81_FR_84736 81 FR 84510 - Provisions for Removing Commodity Research and Promotion Board Members and Staff

81 FR 84510 - Provisions for Removing Commodity Research and Promotion Board Members and Staff

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 81, Issue 226 (November 23, 2016)

Page Range84510-84516
FR Document2016-28050

This proposal would amend the research and promotion orders-- or the regulations under the orders--overseen by the Agricultural Marketing Service (AMS) to provide uniform authority for the removal of board members and staff who fail to perform their duties or who engage in dishonest actions or willful misconduct. The removal provisions in 13 of the orders would be modified to allow the U.S. Department of Agriculture (USDA) to take action necessary to ensure the boards can continue to fulfill their intended purposes with minimal disruption. Removal provisions would be added to the six orders that do not currently provide for such action.

Federal Register, Volume 81 Issue 226 (Wednesday, November 23, 2016)
[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)]
[Proposed Rules]
[Pages 84510-84516]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28050]


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

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 1150, 1160, 1205, 1206, 1207, 1208, 1209, 1210, 1212, 
1214, 1215, 1216, 1217, 1218, 1219, 1222, 1230, 1250, and 1260

[Document Number AMS-DA-16-0101]


Provisions for Removing Commodity Research and Promotion Board 
Members and Staff

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: This proposal would amend the research and promotion orders--
or the regulations under the orders--overseen by the Agricultural 
Marketing Service (AMS) to provide uniform authority for the removal of 
board members and staff who fail to perform their duties or who engage 
in dishonest actions or willful misconduct. The removal provisions in 
13 of the orders would be modified to allow the U.S. Department of 
Agriculture (USDA) to take action necessary to ensure the boards can 
continue to fulfill their intended purposes with minimal disruption. 
Removal provisions would be added to the six orders that do not 
currently provide for such action.

DATES: Comments must be received by December 8, 2016.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this proposed rule. Comments may be submitted on the 
internet at: http://www.regulations.gov. Written comments may also be 
sent to Laurel L. May, Senior Marketing Specialist, Order Formulation 
and Enforcement Division, USDA/AMS/Dairy Program, 1400 Independence 
Avenue SW., Room 2967-S--Stop 0231, Washington, DC 20250-0231; 
facsimile: 202-690-0552. All comments should reference the document 
number and the date and page number of this issue of the Federal 
Register, and will be made available for public inspection in the above 
office during regular business hours, or may be viewed at: http://www.regluations.gov. Please be advised that the identity of the 
individuals or entities submitting the comments will be made public on 
the internet at the address provided above.

FOR FURTHER INFORMATION CONTACT: Laurel L. May, Senior Marketing 
Specialist, USDA/AMS/Dairy Program, telephone 202-690-1366, or email 
Laurel.May@ams.usda.gov; or Whitney Rick, Director; Promotion, 
Research, and Planning Division; USDA/AMS/Dairy Program; telephone 202-
720-6961; or email Whitney.Rick@ams.usda.gov.

SUPPLEMENTARY INFORMATION: This proposed rule is issued under 19 of the 
commodity research and promotion orders established under the following 
acts: Beef Promotion and Research Act of 1985 (7 U.S.C. 2901-2911); 
Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. 
7411-7425); Cotton Research and Promotion Act of 1966 (7 U.S.C. 2101-
2118); Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501-4514); 
Egg Research and Consumer Information Act of 1974 (7 U.S.C. 2701-2718); 
Fluid Milk Promotion Act of 1990 (7 U.S.C. 6401-6417); Hass Avocado 
Promotion, Research, and Information Act of 2000 (U.S.C. 7801-7813); 
Mushroom Promotion, Research, and Consumer Information Act of 1990 (7 
U.S.C. 6101-6112); Popcorn Promotion, Research, and Consumer 
Information Act of 1996 (7 U.S.C. 7481-7491); Pork Promotion, Research, 
and Consumer Information Act of 1985 (7 U.S.C. 4801-4819); Potato 
Research and Promotion Act of 1971 (7 U.S.C. 2611-2627); and Watermelon 
Research and Promotion Act (7 U.S.C. 4901-4916). These acts are 
collectively referred to as ``commodity research and promotion laws'' 
or ``acts.''
    The preceding acts provide that administrative proceedings must be 
exhausted before parties may file suit in court. Under those acts, any 
person subject to an order may file a petition with the Secretary of 
Agriculture (Secretary) stating that the order, any provision of the 
order, or any obligation imposed in connection with the order is not in 
accordance with laws and request a modification of the order or to be 
exempted therefrom. The petitioner is afforded the opportunity for a 
hearing on the petition. After the hearing, the Secretary will make a 
ruling on the petition. The acts provide that the district courts of 
the United States in any district in which the person is an inhabitant, 
or has his or her principal place of business, has the jurisdiction to 
review the Secretary's rule, provided a complaint is filed within 20 
days from the date of the entry of the ruling. There are no 
administrative proceedings that must be exhausted prior to any judicial 
challenge to the provision of the Beef Promotion and Research Act of 
1985.

Executive Order 12866 and Executive Order 13563

    USDA is issuing this proposed rule in conformance with Executive 
Orders 12866 and 13563. Executive Orders 12866 and 13563 direct 
agencies to assess all costs and benefits of available regulatory 
alternatives and, if regulation is necessary, to select regulatory 
approaches that maximize net benefits (including potential economic, 
environmental, public health, and safety effects, distributive impacts, 
and equity). Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, reducing costs, harmonizing rules, 
and promoting flexibility. This action has been designated as a ``non-
significant regulatory action'' under section 3(f) of Executive Order 
12866. Accordingly, the Office of Management and Budget has waived the 
review process.

Executive Order 13175

    This proposed rule has been reviewed in accordance with the 
requirements of Executive Order 13175, Consultation and Coordination 
with Indian Tribal Governments. The review reveals that this regulation 
would not have substantial and direct effects on Tribal governments and 
would not have significant Tribal implications.

Executive Order 12988

Beef Promotion and Research Act of 1985

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. It is not intended to have retroactive effect. 
Section 11 of the Beef Promotion and Research Act of 1985 (7 U.S.C. 
2910) provides that it shall not preempt or supersede any other program 
relating to beef promotion organized and operated under the laws of the 
United States or any State.

Commodity Promotion, Research, and Information Act of 1996

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. It is not intended to have retroactive effect. 
Section 524 of the Commodity Promotion, Research, and Information Act 
of 1996 (7 U.S.C. 7423) provides that it shall not affect or preempt 
any other Federal or State law authorizing promotion or research 
relating to an agricultural commodity.

