4666 Federal Register / Vol. 62, No. 21 / Friday, January 31, 1997 / Proposed Rules

8A copy of the entire ‘‘Imported Fire Ant Program

Manual’’ may be obtained from the Animal and

Plant Health Inspection Service, Plant Protection

and Quarantine, Domestic and Emergency

Operations, 4700 River Road Unit 134, Riverdale,

MD 20737–1236.

change, but they may number in the

hundreds.

Costs for most users of granular

tefluthrin would be reduced because of

the increased period of certification.

Under the current regulations, a dose

rate of 15 ppm is required for a

certification period up to 12 months and

a dose rate of 25 ppm is required for a

certification period greater than 12

months. Thus, a cost savings of from 33

to 60 percent would be realized by

purchasers of granular tefluthrin who

ship their products out of the restricted

areas between 12 and 18 months after

treatment. The current retail price of

granular tefluthrin is about $4.00 per

pound, but prices can vary considerably

depending upon whether or not it is

purchased in bulk. A 33 to 60 percent

cost savings realized by applying

tefluthrin at a 10 ppm dose rate rather

than a 15 or 25 ppm dose rate could

mean a savings of about $1.33 to $2.40

in the application of one pound of

granular tefluthrin.

We do not anticipate that there would

be a significant economic impact on

small entities that distribute agricultural

chemicals. Distributors of agricultural

chemicals are diversified businesses

that sell a wide variety of chemicals,

fertilizers, and other farm and nursery

supplies. We also do not expect any

significant economic impact on any

other small entities.

Under these circumstances, the

Administrator of the Animal and Plant

Health Inspection Service has

determined that this action would not

have a significant economic impact on

a substantial number of small entities.

Executive Order 12372

This program/activity is listed in the

Catalog of Federal Domestic Assistance

under No. 10.025 and is subject to

Executive Order 12372, which requires

intergovernmental consultation with

State and local officials. (See 7 CFR part

3015, subpart V.)

Executive Order 12988

This proposed rule has been reviewed

under Executive Order 12988, Civil

Justice Reform. If this proposed rule is

adopted: (1) All State and local laws and

regulations that are inconsistent with

this rule will be preempted; (2) no

retroactive effect will be given to this

rule; and (3) administrative proceedings

will not be required before parties may

file suit in court challenging this rule.

Paperwork Reduction Act

This proposed rule contains no

information collection or recordkeeping

requirements under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.).

List of Subjects in 7 CFR Part 301

Agricultural commodities, Plant

diseases and pests, Quarantine,

Reporting and recordkeeping

requirements, Transportation.

Accordingly, 7 CFR part 301 would be

amended as follows:

PART 301—DOMESTIC QUARANTINE

NOTICES

1. The authority citation for part 301

would continue to read as follows:

Authority: 7 U.S.C. 150bb, 150dd, 150ee,

150ff, 161, 162, and 164–167; 7 CFR 2.22,

2.80, and 371.2(c).

2. In part 301, Subpart—Imported Fire

Ant, in the appendix to the subpart,

paragraph III.C.3.c. would be amended

by revising the dosage table to read as

follows:

Subpart—Imported Fire Ant

* * * * *

Appendix to Subpart ‘‘Imported Fire

Ant’’—Portion of ‘‘Imported Fire Ant

Program Manual’’ 8

III. Regulatory Procedures

* * * * *

C. Approved Treatments.

* * * * *

3. Plants—Balled or in Containers

* * * * *

c. Tefluthrin: Granular Formulation.

* * * * *

Dosage: * * *

Granular tefluthrin

dosage (parts per million)

Certification period

(months after treatment)

10 ppm ...................... 0–18 months.

25 ppm ...................... Continuous.

* * * * *

Done in Washington, DC, this 27th day of

January 1997.

Terry L. Medley,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 97–2402 Filed 1–30–97; 8:45 am]

BILLING CODE 3410–34–P

Agricultural Marketing Service

7 CFR Part 1205

[CN–96–007]

Amendment to Cotton Board Rules

and Regulations Regarding Import

Assessment Exemptions

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Proposed rule.

SUMMARY: The Agricultural Marketing

Service is proposing to amend the

regulations regarding import assessment

exemptions by adjusting the provisions

for automatic assessment exemptions on

certain imports of textile and apparel

products. The purpose of the proposed

automatic exemption is to avoid

multiple assessment of U.S. produced

cotton that has been exported and then

imported back into the U.S. in the form

of textile and apparel products. Also,

this proposed rule would lengthen the

amount of time a person has to request

an import reimbursement from 90 days

from the date the assessment was paid

to 180 days from the date the

assessment was paid. This proposal

would be consistent with the business

practices of importers and would make

it easier for importers to comply with

the regulations.

DATES: Comments must be submitted on

or before March 3, 1997.

ADDRESSES: Comments may be mailed to

USDA, AMS, Cotton Division, STOP

0224, 1400 Independence Avenue S.W.,

Washington D.C., 20250–0224.

Comments will be made available for

public inspection during the hours 8:00

a.m. to 4:00 p.m. Monday through

Friday at this address.

FOR FURTHER INFORMATION CONTACT:

Craig Shackelford, (202) 720–2259.

