This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

27407 

Vol. 72, No. 94 

Wednesday, May 16, 2007 

DEPARTMENT OF AGRICULTURE 

Grain Inspection, Packers and 

Stockyards Administration 

7 CFR Parts 800 and 801 

RIN 0580–AA95 

Official Fees and Tolerances for Barley 

Protein Testing 

AGENCY: Grain Inspection, Packers and 

Stockyards Administration, USDA. 

ACTION: Final rule. 

SUMMARY: We are adopting as a final 

rule, without change, an interim rule 

that previously extended the official 

inspection program to include testing of 

barley protein using near-infrared 

spectroscopy analyzers that were 

previously approved for different grains, 

established in the fee schedule a generic 

fee for all near-infrared measurements 

(NIR) and nuclear magnetic resonance 

(NMR) analyses, which is identical to 

existing fees. Also, we amended the 

regulations under the United States 

Grain Standards Act (USGSA) to 

establish performance tolerances for 

protein analyzers used to predict the 

percentage of protein in barley. 

DATES: Effective: June 15, 2007. 

FOR FURTHER INFORMATION CONTACT: John 

C. Giler, Acting Director, Field 

Management Division, at his e-mail 

address: John.C.Giler@usda.gov or 

telephone him at (202) 720–0228. 

SUPPLEMENTARY INFORMATION:

Background 

On November 4, 2004, GIPSA issued 

a Federal Register notice (69 FR 64269– 

64270), announcing an intent to 

implement barley protein measurement 

as official criteria under the United 

States Grain Standards Act (USGSA) 

effective July 1, 2005. The Federal 

Register notice is available on the 

GIPSA Web site at http:// 

www.gipsa.usda.gov. 

On November 8, 2006, GIPSA issued 

a Federal Register interim rule (71 FR 

65371–65373) seeking comments on 

GIPSA’s intention to extend its official 

inspection program to include testing of 

Barley protein and to establish a fee for 

such testing. There were no comments 

received on this request. 

This provides the barley industry 

with accurate results for protein that the 

market can rely on to negotiate price, 

value, and premium. 

Fees 

GIPSA collects fees for providing 

official testing services to cover, as 

nearly as practicable, GIPSA’s costs for 

performing the service, including 

related administrative and supervisory 

costs. Testing procedures and time 

necessary to determine protein in barley 

using the approved near-infrared 

transmittance (NIRT) analyzers are the 

same as those required for NIRT wheat 

protein; soybean oil and protein; and 

corn oil, protein, and starch 

determinations. Accordingly, the fee to 

test barley is the same as for tests for the 

above cited commodities. The fee is 

$2.25 per test when the service is 

performed at an applicant’s facility in 

an onsite FGIS laboratory, and for 

services performed at a location other 

than an applicant’s facility in an FGIS 

laboratory the fees will be $10.00 per 

test for an original inspection service 

and $17.70 per test for an appeal 

inspection service. 

Further, since the fees for nearinfrared (NIR) analysis are the same as 

the fees for nuclear magnetic resonance 

(NMR) analysis, these fees are included 

in a generic NIR and NMR analysis fee. 

This should simplify the fee schedule 

and will not require a regulatory fee 

change when new NIR and NMR 

analysis are available for other grain 

products. Specifically, in 7 CFR 800.71, 

in tables 1 and 2, we will add a single 

new fee for ‘‘NIR and NMR analysis 

(protein, oil, starch, etc.)’’ to replace the 

individual fees currently listed for the 

following 4 categories: (1) Corn oil, 

protein, and starch (one of any 

combination), (2) soybean protein and 

oil (one or both), (3) wheat protein (per 

test), and (4) sunflower (per test). We 

renumbered the remaining fees listed in 

table 1, section 2 and table 2, sections 

1 and 2. We are not making any other 

changes to the remaining fee amounts or 

categories at this time. 

Tolerances 

We run standard reference samples 

through the equipment to evaluate the 

accuracy of the equipment; for barley, 

the standard reference samples sets 

typically weigh between 650 and 750 

grams. Due to the natural variation in 

individual kernels of barley and other 

sources of variability, each time we test 

the barley the testing equipment is 

likely to produce slightly different 

results. Therefore, we determine the 

allowable amount of differences 

between the test results from the 

standard reference sample and the 

expected outcome. We refer to this 

amount as the tolerance, which is the 

variation we allow for the equipment to 

produce accurate results. 

We determined that, based upon the 

performance of the instruments and 

calibration, the maintenance tolerance 

will be ±0.20 percent mean deviation 

from the national standard NIRS 

instruments for the NIRS analyzers used 

in performing official inspections. We 

determined that this level of accuracy 

will provide reliable testing procedures 

and accurate results to meet prospective 

official customer needs and that the 

market can rely on to negotiate price, 

value, and premium. We will apply this 

tolerance according to testing 

instructions found in the GIPSA NearInfrared Transmittance (NIRT) 

Handbook. 

We are adding this tolerance as a new 

paragraph (b)(4) in 7 CFR 801.7. 

Previously, 7 CFR 801.7(b) only 

included tolerances for (1) NIRS wheat 

protein analyzers, (2) NIRS soybean oil 

and protein analyzers, and (3) NIRS 

corn oil, protein, and starch analyzers. 

As with other commodities for which 

NIRS analyzers are used, we will use the 

chemical reference protein 

determinations to reference and 

calibrate official NIRS instruments in 

accordance with the Combustion 

Method, AOAC International Method 

992.23, which we previously 

incorporated by reference into 7 CFR 

801.7(b). No change to the incorporation 

is required for barley protein testing. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866 and, therefore, 

has not been reviewed by the Office of 

Management and Budget (OMB). 


