[Federal Register Volume 65, Number 112 (Friday, June 9, 2000)]
[Rules and Regulations]
[Pages 36598-36601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14694]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 28
[Docket No. CN-00-003]
RIN 0581-AB82
Grade Standards and Classification for American Pima Cotton
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: The Agricultural Marketing Service (AMS) is revising the
official standards for the grade of American Pima to provide for the
separation of
[[Page 36599]]
grade into its chief components of color and leaf. This change was
requested by representatives of the American Pima industry. Each
component of the composite grade will stand on its own so that its
effect on end use value or processing capability can be fully and
separately evaluated. The separation of grade into color and leaf will
require a change in three of the physical standards for American Pima
cotton as currently maintained by USDA. This change will enhance the
Agency's ability to provide useful and cost-effective classification,
standardization and market news services for American Pima cotton.
EFFECTIVE DATE: June 11, 2001.
FOR FURTHER INFORMATION CONTACT: Lee Cliburn, Cotton Program, AMS,
USDA, 202-720-2145.
SUPPLEMENTARY INFORMATION: A proposed rule detailing the revisions was
published in the Federal Register on April 4, 2000 (FR 65 17609). A 30-
day comment period was provided for interested persons to respond to
the proposed rule. Four comments were received asking for modifications
to section 28.522, explanatory terms of the proposed rule. Three
comments, from ginning associations, disagreed that preparation
describes the roughness or smoothness with which cotton is ginned. They
argued that the statement insinuates that ``preparation'' is a result
of the ginning of cotton, and that cotton classification can measure
the nappiness or neppiness of cotton, but cannot determine the cause of
that condition. They suggested that cultural practices in the growing
of cotton as well as harvesting of cotton can also contribute to
nappiness or neppiness. This suggestion has merit. Accordingly, the
definition of ``preparation'' has been rewritten in section 28.522 (a)
to clarify that it describes the degree of smoothness or roughness of
the ginned lint (cotton) without addressing any possible cause. The
fourth comment, from a merchant association, suggested that spindle
twist be included on the classification record. The agency agrees with
this comment and has rewritten section 28.522 (b), to add spindle twist
and preparation as explanatory terms to be entered on the
classification record.
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 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. There are an estimated 1,000
growers of Pima cotton in the U.S. who voluntarily use the AMS cotton
classing services annually, and the majority of these entities are
small businesses under the criteria established by the Small Business
Administration (13 CFR 121.201). The change in procedure will not
significantly affect small entities as defined in the RFA because:
(1) Classification will continue to be based upon the Official
Standards for American Pima Cotton established and maintained by the
Department;
(2) The change in official American Pima cotton standards will be
consistently implemented for all American Pima cotton classed by USDA,
with each component, color and leaf, standing on its own so that its
effect on end use value or processing capability can be fully and
separately evaluated. Therefore, it will not adversely affect
competition in the marketplace; and
(3) The use of cotton classification services is voluntary. In
1999, 645,000 bales of American Pima cotton were produced--the largest
Pima crop on record, and virtually all of them were submitted by
growers for USDA classification. Over the last ten years, U.S.
production of Pima has averaged 440,000 bales annually.
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 final rule have been previously approved by OMB and
were assigned OMB control number 0581-0009 under the Paperwork
Reduction Act.
Background
Pursuant to the authority contained in the United States Cotton
Standards Act (7 U.S.C. 51 et seq.), the Secretary of Agriculture
maintains official cotton standards of the United States for the grades
of American Pima cotton. These standards are used for the
classification of American Pima cotton and provide a basis for the
determination of value for commercial purposes. American Pima cotton is
extra long staple cotton--1\1/4\ to 1\9/16\ inches--from the botanical
group Gossypium barbadense, and it accounts for only 3-5 percent of the
total U.S. cotton crop each year.
The existing official cotton standards for the grades of American
Pima cotton are listed and described in the regulation at 7 CFR 28.501-
28.507. There are six physical standards represented by practical
forms, and one descriptive standard for which practical forms are not
made. The descriptive standard describes cotton which is lower in grade
than that represented by the physical standards.
The first grade standards for American Pima (American Egyptian)
cotton were promulgated by USDA in 1918. They have been revised several
times since, mainly because of changing varietal characteristics and
harvesting and ginning practices. The last complete revision of the
standards was published in the Federal Register of June 18, 1985 (50 FR
25198), and became effective in 1986.
Pursuant to the United States Cotton Standards Act, any standard
change or replacement to the standards shall become effective not less
than one year after the date promulgated. It is anticipated that the
changes proposed in this document, if adopted, would be implemented to
coincide with the beginning of the 2001 crop year.
