Unknown. Final rule
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/register/2007/09/06/07-4312A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2007-09-06.xml --- 72 172 Thursday, September 6, 2007 Contents Agricultural Agricultural Marketing Service RULES Cotton research and promotion order: Sign-up period; conduct procedures, 51159-51161 07-4312 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service See Natural Resources Conservation Service Centers Centers for Medicare & Medicaid Services NOTICES Grant and cooperative agreement awards:
Louisiana, 51230-51231 E7-17560 Coast Guard Coast Guard RULES Drawbridge operations: Connecticut, 51179-51180 E7-17567 NOTICES Meetings: Merchant Marine Personnel Advisory Committee, 51235-51236 E7-17568 National Maritime Security Advisory Committee, 51236 07-4354 Commerce Commerce Department See Industry and Security Bureau See National Oceanic and Atmospheric Administration Commodity Commodity Futures Trading Commission NOTICES Meetings; Sunshine Act, 51214-51215 07-4379 Defense Defense Acquisition Regulations System RULES Acquisition regulations:
Air Force and Navy contracting activities; list update, 51187-51188 E7-17430 Architect-engineer services/military family housing contracts; Congressional notification, 51191 E7-17427 Emergency acquisitions, 51187 E7-17432 Major weapon systems; acquisition as commercial items; limitations, 51189 E7-17428 Non-commercial time-and-materials and labor-hour contracts; labor reimbursement, 51189-51191 E7-17423 Security-guard functions, 51192-51193 E7-17436 Services contracts; limitation, 51193 E7-17425 Taxpayer identification numbers, 51194 E7-17433 Technical data rights, 51188-51189 E7-17422 PROPOSED RULES Acquisition regulations:
Contractors and subcontractors using members of selected reserve; evaluation factor, 51209-51211 E7-17424 Defense Defense Department See Defense Acquisition Regulations System RULES Federal Acquisition Regulation (FAR): Federal Funding Accountability and Transparency Act; reporting requirement of subcontract award data (Circular 2005-20), 51306 07-4338 Small Entity Compliance Guide, 51310-51311 07-4337 Subcontractor award data; reporting requirements, 51306-51310 07-4336 NOTICES Privacy Act; systems of records, 51215-51217 07-4342 07-4343 Delaware Delaware River Basin Commission NOTICES Meetings and hearings, 51217-51219 E7-17611 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Pesticide programs:
Tolerance reassessment decisions— Dimethyl ammonium chloride, 51180-51187 E7-17634 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Connecticut, 51204-51208 E7-17535 NOTICES Agency information collection activities; proposals, submissions, and approvals, 51223-51225 E7-17621 Air pollution control: Citizen suits; proposed settlements— Sierra Club, 51225-51226 E7-17637 Superfund; response and remedial actions, proposed settlements, etc.:
Somers Plating Site, CT, 51226 E7-17636 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Airworthiness directives: Airbus, 51164-51167 E7-17385 Avions Marcel Dassault-Breguet, 51161-51164 E7-17288 Piaggio Aero Industries S.p.A., 51167-51169 E7-17304 Standard instrument approach procedures, 51169-51173 E7-17345 E7-17359 PROPOSED RULES Airworthiness directives: Boeing, 51201-51203 E7-17586 Airworthiness standards:
Aircraft engine standards for pressurized engine static parts, 51314-51317 E7-17626 Class D and E airspace, 51203-51204 07-4330 NOTICES Aeronautical land-use assurance; waivers: Oceano Airport, CA; property release, 51290-51291 07-4325 Air noise compatability program: Rickenbacker International Airport, OH, 51291-51292 07-4322 FCC Federal Communications Commission PROPOSED RULES Radio stations; table of assignments: Colorado, 51208 E7-17438 Nebraska, 51208-51209 E7-17446 NOTICES Agency information collection activities; proposals, submissions, and approvals, 51226-51227 E7-17608 Federal Emergency Federal Emergency Management Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 51236-51237 E7-17623 Disaster and emergency areas:
Minnesota, 51237 E7-17622 Ohio, 51237-51238 E7-17604 Wisconsin, 51238 E7-17605 Federal Energy Federal Energy Regulatory Commission NOTICES Complaints filed: Wabash Valley Power Association, Inc., 51222-51223 E7-17546 Meetings: Preventing Undue Discrimination and Preference in Transmission Service; technical conferences, 51223 E7-17551 *Applications, hearings, determinations, etc.:* BP West Coast Products LLC, 51219-51220 E7-17552 CenterPoint Energy Gas Transmission Co., 51220 E7-17547 Chestnut Ridge Storage LLC, 51220-51221 E7-17556 Pacific Gas and Electric Co., 51221-51222 E7-17554 Sharyland Utilities, L.P, 51222 E7-17553 Southern California Edison Co., 51222 E7-17555 Federal Highway Federal Highway Administration NOTICES Reports and guidance documents; availability, etc.:
New bridge construction and bridge rehabilitation projects; construction materials used; annual report, 51292-51293 E7-17629 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 51227 E7-17632 Ocean transportation intermediary licenses: B.C. International Trading, Inc., 51227 E7-17615 ORO Cargo Express Corp. et al., 51227-51228 E7-17613 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards: Controlled substances and alcohol testing regulations; exemption applications— Smith & Solomon Driver Training, 51293-51295 E7-17550 Federal Railroad Federal Railroad Administration RULES Railroad safety:
Laws and regulations violation; civil monetary penalty; inflation adjustment, 51194-51199 E7-17170 Federal Reserve Federal Reserve System NOTICES Agency information collection activities; proposals, submissions, and approvals, 51228-51229 E7-17565 Banks and bank holding companies: Formations, acquisitions, and mergers, 51229 E7-17579 Federal Transit Federal Transit Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 51295 E7-17549 Reports and guidance documents; availability, etc.:
National Transit Database; Urbanized Area Annual Reporting Manual; amendments, 51295-51297 E7-17564 Fish Fish and Wildlife Service NOTICES Endangered and threatened species: Incidental take permits— Lake County, FL; sand skink, 51241-51242 E7-17598 Recovery plans— Copperbelly water snake, 51242-51243 E7-17582 Environmental statements; availability, etc.: Shorecliffs mobile home neighborhood, CA; low effect habitat conservation plan, 51243-51244 E7-17592 Survival enhancement permits— Utah;
Utah prairie dog; habitat restoration; safe harbor agreement, 51244-51245 E7-17590 Environmental statements; notice of intent: San Pablo Bay National Wildlife Refuge, CA; Cullinan Ranch Unit tidal restoration, 51245-51247 E7-17587 Santa Clara Valley, Santa Clara County, CA; habitat conservation plan, 51247-51248 E7-17588 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 51231-51232 E7-17562 Human Drugs: Drug products not withdrawn from sale for reasons other than safety or effectiveness— MILTOWN (meprobamate) tablets, etc., 51232-51233 E7-17566 Forest Forest Service NOTICES Meetings:
Resource Advisory Committees— Madera County, 51212 07-4346 Southwest Idaho, 51212 07-4345 Recreation fee areas: Rogue River - Siskiyou National Forest, OR; day fee, seasonal pass, and overnight use of campground, 51212-51213 07-4344 GSA General Services Administration RULES Federal Acquisition Regulation (FAR): Federal Funding Accountability and Transparency Act; reporting requirement of subcontract award data (Circular 2005-20), 51306 07-4338 Small Entity Compliance Guide, 51310-51311 07-4337 Subcontractor award data; reporting requirements, 51306-51310 07-4336 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See Substance Abuse and Mental Health Services Administration NOTICES Special Exposure Cohort; employee class designations:
Energy Department, Rocky Flats Plant, CO, 51229-51230 E7-17617 E7-17618 E7-17620 Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 51233-51234 E7-17577 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 51234-51235 E7-17570 Housing Housing and Urban Development Department NOTICES Privacy Act; computer matching programs; correction, 51239-51241 E7-17589 Industry Industry and Security Bureau NOTICES Export administration regulations:
Commerce Control List— Systematic review; public comments, 51213-51214 E7-17639 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service Labor Labor Department See Mine Safety and Health Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Environmental statements; availability, etc.: Newmont Mining Corporation's Leeville Project, NV, 51248-51249 07-4340 Newmont Mining Corporation's South Operations Area Project Amendment, NV, 51249 07-4339 Meetings:
California Desert Advisory Council, 51249-51250 E7-17580 Resource management plans, etc.: Clear Creek Management Area, CA, 51250-51251 E7-17599 Mine Mine Safety and Health Administration PROPOSED RULES Coal mine safety and health: Underground mines— Rescue teams; revision of existing standards for training, certification, etc., 51320-51347 07-4317 07-4318 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulation (FAR): Federal Funding Accountability and Transparency Act; reporting requirement of subcontract award data (Circular 2005-20), 51306 07-4338 Small Entity Compliance Guide, 51310-51311 07-4337 Subcontractor award data; reporting requirements, 51306-51310 07-4336 NOAA National Oceanic and Atmospheric Administration NOTICES Senior Executive Service Performance Review Board; membership, 51214 07-4347 National Park National Park Service NOTICES Environmental statements; availability, etc.:
Harpers Ferry National Historical Park, WV, MD, and VA, 51251-51252 E7-17595 Monocacy National Battlefield, MD, 51252-51253 E7-17594 Environmental statements; notice of intent: National Mall and Memorial Parks, Washington, DC, 51253 E7-17593 NRCS Natural Resources Conservation Service NOTICES Field office technical guides; changes: Virginia, 51213 E7-17624 Nuclear Nuclear Regulatory Commission NOTICES Reports and guidance documents; availability, etc.: Generic Aging Lesson Learned Report Aging Management Program; electrical cable connections not subject to environmental qualification requirements, 51256-51259 E7-17616 Startup Test Activity Reduction Program; moderator temperature coefficient surveilance; model safety evaluation and model license amendment request, 51259-51264 E7-17601 *Applications, hearings, determinations, etc.:* Amergen Energy Co., LLC, 51255 E7-17600 PSEG Nuclear LLC, 51255-51256 E7-17606 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 51253-51255 E7-17569 Office of U.S.
