This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

19567 

Vol. 80, No. 70 

Monday, April 13, 2015 

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. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

amend 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 for in the Cotton Research and 

Promotion Act (Act) amendments of 

1990. The amendments would update 

various dates, name changes, addresses, 

and make other administrative changes. 

DATES: Comments must be received on 

or before April 23, 2015. 

ADDRESSES: Written comments may be 

submitted to the addresses specified 

below. All comments will be made 

available to the public. Please do not 

include any 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– 

12–0059, 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 Staff, 

Cotton and Tobacco Program, 

Agricultural Marketing Service, USDA, 

100 Riverside Parkway, Suite 101, 

Fredericksburg, Virginia, 22406. 

Comments should be submitted in 

triplicate. All comments received will 

be made available for public inspection 

at Cotton and Tobacco Program, 

Agricultural Marketing Service, USDA, 

100 Riverside Parkway, Suite 101, 

Fredericksburg, Virginia, 22406. A copy 

of this notice may be found at: 

www.regulations.gov . 

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 section 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 proposed 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 proposed rule would 

provide those persons who are not in 

favor of the continuance of the Order 

amendments an opportunity to request 

a continuance referendum. 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
19568 Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Proposed Rules 

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 

number of signatures to hold another 

referendum. The amendments proposed 

in this action would update various 

dates, name changes, addresses, and 

make other miscellaneous changes. 

The proposed 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 

Cotton Research and Promotion Act (7 

U.S.C. 2101–2118) amendments of 1990. 

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 

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 would 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 may 

request a sign-up form in the mail from 

the same office or through the USDA, 

AMS Web site: http://

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 May 

11, 2015, until May 22, 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 proposed rule would amend 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 sections 1205.20, 1205.26, and 

1205.27 ‘‘calendar year 2006’’ would 

change to ‘‘calendar year 2014.’’ Also, in 

section 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 sections 1205.27, 

1205.28, and 1205.29 sign-up period 

conduct dates, FSA reporting dates, and 

mailing addresses have been updated. In 

section 1205.27(b), AMS is proposing to 

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: http://

www.ams.usda.gov/Cotton. 

A 10-day comment period is 

determined to be appropriate because 

these proposed eligibility and 

participation requirements are 

substantially the same as the eligibility 

and participation requirements that 

were used in previous referenda and a 

sign-up period; 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. 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Proposed Rules 19569 

List of Subjects in 7 CFR Part 1205 

Advertising, Agricultural research, 

Cotton, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

7 CFR Part 1205, Sections 1205.10 

Through 1205.30 

For the reasons set forth in the 

preamble, 7 CFR part 1205 is proposed 

to be amended as follows: 

PART 1205—COTTON RESEARCH 

AND PROMOTION 

■ 1. The authority citation part 1205 

continues to read as follows: 

Authority: 7 U.S.C. 2101–2118 and 7 

U.S.C. 7401. 

■ 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 Participation in the sign-up 

period. 

The sign-up period will be from May 

11, 2015, until May 22, 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 May 

22, 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, 

on its Web site: http://

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 May 22, 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 

May 22, 2015. 

■ 7. 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 May 22, 2015. * * * 

■ 8. 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 June 1, 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 June 1, 

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 June 

1, 2015, forward all county reports to 

DAFO. By June 8, 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: April 6, 2015. 

Rex A. Barnes, 

Associate Administrator. 

[FR Doc. 2015–08163 Filed 4–10–15; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket Number EERE–2014–BT–STD– 

0036] 

RIN 1904–AD35 

Energy Conservation Program for 

Consumer Products: Energy 

Conservation Standards for Hearth 

Products 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 


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