Federal Register / Vol. 76, No. 169 / Wednesday, August 31, 2011 / Rules and Regulations 54075 

Paperwork Reduction Act 

These regulations are exempt from the 

requirements of the Paperwork 

Reduction Act (44 U.S.C. chapter 35), as 

specified in section 1601(c)(2) of the 

2008 Farm Bill, which provides that 

these regulations be promulgated and 

administered without regard to the 

Paperwork Reduction Act. 

E-Government Act Compliance 

FSA is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

List of Subjects in 7 CFR Part 760 

Dairy products, Indemnity payments, 

Pesticide and pests, Reporting and 

recordkeeping requirements. 

For the reasons discussed in the 

preamble, the Farm Service Agency 

(USDA) amends 7 CFR part 760 as 

follows: 

PART 760—INDEMNITY PAYMENT 

PROGRAMS 

■ 1. The authority citation for part 760 

continues to read as follows: 

Authority: 7 U.S.C. 4501, 7 U.S.C. 1531, 16 

U.S.C. 3801, note, and 19 U.S.C. 2497; Title 

III, Pub. L. 109–234, 120 Stat. 474; Title IX, 

Pub. L. 110–28, 121 Stat. 211; and Sec. 748, 

Pub. L. 111–80, 123 Stat. 2131. 

Subpart B—General Provisions for 

Supplemental Agricultural Disaster 

Assistance Programs 

■ 2. Revise § 760.106 paragraph (a)(1), to 

read as follows: 

§ 760.106 Equitable relief. 

(a) * * * 

(1) Are otherwise ineligible or provide 

evidence, satisfactory to FSA, that the 

failure to meet the requirements of 

§ 760.104 for one or more eligible crops 

on the farm was unintentional and not 

because of any fault of the participant, 

as determined by the Secretary, or 

* * * * * 

§ 760.107 [Amended] 

■ 3. Amend § 760.107, in paragraph 

(b)(2)(ii), by removing the words 

‘‘paragraph (a)’’ and adding, in their 

place, the words ‘‘paragraph (b)(2)(i)’’. 

Subpart C—Emergency Assistance for 

Livestock, Honeybees, and FarmRaised Fish Program 

■ 4. Revise § 760.203, paragraph (c)(2) to 

read as follows: 

§ 760.203 Eligible losses, adverse weather, 

and other loss conditions. 

* * * * * 

(c) * * * 

(2) Due to an eligible adverse weather 

event or loss condition that occurred on 

or after January 1, 2008, and before 

October 1, 2011. 

* * * * * 

■ 5. Revise § 760.204, paragraph (f)(1) to 

read as follows: 

§ 760.204 Eligible livestock, honeybees, 

and farm-raised fish. 

* * * * * 

(f) * * * 

(1) They must have died: 

(i) On or after the beginning date of 

the eligible loss condition; and 

(ii) On or after January 1, 2008, and 

no later than 60 calendar days from the 

ending date of the eligible loss 

condition, but before November 30, 

2011; and 

(iii) As a direct result of an eligible 

loss condition that occurs on or after 

January 1, 2008, and before October 1, 

2011; and 

(iv) In the calendar year for which 

payment is being requested; and 

* * * * * 

Subpart E—Livestock Indemnity 

Program 

■ 4. Revise § 760.404, paragraph (c) to 

read as follows: 

§ 760.404 Eligible livestock. 

* * * * * 

(c) To be considered eligible livestock 

for the purpose of generating payments 

under this subpart, livestock must meet 

all of the following conditions: 

(1) Died as a direct result of an 

eligible adverse weather event that 

occurred on or after January 1, 2008, 

and before October 1, 2011; 

(2) Died no later than 60 calendar 

days from the ending date of the 

applicable adverse weather event, but 

before November 30, 2011; 

(3) Died in the calendar year for 

which benefits are being requested; 

(4) Been maintained for commercial 

use as part of a farming operation on the 

day they died; and 

(5) Before dying, not have been 

produced or maintained for reasons 

other than commercial use as part of a 

farming operation, such non-eligible 

uses being understood to include, but 

not be limited to, any uses of wild, free 

roaming animals or use of the animals 

for recreational purposes, such as 

pleasure, hunting, roping, pets, or for 

show. 

