Mushroom Promotion, Research, and Consumer Information Order; Reallocation of Council Membership, 17059-17062 [2019-08177]
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Federal Register / Vol. 84, No. 79 / Wednesday, April 24, 2019 / Rules and Regulations
at the previously mentioned address in
the FOR FURTHER INFORMATION CONTACT
section.
USDA has determined that good cause
exists for not postponing the effective
date of this rule until 30 days after
publication in the Federal Register.
This final rule increases the saleable
quantity and allotment percentage of
Native spearmint oil for the 2018–2019
marketing year. Because this final rule
relaxes the volume regulation
requirements established under the
Order for Native spearmint oil for the
2018–2019 marketing year, good cause
exists to not delay the effective date of
this rule.
List of Subjects in 7 CFR Part 985
DATES:
Marketing agreements, Oils and fats,
Reporting and recordkeeping
requirements, Spearmint oil.
For the reasons set forth in the
preamble, 7 CFR part 985 is amended as
follows:
PART 985—MARKETING ORDER
REGULATING THE HANDLING OF
SPEARMINT OIL PRODUCED IN THE
FAR WEST
Authority: 7 U.S.C. 601–674.
2. In § 985.233, revise paragraph (b) to
read as follows:
■
§ 985.233 Salable quantities and allotment
percentages.
*
*
*
*
*
(b) Class 3 (Native) oil—a salable
quantity of 1,431,350 pounds and an
allotment percentage of 58 percent.
Dated: April 18, 2019.
Bruce Summers,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2019–08180 Filed 4–23–19; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1209
[Document Number AMS–SC–18–0009]
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Mushroom Promotion, Research, and
Consumer Information Order;
Reallocation of Council Membership
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
This rule reallocates the
membership of the Mushroom Council
15:47 Apr 23, 2019
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FOR FURTHER INFORMATION CONTACT:
Marlene Betts, 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: Marlene.Betts@ams.usda.gov.
This rule
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).
1. The authority citation for part 985
continues to read as follows:
VerDate Sep<11>2014
Effective Date: May 24, 2019.
SUPPLEMENTARY INFORMATION:
■
SUMMARY:
(Council) under the Agricultural
Marketing Service’s (AMS) regulations
regarding a national research and
promotion program for mushrooms. The
Council administers the regulations
with oversight by the U.S. Department
of Agriculture (USDA). This rule 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. This rule revises the
number of Council members 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.
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 rulemaking has been
determined to be not significant for
purposes of Executive Order 13563.
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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17059
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 rule 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 rule reallocates the membership
of the Council established under the
Mushroom Promotion, Research, and
Consumer Information Order (Order).
The Order (7 CFR part 1209) 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. This rule revises the
number of Council members
representing two of the four regions
under the program. This action is
necessary to provide for equitable
representation of producers and
importers on the Council.
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Federal Register / Vol. 84, No. 79 / Wednesday, April 24, 2019 / Rules and Regulations
Section 1209.30(a) 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 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.
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
Current
council
representation
Region
2014 pounds
2015 pounds
2016 pounds
2017 pounds
4-year
average
New council
representation
In millions
1 (All other States) .......
2
202.7
205
203.8
196
201.9
3
2 (PA) ...........................
3 (CA) ...........................
4 (Imports) ....................
4
2
1
480.6
109.5
98.8
488
102.3
110.1
477.8
106.7
119.3
502.6
91.2
132
487.3
102.4
115.1
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
Current
council
representation
2014 pounds
2015 pounds
2016 pounds
2017 pounds
4-year
average
New council
representation
In millions
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1
2
3
4
(All other States) .......
(PA) ...........................
(CA) ...........................
(Imports) ....................
2
4
2
1
208.8
571.7
101.5
80.6
217.5
584.0
105.6
89.5
221.6
587.4
109.9
102.0
223.9
577.6
101.7
111.3
218.0
580.2
104.7
98.5
3
4
1
1
9
........................
........................
........................
........................
........................
9
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.
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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/.
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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. 79 / Wednesday, April 24, 2019 / Rules and Regulations
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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,
will be added accordingly.
Final 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 rule reallocates 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 rule revises the
number of Council members 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, is
being added accordingly. Authority for
this action is provided in § 1209.30(d) of
the Order and section 6104 of the Act
(7 U.S.C. 6104).
Regarding the economic impact of this
rule on affected entities, revising the
VerDate Sep<11>2014
15:47 Apr 23, 2019
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number of members in Regions 1 and 3
will impose no additional costs on
industry members. Eligible producers
and importers interested in serving on
the Council will 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 action regarding revising the number
of Council members in two of four
regions 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 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 a
background form (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
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17061
interested persons are invited to
participate and express their views.
A proposed rule concerning this
action was published in the Federal
Register on February 11, 2019 (84 FR
3114). A 30-day comment period ending
March 13, 2019, was provided to allow
interested persons to submit comments.
Analysis of Comment
Eight comments were received in
response to the proposed rule. Of those
eight comments, four comments
supported the reallocation of Council
members in two regions to more
accurately represent the volume of
production, one comment was opposed,
and three comments were outside the
scope of the rulemaking.
The comments that supported the
proposed changes agreed with
reallocating the number of members in
two regions in order to more accurately
represent the volume of production.
Specifically, the comments supported
increasing the number of member seats
by one in Region 1 and decreasing the
number of member seats by one in
Region 3. In addition, the supporters
recommended that the length of term for
the new member in Region 1 be for a
two-year term instead of the standard
three-year term for the purpose of
staggering the terms of the members
representing Region 1. According to
section 1925 of the Act (7 U.S.C. 6104)
and § 1209.34 of the Order, members of
the Council shall serve for terms of three
years, except for members appointed to
the initial Council. Since this is not the
‘‘initial’’ Council, members of the
Council shall serve terms of three years,
and therefore, the recommendation for a
two-year term is not accepted.
One comment disagreed with the
Council membership being determined
based on geographic production
volume. The commenter wants more
diversification by type of mushroom
growing method and suggests
consideration of seats for growers
specializing in farmers market
distribution and those using sustainable
agricultural practices. Section 1925 of
the Act (7 U.S.C. 6104) and § 1209.30 of
the Order state that the establishment
and membership of the Council shall
consider the geographical distribution of
mushroom production throughout the
U.S. and the comparative volume of
mushrooms imported into the U.S. In
addition, the Council has a diverse
membership and has a policy to
continuously pursue diverse
representation in size of operations,
experience of members, methods of
production, and other factors to bring
individuals with different perspectives
to the Council. Further, the Council’s
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Federal Register / Vol. 84, No. 79 / Wednesday, April 24, 2019 / Rules and Regulations
meetings are open to the public and
interested persons are invited to
participate and express their views.
No changes have been made to the
proposed rule based on the comments
received.
After consideration of all relevant
matters presented, including the
information and recommendations
submitted by the Council, the comments
received, and other available
information, it is hereby found that this
rule, as hereinafter set forth, is
consistent with and will effectuate the
purposes of the Act.
List of Subjects in 7 CFR Part 1209
Administrative practice and
procedure, Advertising, Consumer
information, Marketing agreements,
Mushroom promotion, Reporting and
recordkeeping requirements.
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. Revise the heading for subpart B to
read as follows:
■
Subpart B—Administrative
Requirements
3. Section 1209.230 is added to read
as follows:
■
Reallocation of Council
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Pursuant to § 1209.30, the number of
members on the Council shall be as
follows:
(a) Region 1: All other States
including the District of Columbia and
the Commonwealth of Puerto Rico
except for Pennsylvania and
California—3 Members.
(b) Region 2: The State of
Pennsylvania—4 Members.
(c) Region 3: The State of California—
1 Member.
(d) Region 4: Importers—1 Member.
Dated: April 18, 2019.
Bruce Summers,
Administrator.
[FR Doc. 2019–08177 Filed 4–23–19; 8:45 am]
BILLING CODE 3410–02–P
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15:47 Apr 23, 2019
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Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2017–0522; Product
Identifier 2015–SW–068–AD; Amendment
39–19621; AD 2019–07–10]
RIN 2120–AA64
Airworthiness Directives; Northrop
Grumman LITEF GmbH LCR–100
Attitude and Heading Reference
System Units
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for
Northrop Grumman LITEF GmbH LCR–
100 Attitude and Heading Reference
System (AHRS) units installed on
various aircraft. This AD requires
removing certain LCR–100 AHRS units
from service. This AD was prompted by
test results showing loss of or invalid
data. The actions of this AD are
intended to prevent an unsafe condition
on these products.
DATES: This AD is effective May 29,
2019.
ADDRESSES: For service information
identified in this final rule, contact
Northrop Grumman LITEF GmbH,
Customer Service—Commercial
Avionics, Loerracher Str. 18, 79115
Freiburg, Germany; telephone +49 (761)
4901–142; fax +49 (761) 4901–773;
email ahrs.support@ng-litef.de. You
may review the referenced service
information at the FAA, Office of the
Regional Counsel, Southwest Region,
10101 Hillwood Pkwy., Room 6N–321,
Fort Worth, TX 76177.
SUMMARY:
For the reasons set forth in the
preamble, 7 CFR part 1209 is hereby
amended as follows:
§ 1209.230
members.
DEPARTMENT OF TRANSPORTATION
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2017–
0522; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this AD, the
European Aviation Safety Agency
(EASA) AD, the economic evaluation,
any comments received, and other
information. The street address for
Docket Operations (phone: 800–647–
5527) is U.S. Department of
Transportation, Docket Operations
Office, M–30, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Nick
Rediess, Aviation Safety Engineer,
PO 00000
Frm 00008
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Boston ACO Branch, Compliance and
Airworthiness Division, 1200 District
Avenue, Burlington, Massachusetts
01803; telephone (781) 238–7763; email
nicholas.rediess@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
On June 5, 2017, at 82 FR 25742, the
Federal Register published our notice of
proposed rulemaking (NPRM), which
proposed to amend 14 CFR part 39 by
adding an AD that would apply to
airplanes and helicopters with a
Northrop Grumman LITEF GmbH LCR–
100 AHRS unit part number (P/N)
145130–2000, 145130–2001, 145130–
7000, 145130–7001, or 145130–7100
installed that uses analog outputs for
primary flight information display or
autopilot functions without automatic
output comparison. A primary flight
information display includes any device
that displays to the pilot primary flight
information such as attitude, airspeed,
and altitude. Such displays include
primary flight displays, standby
instruments, and multifunction displays
that provide a secondary display of
primary flight information. The NPRM
proposed to require removing these
LCR–100 AHRS units from service and
to prohibit installing them on any
aircraft.
These units are often used to supply
attitude and heading data to Primary
Flight Displays (PFDs), autopilots, and
other avionics. Northrop Grumman
LITEF GmbH discovered erroneous
behavior of an AHRS unit when the
unit’s continuous built-in test detects a
failure and then does not correctly reset.
When this occurs, the analog outputs of
attitude and heading data freeze and the
transmission of digital outputs of
attitude and heading stops. The effect of
the errors (display of misleading
information, providing an alert if the
attitude and heading data is frozen)
depends on how the AHRS unit outputs
are used in a particular installation. For
instance, if the AHRS unit analog
outputs are used by a PFD without any
automatic comparison with another
source of data, the PFD will display
misleading information, which could
lead to loss of control of the aircraft.
Other installations using the analog
outputs might include an automatic
comparison feature that detects and
provides an alert if the attitude and
heading data is frozen. A similar
situation would occur in installations
that use the digital outputs since the
erroneous behavior would be detected.
The NPRM proposed to only apply to
installations of the AHRS units using
analog outputs for the display of
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]]>Agencies
[Federal Register Volume 84, Number 79 (Wednesday, April 24, 2019)]
[Rules and Regulations]
[Pages 17059-17062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08177]
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule reallocates the membership of the Mushroom Council
(Council) under the Agricultural Marketing Service's (AMS) regulations
regarding a national research and promotion program for mushrooms. The
Council administers the regulations with oversight by the U.S.
Department of Agriculture (USDA). This rule 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. This rule revises the number of Council members 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: Effective Date: May 24, 2019.
FOR FURTHER INFORMATION CONTACT: Marlene Betts, 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: [email protected].
SUPPLEMENTARY INFORMATION: This rule 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 rulemaking has been determined to be not significant for purposes
of Executive Order 13563. 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 rule 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 rule reallocates the membership of the Council established
under the Mushroom Promotion, Research, and Consumer Information Order
(Order). The Order (7 CFR part 1209) 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. This
rule revises the number of Council members representing two of the four
regions under the program. This action is necessary to provide for
equitable representation of producers and importers on the Council.
[[Page 17060]]
Section 1209.30(a) 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 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.
---------------------------------------------------------------------------
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
Region council 2014 pounds 2015 pounds 2016 pounds 2017 pounds 4-year New council
representation average representation
--------------------------------------------------------------------------------------------------------------------------------------------------------
In millions
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
Region council 2014 pounds 2015 pounds 2016 pounds 2017 pounds 4-year average New council
representation representation
--------------------------------------------------------------------------------------------------------------------------------------------------------
In millions
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 80.6 89.5 102.0 111.3 98.5 1
-----------------
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[[Page 17061]]
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, will be added accordingly.
Final 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 rule reallocates 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 rule revises the
number of Council members 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, is being added accordingly. Authority for this
action is provided in Sec. 1209.30(d) of the Order and section 6104 of
the Act (7 U.S.C. 6104).
Regarding the economic impact of this rule on affected entities,
revising the number of members in Regions 1 and 3 will impose no
additional costs on industry members. Eligible producers and importers
interested in serving on the Council will 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 action regarding revising
the number of Council members in two of four regions 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 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 a
background form (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.
A proposed rule concerning this action was published in the Federal
Register on February 11, 2019 (84 FR 3114). A 30-day comment period
ending March 13, 2019, was provided to allow interested persons to
submit comments.
Analysis of Comment
Eight comments were received in response to the proposed rule. Of
those eight comments, four comments supported the reallocation of
Council members in two regions to more accurately represent the volume
of production, one comment was opposed, and three comments were outside
the scope of the rulemaking.
The comments that supported the proposed changes agreed with
reallocating the number of members in two regions in order to more
accurately represent the volume of production. Specifically, the
comments supported increasing the number of member seats by one in
Region 1 and decreasing the number of member seats by one in Region 3.
In addition, the supporters recommended that the length of term for the
new member in Region 1 be for a two-year term instead of the standard
three-year term for the purpose of staggering the terms of the members
representing Region 1. According to section 1925 of the Act (7 U.S.C.
6104) and Sec. 1209.34 of the Order, members of the Council shall
serve for terms of three years, except for members appointed to the
initial Council. Since this is not the ``initial'' Council, members of
the Council shall serve terms of three years, and therefore, the
recommendation for a two-year term is not accepted.
One comment disagreed with the Council membership being determined
based on geographic production volume. The commenter wants more
diversification by type of mushroom growing method and suggests
consideration of seats for growers specializing in farmers market
distribution and those using sustainable agricultural practices.
Section 1925 of the Act (7 U.S.C. 6104) and Sec. 1209.30 of the Order
state that the establishment and membership of the Council shall
consider the geographical distribution of mushroom production
throughout the U.S. and the comparative volume of mushrooms imported
into the U.S. In addition, the Council has a diverse membership and has
a policy to continuously pursue diverse representation in size of
operations, experience of members, methods of production, and other
factors to bring individuals with different perspectives to the
Council. Further, the Council's
[[Page 17062]]
meetings are open to the public and interested persons are invited to
participate and express their views.
No changes have been made to the proposed rule based on the
comments received.
After consideration of all relevant matters presented, including
the information and recommendations submitted by the Council, the
comments received, and other available information, it is hereby found
that this rule, as hereinafter set forth, is consistent with and will
effectuate the purposes of the Act.
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
hereby 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. Revise the heading for subpart B to read as follows:
Subpart B--Administrative Requirements
0
3. Section 1209.230 is added to read as follows:
Sec. 1209.230 Reallocation of Council members.
Pursuant to Sec. 1209.30, the number of members on the Council
shall be as follows:
(a) Region 1: All other States including the District of Columbia
and the Commonwealth of Puerto Rico except for Pennsylvania and
California--3 Members.
(b) Region 2: The State of Pennsylvania--4 Members.
(c) Region 3: The State of California--1 Member.
(d) Region 4: Importers--1 Member.
Dated: April 18, 2019.
Bruce Summers,
Administrator.
[FR Doc. 2019-08177 Filed 4-23-19; 8:45 am]
BILLING CODE 3410-02-P
