User Fees for 2011 Crop Cotton Classification Services to Growers, 25533-25534 [2011-11047]
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25533
Rules and Regulations
Federal Register
Vol. 76, No. 87
Thursday, May 5, 2011
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 under
50 titles pursuant to 44 U.S.C. 1510.
industry organizations in support of the
service and the decision to maintain the
fee at the level established for the 2010
crop.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866; and, therefore
has not been reviewed by the Office of
Management and Budget (OMB).
DEPARTMENT OF AGRICULTURE
Executive Order 12988
This final rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. It is not intended to
have retroactive effect. There are no
administrative procedures that must be
exhausted prior to any judicial
challenge to the provisions of this rule.
Agricultural Marketing Service
7 CFR Part 28
[AMS–CN–10–0111; CN–11–001]
RIN 0581–AD11
Regulatory Flexibility Act
User Fees for 2011 Crop Cotton
Classification Services to Growers
AGENCY:
Agricultural Marketing Service,
USDA.
ACTION:
Final rule.
The Agricultural Marketing
Service (AMS) will maintain user fees
for cotton producers for 2011 crop
cotton classification services under the
Cotton Statistics and Estimates Act at
the same level as in 2010. These fees are
also authorized under the Cotton
Standards Act of 1923. The 2010 crop
user fee was $2.20 per bale, and this
rule will continue the fee for the 2011
cotton crop at that same level. This fee
and the existing reserve are sufficient to
cover the costs of providing
classification services for the 2011 crop,
including costs for administration and
supervision.
SUMMARY:
DATES:
Effective Date: May 6, 2011.
FOR FURTHER INFORMATION CONTACT:
Darryl Earnest, Deputy Administrator,
Cotton and Tobacco Programs, AMS,
USDA, Room 2635–S, STOP 0224, 1400
Independence Avenue, SW.,
Washington, DC 20250–0224.
Telephone (202) 720–3193, facsimile
(202) 690–1718, or e-mail
darryl.earnest@ams.usda.gov.
A
proposed rule detailing the revisions
was published in the Federal Register
on March 23, 2011 (76 FR 16321). A
15-day comment period was provided
for interested persons to respond to the
proposed rule. Three comments were
received from three national cotton
jlentini on DSKJ8SOYB1PROD with RULES
SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
16:41 May 04, 2011
Jkt 223001
Executive Order 12866
Pursuant to requirements set forth in
the Regulatory Flexibility Act (RFA) (5
U.S.C. 601–612), 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 so
that small businesses will not be
disproportionately burdened. There are
an estimated 25,000 cotton growers in
the U.S. who voluntarily use the AMS
cotton classing services annually, and
the majority of these cotton growers are
small businesses under the criteria
established by the Small Business
Administration (13 CFR 121.201).
Continuing the user fee at the 2010 crop
level as stated will not significantly
affect small businesses as defined in the
RFA because:
(1) The fee represents a very small
portion of the cost-per-unit currently
borne by those entities utilizing the
services. (The 2010 user fee for
classification services was $2.20 per
bale; the fee for the 2011 crop would be
maintained at $2.20 per bale; the 2011
crop is estimated at 16,500,000 bales;
(2) The fee for services will not affect
competition in the marketplace;
(3) The use of classification services is
voluntary. For the 2010 crop, 17,611,000
bales were produced; and, almost all of
these bales were voluntarily submitted
by growers for the classification service;
and
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
(4) Based on the average price paid to
growers for cotton from the 2009 crop of
0.6210 cents per pound, 500 pound
bales of cotton are worth an average of
$311 each. The user fee for classification
services, $2.20 per bale, is less than one
percent of the value of an average bale
of cotton.
Paperwork Reduction Act
In compliance with OMB regulations
(5 CFR part 1320) which implement the
Paperwork Reduction Act (PRA) (44
U.S.C. 3501), 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–AC43.
