[Federal Register Volume 69, Number 26 (Monday, February 9, 2004)]
[Proposed Rules]
[Page 5936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2697]


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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 [email protected].

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 [email protected].

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