[Federal Register Volume 65, Number 65 (Tuesday, April 4, 2000)]
[Proposed Rules]
[Pages 17609-17612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8298]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 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.
 
 ========================================================================
 

  Federal Register / Vol. 65, No. 65 / Tuesday, April 4, 2000 / 
Proposed Rules  

[[Page 17609]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 28

[CN-00-003]
RIN 0581-AB82


Grade Standards and Classification for American Pima Cotton

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Agricultural Marketing Service (AMS) is proposing to 
revise the official standards for the grade of American Pima to provide 
for the separation of grade into its chief components of color and 
leaf. This change was requested by representatives of the American Pima 
industry. Each component of the composite grade would stand on its own 
so that its effect on end use value or processing capability can be 
fully and separately evaluated. The separation of grade into color and 
leaf will require a change in three of the physical standards for 
American Pima cotton as currently maintained by USDA. The proposed 
change will enhance the Agency's ability to provide useful and cost-
effective classification, standardization and market news services for 
American Pima cotton.

DATES: Comments must be received on or before close of business May 4, 
2000 to be sure of consideration.

ADDRESSES: Written comments on this proposed rule should be sent to the 
Cotton Program, AMS, USDA, Room 2641-S, P.O. Box 96456, Washington, DC 
20090-6456.

FOR FURTHER INFORMATION CONTACT: Lee Cliburn, Cotton Program, AMS, 
USDA, Room 2641-S, P.O. Box 96456, Washington, DC 20090-6456. (202-720-
2145)

SUPPLEMENTARY INFORMATION: This proposed rule has been determined to be 
not significant for purposes of Executive Order 12866, therefore, it 
has not been reviewed by the Office of Management and Budget (OMB).
    This proposed rule has been reviewed under Executive Order 12988, 
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.

Regulatory Flexibility Act

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA) (5 U.S.C. 601 et seq.) AMS has considered the economic impact 
of this action on small entities and has determined that its 
implementation will not have a significant economic impact on a 
substantial number of 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. There are an estimated 1,000 
growers of Pima cotton in the U.S. who voluntarily use the AMS cotton 
classing services annually, and the majority of these entities are 
small businesses under the criteria established by the Small Business 
Administration (13 CFR 121.201). The change in procedure will not 
significantly affect small entities as defined in the RFA because:
    (1) Classification will continue to be based upon the Official 
Standards for American Pima Cotton established and maintained by the 
Department;
    (2) The change in official American Pima cotton standards will be 
consistently implemented for all American Pima cotton classed by USDA, 
with each component, color and leaf, standing on its own so that its 
effect on end use value or processing capability can be fully and 
separately evaluated. Therefore, it will not adversely affect 
competition in the marketplace; and
    (3) The use of cotton classification services is voluntary. In 
1999, 645,000 bales of American Pima cotton were produced--the largest 
Pima crop on record, and virtually all of them were submitted by 
growers for USDA classification. Over the last ten years, U.S. 
production of Pima has averaged 440,000 bales annually.

Paperwork Reduction Act

    In compliance with OMB regulations (5 CFR part 1320) which 
implement the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), 
the information collection requirements contained in the provisions to 
be amended by this proposed rule have been previously approved by OMB 
and were assigned OMB control number 0581-0009 under the Paperwork 
Reduction Act.