[[Page 84511]]

Cotton Research and Promotion Act of 1966

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. The proposed rule is not intended to have 
retroactive effect.

Dairy Production Stabilization Act of 1983

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. The proposed rule is not intended to have 
retroactive effect. Section 1221 of the Dairy Production Stabilization 
Act of 1983 provides that nothing in this Act may be construed to 
preempt or superseded any other program relating to dairy product 
promotion organized and operated under the laws of the United States or 
any State.

Egg Research and Consumer Information Act of 1974

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. The proposed rule is not intended to have 
retroactive effect.

Fluid Milk Promotion Act of 1990

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. The proposed rule is not intended to have 
retroactive effect.

Hass Avocado Promotion, Research, and Information Act of 2000

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. It is not intended to have retroactive effect. 
Section 1212(c) of the Hass Avocado Promotion, Research, and 
Information Act of 2000 (7 U.S.C. 7811) provides that nothing in this 
Act may be construed to preempt or supersede any program relating to 
Hass avocado promotion, research, industry information, and consumer 
information organized and operated under the laws of the United States 
or of a State.

Mushroom Promotion, Research, and Consumer Information Act of 1990

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. It is not intended to have retroactive effect. 
Section 1930 of the Mushroom Promotion, Research, and Information Act 
of 1990 (7 U.S.C. 6109) provides that nothing in this Act may be 
construed to preempt or supersede any program relating to mushroom 
promotion, research, industry information, and consumer information 
organized and operated under the laws of the United States or of a 
State.

Popcorn Promotion, Research, and Consumer Information Act of 1996

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. It is not intended to have retroactive effect. 
Section 580 of the Popcorn Promotion, Research, and Information Act of 
1996 (7 U.S.C. 7489) provides that nothing in this Act may be construed 
to preempt or supersede any program relating to popcorn promotion 
organized and operated under the laws of the United States or of a 
State.

Potato Research and Promotion Act of 1971

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. It is not intended to have retroactive effect.

Pork Promotion, Research, and Consumer Information Act of 1985

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. It is not intended to have retroactive effect. 
Section 1628 of the Pork Promotion, Research, and Consumer Information 
Act of 1985 (7 U.S.C. 4817) 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. The 
regulation of such activity (other than a regulation or requirements 
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 Pork Act may not be imposed by a State.

Watermelon Research and Promotion Act

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. It is not intended to have retroactive effect.

Proposed Rule

    USDA is proposing amendments to the orders and/or rules and 
regulations for 19 of the 22 national commodity research and promotion 
programs overseen by AMS. Each of the programs is administered by a 
board or council comprised of industry stakeholders, who are appointed 
by the Secretary to chart the course of the promotion and research 
activities undertaken by each commodity research and promotion program. 
The boards and councils hire staffs to carry out the day-to-day 
business operations of the programs. The proposed amendments would 
establish uniform provisions across all the programs for removing board 
and council members and their employees as necessary to preserve 
program integrity.
    Currently, 16 of AMS's 22 research and promotion programs specify 
provisions for removing board and council members or their staff 
employees when they are unwilling or unable to perform their duties 
properly or when they engage in prohibited or illegal activities or 
other willful misconduct. Some of the programs require the board or 
council to first make a recommendation for removal to the Secretary, 
who then determines whether such action is appropriate. Six of the 
programs include no removal provisions.
    The need to remove board and council members and staff from service 
is infrequent; but situations do arise that require immediate AMS 
action to ensure program integrity is maintained and to mitigate damage 
from illegal or inappropriate behavior. Examples of such situations 
include, but are not limited to, those occasions when board or council 
members find that they cannot commit enough time to board or council 
business and are unable to consistently attend meetings or fulfill 
program assignments. In such cases, it may be difficult for the board 
or council to meet quorum requirements or make urgent business 
decisions. In other situations, board or council members or their 
employees might violate program policies regarding lobbying and 
influencing government action or policy or violate anti-discrimination, 
anti-harassment, or anti-trust laws, all of which impede program 
integrity and the ability to conduct normal business. Board or council 
members or their employees might mishandle program funds or commit 
other dishonest acts injurious to all program participants. In each 
case, the Secretary must have the ability to initiate removal actions, 
applying consistent criteria and procedures across all programs. 
Improved AMS oversight would ensure these industry boards and councils 
can continue to fulfill their appointed purposes.
    Currently, three of AMS's research and promotion orders (for 
soybeans, sorghum, and lamb) contain identical language related to 
removing board and council members and staff that would be appropriate 
for use in the other 19 programs. The language authorizes the Secretary 
to initiate removal action against any person (board or council member 
or employee) for failure or refusal to perform his or her duties 
properly or for engaging in acts of dishonesty or willful misconduct. 
The Secretary is authorized to remove that person if the he or she 
determines that

[[Page 84512]]

person's continued service would be detrimental to the purposes of the 
act under which the program is established.
    This proposed rule would amend 11 of the orders by replacing 
current provisions with the language used in the soybean, sorghum, and 
lamb orders, to provide identical authority for the Secretary to take 
appropriate removal action when necessary to preserve program 
integrity. Specifically, the following sections in each order would be 
amended:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Mango Promotion, Research, and      Sec.   1206.33(b).
 Information Order.
Processed Raspberry Promotion,      Sec.   1208.43(b).
 Research, and Information Order.
Mushroom Promotion, Research, and   Sec.   1209.35(c).
 Consumer Information Order.
Honey Packers and Importers         Sec.   1212.43(b).
 Research, Promotion, Education
 and Information Order.
Christmas Tree Promotion,           Sec.   1214.43(b).
 Research, and Information Order.
Popcorn Promotion, Research, and    Sec.   1215.26.
 Consumer Information Order.
Softwood Lumber Research,           Sec.   1217.43(b).
 Promotion, Consumer Education,
 and Industry Information Order.
Blueberry Promotion, Research and   Sec.   1218.43(b).
 Information Order.
Paper and Paper-Based Packaging     Sec.   1222.43(a).
 Promotion, Research, and
 Information Order.
Pork Promotion, Research, and       Sec.  Sec.   1230.35 and 1230.55.
 Consumer Information Order.
Beef Promotion and Research Order.  Sec.   1260.213.
------------------------------------------------------------------------