* * * * * 

Subpart G—Supplemental Revenue 

Assistance Payments Program 

■ 5. Amend § 760.601 by adding a 

sentence at the end of paragraph (b) to 

read as follows: 

§ 760.601 Applicability. 

* * * * * 

(b) * * * Crop losses must have 

occurred in crop year 2008 or 

subsequent crop years due to an eligible 

disaster event that occurs on or before 

September 30, 2011. 

* * * * * 

■ 6. Revise § 760.610, paragraph (a)(2), 

to read as follows: 

§ 760.610 Participant eligibility. 

(a) * * * 

(2) Crop losses must have occurred in 

crop year 2008 or subsequent crop years 

due to an eligible disaster event that 

occurred on or before September 30, 

2011. 

(i) For insured crops, the coverage 

period, as defined in the insurance 

policy, must have begun on or before 

September 30, 2011; 

(ii) For NAP crops, the coverage 

period must have begun on or before 

September 30, 2011; and 

(iii) The final planting date for that 

crop according to the Federal crop 

insurance or NAP policy must have 

been on or before September 30, 2011. 

* * * * * 

Carolyn B. Cooksie, 

Acting Administrator, Farm Service Agency. 

[FR Doc. 2011–22323 Filed 8–30–11; 8:45 am] 

BILLING CODE 3410–05–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 927 

[Doc. No. AMS–FV–11–0060; FV11–927–2 

IR] 

Pears Grown in Oregon and 

Washington; Assessment Rate 

Decrease for Fresh Pears 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: This rule decreases the 

assessment rate established for the Fresh 

Pear Committee (Committee) for the 

2011–2012 and subsequent fiscal 

periods from $0.501 to $0.471 per 

standard box or equivalent of fresh 

winter pears handled. The Committee 

locally administers the marketing order 


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54076 Federal Register / Vol. 76, No. 169 / Wednesday, August 31, 2011 / Rules and Regulations 

which regulates the handling of fresh 

pears grown in Oregon and Washington. 

Assessments upon Oregon-Washington 

fresh pear handlers are used by the 

Committee to fund reasonable and 

necessary expenses of the program. The 

fiscal period begins July 1 and ends June 

30. The assessment rate will remain in 

effect indefinitely unless modified, 

suspended, or terminated. 

DATES: Effective September 1, 2011. 

Comments received by October 31, 

2011, will be considered prior to 

issuance of a final rule. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this rule. Comments must be 

sent to the Docket Clerk, Marketing 

Order Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue, SW., STOP 

0237, Washington, DC 20250–0237; Fax: 

(202) 720–8938; or Internet: http:// 

www.regulations.gov. Comments should 

reference the document number and the 

date and page number of this issue of 

the Federal Register and will be 

available for public inspection in the 

Office of the Docket Clerk during regular 

business hours, or can be viewed at: 

http://www.regulations.gov. All 

comments submitted in response to this 

rule will be included in the record and 

will be made available to the public. 

Please be advised that the identity of the 

individuals or entities submitting the 

comments will be made public on the 

Internet at the address provided above. 

FOR FURTHER INFORMATION CONTACT: 

Teresa Hutchinson or Gary Olson, 

Northwest Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA; Telephone: (503) 326– 

2724, Fax: (503) 326–7440, or E-mail: 

Teresa.Hutchinson@ams.usda.gov or 

GaryD.Olson@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Laurel May, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491, Fax: (202) 720–8938, or E-mail: 

Laurel.May@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Order No. 

