Agricultural Marketing Service, USDA Seeks Comments on Proposed Rule to Amend its User Fee Regulations to Establish Standardized Formulas to Calculate Hourly and Unit Fees

The United States Grain Standards Act (USGSA) authorizes and requires the Secretary of Agriculture to charge and collect reasonable fees to cover the estimated costs for performing official grain inspection and weighing services.

On October 8, 2024, the Agricultural Marketing Service (AMS), Federal Grain Inspection Service (FGIS) published a proposed rule to amend FGIS’s user fee regulations to establish standardized formulas to calculate hourly and unit fees. The proposed rule would allow the agency to sustain operations and comply with the USGSA, which requires FGIS to charge fees sufficient to cover the costs of the official services it provides and to adjust fees annually to maintain an operating reserve of not less than three and not more than six months. The proposed rule would also make two typographical corrections to the regulations.

FGIS has prepared an initial regulatory flexibility analysis (“IRFA”) for the rulemaking outlining the costs and impacts to small businesses. The analysis states the proposed rule will not change the relative burden on small businesses, and the provisions would apply equally to all entities. FGIS also stated the proposal would not impose additional reporting, record keeping, or other compliance requirements on small entities.

FGIS is requesting comments on the rule, and small businesses are encouraged to provide detailed information on the direct cost implications and whether any regulatory alternatives would minimize the impact on small entities.

Comments are due by November 22, 2024.

Read the proposed rule and submit comments.

Advocacy contact: Send an email to Shanerika Flemings at shanerika.flemings@sba.gov.