Amendment to the Beef Promotion and Research Rules and Regulations, 14022-14024 [2016-05859]
Download as PDF
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
Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules
Beef Promotion and Research Act of
1985 (Act) to increase assessment levels
for imported veal and veal products
based on revised determinations of live
animal equivalencies and to update and
expand the Harmonized Tariff System
(HTS) numbers and categories, which
identify imported veal and veal
products to conform with recent
updates in the numbers and categories
used by the U.S. Customs and Border
Protection (Customs).
DATES: Comments must be received by
May 16, 2016.
ADDRESSES: Comments should be posted
online at www.regulations.gov.
Comments received will be posted
without change, including any personal
information provided. All comments
should reference the docket number,
AMS–LPS–15–0084; the date of
submission; and the page number of this
issue of the Federal Register. Comments
may also be sent to Mike Dinkel,
Promotion and Research Division,
Livestock, Poultry, and Seed Program,
Agricultural Marketing Service,
Department of Agriculture, Room 2610–
S, STOP 0251, 1400 Independence
Avenue SW., Washington, DC 20250–
0251; or via Fax to (202) 720–1125.
Comments will be made available for
public inspection at the above address
during regular business hours or via the
Internet at www.regulations.gov.
Comments must be received by May 16,
2016.
FOR FURTHER INFORMATION CONTACT:
Mike Dinkel, Agricultural Marketing
Specialist; Research and Promotion
Division, Room 2610–S; Livestock,
Poultry and Seed Program; Agricultural
Marketing Service, USDA; STOP 0251;
1400 Independence Avenue SW.,
Washington, DC 20250–0251; facsimile
(202) 720–1125; telephone (301) 352–
7497, or by email at Michael.Dinkel@
ams.usda.gov.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK4VPTVN1PROD with PROPOSALS
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 has been reviewed
under Executive Order 12988, Civil
Justice Reform. This rule is not intended
to have a retroactive effect.
Section 11 of the Act provides that
nothing in the Act may be construed to
preempt or supersede any other program
relating to beef promotion organized
and operated under the laws of the U.S.
or any State. There are no
administrative proceedings that must be
VerDate Sep<11>2014
16:39 Mar 15, 2016
Jkt 238001
exhausted prior to any judicial
challenge to the provisions of this rule.
Regulatory Flexibility Act
Pursuant to requirements set forth in
the Regulatory Flexibility Act (RFA) (5
U.S.C. 601 et seq.), the Acting
Administrator of AMS has considered
the economic effect of this action on
small entities and has determined that
this proposed rule will not have a
significant economic impact on a
substantial number of small business
entities. The effect of the Beef Order
upon small entities was discussed in the
July 18, 1986, Federal Register [51 FR
26132]. The purpose of RFA is to fit
regulatory actions to the scale of
businesses subject to such actions in
order that small businesses will not be
unduly burdened.
There are approximately 270
importers who import beef or edible
beef products into the U.S. and 198
importers who import live cattle into
the U.S. The majority of these
operations subject to the Beef Order are
considered small businesses under the
criteria established by the Small
Business Administration (SBA)[13 CFR
121.201]. SBA defines small agricultural
service firms as those having annual
receipts of $7.5 million or less.
The proposed rule will impose no
significant burden on the industry. It
will merely update and expand the HTS
numbers and categories for veal and
veal products to conform to recent
updates in the numbers and categories
used by Customs. This proposed rule
will adjust the live animal equivalencies
used to determine the amount of
assessments collected on imported veal
and veal products. This adjustment
reflects an increase in the assessment of
imported veal product so that it
coincides with the assessment on
domestic veal product. Accordingly, the
Acting Administrator of AMS has
determined that this action will not
have a significant impact on a
substantial number of small entities.
Paperwork Reduction Act
In accordance with the Office of
Management and Budget (OMB)
regulations [5 CFR part 1320] that
implement the Paperwork Reduction
Act of 1995 [44 U.S.C. Chapter 35], the
information collection and
recordkeeping requirements contained
in the Beef Order and Rules and
Regulations have previously been
approved by OMB under OMB control
number 0581–0093.
