Name Change and Amendment of References To Reflect Establishment of the Grain Inspection, Packers and Stockyards Administration

[Federal Register Volume 60, Number 20 (Tuesday, January 31, 1995)]

[Rules and Regulations]

[Pages 5835-5836]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 95-2219]

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Rules and Regulations

Federal Register

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Federal Register / Vol. 60, No. 20 / Tuesday, January 31, 1995 /

Rules and Regulations

[[Page 5835]]

DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration

7 CFR Parts 68 and 800 and Chapter VIII\1\

Name Change and Amendment of References To Reflect Establishment

of the Grain Inspection, Packers and Stockyards Administration

ACTION: Final rule.

\1\The authority to exercise the functions of the Secretary of

Agriculture contained in the Agricultural Marketing Act of 1946, as

amended (7 U.S.C. 1621-1627), concerning inspection and

standardization activities related to grain and similar commodities

and products thereof has been delegated to the Administrator, Grain

Inspection, Packers and Stockyards Administration (7 U.S.C. 75a; 7

CFR 68.5).

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SUMMARY: This rule amends 7 CFR parts 68 and 800 and chapter VIII to

reflect the abolishment of the Federal Grain Inspection Service (FGIS)

as an agency of the Department of Agriculture and the transfer of its

program authority to a newly created agency, the Grain Inspection,

Packers and Stockyards Administration (GIPSA).

EFFECTIVE DATE: January 31, 1995.

FOR FURTHER INFORMATION CONTACT:

George Wollam, GIPSA-FGIS, USDA, Room 0623 South Building, P.O. Box

96454, Washington, DC, 20090-6454; FAX (202) 720-4628; telephone (202)

720-0292.

SUPPLEMENTARY INFORMATION: Pursuant to Pub. L. 103-354, the Federal

Crop Insurance Reform and Department of Agriculture Reorganization Act

of 1994, the Secretary of Agriculture issued Secretary's Memorandum

1010-1 (SM 1010-1), Reorganization of the Department of Agriculture on

October 20, 1994. SM 1010-1 orders the abolition of the Federal Grain

Inspection Service and the establishment of the Grain Inspection,

Packers and Stockyards Administration, which assumes the function

previously performed by FGIS. This rule amends 7 CFR parts 68 and 800

and the heading of chapter VIII to bring Agency regulations into

alignment with the Departmental reorganization.

This rule relates to internal Agency management. Therefore,

pursuant to 5 U.S.C. 553, notice of proposed rulemaking and opportunity

for comment are not required, and this rule may be made effective less

than 30 days after publication in the Federal Register. Further, since

this rule relates to internal agency management, it is exempt from the

provisions of Executive Order Nos. 12778 and 12868. Finally, this

action is not a rule as defined by the Regulatory Flexibility Act. Pub.

L. No. 96-354, and, thus, is exempt from the provisions of that Act.

List of Subjects in 7 CFR Parts 68 and 800

Administrative practice and procedures, Grain inspection, and

Agricultural commodities.

For reasons set forth in the preamble and background, 7 CFR

chapters I and VIII are amended as follows:

CHAPTER I--[AMENDED]

PART 68--REGULATIONS AND STANDARDS FOR INSPECTION AND CERTIFICATION

OF CERTAIN AGRICULTURAL COMMODITIES AND THEIR PRODUCTS

1. The authority citation for Part 68 continues to read as follows:

Authority: Secs. 202-208, 60 Stat. 1087, as amended (7 U.S.C.

1621 et seq.).

2. Section 68.1 is amended by revising paragraphs (b)(2) and

(b)(43) to read as follows:

Sec. 68.1 Meaning of terms.

* * * * *

(b) * * *

(2) Administrator. The Administrator of the Grain Inspection,

Packers and Stockyards Administration or any person to whom the

Administrator's authority has been delegated.

* * * * *

(43) Service. The Federal Grain Inspection Service of the Grain

Inspection, Packers and Stockyards Administration of the United States

Department of Agriculture.

