34714 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

Subpart F also issued under 5 U.S.C. 5304,

5305(g)(1), and 5553; and E.O. 12883, 58 FR

63281, 3 CFR, 1993 Comp., p. 682;

Subpart G also issued under 5 U.S.C. 5304,

5305, and 5553; section 302 of the Federal

Employees Pay Comparability Act of 1990

(FEPCA), Pub. L. 101–509, 104 Stat. 1462;

and E.O. 12786, 56 FR 67453, 3 CFR, 1991

Comp., p. 376.

Subpart G—Continued Rates of Pay

2. In § 531.703, paragraph (i) is

revised to read as follows:

§ 531.703 Administration of continued

rates of pay.

* * * * *

(i) An employee’s entitlement to a

continued rate of pay is not affected by

a temporary promotion or temporary

reassignment, except that a continued

rate shall be suspended when a

temporary promotion or reassignment

causes one of the conditions in

paragraph (g) of this section to be

satisfied. In such situations, an

employee’s entitlement to continued

pay will resume as if never interrupted

upon return to the permanent position,

subject to the requirements of this

subpart. A continued rate that is

resumed shall include any pay

adjustments that were authorized for the

permanent position under paragraph (e)

of this section during the period of the

temporary promotion or reassignment.

[FR Doc. 96–16942 Filed 7–2–96; 8:45 am]

BILLING CODE 6325–01–M

DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and

Stockyards Administration

7 CFR Part 868

RIN 0580–AA47

Fees for Rice Inspection

AGENCY: Grain Inspection, Packers and

Stockyards Administration, USDA.

ACTION: Final rule.

SUMMARY: The Federal Grain Inspection

Service (FGIS), of the Grain Inspection,

Packers and Stockyards Administration

(GIPSA) is increasing the fees for

Federal Rice Inspection Services, as

performed under the Agricultural

Marketing Act (AMA) of 1946. This fee

increase is intended to cover, as nearly

as practicable, the projected operating

costs, including related supervisory and

administrative costs, for Federal Rice

Inspection Services rendered and to

generate sufficient revenues to cover

costs and maintain an appropriate

operating reserve.

EFFECTIVE DATE: August 2, 1996.

FOR FURTHER INFORMATION CONTACT:

George Wollam, USDA–GIPSA, Room

0623—South Building, 1400

Independence Avenue, SW,

Washington, D.C., 20090–6454,

telephone (202) 720–0292.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This rule has been determined to be

significant for the purposes of Executive

Order 12866 and, therefore, has been

reviewed by the Office of Management

and Budget. This increase in the service

fees is necessary to recover operating

losses in the Federal Rice Inspection

Services. These fees were last increased

on January 1, 1995 56 FR 15483), but

revenue is still not covering operating

costs. The overall cost of operating the

Federal Rice Inspection Service program

increased between fiscal years (FY) 1994

and 1995 by more than 6 percent. In FY

1955, the program generated revenue of

$3,982,744 with operating costs of

$4,274,733, resulting in a 1-year

operating loss of $291,990.

Executive Order 12778

This final rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. This action is not

intended to have a retroactive effect.

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 provisions of this

rule.

Effect on Small Entities

James R. Baker, Administrator,

GIPSA, has determined that this final

rule will not have a significant

economic impact on a substantial

number of small entities as defined in

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

601 et seq.) because most users of the

rice inspection services do not meet the

requirements for small entities. In

addition, GIPSA is required by statute to

recover the costs of providing rice

inspection services.

Information Collection and Record

Keeping Requirements

In compliance with the Paperwork

Reduction Act of 1980 (44 U.S.C.

Chapter 35), the information collection

and recordkeeping requirements

concerning applications for official

inspection services, including rice

inspections, have been approved by the

Office of Management and Budget under

control number 0580–0013.

Background

On January 11, 1996, FGIS proposed

in the Federal Register (61 FR 1013) to

increase fees charged for Federal Rice

Inspection Services. The rice inspection

fees were last amended on January 1,

1995 (56 FR 15483). They presently

appear in § 868.91 in Tables 1 and 2 of

the regulations (7 CFR 868.91 (Tables 1

and 2)). Since publication of the

proposed rule, FY 96 cost and revenue

information has become available and

has been included in the discussion

herein.

