[Federal Register: August 13, 2003 (Volume 68, Number 156)]
[Proposed Rules]
[Page 48322-48326]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13au03-17]
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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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[[Page 48322]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 91 and 96
[Docket Number ST02-03]
RIN 0581-AC18
Removal of Cottonseed Chemist Licensing Program, Updating of
Commodity Laboratory and Office Addresses, and Adoption of Information
Symbols
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule with request for comments.
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SUMMARY: The Agricultural Marketing Service (AMS) proposes to remove
the cottonseed chemist licensing program and the related official
grading program. This proposed regulation would update various
commodity testing laboratory addresses and would adopt two information
symbols in the form of approved AMS shields to indicate that products
have been tested by AMS.
DATES: Comments must be received on or before September 12, 2003.
ADDRESSES: Interested persons are invited to submit comments concerning
this proposed rule. The Agency particularly invites ideas for adequate
funding so that this 67-year-old USDA user fee program may become
operational again if the cottonseed products industry shows renewed
interest. Comments should be sent in triplicate to James V. Falk,
Docket Manager, USDA, AMS, Science and Technology, 1400 Independence
Avenue, SW., Room 3521 South Agriculture Building, Mail Stop 0272,
Washington, DC 20250-0272; telephone (202) 690-4089; fax (202) 720-
4631, or e-mail: James.falk@usda.gov and should refer to the docket
title and number located in the heading of this document. Comments
received will be available for public inspection in Room 3507, South
Agriculture Building, 1400 Independence Avenue, SW., between the hours
of 10 a.m. and 4 p.m., Eastern Time, Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: James V. Falk, Docket Manager, USDA,
AMS, Science and Technology, 1400 Independence Avenue, SW., Room 3521
South Agriculture Building, Mail Stop 0272, Washington, DC 20250-0272;
telephone (202) 690-4089; fax (202) 720-4631, or e-mail:
James.falk@usda.gov.
SUPPLEMENTARY INFORMATION:
Executive Order 12866 and Executive Order 12988
This proposed rule has been determined to be not significant for
the purposes of Executive Order 12866, and therefore, has not been
reviewed by the Office of Management and Budget (OMB).
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. It is not intended to have retroactive effect. This
rule does 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 this rule or the application of its
provisions.
Regulatory Flexibility Act
Pursuant to 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
action on small entities. Even though an official cottonseed grading
certificate has not been issued since June 3, 1999, there are some
potential users available that may use the cottonseed chemist licensing
program services. Such possible users of program services include 35
oil mills, 1,400 U.S. cottonseed gins, 11 private laboratories, and
exporters. Many of these users are small entities under the criteria
established by the Small Business Administration (13 CFR 121.601).
USDA licensed cottonseed chemist program service and official
cottonseed grade determinations are provided to all businesses on a
voluntary basis and user fees to administer the program are listed in 7
CFR part 96. Any decision to discontinue the use of the official
cottonseed grading services (with a unit certificate fee) at private
laboratories and obtain new contracts with their customers based upon
unofficial grade of seed (without a fee) would not hinder the
cottonseed industry members from marketing their products. Monthly
published Marketing News reports for cottonseed are based entirely on
summary information of the quality and quantity factors and grades
obtained from all official certificates issued by licensed chemists.
There has been no official cottonseed grade certificate issued from a
licensed chemist since June 3, 1999. All cottonseed business since that
date has been based on an unofficial cottonseed grade. User fee costs
to entities would be proportional to their use of program services, so
that costs are shared equitably by all users.
The last fee increases for the USDA Cottonseed Chemist Licensing
Program services became effective on May 4, 1998 (63 FR 16370-16375).
Since June 1999, no revenue has been available to administer the
program and there has been a yearly increase in cost of living for the
Federal employee salaries and benefits that comprise 72 percent of
total program expenses. No program revenue is generated because there
has been a shift in usage patterns on the part of the cottonseed
industry for testing and grading services by chemists. The industry is
now relying entirely on an unofficial cottonseed grade certification
for their purchase and trade decisions.