Background

    Pursuant to the authority contained in the United States Cotton 
Standards Act (7 U.S.C. 51 et seq.), the Secretary of Agriculture 
maintains official cotton standards of the United States for the grades 
of American Pima cotton. These standards are used for the 
classification of American Pima cotton and provide a basis for the 
determination of value for commercial purposes. American Pima cotton is 
extra long staple cotton--1\1/4\ to 1\9/16\ inches--from the botanical 
group Gossypium barbadense, and it accounts for only 3-5 percent of the 
total U.S. cotton crop each year.
    The existing official cotton standards for the grades of American 
Pima cotton are listed and described in the regulation at 7 CFR 28.501-
28.507. There are six physical standards represented by practical 
forms, and one descriptive standard for which practical forms are not 
made. The descriptive standard describes cotton which is lower in grade 
than that represented by the physical standards.
    The first grade standards for American Pima (American Egyptian) 
cotton were promulgated by USDA in 1918. They have been revised several 
times since, mainly because of changing varietal characteristics and 
harvesting and ginning practices. The last complete revision of the 
standards was published in the Federal Register of June 18, 1985 (50 FR 
25198), and became effective in 1986.
    Pursuant to the United States Cotton Standards Act, any standard 
change or replacement to the standards shall become effective not less 
than one year after the date promulgated. It is anticipated that the 
changes proposed in this document, if adopted, would be implemented to 
coincide with the beginning of the 2001 crop year.

[[Page 17610]]

Need for Revisions

    The current classification system for American Pima combines color 
and leaf and some extraneous matter into a composite grade, 
complicating the individual evaluation of the two primary components of 
color and leaf. Separation of the composite grade into its chief 
components of color and leaf and removal of any extraneous matter from 
the component standards would permit each quality factor to be 
recognized clearly on its own, and its effect on end use value or 
processing capability could be fully and separately evaluated. 
Manufacturers would be able to determine the utility value of each 
component and any premiums and discounts. American Upland cotton has 
been classified by separate color and leaf grades since 1993. The 
success of this separation for American Upland cotton prompted the 
representatives of the American Pima industry to request this change in 
the standards for American Pima. The USDA's ability to provide useful 
and cost-effective cotton classification, standardization, and market 
news services would be enhanced by this proposed change.

Proposed Revisions

    The existing official cotton standards for the grades of American 
Pima cotton listed and described in the regulations at (7 CFR 28.501-
28.507) would be revised.
    There would be established seven official cotton standards for 
color grades of American Pima cotton. Of these seven standards, six 
would be physical standards represented by practical forms and one 
would be descriptive for the lowest quality color for which practical 
forms are not made. The six practical forms would have the same color 
ranges as currently maintained in the corresponding physical standards 
for the grades of American Pima cotton for Grade No. 1, Grade No. 2, 
Grade No. 3, Grade No. 4, Grade No. 5, and Grade No. 6 described at 7 
CFR 28.501, 28.502, 28.503, 28.504, 28.505, and 28.506. The descriptive 
color standard for which practical forms would not be made would have 
the same color as currently described in the standards for the grade of 
American Pima cotton for Grade No. 7 at 7 CFR 28.507, which is any 
color inferior to Grade No. 6.
    There would be established seven official cotton standards for leaf 
grade of American Pima cotton. Of these, six would be physical 
standards represented by practical forms and one would be a descriptive 
standard to describe the lowest quality cotton for which practical 
forms would not be made. The physical standards for leaf grades would 
each have the same leaf content ranges as currently maintained in the 
corresponding physical standards for the grades of American Pima cotton 
for Grade No. 1, Grade No. 2, Grade No. 3, Grade No. 4, Grade No. 5, 
and Grade No. 6 described at 7 CFR 28.501, 28.502, 28.503, 28.504, 
28.505, and 28.506. Grade No. 7 is described at 28.507, and no physical 
standard will be made for it because it will continue to include all 
ranges of leaf content inferior to Grade No. 6. The standards for Grade 
No. 4, Grade No. 5, Grade No. 6, and Grade No. 7 would also be changed 
to remove the bark now present in those standards. After removal of 
bark from the standards, the presence of bark, which is extraneous 
matter, would be noted on classification records without regard to the 
grades assigned as any other extraneous matter is listed under the 
current standard. American Pima cotton will not be reduced in grade due 
to the presence of any extraneous matter when it is present in any 
grade.
    For practical considerations the color standards and the leaf 
standards would be represented by the same set of physical samples. 
There would be one container for Grade No. 1 Color and Grade No. 1 
Leaf, one container for Grade No. 2 Color and Grade No. 2 Leaf, one 
container for Grade No. 3 Color and Grade No. 3 Leaf, one container for 
Grade No. 4 Color and Grade No. 4 Leaf, one container for Grade No. 5 
color and Grade No. 5 Leaf, and one container for Grade No. 6 Color and 
Grade No. 6 Leaf.
    The definition of official standards in Sec. 28.2 (p) would be 
changed to reflect the separation of color and leaf grades for American 
Upland and American Pima cotton.
    A new section, Sec. 28.521, would be added to state that Color 
Grade designation shall be made independently of the leaf content, and 
Leaf Grade designation shall be made independently of the color 
content. Section 28.522 would be added for explanatory terms that would 
include preparation and extraneous matter.
    The table of symbols and code numbers used in lieu of cotton grade 
names in 7 CFR 28.525 would be revised to reflect the proposed changes.
    Interested persons are invited to comment on the proposed changes 
to the American Pima cotton standards. A thirty day comment period is 
deemed appropriate because (1) pursuant to the United States Cotton 
Standards Act, any standard change or replacement to the standards 
shall become effective not less than one year after the date 
promulgated; and (2) it is anticipated that the changes proposed in 
this document, if adopted, would be implemented to coincide with the 
beginning of the 2001 crop year.

