Referendum Procedures Under the Sorghum Promotion, Research, and Information Order and the Lamb Promotion, Research, and Information Order; Removal of Obsolete References, 35105-35106 [2018-15893]
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35105
Rules and Regulations
Federal Register
Vol. 83, No. 143
Wednesday, July 25, 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 1221 and 1280
[Doc. No. AMS–LPS–17–0052]
Referendum Procedures Under the
Sorghum Promotion, Research, and
Information Order and the Lamb
Promotion, Research, and Information
Order; Removal of Obsolete
References
Agricultural Marketing Service,
USDA.
ACTION: Direct final rule; request for
comments.
AGENCY:
This direct final rule will
make technical amendments to the
Sorghum Promotion, Research, and
Information Order (Sorghum Order) and
the Lamb Promotion, Research, and
Information Order (Lamb Order) to
remove obsolete and unnecessary
provisions and to make conforming
changes affected by the amendatory
language revisions.
DATES: This rule is effective October 23,
2018 without further action, unless
adverse comment is received by August
24, 2018. If adverse comment is
received, the Agricultural Marketing
Service (AMS) will publish a timely
withdrawal of the rule in the Federal
Register.
SUMMARY:
Comments should be
submitted electronically 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–
17–0052, the date of submission, and
the page number of this issue of the
Federal Register. Comments may also
be submitted to: Kenneth R. Payne,
Director, Research and Promotion
Division; Livestock and Poultry
Program, AMS, U.S. Department of
Agriculture (USDA); Room 2608–S,
daltland on DSKBBV9HB2PROD with RULES
ADDRESSES:
VerDate Sep<11>2014
16:20 Jul 24, 2018
Jkt 244001
STOP 0251, 1400 Independence Avenue
SW, Washington, DC 20250–0251; or fax
to (202) 720–1125. Comments will be
made available for public inspection at
Room 2608–S of the above address
during regular business hours or
electronically at www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Kenneth R. Payne, Director, Research
and Promotion Division, by telephone at
(202) 720–1118, by fax at (202) 720–
1125, or by email at kenneth.payne@
ams.usda.gov.
SUPPLEMENTARY INFORMATION:
Executive Orders 12866 and 13771, and
Regulatory Flexibility Act
This direct final rule falls within a
category of regulatory actions that the
Office of Management and Budget
(OMB) exempted from Executive Order
(E.O.) 12866 review. Additionally,
because this rule does not meet the
definition of a significant regulatory
action it does not trigger the
requirement contained in E.O. 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).
Pursuant to the requirements set forth
in the Regulatory Flexibility Act (RFA)
(5 U.S.C. 601 et seq.), the Administrator
of AMS has considered the economic
effect of this direct final rule on small
entities and has determined that this
action does not have a significant
economic impact on a substantial
number of small business entities. 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.
USDA’s National Agricultural
Statistics Service reported in the 2012
Census of Agriculture that there are
31,316 sheep farms in the U.S. and
22,908 farms where grain sorghum is
grown. The majority of producers’
subject to the Sorghum Order, 7 CFR
part 1221, and Lamb Order, 7 CFR part
1280, are small businesses under the
criteria established by the Small
Business Administration (SBA) (13 CFR
121.201). SBA defines small agricultural
producers as those having annual
receipts of less than $750,000.
This direct final rule imposes no new
burden on the sorghum and lamb
industries. It merely reduces the size of
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Fmt 4700
Sfmt 4700
the Sorghum and Lamb Orders by
removing sections that relate to now
obsolete referendum activities. There
are no new reporting, recordkeeping, or
other compliance requirements as a
result of this rule. Accordingly, the
Administrator of AMS has determined
that this direct final rule does not have
a significant economic impact on a
substantial number of small entities.
AMS is committed to complying with
the E–Government Act of 2002 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. Accordingly, AMS developed
options for companies requesting
service to do so electronically.
USDA has not identified any relevant
Federal rules that duplicate, overlap, or
conflict with this direct final rule.
