21034 Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Rules and Regulations

from the 1995 base fee of $2.01 per bale,

resulting in a fee of $1.71 per bale.

Assuming a fee of $1.71 per bale, the

projected operating reserve would be 30

percent. The Act specifies that the

Secretary shall not establish a fee

which, when combined with other

sources of revenue, will result in a

projected operating reserve of more than

25 percent. Accordingly, the fee of $1.71

must be reduced by 11 cents per bale,

to $1.60 per bale, to provide an ending

accumulated operating reserve for the

fiscal year of 25 percent of the projected

cost of operating the program. This

establishes the 1995 season fee at $1.60

per bale.

Accordingly, § 28.909, paragraph (b)

is revised to reflect the reduction in the

HVI classification fees.

As provided for in the Uniform Cotton

Classing Fees Act of 1987, as amended,

a five cents 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

will continue to incur no additional fees

if only one method of receiving

classification data is requested. The fee

for each additional method of receiving

classification data in § 28.910 will

remain at five cents per bale, and it will

be applicable even if the same method

was requested. The other provisions of

§ 28.910 concerning the fee for an owner

receiving classification data from the

central database and the fee for new

classification memoranda issued for the

business convenience of such an owner

without reclassification of the cotton

will remain the same.

The fee for review classification in

§ 28.911 will be reduced from $1.80 per

bale to $1.60 per bale.

The fee for returning samples after

classification in § 28.911 will remain at

40 cents per sample.

List of Subjects in 7 CFR Part 28

Administrative practice and

procedures, 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 as

follows:

PART 28—[AMENDED]

1. The authority citation for Subpart

D of Part 28 is revised to read as follows:

Authority: 7 U.S.C. 473a; 7 U.S.C. 473c.

2. In § 28.909, paragraph (b) is revised

to read as follows:

§ 28.909 Costs.

* * * * *

(b) The cost of High Volume

Instrument (HVI) cotton classification

service to producers is $1.60 per bale.

* * * * *

3. In § 28.911, the last sentence of

paragraph (a) is revised to read as

follows:

§ 28.911 Review classification.

(a) * * * The fee for review

classification is $1.60 per bale.

* * * * *

Dated: April 25, 1995.

Lon Hatamiya,

Administrator.

[FR Doc. 95–10602 Filed 4–28–95; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 75

[Docket No. LS–94–011]

RIN 0581–AB35

Increase Seed Inspection Fees

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: The Agricultural Marketing

Service (AMS) is increasing the

applicable fees for testing seed under

the voluntary seed inspection and

certification program. The fees which

will be paid by the users of the service

are intended to generate sufficient

revenue to offset the cost of operating

the program.

EFFECTIVE DATE: May 31, 1995.

FOR FURTHER INFORMATION CONTACT:

James P. Triplitt, Chief, Seed Regulatory

and Testing Branch, Livestock and Seed

Division, Agricultural Marketing

Service, USDA, Building 506, BARC–E,

Beltsville, Maryland 20705, 301–504–

9430.

SUPPLEMENTARY INFORMATION: This rule

has been determined to be not

significant for the purposes of Executive

Order 12866 and has not been reviewed

by the Office of Management and

Budget.

This rule has been reviewed under

Executive Order 12778, Civil Justice

Reform. It is not intended to have a

retroactive effect. The 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 judicial challenge to the

provision of this rule.

This action was also reviewed under

the Regulatory Flexibility Act (5 U.S.C.

601 et seq.). The Administrator of AMS

has determined that this action will not

have a substantial economic impact on

a significant number of small entities.

Although some seed growers and

shippers using this service may be

classified as small entities, the effect of

the increased fees will be minimal.

Under the proposal the cost for a typical

test will increase from about $57.00 to

approximately $64.50. It is estimated

that the total revenue generated by this

increase will be approximately $15,000

annually.

Background

This rule is authorized by the

Agricultural Marketing Act (AMA) of

1946, as amended, 7 U.S.C. 1621 et seq.

