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.

Rules and Regulations Federal Register

51159 

Vol. 72, No. 172 

Thursday, September 6, 2007 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1205 

[Docket No. AMS–CN–07–0094; CN–07–006] 

Cotton Research and Promotion 

Program: Procedures for Conduct of 

Sign-up Period 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule will 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 

will update various dates, name 

changes, addresses, and make other 

administrative changes. 

EFFECTIVE DATE: September 7, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Shethir M. Riva, Chief, Research and 

Promotion Staff, Cotton Program, AMS, 

USDA, Stop 0224, 1400 Independence 

Ave., SW., Room 2639, Washington, DC 

20250–0224, telephone (202) 720–6603, 

facsimile (202) 690–1718, or e-mail at 

Shethir.riva@usda.gov. 

SUPPLEMENTARY INFORMATION: 

Executive Order 12866 

The Office of Management and Budget 

has waived the review process required 

by Executive Order 12866 for this 

action. 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. It is not intended to have 

retroactive effect. This rule would not 

preempt any state or local laws, 

regulations, or policies, unless they 

present an irreconcilable conflict with 

this rule. 

The Cotton Research and Promotion 

Act (7 U.S.C. 2101–2118) 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 

USDA a petition stating that the order, 

any provision of the order, 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, USDA 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 or her principal 

place of business, has jurisdiction to 

review the USDA’s ruling, provided a 

complaint is filed within 20 days from 

the date of the entry of ruling. 

Regulatory Flexibility Act 

Pursuant to requirements set forth in 

the regulatory Flexibility Act (RFA) [5 

U.S.C. 601 et seq.], the Agricultural 

Marketing Service has considered the 

economic effect of this action on small 

entities and has determined that its 

implementation will not have a 

significant economic impact on a 

substantial number of small entities. 

There are currently approximately 

19,000 producers, and approximately 

14,000 importers that are subject to the 

order. The majority of these producers 

and importers are small businesses 

under the criteria established by the 

Small Business Administration. 

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. 

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 and 

2001 sign-up period. The 1997 and 2001 

sign-ups 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 

Office of Management and Budget 

(OMB) Control Number 0581–0093. This 

rule will not addd 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 

1205 et seq.) 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. 

The 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 procedures to 

demand a refund of assessments. 


pwalker on PROD1PC71 with RULES
51160 Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Rules and Regulations 

On March 6, 2007, USDA issued a 

determination based on its review, (72 

FR 9918), 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. 

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. 

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 the 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 who choose not to visit the 

county FSA office in person may 

request a sign-up form in the mail from 

the same office. 

USDA would mail sign-up 

information, including a written request 

form, to all known, eligible, cotton 

importers. Importers who favor the 

conduct of a continuance referendum 

would return their signed request forms 

to USDA, FSA, DAFO, Attention: Rick 

Pinkston, P.O. Box 23103, Washington, 

DC 20026–3103. 

Importers who do not receive a 

request form in the mail by September 

4, 2007, and who meet the eligibility 

requirements to participate in the signup, may submit a written, signed, 

request for a continuance referendum. 

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 

2006. Requests and supporting 

documentation should be mailed to 

USDA, FSA, DAFO, Attention: Rick 

Pinkston, P.O. Box 23103, Washington 

DC 20026–3103. 

The sign-up period will be from 

September 4, 2007, until November 30, 

2007. 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 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 section 1205.18 the term 

‘‘Producer’’ is further defined to ensure 

that all producers that planted cotton 

during 2006 will be eligible to 

participate in the sign-up period. In 

sections 1205.20, 1205.26, and 1205.27 

‘‘calendar year 2001’’ would change to 

‘‘calendar year 2006.’’ In sections 

1205.27, 1205.28, and 1205.29 sign-up 

period conduct dates, FSA reporting 

dates, and mailing addresses have been 

updated. 

A proposed rule with a request for 

comments was published in the Federal 

Register on July 30, 2007, (72 FR 

41460). No comments were received on 

the proposed rule; however, during the 

review process, USDA identified two 

beneficial changes. First, in § 1205.27 

paragraph (c), USDA is changing the 

date from October 31, 2007, to 

November 30, 2007, to allow producers, 

who may need to submit supporting 

documentation to FSA County offices, 

the entire sign-up period to do so. The 

appropriate FSA office must receive all 

supporting documentation by November 

30, 2007. Second, USDA is changing the 

date in § 1205.28 from November 1, 

2007, to November 30, 2007, so FSA, 

who is assisting with the sign-up, can 

have the full allotted sign-up period 

before being required to begin to count 

requests. 

