80_FR_76891 80 FR 76654 - Cotton Research and Promotion Program: Determination of Whether To Conduct a Referendum Regarding the 1990 Amendments to the Cotton Research and Promotion Act

80 FR 76654 - Cotton Research and Promotion Program: Determination of Whether To Conduct a Referendum Regarding the 1990 Amendments to the Cotton Research and Promotion Act

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 80, Issue 237 (December 10, 2015)

Page Range76654-76655
FR Document2015-31133

This notice announces the U.S. Department of Agriculture's (USDA) determination not to conduct a continuance referendum regarding the 1991 amendments to the Cotton Research and Promotion Order (Order) provided for in the Cotton Research and Promotion Act (Act) amendments of 1990. This determination is based on the results of a sign-up period conducted August 3 through August 14, 2015, during which eligible cotton producers and importers were provided an opportunity to request a continuance referendum.

Federal Register, Volume 80 Issue 237 (Thursday, December 10, 2015)
[Federal Register Volume 80, Number 237 (Thursday, December 10, 2015)]
[Notices]
[Pages 76654-76655]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31133]


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Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

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Federal Register / Vol. 80, No. 237 / Thursday, December 10, 2015 / 
Notices

[[Page 76654]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Docket No. AMS-CN-15-0061]


Cotton Research and Promotion Program: Determination of Whether 
To Conduct a Referendum Regarding the 1990 Amendments to the Cotton 
Research and Promotion Act

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces the U.S. Department of Agriculture's 
(USDA) determination not to conduct a continuance referendum regarding 
the 1991 amendments to the Cotton Research and Promotion Order (Order) 
provided for in the Cotton Research and Promotion Act (Act) amendments 
of 1990. This determination is based on the results of a sign-up period 
conducted August 3 through August 14, 2015, during which eligible 
cotton producers and importers were provided an opportunity to request 
a continuance referendum.

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: During the period of August 3 through August 
14, 2015, pursuant to Section 8(c)(1) of the Act, USDA provided an 
opportunity for eligible cotton producers and importers to request a 
continuance referendum regarding the 1991 amendments to the Order 
provided for in the Act. Sign-up period results showed that USDA 
received 46 valid requests from eligible producers and importers. The 
following table depicts the number of requests for a continuance 
referendum.

------------------------------------------------------------------------
                                                         Total sign-up
           Farm service agency state office                 requests
------------------------------------------------------------------------
Alabama..............................................                  0
Arizona..............................................                  0
Arkansas.............................................                 16
California...........................................                  0
Florida..............................................                  1
Georgia..............................................                  0
Illinois.............................................                  0
Kansas...............................................                  3
Kentucky.............................................                  0
Louisiana............................................                  0
Mississippi..........................................                  1
Missouri.............................................                  1
Nevada...............................................                  0
New Mexico...........................................                  0
North Carolina.......................................                  8
Oklahoma.............................................                  7
South Carolina.......................................                  0
Tennessee............................................                  0
Texas................................................                  9
Virginia.............................................                  0
                                                      ------------------
    Total............................................                 46
------------------------------------------------------------------------

    Section 8(c)(2) of the Act, provides that following a sign-up 
period, USDA shall conduct a referendum upon the request of 10 percent 
or more of the number of cotton producers and importers voting in the 
most recent referendum (1991). This would require 10 percent or 4,622 
(46,220 x .10 = 4,622) of the 46,220 valid ballots cast by cotton 
producers and importers in the July 1991 referendum. It is further 
provided that, in counting such request not more than 20 percent or 924 
may be from producers from any one state or importers of cotton.
    USDA finds that the results of the sign-up period did not meet the 
criteria requiring a continuance referendum by the Act. USDA bases this 
determination on the fact that the 46 requests received during the 
sign-up period is less than the 4,622 required.
    The 1991 amendments to the Order (7 CFR 1205 et seq.) were 
implemented following the July 1991 referendum. The 1990 amendments 
were provided for in the 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 organization 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 July 9, 1991, (56 FR 31289) AMS issued a proposal to amend the 
Order to determine if a majority, 50 percent or more, of producers and 
importers favored implementation of the proposed amendments to the 
Order. USDA conducted a referendum (July 1991) among persons who had 
been cotton producers or cotton importers during a representative 
period. Results of the July 1991 referendum showed that of the 46,220 
valid ballots received; 27,879 or 60 percent of the persons voting 
favored the amendments to the Order and 18,341 or 40 percent opposed 
the amendments.
    Following the July 1991 referendum, AMS implemented the amendments. 
In addition to the previously discussed amendments to the Act and 
Order, USDA is required by Section 8(c)(1) to: (1) Conduct a review 
once every 5 years after the anniversary date of the referendum 
implementing the 1990 Act amendments to determine whether a referendum 
is necessary and (2) make public the results of such a review within 60 
days after each fifth anniversary date of the 1991 implementing 
referendum. Should the review indicate that a referendum is needed USDA 
is directed to conduct the referendum within 12 months after a public 
announcement of review results. Should the review indicate that a 
referendum is not warranted, Section 8(c)(2) includes provisions for 
producers and importers to request a continuance referendum through a 
sign-up period.
    In 2011-2012, the Department prepared a 5-year report that 
described the impact of the Cotton Research and Promotion Program on 
the cotton industry. The review report is available upon written 
request to the Chief of the Cotton Research and Promotion Staff at the 
address provided above. Comments were solicited from all interested 
parties, including persons who pay the assessments as well as from

