Cotton Research and Promotion Program: Procedures for Conduct of Sign-up Period, 36231-36234 [2015-15423]
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36231
Rules and Regulations
Federal Register
Vol. 80, No. 121
Wednesday, June 24, 2015
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
RECOVERY ACCOUNTABILITY AND
TRANSPARENCY BOARD
4 CFR Chapter II
Removal of Recovery Accountability
and Transparency Board Regulations
Recovery Accountability and
Transparency Board.
ACTION: Final rule.
AGENCY:
The Recovery Accountability
and Transparency Board (Board)
previously issued regulations pertaining
to the Privacy Act of 1974, Public
Information and Requests, and the
Board’s Official Seal. These are the only
Board issued regulations codified in the
Code of Federal Regulations. On
September 30, 2015, the Board is
required by the American Recovery and
Reinvestment Act of 2009, as amended,
to terminate. After that date, because the
Board will cease to exist, there will be
no need for the Board’s regulations.
Accordingly, this final rule removes the
Board’s regulations from the Code of
Federal Regulations effective September
30, 2015.
DATES: This rule is effective September
30, 2015.
FOR FURTHER INFORMATION CONTACT:
Atticus J. Reaser, General Counsel, (202)
254–7900.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
Background Information
Chapter II of Title 4 of the Code of
Federal Regulations contains all
regulations previously issued by the
Board, including: (1) Regulations
pertaining to the Privacy Act of 1974 in
Part 200; (2) regulations pertaining to
Public Information and Requests in Part
201; and (3) regulations pertaining to
the Board’s Official Seal in Part 202.
These are the only Board issued
regulations codified in the Code of
Federal Regulations. Section 1530 of the
Board’s enabling legislation, the
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American Recovery and Reinvestment
Act of 2009, Public Law 111–5, as
amended, requires that the Board
terminate on September 30, 2015. After
that date, because the Board will cease
to exist, there will be no need for the
Board’s regulations or Chapter II of Title
4 of the Code of Federal Regulations.
Through this final rule, the Board’s
regulations and Chapter II of Title 4 are
removed from the Code of Federal
Regulations effective September 30,
2015.
Administrative Procedure Act
Pursuant to 5 U.S.C. 553(b), the Board
finds good cause exists for waiving the
general notice of proposed rulemaking
and opportunity for public comment as
to this rule. Notice and comment before
the effective date are being waived
because this rule and the resulting
removal of the Board’s regulations arise
out of a matter regarding which the
Board has no discretion—namely, the
termination of the Board on September
30, 2015. As the Board has no
discretion, public comment is
unnecessary.
Executive Orders 12866 and 13563
The Board has reviewed this rule to
ensure its consistency with the
regulatory philosophy and principles set
forth in Executive Orders 12866 and
13563. The Board has determined that
this rule is non-significant within the
meaning of Executive Order 12866.
Therefore, this rule is not required to be
and has not been reviewed by the Office
of Management and Budget.
Regulatory Flexibility Act
These proposed regulations will not
have a significant economic impact on
a substantial number of small entities.
Therefore, a regulatory flexibility
analysis as provided by the Regulatory
Flexibility Act, as amended, is not
required.
Paperwork Reduction Act
These proposed regulations impose
no additional reporting and
recordkeeping requirements. Therefore,
clearance by the Office of Management
and Budget is not required.
Federalism (Executive Order 13132)
This rule does not have Federalism
implications, as set forth in Executive
Order 13132. It will not have substantial
direct effects on the States, on the
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relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
Congressional Review Act
The Board has determined that this
rule is not a major rule as defined by the
Congressional Review Act, 5 U.S.C. 804.
The rule is being submitted to both
Houses of Congress and the Comptroller
General in accordance with the
Congressional Review Act.
List of Subjects
4 CFR Part 200
Administrative practice and
procedure, Privacy, Reporting and
recordkeeping requirements.
4 CFR Part 201
Administrative practice and
procedure, Freedom of information,
Reporting and recordkeeping
requirements.
4 CFR Part 202
Official seal.
