Revision of Cottonseed Sampler License Procedures

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 61

[CN-93-004]

RIN 0581-AB05

Revision of Cottonseed Sampler License Procedures

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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SUMMARY: The Agricultural Marketing Service (AMS) proposes to

restructure the procedures for licensing cottonseed samplers to draw,

prepare and submit cottonseed samples for USDA's official cottonseed

grading program. The proposed revision would 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. Under the proposed

revision, official cottonseed samplers would still be required to

obtain a license from USDA, and sampling equipment and procedures would

continue to receive the same level of supervision from AMS Cotton

Division personnel.

DATES: Comments must be received by April 15, 1994.

ADDRESSES: Comments and inquiries should be addressed to Lee Cliburn,

Cotton Division, AMS, USDA, room 2641-S, P.O. Box 96456, Washington,

D.C. 20090-6456. Comments will be available for public inspection

during regular business hours at the above office in rm. 2641-South

Building, 14th & Independence Avenue, SW., Washington, DC.

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

SUPPLEMENTARY INFORMATION: The Department is issuing this rule in

conformance with Executive Order 12866.

This proposed 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.

The Administrator, Agricultural Marketing Service (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 (5 U.S.C. 601 et seq.) because: (1) The proposed

changes in licensing procedures will decrease the cottonseed sampler's

paperwork burden; (2) the proposed change in licensing procedures will

not affect competition in the marketplace; and (3) participation in

USDA's official cottonseed grading program is voluntary.

The information collection requirements for cottonseed sampler

licenses contained in this proposed rule have been previously approved

by the Office of Management and Budget and assigned OMB control number

0581-0008 under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et

seq.). This proposed revision, if adopted, 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 proposed rule, by requiring that licenses be renewed every 5

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

reduction.

It is anticipated that the simplification of licensing procedures

for cottonseed samplers, if adopted, would become effective on July 1,

1994, so that implementation could be coordinated with the start of the

1994 cotton harvest.

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 would be simplified if these

requirements were 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 would make the

procedures for cottonseed sampler licensing consistent with those for

cotton samplers.

Under the proposed regulations, official cottonseed samplers would

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

procedures would continue to receive the same level of supervision from

Agricultural Marketing Service, Cotton Division personnel. The expected

effects of this proposed revision would be to: (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 on the cottonseed industry are expected to

be nominal in both cases, justification for continuing the bonding

requirement, license fee, and 1-year license period cannot be 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, would be deleted.

In Sec. 61.27, the period of new and renewal licenses would 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, would 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 is

proposed to be amended as follows:

PART 61--[AMENDED]

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

read as follows:

Authority: 7 U.S.C. 1624.

Sec. 61.26 [Removed]

2. Section 61.26 would be removed.

3. Section 61.27 would be 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, and 61.43 [Removed]

4. Sections 61.28, 61.29, and 61.43 would be removed.

Dated: February 7, 1994:

Lon Hatamiya,

Administrator.

[FR Doc. 94-3324 Filed 2-11-94; 8:45 am]

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