[Federal Register Volume 60, Number 2 (Wednesday, January 4, 1995)]
[Proposed Rules]
[Page 379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-153]



 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 60, No. 2 / Wednesday, January 4, 1995 / 
Proposed Rules  
[[Page 379]]

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 75

[Docket No. LS-94-011]
RIN 0581-AB35


Increase Seed Inspection Fees

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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SUMMARY: The Agricultural Marketing Service (AMS) is proposing to 
increase the applicable fees for testing seed under the voluntary seed 
inspection and certification program. The fees which will be paid by 
the users of the service are intended to generate sufficient revenue to 
offset the costs of operating the program.

DATES: Written comments must be received by February 3, 1995.

ADDRESSES: Send written comments in duplicate to James P. Triplitt, 
Chief, Seed Regulatory and Testing Branch, Livestock and Seed Division, 
Agricultural Marketing Service, USDA, Building 506, BARC-E, Beltsville, 
Maryland 20705. Comments should reference Docket No. LS-94-011. 
Comments received will be made available for public inspection during 
regular business hours.

FOR FURTHER INFORMATION CONTACT: James P. Triplitt, Chief, Seed 
Regulatory and Testing Branch, 301-504-9430.

SUPPLEMENTARY INFORMATION: This rule has been determined to be not 
significant for the purposes of Executive Order 12866 and has not been 
reviewed by the Office of Management and Budget.
    The proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. It is not intended to have a retroactive effect. 
The 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 
judicial challenge to the provision of this rule.
    This action was also reviewed under the Regulatory Flexibility Act 
(5 U.S.C. 601 et seq.). The Administrator of AMS has determined that 
this action will not have a substantial economic impact on a 
significant number of small entities. Although some seed growers and 
shippers using this service may be classified as small entities, the 
effect of the increased fees will be minimal. Under the proposal the 
cost for a typical test will increase from about $57.00 to 
approximately $64.50. It is estimated that the total revenue generated 
by this increase will be approximately $15,000 annually.

Background

    This proposed rule is authorized by the Agricultural Marketing Act 
(AMA) of 1946, as amended, 7 USC 1621 et seq. Section 203(h) of the AMA 
authorizes the Secretary to inspect and certify the quality of 
agricultural products and collect such fees as reasonable to cover the 
cost of service rendered. This revision is to increase the fees to be 
charged for the inspection and certification of quality of agricultural 
and vegetable seeds to reflect the Department's cost of operating the 
program.
    The purpose of the voluntary program is to promote efficient, 
orderly marketing of seeds, and assist in the development of new and 
expanding markets. Under the program samples of agricultural and 
vegetable seeds submitted are tested for factors such as purity and 
germination at the request of the applicant for the service. In 
addition, grain samples, submitted at the applicant's request, by the 
Grain Inspection, Packers and Stockyards Administration are examined 
for the presence of certain weed and crop seed. A Federal Seed Analysis 
Certificate is issued giving the test results. Of 1650 samples tested 
in fiscal year 1994 most represented seed or grain scheduled for 
export. Many importing countries require a Federal Seed Analysis 
Certificate on United States seed.
    After reviewing the current costs the department has determined 
that the present fee is insufficient to cover the department's cost of 
operation. The fee increase is necessary to offset increased salaries 
and fringe benefits to personnel, as well as increases in rent and 
other costs of operating the program. Based on the Agency's analysis of 
the increased costs, AMS is proposing to increase the hourly rate for 
voluntary service from $35.40 to $40.40 per hour. In addition, the cost 
of issuing additional duplicate original certificates will be increased 
from $8.85 to $10.10. Approximately one-fourth hour is required to 
issue additional duplicate certificates.

List of Subjects in 7 CFR Part 75

    Administrative practice and procedure, Agricultural commodities, 
Reporting and record keeping requirements, Seeds, Vegetables.

    For reasons set forth in the preamble, it is proposed that 7 CFR 
Part 75 be amended as follows:

PART 75--REGULATIONS FOR INSPECTION AND CERTIFICATION OF QUALITY OF 
AGRICULTURAL AND VEGETABLE SEEDS.

    1. The authority citation for Part 75 continues to read as follows:

    Authority: Secs. 203, 205, 60 Stat. 1087, and 1090, as amended 
(7 U.S.C. 1622 and 1624).


Sec. 75.41  [Amended]

    2. Sec. 75.41 is amended by removing ``$35.40'' and adding in its 
place ``$40.40''.


Sec. 75.47  [Amended]

    3. Sec. 75.47 is amended by removing ``$8.85'' and adding in its 
place ``$10.10''.

    Dated: December 28, 1994.
Lon Hatamiya,
Administrator, Agricultural Marketing Service.
[FR Doc. 95-153 Filed 1-3-95; 8:45 am]
BILLING CODE 3410-02-P