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.

Rules and Regulations Federal Register

20503 

Vol. 77, No. 66 

Thursday, April 5, 2012 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Parts 27 and 28 

[Doc. #AMS–CN–11–0066] 

RIN 0581–AD19 

Revision of Cotton Classification 

Procedures for Determining Cotton 

Leaf Grade 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: The Agricultural Marketing 

Service (AMS) is amending the 

procedures for determining the official 

leaf grade for Upland and Pima cotton. 

The leaf grade is a part of the official 

classification which denotes cotton fiber 

quality used in cotton marketing and 

manufacturing of cotton products. 

Previously, the leaf grade was 

determined by visual examination and 

comparison to the Universal Cotton 

Standards for Leaf Grade that serves as 

the official cotton standards by qualified 

cotton classers. Amended procedures 

replace the classer’s leaf determination 

with the instrument leaf measurement 

made by the High Volume Instrument 

(HVI) system, which has been used in 

official cotton classification for Upland 

Cotton since 1991. 

DATES: Effective Date: April 6, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Darryl Earnest, Deputy Administrator, 

Cotton & Tobacco Programs, AMS, 

USDA, 3275 Appling Road, Memphis, 

TN 38133. Telephone (901) 384–3060, 

facsimile (901) 384–3021, or email 

darryl.earnest@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: 

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 which must 

be exhausted prior to any judicial 

challenge to the provisions of this final 

rule. 

Background 

AMS Cotton and Tobacco Programs is 

amending the procedures for providing 

cotton leaf grade classification services 

as authorized by the United States 

Cotton Standards Act of 1923, as 

amended (7 U.S.C. 51–65), the Cotton 

Statistics and Estimates Act of 1927 (7 

U.S.C. 471–476), and the U.S. Cotton 

Futures Act (7 U.S.C. 15b, 7 U.S.C. 

4736, 7 U.S.C. 1622(g)). While 

measurements for other quality factors 

are performed by precise HVI 

measurements, manual determinations 

for leaf grade and extraneous matter are 

currently part of the official USDA 

cotton classification. Accurate 

assignment of leaf grade is of economic 

importance to all participants along the 

cotton supply chain since leaf content is 

all waste and there is a cost factor 

associated with its removal. 

Furthermore, since small leaf particles 

cannot always be removed, these 

particles detract from the quality and, 

therefore, the value of the finished 

product. 

AMS has HVIs with the ability to 

optically identify, with a high level of 

confidence, the number of leaf particles 

(Particle Count) and to measure the 

surface area covered by non-lint 

particles (Area). AMS then applies 

mathematical algorithms to correlate 

Particle Count and Area data to the 

Universal Cotton Standards for Leaf 

Grade which serve as the ultimate 

comparison for cotton grading. A pilot 

project was conduct by AMS during 

2009 and 2010 cotton classing seasons 

to evaluate the accuracy of the proposed 

instrument leaf grade determination 

process. Results showed that the HVI 

measures leaf as compared back to the 

Universal Cotton Standards for Leaf 

Grade more accurately than cotton 

classers. This rule amends the cotton 

classification process, replacing the 

classer’s leaf determination with the 

instrument leaf measurement made by 

the HVI system. Instrument leaf grading 

is expected to improve the repeatability, 

consistency and accuracy of leaf grade 

classification data provided to the 

cotton industry, while improving 

operational efficiency. 

In § 27.2 (n), the definition of the term 

‘‘classification’’ is revised to reflect the 

changes in procedures made under 7 

CFR part 28. 

Also under 7 CFR part 27, § 27.31 is 

revised to reflect the deletion of the 

requirement for cotton classers to 

manually determine leaf grade. The 

revised section reflects the changes 

made in procedures for determination of 

cotton quality in accordance with the 

official standards. 

In 7 CFR part 28, § 28.8 is revised to 

reflect the change in cotton 

classification procedures which replaces 

classer visual examinations to 

determine leaf grade with instrument 

leaf measurement by HVI systems. 