Background
The Act authorized the establishment
of a national beef promotion and
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
14023
research program. The final Beef Order
was published in the Federal Register
on July 18, 1986, (51 FR 21632), and the
collection of assessments began on
October 1, 1986. The program is
administered by the Cattlemen’s Beef
Promotion and Research Board (Board),
appointed by the Secretary of
Agriculture (Secretary) from industry
nominations, and composed of 100
cattle producers and importers. The
program is funded by a $1-per-head
assessment on producer marketing of
cattle in the U.S. and on imported cattle
as well as an equivalent amount on
imported beef and beef products.
Importers pay assessments on
imported cattle, beef, and beef products.
Customs collects and remits the
assessment to the Board. The term
‘‘importer’’ is defined as ‘‘any person
who imports cattle, beef, or beef
products from outside the United
States.’’ Imported beef or beef products
is defined as ‘‘products which are
imported into the United States which
the Secretary determines contain a
substantial amount of beef including
those products which have been
assigned one or more of the following
numbers in the Tariff Schedule of the
United States.’’
The purpose of this proposed rule is
to update, expand, and revise the table
found under § 1260.172 (7 CFR
1260.172) to reflect the current HTS
numbers and assessments on veal and
veal products.
As a result of these changes to HTS,
there are 6 new categories that cover
imported veal and veal products subject
to assessment. The 30 categories
identifying imported beef and beef
products have been expanded to 66
categories.
This proposed rule updates and
expands the chart published in the 2006
final rule to conform with recent
changes to the HTS numbering system
and revises the live weight equivalents
used to calculate import veal
assessments. Importers are currently
paying a lower assessment level for
imported veal and veal products than
what is being paid for domestic veal and
veal products. At that time, the average
dressed weight of veal slaughtered
under Federal inspection was
determined to be 154 pounds. USDA
determined that using the average
dressed weight of domestic veal
slaughtered under Federal inspection
would be most suitable because most of
the imported veal and veal products
were similar to domestic veal.
The Act requires that assessments on
imported beef and beef products be
determined by converting such imports
into live animal equivalents to ascertain
E:\FR\FM\16MRP1.SGM
16MRP1
14024
Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules
the corresponding number of head of
cattle. Carcass weight is the principle
factor in calculating live animal
equivalents.
Prior to publishing the proposed rule,
USDA received information from the
Board regarding imported veal
assessments on April 7, 2015. The Board
requested to expand the number of HTS
codes for imported veal and veal
products in order to capture product
that is not currently being assessed and
to update the live animal equivalency
rate on imported veal to reflect the same
assessment as domestic veal and veal
products. The Board also suggested that
AMS update the dressed veal weight to
better reflect current dressed veal
weights. The Board recommends using
an average dressed veal weight from
2010 to the most current data. The
Board states that ‘‘establishing an
average over this period of time takes
into account short term highs and lows
due to the cattle cycle, weather effects,
and feed prices.’’ This average would be
154 pounds.
List of Subjects in 7 CFR Part 1260
Administrative practice and
procedure, Advertising, Agricultural
research, Marketing agreements, Meat
and meat products, Beef, and Beef
products.
For the reasons set forth in the
preamble, title 7 of the CFR part 1260
is proposed to be amended as follows:
PART 1260—BEEF PROMOTION AND
RESEARCH
1. The authority citation for 7 CFR
part 1260 continues to read as follows:
■
Authority: 7 U.S.C. 2901–2911 and 7
U.S.C. 7401.
2. Amend § 1260.172 by revising
paragraph (b)(2) to read as follows:
■
§ 1260.172
Assessments.
*
*
*
*
*
(b) * * *
(2) The assessment rates for imported
cattle, beef, and beef products are as
follows:
IMPORTED LIVE CATTLE
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HTS No.
0102.10.0010
0102.10.0020
0102.10.0030
0102.10.0050
0102.90.2011
0102.90.2012
0102.90.4024
0102.90.4028
0102.90.4034
0102.90.4038
0102.90.4054
VerDate Sep<11>2014
............
