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Notes

7 C.F.R. §§ 56.46–56.53

5 sections in range

§56.46. Charges for service on an unscheduled basis.

7 C.F.R. § 56.46

(a)
Unless otherwise provided in this part, the fees to be charged and collected for any service performed, in accordance with this part, on an unscheduled basis shall be based on the applicable formulas specified in this section. For each calendar year or crop year, AMS will calculate the rate for grading services, per hour per program employee using the following formulas:
(1)
Regular rate. The total AMS grading program personnel direct pay divided by direct hours, which is then multiplied by the next year's percentage of cost of living increase, plus the benefits rate, plus the operating rate, plus the allowance for bad debt rate. If applicable, travel expenses may also be added to the cost of providing the service.
(2)
Overtime rate. The total AMS grading program personnel direct pay divided by direct hours, which is then multiplied by the next year's percentage of cost of living increase and then multiplied by 1.5 plus the benefits rate, plus the operating rate, plus an allowance for bad debt. If applicable, travel expenses may also be added to the cost of providing the service.
(3)
Holiday rate. The total AMS grading program personnel direct pay divided by direct hours, which is then multiplied by the next year's percentage of cost of living increase and then multiplied by 2, plus benefits rate, plus the operating rate, plus an allowance for bad debt. If applicable, travel expenses may also be added to the cost of providing the service.
(b)
(1)
For each calendar year, based on previous fiscal year/historical actual costs, AMS will calculate the benefits, operating, and allowance for bad debt components of the regular, overtime and holiday rates as follows:
(i)
Benefits rate. The total AMS grading program direct benefits costs divided by the total hours (regular, overtime, and holiday) worked, which is then multiplied by the next calendar year's percentage cost of living increase. Some examples of direct benefits are health insurance, retirement, life insurance, and Thrift Savings Plan (TSP) retirement basic and matching contributions.
(ii)
Operating rate. The total AMS grading program operating costs divided by total hours (regular, overtime, and holiday) worked, which is then multiplied by the percentage of inflation.
(iii)
Allowance for bad debt rate. Total AMS grading program allowance for bad debt divided by total hours (regular, overtime, and holiday) worked.
(2)
The calendar year cost of living expenses and percentage of inflation factors used in the formulas in this section are based on the most recent Office of Management and Budget's Presidential Economic Assumptions.
(c)
Fees for unscheduled grading services will be based on the time required to perform the services. The hourly charges shall include the time actually required to perform the grading, waiting time, travel time, and any clerical costs involved in issuing a certificate. Charges to plants are as follows:
(1)
The regular hourly rate shall be charged for the first 8 hours worked per grader per day for all days except observed legal holidays.
(2)
The overtime rate shall be charged for hours worked in excess of 8 hours per grader per day for all days except observed legal holidays.
(3)
The holiday hourly rate will be charged for hours worked on observed legal holidays.
Notes, amendments, and revision history

Amendments

[79 FR 67322, Nov. 13, 2014, as amended at 84 FR 49642, Sept. 23, 2019; 85 FR 62937, Oct. 6, 2020]

Authority

Authority: 7 U.S.C. 1621-1627.

Amendments

[79 FR 67322, Nov. 13, 2014, as amended at 84 FR 49642, Sept. 23, 2019; 85 FR 62937, Oct. 6, 2020]

§56.47. Fees for appeal grading or review of a grader's decision.

7 C.F.R. § 56.47

The costs of an appeal grading or review of a grader's decision shall be borne by the appellant on an unscheduled basis at rates set forth in § 56.46, plus any travel and additional expenses. If the appeal grading or review of a grader's decision discloses that a material error was made in the original determination, no fee or expenses will be charged.
Notes, amendments, and revision history

Amendments

[84 FR 49642, Sept. 23, 2019]

Authority

Authority: 7 U.S.C. 1621-1627.

Amendments

[84 FR 49642, Sept. 23, 2019]

§56.49. Travel expenses and other charges.

7 C.F.R. § 56.49

Charges are to be made to cover the cost of travel and other expenses incurred by the AMS in connection with rendering grading service. Such charges shall include the cost of transportation, per diem, and any other expenses.
Notes, amendments, and revision history

Amendments

[42 FR 2971, Jan. 14, 1977. Redesignated at 42 FR 32514, June 27, 1977, as amended at 46 FR 8, Jan. 2, 1981. Redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 71 FR 42010, July 24, 2006]

Authority

Authority: 7 U.S.C. 1621-1627.

