80 FR 36231 - Cotton Research and Promotion Program: Procedures for Conduct of Sign-up Period
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 80, Issue 121 (June 24, 2015)
Agricultural Marketing Service
Federal Register Volume 80, Issue 121 (June 24, 2015)
| Page Range | 36231-36234 | |
| FR Document | 2015-15423 |
[Federal Register Volume 80, Number 121 (Wednesday, June 24, 2015)] [Rules and Regulations] [Pages 36231-36234] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-15423] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1205 [AMS-CN-12-0059] Cotton Research and Promotion Program: Procedures for Conduct of Sign-up Period AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. ----------------------------------------------------------------------- [[Page 36232]] SUMMARY: This rule amends the rules and regulations regarding the procedures for the conduct of a sign-up period for eligible cotton producers and importers to request a continuance referendum on the 1991 amendments to the Cotton Research and Promotion Order (Order) provided in the 1990 amendments to the Cotton Research and Promotion Act (Act). The amendments update various dates, name changes, addresses, and make other administrative changes. DATES: Effective Date: July 24, 2015. FOR FURTHER INFORMATION CONTACT: Shethir M. Riva, Chief, Research and Promotion Staff, Cotton and Tobacco Program, Agricultural Marketing Service, USDA, 100 Riverside Parkway, Suite 101, Fredericksburg, Virginia 22406, telephone (540) 361-2726, facsimile (540) 361-1199, or email at [email protected]. SUPPLEMENTARY INFORMATION: Executive Order 12866 and Executive Order 13563 Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health, and safety effects, distributive impacts and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. This action has been designated as a ``non-significant regulatory action'' under Sec. 3(f) of Executive Order 12866. Accordingly, the Office of Management and Budget (OMB) has waived the review process. Executive Order 13175 This action has been reviewed in accordance with the requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. The review reveals that this rule would not have substantial and direct effects on Tribal governments and would not have significant tribal implications. Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have retroactive effect. The Cotton Research and Promotion Act (7 U.S.C. 2101-2118) (Act) provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 12 of the Act, any person subject to an order may file with the Secretary of Agriculture (Secretary) a petition stating that the order, any provision of the plan, or any obligation imposed in connection with the order is not in accordance with law and requesting a modification of the order or to be exempted therefrom. Such person is afforded the opportunity for a hearing on the petition. After the hearing, the Secretary would rule on the petition. The Act provides that the District Court of the United States in any district in which the person is an inhabitant, or has his principal place of business, has jurisdiction to review the Secretary's ruling, provided a complaint is filed within 20 days from the date of the entry of ruling. Regulatory Flexibility Act In accordance with the Regulatory Flexibility Act (RFA) [5 U.S.C. 601-612], the Agricultural Marketing Service (AMS) has examined the economic impact of this rule on small entities. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such action so that small businesses will not be unduly or disproportionately burdened. The Small Business Administration defines, in 13 CFR part 121, small agricultural producers as those having annual receipts of no more than $750,000 and small agricultural service firms (importers) as having receipts of no more than $7,000,000. In 2014, an estimated 16,000 producers, and approximately 20,000 importers were subject to the order. The majority of these producers and importers are small businesses under the criteria established by the Small Business Administration. There are no Federal rules that duplicate, overlap, or conflict with this rule. Only those eligible persons who are in favor of conducting a referendum would need to participate in the sign-up period. Of the 46,220 total valid ballots received in the 1991 referendum, 27,879, or 60 percent, favored the amendments to the Order, and 18,341, or 40 percent, opposed the amendments to the Order. This rule will provide those persons who are not in favor of the continuance of the Order amendments an opportunity to request a continuance referendum. The eligibility and participation requirements for producers and importers are substantially the same as the rules that established the eligibility and participation requirements for the 1991 referendum, and for the 1997, 2001, and 2007 sign-up periods. The sign-ups in 1997, 2001, and 2007 sign-ups did not generate the required