Federal Register / Vol. 86, No. 180 / Tuesday, September 21, 2021 / Rules and Regulations 52397 

a marriage license or other legal 

documentation verifying marriage). 

(3) Prior to appointment, the spouse 

of a member of the armed forces as 

defined in paragraph (b)(4)(iii) of this 

section must submit to the employing 

agency copies of: 

(i) Documentation showing the 

member was released or discharged 

from active duty due to his or her death 

while on active duty; 

(ii) Documentation verifying the 

member of the armed forces was killed 

while serving on active duty; 

(iii) Documentation verifying the 

widow or widower’s marriage to the 

member of the armed forces (i.e., a 

marriage license or other legal 

documentation verifying marriage); and 

(iv) A statement certifying that the 

individual seeking to use the authority 

is the un-remarried widow or widower 

of the service member. 

* * * * * 

(h) Agency reporting requirements. (1) 

As required by Executive Order 13832, 

each agency shall report annually (by 

December 31st of each year) to OPM and 

the Department of Labor on: 

(i) The number of positions made 

available under the military spouse 

hiring authority; 

(ii) The number of applications 

submitted under the military spouse 

hiring authority; 

(iii) The number of military spouses 

appointed under the military spouse 

hiring authority during the preceding 

fiscal year; and 

(iv) Actions taken to advertise the 

military spouse hiring authority, and 

any other actions taken to promote the 

hiring of military spouses. 

(2) As required by section 573(d) of 

Public Law 115–232, each agency shall 

report annually until August 13, 2023, 

and separate from the report required in 

paragraph (h)(1) of this section on the 

following: 

(i) The number of relocating and nonrelocating spouses of current military 

members appointed under this 

authority; 

(ii) The types of positions filled (by 

title, series, and grade level); and 

(iii) The effectiveness of this hiring 

authority. 

(3) Agencies should send their reports 

electronically to OPM’s Employee 

Services, VETS Office at 

militaryspouse@opm.gov. 

(4) Agencies are also required to send 

their reports separately and directly to 

Department of Labor (DOL) at 

milspouse@dol.gov. 

[FR Doc. 2021–20308 Filed 9–20–21; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1205 

[Doc. No. AMS–CN–20–0097A] 

Cotton Research and Promotion 

Program: Procedures for Conduct of 

Sign-Up Period 

AGENCY: Agricultural Marketing Service 

(AMS), Department of Agriculture 

(USDA). 

ACTION: Direct final rule. 

SUMMARY: This direct final rule reopens 

the voting period and amends rules and 

regulations regarding dates for a sign-up 

period for eligible cotton producers and 

importers to request a continuance 

referendum on the 1991 amendments to 

the Cotton Research and Promotion 

Order (Order) provided for in the Cotton 

Research and Promotion Act (Act) 

amendments of 1990. 

DATES: This direct rule is effective 

October 18, 2021, without further action 

or notice, unless significant adverse 

comment is received by October 6, 2021. 

If significant adverse comment is 

received, AMS will publish a timely 

withdrawal of the amendment in the 

Federal Register. 

ADDRESSES: Written comments may be 

submitted to the addresses specified 

below. All comments will be made 

available to the public. Please do not 

include personally identifiable 

information (such as name, address, or 

other contact information) or 

confidential business information that 

you do not want publicly disclosed. All 

comments may be posted on the internet 

and can be retrieved by most internet 

search engines. Comments may be 

submitted anonymously. 

Comments, identified by AMS–CN– 

20–0097A, may be submitted 

electronically through the Federal 

eRulemaking Portal at http://

www.regulations.gov. Please follow 

instructions for submitting comments. 

In addition, comments may be 

submitted by mail or hand delivery to 

Cotton Research and Promotion, Cotton 

and Tobacco Program, AMS, USDA, 100 

Riverside Parkway, Suite 101, 

Fredericksburg, Virginia 22406. 