    Additionally, this proposed rule would suspend the current removal 
authority under two orders. The language proposed for use in all the 
other orders, as currently provided in the orders for soybeans, 
sorghum, and lamb, would be added to the rules and regulations under 
the three orders to provide identical authority for the Secretary to 
take appropriate removal action when necessary to preserve program 
integrity. Specifically, new regulations would be added to replace 
language suspended in the following sections:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Watermelon Research and Promotion   Sec.   1210.324(b)
 Plan.
Hass Avocado Promotion, Research    Sec.   1219.36(b)
 and Information Order.
------------------------------------------------------------------------

    Finally, this proposed rule would add removal authority to the six 
orders or the rules and regulations under the orders that do not 
currently specify such provisions. The language proposed for use in all 
the other orders, as currently provided in the orders for soybeans, 
sorghum, and lamb, would be added to provide identical authority for 
the Secretary to take appropriate removal action when necessary to 
preserve program integrity. Specifically, removal language would be 
added to each of the following:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Dairy Promotion and Research Order  Sec.   1150.136.
National Fluid Milk Processor       Sec.   1160.25.
 Promotion Order.
Cotton Research and Promotion--     Sec.   1205.506 (new).
 Cotton Board Rules and
 Regulations.
Potato Research and Promotion Plan  Sec.   1207.324.
Peanut Promotion, Research, and     Sec.   1216.44.
 Information Order.
Egg Research and Promotion Order..  Sec.   1250.331.
------------------------------------------------------------------------

    This proposed rule is intended to strengthen AMS's oversight of the 
commodity research and promotion programs to protect the interests of 
the regulated industries. The proposed removal language to be applied 
to all of the orders would not preclude the ability of the boards or 
councils to initiate action to remove members if they become aware of 
situations requiring such action. Nevertheless, board or council 
recommendations regarding removals would not be required for AMS to 
take action, as they currently are under some of the orders. AMS would 
be able to take immediate action to investigate possible violations of 
order provisions, policies, and laws without waiting for a formal 
request to do so from the board or council. AMS would also be able to 
apply consistent criteria for board or council member removal across 
all the programs as necessary to ensure program integrity.

Initial Regulatory Flexibility Act Analysis

    In accordance with the Regulatory Flexibility Act (RFA) (5 U.S.C. 
601-612), AMS is required to examine the impact of this proposed rule 
on small entities. The purpose of the RFA is to fit regulatory actions 
to the scale of businesses subject to such actions in order that small 
businesses will not be unduly or disproportionately burdened. 
Accordingly, AMS has considered the economic impact of this action on 
small entities and has prepared this initial regulatory flexibility 
analysis.
    Small agricultural service firms are defined by the Small Business 
Administration (SBA) as those having annual receipts of less than 
$7,000,000, and small agricultural producers are defined as those 
having annual receipts of less than $750,000 (13 CFR 121.201).
    Research and promotion programs established under the various 
commodity research and promotion acts, and the rules and regulations 
issued thereunder, are uniquely brought about through group action of 
essentially small entities acting on their own behalf. The boards and 
councils that administer the programs are largely comprised of 
producers, handlers, processors, manufacturers, and importers of the 
regulated commodities, who are nominated by their industries and 
selected by the Secretary to recommend, plan, and conduct generic 
promotion and research projects that will benefit all industry members, 
regardless of size.
    In most cases, board and council members are nominated by their 
peers in specific regions or states where the commodity is produced to 
represent those areas. Some programs may provide for board or council 
representation according to the member's production volume. Every 
effort is made to ensure that boards and councils are composed of 
diverse members of all business sizes in order to assure proper 
representation of all

[[Page 84513]]

segments of the regulated industries. Thus, across the 19 boards and 
councils that would be affected by this proposed rule, there are any 
number of large or small entities serving as members at any one time.
    This rule is intended to facilitate the removal of individual board 
and council members, or employees of the boards and councils, who are 
no longer able to perform their duties or who have engaged in dishonest 
acts or other willful misconduct. The proposed removal criteria and 
procedures would pertain to the removal of any board or council member, 
regardless of the size of the business entity they represent, or any 
employee of the boards or councils, whose continued service would be 
detrimental to the programs.
    No negative or disproportionate impacts on large or small entities 
are anticipated in connection with this proposed rule. The positive 
impacts, which are expected to accrue to all industry members, both 
large and small, are improved AMS oversight of the commodity research 
and promotion programs and the improved integrity and effectiveness of 
those programs, which are designed to benefit all commodity producers, 
handlers, importers, and consumers, regardless of size.
    AMS considered alternatives to this proposed rule, including 
variations to the removal provision language to be applied to all the 
orders, or doing nothing at all. After consideration, AMS opted to 
propose the provision language that would give the boards, councils, 
and the Secretary the ability to initiate and carry out removal 
proceedings when necessary. The proposal would also allow AMS to apply 
uniform oversight across all programs. In this way, AMS would be able 
to provide more effective oversight of the 22 commodity research and 
promotion programs.
    This proposed rule would not impose any additional reporting or 
recordkeeping requirements on either small or large entities. In 
accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 
35), the information collection requirements of the 19 affected 
commodity research and promotion programs (7 CFR parts 1150, 1160, 
1205, 1206, 1207, 1208, 1209, 1210, 1212, 1214, 1215, 1216, 1217, 1218, 
1219, 1222, 1230, 1250, and 1260) have previously been approved by the 
Office of Management and Budget (OMB) under those orders. All reports 
and forms used in the AMS research and promotion programs are 
periodically reviewed to reduce information requirements and 
duplication by industry and public sector agencies. In addition, USDA 
has not identified any relevant Federal rules that duplicate, overlap, 
or conflict with this rule.
    AMS is committed to complying with the E-Government act, 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.
    Interested persons are invited to submit comments on this proposed 
rule, including the regulatory and informational impacts of this action 
on small businesses.
    While this proposed rule has not received the approval of USDA, it 
has been determined that it is consistent with and would effectuate the 
purposes of the Commodity Promotion, Research, and Information Act of 
1996, for the programs to which the Act is applicable.
    A 15-day comment period for the proposed rule is provided to allow 
interested persons to submit written comments on the proposed changes 
to the provisions for removing research and promotion board and council 
members, or board and council employees, from service. All comments 
timely received will be considered before a final determination is made 
on this matter.

List of Subjects

7 CFR Part 1150

    Administrative practice and procedure, Dairy products, Reporting 
and recordkeeping requirements, Research.

