Egg Research and Promotion: Updates to Patents, Copyrights, Trademarks, and Information Provisions, 14021-14022 [2016-05838]
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mstockstill on DSK4VPTVN1PROD with PROPOSALS
Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules
attend the meeting and participate in
Committee deliberations on all issues.
Like all Committee meetings, the
December 9, 2015, meeting was a public
meeting and all entities, both large and
small, were able to express views on
this issue. Finally, interested persons
are invited to submit comments on this
proposed rule, including the regulatory
and informational impacts of this action
on small businesses.
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the order’s information
collection requirements have been
previously approved by the Office of
Management and Budget (OMB) and
assigned OMB No. 0581–0189 (Generic
Fruit Crops). No changes in those
requirements as a result of this action
are necessary. Should any changes
become necessary, they would be
submitted to OMB for approval.
This proposed rule would impose no
additional reporting or recordkeeping
requirements on either small or large
Florida avocado handlers. As with all
Federal marketing order programs,
reports and forms are periodically
reviewed to reduce information
requirements and duplication by
industry and public sector agencies.
AMS is committed to complying with
the E-Government Act, to promote the
use of the Internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
USDA has not identified any relevant
Federal rules that duplicate, overlap, or
conflict with this action.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov/
rules-regulations/moa/small-businesses.
Any questions about the compliance
guide should be sent to Antoinette
Carter at the previously-mentioned
address in the FOR FURTHER INFORMATION
CONTACT section.
A 30-day comment period is provided
to allow interested persons to respond
to this proposed rule. Thirty days is
deemed appropriate because: (1) The
2016–17 fiscal period begins on April 1,
2016, and the marketing order requires
that the rate of assessment for each
fiscal period apply to all assessable
avocados handled during such fiscal
period; (2) the Committee needs to have
sufficient funds to pay its expenses
which are incurred on a continuous
basis; and (3) handlers are aware of this
action which was recommended by the
Committee at a public meeting and is
similar to other assessment rate actions
issued in past years.
VerDate Sep<11>2014
16:39 Mar 15, 2016
Jkt 238001
List of Subjects in 7 CFR Part 915
Avocados, Marketing agreements,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 7 CFR part 915 is proposed to
be amended as follows:
PART 915—AVOCADOS GROWN IN
SOUTH FLORIDA
1. The authority citation for 7 CFR
part 915 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
2. Section 915.235 is revised to read
as follows:
■
§ 915.235
Assessment rate.
On and after April 1, 2016, an
assessment rate of $0.35 per 55-pound
container or equivalent is established
for avocados grown in South Florida.
Dated: March 10, 2016.
Elanor Starmer,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 2016–05834 Filed 3–15–16; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1250
[Doc. No. AMS–LPS–15–0042]
Egg Research and Promotion: Updates
to Patents, Copyrights, Trademarks,
and Information Provisions
Agricultural Marketing Service,
USDA.
ACTION: Proposed rule.
AGENCY:
This proposed rule would
update the Patents, Copyrights,
Trademarks, and Information Language
(IP) of the Egg Research and Promotion
Rules and Regulations (Regulations).
The proposed amendment would model
current commodity research and
promotion program orders created
under the Commodity Promotion,
Research, and Information Act of 1996.
DATES: Comments must be received by
May 16, 2016.
FOR FURTHER INFORMATION CONTACT:
Kenneth R. Payne, Research and
Promotion Division; Livestock, Poultry,
and Seed Program; AMS, USDA; 1400
Independence Avenue SW., Room
2096–S; Washington, DC 20250;
telephone: (202) 720–5705; fax (202)
720–1125; or email: Kenneth.Payne@
ams.usda.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
14021
Executive Order 12866
The Office of Management and Budget
(OMB) has waived the review process
required by Executive Order 12866 for
this action.
Executive Order 12988
This proposed rule was reviewed
under Executive Order 12988, Civil
Justice Reform. It is not intended to
have a retroactive effect. This action
would not preempt any State or local
laws, regulations, or policies unless they
present an irreconcilable conflict with
this proposed rule. The Egg Research
and Consumer Information Act (Act), 7
U.S.C. 2701 et seq., provides that
administrative proceedings be filed
before parties may consider suit in
court. Under section 14 of the Act, 7
U.S.C. 2713, a person subject to the Egg
Promotion and Research Order (Order)
may file a petition with the U.S.
Department of Agriculture (USDA)
stating that the Order, any provision of
the Order, or any obligation imposed in
connection with the Order, is not in
accordance with the law and request a
modification of the Order or an
exemption from the Order. The
petitioner is afforded the opportunity
for a hearing on the petition. After a
hearing, USDA would rule on the
petition. The Act provides that district
courts of the United States in any
district in which such person is an
inhabitant, or has their principal place
of business, has jurisdiction to review
USDA’s ruling on the petition, if a
complaint for this purpose is filed
within 20 days after the date of the entry
of the ruling.
