Fees for Official Inspection and Official Weighing Services

SUMMARY: The Federal Grain Inspection Service (FGIS), of the Grain

Inspection, Packers and Stockyards Administration (GIPSA), is proposing

a change in the way it collects user fees for official inspection and

weighing services performed in the United States under the United

States Grain Standards Act (USGSA), as amended. Currently, FGIS

assesses fees on an hourly basis. The proposed fee structure

establishes fees for specific services using hourly rates and/or unit

fees. This structure will provide customers with information to better

assess the cost of specific services and allow FGIS to pass savings (in

the form of fewer billable hours) to customers who invest in

operational efficiencies. The proposed fee structure does include a 4

percent increase to recover salary increases.

DATE: Comments must be received on or before January 29, 1996.

ADDRESSES: Written comments must be submitted to George Wollam, USDA,

GIPSA, Room 0623 South Building, P.O. Box 96454, Washington, DC 20090-

6454, or FAX them to (202) 720-4628.

All comments received will be made available for public inspection

during regular business hours in Room 0623, South Building, USDA, 1400

Independence Avenue, SW, Washington, DC 20090-6454 (7 CFR 1.27 (b)).

FOR FURTHER INFORMATION CONTACT: George Wollam, at above address or

telephone (202) 720-0292.

SUPPLEMENTARY INFORMATION:

Executive Order 12866 and Regulatory Flexibility Act

This rule has been determined to be significant for the purposes of

Executive Order 12866 and therefore has been reviewed by the Office of

Management and Budget.

The proposed change in the way user fees are collected will provide

customers with information to better assess the costs of specific

inspection services because the fees will be more service specific than

under the current hourly rate. Further, it will allow savings to be

passed on to users of the service who invest in operational

efficiencies. Currently, applicants choose only those services they

want, but individual service costs are supported by the hourly rate

without segregation. Fiscal year 1993 financial and volume data were

used in developing the proposed fee structure. While certain fees are

increased and new fees are established, the revenue generated using the

fiscal year 1993 data is equivalent to the $23,192,178 collected that

year.

The proposed fee structure does include a 4 percent increase to

recover salary increases since 1993 and would have generated sufficient

revenue to cover costs for fiscal year 1994 and the anticipated costs

for fiscal year 1995. For information, fiscal year 1994 revenues were

$20,662,062 with obligations of $21,415,400. For the first half of

fiscal year 1995, revenues were $11,691,695 with obligations of

$12,027,624. Obligations include buy out costs, along with costs

associated with office consolidations.

Presently, users of the inspection service are charged on an hourly

basis. This hourly rate includes the salary and benefits for each

service representative providing the service as well as a portion of

overhead and program support costs. The overall cost of a wide variety

of services, e.g., grading, weighing, wheat protein measurement,

soybean protein and oil measurement, and aflatoxin detection, are

averaged together and recovered through an hourly service rate. Under

the proposed system, customers will be charged a lower base hourly rate

plus a unit fee to cover the cost of the specific service they request

such as wheat protein. Overhead and program support costs will be

recovered through a per-metric-ton volume fee assessed on all grain

loaded from a facility.

This rule may have an economic impact on infrequent users of the

service. FGIS incurs difficulty balancing costs and revenue in some

locations where customers desire local FGIS service capability but use

the service infrequently. The proposed fee schedule is designed to

shift the cost of non-revenue producing time to those users responsible

for incurring it. Consequently, infrequent users of the service may

find the net effect of the proposed hourly fees and per-metric- ton

administrative fee increases their total per-metric-ton cost for

inspection service. Conversely, highly efficient and/or high-volume

users of the service may realize a decrease in their per-metric- ton

cost for inspection service, due to the reduced contract hourly rate,

and the use of an administrative fee to cover overhead and program

support expenses. Additional information provided in an impact

assessment will be provided upon request.

James R. Baker, Administrator, GIPSA, has determined that this

proposed action will not have a significant economic impact on a

substantial number of small entities.

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 USGSA provides in Sec. 87g that no subdivision may require

or impose any requirements or restrictions concerning the inspection,

weighing, or description of grain under the Act. 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 provisions of this rule.