Executive Order 13175
This direct final rule has been
reviewed in accordance with the
requirements of E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments. The review
reveals that this action does not have
substantial and direct effects on Tribal
Governments and does not have
significant Tribal implications.
Executive Order 12988
This direct final rule has been
reviewed under E.O. 12988, Civil Justice
Reform. It is not intended to have
retroactive effect. The Act prohibits
States or political subdivisions of a State
from imposing any requirement that is
in addition to, or inconsistent with, any
requirement of the Act. There are no
civil justice implications associated
with this direct final rule.
Paperwork Reduction Act
This direct final rule also contains no
new information collection
requirements; therefore, no analysis or
approval under the Paperwork
Reduction Act (44 U.S.C. 3501–3520) is
required.
Background and Technical
Amendments
National agricultural commodity
research and promotion programs—also
called R&P programs or checkoff
programs (checkoff programs)—are
designed to maintain and expand
existing markets and develop new
E:\FR\FM\25JYR1.SGM
25JYR1
daltland on DSKBBV9HB2PROD with RULES
35106
Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Rules and Regulations
markets both domestically and
internationally. They are funded
through assessments paid by persons
subject to the assessment. Checkoff
programs are administered by national
boards created for that purpose and
oversight is provided by USDA.
Some checkoff programs are
authorized by their own commodityspecific Federal statutes. Others, like the
sorghum and lamb checkoff programs
addressed by this direct final rule, are
authorized by the Commodity
Promotion, Research, and Information
Act of 1996, 7 U.S.C. 7401 et seq.
(Generic Act).
The Sorghum and Lamb Orders
authorize the collection of assessments
from, respectively, sorghum producers
and importers, and lamb producers,
feeders, seedstock producers, first
handlers, and exporters. Under both
Orders, payers of assessments are
entitled to vote in referenda on the
continuation, suspension, or
termination of their checkoff programs.
The Generic Act provides that two
referenda must be conducted in each
checkoff program created pursuant to its
authority. The first referendum must be
conducted either before a checkoff
program goes into effect (to ascertain
whether the Order is favored by the
persons to be covered by it) or,
alternatively, within 3 years after
assessments begin (to determine
whether a majority favors the
continuation, suspension, or
termination of the program). The second
referendum must be conducted within 7
years after assessments begin to
determine whether a majority favors the
continuation, suspension, or
termination of the program. All persons
subject to assessments are allowed to
vote in referenda.
The Sorghum and Lamb Orders each
incorporate provisions for two required
referenda, the first within 3 years and
the second within 7 years after
assessments begin. Both Orders contain
provisions for assessment payers to
obtain refunds of assessments and for
both boards to maintain escrow
accounts ahead of these referenda. All of
those referenda, two for sorghum and
two for lamb, were conducted within
the time frames defined by the Orders.
In each of the four referenda, a large
majority approved the relevant
program’s continuance. Those referenda
will not be repeated. Thus, AMS is
removing the sections and paragraphs of
the Sorghum and Lamb Orders that
relate to refunds and escrow accounts
because they are obsolete.
In the Sorghum Order, §§ 1221.112(g),
1221.112(h), 1221.118, 1221.119, and
1221.120, which provided for escrow
VerDate Sep<11>2014
16:20 Jul 24, 2018
Jkt 244001
accounts and refunds in connection
with required referenda, will be
removed. In § 1221.112, paragraphs (i)
through (m) will be redesignated as (g)
through (k), respectively. A conforming
change will be made to § 1221.128(a) to
correct a reference.
In the Lamb Order, §§ 1280.214,
1280.215, 1280.216, and 1280.403,
which provided for escrow accounts
and refunds in connection with required
referenda, will be removed.
AMS is issuing this direct final rule
without a preceding proposed rule
because this action is a routine,
noncontroversial regulatory change that
AMS believes will not generate adverse
comment. The rule is conditional on the
non-receipt of adverse comments. If
adverse comment is received, AMS will
withdraw the rule before the effective
date.
Only one sorghum producer
organization per State may be qualified.
*
*
*
*
*
PART 1280—LAMB PROMOTION,
RESEARCH, AND INFORMATION
ORDER
5. The authority citation for part 1280
continues to read as follows:
■
Authority: 7 U.S.C. 7411–7425 and 7
U.S.C. 7401.
