[Federal Register Volume 59, Number 30 (Monday, February 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3324]


[[Page Unknown]]

[Federal Register: February 14, 1994]


  
                                                    VOL. 59, NO. 30

                                          Monday, February 14, 1994
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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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