In addition, miscellaneous other 

changes are made to 7 CFR parts 27 and 

28 to better reflect current procedures in 

view of leaf determination change. For 

example, those determinations made by 

cotton classers or by authorized Cotton 

Program employees are specified. 

Summary of Comments 

A proposed rule was published on 

December 23, 2011, with a comment 

period of December 23, 2011 through 

January 9, 2012 (76 FR 80278). AMS 

received four comments: One from a 

national trade organization that 

represents approximately 80 percent of 

the US cotton industry, including cotton 

producers, ginners, warehousemen, 

merchants, cooperatives, cottonseed 

processors, and textile manufacturers 

from Virginia to California; one from a 

national trade organization comprised of 

eight state and regional membership 

organizations that represent 

approximately 680 individual cotton 

ginning operations in 17 cottonproducing states; one from a national 

trade organization representing cotton 

merchant firms that handle over 80 

percent of the U.S. cotton sold in 

domestic and foreign markets; and one 

from an individual commenter who 

grades cotton. The comments from the 

trade organizations were supportive of 

both the proposed changes while the 

individual commenter was opposed. 

The comments may be viewed at 

www.regulations.gov. 


rmajette on DSK2TPTVN1PROD with RULES
20504 Federal Register / Vol. 77, No. 66 / Thursday, April 5, 2012 / Rules and Regulations 

Comments from the three national 

trade organizations expressed support 

for AMS using instrument leaf grading 

as the method for determining official 

leaf grades. Furthermore, each of these 

organizations recognized how thorough 

testing conducted by AMS throughout 

both the 2009 and 2010 classing seasons 

demonstrated improvements in both the 

consistency and repeatability of leaf 

grade determination. 

One individual commenter expressed 

concerns about the accuracy of 

instrument-determined leaf grades, the 

timing of the regulatory change, and the 

length of the comment period. The 

commenter stated their belief that 

instrument leaf grading is not a more 

accurate means to grade cotton over a 

human classer. AMS began using the 

instrument-based system on a trial basis, 

with the ability of classers to overwrite 

inaccurately assigned data, during the 

2009 and 2010 cotton crops. Results 

demonstrated significant improvements 

in accuracy and repeatability as factors 

such as grader fatigue and central 

tendency were eliminated. Trial results 

were presented at numerous open-forum 

discussions conducted throughout the 

Cotton Belt to ensure that technical and 

operational information was fully and 

accurately communicated to the various 

segments of the U.S. cotton industry. 

AMS graders in all field offices 

evaluated the process change for 

accuracy, provided feedback, and were 

briefed on the impact the change would 

have on streamlining their duties. AMS 

integrated these graders’ feedback to 

help refine the computer system used 

for assigning the leaf grade. 

The timeline for implementing the 

process change was scheduled around 

the completion of critical software 

programing modifications made to more 

than four hundred proprietary AMS 

Information Technology (IT) programs. 

These computer programs ensure the 

accurate calculation, secure storage, and 

seamless flow of cotton quality data, 

while providing timely information to 

managers for the evaluation of 

equipment and employees. With the 

industry’s acceptance, approval, and 

recommendation to implement, the 

expectation was that software 

modifications and the regulatory 

process would conclude concurrently 

prior to the beginning of the 2011 crop. 

However, changes in the timeline have 

resulted in finalization at this time. 

The comment period time frame was 

deemed appropriate to implement 

instrument leaf grading as soon as 

possible in order to allow the cotton 

industry to fully benefit from the 

increased accuracy and repeatability of 

cotton leaf data provided by instrument 

leaf grading during the current classing 

season. The timing of the comment 

period fell coincidentally during the 

Annual Cotton Beltwide Conference— 

the largest single gathering of 

representative of all segments of the 

U.S. cotton industry. AMS used this 

forum to notify constituents of the 

opportunity to submit comments. 

