[Federal Register Volume 73, Number 101 (Friday, May 23, 2008)]
[Proposed Rules]
[Page 30001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11555]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 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.
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  Federal Register / Vol. 73, No. 101 / Friday, May 23, 2008 / Proposed 
Rules  

[[Page 30001]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1230

[No. AMS-LS-08-0038; LS-02-15]


Pork Promotion, Research, and Consumer Information Program: 
Submission of Information; Withdrawal of Proposed Rule

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Withdrawal of a proposed rule.

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SUMMARY: This action withdraws a proposed rule published in the March 
13, 2003 [68 FR 11996], issue of the Federal Register, which intended 
to add a section to the regulations implementing the Pork Promotion, 
Research, and Consumer Information Order (Order) that would 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 they collected assessments.
    This information would have been used to establish the total number 
of pork producers and importers in the United States, from which AMS 
would determine the number of respondents necessary to meet a threshold 
requirement of 15 percent to conduct a referendum, as contained in the 
Pork Promotion, Research, and Consumer Information Act. Based upon 
further review and consideration, AMS has determined that the most 
accurate representation of total number of pork producers and importers 
would result from utilizing the most recent data published by USDA's 
National Agricultural Statistic Service (NASS) in its February 2008 
``Farms, Land in Farms, and Livestock Operations'' report to determine 
the total number of farm operations with hogs and pigs and the U.S. 
Customs and Border Protection (Customs) to determine the total number 
of importers who imported hogs, pigs, pork, or pork products.

DATES: This proposed rule is withdrawn as of May 23, 2008.

FOR FURTHER INFORMATION CONTACT: Kenneth R. Payne, Chief, Marketing 
Programs Branch, Livestock and Seed Program, Agricultural Marketing 
Service, USDA, Room 2628-S, STOP-0251, 1400 Independence Avenue, SW., 
Washington, DC 20250-0251; telephone (202) 720-1115; facsimile (202) 
720-1125; or e-mail at [email protected]. This document can be 
viewed at www.regulations.gov.

SUPPLEMENTARY INFORMATION: The proposed rule would have added a section 
to the regulations implementing 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 was 
deemed necessary in order to obtain the information to conduct a 
request for referendum for eligible producers and importers to 
determine if they favor a referendum on the Pork Checkoff Program. The 
information that would have been collected through this action was 
going to be used to establish the total number of pork producers and 
importers who had paid an assessment during a representative period 
established by USDA and would have been utilized in determining whether 
the 15 percent threshold requirement contained in the Act for 
conducting a referendum had been met. Further, that information could 
have been used in subsequent referenda to determine the number of 
eligible producers. The Request for Referendum is being conducted as a 
result of a settlement of a lawsuit entered into February 28, 2001, 
with USDA and the Michigan Pork Producers Association, Inc., et al. 
(Plaintiffs). Under the settlement agreement, USDA will conduct a 
Request for Referendum among eligible pork producers and importers to 
determine whether 15 percent of eligible producers and importers favor 
holding a referendum on the Pork Checkoff Program.
    AMS requested comments on the proposed rule in the March 13, 2003 
[68 FR 11996], issue of the Federal Register. The proposed rule would 
have required, 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 they 
collected assessments. Accordingly, a new section would have been added 
to the regulations that would have required this action in order to 
assist AMS in its administration and oversight of the Pork Checkoff 
Program. Ten comments were received on or before May 12, 2003. A full 
range of comments were received from a cross-section of the industry, 
with a number of comments suggesting a variety of ways to better 
identify the number of producers.
    Upon further review, AMS determined that the most accurate 
information collection would result from utilizing the most recent data 
published by NASS in its February 2008 ``Farms, Land in Farms, and 
Livestock Operations'' report to determine the total number of farm 
operations with hogs and pigs and Customs to determine the total number 
of importers who imported hogs, pigs, pork, or pork products. 
Therefore, AMS is withdrawing the proposed rule and will instead 
publish a Notice of Request for Referendum. In addition, the public 
will be invited to submit comments on the new information collection.
    Accordingly, the proposed rule published in the March 13, 2003 [68 
FR 11996], issue of the Federal Register is hereby withdrawn.

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

    Dated: May 16, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E8-11555 Filed 5-22-08; 8:45 am]
BILLING CODE 3410-02-P