[Federal Register Volume 73, Number 231 (Monday, December 1, 2008)]
[Proposed Rules]
[Pages 72747-72748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28569]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 73, No. 231 / Monday, December 1, 2008 / 
Proposed Rules  

[[Page 72747]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1205

[Doc. AMS-CN-08-0063; CN-08-003]


Cotton Research and Promotion Program: Designation of Cotton-
Producing States; Hearing on Proposed Amendments to Cotton Research and 
Promotion Order

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice of hearing on proposed rulemaking.

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SUMMARY: Notice is hereby given of a public hearing to receive evidence 
on proposed amendments to the Cotton Research and Promotion Order 
(Order). The Agricultural Marketing Service (AMS) is proposing to amend 
the Order to implement section 14202 of the Food, Conservation, and 
Energy Act of 2008 (Pub. L. 110-234), hereinafter referred to as the 
``2008 Farm Bill'', that amended the Cotton Research and Promotion Act 
(7 U.S.C. 2101-2118), hereinafter referred to as the ``Cotton Act.'' 
The 2008 Farm Bill designated the States of Kansas, Virginia, and 
Florida in the definition of ``cotton-producing state'' effective 
beginning with the 2008 crop of cotton. In addition, AMS proposes to 
make any such changes as may be necessary to the order to conform to 
any amendment that may result from the hearing.

DATES: The hearing date is Friday, December 5, 2008, beginning at 9 
a.m. in Washington, DC.

ADDRESSES: The hearing will be held at the U.S. Department of 
Agriculture, Jamie L. Whitten Building, Room 107A, 1400 Independence 
Avenue, SW., Washington, DC 20250. For admittance to the Federal 
building where the hearing is held, all attendees will be required to 
show a valid government issued photo identification, such as a driver's 
license.

FOR FURTHER INFORMATION CONTACT: Shethir M. Riva, Chief, Research and 
Promotion Staff, Cotton and Tobacco Programs, AMS, USDA, Stop 0224, 
1400 Independence Ave., SW., Room 2639-S, Washington, DC 20250-0224, 
telephone (202) 720-6603, facsimile (202) 690-1718, or e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION: The Cotton Research and Promotion Order [7 
CFR part 1205] is authorized under the Cotton Research and Promotion 
Act [7 U.S.C. 2101-2118]. This 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.
    The Regulatory Flexibility Act (5 U.S.C. 601-612) seeks to ensure 
that within the statutory authority of a program, the regulatory and 
informational requirements are tailored to the size and nature of small 
businesses. Interested persons are invited to present evidence at the 
hearing on the possible regulatory and informational impacts of the 
proposals on small businesses.
    These amendments have been reviewed under Executive Order 12988, 
Civil Justice Reform. They are not intended to have retroactive effect. 
If adopted, the proposed amendments would not preempt any State or 
local laws, regulations, or policies, unless they present an 
irreconcilable conflict with the proposals.
    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 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.
    The Cotton Act authorizes and provides for the establishment of the 
Cotton Board (Board) and the Cotton Research and Promotion Program 
(Program). The Board is currently composed of 37 members and 37 
alternate members (22 producer and 15 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.
    Section 14202 of the Food, Conservation, and Energy Act of 2008 
(Pub. L. 110-234) (2008 Farm Bill) amended the Cotton Act by adding the 
States of Kansas, Virginia, and Florida to the definition of ``cotton-
producing state'' effective beginning with the 2008 crop of cotton. In 
accordance with this amendment, AMS is proposing to amend the Research 
and Promotion Order [7 CFR part 1205] to incorporate the States of 
Kansas, Virginia, and Florida into the definition of cotton-producing 
state as well as the definition of cotton-producing region.
    Section 1205.314 currently defines Cotton-Producing State as, 
``Cotton-producing State means each of the following States and 
combination of States: Alabama-Florida; Arizona; Arkansas; California-
Nevada; Georgia; Louisiana; Mississippi; Missouri-Illinois; New Mexico; 
North Carolina-Virginia; Oklahoma; South Carolina; Tennessee-Kentucky; 
Texas.'' Currently, Kansas is not included in this definition, Virginia 
is combined as a region with North Carolina, and Florida is combined as 
a region with Alabama. AMS is proposing to amend the definition so that 
Kansas is added and Florida and Virginia are separated from their 
current partner states as provided for in the 2008 Farm Bill.
    In addition, the agency is also proposing to amend the definition 
of cotton-producing region in section 1205.319 to make it consistent 
with the change to the definition of cotton-producing State. ``Cotton-
producing region'' is currently defined as ``each of the following 
groups of cotton-producing States: (a) Southeast Region: Alabama-
Florida, Georgia, North Carolina-Virginia, and South Carolina;

