Unknown. Final rule
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/register/2010/05/05/2010-10558A 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-2010-05-05.xml --- 75 86 Wednesday, May 5, 2010 Contents Agricultural Agricultural Marketing Service RULES Cotton Research and Promotion Program: Designation of Cotton-Producing States, 24373-24374 2010-10558 Agricultural Agricultural Research Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Revision of Form Pertaining to Peer Review of ARS Research Projects, 24568 2010-10560 Intent to Grant Exclusive License, 24568-24569 2010-10557 Agriculture Agriculture Department See Agricultural Marketing Service See Agricultural Research Service See Animal and Plant Health Inspection Service Animal Animal and Plant Health Inspection Service NOTICES Meetings:
Animal Traceability, 24569 2010-10561 Army Army Department NOTICES Interim Change to the Military Freight Traffic Unified Rules Publication, 24667 2010-10511 Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 24704-24707 2010-10585 2010-10586 2010-10587 Centers Centers for Medicare & Medicaid Services RULES Medicare and Medicaid Programs:
Changes in Provider and Supplier Enrollment, Ordering and Referring, and Documentation Requirements, etc., 24437-24449 2010-10505 Coast Guard Coast Guard RULES Drawbridge Operation Regulation: CSX Railroad, Trout River, mile 0.9, Jacksonville, FL, 24400-24402 2010-10497 Enforcement of Regulation: National Maritime Week Tugboat Races, Seattle, WA, 24400 2010-10499 Safety Zones: St. Louis River, Tallas Island, Duluth, MN, 24402-24404 2010-10498 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Commodity Futures Trading Commission NOTICES Order Finding Contract Traded on IntercontinentalExchange, Inc., Does Not Perform Significant Price Discovery Function:
ICE Dominion-South Financial Basis, 24599-24606 2010-10332 Permian Financial Basis, 24619-24626 2010-10339 San Juan Financial Basis, 24586-24592 2010-10343 TCO Financial Basis, 24606-24612 2010-10338 TETCO-M3 Financial Basis, 24592-24599, 24626-24633 2010-10327 2010-10330 Zone 6-NY Financial Basis, 24612-24619 2010-10575 Order Finding Contract Traded on IntercontinentalExchange, Inc., Performs Significant Price Discovery Function: HSC Financial Basis, 24641-24648 2010-10341 ICE Chicago Financial Basis, 24633-24640 2010-10344 ICE Waha Financial Basis, 24655-24662 2010-10324 Socal Border Financial Basis, 24648-24655 2010-10335 Corporation Corporation for National and Community Service NOTICES Meetings;
Sunshine Act, 24662-24663 2010-10709 Defense Defense Department See Army Department See Navy Department NOTICES Federal Acquisition Regulation; Agency Information Collection Activities; Proposals, Submissions, and Approvals: Preaward Survey Forms, 24702-24703 2010-10543 Proposed Solicitation for Cooperative Agreement Applications, 24663 2010-10540 Revised Non-Foreign Overseas Per Diem Rates, 24663-24667 2010-10539 Education Education Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 24670-24671 2010-10463 Applications for New Awards (FY 2010): Promise Neighborhoods Program, 24671-24684 2010-10492 Election Election Assistance Commission PROPOSED RULES Nonprocurement Debarment and Suspension, 24494-24496 2010-10210 Employment Employment and Training Administration NOTICES Amended Certification Regarding Eligibility to Apply for Worker Adjustment Assistance: Johnson Controls, Inc., et al., Greenfield, OH, 24748 2010-10521 SCI LLC/Zener-Rectifier, et al., Phoenix, AZ, 24747-24748 2010-10522 TATA Technologies Inc., et al., Novi, MI, 24747 2010-10523 Determinations Regarding Eligibility to Apply for Worker Adjustment Assistance, 24748-24752 2010-10520 Negative Determination Regarding Application for Reconsideration:
UPF, Inc., Flint, MI, 24752-24753 2010-10524 Walker Auto Group, Inc., Miamisburg, OH, 24753 2010-10519 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: Environmental Management Site-Specific Advisory Board, Idaho National Laboratory, 24685 2010-10514 Environmental Management Site-Specific Advisory Board, Northern New Mexico, 24686-24687 2010-10516 Environmental Management Site-Specific Advisory Board, Oak Ridge Reservation, 24685-24686 2010-10515 Environmental Management Site-Specific Advisory Board, Paducah, 24686 2010-10518 Environmental Management Site-Specific Advisory Board, Savannah River Site, 24684-24685 2010-10513 EPA Environmental Protection Agency RULES Approval and Promulgation of Air Quality Implementation Plans:
Indiana; Volatile Organic Compound Automobile Refinishing Rules, 24404-24406 2010-10405 Designation of Areas for Air Quality Planning Purposes: California; San Joaquin Valley, South Coast Air Basin, et al. Metro 8-hour Ozone Nonattainment Areas; Reclassification, 24409-24421 2010-9599 Pesticide Tolerances: Spirodiclofen, 24428-24434 2010-10129 Tebuconazole, 24421-24428 2010-10406 Revisions to the California State Implementation Plan: Placer County Air Pollution Control District, Sacramento Metropolitan Air Quality Management District, et al., 24406-24408 2010-10402 San Joaquin Valley Unified Air Pollution Control District, 24408-24409 2010-10404 PROPOSED RULES Approval and Promulgation of State Implementation Plans:
Washington, 24542-24544 2010-10644 Revisions to the California State Implementation Plan: Placer County Air Pollution Control District, Sacramento Metropolitan Air Quality Management District, et al., 24544-24545 2010-10401 NOTICES Access to Confidential Business Information by Guident Technologies Inc.'s Identified Subcontractor, 24688-24689 2010-10230 Agency Information Collection Activities; Proposals, Submissions, and Approvals: NSPS for Pressure Sensitive Tape and Label Surface Coating Operations (Renewal), 24689-24690 2010-10532 Plant-Incorporated Protectants;
CBI Substantiation and Adverse Effects Reporting, 24690-24692 2010-10413 Meetings: Ozone Transport Commission, 24692 2010-10536 Pesticide Petition Requesting Temporary Exemption from Requirement of Tolerance, 24692-24694 2010-10140 Pesticide Products; Registration Applications, 24694-24697 2010-10137 2010-10630 Receipt of Requests to Voluntarily Cancel Certain Pesticide Registrations: Carbaryl, 24697-24699 2010-10643 Requests for Amendments to Delete Uses in Certain Pesticide Registrations, 24699-24700 2010-10228 Executive Office of the President See Management and Budget Office See Presidential Documents Export Export-Import Bank NOTICES Economic Impact Policy, 24700 2010-10569 FAA Federal Aviation Administration RULES Airworthiness Directives:
Bombardier, Inc. Model DHC-8-400 Series Airplanes, 24389-24392 2010-10472 PROPOSED RULES Damage Tolerance and Fatigue Evaluation of Composite Rotorcraft Structures; Reopening of Comment Period, 24502-24503 2010-10578 Fatigue Tolerance Evaluation of Metallic Structures; Extension of Comment Period, 24501-24502 2010-10556 Proposed Modification of VOR Federal Airways V-82, V-175, V-191, and V-430 in the Vicinity of Bemidji, MN, 24504-24505 2010-10468 FCC Federal Communications Commission NOTICES Meetings:
North American Numbering Council, 24700-24701 2010-10554 Federal Election Federal Election Commission RULES Participation by Federal Candidates and Officeholders at Non-Federal Fundraising Events, 24375-24384 2010-10571 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Surplus Federal Real Property Public Benefit Conveyance and BRAC Program for Emergency Management Use, 24722 2010-10530 Application Form for Single Residential Lot or Structure Amendments to National Flood Insurance Program Maps, 24723-24726 2010-10528 Disaster Assistance Registration, 24733-24734 2010-10537 FEMA/EMI Independent Study Course Enrollment and Test Answer Sheet, 24730-24731 2010-10525 General Admissions Application (Long and Short) and Stipend Forms, 24722-24723 2010-10529 Hazard Mitigation Grant Program Application and Reporting, 24732 2010-10531 National Flood Insurance Program - Claim Forms, 24728-24730 2010-10526 National Flood Insurance Program - Mortgage Portfolio Protection Program, 24726-24727 2010-10527 State Administrative Plan for the Hazard Mitigation Grant Program, 24732-24733 2010-10533 Fact Sheet Availability:
Recovery Fact Sheet RP9580.102, Permanent Relocation, 24740 2010-10455 Final Policy Availability: Recovery Policy RP9523.5, Debris Removal from Waterways, 24740 2010-10461 Major Disaster Declaration: Massachusetts, 24740-24741 2010-10544 Mississippi, 24741 2010-10547 Federal Energy Federal Energy Regulatory Commission RULES Transferring Certain Enforcement Hotline Matters to the Dispute Resolution Service; Correction, 24392 2010-10453 NOTICES Combined Notice of Filings, 24687-24688 2010-10503 FMC Federal Maritime Commission NOTICES Agreements Filed, 24702 2010-10517 Federal Reserve Federal Reserve System RULES Reserve Requirements of Depository Institutions Policy on Payment System Risk, 24384-24389 2010-10483 NOTICES Proposals to Engage in Permissible Nonbanking Activities or to Acquire Companies, etc., 2010-10509 24701-24702 2010-10510 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings;
Sunshine Act, 24702 2010-10749 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: Designation of Critical Habitat for the Polar Bear in the United States, 24545-24549 2010-10512 NOTICES Endangered and Threatened Wildlife and Plants: Mexican Wolf; Conservation Assessment, 24741-24742 2010-10470 Food Food and Drug Administration RULES Animal Drugs, Feeds, and Related Products: Withdrawal of Approval of a New Animal Drug Application; Buquinolate;
Coumaphos, 24394 2010-10564 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Administrative Detention and Banned Medical Devices, 24708 2010-10580 Fiscal Year 2010 Medical Device User Fee Small Business Qualification and Certification, 24707 2010-10581 Inspection by Accredited Persons Program Under the Medical Device User Fee and Modernization Act (of 2002), 24708 2010-10577 Medical Device User Fee Cover Sheet (Form FDA 3601), 24707 2010-10579 Premarket Notification, 24708-24710 2010-10576 Determinations;
Withdrawn from Sale for Reasons of Safety or Effectiveness: BREVIBLOC (Esmolol Hydrochloride) Injection, 250 Milligrams/Milliliter, 10-Milliliter Ampule, 24710-24711 2010-10559 Food and Drug Administration Modernization Act of 1997: Modifications to List of Recognized Standards (Recognition List Number 023), 24711-24718 2010-10562 Guidance for Industry: Documenting Statistical Analysis Programs and Data Files; Availability, 24718 2010-10582 Meetings: Town Hall Discussion With Director of Center for Devices and Radiological Health and Other Senior Center Management, 24718-24719 2010-10563 Withdrawal of Approval of New Animal Drug Applications:
Coumaphos; Novobiocin; Buquinolate and Lincomycin, 24719-24720 2010-10567 Foreign Foreign Assets Control Office RULES Somalia Sanctions Regulations, 24394-24400 2010-9829 NOTICES Additional Designations, Foreign Narcotics Kingpin Designation Act, 24773-24774 2010-10481 Foreign Foreign-Trade Zones Board NOTICES Application for Reorganization under Alternative Site Framework: Foreign-Trade Zone 177 - Mount Vernon/Evansville, IN, 24570-24571 2010-10615 Application for Reorganization/Expansion under Alternative Site Framework:
Foreign-Trade Zone 5 - Seattle, WA, 24571 2010-10612 Designation of New Grantee: Foreign-Trade Zone 185, Culpeper, VA; Resolution and Order, 24571 2010-10617 Foreign-Trade Zone 243, Victorville, CA; Resolution and Order, 24571-24572 2010-10621 Foreign-Trade Zone 29 - Louisville, KY, Application for Subzone: Louisville Bedding Co. (Household Bedding Products), Louisville and Munfordville, KY, 24572 2010-10614 Reorganization/Expansion of Foreign-Trade Zone 21: Charleston, SC, Area, 24583-24584 2010-10618 GSA General Services Administration RULES Federal Travel Regulation:
Transportation In Conjunction with Official Travel and Relocation, 24434-24437 2010-10235 NOTICES Federal Acquisition Regulation; Agency Information Collection Activities; Proposals, Submissions, and Approvals: Preaward Survey Forms, 24702-24703 2010-10543 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Substance Abuse and Mental Health Services Administration RULES Early Retiree Reinsurance Program, 24450-24470 2010-10658 Health Care Reform Insurance Web Portal Requirements, 24470-24482 2010-10504 NOTICES Findings of Misconduct in Science, 24703-24704 2010-10605 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S.