Other miscellaneous and unsubstantial changes which would be made
by the proposed rule will not adversely affect users of the program
services. The addition of two information symbols in the form of
approved AMS shields and their inclusion in the regulations would not
add further costs to users of the variety of AMS Science and Technology
laboratory testing services.
Accordingly, the Administrator has determined that this rule would
not have a significant economic impact on a substantial number of small
entities.
Paperwork Reduction Act
This rule does not contain any new information collection or
recordkeeping requirements that are subject to the Office of Management
and Budget (OMB) approval under the Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35).
[[Page 48323]]
Background and Analysis of Proposal
On August 9, 1993, AMS published a rule in the Federal Register (58
FR 42408-42448) to combine AMS regulations concerning laboratory
services. The goal was to consolidate and to transfer existing
laboratory testing programs operating independently under the various
commodity programs into the Science and Technology (S&T) program,
formerly the Science Division and the Science and Technology Division
(S&TD). All divisions in the Agricultural Marketing Service (AMS) were
designated as programs by the Administrator on September 18, 1997.
The description of examination and licensure services provided in
section 91.4 needs to be broadened to include other laboratory and
testing licenses provided by the Science & Technology programs. In
addition, if the proposed rule to remove the Cottonseed Chemist
Licensing Program becomes finalized then the limited description of
services would no longer be applicable. Science & Technology Program
laboratories and facilities have undergone modernization and
consolidation since May 1998. In many instances the addresses of the
locations changed in section 91.5. A major change was the October 2002
opening of the National Science Laboratory in Gastonia, North Carolina
which now has biotechnology testing facilities
On November 1, 1999 the USDA Office of Communications approved two
information symbols in the form of AMS shields to be added to the USDA/
AMS inventory and they are acceptable for use with AMS materials. The
two approved AMS shields with the words ``USDA AMS TESTED'' and ``USDA
LABORATORY TESTED FOR EXPORT'' are proposed to be added to the
regulations in 7 CFR part 91. A major role of the Science and
Technology program for the Agency is to perform analytical testing
services of commodities. The approved AMS shields are designed to
enhance the acceptance of AMS tested agricultural commodities on a
national or international basis.
The licensed cottonseed chemist program and official grade
certification are voluntary, user fee-funded services, conducted under
the authority of the Agricultural Marketing Act of 1946, as amended (7
U.S.C. 1622, 1624). Under the current USDA program, chemists in private
laboratories are licensed to analyze cottonseed in order to certify its
quality, to access its lot potential for oil yield at seed crushing
mills, and to determine the grade of official samples of cottonseed
produced at cotton gins according to the rules, regulations and By-Laws
of the National Cottonseed Products Association (NCPA). A
representative lot of cottonseed for official grade determination is
generally limited to a maximum of 150 tons for quality concerns. An
official certificate is issued by the licensed chemist for each
official cottonseed sample at a current unit fee of $3.18 to cover the
costs of the USDA program.
The USDA licensed cottonseed chemist program originated on July 31,
1937 when a Bureau of the United States Department of Agriculture
published a rule in the Federal Register (2 FR 1348-1353) and provided
the details for the program. On August 14, 1937 the first user fee
increase for the program occurred when the issuance cost for each
certificate of the official grade of cottonseed increased from 10 cents
to 25 cents (2 FR 1400).
The regulations in 7 CFR part 96 include in subpart A the details
of the USDA cottonseed chemist licensing program (under the AMS Cotton
Division's supervision for the last time in 1988) and the applicable
user fees. In subpart B the method used to calculate official
cottonseed grade was provided.
