81_FR_14073 81 FR 14022 - Amendment to the Beef Promotion and Research Rules and Regulations

81 FR 14022 - Amendment to the Beef Promotion and Research Rules and Regulations

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 81, Issue 51 (March 16, 2016)

Page Range14022-14024
FR Document2016-05859

This proposed rule would amend the Beef Promotion and Research Order (Order) established under the Beef Promotion and Research Act of 1985 (Act) to increase assessment levels for imported veal and veal products based on revised determinations of live animal equivalencies and to update and expand the Harmonized Tariff System (HTS) numbers and categories, which identify imported veal and veal products to conform with recent updates in the numbers and categories used by the U.S. Customs and Border Protection (Customs).

Federal Register, Volume 81 Issue 51 (Wednesday, March 16, 2016)
[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Proposed Rules]
[Pages 14022-14024]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05859]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1260

[No. AMS-LPS-15-0084]


Amendment to the Beef Promotion and Research Rules and 
Regulations

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This proposed rule would amend the Beef Promotion and Research 
Order (Order) established under the

[[Page 14023]]

Beef Promotion and Research Act of 1985 (Act) to increase assessment 
levels for imported veal and veal products based on revised 
determinations of live animal equivalencies and to update and expand 
the Harmonized Tariff System (HTS) numbers and categories, which 
identify imported veal and veal products to conform with recent updates 
in the numbers and categories used by the U.S. Customs and Border 
Protection (Customs).

DATES: Comments must be received by May 16, 2016.

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-LPS-15-0084; the date of submission; and the page number of this 
issue of the Federal Register. Comments may also be sent to Mike 
Dinkel, Promotion and Research Division, Livestock, Poultry, and Seed 
Program, Agricultural Marketing Service, Department of Agriculture, 
Room 2610-S, STOP 0251, 1400 Independence Avenue SW., Washington, DC 
20250-0251; or via Fax to (202) 720-1125. Comments will be made 
available for public inspection at the above address during regular 
business hours or via the Internet at www.regulations.gov. Comments 
must be received by May 16, 2016.

FOR FURTHER INFORMATION CONTACT: Mike Dinkel, Agricultural Marketing 
Specialist; Research and Promotion Division, Room 2610-S; Livestock, 
Poultry and Seed Program; Agricultural Marketing Service, USDA; STOP 
0251; 1400 Independence Avenue SW., Washington, DC 20250-0251; 
facsimile (202) 720-1125; telephone (301) 352-7497, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    The Office of Management and Budget (OMB) has waived the review 
process required by Executive Order 12866 for this action.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This rule is not intended to have a retroactive 
effect.
    Section 11 of the Act provides that nothing in the Act may be 
construed to preempt or supersede any other program relating to beef 
promotion organized and operated under the laws of the U.S. or any 
State. There are no administrative proceedings that must be exhausted 
prior to any judicial challenge to the provisions of this rule.

Regulatory Flexibility Act

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA) (5 U.S.C. 601 et seq.), the Acting Administrator of AMS has 
considered the economic effect of this action on small entities and has 
determined that this proposed rule will not have a significant economic 
impact on a substantial number of small business entities. The effect 
of the Beef Order upon small entities was discussed in the July 18, 
1986, Federal Register [51 FR 26132]. 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.
    There are approximately 270 importers who import beef or edible 
beef products into the U.S. and 198 importers who import live cattle 
into the U.S. The majority of these operations subject to the Beef 
Order are considered small businesses under the criteria established by 
the Small Business Administration (SBA)[13 CFR 121.201]. SBA defines 
small agricultural service firms as those having annual receipts of 
$7.5 million or less.
    The proposed rule will impose no significant burden on the 
industry. It will merely update and expand the HTS numbers and 
categories for veal and veal products to conform to recent updates in 
the numbers and categories used by Customs. This proposed rule will 
adjust the live animal equivalencies used to determine the amount of 
assessments collected on imported veal and veal products. This 
adjustment reflects an increase in the assessment of imported veal 
product so that it coincides with the assessment on domestic veal 
product. Accordingly, the Acting Administrator of AMS has determined 
that this action will not have a significant impact on a substantial 
number of small entities.

Paperwork Reduction Act

    In accordance with the Office of Management and Budget (OMB) 
regulations [5 CFR part 1320] that implement the Paperwork Reduction 
Act of 1995 [44 U.S.C. Chapter 35], the information collection and 
recordkeeping requirements contained in the Beef Order and Rules and 
Regulations have previously been approved by OMB under OMB control 
number 0581-0093.