Section 203(h) of the AMA authorizes

the Secretary to inspect and certify the

quality of agricultural products and

collect such fees as reasonable to cover

the cost of service rendered. This

revision is to increase the fees to be

charged for the inspection and

certification of quality of agricultural

and vegetable seeds to reflect the

Department’s cost of operating the

program.

The purpose of the voluntary program

is to promote efficient, orderly

marketing of seeds, and assist in the

development of new and expanding

markets. Under the program samples of

agricultural and vegetable seeds

submitted are tested for factors such as

purity and germination at the request of

the applicant for the service. In

addition, grain samples, submitted at

the applicant’s request, by the Grain

Inspection, Packers and Stockyards

Administration are examined for the

presence of certain weed and crop seed.

A Federal Seed Analysis Certificate is

issued giving the test results. Of 1,650

samples tested in fiscal year 1994 most

represented seed or grain scheduled for

export. Many importing countries

require a Federal Seed Analysis

Certificate on United States seed.

After reviewing the current costs the

department has determined that the

present fee is insufficient to cover the

program’s cost of operation. The fee

increase is necessary to offset increased

salaries and fringe benefits to personnel,

as well as increases in rent and other

program costs. Based on the Agency’s

analysis of costs and revenue, AMS is

proposing to increase the hourly rate for

the voluntary service from $35.40 to

$40.40 per hour. In addition, the cost of

issuing additional duplicate original

certificates will be increased from $8.85

to $10.10. Approximately one-fourth

hour is required to issue additional

duplicate certificates.

A proposed rule was published in the

Federal Register on January 4, 1995 (60

FR 379). Comments on the proposed
Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Rules and Regulations 21035

rule were invited from interested

persons until February 3, 1995. No

comments were received.

List of Subjects in 7 CFR Part 75

Administrative practice and

procedure, Agricultural commodities,

Reporting and recordkeeping

requirements, Seeds, Vegetables.

For reasons set forth in the preamble,

it is proposed that 7 CFR part 75 be

amended as follows:

PART 75—REGULATIONS FOR

INSPECTION AND CERTIFICATION OF

QUALITY OF AGRICULTURAL AND

VEGETABLE SEEDS.

1. The authority citation for part 75 is

revised to read as follows:

Authority: 7 U.S.C. 1622 and 1624.

§ 75.41 [Amended]

2. Section 75.41 is amended by

removing ‘‘$35.40’’ and adding in its

place ‘‘$40.40.’’

§ 75.47 [Amended]

3. Section 75.47 is amended by

removing ‘‘$8.85’’ and adding in its

place ‘‘$10.10.’’

Dated: April 25, 1995.

Lon Hatamiya,

Administrator.

[FR Doc. 95–10603 Filed 4–28–95; 8:45 am]

BILLING CODE 3410–02–P

Federal Crop Insurance Corporation

7 CFR Part 400

General Administrative Regulations;

Reinsurance Agreement—Standards

for Approval

AGENCY: Federal Crop Insurance

Corporation, USDA.

ACTION: Interim rule.

SUMMARY: The Federal Crop Insurance

Corporation (‘‘FCIC’’) hereby amends its

General Administrative Regulations, 7

CFR part 400, by revising the Disputes

clause, located at section 400.169. The

intended effect of this rule is to provide

reinsured companies with an informal

reconsideration process through an

administrative officer of FCIC and the

right to appeal the administrative

officer’s administrative determination to

the Board of Contract Appeals.

DATES: This rule is effective May 1,

1995. Written comments, data, and

opinions on this rule will be accepted

until close of business June 30, 1995

and will be considered when the rule is

to be made final.

ADDRESSES: Written comments, data,

and opinion on this interim rule should

be sent to Diana Moslak, Regulatory and

Procedural Development Staff, Federal

Crop Insurance Corporation, USDA,

Washington, D.C. 20250. Hand or

messenger delivery should be made to

Suite 500, 2101 L Street, N.W.,

Washington, D.C. Written comments

will be available for public inspection

and copying in the Office of the

Manager, 2101 L Street, N.W., 5th Floor,

Washington, D.C., during regular

business hours, Monday through Friday.