Need for Revisions
The current classification system for American Pima combines color
and leaf and some extraneous matter into a composite grade,
complicating the individual evaluation of the two primary components of
color and leaf. Separation of the composite grade into its chief
components of color and leaf and removal of any extraneous matter from
the component standards will permit each quality factor to be
recognized clearly on its own, and its effect on end use value or
processing capability will be fully and separately evaluated.
Manufacturers will be able to determine the utility value of each
component and any premiums and discounts. American Upland cotton has
been classified by separate color and
[[Page 36600]]
leaf grades since 1993. The success of this separation for American
Upland cotton prompted the representatives of the American Pima
industry to request this change in the standards for American Pima. The
USDA's ability to provide useful and cost-effective cotton
classification, standardization, and market news services will be
enhanced by this change.
Revisions to Standards
The existing official cotton standards for the grades of American
Pima cotton listed and described in the regulations at (7 CFR 28.501-
28.507) will be revised.
There will be established seven official cotton standards for color
grades of American Pima cotton. Of these seven standards, six will be
physical standards represented by practical forms and one will be
descriptive for the lowest quality color for which practical forms are
not made. The six practical forms will have the same color ranges as
currently maintained in the corresponding physical standards for the
grades of American Pima cotton for Grade No. 1, Grade No. 2, Grade
No.3, Grade No. 4, Grade No. 5, and Grade No. 6 described at 7 CFR
28.501, 28.502, 28.503, 28.504, 28.505, and 28.506. The descriptive
color standard for which practical forms will not be made will have the
same color as currently described in the standards for the grade of
American Pima cotton for Grade No. 7 at 7 CFR 28.507, which is any
color inferior to Grade No. 6.
There will be established seven official cotton standards for leaf
grade of American Pima cotton. Of these, six will be physical standards
represented by practical forms and one will be a descriptive standard
to describe the lowest quality cotton for which practical forms will
not be made. The physical standards for leaf grades will each have the
same leaf content ranges as currently maintained in the corresponding
physical standards for the grades of American Pima cotton for Grade No.
1, Grade No. 2, Grade No.3, Grade No. 4, Grade No. 5, and Grade No. 6
described at 7 CFR 28.501, 28.502, 28.503, 28.504, 28.505, and 28.506.
Grade No. 7 is described at Sec. 28.507, and no physical standard will
be made for it because it will continue to include all ranges of leaf
content inferior to Grade No. 6. The standards for Grade No. 4, Grade
No. 5, Grade No. 6, and Grade No. 7 will also be changed to remove the
bark now present in those standards. After removal of bark from the
standards, the presence of bark, which is extraneous matter, will be
noted on classification records without regard to the grades assigned
as any other extraneous matter is listed under the current standard.
American Pima cotton will not be reduced in grade due to the presence
of any extraneous matter when it is present in any grade.
For practical considerations the color standards and the leaf
standards will be represented by the same set of physical samples.
There will be one container for Grade No. 1 Color and Grade No. 1 Leaf,
one container for Grade No. 2 Color and Grade No. 2 Leaf, one container
for Grade No. 3 Color and Grade No. 3 Leaf, one container for Grade No.
4 Color and Grade No. 4 Leaf, one container for Grade No. 5 color and
Grade No. 5 Leaf, and one container for Grade No. 6 Color and Grade No.
6 Leaf.
The definition of official standards in Sec. 28.2 (p) will be
changed to reflect the separation of color and leaf grades for American
Upland and American Pima cotton.
A new section, Sec. 28.521, will be added to state that Color Grade
designation shall be made independently of the leaf content, and Leaf
Grade designation shall be made independently of the color content.
Section 28.522 will be added for explanatory terms that include
preparation and extraneous matter.
The table of symbols and code numbers used in lieu of cotton grade
names in 7 CFR 28.525 will be revised to reflect these changes.
The changes in this document will be implemented to coincide with
the beginning of the 2001 crop year.
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.
For the reasons set out in the preamble, title 7 CFR Part 28,
subpart A and C, is amended as follows:
PART 28--COTTON CLASSING, TESTING, AND STANDARDS
1. The authority citation for 7 CFR part 28, Subpart A continues to
read as follows:
Authority: Sec. 5, 50 Stat. 62, as amended (7 U.S.C. 55); sec.
10, 42 Stat. 1519 (7 U.S.C. 61).
2. In Sec. 28.2, paragraph (p) is revised to read as follows:
Sec. 28.2 Terms defined.