Regulatory Flexibility Act and 

Paperwork Reduction 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 entities. 

Fees paid by users of the service are not 

changed by this action; implementation 

of the new procedures indicates the 

existing fees remain sufficient to fully 

reimburse AMS for provision of the 

services. 

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, 

merchants, and textile manufacturers in 

the U.S. who voluntarily use the AMS 

cotton classing services annually under 

the United States Cotton Standards Act 

of 1923, as amended, the Cotton 

Statistics and Estimates Act of 1927, and 

the U.S. Cotton Futures Act. The 

majority of these cotton growers are 

small businesses under the criteria 

established by the Small Business 

Administration (13 CFR 121.201). The 

change in procedures will not 

significantly affect small businesses as 

defined in the RFA because: 

(1) Classification will continue to be 

based upon the Universal Cotton 

Standards for Leaf Grade established 

and maintained by the Department; 

(2) The HVI measurement has been a 

part of the official classification record 

since 1991. Implementation of the 

revision for all cotton classification will 

not affect competition in the 

marketplace or adversely impact on 

cotton classification fees; and 

(3) The use of cotton classification 

services is voluntary. For the 2010 crop, 

17.6 million bales were produced by 

growers, and virtually all of them were 

voluntarily submitted for USDA 

classification. Futures classification 

services provided for merchants during 

the same period totaled approximately 

750 thousand bales. 

In compliance with Office of 

Management and Budget (OMB) 

regulations (5 CFR part 1320), which 

implement the Paperwork Reduction 

Act (PRA) (44 U.S.C. 3501–3520), the 

information collection requirements 

contained in the regulation to be 

amended is currently approved under 

OMB control number 0581–0008, Cotton 

Classing, Testing and Standards. 

Pursuant to 5 U.S.C. 553, it is found 

that good cause exists for not 

postponing the effective date of the rule 

until 30 days after publication in the 

Federal Register because: (1) The 2011 

cotton crop year has already begun; (2) 

the industry is familiar with instrument 

leaf grading process as AMS 

implemented a pilot project to evaluate 

the accuracy of the determination for 

crop years 2009 and 2010; and (3) there 

is overall industry support for this 

change. 

List of Subjects 

7 CFR Part 27 

Commodity futures, Cotton. 

7 CFR Part 28 

Administrative practice and 

procedure, Cotton. 

For the reasons set forth in the 

preamble, 7 CFR parts 27 and 28 are 

amended 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 

the Universal Cotton Standards (the 

official cotton standards of the United 

States) for the color grade, the leaf 

grade, and fiber property measurements 

of American Upland cotton. High 

Volume Instruments will determine all 

fiber property measurements except 

extraneous matter. Cotton classers 

authorized by the Cotton and Tobacco 

Programs will determine the presence of 

extraneous matter. 

* * * * * 

■ 3. Section 27.31 is revised to read as 

follows: 

§ 27.31 Classification of Cotton. 

For purposes of subsection 15b (f) of 

The Act, classification of cotton is the 

determination of the quality of a sample 

in accordance with the Universal Cotton 

Standards (the official cotton standards 

of the United States) for the color grade 


rmajette on DSK2TPTVN1PROD with RULES
Federal Register / Vol. 77, No. 66 / Thursday, April 5, 2012 / Rules and Regulations 20505 

and leaf grade of American upland 

cotton, and fiber property measurements 

such as micronaire. High Volume 

Instruments will determine all fiber 

property measurements except 

extraneous matter. High Volume 

Instrument colormeter measurements 

will be used for determining the official 

color grade. Cotton classers authorized 

by the Cotton and Tobacco Programs 

will determine the presence of 

extraneous matter and authorized 

employees of the Cotton and Tobacco 

Programs will determine all fiber 

property measurements using High 

Volume Instruments. 