[[Page 76655]]

organizations representing cotton producers and importers (76 FR 
31573). Five comments, including comments from four certified producer 
organizations that nominate producers to the Cotton Board, claimed 
strong support for the continuance of the program, noting that the 
administration of the Act has been proper, carries out the intent and 
purpose in a timely and superior manner, and requires no changes or 
adjustment.
    USDA reviewed the Cotton Research and Promotion Program major 
program activities and accomplishments, including third-party 
evaluations of advertising and marketing activities and other 
functional areas; the results of producer and importer awareness and 
satisfaction surveys; and data from the Foreign Agricultural Service. 
USDA also reviewed the results of the Cotton Board's 2011 independent 
program evaluation, which assessed the effectiveness of the Cotton 
Research and Promotion Program; the strength of cotton's competitive 
position; the ability to maintain and expand domestic and foreign 
markets; increases in the number of uses for cotton; and estimates of a 
return on investment for stakeholders and qualitative benefits and 
returns associated with the Cotton Research and Promotion Program. The 
review report concluded that the 1990 amendments to the Act were 
successfully implemented and are operating as intended. The report also 
noted that there is a general consensus within the cotton industry that 
the Cotton Research and Promotion Program and the 1990 amendments to 
the Act are operating as intended. Written comments, economic data, and 
results from independent evaluations support this conclusion.
    USDA found no compelling reason to conduct a referendum regarding 
the 1990 Act amendments to the Cotton Research and Promotion Order 
although some program participants support a referendum. In 2013, USDA 
announced its view not to conduct a referendum regarding the 1991 
amendments to the Order (78 FR 32228). Therefore, USDA allowed all 
eligible persons to request the conduct of a continuance referendum on 
the 1990 amendments through a sign-up period. The results of this sign-
up period did not meet the criteria as established by the Act for a 
continuance referendum and, therefore, referenda were not conducted.
    With this announcement of the results of the sign-up period, USDA 
has completed all requirements set forth in Section 8(c) (1) and (2) of 
the Act regarding the review of the Cotton Research and Promotion 
Program to determine if a continuance referendum is warranted. A 
referendum will not be conducted, and no further actions are planned in 
connection with this review.

    Authority: 7 U.S.C. 2101-2118.

    Dated: December 7, 2015.
Rex A. Barnes,
Associate Administrator.
[FR Doc. 2015-31133 Filed 12-9-15; 8:45 am]
 BILLING CODE 3410-02-P



                                                  76654

                                                  Notices                                                                                                                 Federal Register
                                                                                                                                                                          Vol. 80, No. 237

