[Federal Register Volume 68, Number 99 (Thursday, May 22, 2003)]
[Rules and Regulations]
[Pages 27897-27898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12806]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 28

[CN-02-006]
RIN 0581-AC17


Revision of User Fees for 2003 Crop Cotton Classification 
Services to Growers

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: The Agricultural Marketing Service (AMS) is maintaining user 
fees for cotton producers for 2003 crop cotton classification services 
under the Cotton Statistics and Estimates Act at the same level as in 
2002. This is in accordance with the formula provided in the Uniform 
Cotton Classing Fees Act of 1987. The 2002 user fee for this 
classification service was $1.45 per bale. This final rule would 
maintain the fee for the 2003 crop at $1.45 per bale. The fee and the 
existing reserve are sufficient to cover the costs of providing 
classification services, including costs for administration and 
supervision.

EFFECTIVE DATES: July 1, 2003.

FOR FURTHER INFORMATION CONTACT: Norma McDill, Deputy Administrator, 
Cotton Program, AMS, USDA, Room 2641-S, STOP 0224, 1400 Independence 
Avenue, SW., Washington, DC 20250-0224. Telephone (202) 720-2145, 
facsimile (202) 690-1718, or e-mail [email protected].

SUPPLEMENTARY INFORMATION: A proposed rule detailing the revisions was 
published in the Federal Register on March 31, 2003. (68 FR 15385). A 
15-day comment period was provided for interested persons to respond to 
the proposed rule. No comments were received and no changes have been 
made in the provisions of the final rule.

Executive Order 12866

    This final rule has been determined to be not significant for 
purposes of Executive Order 12866; and, therefore has not been reviewed 
by the Office of Management and Budget (OMB).

Executive Order 12988

    This final 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 that 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 businesses.
    The purpose of the RFA is to fit regulatory actions to the scale of 
businesses subject to such actions so that small businesses will not be 
disproportionately burdened. There are an estimated 35,000 cotton 
growers in the U.S. who voluntarily use the AMS cotton classing 
services annually, and the majority of these cotton growers are small 
businesses under the criteria established by the Small Business 
Administration (13 CFR 121.601). Continuing the user fee at the 2002 
crop level as stated will not significantly affect small businesses as 
defined in the RFA because:
    (1) The fee represents a very small portion of the cost-per-unit 
currently borne by those entities utilizing the services. (The 2002 
user fee for classification services was $1.45 per bale; the fee for 
the 2003 crop will be maintained at $1.45 per bale; the 2003 crop is 
estimated at 17,200,000 bales).
    (2) The fee for services will not affect competition in the 
marketplace; and
    (3) The use of classification services is voluntary. For the 2002 
crop, 17,145,000 bales were produced; and, virtually all of these bales 
were voluntarily submitted by growers for the classification service.
    (4) Based on the average price paid to growers for cotton from the 
2001 crop of 29.8 cents per pound, 500 pound bales of cotton are worth 
an average of $149 each. The user fee for classification services, 
$1.45 per bale, is less than one percent of the value of an average 
bale of cotton.

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 (44 U.S.C. 3501 et seq.).

Fees for Classification Under the Cotton Statistics and Estimates Act 
of 1927

    The user fee charged to cotton producers for High Volume Instrument 
(HVI) classification services under the Cotton Statistics and Estimates 
Act (7 U.S.C. 473a) was $1.45 per bale during the 2002 harvest season 
as determined by using the formula provided in the Uniform Cotton 
Classing Fees Act of 1987, as amended by Public Law 102-237. The fees 
cover salaries, costs of equipment and supplies, and other overhead 
costs, including costs for administration, and supervision. These 
changes will be made effective July 1, 2003, as provided by the Cotton 
Statistics and Estimates Act.
    This final rule establishes the user fee charged to producers for 
HVI classification at $1.45 per bale during the 2003 harvest season.
    Public Law 102-237 amended the formula in the Uniform Cotton 
Classing Fees Act of 1987 for establishing the producer's 
classification fee so that the producer's fee is based on the 
prevailing method of classification requested by producers during the 
previous year. HVI classing was the prevailing method of cotton 
classification requested by producers in 2002. Therefore, the 2003 
producer's user fee for classification service is based on the 2002 
base fee for HVI classification.
    The fee was calculated by applying the formula specified in the 
Uniform