927, as amended (7 CFR part 927), 

regulating the handling of pears grown 

in Oregon and Washington, hereinafter 

referred to as the ‘‘order.’’ The order is 

effective under the Agricultural 

Marketing Agreement Act of 1937, as 

amended (7 U.S.C. 601–674), hereinafter 

referred to as the ‘‘Act.’’ 

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. Under the marketing order now 

in effect, Oregon-Washington pear 

handlers are subject to assessments. 

Funds to administer the order are 

derived from such assessments. It is 

intended that the assessment rate as 

issued herein will be applicable to all 

assessable fresh winter pears beginning 

July 1, 2011, and continue until 

amended, suspended, or terminated. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 608c(15)(A) of the Act, any 

handler 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 request a modification of the order 

or to be exempted therefrom. Such 

handler 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 handler is an 

inhabitant, or has his or her principal 

place of business, has jurisdiction to 

review USDA’s ruling on the petition, 

provided an action is filed not later than 

20 days after the date of the entry of the 

ruling. 

This rule decreases the assessment 

rate established for the Committee for 

the 2011–2012 and subsequent fiscal 

periods from $0.501 to $0.471 per 

standard box or equivalent of fresh 

winter pears handled. The standard box 

or equivalent assessment rate for fresh 

‘‘summer/fall’’ pears and ‘‘other’’ fresh 

pears would remain unchanged at 

$0.366 and $0.00, respectively. 

The Oregon-Washington pear 

marketing order provides authority for 

the Committee, with USDA approval, to 

formulate an annual budget of expenses 

and to collect assessments from 

handlers to administer the fresh pear 

program. The members of the 

Committee are producers and handlers 

of Oregon-Washington fresh pears. They 

are familiar with the Committee’s needs 

and with the costs for goods and 

services in their local area and are thus 

in a position to formulate an appropriate 

budget and assessment rate. The 

assessment rate is formulated and 

discussed at a public meeting. Thus, all 

directly affected persons have an 

opportunity to participate and provide 

input. 

For the 2005–2006 and subsequent 

fiscal periods, the Committee 

recommended, and the USDA approved, 

the following three base rates of 

assessment: (a) $0.366 per standard box 

or equivalent for any or all varieties or 

subvarieties of fresh pears classified as 

‘‘summer/fall’’; (b) $0.501 per standard 

box or equivalent for any or all varieties 

or subvarieties of fresh pears classified 

as ‘‘winter’’; and (c) $0.000 per standard 

box or equivalent for any or all varieties 

or subvarieties of fresh pears classified 

as ‘‘other’’. These assessment rates 

would continue in effect from fiscal 

period to fiscal period unless modified, 

suspended, or terminated by USDA 

upon recommendation and information 

submitted by the Committee or other 

information available to USDA. 

The Committee met on June 3, 2011, 

and unanimously recommended 2011– 

2012 expenditures of $8,827,860 and an 

assessment rate of $0.471 per standard 

box or equivalent of fresh winter pears 

handled. In comparison, last year’s 

budgeted expenditures were $9,262,200. 

The assessment rate of $0.471 is $0.03 

lower than the rate previously in effect. 

The Committee recommended the 

assessment rate decrease because the 

winter pear promotion budget for the 

2011–2011 fiscal period was reduced. 

The major expenditures 

recommended by the Committee for the 

2011–2012 fiscal period include 

$437,160 for contracted administration 

by Pear Bureau Northwest, $610,700 for 

production research and market 

development, $6,355,000 for promotion 

and paid advertising for winter pears, 

and $1,260,000 for promotion and paid 

advertising for summer/fall pears. In 

comparison, major expenses for the 

2010–2011 fiscal period included 

$482,500 for contracted administration 

by Pear Bureau Northwest, $610,700 for 

production research and market 

development, $6,600,000 for promotion 

and paid advertising for winter pears, 

and $1,410,000 for promotion and paid 

advertising for summer/fall pears. 