The current fees have been in effect since May 4, 1998 (63 FR
16370-16375). The fees include $1,166 for a chemist's license
examination, $292 for a chemist's license renewal, a $3.18 fee per
official cottonseed grade certificate issued, and a $60 fee for the
review of the grading of an official lot of cottonseed. The number of
official cottonseed grade certificates issued by licensed chemists
dropped from 36,565 in fiscal year 1992 to 5,718 in early fiscal year
1999. The large decline in official cottonseed grade certificates was
due to the 40 percent divergence of cottonseed usage from human food to
dairy animal feed. In addition, many large oil mills have setup their
own laboratories to perform cottonseed quality testing and have
established trade relations with their customers based on an unofficial
grade of seed.
The S&T programs are mainly voluntary, user fee services, conducted
under the authority of the Agricultural Marketing Act of 1946, as
amended. The Act authorizes the Department to provide analytical
testing services that facilitate marketing and allow commodity products
to obtain grade designations or meet marketing standards. In addition,
the laboratory tests establish quality standards for the agricultural
commodities. The Act also requires that reasonable and reimbursable
fees be collected from users of the program services to cover, as
nearly as practicable, the costs of the services rendered to maintain
the program. At a May 1999 annual meeting, the National Cottonseed
Products Association was provided an analysis of the services the
Agency provides for the official cottonseed grade determination, and
the revisions of fees that are needed to continue services to the
extent commensurate with the actual costs. The industry expressed
strong resistance to paying the increased costs needed to provide the
official cottonseed grading service that includes official sampling
expenses. It was their recommendation to eliminate the cottonseed
chemist licensing program. In June 1999 the last official cottonseed
grade certificate was issued and no revenue has been obtained from the
USDA cottonseed chemist licensing program since that time to the
present. The program has become a financial burden to AMS. The total
obligatory cost to Science and Technology to carry the program forward
to the full completion of fiscal year (FY) 2003 would be $65,939. The
estimated cost of the program for FY 2004 would remain at $65,939. This
cost consists of $47,786 for salaries and benefits, $2,480 for USDA
blind check sample preparation, $7,101 for travel, $3,575 for rent/
utilities/communications, and $4,997 for administrative overhead. The
Agency has no projected revenue to continue the program operation using
the current user fee schedule. Hence, this rule proposes to terminate
the cottonseed chemist licensing program and to remove related official
cottonseed grading and associated fees from the regulations. This rule
proposes to remove 7 CFR part 96 in its entirety. Private or non-
government laboratories would no longer be eligible to hold USDA
cottonseed chemist licenses. There will be no need for persons to
possess official cottonseed sampler licenses or similar designations.
Marketing News for official grade cottonseed would no longer be
available.
This proposed rule would also update various commodity testing
laboratory addresses and would adopt approved AMS shields to indicate
that products have been tested by AMS. The new shields would be placed
in a new subpart together with appropriate definitions.
This proposed rule provides for a 30-day comment period. This
period is deemed appropriate in view of the need to make changes to the
regulations as soon as possible. All comments which are received during
the comment period will be considered before making any
[[Page 48324]]
final decision about the continuance or the discontinuance of official
cottonseed grading and the related USDA Cottonseed Chemist Licensing
Program.
List of Subjects
7 CFR Part 91
Administrative practice and procedure, Agricultural commodities,
Laboratories, Reporting and recordkeeping requirements.
7 CFR Part 96
Administrative practice and procedure, Agricultural commodities,
Laboratories, Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, 7 CFR part 91 is amended
as follows:
PART 91--[AMENDED]
1. The authority citation for part 91 continues to read as follows:
Authority: 7 U.S.C. 1622, 1624.
2. In Sec. 91.4, paragraph (b) is revised to read as follows:
Sec. 91.4 Kinds of services.
* * * * *
(b) Examination and licensure. The manager of a particular Science
and Technology program administers examinations and licenses analysts
in laboratories for competency in performing commodity testing
services.
* * * * *
3. Section 91.5 is revised to read as follows:
Sec. 91.5 Where services are offered.
