82 FR 11892 - Cotton Research and Promotion Program: Request for Comments To Be Used in a Review of 1990 Amendments to the Cotton Research and Promotion Act

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 82, Issue 37 (February 27, 2017)

As provided for by the Cotton Research and Promotion Act Amendments of 1990, the Agricultural Marketing Service (AMS) is announcing its intention to conduct a review to ascertain whether a referendum is needed to determine whether producers and importers favor continuation of amendments to the Cotton Research and Promotion Order (Order). This notice invites all interested parties to submit written comments to the Department of Agriculture (USDA). USDA will consider these comments in determining whether a referendum is warranted.

[Federal Register Volume 82, Number 37 (Monday, February 27, 2017)]
[Notices]
[Pages 11892-11893]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03709]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[AMS-CN-16-0108]


Cotton Research and Promotion Program: Request for Comments To Be 
Used in a Review of 1990 Amendments to the Cotton Research and 
Promotion Act

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice.

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SUMMARY: As provided for by the Cotton Research and Promotion Act 
Amendments of 1990, the Agricultural Marketing Service (AMS) is 
announcing its intention to conduct a review to ascertain whether a 
referendum is needed to determine whether producers and importers favor 
continuation of amendments to the Cotton Research and Promotion Order 
(Order). This notice invites all interested parties to submit written 
comments to the Department of Agriculture (USDA). USDA will consider 
these comments in determining whether a referendum is warranted.

DATES: Comments must be received on or before April 28, 2017.

ADDRESSES: Written comments may be submitted to the addresses specified 
below. All comments will be made available to the public. Please do not 
include personally identifiable information (such as name, address, or 
other contact information) or confidential business information that 
you do not want publically disclosed. All comments may be posted on the 
Internet and can be retrieved by most Internet search engines. Comments 
may be submitted anonymously.
    Comments, identified by AMS-CN-16-0108, may be submitted 
electronically through the Federal eRulemaking Portal at http://www.regulations.gov. Please follow the instructions for submitting 
comments. In addition, comments may be submitted by mail or hand 
delivery to Cotton Research and Promotion, Cotton and Tobacco Program, 
AMS, USDA, 100 Riverside Parkway, Suite 101, Fredericksburg, Virginia 
22406. Written comments should be submitted in triplicate. All comments 
received will be made available for public inspection at Cotton and 
Tobacco Program, AMS, USDA, 100 Riverside Parkway, Suite 101, 
Fredericksburg, Virginia 22406. A copy of this document may be found 
at: www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Shethir M. Riva, Director, Research 
and Promotion, Cotton and Tobacco Program, AMS, USDA, 100 Riverside 
Parkway, Suite 101, Fredericksburg, Virginia 22406, telephone (540) 
361-2726, facsimile (540) 361-1199, or email at 
[email protected].

SUPPLEMENTARY INFORMATION: The Cotton Research and Promotion Act of 
1966 (7 U.S.C. 2101-2118) authorized a national Cotton Research and 
Promotion Program which is industry operated and funded, with oversight 
by USDA. The program's objective is to enable cotton growers and 
importers to establish, finance, and carry out a coordinated program of 
research and promotion to improve the competitive position of, and to 
expand markets for cotton.
    The program became effective on December 31, 1966, when the Cotton 
Research and Promotion Order (7 CFR part 1205) was issued. Assessments 
began with the 1967 cotton crop. The Order was amended and a 
supplemental assessment initiated, effective January 26, 1977.
    The program is currently financed through assessments levied on 
domestic and imported cotton and cotton-containing products. 
Assessments under this program are used to fund promotional campaigns 
and to conduct research in the areas of U.S. marketing, international 
marketing, cotton production and processing, and textile research and 
implementation.
    The program is administered by the Cotton Board, which has 37 
members, 37 alternate members and four advisors. The Cotton Board is 
composed of representatives of cotton producers and cotton importers, 
each of whom has an alternate selected by the Secretary of Agriculture 
from nominations submitted by eligible producer and importer 
organizations. All members and their alternates serve terms of 3 years. 
The Cotton Board's responsibility is to administer the provisions of 
the Cotton Research and Promotion Order issued pursuant to the Act. 
These responsibilities include collecting, holding and safeguarding 
funds; making refunds when refunds are a provision of the Order; 
contracting with an organization for the development and implementation 
of programs of research and promotion; reviewing and making 
recommendations to the Secretary of Agriculture on proposed programs 
and