7 CFR Part 1160

    Administrative practice and procedure, Fluid milk products, 
Promotion, Reporting and recordkeeping requirements.

7 CFR Part 1205

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

7 CFR Part 1206

    Administrative practice and procedure, Advertising, Agricultural 
research, Mango, Marketing agreements, Reporting and recordkeeping 
requirements.

7 CFR Part 1207

    Advertising, Agricultural research, Imports, Potatoes, Reporting 
and recordkeeping requirements.

7 CFR Part 1208

    Administrative practice and procedure, Advertising, Consumer 
information, Marketing agreements, Raspberry promotion, Reporting and 
recordkeeping requirements.

7 CRF Part 1209

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

7 CRF Part 1210

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

7 CFR Part 1212

    Administrative practice and procedure, Advertising, Consumer 
education, Honey and honey products, Marketing agreements, Promotion, 
Reporting and recordkeeping requirements.

7 CFR Part 1214

    Administrative practice and procedure, Advertising, Christmas 
trees, promotion, Consumer information, Marketing agreements, Reporting 
and recordkeeping requirements.

7 CFR Part 1215

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

7 CFR Part 1216

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

7 CFR Part 1217

    Administrative practice and procedure, Advertising, Consumer 
Information, Marketing agreements, Promotion, Reporting and 
recordkeeping requirements, Softwood lumber.

7 CFR Part 1218

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

7 CFR Part 1219

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

7 CFR Part 1222

    Administrative practice and procedure, Advertising, Consumer

[[Page 84514]]

information, Marketing agreements, Paper and paper-based packaging 
promotion, Reporting and recordkeeping requirements.

7 CFR Part 1230

    Administrative practice and procedure, Advertising, Agricultural 
research, Marketing agreements, Pork and pork products, Reporting and 
recordkeeping requirements.

7 CFR Part 1250

    Administrative practice and procedure, Advertising, Agricultural 
research, Eggs and egg products, Reporting and recordkeeping 
requirements.

7 CFR Part 1260

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

    For the reasons set forth in the preamble, 7 CFR parts 1150, 1160, 
1205, 1206, 1207, 1208, 1209, 1210, 1212, 1214, 1215, 1216, 1217, 1218, 
1219, 1222, 1230, 1250, and 1260 are proposed to be amended as follows:

PART 1150--DAIRY PROMOTION PROGRAM

0
1. The authority citation for 7 CFR part 1150 continues to read as 
follows:

    Authority:  7 U.S.C. 4501-4514 and 7 U.S.C. 7401.

0
2. In Sec.  1150.136, redesignate the introductory text as paragraph 
(a), and add a new paragraph (b) to read as follows:


Sec.  1150.136  Vacancies.

* * * * *
    (b) If the Secretary determines that any person appointed under 
this part fails or refuses to perform his or her duties properly or 
engages in acts of dishonesty or willful misconduct, the Secretary 
shall remove the person from office. A person appointed under this part 
or any employee of the Board may be removed by the Secretary if the 
Secretary determines that the person's continued service would be 
detrimental to the purposes of the Act.

PART 1160--FLUID MILK PROMOTION PROGRAM

0
3. The authority citation for 7 CFR part 1160 continues to read as 
follows:

    Authority: 7 U.S.C. 6401-6417 and 7 U.S.C. 7401.

0
4. In Sec.  1160.205, redesignate the introductory text as paragraph 
(a), and add a new paragraph (b) to read as follows:


Sec.  1160.205  Vacancies.

* * * * *
    (b) If the Secretary determines that any person appointed under 
this part fails or refuses to perform his or her duties properly or 
engages in acts of dishonesty or willful misconduct, the Secretary 
shall remove the person from office. A person appointed under this part 
or any employee of the Board may be removed by the Secretary if the 
Secretary determines that the person's continued service would be 
detrimental to the purposes of the Act.

PART 1205--COTTON RESEARCH AND PROMOTION

0
5. The authority citation for 7 CFR part 1205 continues to read as 
follows:

    Authority: 7 U.S.C. 2101-2118.

0
6. Add Sec.  1205.506 under the undesignated center heading ``General'' 
in the Subpart--Cotton Board Rules and Regulations to read as follows:


Sec.  1205.506  Removal.

    If the Secretary determines that any person appointed under this 
part fails or refuses to perform his or her duties properly or engages 
in acts of dishonesty or willful misconduct, the Secretary shall remove 
the person from office. A person appointed under this part or any 
employee of the Board may be removed by the Secretary if the Secretary 
determines that the person's continued service would be detrimental to 
the purposes of the Act.

PART 1206--MANGO PROMOTION, RESEARCH, AND INFORMATION

0
7. The authority citation for 7 CFR part 1206 continues to read as 
follows:

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

0
8. In Sec.  1206.33, revise paragraph (b) to read as follows:


Sec.  1206.33  Vacancies.

* * * * *
    (b) If the Secretary determines that any person appointed under 
this part fails or refuses to perform his or her duties properly or 
engages in acts of dishonesty or willful misconduct, the Secretary 
shall remove the person from office. A person appointed under this part 
or any employee of the Board may be removed by the Secretary if the 
Secretary determines that the person's continued service would be 
detrimental to the purposes of the Act.
* * * * *

PART 1207--POTATO RESEARCH AND PROMOTION PLAN

0
9. The authority citation for 7 CFR part 1207 continues to read as 
follows:

    Authority: 7 U.S.C. 2611-2627 and 7 U.S.C. 7401.

0
10. In Sec.  1207.324, redesignate the introductory text as paragraph 
(a), and add a new paragraph (b) to read as follows:


Sec.  1207.324  Vacancies.

* * * * *
    (b) If the Secretary determines that any person appointed under 
this part fails or refuses to perform his or her duties properly or 
engages in acts of dishonesty or willful misconduct, the Secretary 
shall remove the person from office. A person appointed under this part 
or any employee of the Board may be removed by the Secretary if the 
Secretary determines that the person's continued service would be 
detrimental to the purposes of the Act.

PART 1208--PROCESSED RASPBERRY PROMOTION, RESEARCH, AND INFORMATION 
ORDER

0
11. The authority citation for 7 CFR part 1208 continues to read as 
follows:

    Authority: 7 U.S.C. 7411-7425; 7 U.S.C. 7404.

0
12. In Sec.  1208.43, revise paragraph (b) to read as follows:


Sec.  1208.43  Vacancies.

