[Federal Register Volume 83, Number 143 (Wednesday, July 25, 2018)]
[Rules and Regulations]
[Pages 35105-35106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15893]



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 Rules and Regulations
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 This section of the FEDERAL REGISTER contains regulatory documents 
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  Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / 
Rules and Regulations  

[[Page 35105]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 1221 and 1280

[Doc. No. AMS-LPS-17-0052]


Referendum Procedures Under the Sorghum Promotion, Research, and 
Information Order and the Lamb Promotion, Research, and Information 
Order; Removal of Obsolete References

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Direct final rule; request for comments.

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SUMMARY: This direct final rule will make technical amendments to the 
Sorghum Promotion, Research, and Information Order (Sorghum Order) and 
the Lamb Promotion, Research, and Information Order (Lamb Order) to 
remove obsolete and unnecessary provisions and to make conforming 
changes affected by the amendatory language revisions.

DATES: This rule is effective October 23, 2018 without further action, 
unless adverse comment is received by August 24, 2018. If adverse 
comment is received, the Agricultural Marketing Service (AMS) will 
publish a timely withdrawal of the rule in the Federal Register.

ADDRESSES: Comments should be submitted electronically at 
www.regulations.gov. Comments received will be posted without change, 
including any personal information provided. All comments should 
reference the docket number AMS-LPS-17-0052, the date of submission, 
and the page number of this issue of the Federal Register. Comments may 
also be submitted to: Kenneth R. Payne, Director, Research and 
Promotion Division; Livestock and Poultry Program, AMS, U.S. Department 
of Agriculture (USDA); Room 2608-S, STOP 0251, 1400 Independence Avenue 
SW, Washington, DC 20250-0251; or fax to (202) 720-1125. Comments will 
be made available for public inspection at Room 2608-S of the above 
address during regular business hours or electronically at 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Kenneth R. Payne, Director, Research 
and Promotion Division, by telephone at (202) 720-1118, by fax at (202) 
720-1125, or by email at [email protected].

SUPPLEMENTARY INFORMATION:

Executive Orders 12866 and 13771, and Regulatory Flexibility Act

    This direct final rule falls within a category of regulatory 
actions that the Office of Management and Budget (OMB) exempted from 
Executive Order (E.O.) 12866 review. Additionally, because this rule 
does not meet the definition of a significant regulatory action it does 
not trigger the requirement contained in E.O. 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).
    Pursuant to the requirements set forth in the Regulatory 
Flexibility Act (RFA) (5 U.S.C. 601 et seq.), the Administrator of AMS 
has considered the economic effect of this direct final rule on small 
entities and has determined that this action does not have a 
significant economic impact on a substantial number of small business 
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.
    USDA's National Agricultural Statistics Service reported in the 
2012 Census of Agriculture that there are 31,316 sheep farms in the 
U.S. and 22,908 farms where grain sorghum is grown. The majority of 
producers' subject to the Sorghum Order, 7 CFR part 1221, and Lamb 
Order, 7 CFR part 1280, are small businesses 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.
    This direct final rule imposes no new burden on the sorghum and 
lamb industries. It merely reduces the size of the Sorghum and Lamb 
Orders by removing sections that relate to now obsolete referendum 
activities. There are no new reporting, recordkeeping, or other 
compliance requirements as a result of this rule. Accordingly, the 
Administrator of AMS has determined that this direct final rule does 
not have a significant economic impact on a substantial number of small 
entities.
    AMS is committed to complying with the E-Government Act of 2002 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. Accordingly, AMS 
developed options for companies requesting service to do so 
electronically.
    USDA has not identified any relevant Federal rules that duplicate, 
overlap, or conflict with this direct final rule.

Executive Order 13175

    This direct final rule has been reviewed in accordance with the 
requirements of E.O. 13175, Consultation and Coordination with Indian 
Tribal Governments. The review reveals that this action does not have 
substantial and direct effects on Tribal Governments and does not have 
significant Tribal implications.

Executive Order 12988

    This direct final rule has been reviewed under E.O. 12988, Civil 
Justice Reform. It is not intended to have retroactive effect. The Act 
prohibits States or political subdivisions of a State from imposing any 
requirement that is in addition to, or inconsistent with, any 
requirement of the Act. There are no civil justice implications 
associated with this direct final rule.

Paperwork Reduction Act

    This direct final rule also contains no new information collection 
requirements; therefore, no analysis or approval under the Paperwork 
Reduction Act (44 U.S.C. 3501-3520) is required.

