[Federal Register Volume 59, Number 20 (Monday, January 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2099]
[[Page Unknown]]
[Federal Register: January 31, 1994]
VOL. 59, NO. 20
Monday, January 31, 1994
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service, USDA
7 CFR Part 28
[CN-94-003]
RIN 0581-AB06
Cotton Classification Services for Cotton Producers
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: The Agricultural Marketing Service (AMS) proposes to amend
regulations governing cotton classification services provided to cotton
producers in order to provide more accurate fiber quality measurements.
This proposal would modify the present classification system to add a
new procedure, known as module averaging. Module averaging is a method,
based on sound statistical procedures, by which the accuracy of fiber
quality measurements can be improved. The module averaging procedure
uses all the bales from a module or trailer as the testing unit rather
than using a single bale as the test unit. The module averaging
procedure has been offered to growers on a voluntary basis for the past
three crop years.
The Secretary's Advisory Committee on Cotton Marketing has
recommended that, if no significant problems are encountered during the
1993 classing season, the module averaging procedure be expanded to
include all cotton classed in 1994 and subsequent crop years.
DATES: Comments must be received by March 2, 1994.
ADDRESSES: Comments and inquiries should be addressed to Craig
Shackelford, Cotton Division, AMS, USDA, room 2641-S, P.O. Box 96456,
Washington, DC 20090-6456. Comments will be available for public
inspection during regular business hours at the above office in rm.
2641-South Building, 14th & Independence Avenue, SW., Washington, DC.
FOR FURTHER INFORMATION CONTACT: Craig Shackelford, 202-720-2259.
SUPPLEMENTARY INFORMATION: The Department is issuing this rule in
conformance with Executive Order 12866.
This proposed rule has been reviewed under Executive Order 12778,
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.
Pursuant to the requirements set forth in the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et seq.), The Administrator of the
Agricultural Marketing Service has considered the economic impact of
this proposal on 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.
The Small Business Administration (SBA) defines (13 CFR 121.601)
small agricultural service firms as having annual receipts of less than
$3,500,000. There are approximately 1,400 cotton gins which submit
cotton samples to AMS for cotton classification. The majority of these
gins would meet the SBA's definition for small agricultural firms. This
proposal would require these gins to provide individual module or
trailer identification numbers to AMS cotton classing offices. This
information would be provided prior to classing of cotton samples
through telecommunications, facsimile or other means. The expense for
gins to provide this information to AMS has not been found to be
burdensome during the past 3 years of a pilot project. The module
averaging pilot project has shown to result in the dissemination of
more accurate classification results. It is expected that more accurate
cotton classification would lead to more efficient marketing of cotton.
Marketing costs are expected to decrease as a result of less retesting.
It is the view of the agency that the improved marketing efficiency as
a result of module averaging would outweigh the cost of providing the
additional information to AMS. Further, the economic impact of this
action would not be adverse. For these reasons, the Administrator, AMS,
has certified that this action will not have a significant economic
impact on a substantial number of small entities as defined in the RFA.
In compliance with Office of Management and Budget (OMB)
regulations [5 CFR part 1320] which implement the Paperwork Reduction
Act (PRA) of 1980 [44 U.S.C. 3501 et seq.] the information collection
requirements contained in this proposed rule have been submitted to OMB
for approval numbers under the Paperwork Reduction Act of 1980 (44
U.S.C. 3501 et seq.).
A random, informal telephone survey was conducted among gins that
are voluntarily participating in the pilot project in order to estimate
the time required by gin personnel to prepare and submit to classing
facilities the module and trailer identification for each bale. The
volume of cotton ginned at these businesses ranged from 8,000 to 40,000
bales per year. When asked about the frequency of information
transmitted, all gins responded that module and trailer bale
identification information was submitted daily. These daily lists
correspond to the daily number of bales produced at each gin. The
majority of the surveyed gins utilized computer telecommunications to
transmit the information to classing facilities. A few gins used
computer diskettes or facsimile transmission. Gins using computerized
recordkeeping systems responded that the time required to produce the
daily list was insignificant because the information was already
maintained. Gins using manual recordkeeping systems reported greater
time required to prepare lists. In most cases the gins with manual
systems photocopied existing records for facsimile transmission.
Based on discussions with pilot project participants, it is
estimated that it would require 15 minutes a day to assemble, prepare,
and transmit the module or trailer identification. If gins operate for
90 days per year the annual time required would be 22.5 hours per year.
With 1,400 gins that would be required to submit the information, the
total time required of all gins would be 31,500 hours.
