7 CFR 28.950 - Terms defined.

(c) Administrator. The Administrator of the Agricultural Marketing Service, or any officer or employee of the Service, to whom authority has been delegated to act for the Administrator.

(d) Division. The Cotton Division of the Agricultural Marketing Service.

(e) Director. The Director of the Cotton Division, or any officer or employee of the Division to whom authority has been delegated to act for the Director.

(f) Laboratories. Laboratories of the Cotton Division that perform the fiber and processing tests described in this subpart.

[35 FR 8532, June 3, 1970, as amended at 46 FR 30073, June 5, 1981; 46 FR 51593, Oct. 21, 1981]

ADMINISTRATION

§ 28.951 - Director.

The Director shall perform, for and under the supervision of the Administrator, such duties as the Administrator may require in enforcing the regulations in this subpart.

FIBER AND PROCESSING TESTS

§ 28.952 - Testing of samples.

The Director or an authorized representative, upon written requests, shall make fiber and processing tests of the properties of cotton samples and report the results thereof to the persons from whom such requests are received, subject to compliance by such persons with the regulations in this subpart and to the payment by them of fees as prescribed herein.

[46 FR 30073, June 5, 1981; 46 FR 51593, Oct. 21, 1981]

§ 28.953 - Requirements as to samples.

Each sample of ginned cotton lint submitted for fiber and processing tests shall weigh approximately as shown below unless otherwise specified in the particular test item as prescribed herein:

1 ounce or more for fiber tests.

6 pounds or more for carded yarn spinning tests.

8 pounds or more for combed yarn spinning tests.

10 pounds or more for carded and combed yarn spinning tests.

Each individual sample submitted for testing shall contain a tag or coupon bearing a number or other identification symbol. Individually labeled samples may be sent in one or more parcels, each of which shall bear on the outside thereof the name and address of the person submitting it. Persons who submit samples to laboratories for testing shall comply with any Federal or State quarantine requirements applicable to counties from which such samples are shipped.

§ 28.954 - Costs of submitting samples.

The transportation of samples to a laboratory for testing shall be without expense to the Government.

§ 28.955 - Disposition of samples.

The remnants of samples accumulated in the making of tests under the regulations in this subpart shall become the property of the Government unless the applicant requests that such remnants be returned. Returns will be at the applicant's expense.

[46 FR 30073, June 5, 1981; 46 FR 51593, Oct. 21, 1981]

§ 28.956 - Prescribed fees.

Fees for fiber and processing tests shall be assessed as listed below:

