Rules of Practice and Procedure Governing Marketing Orders and Marketing Agreements, and Research, Promotion, and Information Programs, 27681-27683 [2018-12722]
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27681
Rules and Regulations
Federal Register
Vol. 83, No. 115
Thursday, June 14, 2018
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 900 and 1200
[Document Number AMS–SC–18–0007]
Rules of Practice and Procedure
Governing Marketing Orders and
Marketing Agreements, and Research,
Promotion, and Information Programs
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
This rule amends the Rules of
Practice governing Marketing Orders
and Marketing Agreements (MOMA),
and Research, Promotion, and
Information (R&P) programs overseen by
the U.S. Department of Agriculture’s
(USDA) Agricultural Marketing Service
(AMS) to include a definition of the
term ‘‘mail’’. It also modifies an
authority citation to ensure all
appropriate authorities are included.
DATES: Effective Date: June 14, 2018.
FOR FURTHER INFORMATION CONTACT:
Stacy Jones King, Agricultural
Marketing Specialist, Specialty Crops
Program, AMS, USDA, 1400
Independence Avenue SW, STOP 0244,
Washington, DC 20250–0244;
Telephone: (202) 720–9915, Fax: (202)
205–2800; or email: Stacy.JonesKing@
ams.usda.gov.
SUMMARY:
This final
rule is issued under the Rules of
Practice governing MOMA (7 CFR part
900) and R&P (7 CFR part 1200)
overseen by USDA’s AMS to include a
definition of the term ‘‘mail’’. Currently,
MOMA and R&P regulations generally
use the term ‘‘mail’’ but do not define
it. This action creates a definition of
‘‘mail’’ that clarifies that it includes not
only transmittal of information through
a postal or other delivery system, but
also through electronic mail. Without
this broader definition of mail, the
business activities of the boards,
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SUPPLEMENTARY INFORMATION:
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councils, and committees that
administer the programs under AMS
oversight, as well as federal milk
marketing order administrative
activities, will be restricted to using the
traditional system of physical
transportation of letters and parcels.
USDA believes that an expansive
definition of ‘‘mail’’ will create greater
effectiveness and cost savings for
MOMA and R&P programs. This aligns
with the Secretary’s goal for greater use
of technology in the Department to
deliver the most effective, efficient and
customer-focused programs. For this
reason, USDA is amending the
regulations at 7 CFR part 900 and 7 CFR
part 1200 to reflect ‘‘mail’’ as both
electronic mail and postal (or otherwise
delivered) mail. One of the first
initiatives under this amendment is to
allow for electronic voting as an option
in required implementation and
continuance referenda on R&P
programs.
In addition, this rule will further
modify authority citations for 7 CFR
part 1200 to correct the current citations
as some authority cites are not currently
included.
Executive Orders 12866, 13563, and
13771
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts and equity).
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, reducing costs,
harmonizing rules and promoting
flexibility. This action falls within a
category of regulatory actions that the
Office of Management and Budget
(OMB) exempted from Executive Order
12866 review. Additionally, because
this rule does not meet the definition of
a significant regulatory action it does
not trigger the requirements contained
in Executive Order 13771. See OMB’s
Memorandum titled ‘‘Interim Guidance
Implementing Section 2 of the Executive
Order of January 30, 2017, titled
‘Reducing Regulation and Controlling
Regulatory Costs’ ’’ (February 2, 2017).
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Executive Order 13175
This action has been reviewed in
accordance with the requirements of
Executive Order 13175, Consultation
and Coordination with Indian Tribal
Governments. The review reveals that
this regulation will not have substantial
and direct effects on Tribal governments
and will not have significant Tribal
implications.
Executive Order 12988
This final rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. It is not intended to
have retroactive effect. This rule will
not preempt any State or local laws,
regulations, or policies, unless they
present an irreconcilable conflict with
this rule.
Section 11 of the Beef Promotion and
Research Act of 1985 (7 U.S.C. 2910)
provides that it shall not preempt or
supersede any other program relating to
beef promotion organized and operated
under the laws of the United States or
any State. Section 524 of the
Commodity Promotion, Research, and
Information Act of 1996 (7 U.S.C. 7423)
provides that it shall not affect or
preempt any other Federal or State law
authorizing promotion or research
relating to an agricultural commodity.