§§ 1280.214, 1280.215, 1280.216, and
1280.403 [Removed]
6. Remove §§ 1280.214, 1280.215,
1280.216, and 1280.403.
■
Dated: July 20, 2018.
Bruce Summers,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2018–15893 Filed 7–24–18; 8:45 am]
BILLING CODE 3410–02–P
List of Subjects
7 CFR Part 1221
Administrative practice and
procedure, Advertising, Agricultural
research, Reporting and recordkeeping
requirements, Sorghum.
DEPARTMENT OF ENERGY
7 CFR Part 1280
RIN 1901–AB43
Administrative practice and
procedure, Advertising, Agricultural
research, Meat and meat products,
Reporting and recordkeeping
requirements.
For reasons set forth in the preamble,
AMS is amending 7 CFR parts 1221 and
1280 as follows:
Small-Scale Natural Gas Exports
PART 1221—SORGHUM PROMOTION,
RESEARCH, AND INFORMATION
ORDER
1. The authority citation for part 1221
continues to read as follows:
■
Authority: 7 U.S.C. 7411–7425 and 7
U.S.C. 7401.
§ 1221.112
[Amended]
2. In § 1221.112 remove paragraphs (g)
and (h) and redesignate paragraphs (i)
through (m) as paragraphs (g) through
(k), respectively.
■
§§ 1221.118, 1221.119, and 1221.120
[Removed]
3. Remove §§ 1221.118, 1221.119, and
1221.120.
■ 4. Revise § 1221.128(a) to read as
follows:
■
§ 1221.128
Qualification.
(a) Organizations receiving
qualification from the Secretary will be
entitled to submit requests for funding
to the Board pursuant to § 1221.112(h).
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
10 CFR Part 590
[FE Docket No. 17–86–R]
Office of Fossil Energy,
Department of Energy.
ACTION: Final rule.
AGENCY:
The Department of Energy
(DOE or the Department) is revising its
regulations to provide that DOE will
issue an export authorization upon
receipt of any complete application that
seeks to export natural gas, including
liquefied natural gas (LNG), to countries
with which the United States has not
entered into a free trade agreement
(FTA) requiring national treatment for
trade in natural gas and with which
trade is not prohibited by U.S. law or
policy (non-FTA countries), provided
that the application satisfies the
following two criteria: The application
proposes to export natural gas in a
volume up to and including 51.75
billion cubic feet (Bcf) per year (Bcf/yr)
(equivalent to 0.14 Bcf per day (Bcf/d)),
and DOE’s approval of the application
does not require an environmental
impact statement (EIS) or an
environmental assessment (EA) under
the National Environmental Policy Act
of 1969 (NEPA). Applications that
satisfy these criteria are requesting
authorization for ‘‘small-scale natural
gas exports,’’ and DOE deems such
exports to be consistent with the public
interest under the Natural Gas Act
(NGA). DOE’s regulations regarding
SUMMARY:
E:\FR\FM\25JYR1.SGM
25JYR1
]]>Agencies
[Federal Register Volume 83, Number 143 (Wednesday, July 25, 2018)]
[Rules and Regulations]
[Pages 35105-35106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15893]
========================================================================
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. 143 / Wednesday, July 25, 2018 /
Rules and Regulations
[[Page 35105]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 1221 and 1280
[Doc. No. AMS-LPS-17-0052]
Referendum Procedures Under the Sorghum Promotion, Research, and
Information Order and the Lamb Promotion, Research, and Information
Order; Removal of Obsolete References
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Direct final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This direct final rule will make technical amendments to the
Sorghum Promotion, Research, and Information Order (Sorghum Order) and
the Lamb Promotion, Research, and Information Order (Lamb Order) to
remove obsolete and unnecessary provisions and to make conforming
changes affected by the amendatory language revisions.
DATES: This rule is effective October 23, 2018 without further action,
unless adverse comment is received by August 24, 2018. If adverse
comment is received, the Agricultural Marketing Service (AMS) will
publish a timely withdrawal of the rule in the Federal Register.