Item number and kind of test	Fee per test
1.0 Calibration cotton for use with High Volume Instruments, per 5 pound package:
a. f.o.b. Memphis, Tennessee	$95.00
b. By surface delivery within continental United States	100.00
c. By air freight collect outside continental United States	95.00
d. By air parcel post delivery outside continental United States	135.00
1.1 High Volume Instrument (HVI) System Check Level. Furnishing two samples per month for HVI determinations, summarizing returned data, and reporting deviations for average of all laboratories for measurements taken, per 12 months:
a. By surface delivery within continental United States	168.00
b. By air parcel post delivery outside continental United States	324.00
2.0 Furnishing international calibration cotton standards with standard values for micronaire reading and fiber strength at zero and 1/8-inch gage and Fibrograph length:
a. f.o.b. Memphis, Tennessee 1/2-lb. sample	20.00
b. By surface delivery within continental United States, 1/2-lb. sample	22.00
c. By air freight collect outside continental United States, 1/2-lb. sample	20.00
d. By air parcel post delivery, outside continental United States, 1/2-lb. sample	30.00
2.1 Furnishing international calibration cotton standards with standard values for micronaire reading only:
a. f.o.b. Memphis Tennessee, 1-lb. sample	28.00
b. Surface delivery within continental United States, 1-lb. sample	31.00
c. By air freight collect outside continental United States, 1-lb. sample	28.00
d. By air parcel post delivery outside continental United States, 1-lb. sample	42.00
3.0 Furnishing standard color tiles for calibrating cotton colormeters, per set of five tiles including box:
a. f.o.b. Memphis, Tennessee	125.00
b. Surface delivery within continental United States	130.00
c. By air freight collect outside continental United States	125.00
d. By air parcel post delivery outside continental United States	165.00
3.1 Furnishing single color calibration tiles for use with specific instruments or as replacements in above sets, each tile:
a. f.o.b. Memphis, Tennessee	22.00
b. Surface delivery within continental United States	25.00
c. By air freight collect outside continental United States	22.00
d. By air parcel post delivery outside continental United States	35.00
3.2 Furnishing single trashmeter calibration standard, each:
a. f.o.b. Memphis, Tennessee	30.00
b. Surface delivery within continental United States	33.00
c. By air freight collect outside continental United States	30.00
d. By air parcel post delivery outside continental United States	44.00
3.3 Furnishing one set of standard color tiles for calibrating cotton colormeters and one trashmeter calibration standard, per set of five tiles and the standard including box:
a. f.o.b. Memphis, Tennessee	150.00
b. Surface delivery within continental United States	155.00
c. By air freight collect outside continental United States	150.00
d. By air parcel post delivery outside continental United States	190.00
3.4 Furnishing a single cotton sample of a designated leaf level mounted under glass, each:
a. f.o.b. Memphis, Tennessee	40.00
b. Surface delivery within continental United States	44.00
c. By air freight collect outside continental United States	40.00
d. By air parcel post delivery outside continental United States	54.00
3.5 Furnishing six cotton samples of six designated leaf levels each mounted under glass, per set of six samples:
a. f.o.b. Memphis, Tennessee	240.00
b. Surface delivery within continental United States	264.00
c. By air freight collect outside continental United States	240.00
d. By air parcel post delivery outside continental United States	300.00
4.0 Furnishing a colormeter calibration sample box containing six cotton samples with color values Rd and +b for each sample, per box:
a. f.o.b. Memphis, Tennessee	42.00
b. Surface delivery within continental United States	47.00
c. By air freight collect outside continental United States	42.00
d. By air parcel post delivery outside continental United States	82.00
4.1 Furnishing a trashmeter calibration sample box containing six cotton samples with trashmeter percent area reading for each sample, per box:
a. f.o.b. Memphis, Tennessee	42.00
b. Surface delivery within continental United States	47.00
c. By air freight collect outside continental United States	42.00
d. By air parcel post delivery outside continental United States	82.00
5.0 High Volume Instrument (HVI) measurement. Reporting Micronaire, length, length uniformity, 1/8-inch gage strength, color and trash content. Based on a 6 oz. (170 g.) sample, per sample	1.75
6.0 Color of ginned cotton lint. Reporting data on the reflectance and yellowness in terms of Rd and +b values as based on the Nickerson-Hunter Cotton Colorimeter on samples which measure 5 × 6 1/2 inches and weigh approximately 50 grams, per sample	1.25
7.0 Fiber length of ginned cotton lint by Fibrograph method. Reporting the average length and average length uniformity as based on 4 specimens from a blended sample, per sample	9.50
7.1 Fiber length of ginned cotton lint by Fibrograph method. Reporting the average length and average length uniformity as based on 2 specimens from each unblended sample	6.00
8.0 Pressley strength of ginned cotton lint by flat bundle method for either zero or 1/8-inch gage as specified by applicant. Reporting the average strength as based on 6 specimens from a blended sample, per sample	9.75
8.1 Pressley strength of ginned cotton lint by flat bundle method for either zero or 1/8-inch gage as specified by applicant. Reporting the strength as based on 2 specimens for each unblended sample, per sample	6.00
9.0 Stelometer strength and elongation of ginned cotton lint by the flat bundle method for 1/8-inch gage. Reporting the average strength and elongation:
a. Based on 6 specimens from each blended sample, per sample	9.75
b. Based on 4 specimens from each blended sample, per sample	7.50
c. Based on 2 specimens from each blended sample, per sample	6.00
10.0 Micronaire readings on ginned lint. Reporting the micronaire based on 2 specimens per sample	0.70
10.1 Micronaire reading based on 1 specimen per sample	0.40
11.0 Fiber maturity and fineness of ginned cotton lint by the Causticaire method. Reporting the average maturity, fineness, and micronaire reading as based on 2 specimens from a blended sample, per sample	16.00
Minimum fee	80.00
12.0 Fiber fineness and maturity of ginned cotton lint by the IIC-Shirley Fineness/Maturity Tester method, reporting the average micronaire, maturity ratio, percent mature fibers and fineness (linear density) based on 2 specimens from a blended sample, per sample	7.50
13.0 Fiber length array of cotton samples. Reporting the average percentage of fibers by weight in each 1/8-inch group, average length and average length variability as based on 3 specimens from a blended sample:
a. Ginned cotton lint, per sample	78.00
b. Cotton comber noils, per sample	119.00
c. Other cotton wastes, per sample	143.00
13.1 Fiber length array of cotton samples. Reporting the average percentage of fibers by weight in each 1/8-inch group, average length, and average length variability as based on 2 specimens from a blended sample:
a. Ginned cotton lint, per sample	57.00
b. Cotton comber noils, per sample	82.00
c. Other cotton wastes, per sample	112.00
