found in § 800.72(a).

2 An additional charge will be assessed when the revenue from the services in Schedule A, Table 2, does not cover what would have been collected at the applicable hourly rate as provided in § 800.72(b).

3 Applicant must provide the test kit, instrument hardware, calibration control, and all supplies required by the test kit manufacturer.

4 If performed outside of normal business, 1½ times the applicable unit fee will be charged.

5 If, at the request of the Service, a file sample is located and forwarded by the Agency, the Agency may, upon request, be reimbursed at the rate of $3.50 per sample by the Service.

Table 3 of Schedule A - Miscellaneous Services 1

(i) Grain grading seminars (per hour per service representative) 2 $67.80.
(ii) Certification of diverter-type mechanical samplers (per hour per service representative) 2 67.80.
(iii) Special weighing services (per hour per service representative): 2
(A) Scale testing and certification 88.30.
(B) Scale testing and certification of railroad track scales 88.30.
(C) Evaluation of weighing and material handling systems 88.30.
(D) NTEP Prototype evaluation (other than Railroad Track Scales) 88.30.
(E) NTEP Prototype evaluation of Railroad Track Scale 88.30.
(F) Use of GIPSA railroad track scale test equipment per facility for each requested service. (Track scales tested under the Association of American Railroads agreement are exempt.) 529.40.
(G) Mass standards calibration and re-verification 88.30.
(H) Special projects 88.30.
(iv) Foreign travel (hourly fee) 3 88.30.
(v) Online customized data service:
(A) One data file per week for 1 year 529.40.
(B) One data file per month for 1 year 317.70.
(v) Samples provided to interested parties (per sample) 3.30.
(vi) Divided-lot certificates (per certificate) 2.10.
(vii) Extra copies of certificates (per certificate) 2.10.
(viii) Faxing (per page) 2.10.
(ix) Special mailing Actual Cost
(x) Preparing certificates onsite or during other than normal business hours (use hourly rates from Table 1)

1Any requested service that is not listed will be performed at $67.80 per hour.

2 Regular business hours - Monday through Friday - service provided at other than regular business hours will be charged at 11/2 times the applicable hourly rate. (See the definition of “business day” in § 800.0(b))

3 Foreign travel charged hourly fee of $88.30 plus travel, per diem, and related expenditures.

(2)Schedule B - Fees for FGIS Supervision of Official Inspection and Weighing Services Performed by Delegated States and/or Designated Agencies in the United States. The supervision fee charged by the Service is $0.011 per metric ton of domestic U.S. grain shipments inspected and/or weighed, including land carrier shipments to Canada and Mexico.

(b)Annual review of fees. For each calendar year, starting with 2017, the Service will review the fees in Schedule A in paragraph (a)(1) of this section and publish fees effective January 1 of each year according to the following:

(1)Tonnage fees. Tonnage fees will consist of the national tonnage fee and local tonnage fees and will be calculated and rounded to the nearest $0.001 per metric ton. All outbound grain officially inspected and/or weighed by the Field Offices in New Orleans, League City, Portland, and Toledo will be assessed the national tonnage fee plus the appropriate local tonnage fee. Export grain officially inspected and/or weighed by delegated States and official agencies, excluding land carrier shipments to Canada and Mexico, will be assessed the national tonnage fee only. The fees will be set according to the following:

(i)National tonnage fee. The national tonnage fee is the national program administrative costs for the previous fiscal year divided by the average yearly tons of export grain officially inspected and/or weighed by delegated States and designated agencies, excluding land carrier shipments to Canada and Mexico, and outbound grain officially inspected and/or weighed by the Service during the previous 5 fiscal years.

(ii)Local tonnage fee. The local tonnage fee is the Field Office administrative costs for the previous fiscal year divided by the average yearly tons of outbound grain officially inspected and/or weighed by the Field Office during the previous 5 fiscal years. The local tonnage fee is calculated individually for each Field Office.

(2)Operating reserve. In order to maintain an operating reserve not less than 3 and not more than 6 months, the Service will review the value of the operating reserve at the end of each fiscal year and adjust fees according to the following:

(i)Less than 4.5 months. If the operating reserve is less than 4.5 times the monthly operating expenses, the Service will increase all fees in Schedule A in paragraph (a)(1) of this section by 2 percent for each $1,000,000, rounded down, that the operating reserve is less than 4.5 times the monthly operating expense, with a maximum increase of 5 percent annually. Except for fees based on tonnage or hundredweight, all fees will be rounded to the nearest $0.10.

(ii)Greater than 4.5 months. If the operating reserve is greater than 4.5 times the monthly operating expenses, the Service will decrease all fees in Schedule A in paragraph (a)(1) of this section by 2 percent for each $1,000,000, rounded down, that the operating reserve is greater than 4.5 times the monthly operating expense, with a maximum decrease of 5 percent annually. Except for fees based on tonnage or hundredweight, all fees will be rounded to the nearest $0.10.

(c)Periodic review. The Service will periodically review and adjust all fees in Schedules A and B in paragraphs (a)(1) and (2) of this section, respectively, as necessary to ensure they reflect the true cost of providing and supervising official service. This process will incorporate any fee adjustments from paragraph (b) of this section.

(d)Miscellaneous fees for other services -

(1)Registration certificates and renewals.

(i) The nature of your business will determine the fees that your business must pay for registration certificates and renewals:

(A) If you operate a business that buys, handles, weighs, or transports grain for sale in foreign commerce, you must pay $135.00.

(B) If you operate a business that buys, handles, weighs, or transports grain for sale in foreign commerce and you are also in a control relationship (see definition in section 17A(b)(2) of the Act) with respect to a business that buys, handles, weighs, or transports grain for sale in interstate commerce, you must pay $270.00.

(ii) If you request extra copies of registration certificates, you must pay $2.20 for each copy.

(2)Designation amendments. If you submit an application to amend a designation, you must pay $75.00.

(3)Scale testing organizations. If you submit an application to operate as a scale testing organization, you must pay $250.00.

[ 81 FR 49860, July 29, 2016, as amended at 81 FR 96340, Dec. 30, 2016]

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