[Federal Register Volume 72, Number 105 (Friday, June 1, 2007)]
[Rules and Regulations]
[Pages 30457-30458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10675]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 72, No. 105 / Friday, June 1, 2007 / Rules 
and Regulations  

[[Page 30457]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 28

[Docket Number: AMS-CN-07-0060; CN-07-003]
RIN 0581-AC68


User Fees for 2007 Crop Cotton Classification Services to Growers

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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

SUMMARY: The Agricultural Marketing Service (AMS) will maintain user 
fees for cotton producers for 2007 crop cotton classification services 
under the Cotton Statistics and Estimates Act at the same level as in 
2006. The fee is calculated in accordance with the formula provided in 
the Uniform Cotton Classing Fees Act of 1987. The 2006 user fee for 
this classification service was $1.85 per bale. This rule would 
maintain the fee for the 2007 crop at $1.85 per bale. The fee and the 
existing reserve are sufficient to cover the costs of providing 
classification services, including costs for administration and 
supervision.

DATES: Effective Date: July 1, 2007.

FOR FURTHER INFORMATION CONTACT: Darryl Earnest, Deputy Administrator, 
Cotton Program, AMS, USDA, Room 2639-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 April 19, 2007 (72 FR 19674). A 
15-day comment period was provided for interested persons to respond to 
the proposed rule. During the 15-day comment period, one comment was 
received. A comment was received from a producers association in 
support of the proposed rule, the continued use of the legislative 
formula for establishing the cotton user fees, and the cotton classing 
services provided.

Executive Order 12866

    This 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 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 may 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 30,000 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 121.201). Continuing the user fee at the 2006 
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 2006 
user fee for classification services was $1.85 per bale; the fee for 
the 2007 crop would be maintained at $1.85 per bale; the 2007 crop is 
estimated at 19,900,000 bales).
    (2) The fee for services will not affect competition in the 
marketplace; and
    (3) The use of classification services is voluntary. For the 2006 
crop, 21,729,000 bales were produced; and, almost 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 
2005 crop of 46.9 cents per pound, 500 pound bales of cotton are worth 
an average of $234.50 each. The proposed user fee for classification 
services, $1.85 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 rule have been previously approved by OMB and were 
assigned OMB control number 0581-AC58.

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 $1.85 per bale during the 2006 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.
    This rule establishes the user fee charged to producers for HVI 
classification at $1.85 per bale during the 2007 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 2006. Therefore, the 2007 
producer's user fee for classification service is based on the 2006 
base fee for HVI classification.
    The fee was calculated by applying the formula specified in the 
Uniform Cotton Classing Fees Act of 1987, as amended by Public Law 102-
237. The 2006 base fee for HVI classification exclusive of adjustments, 
as provided by

[[Page 30458]]

the Act, was $2.45 per bale. An increase of 2.82 percent, or 7 cents 
per bale, due to the implicit price deflator of the gross domestic 
product added to the $2.45 would result in a 2007 base fee of $2.52 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 2007 crop is estimated at 19,900,000 bales. The 
2007 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 decreased 
adjustment of 15 percent). This percentage factor amounts to a 38 cents 
per bale reduction and was subtracted from the 2007 base fee of $2.52 
per bale, resulting in a fee of $2.14 per bale.
    However, with a fee of $2.14 per bale, the projected operating 
reserve would be 37.2 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 $2.14 must be reduced by 29 cents per 
bale, to $1.85 per bale, to provide an ending accumulated operating 
reserve for the fiscal year of not more than 25 percent of the 
projected cost of operating the program. This would establish the 2007 
season fee at $1.85 per bale.
    Accordingly, Sec.  28.909, paragraph (b) would reflect the 
continuation of the HVI classification fee at $1.85 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 classification data is 
requested only once. The fee for each additional retrieval of 
classification data in Sec.  28.910 would remain at 5 cents per bale. 
The fee in Sec.  28.910(b) for an owner receiving classification data 
from the National 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 
National database for the business convenience of an owner without 
reclassification of the cotton will remain the same at 15 cents per 
bale or a minimum of $5.00 per sheet.
    The fee for review classification in Sec.  28.911 would be 
maintained at $1.85 per bale. The fee for returning samples after 
classification in Sec.  28.911 would remain at 40 cents per sample.
    Pursuant to 5 U.S.C. 553, good cause exists for not postponing the 
effective date of this rule until 30 days after publication in the 
Federal Register because this rule maintains user fees for 2007 crop 
cotton classification services under the Cotton Statistics and 
Estimates Act at the same level as in 2006 and a 15-day comment period 
was provided for public comment and one favorable comment was received.

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.


0
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 $1.85 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 $1.85 per bale.
* * * * *

    Dated: May 30, 2007.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service. 1
 [FR Doc. E7-10675 Filed 5-31-07; 8:45 am]
BILLING CODE 3410-02-P