Regulatory Flexibility Act Certification

James R. Baker, Administrator, GIPSA, has determined that this

proposed rule will not have a significant economic impact on a

substantial number of small entities as defined in the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.) because most users of the

official inspection and weighing services do not meet the requirements

for small entities. FGIS is required by

[[Page 61500]]

statute to make services available and to recover costs of providing

such services as nearly as practicable.

Information Collection and Recordkeeping Requirements

The requirement to collect information included in this notice of

proposed rulemaking has been submitted to the Office of Management and

Budget for review in accordance with the Paperwork Reduction Act (44

U.S.C. 3504(h)). The additional requirement results from FGIS providing

an opportunity for the service customers to pay the proposed

administrative costs in 12 equal payments. Comments on the collection

of information should be sent to the Office of Management and Budget,

Attn.: Desk Officer for the Department of Agriculture, Office of

Information and Regulatory Affairs, Washington, DC 20224.

The additional collection of information is required by FGIS to

provide the necessary information to collect and assess fees. FGIS,

under the USGSA, is required to recover the cost of providing

inspection and weighing services through the assessment of fees on the

requestor of the services. The respondents are users of FGIS inspection

and weighing services.

The estimated annual increase in reporting burden is 14.4 hours.

The estimated annual burden per respondent is .43 hours.

The estimated number of respondents is 12.

The estimated annual frequency of responses is 4 times per year.

Background

The USGSA requires FGIS to charge and collect reasonable fees for

performing official inspection and weighing services. The fees are to

cover, as nearly as practicable, FGIS's costs for performing these

services, including related administrative and supervisory costs.

The current USGSA fees became effective on May 20, 1991 (56 FR

15803). They appear in 7 CFR 800.71, Schedule A, Fees for Official

Inspection, Weighing, and Appeal Inspection Services Performed in the

United States. FGIS currently provides service on an hourly basis with

provisions for contract and noncontract rates. Hourly fees provide cost

recovery for all direct and indirect costs.

Over the years, technology has expanded the variety of testing

services available at local service points and has reduced the number

of service representatives required to provide service, especially

export inspection and weighing service. These changes have enabled FGIS

to provide improved and expanded services while maintaining a

relatively constant cost to the grain industry when viewed as a cost

per-metric-ton of grain exported. However, this trend toward increased

services and fewer billable hours due to advances in technology makes

it increasingly difficult to recover costs using an hourly rate basis.

The intent of the proposed change in the manner of fee collection

is (1) to permit customers to realize more directly the costs of

services requested and (2) to compensate FGIS for the imbalance between

costs and revenue created due to technology, enabling a reduction in

FGIS' direct costs and the corresponding billable hours at a greater

rate than the reduction of indirect costs.

Proposed Action

FGIS proposes to: 1. Withdraw the Interim Final Rule: Fees for

Official Inspection and Weighing Service published January 8, 1993 (58

FR 3213) and placed on indefinite hold pending review of need on

January 23, 1993 (58 FR 5255).

2. Revise Sec. 800.71, Schedule A--Fees for Official Inspection,

Weighing, and Appeal Inspection Services Performed in the United

States. Instead of one schedule covering all services, three tables are

being proposed. The proposed tables are: Table 1, ``Fees for Official

Services Performed at an Applicant's Facility in an Onsite FGIS

Laboratory;'' Table 2, ``Services Performed at Other Than an

Applicant's Facility in an FGIS Laboratory;'' and Table 3,

``Miscellaneous Services.''

Schedule A, Table 1. This table covers all services performed

onsite at an applicant's facility and continues the existing provision

for using contract and noncontract hourly rates. The hourly rates were

calculated to include only those costs directly related to labor and do

not include overhead. The current 1 year contract will be retained, but

provisions have been included for 3- and 6-month contracts. FGIS will

evaluate the use of 3- and 6-month contracts after 1 year to determine

if they shall be continued. The rate differences between 1-year, 6-

month, and 3-month contracts reflect the predicted costs associated

with increased staff production under a contract.