PART 28—[AMENDED] 

■ 3. The authority citation for 7 CFR 

part 28 continues to read as follows: 

Authority: 7 U.S.C. 55 and 61. 

■ 4. 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 Universal Cotton 

Standards (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 extraneous matter, 

special conditions and remarks. High 

Volume Instrument colormeter 

measurements will be used for 

determining the official color grade. 

Cotton classers authorized by the Cotton 

and Tobacco Programs will determine 

the presence of extraneous matter, 

special conditions and remarks and 

authorized employees of the Cotton and 

Tobacco Programs will determine all 

fiber property measurements using High 

Volume Instruments. The classification 

record of a Classing Office or the 

Quality Control Division with respect to 

any cotton shall be deemed to be the 

classification record of the Department. 

Dated: March 30, 2012. 

Robert C. Keeney, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2012–8125 Filed 4–4–12; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0908; Directorate 

Identifier 2009–NM–067–AD; Amendment 

39–16987; AD 2012–06–06] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

The Boeing Company Model 757 

airplanes. This AD requires replacing 

the power control relays for the fuel 

boost pumps and override pumps with 

new relays having a ground fault 

interrupter (GFI) feature. This AD also 

requires an electrical bonding resistance 

measurement for certain GFI relays to 

verify that certain bonding requirements 

are met. This AD also requires, for 

certain airplanes, an inspection to 

ensure that certain screws are properly 

installed, and installing longer screws if 

necessary. This AD was prompted by 

fuel system reviews conducted by the 

manufacturer. We are issuing this AD to 

prevent damage to the fuel pumps 

caused by electrical arcing that could 

introduce an ignition source in the fuel 

tank, which, in combination with 

flammable fuel vapors, could result in a 

fuel tank explosion and consequent loss 

of the airplane. 

DATES: This AD is effective May 10, 

2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of May 10, 2012. 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; telephone 206–544–5000, 

extension 1; fax 206–766–5680; email 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. You 

may review copies of the referenced 

service information at the FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue SW., Renton, Washington. 

For information on the availability of 

this material at the FAA, call 425–227– 

1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

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 

Docket Office (phone: 800–647–5527) is 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Georgios Roussos, Aerospace Engineer, 

Systems and Equipment Branch, ANM– 

130S, Seattle Aircraft Certification 

Office, FAA, 1601 Lind Avenue SW., 

Renton, Washington 98057–3356; 

phone: 425–917–6482; fax: (425) 917– 

6590; email: Georgios.Roussos@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a supplemental notice of 

proposed rulemaking (SNPRM) to 

amend 14 CFR part 39 to include an 

airworthiness directive (AD) that would 

apply to the specified products. That 

SNPRM was published in the Federal 

Register on January 3, 2011 (76 FR 28). 

The original NPRM (74 FR 53436, 

October 19, 2009) proposed to require 

replacing the power control relays for 

the fuel boost pumps and override 

pumps with new relays having a GFI 

feature. The SNPRM proposed to add an 

electrical bonding resistance 

measurement for certain GFI relays to 

verify that certain bonding requirements 

are met. The SNPRM also proposed to 

add, for certain airplanes, an inspection 

to ensure that certain screws are 

properly installed, and installing longer 

screws if necessary. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. The 

following presents the comments 

received on the SNPRM (76 FR 28, 

January 3, 2011) and the FAA’s response 

to each comment. Boeing concurs with 

the contents of the SNPRM. 

Request To Permit Incorporation of 

Universal Fault Interrupter (UFI) as a 

Means of Compliance 

American Airlines (AA) and TDG 

Aerospace requested that we revise the 

SNPRM (76 FR 28, January 3, 2011) to 

allow incorporation of the previouslyapproved Supplemental Type Certificate 

(STC) ST01950LA, issued January 17, 

2007, as an approved means of 

compliance for providing fault 

protection for the center override fuel 

pumps. The commenters stated that the 


rmajette on DSK2TPTVN1PROD with RULES