The Committee based its 

recommended assessment rate for fresh 

winter pears on the 2011–2012 fresh 

winter pear crop estimate, the 2011– 

2012 program expenditure needs, and 

the current and projected size of its 

monetary reserve. Applying the $0.471 

per standard box or equivalent 

assessment rate to the Committee’s 

15,500,000 standard box or equivalent 

fresh winter pear crop estimate should 

provide $7,300,500 in assessment 

income. The quantity of assessable fresh 

summer/fall pears for the 2011–2012 

fiscal period is estimated at 4,200,000 

standard boxes or equivalent. The 

summer/fall fresh pear assessment rate 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 76, No. 169 / Wednesday, August 31, 2011 / Rules and Regulations 54077 

of $0.366 per standard box or equivalent 

should provide $1,537,200 in 

assessment income. Thus, income 

derived from winter and summer/fall 

fresh pear handler assessments 

($8,837,700) and interest and 

miscellaneous income ($20,000) would 

be adequate to cover the recommended 

$8,827,860 budget for 2011–2012. Funds 

in the reserve were $1,040,646 as of 

June 30, 2010. The Committee estimates 

that $61,117 will be deducted from the 

reserve to cover budgeted expenses for 

2010–2011. The Committee estimates a 

reserve of $979,529 on June 30, 2011. 

For 2011–2012, the Committee estimates 

that $29,840 will be added to the reserve 

for an estimated reserve of $1,009,369 

on June 30, 2012, which would be 

within the maximum permitted by the 

order of approximately one fiscal 

period’s operational expenses (§ 927.42). 

The assessment rate established in 

this rule will continue in effect 

indefinitely unless modified, 

suspended, or terminated by USDA 

upon recommendation and information 

submitted by the Committee or other 

available information. 

Although this assessment rate is 

effective for an indefinite period, the 

Committee will continue to meet prior 

to or during each fiscal period to 

recommend a budget of expenses and 

consider recommendations for 

modification of the assessment rate. The 

dates and times of Committee meetings 

are available from the Committee or 

USDA. Committee meetings are open to 

the public and interested persons may 

express their views at these meetings. 

USDA will evaluate Committee 

recommendations and other available 

information to determine whether 

modification of the assessment rate is 

needed. Further rulemaking will be 

undertaken as necessary. The 

Committee’s 2011–2012 budget and 

those for subsequent fiscal periods will 

be reviewed and, as appropriate, 

approved by USDA. 

Initial Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA) (5 

U.S.C. 601–612), the Agricultural 

Marketing Service (AMS) has 

considered the economic impact of this 

rule on small entities. Accordingly, 

AMS has prepared this initial regulatory 

flexibility analysis. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

business subject to such actions in order 

that small businesses will not be unduly 

or disproportionately burdened. 

Marketing orders issued pursuant to the 

Act, and the rules issued thereunder, are 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

behalf. 

There are approximately 1,581 

growers of fresh pears in the regulated 

production area and approximately 38 

handlers of fresh pears subject to 

regulation under the order. Small 

agricultural growers are defined by the 

Small Business Administration (SBA) 

(13 CFR 121.201) as those having annual 

receipts of less than $750,000, and small 

agricultural service firms are defined as 

those whose annual receipts are less 

than $7,000,000. 

According to the Noncitrus Fruits and 

Nuts 2010 Summary issued in July 2011 

by the National Agricultural Statistics 

Service, the average price for fresh pears 

in 2010 was $591 per ton. The 2010 

farm-gate value of fresh pears grown in 

Oregon and Washington is estimated at 

approximately $249,500,579, based on 

shipments of 19,189,400 44-pound 

standard boxes. Based on the number of 

fresh pear growers in the Oregon and 

Washington, the average gross revenue 

for each grower can be estimated at 

approximately $157,812. Furthermore, 

based on Committee records, the 

Committee has estimated that 56 

percent of Northwest pear handlers 

currently ship less than $7,000,000 

worth of fresh pears on an annual basis. 