1. Hourly Rates. The proposed new hourly rates will be divided into

four categories related to how FGIS employees are paid: regular time (6

a.m. to 6 p.m.), 10 percent night differential (6 p.m. to 6 a.m.),

overtime at 1-1/2 the regular hourly rate (for applicant-caused or

requested overtime), and holiday rates at double the regular hourly

rate (all hourly rates other than those of regular time are calculated

using only the average base hourly rate, this does not include

personnel benefits).

2. Additional Tests. Additional unit fees are being proposed for

certain tests such as Aflatoxin, Vomitoxin, Soybean protein and/or oil,

Sunflower oil, Wheat protein, Waxy corn, and Class Y weighing. These

fees will recover additional costs incurred such as testing materials,

equipment, and hazardous waste disposal which are not recovered through

the hourly fee or administrative fee.

3. Administrative Fee. A per metric ton administrative charge is

being proposed to recover the indirect costs of FGIS field offices and

headquarters such as the salaries and benefits for office management

and support staff, and rent. This charge will be assessed on all

outbound grain inspected and/or weighed at an applicant's facility. Six

levels of fees are being proposed ranging from 1 metric ton or less to

over 7,000,001 metric tons with fees decreasing as the number of metric

tons inspected increases. The charge will be assessed in addition to

the base hourly rate. At the beginning of each fiscal year (October 1),

all applicants will pay the same per-metric-ton fee. Once a level has

been reached, the fee for additional metric tons will be reduced until

the maximum volume level is reached. Inspections performed on grain

that cannot be captured as part of the metric ton charge will have a

unit fee assessed in addition to the hourly rate to recover overhead

costs. Inspections such as submitted samples, factor only and sacked

grain are included.

Schedule A, Table 2, covers fees for inspection and weighing

services where FGIS does not have an onsite laboratory at an

applicant's facility. The fees proposed in this table are a mixture of

hourly rates and unit fees. They cover a vast array of specific

services presently provided under the current hourly rates. The hourly

rates applied in Table 2 will be the appropriate rates from Table 1

unless specific hourly rates are identified. Unit fees cover the time

required to perform the service plus a portion for overhead. The types

of service provided under these fees include: inspection for grade and

factor for specific carriers probe sampled or sampled online,

additional services and testing (i.e., individual tests), Board appeals

and appeals, weighing (Class X and Y), and stowage examinations.

Schedule A, Table 3, provides fees to cover a variety of services

not included in the previous tables. As with Table 2,

[[Page 61501]]

the proposed change in the fee structure from an hourly fee that

recovers all costs to a service-specific fee structure requires a

listing of specific services currently funded by the hourly rate. These

service-specific fees will be a mixture of hourly rates and unit fees

and will apply to: Grain Grading Seminars, Certification of Diverter

Samplers, Special Weighing Services: Scale Testing and Certification,

Evaluation of Weighing and Material Handling Systems, National Type

Evaluation Program (NTEP) Prototype Evaluation, NTEP Prototype

Evaluation of Railroad Track Scales, Mass Standards Calibration and

Reverification, Special Projects, Foreign Travel, On Line Customized

Data Export Grain Information System (EGIS) Service, Samples Provided

to Interested Parties, Divided-Lot Certificates, Extra Copies of

Certificates, Faxing, Special Mailing, and Preparing Certificates

Onsite.

Further, FGIS is proposing to establish a unit fee to recover

expenses incurred when FGIS employees are requested to provide

consulting services outside the United States. Currently, there is no

fee for recovering costs of salary, travel, per diem, and related costs

which is not related to an official service provided on a shipment of

grain at the time of export from the United States. For example, an

exporter may ask for an FGIS microbiologist to consult with

microbiologists in an importing country to resolve a dispute on the

presence of grain fungi; or a USDA cooperator may request an FGIS

inspector to conduct training for inspectors in an importing country.

FGIS is also proposing corresponding changes to Secs. 800.72 and

800.73 of the regulations to further clarify the application of fees

covered in Schedule A. Specifically, service provided under Schedule A

will cover service provided within 25 miles of the employee's assigned

duty point. Travel, per diem, and other related costs will be assessed

for providing service beyond the 25-mile limit. A minimum fee will be

established for services identified in Table 2 performed outside of

normal business hours Monday through Friday.

List of Subjects in 7 CFR Part 800

Administrative practice and procedure, Grain.