SUPPLEMENTARY INFORMATION:

Regulatory Impact Analysis

Executive Orders 12866 and 12988; the

Regulatory Flexibility Act and the

Paperwork Reduction Act

This rule has been determined to be

‘‘not significant’’ for purposes of

Executive Order 12866, and, therefore,

has not been reviewed by the Office of

Management and Budget.

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
Federal Register / Vol. 62, No. 21 / Friday, January 31, 1997 / Proposed Rules 4667

(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 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 the ruling.

Pursuant to requirements set forth in

the Regulatory Flexibility Act (RFA) (5

U.S.C. 601 et seq.), the Administrator,

Agricultural Marketing Service (AMS)

has considered the economic impact of

this action on small entities.

The purpose of the RFA is to fit

regulatory actions to the scale of

businesses subject to such actions in

order that small businesses will not be

unduly or disproportionately burdened.

There are an estimated 10,000

importers who are presently subject to

rules and regulations issued pursuant to

the Cotton Research and Promotion

Order. This rule will affect importers of

cotton and cotton-containing products.

The majority of these importers are

small businesses under the criteria

established by the Small Business

Administration (13 CFR 121.601).

This rule will neither raise nor lower

assessments paid by importers subject to

the Cotton Research and Promotion

Order and therefore presents minimal

economic impact. This action will

improve the agency’s ability to prevent

double assessment of U.S. produced

cotton reentering the U.S. in the form of

textile and apparel products.

Under these circumstances AMS has

determined that this action will not

have a significant economic impact on

a substantial number of small entities.

In compliance with Office of

Management and Budget (OMB)

regulations (5 CFR Part 1320) which

implement the Paperwork Reduction

Act (PRA) (44 U.S.C. 3501 et seq.) the

information collection requirements

contained in the regulation to be

amended have been previously

approved by OMB and were assigned

control number 0581–0093.

Background

The Cotton Research and Promotion

Act Amendments of 1990 enacted by

Congress under Subtitle G of Title XIX

of the Food, Agriculture, Conservation

and Trade Act of 1990 on November 28,

1990, contained two provisions that

authorized changes in the funding

procedures for the Cotton Research and

Promotion Program.

These provisions are: (1) The

assessment of imported cotton and

cotton products; and (2) termination of

the right of cotton producers to demand

a refund of assessments.

An amended Cotton Research and

Promotion Order was approved by

producers and importers voting in a

referendum held July 17–26, 1991.

Proposed rules implementing the

amended Order were published in the

Federal Register on December 17, 1991,

(56 FR 65450). The final implementing

rules were published on July 1 and 2,

1992, (57 FR 29181 and 57 FR 29431),

respectively.

Section 1205.335 (c)(1) of the Cotton

Research and Promotion Order provides

for exemptions from assessments for

certain imported goods when they

contain U.S. produced cotton in order to

minimize the occurrence of double

assessments on U.S. cotton. All U.S.

produced cotton is assessed at the time

it is first sold. A significant amount of

U.S. produced cotton is converted into

fabric in the U.S. and then exported.

This U.S. cotton containing fabric often

returns to the U.S. in the form of apparel

products.

Section 1205.510 (b)(5) of the Cotton

Board Rules and Regulations identifies

the specific Harmonized Tariff Schedule

(HTS) numbers that are exempted to

avoid a second unnecessary assessment

of this U.S. produced cotton. The

numbers currently identified in this

section have become out dated because

of changes in the HTS. The proposed

revision of this section would update

the exempted HTS numbers to

9802.00.8015, and 9802.00.9000 which

are currently in HTS.

AMS is also proposing to lengthen the

period of time a person has to request

an import assessment reimbursement

from 90 to 180 days from the date the

assessment was paid. In the past the

Cotton Board has received requests for

reimbursements beyond the 90 day

limit. In responding to these request,

importers have informed the Cotton

Board that the 90 day period is too

restrictive. The Cotton Board has

recognized that importer concern over

the time period has merit. Therefore, the

Cotton Board has requested that the

Department extend the period to 180

days. The Cotton Board believes that

this proposal would be consistent with

the business practices of importers, and

make it easier for importers to comply

with the regulations.

List of Subjects in 7 CFR Part 1205

Advertising, Agricultural research,

Cotton, Marketing agreements,

Reporting and recordkeeping

requirements.

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 for Part 1205

continues to read as follows:

Authority: 7 U.S.C. 2101–2118.

2. In § 1205.510, paragraph (b)(5) is

proposed to be revised to read as

follows:

§ 1205.510 Levy of assessments.

* * * * *

(b) * * *

(5) Imported textile and apparel

articles assembled of components

formed from cotton produced in the

United States and identified by HTS

numbers 9802.00.8015 or 9802.00.9000

shall be exempt from assessments under

this subpart.

* * * * *

3. In § 1205.520, paragraph (b)

introductory text is proposed to be

revised to read as follows:

§ 1205.520 Procedure for obtaining

reimbursement.

* * * * *

(b) Submission of Reimbursement

Application to Cotton Board. Any

importer requesting a reimbursement

shall mail the application on the

prescribed form to the Cotton Board.

The application shall be postmarked

within 180 days from the date the

assessments were paid on the cotton by

such importer. The reimbursement

application shall show:

* * * * *

Dated: January 27, 1997.

Lon Hatamiya,

Administrator.

[FR Doc. 97–2403 Filed 1–30–97; 8:45 am]

BILLING CODE 3410–02–P