Citizenship and Immigration Services See U.S. Customs and Border Protection See U.S. Immigration and Customs Enforcement Interior Interior Department See Fish and Wildlife Service International International Trade Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: U.S. Government Trade Event Information Request, 24569-24570 2010-10534 Preliminary Affirmative Determination of Critical Circumstances in the Antidumping Duty Investigation:
Certain Potassium Phosphate Salts from the People's Republic of China, 24572-24575 2010-10583 Preliminary Affirmative Determination of Critical Circumstances in the Countervailing Duty Investigation: Certain Potassium Phosphate Salts from the People's Republic of China, 24575-24577 2010-10302 Preliminary Results of New Shipper Review: Fresh Garlic from the People's Republic of China, 24578-24583 2010-10610 Request for Nominations: Industry Trade Advisory Committees, 24584-24586 2010-10495 International International Trade Commission NOTICES Investigations:
Certain Game Controllers, 24743 2010-10501 Certain Large Scale Integrated Circuit Semiconductor Chips and Products Containing Same, 24742-24743 2010-10494 Justice Justice Department NOTICES Lodging of Consent Decree, 24744 2010-10484 Labor Labor Department See Employment and Training Administration See Occupational Safety and Health Administration See Veterans Employment and Training Service See Workers Compensation Programs Office Management Management and Budget Office NOTICES Cost of Hospital and Medical Care Treatment Furnished by Department of Defense Military Treatment Facilities:
Certain Rates Regarding Recovery From Tortiously Liable Third Persons, 24754 2010-10549 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 24754 2010-10467 Federal Acquisition Regulation; Agency Information Collection Activities; Proposals, Submissions, and Approvals: Preaward Survey Forms, 24702-24703 2010-10543 National Credit National Credit Union Administration PROPOSED RULES Short-Term, Small Amount Loans, 24497-24501 2010-10480 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings:
National Council on the Humanities, 24754-24755 2010-10473 NOAA National Oceanic and Atmospheric Administration RULES Fisheries Off West Coast States: West Coast Salmon Fisheries; 2010 Management Measures, 24482-24493 2010-10566 PROPOSED RULES Merchant Marine Act and Magnuson-Stevens Fishery Conservation and Management Act Provisions: Fishing Vessel, Fishing Facility and Individual Fishing Quota Lending Program Regulations, 24549-24567 2010-10270 Navy Navy Department NOTICES Privacy Act;
Systems of Records, 24667-24670 2010-10541 Nuclear Nuclear Regulatory Commission NOTICES Acknowledgement of Request for Enforcement Action: U.S. Army Installation Command (Schofield Barracks and Pohakuloa Training Area, Hawaii), 24755 2010-10555 Exemption from Certain Low-Level Waste Shipment Tracking Requirements: DTE Energy; Enrico Fermi Atomic Power Plant (Unit 1), 24755-24756 2010-10552 Occupational Occupational Safety and Health Administration PROPOSED RULES Availability of the Regulatory Flexibility Act Review of the Methylene Chloride Standard, 24509-24510 2010-10107 Modernization of OSHA's Injury and Illness Data Collection Process, 24505-24509 2010-10163 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Occupational Exposure to Noise Standard, 24746-24747 2010-10428 Office of Management and Budget See Management and Budget Office Postal Postal Service PROPOSED RULES Treatment of Cigarettes and Smokeless Tobacco as Nonmailable Matter, 24534-24541 2010-10660 Presidential Presidential Documents PROCLAMATIONS Special Observances: Asian American and Pacific Islander Heritage Month (Proc. 8508), 24363-24364 2010-10728 Law Day, U.S.A., 2010 (Proc. 8511), 24369-24370 2010-10746 Loyalty Day, 2010 (Proc 8512), 24371-24372 2010-10748 National Charter Schools Week (Proc. 8510), 24367-24368 2010-10730 National Physical Fitness and Sports Month (Proc. 8509), 24365-24366 2010-10729 ADMINISTRATIVE ORDERS Syria;
Continuation of National Emergency (Notice of May 3, 2010), 24777-24780 2010-10786 SEC Securities and Exchange Commission NOTICES Order Making Fiscal Year 2011 Annual Adjustments to the Fee Rates Applicable under the Securities Act of 1933, etc., 24757-24769 2010-10491 Self-Regulatory Organizations; Proposed Rule Changes: C2 Options Exchange, Inc., 24771-24772 2010-10459 NYSE Amex LLC, 24769-24771 2010-10458 SBA Small Business Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 24756 2010-10475 Disaster Declaration: Virginia, 24757 2010-10477 West Virginia, 24756-24757 2010-10478 State State Department NOTICES Meetings: U.S. National Commission for UNESCO, 24772-24773 2010-10548 Substance Substance Abuse and Mental Health Services Administration NOTICES Fiscal Year