For the reasons set out in the preamble, 7 CFR part 800 is proposed

to be amended as follows:

PART 800--GENERAL REGULATIONS

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. Section 800.71 is revised to read as follows:

Sec. 800.71 Fees assessed by the Service.

Schedule A--Fees for Official Inspection and Weighing Services

Performed in the United States

Table 1

Fees for Official Services Performed at an Applicant's Facility in an

Onsite FGIS Laboratory \1\

(1) Inspection and Weighing Services

Hourly Rates

[Per Service Representative]

----------------------------------------------------------------------------------------------------------------

Monday to Monday to

Friday (6 Friday (6 Saturday,

a.m to 6 p.m. to 6 Sunday, and Holidays

p.m.) a.m.) overtime

--------------------------------------------------------------------------------------------\2\-----------------

1-year contract............................................. $23.00 $24.80 $32.40 $39.00

6-month contract............................................ 25.00 26.80 34.40 43.60

3-month contract............................................ 28.00 29.80 37.40 46.60

Noncontract................................................. 33.00 35.00 42.80 52.60

----------------------------------------------------------------------------------------------------------------

(2) Additional Tests (cost per test, assessed in addition

to the hourly rate) \3\

(i) Aflatoxin (other than Thin Layer Chromatography).. $8.50

(ii) Aflatoxin (Thin Layer Chromatography method)..... 20.00

(iii) Soybean protein and oil (one or both)........... 1.50

(iv) Wheat protein (per test)......................... 1.50

(v) Sunflower oil (per test).......................... 1.50

(vi) Vomitoxin (qualitative).......................... 7.50

(vii) Vomitoxin (quantitative)........................ 12.50

(viii) Waxy corn (per test)........................... 1.50

(ix) Fees for other tests not listed above will be

based on the lowest noncontract hourly rate.

(x) Other services

(a) Class Y Weighing (per carrier)

(1) Truck/container........................... .30

(2) Railcar................................... 1.25

(3) Barge..................................... 2.50

(3) Administrative Fee (assessed in addition to all other

applicable fees, only one administrative fee will be

assessed when inspection and weighing services are

performed on the same carrier)

(i) All outbound carriers (per-metric-ton) \4\

(a) 1--1,000,000.................................. 0.090

(b) 1,000,001--1,500,000.......................... 0.082

(c) 1,500,001--2,000,000.......................... 0.042

(d) 2,000,001--5,000,000.......................... 0.032

(e) 5,000,001--7,000,000.......................... 0.017

(f) 7,000,001--................................... 0.002

[[Page 61502]]

(ii) Additional services (assessed in addition to all

other fees) \3\

(a) Submitted sample (per sample--grade and

factor).......................................... 1.50

(b) Submitted sample--Factor only (per factor).... 0.70

\1\ Fees apply for original inspection and weighing, reinspection, and

appeal inspection service 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 Sec. 800.72 (1).

\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 reinspection services will be assessed the same fee as

the original inspection service.

\4\ The administrative fee is assessed on an accumulated basis beginning

at the start of the Service's fiscal year (October 1 each year).

Table 2

Services Performed at Other Than an Applicant's Facility in an FGIS

Laboratory\1\ \2\

(1) Original Inspection and Weighing (Class X) Services

(i) Sampling only (use hourly rates from Table 1)

(ii) Stationary lots (sampling, grade/factor, &

checkloading)

(a) Truck/trailer/container (per carrier)........ $17.60

(b) Railcar (per carrier)........................ 27.00

(c) Barge (per carrier).......................... 173.60

(d) Sacked grain (per hour per service

representative plus an administrative fee per

hundred weight)................................. 0.02 CWT

(iii) Lots sampled online during loading (sampling

charge under (i) above plus):

(a) Truck/trailer container (per carrier)........ 9.40

(b) Railcar (per carrier)........................ 18.80

(c) Barge (per carrier).......................... 107.60

(d) Sacked grain (per hour per service

representative plus an administrative fee per

hundred weight)................................. 0.02 CWT

(iv) Other services

(a) Submitted sample (per sample--grade and

factor)......................................... 10.00

(b) Warehouseman inspection (per sample)......... 17.00

(c) Factor only (per factor--maximum 2 factors).. 4.10

(d) Checkloading/condition examination (use

hourly rates from Table 1, plus an

administrative fee per hundred weight if not

previously assessed)............................ 0.02 CWT

(e) Reinspection (grade and factor only. Sampling

service additional, item (i) above)............. 11.00

(f) Class X Weighing (per hour per service

representative)................................. 43.60

(v) Additional tests (excludes sampling)

