49466 Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Rules and Regulations 

PART 890—FEDERAL EMPLOYEES 

HEALTH BENEFITS PROGRAM 

■ 1. The authority citation for part 890 

is revised to read as follows: 

Authority: 5 U.S.C. 8913; Sec. 890.102 also 

issued under sections 11202(f), 11232(e), and 

11246 (b) of Pub. L. 105–33, 111 Stat. 251; 

Sec. 890.111 also issued under section 

1622(b) of Pub. L. 104–106, 110 Stat. 521 (36 

U.S.C. 5522); Sec. 890.112 also issued under 

section 1 of Pub. L. 110–279, 122 Stat. 2604 

(2 U.S.C. 2051); Sec. 890.113 also issued 

under section 1110 of Pub. L. 116–92, 133 

Stat. 1198 (5 U.S.C. 8702 note); Sec. 890.301 

also issued under section 311 of Pub. L. 111– 

3, 123 Stat. 64 (26 U.S.C. 9801); Sec. 

890.302(b) also issued under section 1001 of 

Pub. L. 111–148, 124 Stat. 119, as amended 

by Pub. L. 111–152, 124 Stat. 1029 (42 U.S.C. 

300gg–14); Sec. 890.803 also issued under 50 

U.S.C. 3516 (formerly 50 U.S.C. 403p) and 22 

U.S.C. 4069c and 4069c–1; subpart L also 

issued under section 599C of Pub. L. 101– 

513, 104 Stat. 2064 (5 U.S.C. 5561 note), as 

amended; and subpart M also issued under 

section 721 of Pub. L. 105–261 (10 U.S.C. 

1108), 112 Stat. 2061; 25 U.S.C. 1647b. 

Subpart N—Federal Employees Health 

Benefits for Employees of Certain 

Indian Tribal Employers 

■ 2. Amend § 890.1402 in paragraph (a) 

by revising the definitions of ‘‘billing 

unit,’’ ‘‘paymaster,’’ and ‘‘tribal 

employer’’ and adding a definition for 

‘‘tribally controlled schools’’ in 

alphabetical order to read as follows: 

§ 890.1402 Definitions and deemed 

references. 

(a) * * * 

Billing unit is a subdivision of the 

tribal employer’s workforce that aligns 

tribal employees for purposes of 

administering FEHB enrollment and 

collection of payment. A billing unit 

may be either governmental or 

commercial or a combination of both. So 

long as a tribal employer purchases 

FEHB for at least one billing unit that is 

an Indian Tribe or tribal organization 

carrying out at least one program under 

the Indian Self-Determination and 

Education Assistance Act (ISDEAA) or 

Tribally Controlled Schools Act of 1988 

(TCSA), or an urban Indian organization 

carrying out at least one program under 

title V of the Indian Health Care 

Improvement Act (IHCIA), the tribal 

employer may purchase FEHB for other 

billing units without regard to its 

programs. 

* * * * * 

Paymaster is the entity or entities 

designated by OPM as responsible for 

receiving FEHB premiums from the 

tribal employer, forwarding premiums 

to the Employees Health Benefits Fund, 

and maintaining enrollment records for 

all participating tribal employers. 

* * * * * 

Tribal employer is an Indian tribe or 

tribal organization (as those terms are 

defined in 25 U.S.C. chapter 18, ‘‘Indian 

Health Care’’) carrying out at least one 

program under the Indian SelfDetermination and Education 

Assistance Act or the TCSA (25 U.S.C. 

2501 et seq.); or an urban Indian 

organization (as that term is defined in 

25 U.S.C. chapter 18, ‘‘Indian Health 

Care’’) carrying out at least one program 

under title V of the Indian Health Care 

Improvement Act. The tribe, tribal 

organization, or urban Indian 

organization is a tribal employer 

provided that it certifies entitlement to 

purchase FEHB according to the process 

described in subpart N. FEHB benefits 

that tribal employers are entitled to 

purchase for their tribal employees are 

set forth in this subpart and to the 

extent there exists any ambiguity or 

inconsistency between this subpart and 

other subparts of this part, the terms of 

this subpart will govern FEHB benefits 

available for purchase by tribal 

employers. 

