[Federal Register: March 13, 2003 (Volume 68, Number 49)]
[Proposed Rules]
[Page 11996-11998]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13mr03-17]
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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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[[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.
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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 porkcomments@usda.gov 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
http://www.ams.usda.ov/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
kenneth.payne@usda.gov.
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