Federal Register: November 28, 2005 (Volume 70, Number 226)

DOCID: FR Doc 05-23353

DEPARTMENT OF AGRICULTURE

Farm Service Agency

NOTICE: NOTICES

ACTION: United States Warehouse Act:

DOCUMENT ACTION: Notice.

SUBJECT CATEGORY:

U.S. Warehouse Act Fees

DOCUMENT SUMMARY:

This notice sets forth a schedule increasing the annual operational fee warehouse operators are charged under the United States Warehouse Act (USWA). This action is needed to increase revenue to cover operational costs projected for operations under the USWA in fiscal year 2006. This notice does not change any of the other various license or inspection fees charged under the USWA.

SUMMARY:

Warehouse operators; annual operation fee schedule,

SUPPLEMENTAL INFORMATION

The Secretary of Agriculture has the [[Page 71263]]
authority to license public warehouses and assess warehouse operator fees under the USWA (7 U.S.C. 241 et seq.) Warehouse operators licensed under the USWA understand that fees will be imposed to cover the costs of administering the program. Specifically, section 4 of the USWA (7 U.S.C. 243) and the regulations issued pursuant to the USWA, located at 7 CFR part 735, mandate the imposition of fees for USWAlicensed warehouses. The USWA provides for licensing of public warehouse operators that are in the business of storing agricultural products; examination of such federallylicensed warehouses, issuance of regulations governing the establishment and maintenance of electronic systems, and collection of fees to sustain the USWA warehouse licensing and examination programs. FSA is raising USWA annual operational fees charged to licensed warehouses in order to assure the recovery of operational costs projected for USWA activities in fiscal year 2006. The fiscal year 2006 fee adjustment reflects a 5.0 percent increase in the annual fees. Other license and inspection fees charged under the USWA are not currently being increased.

USWA fees vary by type of warehouse and were last amended effective October 1, 2000, (65 FR 39347, June 26, 2000). None of the fee increases for any particular type of warehouse exceeded 2.0 percent, and such fees varied based on FSA's direct costs with respect to warehouse examinations for that type of warehouse. The schedule below sets out all of the relevant fees and charges for licensing and examination and reflects the increased annual fees noted above. USWA Schedule for License, Inspection and Annual Operational Fees To Be Paid by Warehouse Operators

Warehouse and Service License Fees

The fee for original issuance, reissuance, or duplication of a license for cotton, grain, tobacco, wool, dry beans, nut, sweeteners, and cottonseed is $80 for each license issued. The fee charged to license individuals to inspect, sample, grade, classify, or weigh commodities is $35 for each service license issued.

Warehouse Annual and Inspection Fees

These fees are shown in the following tables by agricultural product. Inspection fees are assessed for each original examination or inspection, or reexamination or reinspection for modification of an existing license. Annual fees are assessed independently of the inspection and license fees set forth in the preceding paragraph. Cotton
[In bales]
Annual fee for Annual fee for each warehouse each warehouse Licensed capacity location with a location without CCC storage a CCC storage agreement agreement 120,000............................ $585 $1,170 20,00140,000....................... 770 1,540 40,00160,000....................... 940 1,880 60,00180,000....................... 1,180 2,360 80,001100,000...................... 1,470 2,940 100,001120,000..................... 1,760 3,520 120,001140,000..................... 2,055 4,110 140,001160,000..................... 2,350 4,700 160,001+............................ * 2,350 ** 4,700 * Plus $60 per 5,000 bale capacity above 160,000 bales or fraction thereof.
** Plus $115 per 5,000 bale capacity above 160,000 bales or fraction thereof.

Inspection fees will be charged at the rate of $17 for each 1,000 bales of licensed capacity, or fraction thereof, but in no case less than $170 nor more than $1,700.
Grain
[In bushels]
Annual fee for Annual fee for each warehouse each warehouse Licensed capacity location with a location without CCC storage a CCC storage agreement agreement 1150,000........................... $155 $310 150,001250,000..................... 310 620 250,001500,000..................... 455 910 500,001750,000..................... 615 1,230 750,0011,000,000................... 765 1,530 1,000,0011,200,000................. 920 1,840 1,200,0011,500,000................. 1,070 2,140 1,500,0012,000,000................. 1,220 2,440 2,000,0012,500,000................. 1,375 2,750 2,500,0015,000,000................. 1,525 3,050 5,000,0017,500,000................. 1,685 3,370 [[Page 71264]]
7,500,00110,000,000................ 1,840 3,680 10,000,001+......................... * 1,840 ** 3,680 * Plus $50 per million bushels above 10,000,000 or fraction thereof. ** Plus $95 per million bushels above 10,000,000 or fraction thereof.