From this information, it is concluded 

that the majority of growers and 

handlers of Oregon and Washington 

fresh pears may be classified as small 

entities. 

This rule decreases the assessment 

rate established for the Committee and 

collected from handlers for the 2011– 

2012 and subsequent fiscal periods from 

$0.501 to $0.471 per standard box or 

equivalent of fresh winter pears 

handled. The Committee unanimously 

recommended 2011–2012 expenditures 

of $8,827,860 and an assessment rate of 

$0.471 per standard box or equivalent of 

fresh winter pears. The assessment rate 

of $0.471 is $0.03 lower than the 

previous rate. The Committee 

recommended the assessment rate 

decrease because the winter pear 

promotion budget for the 2011–2012 

fiscal period was reduced. 

The quantity of assessable fresh 

winter pears for the 2011–2012 fiscal 

period is estimated at 15,500,000 

standard boxes or equivalent. Thus, the 

$0.471 rate should provide $7,300,500 

in assessment income. Applying the 

$0.366 per standard box or equivalent 

assessment rate to the Committee’s 

4,200,000 standard box or equivalent 

fresh summer/fall pear crop estimate 

should provide $1,537,200 in 

assessment income. Income derived 

from winter and summer/fall fresh pear 

handler assessments ($8,837,700) and 

interest and miscellaneous income 

($20,000) would be adequate to cover 

the budgeted expenses. 

The major expenditures 

recommended by the Committee for the 

2011–2012 fiscal period include 

$437,160 for contracted administration 

by Pear Bureau Northwest, $610,700 for 

production research and market 

development, $6,355,000 for promotion 

and paid advertising for winter pears, 

and $1,260,000 for promotion and paid 

advertising for summer/fall pears. In 

comparison, major expenses for the 

2010–2011 fiscal period included 

$482,500 for contracted administration 

by Pear Bureau Northwest, $610,700 for 

production research and market 

development, $6,600,000 for promotion 

and paid advertising for winter pears, 

and $1,410,000 for promotion and paid 

advertising for summer/fall pears. 

The Committee discussed alternate 

lower rates of assessment, but 

determined that the recommended 

assessment rate would be sufficient to 

fund the 2011–2012 fresh winter pear 

programs. 

A review of historical information and 

preliminary information pertaining to 

the upcoming fiscal period indicates 

that the grower price for the 2011–2012 

fiscal period could range between $372 

and $456 per ton of pears. Therefore, the 

estimated assessment revenue for the 

2011–2012 fiscal period as a percentage 

of total grower revenue could range 

between 5.75 and 4.69 percent. 

This action decreases the assessment 

obligation imposed on handlers. 

Assessments are applied uniformly on 

all handlers, and some of the costs may 

be passed on to producers. However, 

decreasing the assessment rate reduces 

the burden on handlers, and may reduce 

the burden on producers. 

In addition, the Committee’s meeting 

was widely publicized throughout the 

Oregon-Washington pear industry and 

all interested persons were invited to 

attend the meeting and participate in 

Committee deliberations on all issues. 

Like all Committee meetings, the June 3, 

2011, meeting was a public meeting and 

all entities, both large and small, were 

able to express views on this issue. 

Finally, interested persons are invited to 

submit comments on this interim rule, 

including the regulatory and 

informational impacts of this action on 

small businesses. 

In accordance with the Paperwork 

Reduction Act of 1991 (44 U.S.C. 

Chapter 35), the order’s information 

collection requirements have been 

previously approved by the Office of 

Management and Budget (OMB) and 

assigned OMB No. 0581–0189, Generic 


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54078 Federal Register / Vol. 76, No. 169 / Wednesday, August 31, 2011 / Rules and Regulations 

Fruit Crops. No changes in those 

requirements as a result of this action 

are anticipated. Should any changes 

become necessary, they would be 

submitted to OMB for approval. 

