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

1659

Vol. 62, No. 8

Monday, January 13, 1997

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1205

[CN–96–008]

Cotton Research and Promotion

Program: Determination of Sign-Up

Eligibility, and Procedure for the

Conduct of a Sign-Up Period for

Determination of Whether To Conduct

a Referendum Regarding the 1990

Amendments to the Cotton Research

and Promotion Act

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This rule establishes

procedures for the conduct of a sign-up

period during which eligible cotton

producers and importers will be offered

the opportunity to request a

continuance referendum on the 1991

amendments to the Cotton Research and

Promotion Order (Order). Producers will

be provided the opportunity to sign up

to request a referendum in person at the

Farm Services Agency (FSA) office that

serves the county where their farm is

located. All known and eligible

importers will be mailed information

about the sign-up period, along with a

written request form that those persons

who favor the conduct of a continuance

referendum may complete and return to

USDA.

EFFECTIVE DATE: January 13, 1997.

FOR FURTHER INFORMATION CONTACT:

Craig Shackelford, Chief, Cotton

Research and Promotion Staff,

telephone number (202) 720–2259,

facsimile (202) 690–1718.

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 (OMB).

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 state or local laws, regulations,

or policies, unless they present an

irreconcilable conflict with this rule.

The 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 order, or any

obligation imposed in connection with

the order, is not in accordance with

laws, and requesting a modification of

the order or an exemption therefrom.

Such persons are given the opportunity

for a hearing after which the Secretary

shall issue a ruling on the petition. The

Act provides that the District Court of

the United States in any district where

the petitioner resides, or where the

petitioner’s principal place of business

is located, has jurisdiction to review the

Secretary’s ruling, provided that the

petitioner files a complaint for that

purpose within 20 days from the date of

the issuance of the Secretary’s ruling.

Pursuant to requirements set forth in

the Regulatory Flexibility Act (RFA) [5

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

Marketing Service (AMS) 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

businesses.

The majority of producers and

importers subject to the Order are small

businesses under the criteria established

by the Small Business Administration.

Only those eligible persons who are in

favor of conducting a referendum will

participate in the sign-up period. Of the

46,220 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 rule will

provide to those persons who are

against the continuance of the Order

amendments an opportunity to request

a continuance referendum.

The eligibility and participation

requirements set forth in this rule are

substantially the same as the rules that

established the eligibility and

participation requirements for the 1991

referendum.

These sign-up procedures will 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.

In compliance with 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 7

CFR 1205 have been previously

approved by OMB and were assigned

OMB number 0581–0093, except Board

member nominee information sheets are

assigned OMB number 0505–001.

Background

Following the July 1991 referendum,

AMS implemented amendments to the

Order. These amendments provided for:

(1) importer representation on the

Cotton Board by an appropriate number

of persons, to be determined by the

Secretary, who import cotton or cotton

products into the U.S., and whom the

Secretary selects from nominations

submitted by importer organizations

certified by the Secretary; (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 the Secretary

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 producers to

demand a refund of assessments.

On October 8, 1996, in accordance

with the Act, USDA issued a

determination, (61 FR 52772) based on

a review report of the Cotton Research

and Promotion Program, not to conduct

a referendum regarding the 1991

amendments to the Order. Because the

review report noted that certain program

participants were in favor of conducting
1660 Federal Register / Vol. 62, No. 8 / Monday, January 13, 1997 / Rules and Regulations

a referendum, USDA is providing an

opportunity for all eligible persons to

request the conduct of a continuance

referendum on the 1991 amendments by

making such a request during a sign-up

period.

The sign-up period will be provided

for all eligible producers and importers

in accordance with section 8(c)2 of the

Act. Cotton producers will be provided

the opportunity to sign- up to request a

continuance referendum in person at

the FSA office that serves the county

where their farm is located.

USDA will mail sign-up information,

including a written request form, to all

known, eligible, cotton importers.

Importers who favor the conduct of a

continuance referendum should return

their signed request forms to USDA,

FSA, DAPDFO, STOP 0539, Attention:

William A. Brown, Box 2415, Room

3096–s, 1400 Independence Ave. S.W.,

Washington, D.C., 20250–0539.