Trade Office of United States Trade Representative See Trade Representative, Office of United States Personnel Personnel Management Office PROPOSED RULES Allowances and differentials: Cost-of-living allowances (nonforeign areas)— Puerto Rico and Hawaii; rate changes, 51200-51201 E7-17638 NOTICES Meetings: Federal Prevailing Rate Advisory Committee, 51270 E7-17641 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Pipeline safety: Advisory bulletins— Mobile acetylene trailers; use, operation, fabrication, etc., 51297-51301 07-4355 Pipeline safety:
Advisory bulletins— Older plastic pipe; premature brittle-like cracking susceptibility, 51301-51303 07-4309 Reports and guidance documents; availability, etc.: Hazardous liquid pipelines; internal corrosion risks; materials and data availability, 51303 E7-17538 Presidential Presidential Documents ADMINISTRATIVE ORDERS Afghanistan; assignment of function concerning assistance (Presidential Determination) No. 2007-29 of August 27, 2007, 51349-51351 07-4374 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 51270-51274 E7-17574 E7-17575 E7-17576 E7-17583 E7-17584 E7-17585 Investment Company Act of 1940:
Minnesota Life Insurance Co., et al, 51274-51281 E7-17573 Meetings; Sunshine Act, 51281 E7-17640 E7-17672 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 51281-51283 E7-17544 Chicago Board Options Exchange, Inc., 51283-51285 E7-17572 New York Stock Exchange LLC, 51285-51288 E7-17543 E7-17545 Social Social Security Administration RULES Social security benefits and supplemental security income: Federal old age, survivors, and disability insurance and aged, blind, and disabled— Quick disability determination process, 51173-51179 E7-17533 State State Department NOTICES Culturally significant objects imported for exhibition:
Impressionists by the Sea, 51288-51289 E7-17612 Lessons from Bernard Rudofsky, 51289 E7-17610 Meetings: U.S. National Commission for UNESCO, 51289 E7-17609 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 51234 E7-17581 Trade Trade Representative, Office of United States NOTICES Generalized System of Preferences: 2007 annual product and country practices reviews and previously-deferred country practice decisions, 51264-51266 E7-17614 Intellectual property rights protection; actions, reviews, country identification, etc.:
Various countries, 51266-51267 07-4335 World Trade Organization: Dispute settlement panel proceedings— European Communities; measures related to zeroing and antidumping duty orders on certain products, 51268-51270 E7-17563 European communities; regime for importation, sale and distribution of bananas, 51267-51268 07-4341 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Federal Transit Administration See Pipeline and Hazardous Materials Safety Administration NOTICES Aviation proceedings:
Agreements filed; weekly receipts, 51289-51290 E7-17597 Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 51290 E7-17596 Meetings: Intelligent Transportation Systems Program Advisory Committee, 51290 E7-17591 Transportation Transportation Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 51238-51239 E7-17571 Veterans Veterans Affairs Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 51303-51304 E7-17602 E7-17603 Separate Parts In This Issue Part II Defense Department;
General Services Administration; National Aeronautics and Space Administration, 51306-51311 07-4336 07-4337 07-4338 Part III Transportation Department, Federal Aviation Administration, 51314-51317 E7-17626 Part IV Labor Department, Mine Safety and Health Administration, 51320-51347 07-4317 07-4318 Part V Executive Office of the President, Presidential Documents, 51349-51351 07-4374 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 72 172 Thursday, September 6, 2007 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1205 [Docket No. AMS-CN-07-0094; CN-07-006] Cotton Research and Promotion Program: Procedures for Conduct of Sign-up Period AGENCY:
Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This rule will amend the rules and regulations regarding the procedures for the conduct of 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. The amendments will update various dates, name changes, addresses, and make other administrative changes. EFFECTIVE DATE: September 7, 2007. FOR FURTHER INFORMATION CONTACT: Shethir M. Riva, Chief, Research and Promotion Staff, Cotton Program, AMS, USDA, Stop 0224, 1400 Independence Ave., SW., Room 2639, Washington, DC 20250-0224, telephone
(202)720-6603, facsimile
(202)690-1718, or e-mail at *Shethir.riva@usda.gov.* SUPPLEMENTARY INFORMATION: Executive Order 12866 The Office of Management and Budget has waived the review process required by Executive Order 12866 for this action. Executive Order 12988 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 any state or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. The Cotton Research and Promotion Act (7 U.S.C. 2101-2118) 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 USDA 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 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, USDA 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 or her principal place of business, has jurisdiction to review the USDA's ruling, provided a complaint is filed within 20 days from the date of the entry of ruling. Regulatory Flexibility Act Pursuant to requirements set forth in the regulatory Flexibility Act