FGIS continually monitors its cost,

revenue, and operating reserve levels to

ensure that there are sufficient resources

for operations. During FYs 1993, 1994,

and 1995, respectively, FGIS

implemented cost-saving measures in an

effort to provide more cost effective

services. However, while the quantity of

rice inspections may fluctuate, certain

FGIS costs remain constant.

Consequently, revenues ($3,758,893;

$3,500,597; $3,982,744) did not cover

operating costs ($3,847,762; $4,022,194;

and $4,274,733) for FYs 1993, 1994, and

1995, respectively. This reflects a

reduction in operating reserves for all

three fiscal years.

At the time of the publication of the

proposed rule, FY 94 offered the most

current 1-year figures available to

compare FGIS’ rice inspection operating

costs with revenue. The figures for this

year were used to project the budgeted

FY 95 rice inspection operating costs

and establish revenue levels necessary

to cover projected operating costs.

During the period of October 1, 1994, to

July 31, 1995, the actual operating cost

was $3,760,305 and revenue was

$3,438,683, resulting in a reduction in

operating reserves of $321,667.

Since the publication of the proposed

rule, FY 95 offers the most current 1-

year figures available to compare FGIS’

rice inspection operating costs with

revenue. The figures for FY 95 used to

project the budgeted FY 96 rice

inspection operating costs and establish

revenue levels necessary to cover those

projected costs confirms the trend

toward reducing operating reserves.

From October 1, 1994, to September 30,

1995, the actual operating cost was

$4,274,733 and revenue was $3,982,744,

resulting in a reduction in operating

reserves of $291,990.

The trend, as reflected in FY 94 to FY

95 data, is expected to continue. This

overall trend necessitates an increase in

fees and an increase to the per-hundredweight volume charge for services

performed at export port locations on

lots at rest in order to recover the

projected operating costs and maintain
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34715

a 3-month operating reserve. As of

September 30, 1995, the reserve was at

a level of negative $1,089,741.

In fiscal year 1995, FGIS reduced

costs to the rice program by closing and/

or reducing field offices to suboffices.

Two field offices were reduced to

suboffices and one field office was

closed entirely. The estimated savings

from these measures is $220,000 over

two years. FGIS believes that actions

taken to this point represent an

appropriate balance between running an

efficient operation and providing a high

level of service to our customers.

However, we will continue to seek out

further cost savings that do not

compromise our service. In addition,

numerous talks were held with rice

industry trade groups outlining FGIS’

intention of increasing fees. Industry

realized the need for the increase.

Alternatives Considered

FGIS considered several options to

the final fees. It considered: (1) a

straight 14 percent increase in fees and

(2) reforming the current system of fees

to gather revenue in a manner less

dependent upon seasonal shifts, and (3)

incremental increases of fees. The third

alternative was selected. It was decided

to propose three incremental six percent

fee increases, the first increase to be

implemented May 1, 1996, second on

January 1, 1997, and third on January 1,

1998. This alternative was selected for

several reasons: the negative balance in

retained earnings requires the increases

be implemented in a more timely

manner; the trade is familiar with

incremental increases and incremental

increases allows the rice industry time

to adjust their operations to the

increased fees. We will propose the

second option at a later date when we

have had a chance to evaluate the

operation of a current proposal to

reform the Grain Inspection and

Weighing. That proposal, under the

United States Grain Standards Act will

change the methodology in fee

collection from the current system, an

hourly rate basis, to a combination of

reduced hourly rates, more contract

options, and per metric ton

administrative charge to recover

obligations.

Comment Review

FGIS received no comments during

the 30-day comment period.

Final Action

Section 203 of the AMA (7 U.S.C.

1622) provides for the establishment

and collection of fees that are reasonable

and, as nearly as practicable, cover the

costs of the services rendered. These

fees cover the FGIS administrative and

supervisory costs for the performance of

official services, including personnel

compensation, personnel benefits,

travel, rent, communications, utilities,

contractual services, supplies, and

equipment.

