Cotton Research and Promotion Program: Determination of Whether To Conduct a Referendum Regarding the 1990 Amendments to the Cotton Research and Promotion Act, 5494-5495 [E8-1660]
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Notices
Federal Register
Vol. 73, No. 20
Wednesday, January 30, 2008
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.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Docket No. AMS–CN–08–0003; CN–07–009]
Cotton Research and Promotion
Program: Determination of Whether To
Conduct a Referendum Regarding the
1990 Amendments to the Cotton
Research and Promotion Act
Agricultural Marketing Service,
USDA.
ACTION: Notice.
AGENCY:
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 September 3 through
November 30, 2007, during which
eligible cotton producers and importers
were provided an opportunity to request
a continuance referendum.
FOR FURTHER INFORMATION CONTACT:
Shethir Riva, Chief, Cotton Research
and Promotion Staff, Cotton Program,
AMS, USDA, STOP 0224, 1400
Independence Avenue, SW.,
Washington, DC 20250–0224,
Telephone (202) 720–2259, Facsimile
(202) 690–1718 or e-mail
Shethir.Riva@usda.gov.
During the
period of September 3 through
November 30, 2007, 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 107 valid
requests from eligible producers and
importers. The following table depicts
mstockstill on PROD1PC66 with NOTICES
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
18:49 Jan 29, 2008
Jkt 214001
the number of requests for a
continuance referendum.
FSA State office
Sign-up
request
Alabama ......................................
Arizona ........................................
Arkansas .....................................
California .....................................
Florida .........................................
Georgia .......................................
Illinois ..........................................
Kansas ........................................
Kentucky .....................................
Louisiana ....................................
Maryland .....................................
Mississippi ..................................
Missouri ......................................
Nevada .......................................
New Mexico ................................
North Carolina ............................
Oklahoma ...................................
South Carolina ............................
Tennessee ..................................
Texas ..........................................
Virginia ........................................
Importers .....................................
8
0
11
0
1
0
0
0
0
0
0
2
0
0
0
3
0
0
55
8
0
19
Total .....................................
107
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 (46,220X.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 107 requests
received during the sign-up period is
less than the 4,622 required.
Background
The 1991 amendments to the Order (7
CFR part 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
PO 00000
Frm 00001
Fmt 4703
Sfmt 4703
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 signup period.
In 1996 and 2001, pursuant to the Act,
USDA issued the results of its 5-year
reviews of the Cotton Research and
Promotion Program. In both reviews, the
Department prepared reports that
described the impact of the Cotton
Research and Promotion Program on the
cotton industry and the views of those
E:\FR\FM\30JAN1.SGM
30JAN1
mstockstill on PROD1PC66 with NOTICES
Federal Register / Vol. 73, No. 20 / Wednesday, January 30, 2008 / Notices
receiving its benefits, and in both
instances, USDA announced its view
not to conduct a referendum regarding
the 1991 amendments to the Order (61
FR 52772 & 67 FR 1714) and
subsequently held sign-up periods for
all eligible persons to request a
continuance referendum on the 1990
Act amendments. The results of both
respective sign-up periods did not meet
the criteria as established by the Act for
a continuance referendum and,
therefore, referenda were not conducted.
In 2006, the Department again
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 from persons who pay the
assessments as well as from
organizations representing cotton
producers and importers (71 FR 13808;
March 17, 2006). Economic data was
also reviewed in order to report on the
general climate of the cotton industry.
Finally, a number of independent
sources of information were reviewed to
help identify perspectives from outside
the program including the results of
independent program evaluations
assessing the effects of the Cotton
Research and Promotion Program
activities on demand for Upland cotton,
return-on-investment to cotton
producers, the benefit-cost ratio to
companies who import cotton products
and raw cotton, and the overall rate-ofreturn and qualitative benefits and
returns associated with the Cotton
Research and Promotion Program. The
review report cited that the 1990
amendments to the Act were
successfully implemented and are
operating as intended. The report also
noted that there is a 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. Industry comments
cited examples of how the additional
funding has yielded benefits by
increasing the demand and
consumption for cotton. Of the 15
comments received, only one
commenter, who represents cotton
importers, argued for a referendum on
the 1990 Act amendments.