Fees for Classification Under the Cotton
Statistics and Estimates Act of 1927
This final rule maintains the user fee
charged to producers for cotton
classification at $2.20 per bale for the
2011 cotton crop. The 2011 user fee
charged to farmers was calculated using
new methodology, as was required by
section 14201 of the Food,
Conservation, and Energy Act of 2008
(Pub. L. 110–234) (2008 Farm Bill). Prior
to the changes made by the 2008 Farm
Bill, the fee was determined using a
user-fee formula mandated in the
Uniform Cotton Classing Fees Act of
1987, as amended (Pub. L. 100–108,
728) (1987 Act). This formula used the
previous year’s base fee that was
adjusted for inflation and economies of
size (1 percent decrease/increase for
every 100,000 bales above/below 12.5
million bales with maximum
adjustment being ± 15 percent). The
user fee was then further adjusted to
comply with operating reserve
constraints (between 10 and 25 percent
of projected operating costs) specified
by the 1987 Act.
Section 14201 of the 2008 Farm Bill
provides that: (1) The Secretary shall
make available cotton classification
services to producers of cotton, and
provide for the collection of
classification fees from participating
producers or agents that voluntarily
agree to collect and remit the fees on
behalf of the producers; (2)
classification fees collected and the
proceeds from the sales of samples
submitted for classification shall, to the
extent practicable, be used to pay the
cost of the services provided, including
administrative and supervisory costs; (3)
E:\FR\FM\05MYR1.SGM
05MYR1
jlentini on DSKJ8SOYB1PROD with RULES
25534
Federal Register / Vol. 76, No. 87 / Thursday, May 5, 2011 / Rules and Regulations
the Secretary shall announce a uniform
classification fee and any applicable
surcharge for classification services not
later than June 1 of the year in which
the fee applies; and (4) in establishing
the amount of fees under this section,
the Secretary shall consult with
representatives of the United States
cotton industry. At pages 313–314, the
Joint Explanatory Statement of the
committee of conference for section
14201 stated the expectation that the
cotton classification fee would be
established in the same manner as was
applied during the 1992 through 2007
fiscal years. The classification fee
should continue to be a basic, uniform
fee per bale fee as determined necessary
to maintain cost-effective cotton
classification service. Further, in
consulting with the cotton industry, the
Secretary should demonstrate the level
of fees necessary to maintain effective
cotton classification services and
provide the Department of Agriculture
with an adequate operating reserve,
while also working to limit adjustments
in the year-to-year fee.
Under the provisions of section
14201, this final rule establishes a user
fee (dollars per bale classed) for the
2011 cotton crop that, when combined
with other sources of revenue, will
result in projected revenues sufficient to
reasonably cover budgeted costs—
adjusted for inflation—and allow for
adequate operating reserves to be
maintained. Costs considered in this
method include salaries, costs of
equipment and supplies, and other
overhead costs, such as facility costs
and costs for administration and
supervision. In addition to covering
expected costs, the user fee is set such
that projected revenues will generate an
operating reserve adequate to effectively
manage uncertainties related to crop
size and cash-flow timing while meeting
minimum reserve requirements set by
the Agricultural Marketing Service,
which require maintenance of a reserve
fund amount equal to four months of
projected operating costs.
Extensive consultations regarding the
establishment of the classification fee
with U.S. cotton industry
representatives were held during the
period from September 2010 through
March 2011 during numerous publicly
held meetings. Representatives of all
segments of the cotton industry,
including producers, ginners, bale
storage facility operators, merchants,
cooperatives, and textile manufacturers
were addressed in various industrysponsored forums.
The user fee established to be charged
cotton producers for cotton
classification in 2011 is $2.20 per bale,
VerDate Mar<15>2010
16:41 May 04, 2011
Jkt 223001
which is the same fee charged for the
2010 crop. This fee is based on the preseason projection that 16.5 million bales
will be classed by the United States
Department of Agriculture during the
2011 crop year.
Accordingly, § 28.909, paragraph (b)
will reflect the continuation of the
cotton classification fee at $2.20 per
bale.
As provided for in the 1987 Act, a
5 cent per bale discount will continue
to be applied to voluntary centralized
billing and collecting agents as specified
in § 28.909(c).
