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[Federal Register Volume 76, Number 105 (Wednesday, June 1, 2011)]
[Notices]
[Pages 31573-31574]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13500]

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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[AMS-CN-11-0036; CN-11-003]

Cotton Research and Promotion Program: Request for Comments To Be 
Used in a Review of 1990 Amendments to the Cotton Research and 
Promotion Act

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice.

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SUMMARY: As provided for by the Cotton Research and Promotion Act 
Amendments of 1990, the Agricultural Marketing Service (AMS) is 
announcing its intention to conduct a review to ascertain whether a 
referendum is needed to determine whether producers and importers favor 
continuation of amendments to the Cotton Research and Promotion Order. 
This notice invites all interested parties to submit written comments 
to the Department of Agriculture (USDA). USDA will consider these 
comments in determining whether a referendum is warranted. USDA should 
announce review results sometime during the latter part of 2011.

DATES: Comments must be received on or before August 1, 2011.

ADDRESSES: Interested persons are invited to submit written comments on 
the Internet at http://www.regulations.gov or to 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; fax: (202) 690-1718. All comments should reference the 
docket number and the date and page number of this issue of the Federal 
Register and will be made available for public inspection in the above 
office during regular business hours or can be viewed at http://www.regulations.gov. All comments submitted in response to this notice 
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 comments will be made public on the Internet at the 
address provided above.

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: The Cotton Research and Promotion Act of 
1966 (7 U.S.C. 2101-2118) authorized a national Cotton Research and 
Promotion Program which is industry operated and funded, with oversight 
by USDA. The program's objective is to enable cotton growers and 
importers to establish, finance, and carry out a coordinated program of 
research and promotion to improve the competitive position of, and to 
expand markets for cotton.
    The program became effective on December 31, 1966, when the Cotton 
Research and Promotion Order (7 CFR part 1205) was issued. Assessments 
began with the 1967 cotton crop. The Order was amended and a 
supplemental assessment initiated, not to exceed one percent of the 
value of each bale, effective January 26, 1977.
    The program is currently financed through assessments levied on 
domestic and imported cotton and cotton-containing products. 
Assessments under this program are used to fund promotional campaigns 
and to conduct

[[Page 31574]]

research in the areas of U.S. marketing, international marketing, 
cotton production and processing, and textile research and 
implementation.
    The program is administered by the Cotton Board, which has 41 
members, 41 alternate members and one consumer advisor. The Cotton 
Board is composed of representatives of cotton producers and cotton 
importers, each of whom has an alternate selected by the Secretary of 
Agriculture from nominations submitted by eligible producer and 
importer organizations. All members and their alternates serve terms of 
3 years. The Cotton Board's responsibility is to administer the 
provisions of the Cotton Research and Promotion Order issued pursuant 
to the Act. These responsibilities include collecting, holding and 
safeguarding funds; making refunds when refunds are a provision of the 
Order; contracting with an organization for the development and 
implementation of programs of research and promotion; reviewing and 
making recommendations to the Secretary of Agriculture on proposed 
programs and budgets; and making funds available for such programs when 
approved. The objective of the Cotton Research and Promotion Program is 
to strengthen cotton's competitive position and to maintain and expand 
domestic and foreign markets and uses for cotton. The Cotton Board is 
prohibited from participating in any matters influencing governmental 
policies or action except recommendations for amendments to the Order.
    Amendments to the Act were enacted under subtitle G of title XIX of 
the Food, Agriculture, Conservation, and Trade Act of 1990 (Pub. L. 
101-624, 104 stat. 3909, November 28, 1990). These amendments provided 
for: (1) Importer representation on the Cotton Board; (2) the 
assessment of imported cotton and cotton products; (3) increasing the 
amount the Secretary of Agriculture can be reimbursed for conduct of a 
referendum from $200,000 to $300,000; (4) reimbursing government 
agencies who assist in administering the collection of assessments on 
imported cotton and cotton products; and (5) terminating the right of a 
producer to demand a refund of assessments. The Act Amendments of 1990 
were approved by a majority (60 percent) of importers and producers of 
cotton voting in a referendum conducted July 17-26, 1991, as required 
by the Act. Results of this referendum were announced in a nationally 
distributed press release dated August 2, 1991.
    The Cotton Research and Promotion Act Amendment of 1990, Section 
8(c) provides that once every 5 years after the July 1991 referendum, 
the Secretary of Agriculture is to conduct a review to ascertain 
whether a referendum is needed. In such a referendum, producers and 
importers would determine whether they favor continuation of the 
amendments to the Order provided for in the Cotton Research and 
Promotion Act Amendments of 1990. These amendments to the Order were 
promulgated in final rules published in the Federal Register on 
December 10, 1991 (56 FR 64470), corrected at (56 FR 66670).
    The results of the most recent review report of the Cotton Research 
and Promotion Program were issued on March 6, 2007. USDA announced its 
view (72 FR 9918) not to conduct a referendum regarding the 1991 
amendments to the Order. In accordance with Section 8(c)(2) of the Act, 
USDA provided an opportunity for all eligible persons to request a 
continuance referendum on the 1991 amendments by making such a request 
during a sign-up period. During the period of September 3-November 30, 
2007, the Department conducted a sign-up period for all eligible 
persons to request a continuance referendum on the 1990 Act amendments. 
The results of the sign-up period did not meet the criteria established 
for a continuance referendum by the Cotton Research and Promotion Act 
and therefore, a referendum was not conducted.
    In 2011, in accordance with the provisions of the Act, the 
Secretary of Agriculture will conduct its review of the Cotton Research 
and Promotion Program Act amendments to ascertain whether a referendum 
is needed to determine whether producers and importers support 
continuation of the amendments to the Order, as provided for by the 
1990 Act amendments. The Secretary of Agriculture should make a public 
announcement of the results of the review on September 24, 2011 (60 
days after each fifth anniversary date of the referendum). If the 
Secretary of Agriculture determines that a referendum is needed, the 
Secretary of Agriculture should conduct the referendum by September 24, 
2012 (within 12 months after a public announcement of the determination 
to conduct the referendum).
    If the Secretary determines that a referendum is not warranted, a 
sign-up period to request such a referendum will be made available to 
cotton producers and importers. A referendum will be held if requested 
by 10 percent or more of those voting in the most recent referendum as 
long as not more than 20 percent are from any one State or importers of 
cotton. This sign-up period would be announced in the Federal Register. 
A 60-day comment period is provided for interested persons to provide 
comments to be used by USDA in its review. All interested persons are 
invited to submit written comments.

    Authority: 7 U.S.C. 2101-2118.

    Dated: May 24, 2011.
Rayne Pegg,
Administrator, Agricultural Marketing Service.
[FR Doc. 2011-13500 Filed 5-31-11; 8:45 am]
BILLING CODE 3410-02-P
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