Amendments

[42 FR 2971, Jan. 14, 1977. Redesignated at 42 FR 32514, June 27, 1977, as amended at 46 FR 8, Jan. 2, 1981. Redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 71 FR 42010, July 24, 2006]

§56.52. Charges for services on a scheduled basis.

7 C.F.R. § 56.52

Fees to be charged and collected for any grading service, other than for an appeal grading, on a scheduled grading basis, will be determined based on the formulas in this part. The fees to be charged for any appeal grading shall be as provided in § 56.47.
(a)
Charges. The charges for the grading of shell eggs shall be paid by the applicant for the service and shall include items listed in this section as are applicable. Payment for the full cost of the grading service rendered to the applicant shall be made by the applicant to the National Finance Center. Such full costs shall comprise such of the items listed in this section as are due and included in the bill or bills covering the period or periods during which the grading service was rendered. Bills are payable upon receipt.
(1)
When a signed application for service has been received, the State supervisor or his designee will complete a plant survey pursuant to § 56.30. The costs for completing the plant survey will be charged to the applicant on an unscheduled basis as described in § 56.46. No charges will be assessed when the application is required because of a change in name or ownership. If service is not installed within 6 months from the date the application is filed, or if service is inactive due to an approved request for removal of a grader or graders(s) for a period of 6 months, the application will be considered terminated. A new application may be filed at any time. In addition, there will be a charge of $300 if the application is terminated at the request of the applicant for reasons other than for a change in location within 12 months from the date of the inauguration of service.
(2)
Charges for the cost of each grader assigned to a plant will be calculated as described in § 56.46. Minimum fees for service performed under a scheduled agreement shall be based on the hours of the regular tour of duty. The Agency reserves the right to use any grader assigned to the plant under a scheduled agreement to perform service for other applicants except that no charge will be assessed to the scheduled applicant for the number of hours charged to the other applicant. Charges to plants are as follows:
(i)
The regular hourly rate shall be charged for hours worked in accordance with the approved tour of duty on the application for service between the hours of 6 a.m. and 6 p.m.
(ii)
The overtime rate shall be charged for hours worked in excess of the approved tour of duty on the application for service.
(iii)
The holiday hourly rate will be charged for hours worked on observed legal holidays.
(iv)
The night differential rate (for regular or overtime hours) will be charged for hours worked between 6 p.m. and 6 a.m.
(v)
The Sunday differential rate (for regular or overtime hours) will be charged for hours worked on a Sunday.
(vi)
For all hours of work performed in a plant without an approved tour of duty, the charge will be one of the applicable hourly rates in § 56.46, plus actual travel expenses incurred by AMS.
(3)
A charge at the hourly rates specified in § 56.46, plus actual travel expenses incurred by AMS for intermediate surveys to firms without grading service in effect.
(b)
Other provisions.
(1)
The applicant shall designate in writing the employees of the applicant who will be required and authorized to furnish each grader with such information as may be necessary for the performance of the grading service.
(2)
AMS will provide, as available, an adequate number of graders to perform the grading service. The number of graders required will be determined by AMS based on the expected demand for service.
(3)
The grading service shall be provided at the designated plant and shall be continued until the service is suspended, withdrawn, or terminated by:
(i)
Mutual consent;
(ii)
Thirty (30) days' written notice, by either the applicant or AMS specifying the date of suspension, withdrawal, or termination;
(iii)
One (1) day's written notice by AMS to the applicant if the applicant fails to honor any invoice within thirty (30) days after date of invoice covering the cost of the grading service; or
(iv)
Action taken by AMS pursuant to the provisions of § 56.31.
(4)
Graders will be required to confine their activities to those duties necessary in the rendering of grading service and such closely related activities as may be approved by AMS: Provided, That in no instance may the graders assume the duties of management.
Notes, amendments, and revision history

Amendments

[34 FR 8232, May 28, 1969]

Authority

Authority: 7 U.S.C. 1621-1627.

Amendments

[34 FR 8232, May 28, 1969]

§56.53. Fees or charges for grading service performed under cooperative agreement.

7 C.F.R. § 56.53

Fees or charges to be made to an applicant for grading service which differ from those listed in §§ 56.45 through 56.54 shall be provided for by a cooperative agreement.
Notes, amendments, and revision history

Amendments

[36 FR 7894, Apr. 28, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981]

Authority

Authority: 7 U.S.C. 1621-1627.

Amendments

[36 FR 7894, Apr. 28, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981]