[Federal Register Volume 59, Number 30 (Monday, February 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3324]
[[Page Unknown]]
[Federal Register: February 14, 1994]
VOL. 59, NO. 30
Monday, February 14, 1994
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 61
[CN-93-004]
RIN 0581-AB05
Revision of Cottonseed Sampler License Procedures
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: The Agricultural Marketing Service (AMS) proposes to
restructure the procedures for licensing cottonseed samplers to draw,
prepare and submit cottonseed samples for USDA's official cottonseed
grading program. The proposed revision would significantly reduce the
paperwork burden involved in the licensing of official cottonseed
samplers by eliminating the bonding requirement and the license fee,
and extending the license period from 1 to 5 years. Under the proposed
revision, official cottonseed samplers would still be required to
obtain a license from USDA, and sampling equipment and procedures would
continue to receive the same level of supervision from AMS Cotton
Division personnel.
DATES: Comments must be received by April 15, 1994.
ADDRESSES: Comments and inquiries should be addressed to Lee Cliburn,
Cotton Division, AMS, USDA, room 2641-S, P.O. Box 96456, Washington,
D.C. 20090-6456. Comments will be available for public inspection
during regular business hours at the above office in rm. 2641-South
Building, 14th & Independence Avenue, SW., Washington, DC.
FOR FURTHER INFORMATION CONTACT: Lee Cliburn, 202-720-2145.
SUPPLEMENTARY INFORMATION: The Department is issuing this rule in
conformance with Executive Order 12866.
This proposed rule has been reviewed under Executive Order 12778,
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.
The Administrator, Agricultural Marketing Service (AMS), has
certified that this action will not have a significant economic impact
on a substantial number of small entities as defined in the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) because: (1) The proposed
changes in licensing procedures will decrease the cottonseed sampler's
paperwork burden; (2) the proposed change in licensing procedures will
not affect competition in the marketplace; and (3) participation in
USDA's official cottonseed grading program is voluntary.
The information collection requirements for cottonseed sampler
licenses contained in this proposed rule have been previously approved
by the Office of Management and Budget and assigned OMB control number
0581-0008 under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et
seq.). This proposed revision, if adopted, would significantly reduce
the information collection requirements for 34 licensed cottonseed
samplers.
The cottonseed sampler license form CN-248 requires an estimated
0.17 hours or 10.2 minutes to complete. The paperwork burden for the 34
cottonseed samplers' license renewal each year amounts to 5.78 hours.
This proposed rule, by requiring that licenses be renewed every 5
years, will reduce the paperwork burden to 1.16 hours, an 80 percent
reduction.
It is anticipated that the simplification of licensing procedures
for cottonseed samplers, if adopted, would become effective on July 1,
1994, so that implementation could be coordinated with the start of the
1994 cotton harvest.
USDA provides official grading of cottonseed under the authority of
the Agricultural Marketing Act of 1946 (7 U.S.C. 1624), which requires
USDA to supervise the drawing, preparation, and handling of samples
submitted for official grading. Current regulations require that
applications for initial and renewal cottonseed sampler's licenses,
both of which expire in 1 year, be accompanied by proof that the
sampler is bonded by an approved surety company, including a power of
attorney, and a small fee ($20.00 for new licenses and $18.00 for
renewals). These requirements are unnecessary for the maintenance of an
acceptable level of supervision of cottonseed sampling by USDA. In
addition, the licensing process would be simplified if these
requirements were eliminated and the license period extended to 5
years. The licensing procedures for cotton samplers were revised
similarly 15 years ago with no adverse effects to the level of
supervision provided by AMS, and this revision would make the
procedures for cottonseed sampler licensing consistent with those for
cotton samplers.
Under the proposed regulations, official cottonseed samplers would
still be required to obtain a license, and sampling equipment and
procedures would continue to receive the same level of supervision from
Agricultural Marketing Service, Cotton Division personnel. The expected
effects of this proposed revision would be to: (1) Decrease both the
applicant's expense and paperwork burden required for licensing; and
(2) simplify the procedures and reduce the time required by the Cotton
Division employees to process the applications and maintain license
records. While the effects on the cottonseed industry are expected to
be nominal in both cases, justification for continuing the bonding
requirement, license fee, and 1-year license period cannot be supported
by experience in the supervision of USDA's official cottonseed grading
program in recent years.
Accordingly, Secs. 61.26 and 61.28, which detail the bonding
requirements for both newly issued and renewal cottonseed sampling
licenses, would be deleted.
In Sec. 61.27, the period of new and renewal licenses would be
extended from 1 to 5 years.
Sections 61.29 and 61.43, which set forth the designation of bond
approval authority and the fees for new and renewal licenses,
respectively, would be deleted.
List of Subjects in 7 CFR Part 61
Cottonseed, Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, 7 CFR part 61 is
proposed to be amended as follows:
PART 61--[AMENDED]
1. The authority citation for subpart A of part 61 is revised to
read as follows:
Authority: 7 U.S.C. 1624.
Sec. 61.26 [Removed]
2. Section 61.26 would be removed.
3. Section 61.27 would be revised to read as follows:
Sec. 61.27 Period of license; renewals.
The period for which a license may be issued under the regulations
in Secs. 61.25 through 61.42 shall be from the first day of August
following receipt of the application, and shall continue for 5 years,
ending on the 31st of July in the fifth year. Renewals shall be for 5
years also, beginning with the first day of August and ending on the
31st day of July in the fifth year: Provided, That licenses or renewals
issued on and after June 1 of any year shall be for the period ending
July 31 of the fifth year following.
Secs. 61.28, 61.29, and 61.43 [Removed]
4. Sections 61.28, 61.29, and 61.43 would be removed.
Dated: February 7, 1994:
Lon Hatamiya,
Administrator.
[FR Doc. 94-3324 Filed 2-11-94; 8:45 am]
BILLING CODE 3410-22-P