Comments should be submitted in 

triplicate. All comments received will 

be made available for public inspection 

at Cotton and Tobacco Program, AMS, 

USDA, 100 Riverside Parkway, Suite 

101, Fredericksburg, Virginia 22406. A 

copy of this document may be found at: 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Shethir M. Riva, Director, Research and 

Promotion, Cotton and Tobacco 

Program, AMS, USDA, 100 Riverside 

Parkway, Suite 101, Fredericksburg, 

Virginia 22406; telephone (540) 361– 

2726, facsimile (540) 361–1199, or email 

at CottonRP@usda.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The Cotton Research and Promotion 

Order (7 CFR part 1205) was amended 

in 1991, following a referendum that 

July. These amendments provided for: 

(1) Importer representation on the 

Cotton Board by an appropriate number 

of persons, to be determined by USDA, 

who import cotton or cotton products 

into the U.S. and who USDA selects 

from nominations submitted by 

importer organizations certified by 

USDA; (2) assessments levied on 

imported cotton and cotton products at 

a rate determined in the same manner 

as for U.S. cotton; (3) increased amount 

USDA can be reimbursed for conducting 

a referendum from $200,000 to 

$300,000; (4) reimbursement of 

government agencies that assist in 

administering the collection of 

assessments on imported cotton and 

cotton products; and (5) termination of 

producers’ right to demand a refund of 

assessments. 

On December 18, 2020, USDA issued 

a determination based on its review (85 

FR 82426) not to conduct a referendum 

regarding the 1991 amendments to the 

Order; however, the Act provides that 

USDA shall nevertheless conduct a 

referendum at the request of 10 percent 

or more of the total number of eligible 

producers and importers that voted in 

the most recent referendum. 

Furthermore, the Act provides for a 

sign-up period during which eligible 

cotton producers and importers may 

request that USDA conduct a 

referendum on continuation of the 1991 

amendments to the Order. 

Pursuant to section 8(c) of the Act, 

USDA provided all eligible Upland 

cotton producers and importers of 

cotton and cotton-containing products 

an opportunity to sign up and request a 

continuance referendum regarding the 

1991 amendments to the Order from 

June 21, 2021, until July 2, 2021 (86 FR 

20255). During the counting and 

verification of sign-up requests, the 

AMS learned that the United States 

Postal Service (USPS) erroneously 

closed the Post Office Box AMS used to 

receive sign-up requests, and USPS 

returned mail contained within the box. 

Given this error by the USPS and not 

knowing how many pieces of mail were 

contained in the box, the AMS 

determined it is necessary to reopen the 

sign-up period to allow for any eligible 


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52398 Federal Register / Vol. 86, No. 180 / Tuesday, September 21, 2021 / Rules and Regulations 

importers and producers to submit a 

request in the event any sign-ups 

submitted during the original sign-up 

were not received by AMS. Sign-up 

requests from both sign-up periods will 

be considered. 

Section 8(c)(2) of the Act provides 

that if USDA determines, based on 

results of the sign-up, that 10 percent 

(i.e., 4,622) or more of the total number 

of eligible producers and importers that 

voted in the most recent 1991 

referendum request a continuance 

referendum on the 1991 amendments, 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 requests, AMS Cotton 

and Tobacco Program would determine 

the total number of valid requests from 

all cotton-producing states and from 

importers. Not 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 USDA determines that 10 

percent or more of the number of 

producers and importers who voted in 

the most recent referendum favor a 

continuance referendum, a referendum 

will be held. 

This direct final rule amends dates to 

conduct of the current sign-up period. 

In §§ 1205.27, 1205.28, and 1205.29 

sign-up period dates and Farm Service 

Agency (FSA) reporting dates have been 

updated. 

A 15-day comment period is 

determined to be appropriate because 

these eligibility and participation 

requirements are substantially the same 

as the eligibility and participation 

requirements that were used in previous 

referenda and sign-up periods; 

participation is voluntary; and this rule, 

if adopted, should be made effective as 

soon as possible in order to conduct the 

sign-up at the earliest possible dates. 

B. Regulatory Analyses 

Executive Order 13175 

This action has been reviewed in 

accordance with requirements of 

Executive Order 13175, Consultation 

and Coordination with Indian Tribal 

Governments. The review reveals that 

this regulation would not have 

substantial and direct effects on Tribal 

governments and would not have 

significant Tribal implications. 