For the reasons set forth in the
preamble and pursuant to sec. 1530,
Public Law. 111–5, 123 Stat. 115 (as
amended) and general rulemaking
authority, the Recovery Accountability
and Transparency Board amends title 4
of the Code of Federal Regulations by
removing Chapter II in its entirety,
consisting of parts 200, 201, and 202.
4 CFR Chapter II [Removed]
Dated: June 16, 2015.
Kathleen S. Tighe,
Chair, Recovery Accountability and
Transparency Board.
[FR Doc. 2015–15359 Filed 6–23–15; 8:45 am]
BILLING CODE 6821–15–P
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
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
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Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Rules and Regulations
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
Shethir.Riva@ams.usda.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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 § 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.
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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
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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 signups did not generate the required
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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
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Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Rules and Regulations
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: https://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 CottonRP@ams.usda.gov 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
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Jkt 235001
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 §§ 1205.20, 1205.26, and 1205.27
‘‘calendar year 2006’’ changes to
‘‘calendar year 2014.’’ Also, in
§ 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 §§ 1205.27, 1205.28, and
1205.29 sign-up period conduct dates,
FSA reporting dates, and mailing
addresses are updated. Under
§ 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: https://
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:
https://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
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36233
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
1. The authority citation part 1205 is
revised to read as follows:
■
Authority: 7 U.S.C. 2101–2118.
2. Section 1205.20 is revised to read
as follows:
■
§ 1205.20
Representative period.
The term representative period means
the 2014 calendar year.
■ 3. In § 1205.26, paragraphs (a)(1) and
(2) are revised to read as follows:
§ 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.
*
*
*
*
*
■ 4. Section 1205.27 is revised to read
as follows:
§ 1205.27
period.
Participation in the sign-up
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,
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on its Web site: https://
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 CottonRP@ams.usda.gov
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 signup 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.
■ 5. In § 1205.28, the first sentence is
revised to read as follows:
§ 1205.28
Counting.
County FSA offices and FSA, Deputy
Administrator for Field Operations
(DAFO), shall begin counting requests
no later than August 14, 2015. * * *
■ 6. Section 1205.29 is revised to read
as follows:
§ 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
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 385
[Docket No. RM15–5–000; Order No. 811]
Revised Exhibit Submission
Requirements for Commission
Hearings
Federal Energy Regulatory
Commission, DOE.
ACTION: Final rule.
AGENCY:
In this Final Rule, the Federal
Energy Regulatory Commission
(Commission) is amending Rule 508 of
the Commission’s Rules of Practice and
Procedure to eliminate the requirement
that participants in Commission trialtype evidentiary hearings must provide
paper copies of all exhibits introduced
as evidence. The Final Rule will
facilitate a shift toward electronic
hearing procedures which should
improve the efficiency and
administrative convenience of the
Commission hearing process, reduce the
burden and expense associated with
paper exhibits, and facilitate the
compilation and transmittal of the
hearing record to the Commission in
electronic format.
DATES: This rule will become effective
July 24, 2015.
FOR FURTHER INFORMATION CONTACT:
Karin Herzfeld, Office of the General
Counsel, Federal Energy Regulatory
Commission, 888 First Street NE.,
Washington, DC 20426, Telephone:
(202) 502–8459.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Order No. 811
Final Rule
Table of Contents
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Paragraph
Nos.
I. Background ............................................................................................................................................................................................
II. Discussion ............................................................................................................................................................................................
III. Information Collection Statement ......................................................................................................................................................
IV. Environmental Analysis .....................................................................................................................................................................
V. Regulatory Flexibility Act ...................................................................................................................................................................
VI. Document Availability .......................................................................................................................................................................
VII. Effective Date and Congressional Notification ................................................................................................................................
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9.
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]]>Agencies
[Federal Register Volume 80, Number 121 (Wednesday, June 24, 2015)]
[Rules and Regulations]
[Pages 36231-36234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15423]
=======================================================================
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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 Shethir.Riva@ams.usda.gov.
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: https://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 CottonRP@ams.usda.gov 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: https://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: https://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: https://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 CottonRP@ams.usda.gov
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