(a) Services are offered to applicants at the Science and
Technology field service laboratories and facilities in the following
list:
(1) Science and Technology regional laboratory. A variety of tests
and laboratory analyses are available in one regional multi-
disciplinary Science and Technology (S&T) laboratory, and is located as
follows: USDA, AMS, Science and Technology, National Science
Laboratory, 801 Summit Crossing Place, Suite B, Gastonia, NC 28054-
2193.
(2) Science and Technology (S&T) satellite laboratories. The
specialty laboratories performing mycotoxin and other chemical testing
on peanuts, peanut products, dried fruits, grains, edible seeds, tree
nuts, shelled corn products, oilseed products and other commodities as
well as proximate analyses on foods are:
(i) USDA, AMS, Science & Technology, 959 North Main Street,
Blakely, GA 39823-2030.
(ii) USDA, AMS, Science & Technology, 107 South Fourth Street,
Madill, OK 73446-3431.
(iii) USDA, AMS, Science & Technology, c/o Golden Peanut Company
LLC, (Mail: P.O. Box 272; Dawson, GA 31742-0272), 715 Martin Luther
King Jr. Drive, Dawson, GA 39842-1002.
(iv) USDA, AMS, S&T, Mail: P.O. Box 1130, 308 Culloden Street,
Suffolk, VA 23434-4706.
(3) Citrus laboratory. The Science and Technology's citrus
laboratory specializes in testing citrus juices and other citrus
products and is located as follows: USDA, AMS, Science & Technology
Citrus Laboratory, 98 Third Street, SW., Winter Haven, FL 33880-2905.
(4) Program laboratories. Laboratory services are available in all
areas covered by cooperative agreements providing for this laboratory
work and entered into on behalf of the Department with cooperating
Federal or State laboratory agencies pursuant to authority contained in
Act(s) of Congress. Also, services may be provided in other areas not
covered by a cooperative agreement if the Administrator determines that
it is possible to provide such laboratory services.
(5) Other alternative laboratories. Laboratory analyses may be
conducted at alternative Science and Technology laboratories and can be
reached from any commodity market in which a laboratory facility is
located to the extent laboratory personnel are available.
(6) Science and Technology headquarters offices. The examination,
licensure, quality assurance reviews, laboratory accreditation/
certification and consultation services are provided by headquarters
staff located in Washington, DC. The main headquarters office is
located as follows: USDA, AMS, Science and Technology, Office of the
Deputy Administrator, Room 3507 South Agriculture Bldg., Mail Stop
0270, 1400 Independence Ave., SW., Washington, DC 20250-0270.
(7) The Information Technology (IT) Group. The IT office of the
Science and Technology programs is headed by the Associate Deputy
Administrator for Technology/Chief Information Officer and provides
information technology services and management systems to the Agency
and other agencies within the USDA. The main IT office is located as
follows: USDA, AMS, Science and Technology, Office of the Associate
Deputy Administrator for Technology, 1752 South Agriculture Bldg., Mail
Stop 0204, 1400 Independence Ave., SW., Washington, DC 20250-0204.
(8) Statistics Branch Office. The Statistics Branch office of
Science and Technology (S&T) provides statistical services to the
Agency and other agencies within the USDA. In addition, the Statistics
Branch office generates sample plans and performs consulting services
for research studies in joint efforts with or in a leading role with
other program areas of AMS or of the USDA. The Statistics Branch office
is located as follows: USDA, AMS, S&T Statistics Branch, 0603 South
Agriculture Bldg., Mail Stop 0223, 1400 Independence Ave., SW.,
Washington, DC 20250-0223.