                                                                                                                                                                          Thursday, December 10, 2015



                                                  This section of the FEDERAL REGISTER                    table depicts the number of requests for                        and cotton products at a rate determined
                                                  contains documents other than rules or                  a continuance referendum.                                       in the same manner as for U.S. cotton;
                                                  proposed rules that are applicable to the                                                                               (3) increasing the amount USDA can be
                                                  public. Notices of hearings and investigations,            Farm service agency                     Total sign-up        reimbursed for the conduct of a
                                                  committee meetings, agency decisions and                       state office                          requests           referendum from $200,000 to $300,000;
                                                  rulings, delegations of authority, filing of
                                                  petitions and applications and agency                   Alabama ..........................                          0
                                                                                                                                                                          (4) reimbursing government agencies
                                                  statements of organization and functions are            Arizona ............................                        0   that assist in administering the
                                                  examples of documents appearing in this                 Arkansas .........................                         16   collection of assessments on imported
                                                  section.                                                California .........................                        0   cotton and cotton products; and (5)
                                                                                                          Florida .............................                       1   terminating the right of producers to
                                                                                                          Georgia ...........................                         0   demand a refund of assessments.
                                                  DEPARTMENT OF AGRICULTURE                               Illinois ..............................                     0      On July 9, 1991, (56 FR 31289) AMS
                                                                                                          Kansas ............................                         3   issued a proposal to amend the Order to
                                                  Agricultural Marketing Service                          Kentucky .........................                          0   determine if a majority, 50 percent or
                                                                                                          Louisiana ........................                          0
                                                                                                          Mississippi ......................                          1
                                                                                                                                                                          more, of producers and importers
                                                  [Docket No. AMS–CN–15–0061]                             Missouri ..........................                         1   favored implementation of the proposed
                                                                                                          Nevada ...........................                          0   amendments to the Order. USDA
                                                  Cotton Research and Promotion                           New Mexico ....................                             0   conducted a referendum (July 1991)
                                                  Program: Determination of Whether To                    North Carolina ................                             8   among persons who had been cotton
                                                  Conduct a Referendum Regarding the                      Oklahoma .......................                            7   producers or cotton importers during a
                                                  1990 Amendments to the Cotton                           South Carolina ................                             0   representative period. Results of the July
                                                  Research and Promotion Act                              Tennessee ......................                            0   1991 referendum showed that of the
                                                                                                          Texas ..............................                        9   46,220 valid ballots received; 27,879 or
                                                  AGENCY: Agricultural Marketing Service,                 Virginia ............................                       0
                                                                                                                                                                          60 percent of the persons voting favored
                                                  USDA.
                                                                                                                Total .........................                      46   the amendments to the Order and
                                                  ACTION: Notice.                                                                                                         18,341 or 40 percent opposed the
                                                                                                             Section 8(c)(2) of the Act, provides                         amendments.
                                                  SUMMARY:   This notice announces the
                                                                                                          that following a sign-up period, USDA                              Following the July 1991 referendum,
                                                  U.S. Department of Agriculture’s
                                                                                                          shall conduct a referendum upon the                             AMS implemented the amendments. In
                                                  (USDA) determination not to conduct a
                                                                                                          request of 10 percent or more of the                            addition to the previously discussed
                                                  continuance referendum regarding the
                                                                                                          number of cotton producers and                                  amendments to the Act and Order,
                                                  1991 amendments to the Cotton
                                                                                                          importers voting in the most recent                             USDA is required by Section 8(c)(1) to:
                                                  Research and Promotion Order (Order)
                                                                                                          referendum (1991). This would require                           (1) Conduct a review once every 5 years
                                                  provided for in the Cotton Research and
                                                  Promotion Act (Act) amendments of                       10 percent or 4,622 (46,220 × .10 =                             after the anniversary date of the
                                                                                                          4,622) of the 46,220 valid ballots cast by                      referendum implementing the 1990 Act
                                                  1990. This determination is based on
                                                                                                          cotton producers and importers in the                           amendments to determine whether a
                                                  the results of a sign-up period
                                                                                                          July 1991 referendum. It is further                             referendum is necessary and (2) make
                                                  conducted August 3 through August 14,
                                                                                                          provided that, in counting such request                         public the results of such a review
                                                  2015, during which eligible cotton
                                                                                                          not more than 20 percent or 924 may be                          within 60 days after each fifth
                                                  producers and importers were provided
                                                                                                          from producers from any one state or                            anniversary date of the 1991
                                                  an opportunity to request a continuance
                                                                                                          importers of cotton.                                            implementing referendum. Should the
                                                  referendum.
                                                                                                             USDA finds that the results of the                           review indicate that a referendum is
                                                  FOR FURTHER INFORMATION CONTACT:                        sign-up period did not meet the criteria                        needed USDA is directed to conduct the
                                                  Shethir M. Riva, Chief, Research and                    requiring a continuance referendum by                           referendum within 12 months after a
                                                  Promotion Staff, Cotton and Tobacco                     the Act. USDA bases this determination                          public announcement of review results.
                                                  Program, Agricultural Marketing                         on the fact that the 46 requests received                       Should the review indicate that a
                                                  Service, USDA, 100 Riverside Parkway,                   during the sign-up period is less than                          referendum is not warranted, Section
                                                  Suite 101, Fredericksburg, Virginia                     the 4,622 required.                                             8(c)(2) includes provisions for
                                                  22406, telephone (540) 361–2726,                           The 1991 amendments to the Order (7                          producers and importers to request a
                                                  facsimile (540) 361–1199, or email at                   CFR 1205 et seq.) were implemented                              continuance referendum through a sign-
                                                  Shethir.Riva@ams.usda.gov.                              following the July 1991 referendum. The                         up period.
                                                  SUPPLEMENTARY INFORMATION: During the                   1990 amendments were provided for in                               In 2011–2012, the Department
                                                  period of August 3 through August 14,                   the Act (7 U.S.C. 2101–2118). These                             prepared a 5-year report that described
                                                  2015, pursuant to Section 8(c)(1) of the                amendments provided for: (1) Importer                           the impact of the Cotton Research and
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                                                  Act, USDA provided an opportunity for                   representation on the Cotton Board by                           Promotion Program on the cotton
                                                  eligible cotton producers and importers                 an appropriate number of persons, to be                         industry. The review report is available
                                                  to request a continuance referendum                     determined by USDA, who import                                  upon written request to the Chief of the
                                                  regarding the 1991 amendments to the                    cotton or cotton products into the U.S.                         Cotton Research and Promotion Staff at
                                                  Order provided for in the Act. Sign-up                  and whom USDA selects from                                      the address provided above. Comments
                                                  period results showed that USDA                         nominations submitted by importer                               were solicited from all interested
                                                  received 46 valid requests from eligible                organization certified by USDA; (2)                             parties, including persons who pay the
                                                  producers and importers. The following                  assessments levied on imported cotton                           assessments as well as from