(FY)2010 Funding Opportunity, 24711 2010-10502 Thrift Thrift Supervision Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Interagency Guidance on Asset Securitization Activities, 24774 2010-10551 Approval of Conversion Application: Fairmont Bank, Baltimore, MD, 24774-24775 2010-10227 Meetings: OTS Mutual Savings Association Advisory Committee, 24775 2010-10550 Transportation Transportation Department See Federal Aviation Administration See Transportation Statistics Bureau Transportation Transportation Statistics Bureau NOTICES Meetings: Advisory Council on Transportation Statistics, 24773 2010-10508 Treasury Treasury Department See Foreign Assets Control Office See Thrift Supervision Office U.S. U.S. Citizenship and Immigration Services NOTICES Extension of the Designation of Honduras for Temporary Protected Status: Automatic Extension of Employment Authorization Documentation for Honduran TPS Beneficiaries, 24734-24737 2010-10620 Extension of the Designation of Nicaragua for Temporary Protected Status: Automatic Extension of Employment Authorization Documentation for Nicaraguan TPS Beneficiaries, 24737-24740 2010-10619 Customs U.S. Customs and Border Protection RULES Further Consolidation of CBP Drawback Centers, 24392-24393 2010-10506 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Regulations Relating to Recordation and Enforcement of Trademarks and Copyrights, 24731-24732 2010-10507 Immigration U.S. Immigration and Customs Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 24720-24722 2010-10542 2010-10545 2010-10546 U.S. U.S.-China Economic and Security Review Commission NOTICES Open Public Hearing, 24775 2010-10454 Veterans Veterans Affairs Department PROPOSED RULES Drug and Drug-Related Supply Promotion by Pharmaceutical Company Sales Representatives at VA Facilities, 24510-24514 2010-10629 Supportive Services for Veteran Families Program, 24514-24534 2010-10372 NOTICES Meetings: Advisory Committee on Prosthetics and Special Disabilities Programs, 24775-24776 2010-10441 Veterans Veterans Employment and Training Service NOTICES Availability of Funds and Solicitation for Grant Applications: Incarcerated Veterans Transition Program, 24748 2010-10553 Workers' Workers Compensation Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 24744-24746 2010-10493 Separate Parts In This Issue Part II Presidential Documents, 24777-24780 2010-10786 Reader Aids Consult the Reader Aids section at the end of this page 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. 75 86 Wednesday, May 5, 2010 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1205 [Doc. # AMS-CN-10-0027; CN-08-003] RIN 0581-AC84 Cotton Research and Promotion Program: Designation of Cotton-Producing States AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: The Agricultural Marketing Service
(AMS)is amending the Cotton Research and Promotion Order (Cotton Order) following a referendum held October 13 through November 10, 2009, in which Upland cotton producers and importers favored the adoption of two amendments to the Cotton Order. The amendments were proposed by AMS to amend the Cotton Order and implement section 14202 of the Food, Conservation, and Energy Act of 2008 (2008 Farm Bill) that amended the Cotton Research and Promotion Act (Cotton Act). The 2008 Farm Bill provided that Kansas, Virginia, and Florida be separate states in the definition of “cotton-producing state” effective beginning with the 2008 crop of cotton. In addition, AMS proposed to amend the definition of “cotton-producing region” for consistency with the changes to the definition of cotton-producing state. DATES: *Effective Date:* This rule is effective May 6, 2010. FOR FURTHER INFORMATION CONTACT: Shethir M. Riva, Chief, Research and Promotion Staff, Cotton and Tobacco Programs telephone
(202)720-6603, facsimile
(202)690-1718, or e-mail at *Shethir.Riva@ams.usda.gov.* SUPPLEMENTARY INFORMATION: Prior documents in this proceeding: Notice of Hearing issued on November 24, 2008, and published in the December 1, 2008, issue of the **Federal Register** (73 FR 72747); and the Secretary's Decision and Referendum Order on Proposed Amendments to the Cotton Research and Promotion Order (Order) issued on September 28, 2009, and published in the October 5, 2009, issue of the **Federal Register** (74 FR 51094). This administrative action is governed by the provisions of sections 556 and 557 of title 5 of the United States Code and, therefore, is excluded from the requirements of Executive Order 12866. Preliminary Statement This final rule was formulated based on the record of the public hearing held in Washington, DC, on December 5, 2008. Notice of this hearing was issued on November 24, 2008, and published in the December 1, 2008, issue of the **Federal Register** (73 FR 72747). The hearing was held to consider