[Federal Register Volume 86, Number 242 (Tuesday, December 21, 2021)]
[Notices]
[Pages 72203-72204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27577]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 86, No. 242 / Tuesday, December 21, 2021 / 
Notices  

[[Page 72203]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Docket No. AMS-CN-21-0059]


Determination for Conducting a Continuance Referendum Regarding 
Amendments to the Cotton Research and Promotion Act

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces the U.S. Department of Agriculture's 
(USDA) determination not to conduct a continuance referendum regarding 
the 1991 amendments to the Cotton Research and Promotion Order provided 
for in the Cotton Research and Promotion Act amendments of 1990. This 
determination is based on the results of a sign-up period conducted 
June 21, 2021, through July 2, 2021, and October 18, 2021, through 
October 29, 2021, during which eligible cotton producers and importers 
were provided an opportunity to request a continuance referendum.

FOR FURTHER INFORMATION CONTACT: Shethir M. Riva, Director, Research 
and Promotion, Cotton and Tobacco Program, AMS, USDA, 100 Riverside 
Parkway, Suite 101, Fredericksburg, Virginia 22406; Telephone (540) 
361-2726, Email at [email protected].

SUPPLEMENTARY INFORMATION: The 1991 amendments to the Cotton Research 
and Promotion Order (Order) (7 CFR part 1205) were implemented 
following the July 1991 referendum. The amendments were provided for in 
the 1990 amendments to the Cotton Research and Promotion Act (Act) (7 
U.S.C. 2101-2118). These 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 producers to demand a refund of assessments.
    On December 18, 2020, USDA issued a determination based on its 
review not to conduct a referendum regarding the 1991 amendments to the 
Order (85 FR 82426); 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.
    Pursuant to section 8(c) of the Act, USDA provided all eligible 
Upland cotton producers and importers of cotton and cotton-containing 
products an opportunity to sign up and request a continuance referendum 
regarding the 1991 amendments to the Order from June 21, 2021, until 
July 2, 2021 (86 FR 20255). During the counting and verification of 
sign-up requests, the AMS learned that the United States Postal Service 
(USPS) erroneously closed the Post Office Box AMS used to receive sign-
up requests, and USPS returned mail contained within the box. Given 
this error by the USPS and not knowing how many pieces of mail were 
contained in the box, AMS believed it was necessary to reopen the sign-
up period to allow for any eligible importers and producers to submit a 
request in the event any sign-ups submitted during the original sign-up 
were not received by AMS.
    On September 21, 2021, USDA issued a direct final rule indicating 
that the sign-up period would be reopened October 18, 2021 through 
October 29, 2021. (86 FR 52397).
    During the period of June 21, 2021, through July 2, 2021, and 
October 18, 2021, through October 29, 2021, USDA provided an 
opportunity for eligible cotton producers and importers to request a 
continuance referendum regarding the 1991 amendments to the Order 
provided for in the Act. Sign-up requests from both sign-up periods 
were considered.
    Sign-up period results showed that USDA received 3 valid requests 
from eligible producers and importers. The following table depicts the 
number of requests for a continuance referendum.

------------------------------------------------------------------------
                                                           Total sign-up
            Farm service agency state office                 requests
------------------------------------------------------------------------
Alabama.................................................               0
Arizona.................................................               0
Arkansas................................................               0
California..............................................               0
Florida.................................................               0
Georgia.................................................               0
Illinois................................................               0
Kansas..................................................               0
Kentucky................................................               0
Louisiana...............................................               0
Mississippi.............................................               0
Missouri................................................               0
Nevada..................................................               0
New Mexico..............................................               0
North Carolina..........................................               2
Oklahoma................................................               0
South Carolina..........................................               0
Tennessee...............................................               0
Texas...................................................               0
Virginia................................................               0
Importers...............................................               1
                                                         ---------------
    Total...............................................               3
------------------------------------------------------------------------

    Section 8(c)(2) of the Act, provides that following a sign-up 
period, USDA shall conduct a referendum upon the request of 10 percent 
or more of the number of cotton producers and importers voting in the 
most recent referendum (1991). This would require 10 percent or 4,622 
(46,220 x .10 = 4,622) of the 46,220 valid ballots cast by cotton 
producers and importers in the July 1991 referendum. It is further 
provided that, in counting such request not more than 20 percent may be 
from producers from any one state or importers of cotton.
    The results of this sign-up period did not meet the criteria as 
established by the Act for a continuance referendum, and, therefore, a 
referendum will not be conducted. USDA bases this determination on the 
fact that the three valid requests received during the sign-up period 
is less than the 4,622 required.
    With this announcement of the results of the sign-up period, USDA 
has completed all requirements set forth in Section 8(c)(1) and (2) of 
the Act regarding the review of the Cotton Research and Promotion 
Program to

[[Page 72204]]

determine if a continuance referendum is warranted. A referendum will 
not be conducted, and no further actions are planned in connection with 
this review.

(Authority: 7 U.S.C. 2101-2118.)

Melissa Bailey,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2021-27577 Filed 12-20-21; 8:45 am]
BILLING CODE 3410-02-P