Section 868.91, Tables 1 and 2 (as

currently shown in section 868.91,

Tables 1 and 2 of the regulations), are

revised to provide for the increase in

rice inspection fees. A 3-stage increase

plan to raise hourly rates and unit fees

by approximately 6 percent per year for

calendar years 1996, 1997, and 1998 is

implemented. These incremental

increases will lessen the impact of the

amount of increase required to replenish

retained earnings to appropriate levels.

FGIS will review its costs, revenue,

and operating reserve levels to ensure

that the fee increases scheduled for

calendar years 1997 and 1998 are

required at the levels specified. FGIS, as

the fee increases are implemented, will

review the level of the operational

reserve and if available funds exceed

what is needed to maintain a reasonable

reserve, we will consider proposing a

reduction in fees. In the event that a

change in the fees appears necessary,

FGIS will engage in rulemaking before

making any changes.

List of Subjects in 7 CFR Part 868

Administrative practice and

procedure, Agricultural commodities.

For reasons set out in the preamble,

7 CFR Part 868 is amended as follows:

PART 868—GENERAL REGULATIONS

AND STANDARDS FOR CERTAIN

AGRICULTURAL COMMODITIES

1. The authority citation for Part 868

continues to read as follows:

Authority: Secs. 202–208, 60 Stat. 1087, as

amended (7 U.S.C. 1621 et. seq.)

2. Section 868.91 is revised to read as

follows:

§ 868.91 Fees for Certain Federal Rice

Inspection Services.

The fees shown in Tables 1 and 2

apply to Federal Rice Inspection

Services.

TABLE 1.—HOURLY RATES/UNIT RATE PER CWT

[Fees for Federal Rice Inspection Services]

Service 1

Regular Workday (Monday–

Saturday)

Nonregular

Workday

(Sunday–

Holiday)

Effective August 2, 1996

Contract (per hour per Service representative) ................................................................................................... $35.80 .............. $49.80

Noncontract (per hour per Service representative) ............................................................................................. 43.50 ................ 60.50

Export Port Services 2 .......................................................................................................................................... .042/CWT ......... .042/CWT

Effective January 1, 1997

Contract (per hour per Service representative) ................................................................................................... 37.90 ................ 52.80

Noncontract (per hour per Service representative) ............................................................................................. 46.10 ................ 64.10

Export Port Services 2 .......................................................................................................................................... .045/CWT ......... .045/CWT

Effective January 1, 1998

Contract (per hour per Service representative) ................................................................................................... 40.20 ................ 56.00

Noncontract (per hour per Service representative) ............................................................................................. 48.90 ................ 67.90

Export Port Services 2 .......................................................................................................................................... .048/CWT ......... .048/CWT

1Original and appeal inspection services include: Sampling, grading, weighing, and other services requested by the applicant when performed

at the applicant’s facility. 2Services performed at export port locations on lots at rest.
34716 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

TABLE 2.—UNIT RATES

Service 1 3 Rough rice

Brown rice

for processingMilled rice

Effective August 2, 1996

Inspection for quality (per lot, sublot, or sample inspection ............................................................. $29.20 $25.30 $18.00

Factor analysis for any single factor (per factor):

(a) Milling yield (per sample) ..................................................................................................... 22.70 22.70 ....................

(b) All other factors (per factor) ................................................................................................. 10.80 10.80 10.80

Total oil and free fatty acid ............................................................................................................... .................... 35.40 35.40

Interpretive line samples:2 .................... .................... ....................

(a) Milling degree (per set) ........................................................................................................ .................... .................... 75.80

(b) Parboiled light (per sample) ................................................................................................. .................... .................... 19.00

Extra copies of certificates (per copy) .............................................................................................. 3.00 3.00 3.00

Effective January 1, 1997

Inspection for quality (per lot, sublot, or sample inspection) ............................................................ 31.00 26.80 19.10

Factor analysis for any single factor (per factor):

(a) Milling yield (per sample) ..................................................................................................... 24.10 24.10 ....................

(b) All other factors (per factor) ................................................................................................. 17.40 11.40 11.40

Total oil and free fatty acid ............................................................................................................... .................... 37.50 37.50

Interpretive line samples: 2 .................... .................... ....................