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
VerDate Aug<31>2005
18:49 Jan 29, 2008
Jkt 214001
referendum. Therefore, USDA allowed
all eligible persons to request the
conduct of a continuance referendum on
the 1990 amendments through a sign-up
period.
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: January 24, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. E8–1660 Filed 1–29–08; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. APHIS–2007–0128]
Notice of Decision to Issue Permits for
the Importation of Sweet Cherries
From Australia Into the Continental
United States and Hawaii
Animal and Plant Health
Inspection Service, USDA.
ACTION: Notice.
AGENCY:
SUMMARY: We are advising the public of
our decision to begin issuing permits for
the importation into the continental
United States and Hawaii of sweet
cherries from Australia. Based on the
findings of a pest risk analysis, which
we made available to the public for
review and comment through a previous
notice, we believe that the application
of one or more designated phytosanitary
measures will be sufficient to mitigate
the risks of introducing or disseminating
plant pests or noxious weeds via the
importation of sweet cherries from
Australia.
EFFECTIVE DATE:
January 30, 2008.
Ms.
Donna L. West, Senior Import
Specialist, Commodity Import Analysis
and Operations, Plant Health Programs,
PPQ, APHIS, 4700 River Road Unit 133,
Riverdale, MD 20737–1231; (301) 734–
8758.
SUPPLEMENTARY INFORMATION: Under the
regulations in ‘‘Subpart—Fruits and
Vegetables’’ (7 CFR 319.56 through
319.56–47, referred to below as the
regulations), the Animal and Plant
FOR FURTHER INFORMATION CONTACT:
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
5495
Health Inspection Service (APHIS) of
the U.S. Department of Agriculture
prohibits or restricts the importation of
fruits and vegetables into the United
States from certain parts of the world to
prevent plant pests from being
introduced into and spread within the
United States.
Section 319.56–4 of the regulations
contains a performance-based process
for approving the importation of
commodities that, based on the findings
of a pest risk analysis, can be safely
imported subject to one or more of the
designated phytosanitary measures
listed in paragraph (b) of that section.
Under that process, APHIS publishes a
notice in the Federal Register
announcing the availability of the pest
risk analysis that evaluates the risks
associated with the importation of a
particular fruit or vegetable. Following
the close of the 60-day comment period,
APHIS may begin issuing permits for
importation of the fruit or vegetable
subject to the identified designated
measures if: (1) No comments were
received on the pest risk analysis; (2)
the comments on the pest risk analysis
revealed that no changes to the pest risk
analysis were necessary; or (3) changes
to the pest risk analysis were made in
response to public comments, but the
changes did not affect the overall
conclusions of the analysis and the
Administrator’s determination of risk.
In accordance with that process, we
published a notice 1 in the Federal
Register on October 12, 2007 (72 FR
58047–58048, Docket No. APHIS–2007–
0128), in which we announced the
availability, for review and comment, of
a pest risk analysis that evaluates the
risks associated with the importation
into the continental United States and
Hawaii of sweet cherries from Australia.
We solicited comments on the notice for
60 days ending on December 11, 2007.
We received one comment by that date,
from a representative of Australia’s
Department of Agriculture, Fisheries
and Forestry.
The commenter supported the
findings of the pest risk analysis, but
noted that her agency has concerns
regarding the commercial viability of
one of the treatment options we spelled
out for Australian cherries. The
commenter stated that the methyl
bromide fumigation followed by cold
treatment is considered by the
Australian industry to damage the fruit
and could thus reduce its commercial
appeal. Based on those concerns, the
1 To view the notice, the pest risk analysis, and
the comment we received, go to https://
www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2007-0128.