This action imposes no additional 

reporting or recordkeeping requirements 

on either small or large OregonWashington fresh pear handlers. As 

with all Federal marketing order 

programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 

duplication by industry and public 

sector agencies. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rule. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

MarketingOrdersSmallBusinessGuide. 

Any questions about the compliance 

guide should be sent to Laurel May at 

the previously mentioned address in the 

FOR FURTHER INFORMATION CONTACT

section. 

After consideration of all relevant 

material presented, including the 

information and recommendation 

submitted by the Committee and other 

available information, it is hereby found 

that this rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act. 

Pursuant to 5 U.S.C. 553, it is also 

found and determined upon good cause 

that it is impracticable, unnecessary, 

and contrary to the public interest to 

give preliminary notice prior to putting 

this rule into effect, and that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because: (1) The 2011–2012 fiscal 

period begins on July 1, 2011, and the 

marketing order requires that the rate of 

assessment for each fiscal period apply 

to all assessable pears handled during 

such fiscal period; (2) this action 

decreases the assessment rate for 

assessable fresh winter pears beginning 

with the 2011–2012 fiscal period; (3) 

handlers are aware of this action which 

was unanimously recommended by the 

Committee at a public meeting and is 

similar to other assessment rate actions 

issued in past years; and (4) this interim 

rule provides a 60-day comment period, 

and all comments timely received will 

be considered prior to finalization of 

this rule. 

List of Subjects in 7 CFR Part 927 

Marketing agreements, Pears, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 927 is amended as 

follows: 

PART 927—PEARS GROWN IN 

OREGON AND WASHINGTON 

■ 1. The authority citation for 7 CFR 

part 927 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. In § 927.236, the introductory text 

and paragraph (b) are revised to read as 

follows: 

§ 927.236 Fresh pear assessment rate. 

On and after July 1, 2011, the 

following base rates of assessment for 

fresh pears are established for the Fresh 

Pear Committee: 

* * * * * 

(b) $0.471 per 44-pound net weight 

standard box or container equivalent for 

any or all varieties or subvarieties of 

fresh pears classified as ‘‘winter’’; and 

* * * * * 

Dated: August 19, 2011. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2011–22113 Filed 8–30–11; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1205 

[Doc. # AMS–CN–11–0026; CN–11–002] 

Cotton Board Rules and Regulations: 

Adjusting Supplemental Assessment 

on Imports 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: The Agricultural Marketing 

Service (AMS) is amending the Cotton 

Board Rules and Regulations by 

updating the value assigned to imported 

cotton for the purpose of calculating 

supplemental assessments collected for 

use by the Cotton Research and 

Promotion Program. An amendment is 

required to adjust the supplemental 

assessment and to ensure that 

assessments collected on imported raw 

cotton and the cotton content of 

imported cotton-containing products are 

the same as assessments collected on 

domestically produced cotton. In 

addition, AMS is updating the textile 

trade conversion factors used to 

determine the raw fiber equivalents of 

imported cotton-containing products 

and expanding the number of 

Harmonized Tariff Schedule (HTS) 

statistical reporting numbers from the 

current 706 to 2,371 to assess all 

imported cotton and cotton-containing 

products. 

DATES: Effective Date: September 30, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Shethir M. Riva, Chief, Research and 

Promotion Staff, Cotton and Tobacco 

Programs, AMS, USDA, Stop 0224, 1400 

Independence Ave., SW., Room 2635–S, 

Washington, DC 20250–0224, telephone 

(540) 361–2726, facsimile (202) 690– 

1718, or e-mail at 

Shethir.Riva@ams.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. 

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. 

Background 

Import Assessment 

Amendments to the Act were enacted 

by Congress under Subtitle G of Title 

XIX of the Food, Agriculture, 

Conservation, and Trade Act of 1990 


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