............
............
............
............
............
............
............
............
............
............
Assessment rate
$1.00/head.
$1.00/head.
$1.00/head.
$1.00/head.
$1.00/head.
$1.00/head.
$1.00/head.
$1.00/head.
$1.00/head.
$1.00/head.
$1.00/head.
16:39 Mar 15, 2016
Jkt 238001
IMPORTED LIVE CATTLE—Continued
HTS No.
0102.90.4058
0102.90.4062
0102.90.4064
0102.90.4066
0102.90.4068
0102.90.4072
0102.90.4074
0102.90.4082
0102.90.4084
............
............
............
............
............
............
............
............
............
NEW IMPORTED (VEAL) BEEF AND
BEEF PRODUCTS
Assessment rate
$1.00/head.
$1.00/head.
$1.00/head.
$1.00/head.
$1.00/head.
$1.00/head.
$1.00/head.
$1.00/head.
$1.00/head.
0201.20.5010
0201.20.5020
0201.30.5010
0201.30.5020
0202.30.5010
0202.30.5020
*
IMPORTED BEEF AND BEEF PRODUCTS
Assessment
rate per kg
HTS No.
0201.10.0510
0201.10.0590
0201.10.1010
0201.10.1090
0201.10.5010
0201.10.5090
0201.20.0200
0201.20.0400
0201.20.0600
0201.20.1000
0201.20.3000
0201.20.5000
0201.20.8090
0201.30.0200
0201.30.0400
0201.30.0600
0201.30.1000
0201.30.3000
0201.30.5000
0201.30.8090
0202.10.0510
0202.10.0590
0202.10.1010
0202.10.1090
0202.10.5010
0202.10.5090
0202.20.0200
0202.20.0400
0202.20.0600
0202.20.1000
0202.20.3000
0202.20.5000
0202.20.8000
0202.30.0200
0202.30.0400
0202.30.0600
0202.30.1000
0202.30.3000
0202.30.5000
0202.30.8000
0206.10.0000
0206.21.0000
0206.22.0000
0206.29.0000
0210.20.0000
1601.00.4010
1601.00.4090
1601.00.6020
1602.50.0900
1602.50.1020
1602.50.1040
1602.50.2020
1602.50.2040
1602.50.6000
PO 00000
Frm 00006
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Fmt 4702
Sfmt 4702
.01693600
.00379102
.01693600
.00379102
.01693600
.00511787
.00530743
.00511787
.00379102
.00530743
.00511787
.00379102
.00379102
.00530743
.00511787
.00379102
.00530743
.00511787
.00511787
.00511787
.01693600
.00379102
.01693600
.00370102
.01693600
.00379102
.00530743
.00511787
.00379102
.00530743
.00511787
.00379102
.00379102
.00530743
.00511787
.00527837
.00530743
.00511787
.00511787
.00379102
.00379102
.00379102
.00379102
.00379102
.00615701
.00473877
.00473877
.00473877
.00663428
.00663428
.00663428
.00701388
.00701388
.00720293
Assessment
rate per kg
HTS No.
*
........................
........................
........................
........................
........................
........................
*
*
.01693600
.01693600
.01693600
.01693600
.01693600
.01693600
*
Dated: March 10, 2016.
Elanor Starmer,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 2016–05859 Filed 3–15–16; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket Number EERE–2016–BT–STD–
0004]
RIN 1904–AD61
Appliance Standards and Rulemaking
Federal Advisory Committee: Notice of
Open Meetings for the Circulator
Pumps Working Group To Negotiate a
Notice of Proposed Rulemaking
(NOPR) for Energy Conservation
Standards and Test Procedures
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of public meetings.
AGENCY:
The Department of Energy
(DOE) announces public meetings and
webinars for the Circulator Pumps
Working Group. The Federal Advisory
Committee Act requires that agencies
publish notice of an advisory committee
meeting in the Federal Register.