(a) Aflatoxin (per test--other than TLC method).. 25.00

(b) Aflatoxin (per test--TLC method)............. 100.50

(c) Soybean protein and oil (one or both)........ 7.80

(d) Wheat protein (per test)..................... 7.80

(e) Sunflower oil (per test)..................... 7.80

(f) Vomitoxin (qualitative)...................... 25.00

(g) Vomitoxin (quantitative)..................... 30.00

(h) Waxy corn (per test)......................... 9.00

(i) Canola (per test--00 dip test)............... 9.00

(j) Pesticide Residue Testing \3\................

(1) Routine Compounds (per sample)........... 200.00

(2) Special Compounds (per service

representative)............................. 100.00

(k) Fees for other tests not listed above will be

based on the lowest noncontract hourly rate from

Table 1

(2) Appeal inspection and review of weighing service.\4\

(i) Board Appeals and Appeals (grade and factor)..... 74.60

(a) Factor only (per factor--max 2 factors)...... 38.00

(b) Sampling service for Appeals additional

(hourly rates from Table 1)

(ii) Additional tests (assessed in addition to all

other applicable fees)

(a) Aflatoxin (per test, other than TLC)......... 25.00

(b) Aflatoxin (TLC).............................. 110.00

(c) Soybean protein and oil (one or both)........ 15.30

(d) Wheat protein (per test)..................... 15.30

(e) Sunflower oil (per test)..................... 15.30

(f) Vomitoxin (per test--qualitative)............ 35.00

(g) Vomitoxin (per test--quantitative)........... 40.00

(h) Vomitoxin (per test--HPLC Board Appeal)...... 125.70

(i) Pesticide Residue Testing\3\

(1) Routine Compounds (per sample)........... 200.00

(2) Special Compounds (per service

representative)............................. 100.00

(j) Fees for other tests not listed above will be

based on the lowest noncontract hourly rate from

Table 1

(iii) Review of weighing (per hour per service....... 63.50

representativ

e)

(3) Stowage examination (service-on-request)\3\

(i) Ship (per stowage space) (minimum $250 per ship). 50.00

(ii) Subsequent ship examinations (same as original)

(minimum $150 per ship)

(iii) Barge (per examination)........................ 40.00

[[Page 61503]]

(iv) All other carriers (per examination)............ 15.00

\1\ Fees apply for original inspection and weighing, reinspection, and

appeal inspection service 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 are found in Sec. 800.72 (1).

\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 Sec. 800.72

(2).

\3\ If performed outside of normal business, 1\1/2\ times the applicable

unit fee will be charged.

\4\ If, at the request of the Service, a file sample is located and

forwarded by the Agency for an official agency, the Agency may, upon

request, be reimbursed at the rate of $2.50 per sample by the Service.

Table 3

Miscellaneous Services \1\ \3\

(1) Grain grading seminars (per hour per service

representative)........................................... $43.60

(2) Certification of diverter-type mechanical samplers (per

hour per service representative).......................... 43.60

(3) Special weighing services (per hour per service

representative)

(i) Scale testing and certification.................... 43.60

(ii) Evaluation of weighing and material handling

systems............................................... 43.60

(iii) NTEP Prototype evaluation (other than Railroad

Track Scales)......................................... 43.60

(iv) NTEP Prototype evaluation of Railroad Track Scales

(plus usage fee per day for test car)................. 43.60

100.00

(v) Mass standards calibration and reverification...... 43.60

(vi) Special projects.................................. 43.60

(4) Foreign travel (per day per service representative).... 416.00

(5) On line customized data EGIS service

(i) One data file per week for 1 year.................. 500.00

(ii) One data file per month for 1 year................ 300.00

(6) Samples provided to interested parties (per sample).... 2.50

(7) Divided-lot certificates (per certificate)............. 1.50

(8) Extra copies of certificates (per certificate)......... 1.50

(9) Faxing (per page)...................................... 1.50

(10) Special mailing (actual cost)

(11) Preparing certificates onsite or during other than

normal business hours (use hourly rates from Table 1)

\1\ Any requested service that is not listed will be performed at $43.60

per hour.