Importers who do not receive a

request form in the mail by February 1,

1997, 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 a U.S. Customs form 7501

showing payment of a cotton assessment

for calendar year 1995. Requests and

supporting documentation should be

mailed to USDA, FSA, DAPDFO, STOP

0539, Attention: William A. Brown, Box

2415, Room 3096–s, 1400 Independence

Ave. S.W., Washington, D.C., 20250–

0539.

The sign-up period is from January

15, 1997, through April 14, 1997. The

October 8, 1996, Federal Register notice

(61 FR 52772) stated that the sign-up

period would be from November 25,

1996, through February 22, 1997. USDA

has changed the sign-up to January 15,

1997, through April 14, 1997, to allow

USDA to better prepare for the sign-up

period.

Section 8(c)2 of the Act requires that

if the Secretary determines, based on the

results of the sign-up, that at least 10

percent (4,622) or more of the number

of cotton producers and importers that

voted in the 1991 referendum request a

continuance referendum on the 1991

amendments, such 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, AMS Cotton Division will

determine the total number of valid

requests from all cotton-producing

states and from importers. No more than

20 percent of the total requests will be

counted from any one state or from

importers toward reaching the 10

percent or 4,622 total signatures

required to call for a referendum.

If the Secretary determines that fewer

than 10 percent of the number of

producers and importers who voted in

the most recent referendum do not favor

a continuance referendum, no

referendum will be held.

A proposed rule with a request for

comments was published in the Federal

Register (61 FR 64640) on December 6,

1996. One response, on behalf of an

organization that represents importers,

was received by USDA.

The respondent favored the proposed

procedures for the conduct of the signup period, specifically the proposal to

mail to all eligible importers of cotton

products necessary information and a

form by which they may indicate their

interest in a referendum.

This rule adds a new subpart to

establish procedures for use during the

sign-up period, and these procedures

will be in effect only for the duration of

the sign-up period. Accordingly, this

rule is adopted without change.

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, Title 7, chapter XI of the Code

of Federal Regulations is amended to

read as follows:

1. In Part 1205, a new subpart is

added to read as follows:

PART 1205—COTTON RESEARCH

AND PROMOTION

Subpart—Procedures for Conduct of

Sign-up Period

Definitions

Sec.

1205.10 Act.

1205.11 Administrator.

1205.12 Cotton.

1205.13 Upland cotton.

1205.14 Department.

1205.15 Farm Service Agency.

1205.16 Order.

1205.17 Person.

1205.18 Producer.

1205.19 Importer.

1205.20 Representative period.

1205.21 Secretary.

1205.22 State.

1205.23 United States.

Procedures.

1205.24 General.

1205.25 Supervision of sign-up period.

1205.26 Eligibility.

1205.27 Participation in the sign-up period.

1205.28 Counting.

1205.29 Reporting results.

1205.30 Instructions and forms.

Authority: 7 U.S.C. 2101–2118.

Definitions

§ 1205.10 Act.

The term Act means the Cotton

Research and Promotion Act, as

amended [7 U.S.C 2101–2118; Public

Law 89–502, 80 Stat 279, as amended].

§ 1205.11 Administrator.

The term Administrator means the

Administrator of the Agricultural

Marketing Service, or any officer or

employee of USDA to whom authority

has been delegated to act in the

Administrator’s stead.

§ 1205.12 Cotton.

The term cotton means all Upland

cotton harvested in the United States

and all imports of Upland cotton,

including the Upland cotton content of

products derived thereof. The term

cotton does not include imported cotton

for which the assessment is less than the

de minimis assessment established by

regulations.

§ 1205.13 Upland cotton.

The term Upland cotton means all

cultivated varieties of the species

Gossypium hirsutum L.

§ 1205.14 Department.

The term Department means the U.S.

Department of Agriculture.

§ 1205.15 Farm Service Agency.

The term Farm Service Agency—

formerly Agricultural Stabilization and

Conservation Service (ASCS)—also

referred to as ‘‘FSA,’’ means the Farm

Service Agency of the Department.

