[Federal Register Volume 59, Number 97 (Friday, May 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12377]
[[Page Unknown]]
[Federal Register: May 20, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
7 CFR Part 61
[CN-93-004]
RIN 0581-AB05
Revision of Cottonseed Sampler License Procedures
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Agricultural Marketing Service (AMS) is making final the
restructuring of procedures for licensing cottonseed samplers to draw,
prepare and submit cottonseed samples for USDA's official cottonseed
grading program. The revision will 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. Official cottonseed samplers will
still be required to obtain a license from USDA, and sampling equipment
and procedures will continue to receive the same level of supervision
from AMS Cotton Division personnel.
EFFECTIVE DATE: July 1, 1994.
FOR FURTHER INFORMATION CONTACT: Lee Cliburn, 202-720-2145.
SUPPLEMENTARY INFORMATION: A proposed rule detailing the revisions was
published in the Federal Register on February 14, 1994, (59 FR 6914). A
60-day comment period was provided for interested persons to respond to
the proposed rule; only one comment, in support of the revisions, was
received.
This final rule has been issued in conformance with Executive Order
12866 and has been reviewed by OMB.
This final 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.
Pursuant to the requirements set forth in the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et seq.), the Administrator of the
Agricultural Marketing Service (AMS), has considered the economic
impact of this final rule on 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. The Administrator of 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 because: (1) The changes in licensing procedures will
decrease the cottonseed sampler's paperwork burden; (2) the change in
licensing procedures will not affect competition in the marketplace;
and (3) participation in USDA's official cottonseed grading program is
voluntary.
In compliance with OMB regulations (5 CFR part 1320) which
implement the Paperwork Reduction Act (PRA) of 1980 (44 U.S.C. 3501 et
seq.), the information collection requirements contained in this final
rule for cottonseed sampler licenses have been previously approved by
the OMB and were assigned OMB control number 0581-0008 under the
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). This final
rule 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 final rule, by requiring that licenses be renewed every 5 years,
will reduce the paperwork burden to 1.16 hours, an 80 percent
reduction.
The simplification of licensing procedures for cottonseed samplers
will become effective on July 1, 1994, so that implementation can be
coordinated with preparations for the start of the 1994 cotton harvest.
Otherwise, the cottonseed industry will not realize the full benefit of
the revisions in the first year of implementation.
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 will be simplified once these
requirements are 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 will make the procedures for cottonseed
sampler licensing consistent with those for cotton samplers.
Under this revision, official cottonseed samplers will still be
required to obtain a license, and sampling equipment and procedures
will continue to receive the same level of supervision from
Agricultural Marketing Service, Cotton Division personnel. The expected
effects of this final rule are that it will: (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 are expected to be nominal in both cases,
justification for continuing the bonding requirement, license fee, and
1-year license period is not 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, will be deleted.
In Sec. 61.27, the period of new and renewal licenses will 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, will 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 will be
revised as follows:
PART 61--[AMENDED]
1. The authority citation for subpart A of part 61 continues to
read as follows:
Authority: Sec. 205, 60 Stat. 1090, as amended, (7 U.S.C. 1624).
2. Section 61.26 is removed.
3. Section 61.27 is 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, 61.43 [Removed]
4. Sections 61.28, 61.29, and 61.43 and the heading ``Fees and
Costs'' preceding Sec. 61.43 are removed.
Dated: May 16, 1994.
Lon Hatamiya,
Administrator.
[FR Doc. 94-12377 Filed 5-19-94; 8:45 am]
BILLING CODE 3410-02-P