and receive evidence from Upland cotton producers, importers, and other interested parties on the proposed amendments to the Cotton Order (7 CFR part 1205). The hearing was held pursuant to the provisions of the Cotton Research and Promotion Act (Cotton Act) (7 U.S.C. 2101-2118), and the applicable rules of practice and procedure governing research and promotion programs (7 CFR part 1200). The notice of hearing contained Cotton Order changes proposed by the Agricultural Marketing Service (AMS). AMS concluded that conditions existed that warranted the omission of a recommended decision in this rulemaking proceeding under 7 CFR 1200.13(d) of the Rules of Practice and Procedure with respect to the proposed amendments. Upon the basis of the evidence introduced at the hearing and the record, a Secretary's Decision and Referendum Order was issued on September 28, 2009, directing that a referendum be conducted during the period October 13 through November 10, 2009, among Upland cotton producers and importers to determine whether they favored the proposed amendments to the Cotton Order. For the amendments to be approved, section 10(b)(2) of the Cotton Act provides that the amendments must be approved by a majority of cotton producers and importers subject to the Cotton Order voting in the referendum. Of the 445 valid ballots cast, 405 or 91 percent favored the amendments to the Order. Opposing ballots totaled 40 or 9 percent. The amendments favored by vote and included in this final rule will:
(1)Amend the Cotton Order to incorporate the States of Kansas, Virginia, and Florida into the definition of “cotton-producing state” as separate states.
(2)Amend the definition of “cotton-producing region” to list Kansas, Virginia, and Florida as separate states. Regulatory Flexibility Act and Paperwork Reduction Act Pursuant to requirements set forth in the Regulatory Flexibility Act
(RFA)[5 U.S.C. 601-612], 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 entities. There are currently approximately 18,000 producers, and approximately 16,000 importers that are subject to the Cotton Order. In 13 CFR part 121, the Small Business Administration
(SBA)defines small agricultural producers as those having annual receipts of no more than $750,000 and small agricultural service firms (importers) as those having annual receipts of no more than $7.0 million. The majority of these producers and importers are small businesses under the criteria established by the SBA. The Cotton Act provides authority to establish the Cotton Board to administer the Cotton Research and Promotion Program. The Board is currently composed of 39 members and 39 alternate members (23 producer and 16 importer members and alternate members) and one consumer advisor. The Board is responsible for carrying out an effective and continuous program of research and promotion in order to strengthen the competitive position of Upland cotton by expanding domestic and foreign markets for cotton, improving fiber quality, and lowering the costs of production. The Program, including U.S. Department of Agriculture administrative costs, is financed through producer and importer assessments levied on each bale or bale equivalent of cotton at a rate of $1 per bale with a supplemental (currently 5/10ths of one percent) assessment not to exceed one percent of the value of lint of each bale. There are approximately 18,000 producers, and approximately 16,000 importers that are subject to the Order. In 2008 budget year, the Board collected $64.2 million in assessments ($36.2 million from producers and $28 million from importers). Interested persons were invited to present evidence at the hearing on the possible regulatory and informational impacts of the proposals on small businesses. The amendments proposed herein would not result in any additional regulatory requirements being imposed on cotton producers and importers. The proposed amendments to the Cotton Order merely reflect the statutory changes needed to implement the 2008 Farm Bill provisions that provided that Kansas, Virginia, and Florida be separate states in the definition of “cotton-producing state.” There are no new information collection reports as a result of the proposed amendments. Information collection requirements and recordkeeping provisions contained in 7 CFR part 1205 have been previously approved by the Office of Management and Budget
