Federal Register - September 21, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 180 / Tuesday, September 21, 2021 / Rules and Regulations
importers and producers to submit a request in the event any sign-ups submitted during the original sign-up were not received by AMS. Sign-up requests from both sign-up periods will be considered.
Section 8c2 of the Act provides that if USDA determines, based on results of the sign-up, that 10 percent i.e., 4,622 or more of the total number of eligible producers and importers that voted in the most recent 1991
referendum 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 requests, 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 or 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 direct final rule amends dates to conduct of the current sign-up period.
In 1205.27, 1205.28, and 1205.29
sign-up period dates and Farm Service Agency FSA reporting dates have been updated.
A 15-day comment period is determined to be appropriate because these eligibility and participation requirements are substantially the same as the eligibility and participation requirements that were used in previous referenda and sign-up periods;
participation is voluntary; and this rule, if adopted, should be made effective as soon as possible in order to conduct the sign-up at the earliest possible dates.
B. Regulatory Analyses
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Executive Order 13175
This action has been reviewed in accordance with 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
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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.
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 SBA 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 12,000 producers and 40,000
importers are subject to the rules and regulations issued pursuant to the Cotton Research and Promotion Order.
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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 SBA. The majority of these producers and importers are small businesses under the criteria established by the SBA.
There are no Federal rules that duplicate, overlap, or conflict with this rule.
This rule is voluntary and only affects producers and importers wishing to participate in the sign-up under the Cotton Research and Promotion Order.
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 provides 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 previous sign-up periods. Amendments in this action update dates to reopen the sign-up.
Sign-up procedures do 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. Information collection requirements under the Paperwork Reduction Act are minimal.
Paperwork Reduction Act Information collections in this rule will be carried out under the OMB
Control Number 05810093. This rule does not add to the overall burden currently approved by OMB and assigned OMB Control Number 0581
0093 under provisions of the Paperwork Reduction Act of 1995 44 U.S.C.
Chapter 35. This OMB Control Number is referenced in 1205.541 of the regulations.
A 15-day comment period is provided to comment on date changes to the Cotton Board Rules and Regulations herein.
List of Subjects in 7 CFR Part 1205
Advertising, Agricultural research, Cotton, Marketing agreements, Reporting and recordkeeping requirements.
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