[Federal Register Volume 65, Number 112 (Friday, June 9, 2000)]
[Rules and Regulations]
[Pages 36597-36598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14693]
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Rules and Regulations
Federal Register
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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
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Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Rules
and Regulations
[[Page 36597]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 27 and 28
[Docket No. CN-00-001]
RIN 0581-AB67
Revision of Cotton Classification Procedures for Determining
Upland Cotton Color Grade
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: The Agricultural Marketing Service (AMS) is revising the
procedure for determining the official color grade for Upland cotton.
The color grade for Upland cotton is a part of the official
classification which denotes cotton fiber quality used in the marketing
and manufacturing of cotton. Previously, the color grade was determined
by visual examination and comparison to the Official Cotton Standards
by qualified cotton classers. The revision replaces the classer's color
determination with the instrument color measurement made by the High
Volume Instrument (HVI) system used for official cotton classification
for Upland Cotton since 1991.
EFFECTIVE DATE: July 1, 2000.
FOR FURTHER INFORMATION CONTACT: Lee Cliburn, 202-720-2145.
SUPPLEMENTARY INFORMATION: A proposed rule detailing the revision was
published in the Federal Register on March 1, 2000 (65 FR 10979). A 30-
day comment period was provided for interested persons to respond to
the proposed rule. No comments were received.
This final rule has been determined to be not significant for
purposes of Executive Order 12866, therefore, it has not been reviewed
by the Office of Management and Budget (OMB).
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 which 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 in order that small businesses will
not be disproportionately burdened. There are an estimated 35,150
cotton growers, merchants, and textile manufacturers in the U.S. who
voluntarily use the AMS cotton classing services annually under the
United States Cotton Standards Act, the Cotton Statistics and Estimates
Act, and the Cotton Futures Act. The majority of these entities are
small businesses under the criteria established by the Small Business
Administration (13 CFR Sec. 121.601). The change in procedure will not
significantly affect small businesses as defined in the RFA because:
(1) Classification will continue to be based upon the Official
Standards for Upland Cotton Color Grade established and maintained by
the Department;
(2) The High Volume Instrument color measurement has been a part of
the official classification record since 1991. Implementation of the
revision for all cotton classification will not affect competition in
the marketplace or adversely impact on cotton classification fees; and
(3) The use of cotton classification services is voluntary. For the
1999 crop, 15,825,000 running bales were produced by growers, and
virtually all of them were voluntarily submitted for USDA
classification. Classification services provided for merchants and
manufacturers during the same period totaled approximately 404,000
bales.
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
amended by this final 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.).
Background
Pursuant to the authority contained in the United States Cotton
Standards Act, the Secretary of Agriculture maintains official cotton
standards of the United States and provides classification and testing
services to cotton producers, textile manufacturers, merchants, and
others in the domestic and international cotton industry. The standards
are used for the classification of American upland cotton and provide a
basis for the determination of value for commercial purposes.
Classification services provide information on quality of cotton. The
National Cotton Council represents the interests of all seven segments
of the U.S. cotton industry: growers, ginners, warehousers, merchants,
cooperatives, manufacturers, and cottonseed oil crushers.
Need for Revisions
High Volume Instrument classification was adopted for all USDA
classification of American upland cotton in 1991. The color grade is a
component of the official USDA classification. Although High Volume
Instrument colormeter readings have been reported since 1991, at the
request of the industry, USDA continued the procedure of determining
the official color grade by human cotton classers because of the
historical importance of color in determining the quality of cotton.
With the passage of time, confidence in USDA High Volume Instrument
measurements of fiber quality characteristics for classification of
cotton grew to the extent that industry representatives requested that
High Volume Instrument colormeter readings be used for the official
determination of color grade.
AMS conducted a pilot project during the 1998 and 1999 cotton
classing seasons to implement an adjustment to the existing High Volume
Instrument color measurement so that it would
[[Page 36598]]
more closely match the Official Cotton Standards used by classers for
official color grade determination. Data from the project, which the
AMS Cotton Program conducted in cooperation with the National Cotton
Council's Quality Task Force, showed that the HVI color measurement
closely matched the Official Cotton Grade Standards for color. Results
from the 1998 and 1999 crops showed that the HVI colormeter determines
Official color grades as accurately as cotton classers. In December of
1999, the National Cotton Council Quality Task Force recommended that
AMS replace the cotton classer determination with the HVI colormeter
determination for color grade. AMS will now use the HVI colormeter
determination as the official component of classification of American
Upland cotton for color grade.
