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

70643

Vol. 65, No. 228

Monday, November 27, 2000

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1205

[CN–00–009]

Amendment to Cotton Board Rules

and Regulations Regarding Import

Assessment Exemptions

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

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 to reflect additional

Harmonized Tariff Schedule (HTS)

numbers. The purpose of the proposed

changes 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.

DATES: Effective November 28, 2000;

comments received by December 27,

2000 will be considered prior to

issuance of a final rule.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this rule. Comments may be

mailed to USDA, AMS, Cotton Program,

STOP 0224, 1400 Independence

Avenue, SW, Washington, D.C. 20250–

0224; fax (202) 690–1718, or E-mail

cottoncomments@usda.gov. Comments

should reference the docket number and

the date and page number of this issue

of the Federal Register and will be

available for public inspection at this

address during regular business hours.

FOR FURTHER INFORMATION CONTACT:

Whitney Rick, Chief, Cotton Research

and Promotion Staff: phone (202) 720–

6603, facsimile (202) 690–1718, or email

whitney.rick@usda.gov.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This proposed rule has been

determined to be ‘‘non significant’’ for

purposes of Executive Order 12866, and,

therefore, has not been reviewed by the

Office of Management and Budget.

Executive Order 12988

This proposed 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 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

entry of ruling.

Regulatory Flexibility Act

Pursuant to requirements set forth in

the Regulatory Flexibility Act (RFA) (5

U.S.C. 601 et seq.), AMS has considered

the economic impact 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 businesses.

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 proposed rule would affect

importers of cotton and cottoncontaining products. The majority of

these importers are small businesses

under the criteria established by the

Small Business Administration. This

proposed 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.

Paperwork Reduction

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 in the regulation

to be amended has been previously

approved by OMB and was 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. 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.

The U.S. cotton containing fabric often

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

and textile articles.

Section 1205.510 (b)(5) of the Cotton

Board Rules and Regulations identifies

70644 Federal Register / Vol. 65, No. 228 / Monday, November 27, 2000 / Rules and Regulations

specific Harmonized Tariff Schedule

(HTS) numbers that are exempted to

avoid a double assessment of this U.S.

produced cotton. Recently, new HTS

numbers were established to identify

U.S. produced cotton fabrics and/or

yarns that are wholly formed and/or cut

in the U.S., exported and then imported

back into the U.S. in the form of apparel

products and/or luggage containing U.S.

produced cotton. These HTS numbers

need to be exempt to avoid a double

assessment of U.S. produced cotton.

Section 1205.510(b)(5) needs revision to

included ten newly identified HTS

numbers; 9819.11.30, 9819.11.60,

9820.11.03, 9820.11.06, 9820.11.09,

9820.11.12, 9820.11.18, 9820.11.21,

9802.00.8044, or 9802.00.8046 (see

Presidential Proclamation 7350 of

October 2, 2000 at 65 FR 59321,

published on October 4, 2000).

Pursuant to 5 U.S.C. 533, 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

exist for not postponing the effective

date of this rule until thirty-days after

publication in the Federal Register

because: (1) This rule needs to be

effective promptly in order to reflect

new HTS numbers that became

applicable in October of 2000; (2) this

rule will prevent importers of cotton

and cotton products from being double

assessed on U.S. produced cotton that is

exported and then returned to the U.S.

in the form of textile and apparel

products; and (3) this rule provided a

thirty-day comment period, and any

comments received will be considered

prior to finalization of this rule. For the

same reasons, a thirty-day comment

period is deemed appropriate.

List of Subjects in 7 CFR Part 1205

Advertising, Agricultural research,

Cotton, Marketing agreements,

Reporting and recordkeeping

requirements.

For 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

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

Unites States and identified by HTS

numbers 9819.11.03, 9819.11.06,

9820.11.03, 9820.11.06, 9820.11.09,

9820.11.12, 9820.11.18, 9820.11.21,

9802.00.8015, 9802.00.9000,

9802.00.8044, or 9802.00.8046 shall not

subject to assessment.