§ 1205.16 Order.

The term Order means the Cotton

Research and Promotion Order.

§ 1205.17 Person.

The term person means any

individual 18 years of age or older, or

any partnership, corporation,

association, or any other entity.

§ 1205.18 Producer.

The term producer means any person

who shares in a cotton crop, or in the

proceeds thereof, as an owner of the

farm, cash tenant, landlord of a share

tenant, share tenant, or sharecropper.

§ 1205.19 Importer.

The term importer means any person

who enters, or withdraws from

warehouse, cotton for consumption in

the customs territory of the United

States, and the term import means any

such entry.
Federal Register / Vol. 62, No. 8 / Monday, January 13, 1997 / Rules and Regulations 1661

§ 1205.20 Representative period.

The term representative period means

the 1995 calendar year.

§ 1205.21 Secretary.

The term Secretary means the

Secretary of Agriculture of the United

States, or any other officer or employee

of the Department to whom authority

has been delegated to act in the

Secretary’s stead.

§ 1205.22 State.

The term State means each of the 50

states.

§ 1205.23 United States.

The term United States means the 50

states of the United States of America.

Procedures

§ 1205.24 General.

A sign-up period will be conducted to

determine whether eligible producers

and importers favor the conduct of a

referendum on the continuance of the

1991 amendments to the Order.

(a) If the Secretary determines, based

on the results of the sign-up period, that

at least 10 percent (4,622) or more of the

number of cotton producers and

importers who voted in the 1991

referendum request the conduct of a

continuance referendum on the 1991

Order amendments, a referendum will

be held within 12 months after the end

of the sign-up period. Not more than 20

percent of the total requests counted

toward the 10 percent figure may be

from producers from any one state or

from importers of cotton.

(b) If the Secretary determines that

fewer than 10 percent (4,622) of the

number of producers and importers who

voted in the 1991 referendum do not

favor a continuance referendum, no

referendum will be held.

§ 1205.25 Supervision of sign-up period.

The Administrator shall be

responsible for conducting the sign-up

period in accordance with this subpart.

§1205.26 Eligibility.

Only persons who meet the eligibility

requirements in this subpart may

participate in the sign-up period. No

person is entitled to sign up more than

once.

(a) Except as set forth in paragraphs

(b) and (c) of this section, the following

persons are eligible to request the

conduct of a continuance referendum:

(1) any person who was engaged in

the production of Upland cotton during

calendar year 1995; and

(2) any person who was an importer

of Upland cotton and imported Upland

cotton in excess of the de minimis

assessment value of $2.00 per line item

entry during calendar year 1995.

(b) A general partnership is not

eligible to request a continuance

referendum, however, the individual

partners of an eligible general

partnership are each entitled to submit

a request.

(c) Where a group of individuals is

engaged in the production of Upland

cotton under the same lease or cropping

agreement, only the individual or

individuals who signed or entered into

the lease or cropping agreement are

eligible to participate in the sign-up

period. Individuals who are engaged in

the production of Upland cotton as joint

tenants, tenants in common, or owners

of community property, are each

entitled to submit a request if they share

in the proceeds of the required crop as

owners, cash tenants, share tenants,

sharecroppers or landlords of a fixed

rent, standing rent or share tenant.

(d) An officer or authorized

representative of a qualified corporation

or association may submit a request on

behalf of that corporation or association.

(e) A guardian, administrator,

executor, or trustee of any qualified

estate or trust may submit a request on

behalf of that estate or trust.

(f) An individual may not submit a

request on behalf of another individual.

§ 1205.27 Participation in the sign-up

period.

The sign-up period will be from

January 15, 1997, through April 14,

1997. 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 April 14,

1997.

(a) Before the sign-up period begins,

FSA shall establish a list of known,

eligible, Upland cotton producers at

each county office serving counties

where cotton is produced, and shall also

establish a list of known, eligible

Upland cotton importers.

(b) Before the start of the sign-up

period, USDA 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 February 1,

1997, may participate in the sign-up

period by submitting a signed, written,

request for a continuance referendum,

along with a copy of a U.S. Customs

form 7501 showing payment of a cotton

assessment for calendar year 1995.