Regulatory Flexibility Act
In accordance with the Regulatory
Flexibility Act (RFA) [5 U.S.C. 601–
612], the Agricultural Marketing Service
(AMS) has determined that this rule will
not have a significant economic impact
on a substantial number of small entities
as defined by RFA. The purpose of RFA
is to fit regulatory action to scale on
businesses subject to such action so that
small businesses will not be
disproportionately burdened. As such,
these changes will not impose a
significant impact on persons subject to
the program.
According to the American Egg Board
(Board), around 181 producers are
subject to the provisions of the Order,
including paying assessments. Under
the current Order, producers in the 48
contiguous United States and the
District of Columbia who own more
than 75,000 laying hens each currently
pay a mandatory assessment of 10 cents
per 30-dozen case of eggs. Handlers are
E:\FR\FM\16MRP1.SGM
16MRP1
14022
Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules
responsible for collecting and remitting
assessments to the Board. There are
approximately 138 egg handlers who
collect assessments. Assessments under
the program are used by the Board to
finance promotion, research, and
consumer information programs
designed to increase consumer demand
for eggs in domestic and international
markets.
In 13 CFR part 121, the Small
Business Administration (SBA) defines
small agricultural producers as those
having annual receipts of no more than
$750,000 and small agricultural service
firms as those having annual receipts of
no more than $7 million. Under this
definition, the vast majority of the egg
producers that would be affected by this
rulemaking would not be considered
small entities. Producers owning 75,000
or fewer laying hens are eligible to be
exempt from this program. This
rulemaking does not impose additional
recordkeeping requirements on egg
producers or collecting handlers. There
are no federal rules that duplicate,
overlap, or conflict with this proposed
rule.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Paperwork Reduction Act
In accordance with OMB regulation 5
CFR part 1320, which implements the
Paperwork Reduction Act of 1995 [44
U.S.C. Chapter 35], the information
collection and recordkeeping
requirements that are imposed by the
Order and Rules and Regulations have
been approved previously under OMB
control number 0581–0093. This
proposed rule does not result in a
change to those information collection
and recordkeeping requirements.
Background
The Act established a national egg
research and promotion program—
administered by the Board—that is
financed through industry assessments
and subject to oversight by USDA’s
Agricultural Marketing Service. This
program of promotion, research, and
consumer information is designed to
strengthen the position of eggs in the
marketplace and to establish, maintain,
and expand markets for eggs.
Under the current Regulations
initially established in 1976, any IP
financed by assessment funds or other
revenues of the Board shall become
property of the U.S. Government as
represented by the Board. The language
does not allow for alternative ownership
arrangements. In addition, there is no
explicit allowance for alternative
ownership arrangements in cases where
the Board is not providing all of the
funding for a project. The current
language in the Regulation has made
VerDate Sep<11>2014
16:39 Mar 15, 2016
Jkt 238001
negotiating contracts for shared
ownership of IP rights with research
entities difficult and in some cases
impossible. Specifically, a majority of
university policies typically reflect a
requirement for the university to own
any IP created under research projects
they conduct, even if the project is
funded with outside money. These
university policies have made it
difficult for the Board to contract with
universities for research due to the IP
ownership requirements contained in
the Regulation. As a result, USDA is
proposing to amend § 1250.542 of the
Regulations to incorporate language
utilized by research and promotion
boards created under the Commodity
Promotion, Research, and Information
Act of 1996, 7 U.S.C. 7411 et seq., that
would provide the Board with some
flexibility in negotiating the ownership
of IP rights.
The research and promotion boards
created under the Commodity
Promotion, Research and Information
Act of 1996 have utilized the language
proposed herein to negotiate IP
ownership rights to effectively expend
assessment funds to promote
agricultural commodities. Currently, the
Regulations state that IP accruing from
work funded by the Board shall become
property of the U.S Government as
represented by the Board and that IP
may be licensed subject to approval by
the Secretary of Agriculture (Secretary).
This proposed rule would change the
language to allow that ownership of any
IP developed during a project funded by
the Board to be determined by
agreement between the Board and
another party, which will provide the
Board with the flexibility it needs to
negotiate contracts for projects that may
involve IP rights.
List of Subjects in 7 CFR Part 1250
Administrative practice and
procedure, Advertising, Agricultural
research, Eggs and egg products,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, it is proposed that 7 CFR part
1250 be amended as follows:
§ 1250.542 Patents, copyrights, inventions,
trademarks, information, publications, and
product formulations.