Background

    The Act authorized the establishment of a national beef promotion 
and research program. The final Beef Order was published in the Federal 
Register on July 18, 1986, (51 FR 21632), and the collection of 
assessments began on October 1, 1986. The program is administered by 
the Cattlemen's Beef Promotion and Research Board (Board), appointed by 
the Secretary of Agriculture (Secretary) from industry nominations, and 
composed of 100 cattle producers and importers. The program is funded 
by a $1-per-head assessment on producer marketing of cattle in the U.S. 
and on imported cattle as well as an equivalent amount on imported beef 
and beef products.
    Importers pay assessments on imported cattle, beef, and beef 
products. Customs collects and remits the assessment to the Board. The 
term ``importer'' is defined as ``any person who imports cattle, beef, 
or beef products from outside the United States.'' Imported beef or 
beef products is defined as ``products which are imported into the 
United States which the Secretary determines contain a substantial 
amount of beef including those products which have been assigned one or 
more of the following numbers in the Tariff Schedule of the United 
States.''
    The purpose of this proposed rule is to update, expand, and revise 
the table found under Sec.  1260.172 (7 CFR 1260.172) to reflect the 
current HTS numbers and assessments on veal and veal products.
    As a result of these changes to HTS, there are 6 new categories 
that cover imported veal and veal products subject to assessment. The 
30 categories identifying imported beef and beef products have been 
expanded to 66 categories.
    This proposed rule updates and expands the chart published in the 
2006 final rule to conform with recent changes to the HTS numbering 
system and revises the live weight equivalents used to calculate import 
veal assessments. Importers are currently paying a lower assessment 
level for imported veal and veal products than what is being paid for 
domestic veal and veal products. At that time, the average dressed 
weight of veal slaughtered under Federal inspection was determined to 
be 154 pounds. USDA determined that using the average dressed weight of 
domestic veal slaughtered under Federal inspection would be most 
suitable because most of the imported veal and veal products were 
similar to domestic veal.
    The Act requires that assessments on imported beef and beef 
products be determined by converting such imports into live animal 
equivalents to ascertain

[[Page 14024]]

the corresponding number of head of cattle. Carcass weight is the 
principle factor in calculating live animal equivalents.
    Prior to publishing the proposed rule, USDA received information 
from the Board regarding imported veal assessments on April 7, 2015. 
The Board requested to expand the number of HTS codes for imported veal 
and veal products in order to capture product that is not currently 
being assessed and to update the live animal equivalency rate on 
imported veal to reflect the same assessment as domestic veal and veal 
products. The Board also suggested that AMS update the dressed veal 
weight to better reflect current dressed veal weights. The Board 
recommends using an average dressed veal weight from 2010 to the most 
current data. The Board states that ``establishing an average over this 
period of time takes into account short term highs and lows due to the 
cattle cycle, weather effects, and feed prices.'' This average would be 
154 pounds.

List of Subjects in 7 CFR Part 1260

    Administrative practice and procedure, Advertising, Agricultural 
research, Marketing agreements, Meat and meat products, Beef, and Beef 
products.

    For the reasons set forth in the preamble, title 7 of the CFR part 
1260 is proposed to be amended as follows:

PART 1260--BEEF PROMOTION AND RESEARCH

0
1. The authority citation for 7 CFR part 1260 continues to read as 
follows:

    Authority:  7 U.S.C. 2901-2911 and 7 U.S.C. 7401.

0
2. Amend Sec.  1260.172 by revising paragraph (b)(2) to read as 
follows:


Sec.  1260.172  Assessments.

* * * * *
    (b) * * *
    (2) The assessment rates for imported cattle, beef, and beef 
products are as follows:

                          Imported Live Cattle
------------------------------------------------------------------------
                  HTS No.                          Assessment rate
------------------------------------------------------------------------
0102.10.0010..............................  $1.00/head.
0102.10.0020..............................  $1.00/head.
0102.10.0030..............................  $1.00/head.
0102.10.0050..............................  $1.00/head.
0102.90.2011..............................  $1.00/head.
0102.90.2012..............................  $1.00/head.
0102.90.4024..............................  $1.00/head.
0102.90.4028..............................  $1.00/head.
0102.90.4034..............................  $1.00/head.
0102.90.4038..............................  $1.00/head.
0102.90.4054..............................  $1.00/head.
0102.90.4058..............................  $1.00/head.
0102.90.4062..............................  $1.00/head.
0102.90.4064..............................  $1.00/head.
0102.90.4066..............................  $1.00/head.
0102.90.4068..............................  $1.00/head.
0102.90.4072..............................  $1.00/head.
0102.90.4074..............................  $1.00/head.
0102.90.4082..............................  $1.00/head.
0102.90.4084..............................  $1.00/head.
------------------------------------------------------------------------