Section 121 of the Dairy Production
Stabilization Act of 1983 (7 U.S.C.
4512(a)) provides that nothing in this
Act may be construed to preempt or
supersede any other program relating to
dairy product promotion organized and
operated under the laws of the United
States or any State.
Section 1212(c) of the Hass Avocado
Promotion, Research and Information
Act of 2000 (7 U.S.C. 7811) provides
that nothing in this Act may be
construed to preempt or supersede any
program relating to Hass avocado
promotion, research, industry
information, and consumer information
organized and operated under the laws
of the United States or of a State.
Section 1930 of the Mushroom
Promotion, Research, and Consumer
Information Act of 1990 (7 U.S.C. 6109)
provides that nothing in this Act may be
construed to preempt or supersede any
other program relating to mushroom
promotion, research, consumer
information or industry information
organized and operated under the laws
of the United States or any State.
E:\FR\FM\14JNR1.SGM
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daltland on DSKBBV9HB2PROD with RULES
27682
Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Rules and Regulations
Section 580 of the Popcorn
Promotion, Research, and Consumer
Information Act (7 U.S.C. 7489)
provides that nothing in this Act
preempts or supersedes any other
program relating to popcorn promotion
organized and operated under the laws
of the United States or any State.
Section 1628 of the Pork Promotion,
Research, and Consumer Information
Act of 1985 (7 U.S.C. 4817) states that
the statute is intended to occupy the
field of promotion and consumer
education involving pork and pork
products and of obtaining funds thereof
from pork producers. The regulation of
such activity (other than a regulation or
requirement relating to a matter of
public health or the provision of State
or local funds for such activity) that is
in addition to or different from the Pork
Act may not be imposed by a State.
Additionally, section 1974 of the
Soybean Promotion, Research, and
Consumer Information Act (7 U.S.C.
6309) provides, with certain exceptions,
that nothing in the Soybean Act may be
construed to preempt or supersede any
other program relating to soybean
promotion, research, consumer
information, or industry information
organized under the laws of the United
States or any State.
According to the following
authorizing acts, administrative
proceedings must be exhausted before
parties may file suit in court:
Agricultural Marketing Agreement Act
of 1937 (7 U.S.C. 601–674); Commodity
Promotion, Research, and Information
Act of 1996 (7 U.S.C. 7411–7425);
Cotton Research and Promotion Act of
1966 (7 U.S.C. 2101–2118); Dairy
Production Stabilization Act of 1983 (7
U.S.C. 4501–4514); Egg Research and
Consumer Information Act of 1974 (7
U.S.C. 2701–2718); Fluid Milk
Promotion Act of 1990 (7 U.S.C. 6401–
6417); Hass Avocado Promotion,
Research, and Information Act of 2000
(7 U.S.C. 7801–7813); Mushroom
Promotion, Research, and Consumer
Information Act of 1990 (7 U.S.C. 6101–
6112); Popcorn Promotion, Research,
and Consumer Information Act of 1996
(7 U.S.C. 7481–7491); Pork Promotion,
Research, and Consumer Information
Act of 1985 (7 U.S.C. 4801–4819); Potato
Research and Promotion Act of 1971 (7
U.S.C. 2611–2627); Soybean Promotion,
Research, and Consumer Information
Act (7 U.S.C. 6301–6311); and
Watermelon Research and Promotion
Act (7 U.S.C. 4901–4916).
Under those acts, any person subject
to an order may file a petition with the
Secretary stating that the order, any
provision of the order, or any obligation
imposed in connection with the order is
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Jkt 244001
not in accordance with law and request
a modification of the order or to be
exempted therefrom. The petitioner is
afforded the opportunity for a hearing
on the petition. After the hearing, the
Secretary will make a ruling on the
petition. The acts provide that the
district courts of the United States in
any district in which the person is an
inhabitant, or has his principal place of
business, has the jurisdiction to review
the Secretary’s rule, provided a
complaint is filed within 20 days from
the date of the entry of the ruling. There
are no administrative proceedings that
must be exhausted prior to any judicial
challenge under the provision of the
Beef Promotion and Research Act of
1985 (7 U.S.C. 2901–2911).