Background and Technical Amendments

    National agricultural commodity research and promotion programs--
also called R&P programs or checkoff programs (checkoff programs)--are 
designed to maintain and expand existing markets and develop new

[[Page 35106]]

markets both domestically and internationally. They are funded through 
assessments paid by persons subject to the assessment. Checkoff 
programs are administered by national boards created for that purpose 
and oversight is provided by USDA.
    Some checkoff programs are authorized by their own commodity-
specific Federal statutes. Others, like the sorghum and lamb checkoff 
programs addressed by this direct final rule, are authorized by the 
Commodity Promotion, Research, and Information Act of 1996, 7 U.S.C. 
7401 et seq. (Generic Act).
    The Sorghum and Lamb Orders authorize the collection of assessments 
from, respectively, sorghum producers and importers, and lamb 
producers, feeders, seedstock producers, first handlers, and exporters. 
Under both Orders, payers of assessments are entitled to vote in 
referenda on the continuation, suspension, or termination of their 
checkoff programs.
    The Generic Act provides that two referenda must be conducted in 
each checkoff program created pursuant to its authority. The first 
referendum must be conducted either before a checkoff program goes into 
effect (to ascertain whether the Order is favored by the persons to be 
covered by it) or, alternatively, within 3 years after assessments 
begin (to determine whether a majority favors the continuation, 
suspension, or termination of the program). The second referendum must 
be conducted within 7 years after assessments begin to determine 
whether a majority favors the continuation, suspension, or termination 
of the program. All persons subject to assessments are allowed to vote 
in referenda.
    The Sorghum and Lamb Orders each incorporate provisions for two 
required referenda, the first within 3 years and the second within 7 
years after assessments begin. Both Orders contain provisions for 
assessment payers to obtain refunds of assessments and for both boards 
to maintain escrow accounts ahead of these referenda. All of those 
referenda, two for sorghum and two for lamb, were conducted within the 
time frames defined by the Orders. In each of the four referenda, a 
large majority approved the relevant program's continuance. Those 
referenda will not be repeated. Thus, AMS is removing the sections and 
paragraphs of the Sorghum and Lamb Orders that relate to refunds and 
escrow accounts because they are obsolete.
    In the Sorghum Order, Sec. Sec.  1221.112(g), 1221.112(h), 
1221.118, 1221.119, and 1221.120, which provided for escrow accounts 
and refunds in connection with required referenda, will be removed. In 
Sec.  1221.112, paragraphs (i) through (m) will be redesignated as (g) 
through (k), respectively. A conforming change will be made to Sec.  
1221.128(a) to correct a reference.
    In the Lamb Order, Sec. Sec.  1280.214, 1280.215, 1280.216, and 
1280.403, which provided for escrow accounts and refunds in connection 
with required referenda, will be removed.
    AMS is issuing this direct final rule without a preceding proposed 
rule because this action is a routine, noncontroversial regulatory 
change that AMS believes will not generate adverse comment. The rule is 
conditional on the non-receipt of adverse comments. If adverse comment 
is received, AMS will withdraw the rule before the effective date.

List of Subjects

7 CFR Part 1221

    Administrative practice and procedure, Advertising, Agricultural 
research, Reporting and recordkeeping requirements, Sorghum.

7 CFR Part 1280

    Administrative practice and procedure, Advertising, Agricultural 
research, Meat and meat products, Reporting and recordkeeping 
requirements.

    For reasons set forth in the preamble, AMS is amending 7 CFR parts 
1221 and 1280 as follows:

PART 1221--SORGHUM PROMOTION, RESEARCH, AND INFORMATION ORDER

0
1. The authority citation for part 1221 continues to read as follows:

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


Sec.  1221.112  [Amended]

0
2. In Sec.  1221.112 remove paragraphs (g) and (h) and redesignate 
paragraphs (i) through (m) as paragraphs (g) through (k), respectively.


Sec. Sec.  1221.118, 1221.119, and 1221.120  [Removed]

0
3. Remove Sec. Sec.  1221.118, 1221.119, and 1221.120.

0
4. Revise Sec.  1221.128(a) to read as follows:


Sec.  1221.128  Qualification.

    (a) Organizations receiving qualification from the Secretary will 
be entitled to submit requests for funding to the Board pursuant to 
Sec.  1221.112(h). Only one sorghum producer organization per State may 
be qualified.
* * * * *

PART 1280--LAMB PROMOTION, RESEARCH, AND INFORMATION ORDER

0
5. The authority citation for part 1280 continues to read as follows:

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


Sec. Sec.  1280.214, 1280.215, 1280.216, and 1280.403  [Removed]

0
6. Remove Sec. Sec.  1280.214, 1280.215, 1280.216, and 1280.403.

    Dated: July 20, 2018.
Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2018-15893 Filed 7-24-18; 8:45 am]
BILLING CODE 3410-02-P