Importers must submit their requests

and supporting documents to USDA,

FSA, DAPDFO, STOP 0539, Attention:

William A. Brown, P.O. Box 2415, Room

3096-s, 1400 Independence Ave. S.W.,

Washington, D.C., 20250–0539. All

requests and supporting documents

must be received by the appropriate

FSA office by April 14, 1997.

(c) Producers must request a

continuance referendum by signing up

in person at the county FSA office that

serves the county where the producer’s

farm is located. A producer who wishes

to request a referendum and whose

name does not appear on the cotton

producer list at the appropriate county

FSA office may participate in the signup period by submitting a signed,

written, request for a continuance

referendum, along with a copy of a sales

receipt for cotton produced during 1995.

All requests and supporting

documentation must be received by the

appropriate FSA office by April 14,

1997.

§ 1205.28 Counting.

County FSA offices and FSA, Deputy

Administrator for Program Delivery and

Field Operations (DAPDFO), shall begin

counting requests no later than April 15,

1997. FSA shall determine the number

of eligible persons who favor the

conduct of a continuance referendum.

§ 1205.29 Reporting results.

(a) Each county FSA office shall

prepare and transmit to the state FSA

office, by April 23, 1997, 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) DAPDFO shall prepare, by April

23, 1997, 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

April 30, 1997, forward all county

reports, and DAPDFO shall, by April 30,

1997, forward its report of importer

requests, to the Director, Cotton

Division, AMS, STOP 0224, 1400

Independence Avenue, SW,

Washington, D.C., 20250–0224.

(d) The Chief of the Research and

Promotion Staff, Cotton Division, shall

prepare a report of the requests

received, including the number of

eligible persons who requested the

conduct of a referendum, and the

number of ineligible persons who made

requests, to the Director of the Cotton

Division, and shall maintain one copy of

the report where it will be available for

public inspection for a period of 5 years

following the end of the sign-up period.
1662 Federal Register / Vol. 62, No. 8 / Monday, January 13, 1997 / Rules and Regulations

(e) The Director of the Cotton Division

shall prepare and submit to the

Secretary a report of the results of the

sign-up period. The Secretary will

conduct a referendum if requested by 10

percent or more of the number of cotton

producers and importers voting in the

most recent (July 1991) referendum, but

not more than 20 percent of the total

requests counted toward the 10 percent

figure may be from producers in any one

state or from importers of cotton. The

Secretary shall announce the results of

the sign-up period in a separate notice

in the Federal Register.

§ 1205.30 Instructions and forms.

The Administrator is hereby

authorized to prescribe additional

instructions and forms consistent with

the provisions of this subpart to govern

conduct of the sign-up period.

Dated: January 7, 1997.

Kenneth C. Clayton,

Acting Administrator.

[FR Doc. 97–766 Filed 1–10–97; 8:45 am]

BILLING CODE 3410–02–P

NUCLEAR REGULATORY

COMMISSION

10 CFR Parts 150 and 170

RIN 3150–AF49

Recognition of Agreement State

Licenses in Areas Under Exclusive

Federal Jurisdiction Within an

Agreement State

AGENCY: Nuclear Regulatory

Commission.

ACTION: Final rule.

SUMMARY: The Nuclear Regulatory

Commission (NRC) is amending its

regulations to clarify that Agreement

State licensees can seek reciprocal

recognition of their license from the

NRC when they are working within

areas of exclusive Federal jurisdiction in

Agreement States. The amendment also

clarifies NRC regulatory requirements

for reciprocity and the appropriate fees

and filing procedures applicable to

Agreement State licensees operating

under reciprocity.

EFFECTIVE DATE: February 27, 1997.

FOR FURTHER INFORMATION CONTACT:

Hampton Newsome, Office of the

General Counsel, U.S. Nuclear

Regulatory Commission, Washington,

DC 20555–0001, telephone (301) 415–

1623, e-mail HHN@nrc.gov or Mark

Haisfield, Office of Nuclear Regulatory

Research, U.S. Nuclear Regulatory

Commission, Washington, DC 20555–

0001, telephone (301) 415–6196, e-mail

MFH@nrc.gov.