number of signatures to hold another referendum. The amendments in this action would update various dates, name changes, addresses, and make other miscellaneous changes. The sign-up procedures would not impose a substantial burden or have a significant impact on persons subject to the Order, because participation is not mandatory, not all persons subject to the Order are expected to participate, and USDA will determine producer and importer eligibility. The information collection requirements under the Paperwork Reduction Act are minimal. Paperwork Reduction Act The information collections proposed by this rule will be carried out under the OMB Control Number 0581-0093. This rule will not add to the overall burden currently approved by OMB and assigned OMB Control Number 0581-0093 under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). This OMB Control Number is referenced in section 1205.541 of the regulations. Background The 1991 amendments to the Cotton Research and Promotion Order (7 CFR part 1205) were implemented following the July 1991 referendum. The amendments were provided for in the 1990 amendments to the Cotton Research and Promotion Act (7 U.S.C. 2101-2118). These amendments provided for: (1) Importer representation on the Cotton Board by an appropriate number of persons, to be determined by USDA, who import cotton or cotton products into the U.S., and whom USDA selects from nominations submitted by importer organizations certified by USDA; (2) assessments levied on imported cotton and cotton products at a rate determined in the same manner as for U.S. cotton; (3) increasing the amount USDA can be reimbursed for the conduct of a referendum from $200,000 to $300,000; (4) reimbursing government agencies that assist in administering the collection of assessments on imported cotton and cotton products; and (5) terminating the right of producers to demand a refund of assessments. On May 29, 2013, USDA issued a determination based on its review (78 FR 32228), not to conduct a referendum regarding the 1991 amendments to the Order; however, the Act provides that USDA shall nevertheless conduct a referendum at the request of 10 percent or more of the total number of eligible producers and importers that voted in the most recent referendum. The Act provides for a sign-up period during [[Page 36233]] which eligible cotton producers and importers may request that USDA conduct a referendum on continuation of the 1991 amendments to the Order. Accordingly, USDA will provide all eligible Upland cotton producers and importers an opportunity to request a continuance referendum regarding the 1991 amendments to the Order. Pursuant to section 8(c) of the Act, the sign-up period will be provided for all eligible producers and importers. Eligible cotton producers will be provided the opportunity to sign-up to request a continuance referendum in person at the county Farm Service Agency (FSA) office where their farm is located. If a producer's land is in more than one county, the producer shall sign-up at the county office where FSA administratively maintains and processes the producer's farm records. Producers may alternatively request a sign-up form in the mail from the same office or through the USDA, AMS Web site: http://www.ams.usda.gov/Cotton and return it to their FSA office or return their signed request forms to USDA, Agricultural Marketing Service, Cotton and Tobacco Program, Attention: Cotton Sign-Up, P.O. Box 23181, Washington, DC 20077-8249. Eligible importers would be provided the opportunity to sign up to request a continuance referendum by downloading a form from the AMS Web site, or request a sign-up form by contacting [email protected] or (540) 361-2726 and return their signed request forms to USDA, Agricultural Marketing Service, Cotton and Tobacco Program, Attention: Cotton Sign-Up, P.O. Box 23181, Washington, DC 20077-8249. Such request must be accompanied by a copy of the U.S. Customs and Border Protection form 7501 showing payment of a cotton assessment for calendar year 2014. Requests and supporting documentation should be mailed to USDA, AMS, Cotton and Tobacco Program, Attention: Cotton Sign-Up, P.O. Box 23181, Washington, DC 20077-8249. The sign-up period will be from August 3, 2015, through August 14, 2015. Producer and importer forms shall only be counted if received by USDA during the stated sign-up period. Section 8(c)(2) of the Act provides that if USDA determines, based on the results of the sign-up, that 10 percent or more of the total number of eligible producers and importers that voted in the most recent 1991 referendum (i.e., 4,622) request a continuance referendum on the 1991 amendments, a referendum will be held within 12 months after the end of the sign-up period. In counting such requests, however, not more than 20 percent may be from producers from any one state or from importers of cotton. For example, when counting the