[Federal Register Volume 62, Number 121 (Tuesday, June 24, 1997)]
[Notices]
[Pages 34042-34043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16413]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 /
Notices
[[Page 34042]]
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DEPARTMENT OF AGRICULTURE
Agriculture Marketing Service
[CN-97-004]
Cotton Research and Promotion Program: Determination of Whether
To Conduct a Referendum Regarding 1990 Amendments to the Cotton
Research and Promotion Act
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice.
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SUMMARY: This notice announces the Department's determination not to
conduct a continuance referendum regarding the 1990 amendments to the
Cotton Research and Promotion Act. This determination is based on the
results of a sign-up period conducted January 15 through April 14,
1997, during which all persons paying assessments to this program were
provided the opportunity to request a referendum.
FOR FURTHER INFORMATION CONTACT: Craig Shackelford, Chief, Research and
Promotion Staff, Cotton Division, AMS, USDA, Stop 0224, 1400
Independence Avenue, SW, Washington, D.C. 20250-0224. Telephone (202)
720-2259, facsimile (202) 690-1718.
SUPPLEMENTARY INFORMATION: During the period January 15 through April
14, 1997, the Department, pursuant to Section 8(c)(1) of the Cotton
Research and Promotion Act provided an opportunity, a sign-up period,
for all eligible persons to request a continuance referendum on the
1990 Act amendments. Sign-up period results showed that a total of
1,223 valid requests were received by the Department from eligible
persons in various states and from importers. The following table
depicts the number of requests for a continuance referendum.
------------------------------------------------------------------------
Sign up
FSA state office request
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Alabama....................................................... 5
Arizona....................................................... 35
Arkansas...................................................... 1
California.................................................... 0
Florida....................................................... 26
Georgia....................................................... 52
Kansas........................................................ 0
Kentucky...................................................... 1
Louisiana..................................................... 208
Mississippi................................................... 62
Missouri...................................................... 7
New Mexico.................................................... 24
North Carolina................................................ 145
Oklahoma...................................................... 18
South Carolina................................................ 1
Tennessee..................................................... 47
Texas......................................................... 296
Virginia...................................................... 44
Importers..................................................... 251
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Total..................................................... 1,223
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Section 8(c)(2) of the Cotton Research and Promotion Act (Act),
provides that following a sign-up period, the Secretary 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
requests not more than 20 percent may be from producers from any one
state or importers of cotton.
The Department finds that the results of the sign-up period did not
meet the criteria requiring a continuance referendum by the Cotton
Research and Promotion Act. The Department bases this determination on
the fact that the 1,223 requests received during the sign-up period, is
less than the 4,622 required.
Background
On November 28, 1990, Congress, as part of the Food, Agriculture,
Trade and Conservation Act of 1990, enacted amendments to the Cotton
Research and Promotion Act. These amendments provided for: (1) importer
representation on the Cotton Board by an appropriate number of persons
to be determined by the Secretary who import cotton or cotton products
into the U.S., and are selected by the Secretary from nominations
submitted by importer organizations certified by the Secretary; (2)
assessments levied on imported cotton and cotton products at a rate
determined in the same manner as for U.S. cotton; (3) increase in the
amount the Secretary can be reimbursed for conduct of a referendum from
$200,000 to $300,000; (4) reimbursement of government agencies which
assist in administering the collection of assessments on imported
cotton and cotton products; and (5) termination of the right of
producers to demand a refund of assessments.
In July 9, 1991, (56 FR 31289) the Agricultural Marketing Service
(AMS) issued a proposal to amend the Cotton Research and Promotion
Order. To determine if a majority, 50 percent or more, of producers and
importers favored implementation of the proposed amendments to the
Order, the Department conducted a referendum among persons who had been
cotton producers or cotton importers during a representative period.
Results of the July 1991 referendum showed that of the 46,220 valid
ballots received, 27,879 or 60 percent of the persons voting, 27,638
cotton producers and 241 importers, favored the amendments to the
Order, and 18,341 or 40 percent, 17,957 cotton producers and 384 cotton
importers, opposed the amendments to the Order.
Following the July 1991 referendum, AMS implemented the amendments.
In addition to the previously discussed amendments to the Act and
Order, the Department is required by Section 8(c)(1) to: (1) conduct a
review once every 5 years after the anniversary date of the referendum
implementing the 1990 Act amendments to determine whether a referendum
is necessary and; (2) make public the results of such a review within
60 days after each fifth anniversary date of the 1991 implementing
referendum. Should the review indicate that a referendum is needed, the
Department is directed to conduct the referendum within 12 months after
a public announcement of review results.
Should the review indicate that a referendum is not warranted,
Section 8(c)(2) includes provisions for producers and importers to
request a continuance referendum through a sign-up period.
Pursuant to the Act, on October 8, 1996, the Department announced
its determination (61 FR 52772), based on a review report titled
``Cotton Research
[[Page 34043]]
and Promotion Five Year Review'', not to conduct a referendum on its
own initiative among cotton producers and importers regarding the
continuation of the 1990 Act amendments.
The report describes the impact of the Cotton Research and
Promotion Program on the cotton industry and the views of those
receiving its benefits. It states that the 1990 amendments to the
Cotton Research and Promotion Act were successfully implemented and are
operating as intended. The report also states that there is a general
consensus within the cotton industry that the Cotton Research and
Promotion Program in general, and the import assessment and the
elimination of refunds in particular, are operating as intended. Based
on the findings of the report, the Department found no compelling
reason to conduct a referendum regarding the 1990 Act amendments, even
though the report did recognize that some program participants were in
favor of a referendum.
If the Secretary does not provide for such a referendum on the
Secretary's own initiative, the Act provides that the Secretary shall
conduct such a referendum upon the request of 10 percent or more of the
number of cotton producers and importers voting in the most recent
referendum. This would be accomplished through a sign-up period
conducted by the Department. Determination of sign up eligibility and
procedures for the conduct of the sign-up period were announced prior
to the start of the sign-up period in the Federal Register (62 FR
1659).
With this announcement of the results of the sign-up, the
Department has completed all requirements set forth in section 8(c) (1)
and (2) regarding the review of the Cotton Research and Promotion
Program to determine if a 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.
Dated: June 18, 1997.
D. Michael Holbrook,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 97-16413 Filed 6-23-97; 8:45 am]
BILLING CODE 3410-02-P