* * * * *

CHAPTER VIII--GRAIN INSPECTION, PACKERS AND STOCKYARD ADMINISTRATION

(FEDERAL GRAIN INSPECTION SERVICE), DEPARTMENT OF AGRICULTURE

1. The heading of the 7 CFR chapter VIII is revised to read as set

forth above.

PART 800--GENERAL REGULATIONS

2. 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.)

3. Section 800.0 is amended by revising paragraphs (b)(3) and

(b)(91) to read as follows:

Sec. 800.0 Meaning of terms.

* * * * *

(b) * * *

(3) Administrator. The Administrator of the Grain Inspection,

Packers and Stockyards Administration or any person to whom authority

has been delegated.

* * * * *

(91) Service. The Federal Grain Inspection Service of the Grain

Inspection, Packers and Stockyards Administration of the United States

Department of Agriculture.

* * * * *

Sec. 800.0 [Amended]

4. Section 800.0 is further amended by removing footnote 1.

5. Section 800.2 is revised to read as follows:

Sec. 800.2 Administrator.

The Administrator is delegated, from the Secretary, responsibility

for administration of the United States Grain Standards Act and

responsibilities under the Agricultural Marketing Act of 1946 (7 U.S.C.

1621 et seq.). The Administrator is responsible for the establishment

of policies, guidelines, and regulations by which the Service is to

carry out the provisions of the Act and the Agricultural Marketing Act

of 1946. The regulations promulgated under the Agricultural Marketing

Act of 1946 appear at part 68 of this title (7 CFR part 68). The

Administrator is authorized by the Secretary to take any action

required by law or considered to be necessary and proper to the

discharge of the functions and services under the Act. The

Administrator may delegate authority to the Deputy Administrator and

other appropriate officers and [[Page 5836]] employees. The

Administrator may, in emergencies or other circumstances which would

not impair the objectives of the Act, suspend for period determined by

the Administrator any provision of the regulations or official grain

standards. The Administrator may authorize research; experimentation;

and testing of new procedures, equipment, and handling techniques to

improve the inspection and weighing of grain. The Administrator may

waive the official inspection and official weighing requirements

pursuant to Section 5 of the Act.

6. Section 800.7 is revised to read as follows:

Sec. 800.7 Information about the Service, Act, and regulations.

Information about the Grain Inspection, Packers and Stockyards

Administration, Service, Act, regulations, official standards, official

criteria, rules of practice, instructions, and other matters related to

the official inspection or Class X or Class Y weighing of grain may be

obtained by telephoning or writing the U.S. Department of Agriculture,

Grain Inspection, Packers and Stockyards Administration, P.O. Box

96454, Washington, D.C. 20090-6454, or any field office or agency of

the Service.

7. In Sec. 800.8 paragraphs (b), (d), and (e) are revised to read

as follows:

Sec. 800.8 Public information.

* * * * *

(b) Public inspection and copying. Materials maintained by the

Service, including those described in 7 CFR 1.5, will be made

available, upon a request which has not been denied, for public

inspection and copying at the U.S. Department of Agriculture, Grain

Inspection, Packers and Stockyards Administration, at 14th Street and

Independence Avenue, SW., Washington, D.C. 20250. The public may

request access to these materials during regular working hours, 8:00

a.m. to 4:30 p.m., est, Monday through Friday except for holidays.

* * * * *

(d) Requests for records. Requests for records under 5 U.S.C.

552(a)(3) shall be made in accordance with 7 CFR 1.6 and shall be

addressed as follows: Office of the Administrator, Grain Inspection,

Packers and Stockyards Administration; FOIA Request, U.S. Department of

Agriculture, P.O. Box 96454, Washington, D.C. 20090-6454.

* * * * *

(c) Appeals. Any person whose request under paragraph (d) of this

section, is denied shall have the right to appeal such denial in

accordance with 7 CFR 1.13. Appeals shall be addressed to the

Administrator, Grain Inspection, Packers and Stockyards Administration,

FOIA Appeal, P.O. Box 96454, Washington, D.C. 20090-6454.

Dated: January 24, 1995.

James R. Baker,

Administrator.

[FR Doc. 95-2219 Filed 1-30-95; 8:45 am]

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