[Federal Register Volume 60, Number 2 (Wednesday, January 4, 1995)]
[Proposed Rules]
[Page 379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-153]
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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.
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Federal Register / Vol. 60, No. 2 / Wednesday, January 4, 1995 /
Proposed Rules
[[Page 379]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 75
[Docket No. LS-94-011]
RIN 0581-AB35
Increase Seed Inspection Fees
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: The Agricultural Marketing Service (AMS) is proposing to
increase the applicable fees for testing seed under the voluntary seed
inspection and certification program. The fees which will be paid by
the users of the service are intended to generate sufficient revenue to
offset the costs of operating the program.
DATES: Written comments must be received by February 3, 1995.
ADDRESSES: Send written comments in duplicate to James P. Triplitt,
Chief, Seed Regulatory and Testing Branch, Livestock and Seed Division,
Agricultural Marketing Service, USDA, Building 506, BARC-E, Beltsville,
Maryland 20705. Comments should reference Docket No. LS-94-011.
Comments received will be made available for public inspection during
regular business hours.
FOR FURTHER INFORMATION CONTACT: James P. Triplitt, Chief, Seed
Regulatory and Testing Branch, 301-504-9430.
SUPPLEMENTARY INFORMATION: This rule has been determined to be not
significant for the purposes of Executive Order 12866 and has not been
reviewed by the Office of Management and Budget.
The proposed rule has been reviewed under Executive Order 12778,
Civil Justice Reform. It is not intended to have a retroactive effect.
The 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
judicial challenge to the provision of this rule.
This action was also reviewed under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.). The Administrator of AMS has determined that
this action will not have a substantial economic impact on a
significant number of small entities. Although some seed growers and
shippers using this service may be classified as small entities, the
effect of the increased fees will be minimal. Under the proposal the
cost for a typical test will increase from about $57.00 to
approximately $64.50. It is estimated that the total revenue generated
by this increase will be approximately $15,000 annually.
Background
This proposed rule is authorized by the Agricultural Marketing Act
(AMA) of 1946, as amended, 7 USC 1621 et seq. Section 203(h) of the AMA
authorizes the Secretary to inspect and certify the quality of
agricultural products and collect such fees as reasonable to cover the
cost of service rendered. This revision is to increase the fees to be
charged for the inspection and certification of quality of agricultural
and vegetable seeds to reflect the Department's cost of operating the
program.
The purpose of the voluntary program is to promote efficient,
orderly marketing of seeds, and assist in the development of new and
expanding markets. Under the program samples of agricultural and
vegetable seeds submitted are tested for factors such as purity and
germination at the request of the applicant for the service. In
addition, grain samples, submitted at the applicant's request, by the
Grain Inspection, Packers and Stockyards Administration are examined
for the presence of certain weed and crop seed. A Federal Seed Analysis
Certificate is issued giving the test results. Of 1650 samples tested
in fiscal year 1994 most represented seed or grain scheduled for
export. Many importing countries require a Federal Seed Analysis
Certificate on United States seed.
After reviewing the current costs the department has determined
that the present fee is insufficient to cover the department's cost of
operation. The fee increase is necessary to offset increased salaries
and fringe benefits to personnel, as well as increases in rent and
other costs of operating the program. Based on the Agency's analysis of
the increased costs, AMS is proposing to increase the hourly rate for
voluntary service from $35.40 to $40.40 per hour. In addition, the cost
of issuing additional duplicate original certificates will be increased
from $8.85 to $10.10. Approximately one-fourth hour is required to
issue additional duplicate certificates.
List of Subjects in 7 CFR Part 75
Administrative practice and procedure, Agricultural commodities,
Reporting and record keeping requirements, Seeds, Vegetables.
For reasons set forth in the preamble, it is proposed that 7 CFR
Part 75 be amended as follows:
PART 75--REGULATIONS FOR INSPECTION AND CERTIFICATION OF QUALITY OF
AGRICULTURAL AND VEGETABLE SEEDS.
1. The authority citation for Part 75 continues to read as follows:
Authority: Secs. 203, 205, 60 Stat. 1087, and 1090, as amended
(7 U.S.C. 1622 and 1624).
Sec. 75.41 [Amended]
2. Sec. 75.41 is amended by removing ``$35.40'' and adding in its
place ``$40.40''.
Sec. 75.47 [Amended]
3. Sec. 75.47 is amended by removing ``$8.85'' and adding in its
place ``$10.10''.
Dated: December 28, 1994.
Lon Hatamiya,
Administrator, Agricultural Marketing Service.
[FR Doc. 95-153 Filed 1-3-95; 8:45 am]
BILLING CODE 3410-02-P