(OMB)and assigned OMB Control Number 0581-0093 under the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Civil Justice Reform The amendments herein have been reviewed under Executive Order 12988, Civil Justice Reform. They are not intended to have retroactive effect. The Cotton Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 12 of the Cotton Act, any person subject to an order may file with the Secretary of Agriculture 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 Cotton 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 ruling. Order Amending the Order Regulating the Cotton Research and Promotion Program Findings and Determinations The findings and determinations hereinafter set forth are supplementary and in addition to the findings and determinations previously made in connection with the issuance of the Order; and all of said previous findings and determinations are hereby ratified and affirmed. *(a) Findings and determinations upon the basis of the hearing record.* Pursuant to the provisions of the Cotton Research and Promotion Act (Cotton Act) (7 U.S.C. 2101-2118), and the applicable rules of practice and procedure effective thereunder (7 CFR part 1200), a public hearing was held in Washington, D.C. on December 5, 2008, on the proposed amendments to the Cotton Research and Promotion Order (7 CFR part 1205). Upon the basis of the evidence introduced at such hearing and the record thereof, it is found that:
(1)The Cotton Order, as amended, as hereby proposed to be further amended, and all of the terms and conditions thereof, will tend to effectuate the declared policy of the Act;
(2)All cotton produced and handled in the United States is in the current of interstate or foreign commerce or directly burdens, obstructs, or affects interstate or foreign commerce in cotton and cotton products. *(b) Additional findings.* It is necessary and in the public interest to make these amendments to the order effective not later than one day after publication in the **Federal Register.** It is necessary and in the public interest to make these amendments to the order effective not later than one day after publication in the **Federal Register** to allow for organizations in the states of Florida, Kansas, and Virginia to become certified to nominate producers to the Board and to participate in the upcoming nomination caucuses in 2010. In view of the foregoing, it is hereby found and determined that good cause exists for making these amendments effective one day after publication in the **Federal Register,** and that it would be contrary to the public interest to delay the effective date for 30 days after publication in the **Federal Register** (Administrative Procedure Act; 5 U.S.C. 551-559).
(c)*Determinations.*
(1)Upland cotton producers and importers who during the period of January 1 through December 31, 2008 (which has been deemed to be the representative period), either produced or imported cotton, as hereby amended the Cotton Order; and
(2)The issuance of this amendatory order is favored or approved by a majority of cotton producers and importers subject to the Cotton Order voting in the referendum. The provisions of the amended Order are set forth in full herein contained in the Secretary's Decision issued by the AMS Administrator on September 28, 2009, and published in the **Federal Register** on October 5, 2009, shall be and are the terms and provisions of this order amending the Cotton Order. List of Subjects in 7 CFR Part 1205 Advertising, Agricultural research, Cotton, Marketing agreements, Reporting and recordkeeping requirements. Accordingly, as stated in the preamble, AMS amends 7 CFR part 1205 as follows: PART 1205—COTTON RESEARCH AND PROMOTION 1. The authority citation 7 CFR part 1205 continues to read as follows: Authority: 7 U.S.C. 2101-2118 and 7 U.S.C. 7401. 2. Revise § 1205.314 to read as follows: § 1205.314 Cotton-producing State. *Cotton-producing State* means each of the following States and combination of States: Alabama; Arizona; Arkansas; California-Nevada; Florida; Georgia; Kansas; Louisiana; Mississippi; Missouri-Illinois; New Mexico; North Carolina; Oklahoma; South Carolina; Tennessee-Kentucky; Texas; Virginia. 3. Revise § 1205.319 to read as follows: § 1205.319 Cotton-producing region. *Cotton-producing region* means each of the following groups of cotton-producing States:
(a)Southeast Region: Alabama, Florida, Georgia, North Carolina, South Carolina, and Virginia;
(b)Midsouth Region: Arkansas, Louisiana, Mississippi, Missouri-Illinois, and Tennessee-Kentucky;
(c)Southwest Region: Kansas, Oklahoma and Texas;
(d)Western Region: Arizona, California-Nevada, and New Mexico. Dated: April 29, 2010. David R. Shipman, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2010-10558 Filed 5-4-10; 8:45 am]
Connectionstraces to 3
Traces to 3 documents
7 references not yet in our index
- 7 CFR 1205
- 7 USC 2101-2118
- 7 CFR 1200
- 7 CFR 1200.13(d)
- 5 USC 601-612
- 13 CFR 121
- 5 USC 551-559
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Final rule
Cite7 CFR 1205
Cite7 USC 2101-2118
Cite7 CFR 1200
Cite7 CFR 1200.13(d)
Cite5 USC 601-612
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