ADDRESSES: Comments should be submitted electronically 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-17-0052, the date of submission,
and the page number of this issue of the Federal Register. Comments may
also be submitted to: Kenneth R. Payne, Director, Research and
Promotion Division; Livestock and Poultry Program, AMS, U.S. Department
of Agriculture (USDA); Room 2608-S, STOP 0251, 1400 Independence Avenue
SW, Washington, DC 20250-0251; or fax to (202) 720-1125. Comments will
be made available for public inspection at Room 2608-S of the above
address during regular business hours or electronically at
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Kenneth R. Payne, Director, Research
and Promotion Division, by telephone at (202) 720-1118, by fax at (202)
720-1125, or by email at [email protected].
SUPPLEMENTARY INFORMATION:
Executive Orders 12866 and 13771, and Regulatory Flexibility Act
This direct final rule falls within a category of regulatory
actions that the Office of Management and Budget (OMB) exempted from
Executive Order (E.O.) 12866 review. Additionally, because this rule
does not meet the definition of a significant regulatory action it does
not trigger the requirement contained in E.O. 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).
Pursuant to the requirements set forth in the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et seq.), the Administrator of AMS
has considered the economic effect of this direct final rule on small
entities and has determined that this action does not have a
significant economic impact on a substantial number of small business
entities. 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.
USDA's National Agricultural Statistics Service reported in the
2012 Census of Agriculture that there are 31,316 sheep farms in the
U.S. and 22,908 farms where grain sorghum is grown. The majority of
producers' subject to the Sorghum Order, 7 CFR part 1221, and Lamb
Order, 7 CFR part 1280, are small businesses under the criteria
established by the Small Business Administration (SBA) (13 CFR
121.201). SBA defines small agricultural producers as those having
annual receipts of less than $750,000.
This direct final rule imposes no new burden on the sorghum and
lamb industries. It merely reduces the size of the Sorghum and Lamb
Orders by removing sections that relate to now obsolete referendum
activities. There are no new reporting, recordkeeping, or other
compliance requirements as a result of this rule. Accordingly, the
Administrator of AMS has determined that this direct final rule does
not have a significant economic impact on a substantial number of small
entities.
AMS is committed to complying with the E-Government Act of 2002 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. Accordingly, AMS
developed options for companies requesting service to do so
electronically.
USDA has not identified any relevant Federal rules that duplicate,
overlap, or conflict with this direct final rule.
Executive Order 13175
This direct final rule has been reviewed in accordance with the
requirements of E.O. 13175, Consultation and Coordination with Indian
Tribal Governments. The review reveals that this action does not have
substantial and direct effects on Tribal Governments and does not have
significant Tribal implications.
Executive Order 12988
This direct final rule has been reviewed under E.O. 12988, Civil
Justice Reform. It is not intended to have retroactive effect. The Act
prohibits States or political subdivisions of a State from imposing any
requirement that is in addition to, or inconsistent with, any
requirement of the Act. There are no civil justice implications
associated with this direct final rule.
Paperwork Reduction Act
This direct final rule also contains no new information collection
requirements; therefore, no analysis or approval under the Paperwork
Reduction Act (44 U.S.C. 3501-3520) is required.
Background and Technical Amendments
National agricultural commodity research and promotion programs--
also called R&P programs or checkoff programs (checkoff programs)--are
designed to maintain and expand existing markets and develop new
[[Page 35106]]
markets both domestically and internationally. They are funded through
assessments paid by persons subject to the assessment. Checkoff
programs are administered by national boards created for that purpose
and oversight is provided by USDA.
Some checkoff programs are authorized by their own commodity-
specific Federal statutes. Others, like the sorghum and lamb checkoff
programs addressed by this direct final rule, are authorized by the
Commodity Promotion, Research, and Information Act of 1996, 7 U.S.C.
7401 et seq. (Generic Act).
The Sorghum and Lamb Orders authorize the collection of assessments
from, respectively, sorghum producers and importers, and lamb
producers, feeders, seedstock producers, first handlers, and exporters.