Tribally controlled school is a school 

(as the term is defined in section 2511 

of 25 U.S.C. chapter 27, ‘‘Tribally 

Controlled School Grants’’) that is 

operated by an Indian tribe or a tribal 

organization, enrolling students in 

kindergarten through grade 12, 

including a preschool; is not a local 

educational agency; and is not directly 

administered by the Bureau of Indian 

Affairs. 

* * * * * 

■ 3. Amend § 890.1404 by revising 

paragraphs (a)(1) and (2), (b)(5) and (9), 

and (e)(1) to read as follows: 

§ 890.1404 Tribal employer election and 

agreement to purchase FEHB. 

(a) * * * 

(1) A tribal employer must purchase 

FEHB for at least one billing unit 

carrying out programs or activities 

under the tribal employer’s ISDEAA or 

IHCIA contract or TCSA grant. 

(2) For so long as a tribal employer 

continues to purchase FEHB for at least 

one billing unit carrying out programs 

or activities under a tribal employer’s 

ISDEAA or IHCIA contract or TCSA 

grant, the tribal employer may purchase 

FEHB for one or more billing units 

without regard to whether they are 

carrying out programs or activities 

under the tribal employer’s ISDEAA or 

IHCIA contract or TCSA grant. 

(b) * * * 

(5) A certification and documentation 

demonstrating that the tribal employer 

is entitled to purchase FEHB as either: 

An Indian tribe or tribal organization 

carrying out at least one program under 

the Indian Self-Determination and 

Education Assistance Act or Tribally 

Controlled Schools Act of 1988; or an 

urban Indian organization carrying out 

at least one program under Title V of the 

Indian Health Care Improvement Act; 

* * * * * 

(9) Agreement to provide notice to 

OPM in the event that the tribal 

employer is no longer carrying out at 

least one program under the ISDEAA or 

title V of IHCIA or the Tribally 

Controlled Schools Act of 1988; and 

* * * * * 

(e) * * * 

(1) An Indian tribe or tribal 

organization carrying out at least one 

program under the Indian SelfDetermination and Education 

Assistance Act or under the Tribally 

Controlled Schools Act of 1988; or 

* * * * * 

[FR Doc. 2021–19042 Filed 9–2–21; 8:45 am] 

BILLING CODE 6325–64–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 800 

[Doc. No. AMS–FGIS–20–0001] 

RIN 0581–AD94 

Fees for Supervision of Official 

Inspection and Weighing Services 

Performed by Delegated States and 

Designated Agencies, Miscellaneous 

Fees for Other Services, and Removal 

of Specific Fee References 

AGENCY: Agricultural Marketing Service, 

Department of Agriculture (USDA). 

ACTION: Final rule. 

SUMMARY: This final rule revises 

regulations under authority of the 

United States Grain Standards Act 

(USGSA) by implementing a 

standardized formula model for 

calculating Federal Grain Inspection 

Service (FGIS) supervision fees. The 

revision enables FGIS to adjust 

supervision fees annually in order to 

maintain an appropriate operating 

reserve as required by the USGSA. As 

with other Agricultural Marketing 

Service (AMS) fee-based programs, AMS 

will publish annual FGIS fee updates in 

the Federal Register and post updated 

fee schedules on its website. The 

revision also eliminates or revises 

certain registration and duplication fees 

charged by FGIS. 


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Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Rules and Regulations 49467 

DATES: 

Effective date: October 4, 2021. 

Applicability date: October 1, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Denise Ruggles, FGIS Executive Program 

Analyst, AMS, USDA; Telephone: (816) 

702–3897; Email: Denise.M.Ruggles@

usda.gov. 

SUPPLEMENTARY INFORMATION: The 

USGSA (7 U.S.C. 71 et seq.) authorizes 

FGIS, a program area within AMS, to 

supervise grain inspection and weighing 

services provided by official agencies 

and to charge and collect reasonable 

fees to cover costs of such supervision. 

These fees are charged by official 

agencies to their customers (grain 

industry) as part of the overall fee 

charged for inspection and weighing 

services. Supervision fees collected by 

FGIS cover, as nearly as practicable, all 

operating and administrative costs 

associated with supervising official 

agencies. 

