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[Federal Register Volume 60, Number 47 (Friday, March 10, 1995)]
[Notices]
[Pages 13112-13114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5996]

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DEPARTMENT OF AGRICULTURE
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[[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.

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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
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