Administrative Procedure Act,
Regulatory Flexibility Act, and
Paperwork Reduction Act
This final rule establishes agency
rules of practice and procedure. Under
the Administrative Procedure Act
(APA), prior notice and opportunity for
comment are not required for the
promulgation of agency rules of practice
and procedure. 5 U.S.C. 553 (b)(3)(A).
Only substantive rules require
publication 30 days prior to their
effective date. 5 U.S.C. 553 (d).
Therefore, this final rule is effective
upon publication in the Federal
Register.
Under 5 U.S.C. 804, this rule is not
subject to Congressional review under
the Small Business Regulatory
Enforcement Fairness Act of 1996,
Public Law 104–121. In addition,
because prior notice and opportunity for
comment are not required to be
provided for this final rule, this rule is
exempt from the requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq. Furthermore, we have
determined that the addition of a
definition for the term ‘‘mail’’ to 7 CFR
parts 900 and 1200 will not impact the
current information collection burden
for approved OMB forms.
List of Subjects
7 CFR Part 900
Administrative practice and
procedure, Freedom of information,
Marketing agreements, Reporting and
recordkeeping requirements.
7 CFR Part 1200
Administrative practice and
procedure, Agricultural research,
Reporting and recordkeeping
requirements.
Accordingly, 7 CFR parts 900 and
1200 are amended as follows:
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Fmt 4700
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PART 900—GENERAL REGULATIONS
Subpart G—Miscellaneous
Requirements
1. The authority citation for part 900,
subpart G, continues to read as follows:
■
Authority: Sec. 10, 48 Stat. 37, as
amended; 7 U.S.C. 610.
2. In § 900.200, add paragraph (f) to
read as follows:
■
§ 900.200
Definitions.
*
*
*
*
*
(f) The term mail means to transmit
either electronically or through a postal
or other delivery system, information or
a package (e.g., letter or envelope) to a
recipient.
*
*
*
*
*
PART 1200—RULES OF PRACTICE
AND PROCEDURE GOVERNING
PROCEEDINGS UNDER RESEARCH,
PROMOTION, AND INFORMATION
PROGRAMS
3. The authority citation for part 1200
is revised to read as follows:
■
Authority: 7 U.S.C. 2101–2119, 2611–2627,
2701–2718, 2901–2911, 4501–4514, 4801–
4819, 4901–4916, 6101–6112, 6301–6311,
6401–6417, 7411–7425, 7481–7491, and
7801–7813.
4. Subpart C is added to read as
follows:
■
Subpart C—General Definitions
Sec.
1200.100
1200.101
General.
Definitions.
Authority: 7 U.S.C. 2114, 2616, 2716, 2904,
4503, 4803, 4905, 6112, 6311, 6406, 7490,
7424 and 7812.
§ 1200.100
General.
The terms defined/specified in this
subpart shall apply to all research and
promotion programs authorized under
the Act.
§ 1200.101
Definitions.
(a) Act means the Commodity
Research, Promotion, and Information
Act of 1996 [7 U.S.C. 7411–7425]; the
Beef Promotion and Research Act of
1985 [7 U.S.C. 2901–2911]; the Cotton
Research and Promotion Act, as
amended [7 U.S.C. 2101–2119]; the
Dairy Production Stabilization Act of
1983 [7 U.S.C. 4501–4514]; the Egg
Research and Consumer Information
Act, as amended [7 U.S.C. 2701–2718];
the Fluid Milk Promotion Act of 1990 [7
U.S.C. 6401–6417]; the Hass Avocado
Promotion, Research, and Information
Act of 2000 [7 U.S.C. 7801–7813]; the
Mushroom Promotion, Research, and
Consumer Information Act of 1990 [7
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Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Rules and Regulations
U.S.C. 6101–6112]; the Popcorn
Promotion, Research, and Consumer
Information Act [7 U.S.C. 7481–7491];
the Pork Promotion, Research, and
Consumer Information Act [7 U.S.C.
4801–4819]; the Potato Research and
Promotion Act, as amended [7 U.S.C.
2611–2627]; the Soybean Promotion,
Research, and Consumer Information
Act [7 U.S.C. 6301–6311]; and the
Watermelon Research and Promotion
Act, as amended, [7 U.S.C. 4901–4916].
(b) Mail means to transmit either
electronically or through a postal or
other delivery system, information or a
package (e.g., letter or envelope) to a
recipient.