Module averaging does not require a new sampling procedure. It
utilizes the current procedure of obtaining a sample from both sides of
each bale. Under the traditional approach fiber quality measurements
are made on each sample and the average of the two measurements becomes
the fiber quality determination for that bale. Because of the natural
variability of cotton fiber characteristics, a greater number of tests
would need to be performed on each sample. In practice this would be
too costly and time consuming on a bale-by-bale basis. Since fiber
quality variability within a bale of cotton has been determined to be
about the same as that within a module or trailer of cotton, the
statistical confidence is high that a module or trailer of cotton can
serve as the test unit just as reliably as a bale of cotton. A module
will yield approximately 13 bales when ginned and a trailer will yield
approximately eight bales. By using all of the bales of cotton from one
module or trailer as the test unit, enough samples can be tested to
obtain the true average of the unit.
Under the proposed procedure the ginner would provide the classing
office servicing the area with individual module and trailer
identification for each bale of cotton in addition to the gin bale
numbers prior to classification. The module or trailer identification
numbers would be submitted through computer telecommunications,
facsimile or other means.
Section 28.908 (g) sets forth the conditions that would constitute
a request for cotton classification. Paragraph (g) would be revised to
include a provision requiring the submission of module or trailer
identification for each bale of cotton prior to classification.
By adopting a procedure of module averaging, fiber quality in a
module or trailer would be determined by calculating the average of all
bale measurements within the module or trailer and assigning these
averaged quality factors to each bale within that unit as the official
quality measurement. For example, the individual strength readings from
each bale in the module or trailer would be added together and divided
by the number of bales in the module or trailer unit. The result would
be the module average for strength and would be subsequently assigned
as the strength reading to each bale in the module unit. This same
process would be applied to all High Volume Instrument (HVI) quality
factors: strength, length, length uniformity, micronaire, color +b,
color Rd, and trash. Trash measurements would not be averaged for
American Pima cotton since no HVI trash measurements are made for
American Pima cotton. Color grade and leaf grade for American Upland
and for the grade of American Pima would also not be averaged because
the quality factors are determined by a cotton classer.
A bale of cotton having significant fiber quality differences from
the other bales in a module or trailer test unit would be excluded from
the module averaging procedure. The official classification results for
the excluded bale would be determined from its individual test results
for each factor. The measurements for the remaining bales in the module
or trailer would be averaged and the results assigned to each of the
bales used to determine that value. A bale that is excluded from the
module average is termed an ``outlier'' bale. A bale would be excluded
from the module or trailer average because of a significant variance
from the average on any of the HVI quality factors including: strength,
length, length uniformity, micronaire, color +b, color Rd, and trash.
Standard values have been established for each quality factor that
identifies a significant variance from the average. When any single
quality factor measurement is equal to or greater than the established
value for that quality factor the bale is excluded from the module or
trailer average. The following is a table that represents the values
established for each factor:
------------------------------------------------------------------------
Quality factor Difference from module average
------------------------------------------------------------------------
Mike............................... 0.5 or more.
Strength........................... 4.0 or more.
Length............................. 0.07 or more.
Length Uniformity.................. 4.0 or more.
Color Rd........................... 4.0 or more.
Color +b........................... 1.1 or more.
Trash (Upland only)................ 0.6 or more.
------------------------------------------------------------------------
An important aspect is that each bale of cotton would still be
identified individually and receive the module averaged information as
an individual bale class. Thus, cotton can continue to be marketed on
an individual bale basis and does not have to be marketed as a module
or trailer unit.
Section 28.910 would be revised to reflect the inclusion of the
module averaging procedure as part of the official quality
determination for cotton samples. The table of values used to determine
outliers would be incorporated into this section.
Producers would, under this proposal, still have the opportunity to
receive a review classification of the original classification results.
The review may be requested for any single or any combination of the
HVI quality factors of strength, length, length uniformity, micronaire,
color +b, color Rd, and trash. A review may also be requested on the
classer assigned quality factors of color grade and leaf grade for
American Upland cotton and for the grade of American Pima cotton. In
order to receive a review classification of one or more HVI quality
factors on a module or trailer classed bale, all bales in the module or
trailer test unit must be reviewed. Samples from each bale in the
module or trailer test unit must be submitted with the request for
review. Each sample would be retested and the average retest value
assigned to each bale. Review classification of classer assigned color
grade and leaf grade for American Upland cotton and for the grade of
American Pima cotton would continue to be made on individual bales.
Section 28.911 would be revised to include procedures for review
classification of module averaged factors.
The fee under Sec. 28.911 for review classification of module or
trailer averaged bales would be $1.87 per bale based upon the current
fee. However, the current fees are being reviewed and may be adjusted
for the 1994 crop year.
A pilot module averaging program was initiated in 1991. This pilot
program which was limited to strength measurements only, involved 99
gins and 1,260,000 bales from across the Cotton Belt. This program was
so successful that it was expanded in 1992 to include fiber length,
length uniformity and micronaire. There were 212 gins and 2,289,000
bales involved in this expanded program.