[[Page 72748]]

(b) Midsouth Region: Arkansas, Louisiana, Mississippi, Missouri-
Illinois, and Tennessee-Kentucky; (c) Southwest Region: Oklahoma and 
Texas; (d) Western Region: Arizona, California-Nevada, and New 
Mexico.''
    The amendments proposed herein would allow the States of Kansas, 
Virginia, and Florida to have at least one member and an additional 
member for each 1 million bales or major fraction (more than half) 
thereof of cotton produced in the state and marketed above one million 
bales during the period specified in the regulations for determining 
Board membership.
    Finally, AMS proposes to make any such changes as may be necessary 
to the Order to conform to any amendment that may result from the 
hearing.
    The hearing is called pursuant to the provisions of the Cotton Act 
and the applicable rules of practice and procedure governing 
proceedings under research, promotion, and information programs (7 CFR 
part 1200). The public hearing is held for the purpose of determining 
whether the proposed amendments or appropriate modifications thereof 
will tend to effectuate the declared policy of the Act, as amended by 
the 2008 Farm Bill.
    Evidence also will be taken to determine whether emergency 
conditions exist that would warrant omission of a recommended decision 
under the rules of practice and procedure (7 CFR 1200.13(d)) with 
respect to any proposed amendments.
    Testimony is invited at the hearing on the proposals contained in 
this notice. All persons wishing to submit written material as evidence 
at the hearing should be prepared to submit four copies of such 
material at the hearing and should have prepared testimony available 
for presentation at the hearing.
    From the time the notice of hearing is issued and until the 
issuance of a final decision in this proceeding, USDA employees 
involved in the decisional process are prohibited from discussing the 
merits of the hearing issues on an ex parte basis with any person 
having an interest in the proceeding. The prohibition applies to 
employees in the following organizational units: Office of the 
Secretary of Agriculture; Office of the Administrator, AMS; Office of 
the General Counsel; and the Cotton and Tobacco Programs, AMS.
    Procedural matters are not subject to the above prohibition and may 
be discussed at any time.

List of Subjects in 7 CFR Part 1205

    Advertising, Agricultural research, Cotton, Marketing agreements, 
Reporting and recordkeeping requirements.

PART 1205--COTTON RESEARCH AND PROMOTION

    For the reasons set forth in the preamble, 7 CFR part 1205 is 
proposed to be amended as follows:
    1. The authority citation for 7 CFR part 1205 continues to read as 
follows:

    Authority: 7 U.S.C. 2101-2118 and 7 U.S.C. 7401.

    2. Testimony is invited on the following proposals or appropriate 
alternatives or modifications to the proposal.
    Proposals submitted by USDA:

Proposal Number 1

    3. Revise Sec.  1205.314 to read as follows:


Sec.  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; and Virginia.

Proposal Number 2

    4. Revise Sec.  1205.319, to read as follows:


Sec.  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.

Proposal Number 3

    Make other such changes as may be necessary to the order to conform 
with any amendment thereto that may result from the hearing.

    Dated: November 24, 2008.
David R. Shipman,
Acting Administrator, Agricultural Marketing Service.
 [FR Doc. E8-28569 Filed 11-28-08; 8:45 am]
BILLING CODE 3410-02-P