Pilot Programs Allowing More Than One Official Agency To Provide Official Services Within A Single Geographic Area

DEPARTMENT OF AGRICULTURE

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

[[Page 13113]]

DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration

Pilot Programs Allowing More Than One Official Agency To Provide

Official Services Within A Single Geographic Area

AGENCY: Grain Inspection, Packers and Stockyards Administration

(GIPSA).

ACTION: Notice With Comment Period.

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

SUMMARY: Amendments in 1993 changed the United States Grain Standards

Act, as amended (Act). One of these changes provides that GIPSA may

conduct pilot programs allowing more than one official agency to

provide official services within a single geographic area. GIPSA is

requesting comments on the two proposed pilot programs described below.

DATES: Comments must be postmarked, or sent by telecopier (FAX) or

electronic mail by May 5, 1995.

ADDRESSES: Comments must be submitted in writing to Neil E. Porter,

Director, Compliance Division, GIPSA, USDA, Room 1647 South Building,

P.O. Box 96454, Washington, DC 20090-6454. SprintMail users may respond

to [A:ATTMAIL,O:USDA,ID:A36CPDIR]. ATTMAIL and FTS2000MAIL users may

respond to !A36CPDIR. Telecopier (FAX) users may send comments to the

automatic telecopier machine at 202-720-1015, attention: Neil E.

Porter. All comments received will be made available for public

inspection during regular business hours at the above address located

at 1400 Independence Avenue, S.W.

FOR FURTHER INFORMATION CONTACT: Neil E. Porter, telephone 202-720-

8262.

SUPPLEMENTARY INFORMATION:

Sections 7(f) and 7A of the Act were amended by the U.S. Grain

Standards Act Amendments of 1993 (Public Law 103-156) on November 24,

1993, to authorize GIPSA's Administrator to conduct pilot programs

allowing more than one official agency to provide official services

within a single geographic area without undermining the declared policy

of the Act. The purpose of the pilot programs is to evaluate the impact

of allowing more than one official agency to provide official services

within a single geographic area.

Comments were requested on five possible pilot programs in the

March 14, 1994, Federal Register (59 FR 11759). Comments were due by

April 22, 1994. Forty-one comments were received on these possible

pilot programs: fifteen official agencies and two licensed inspectors

opposed pilot programs; six official agencies supported pilot programs,

and two official agencies were neutral; five trade associations, ten

grain firms, and one laboratory supported pilot programs.

The comments submitted by official agencies expressed their concern

over being pressured to grade more leniently or risk losing customers,

the possible issuance of multiple original grades on a single lot of

grain, losing major customers to competing official agencies, being

forced to give preferential treatment to large customers over small

customers, maintaining a relatively uniform inspection volume

sufficient to preserve their personnel base, and minimizing their

management and supervision problems.

Comments from the grain trade noted difficulty in getting services

when needed to avoid additional charges and the possibility of better

service and/or lower cost if they could choose the official agency to

provide such services. They also indicated a desire for pilot programs

encompassing all services, a more specific proposal to comment on, and

a concern that the structure of a pilot program could determine its

success or failure.

After considering these comments and other information, GIPSA has

developed and is asking for comments on two proposed pilot programs,

one of which was proposed in the March 14, 1994, notice. The remaining

four proposed pilot programs; barges on selected rivers or portions of

rivers; exceptions; commercial inspections, and submitted samples were

determined to be too narrow in scope to conduct an appropriate pilot

program. Comments are requested on the following two proposed pilot

programs.

1. Timely Service. This pilot program would allow official agencies

to provide official services outside their assigned geographic area

when these official services can not be provided in a timely manner by

the official agency designated to serve that area. A timely manner

would be considered to be:

- 6 hours - When a service request is received between 6 a.m., and

noon Monday through Friday by the official agency designated to provide

service;

- 12 hours - When a service request is received any other time by

the official agency designated to provide service.

Customers unable to obtain service within these time limits may

request such services from another official agency. Customers using

this provision to request official services from an official agency not

designated to serve them must maintain sufficient information to

establish that they could not receive timely service from the agency

designated to serve them. Customers must submit requests for service

under this pilot program by FAX. This includes both the initial request

for service that could not be provided in a timely manner and any

subsequent request for the same service to an official agency not

designated to serve them. Official agencies must handle customer

requests for service in the order received where practicable. Official

agencies and customers using this pilot program must maintain

sufficient records to verify eligibility to use this option.

The definition of timeliness in this pilot program supersedes the

definition currently stated in section 800.46(b)(5) of the regulations

(7 CFR 800.46(b)(5). This section states that official personnel may

not be available to provide requested services if the request is not

received by 2 p.m., the preceding business day.

2. Open Season. This pilot program would allow official agencies an

open season during which they may attempt to sell their services to

customers outside their assigned geographic area where no official

sample-lot or official weighing services have been provided in the

previous 6 months. Official agencies would submit their plans to

provide official services to customers outside their assigned

geographic area to Compliance Division for review in consultation with

the field office supervising the agency. Upon approval, official

agencies would be permitted to provide such official services.

Official agencies participating in these pilot programs would be

allowed to provide, during the test period, any official services for

which they are designated. Official agencies participating in pilot

programs must arrange for any equipment (including laboratories and

access to D/Ts) that may be needed to provide official services at each

site outside the area they are currently designated to serve.

These pilot programs will be for a maximum of 1 year. If, after

this time period, GIPSA determines that these programs strengthen the

official system, GIPSA will consider extending the time period or

recommending other appropriate action.

GIPSA will monitor these pilot programs. If, at any time, GIPSA

determines that a pilot program is having a negative impact on the

official system, the pilot program will be discontinued.

Commenters are encouraged to submit reasons and pertinent data for

support or objection to the pilot programs described above. All

comments and suggestions must be submitted to the

[[Page 13114]] Compliance Division at the above address. Comments and

other available information will be considered in determining which

pilot programs to conduct. FGIS will publish notice of any pilot

programs to be conducted.

Any information collection or recordkeeping requirements that may

result from a pilot program will be submitted to the Office of

Management and Budget for approval under the Paperwork Reduction Act of

1980 (44 U.S.C. 3501 et seq.).

Authority: Pub. L. 94-582, 90 Stat. 2867, as amended (7 U.S.C.

71 et seq.)

Dated: March 3, 1995.

Neil E. Porter,

Director, Compliance Division.

[FR Doc. 95-5996 Filed 3-9-95; 8:45 am]

BILLING CODE 3410-EN-F