Growers or their designated agents
receiving classification data will
continue to incur no additional fees if
classification data is requested only
once. The fee for each additional
retrieval of classification data in
§ 28.910 will remain at 5 cents per bale.
The fee in § 28.910(b) for an owner
receiving classification data from the
National database will remain at 5 cents
per bale, and the minimum charge of
$5.00 for services provided per monthly
billing period will remain the same. The
provisions of § 28.910(c) concerning the
fee for new classification memoranda
issued from the National Database for
the business convenience of an owner
without reclassification of the cotton
will remain the same at 15 cents per
bale or a minimum of $5.00 per sheet.
The fee for review classification in
§ 28.911 will remain at $2.20 per bale.
The fee for returning samples after
classification in § 28.911 will remain at
50 cents per sample.
Pursuant to 5 U.S.C. 533, good cause
exists for not postponing the effective
date of this final rule until 30 days after
publication in the Federal Register
because this rule maintains uniform
user fees for 2011 crop cotton
classification services as mandated by
the Cotton Statistics and Estimates Act,
at the same level as 2010.
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 forth in the
preamble, 7 CFR part 28 is amended to
read as follows:
PART 28—[AMENDED]
1. The authority citation for 7 CFR
part 28, Subpart D, continues to read as
follows:
■
Authority: 7 U.S.C. 51–65; 7 U.S.C. 471–
476.
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
2. In § 28.909, paragraph (b) is
republished to read as follows:
■
§ 28.909
Costs.
*
*
*
*
*
(b) The cost of High Volume
Instrument (HVI) cotton classification
service to producers is $2.20 per bale.
*
*
*
*
*
■ 3. In § 28.911, the last sentence of
paragraph (a) is republished to read as
follows:
§ 28.911
Review classification.
(a) * * * The fee for review
classification is $2.20 per bale.
*
*
*
*
*
Dated: April 29, 2011.
David R. Shipman,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2011–11047 Filed 5–4–11; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–0113; Directorate
Identifier 2008–NE–25–AD; Amendment 39–
16602; AD 2011–04–02]
RIN 2120–AA64
Airworthiness Directives; Hamilton
Sundstrand Propellers Model 247F
Propellers
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; correction.
AGENCY:
The FAA is correcting an
airworthiness directive (AD) that
published in the Federal Register. That
AD applies to the products listed above.
The blade part number (P/N) 817370–1
in the SUPPLEMENTARY INFORMATION, the
Applicability, and the Compliance
sections is incorrect. We are also adding
a statement to the Compliance section to
clarify the applicability. This document
corrects those errors. In all other
respects, the original document remains
the same.
DATES: This final rule is effective May 5,
2011.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov; or in person at the
Docket Management Facility between
9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this AD, the regulatory
evaluation, any comments received, and
other information. The address for the
SUMMARY:
E:\FR\FM\05MYR1.SGM
05MYR1
Agencies
[Federal Register Volume 76, Number 87 (Thursday, May 5, 2011)]
[Rules and Regulations]
[Pages 25533-25534]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11047]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
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
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 76, No. 87 / Thursday, May 5, 2011 / Rules
and Regulations
[[Page 25533]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 28
[AMS-CN-10-0111; CN-11-001]
RIN 0581-AD11
User Fees for 2011 Crop Cotton Classification Services to Growers
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Agricultural Marketing Service (AMS) will maintain user
fees for cotton producers for 2011 crop cotton classification services
under the Cotton Statistics and Estimates Act at the same level as in
2010. These fees are also authorized under the Cotton Standards Act of
1923. The 2010 crop user fee was $2.20 per bale, and this rule will
continue the fee for the 2011 cotton crop at that same level. This fee
and the existing reserve are sufficient to cover the costs of providing
classification services for the 2011 crop, including costs for
administration and supervision.
DATES: Effective Date: May 6, 2011.
