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Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Rules and Regulations
One kilogram equals 2.2046 pounds.
One pound equals 0.453597
kilograms.
One Dollar per Bale Assessment Converted to Kilograms A 500-pound bale equals 226.8 kg.
500 0.453597.
$1 per bale assessment equals $0.002000 per pound or 0.2000 cents per pound 1/500 or $0.004409 per kg or 0.4409 cents per kg. 1/226.8.
Supplemental Assessment of 5/10 of One Percent of the Value of the Cotton Converted to Kilograms
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The 2020 calendar-year weightedaverage price received by producers for Upland cotton is $0.61 per pound or $1.345 per kg. 0.61 2.2046.
Five tenths of one percent of the average price equals $0.006727 per kg.
1.345 0.005.
Total Assessment The total assessment per kilogram of raw cotton is obtained by adding the $1
per bale equivalent assessment of $0.004409 per kg. and the supplemental assessment $0.006727 per kg., which equals $0.011136 per kg.
The current assessment on imported cotton is $0.011562 per kilogram of imported cotton. The revised assessment in this direct final rule is $0.011136, a decrease of $0.000426 per kilogram. This reflects the decrease in the average weighted price of Upland cotton received by U.S. farmers during the period January through December 2020.
The Import Assessment Table in section 1205.510b3 of the Order indicates the total assessment rate $ per kilogram due for each Harmonized Tariff Schedule HTS number that is subject to assessment. This table must be revised each year to reflect changes in supplemental assessment rates and any changes to the HTS numbers. In this direct final rule, AMS is amending the Import Assessment Table.
AMS believes that these amendments are necessary to ensure that assessments collected on imported cotton and the cotton content of imported products are the same as those paid on domestically produced cotton. Accordingly, changes reflected in this rule should be adopted and implemented as soon as possible since it is required by regulation.
As described in this Federal Register document, the amendment to the value used to determine the Cotton Research and Promotion Program importer assessment will be updated to reflect the assessment already paid by U.S.
farmers. For the reasons mentioned above, AMS finds that publishing a
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proposed rule and seeking public comment is unnecessary because the change is required annually by regulation in 7 CFR 1205.510.
Also, this direct-final rulemaking furthers objectives of Executive Order 13563, which requires that the regulatory process promote predictability and reduce uncertainty and identify and use the best, most innovative, and least burdensome tools for achieving regulatory ends.
AMS has used the direct rule rulemaking process since 2013 and has not received any adverse comments;
however, if AMS does receives significant adverse comments during the comment period, it will publish, in a timely manner, a document in the Federal Register withdrawing this direct final rule. AMS will then address public comments in a subsequent proposed rule and final rule based on the proposed rule.
B. Rulemaking Analyses 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 regulation would not have substantial and direct effects on Tribal governments and would not have significant Tribal implications.
Executive Orders 12866 and 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 falls within a category of regulatory actions that the Office of Management and Budget OMB exempted from Executive Order 12866 review. Additionally, because this rule does not meet the definition of a significant regulatory action it does not trigger requirements contained in Executive Order 13771.
See OMBs Memorandum titled Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017 titled Reducing Regulation and Controlling Regulatory Costs February 2, 2017.

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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 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 Secretarys ruling, provided a complaint is filed within 20 days from the date of the entry of the Secretarys ruling.
Regulatory Flexibility Act and Paperwork Reduction Act In accordance with the Regulatory Flexibility Act RFA 5 U.S.C. 601
612, 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
121.201, small agricultural producers as those having annual receipts of no more than $1,000,000 and small Other Farm Product Raw Material Merchant Wholesalers cotton merchants/
importers as having no more than 100
employees. The Cotton Board estimates approximately 40,000 importers are subject to rules and regulations issued pursuant to the Cotton Research and Promotion Order. According to the United States Census Bureaus 2016
Survey of SUSB Annual Data Tables by Establishment Industry, most importers are considered small entities as defined by the Small Business Administration 13 CFR 121.201. This rule would only affect importers of cotton and cotton-containing products and would decrease assessments paid by importers under the Cotton Research and Promotion Order. The current assessment on imported cotton is $0.011562 per kilogram of imported cotton. The amended assessment would be $0.011136, which was calculated based on the 12-month weighted
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