FGIS regularly reviews user-fees to 

determine whether fees are adequate 

and would likely maintain appropriate 

operating reserve funds. On July 1, 

2016, following such a review (81 FR 

41790; June 28, 2016), FGIS suspended 

the assessment of fees for supervision of 

official inspection and weighing 

services performed by delegated States 

and designated agencies to reduce the 

operating reserve. This suspension 

ended on December 31, 2020. FGIS’s 

operating reserve at that time was 

adequate to cover six months’ operating 

expenses as required, but FGIS resumed 

the assessment of tonnage fees to cover 

operating costs of supervision. 

FGIS is implementing the use of a 

standardized formula model to 

determine if user-fee adjustments are 

necessary to recover costs associated 

with administering the official agency 

supervision program. This action is 

intended to assure FGIS maintains the 

financial stability necessary to provide 

inspection and weighing services to the 

grain industry, which facilitates the 

sound and orderly marketing of grain in 

domestic and export markets. 

AMS invited comments on the 

proposed rule identifying changes to the 

methodology for establishing FGIS user 

fees for supervision of official 

inspection and weighing services 

performed by delegated agencies and 

the removal of specific references to 

user fees (86 FR 12119; March 2, 2021). 

AMS received two comments in 

response to the proposed rule that were 

supportive. Comments indicated that 

this approach would moderate fee 

changes and provide for predictable 

time intervals. 

Fees for supervising official agencies 

were last revised in 2005 (70 FR 50149; 

August 26, 2005). The fee schedule at 7 

CFR 800.71(a)(2) (Schedule B) has not 

been changed since then. Currently, the 

FGIS fee for supervision of official 

agencies is set at $0.011 per metric ton 

of domestic U.S. grain shipments 

inspected or weighed, or both, including 

land carrier shipments to Canada or 

Mexico. 

Financial data for the supervision of 

official agencies program for fiscal years 

(FY) 2016 through 2020 is reviewed in 

Table 1. 

TABLE 1—SUPERVISION OF OFFICIAL AGENCIES FINANCIAL ANALYSIS

[Millions of dollars] * 

FY 16 FY 17 FY 18 FY 19 FY 20 

Revenue ............................................................................... $1.91 $0.00 $0.00 $0.00 $0.00 

Obligations ........................................................................... 1.43 1.78 1.88 1.55 1.81 

Annual Surplus or (Deficit) ................................................... 0.47 (1.78) (1.88) (1.55) (1.81) 

Operating Reserve—running balance ................................. 8.73 6.95 5.08 3.53 1.73 

* Figures may not sum due to rounding and adjustments of prior year obligations. 

As illustrated by Table 1, though 

revenues have been suspended since 

July 2016, FGIS obligations have 

generally increased due to inflation and 

cost of living adjustments. The 

exception was in FY19, when accounts 

of the former Grain Inspection, Packers 

and Stockyards Administration (GIPSA), 

which included FGIS, were merged with 

AMS, along with the close-out of 

obligations. As explained above, the 

current fee structure generated a 

recurring annual operating surplus for 

several years, resulting in a decision to 

suspend the collection of the fees in 

2016 to gradually reduce operating 

reserves to meet AMS’s target of 

maintaining funds to cover between 

three to six months’ expenses. Monthly 

costs to operate the supervision of 

official agencies in FY 2020 were 

$151,000. Thus, AMS would consider 

an operating reserve between $0.45 

million and $0.91 million (3 and 6 times 

the monthly operating cost, 

respectively) at the end of FY 2020 to be 

appropriate. At the end of FY 2020, the 

operating reserve balance was $1.73 

million, enough to cover 111⁄2 months of 

expenses. 

To prevent accumulating a reserve 

balance beyond the targeted amount (3 

to 6 times the monthly operating cost), 

AMS is adopting a standardized formula 

for calculating user fees for each 

calendar year (CY). AMS expects that 

reducing fees in this manner will 

gradually reduce the reserve fund 

balance, while allowing FGIS to 

continue making strategic operational 

expenditures to meet industry 

expectations and achieve United States 

Department of Agriculture (USDA) 

goals. 

Calculations 

AMS will calculate the supervision 

tonnage fee using prior year’s actual 

costs and average yearly tonnage 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. 