FOR FURTHER INFORMATION CONTACT: Darryl Earnest, Deputy Administrator,
Cotton and Tobacco Programs, AMS, USDA, Room 2635-S, STOP 0224, 1400
Independence Avenue, SW., Washington, DC 20250-0224. Telephone (202)
720-3193, facsimile (202) 690-1718, or e-mail
darryl.earnest@ams.usda.gov.
SUPPLEMENTARY INFORMATION: A proposed rule detailing the revisions was
published in the Federal Register on March 23, 2011 (76 FR 16321). A
15-day comment period was provided for interested persons to respond to
the proposed rule. Three comments were received from three national
cotton industry organizations in support of the service and the
decision to maintain the fee at the level established for the 2010
crop.
Executive Order 12866
This final rule has been determined to be not significant for
purposes of Executive Order 12866; and, therefore has not been reviewed
by the Office of Management and Budget (OMB).
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. It is not intended to have retroactive effect.
There are no administrative procedures that 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. 601-612), 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 so that small businesses will not be
disproportionately burdened. There are an estimated 25,000 cotton
growers in the U.S. who voluntarily use the AMS cotton classing
services annually, and the majority of these cotton growers are small
businesses under the criteria established by the Small Business
Administration (13 CFR 121.201). Continuing the user fee at the 2010
crop level as stated will not significantly affect small businesses as
defined in the RFA because:
(1) The fee represents a very small portion of the cost-per-unit
currently borne by those entities utilizing the services. (The 2010
user fee for classification services was $2.20 per bale; the fee for
the 2011 crop would be maintained at $2.20 per bale; the 2011 crop is
estimated at 16,500,000 bales;
(2) The fee for services will not affect competition in the
marketplace;
(3) The use of classification services is voluntary. For the 2010
crop, 17,611,000 bales were produced; and, almost all of these bales
were voluntarily submitted by growers for the classification service;
and
(4) Based on the average price paid to growers for cotton from the
2009 crop of 0.6210 cents per pound, 500 pound bales of cotton are
worth an average of $311 each. The user fee for classification
services, $2.20 per bale, is less than one percent of the value of an
average bale of cotton.
Paperwork Reduction Act
In compliance with OMB regulations (5 CFR part 1320) which
implement the Paperwork Reduction Act (PRA) (44 U.S.C. 3501), 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-AC43.
Fees for Classification Under the Cotton Statistics and Estimates Act
of 1927
This final rule maintains the user fee charged to producers for
cotton classification at $2.20 per bale for the 2011 cotton crop. The
2011 user fee charged to farmers was calculated using new methodology,
as was required by section 14201 of the Food, Conservation, and Energy
Act of 2008 (Pub. L. 110-234) (2008 Farm Bill). Prior to the changes
made by the 2008 Farm Bill, the fee was determined using a user-fee
formula mandated in the Uniform Cotton Classing Fees Act of 1987, as
amended (Pub. L. 100-108, 728) (1987 Act). This formula used the
previous year's base fee that was adjusted for inflation and economies
of size (1 percent decrease/increase for every 100,000 bales above/
below 12.5 million bales with maximum adjustment being 15
percent). The user fee was then further adjusted to comply with
operating reserve constraints (between 10 and 25 percent of projected
operating costs) specified by the 1987 Act.
Section 14201 of the 2008 Farm Bill provides that: (1) The
Secretary shall make available cotton classification services to
producers of cotton, and provide for the collection of classification
fees from participating producers or agents that voluntarily agree to
collect and remit the fees on behalf of the producers; (2)
classification fees collected and the proceeds from the sales of
samples submitted for classification shall, to the extent practicable,
be used to pay the cost of the services provided, including
administrative and supervisory costs; (3)
[[Page 25534]]
the Secretary shall announce a uniform classification fee and any
applicable surcharge for classification services not later than June 1
of the year in which the fee applies; and (4) in establishing the
amount of fees under this section, the Secretary shall consult with
representatives of the United States cotton industry. At pages 313-314,
the Joint Explanatory Statement of the committee of conference for
section 14201 stated the expectation that the cotton classification fee
would be established in the same manner as was applied during the 1992
through 2007 fiscal years. The classification fee should continue to be
a basic, uniform fee per bale fee as determined necessary to maintain
cost-effective cotton classification service. Further, in consulting
with the cotton industry, the Secretary should demonstrate the level of
fees necessary to maintain effective cotton classification services and
provide the Department of Agriculture with an adequate operating
reserve, while also working to limit adjustments in the year-to-year
fee.