requests, the AMS Cotton and Tobacco Program would determine the total number of valid requests from all cotton-producing states and from importers. Not more than 20 percent of the total requests will be counted from any one state or from importers toward reaching the 10 percent for 4,622 total signatures required to call for a referendum. If USDA determines that 10 percent or more of the number of producers and importers who voted in the most recent referendum favor a continuance referendum, a referendum will be held. This rule amends the procedures for the conduct of the current sign-up period. The current rules and regulations provide for sections on definitions, supervision of the sign-up period, eligibility, participation in the sign-up period, counting requests, reporting results and instructions and forms. In Sec. Sec. 1205.20, 1205.26, and 1205.27 ``calendar year 2006'' changes to ``calendar year 2014.'' Also, in Sec. 1205.26, eligible persons are further defined to ensure that all producers that planted cotton during 2014 will be eligible to participate in the sign-up period. In Sec. Sec. 1205.27, 1205.28, and 1205.29 sign-up period conduct dates, FSA reporting dates, and mailing addresses are updated. Under Sec. 1205.27(b), AMS will post information in its Web site rather than mailing a form to each known importer. Before the start of the sign-up period, AMS will post sign-up information, including sign- up forms, on its Web site: http://www.ams.usda.gov/Cotton. A proposed rule with a request for comments was published in the Federal Register on April 13, 2015, (80 FR 19567). In addition, AMS Cotton and Tobacco Program distributed and posted a Notice to the Trade on its Web site at: http://www.ams.usda.gov/cotton, under ``Cotton Research and Promotion 5-Year Review & Sign-up.'' No comments were received on the proposed rule. While AMS received no comments during the proposed rule comment period suggesting that the timeframe was insufficient, AMS identified a beneficial change and will amend the sign-up dates and FSA reporting dates to allow for a thirty-day effective date for this final rule. This rule amends the subpart pertaining to established procedures for use during the sign-up period. Accordingly, AMS is amending the regulations as proposed in the Notice of Proposed Rulemaking with additional changes to the sign-up dates and the FSA reporting dates to take into account the effective date of this final rule. List of Subjects in 7 CFR Part 1205 Advertising, Agricultural research, Cotton, Marketing agreements, Reporting and recordkeeping requirements. 7 CFR part 1205, subpart 1205.10 through 1205.30 For the reasons set forth in the preamble, 7 CFR part 1205 is amended as follows: PART 1205--COTTON RESEARCH AND PROMOTION 0 1. The authority citation part 1205 is revised to read as follows: Authority: 7 U.S.C. 2101-2118. 0 2. Section 1205.20 is revised to read as follows: Sec. 1205.20 Representative period. The term representative period means the 2014 calendar year. 0 3. In Sec. 1205.26, paragraphs (a)(1) and (2) are revised to read as follows: Sec. 1205.26 Eligibility. * * * * * (a) * * * (1) any person who was engaged in the production of Upland cotton during calendar year 2014; and (2) any person who was an importer of Upland cotton and imported Upland cotton in excess of the value of $2.00 per line item entry during calendar year 2014. * * * * * 0 4. Section 1205.27 is revised to read as follows: Sec. 1205.27 Participation in the sign-up period. The sign-up period will be from August 3, 2015, until August 14, 2015. Those persons who favor the conduct of a continuance referendum and who wish to request that USDA conduct such a referendum may do so by submitting such request in accordance with this section. All requests must be received by the appropriate USDA office by August 14, 2015. (a) Before the sign-up period begins, FSA shall establish a list of known, eligible, Upland cotton producers in the county that it serves during the representative period, and AMS shall also establish a list of known, eligible Upland cotton importers. (b) Before the start of the sign-up period, AMS will post sign-up information, including sign-up forms, [[Page 36234]] on its Web site: http://www.ams.usda.gov/Cotton. Importers who favor the conduct of a continuance referendum can download a form from the Web site, or request a sign-up form by contacting [email protected] or (540) 361-2726 and one will be provided to them. Importers may participate in the sign-up period by submitting a signed, written request for a continuance referendum, along with a copy of a U.S. Customs and Border Protection form 7501 showing payment of a cotton assessment for calendar year 2014. The USDA, AMS, Cotton and Tobacco Program, Attention: Cotton Sign-Up, P.O. Box 23181, Washington, DC 20077-8249 shall be considered the polling place for all cotton importers. All requests and supporting