                     Imported Beef and Beef Products
------------------------------------------------------------------------
                                                            Assessment
                         HTS No.                            rate per kg
------------------------------------------------------------------------
0201.10.0510............................................       .01693600
0201.10.0590............................................       .00379102
0201.10.1010............................................       .01693600
0201.10.1090............................................       .00379102
0201.10.5010............................................       .01693600
0201.10.5090............................................       .00511787
0201.20.0200............................................       .00530743
0201.20.0400............................................       .00511787
0201.20.0600............................................       .00379102
0201.20.1000............................................       .00530743
0201.20.3000............................................       .00511787
0201.20.5000............................................       .00379102
0201.20.8090............................................       .00379102
0201.30.0200............................................       .00530743
0201.30.0400............................................       .00511787
0201.30.0600............................................       .00379102
0201.30.1000............................................       .00530743
0201.30.3000............................................       .00511787
0201.30.5000............................................       .00511787
0201.30.8090............................................       .00511787
0202.10.0510............................................       .01693600
0202.10.0590............................................       .00379102
0202.10.1010............................................       .01693600
0202.10.1090............................................       .00370102
0202.10.5010............................................       .01693600
0202.10.5090............................................       .00379102
0202.20.0200............................................       .00530743
0202.20.0400............................................       .00511787
0202.20.0600............................................       .00379102
0202.20.1000............................................       .00530743
0202.20.3000............................................       .00511787
0202.20.5000............................................       .00379102
0202.20.8000............................................       .00379102
0202.30.0200............................................       .00530743
0202.30.0400............................................       .00511787
0202.30.0600............................................       .00527837
0202.30.1000............................................       .00530743
0202.30.3000............................................       .00511787
0202.30.5000............................................       .00511787
0202.30.8000............................................       .00379102
0206.10.0000............................................       .00379102
0206.21.0000............................................       .00379102
0206.22.0000............................................       .00379102
0206.29.0000............................................       .00379102
0210.20.0000............................................       .00615701
1601.00.4010............................................       .00473877
1601.00.4090............................................       .00473877
1601.00.6020............................................       .00473877
1602.50.0900............................................       .00663428
1602.50.1020............................................       .00663428
1602.50.1040............................................       .00663428
1602.50.2020............................................       .00701388
1602.50.2040............................................       .00701388
1602.50.6000............................................       .00720293
------------------------------------------------------------------------


               NEW Imported (Veal) Beef and Beef Products
------------------------------------------------------------------------
                                                            Assessment
                         HTS No.                            rate per kg
------------------------------------------------------------------------
0201.20.5010............................................       .01693600
0201.20.5020............................................       .01693600
0201.30.5010............................................       .01693600
0201.30.5020............................................       .01693600
0202.30.5010............................................       .01693600
0202.30.5020............................................       .01693600
------------------------------------------------------------------------

* * * * *

    Dated: March 10, 2016.
Elanor Starmer,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2016-05859 Filed 3-15-16; 8:45 am]
 BILLING CODE 3410-02-P