Dated: June 8, 2018.
Bruce Summers,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2018–12722 Filed 6–13–18; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1216
[Document Number AMS–SC–16–0115]
Peanut Promotion, Research, and
Information Order; Change in
Assessment Rate Computation
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
This rule changes the
assessment rate computation under the
Agricultural Marketing Service’s (AMS)
regulations regarding a national research
and promotion program (program) for
U.S. peanuts. This rule changes the
basis for assessment under the
regulations from value to volume (per
ton). Two rates of assessment are
established instead of using the formula
currently specified in the regulations.
This rule also updates the definition for
‘‘fiscal year’’ specified in the regulations
to reflect current practices.
DATES: Effective Date: July 16, 2018.
FOR FURTHER INFORMATION CONTACT:
Jeanette Palmer, Marketing Specialist,
Promotion and Economics Division,
Specialty Crops Program, AMS, USDA,
Stop 0244, 1400 Independence Avenue
SW, Room 1406–S, Washington, DC
20250–0244; telephone: (202) 720–9915;
facsimile: (202) 205–2800; or electronic
mail: Jeanette.Palmer@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This final
rule affecting the Peanut Promotion,
Research, and Information Order (order)
at 7 CFR part 1216 is authorized under
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SUMMARY:
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Jkt 244001
the Commodity Promotion, Research,
and Information Act of 1996 (1996
Act)(7 U.S.C. 7411–7425).
Executive Orders 12866, 13563, and
13771
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts and equity).
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, reducing costs,
harmonizing rules and promoting
flexibility. This action falls within a
category of regulatory actions that the
Office of Management and Budget
(OMB) exempted from Executive Order
12866 review. Additionally, because
this rule does not meet the definition of
a significant regulatory action it does
not trigger the requirements contained
in Executive Order 13771. See OMB’s
Memorandum titled ‘‘Interim Guidance
Implementing Section 2 of the Executive
Order of January 30, 2017, titled
‘Reducing Regulation and Controlling
Regulatory Costs’ ’’ (February 2, 2017).
Executive Order 13175
This final rule has been reviewed in
accordance with the requirements of
Executive Order 13175, Consultation
and Coordination with Indian Tribal
Governments. The review reveals that
this rule will not have substantial and
direct effects on Tribal governments and
will not have significant Tribal
implications.
Executive Order 12988
In addition, this final rule has been
reviewed under Executive Order 12988,
Civil Justice Reform. It is not intended
to have retroactive effect. Section 524 of
the 1996 Act (7 U.S.C. 7423) provides
that it shall not affect or preempt any
other Federal or State law authorizing
promotion or research relating to an
agricultural commodity.
Under section 519 of the 1996 Act (7
U.S.C. 7418), a person subject to an
order may file a written petition with
USDA stating that an order, any
provision of an order, or any obligation
imposed in connection with an order, is
not established in accordance with the
law, and request a modification of an
order or an exemption from an order.
Any petition filed challenging an order,
any provision of an order, or any
obligation imposed in connection with
an order, shall be filed within two years
after the effective date of an order,
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27683
provision, or obligation subject to
challenge in the petition. The petitioner
will have the opportunity for a hearing
on the petition. Thereafter, USDA will
issue a ruling on the petition. The 1996
Act provides that the district court of
the United States for any district in
which the petitioner resides or conducts
business shall have the jurisdiction to
review a final ruling on the petition, if
the petitioner files a complaint for that
purpose not later than 20 days after the
date of the entry of USDA’s final ruling.
Background
This rule changes the assessment rate
computation under the Peanut
Promotion, Research, and Information
Order. Part 1216 is administered by the
Board with oversight by USDA. This
rule changes the basis for assessment
under the program from value to volume
(per ton). Two rates of assessment are
established instead of using the formula
currently specified in this part. The
assessment rates will be $3.55 per ton
for Segregation 1 peanuts and $1.25 per
ton for lower quality Segregation 2 and
3 peanuts. This action was unanimously
recommended by the National Peanut
Board (Board) and will help facilitate
program operations by providing a more
predictable revenue stream for the
Board. This rule also updates the
definition for fiscal year specified in the
part to reflect current practices.