Pursuant to 5 U.S.C. 533, it is found 

that good cause exists for not 

postponing the effective date of this rule 

until thirty days after publication in the 

Federal Register because: (1) The 

Department has determined that 

September 4, 2007, to November 30, 

2007, are the preferable dates of the 

sign-up period; (2) is consistent with the 

intent of the Act; (3) interested persons 

have been provided an opportunity to 

submit written comments concerning 

the amendments to the sign-up 

procedures; and (4) the amendments 

merely update various dates, name 

changes, addresses and make other 

miscellaneous. Eligibility and 

participation requirements are 

substantially the same that were used in 

previous referenda and a sign-up period. 

This rule amends the subpart to 

established procedures for use during 

the sign-up period. Accordingly, this 

rule is made final with the following 

changes. 

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 to 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 2006 calendar year. 

■ 3. In § 1205.26, paragraphs (a)(1) and 

(a)(2) are revised as follows: 

§ 1205.26 Eligibility. 

* * * * * 

(a) * * * 

(1) Any person who was engaged in 

the production of Upland cotton during 

calendar year 2006; and 

(2) Any person who was an importer 

of Upland cotton and imported Upland 

cotton in excess of the value of $2.00 


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Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Rules and Regulations 51161 

per line item entry during calendar year 

2006. 

* * * * * 

■ 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 

September 4, 2007, through November 

30, 2007. 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 November 

30, 2007. 

(a) Before the sign-up period begins, 

FSA shall establish a list of known, 

eligible, Upland cotton producers in the 

country 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 shall mail a request form 

to each known, eligible, cotton importer. 

Importers who wish to request a 

referendum and who do not receive a 

request form in the mail by September 

4, 2007, may particiapte 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 2006. Importers must 

submit their requests and supporting 

documents to USDA, FSA, DAFO, 

Attention: Rick Pinkston, P.O. Box 

23103, Washington, DC 20026–3103. All 

requests and supporting documents 

must be received by November 30, 2007. 

(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 officer where FSA 

administratively maintains and 

processes the producer’s farm records. It 

is the responsibility of the person to 

provide the information need 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 the 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 

November 30, 2007. 

■ 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 November 30, 2007. * * * 

■ 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 December 7, 2007, 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 December 

7, 2007, 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 

December 7, 2007, forward all county 

reports to DAFO. By December 14, 2007, 

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 

Program, AMS, Stop 0224, 1400 

Independence Ave., SW., Washington, 

DC 20250–0224. 

Dated: August 28, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 07–4312 Filed 9–5–07; 8:45 am] 

BILLING CODE 3410–02–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27983; Directorate 

Identifier 2006–NM–192–AD; Amendment 

39–15188; AD 2007–18–08] 

RIN 2120–AA64 

Airworthiness Directives; Avions 

Marcel Dassault-Breguet Model Falcon 

10 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is superseding an 

existing airworthiness directive (AD), 

which applies to all Avions Marcel 

Dassault-Breguet Model Falcon 10 

airplanes. That AD currently requires 

either revising the airplane flight 

manual (AFM) and installing a placard 

in the flight deck to prohibit flight into 

known or forecasted icing conditions, or 

repetitively inspecting for delamination 

of the flexible hoses in the wing (slat) 

anti-icing system and performing 

corrective actions if necessary. That AD 

also provides optional terminating 

action for the repetitive inspections. 

This new AD mandates the previously 

optional terminating action. This AD 

results from a report of in-service 

delamination of a flexible hose in the 

slat anti-icing system at a time earlier 

than previously reported. We are issuing 

this AD to prevent collapse of the 

flexible hoses in the slat anti-icing 

system, which could lead to insufficient 

anti-icing capability and, if icing is 

encountered in this situation, could 

result in reduced controllability of the 

airplane. 

DATES: This AD becomes effective 

October 11, 2007. 

The Director of the Federal Register 

approved the incorporation by reference 

of Dassault Service Bulletin F10–313, 

Revision 1, dated May 10, 2006, as of 

October 11, 2007. 

On September 26, 2005 (70 FR 53540, 

September 9, 2005), the Director of the 

Federal Register approved the 


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