(a) Any patents, copyrights,
inventions, trademarks, information,
publications, or product formulations
developed through the use of funds
collected by the Board under the
provisions of this subpart shall be the
property of the U.S. Government, as
represented by the Board, and shall,
along with any rents, royalties, residual
payments, or other income from the
rental, sales, leasing, franchising, or
other uses of such patents, copyrights,
inventions, trademarks, information,
publications, or product formulations,
inure to the benefit of the Board; shall
be considered income subject to the
same fiscal, budget, and audit controls
as other funds of the Board; and may be
licensed subject to approval by the
Secretary. Upon termination of this
subpart, § 1250.358 shall apply to
determine disposition of all such
property.
(b) Should patents, copyrights,
inventions, trademarks, information,
publications, or product formulations be
developed through the use of funds
collected by the Board under this
subpart and funds contributed by
another organization or person,
ownership and related rights to such
patents, copyrights, inventions,
trademarks, information, publications,
or product formulations shall be
determined by agreement between the
Board and the party contributing funds
towards the development of such
patents, copyrights, inventions,
trademarks, information, publications,
or product formulations in a manner
consistent with paragraph (a) of this
section.
Dated: March 10, 2016.
Elanor Starmer,
Acting Administrator.
[FR Doc. 2016–05838 Filed 3–15–16; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1260
[No. AMS–LPS–15–0084]
PART 1250—EGG RESEARCH AND
PROMOTION
1. The authority citation of 7 CFR part
1250 continues to read as follows:
■
Authority: 7 U.S.C. 2701–2718 and 7
U.S.C. 7401.
2. Revise § 1250.542 to read as
follows:
■
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
Amendment to the Beef Promotion and
Research Rules and Regulations
Agricultural Marketing Service,
USDA.
ACTION: Proposed rule.
AGENCY:
This proposed rule would
amend the Beef Promotion and Research
Order (Order) established under the
SUMMARY:
E:\FR\FM\16MRP1.SGM
16MRP1
]]>Agencies
[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Proposed Rules]
[Pages 14021-14022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05838]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1250
[Doc. No. AMS-LPS-15-0042]
Egg Research and Promotion: Updates to Patents, Copyrights,
Trademarks, and Information Provisions
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would update the Patents, Copyrights,
Trademarks, and Information Language (IP) of the Egg Research and
Promotion Rules and Regulations (Regulations). The proposed amendment
would model current commodity research and promotion program orders
created under the Commodity Promotion, Research, and Information Act of
1996.
DATES: Comments must be received by May 16, 2016.
FOR FURTHER INFORMATION CONTACT: Kenneth R. Payne, Research and
Promotion Division; Livestock, Poultry, and Seed Program; AMS, USDA;
1400 Independence Avenue SW., Room 2096-S; Washington, DC 20250;
telephone: (202) 720-5705; fax (202) 720-1125; or email:
Kenneth.Payne@ams.usda.gov.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
The Office of Management and Budget (OMB) has waived the review
process required by Executive Order 12866 for this action.
Executive Order 12988
This proposed rule was reviewed under Executive Order 12988, Civil
Justice Reform. It is not intended to have a retroactive effect. This
action would not preempt any State or local laws, regulations, or
policies unless they present an irreconcilable conflict with this
proposed rule. The Egg Research and Consumer Information Act (Act), 7
U.S.C. 2701 et seq., provides that administrative proceedings be filed
before parties may consider suit in court. Under section 14 of the Act,
7 U.S.C. 2713, a person subject to the Egg Promotion and Research Order
(Order) may file a petition with the U.S. Department of Agriculture
(USDA) stating that the Order, any provision of the Order, or any
obligation imposed in connection with the Order, is not in accordance
with the law and request a modification of the Order or an exemption
from the Order. The petitioner is afforded the opportunity for a
hearing on the petition. After a hearing, USDA would rule on the
petition. The Act provides that district courts of the United States in
any district in which such person is an inhabitant, or has their
principal place of business, has jurisdiction to review USDA's ruling
on the petition, if a complaint for this purpose is filed within 20
days after the date of the entry of the ruling.
Regulatory Flexibility Act
In accordance with the Regulatory Flexibility Act (RFA) [5 U.S.C.
601-612], the Agricultural Marketing Service (AMS) has determined that
this rule will not have a significant economic impact on a substantial
number of small entities as defined by RFA. The purpose of RFA is to
fit regulatory action to scale on businesses subject to such action so
that small businesses will not be disproportionately burdened. As such,
these changes will not impose a significant impact on persons subject
to the program.
According to the American Egg Board (Board), around 181 producers
are subject to the provisions of the Order, including paying
assessments. Under the current Order, producers in the 48 contiguous
United States and the District of Columbia who own more than 75,000
laying hens each currently pay a mandatory assessment of 10 cents per
30-dozen case of eggs. Handlers are
[[Page 14022]]
responsible for collecting and remitting assessments to the Board.
There are approximately 138 egg handlers who collect assessments.
Assessments under the program are used by the Board to finance
promotion, research, and consumer information programs designed to
increase consumer demand for eggs in domestic and international
markets.