List of Subjects in 7 CFR Part 28

    Administrative practice and procedure, Cotton, Cotton Samples, 
Grades, Market News, Reporting and recordkeeping requirements, 
Standards, Staples, Testing, Warehouses.
    For the reasons set out in the preamble, it is proposed to amend 
title 7 CFR part 28, subpart A and C as follows:
    1. The authority citation for 7 CFR part 28, Subpart A continues to 
read as follows:

    Authority: Sec. 5, 50 Stat. 62, as amended (7 U.S.C. 55); sec. 
10, 42 Stat. 1519 (7 U.S.C. 61).

    2. In Sec. 28.2, paragraph (p) is revised to read as follows:


Sec. 28.2  Terms defined.

* * * * *
    (p) Official Cotton Standards. Official Cotton Standards of the 
United States for the color grade and the leaf grade of American upland 
cotton, the color grade and the leaf grade of American Pima cotton, the 
length of staple, and fiber property measurements, adopted or 
established pursuant to the Act, or any change or replacement thereof.
* * * * *
    3. The authority citation for Part 28, Subpart C--Standards, 
Official Cotton Standards of the United States for the Grade of 
American Pima Cotton, would continue to read as follows:

    Authority: Sections 28.501 to 28.507 and 28.511 to 28.517 issued 
under Sec. 10, 42 Stat. 1519 (7 U.S.C. 61). Interpret or apply sec. 
6, 42 Stat. 1518, as amended, sec. 4854, 68A Stat. 580; 7 U.S.C. 56, 
26 U.S.C. 4854.

    4. The undesignated centerheading following Sec. 28.482 and 
Secs. 28.501 through 28.507 would be revised to read as follows 
(Secs. 25.508 through 25.510 continue to be reserved):

Official Cotton Standards of the United States for the Color Grade of 
American Pima Cotton

28.501 Color Grade No. 1.
28.502 Color Grade No. 2.
28.503 Color Grade No. 3.
28.504 Color Grade No. 4.
28.505 Color Grade No. 5.
28.506 Color Grade No. 6.
28.507 Color Grade No. 7.
28.508--28.510 [Reserved]

Official Cotton Standards of the United States for the Color Grade 
of American Pima Cotton


Sec. 28.501  Color Grade No. 1.

    Color grade No. 1 shall be American Pima cotton which in color is 
within the range represented by a set of samples in

[[Page 17611]]

the custody of the U. S. Department of Agriculture in a container 
marked ``Original Official Cotton Standards of the United States, 
American Pima, Color Grade No. 1, effective July 1, 1986.''


Sec. 28.502  Color Grade No. 2.