The Peanut Promotion, Research, and
Information Order regulations took
effect in 1999. Under the regulations,
the Board administers a nationallycoordinated program of promotion,
research, and information designed to
strengthen the position of peanuts in the
market place and to develop, maintain,
and expand the demand for U.S.
peanuts.
Section 1216.48(m) provides authority
for the Board to recommend to the
Secretary amendments to the
regulations as the Board considers
appropriate.
Section 1216.51 specifies that the
funds necessary to pay for programs and
other authorized costs shall be acquired
by levying assessments upon producers
in a manner prescribed by the Secretary.
The assessments are collected by first
handlers from producers and remitted to
the Board no later than 60 days after the
last day of the month in which the
peanuts were marketed. Paragraph (c) of
that section currently states that
assessments shall be levied based on
value at a rate of one percent of the
price paid for all farmers stock peanuts
sold. As defined in § 1216.9, ‘‘farmers
stock peanuts’’ means picked or
threshed peanuts produced in the
United States which have not been
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]]>Agencies
[Federal Register Volume 83, Number 115 (Thursday, June 14, 2018)]
[Rules and Regulations]
[Pages 27681-27683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12722]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Rules
and Regulations
[[Page 27681]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 900 and 1200
[Document Number AMS-SC-18-0007]
Rules of Practice and Procedure Governing Marketing Orders and
Marketing Agreements, and Research, Promotion, and Information Programs
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule amends the Rules of Practice governing Marketing
Orders and Marketing Agreements (MOMA), and Research, Promotion, and
Information (R&P) programs overseen by the U.S. Department of
Agriculture's (USDA) Agricultural Marketing Service (AMS) to include a
definition of the term ``mail''. It also modifies an authority citation
to ensure all appropriate authorities are included.
DATES: Effective Date: June 14, 2018.
FOR FURTHER INFORMATION CONTACT: Stacy Jones King, Agricultural
Marketing Specialist, Specialty Crops Program, AMS, USDA, 1400
Independence Avenue SW, STOP 0244, Washington, DC 20250-0244;
Telephone: (202) 720-9915, Fax: (202) 205-2800; or email:
[email protected].
SUPPLEMENTARY INFORMATION: This final rule is issued under the Rules of
Practice governing MOMA (7 CFR part 900) and R&P (7 CFR part 1200)
overseen by USDA's AMS to include a definition of the term ``mail''.
Currently, MOMA and R&P regulations generally use the term ``mail'' but
do not define it. This action creates a definition of ``mail'' that
clarifies that it includes not only transmittal of information through
a postal or other delivery system, but also through electronic mail.
Without this broader definition of mail, the business activities of the
boards, councils, and committees that administer the programs under AMS
oversight, as well as federal milk marketing order administrative
activities, will be restricted to using the traditional system of
physical transportation of letters and parcels.
USDA believes that an expansive definition of ``mail'' will create
greater effectiveness and cost savings for MOMA and R&P programs. This
aligns with the Secretary's goal for greater use of technology in the
Department to deliver the most effective, efficient and customer-
focused programs. For this reason, USDA is amending the regulations at
7 CFR part 900 and 7 CFR part 1200 to reflect ``mail'' as both
electronic mail and postal (or otherwise delivered) mail. One of the
first initiatives under this amendment is to allow for electronic
voting as an option in required implementation and continuance
referenda on R&P programs.
In addition, this rule will further modify authority citations for
7 CFR part 1200 to correct the current citations as some authority
cites are not currently included.
Executive Orders 12866, 13563, and 13771
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, reducing costs, harmonizing rules and promoting flexibility.
This action falls within a category of regulatory actions that the
Office of Management and Budget (OMB) exempted from Executive Order
12866 review. Additionally, because this rule does not meet the
definition of a significant regulatory action it does not trigger the
requirements contained in Executive Order 13771. See OMB's Memorandum
titled ``Interim Guidance Implementing Section 2 of the Executive Order
of January 30, 2017, titled `Reducing Regulation and Controlling
Regulatory Costs' '' (February 2, 2017).
Executive Order 13175
This action has been reviewed in accordance with the requirements
of Executive Order 13175, Consultation and Coordination with Indian
Tribal Governments. The review reveals that this regulation will not
have substantial and direct effects on Tribal governments and will not
have significant Tribal implications.
