Notice2021-27577
Determination for Conducting a Continuance Referendum Regarding Amendments to the Cotton Research and Promotion Act
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Published
December 21, 2021
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
This notice announces the U.S. Department of Agriculture's (USDA) determination not to conduct a continuance referendum regarding the 1991 amendments to the Cotton Research and Promotion Order provided for in the Cotton Research and Promotion Act amendments of 1990. This determination is based on the results of a sign-up period conducted June 21, 2021, through July 2, 2021, and October 18, 2021, through October 29, 2021, during which eligible cotton producers and importers were provided an opportunity to request a continuance referendum.
Full Text
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<title>Federal Register, Volume 86 Issue 242 (Tuesday, December 21, 2021)</title>
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[Federal Register Volume 86, Number 242 (Tuesday, December 21, 2021)]
[Notices]
[Pages 72203-72204]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27577]
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Notices
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or proposed rules that are applicable to the public. Notices of hearings
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Federal Register / Vol. 86, No. 242 / Tuesday, December 21, 2021 /
Notices
[[Page 72203]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Docket No. AMS-CN-21-0059]
Determination for Conducting a Continuance Referendum Regarding
Amendments to the Cotton Research and Promotion Act
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice.
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SUMMARY: This notice announces the U.S. Department of Agriculture's
(USDA) determination not to conduct a continuance referendum regarding
the 1991 amendments to the Cotton Research and Promotion Order provided
for in the Cotton Research and Promotion Act amendments of 1990. This
determination is based on the results of a sign-up period conducted
June 21, 2021, through July 2, 2021, and October 18, 2021, through
October 29, 2021, during which eligible cotton producers and importers
were provided an opportunity to request a continuance referendum.
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, Email at <a href="/cdn-cgi/l/email-protection#98dbf7ececf7f6cac8d8edebfcf9b6fff7ee"><span class="__cf_email__" data-cfemail="5e1d312a2a31300c0e1e2b2d3a3f70393128">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The 1991 amendments to the Cotton Research
and Promotion Order (Order) (7 CFR part 1205) were implemented
following the July 1991 referendum. The amendments were provided for in
the 1990 amendments to the Cotton Research and Promotion Act (Act) (7
U.S.C. 2101-2118). 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 whom 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) increasing the amount USDA 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 December 18, 2020, USDA issued a determination based on its
review not to conduct a referendum regarding the 1991 amendments to the
Order (85 FR 82426); 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.
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, AMS believed it was necessary to reopen the sign-
up period to allow for any eligible importers and producers to submit a
request in the event any sign-ups submitted during the original sign-up
were not received by AMS.
On September 21, 2021, USDA issued a direct final rule indicating
that the sign-up period would be reopened October 18, 2021 through
October 29, 2021. (86 FR 52397).
During the period of June 21, 2021, through July 2, 2021, and
October 18, 2021, through October 29, 2021, USDA provided an
opportunity for eligible cotton producers and importers to request a
continuance referendum regarding the 1991 amendments to the Order
provided for in the Act. Sign-up requests from both sign-up periods
were considered.
Sign-up period results showed that USDA received 3 valid requests
from eligible producers and importers. The following table depicts the
number of requests for a continuance referendum.
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Total sign-up
Farm service agency state office requests
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Alabama................................................. 0
Arizona................................................. 0
Arkansas................................................ 0
California.............................................. 0
Florida................................................. 0
Georgia................................................. 0
Illinois................................................ 0
Kansas.................................................. 0
Kentucky................................................ 0
Louisiana............................................... 0
Mississippi............................................. 0
Missouri................................................ 0
Nevada.................................................. 0
New Mexico.............................................. 0
North Carolina.......................................... 2
Oklahoma................................................ 0
South Carolina.......................................... 0
Tennessee............................................... 0
Texas................................................... 0
Virginia................................................ 0
Importers............................................... 1
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Total............................................... 3
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Section 8(c)(2) of the Act, provides that following a sign-up
period, USDA shall conduct a referendum upon the request of 10 percent
or more of the number of cotton producers and importers voting in the
most recent referendum (1991). This would require 10 percent or 4,622
(46,220 x .10 = 4,622) of the 46,220 valid ballots cast by cotton
producers and importers in the July 1991 referendum. It is further
provided that, in counting such request not more than 20 percent may be
from producers from any one state or importers of cotton.
The results of this sign-up period did not meet the criteria as
established by the Act for a continuance referendum, and, therefore, a
referendum will not be conducted. USDA bases this determination on the
fact that the three valid requests received during the sign-up period
is less than the 4,622 required.
With this announcement of the results of the sign-up period, USDA
has completed all requirements set forth in Section 8(c)(1) and (2) of
the Act regarding the review of the Cotton Research and Promotion
Program to
[[Page 72204]]
determine if a continuance referendum is warranted. A referendum will
not be conducted, and no further actions are planned in connection with
this review.
(Authority: 7 U.S.C. 2101-2118.)
Melissa Bailey,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2021-27577 Filed 12-20-21; 8:45 am]
BILLING CODE 3410-02-P
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