* * * * *
    (b) If the Secretary determines that any person appointed under 
this part fails or refuses to perform his or her duties properly or 
engages in acts of dishonesty or willful misconduct, the Secretary 
shall remove the person from office. A person appointed under this part 
or any employee of the Council may be removed by the Secretary if the 
Secretary determines that the person's continued service would be 
detrimental to the purposes of the Act.
* * * * *

PART 1209--MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION 
ORDER

0
13. The authority citation for 7 CFR part 1209 continues to read as 
follows:

    Authority:  7 U.S.C. 6101-6112 and 7 U.S.C. 7401.

0
14. In Sec.  1209.35, revise paragraph (c) to read as follows:


Sec.  1209.35  Vacancies.

* * * * *

[[Page 84515]]

    (c) If the Secretary determines that any person appointed under 
this part fails or refuses to perform his or her duties properly or 
engages in acts of dishonesty or willful misconduct, the Secretary 
shall remove the person from office. A person appointed under this part 
or any employee of the Council may be removed by the Secretary if the 
Secretary determines that the person's continued service would be 
detrimental to the purposes of the Act.

PART 1210--WATERMELON RESEARCH AND PROMOTION PLAN

0
15. The authority citation for 7 CFR part 1210 continues to read as 
follows:

    Authority:  7 U.S.C. 4901-4916 and 7 U.S.C. 7401.

0
16. In Sec.  1210.324, suspend paragraph (b) indefinitely.
0
17. Add Sec.  1210.503 under the undesignated center heading 
``General'' in Subpart C--Rules and Regulations to read as follows:


Sec.  1210.503  Removal.

    If the Secretary determines that any person appointed under this 
part fails or refuses to perform his or her duties properly or engages 
in acts of dishonesty or willful misconduct, the Secretary shall remove 
the person from office. A person appointed under this part or any 
employee of the Board may be removed by the Secretary if the Secretary 
determines that the person's continued service would be detrimental to 
the purposes of the Act.

PART 1212--HONEY PACKERS AND IMPORTER RESEARCH, PROMOTION, CONSUMER 
EDUCATION AND INDUSTRY INFORMATION ORDER

0
18. The authority citation for 7 CFR part 1212 continues to read as 
follows:

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

0
19. In Sec.  1212.43, revise paragraph (b) to read as follows:


Sec.  1212.43  Removal and Vacancies.

* * * * *
    (b) If the Secretary determines that any person appointed under 
this part fails or refuses to perform his or her duties properly or 
engages in acts of dishonesty or willful misconduct, the Secretary 
shall remove the person from office. A person appointed under this part 
or any employee of the Board may be removed by the Secretary if the 
Secretary determines that the person's continued service would be 
detrimental to the purposes of the Act.
* * * * *

PART 1214--CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION 
ORDER

0
20. The authority citation for 7 CFR part 1214 continues to read as 
follows:

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

0
21. In Sec.  1214.43, revise paragraph (b) to read as follows:


Sec.  1214.43  Vacancies.

* * * * *
    (b) If the Secretary determines that any person appointed under 
this part fails or refuses to perform his or her duties properly or 
engages in acts of dishonesty or willful misconduct, the Secretary 
shall remove the person from office. A person appointed under this part 
or any employee of the Board may be removed by the Secretary if the 
Secretary determines that the person's continued service would be 
detrimental to the purposes of the Act.

PART 1215--POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION

0
22. The authority citation for 7 CFR part 1215 continues to read as 
follows:

    Authority: 7 U.S.C. 7481-7491 and 7 U.S.C. 7401.

0
23. Revise Sec.  1215.26 to read as follows:


Sec.  1215.26  Removal.

    If the Secretary determines that any person appointed under this 
part fails or refuses to perform his or her duties properly or engages 
in acts of dishonesty or willful misconduct, the Secretary shall remove 
the person from office. A person appointed under this part or any 
employee of the Board may be removed by the Secretary if the Secretary 
determines that the person's continued service would be detrimental to 
the purposes of the Act.

PART 1216--PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER

0
24. The authority citation for 7 CFR part 1216 continues to read as 
follows:

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

0
25. In Sec.  1216.44, redesignate the introductory text as paragraph 
(a), and add paragraph (b) to read as follows:


Sec.  1216.44  Vacancies.

* * * * *
    (b) If the Secretary determines that any person appointed under 
this part fails or refuses to perform his or her duties properly or 
engages in acts of dishonesty or willful misconduct, the Secretary 
shall remove the person from office. A person appointed under this part 
or any employee of the Board may be removed by the Secretary if the 
Secretary determines that the person's continued service would be 
detrimental to the purposes of the Act.

PART 1217--SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION, 
AND INDUSTRY INFORMATION ORDER

0
26. The authority citation for 7 CFR part 1217 continues to read as 
follows:

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

0
27. In Sec.  1217.43, revise paragraph (b) to read as follows:


Sec.  1217.43  Removal and Vacancies.

* * * * *
    (b) If the Secretary determines that any person appointed under 
this part fails or refuses to perform his or her duties properly or 
engages in acts of dishonesty or willful misconduct, the Secretary 
shall remove the person from office. A person appointed under this part 
or any employee of the Board may be removed by the Secretary if the 
Secretary determines that the person's continued service would be 
detrimental to the purposes of the Act.
* * * * *

PART 1218--BLUEBERRY PROMOTION, RESEARCH, AND INFORMATION ORDER

0
28. The authority citation for 7 CFR part 1218 continues to read as 
follows:

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

0
28. In Sec.  1218.43, revise paragraph (b) to read as follows:


Sec.  1218.43  Vacancies.

* * * * *
    (b) If the Secretary determines that any person appointed under 
this part fails or refuses to perform his or her duties properly or 
engages in acts of dishonesty or willful misconduct, the Secretary 
shall remove the person from office. A person appointed under this part 
or any employee of the Council may be removed by the Secretary if the 
Secretary determines that the person's continued service would be 
detrimental to the purposes of the Act.
* * * * *

PART 1219--HASS AVOCADO PROMOTION, RESEARCH, AND INFORMATION

0
29. The authority citation for 7 CFR part 1219 continues to read as 
follows:


[[Page 84516]]


    Authority: 7 U.S.C. 7801-7813 and U.S.C. 7401.

0
30. In Sec.  1219.36, suspend paragraph (b) indefinitely.
0
31. Add Sec.  1219.204 under Subpart C--Rules and Regulations to read 
as follows:


Sec.  1219.204   Removal.