documents must be received by August 14, 2015. (c) Each person on the county FSA office lists may participate in the sign-up period. Eligible producers must date and sign their name on the ``County FSA Office Sign-up Sheet.'' A person whose name does not appear on the county FSA office list may participate in the sign-up period. Such person must be identified on FSA-578 during the representative period or provide documentation that demonstrates that the person was a cotton producer during the representative period. Cotton producers not listed on the FSA-578 shall submit at least one sales receipt for cotton they planted during the representative period. Cotton producers must make requests to the county FSA office where the producer's farm is located. If the producer's land is in more than one county, the producer shall make request at the county office where FSA administratively maintains and processes the producer's farm records. It is the responsibility of the person to provide the information needed by the county FSA office to determine eligibility. It is not the responsibility of the county FSA office to obtain this information. If any person whose name does not appear on the county FSA office list fails to provide at least one sales receipt for the cotton they produced during the representative period, the county FSA office shall determine that such person is ineligible to participate in the sign-up period, and shall note ``ineligible'' in the remarks section next to the person's name on the county FSA office sign-up sheet. In lieu of personally appearing at a county FSA office, eligible producers may request a sign-up form from the county FSA office where the producer's farm is located. If the producer's land is in more than one county, the producer shall make the request for the sign-up form at the county office where FSA administratively maintains and processes the producer's farm records. Such request must be accompanied by a copy of at least one sales receipt for cotton they produced during the representative period. The appropriate FSA office must receive all completed forms and supporting documentation by August 14, 2015. 0 5. In Sec. 1205.28, the first sentence is revised to read as follows: Sec. 1205.28 Counting. County FSA offices and FSA, Deputy Administrator for Field Operations (DAFO), shall begin counting requests no later than August 14, 2015. * * * 0 6. Section 1205.29 is revised to read as follows: Sec. 1205.29 Reporting results. (a) Each county FSA office shall prepare and transmit to the state FSA office, by August 21, 2015, a written report of the number of eligible producers who requested the conduct of a referendum, and the number of ineligible persons who made requests. (b) DAFO shall prepare, by August 21, 2015, a written report of the number of eligible importers who requested the conduct of a referendum, and the number of ineligible persons who made requests. (c) Each state FSA office shall, by August 21, 2015, forward all county reports to DAFO. By August 28, 2015, DAFO shall forward its report of the total number of eligible producers and importers that requested a continuance referendum, through the sign-up period, to the Deputy Administrator, Cotton and Tobacco Program, Agricultural Marketing Service, USDA, 100 Riverside Parkway, Suite 101, Fredericksburg, Virginia 22406. Authority: 7 U.S.C. 2101-2118. Dated: June 18, 2015. Rex A. Barnes, Associate Administrator. [FR Doc. 2015-15423 Filed 6-23-15; 8:45 am] BILLING CODE 3410-02-P
![36231
Rules and Regulations Federal Register
Vol. 80, No. 121
Wednesday, June 24, 2015
This section of the FEDERAL REGISTER American Recovery and Reinvestment relationship between the national
contains regulatory documents having general Act of 2009, Public Law 111–5, as government and the States, or on the
applicability and legal effect, most of which amended, requires that the Board distribution of power and
are keyed to and codified in the Code of terminate on September 30, 2015. After responsibilities among the various
Federal Regulations, which is published under that date, because the Board will cease levels of government.
50 titles pursuant to 44 U.S.C. 1510.
to exist, there will be no need for the Congressional Review Act
The Code of Federal Regulations is sold by Board’s regulations or Chapter II of Title
the Superintendent of Documents. Prices of 4 of the Code of Federal Regulations. The Board has determined that this
new books are listed in the first FEDERAL Through this final rule, the Board’s rule is not a major rule as defined by the
REGISTER issue of each week. regulations and Chapter II of Title 4 are Congressional Review Act, 5 U.S.C. 804.
removed from the Code of Federal The rule is being submitted to both
Regulations effective September 30, Houses of Congress and the Comptroller
RECOVERY ACCOUNTABILITY AND 2015. General in accordance with the
TRANSPARENCY BOARD Congressional Review Act.