E:\FR\FM\30JAN1.SGM
30JAN1
]]>Agencies
[Federal Register Volume 73, Number 20 (Wednesday, January 30, 2008)]
[Notices]
[Pages 5494-5495]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-1660]
========================================================================
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.
========================================================================
Federal Register / Vol. 73, No. 20 / Wednesday, January 30, 2008 /
Notices
[[Page 5494]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Docket No. AMS-CN-08-0003; CN-07-009]
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 September 3 through November 30, 2007, during which eligible
cotton producers and importers were provided an opportunity to request
a continuance referendum.
FOR FURTHER INFORMATION CONTACT: Shethir Riva, Chief, Cotton Research
and Promotion Staff, Cotton Program, AMS, USDA, STOP 0224, 1400
Independence Avenue, SW., Washington, DC 20250-0224, Telephone (202)
720-2259, Facsimile (202) 690-1718 or e-mail Shethir.Riva@usda.gov.
SUPPLEMENTARY INFORMATION: During the period of September 3 through
November 30, 2007, 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 107 valid requests from eligible producers and importers. The
following table depicts the number of requests for a continuance
referendum.
------------------------------------------------------------------------
Sign-up
FSA State office request
------------------------------------------------------------------------
Alabama..................................................... 8
Arizona..................................................... 0
Arkansas.................................................... 11
California.................................................. 0
Florida..................................................... 1
Georgia..................................................... 0
Illinois.................................................... 0
Kansas...................................................... 0
Kentucky.................................................... 0
Louisiana................................................... 0
Maryland.................................................... 0
Mississippi................................................. 2
Missouri.................................................... 0
Nevada...................................................... 0
New Mexico.................................................. 0
North Carolina.............................................. 3
Oklahoma.................................................... 0
South Carolina.............................................. 0
Tennessee................................................... 55
Texas....................................................... 8
Virginia.................................................... 0
Importers................................................... 19
-----------
Total................................................... 107
------------------------------------------------------------------------
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
(46,220X.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 107 requests received during the
sign-up period is less than the 4,622 required.
Background
The 1991 amendments to the Order (7 CFR part 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 1996 and 2001, pursuant to the Act, USDA issued the results of
its 5-year reviews of the Cotton Research and Promotion Program. In
both reviews, the Department prepared reports that described the impact
of the Cotton Research and Promotion Program on the cotton industry and
the views of those
[[Page 5495]]
receiving its benefits, and in both instances, USDA announced its view
not to conduct a referendum regarding the 1991 amendments to the Order
(61 FR 52772 & 67 FR 1714) and subsequently held sign-up periods for
all eligible persons to request a continuance referendum on the 1990
Act amendments. The results of both respective sign-up periods did not
meet the criteria as established by the Act for a continuance
referendum and, therefore, referenda were not conducted.
In 2006, the Department again 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 from persons who pay the assessments as well as from
organizations representing cotton producers and importers (71 FR 13808;
March 17, 2006). Economic data was also reviewed in order to report on
the general climate of the cotton industry. Finally, a number of
independent sources of information were reviewed to help identify
perspectives from outside the program including the results of
independent program evaluations assessing the effects of the Cotton
Research and Promotion Program activities on demand for Upland cotton,
return-on-investment to cotton producers, the benefit-cost ratio to
companies who import cotton products and raw cotton, and the overall
rate-of-return and qualitative benefits and returns associated with the
Cotton Research and Promotion Program. The review report cited that the
1990 amendments to the Act were successfully implemented and are
operating as intended. The report also noted that there is a 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. Industry comments cited examples
of how the additional funding has yielded benefits by increasing the
demand and consumption for cotton. Of the 15 comments received, only
one commenter, who represents cotton importers, argued for a referendum
on the 1990 Act amendments.
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. Therefore,
USDA allowed all eligible persons to request the conduct of a
continuance referendum on the 1990 amendments through a sign-up period.
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: January 24, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E8-1660 Filed 1-29-08; 8:45 am]
BILLING CODE 3410-02-P
