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]

Download as PDF 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 PO 00000 Frm 00001 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