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                                                                            Federal Register / Vol. 80, No. 237 / Thursday, December 10, 2015 / Notices                                                 76655

                                                  organizations representing cotton                       is warranted. A referendum will not be                   Individuals who use
                                                  producers and importers (76 FR 31573).                  conducted, and no further actions are                 telecommunication devices for the deaf
                                                  Five comments, including comments                       planned in connection with this review.               (TDD) may call the Federal Information
                                                  from four certified producer                              Authority: 7 U.S.C. 2101–2118.                      Relay Service (FIRS) at 1–800–877–8339
                                                  organizations that nominate producers                                                                         between 8:00 a.m. and 8:00 p.m.,
                                                  to the Cotton Board, claimed strong                       Dated: December 7, 2015.                            Eastern Standard Time, Monday
                                                  support for the continuance of the                      Rex A. Barnes,                                        through Friday.
                                                  program, noting that the administration                 Associate Administrator.                              SUPPLEMENTARY INFORMATION: The
                                                  of the Act has been proper, carries out                 [FR Doc. 2015–31133 Filed 12–9–15; 8:45 am]           purpose of the meeting is:
                                                  the intent and purpose in a timely and                  BILLING CODE 3410–02–P                                1. To update the Shoshone Resource
                                                  superior manner, and requires no                                                                                   Advisory Committee on the status
                                                  changes or adjustment.                                                                                             of existing Title II projects, and
                                                     USDA reviewed the Cotton Research                    DEPARTMENT OF AGRICULTURE                             2. Strategize on advertising for project
                                                  and Promotion Program major program                                                                                proposals for the current year
                                                  activities and accomplishments,                         Forest Service
                                                                                                                                                                   The meeting is open to the public.
                                                  including third-party evaluations of
                                                  advertising and marketing activities and                Shoshone Resource Advisory                            The agenda will include time for people
                                                  other functional areas; the results of                  Committee                                             to make oral statements of three minutes
                                                  producer and importer awareness and                                                                           or less. Individuals wishing to make an
                                                                                                          AGENCY:   Forest Service, USDA.                       oral statement should request in writing
                                                  satisfaction surveys; and data from the                 ACTION:   Notice of meeting.
                                                  Foreign Agricultural Service. USDA also                                                                       by December 30, 2015 to be scheduled
                                                  reviewed the results of the Cotton                      SUMMARY:    The Shoshone Resource                     on the agenda. Anyone who would like
                                                  Board’s 2011 independent program                        Advisory Committee (RAC) will meet                    to bring related matters to the attention
                                                  evaluation, which assessed the                          via conference call. The committee is                 of the committee may file written
                                                  effectiveness of the Cotton Research and                authorized under the Secure Rural                     statements with the committee staff
                                                  Promotion Program; the strength of                      Schools and Community Self-                           before or after the meeting. Written
                                                  cotton’s competitive position; the ability              Determination Act (the Act) and                       comments and requests for time for oral
                                                  to maintain and expand domestic and                     operates in compliance with the Federal               comments must be sent to Olga Troxel,
                                                  foreign markets; increases in the number                Advisory Committee Act. The purpose                   RAC Coordinator, 808 Meadow Lane,
                                                  of uses for cotton; and estimates of a                  of the committee is to improve                        Cody, WY; or by email to otroxel@
                                                  return on investment for stakeholders                   collaborative relationships and to                    fs.fed.us, or via facsimile to 307–578–
                                                  and qualitative benefits and returns                    provide advice and recommendations to                 5112.
                                                  associated with the Cotton Research and                                                                          Meeting Accommodations: If you are
                                                                                                          the Forest Service concerning projects
                                                  Promotion Program. The review report                                                                          a person requiring reasonable
                                                                                                          and funding consistent with Title II of
                                                  concluded that the 1990 amendments to                                                                         accommodation, please make requests
                                                                                                          the Act. Additional RAC information,
                                                  the Act were successfully implemented                                                                         in advance for sign language
                                                                                                          including the meeting agenda and the
                                                  and are operating as intended. The                                                                            interpreting, assistive listening devices
                                                                                                          meeting summary/minutes can be found
                                                  report also noted that there is a general                                                                     or other reasonable accommodation for
                                                                                                          at the following Web site: http://
                                                  consensus within the cotton industry                                                                          access to the facility or proceedings by
                                                                                                          cloudapps-usda-gov.force.com/FSSRS/
                                                  that the Cotton Research and Promotion                                                                        contacting the person listed in the
                                                                                                          RAC_Page?id=001t0000002JcvXAAS.
                                                  Program and the 1990 amendments to                                                                            section titled FOR FURTHER INFORMATION
                                                                                                          DATES: The meeting will be held
                                                  the Act are operating as intended.                                                                            CONTACT. All reasonable
                                                                                                          Wednesday, January 6, 2016 at 10:00                   accommodation requests are managed
                                                  Written comments, economic data, and                    a.m.
                                                  results from independent evaluations                                                                          on a case by case basis.
                                                                                                             All RAC meetings are subject to
                                                  support this conclusion.                                cancellation. For status of meeting prior               Dated: December 3, 2015.
                                                     USDA found no compelling reason to                   to attendance, please contact the person              Joe G. Alexander,
                                                  conduct a referendum regarding the                      listed under FOR FURTHER INFORMATION                  Forest Supervisor.
                                                  1990 Act amendments to the Cotton                       CONTACT.                                              [FR Doc. 2015–30975 Filed 12–9–15; 8:45 am]
                                                  Research and Promotion Order although
                                                  some program participants support a                     ADDRESSES: The meeting will be held                   BILLING CODE 3411–15–P