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. It is not intended to have retroactive effect.
This rule will not preempt any State or local laws, regulations, or
policies, unless they present an irreconcilable conflict with this
rule.
Section 11 of the Beef Promotion and Research Act of 1985 (7 U.S.C.
2910) provides that it shall not preempt or supersede any other program
relating to beef promotion organized and operated under the laws of the
United States or any State. Section 524 of the Commodity Promotion,
Research, and Information Act of 1996 (7 U.S.C. 7423) provides that it
shall not affect or preempt any other Federal or State law authorizing
promotion or research relating to an agricultural commodity.
Section 121 of the Dairy Production Stabilization Act of 1983 (7
U.S.C. 4512(a)) provides that nothing in this Act may be construed to
preempt or supersede any other program relating to dairy product
promotion organized and operated under the laws of the United States or
any State.
Section 1212(c) of the Hass Avocado Promotion, Research and
Information Act of 2000 (7 U.S.C. 7811) provides that nothing in this
Act may be construed to preempt or supersede any program relating to
Hass avocado promotion, research, industry information, and consumer
information organized and operated under the laws of the United States
or of a State.
Section 1930 of the Mushroom Promotion, Research, and Consumer
Information Act of 1990 (7 U.S.C. 6109) provides that nothing in this
Act may be construed to preempt or supersede any other program relating
to mushroom promotion, research, consumer information or industry
information organized and operated under the laws of the United States
or any State.
[[Page 27682]]
Section 580 of the Popcorn Promotion, Research, and Consumer
Information Act (7 U.S.C. 7489) provides that nothing in this Act
preempts or supersedes any other program relating to popcorn promotion
organized and operated under the laws of the United States or any
State.
Section 1628 of the Pork Promotion, Research, and Consumer
Information Act of 1985 (7 U.S.C. 4817) states that the statute is
intended to occupy the field of promotion and consumer education
involving pork and pork products and of obtaining funds thereof from
pork producers. The regulation of such activity (other than a
regulation or requirement relating to a matter of public health or the
provision of State or local funds for such activity) that is in
addition to or different from the Pork Act may not be imposed by a
State.
Additionally, section 1974 of the Soybean Promotion, Research, and
Consumer Information Act (7 U.S.C. 6309) provides, with certain
exceptions, that nothing in the Soybean Act may be construed to preempt
or supersede any other program relating to soybean promotion, research,
consumer information, or industry information organized under the laws
of the United States or any State.
According to the following authorizing acts, administrative
proceedings must be exhausted before parties may file suit in court:
Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601-674);
Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C.
7411-7425); Cotton Research and Promotion Act of 1966 (7 U.S.C. 2101-
2118); Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501-4514);
Egg Research and Consumer Information Act of 1974 (7 U.S.C. 2701-2718);
Fluid Milk Promotion Act of 1990 (7 U.S.C. 6401-6417); Hass Avocado
Promotion, Research, and Information Act of 2000 (7 U.S.C. 7801-7813);
Mushroom Promotion, Research, and Consumer Information Act of 1990 (7
U.S.C. 6101-6112); Popcorn Promotion, Research, and Consumer
Information Act of 1996 (7 U.S.C. 7481-7491); Pork Promotion, Research,
and Consumer Information Act of 1985 (7 U.S.C. 4801-4819); Potato
Research and Promotion Act of 1971 (7 U.S.C. 2611-2627); Soybean
Promotion, Research, and Consumer Information Act (7 U.S.C. 6301-6311);
and Watermelon Research and Promotion Act (7 U.S.C. 4901-4916).
Under those acts, any person subject to an order may file a
petition with the Secretary stating that the order, any provision of
the order, or any obligation imposed in connection with the order is
not in accordance with law and request a modification of the order or
to be exempted therefrom. The petitioner is afforded the opportunity
for a hearing on the petition. After the hearing, the Secretary will
make a ruling on the petition. The acts provide that the district
courts of the United States in any district in which the person is an
inhabitant, or has his principal place of business, has the
jurisdiction to review the Secretary's rule, provided a complaint is
filed within 20 days from the date of the entry of the ruling. There
are no administrative proceedings that must be exhausted prior to any
judicial challenge under the provision of the Beef Promotion and
Research Act of 1985 (7 U.S.C. 2901-2911).
