[Federal Register: February 9, 2004 (Volume 69, Number 26)]
[Proposed Rules]
[Page 5936]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09fe04-17]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1205
[Doc. No. CN-03-003]
Cotton Research and Promotion Program: Section 610 Review
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Confirmation of regulations.
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SUMMARY: This document summarizes the results of an Agricultural
Marketing Service (AMS) review of the Cotton Research and Promotion
Program under the criteria contained in section 610 of the Regulatory
Flexibility Act (RFA). Based upon its review, AMS has determined that
the Cotton Research and Promotion Order should be continued without
change.
ADDRESSES: Interested persons may obtain a copy of the review. Requests
for copies should be sent to Whitney Rick, Chief, Research and
Promotion Staff, USDA, AMS, Cotton Program, 14th and Independence
Avenue, SW., Stop 0224, Washington, DC 20250-0224; Fax (202) 690-1718;
or e-mail whitney.rick@usda.gov.
FOR FURTHER INFORMATION CONTACT: Whitney Rick, Chief, Research and
Promotion Staff, USDA, AMS, Cotton Program, 14th and Independence
Avenue, SW., Stop 0224, Washington, DC 20250-0224; Fax (202) 690-1718;
or e-mail whitney.rick@usda.gov.
SUPPLEMENTARY INFORMATION: The Cotton Research and Promotion Act of
1966 (7 U.S.C. 2101 et seq.) 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 later amended and a
supplemental assessment initiated, not to exceed one percent of the
value of each bale, effective January 28, 1977. The current assessment
is $1 per bale plus five-tenths of one percent of the value of the
bales and is collected on every bale of cotton harvested and ginned in
the U.S. and on imported raw cotton and on the non-U.S. cotton content
of imported textile and apparel products.
AMS published in the Federal Register (64 FR 8014) its plan to
review certain regulations, including the Cotton Research and Promotion
Order, under the criteria contained in section 610 of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601-612). An updated plan was published
in the Federal Register on August 14, 2003 (68 FR 48573).
AMS published a notice for review and request for written comments
on the Order in the August 26, 2003, issue of the Federal Register (68
FR 51202). No comments were received.
The review was undertaken to determine whether the Order should be
continued without change, amended, or rescinded (consistent with the
objectives of the Act) to minimize the impacts on small entities. In
conducting this review, AMS considered the following factors: (1) The
continued need for the Order; (2) the nature of complaints or comments
received from the public concerning the Order; (3) the complexity of
the Order; (4) the extent to which the Order overlaps, duplicates, or
conflicts with other Federal rules, and, to the extent feasible, with
State and local governmental rules; and (5) the length of time since
the Order has been evaluated or the degree to which technology,
economic conditions, or other factors have changed in the area affected
by the Order.
Currently, there are approximately 21,000 producers, 300 first
handlers, and 12,000 importers covered under the Order. AMS provides
Federal oversight of the cotton research and promotion program. The
Order is not unduly complex, and AMS has not identified regulations
that duplicate, overlap, or conflict with the Order. Over the years,
regulation changes have been made to address industry operation changes
and to improve program administration. The goal of these evaluations is
to assure that the Order and the regulations implemented under it fit
the needs of the industry and are consistent with the Act. With the
exception of challenges concerning the constitutionality of assessments
used for generic advertising under the Order, which the Department is
currently defending, AMS has not received complaints about the Order.
Based upon the review, AMS has determined that the Order should be
continued without change. AMS plans to continue working with the cotton
industry in maintaining an effective program.
Dated: February 3, 2004.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 04-2697 Filed 2-6-04; 8:45 am]
BILLING CODE 3410-02-P