Executive Orders 12866 and 13563 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health, and safety 

effects; distributive impacts; and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. This action falls 

within a category of regulatory actions 

that the Office of Management and 

Budget (OMB) exempted from Executive 

Order 12866 review. 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. It is not intended to have 

retroactive effect. 

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 

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 the Secretary’s ruling. 

Regulatory Flexibility Act and 

Paperwork Reduction Act 

In accordance with the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601– 

612), AMS has examined the economic 

impact of this rule on small entities. The 

purpose of the RFA is to fit regulatory 

actions to the scale of businesses subject 

to such action so that small businesses 

will not be unduly or disproportionately 

burdened. The Small Business 

Administration (SBA) defines, in 13 

CFR 121.201, small agricultural 

producers as those having annual 

receipts of no more than $1,000,000, 

and small ‘‘Other Farm Product Raw 

Material Merchant Wholesalers’’ (cotton 

merchants/importers) as having no more 

than 100 employees. The Cotton Board 

estimates 12,000 producers and 40,000 

importers are subject to the rules and 

regulations issued pursuant to the 

Cotton Research and Promotion Order. 

According to the United States Census 

Bureau’s ‘‘2016 Survey of SUSB Annual 

Data Tables by Establishment Industry,’’ 

most importers are considered small 

entities as defined by the SBA. The 

majority of these producers and 

importers are small businesses under 

the criteria established by the SBA. 

There are no Federal rules that 

duplicate, overlap, or conflict with this 

rule. 

This rule is voluntary and only affects 

producers and importers wishing to 

participate in the sign-up under the 

Cotton Research and Promotion Order. 

Only those eligible persons who are in 

favor of conducting a referendum would 

need to participate in the sign-up 

period. Of the 46,220 total 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 provides those 

persons who are not in favor of the 

continuance of the Order amendments 

an opportunity to request a continuance 

referendum. 

The eligibility and participation 

requirements for producers and 

importers are substantially the same as 

the rules that established the eligibility 

and participation requirements for 

previous sign-up periods. Amendments 

in this action update dates to reopen the 

sign-up. 

Sign-up procedures do 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. Information collection 

requirements under the Paperwork 

Reduction Act are minimal. 

Paperwork Reduction Act 

Information collections in this rule 

will be carried out under the OMB 

Control Number 0581–0093. This rule 

does not add to the overall burden 

currently approved by OMB and 

assigned OMB Control Number 0581– 

0093 under provisions of the Paperwork 

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

Chapter 35). This OMB Control Number 

is referenced in § 1205.541 of the 

regulations. 

A 15-day comment period is provided 

to comment on date changes to the 

Cotton Board Rules and Regulations 

herein. 

List of Subjects in 7 CFR Part 1205 

Advertising, Agricultural research, 

Cotton, Marketing agreements, 

Reporting and recordkeeping 

requirements. 


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Federal Register / Vol. 86, No. 180 / Tuesday, September 21, 2021 / Rules and Regulations 52399 

For reasons stated in the preamble, 

AMS amends 7 CFR part 1205 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; 7 U.S.C 

7401. 

■ 2. Section 1205.27 is revised to read 

as follows: 

§ 1205.27 Participation in the sign-up 

period. 

The sign-up period will be from June 

21, 2021, until July 2, 2021, and October 

18, 2021, until October 29, 2021. Those 

persons who favor the conduct of a 

continuance referendum and who wish 

to request that Department of 

Agriculture (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 

October 29, 2021. 

(a) Before the sign-up period begins, 

FSA shall establish a list of known, 

eligible, Upland cotton producers in the 

county that it serves during the 

representative period, and AMS shall 

also establish a list of known, eligible 

Upland cotton importers. 

(b) Before the start of the sign-up 

period, Agricultural Marketing Service 

(AMS) will post sign-up information, 

including sign-up forms, on its website: 

http://www.ams.usda.gov/Cotton. 

Importers who favor the conduct of a 

continuance referendum can download 

a form from the website, or request a 

sign-up form by contacting CottonRP@

usda.gov or (540) 361–2726 and one will 

be provided to them. Importers 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 and Border 

Protection form 7501 showing payment 

of a cotton assessment for calendar year 

2020. The USDA, AMS, Cotton and 

Tobacco Program, Attention: Cotton 

Sign-Up, P.O. Box 23181, Washington, 

DC 20077–8249 shall be considered the 

polling place for all cotton importers. 