(a) Milling degree (per set) ........................................................................................................ .................... .................... 80.30

(b) Parboiled light (per sample) ................................................................................................. .................... .................... 20.10

Extra copies of certificates (per copy) .............................................................................................. 3.00 3.00 3.00

Effective January 1, 1998

Inspection for quality (per lot, sublot, or sample inspection) ............................................................ 32.90 28.40 20.20

Factor analysis for any single factor (per factor):

(a) Milling yield (per sample) ..................................................................................................... 25.50 25.50 ....................

(b) All other factors per factor): ................................................................................................. 12.10 12.10 12.10

Total oil and free fatty acid ............................................................................................................... .................... 39.80 39.80

Interpretive line samples: 2

(a) Milling degree (per set) ........................................................................................................ .................... .................... 85.10

(b) Parboiled light (per sample) ................................................................................................. .................... .................... 21.30

Extra copies of certificates (per copy) .............................................................................................. 3.00 3.00 3.00

1Fees apply to determinations (original or appeals) for kind, class, grade, factor analysis, equal to type, milling yield, or any other quality designation as defined in the U.S. Standards for Rice or applicable instructions, whether performed singly or in combination at other than at the applicant’s facility. 2 Interpretive line samples may be purchased from the U.S. Department of Agriculture, Grain Inspection, Packers and Stockyards Administration; Technical Services Division; Board of Appeals and Review; FGIS Technical Center, 10383 North Executive Hills Boulevard, Kansas City,

MO 64153–1394. Interpretive line samples also are available for examination at selected FGIS field offices. A list of field offices may be obtained

from the Deputy Director, Field Management Division, USDA, GIPSA, FGIS, P.O. Box 96454, Washington, DC 20090–6454. The interpretive line

samples illustrate the lower limit for milling degrees only and the color limit for the factor ‘‘Parboiled Light’’ rice. 3Fees for other services not referenced in Table 2 will be based on the noncontract hourly rate listed in Section 868.90, Table 1.

Dated: June 27, 1996.

Michael V. Dunn,

Assistant Secretary, Marketing and

Regulatory Programs.

[FR Doc. 96–16993 Filed 7–2–96; 8:45 am]

BILLING CODE 3410–EN–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. NM–127; Special Conditions

No. 25–ANM–117]

Special Conditions: Cessna Model 500,

550, and S550 Airplanes; HighIntensity Radiated Fields

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final special conditions; request

for comments.

SUMMARY: These special conditions are

issued for the Cessna Model 500, 550,

and S550 airplanes. These airplanes, as

modified by Columbia Avionics, Inc.,

utilize new avionics/electronic systems,

such as an electronic flight information

system (EFIS), which perform critical

functions. The applicable regulations do

not contain adequate or appropriate

safety standards for the protection of

these systems from the effects of highintensity radiated fields (HIRF). These

special conditions contain the

additional safety standards that the

Administrator considers necessary to

establish a level of safety equivalent to

that established by the existing

airworthiness standards.

DATES: The effective date of these

special conditions is June 20, 1996.

Comments must be received on or

before August 2, 1996.

ADDRESSES: Comments on these special

conditions may be mailed in duplicate

to: Federal Aviation Administration,

Office of the Assistant Chief Counsel,

Attn: Rules Docket (ANM–7), Docket

No. NM–127, 1601 Lind Avenue SW.,

Renton, Washington, 98055–4056; or

delivered in duplicate to the Office of

the Assistant Chief Counsel at the above

address. Comments must be marked:

Docket No. NM–127. Comments may be

inspected in the Rules Docket

weekdays, except Federal holidays,

between 7:30 a.m. and 4:00 p.m.

FOR FURTHER INFORMATION CONTACT:

Mark Quam, FAA, Standardization

Branch, ANM–113, Transport Airplane

Directorate, Aircraft Certification

Service, 1601 Lind Avenue SW.,

Renton, Washington, 98055–4056;

telephone (206) 227–2145; facsimile

(206) 227–1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

The FAA has determined that good

cause exists for making these special

conditions effective upon issuance;

however, interested persons are invited

to submit such written data, views, or

arguments as they may desire.

Communications should identify the