[Federal Register Volume 86, Number 87 (Friday, May 7, 2021)]
[Proposed Rules]
[Pages 24513-24514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09642]


 ========================================================================
 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.
 
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 

  Federal Register / Vol. 86, No. 87 / Friday, May 7, 2021 / Proposed 
Rules  

[[Page 24513]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1280

[Document No. AMS-LP-19-0093]
RIN 0581-AC06


Lamb Promotion, Research, and Information Order; Activity 
Changes; Comment Period Reopened

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule; reopening of comment period.

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SUMMARY: The Agricultural Marketing Service (AMS) is providing an 
additional 60 days for public comments on the proposed rule that would 
amend the Lamb Promotion, Research, and Information Order (Order). 
During the February 22, 2021, through March 24, 2021, comment period, 
AMS received two comments requesting additional time to analyze a 
potential volume threshold that would allow low-volume market agencies 
to be eligible for flexibilities to the proposed assessment remittance 
process. Such flexibilities would allow for very small, low-volume 
market agencies to utilize quarterly or yearly remittances, as opposed 
to the proposed monthly remittance process. The proposed flexibilities 
would reduce the regulatory burden for affected market agencies.

DATES: The comment period for the proposed rule originally published on 
October 5, 2020, at 85 FR 62617, is reopened. Comments must be received 
by July 6, 2021.

ADDRESSES: Comments should be posted online at www.regulations.gov. 
Comments received will be posted without change, including any personal 
information provided. All comments should reference the docket number 
AMS-LP-19-0093, the date of publication, and the page number of this 
issue of the Federal Register. Comments may also be sent to Jason 
Julian, Agricultural Marketing Specialist; Research and Promotion 
Division; Livestock and Poultry Program, AMS, USDA; Room 2627-S, STOP 
0251, 1400 Independence Avenue SW, Washington, DC 20250-0251. Comments 
will be made available for public inspection at the above address 
during regular business hours or via the internet at 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Jason Julian, Agricultural Marketing 
Specialist, Research and Promotion Division, Livestock and Poultry 
Program, AMS, USDA; telephone: (202) 731-2149; or email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background and Proposed Action

    AMS proposed revisions to the assessment collection procedures that 
would require market agencies to collect the full assessment on sales 
of live lambs, including the first-handler assessment portion, for 
remittance to the Lamb Promotion, Research, and Information Board. The 
proposed assessment collection change would only apply to lambs sold 
through market agencies (e.g., commission merchant, auction market, 
livestock market). Other modes of sale, such as traditional markets 
(e.g., first handler purchases from a producer or feeder, independent 
of a market agency, direct sales) would continue to have assessments 
remitted through the pass-through collection process.
    This document notifies the public of the reopening of the comment 
period from May 7, 2021 to July 6, 2021. Comments previously submitted 
during the initial 60-day comment period [October 5, 2020, through 
December 4, 2020] and the subsequent 30-day reopened comment period 
[February 22, 2021, through March 24, 2021] need not be resubmitted, as 
these comments are already incorporated into the public record and will 
be considered in the final rule.

Public Comment Requested

    AMS received 11 comments from stakeholders during the initial 
sixty-day comment period. These comments represent the perspectives of 
various organizations and individuals within the stakeholder community 
and provided AMS additional context for decision making.
    AMS reopened the comment period to encourage additional input on a 
topic identified by one commenter during the initial comment period.
    The commenter requested that AMS consider allowing flexibility in 
the remittance of collected assessments by lower-volume or seasonal 
market agencies. The commenter suggested that requiring smaller market 
agencies to remit assessments every month, regardless of their sales 
volume, could be burdensome for those entities with very small volumes. 
The commenter asked AMS to consider additional flexibility for small 
market agencies by allowing them to remit accumulated assessments on a 
quarterly or annual basis. The proposed rule would require that 
remittances occur by the 15th day of the month following the month in 
which lambs were purchased for slaughter or export, regardless of sales 
volume for that month. The commenter suggested such flexibilities for 
small market agencies could be based on the average head of lamb sold 
annually, allowing markets below a specific threshold to remit on a 
quarterly or annual basis.
    AMS is again reopening the comment period to encourage additional 
input on a topic identified by two commenters during the 30-day 
reopening comment period from February 22, 2021, to March 24, 2021. The 
two commenters requested additional time to gather and analyze more 
data to address the questions asked by AMS in the reopened 30-day 
comment period; hence the purpose of this notice.
    In the previous comment period, AMS sought additional information 
from stakeholders to consider this type of flexibility. AMS is again 
seeking comments on the following questions:
    1. What level or threshold should AMS consider as a low-volume 
market agency that might be eligible for additional flexibility?
    2. Approximately how many market agencies would fit into such a 
category?
    3. How would this type of flexibility reduce regulatory burden for 
those market agencies?
    AMS seeks input on other appropriate thresholds--such as monthly or 
quarterly sales volume--to identify market agencies that might be 
eligible for regulatory flexibility regarding assessment remittance 
under the amended regulations. Any comments

[[Page 24514]]

should be supported by data that is clearly quantified and explained.

Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2021-09642 Filed 5-6-21; 8:45 am]
BILLING CODE P