Administrative Procedure Act
4 CFR Chapter II List of Subjects
Pursuant to 5 U.S.C. 553(b), the Board
finds good cause exists for waiving the 4 CFR Part 200
Removal of Recovery Accountability general notice of proposed rulemaking
and Transparency Board Regulations Administrative practice and
and opportunity for public comment as procedure, Privacy, Reporting and
AGENCY: Recovery Accountability and to this rule. Notice and comment before recordkeeping requirements.
Transparency Board. the effective date are being waived
because this rule and the resulting 4 CFR Part 201
ACTION: Final rule.
removal of the Board’s regulations arise Administrative practice and
SUMMARY: The Recovery Accountability out of a matter regarding which the procedure, Freedom of information,
and Transparency Board (Board) Board has no discretion—namely, the Reporting and recordkeeping
previously issued regulations pertaining termination of the Board on September requirements.
to the Privacy Act of 1974, Public 30, 2015. As the Board has no 4 CFR Part 202
Information and Requests, and the discretion, public comment is
Board’s Official Seal. These are the only unnecessary. Official seal.
Board issued regulations codified in the For the reasons set forth in the
Executive Orders 12866 and 13563 preamble and pursuant to sec. 1530,
Code of Federal Regulations. On
September 30, 2015, the Board is The Board has reviewed this rule to Public Law. 111–5, 123 Stat. 115 (as
required by the American Recovery and ensure its consistency with the amended) and general rulemaking
Reinvestment Act of 2009, as amended, regulatory philosophy and principles set authority, the Recovery Accountability
to terminate. After that date, because the forth in Executive Orders 12866 and and Transparency Board amends title 4
Board will cease to exist, there will be 13563. The Board has determined that of the Code of Federal Regulations by
no need for the Board’s regulations. this rule is non-significant within the removing Chapter II in its entirety,
Accordingly, this final rule removes the meaning of Executive Order 12866. consisting of parts 200, 201, and 202.
Board’s regulations from the Code of Therefore, this rule is not required to be 4 CFR Chapter II [Removed]
Federal Regulations effective September and has not been reviewed by the Office
30, 2015. of Management and Budget. Dated: June 16, 2015.
DATES: This rule is effective September Kathleen S. Tighe,
Regulatory Flexibility Act
30, 2015. Chair, Recovery Accountability and
These proposed regulations will not Transparency Board.
FOR FURTHER INFORMATION CONTACT:
have a significant economic impact on [FR Doc. 2015–15359 Filed 6–23–15; 8:45 am]
Atticus J. Reaser, General Counsel, (202) a substantial number of small entities.
254–7900. Therefore, a regulatory flexibility
BILLING CODE 6821–15–P
SUPPLEMENTARY INFORMATION: analysis as provided by the Regulatory
Background Information Flexibility Act, as amended, is not
DEPARTMENT OF AGRICULTURE
required.
Chapter II of Title 4 of the Code of
Federal Regulations contains all Paperwork Reduction Act Agricultural Marketing Service
regulations previously issued by the These proposed regulations impose
Board, including: (1) Regulations 7 CFR Part 1205
no additional reporting and
pertaining to the Privacy Act of 1974 in recordkeeping requirements. Therefore, [AMS–CN–12–0059]
Part 200; (2) regulations pertaining to
wreier-aviles on DSK5TPTVN1PROD with RULES
clearance by the Office of Management
Public Information and Requests in Part and Budget is not required. Cotton Research and Promotion
201; and (3) regulations pertaining to Program: Procedures for Conduct of
the Board’s Official Seal in Part 202. Federalism (Executive Order 13132) Sign-up Period
These are the only Board issued This rule does not have Federalism AGENCY: Agricultural Marketing Service,
regulations codified in the Code of implications, as set forth in Executive USDA.
Federal Regulations. Section 1530 of the Order 13132. It will not have substantial
ACTION: Final rule.