[[Page 11893]]

budgets; and making funds available for such programs when approved. 
The objective of the Cotton Research and Promotion Program is to 
strengthen cotton's competitive position and to maintain and expand 
domestic and foreign markets and uses for cotton. The Cotton Board is 
prohibited from participating in any matters influencing governmental 
policies or action except making recommendations for amendments to the 
Order.
    Amendments to the Act were enacted under subtitle G of title XIX of 
the Food, Agriculture, Conservation, and Trade Act of 1990 (Pub. L. 
101-624, 104 Stat. 3909, November 28, 1990). These amendments provided 
for: (1) Importer representation on the Cotton Board; (2) the 
assessment of imported cotton and cotton products; (3) increasing the 
amount the Secretary of Agriculture can be reimbursed for conduct of a 
referendum from $200,000 to $300,000; (4) reimbursing government 
agencies who assist in administering the collection of assessments on 
imported cotton and cotton products; and (5) terminating the right of a 
producer to demand a refund of assessments. The Act Amendments of 1990 
were approved by a majority (60 percent) of importers and producers of 
cotton voting in a referendum conducted July 17-26, 1991, as required 
by the Act. Results of this referendum were announced in a nationally 
distributed press release dated August 2, 1991.
    The Cotton Research and Promotion Act Amendment of 1990, Section 
8(c)(1) provides that once every 5 years after the July 1991 
referendum, the Secretary of Agriculture is to conduct a review to 
ascertain whether a referendum is needed. In such a referendum, 
producers and importers would determine whether they favor continuation 
of the amendments to the Order provided for in the Cotton Research and 
Promotion Act Amendments of 1990. These amendments to the Order were 
promulgated in final rules published in the Federal Register on 
December 10, 1991 (56 FR 64470), corrected at 56 FR 66670.
    The results of the most recent review report of the Cotton Research 
and Promotion Program were issued on May 29, 2013. USDA announced its 
view (78 FR 32228) not to conduct a referendum regarding the 1991 
amendments to the Order. In accordance with Section 8(c)(2) of the Act, 
USDA provided an opportunity for all eligible persons to request a 
continuance referendum on the 1991 amendments by making such a request 
during a sign-up period. During the period of August 3-August 14, 2015, 
the Department conducted a sign-up period for all eligible persons to 
request a continuance referendum on the 1990 Act amendments. The 
announced results of the sign-up period (80 FR 76654) did not meet the 
criteria established for a continuance referendum by the Cotton 
Research and Promotion Act and therefore, a referendum was not 
conducted.
    In 2017, in accordance with the provisions of the Act, the 
Secretary of Agriculture will conduct its review of the Cotton Research 
and Promotion Program Act amendments to ascertain whether a referendum 
is needed to determine whether producers and importers support 
continuation of the amendments to the Order, as provided for by the 
1990 Act amendments. The Secretary of Agriculture will make a public 
announcement of the results of the review. Pursuant to the Act, if the 
Secretary of Agriculture determines that a referendum is needed, the 
Secretary of Agriculture will conduct the referendum within 12 months 
after a public announcement of the determination to conduct the 
referendum.
    If the Secretary determines that a referendum is not warranted, a 
sign-up period to request such a referendum will be made available to 
cotton producers and importers. A referendum will be held if requested 
by 10 percent or more of those voting in the most recent referendum as 
long as not more than 20 percent are from any one State or importers of 
cotton. This sign-up period would be announced in the Federal Register. 
A 60-day comment period is provided for interested persons to provide 
comments to be used by USDA in its review. All interested persons are 
invited to submit written comments.

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

    Dated: February 21, 2017.
Bruce Summers,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2017-03709 Filed 2-24-17; 8:45 am]
 BILLING CODE 3410-02-P