* * * * *
(p) Official Cotton Standards. Official Cotton Standards of the
United States for the color grade and the leaf grade of American upland
cotton, the color grade and the leaf grade of American Pima cotton, the
length of staple, and fiber property measurements, adopted or
established pursuant to the Act, or any change or replacement thereof.
* * * * *
3. The authority citation for Part 28, Subpart C--Standards,
Official Cotton Standards of the United States for the Grade of
American Pima Cotton, will continue to read as follows:
Authority: Sections 28.501 to 28.507 and 28.511 to 28.517 issued
under Sec. 10, 42 Stat. 1519 (7 U.S.C. 61). Interpret or apply sec.
6, 42 Stat. 1518, as amended, sec. 4854, 68A Stat. 580;7 U.S.C. 56,
26 U.S.C. 4854.
4. The undesignated centerheading following Sec. 28.482 and
Secs. 28.501 through 28.507 will be revised to read as follows
[Secs. 28.508 through 28.510 continue to be reserved]:
Official Cotton Standards of the United States for the Color Grade
of American Pima Cotton
28.501 Color Grade No. 1.
28.502 Color Grade No. 2.
28.503 Color Grade No. 3.
28.504 Color Grade No. 4.
28.505 Color Grade No. 5.
28.506 Color Grade No. 6.
28.507 Color Grade No. 7.
28.508-28.510 [Reserved]
Official Cotton Standards of the United States for the Color Grade
of American Pima Cotton
Sec. 28.501 Color Grade No. 1.
Color grade No. 1 shall be American Pima cotton which in color is
within the range represented by a set of samples in the custody of the
U.S. Department of Agriculture in a container marked ``Original
Official Cotton Standards of the United States, American Pima, Color
Grade No. 1, effective July 1, 1986.''
Sec. 28.502 Color Grade No. 2.
Color grade No. 2 shall be American Pima cotton which in color is
within the range represented by a set of samples in the custody of the
U.S. Department of Agriculture in a container marked ``Original
Official Cotton Standards of the United States, American Pima, Color
Grade No. 2, effective July 1, 1986.''
Sec. 28.503 Color Grade No. 3.
Color grade No. 3 shall be American Pima cotton which in color is
within the range represented by a set of samples in the custody of the
U.S. Department of Agriculture in a container marked ``Original
Official Cotton Standards of the United States, American Pima, Color
Grade No. 3, effective July 1, 1986.''
Sec. 28.504 Color Grade No. 4.
Color grade No. 4 shall be American Pima cotton which in color is
within the range represented by a set of samples in
[[Page 36601]]
the custody of the U.S. Department of Agriculture in a container marked
``Original Official Cotton Standards of the United States, American
Pima, Color Grade No. 4, effective July 1, 1986.''
Sec. 28.505 Color Grade No. 5.
Color grade No. 5 shall be American Pima cotton which in color is
within the range represented by a set of samples in the custody of the
U.S. Department of Agriculture in a container marked ``Original
Official Cotton Standards of the United States, American Pima, Color
Grade No. 5, effective July 1, 1986.''
Sec. 28.506 Color Grade No. 6.
Color grade No. 6 shall be American Pima cotton which in color is
within the range represented by a set of samples in the custody of the
U.S. Department of Agriculture in a container marked ``Original
Official Cotton Standards of the United States, American Pima, Color
Grade No. 6, effective July 1, 1986.''
Sec. 28.507 Color Grade No. 7.
American Pima cotton which in color is inferior to Color Grade No.
6 shall be designated as ``Color Grade No. 7.''
5. An undesignated centerheading following Secs. 28.508--28.510
[Reserved] and Secs. 28.511 through 28.517 would be added to read as
follows:
Official Cotton Standards of the United States for the Leaf Grade of
American Pima Cotton
28.511 Leaf Grade No. 1.
28.512 Leaf Grade No. 2.
28.513 Leaf Grade No. 3.
28.514 Leaf Grade No. 4.
28.515 Leaf Grade No. 5.
28.516 Leaf Grade No. 6.
28.517 Leaf Grade No. 7.
Official Cotton Standards of the United States for the Leaf Grade
of American Pima Cotton
Sec. 28.511 Leaf Grade No. 1.
Leaf grade No. 1 shall be American Pima cotton which in leaf is
within the range represented by a set of samples in the custody of the
U.S. Department of Agriculture in a container marked ``Original
Official Cotton Standards of the United States, American Pima, Leaf
Grade No. 1, effective July 1, 1986.''
Sec. 28.512 Leaf Grade No. 2.