DATES: See SUPPLEMENTARY INFORMATION
section for meeting dates.
ADDRESSES: The meetings will be held at
U.S. Department of Energy, Building
Technologies Office, 950 L’Enfant Plaza,
6th Floor SW., Washington, DC, unless
otherwise stated in the SUPPLEMENTARY
INFORMATION section. Individuals will
also have the opportunity to participate
by webinar. To register for the webinars
and receive call-in information, please
register at DOE’s Web site: https://
www1.eere.energy.gov/buildings/
appliance_standards/standards.aspx
?productid=2.
SUMMARY:
Mr.
Joe Hagerman, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\16MRP1.SGM
16MRP1
Agencies
[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Proposed Rules]
[Pages 14022-14024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05859]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1260
[No. AMS-LPS-15-0084]
Amendment to the Beef Promotion and Research Rules and
Regulations
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would amend the Beef Promotion and Research
Order (Order) established under the
[[Page 14023]]
Beef Promotion and Research Act of 1985 (Act) to increase assessment
levels for imported veal and veal products based on revised
determinations of live animal equivalencies and to update and expand
the Harmonized Tariff System (HTS) numbers and categories, which
identify imported veal and veal products to conform with recent updates
in the numbers and categories used by the U.S. Customs and Border
Protection (Customs).
DATES: Comments must be received by May 16, 2016.
ADDRESSES: Comments should be posted online at www.regulations.gov.
Comments received will be posted without change, including any personal
information provided. All comments should reference the docket number,
AMS-LPS-15-0084; the date of submission; and the page number of this
issue of the Federal Register. Comments may also be sent to Mike
Dinkel, Promotion and Research Division, Livestock, Poultry, and Seed
Program, Agricultural Marketing Service, Department of Agriculture,
Room 2610-S, STOP 0251, 1400 Independence Avenue SW., Washington, DC
20250-0251; or via Fax to (202) 720-1125. Comments will be made
available for public inspection at the above address during regular
business hours or via the Internet at www.regulations.gov. Comments
must be received by May 16, 2016.
FOR FURTHER INFORMATION CONTACT: Mike Dinkel, Agricultural Marketing
Specialist; Research and Promotion Division, Room 2610-S; Livestock,
Poultry and Seed Program; Agricultural Marketing Service, USDA; STOP
0251; 1400 Independence Avenue SW., Washington, DC 20250-0251;
facsimile (202) 720-1125; telephone (301) 352-7497, or by email at
Michael.Dinkel@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 has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule is not intended to have a retroactive
effect.
Section 11 of the Act provides that nothing in the Act may be
construed to preempt or supersede any other program relating to beef
promotion organized and operated under the laws of the U.S. or any
State. There are no administrative proceedings that must be exhausted
prior to any judicial challenge to the provisions of this rule.
Regulatory Flexibility Act
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601 et seq.), the Acting Administrator of AMS has
considered the economic effect of this action on small entities and has
determined that this proposed rule will not have a significant economic
impact on a substantial number of small business entities. The effect
of the Beef Order upon small entities was discussed in the July 18,
1986, Federal Register [51 FR 26132]. The purpose of RFA is to fit
regulatory actions to the scale of businesses subject to such actions
in order that small businesses will not be unduly burdened.
There are approximately 270 importers who import beef or edible
beef products into the U.S. and 198 importers who import live cattle
into the U.S. The majority of these operations subject to the Beef
Order are considered small businesses under the criteria established by
the Small Business Administration (SBA)[13 CFR 121.201]. SBA defines
small agricultural service firms as those having annual receipts of
$7.5 million or less.
The proposed rule will impose no significant burden on the
industry. It will merely update and expand the HTS numbers and
categories for veal and veal products to conform to recent updates in
the numbers and categories used by Customs. This proposed rule will
adjust the live animal equivalencies used to determine the amount of
assessments collected on imported veal and veal products. This
adjustment reflects an increase in the assessment of imported veal
product so that it coincides with the assessment on domestic veal
product. Accordingly, the Acting Administrator of AMS has determined
that this action will not have a significant impact on a substantial
number of small entities.
