I read this posting out of order, and later than the other one. I'm not sure about the Tier 1 testing exemption, its not clear what to conclude. The only added insight is that the Tier 1 and Tier 2 test results are not copyrighted. They are stated as being done on contract to the NBB, but are by definition in the public domain. Is that significant?
Tom Leue In a message dated 7/31/02 8:07:42 PM, [EMAIL PROTECTED] writes: << Hi everyone, I have been on the phone with various government officials at various agencies. I have a guy at the Agricultural Marketing Service trying to answer the question of whether checkoff funds are considered private or public monies. Someone on this list asserted that it was with such funds that the Soybean Board/Council funded the NBB Tier 1 testing. Is there any documentary proof of this? I also have a request in to EPA about Tier One testing requirements. Joe Sapata left me a message saying that we could not use the NBB test data, but I don't know the rationale. Non-discrimination is an issue that Glenn Ellis brought up. Where I see the discrimination, beyond denying public use of NBB testing data bought (putatively) with public money, is EPA's refusal to grant the Tier One testing exception to small biodiesel producers. [All the following info can be found at: http://www.epa.gov/icr/icrs/icrpages/1696ss03.htm] Specifically: As part of its Information Collection Request, (EPA ICR Number 1696.03, OMB Control Number 2060-0297) section 2(a), EPA writes: "There are several exceptions to the above, in order to lessen the burden for small businesses. Manufacturers of baseline and/or nonbaseline products, who have an annual sales revenue of less than $50 million, are exempt from Tier 1 and Tier 2. Manufacturers of atypical products, who have an annual sales revenue of less than $10 million, are exempt from Tier 2."
