Mushroom Promotion, Research, and Consumer Information Order; Reallocation of Council Membership, 3114-3116 [2019-01727]
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3114
Proposed Rules
Federal Register
Vol. 84, No. 28
Monday, February 11, 2019
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1209
[Document Number AMS–SC–18–0009]
Mushroom Promotion, Research, and
Consumer Information Order;
Reallocation of Council Membership
Agricultural Marketing Service,
USDA.
ACTION: Proposed rule.
AGENCY:
This proposal invites
comments on reallocating the
membership of the Mushroom Council
(Council) under the Agricultural
Marketing Service’s (AMS) regulations
regarding a national research and
promotion program for mushrooms.
This action was recommended by the
Council after a review of the geographic
distribution of the volume of mushroom
production throughout the United States
and the volume of imports. The number
of Council members would be revised in
two of the four geographic regions under
the program. This action is necessary to
provide for equitable representation of
producers and importers on the Council.
DATES: Comments must be received by
March 13, 2019.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this proposal. Comments
may be submitted on the internet at:
http://www.regulations.gov or to the
Promotion and Economics Division,
Specialty Crops Program, AMS, USDA,
1400 Independence Avenue SW, Room
1406–S, Stop 0244, Washington, DC
20250–0244; facsimile: (202) 205–2800.
All comments should reference the
document number and the date and
page number of this issue of the Federal
Register and will be made available for
public inspection, including name and
address, if provided, in the above office
during regular business hours or it can
be viewed at http://
www.regulations.gov.
SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Stacy Jones King, Marketing Specialist,
Promotion and Economics Division,
Specialty Crops Program, AMS, USDA,
1400 Independence Avenue SW, Room
1406–S, Stop 0244, Washington, DC
20250–0244; telephone: (202) 720–9915;
facsimile (202) 205–2800; or electronic
mail: Stacy.JonesKing@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This
proposal affecting 7 CFR part 1209 is
authorized under the Mushroom
Promotion, Research, and Consumer
Information Act of 1990 (Act) (7 U.S.C.
6101–6112).
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 would not have
substantial and direct effects on Tribal
governments and would not have
significant Tribal implications.
Executive Order 12988
This proposal has been reviewed
under Executive Order 12988, Civil
Justice Reform. It is not intended to
have retroactive effect. Section 1930 of
the Act (7 U.S.C. 6109) provides that it
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Sfmt 4702
shall not affect or preempt any other
Federal or State law authorizing
promotion or research relating to
mushrooms.
Under section 1927 of the Act (7
U.S.C. 6106), a person subject to an
order issued under the Act may file a
written petition with USDA stating that
an order, any provision of the order, or
any obligation imposed in connection
with the order, is not established in
accordance with the law, and request a
modification of the order or an
exemption from the order. Any petition
filed challenging an order, any
provision of an order, or any obligation
imposed in connection with the order,
shall be filed within two years after the
effective date of an order, 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 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 proposal invites comments on
reallocating the membership of the
Council established under the
Mushroom Promotion, Research, and
Consumer Information Order (Order).
The Order is administered by the
Council with oversight by USDA. This
action was recommended by the
Council after a review of the geographic
distribution of the volume of mushroom
production throughout the United States
and the volume of imports. The number
of Council members would be revised in
two of the four regions under the
program. This action is necessary to
provide for equitable representation of
producers and importers on the Council.
Section 1209.30(a) of the Order
specifies that the Council shall consist
of not less than four or more than nine
members who are mushroom producers
and importers. Pursuant to § 1209.30(b),
for purposes of nominating and
appointing producers to the Council, the
United States is divided into three
geographic regions and the number of
Council members from each region are
currently as follows: (1) Region 1: All
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Federal Register / Vol. 84, No. 28 / Monday, February 11, 2019 / Proposed Rules
other States including the District of
Columbia and the Commonwealth of
Puerto Rico except for Pennsylvania and
California—two members; (2) Region 2:
Pennsylvania—four members; and (3)
Region 3: California—two members.
Pursuant to § 1209.30(c), importers are
represented by a single, separate region,
referred to as Region 4, when imports,
on average, equal or exceed 50,000,000
pounds of mushrooms annually.
Section 1209.30(d) prescribes that, at
least every five years, and not more than
every three years, the Council must
review changes in the geographic
distribution of mushroom production
volume throughout the United States
and import volume, using the average
annual mushroom production and
imports over the preceding four years.
The Council must recommend to the
Secretary reapportionment of the
regions and/or modification of the
number of members from such regions
as necessary to best reflect the
geographic distribution of mushroom
production volume in the United States
and representation of imports, if
applicable.
Section 1209.30(e) prescribes a
procedure to be used to determine the
number of members for each region to
serve on the Council, subject to the
nine-member maximum limitation. Each
region that produces, on average, at least
50,000,000 pounds of mushrooms
annually is entitled to one
representative on the Council. Importers
are represented by a single, separate
region, which is entitled to one
representative, if the region imports, on
average, at least 50,000,000 pounds of
mushrooms annually. If the annual
production of a region is greater than
110,000,000 pounds, but less than or
equal to 180,000,000 pounds, the region
must be represented by one additional
member. If the annual production of a
region is greater than 180,000,000
pounds, but less than or equal to
260,000,000 pounds, the region must be
represented by two additional members.
3115
If the annual production of a region is
greater than 260,000,000 pounds, the
region must be represented by three
additional members. Finally, if in the
aggregate, regions are entitled to levels
of representation that would exceed the
nine-member limit on the Council, the
seat or seats assigned shall be assigned
to that region or those regions with
greater on-average production or import
volume than the other regions otherwise
eligible at that increment level.1
The Council met in February 2018
and reviewed the geographic
distribution of mushroom production
volume throughout the United States
and import volume to assess whether
reapportionment of the current regions
or modification of the number of
members from such regions, or both
were warranted. Table 1 below is based
on Council assessment data for the
preceding four years (2014 through
2017).
TABLE 1—ANALYSIS OF COUNCIL REPRESENTATION BASED ON ASSESSMENT DATA
1
2
3
4
In millions
Current
council
representation
Region
(All other States) .......
(PA) ...........................
(CA) ...........................
(Imports) ....................
2014 pounds
2015 pounds
2016 pounds
2017 pounds
4-year
average
New council
representation
2
4
2
1
202.7
480.6
109.5
98.8
205
488
102.3
110.1
203.8
477.8
106.7
119.3
196
502.6
91.2
132
201.9
487.3
102.4
115.1
3
4
1
1
9
........................
........................
........................
........................
........................
9
Table 2 below provides a similar
analysis based on U.S. production data
from USDA’s National Agricultural
Statistics Service (NASS) and import
data from USDA’s Global Agricultural
Trade System (GATS).2
TABLE 2—ANALYSIS OF COUNCIL REPRESENTATION BASED ON NASS AND GATS DATA
Region
1
2
3
4
In millions
Current
council
representation
(All other States) .......
(PA) ...........................
(CA) ...........................
(Imports) ....................
2015 pounds
2016 pounds
2017 pounds
4-year
average
2
4
2
1
208.8
571.7
101.5
........................
217.5
584.0
105.6
........................
221.6
587.4
109.9
........................
223.9
577.6
101.7
........................
218.0
580.2
104.7
........................
3
4
1
1
9
........................
........................
........................
........................
........................
9
Council Recommendation
Based on its analysis, the Council
unanimously recommended increasing
the number of members in Region 1 by
one and decreasing the number of
1 On average means a rolling average of
production or imports during the last two fiscal
years, or such other period as may be determined
by the Secretary (7 CFR part 1209.2).
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New council
representation
2014 pounds
Jkt 247001
members in Region 3 by one. This
action is necessary to provide for
equitable representation of producers
and importers on the Council. No
changes are necessary to the number of
members in Regions 2 and 4 or to the
make-up of any of the regions. Section
1209.230 which is currently reserved,
would be added accordingly.
2 NASS United States Department of Agriculture
(USDA) (2018) Quick Stats. U.S. Department of
Agriculture, National Agricultural Statistics
Service, Washington DC. https://
quickstats.nass.usda.gov/.
GATS United States Department of Agriculture
(USDA) (2018) Global Agricultural Trade System.
U.S. Department of Agriculture, Foreign
Agricultural Service, Washington DC. https://
apps.fas.usda.gov/gats/.
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Federal Register / Vol. 84, No. 28 / Monday, February 11, 2019 / Proposed Rules
Initial Regulatory Flexibility Act
Analysis
In accordance with the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601–
612), AMS is required to examine the
impact of the proposed rule on small
entities. Accordingly, AMS has
considered the economic impact of this
action on such entities.
The purpose of the RFA is to fit
regulatory actions to the scale of
businesses subject to such actions so
that small businesses will not be
disproportionately burdened. The Small
Business Administration (SBA) defines,
in 13 CFR part 121, small agricultural
producers as those having annual
receipts of no more than $750,000 and
small agricultural service firms
(importers) as those having annual
receipts of no more than $7.5 million.
It is estimated that there are about 120
mushroom producers in the United
States and about 20 importers eligible to
serve on the Council. The majority of
these producers and importers would be
considered small entities as defined by
the SBA. Persons who produce or
import organic mushrooms or who
produce or import 500,000 pounds or
less on average of mushrooms annually
for the fresh market are exempt from the
requirements of the Order.
This proposal invites comments on
reallocating the membership of the
Council under the Order. The Order is
administered by the Council with
oversight by USDA. This action was
recommended by the Council after a
review of the geographic distribution of
the volume of mushroom production
throughout the United States and the
volume of imports. The number of
Council members would be revised in
two of the four regions under the
program. This action is necessary to
provide for equitable representation of
producers and importers on the Council.
Section 1209.230 which is currently
reserved, would be added accordingly.
Authority for this action is provided in
section 1209.30(d) of the Order and
section 6104 of the Act (7 U.S.C. 6104).
Regarding the economic impact of this
proposed rule on affected entities,
revising the number of members in
Regions 1 and 3 would impose no
additional costs on industry members.
Eligible producers and importers
interested in serving on the Council
would have to complete a background
questionnaire. Those requirements are
addressed in the section below titled
Reporting and Recordkeeping
Requirements. The changes are
necessary to provide for the equitable
representation of producers and
importers on the Council.
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Regarding alternatives, one option to
the proposed action would be to
maintain the status quo and not revise
the number of Council members
representing Regions 1 and 3. However,
the Council’s analysis of the assessment
data and NASS and GATS data support
the proposed changes. USDA concludes
that the changes are necessary and
appropriate.
Reporting and Recordkeeping
Requirements
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the background form,
which represents the information
collection and recordkeeping
requirements that are imposed under
the program, have been approved
previously under OMB number 0581–
0093. The mushroom Order requires
that two nominees be submitted for each
vacant position. With regard to
information collection requirements,
producers and importers interested in
serving on the Council must submit
background forms (Form AD–755) to
USDA to verify their eligibility for
appointment to the Council. However,
serving on the Council is voluntary, and
the burden of submitting the
background form would be offset by the
benefits of serving on the Council.
As with all Federal promotion
programs, reports and forms are
periodically reviewed to reduce
information collection requirements and
duplication by industry and public
sector agencies. USDA has not
identified any relevant Federal rules
that duplicate, overlap, or conflict with
this proposed rule. AMS is committed
to complying with the E-Government
Act, to promote the use of the internet
and other information technologies to
provide increased opportunities for
citizen access to Government
information and services, and for other
purposes.
Regarding outreach efforts, this action
was discussed by the Council at its
meeting held in February 2018 where
the Council unanimously made its
recommendation. All of the Council’s
meetings are open to the public and
interested persons are invited to
participate and express their views.
AMS has performed this initial RFA
regarding the impact of this proposed
action on small entities and invites
comments concerning potential effects
of this action.
A 30-day comment period is provided
to allow interested persons to respond
to this proposal. All written comments
received in response to this proposed
rule by the date specified would be
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Frm 00003
Fmt 4702
Sfmt 4702
considered prior to finalizing this
action.
List of Subjects in 7 CFR Part 1209
Administrative practice and
procedure, Advertising, Consumer
information, Marketing agreements,
Mushroom promotion, Reporting and
recordkeeping requirements.
For the reasons set forth in the
preamble, 7 CFR part 1209 is proposed
to be amended as follows:
PART 1209—MUSHROOM
PROMOTION, RESEARCH AND
CONSUMER INFORMATION ORDER
1. The authority citation for 7 CFR
part 1209 continues to read as follows:
■
Authority: 7 U.S.C. 6101–6112 and 7
U.S.C. 7401.
2. Section 1209.230 is added to read
as follows:
■
§ 1209.230
members.
Reallocation of Council
Pursuant to § 1209.30 of the Order,
the number of members on the Council
shall be as follows:
(1) Region 1: All other States
including the District of Columbia and
the Commonwealth of Puerto Rico
except for Pennsylvania and
California—3 Members.
(2) Region 2: The State of
Pennsylvania—4 Members.
(3) Region 3: The State of California—
1 Member.
(4) Region 4: Importers—1 Member.
Dated: February 5, 2019.
Bruce Summers,
Administrator.
[FR Doc. 2019–01727 Filed 2–8–19; 8:45 am]
BILLING CODE 3410–02–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Parts 34, 36, and 39
[Docket No. PRM–34–7; NRC–2016–0182]
Individual Monitoring Devices for
Industrial Radiographic Personnel
Nuclear Regulatory
Commission.
ACTION: Petition for rulemaking; partial
consideration in the rulemaking
process.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) will consider in its
rulemaking process one issue raised in
a petition for rulemaking (PRM), PRM–
34–7, submitted by the American
Society for Nondestructive Testing
(ASNT) and the Nondestructive Testing
SUMMARY:
E:\FR\FM\11FEP1.SGM
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Agencies
[Federal Register Volume 84, Number 28 (Monday, February 11, 2019)]
[Proposed Rules]
[Pages 3114-3116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01727]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 84, No. 28 / Monday, February 11, 2019 /
Proposed Rules
[[Page 3114]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1209
[Document Number AMS-SC-18-0009]
Mushroom Promotion, Research, and Consumer Information Order;
Reallocation of Council Membership
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposal invites comments on reallocating the membership
of the Mushroom Council (Council) under the Agricultural Marketing
Service's (AMS) regulations regarding a national research and promotion
program for mushrooms. This action was recommended by the Council after
a review of the geographic distribution of the volume of mushroom
production throughout the United States and the volume of imports. The
number of Council members would be revised in two of the four
geographic regions under the program. This action is necessary to
provide for equitable representation of producers and importers on the
Council.
DATES: Comments must be received by March 13, 2019.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposal. Comments may be submitted on the internet at:
http://www.regulations.gov or to the Promotion and Economics Division,
Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, Room
1406-S, Stop 0244, Washington, DC 20250-0244; facsimile: (202) 205-
2800. All comments should reference the document number and the date
and page number of this issue of the Federal Register and will be made
available for public inspection, including name and address, if
provided, in the above office during regular business hours or it can
be viewed at http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Stacy Jones King, Marketing
Specialist, Promotion and Economics Division, Specialty Crops Program,
AMS, USDA, 1400 Independence Avenue SW, Room 1406-S, Stop 0244,
Washington, DC 20250-0244; telephone: (202) 720-9915; facsimile (202)
205-2800; or electronic mail: Stacy.JonesKing@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This proposal affecting 7 CFR part 1209 is
authorized under the Mushroom Promotion, Research, and Consumer
Information Act of 1990 (Act) (7 U.S.C. 6101-6112).
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 would not
have substantial and direct effects on Tribal governments and would not
have significant Tribal implications.
Executive Order 12988
This proposal has been reviewed under Executive Order 12988, Civil
Justice Reform. It is not intended to have retroactive effect. Section
1930 of the Act (7 U.S.C. 6109) provides that it shall not affect or
preempt any other Federal or State law authorizing promotion or
research relating to mushrooms.
Under section 1927 of the Act (7 U.S.C. 6106), a person subject to
an order issued under the Act may file a written petition with USDA
stating that an order, any provision of the order, or any obligation
imposed in connection with the order, is not established in accordance
with the law, and request a modification of the order or an exemption
from the order. Any petition filed challenging an order, any provision
of an order, or any obligation imposed in connection with the order,
shall be filed within two years after the effective date of an order,
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 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 proposal invites comments on reallocating the membership of
the Council established under the Mushroom Promotion, Research, and
Consumer Information Order (Order). The Order is administered by the
Council with oversight by USDA. This action was recommended by the
Council after a review of the geographic distribution of the volume of
mushroom production throughout the United States and the volume of
imports. The number of Council members would be revised in two of the
four regions under the program. This action is necessary to provide for
equitable representation of producers and importers on the Council.
Section 1209.30(a) of the Order specifies that the Council shall
consist of not less than four or more than nine members who are
mushroom producers and importers. Pursuant to Sec. 1209.30(b), for
purposes of nominating and appointing producers to the Council, the
United States is divided into three geographic regions and the number
of Council members from each region are currently as follows: (1)
Region 1: All
[[Page 3115]]
other States including the District of Columbia and the Commonwealth of
Puerto Rico except for Pennsylvania and California--two members; (2)
Region 2: Pennsylvania--four members; and (3) Region 3: California--two
members. Pursuant to Sec. 1209.30(c), importers are represented by a
single, separate region, referred to as Region 4, when imports, on
average, equal or exceed 50,000,000 pounds of mushrooms annually.
Section 1209.30(d) prescribes that, at least every five years, and
not more than every three years, the Council must review changes in the
geographic distribution of mushroom production volume throughout the
United States and import volume, using the average annual mushroom
production and imports over the preceding four years. The Council must
recommend to the Secretary reapportionment of the regions and/or
modification of the number of members from such regions as necessary to
best reflect the geographic distribution of mushroom production volume
in the United States and representation of imports, if applicable.
Section 1209.30(e) prescribes a procedure to be used to determine
the number of members for each region to serve on the Council, subject
to the nine-member maximum limitation. Each region that produces, on
average, at least 50,000,000 pounds of mushrooms annually is entitled
to one representative on the Council. Importers are represented by a
single, separate region, which is entitled to one representative, if
the region imports, on average, at least 50,000,000 pounds of mushrooms
annually. If the annual production of a region is greater than
110,000,000 pounds, but less than or equal to 180,000,000 pounds, the
region must be represented by one additional member. If the annual
production of a region is greater than 180,000,000 pounds, but less
than or equal to 260,000,000 pounds, the region must be represented by
two additional members. If the annual production of a region is greater
than 260,000,000 pounds, the region must be represented by three
additional members. Finally, if in the aggregate, regions are entitled
to levels of representation that would exceed the nine-member limit on
the Council, the seat or seats assigned shall be assigned to that
region or those regions with greater on-average production or import
volume than the other regions otherwise eligible at that increment
level.\1\
---------------------------------------------------------------------------
\1\ On average means a rolling average of production or imports
during the last two fiscal years, or such other period as may be
determined by the Secretary (7 CFR part 1209.2).
---------------------------------------------------------------------------
The Council met in February 2018 and reviewed the geographic
distribution of mushroom production volume throughout the United States
and import volume to assess whether reapportionment of the current
regions or modification of the number of members from such regions, or
both were warranted. Table 1 below is based on Council assessment data
for the preceding four years (2014 through 2017).
Table 1--Analysis of Council Representation Based on Assessment Data
--------------------------------------------------------------------------------------------------------------------------------------------------------
Current In millions
Region council -------------------------------------------------------------------------------- New council
representation 2014 pounds 2015 pounds 2016 pounds 2017 pounds 4-year average representation
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 (All other States).................... 2 202.7 205 203.8 196 201.9 3
2 (PA).................................. 4 480.6 488 477.8 502.6 487.3 4
3 (CA).................................. 2 109.5 102.3 106.7 91.2 102.4 1
4 (Imports)............................. 1 98.8 110.1 119.3 132 115.1 1
---------------------------------------------------------------------------------------------------------------
9 .............. .............. .............. .............. .............. 9
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 2 below provides a similar analysis based on U.S. production
data from USDA's National Agricultural Statistics Service (NASS) and
import data from USDA's Global Agricultural Trade System (GATS).\2\
---------------------------------------------------------------------------
\2\ NASS United States Department of Agriculture (USDA) (2018)
Quick Stats. U.S. Department of Agriculture, National Agricultural
Statistics Service, Washington DC. https://quickstats.nass.usda.gov/.
GATS United States Department of Agriculture (USDA) (2018)
Global Agricultural Trade System. U.S. Department of Agriculture,
Foreign Agricultural Service, Washington DC. https://apps.fas.usda.gov/gats/.
Table 2--Analysis of Council Representation Based on NASS and GATS Data
--------------------------------------------------------------------------------------------------------------------------------------------------------
Current In millions
Region council -------------------------------------------------------------------------------- New council
representation 2014 pounds 2015 pounds 2016 pounds 2017 pounds 4-year average representation
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 (All other States).................... 2 208.8 217.5 221.6 223.9 218.0 3
2 (PA).................................. 4 571.7 584.0 587.4 577.6 580.2 4
3 (CA).................................. 2 101.5 105.6 109.9 101.7 104.7 1
4 (Imports)............................. 1 .............. .............. .............. .............. .............. 1
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9 .............. .............. .............. .............. .............. 9
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Council Recommendation
Based on its analysis, the Council unanimously recommended
increasing the number of members in Region 1 by one and decreasing the
number of members in Region 3 by one. This action is necessary to
provide for equitable representation of producers and importers on the
Council. No changes are necessary to the number of members in Regions 2
and 4 or to the make-up of any of the regions. Section 1209.230 which
is currently reserved, would be added accordingly.
[[Page 3116]]
Initial Regulatory Flexibility Act Analysis
In accordance with the Regulatory Flexibility Act (RFA) (5 U.S.C.
601-612), AMS is required to examine the impact of the proposed rule on
small entities. Accordingly, AMS has considered the economic impact of
this action on such entities.
The purpose of the RFA is to fit regulatory actions to the scale of
businesses subject to such actions so that small businesses will not be
disproportionately burdened. The Small Business Administration (SBA)
defines, in 13 CFR part 121, small agricultural producers as those
having annual receipts of no more than $750,000 and small agricultural
service firms (importers) as those having annual receipts of no more
than $7.5 million.
It is estimated that there are about 120 mushroom producers in the
United States and about 20 importers eligible to serve on the Council.
The majority of these producers and importers would be considered small
entities as defined by the SBA. Persons who produce or import organic
mushrooms or who produce or import 500,000 pounds or less on average of
mushrooms annually for the fresh market are exempt from the
requirements of the Order.
This proposal invites comments on reallocating the membership of
the Council under the Order. The Order is administered by the Council
with oversight by USDA. This action was recommended by the Council
after a review of the geographic distribution of the volume of mushroom
production throughout the United States and the volume of imports. The
number of Council members would be revised in two of the four regions
under the program. This action is necessary to provide for equitable
representation of producers and importers on the Council. Section
1209.230 which is currently reserved, would be added accordingly.
Authority for this action is provided in section 1209.30(d) of the
Order and section 6104 of the Act (7 U.S.C. 6104).
Regarding the economic impact of this proposed rule on affected
entities, revising the number of members in Regions 1 and 3 would
impose no additional costs on industry members. Eligible producers and
importers interested in serving on the Council would have to complete a
background questionnaire. Those requirements are addressed in the
section below titled Reporting and Recordkeeping Requirements. The
changes are necessary to provide for the equitable representation of
producers and importers on the Council.
Regarding alternatives, one option to the proposed action would be
to maintain the status quo and not revise the number of Council members
representing Regions 1 and 3. However, the Council's analysis of the
assessment data and NASS and GATS data support the proposed changes.
USDA concludes that the changes are necessary and appropriate.
Reporting and Recordkeeping Requirements
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), the background form, which represents the information
collection and recordkeeping requirements that are imposed under the
program, have been approved previously under OMB number 0581-0093. The
mushroom Order requires that two nominees be submitted for each vacant
position. With regard to information collection requirements, producers
and importers interested in serving on the Council must submit
background forms (Form AD-755) to USDA to verify their eligibility for
appointment to the Council. However, serving on the Council is
voluntary, and the burden of submitting the background form would be
offset by the benefits of serving on the Council.
As with all Federal promotion programs, reports and forms are
periodically reviewed to reduce information collection requirements and
duplication by industry and public sector agencies. USDA has not
identified any relevant Federal rules that duplicate, overlap, or
conflict with this proposed rule. AMS is committed to complying with
the E-Government Act, to promote the use of the internet and other
information technologies to provide increased opportunities for citizen
access to Government information and services, and for other purposes.
Regarding outreach efforts, this action was discussed by the
Council at its meeting held in February 2018 where the Council
unanimously made its recommendation. All of the Council's meetings are
open to the public and interested persons are invited to participate
and express their views.
AMS has performed this initial RFA regarding the impact of this
proposed action on small entities and invites comments concerning
potential effects of this action.
A 30-day comment period is provided to allow interested persons to
respond to this proposal. All written comments received in response to
this proposed rule by the date specified would be considered prior to
finalizing this action.
List of Subjects in 7 CFR Part 1209
Administrative practice and procedure, Advertising, Consumer
information, Marketing agreements, Mushroom promotion, Reporting and
recordkeeping requirements.
For the reasons set forth in the preamble, 7 CFR part 1209 is
proposed to be amended as follows:
PART 1209--MUSHROOM PROMOTION, RESEARCH AND CONSUMER INFORMATION
ORDER
0
1. The authority citation for 7 CFR part 1209 continues to read as
follows:
Authority: 7 U.S.C. 6101-6112 and 7 U.S.C. 7401.
0
2. Section 1209.230 is added to read as follows:
Sec. 1209.230 Reallocation of Council members.
Pursuant to Sec. 1209.30 of the Order, the number of members on
the Council shall be as follows:
(1) Region 1: All other States including the District of Columbia
and the Commonwealth of Puerto Rico except for Pennsylvania and
California--3 Members.
(2) Region 2: The State of Pennsylvania--4 Members.
(3) Region 3: The State of California--1 Member.
(4) Region 4: Importers--1 Member.
Dated: February 5, 2019.
Bruce Summers,
Administrator.
[FR Doc. 2019-01727 Filed 2-8-19; 8:45 am]
BILLING CODE 3410-02-P