AMS adds new § 800.71(b)(2)(i) and 

(ii) to include the following formulas for 

calculating fee rates for CY 2021 and 

succeeding years: 

Operating Reserve Adjustment. FGIS 

will divide the total prior year 

supervision costs by 2 to determine the 

6-months operating reserve goal. From 

that value, FGIS will subtract the FY 

operating reserve ending balance to 

obtain the operating reserve adjustment 

for determining the supervision tonnage 

fee. 

The operating reserve adjustment for 

calendar year 2021 is ¥$821,925. The 

calculation, using FY 2020 supervision 

costs of $1,807,633, is: $1,807,633 

divided by 2, which equals $903,817. 

Subtract the FY 2020 operating reserve 

ending balance of $1,725,742 to equal 

¥$821,925. 

Supervision tonnage fee. FGIS will 

add total prior-year supervision costs 

and the operating reserve adjustment, 

then divide the result by the average 

tonnage for the previous 5-years. If the 

calculated fee is zero or a negative 

value, FGIS will suspend collection of 

supervision tonnage fees for the next 

calendar year. 


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49468 Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Rules and Regulations 

The supervision tonnage fee for 

calendar year 2021 is $0.004 per ton. 

The calculation, based on FY 2020 

supervision costs of $1,807,633, is 

$1,807,633 plus the operating reserve 

adjustment of ¥$821,925, which equals 

$985,670. Divide this adjustment rate by 

the 5-year average tonnage of 

232,398,847, to derive $0.004 per ton. 

Fiscal year Metric tons 

2016 ................................ 238,996,932 

2017 ................................ 244,355,906 

2018 ................................ 234,298,085 

2019 ................................ 206,693,881 

2020 ................................ 237,649,430 

5-year Rolling Average ... 232,398,847 

In addition to implementing a new 

formula for calculating supervision 

tonnage fees, this final rule also revises: 

• Section 801.71(a)(2)—Schedule B— 

to remove the currently specified fee 

and to provide that annual supervision 

fees will be as published on the AMS 

website. 

• The introductory text of 

§ 801.71(b)—Annual review of fees—to 

convey that weighing and inspection 

fees, as well as supervision fees, will be 

recalculated annually. 

• Section 801.71(b)(1)—to clarify that 

tonnage fees calculated in that section 

pertain only to FGIS inspection and 

weighing (Schedule A) fees. 

• Section 801.71(b)—by redesignating 

paragraph (b)(2) as paragraph (b)(3) and 

adding a new paragraph (b)(2) that 

outlines supervision fee calculations, as 

described earlier. 

Miscellaneous Fees for Other Services 

In addition to the above changes 

related to supervision fees, AMS is 

implementing the following changes to 

other fee requirements in § 801.71(d). 

This final rule removes the 

introductory text of § 801.71(d)(1)(i)— 

Registration certificates and renewals, 

and consolidates paragraphs (d)(1)(i)(A) 

and (B) of that section, which currently 

provide flat fees for registering business 

operations that buy, handle, weigh, or 

transport grain for sale in foreign 

commerce or for such businesses that 

are also in a control relationship with 

respect to a business that buys, handles, 

weighs, or transports grain for sale in 

interstate commerce. Currently, the 

registration fee for the former is $135, 

and the registration fee for the latter is 

$270. This final rule combines the two 

charges into one. AMS will calculate the 

export registration fee using the 

following formula and adjust the fees 

annually, as necessary. 

Registration certificates and renewals. 

FGIS will multiply the § 800.71(a) Table 

1 of Schedule A noncontract hourly rate 

by a quantity of five. The fee covers 

FGIS personnel costs to review 

applications, fee publication expenses, 

and administrative expenses. The 

Schedule A non-contract hourly rate is 

currently $63. Thus, the consolidated 

certificate registration and application 

fee for 2021 will be $63 multiplied by 

a quantity of 5, or $315. AMS will 

publish the annual rate in the Federal 

Register and on the AMS website. 

This final rule removes 

§ 800.71(d)(1)(ii), which provides 

charges for providing extra copies of 

registration certificates, as certificates 

are now provided electronically for 

printing by the applicant. 