All requests and supporting documents 

must be received by October 29, 2021. 

(c) Each person on the county FSA 

office lists may participate in the signup period. Eligible producers must date 

and sign their name on the ‘‘County 

FSA Office Sign-up Sheet.’’ A person 

whose name does not appear on the 

county FSA office list may participate in 

the sign-up period. Such person must be 

identified on FSA–578 during the 

representative period or provide 

documentation that demonstrates that 

the person was a cotton producer during 

the representative period. Cotton 

producers not listed on the FSA–578 

shall submit at least one sales receipt for 

cotton they planted during the 

representative period. Cotton producers 

must make requests to the county FSA 

office where the producer’s farm is 

located. If the producer’s land is in more 

than one county, the producer shall 

make request at the county office where 

FSA administratively maintains and 

processes the producer’s farm records. It 

is the responsibility of the person to 

provide the information needed by the 

county FSA office to determine 

eligibility. It is not the responsibility of 

the county FSA office to obtain this 

information. If any person whose name 

does not appear on the county FSA 

office list fails to provide at least one 

sales receipt for the cotton they 

produced during the representative 

period, the county FSA office shall 

determine that such person is ineligible 

to participate in the sign-up period, and 

shall note ‘‘ineligible’’ in the remarks 

section next to the person’s name on the 

county FSA office sign-up sheet. In lieu 

of personally appearing at a county FSA 

office, eligible producers may request a 

sign-up form from the county FSA office 

where the producer’s farm is located. If 

the producer’s land is in more than one 

county, the producer shall make the 

request for the sign-up form at the 

county office where FSA 

administratively maintains and 

processes the producer’s farm records. 

Such request must be accompanied by 

a copy of at least one sales receipt for 

cotton they produced during the 

representative period. The appropriate 

FSA office must receive all completed 

forms and supporting documentation by 

October 29, 2021. 

■ 3. In § 1205.28, the first sentence is 

revised to read as follows: 

§ 1205.28 Counting. 

County FSA offices and FSA, Deputy 

Administrator for Field Operations 

(DAFO), shall begin counting requests 

no later than October 29, 2021. * * 

■ 4. Section 1205.29 is revised to read 

as follows: 

§ 1205.29 Reporting results. 

(a) Each county FSA office shall 

prepare and transmit to the state FSA 

office, by November 5, 2021, 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) DAFO shall prepare, by November 

5, 2021, 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 

November 5, 2021, forward all county 

reports to DAFO. By November 12, 

2021, DAFO shall forward its report of 

the total number of eligible producers 

and importers that requested a 

continuance referendum, through the 

sign-up period, to the Deputy 

Administrator, Cotton and Tobacco 

Program, Agricultural Marketing 

Service, USDA, 100 Riverside Parkway, 

Suite 101, Fredericksburg, Virginia 

22406. 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2021–20061 Filed 9–20–21; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 950 

[Docket No. 210909–0180] 

RIN 0648–BK67 

Schedule of Fees for Access to NOAA 

Environmental Data, Information, and 

Related Products and Services 

AGENCY: National Environmental 

Satellite, Data and Information Service 

(NESDIS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce. 

ACTION: Final rule. 

SUMMARY: In this final rule, NESDIS 

establishes a new schedule of fees for 

special access to NOAA data, 

information, and related products and 

services. NOAA continues to make its 

environmental data available to the 

public without any fee in most 

instances, primarily via NOAA’s 

Comprehensive Large Array-Data 

Stewardship System (CLASS). NESDIS 

is revising the fee schedule that has 

been in effect since 2019 to ensure that 

the fees accurately reflect the costs of 

providing access to the environmental 

data, information, and related products 

and services. NESDIS is authorized to 

assess fees, up to fair market value, 

depending upon the user and intended 

use, for access to environmental data, 

information, and products derived from, 

collected, and/or archived by NOAA. 

DATES: This rule is effective October 21, 

2021. 

FOR FURTHER INFORMATION CONTACT: 

Kelli Walters (202) 650–1129. 


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