(RFA)[5 U.S.C. 601 *et seq.* ], the Agricultural Marketing Service 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 entities. There are currently approximately 19,000 producers, and approximately 14,000 importers that are subject to the order. The majority of these producers and importers are small businesses under the criteria established by the Small Business Administration. 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 proposed rule would provide 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 the 1991 referendum, and for the 1997 and 2001 sign-up period. The 1997 and 2001 sign-ups did not generate the required number of signatures to hold another referendum. The amendments proposed in this action would update various dates, name changes, addresses, and make other miscellaneous changes. The proposed sign-up procedures would 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. The information collection requirements under the Paperwork Reduction Act are minimal. Paperwork Reduction Act The information collections proposed by this rule will be carried out under the Office of Management and Budget
(OMB)Control Number 0581-0093. This rule will not addd to the overall burden currently approved by OMB and assigned OMB Control Number 0581-0093 under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). This OMB Control Number is referenced in Section 1205.541 of the regulations. Background The 1991 amendments to the Cotton Research and Promotion Order (7 CFR 1205 *et seq.* ) were implemented following the July 1991 referendum. The amendments were provided for in the Cotton Research and Promotion Act (7 U.S.C. 2101-2118) amendments of 1990. The 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 procedures to demand a refund of assessments. On March 6, 2007, USDA issued a determination based on its review, (72 FR 9918), 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. 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. Accordingly, USDA will provide all eligible Upland cotton producers and importers an opportunity to request a continuance referendum regarding the 1991 amendments to the order. Accordingly, USDA will provide all eligible Upland cotton producers and importers an opportunity to request a continuance referendum regarding the 1991 amendments to the Order. The sign-up period will be provided for all eligible producers and importers. Eligible cotton producers would be provided the opportunity to sign-up to request a continuance referendum in person at the county Farm Service Agency
(FSA)office where their farm is located. If the producer's land is in more than one county, the producer shall sign-up at the county office where FSA administratively maintains and processes the producer's farm records. Producers who choose not to visit the county FSA office in person may request a sign-up form in the mail from the same office. USDA would mail sign-up information, including a written request form, to all known, eligible, cotton importers. Importers who favor the conduct of a continuance referendum would return their signed request forms to USDA, FSA, DAFO, Attention: Rick Pinkston, P.O. Box 23103, Washington, DC 20026-3103. Importers who do not receive a request form in the mail by September 4, 2007, and who meet the eligibility requirements to participate in the sign-up, may submit a written, signed, request for a continuance referendum. Such request must be accompanied by a copy of the U.S. Customs and Border Protection form 7501 showing payment of a cotton assessment for calendar year 2006. Requests and supporting documentation should be mailed to USDA, FSA, DAFO, Attention: Rick Pinkston, P.O. Box 23103, Washington DC 20026-3103. The sign-up period will be from September 4, 2007, until November 30, 2007. Producer and importer forms shall only be counted if received by USDA during the stated sign-up period. Section 8(c)2 of the Act provides that if USDA determines, based on the results of the sign-up, that 10 percent or more of the total number of eligible producers and importers that voted in the most recent 1991 referendum (i.e., 4,622) 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 the requests, the AMS Cotton 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 for 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 rule amends the procedures for the conduct of the current sign-up period. The current rules and regulations provide for sections on definitions, supervision of the sign-up period, eligibility, participation in the sign-up period, counting requests, reporting results and instructions and forms. In section 1205.18 the term “Producer” is further defined to