For the reasons set forth above, this proposal amends the sections
in Parts 28--Cotton Classing, Testing, and Standards, Subpart A--
Regulations Under the United States Cotton Standards Act, which
establish the procedures for determining official cotton classification
based on the Official Cotton Grade Standards. Since cotton
classification services under the United States Cotton Futures Act must
conform to the requirements of the Cotton Standards Act, this final
rule also amends the sections in Part 27--Cotton Classification Under
Cotton Futures Legislation which establish the procedures for
determining cotton classification for cotton submitted for futures
certification.
Accordingly, under Part 27, in Sec. 27.2 (n), the definition of the
term ``classification'' is revised to reflect the changes in procedures
made under Part 28.
Also under Part 27, Sec. 27.31 is revised to reflect the deletion
of the requirement for cotton classers to determine color grade. The
revised heading and section reflect the changes made in procedures for
determination of cotton quality in accordance with the official
standards.
In Part 28, Sec. 28.8 is revised to reflect the change in cotton
classification procedures which replaces classer visual examinations to
fix color with instrument color measurement by High Volume Instruments.
Miscellaneous other changes are made to the sections to better reflect
current procedures in view of color determination change. For example,
those determinations made by cotton classers or by authorized Cotton
Program employees will be specified.
These changes will be made effective on July 1, 2000, when
classification of newly harvested 2000 crop cotton will begin.
List of Subjects
7 CFR Part 27
Commodity Futures, Cotton.
7 CFR Part 28
Administrative practice and procedure, Cotton, Reporting and
recordkeeping requirements, Warehouses.
For the reasons set forth in the preamble, 7 CFR parts 27 and 28 is
revised to read as follows:
PART 27--[AMENDED]
1. The authority citation for 7 CFR part 27 continues to read as
follows:
Authority: 7 U.S.C. 15b, 7 U.S.C. 4736, 7 U.S.C. 1622(g).
2. In Sec. 27.2, paragraph (n) is revised to read as follows:
Sec. 27.2 Terms defined.
* * * * *
(n) Classification. The classification of any cotton shall be
determined by the quality of a sample in accordance with Official
Cotton Standards of the United States for the color grade and the leaf
grade of American upland cotton, the length of staple, and fiber
property measurements such as micronaire. High Volume Instruments will
determine all fiber property measurements except leaf grade and
extraneous matter. High Volume Instrument colormeter measurements will
be used for determining the official color grade. Cotton classers,
designated as such by the Director, will determine the official leaf
grade and extraneous matter, and authorized Cotton Program employees
will determine all fiber property measurements using High Volume
Instruments.
* * * * *
3. Section 27.31 is revised to read as follows:
Sec. 27.31 Classification of Cotton.
For the purposes of subsection 15b (f) of the Act, classification
of cotton is the determination of the quality of a sample in accordance
with the Official Cotton Standards of the United States for the color
grade and the leaf grade of American upland cotton, the length of
staple, and fiber property measurements such as micronaire. High Volume
Instruments will determine all fiber property measurements except leaf
grade and extraneous matter. High Volume Instrument colormeter
measurements will be used for determining the official color grade.
Cotton classers, designated as such by the Director, will determine the
official leaf grade and extraneous matter, and authorized Cotton
Program employees will determine all fiber property measurements using
High Volume Instruments.
PART 28--[AMENDED]
1. The authority citation for 7 CFR part 28, Subpart A is revised
to read as follows:
Authority: 7 U.S.C. 55 and 61.
2. Section 28.8 is revised to read as follows:
Sec. 28.8 Classification of cotton; determination.
For the purposes of the Act, the classification of any cotton shall
be determined by the quality of a sample in accordance with Official
Cotton Standards of the United States for the color grade and the leaf
grade of American upland cotton, the length of staple, and fiber
property measurements such as micronaire. High Volume Instruments will
determine all fiber property measurements except leaf grade and
extraneous matter. High Volume Instrument colormeter measurements will
be used for determining the official color grade. Cotton classers will
determine the official leaf grade and extraneous matter, and authorized
Cotton Program employees will determine all fiber property measurements
using High Volume Instruments. The classification record of a classing
office or the Quality Assurance Unit with respect to any cotton shall
be deemed to be the classification record of the Department.
Dated: June 6, 2000.
Kathleen A. Merrigan,
Administrator, Agricultural Marketing Service.
[FR Doc. 00-14693 Filed 6-8-00; 8:45 am]
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