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27408 Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 / Rules and Regulations 

The Administrator of GIPSA has 

determined that this rule will not have 

a significant impact on a substantial 

number of small entities as defined in 

the Regulatory Flexibility Act (5 U.S.C. 

601 et seq.). 

Currently, near-infrared spectroscopy 

analyzers are being used to determine 

wheat protein; soybean oil and protein; 

and corn oil, protein, and starch in both 

domestic and export markets. This rule 

establishes tolerances to expand the use 

of currently approved near-infrared 

spectroscopy analyzers to test barley 

protein and establishes a generic fee for 

all NIR and NMR testing that is identical 

to current fees. Testing for barley 

protein is included in this fee. There are 

58 official agencies (46 private entities, 

12 States) that are designated and/or 

delegated by GIPSA to perform official 

grain inspection services. Most of the 

agencies could be considered small 

entities under Small Business 

Administration criteria. 

The extent to which these agencies 

will choose to provide this service is 

difficult to quantify because GIPSA is 

offering this service on a request basis, 

and locations where service is requested 

infrequently may make arrangements 

with neighboring agencies to provide 

the service (7 CFR 800.196(g)(1)). GIPSA 

believes that offering this service would 

have a beneficial effect on those 

agencies electing to provide the service. 

For the 2006/2007 Market Year (June 

to May), USDA’s Economic Research 

Service estimated the U.S. Barley 

Supply to be 303,000,000 bushels. 

Between June 2006 and September 2006 

(the months for which we have data), 

20,010,000 bushels of barley were tested 

for protein. Ten of the 58 official 

agencies, performed barley protein tests 

in the first 11 months of fiscal year 

2006. There were 5,176 barley protein 

tests performed; of those 2,624 were 

tests performed for trucks and rail cars, 

2,546 were tests performed on 

submitted samples, and 6 were 

performed locally, such as within a 

grain elevator. 

According to USDA’s National 

Agricultural Statistics Service, there are 

24,747 farms (producers) in the barley 

for grain category. We do not have 

estimates for the number of grain 

handlers, exporters, and feedlot 

operators that may be involved in 

submitting barley for protein testing. In 

general, many producers, grain 

handlers, exporters, and feedlot 

operators may be considered small 

entities under Small Business 

Administration criteria. Further, grain 

handlers and exporters often use testing 

results to determine value and 

premiums. The extent to which these 

entities will request the official barley 

protein or the impact of offering this 

service is difficult to quantify. GIPSA 

believes that barley producers, feedlot 

operators, grain handlers, and exporters 

will rely on the official system to 

provide reliable testing procedures and 

accurate results that the market can rely 

on to negotiate price, value, and 

premiums. 

Fees currently are charged for NIR 

testing. The fees charged by GIPSA are 

$2.25 per test when the service is 

performed at an applicant’s facility in 

an onsite FGIS laboratory, and when an 

inspection service is performed at a 

location other than an applicant’s 

facility in an FGIS laboratory the fees 

are $10.00 per test for an original 

inspection service and $17.70 for an 

appeal inspection service. The generic 

fee is the same as fees charged for 

current individual tests and their impact 

on applicants for services will vary 

depending upon usage since these tests 

are on a request basis. 

Executive Order 12988 

Executive Order 12988, Civil Justice 

Reform, instructs each executive agency 

to adhere to certain requirements in the 

development of new and revised 

regulations in order to avoid unduly 

burdening the court system. This final 

rule has been reviewed under this 

Executive Order. This final rule is not 

intended to have a retroactive effect. 

The United States Grain Standards Act 

provides in Section 87g that no State or 

subdivision may require or impose any 

requirements or restrictions concerning 

the inspection, weighing, or description 

of grain under the Act. Otherwise, this 

final 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 the provisions of this 

interim rule. 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995, the 

recordkeeping and reporting burden 

imposed by parts 800 and 801 were 

previously approved by OMB under 

control number 0580–0013 and will not 

be affected by this rule. 

GIPSA is committed to compliance 

with the Government Paperwork 

Elimination Act, which requires 

Government agencies, in general, to 

provide the public the option of 

submitting information or transacting 

business electronically to the maximum 

extent possible. 

List of Subjects 

7 CFR Part 800 

Administrative practice and 

procedure, Conflict of interests, Exports, 

Freedom of information, Grains, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

7 CFR Part 801 

Exports, Grains, Scientific equipment. 

■ For the reasons set out in the 

preamble, we are amending 7 CFR parts 

800 and 801 as follows: 

Authority: 7 U.S.C. 71—87k. 

PART 800—GENERAL REGULATIONS 

■ The interim final rule amending 7 

CFR parts 800 and 801, which was 

published in the November 8, 2006, 

Federal Register at 71 FR 65371–65373, 

is adopted as a final rule, without 

change. 

James E. Link, 

Administrator, Grain Inspection, Packers and 

Stockyards Administration. 

[FR Doc. E7–9388 Filed 5–15–07; 8:45 am] 

BILLING CODE 3410–KD–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 11 and 25 

RIN 3150–AH99 

Access Authorization Fees 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final rule. 

SUMMARY: The Nuclear Regulatory 

Commission (NRC) is amending the 

agency access authorization fees 

charged to licensees for work performed 

under the Material Access 

Authorization Program (MAAP) and the 

Information Access Authority Program 

(IAAP). The amended cost is due to an 

increase of the review time for each 

application for access authorization. 

The formula for calculating fees remains 

the same as based on current Office of 

Personnel Management (OPM) billing 

rates for personnel background 

investigations. The formula is designed 

to recover the full cost of processing a 

request for access authorization from the 

licensee. The use of the fee assessment 

formula tied to current OPM billing 

rates eliminates the need for the NRC to 

update its access authorization fee 

schedules through regular rulemakings. 

DATES: The effective date of the final 

rule is June 15, 2007. 


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