                                                    14022                 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules

                                                    responsible for collecting and remitting                negotiating contracts for shared                      § 1250.542 Patents, copyrights, inventions,
                                                    assessments to the Board. There are                     ownership of IP rights with research                  trademarks, information, publications, and
                                                    approximately 138 egg handlers who                      entities difficult and in some cases                  product formulations.
                                                    collect assessments. Assessments under                  impossible. Specifically, a majority of                  (a) Any patents, copyrights,
                                                    the program are used by the Board to                    university policies typically reflect a               inventions, trademarks, information,
                                                    finance promotion, research, and                        requirement for the university to own                 publications, or product formulations
                                                    consumer information programs                           any IP created under research projects                developed through the use of funds
                                                    designed to increase consumer demand                    they conduct, even if the project is                  collected by the Board under the
                                                    for eggs in domestic and international                  funded with outside money. These                      provisions of this subpart shall be the
                                                    markets.                                                university policies have made it                      property of the U.S. Government, as
                                                       In 13 CFR part 121, the Small                        difficult for the Board to contract with              represented by the Board, and shall,
                                                    Business Administration (SBA) defines                   universities for research due to the IP               along with any rents, royalties, residual
                                                    small agricultural producers as those                   ownership requirements contained in                   payments, or other income from the
                                                    having annual receipts of no more than                  the Regulation. As a result, USDA is                  rental, sales, leasing, franchising, or
                                                    $750,000 and small agricultural service                 proposing to amend § 1250.542 of the                  other uses of such patents, copyrights,
                                                    firms as those having annual receipts of                Regulations to incorporate language                   inventions, trademarks, information,
                                                    no more than $7 million. Under this                     utilized by research and promotion                    publications, or product formulations,
                                                    definition, the vast majority of the egg                boards created under the Commodity                    inure to the benefit of the Board; shall
                                                    producers that would be affected by this                Promotion, Research, and Information                  be considered income subject to the
                                                    rulemaking would not be considered                      Act of 1996, 7 U.S.C. 7411 et seq., that              same fiscal, budget, and audit controls
                                                    small entities. Producers owning 75,000                 would provide the Board with some                     as other funds of the Board; and may be
                                                    or fewer laying hens are eligible to be                 flexibility in negotiating the ownership              licensed subject to approval by the
                                                    exempt from this program. This                          of IP rights.                                         Secretary. Upon termination of this
                                                    rulemaking does not impose additional                                                                         subpart, § 1250.358 shall apply to
                                                    recordkeeping requirements on egg                          The research and promotion boards                  determine disposition of all such
                                                    producers or collecting handlers. There                 created under the Commodity                           property.
                                                    are no federal rules that duplicate,                    Promotion, Research and Information                      (b) Should patents, copyrights,
                                                    overlap, or conflict with this proposed                 Act of 1996 have utilized the language                inventions, trademarks, information,
                                                    rule.                                                   proposed herein to negotiate IP                       publications, or product formulations be
                                                                                                            ownership rights to effectively expend                developed through the use of funds
                                                    Paperwork Reduction Act                                 assessment funds to promote                           collected by the Board under this
                                                      In accordance with OMB regulation 5                   agricultural commodities. Currently, the              subpart and funds contributed by
                                                    CFR part 1320, which implements the                     Regulations state that IP accruing from               another organization or person,
                                                    Paperwork Reduction Act of 1995 [44                     work funded by the Board shall become                 ownership and related rights to such
                                                    U.S.C. Chapter 35], the information                     property of the U.S Government as                     patents, copyrights, inventions,
                                                    collection and recordkeeping                            represented by the Board and that IP                  trademarks, information, publications,
                                                    requirements that are imposed by the                    may be licensed subject to approval by                or product formulations shall be
                                                    Order and Rules and Regulations have                    the Secretary of Agriculture (Secretary).             determined by agreement between the
                                                    been approved previously under OMB                      This proposed rule would change the                   Board and the party contributing funds
                                                    control number 0581–0093. This                          language to allow that ownership of any               towards the development of such
                                                    proposed rule does not result in a                      IP developed during a project funded by               patents, copyrights, inventions,
                                                    change to those information collection                  the Board to be determined by                         trademarks, information, publications,
                                                    and recordkeeping requirements.                         agreement between the Board and                       or product formulations in a manner
                                                                                                            another party, which will provide the                 consistent with paragraph (a) of this
                                                    Background                                              Board with the flexibility it needs to                section.
                                                       The Act established a national egg                   negotiate contracts for projects that may
                                                                                                                                                                    Dated: March 10, 2016.
                                                    research and promotion program—                         involve IP rights.
                                                    administered by the Board—that is                                                                             Elanor Starmer,
                                                    financed through industry assessments                   List of Subjects in 7 CFR Part 1250                   Acting Administrator.
                                                    and subject to oversight by USDA’s                                                                            [FR Doc. 2016–05838 Filed 3–15–16; 8:45 am]
                                                                                                              Administrative practice and
                                                    Agricultural Marketing Service. This                    procedure, Advertising, Agricultural
                                                                                                                                                                  BILLING CODE 3410–02–P
                                                    program of promotion, research, and                     research, Eggs and egg products,
                                                    consumer information is designed to                     Reporting and recordkeeping
                                                    strengthen the position of eggs in the                                                                        DEPARTMENT OF AGRICULTURE
                                                                                                            requirements.
                                                    marketplace and to establish, maintain,
                                                                                                              For the reasons set forth in the                    Agricultural Marketing Service
                                                    and expand markets for eggs.
                                                       Under the current Regulations                        preamble, it is proposed that 7 CFR part
                                                                                                            1250 be amended as follows:                           7 CFR Part 1260
                                                    initially established in 1976, any IP
                                                    financed by assessment funds or other                                                                         [No. AMS–LPS–15–0084]
                                                    revenues of the Board shall become                      PART 1250—EGG RESEARCH AND
                                                    property of the U.S. Government as                      PROMOTION                                             Amendment to the Beef Promotion and
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                    represented by the Board. The language                                                                        Research Rules and Regulations
                                                    does not allow for alternative ownership                ■ 1. The authority citation of 7 CFR part             AGENCY:  Agricultural Marketing Service,
                                                    arrangements. In addition, there is no                  1250 continues to read as follows:                    USDA.
                                                    explicit allowance for alternative                        Authority: 7 U.S.C. 2701–2718 and 7                 ACTION: Proposed rule.
                                                    ownership arrangements in cases where                   U.S.C. 7401.
                                                    the Board is not providing all of the                                                                         SUMMARY: This proposed rule would
                                                    funding for a project. The current                      ■ 2. Revise § 1250.542 to read as                     amend the Beef Promotion and Research
                                                    language in the Regulation has made                     follows:                                              Order (Order) established under the


