36598 Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Rules and Regulations

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 § 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, § 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, § 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 § 27.2, paragraph (n) is revised

to read as follows:

§ 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:

§ 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:

§ 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]

BILLING CODE 3410–02–P

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.

SUMMARY: The Agricultural Marketing

Service (AMS) is revising the official

standards for the grade of American

Pima to provide for the separation of

Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Rules and Regulations 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 costeffective 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—11⁄4 to

19⁄16 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

36600 Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Rules and Regulations

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 § 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

§ 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, § 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 § 28.2, paragraph (p) is revised

to read as follows:

§ 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 § 28.482 and §§ 28.501

through 28.507 will be revised to read

as follows [§§ 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

§ 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.’’

§ 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.’’

§ 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.’’

§ 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

Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Rules and Regulations 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.’’

§ 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.’’

§ 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.’’

§ 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 §§ 28.508—28.510 [Reserved]

and §§ 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

§ 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.’’

§ 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.’’

§ 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.’’

§ 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.’’

§ 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.’’

§ 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.’’

§ 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 § 28.517 and §§ 28.521 and

28.522 would be added to read as

follows:

Application of Standards and

Explanatory Terms

§ 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.

§ 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 § 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 § 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:

§ 28.525 Symbols and code numbers.

* * * * *

(c) Symbols and Code Numbers for

Color Grades of American Pima Cotton.

Full grade name Symbol

Code No.

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

(d) Symbols and Code Numbers for

Leaf Grades of American Pima Cotton.

Full grade name Symbol

Code No.

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

* * * * *

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