This final rule revises § 800.71(d)(2) 

to remove the provision of a flat fee for 

applications to amend an official agency 

designation. FGIS will instead calculate 

the rate using the following formula, 

and the rate will be adjusted annually 

and published on the AMS website. 

Designation amendments. FGIS will 

calculate the rate using the Federal 

Register publication rate for three 

columns, plus one hour of noncontract 

hourly rate from § 800.71(a) Table 1 of 

Schedule A. The fee covers FGIS 

personnel costs, administrative 

expenses, and Federal Register 

publication costs. 

The current rate is $75 per 

application; AMS calculates the fee will 

be $540 for calendar year 2021 using 

current publication fees. AMS typically 

receives only one or two requests each 

year, so the overall cost to official 

agencies is not expected to be 

significant. AMS will review the cost to 

process and publish designation 

amendments and adjust the fees 

annually, as necessary. 

Finally, this final rule removes 

§ 800.71(d)(3), which provides a flat 

application fee for operating a scale 

testing organization. FGIS hasn’t 

approved such an organization in the 

past 5 years. States that operate as scale 

testing organizations, in addition to 

FGIS, provide service in areas that are 

not in reasonably close proximity to 

FGIS duty stations. Scale operators pay 

far less in travel costs by obtaining 

services provided by their local State 

scale testing organizations on behalf of 

FGIS. Additionally, this increases FGIS 

efficiency by reducing staff travel and 

allowing staff to be deployment to other 

mission duties. 

Executive Orders 12866 and 13563 

Executive Orders 12866—Regulatory 

Planning and Review, and 13563— 

Improving Regulation and Regulatory 

Review, direct agencies to assess all 

costs and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits of 

reducing costs, harmonizing rules, and 

promoting flexibility. This rule does not 

meet the criteria of a significant 

regulatory action under Executive Order 

12866 as supplemented by Executive 

Order 13563. Therefore, the Office of 

Management and Budget (OMB) has not 

reviewed this rule under those orders. 

AMS considered several alternatives 

to changes made by this rule, including 

reinstating the current fee or applying a 

standardized formula using one year of 

supervision tonnage versus the five-year 

supervision tonnage average. 

Ultimately, AMS determined that the 

proposed approach of recalculating the 

fee each year using a standard formula 

based on a five-year supervision tonnage 

average would provide savings to the 

industry when the operating reserve 

balance exceeds FGIS’s goal and would 

limit large fee increases following years 

where supervision tonnage volumes are 

significantly less. AMS expects changes 

made by this rule to benefit the grain 

industry by adjusting supervision fees 

as needed annually to reflect actual 

expenses related to grain inspections 

supervision and maintaining 

appropriate operating reserve balances. 

AMS does not expect the rule to provide 

any environmental, public health, or 

safety benefits. AMS has not identified 

any costs related to this action. 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988—Civil Justice 

Reform. This rule is not intended to 

have retroactive effect. The USGSA 

provides in Sec. 87g that no State or 

subdivision thereof may require or 

impose any requirements or restrictions 

concerning the inspection, weighing, or 

description of grain under the Act. This 

rule does not preempt any State or local 

laws, regulations, or policies, unless 

they present an irreconcilable conflict 

with this rule. No administrative 

proceedings would be required before 

parties could file suit in court 

challenging provisions of this rule. 

Executive Order 13175 

This rule has been reviewed under 

E.O. 13175—Consultation and 

Coordination with Indian Tribal 

Governments, which requires agencies 

to consider whether their rulemaking 

actions would have tribal implications. 

AMS has determined that this rule is 


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Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Rules and Regulations 49469 

unlikely to have substantial direct 

effects on one or more Indian tribes, on 

the relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA) (5 

U.S.C. 601–602), AMS has considered 

the economic impact of this action on 

small entities. The purpose of the RFA 

is to fit regulatory actions to the scale of 

businesses subject to such actions in 

order that small businesses will not be 

unduly or disproportionately burdened. 

This rule sets fees for three different 

FGIS functions: (1) Fees for FGIS 

Supervision, (2) fees for registration 

certificates and renewals for exporters of 

grain, and (3) fees for amending the 

designation of official agencies. 