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                                                                          Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules                                          14023

                                                    Beef Promotion and Research Act of                      exhausted prior to any judicial                       research program. The final Beef Order
                                                    1985 (Act) to increase assessment levels                challenge to the provisions of this rule.             was published in the Federal Register
                                                    for imported veal and veal products                                                                           on July 18, 1986, (51 FR 21632), and the
                                                                                                            Regulatory Flexibility Act
                                                    based on revised determinations of live                                                                       collection of assessments began on
                                                    animal equivalencies and to update and                    Pursuant to requirements set forth in               October 1, 1986. The program is
                                                    expand the Harmonized Tariff System                     the Regulatory Flexibility Act (RFA) (5               administered by the Cattlemen’s Beef
                                                    (HTS) numbers and categories, which                     U.S.C. 601 et seq.), the Acting                       Promotion and Research Board (Board),
                                                    identify imported veal and veal                         Administrator of AMS has considered                   appointed by the Secretary of
                                                    products to conform with recent                         the economic effect of this action on                 Agriculture (Secretary) from industry
                                                    updates in the numbers and categories                   small entities and has determined that                nominations, and composed of 100
                                                    used by the U.S. Customs and Border                     this proposed rule will not have a                    cattle producers and importers. The
                                                    Protection (Customs).                                   significant economic impact on a                      program is funded by a $1-per-head
                                                    DATES: Comments must be received by                     substantial number of small business                  assessment on producer marketing of
                                                    May 16, 2016.                                           entities. The effect of the Beef Order                cattle in the U.S. and on imported cattle
                                                                                                            upon small entities was discussed in the              as well as an equivalent amount on
                                                    ADDRESSES: Comments should be posted
                                                                                                            July 18, 1986, Federal Register [51 FR                imported beef and beef products.
                                                    online at www.regulations.gov.
                                                                                                            26132]. The purpose of RFA is to fit                     Importers pay assessments on
                                                    Comments received will be posted
                                                                                                            regulatory actions to the scale of                    imported cattle, beef, and beef products.
                                                    without change, including any personal
                                                                                                            businesses subject to such actions in                 Customs collects and remits the
                                                    information provided. All comments
                                                                                                            order that small businesses will not be               assessment to the Board. The term
                                                    should reference the docket number,
                                                                                                            unduly burdened.                                      ‘‘importer’’ is defined as ‘‘any person
                                                    AMS–LPS–15–0084; the date of                              There are approximately 270                         who imports cattle, beef, or beef
                                                    submission; and the page number of this                 importers who import beef or edible                   products from outside the United
                                                    issue of the Federal Register. Comments                 beef products into the U.S. and 198                   States.’’ Imported beef or beef products
                                                    may also be sent to Mike Dinkel,                        importers who import live cattle into                 is defined as ‘‘products which are
                                                    Promotion and Research Division,                        the U.S. The majority of these                        imported into the United States which
                                                    Livestock, Poultry, and Seed Program,                   operations subject to the Beef Order are              the Secretary determines contain a
                                                    Agricultural Marketing Service,                         considered small businesses under the                 substantial amount of beef including
                                                    Department of Agriculture, Room 2610–                   criteria established by the Small                     those products which have been
                                                    S, STOP 0251, 1400 Independence                         Business Administration (SBA)[13 CFR                  assigned one or more of the following
                                                    Avenue SW., Washington, DC 20250–                       121.201]. SBA defines small agricultural              numbers in the Tariff Schedule of the
                                                    0251; or via Fax to (202) 720–1125.                     service firms as those having annual                  United States.’’
                                                    Comments will be made available for                     receipts of $7.5 million or less.                        The purpose of this proposed rule is
