[Federal Register Volume 59, Number 97 (Friday, May 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12377]

[[Page Unknown]]

[Federal Register: May 20, 1994]


7 CFR Part 61

RIN 0581-AB05


Revision of Cottonseed Sampler License Procedures

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.


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.


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 
    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 
    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 
    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:


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