Under both Orders, payers of assessments are entitled to vote in
referenda on the continuation, suspension, or termination of their
checkoff programs.
The Generic Act provides that two referenda must be conducted in
each checkoff program created pursuant to its authority. The first
referendum must be conducted either before a checkoff program goes into
effect (to ascertain whether the Order is favored by the persons to be
covered by it) or, alternatively, within 3 years after assessments
begin (to determine whether a majority favors the continuation,
suspension, or termination of the program). The second referendum must
be conducted within 7 years after assessments begin to determine
whether a majority favors the continuation, suspension, or termination
of the program. All persons subject to assessments are allowed to vote
in referenda.
The Sorghum and Lamb Orders each incorporate provisions for two
required referenda, the first within 3 years and the second within 7
years after assessments begin. Both Orders contain provisions for
assessment payers to obtain refunds of assessments and for both boards
to maintain escrow accounts ahead of these referenda. All of those
referenda, two for sorghum and two for lamb, were conducted within the
time frames defined by the Orders. In each of the four referenda, a
large majority approved the relevant program's continuance. Those
referenda will not be repeated. Thus, AMS is removing the sections and
paragraphs of the Sorghum and Lamb Orders that relate to refunds and
escrow accounts because they are obsolete.
In the Sorghum Order, Sec. Sec. 1221.112(g), 1221.112(h),
1221.118, 1221.119, and 1221.120, which provided for escrow accounts
and refunds in connection with required referenda, will be removed. In
Sec. 1221.112, paragraphs (i) through (m) will be redesignated as (g)
through (k), respectively. A conforming change will be made to Sec.
1221.128(a) to correct a reference.
In the Lamb Order, Sec. Sec. 1280.214, 1280.215, 1280.216, and
1280.403, which provided for escrow accounts and refunds in connection
with required referenda, will be removed.
AMS is issuing this direct final rule without a preceding proposed
rule because this action is a routine, noncontroversial regulatory
change that AMS believes will not generate adverse comment. The rule is
conditional on the non-receipt of adverse comments. If adverse comment
is received, AMS will withdraw the rule before the effective date.
List of Subjects
7 CFR Part 1221
Administrative practice and procedure, Advertising, Agricultural
research, Reporting and recordkeeping requirements, Sorghum.
7 CFR Part 1280
Administrative practice and procedure, Advertising, Agricultural
research, Meat and meat products, Reporting and recordkeeping
requirements.
For reasons set forth in the preamble, AMS is amending 7 CFR parts
1221 and 1280 as follows:
PART 1221--SORGHUM PROMOTION, RESEARCH, AND INFORMATION ORDER
0
1. The authority citation for part 1221 continues to read as follows:
Authority: 7 U.S.C. 7411-7425 and 7 U.S.C. 7401.
Sec. 1221.112 [Amended]
0
2. In Sec. 1221.112 remove paragraphs (g) and (h) and redesignate
paragraphs (i) through (m) as paragraphs (g) through (k), respectively.
Sec. Sec. 1221.118, 1221.119, and 1221.120 [Removed]
0
3. Remove Sec. Sec. 1221.118, 1221.119, and 1221.120.
0
4. Revise Sec. 1221.128(a) to read as follows:
Sec. 1221.128 Qualification.
(a) Organizations receiving qualification from the Secretary will
be entitled to submit requests for funding to the Board pursuant to
Sec. 1221.112(h). Only one sorghum producer organization per State may
be qualified.
* * * * *
PART 1280--LAMB PROMOTION, RESEARCH, AND INFORMATION ORDER
0
5. The authority citation for part 1280 continues to read as follows:
Authority: 7 U.S.C. 7411-7425 and 7 U.S.C. 7401.
Sec. Sec. 1280.214, 1280.215, 1280.216, and 1280.403 [Removed]
0
6. Remove Sec. Sec. 1280.214, 1280.215, 1280.216, and 1280.403.
Dated: July 20, 2018.
Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2018-15893 Filed 7-24-18; 8:45 am]
BILLING CODE 3410-02-P