                                                    public inspection at the above address                    The proposed rule will impose no                    to update, expand, and revise the table
                                                    during regular business hours or via the                significant burden on the industry. It                found under § 1260.172 (7 CFR
                                                    Internet at www.regulations.gov.                        will merely update and expand the HTS                 1260.172) to reflect the current HTS
                                                    Comments must be received by May 16,                    numbers and categories for veal and                   numbers and assessments on veal and
                                                    2016.                                                   veal products to conform to recent                    veal products.
                                                    FOR FURTHER INFORMATION CONTACT:                        updates in the numbers and categories                    As a result of these changes to HTS,
                                                    Mike Dinkel, Agricultural Marketing                     used by Customs. This proposed rule                   there are 6 new categories that cover
                                                    Specialist; Research and Promotion                      will adjust the live animal equivalencies             imported veal and veal products subject
                                                    Division, Room 2610–S; Livestock,                       used to determine the amount of                       to assessment. The 30 categories
                                                    Poultry and Seed Program; Agricultural                  assessments collected on imported veal                identifying imported beef and beef
                                                    Marketing Service, USDA; STOP 0251;                     and veal products. This adjustment                    products have been expanded to 66
                                                    1400 Independence Avenue SW.,                           reflects an increase in the assessment of             categories.
                                                    Washington, DC 20250–0251; facsimile                    imported veal product so that it                         This proposed rule updates and
                                                    (202) 720–1125; telephone (301) 352–                    coincides with the assessment on                      expands the chart published in the 2006
                                                    7497, or by email at Michael.Dinkel@                    domestic veal product. Accordingly, the               final rule to conform with recent
                                                    ams.usda.gov.                                           Acting Administrator of AMS has                       changes to the HTS numbering system
                                                    SUPPLEMENTARY INFORMATION:                              determined that this action will not                  and revises the live weight equivalents
                                                                                                            have a significant impact on a                        used to calculate import veal
                                                    Executive Order 12866                                   substantial number of small entities.                 assessments. Importers are currently
                                                      The Office of Management and Budget                                                                         paying a lower assessment level for
                                                    (OMB) has waived the review process                     Paperwork Reduction Act                               imported veal and veal products than
                                                    required by Executive Order 12866 for                     In accordance with the Office of                    what is being paid for domestic veal and
                                                    this action.                                            Management and Budget (OMB)                           veal products. At that time, the average
                                                                                                            regulations [5 CFR part 1320] that                    dressed weight of veal slaughtered
                                                    Executive Order 12988                                   implement the Paperwork Reduction                     under Federal inspection was
                                                      This proposed rule has been reviewed                  Act of 1995 [44 U.S.C. Chapter 35], the               determined to be 154 pounds. USDA
                                                    under Executive Order 12988, Civil                      information collection and                            determined that using the average
                                                    Justice Reform. This rule is not intended                                                                     dressed weight of domestic veal
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                                                                            recordkeeping requirements contained
                                                    to have a retroactive effect.                           in the Beef Order and Rules and                       slaughtered under Federal inspection
                                                      Section 11 of the Act provides that                   Regulations have previously been                      would be most suitable because most of
                                                    nothing in the Act may be construed to                  approved by OMB under OMB control                     the imported veal and veal products
                                                    preempt or supersede any other program                  number 0581–0093.                                     were similar to domestic veal.
                                                    relating to beef promotion organized                                                                             The Act requires that assessments on
                                                    and operated under the laws of the U.S.                 Background                                            imported beef and beef products be
                                                    or any State. There are no                                The Act authorized the establishment                determined by converting such imports
                                                    administrative proceedings that must be                 of a national beef promotion and                      into live animal equivalents to ascertain


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                                                    14024                     Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules

                                                    the corresponding number of head of                         IMPORTED LIVE CATTLE—Continued                                NEW IMPORTED (VEAL) BEEF AND
                                                    cattle. Carcass weight is the principle                                                                                         BEEF PRODUCTS
                                                    factor in calculating live animal                                 HTS No.                       Assessment rate
                                                    equivalents.                                                                                                                                                       Assessment
                                                                                                              0102.90.4058      ............    $1.00/head.                            HTS No.
                                                      Prior to publishing the proposed rule,                                                                                                                           rate per kg
                                                    USDA received information from the                        0102.90.4062      ............    $1.00/head.
                                                    Board regarding imported veal                             0102.90.4064      ............    $1.00/head.               0201.20.5010      ........................     .01693600
                                                                                                              0102.90.4066      ............    $1.00/head.               0201.20.5020      ........................     .01693600
                                                    assessments on April 7, 2015. The Board
                                                                                                              0102.90.4068      ............    $1.00/head.               0201.30.5010      ........................     .01693600
                                                    requested to expand the number of HTS                     0102.90.4072      ............    $1.00/head.               0201.30.5020      ........................     .01693600
                                                    codes for imported veal and veal                          0102.90.4074      ............    $1.00/head.               0202.30.5010      ........................     .01693600
                                                    products in order to capture product                      0102.90.4082      ............    $1.00/head.               0202.30.5020      ........................     .01693600
                                                    that is not currently being assessed and                  0102.90.4084      ............    $1.00/head.
                                                    to update the live animal equivalency                                                                                 *        *    *          *         *
                                                    rate on imported veal to reflect the same                                                                               Dated: March 10, 2016.
                                                    assessment as domestic veal and veal                      IMPORTED BEEF AND BEEF PRODUCTS
                                                                                                                                                                          Elanor Starmer,
                                                    products. The Board also suggested that
                                                    AMS update the dressed veal weight to                                HTS No.                            Assessment    Acting Administrator, Agricultural Marketing
                                                                                                                                                            rate per kg   Service.
                                                    better reflect current dressed veal
                                                                                                                                                                          [FR Doc. 2016–05859 Filed 3–15–16; 8:45 am]
                                                    weights. The Board recommends using                       0201.10.0510      ........................      .01693600
                                                    an average dressed veal weight from                                                                                   BILLING CODE 3410–02–P
                                                                                                              0201.10.0590      ........................      .00379102
                                                    2010 to the most current data. The                        0201.10.1010      ........................      .01693600
                                                    Board states that ‘‘establishing an                       0201.10.1090      ........................      .00379102
                                                    average over this period of time takes                    0201.10.5010      ........................      .01693600   DEPARTMENT OF ENERGY
                                                    into account short term highs and lows                    0201.10.5090      ........................      .00511787
                                                    due to the cattle cycle, weather effects,                 0201.20.0200      ........................      .00530743   10 CFR Part 430
                                                    and feed prices.’’ This average would be                  0201.20.0400      ........................      .00511787
                                                                                                                                                                          [Docket Number EERE–2016–BT–STD–
                                                                                                              0201.20.0600      ........................      .00379102
                                                    154 pounds.                                                                                                           0004]
                                                                                                              0201.20.1000      ........................      .00530743
                                                    List of Subjects in 7 CFR Part 1260                       0201.20.3000      ........................      .00511787   RIN 1904–AD61
                                                                                                              0201.20.5000      ........................      .00379102
                                                       Administrative practice and                            0201.20.8090      ........................      .00379102   Appliance Standards and Rulemaking
                                                    procedure, Advertising, Agricultural                      0201.30.0200      ........................      .00530743   Federal Advisory Committee: Notice of
                                                    research, Marketing agreements, Meat                      0201.30.0400      ........................      .00511787   Open Meetings for the Circulator
                                                    and meat products, Beef, and Beef                         0201.30.0600      ........................      .00379102   Pumps Working Group To Negotiate a
                                                    products.                                                 0201.30.1000      ........................      .00530743   Notice of Proposed Rulemaking
                                                       For the reasons set forth in the                       0201.30.3000      ........................      .00511787   (NOPR) for Energy Conservation
                                                    preamble, title 7 of the CFR part 1260                    0201.30.5000      ........................      .00511787
                                                                                                                                                                          Standards and Test Procedures
                                                    is proposed to be amended as follows:                     0201.30.8090      ........................      .00511787