* * * * *

Dated: November 20, 2000.

Norma R. McDill,

Acting Deputy Administrator.

[FR Doc. 00–30139 Filed 11–24–00; 8:45 am]

BILLING CODE 3410–02–P

FEDERAL ELECTION COMMISSION

11 CFR Part 104

[Notice 2000–20]

Election Cycle Reporting by

Authorized Committees

AGENCY: Federal Election Commission.

ACTION: Final rule; announcement of

effective date.

SUMMARY: On July 11, 2000, the

Commission published the text of

revisions to the regulations requiring

authorized committees of federal

candidates to aggregate, itemize and

report all receipts and disbursements on

an election-cycle basis rather than on a

calendar-year-to-date basis. The

Commission announces that these rules

are effective as of January 1, 2001.

DATES: Effective January 1, 2001.

Applicability date: Reporting periods

beginning on or after January 1, 2001.

FOR FURTHER INFORMATION CONTACT: Ms.

Rosemary C. Smith, Assistant General

Counsel, or Ms. Cheryl A. Fowle,

Attorney, 999 E Street, NW.,

Washington, DC 20463, (202) 694–1650

or toll free (800) 424–9530.

SUPPLEMENTARY INFORMATION: The

Commission is announcing the effective

date of revisions to the regulations at 11

CFR 104.3, 104.7, 104.8 and 104.9

requiring authorized committees of

federal candidates to aggregate, itemize

and report all receipts and

disbursements on an election-cycle

basis. See Explanation and Justification

for Election Cycle Reporting by

Authorized Committees, 65 FR 42619

(July 11, 2000). These rules implement

a 1999 amendment to the Federal

Election Campaign Act at 2 U.S.C.

434(b). Pub. L. 106–58, 106th Cong. 1st

Sess., sec. 641, 113 Stat. 430, 477 (1999).

The statutory amendment and the

regulations apply only to the authorized

committees of federal candidates.

While the amendment required all

types of disbursements including

operating expenditures to be aggregated

and reported on an election-cycle basis,

it does not require that each itemizable

operating expenditure be reported on an

election-cycle basis. Thus, the

amendment could be interpreted to

mean that operating expenditures would

be reported on the summary pages on an

election-cycle basis and itemized on

Schedule B on a calendar-year basis.

However, the Commission’s final rules

construed the statutory amendment to

require all disbursements, including

operating expenditures, to be both

aggregated on the summary page and

itemized on Schedule B on an electioncycle basis. The Commission believes

this regulatory interpretation is

necessary because it would be extremely

burdensome, and possibly unworkable,

for authorized committees to itemize

these expenditures on a calendar year

basis and, at the same time, report total

amounts on an election-cycle-to-date

basis in the same report.

Section 438(d) of Title 2, United

States Code requires that any rules or

regulations prescribed by the

Commission to carry out the provisions

of Title 2 of the United States Code be

transmitted to the Speaker of the House

of Representatives and the President of

the Senate thirty legislative days prior to

final promulgation. These rules were

transmitted to Congress July 6, 2000.

Thirty legislative days expired in the

Senate on September 26, 2000, and the

House of Representatives on October 3,

2000.

The Commission also revised its

forms, specifically the Detailed

Summary Page and Schedule B for FEC

Forms 3 and 3P, to facilitate the

reporting of all expenditures by

authorized committees on an election

cycle basis. In accordance with 2 U.S.C.

438(d), these forms were transmitted to

Congress on September 15, 2000, and

ended their ten legislative day period on

September 29, 2000, in the House of

Representatives and on October 2, 2000,

in the Senate. The revised forms will

also be used for reporting periods

beginning on or after January 1, 2001.

Dated: November 21, 2000.

Danny L. McDonald,

Vice Chairman, Federal Election Commission.

[FR Doc. 00–30152 Filed 11–24–00; 8:45 am]

BILLING CODE 6715–01–P