Administrative Procedure Act, Regulatory Flexibility Act, and Paperwork
Reduction Act
This final rule establishes agency rules of practice and procedure.
Under the Administrative Procedure Act (APA), prior notice and
opportunity for comment are not required for the promulgation of agency
rules of practice and procedure. 5 U.S.C. 553 (b)(3)(A). Only
substantive rules require publication 30 days prior to their effective
date. 5 U.S.C. 553 (d). Therefore, this final rule is effective upon
publication in the Federal Register.
Under 5 U.S.C. 804, this rule is not subject to Congressional
review under the Small Business Regulatory Enforcement Fairness Act of
1996, Public Law 104-121. In addition, because prior notice and
opportunity for comment are not required to be provided for this final
rule, this rule is exempt from the requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq. Furthermore, we have determined
that the addition of a definition for the term ``mail'' to 7 CFR parts
900 and 1200 will not impact the current information collection burden
for approved OMB forms.
List of Subjects
7 CFR Part 900
Administrative practice and procedure, Freedom of information,
Marketing agreements, Reporting and recordkeeping requirements.
7 CFR Part 1200
Administrative practice and procedure, Agricultural research,
Reporting and recordkeeping requirements.
Accordingly, 7 CFR parts 900 and 1200 are amended as follows:
PART 900--GENERAL REGULATIONS
Subpart G--Miscellaneous Requirements
0
1. The authority citation for part 900, subpart G, continues to read as
follows:
Authority: Sec. 10, 48 Stat. 37, as amended; 7 U.S.C. 610.
0
2. In Sec. 900.200, add paragraph (f) to read as follows:
Sec. 900.200 Definitions.
* * * * *
(f) The term mail means to transmit either electronically or
through a postal or other delivery system, information or a package
(e.g., letter or envelope) to a recipient.
* * * * *
PART 1200--RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS
UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS
0
3. The authority citation for part 1200 is revised to read as follows:
Authority: 7 U.S.C. 2101-2119, 2611-2627, 2701-2718, 2901-2911,
4501-4514, 4801-4819, 4901-4916, 6101-6112, 6301-6311, 6401-6417,
7411-7425, 7481-7491, and 7801-7813.
0
4. Subpart C is added to read as follows:
Subpart C--General Definitions
Sec.
1200.100 General.
1200.101 Definitions.
Authority: 7 U.S.C. 2114, 2616, 2716, 2904, 4503, 4803, 4905,
6112, 6311, 6406, 7490, 7424 and 7812.
Sec. 1200.100 General.
The terms defined/specified in this subpart shall apply to all
research and promotion programs authorized under the Act.
Sec. 1200.101 Definitions.
(a) Act means the Commodity Research, Promotion, and Information
Act of 1996 [7 U.S.C. 7411-7425]; the Beef Promotion and Research Act
of 1985 [7 U.S.C. 2901-2911]; the Cotton Research and Promotion Act, as
amended [7 U.S.C. 2101-2119]; the Dairy Production Stabilization Act of
1983 [7 U.S.C. 4501-4514]; the Egg Research and Consumer Information
Act, as amended [7 U.S.C. 2701-2718]; the Fluid Milk Promotion Act of
1990 [7 U.S.C. 6401-6417]; the Hass Avocado Promotion, Research, and
Information Act of 2000 [7 U.S.C. 7801-7813]; the Mushroom Promotion,
Research, and Consumer Information Act of 1990 [7
[[Page 27683]]
U.S.C. 6101-6112]; the Popcorn Promotion, Research, and Consumer
Information Act [7 U.S.C. 7481-7491]; the Pork Promotion, Research, and
Consumer Information Act [7 U.S.C. 4801-4819]; the Potato Research and
Promotion Act, as amended [7 U.S.C. 2611-2627]; the Soybean Promotion,
Research, and Consumer Information Act [7 U.S.C. 6301-6311]; and the
Watermelon Research and Promotion Act, as amended, [7 U.S.C. 4901-
4916].
(b) Mail means to transmit either electronically or through a
postal or other delivery system, information or a package (e.g., letter
or envelope) to a recipient.
Dated: June 8, 2018.
Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2018-12722 Filed 6-13-18; 8:45 am]
BILLING CODE 3410-02-P
