[Federal Register Volume 60, Number 83 (Monday, May 1, 1995)]
[Rules and Regulations]
[Pages 21034-21035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10603]



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DEPARTMENT OF AGRICULTURE
7 CFR Part 75

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


Increase Seed Inspection Fees

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: The Agricultural Marketing Service (AMS) is increasing 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 
cost of operating the program.

EFFECTIVE DATE: May 31, 1995.

FOR FURTHER INFORMATION CONTACT: James P. Triplitt, Chief, Seed 
Regulatory and Testing Branch, Livestock and Seed Division, 
Agricultural Marketing Service, USDA, Building 506, BARC-E, Beltsville, 
Maryland 20705, 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.
    This 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 rule is authorized by the Agricultural Marketing Act (AMA) of 
1946, as amended, 7 U.S.C. 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 1,650 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 program'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 program costs. Based on the Agency's analysis of costs and 
revenue, AMS is proposing to increase the hourly rate for the 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.
    A proposed rule was published in the Federal Register on January 4, 
1995 (60 FR 379). Comments on the proposed [[Page 21035]] rule were 
invited from interested persons until February 3, 1995. No comments 
were received.

List of Subjects in 7 CFR Part 75

    Administrative practice and procedure, Agricultural commodities, 
Reporting and recordkeeping 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 is revised to read as 
follows:

    Authority: 7 U.S.C. 1622 and 1624.


Sec. 75.41  [Amended]

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


Sec. 75.47  [Amended]

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

    Dated: April 25, 1995.
Lon Hatamiya,
Administrator.
[FR Doc. 95-10603 Filed 4-28-95; 8:45 am]
BILLING CODE 3410-02-P