    Color grade No. 2 shall be American Pima cotton which in color is 
within the range represented by a set of samples in the custody of the 
U. S. Department of Agriculture in a container marked ``Original 
Official Cotton Standards of the United States, American Pima, Color 
Grade No. 2, effective July 1, 1986.''


Sec. 28.503  Color Grade No. 3.

    Color grade No. 3 shall be American Pima cotton which in color is 
within the range represented by a set of samples in the custody of the 
U. S. Department of Agriculture in a container marked ``Original 
Official Cotton Standards of the United States, American Pima, Color 
Grade No. 3, effective July 1, 1986.''


Sec. 28.504  Color Grade No. 4.

    Color grade No. 4 shall be American Pima cotton which in color is 
within the range represented by a set of samples in the custody of the 
U. S. Department of Agriculture in a container marked ``Original 
Official Cotton Standards of the United States, American Pima, Color 
Grade No. 4, effective July 1, 1986.''


Sec. 28.505  Color Grade No. 5.

    Color grade No. 5 shall be American Pima cotton which in color is 
within the range represented by a set of samples in the custody of the 
U. S. Department of Agriculture in a container marked ``Original 
Official Cotton Standards of the United States, American Pima, Color 
Grade No. 5, effective July 1, 1986.''


Sec. 28.506  Color Grade No. 6.

    Color grade No. 6 shall be American Pima cotton which in color is 
within the range represented by a set of samples in the custody of the 
U. S. Department of Agriculture in a container marked ``Original 
Official Cotton Standards of the United States, American Pima, Color 
Grade No. 6, effective July 1, 1986.''


Sec. 28.507  Color Grade No. 7.

    American Pima cotton which in color is inferior to Color Grade No. 
6 shall be designated as ``Color Grade No. 7.''
    5. An undesignated centerheading following Secs. 28.508-28.510 
[Reserved] and Secs. 28.511 through 28.517 would be added to read as 
follows:

Official Cotton Standards of the United States for the Leaf Grade of 
American Pima Cotton

28.511 Leaf Grade No. 1.
28.512 Leaf Grade No. 1.
28.513 Leaf Grade No. 1.
28.514 Leaf Grade No. 1.
28.515 Leaf Grade No. 1.
28.516 Leaf Grade No. 1.
28.517 Leaf Grade No. 1.

Official Cotton Standards of the United States for the Leaf Grade 
of American Pima Cotton


Sec. 28.511  Leaf Grade No. 1.

    Leaf grade No. 1 shall be American Pima cotton which in leaf is 
within the range represented by a set of samples in the custody of the 
U. S. Department of Agriculture in a container marked ``Original 
Official Cotton Standards of the United States, American Pima, Leaf 
Grade No. 1, effective July 1, 1986.''


Sec. 28.512  Leaf Grade No. 2.

    Leaf grade No. 2 shall be American Pima cotton which in leaf is 
within the range represented by a set of samples in the custody of the 
U. S. Department of Agriculture in a container marked ``Original 
Official Cotton Standards of the United States, American Pima, Leaf 
Grade No. 2, effective July 1, 1986.''


Sec. 28.513  Leaf Grade No. 3.

    Leaf grade No. 3 shall be American Pima cotton which in leaf is 
within the range represented by a set of samples in the custody of the 
U. S. Department of Agriculture in a container marked ``Original 
Official Cotton Standards of the United States, American Pima, Leaf 
Grade No. 3, effective July 1, 1986.''


Sec. 28.514  Leaf Grade No. 4.

    Leaf grade No. 4 shall be American Pima cotton which in leaf is 
within the range represented by a set of samples in the custody of the 
U. S. Department of Agriculture in a container marked ``Original 
Official Cotton Standards of the United States, American Pima, Leaf 
Grade No. 4, effective July 1, 2001.''


Sec. 28.515  Leaf Grade No. 5.