In 13 CFR part 121, the Small Business Administration (SBA) defines
small agricultural producers as those having annual receipts of no more
than $750,000 and small agricultural service firms as those having
annual receipts of no more than $7 million. Under this definition, the
vast majority of the egg producers that would be affected by this
rulemaking would not be considered small entities. Producers owning
75,000 or fewer laying hens are eligible to be exempt from this
program. This rulemaking does not impose additional recordkeeping
requirements on egg producers or collecting handlers. There are no
federal rules that duplicate, overlap, or conflict with this proposed
rule.
Paperwork Reduction Act
In accordance with OMB regulation 5 CFR part 1320, which implements
the Paperwork Reduction Act of 1995 [44 U.S.C. Chapter 35], the
information collection and recordkeeping requirements that are imposed
by the Order and Rules and Regulations have been approved previously
under OMB control number 0581-0093. This proposed rule does not result
in a change to those information collection and recordkeeping
requirements.
Background
The Act established a national egg research and promotion program--
administered by the Board--that is financed through industry
assessments and subject to oversight by USDA's Agricultural Marketing
Service. This program of promotion, research, and consumer information
is designed to strengthen the position of eggs in the marketplace and
to establish, maintain, and expand markets for eggs.
Under the current Regulations initially established in 1976, any IP
financed by assessment funds or other revenues of the Board shall
become property of the U.S. Government as represented by the Board. The
language does not allow for alternative ownership arrangements. In
addition, there is no explicit allowance for alternative ownership
arrangements in cases where the Board is not providing all of the
funding for a project. The current language in the Regulation has made
negotiating contracts for shared ownership of IP rights with research
entities difficult and in some cases impossible. Specifically, a
majority of university policies typically reflect a requirement for the
university to own any IP created under research projects they conduct,
even if the project is funded with outside money. These university
policies have made it difficult for the Board to contract with
universities for research due to the IP ownership requirements
contained in the Regulation. As a result, USDA is proposing to amend
Sec. 1250.542 of the Regulations to incorporate language utilized by
research and promotion boards created under the Commodity Promotion,
Research, and Information Act of 1996, 7 U.S.C. 7411 et seq., that
would provide the Board with some flexibility in negotiating the
ownership of IP rights.
The research and promotion boards created under the Commodity
Promotion, Research and Information Act of 1996 have utilized the
language proposed herein to negotiate IP ownership rights to
effectively expend assessment funds to promote agricultural
commodities. Currently, the Regulations state that IP accruing from
work funded by the Board shall become property of the U.S Government as
represented by the Board and that IP may be licensed subject to
approval by the Secretary of Agriculture (Secretary). This proposed
rule would change the language to allow that ownership of any IP
developed during a project funded by the Board to be determined by
agreement between the Board and another party, which will provide the
Board with the flexibility it needs to negotiate contracts for projects
that may involve IP rights.
List of Subjects in 7 CFR Part 1250
Administrative practice and procedure, Advertising, Agricultural
research, Eggs and egg products, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, it is proposed that 7
CFR part 1250 be amended as follows:
PART 1250--EGG RESEARCH AND PROMOTION
0
1. The authority citation of 7 CFR part 1250 continues to read as
follows:
Authority: 7 U.S.C. 2701-2718 and 7 U.S.C. 7401.
0
2. Revise Sec. 1250.542 to read as follows:
Sec. 1250.542 Patents, copyrights, inventions, trademarks,
information, publications, and product formulations.
(a) Any patents, copyrights, inventions, trademarks, information,
publications, or product formulations developed through the use of
funds collected by the Board under the provisions of this subpart shall
be the property of the U.S. Government, as represented by the Board,
and shall, along with any rents, royalties, residual payments, or other
income from the rental, sales, leasing, franchising, or other uses of
such patents, copyrights, inventions, trademarks, information,
publications, or product formulations, inure to the benefit of the
Board; shall be considered income subject to the same fiscal, budget,
and audit controls as other funds of the Board; and may be licensed
subject to approval by the Secretary. Upon termination of this subpart,
Sec. 1250.358 shall apply to determine disposition of all such
property.
(b) Should patents, copyrights, inventions, trademarks,
information, publications, or product formulations be developed through
the use of funds collected by the Board under this subpart and funds
contributed by another organization or person, ownership and related
rights to such patents, copyrights, inventions, trademarks,
information, publications, or product formulations shall be determined
by agreement between the Board and the party contributing funds towards
the development of such patents, copyrights, inventions, trademarks,
information, publications, or product formulations in a manner
consistent with paragraph (a) of this section.
Dated: March 10, 2016.
Elanor Starmer,
Acting Administrator.
[FR Doc. 2016-05838 Filed 3-15-16; 8:45 am]
BILLING CODE 3410-02-P