The Secretary of Agriculture's Advisory Committee on Cotton
Marketing recommended that this pilot project be continued on a
voluntary basis in 1993 and expanded to include all instrument measured
quality factors including micronaire, length, length uniformity,
strength, color Rd, color +b, and trash. The committee recommended that
the results of the 1993 project be reported at the end of the season,
and that if no problems developed in 1993, AMS' Cotton Division should
implement module averaging for all HVI quality factors on all bales
classed effective for the 1994 crop. For the 1993 expanded pilot
project, there were 242 gins participating on a voluntary basis and the
production from these gins totaled 3,053,716 bales. This represented 20
percent of the 1993 cotton crop.
Reproducibility results from the expanded 1993 project are shown
below.
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Micronaire Uniformity
Length Strength Trash Color Rd Color +b
----------------------------------------------------------------------------------------------------------------
Individual bale results.............. 75 75 80 69 79 88 90
Module Average results............... 80 87 90 78 87 89 95
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No problems of any significance are known to have developed during
the 1993 project. In keeping with the advisory committee's
recommendation, AMS is proposing that module averaging be applied to
all bales classed effective with the 1994 cotton crop.
List of Subjects in 7 CFR Part 28
Administrative practice and procedures, Cotton, Cotton linters,
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
proposed to be amended as follows:
PART 28--[Amended]
1. The authority citation for subpart D of part 28 would continue
to read as follows:
Authority: Sec. 3a, 50 Stat. 62, as amended (7 U.S.C. 473a);
Sec. 3c, 50 Stat. 62 (7 U.S.C. 473c).
2. Section 28.908 paragraph (g) would be revised to read as
follows:
Sec. 28.908 Samples.
* * * * *
(g) Request for Classification. A request for classification
service from a producer shall be considered to have been made when all
of the following conditions have been met.
(1) Cotton samples drawn at a licensed gin or warehouse must have
been received at the appropriate cotton classing office serving the
territory in which the cotton was ginned.
(2) The samples are identified with the tag required in
Sec. 28.908(f).
(3) For each sample submitted, the ginner of the cotton shall
designate whether the cotton was ginned from a module or trailer. The
ginner shall also provide module or trailer identification numbers and
designate by gin bale numbers the bales ginned from each module or
trailer.
* * * * *
3. Section 28.910 would be amended by revising the section heading,
redesignating paragraph (a) as paragraph (d), redesignating paragraphs
(b) and (c) as paragraphs (e) and (f), and adding new paragraphs (a),
(b), and (c) to read as follows:
Sec. 28.910 Classification of samples and issuance of classification
results.
(a) The samples submitted as provided in this subpart shall be
classified by employees of the Division. The classer determined quality
factors of color grade and leaf grade for American Upland cotton and
grade for American Pima cotton shall be assigned to each sample in
accordance with the official cotton standards of the United States. For
each of the High Volume Instrument (HVI) measured quality factors
including micronaire, length, length uniformity, strength, color Rd and
color +b, and trash the official classification shall be the average of
the test results of samples tested from individual bales within the
module or trailer test unit, except that trash shall not be averaged
for American Pima cotton.
(b) Samples with quality factor measurements that vary
significantly from their module or trailer average shall be excluded
from the module or trailer average. The official classification of
these excluded bales shall be the individual test results for each
factor. The remaining samples in the module or trailer test unit will
be averaged and the averaged values shall be assigned to all remaining
samples in the module or trailer test unit as the official
classification results.
(c) The following table indicates degree of variation from the
module or trailer average necessary for a sample to be excluded from
the module or trailer averaged classification results.
------------------------------------------------------------------------
Quality factor Difference from module average
------------------------------------------------------------------------
Micronaire......................... 0.5 or more.
Strength........................... 4.0 or more.
Length............................. 0.07 or more.
Length Uniformity.................. 4.0 or more.
Color Rd........................... 4.0 or more.
Color +b........................... 1.1 or more.
Trash (Upland Only)................ 0.6 or more.
------------------------------------------------------------------------
* * * * *
4. Section 28.911 would be amended by revising paragraph (a),
redesignating paragraph (b) as paragraph (d) and adding new paragraphs
(b) and (c) to read as follows:
Sec. 28.911 Review classification.
(a) A producer may request a review classification of module or
trailer averaged quality factors including micronaire, length, length
uniformity, strength, color Rd, color +b and trash, provided that a
sample from each bale in the module or trailer test unit is submitted
for review. The review classification shall be performed in the same
manner as the original classification described in Sec. 28.910. Only
one review classification of these quality factors may be requested for
each module or trailer test unit.
(b) Class determined quality factors including leaf grade and color
grade for American Upland cotton and grade for American Pima cotton
shall be reviewed on a single bale basis. Only one review
classification of these class determined quality factors may be
requested for each bale.
(c) The fee for review classification of module averaged bales and
outlier bales is $1.87 per bale.
* * * * *
Dated: January 25, 1994.
Lon Hatamiya,
Administrator.
[FR Doc. 94-2099 Filed 1-28-94; 8:45 am]
BILLING CODE 3410-02-P