Leaf grade No. 2 shall be American Pima cotton which in leaf is
within the range represented by a set of samples in the custody of the
U.S. Department of Agriculture in a container marked ``Original
Official Cotton Standards of the United States, American Pima, Leaf
Grade No. 2, effective July 1, 1986.''
Sec. 28.513 Leaf Grade No. 3.
Leaf grade No. 3 shall be American Pima cotton which in leaf is
within the range represented by a set of samples in the custody of the
U.S. Department of Agriculture in a container marked ``Original
Official Cotton Standards of the United States, American Pima, Leaf
Grade No. 3, effective July 1, 1986.''
Sec. 28.514 Leaf Grade No. 4.
Leaf grade No. 4 shall be American Pima cotton which in leaf is
within the range represented by a set of samples in the custody of the
U.S. Department of Agriculture in a container marked ``Original
Official Cotton Standards of the United States, American Pima, Leaf
Grade No. 4, effective July 1, 2001.''
Sec. 28.515 Leaf Grade No. 5.
Leaf grade No. 5 shall be American Pima cotton which in leaf is
within the range represented by a set of samples in the custody of the
U.S. Department of Agriculture in a container marked ``Original
Official Cotton Standards of the United States, American Pima, Leaf
Grade No. 5, effective July 1, 2001.''
Sec. 28.516 Leaf Grade No. 6.
Leaf grade No. 6 shall be American Pima cotton which in leaf is
within the range represented by a set of samples in the custody of the
U.S. Department of Agriculture in a container marked ``Original
Official Cotton Standards of the United States, American Pima, Leaf
Grade No. 6, effective July 1, 2001.''
Sec. 28.517 Leaf Grade No. 7.
American Pima cotton which in leaf is inferior to Leaf Grade No. 6
shall be designated as ``Leaf Grade No. 7.''
6. An undesignated centerheading following Sec. 28.517 and
Secs. 28.521 and 28.522 would be added to read as follows:
Application of Standards and Explanatory Terms
Sec. 28.521 Application of color and leaf grade standards.
American Pima cotton which in color is within the range of the
color standards established in this part shall be designated according
to the color standard irrespective of the leaf content. American Pima
cotton which in leaf is within the range of the leaf standards
established in this part shall be designated according to the leaf
standard irrespective of the color content.
Sec. 28.522 Explanatory terms.
(a) The term preparation is used to describe the degree of
smoothness or roughness of the ginned lint. Normal preparation for any
color grade of American Pima cotton for which there is a physical color
standard shall be that found in the physical color standard. If the
preparation is other than normal, it shall be entered on the
classification record.
(b) Explanatory terms considered necessary to adequately describe
the presence of preparation, spindle twist, and extraneous matter such
as bark, grass, seed coat fragments, oil, etc. in the sample, shall be
part of the classification record.
7. The authority citation for Sec. 28.525, would continue to read
as follows:
Authority: Sec. 28.525 issued under Sec. 10, 42 Stat. 1519
(U.S.C. 61). Interpret or apply Sec. 6, 42 Stat. 1518, as amended (7
U.S.C. 56).
8. In Sec. 28.525, paragraph (d) would be redesignated as paragraph
(e), paragraph (c) would be revised, and a new paragraph (d) would be
added to read as follows:
Sec. 28.525 Symbols and code numbers.
* * * * *
(c) Symbols and Code Numbers for Color Grades of American Pima
Cotton.
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Full grade name Symbol Code No.
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Color Grade No. 1....................... AP C1 01
Color Grade No. 2....................... AP C2 02
Color Grade No. 3....................... AP C3 03
Color Grade No. 4....................... AP C4 04
Color Grade No. 5....................... AP C5 05
Color Grade No. 6....................... AP C6 06
Color Grade No. 7....................... AP C7 07
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(d) Symbols and Code Numbers for Leaf Grades of American Pima
Cotton.
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Full grade name Symbol Code No.
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Leaf Grade No. 1........................ AP L1 1
Leaf Grade No. 2........................ AP L2 2
Leaf Grade No. 3........................ AP L3 3
Leaf Grade No. 4........................ AP L4 4
Leaf Grade No. 5........................ AP L5 5
Leaf Grade No. 6........................ AP L6 6
Leaf Grade No. 7........................ AP L7 7
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* * * * *
Dated: June 6, 2000.
Kathleen A. Merrigan,
Administrator, Agricultural Marketing Service.
[FR Doc. 00-14694 Filed 6-8-00; 8:45 am]
BILLING CODE 3410-02-P