Paperwork Reduction Act
In accordance with the Office of Management and Budget (OMB)
regulations [5 CFR part 1320] that implement the Paperwork Reduction
Act of 1995 [44 U.S.C. Chapter 35], the information collection and
recordkeeping requirements contained in the Beef Order and Rules and
Regulations have previously been approved by OMB under OMB control
number 0581-0093.
Background
The Act authorized the establishment of a national beef promotion
and research program. The final Beef Order was published in the Federal
Register on July 18, 1986, (51 FR 21632), and the collection of
assessments began on October 1, 1986. The program is administered by
the Cattlemen's Beef Promotion and Research Board (Board), appointed by
the Secretary of Agriculture (Secretary) from industry nominations, and
composed of 100 cattle producers and importers. The program is funded
by a $1-per-head assessment on producer marketing of cattle in the U.S.
and on imported cattle as well as an equivalent amount on imported beef
and beef products.
Importers pay assessments on imported cattle, beef, and beef
products. Customs collects and remits the assessment to the Board. The
term ``importer'' is defined as ``any person who imports cattle, beef,
or beef products from outside the United States.'' Imported beef or
beef products is defined as ``products which are imported into the
United States which the Secretary determines contain a substantial
amount of beef including those products which have been assigned one or
more of the following numbers in the Tariff Schedule of the United
States.''
The purpose of this proposed rule is to update, expand, and revise
the table found under Sec. 1260.172 (7 CFR 1260.172) to reflect the
current HTS numbers and assessments on veal and veal products.
As a result of these changes to HTS, there are 6 new categories
that cover imported veal and veal products subject to assessment. The
30 categories identifying imported beef and beef products have been
expanded to 66 categories.
This proposed rule updates and expands the chart published in the
2006 final rule to conform with recent changes to the HTS numbering
system and revises the live weight equivalents used to calculate import
veal assessments. Importers are currently paying a lower assessment
level for imported veal and veal products than what is being paid for
domestic veal and veal products. At that time, the average dressed
weight of veal slaughtered under Federal inspection was determined to
be 154 pounds. USDA determined that using the average dressed weight of
domestic veal slaughtered under Federal inspection would be most
suitable because most of the imported veal and veal products were
similar to domestic veal.
The Act requires that assessments on imported beef and beef
products be determined by converting such imports into live animal
equivalents to ascertain
[[Page 14024]]
the corresponding number of head of cattle. Carcass weight is the
principle factor in calculating live animal equivalents.
Prior to publishing the proposed rule, USDA received information
from the Board regarding imported veal assessments on April 7, 2015.
The Board requested to expand the number of HTS codes for imported veal
and veal products in order to capture product that is not currently
being assessed and to update the live animal equivalency rate on
imported veal to reflect the same assessment as domestic veal and veal
products. The Board also suggested that AMS update the dressed veal
weight to better reflect current dressed veal weights. The Board
recommends using an average dressed veal weight from 2010 to the most
current data. The Board states that ``establishing an average over this
period of time takes into account short term highs and lows due to the
cattle cycle, weather effects, and feed prices.'' This average would be
154 pounds.
List of Subjects in 7 CFR Part 1260
Administrative practice and procedure, Advertising, Agricultural
research, Marketing agreements, Meat and meat products, Beef, and Beef
products.
For the reasons set forth in the preamble, title 7 of the CFR part
1260 is proposed to be amended as follows:
PART 1260--BEEF PROMOTION AND RESEARCH
0
1. The authority citation for 7 CFR part 1260 continues to read as
follows:
Authority: 7 U.S.C. 2901-2911 and 7 U.S.C. 7401.
0
2. Amend Sec. 1260.172 by revising paragraph (b)(2) to read as
follows:
Sec. 1260.172 Assessments.
* * * * *
(b) * * *
(2) The assessment rates for imported cattle, beef, and beef
products are as follows:
Imported Live Cattle
------------------------------------------------------------------------
HTS No. Assessment rate
------------------------------------------------------------------------
0102.10.0010.............................. $1.00/head.