(9) Technical Services Branch Office. The Technical Services Branch
office of Science and Technology (S&T) provides technical support
services to all Agency programs and other agencies within the USDA. In
addition, the Technical Services Branch office provides certification
and accreditation services of private and State government laboratories
as well as oversees quality assurance programs; import and export
certification of laboratory tested commodities. The Technical Services
Branch office is located as follows: USDA, AMS, S&T Technical Services
Branch, 3521 South Agriculture Bldg., Mail Stop 0272, 1400 Independence
Ave., SW., Washington, DC 20250-0272.
(10) Monitoring Programs Office. Services afforded by the Pesticide
Data Program (PDP) and Microbiological Data Program (MDP) are provided
by USDA, AMS, Science and Technology Monitoring Programs Office (MDP
and PDP), 8609 Sudley Road, Suite 206, Manassas, VA 20119-8411.
(11) Federal Pesticide Record Keeping Program Office. Services
afforded by the Federal Pesticide Record Keeping Program for
restricted-use pesticides by private certified applicators are provided
by USDA, AMS, Science and Technology, Pesticide Records Branch, 8609
Sudley Road, Suite 203, Manassas, VA 20110-8411. The addresses of the
various laboratories and offices appear in the pertinent parts of this
subchapter. A prospective applicant may obtain a current listing of
addresses and telephone numbers of Science and Technology laboratories,
offices, and facilities by addressing an inquiry to the Administrative
Officer, Science and Technology, Agricultural Marketing Service, United
States Department of Agriculture (USDA), 1400 Independence Ave., SW.,
Room 0725 South Agriculture Building, Mail Stop 0271, Washington, DC
20250-0271.
4. A new subpart J is added to read as follows:
[[Page 48325]]
Subpart J--Designation of Approved Symbols for Identification of
Commodities Officially Tested by AMS
Sec.
91.100 Scope.
91.101 Definitions.
91.102 Form of official identification symbols.
Sec. 91.100 Scope.
Two approved information symbols in the form of AMS shields are
available to indicate official testing by an AMS laboratory. The two
approved AMS shields with the words ``USDA AMS TESTED'' and ``USDA
LABORATORY TESTED FOR EXPORT'' are added to the USDA symbol inventory
to enhance the acceptance of AMS tested agricultural commodities on a
national or international basis.
Sec. 91.101 Definitions.
Words used in the regulations in this part in the singular form
will import the plural, and vice versa, as the case may demand. As used
throughout the regulations in this part, unless the context requires
otherwise, the following terms will be construed to mean:
AMS. The abbreviation for the Agricultural Marketing Service (AMS)
agency of the United States Department of Agriculture.
Export. To send or transport a product originally created or
manufactured in the United States of America to another country in the
course of trade.
Laboratory. An AMS Science and Technology (S&T) laboratory listed in
Sec. 91.5 that performs the official analyses.
Test. To perform chemical, microbiological, or physical analyses on a
sample to determine presence and levels or amounts of a substance or
living organism of interest.
USDA. The abbreviation for the United States Department of Agriculture.
Sec. 91.102 Form of official identification symbols.
Two information symbols in the form of AMS shields indicate
commodity testing at an AMS laboratory listed in Sec. 91.5 of this
part. The AMS shield set forth in figure 1 of this section, containing
the words ``USDA AMS TESTED'', and the shield set forth in figure 2,
containing the words ``USDA LABORATORY TESTED FOR EXPORT'' have been
approved by the USDA Office of Communications to be added to the USDA/
AMS inventory of symbols. Each example of an AMS shield has a black and
white background; however the standard red, white and blue colors are
approved for the shields. They are approved for use with AMS materials.
Shields with the same wording that are similar in form and design to
the examples in figures 1 and 2 of this section may also be used.
[GRAPHIC] [TIFF OMITTED] TP13AU03.000
[GRAPHIC] [TIFF OMITTED] TP13AU03.001
[[Page 48326]]
PART 96--[REMOVED AND RESERVED]
4. Part 96 is removed and reserved.
Dated: August 7, 2003.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 03-20563 Filed 8-12-03; 8:45 am]
BILLING CODE 3410-02-P