                                                                                                              0202.10.0510      ........................      .01693600   AGENCY: Office of Energy Efficiency and
                                                    PART 1260—BEEF PROMOTION AND                              0202.10.0590      ........................      .00379102   Renewable Energy, Department of
                                                    RESEARCH                                                  0202.10.1010      ........................      .01693600   Energy.
                                                                                                              0202.10.1090      ........................      .00370102
                                                                                                              0202.10.5010      ........................      .01693600   ACTION: Notice of public meetings.
                                                    ■ 1. The authority citation for 7 CFR
                                                                                                              0202.10.5090      ........................      .00379102
                                                    part 1260 continues to read as follows:                                                                               SUMMARY:    The Department of Energy
                                                                                                              0202.20.0200      ........................      .00530743
                                                      Authority: 7 U.S.C. 2901–2911 and 7                     0202.20.0400      ........................      .00511787   (DOE) announces public meetings and
                                                    U.S.C. 7401.                                              0202.20.0600      ........................      .00379102   webinars for the Circulator Pumps
                                                    ■ 2. Amend § 1260.172 by revising                         0202.20.1000      ........................      .00530743   Working Group. The Federal Advisory
                                                    paragraph (b)(2) to read as follows:                      0202.20.3000      ........................      .00511787   Committee Act requires that agencies
                                                                                                              0202.20.5000      ........................      .00379102   publish notice of an advisory committee
                                                    § 1260.172       Assessments.                             0202.20.8000      ........................      .00379102   meeting in the Federal Register.
                                                    *     *     *     *     *                                 0202.30.0200      ........................      .00530743   DATES: See SUPPLEMENTARY INFORMATION
                                                      (b) * * *                                               0202.30.0400      ........................      .00511787   section for meeting dates.
                                                      (2) The assessment rates for imported                   0202.30.0600      ........................      .00527837
                                                                                                              0202.30.1000      ........................      .00530743   ADDRESSES: The meetings will be held at
                                                    cattle, beef, and beef products are as                                                                                U.S. Department of Energy, Building
                                                                                                              0202.30.3000      ........................      .00511787
                                                    follows:                                                  0202.30.5000      ........................      .00511787   Technologies Office, 950 L’Enfant Plaza,
                                                                                                              0202.30.8000      ........................      .00379102   6th Floor SW., Washington, DC, unless
                                                              IMPORTED LIVE CATTLE                            0206.10.0000      ........................      .00379102   otherwise stated in the SUPPLEMENTARY
                                                                                                              0206.21.0000      ........................      .00379102   INFORMATION section. Individuals will
                                                           HTS No.                     Assessment rate        0206.22.0000      ........................      .00379102   also have the opportunity to participate
                                                                                                              0206.29.0000      ........................      .00379102   by webinar. To register for the webinars
                                                    0102.10.0010      ............   $1.00/head.              0210.20.0000      ........................      .00615701
                                                    0102.10.0020      ............   $1.00/head.                                                                          and receive call-in information, please
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                                                                              1601.00.4010      ........................      .00473877
                                                    0102.10.0030      ............   $1.00/head.              1601.00.4090      ........................      .00473877   register at DOE’s Web site: https://
                                                    0102.10.0050      ............   $1.00/head.              1601.00.6020      ........................      .00473877   www1.eere.energy.gov/buildings/
                                                    0102.90.2011      ............   $1.00/head.              1602.50.0900      ........................      .00663428   appliance_standards/standards.aspx
                                                    0102.90.2012      ............   $1.00/head.              1602.50.1020      ........................      .00663428   ?productid=2.
                                                    0102.90.4024      ............   $1.00/head.              1602.50.1040      ........................      .00663428
                                                    0102.90.4028      ............   $1.00/head.                                                                          FOR FURTHER INFORMATION CONTACT:    Mr.
                                                                                                              1602.50.2020      ........................      .00701388
                                                    0102.90.4034      ............   $1.00/head.                                                                          Joe Hagerman, U.S. Department of
                                                                                                              1602.50.2040      ........................      .00701388
                                                    0102.90.4038      ............   $1.00/head.              1602.50.6000      ........................      .00720293
                                                                                                                                                                          Energy, Office of Energy Efficiency and
                                                    0102.90.4054      ............   $1.00/head.                                                                          Renewable Energy, Building


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Document Created: 2016-03-15 23:44:28
Document Modified: 2016-03-15 23:44:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received by May 16, 2016.
ContactMike Dinkel, Agricultural Marketing Specialist; Research and Promotion Division, Room 2610-S; Livestock, Poultry and Seed Program; Agricultural Marketing Service, USDA; STOP 0251; 1400 Independence Avenue SW., Washington, DC 20250-0251; facsimile (202) 720-1125; telephone (301) 352-7497, or by email at [email protected]
FR Citation81 FR 14022 
CFR AssociatedAdministrative Practice and Procedure; Advertising; Agricultural Research; Marketing Agreements; Meat and Meat Products; Beef and Beef Products

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