0102.10.0020.............................. $1.00/head.
0102.10.0030.............................. $1.00/head.
0102.10.0050.............................. $1.00/head.
0102.90.2011.............................. $1.00/head.
0102.90.2012.............................. $1.00/head.
0102.90.4024.............................. $1.00/head.
0102.90.4028.............................. $1.00/head.
0102.90.4034.............................. $1.00/head.
0102.90.4038.............................. $1.00/head.
0102.90.4054.............................. $1.00/head.
0102.90.4058.............................. $1.00/head.
0102.90.4062.............................. $1.00/head.
0102.90.4064.............................. $1.00/head.
0102.90.4066.............................. $1.00/head.
0102.90.4068.............................. $1.00/head.
0102.90.4072.............................. $1.00/head.
0102.90.4074.............................. $1.00/head.
0102.90.4082.............................. $1.00/head.
0102.90.4084.............................. $1.00/head.
------------------------------------------------------------------------
Imported Beef and Beef Products
------------------------------------------------------------------------
Assessment
HTS No. rate per kg
------------------------------------------------------------------------
0201.10.0510............................................ .01693600
0201.10.0590............................................ .00379102
0201.10.1010............................................ .01693600
0201.10.1090............................................ .00379102
0201.10.5010............................................ .01693600
0201.10.5090............................................ .00511787
0201.20.0200............................................ .00530743
0201.20.0400............................................ .00511787
0201.20.0600............................................ .00379102
0201.20.1000............................................ .00530743
0201.20.3000............................................ .00511787
0201.20.5000............................................ .00379102
0201.20.8090............................................ .00379102
0201.30.0200............................................ .00530743
0201.30.0400............................................ .00511787
0201.30.0600............................................ .00379102
0201.30.1000............................................ .00530743
0201.30.3000............................................ .00511787
0201.30.5000............................................ .00511787
0201.30.8090............................................ .00511787
0202.10.0510............................................ .01693600
0202.10.0590............................................ .00379102
0202.10.1010............................................ .01693600
0202.10.1090............................................ .00370102
0202.10.5010............................................ .01693600
0202.10.5090............................................ .00379102
0202.20.0200............................................ .00530743
0202.20.0400............................................ .00511787
0202.20.0600............................................ .00379102
0202.20.1000............................................ .00530743
0202.20.3000............................................ .00511787
0202.20.5000............................................ .00379102
0202.20.8000............................................ .00379102
0202.30.0200............................................ .00530743
0202.30.0400............................................ .00511787
0202.30.0600............................................ .00527837
0202.30.1000............................................ .00530743
0202.30.3000............................................ .00511787
0202.30.5000............................................ .00511787
0202.30.8000............................................ .00379102
0206.10.0000............................................ .00379102
0206.21.0000............................................ .00379102
0206.22.0000............................................ .00379102
0206.29.0000............................................ .00379102
0210.20.0000............................................ .00615701
1601.00.4010............................................ .00473877
1601.00.4090............................................ .00473877
1601.00.6020............................................ .00473877
1602.50.0900............................................ .00663428
1602.50.1020............................................ .00663428
1602.50.1040............................................ .00663428
1602.50.2020............................................ .00701388
1602.50.2040............................................ .00701388
1602.50.6000............................................ .00720293
------------------------------------------------------------------------
NEW Imported (Veal) Beef and Beef Products
------------------------------------------------------------------------
Assessment
HTS No. rate per kg
------------------------------------------------------------------------
0201.20.5010............................................ .01693600
0201.20.5020............................................ .01693600
0201.30.5010............................................ .01693600
0201.30.5020............................................ .01693600
0202.30.5010............................................ .01693600
0202.30.5020............................................ .01693600
------------------------------------------------------------------------
* * * * *
Dated: March 10, 2016.
Elanor Starmer,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2016-05859 Filed 3-15-16; 8:45 am]
BILLING CODE 3410-02-P