13.2 Fiber length array of cotton samples, including purified or absorbent cotton. Reporting the average percentage of fibers by weight in each 1/8-inch group, average length and average length variability as based on 3 specimens from a blended sample, per sample	137.000
14.0 Fiber length and length distribution of cotton samples by the Almeter method. Reporting the upper 25 percent length, mean length, coefficient of variation, and short fiber percentages by weight, number or tuft in each 1/8-inch group, as based on 2 specimens from a blended sample:
a. Report percentages of fiber by weight only	28.00
b. Report percentages of fiber by weight and number or tuft	33.00
c. Report percentages of fiber by weight, number and tuft	38.00
15.0 Foreign matter content of cotton samples. Reporting data on the non-lint content as based on the Shirley Analyzer separation of lint and foreign matter:
a. For samples of ginned lint or comber noils, per 100-gram specimen	8.50
b. For samples of ginning and processing wastes other than comber noils, per 100-gram specimen	15.00
16.0 Neps content of ginned cotton lint. Reporting the neps per 100 square inches as based on the web prepared from a 3-gram specimen by using accessory equipment with the mechanical fiber blender, per sample	17.00
17.0 Sugar content of cotton. Reporting the percent sugar content as based on a quantitative analysis of reducing substances (sugars) on cotton fibers, per sample	5.50
Minimum fee	27.50
18.0 Miniature carded cotton spinning test. Reporting data on tenacity (centinewtons per tex) of 22's yarn and HVI data (see item 5.0). Based on the processing of 50 grams of cotton in accordance with special procedures, per sample	27.00
19.0 Two-pound cotton carded yarn spinning test available to cotton breeders only. Reporting data on yarn skein strength, yarn appearance, yarn neps, and the classification and the fiber length of the cotton as well as comments on any unusual processing performance as based on the processing of 2 pounds of cotton in accordance with standard procedures into two standard carded yarn numbers employing a standard twist multiplier, per sample	88.00
20.0 Cotton carded yarn spinning test. Reporting data on waste extracted, yarn skein strength, yarn appearance, yarn neps and classification, and fiber length as well as comments summarizing any unusual observations as based on the processing of 6 pounds of cotton in accordance with standard laboratory procedures at one of the standard rates of carding of 6 1/2, 9 1/2, or 12 1/2 pounds-per-hour into two of the standard carded yarn numbers of 8s, 14s, 36s, or 50s, employing a standard twist multiplier unless otherwise specified, per sample	120.00
21.0 Spinning potentials test. Determining the finest yarn which can be spun with no ends down and reporting spinning potential yarn number. This test requires an additional 4 pounds of cotton, per sample	110.00
22.0 Cotton combed yarn spinning test. Reporting data on waste extracted, yarn skein strength, yarn appearance, yarn neps, and classification and fiber length as well as comments summarizing any unusual observations as based on the processing of 8 pounds of cotton in accordance with standard procedures at one of the standard rates of carding of 4 1/2, 6 1/2, or 9 1/2 pounds per hour into two of the standard combed yarn numbers of 22s, 36s, 44s, 50s, 60s, 80s, or 100s employing a standard twist multiplier unless otherwise specified, per sample	160.00
23.0 Cotton carded and combed yarn spinning test. Reporting the results as based on the processing of 10 pounds of cotton into two of the standard carded and two of the standard combed yarn numbers employing the same carding rate and the same yarn numbers for both the carded and the combed yarns, per sample	232.00
24.0 Cotton carded and combed yarn spinning test. Reporting the results as based on the processing of 9 pounds of cotton into two of the standard and two of the standard combed yarn numbers employing different carding rates and/or yarn numbers for the carded and combed yarns, per sample	252.00
25.0 Processing and testing of additional yarn. Any carded or combed yarn number processed in connection with spinning tests including either additional yarn numbers or additional twist multipliers employed on the same yarn numbers, per additional lot of yarn	35.00
25.1 Processing and finishing of additional yarn. Any yarn number processed in connection with spinning tests. Approximately 300 yards on each of 16 paper tubes for testing by the applicant, per additional lot of yarn	48.00
26.0 Twist in yarns by direct-counting method. Reporting direction of twist and average turns per inch of yarn:
(a) Single yarns based on 40 specimens per lot of yarn	88.00
(b) Plied or cabled yarns based on 10 specimens, per lot of yarn	26.00
27.0 Skein strength of yarn. Reporting data on the strength and the yarn numbers based on 25 skeins from yarn furnished by the applicant, per sample	14.00
27.1 Single Strand Yarn Strength Test. Measuring 100 strands on a Statimat Tester and reporting yarn strength, elongation and coefficient of variation, per test	6.50
28.0 Appearance grade of yarn furnished on bobbins by applicant. Reporting the appearance grade in accordance with ASTM standards as based on yarn wound from one bobbin, per bobbin	6.00
28.1 Furnishing yarn wound on boards in connection with yarn appearance tests	9.50
28.2 Yarn Imperfections Test. Measuring yarn on the Uster Evenness Tester and reporting the yarn imperfections, thick places, thin places, and neps, and the present coefficient of variation, per sample	6.50
29.0 Strength of cotton fabric. Reporting the average warp and filling strength by the grab method as based on 5 breaks for both warp and filling of fabric furnished by the applicant, per sample	20.00
29.1 Cotton fabric analysis. Reporting data on the number of warp and filling threads per inch and weight per yard of fabric based on at least three (3) 6 × 6 inch specimens of fabric which were processed or furnished by the applicant, per sample	35.00
30.0 Chemical finishing tests on finished drawing silver. The Ahiba Texomat Dyer is used for scouring, bleaching and dyeing of a 3-gram sample. Color measurements are made on the unfinished, bleached and dyed cotton samples, using a Hunterlab Colorimeter, Model 25 M-3. The color values are reported in terms of reflectance (Rd), yellowness (+b) and blueness (-b)	16.00
Minimum fee	48.00
32.0 Furnishing identified cotton samples. Includes samples of ginned lint stock at any stage of processing or testing, waste of any type, yarn or fabric selected and identified in connection with fiber and/or spinning tests, per identified sample	4.25
33.0 Furnishing additional copies of test reports. Including extra copies in addition to the two copies routinely furnished in connection with each test item, per additional sheet	1.50
Minimum fee	6.00
33.1 Furnishing a certified relisting of test results. Includes samples of sub-samples selected from any previous tests, per sheet	18.00
33.2 Sending copies of test reports for facsimile (FAX), per sheet:
a. Within continental United States	2.00
b. Outside continental United States	5.00
34.0 Classification of ginned cotton lint is available in connection with other fiber tests, under the provisions of 7 CFR part 28, § 28.56, Classification includes grade only based on a 6 oz. (170 g.) sample.