    Leaf grade No. 5 shall be American Pima cotton which in leaf is 
within the range represented by a set of samples in the custody of the 
U. S. Department of Agriculture in a container marked ``Original 
Official Cotton Standards of the United States, American Pima, Leaf 
Grade No. 5, effective July 1, 2001.''


Sec. 28.516  Leaf Grade No. 6.

    Leaf grade No. 6 shall be American Pima cotton which in leaf is 
within the range represented by a set of samples in the custody of the 
U. S. Department of Agriculture in a container marked ``Original 
Official Cotton Standards of the United States, American Pima, Leaf 
Grade No. 6, effective July 1, 2001.''


Sec. 28.517  Leaf Grade No. 7.

    American Pima cotton which in leaf is inferior to Leaf Grade No. 6 
shall be designated as ``Leaf Grade No. 7.''
    6. An undesignated centerheading following Sec. 28.517 and 
Secs. 28.521 and 28.522 would be added to read as follows:

Application of Standards and Explanatory Terms

28.521 Application of color and leaf grade standards
28.522 Explanatory terms

Application of Standards and Explanatory Terms


Sec. 28.521  Application of color and leaf grade standards.

    American Pima cotton which in color is within the range of the 
color standards established in this part shall be designated according 
to the color standard irrespective of the leaf content. American Pima 
cotton which in leaf is within the range of the leaf standards 
established in this part shall be designated according to the leaf 
standard irrespective of the color content.


Sec. 28.522  Explanatory terms.

    (a) The term preparation is used to describe the degree of 
smoothness or roughness with which cotton in ginned and the relative 
neppiness or nappiness of the ginned lint. Normal preparation for any 
color grade of American Pima cotton for which there is a physical color 
standard shall be that found in the physical color standard. If the 
prep is other than normal, it shall be entered on the classification 
record.
    (b) Presence of extraneous matter, such as bark, grass, oil, etc. 
in the sample, shall be noted. Explanatory terms considered necessary 
to adequately describe the presence of the extraneous matter will be 
entered on the classification record.
    7. The authority citation for Sec. 28.525, would continue to read 
as follows:

    Authority: Sec. 28.525 issued under Sec. 10, 42 Stat. 1519 
(U.S.C. 61). Interpret or apply Sec. 6, 42 Stat. 1518, as amended (7 
U.S.C. 56).
    8. In Sec. 28.525, paragraph (d) would be redesignated as paragraph 
(e), paragraph (c) would be revised, and a new paragraph (d) would be 
added to read as follows:


Sec. 28.525  Symbols and code numbers.

* * * * *
    (c) Symbols and Code Numbers for Color Grades of American Pima 
Cotton.
* * * * *

[[Page 17612]]



------------------------------------------------------------------------
            Full grade name                    Symbol          Code No.
------------------------------------------------------------------------
Color Grade No. 1.....................  AP C1                         01
Color Grade No. 2.....................  AP C2                         02
Color Grade No. 3.....................  AP C3                         03
Color Grade No. 4.....................  AP C4                         04
Color Grade No. 5.....................  AP C5                         05
Color Grade No. 6.....................  AP C6                         06
Color Grade No. 7.....................  AP C7                         07
------------------------------------------------------------------------

    (d) Symbols and Code Numbers for Leaf Grades of American Pima 
Cotton.

------------------------------------------------------------------------
            Full grade name                    Symbol          Code No.
------------------------------------------------------------------------
Leaf Grade No. 1......................  AP L1                          1
Leaf Grade No. 2......................  AP L2                          2
Leaf Grade No. 3......................  AP L3                          3
Leaf Grade No. 4......................  AP L4                          4
Leaf Grade No. 5......................  AP L5                          5
Leaf Grade No. 6......................  AP L6                          6
Leaf Grade No. 7......................  AP L7                          7
------------------------------------------------------------------------

* * * * *

    Dated: March 30, 2000.
Kathleen A. Merrigan,
Administrator, Agricultural Marketing Service.
[FR Doc. 00-8298 Filed 4-3-00; 8:45 am]
BILLING CODE 3410-02-P