AMS has determined that this rule 

does not have a significant economic 

impact on a substantial number of small 

entities because most applicants (grain 

industry) that apply for these official 

services and are subjected to AMS 

supervision fees do not meet the 

requirements for small entities. This 

rule will affect entities engaged in 

shipping grain to and from points 

within the United States and exporting 

grain from the United States to Canada 

and Mexico. There are approximately 

9,500 off-farm storage facilities in the 

United States that could receive grain 

services from delegated States or 

designated agencies. AMS estimates 25 

percent of these users would be 

considered small businesses based on 

criteria established by the Small 

Business Administration (13 CFR 

121.201) (SBA). SBA uses the North 

American Industry Classification 

System (NAICS) to categorize various 

industry businesses. SBA defines small 

grain retailers and warehouse and 

storage facilities, NAICS codes 424510 

and 493130, respectively, as those 

whose annual receipts do not exceed 

$30,000,000 or who have no more than 

200 employees, respectively. 

With respect to fees for supervision, 

these fees are a minor amount compared 

to the total value of grain shipments. 

Carrier types shipped by small entities 

are submitted samples and trucks with 

a standardized weight of 23.95 metric 

tons and railcars with a standardized 

weight of 99.79 metric tons. Supervision 

fees assessed on these carriers at the 

current published rate are $0.26 per 

truck (2020 corn market-year value of 

$2,700) and $1.10 per railcar (2020 corn 

market-year value of $12,600). 

The registration certificate and 

renewal fee applies to persons engaged 

in the business of buying grain for sale 

in foreign commerce and in the business 

of handling, weighing, or transporting 

grain for sale in foreign commerce. 

Under provisions of the USGSA, grain 

exported from the United States must be 

officially inspected and weighed. 

Mandatory inspection and weighing 

services were provided by AMS and 

official agencies on a fee basis for 97 

registered exporters in CY 2020. Eightythree of the registered entities are 

owned and managed by multi-national 

corporations, large cooperatives, or 

public entities that do not meet the 

criteria for small entities established by 

the SBA. In 2020, approximately 

fourteen small exporters registered with 

FGIS. As explained, with the 

registration fees for 2021 calculated to 

be $315, FGIS believes the change in 

registration fees would have a minor 

effect on the small number of small 

business that register with FGIS. 

Finally, the designation amendment 

fee applies to an official agency 

requesting a modification to its 

designation within the five-year 

designation period. AMS has 42 

designated States and agencies, and 13 

of these designated agencies meet the 

criteria for small entities established by 

the SBA. As explained earlier, the 

designation amendment fee for 2021 is 

calculated to be $540. FGIS believes the 

revised designation amendment fee 

would have a minor impact on small 

businesses, since it typically receives no 

more than two modification requests per 

year. 

The adoption of standardized AMS 

user-fee rate calculations for 2021 and 

beyond would benefit all inspection 

applicants, regardless of size, as fees 

would more closely reflect the current 

cost of inspections, and the fee 

calculation process would be more 

transparent. Through its annual review, 

AMS would be able to monitor the 

financial status of the grain supervision 

program to determine whether further 

adjustments are necessary. 

AMS has determined this rule would 

not have a significant economic impact 

on a substantial number of entities as 

defined under the RFA because fewer 

than half of the applicants for grain 

inspection services meet the definition 

of small entities. 

Finally, USDA has not identified any 

relevant Federal rules that duplicate, 

overlap, or conflict with this rule. 

Paperwork Reduction Act and EGovernment Act 

In compliance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

Chapter 35), the information collection 

and record keeping requirements for the 

program providing supervision of 

official agencies have previously been 

approved by OMB under control 

number 0580–0013. No additional 

reporting, record keeping, or other 

compliance requirements will be 

imposed as a result of this rule. 

AMS is committed to complying with 

the E-Government Act (44 U.S.C. 3601 

et seq.), to promote the use of the 

internet and other information 

technologies to provide increased 

opportunities for citizen access to 

Government information and services, 

and for other purposes. 

List of Subjects in 7 CFR Part 800 

Administrative practice and 

procedure, Grain. 

For reasons set forth in the preamble, 

AMS amends 7 CFR part 800 as follows: 

PART 800—GENERAL REGULATIONS 

■ 1. The authority citation for part 800 

continues to read as follows: 

Authority: 7 U.S.C. 71–87k. 