ensure that all producers that planted cotton during 2006 will be eligible to participate in the sign-up period. In sections 1205.20, 1205.26, and 1205.27 “calendar year 2001” would change to “calendar year 2006.” In sections 1205.27, 1205.28, and 1205.29 sign-up period conduct dates, FSA reporting dates, and mailing addresses have been updated. A proposed rule with a request for comments was published in the **Federal Register** on July 30, 2007, (72 FR 41460). No comments were received on the proposed rule; however, during the review process, USDA identified two beneficial changes. First, in § 1205.27 paragraph (c), USDA is changing the date from October 31, 2007, to November 30, 2007, to allow producers, who may need to submit supporting documentation to FSA County offices, the entire sign-up period to do so. The appropriate FSA office must receive all supporting documentation by November 30, 2007. Second, USDA is changing the date in § 1205.28 from November 1, 2007, to November 30, 2007, so FSA, who is assisting with the sign-up, can have the full allotted sign-up period before being required to begin to count requests. Pursuant to 5 U.S.C. 533, it is found that good cause exists for not postponing the effective date of this rule until thirty days after publication in the **Federal Register** because:
(1)The Department has determined that September 4, 2007, to November 30, 2007, are the preferable dates of the sign-up period;
(2)is consistent with the intent of the Act;
(3)interested persons have been provided an opportunity to submit written comments concerning the amendments to the sign-up procedures; and
(4)the amendments merely update various dates, name changes, addresses and make other miscellaneous. Eligibility and participation requirements are substantially the same that were used in previous referenda and a sign-up period. This rule amends the subpart to established procedures for use during the sign-up period. Accordingly, this rule is made final with the following changes. List of Subjects in 7 CFR Part 1205 Advertising, Agricultural research, Cotton, Marketing agreements, Reporting and recordkeeping requirements. 7 CFR Part 1205, Subpart 1205.10 Through 1205.30 For the reasons set forth in the preamble, 7 CFR part 1205 is amended as follows: PART 1205—COTTON RESEARCH AND PROMOTION 1. The authority citation to part 1205 continues to read as follows: Authority: 7 U.S.C. 2101-2118 and 7 U.S.C. 7401. 2. Section 1205.20 is revised to read as follows: § 1205.20 Representative period. The term *representative period* means the 2006 calendar year. 3. In § 1205.26, paragraphs (a)(1) and (a)(2) are revised as follows: § 1205.26 Eligibility.
(a)* * *
(1)Any person who was engaged in the production of Upland cotton during calendar year 2006; and
(2)Any person who was an importer of Upland cotton and imported Upland cotton in excess of the value of $2.00 per line item entry during calendar year 2006. 4. Section 1205.27 is revised to read as follows: § 1205.27 Participation in the sign-up period. The sign-up period will be from September 4, 2007, through November 30, 2007. 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 November 30, 2007.
(a)Before the sign-up period begins, FSA shall establish a list of known, eligible, Upland cotton producers in the country 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, AMS 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 September 4, 2007, may particiapte 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 2006. Importers must submit their requests and supporting documents to USDA, FSA, DAFO, Attention: Rick Pinkston, P.O. Box 23103, Washington, DC 20026-3103. All requests and supporting documents must be received by November 30, 2007.
(c)Each person on the county FSA office lists may participate in the sign-up 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 officer where FSA administratively maintains and processes the producer's farm records. It is the responsibility of the person to provide the information need 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 the 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 November 30, 2007. 7. 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 November 30, 2007. * * * 8. 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 December 7, 2007, 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 December 7, 2007, 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 December 7, 2007, forward all county reports to DAFO. By December 14, 2007, 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 Program, AMS, Stop 0224, 1400 Independence Ave., SW., Washington, DC 20250-0224. Dated: August 28, 2007. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. 07-4312 Filed 9-5-07; 8:45 am]
Connectionstraces to 4
Traces to 4 documents
3 references not yet in our index
- 7 CFR 1205
- 7 USC 2101-2118
- 5 USC 533
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Final rule
Cite7 CFR 1205
Cite7 USC 2101-2118
Cite5 USC 533
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