Inspection fees will be charged at the rate of $17 for each 10,000 bushels of licensed capacity, or fraction thereof, but in no case less than $170 nor more than $1,700.
Nuts
[In short tons]
Annual fee for Annual fee for each warehouse each warehouse Licensed capacity location with a location without CCC storage a CCC storage agreement agreement 14,500............................. $250 $500 4,5017,500......................... 410 820 7,50115,000........................ 580 1,160 15,00122,500....................... 745 1,490 22,50130,000....................... 905 1,810 30,00136,000....................... 1,060 2,120 36,00145,000....................... 1,220 2,440 45,00160,000....................... 1,375 2,750 60,00175,000....................... 1,535 3,070 75,001150,000...................... 1,690 3,380 150,001225,000..................... 1,840 3,680 225,001+............................ * 1,995 ** 3,990 * Plus $11 per 100 short tons above 225,000 short tons or fraction thereof.
** Plus $19 per 100 short tons above 225,000 short tons or fraction thereof.

Inspection fees will be charged at the rate of $8.50 for each 100 short tons of licensed capacity, or fraction thereof of peanuts and $15 for each 1,000 hundredweight, or fraction thereof, of other nuts, but in no case less than $170 nor more than $1,700.
Dry Beans
(In hundredweight)
Licensed capacity Annual fee 10090,000............................................ $840 90,001150,000........................................ 1,170 150,001300,000....................................... 1,520 300,001450,000....................................... 1,855 450,001600,000....................................... 2,185 600,001720,000....................................... 2,515 720,001900,000....................................... 2,860 900,0011,200,000..................................... 3,200 1,200,0011,500,000................................... 3,525 1,500,0013,000,000................................... 3,860 3,000,001+............................................ * 4,200 * Plus $1.40 per 1,000 hundredweight above 3,000,000 or fraction thereof.

Inspection fees will be charged at the rate of $17 for each 1,000 hundredweight of licensed capacity, or fraction thereof, but in no case less than $170 nor more than $1,700.

Tobacco and Wool (Currently Inactive)

Annual fee: $17 for each 100,000 pounds of licensed capacity, or fraction thereof, but in no case less than $680.

Inspection fee: $17 for each 100,000 pounds of licensed capacity, or fraction thereof, but in no case less than $170 nor more than $1,700.

Sweeteners

Annual fee: $6.50 for each 5,000 gallons of liquid or 55,000 pounds of dry capacity, or fraction thereof, but in no case less than $680.

Inspection fee: $6.50 for each 5,000 gallons of liquid or 55,000 pounds of dry capacity, or fraction thereof, but in no case less than $170 nor more than $1,700.

Cottonseed

Annual fee: $17 for each 1,000 short tons of licensed capacity, or fraction thereof, but in no case less than $680.

Inspection fee: $17 for each 1,000 short tons of licensed capacity, or fraction thereof, but in no case less than $170 nor more than $1,700.

Signed in Washington, DC, on November 16, 2005.
Teresa C. Lasseter,
Administrator, Farm Service Agency.
[FR Doc. 0523353 Filed 112505; 8:45 am]
BILLING CODE 341005P

FOR FURTHER INFORMATION CONTACT

Roger Hinkle, USWA Program Manager, Warehouse and Inventory Division, Farm Service Agency (FSA), United States Department of Agriculture (USDA), 1400 Independence Avenue, SW., STOP 0553, Washington, DC 202500553, telephone: (202) 7207433; FAX: (202) 6903123; email: Roger.Hinkle@usda.gov. Persons with disabilities who require alternative means for communication (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 7202600 (voice and TDD).