Editorial Note on Subchapter A of Chapter VIII
Authority: 7 U.S.C. 71-87K, 1621-1627.

Editorial Note on Subchapter A of Chapter VIII
Editorial Note: Nomenclature changes to subchapter A appear at 84 FR 45645, Aug. 30, 2019.

§ 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.* For each calendar year, FGIS will calculate *Schedule A* fees as defined in paragraph (b) of this section. FGIS will publish a notice in the Federal Register and post *Schedule A* fees on the Agency's public website.
( 2 ) *Schedule B—Fees 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 Agency's 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 (a)(1) of this section will consist of the national tonnage fee and local tonnage fees and the Service will calculate and round the fee 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 ) *Supervision fee.* Supervision fee in Schedule B in paragraph (a)(2) of this section will be set according to the following: ( i ) *Operating reserve adjustment.* The operating reserve adjustment is the supervision program costs for the previous fiscal year divided by 2 less the end of previous fiscal year operating reserve balance.
( ii ) *Supervision tonnage fee.* The supervision tonnage fee is the sum of the prior fiscal year program costs plus operating reserve adjustment divided by the average yearly tons of domestic U.S. grain shipments inspected or weighed, or both, including land carrier shipments to Canada and Mexico during the previous 5 fiscal years. If the calculated value is zero or a negative value, the Service will suspend the collection of supervision tonnage fees for one calendar year.
( 3 ) *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.* For each calendar year, the Service will review fees included in this section and publish fees in the Federal Register and on the Agency's public website. ( 1 ) *Registration certificates and renewals.* The fee for registration certificates and renewals will be published annually in the Federal Register and on the Agency's public website, and the Service will calculate the fee using the noncontract hourly rate published pursuant to 7 CFR 800.71(a)(1) multiplied by five. If you operate a business that buys, handles, weighs, or transports grain for sale in foreign commerce, or you are also in a control relationship with respect to a business that buys, handles, weighs, or transports grain for sale in interstate commerce, you must complete an application and pay the published fee.
( 2 ) *Designation amendments.* The fee for amending designations will be published annually in the Federal Register and on the Agency's public website. The Service will calculate the fee using the cost of publication plus one hour at the noncontract hourly rate. If you submit an application to amend a designation, you must pay the published fee.
[81 FR 49860, July 29, 2016, as amended at 81 FR 96340, Dec. 30, 2016; 83 FR 6453, Feb. 14, 2018; 83 FR 11633, Mar. 16, 2018; 83 FR 66585, Dec. 27, 2018; 86 FR 49469, Sept. 3, 2021] Editorial Note
Editorial Note: At 89 FR 48265, June 6, 2024, § 800.71 was stayed indefinitely.