[57 FR 27893, June 23, 1992]

§ 28.957 - Special tests and fees.

Tests may be performed for cooperating agencies and organizations to the extent that available facilities will permit, subject to the payment of fees as determined by the Director. Special tests and services not listed in § 28.956 may be performed to the extent that available facilities will permit, subject to the payment of fees determined by the Director.

§ 28.958 - Payment of fees.

As soon as practicable after the last day of each calendar month, bills shall be rendered by officers in charge of testing laboratories to all persons from whom payment of fees and costs under the regulations in this subpart shall become due, provided that when desirable any bill may be rendered at an earlier date. Payment shall be by check or by draft or post office or express money order, payable to the order of “Agricultural Marketing Service, USDA.”

[35 FR 8532, June 3, 1970. Redesignated at 46 FR 30075, June 5, 1981]

§ 28.959 - Limitation of testing services.

If at any time funds available for services under the regulations in this subpart may be insufficient to provide for the testing of all samples that may be submitted for the purpose, the Director may place reasonable limitations upon the quantities of samples to be submitted by individuals during any one fiscal year or any one calendar month, and may direct that samples received from cotton breeders shall take precedence over those received from other persons.

[35 FR 8532, June 3, 1970. Redesignated at 46 FR 30075, June 5, 1981]

§ 28.960 - Confidential information.

No information concerning individual tests under the regulations in this subpart shall be published or communicated in such a way as to disclose to others the identity of the owners of cotton represented by samples submitted for testing, except with the written permission of such owners.

[35 FR 8532, June 3, 1970. Redesignated at 46 FR 30075, June 5, 1981]

§ 28.961 - False and misleading information.

The publication or communication by any person of false or misleading information concerning the results of tests as reported by laboratories under the regulations in this subpart shall be deemed sufficient cause for denial of testing services to such persons.

[35 FR 8532, June 3, 1970. Redesignated at 46 FR 30075, June 5, 1981]

source: 22 FR 10930, Dec. 28, 1957, unless otherwise noted.

cite as: 7 CFR 28.950