[[Page 27898]]

Cotton Classing Fees Act of 1987, as amended by Public Law 102-237. The 
2002 base fee for HVI classification exclusive of adjustments, as 
provided by the Act, was $2.28 per bale. An increase of .84 percent, or 
2 cents per bale, increase due to the implicit price deflator of the 
gross domestic product added to the $2.28 would result in a 2003 base 
fee of $2.30 per bale. The formula in the Act provides for the use of 
the percentage change in the implicit price deflator of the gross 
national product (as indexed for the most recent 12-month period for 
which statistics are available). However, gross national product has 
been replaced by gross domestic product by the Department of Commerce 
as a more appropriate measure for the short-term monitoring and 
analysis of the U.S. economy.
    The number of bales to be classed by the United States Department 
of Agriculture from the 2003 crop is estimated at 16,793,610 bales. The 
2003 base fee was decreased 15 percent based on the estimated number of 
bales to be classed (1 percent for every 100,000 bales or portion 
thereof above the base of 12,500,000, limited to a maximum adjustment 
of 15 percent). This percentage factor amounts to a 35 cents per bale 
reduction and was subtracted from the 2003 base fee of $2.30 per bale, 
resulting in a fee of $1.95 per bale.
    With a fee of $1.95 per bale, the projected operating reserve would 
be 51.09 percent. The Act specifies that the Secretary shall not 
establish a fee which, when combined with other sources of revenue, 
will result in a projected operating reserve of more than 25 percent. 
Accordingly, the fee of $1.95 must be reduced by 50 cents per bale, to 
$1.45 per bale, to provide an ending accumulated operating reserve for 
the fiscal year of 25 percent of the projected cost of operating the 
program. This would establish the 2003 season fee at $1.45 per bale.
    Accordingly, Sec.  28.909, paragraph (b) would be revised to 
reflect the continuation of the HVI classification fee at $1.45 per 
bale.
    As provided for in the Uniform Cotton Classing Fees Act of 1987, as 
amended, a 5 cent per bale discount would continue to be applied to 
voluntary centralized billing and collecting agents as specified in 
Sec.  28.909 (c).
    Growers or their designated agents receiving classification data 
would continue to incur no additional fees if only one method of 
receiving classification data was requested. The fee for each 
additional method of receiving classification data in Sec.  28.910 
would remain at 5 cents per bale.
    Growers or their designated agents receiving classification data 
would continue to incur no additional fees if only one method of 
receiving classification data was requested. The fee in Sec.  28.910 
(b) for an owner receiving classification data from the central 
database would remain at 5 cents per bale, and the minimum charge of 
$5.00 for services provided per monthly billing period would remain the 
same. The provisions of Sec.  28.910 (c) concerning the fee for new 
classification memoranda issued from the central database for the 
business convenience of an owner without reclassification of the cotton 
will remain the same.
    The fee for review classification in Sec.  28.911 would be 
maintained at $1.45 per bale.
    The fee for returning samples after classification in Sec.  28.911 
would remain at 40 cents per sample.

List of Subjects in 7 CFR Part 28

    Administrative practice and procedure, Cotton, Cotton samples, 
Grades, Market news, Reporting and record keeping requirements, 
Standards, Staples, Testing, Warehouses.

    For the reasons set forth in the preamble, 7 CFR Part 28 is amended 
as follows:

PART 28--[AMENDED]

0
1. The authority citation for 7 CFR Part 28, Subpart D, continues to 
read as follows:

    Authority: 7 U.S.C. 471-476.

0
2. In Sec.  28.909, paragraph (b) is revised to read as follows:


Sec.  28.909  Costs.

* * * * *
    (b) The cost of High Volume Instrument (HVI) cotton classification 
service to producers is $1.45 per bale.
* * * * *

0
3. In Sec.  28.911, the last sentence of paragraph (a) is revised to 
read as follows:


Sec.  28.911  Review classification.

    (a) *** The fee for review classification is $1.45 per bale.
* * * * *

    Dated: May 16, 2003.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 03-12806 Filed 5-21-03; 8:45 am]
BILLING CODE 3410-02-P