Revision of Cottonseed Sampler License Procedures

DEPARTMENT OF AGRICULTURE

7 CFR Part 61

[CN-93-004]

RIN 0581-AB05

Revision of Cottonseed Sampler License Procedures

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: The Agricultural Marketing Service (AMS) is making final the

restructuring of procedures for licensing cottonseed samplers to draw,

prepare and submit cottonseed samples for USDA's official cottonseed

grading program. The revision will significantly reduce the paperwork

burden involved in the licensing of official cottonseed samplers by

eliminating the bonding requirement and the license fee, and extending

the license period from 1 to 5 years. Official cottonseed samplers will

still be required to obtain a license from USDA, and sampling equipment

and procedures will continue to receive the same level of supervision

from AMS Cotton Division personnel.

EFFECTIVE DATE: July 1, 1994.

FOR FURTHER INFORMATION CONTACT: Lee Cliburn, 202-720-2145.

SUPPLEMENTARY INFORMATION: A proposed rule detailing the revisions was

published in the Federal Register on February 14, 1994, (59 FR 6914). A

60-day comment period was provided for interested persons to respond to

the proposed rule; only one comment, in support of the revisions, was

received.

This final rule has been issued in conformance with Executive Order

12866 and has been reviewed by OMB.

This final rule has been reviewed under Executive Order 12778,

Civil Justice Reform. It is not intended to have retroactive effect.

This rule would not preempt any state or local laws, regulations, or

policies unless they present an irreconcilable conflict with this rule.

There are no administrative procedures which must be exhausted prior to

any judicial challenge to the provisions of this rule.

Pursuant to the requirements set forth in the Regulatory

Flexibility Act (RFA) (5 U.S.C. 601 et seq.), the Administrator of the

Agricultural Marketing Service (AMS), has considered the economic

impact of this final rule on small entities.

The purpose of the RFA is to fit regulatory actions to the scale of

businesses subject to such actions in order that small businesses will

not be disproportionately burdened. The Administrator of AMS has

certified that this action will not have a significant economic impact

on a substantial number of small entities as defined in the Regulatory

Flexibility Act because: (1) The changes in licensing procedures will

decrease the cottonseed sampler's paperwork burden; (2) the change in

licensing procedures will not affect competition in the marketplace;

and (3) participation in USDA's official cottonseed grading program is

voluntary.

In compliance with OMB regulations (5 CFR part 1320) which

implement the Paperwork Reduction Act (PRA) of 1980 (44 U.S.C. 3501 et

seq.), the information collection requirements contained in this final

rule for cottonseed sampler licenses have been previously approved by

the OMB and were assigned OMB control number 0581-0008 under the

Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). This final

rule would significantly reduce the information collection requirements

for 34 licensed cottonseed samplers.

The cottonseed sampler license form CN-248 requires an estimated

0.17 hours or 10.2 minutes to complete. The paperwork burden for the 34

cottonseed samplers' license renewal each year amounts to 5.78 hours.

This final rule, by requiring that licenses be renewed every 5 years,

will reduce the paperwork burden to 1.16 hours, an 80 percent

reduction.

The simplification of licensing procedures for cottonseed samplers

will become effective on July 1, 1994, so that implementation can be

coordinated with preparations for the start of the 1994 cotton harvest.

Otherwise, the cottonseed industry will not realize the full benefit of

the revisions in the first year of implementation.

USDA provides official grading of cottonseed under the authority of

the Agricultural Marketing Act of 1946 (7 U.S.C. 1624), which requires

USDA to supervise the drawing, preparation, and handling of samples

submitted for official grading. Current regulations require that

applications for initial and renewal cottonseed sampler's licenses,

both of which expire in 1 year, be accompanied by proof that the

sampler is bonded by an approved surety company, including a power of

attorney, and a small fee ($20.00 for new licenses and $18.00 for

renewals). These requirements are unnecessary for the maintenance of an

acceptable level of supervision of cottonseed sampling by USDA. In

addition, the licensing process will be simplified once these

requirements are eliminated and the license period extended to 5 years.

The licensing procedures for cotton samplers were revised similarly 15

years ago with no adverse effects to the level of supervision provided

by AMS, and this revision will make the procedures for cottonseed

sampler licensing consistent with those for cotton samplers.

Under this revision, official cottonseed samplers will still be

required to obtain a license, and sampling equipment and procedures

will continue to receive the same level of supervision from

Agricultural Marketing Service, Cotton Division personnel. The expected

effects of this final rule are that it will: (1) Decrease both the

applicant's expense and paperwork burden required for licensing; and

(2) simplify the procedures and reduce the time required by the Cotton

Division employees to process the applications and maintain license

records. While the effects are expected to be nominal in both cases,

justification for continuing the bonding requirement, license fee, and

1-year license period is not supported by experience in the supervision

of USDA's official cottonseed grading program in recent years.

Accordingly, Secs. 61.26 and 61.28, which detail the bonding

requirements for both newly issued and renewal cottonseed sampling

licenses, will be deleted.

In Sec. 61.27, the period of new and renewal licenses will be

extended from 1 to 5 years.

Sections 61.29 and 61.43, which set forth the designation of bond

approval authority and the fees for new and renewal licenses,

respectively, will be deleted.

List of Subjects in 7 CFR Part 61

Cottonseed, Reporting and recordkeeping requirements.

For the reasons set forth in the preamble, 7 CFR Part 61 will be

revised as follows:

PART 61--[AMENDED]

1. The authority citation for subpart A of part 61 continues to

read as follows:

Authority: Sec. 205, 60 Stat. 1090, as amended, (7 U.S.C. 1624).

2. Section 61.26 is removed.

3. Section 61.27 is revised to read as follows:

Sec. 61.27 Period of license; renewals.

The period for which a license may be issued under the regulations

in Secs. 61.25 through 61.42 shall be from the first day of August

following receipt of the application, and shall continue for 5 years,

ending on the 31st of July in the fifth year. Renewals shall be for 5

years also, beginning with the first day of August and ending on the

31st day of July in the fifth year: Provided, That licenses or renewals

issued on and after June 1 of any year shall be for the period ending

July 31 of the fifth year following.

Secs. 61.28, 61.29, 61.43 [Removed]

4. Sections 61.28, 61.29, and 61.43 and the heading ``Fees and

Costs'' preceding Sec. 61.43 are removed.

Dated: May 16, 1994.

Lon Hatamiya,

Administrator.

[FR Doc. 94-12377 Filed 5-19-94; 8:45 am]

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