Board’s enabling legislation, the direct effects on the States, on the
VerDate Sep<11>2014 14:13 Jun 23, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\24JNR1.SGM 24JNR1](https://thefederalregister.org/doc/80_FR_36352/page/1.svg)
![36232 Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Rules and Regulations
SUMMARY: This rule amends the rules person subject to an order may file with number of signatures to hold another
and regulations regarding the the Secretary of Agriculture (Secretary) referendum. The amendments in this
procedures for the conduct of a sign-up a petition stating that the order, any action would update various dates,
period for eligible cotton producers and provision of the plan, or any obligation name changes, addresses, and make
importers to request a continuance imposed in connection with the order is other miscellaneous changes.
referendum on the 1991 amendments to not in accordance with law and The sign-up procedures would not
the Cotton Research and Promotion requesting a modification of the order or impose a substantial burden or have a
Order (Order) provided in the 1990 to be exempted therefrom. Such person significant impact on persons subject to
amendments to the Cotton Research and is afforded the opportunity for a hearing the Order, because participation is not
Promotion Act (Act). The amendments on the petition. After the hearing, the mandatory, not all persons subject to the
update various dates, name changes, Secretary would rule on the petition. Order are expected to participate, and
addresses, and make other The Act provides that the District Court USDA will determine producer and
administrative changes. of the United States in any district in importer eligibility. The information
DATES: Effective Date: July 24, 2015. which the person is an inhabitant, or collection requirements under the
has his principal place of business, has Paperwork Reduction Act are minimal.
FOR FURTHER INFORMATION CONTACT:
jurisdiction to review the Secretary’s Paperwork Reduction Act
Shethir M. Riva, Chief, Research and
ruling, provided a complaint is filed
Promotion Staff, Cotton and Tobacco The information collections proposed
within 20 days from the date of the
Program, Agricultural Marketing by this rule will be carried out under the
entry of ruling.
Service, USDA, 100 Riverside Parkway, OMB Control Number 0581–0093. This
Suite 101, Fredericksburg, Virginia Regulatory Flexibility Act rule will not add to the overall burden
22406, telephone (540) 361–2726, In accordance with the Regulatory currently approved by OMB and
facsimile (540) 361–1199, or email at Flexibility Act (RFA) [5 U.S.C. 601– assigned OMB Control Number 0581–
Shethir.Riva@ams.usda.gov. 612], the Agricultural Marketing Service 0093 under the provisions of the
SUPPLEMENTARY INFORMATION: (AMS) has examined the economic Paperwork Reduction Act of 1995 (44
impact of this rule on small entities. The U.S.C. Chapter 35). This OMB Control
Executive Order 12866 and Executive
purpose of the RFA is to fit regulatory Number is referenced in section
Order 13563 1205.541 of the regulations.
actions to the scale of businesses subject
Executive Orders 12866 and 13563 to such action so that small businesses Background
direct agencies to assess all costs and will not be unduly or disproportionately
benefits of available regulatory burdened. The Small Business The 1991 amendments to the Cotton
alternatives and, if regulation is Administration defines, in 13 CFR part Research and Promotion Order (7 CFR
necessary, to select regulatory 121, small agricultural producers as part 1205) were implemented following
approaches that maximize net benefits those having annual receipts of no more the July 1991 referendum. The
(including potential economic, than $750,000 and small agricultural amendments were provided for in the
environmental, public health, and safety service firms (importers) as having 1990 amendments to the Cotton
effects, distributive impacts and equity). receipts of no more than $7,000,000. In Research and Promotion Act (7 U.S.C.
Executive Order 13563 emphasizes the 2014, an estimated 16,000 producers, 2101–2118). These amendments
importance of quantifying both costs and approximately 20,000 importers provided for: (1) Importer representation
and benefits, reducing costs, were subject to the order. The majority on the Cotton Board by an appropriate
harmonizing rules, and promoting of these producers and importers are number of persons, to be determined by
flexibility. This action has been small businesses under the criteria USDA, who import cotton or cotton
designated as a ‘‘non-significant established by the Small Business products into the U.S., and whom
regulatory action’’ under § 3(f) of Administration. USDA selects from nominations
Executive Order 12866. Accordingly, There are no Federal rules that submitted by importer organizations
the Office of Management and Budget duplicate, overlap, or conflict with this certified by USDA; (2) assessments
(OMB) has waived the review process. rule. levied on imported cotton and cotton
Only those eligible persons who are in products at a rate determined in the
Executive Order 13175 favor of conducting a referendum would same manner as for U.S. cotton; (3)
This action has been reviewed in need to participate in the sign-up increasing the amount USDA can be
accordance with the requirements of period. Of the 46,220 total valid ballots reimbursed for the conduct of a
Executive Order 13175, Consultation received in the 1991 referendum, referendum from $200,000 to $300,000;
and Coordination with Indian Tribal 27,879, or 60 percent, favored the (4) reimbursing government agencies
Governments. The review reveals that amendments to the Order, and 18,341, that assist in administering the
this rule would not have substantial and or 40 percent, opposed the amendments collection of assessments on imported
direct effects on Tribal governments and to the Order. This rule will provide cotton and cotton products; and (5)
would not have significant tribal those persons who are not in favor of terminating the right of producers to
implications. the continuance of the Order demand a refund of assessments.