    If the Secretary determines that any person appointed under this 
part fails or refuses to perform his or her duties properly or engages 
in acts of dishonesty or willful misconduct, the Secretary shall remove 
the person from office. A person appointed under this part or any 
employee of the Board may be removed by the Secretary if the Secretary 
determines that the person's continued service would be detrimental to 
the purposes of the Act.

PART 1222--PAPER AND PAPER-BASED PACKAGING PROMOTION, RESEARCH AND 
INFORMATION ORDER

0
32. The authority citation for 7 CFR part 1222 continues to read as 
follows:

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

0
33. In Sec.  1222.43, revise paragraph (a) to read as follows:


Sec.  1222.43   Removal and vacancies.

    (a) If the Secretary determines that any person appointed under 
this part fails or refuses to perform his or her duties properly or 
engages in acts of dishonesty or willful misconduct, the Secretary 
shall remove the person from office. A person appointed under this part 
or any employee of the Board may be removed by the Secretary if the 
Secretary determines that the person's continued service would be 
detrimental to the purposes of the Act.
* * * * *

PART 1230--PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION

0
34. The authority citation for 7 CFR part 1230 continues to read as 
follows:

    Authority: 7 U.S.C. 4801-4819 and 7 U.S.C. 7401.

0
35. Add Sec.  1230.40, to read as follows:


Sec.  1230.40   Removal.

    If the Secretary determines that any person appointed under this 
part fails or refuses to perform his or her duties properly or engages 
in acts of dishonesty or willful misconduct, the Secretary shall remove 
the person from office. A person appointed under this part may be 
removed by the Secretary if the Secretary determines that the person's 
continued service would be detrimental to the purposes of the Act.
0
36. Add Sec.  1230.59, to read as follows:


Sec.  1230.59   Removal.

    If the Secretary determines that any person appointed under this 
part fails or refuses to perform his or her duties properly or engages 
in acts of dishonesty or willful misconduct, the Secretary shall remove 
the person from office. A person appointed under this part or any 
employee of the Board may be removed by the Secretary if the Secretary 
determines that the person's continued service would be detrimental to 
the purposes of the Act.

PART 1250--EGG RESEARCH AND PROMOTION

0
37. The authority citation for 7 CFR part 1250 continues to read as 
follows:

    Authority: 7 U.S.C. 2701-2718 and 7 U.S.C. 7401.

0
38. Add Sec.  1250.511 under the undesignated section heading 
``General'' in Subpart--Rules and Regulations to read as follows:


Sec.  1250.511   Removal.

    If the Secretary determines that any person appointed under this 
part fails or refuses to perform his or her duties properly or engages 
in acts of dishonesty or willful misconduct, the Secretary shall remove 
the person from office. A person appointed under this part or any 
employee of the Board may be removed by the Secretary if the Secretary 
determines that the person's continued service would be detrimental to 
the purposes of the Act.

PART 1260--BEEF PROMOTION AND RESEARCH

0
39. 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
40. Revise Sec.  1260.213 to read as follows:


Sec.  1260.213   Removal.

    If the Secretary determines that any person appointed under this 
part fails or refuses to perform his or her duties properly or engages 
in acts of dishonesty or willful misconduct, the Secretary shall remove 
the person from office. A person appointed under this part or any 
employee of the Board or Committee may be removed by the Secretary if 
the Secretary determines that the person's continued service would be 
detrimental to the purposes of the Act.

    Dated: November 16, 2016.
Elanor Starmer,
Administrator, Agricultural Marketing Service.
[FR Doc. 2016-28050 Filed 11-22-16; 8:45 am]
 BILLING CODE 3410-02-P



                                                    84510             Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Proposed Rules