FOR FURTHER INFORMATION CONTACT:

Federal Crop Insurance Corporation,

U.S. Department of Agriculture,

Washington, D.C. 20250. Telephone

(202) 254–8314.

SUPPLEMENTARY INFORMATION: As a result

of the Departmental reorganization

mandated by the Department of

Agriculture Reorganization Act of 1994,

FCIC must amend its dispute provisions

to provide reinsured companies with a

mechanism to request reconsideration

or appeal of adverse decisions

determined by FCIC.

This action has been reviewed under

United States Department of Agriculture

(‘‘USDA’’) procedures established by

Executive Order 12866 and

Departmental Regulation 1512–1. This

action constitutes a review as to the

need, currency, clarity, and

effectiveness of these regulations under

those procedures. The sunset review

date established for these regulations is

March 31, 1999.

This rule has been determined to be

‘‘not significant’’ for the purposes of

Executive Order 12866, and therefore,

has not been reviewed by the Office of

Management and Budget (‘‘OMB’’).

This rule does not contain

information collection requirements that

require approval by OMB under the

Paperwork Reduction Act of 1980 (44

U.S.C. 3501 et seq.).

It has been determined under section

6(a) of Executive Order 12612,

Federalism, that this rule does not have

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment. The policies and

procedures contained in this rule will

not have a substantial direct effect on

states or their political subdivisions, or

on the distribution of power and

responsibilities among the various

levels of government.

Under the Regulatory Flexibility Act

(5 U.S.C. 605), this regulation will not

have a significant impact on a

substantial number of small entities.

This action does not increase the

paperwork burden on the reinsured

company because this action only

changes the mechanism in which to

submit disputed reinsurance issues.

Therefore, this action is determined to

be exempt from the provisions of the

Regulatory Flexibility Act and no

Regulatory Flexibility Analysis was

prepared.

This program is listed in the Catalog

of Federal Domestic Assistance under

No. 10.450.

This program is not subject to the

provisions of Executive Order 12372

which require intergovernmental

consultation with state and local

officials. See the Notice related to 7 CFR

part 3015, subpart V, published at 48 FR

29115, June 24, 1983.

The Office of the General Counsel has

determined that these regulations meet

the applicable standards provided in

subsections (2)(a) and 2(b)(2) of

Executive Order 12778. The provisions

of this rule will preempt state and local

laws to the extent such state and local

laws are inconsistent herewith. The

administrative appeal provisions

located at 7 CFR part 400, subpart J and

the appeal provisions promulgated by

the Board of Contract Appeals, 7 CFR

part 24, subtitle A, must be exhausted

before judicial action may be brought.

This action is not expected to have

any significant impact on the quality of

the human environment, health, and

safety. Therefore, neither an

Environmental Assessment nor an

Environmental Impact Statement is

needed.

This interim rule provides a new

avenue of appeal for reinsured

companies now that FCIC no longer has

hearing officers to conduct these

appeals. At present, there is no body

authorized to hear these appeals.

Therefore, it is impractical and contrary

to the public interest to publish this rule

for notice and comment prior to making

the rule effective. However, comments

are solicited for 60 days after the date

of publication in the Federal Register

and will be considered by FCIC before

this rule is made final.

Background

Prior to enactment of the Department

of Agriculture Reorganization Act of

1994, reinsured companies were

afforded the opportunity for an informal

hearing to appeal final determinations

made by FCIC. The authority to hear

these appeals was delegated to FCIC

hearing officers. If the reinsured

company was dissatisfied with the

determination of the hearing officer, its

only recourse was to the courts. Since

the Standard Reinsurance Agreement is

not a program agreement but instead an

agreement for delivery of the program,

it is an action to be handled by the