[Federal Register Volume 68, Number 49 (Thursday, March 13, 2003)]
[Proposed Rules]
[Pages 11996-11998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6163]


 ========================================================================
 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. 68, No. 49 / Thursday, March 13, 2003 / 
Proposed Rules  

[[Page 11996]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1230

[No. LS-02-15]


Pork Promotion, Research, and Consumer Information Program: 
Submission of Information

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the Pork Promotion, Research, and Consumer 
Information Act of 1985 (Act) and the Pork Promotion, Research, and 
Consumer Information Order (Order) issued thereunder, this proposed 
rule would add a section to the regulations that implement the Order to 
require remitters of pork checkoff assessments, upon request by the 
Department of Agriculture (USDA), to submit to the Agricultural 
Marketing Service (AMS) the names, addresses, and any other information 
deemed necessary to identify persons from whom assessments were 
collected. This action is necessary in order to obtain the information 
necessary to conduct a survey of eligible producers and importers no 
earlier than June 2003 to determine if they favor a referendum on the 
Pork Checkoff Program. AMS agreed to conduct a survey as part of a 
settlement of litigation against USDA filed by the Michigan Pork 
Producers Association (MPPA) and the National Pork Producers Council. 
The information that would be collected through this action would be 
used to establish the total number of pork producers and importers that 
would be utilized in determining whether the 15 percent threshold 
requirement contained in the Act for conducting a referendum has been 
met.

DATES: Written comments on this proposed rule must be received by May 
12, 2003.

ADDRESSES: Send copies of comments to Kenneth R. Payne, Chief; 
Marketing Programs Branch, Room 2638-S; Livestock and Seed Program; 
Agricultural Marketing Service, USDA; STOP-0251; 1400 Independence 
Avenue, SW.; Washington, DC 20250-0251. Comments may also be sent by e-
mail to [email protected] or by fax to 202/720-1125. State that 
your comments refer to Docket No. LS-02-15. Comments received may be 
inspected at this location between 8 a.m. and 4:30 p.m., Monday through 
Friday, except holidays, or on the Internet at www.ams.usda.gov/lsg/mpb/rp-pork.htm.
    Pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 
35)(PRA), also send comments regarding the merits of the burden 
estimate, ways to minimize the burden, including through the use of 
automated collection techniques or other forms of information 
technology, or any other aspect of this collection of information to 
the above address. Comments concerning the information collection 
requirements contained in this proposed rule should also be sent to the 
Offices of Information and Regulatory Affairs, Office of Management and 
Budget, New Executive Office Building, 725 17th Street, NW., Room 725, 
Washington, DC 20503, Attention: Desk Officer for Agriculture.

FOR FURTHER INFORMATION CONTACT: Kenneth R. Payne, Chief, Marketing 
Programs Branch on 202/720-1115, fax 202/720-1125, or by e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

Executive Order 12866 and 12988 and Regulatory Flexibility Act and the 
Paperwork Reduction Act

    The Office of Management and Budget has waived the review process 
required by Executive Order 12866 for this action.
    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. It is not intended to have a retroactive effect. 
The Act states that the statute is intended to occupy the field of 
promotion and consumer education involving pork and pork products and 
of obtaining funds thereof from pork producers and that the regulation 
of such activity (other than a regulation or requirement relating to a 
matter of public health or the provision of State or local funds for 
such activity) that is in addition to or different from the Act may not 
be imposed by a State. The Act provides that administrative proceedings 
must be exhausted before parties may file suit in court. Under Sec.  
1625 of the Act, a person subject to an Order may file a petition with 
the Secretary stating that such Order, a provision of such Order or an 
obligation imposed in connection with such Order is not in accordance 
with law; and requesting a modification of the Order or an exemption 
from the Order. Such person is afforded the opportunity for a hearing 
on the petition. After the hearing, USDA would rule on the petition. 
The Act provides that the district court of the United States in the 
district in which the person resides or does business has jurisdiction 
to review USDA's determination, if a complaint is filed not later than 
20 days after the date such person receives notice of such 
determination.
    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA)(5 U.S.C. 601 et seq.), AMS has considered the economic effect 
of this proposed action on small 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. The 
National Pork Board (Board), which receives the pork checkoff 
assessments, estimated that in calendar year 2001, there were 
approximately 3,173 entities that remitted pork checkoff assessments. 
Many of these entities which include packers, auction markets, county 
fairs, and individual pork producers should be classified as small 
entities 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, small 
agricultural service firms as those whose annual receipts are less than 
$5 million, and small meat packers as those that have less than 500 
employees.
    This proposed rule would require, upon request by USDA, remitters 
of pork checkoff assessments to submit to AMS the names, addresses, and 
any other information deemed necessary to identify persons from whom 
assessments were collected. This information would be available from 
existing records. The information collection requirements, as discussed

[[Page 11997]]

below, would be minimal. It is anticipated that much of the required 
information would be able to be submitted electronically and would not 
be a significant burden. Accordingly, AMS has determined that this 
proposed rule will not have a significant economic impact on a 
substantial number of small business entities.

Paperwork Reduction Act

    In accordance with the OMB regulation (5 CFR part 1320) that 
implements the PRA (44 U.S.C. chapter 35), the information collection 
requirements are being submitted to OMB for approval.
    Title: Pork Promotion, Research, and Consumer Information Program: 
Submission of Information.
    OMB Number: 0581-new collection.
    Expiration Date of Approval: 3 years from date of approval.
    Type of Request: Approval of new information collection.
    Abstract: The purpose of this proposed rule is to add a section to 
the regulations that implement the Order that would require remitters 
of pork checkoff assessments, upon request by USDA, to submit to AMS 
the names, addresses, and any other information deemed necessary to 
identify persons from whom assessments were collected. There is no form 
to fill out. The necessary information to be submitted either 
electronically, e-mail, facsimile, or by mail may done so in any format 
or style.
    Based on estimates provided by the Board, there are approximately 
3,173 entities that remitted pork checkoff assessments in calendar year 
2001.
    It is anticipated that many of these entities maintain their 
records electronically and have a person on staff to operate and manage 
their computer system. The only costs that would be incurred by these 
entities in complying with this request would be the labor hours 
required to retrieve the pertinent information from the computer system 
and transmit it electronically to AMS. AMS estimates the time required 
to complete this task to be 1 hour per respondent at a cost of $20 per 
hour.
    For those entities that rely on an outside contractor to manage 
their computer system, there may be a one-time fee incurred for having 
the contractor retrieve the necessary information from the system and 
transmit it electronically to AMS. AMS estimates the time required to 
complete this task to be 2 hours per respondent at a cost of $50 per 
hour.
    For those entities that do not maintain their records 
electronically, it is anticipated that such entities would review their 
paper records, compile the necessary information, and submit it to AMS 
via facsimile or mail. AMS estimates the time required to complete this 
task to be 4 hours per respondent at a cost of $20 per hour. AMS 
estimates the total cost in complying with this request would be 
$241,320.
    In this proposed rule, information collection requirements include 
the following:
    (1) Electronic submission of information by entities that have 
personnel on staff to operate and manage their computer system.
    Estimate of Burden: The public reporting burden for this collection 
of information is estimated to average 1 hour per response.
    Respondents: Packers, auction markets, county fairs, and individual 
producer entities.
    Estimated Number of Respondents: 271.
    Estimated Number of Responses per Respondent: 1.
    Estimated Total Annual Burden on Respondents: 271 hours.
    Total Cost: $5,420.
    (2) Electronic submission of information by entities that rely on 
an outside contractor to manage their computer system.
    Estimate of Burden: The public reporting burden for this collection 
of information is estimated to average 2 hours per response.
    Respondents: Packers, auction markets, county fairs, and individual 
producer entities.
    Estimated Number of Respondents: 187.
    Estimated Number of Responses per Respondent: 1.
    Estimated Total Annual Burden on Respondents: 374 hours.
    Total Cost: $18,700.
    (3) Submission of information by those entities that do not 
maintain their records electronically.
    Estimate of Burden: The public reporting burden for this collection 
of information is estimated to average 4 hours per response.
    Respondents: Packers, auction markets, county fairs, and individual 
producer entities.
    Estimated Number of Respondents: 2,715.
    Estimated Number of Responses per Respondent: 1.
    Estimated Total Annual Burden on Respondents: 10,860 hours.
    Total Cost: $217,200.
    Comments are invited on: (1) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information would have practical 
utility; (2) the accuracy of the agency's estimate of the burden of the 
proposed collection of information including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the collection of information on those who 
are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology.
    OMB is required to make a decision concerning the collection of 
information contained in this rule between 30 days and 60 days after 
publication. Therefore, a comment to OMB is best assured of being 
considered if OMB receives it within 30 days after publication.

Background

    The Act (7 U.S.C. 4801-4819) approved December 23, 1985, authorized 
the establishment of a national pork promotion, research, and consumer 
information program. The final Order establishing a pork promotion, 
research, and consumer information program was published in the 
September 5, 1986, issue of the Federal Register (51 FR 31898; as 
corrected, at 51 FR 36383 and amended at 53 FR 1909, 53 FR 30243, 56 FR 
4, 56 FR 51635, 60 FR 29963, 61 FR 29002, 62 FR 26205, 63 FR 45936, 64 
FR 44643, 66 FR 67071, 67 FR 47474, and 67 FR 58320) and assessments 
began on November 1, 1986. The program was funded by an initial 
assessment rate of 0.25 percent of the market value of all porcine 
animals marketed in the United States and on imported porcine animals 
with an equivalent assessment on pork and pork products. However, that 
rate was increased to 0.35 percent effective December 1, 1991 (56 FR 
51635), to 0.45 percent effective September 3, 1995 (60 FR 29963), and 
was decreased to 0.40 percent effective September 30, 2002 (67 FR 
58320).
    Section 1230.80 of the Order requires each person that is 
responsible for collecting or remitting any assessment under Sec.  
1230.71(b) to report the quantity and market value of the animal 
subject to assessment, the amount of assessment collected, the month 
the assessment was collected, the State where the animal was produced, 
and ``Such other information as may be required by regulations * * *'' 
Accordingly, to assist AMS in its administration and oversight of the 
Pork Checkoff Program, particularly in conducting activities such as 
surveys and referendums, a new section would be added to the

[[Page 11998]]

regulations that would require remitters of pork checkoff assessments, 
upon request by USDA, to submit to AMS the names, addresses, and any 
other information deemed necessary to identify persons from whom 
assessments were collected.
    As part of a settlement between USDA and MPPA, et al., USDA agreed 
to conduct a survey of eligible producers and importers (no earlier 
than June 2003) to determine whether 15 percent of eligible producers 
and importers favor a referendum on the Pork Checkoff Program. The 
information that would be collected through this action may be used to 
establish the total number of pork producers that would be utilized in 
determining whether the 15 percent threshold requirement contained in 
the Act for conducting a referendum has been met. Further, the 
information could be used in subsequent referenda to determine the 
number of eligible producers.

List of Subjects in 7 CFR Part 1230

    Administrative practice and procedure, Advertising, Agricultural 
research, Marketing agreement, Meat and meat products, Pork and pork 
products.

    For the reasons set forth in the preamble, it is proposed that 7 
CFR part 1230 be amended as follows:

PART 1230--PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION

    1. The authority citation for 7 CFR part 1230 continues to read as 
follows:

    Authority: 7 U.S.C. 4801-4819.

    2. Section 1230.121 would be added to read as follows:


Sec.  1230.121  Submission of Information.

    Pursuant to the provisions of Sec.  1230.80, at the request of the 
Secretary, each person responsible for collecting and remitting 
assessments to the Board, shall submit the names, addresses, and any 
other information deemed necessary to identify persons from whom 
assessments were collected to the Department.

    Dated: March 11, 2003.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 03-6163 Filed 3-11-03; 12:59 pm]
BILLING CODE 3410-02-P