                                                      Dated: November 18, 2016.                             be made public on the internet at the                 challenge to the provision of the Beef
                                                    Elanor Starmer,                                         address provided above.                               Promotion and Research Act of 1985.
                                                    Administrator, Agricultural Marketing                   FOR FURTHER INFORMATION CONTACT:
                                                    Service.                                                                                                      Executive Order 12866 and Executive
                                                                                                            Laurel L. May, Senior Marketing                       Order 13563
                                                    [FR Doc. 2016–28259 Filed 11–22–16; 8:45 am]
                                                                                                            Specialist, USDA/AMS/Dairy Program,
                                                    BILLING CODE 3410–02–P                                  telephone 202–690–1366, or email                         USDA is issuing this proposed rule in
                                                                                                            Laurel.May@ams.usda.gov; or Whitney                   conformance with Executive Orders
                                                                                                            Rick, Director; Promotion, Research, and              12866 and 13563. Executive Orders
                                                    DEPARTMENT OF AGRICULTURE                               Planning Division; USDA/AMS/Dairy                     12866 and 13563 direct agencies to
                                                    Agricultural Marketing Service                          Program; telephone 202–720–6961; or                   assess all costs and benefits of available
                                                                                                            email Whitney.Rick@ams.usda.gov.                      regulatory alternatives and, if regulation
                                                    7 CFR Parts 1150, 1160, 1205, 1206,                     SUPPLEMENTARY INFORMATION:      This                  is necessary, to select regulatory
                                                    1207, 1208, 1209, 1210, 1212, 1214,                     proposed rule is issued under 19 of the               approaches that maximize net benefits
                                                    1215, 1216, 1217, 1218, 1219, 1222,                     commodity research and promotion                      (including potential economic,
                                                    1230, 1250, and 1260                                    orders established under the following                environmental, public health, and safety
                                                                                                            acts: Beef Promotion and Research Act                 effects, distributive impacts, and
                                                    [Document Number AMS–DA–16–0101]                                                                              equity). Executive Order 13563
                                                                                                            of 1985 (7 U.S.C. 2901–2911);
                                                                                                            Commodity Promotion, Research, and                    emphasizes the importance of
                                                    Provisions for Removing Commodity
                                                                                                            Information Act of 1996 (7 U.S.C. 7411–               quantifying both costs and benefits,
                                                    Research and Promotion Board
                                                                                                            7425); Cotton Research and Promotion                  reducing costs, harmonizing rules, and
                                                    Members and Staff
                                                                                                            Act of 1966 (7 U.S.C. 2101–2118); Dairy               promoting flexibility. This action has
                                                    AGENCY:  Agricultural Marketing Service,                Production Stabilization Act of 1983 (7               been designated as a ‘‘non-significant
                                                    USDA.                                                   U.S.C. 4501–4514); Egg Research and                   regulatory action’’ under section 3(f) of
                                                    ACTION: Proposed rule.                                  Consumer Information Act of 1974 (7                   Executive Order 12866. Accordingly,
                                                                                                            U.S.C. 2701–2718); Fluid Milk                         the Office of Management and Budget
                                                    SUMMARY:   This proposal would amend                    Promotion Act of 1990 (7 U.S.C. 6401–                 has waived the review process.
                                                    the research and promotion orders—or                    6417); Hass Avocado Promotion,
                                                    the regulations under the orders—                       Research, and Information Act of 2000                 Executive Order 13175
                                                    overseen by the Agricultural Marketing                  (U.S.C. 7801–7813); Mushroom                            This proposed rule has been reviewed
                                                    Service (AMS) to provide uniform                        Promotion, Research, and Consumer                     in accordance with the requirements of
                                                    authority for the removal of board                      Information Act of 1990 (7 U.S.C. 6101–               Executive Order 13175, Consultation
                                                    members and staff who fail to perform                   6112); Popcorn Promotion, Research,                   and Coordination with Indian Tribal
                                                    their duties or who engage in dishonest                 and Consumer Information Act of 1996
                                                    actions or willful misconduct. The                                                                            Governments. The review reveals that
                                                                                                            (7 U.S.C. 7481–7491); Pork Promotion,
                                                    removal provisions in 13 of the orders                                                                        this regulation would not have
                                                                                                            Research, and Consumer Information
                                                    would be modified to allow the U.S.                                                                           substantial and direct effects on Tribal
                                                                                                            Act of 1985 (7 U.S.C. 4801–4819); Potato
                                                    Department of Agriculture (USDA) to                                                                           governments and would not have
                                                                                                            Research and Promotion Act of 1971 (7
                                                    take action necessary to ensure the                                                                           significant Tribal implications.
                                                                                                            U.S.C. 2611–2627); and Watermelon
                                                    boards can continue to fulfill their                    Research and Promotion Act (7 U.S.C.                  Executive Order 12988
                                                    intended purposes with minimal                          4901–4916). These acts are collectively
                                                    disruption. Removal provisions would                    referred to as ‘‘commodity research and               Beef Promotion and Research Act of
                                                    be added to the six orders that do not                  promotion laws’’ or ‘‘acts.’’                         1985
                                                    currently provide for such action.                         The preceding acts provide that                      This proposed rule has been reviewed
                                                    DATES: Comments must be received by                     administrative proceedings must be                    under Executive Order 12988, Civil
                                                    December 8, 2016.                                       exhausted before parties may file suit in             Justice Reform. It is not intended to
                                                    ADDRESSES: Interested persons are                       court. Under those acts, any person                   have retroactive effect. Section 11 of the
                                                    invited to submit written comments                      subject to an order may file a petition               Beef Promotion and Research Act of
                                                    concerning this proposed rule.                          with the Secretary of Agriculture                     1985 (7 U.S.C. 2910) provides that it
                                                    Comments may be submitted on the                        (Secretary) stating that the order, any               shall not preempt or supersede any
                                                    internet at: http://www.regulations.gov.                provision of the order, or any obligation             other program relating to beef
                                                    Written comments may also be sent to                    imposed in connection with the order is               promotion organized and operated
                                                    Laurel L. May, Senior Marketing                         not in accordance with laws and request
                                                                                                                                                                  under the laws of the United States or
                                                    Specialist, Order Formulation and                       a modification of the order or to be
                                                                                                                                                                  any State.
                                                    Enforcement Division, USDA/AMS/                         exempted therefrom. The petitioner is
                                                    Dairy Program, 1400 Independence                        afforded the opportunity for a hearing                Commodity Promotion, Research, and
                                                    Avenue SW., Room 2967–S—Stop 0231,                      on the petition. After the hearing, the               Information Act of 1996
                                                    Washington, DC 20250–0231; facsimile:                   Secretary will make a ruling on the
                                                    202–690–0552. All comments should                       petition. The acts provide that the                     This proposed rule has been reviewed
                                                    reference the document number and the                   district courts of the United States in               under Executive Order 12988, Civil
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    date and page number of this issue of                   any district in which the person is an                Justice Reform. It is not intended to
                                                    the Federal Register, and will be made                  inhabitant, or has his or her principal               have retroactive effect. Section 524 of
                                                    available for public inspection in the                  place of business, has the jurisdiction to            the Commodity Promotion, Research,
                                                    above office during regular business                    review the Secretary’s rule, provided a               and Information Act of 1996 (7 U.S.C.
                                                    hours, or may be viewed at: http://                     complaint is filed within 20 days from                7423) provides that it shall not affect or
                                                    www.regluations.gov. Please be advised                  the date of the entry of the ruling. There            preempt any other Federal or State law
                                                    that the identity of the individuals or                 are no administrative proceedings that                authorizing promotion or research
                                                    entities submitting the comments will                   must be exhausted prior to any judicial               relating to an agricultural commodity.


                                               VerDate Sep<11>2014   16:51 Nov 22, 2016   Jkt 241001   PO 00000   Frm 00005   Fmt 4702   Sfmt 4702   E:\FR\FM\23NOP1.SGM   23NOP1


                                                                      Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Proposed Rules                                            84511

