Section R3-9-303. Weather Related Extensions

A.      For the purpose of this Section:

1.        “Council” means the Arizona Cotton Research and Pro- tection Council.

2.        “Qualifying weather event” means substantial interfer- ence with post-harvest activities as outlined in (E)(1) to detach the cotton root from the soil caused by significant rain or moisture or by sustained winds within an estab- lished PM10 nonattainment area.

B.       A cotton producer may request an extension of the tillage deadline in R3-4-204(E) based on a qualifying weather event that has delayed or prevented compliance.

C.      A cotton producer requesting an extension shall submit the fol- lowing information to the Council Staff Director:

1.        The producer’s name, address, and telephone number;

2.        The registered Farm Service Agency (FSA) farm names of the farms for which the extension is requested;

3.        The legal description of the fields or an accurate scale farm map of the fields for which the extension is requested;

4.        A detailed description of the qualifying weather events supporting the extension request, including the dates of the events; and

5.        The number of days requested as an extension of the till- age deadline.

D.      Submission Deadline.

1.        Extension requests shall be received a minimum of one business day prior to the tillage deadline.

2.        Extension requests that are illegible or missing informa- tion required by subsection (C) shall be considered incomplete and returned to the requestor with a written explanation of the deficiencies. Corrected extension requests shall also be received a minimum of one busi- ness day prior to the tillage deadline.

E.       Administrative Review.

1.        The Council Staff Director may amend, grant or deny a request for extension based on the information provided and any other relevant information available, including but not limited to data collected from meteorological sources, staff recommendations, field notes and photo- graphs.

2.        The Council Staff Director shall issue a written notice granting or denying an extension request within ten busi- ness days of receipt of a complete request advising whether or not the request fell within the parameters of a qualified weather event.

F.       Blanket Extensions. The Council, by vote, may authorize a blanket weather-related extension for a county, cultural zone or a subset of either based on an area-wide qualifying weather event or events.

Historical Note

Section made by emergency rulemaking at 20 A.A.R. 124, effective January 10, 2014, for 180 days (Supp. 14- 1). Emergency expired; new Section made by final rulemaking at 20 A.A.R. 2521, effective August 18, 2014

2014 (Supp. 14-3).