amendments an opportunity to request On May 29, 2013, USDA issued a
Executive Order 12988 determination based on its review (78
a continuance referendum.
This rule has been reviewed under The eligibility and participation FR 32228), not to conduct a referendum
Executive Order 12988, Civil Justice requirements for producers and regarding the 1991 amendments to the
wreier-aviles on DSK5TPTVN1PROD with RULES
Reform. It is not intended to have importers are substantially the same as Order; however, the Act provides that
retroactive effect. the rules that established the eligibility USDA shall nevertheless conduct a
The Cotton Research and Promotion and participation requirements for the referendum at the request of 10 percent
Act (7 U.S.C. 2101–2118) (Act) provides 1991 referendum, and for the 1997, or more of the total number of eligible
that administrative proceedings must be 2001, and 2007 sign-up periods. The producers and importers that voted in
exhausted before parties may file suit in sign-ups in 1997, 2001, and 2007 sign- the most recent referendum. The Act
court. Under section 12 of the Act, any ups did not generate the required provides for a sign-up period during
VerDate Sep<11>2014 14:13 Jun 23, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\24JNR1.SGM 24JNR1](https://thefederalregister.org/doc/80_FR_36352/page/2.svg)
![36234 Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Rules and Regulations
on its Web site: http:// shall note ‘‘ineligible’’ in the remarks Dated: June 18, 2015.
www.ams.usda.gov/Cotton. Importers section next to the person’s name on the Rex A. Barnes,
who favor the conduct of a continuance county FSA office sign-up sheet. In lieu Associate Administrator.
referendum can download a form from of personally appearing at a county FSA [FR Doc. 2015–15423 Filed 6–23–15; 8:45 am]
the Web site, or request a sign-up form office, eligible producers may request a BILLING CODE 3410–02–P
by contacting CottonRP@ams.usda.gov sign-up form from the county FSA office
or (540) 361–2726 and one will be where the producer’s farm is located. If
provided to them. Importers may the producer’s land is in more than one
participate in the sign-up period by county, the producer shall make the DEPARTMENT OF ENERGY
submitting a signed, written request for request for the sign-up form at the
a continuance referendum, along with a county office where FSA Federal Energy Regulatory
copy of a U.S. Customs and Border administratively maintains and Commission
Protection form 7501 showing payment processes the producer’s farm records.
of a cotton assessment for calendar year Such request must be accompanied by 18 CFR Part 385
2014. The USDA, AMS, Cotton and a copy of at least one sales receipt for
Tobacco Program, Attention: Cotton cotton they produced during the [Docket No. RM15–5–000; Order No. 811]
Sign-Up, P.O. Box 23181, Washington, representative period. The appropriate
DC 20077–8249 shall be considered the FSA office must receive all completed Revised Exhibit Submission
polling place for all cotton importers. forms and supporting documentation by Requirements for Commission
All requests and supporting documents August 14, 2015. Hearings
must be received by August 14, 2015. ■ 5. In § 1205.28, the first sentence is
(c) Each person on the county FSA revised to read as follows: AGENCY: Federal Energy Regulatory
office lists may participate in the sign- Commission, DOE.
up period. Eligible producers must date § 1205.28 Counting. ACTION: Final rule.