■ 2. Amend § 800.71 by: 

■ a. Revising paragraph (a)(2); 

■ b. Revising paragraph (b) introductory 

text; 

■ c. Revising the first sentence in 

paragraph (b)(1); 

■ d. Redesignating paragraph (b)(2) as 

paragraph (b)(3); 

■ e. Adding new paragraph (b)(2); and 

■ f. Revising paragraph (d). 

The revisions and addition read as 

follows: 

§ 800.71 Fees assessed by the Service. 

(a) * * * 

(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 


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49470 Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Rules and Regulations 

the Service will calculate and round the 

fee to the nearest $0.001 per metric ton. 

* * * 

* * * * * 

(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. 

* * * * * 

(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. 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2021–19034 Filed 9–2–21; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0718; Project 

Identifier MCAI–2020–00601–R; Amendment 

39–21708; AD 2021–18–07] 

RIN 2120–AA64 

Airworthiness Directives; Leonardo 

S.p.a. Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Leonardo S.p.a. Model AB412 and 

AB412 EP helicopters. This AD was 

prompted by the results of a fatigue 

review. This AD requires establishing a 

life limit for certain part-numbered high 

landing gear aft crosstubes. The FAA is 

issuing this AD to address the unsafe 

condition on these products. 

DATES: This AD becomes effective 

September 20, 2021. 

The FAA must receive comments on 

this AD by October 18, 2021. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE, Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this final rule, contact Leonardo S.p.A. 

Helicopters, Emanuele Bufano, Head of 

Airworthiness, Viale G.Agusta 520, 

21017 C.Costa di Samarate (Va) Italy; 

telephone +39–0331–225074; fax +39– 

0331–229046; or at https://

customerportal.leonardocompany.com/ 

en-US/. You may view this service 

information at the FAA, Office of the 

Regional Counsel, Southwest Region, 

10101 Hillwood Pkwy., Room 6N–321, 

Fort Worth, TX 76177. For information 

on the availability of this material at the 

FAA, call (817) 222–5110. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2021–0718; or in person at Docket 

Operations between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The AD docket contains this 

final rule, the European Aviation Safety 

Agency (now European Union Aviation 

Safety Agency) (EASA) AD, any 

comments received, and other 

information. The street address for 

Docket Operations is listed above. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth Cook, Airframe/Structural/ 

Mechanical Engineer, Certification 

Section, Fort Worth ACO Branch, FAA, 

10101 Hillwood Pkwy., Fort Worth, TX 

76177; telephone (817) 222–5475; email 

kenneth.a.cook@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

EASA, which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD 2017–0097, 

dated June 7, 2017 (EASA AD 2017– 

0097), to correct an unsafe condition for 

AgustaWestland S.p.A. (formerly Agusta 

S.p.A., Costruzioni Aeronautiche 

Giovanni Agusta) Model AB412 and 

AB412EP helicopters with high skid 

landing gear assemblies part number (P/ 

N) 412–050–012-(XXX), 412–050–014- 

(XXX), 412–050–050-(XXX), or 412– 

050–059-(XXX), where ‘XXX’ represents 

any 3-digit combination, installed. 

EASA advises of the determination that 

a life limit must be introduced for 

certain high skid landing gear aft 

crosstubes following a fatigue review. 

Failure to comply with the new life 

limit could lead to the failure of the 

part, possibly resulting in damage of the 

helicopter and injuries to passengers. 

Accordingly, EASA AD 2017–0097 

requires implementation of the new life 

limit and revision of the Aircraft 

Maintenance Program (AMP). 

FAA’s Determination 

These helicopters have been approved 

by EASA and are approved for operation 

in the United States. Pursuant to the 

FAA’s bilateral agreement with the 

European Union, EASA has notified the 

FAA about the unsafe condition 

described in its AD. The FAA is issuing 

this AD after evaluating all known 

relevant information and determining 

that the unsafe condition described 

previously is likely to exist or develop 

on other helicopters of these same type 

designs. 

Related Service Information 

The FAA reviewed Leonardo 

Helicopters Emergency Alert Service 

Bulletin No. 412–151, Revision A, dated 

June 5, 2017. This service information 

specifies procedures for establishing a 


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