\2\ Regular business hours-Monday thru Friday-service provided at other

than regular hours charged at the applicable overtime hourly rate.

3. Section 800.72 is revised to read as follows:

Sec. 800.72 Explanation of additional service fees for services

performed in the United States only.

(a) When transportation of the service representative to the

service location (at other than a specified duty point) is more than 25

miles from an FGIS office, the actual transportation cost in addition

to the applicable hourly rate for each service representative will be

assessed from the FGIS office to the service point and return. When

commercial modes of transportation (e.g., airplanes) are required, the

actual expense incurred for the round-trip travel will be assessed.

When services are provided to more than one applicant, the travel and

other related charges will be prorated between applicants.

(b) In addition to a 2-hour minimum charge for service on

Saturdays, Sundays, and holidays, an additional charge will be assessed

when the revenue from the services in Schedule A, Table 2, does not

equal or exceed what would have been collected at the applicable hourly

rate. The additional charge will be the difference between the actual

unit fee revenue and the hourly fee revenue. Hours accrued for travel

and standby time shall apply in determining the hours for the minimum

fee.

4. Section 800.73 is revised to read as follows:

Sec. 800.73 Computation and payment of service fees; general fee

information.

(a) Computing hourly rates. The applicable hourly rate will be

assessed in quarter hour increments for:

(1) Travel from the FGIS field office or assigned duty station to

the service point and return;

(2) The performance of the requested service, less mealtime.

(b) Application of fees when service is delayed or dismissed by the

applicant. The applicable hourly rate will be assessed for the entire

period of scheduled service when:

(1) Service has been requested at a specified location;

(2) A service representative is on duty and ready to provide

service but is unable to do so because of a delay not caused by the

Service; and

(3) FGIS officials determine that the service representative cannot

be utilized to provide service elsewhere without cost to the Service.

(c) Application of fees when an application for service is

withdrawn or dismissed. The applicable hourly rate will be assessed to

the applicant for the entire period of scheduled service if the request

is withdrawn or dismissed after the service representative departs for

the service point, or if the service request is not canceled by 2 p.m.,

local time, the business day preceding the date of scheduled service.

However, the applicable hourly rate will not be assessed to the

applicant if FGIS officials determine that the service representative

can be utilized elsewhere or released without cost to the Service.

(d) To whom fees are assessed. Fees for inspection, weighing, and

related services performed by service representatives, including

additional fees as provided in Sec. 800.72, shall be assessed to and

paid by the applicant for the service.

(e) Monthly payment of administrative fee. At the option of the

applicant, an agreement for 12 equal monthly payments may be entered

into for payment of the administrative fee. These monthly payments will

be based on the previous fiscal year's volume applied to the current

year's administrative fee schedule. If the volume of grain inspected is

more than the amount of grain agreed upon at the beginning of the

fiscal year, at the point the agreed upon volume is exceeded, the

current year's administrative fee schedule shall apply to the remaining

amount of grain for the rest of the fiscal

[[Page 61504]]

year. If the volume of grain inspected is less than the agreed upon

amount, any excess monies paid to the Service shall be applied to the

next fiscal year's administrative fee unless a request for a refund is

made by the applicant.

(f) Advance payment. As necessary, the Administrator may require

that fees shall be paid in advance of the performance of the requested

service. Any fees paid in excess of the amount due shall be used to

offset future billings, unless a request for a refund is made by the

applicant.

(g) Form of payment. Bills for fees assessed under the regulations

for official services performed by FGIS shall be paid by check, draft,

or money order, payable to the U.S. Department of Agriculture, Grain

Inspection, Packers and Stockyards Administration.

Dated: November 22, 1995.

James R. Baker,

Acting Assistant Secretary, Marketing and Regulatory Programs.

[FR Doc. 95-29115 Filed 11-29-95; 8:45 am]

BILLING CODE 3410-EN-P