and sign their name on the ‘‘County County FSA offices and FSA, Deputy
FSA Office Sign-up Sheet.’’ A person Administrator for Field Operations SUMMARY: In this Final Rule, the Federal
whose name does not appear on the (DAFO), shall begin counting requests Energy Regulatory Commission
county FSA office list may participate in no later than August 14, 2015. * * * (Commission) is amending Rule 508 of
the sign-up period. Such person must be ■ 6. Section 1205.29 is revised to read the Commission’s Rules of Practice and
identified on FSA–578 during the as follows: Procedure to eliminate the requirement
representative period or provide that participants in Commission trial-
documentation that demonstrates that § 1205.29 Reporting results. type evidentiary hearings must provide
the person was a cotton producer during (a) Each county FSA office shall paper copies of all exhibits introduced
the representative period. Cotton prepare and transmit to the state FSA as evidence. The Final Rule will
producers not listed on the FSA–578 office, by August 21, 2015, a written facilitate a shift toward electronic
shall submit at least one sales receipt for report of the number of eligible hearing procedures which should
cotton they planted during the producers who requested the conduct of improve the efficiency and
representative period. Cotton producers a referendum, and the number of administrative convenience of the
must make requests to the county FSA ineligible persons who made requests. Commission hearing process, reduce the
office where the producer’s farm is (b) DAFO shall prepare, by August 21, burden and expense associated with
located. If the producer’s land is in more 2015, a written report of the number of paper exhibits, and facilitate the
than one county, the producer shall eligible importers who requested the compilation and transmittal of the
make request at the county office where conduct of a referendum, and the hearing record to the Commission in
FSA administratively maintains and number of ineligible persons who made electronic format.
processes the producer’s farm records. It requests.
(c) Each state FSA office shall, by DATES: This rule will become effective
is the responsibility of the person to July 24, 2015.
provide the information needed by the August 21, 2015, forward all county
reports to DAFO. By August 28, 2015, FOR FURTHER INFORMATION CONTACT:
county FSA office to determine
DAFO shall forward its report of the Karin Herzfeld, Office of the General
eligibility. It is not the responsibility of
total number of eligible producers and Counsel, Federal Energy Regulatory
the county FSA office to obtain this
importers that requested a continuance Commission, 888 First Street NE.,
information. If any person whose name
referendum, through the sign-up period, Washington, DC 20426, Telephone:
does not appear on the county FSA
to the Deputy Administrator, Cotton and (202) 502–8459.
office list fails to provide at least one
Tobacco Program, Agricultural SUPPLEMENTARY INFORMATION:
sales receipt for the cotton they
Marketing Service, USDA, 100 Riverside
produced during the representative Order No. 811
Parkway, Suite 101, Fredericksburg,
period, the county FSA office shall
Virginia 22406. Final Rule
determine that such person is ineligible
to participate in the sign-up period, and Authority: 7 U.S.C. 2101–2118. Table of Contents
Paragraph
Nos.
wreier-aviles on DSK5TPTVN1PROD with RULES
I. Background ............................................................................................................................................................................................ 2.
II. Discussion ............................................................................................................................................................................................ 4.
III. Information Collection Statement ...................................................................................................................................................... 7.
IV. Environmental Analysis ..................................................................................................................................................................... 8.
V. Regulatory Flexibility Act ................................................................................................................................................................... 9.
VI. Document Availability ....................................................................................................................................................................... 11.
VII. Effective Date and Congressional Notification ................................................................................................................................ 14.
VerDate Sep<11>2014 14:13 Jun 23, 2015 Jkt 235001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\24JNR1.SGM 24JNR1](https://thefederalregister.org/doc/80_FR_36352/page/4.svg)
Document Created: 2015-12-15 14:09:28
Document Modified: 2015-12-15 14:09:28
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Contact | Shethir M. Riva, Chief, Research and Promotion Staff, Cotton and Tobacco Program, Agricultural Marketing Service, USDA, 100 Riverside Parkway, Suite 101, Fredericksburg, Virginia 22406, telephone (540) 361-2726, facsimile (540) 361-1199, or email at [email protected] | |
| FR Citation | 80 FR 36231 | |
| CFR Associated | Advertising; Agricultural Research; Cotton; Marketing Agreements and Reporting and Recordkeeping Requirements |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR