[Federal Register Volume 73, Number 242 (Tuesday, December 16, 2008)]
[Rules and Regulations]
[Pages 76193-76194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29694]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1280

[Docket No. LS-08-0041]


Lamb Promotion and Research Program: Procedures To Request 
Conduct of a Referendum

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: This final rule amends the regulations issued under the Lamb 
Promotion, Research, and Information Order (Order) pursuant to 
administrative changes to Web addresses and office locations within the 
USDA's Agricultural Marketing Service.

DATES: Effective Date: December 17, 2008.

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:

Background

    The Commodity Promotion, Research, and Information Act of 1996 
(Act) (7 U.S.C. 7411-7425) authorizes USDA to establish generic 
programs of promotion, research, and information for agricultural 
commodities designed to strengthen an industry's position in the 
marketplace and to maintain and expand existing domestic and foreign 
markets and uses for agricultural commodities. Pursuant to the Act, a 
proposed Order on the Lamb Checkoff Program was published in the 
Federal Register on September 21, 2001 (66 FR 48764). The final Order 
was published in the Federal Register on April 11, 2002 (67 FR 17848). 
Collection of assessments began on July 1, 2002.
    This program is funded primarily by those persons engaged in the 
production and feeding of lambs in the amount of one-half cent ($.005) 
per pound when live lambs are sold. For purposes of this program, the 
term ``lamb'' as defined in the Order means, ``any ovine animal of any 
age, including ewes and rams.''
    First handlers, which means the packer or other person who buys or 
takes possession of lambs from a producer or feeder for slaughter, 
including custom slaughter, are assessed an additional $.30 cents per 
head purchased for slaughter or slaughtered by such first handler 
pursuant to a custom slaughter arrangement. Each

[[Page 76194]]

person who processes or causes to be processed lamb or lamb products of 
that person's own production and markets the processed products is 
assessed one-half cent ($.005) per pound on the live weight at the time 
of slaughter and is required to pay an additional assessment of $.30 
per head. Assessment rates may be adjusted in accordance with 
applicable provisions of the Act and the Order. The Order also requires 
persons to collect and remit assessments to the American Lamb Board 
(Board). Each producer, feeder, or seedstock producer is obligated to 
pay that portion of the assessment that is equivalent to that 
producer's, feeder's, or seedstock producer's proportionate share and 
shall transfer the assessment to the subsequent purchaser. 
Additionally, a person who is a market agency (i.e., commission 
merchant, auction market, or broker in the business of receiving such 
lamb or lamb products for sale on commission for or on behalf of a 
producer, feeder, or seedstock producer) is required to collect an 
assessment and transfer the collected assessment on to the subsequent 
purchaser(s). Such persons will not be subject to the assessment and 
are not eligible to participate in a referendum. Any person who 
processes or causes to be processed lamb or lamb products of that 
person's own production and markets the processed products will be 
required to pay an additional assessment and remit the total assessment 
to the Board. Each first handler who buys or takes possession of lambs 
from a producer or feeder for slaughter is required to pay an 
additional assessment and remit the total assessment to the Board.
    The Act requires that a referendum to ascertain approval of an 
Order must be conducted no later than 3 years after assessments first 
begin. Assessments began on July 1, 2002. A referendum of lamb 
producers, feeders, seedstock producers, and first handlers of lamb and 
lamb products was conducted from January 31, 2005, through February 28, 
2005. A majority of the participants, who represented a majority of the 
volume of lambs, voted in favor of the continuation of the Order. The 
Act also requires a subsequent referendum on the Order be conducted no 
later than 7 years after assessments first begin. Thus, USDA is 
required to conduct a nationwide referendum among persons subject to 
the assessment by July 1, 2009. The Order will continue if a majority 
of those persons voting, who also represent a majority of the volume of 
lambs, voted in favor of continuing the program. If the continuation of 
the Order is not approved by eligible persons voting in the referendum, 
USDA will begin the process of terminating the program.
    This final rule amends Web site addresses cited in sections 
1280.626 and 1280.631 that are currently outdated. This final rule also 
amends the physical address cited in section 1280.626, as it is also 
outdated. This rule is implemented in preparation for the 2009 
referendum.
    This rule relates to internal agency management. Therefore, this 
rule is exempt from the provisions of Executive Orders 12866 and 12988, 
and for this same reason the notice of proposed rulemaking and 
opportunity for comment are also not required, and this rule may be 
effective less than 30 days after publication in the Federal Register. 
In addition, under 5 U.S.C. 804, this rule is not subject to 
congressional review under the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121). Finally, this rule is not a 
rule as defined by the Regulatory Flexibility Act (5 U.S.C. 601-612) 
(RFA). Therefore, this rule is exempt from the requirements of RFA.

List of Subjects in 7 CFR Part 1280

    Administrative practice and procedure, Advertising, Agricultural 
research, Marketing agreements, Lamb and lamb products, Reporting and 
recordkeeping requirements.

0
For the reasons set forth in the preamble, Title 7, part 1280 is 
amended as follows:

PART 1280--LAMB PROMOTION, RESEARCH, AND INFORMATION

0
1. The authority citation for 7 CFR part 1280 continues to read as 
follows:

    Authority: 7 U.S.C. 7411-7425 and 7 U.S.C. 7401.

Subpart E--Procedures To Request a Referendum

0
2. In Sec.  1280.626, paragraph (b) the Web site http://www.ams.usda.gov/lsg/mpb/rp-lamb.htm is removed and a new Web site 
www.ams.usda.gov/lsmarketingprograms is added in its place.

0
3. In Sec.  1280.631, paragraph (a) is revised to read as follows:


Sec.  1280.631  Results of the referendum.

    (a) The Administrator, FSA, shall submit to the Administrator, AMS, 
the reports from all State FSA offices. The Administrator, AMS, shall 
tabulate the results of the ballots. USDA will issue an official press 
release announcing the results of referendum and publish the same 
results in the Federal Register. In addition, USDA will post the 
official results at the following Web site: http://www.ams.usda.gov/LSMarketingPrograms or such other Web site as announced by the 
Administrator of AMS. Subsequently, State reports and related papers 
shall be available for public inspection upon request during normal 
business hours in the Marketing Programs Branch; Livestock and Seed 
Program, AMS, USDA, Room 2628-S; STOP 0251; 1400 Independence Avenue, 
SW., Washington, DC.
* * * * *

    Dated: December 10, 2008.
James E. Link,
Administrator, Agricultural Marketing Service.
[FR Doc. E8-29694 Filed 12-15-08; 8:45 am]
BILLING CODE 3410-02-P