                                                  referendum. In 2013, USDA announced                     via conference call. Members of the
                                                  its view not to conduct a referendum                    public wishing to call in should contact
                                                  regarding the 1991 amendments to the                    Shoshone RAC Coordinator, Olga                        COMMISSION ON CIVIL RIGHTS
                                                  Order (78 FR 32228). Therefore, USDA                    Troxel, for call-in information.
                                                                                                             Written comments may be submitted                  Notice of Public Meeting of the Indiana
                                                  allowed all eligible persons to request
                                                                                                          as described under SUPPLEMENTARY                      Advisory Committee to the U.S.
                                                  the conduct of a continuance
                                                  referendum on the 1990 amendments                       INFORMATION. All comments, including                  Commission on Civil Rights To Hear
                                                  through a sign-up period. The results of                names and addresses when provided,                    Testimony Regarding Civil Rights
                                                  this sign-up period did not meet the                    are placed in the record and are                      Concerns Relating to School
                                                  criteria as established by the Act for a                available for public inspection and                   Disciplinary Policies and Their
                                                  continuance referendum and, therefore,                  copying. The public may inspect                       Potential Impact on Disparities in
                                                                                                          comments received at Shoshone                         Juvenile Incarceration in Indiana
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  referenda were not conducted.
                                                     With this announcement of the results                National Forest Supervisor’s Office, 808              AGENCY: U.S. Commission on Civil
                                                  of the sign-up period, USDA has                         Meadow Lane, Cody, Wyoming. Please                    Rights.
                                                  completed all requirements set forth in                 call ahead (307–527–6241) to facilitate
                                                                                                                                                                ACTION: Announcement of meeting.
                                                  Section 8(c) (1) and (2) of the Act                     entry into the building.
                                                  regarding the review of the Cotton                      FOR FURTHER INFORMATION CONTACT: Olga                 SUMMARY:  Notice is hereby given,
                                                  Research and Promotion Program to                       Troxel by phone at 307–578–5164 or via                pursuant to the provisions of the rules
                                                  determine if a continuance referendum                   email at otroxel@fs.fed.us.                           and regulations of the U.S. Commission


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Document Created: 2015-12-14 13:28:26
Document Modified: 2015-12-14 13:28:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactShethir 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 Citation80 FR 76654 

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