SUPPLEMENTARY INFORMATION:

Background

On June 18, 1996 (61 FR 30839), the

NRC published a proposed rule in the

Federal Register that would clarify that

Agreement State licensees could seek

reciprocal recognition of their license

from the NRC when they are working

within areas of exclusive Federal

jurisdiction in Agreement States.

Current regulations, subject to certain

restrictions, allow any person who

holds a specific license from an

Agreement State to conduct activities

permitted by that license in nonAgreement States and offshore waters

using an NRC general license. The

general license is granted under the

authority contained in 10 CFR 150.20,

‘‘Recognition of Agreement State

Licenses.’’ To meet the requirements of

§150.20, a licensee must submit an NRC

Form 241 at least 3 days before engaging

in the activities (subject to some

exceptions as noted in §150.20). If an

Agreement State licensee does not

qualify for a general license under

§150.20, the licensee must apply for and

obtain a specific license to work in areas

of NRC jurisdiction.

Need for Regulatory Action

The NRC believes that there are

several problems with the current

regulations in §150.20 that necessitated

this rulemaking action. First, the current

regulation does not include provisions

to allow Agreement State licensees to

qualify for an NRC general license when

operating in areas of exclusive Federal

jurisdiction within Agreement States.

Second, there has been some confusion

regarding the NRC regulations

applicable to Agreement State licensees

operating in areas of NRC jurisdiction

pursuant to §150.20. Third, §150.20

does not reference the appropriate fee

requirements applicable to Agreement

State licensees who file an NRC Form

241, ‘‘Report of Proposed Activities in

Non-Agreement States.’’ Finally, there

has been some confusion regarding the

filing procedures for this form.

Comments on the Proposed Rule

The Commission received one letter

commenting on the proposed rule. A

copy of the letter is available for public

inspection and copying for a fee at the

Commission’s Public Document Room,

located at 2120 L Street, NW (Lower

Level), Washington, DC.

Comment. The commenter indicated

that NRC’s overall system of reciprocity

is flawed because state regulatory

agencies do not have meaningful

investigatory or enforcement powers to

regulate licensees operating under

reciprocity. In addition, the commenter

believes that the current reciprocity

system reduces the participation of

citizens in the regulatory process

because the regulatory agency in this

commenter’s state does not, in the

commenter’s view, exert adequate

regulatory authority over licensees

operating under reciprocity.

The commenter also had several

specific objections to the proposed rule.

The commenter indicated that this

rulemaking will reduce recordkeeping

requirements because of certain

language changes proposed regarding

recordkeeping at the licensee’s

Agreement State office. In addition, the

commenter believes that the rule will

remove a variety of requirements

including existing fee requirements, the

existing 3-day advance deadline for

filing with the Commission, and

existing reporting and compliance

requirements applicable to

radiographers. Finally, the commenter

believes that the rulemaking

inappropriately broadens the authority

of NRC Regional Administrators to

grant, by telephone, a waiver of the 3-

day filing requirement before starting

work under the general license.

Response. The NRC has full

enforcement and inspection authority to

regulate the activities of Agreement

State licensees operating under

reciprocity in areas of NRC jurisdiction.

Agreement State licensees operating

under reciprocity must comply with all

of NRC’s regulatory requirements. As

such, the Commission believes that an

appropriate avenue for citizen access in

addressing issues of reciprocity is the

NRC itself. If an individual has safety

concerns about the conduct of a licensee

operating under reciprocity, that

individual should contact NRC and

their concerns will be addressed

through NRC’s allegation review

process.

Contrary to the commenter’s claims

that this rulemaking involves more than

a clarification, it is noted that the

proposed rule either codifies current

NRC regulatory practice (with respect to

reciprocity in areas of exclusive Federal

jurisdiction) or clarifies existing

requirements applicable to licensees

operating under reciprocity in areas of

NRC jurisdiction. While this rulemaking

may facilitate increased use of this

general license provision, the

Commission does not view this as a

concern given the full regulatory power

that NRC has over these licensees with

respect to activities conducted under

reciprocity.