Under the provisions of section 14201, this final rule establishes
a user fee (dollars per bale classed) for the 2011 cotton crop that,
when combined with other sources of revenue, will result in projected
revenues sufficient to reasonably cover budgeted costs--adjusted for
inflation--and allow for adequate operating reserves to be maintained.
Costs considered in this method include salaries, costs of equipment
and supplies, and other overhead costs, such as facility costs and
costs for administration and supervision. In addition to covering
expected costs, the user fee is set such that projected revenues will
generate an operating reserve adequate to effectively manage
uncertainties related to crop size and cash-flow timing while meeting
minimum reserve requirements set by the Agricultural Marketing Service,
which require maintenance of a reserve fund amount equal to four months
of projected operating costs.
Extensive consultations regarding the establishment of the
classification fee with U.S. cotton industry representatives were held
during the period from September 2010 through March 2011 during
numerous publicly held meetings. Representatives of all segments of the
cotton industry, including producers, ginners, bale storage facility
operators, merchants, cooperatives, and textile manufacturers were
addressed in various industry-sponsored forums.
The user fee established to be charged cotton producers for cotton
classification in 2011 is $2.20 per bale, which is the same fee charged
for the 2010 crop. This fee is based on the pre-season projection that
16.5 million bales will be classed by the United States Department of
Agriculture during the 2011 crop year.
Accordingly, Sec. 28.909, paragraph (b) will reflect the
continuation of the cotton classification fee at $2.20 per bale.
As provided for in the 1987 Act, a 5 cent per bale discount will
continue to be applied to voluntary centralized billing and collecting
agents as specified in Sec. 28.909(c).
Growers or their designated agents receiving classification data
will continue to incur no additional fees if classification data is
requested only once. The fee for each additional retrieval of
classification data in Sec. 28.910 will remain at 5 cents per bale.
The fee in Sec. 28.910(b) for an owner receiving classification data
from the National database will remain at 5 cents per bale, and the
minimum charge of $5.00 for services provided per monthly billing
period will remain the same. The provisions of Sec. 28.910(c)
concerning the fee for new classification memoranda issued from the
National Database for the business convenience of an owner without
reclassification of the cotton will remain the same at 15 cents per
bale or a minimum of $5.00 per sheet.
The fee for review classification in Sec. 28.911 will remain at
$2.20 per bale.
The fee for returning samples after classification in Sec. 28.911
will remain at 50 cents per sample.
Pursuant to 5 U.S.C. 533, good cause exists for not postponing the
effective date of this final rule until 30 days after publication in
the Federal Register because this rule maintains uniform user fees for
2011 crop cotton classification services as mandated by the Cotton
Statistics and Estimates Act, at the same level as 2010.
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 forth in the preamble, 7 CFR part 28 is amended
to read as follows:
PART 28--[AMENDED]
0
1. The authority citation for 7 CFR part 28, Subpart D, continues to
read as follows:
Authority: 7 U.S.C. 51-65; 7 U.S.C. 471-476.
0
2. In Sec. 28.909, paragraph (b) is republished to read as follows:
Sec. 28.909 Costs.
* * * * *
(b) The cost of High Volume Instrument (HVI) cotton classification
service to producers is $2.20 per bale.
* * * * *
0
3. In Sec. 28.911, the last sentence of paragraph (a) is republished
to read as follows:
Sec. 28.911 Review classification.
(a) * * * The fee for review classification is $2.20 per bale.
* * * * *
Dated: April 29, 2011.
David R. Shipman,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2011-11047 Filed 5-4-11; 8:45 am]
BILLING CODE 3410-02-P