                                                    Cotton Research and Promotion Act of                    Popcorn Promotion, Research, and                      as necessary to preserve program
                                                    1966                                                    Consumer Information Act of 1996                      integrity.
                                                                                                                                                                     Currently, 16 of AMS’s 22 research
                                                      This proposed rule has been reviewed                    This proposed rule has been reviewed
                                                                                                                                                                  and promotion programs specify
                                                    under Executive Order 12988, Civil                      under Executive Order 12988, Civil                    provisions for removing board and
                                                    Justice Reform. The proposed rule is not                Justice Reform. It is not intended to                 council members or their staff
                                                    intended to have retroactive effect.                    have retroactive effect. Section 580 of               employees when they are unwilling or
                                                                                                            the Popcorn Promotion, Research, and                  unable to perform their duties properly
                                                    Dairy Production Stabilization Act of                   Information Act of 1996 (7 U.S.C. 7489)
                                                    1983                                                                                                          or when they engage in prohibited or
                                                                                                            provides that nothing in this Act may be              illegal activities or other willful
                                                      This proposed rule has been reviewed                  construed to preempt or supersede any                 misconduct. Some of the programs
                                                    under Executive Order 12988, Civil                      program relating to popcorn promotion                 require the board or council to first
                                                    Justice Reform. The proposed rule is not                organized and operated under the laws                 make a recommendation for removal to
                                                    intended to have retroactive effect.                    of the United States or of a State.                   the Secretary, who then determines
                                                    Section 1221 of the Dairy Production                    Potato Research and Promotion Act of                  whether such action is appropriate. Six
                                                    Stabilization Act of 1983 provides that                 1971                                                  of the programs include no removal
                                                    nothing in this Act may be construed to                                                                       provisions.
                                                    preempt or superseded any other                           This proposed rule has been reviewed                   The need to remove board and
                                                    program relating to dairy product                       under Executive Order 12988, Civil                    council members and staff from service
                                                    promotion organized and operated                        Justice Reform. It is not intended to                 is infrequent; but situations do arise that
                                                    under the laws of the United States or                  have retroactive effect.                              require immediate AMS action to ensure
                                                    any State.                                              Pork Promotion, Research, and                         program integrity is maintained and to
                                                                                                            Consumer Information Act of 1985                      mitigate damage from illegal or
                                                    Egg Research and Consumer                                                                                     inappropriate behavior. Examples of
                                                    Information Act of 1974                                   This proposed rule has been reviewed                such situations include, but are not
                                                                                                            under Executive Order 12988, Civil                    limited to, those occasions when board
                                                      This proposed rule has been reviewed
                                                                                                            Justice Reform. It is not intended to                 or council members find that they
                                                    under Executive Order 12988, Civil
                                                                                                            have retroactive effect. Section 1628 of              cannot commit enough time to board or
                                                    Justice Reform. The proposed rule is not
                                                                                                            the Pork Promotion, Research, and                     council business and are unable to
                                                    intended to have retroactive effect.
                                                                                                            Consumer Information Act of 1985 (7                   consistently attend meetings or fulfill
                                                    Fluid Milk Promotion Act of 1990                        U.S.C. 4817) states that the statute is               program assignments. In such cases, it
                                                                                                            intended to occupy the field of                       may be difficult for the board or council
                                                      This proposed rule has been reviewed                  promotion and consumer education
                                                    under Executive Order 12988, Civil                                                                            to meet quorum requirements or make
                                                                                                            involving pork and pork products and of               urgent business decisions. In other
                                                    Justice Reform. The proposed rule is not                obtaining funds thereof from pork                     situations, board or council members or
                                                    intended to have retroactive effect.                    producers. The regulation of such                     their employees might violate program
                                                    Hass Avocado Promotion, Research,                       activity (other than a regulation or                  policies regarding lobbying and
                                                    and Information Act of 2000                             requirements relating to a matter of                  influencing government action or policy
                                                                                                            public health or the provision of State               or violate anti-discrimination, anti-
                                                      This proposed rule has been reviewed                  or local funds for such activity) that is             harassment, or anti-trust laws, all of
                                                    under Executive Order 12988, Civil                      in addition to or different from the Pork             which impede program integrity and the
                                                    Justice Reform. It is not intended to                   Act may not be imposed by a State.                    ability to conduct normal business.
                                                    have retroactive effect. Section 1212(c)                                                                      Board or council members or their
                                                    of the Hass Avocado Promotion,                          Watermelon Research and Promotion
                                                                                                            Act                                                   employees might mishandle program
                                                    Research, and Information Act of 2000                                                                         funds or commit other dishonest acts
                                                    (7 U.S.C. 7811) provides that nothing in                  This proposed rule has been reviewed                injurious to all program participants. In
                                                    this Act may be construed to preempt or                 under Executive Order 12988, Civil                    each case, the Secretary must have the
                                                    supersede any program relating to Hass                  Justice Reform. It is not intended to                 ability to initiate removal actions,
                                                    avocado promotion, research, industry                   have retroactive effect.                              applying consistent criteria and
                                                    information, and consumer information                                                                         procedures across all programs.
                                                    organized and operated under the laws                   Proposed Rule
                                                                                                                                                                  Improved AMS oversight would ensure
                                                    of the United States or of a State.                        USDA is proposing amendments to                    these industry boards and councils can
                                                    Mushroom Promotion, Research, and                       the orders and/or rules and regulations               continue to fulfill their appointed
                                                    Consumer Information Act of 1990                        for 19 of the 22 national commodity                   purposes.
                                                                                                            research and promotion programs                          Currently, three of AMS’s research
                                                      This proposed rule has been reviewed                  overseen by AMS. Each of the programs                 and promotion orders (for soybeans,
                                                    under Executive Order 12988, Civil                      is administered by a board or council                 sorghum, and lamb) contain identical
                                                    Justice Reform. It is not intended to                   comprised of industry stakeholders,                   language related to removing board and
                                                    have retroactive effect. Section 1930 of                who are appointed by the Secretary to                 council members and staff that would
                                                    the Mushroom Promotion, Research,                       chart the course of the promotion and                 be appropriate for use in the other 19
                                                    and Information Act of 1990 (7 U.S.C.                   research activities undertaken by each                programs. The language authorizes the
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    6109) provides that nothing in this Act                 commodity research and promotion                      Secretary to initiate removal action
                                                    may be construed to preempt or                          program. The boards and councils hire                 against any person (board or council
                                                    supersede any program relating to                       staffs to carry out the day-to-day                    member or employee) for failure or
                                                    mushroom promotion, research,                           business operations of the programs.                  refusal to perform his or her duties
                                                    industry information, and consumer                      The proposed amendments would                         properly or for engaging in acts of
                                                    information organized and operated                      establish uniform provisions across all               dishonesty or willful misconduct. The
                                                    under the laws of the United States or                  the programs for removing board and                   Secretary is authorized to remove that
                                                    of a State.                                             council members and their employees                   person if the he or she determines that


                                               VerDate Sep<11>2014   16:51 Nov 22, 2016   Jkt 241001   PO 00000   Frm 00006   Fmt 4702   Sfmt 4702   E:\FR\FM\23NOP1.SGM   23NOP1


                                                    84512                  Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Proposed Rules

                                                    person’s continued service would be                                 provisions with the language used in the                            action when necessary to preserve
                                                    detrimental to the purposes of the act                              soybean, sorghum, and lamb orders, to                               program integrity. Specifically, the
                                                    under which the program is established.                             provide identical authority for the                                 following sections in each order would
                                                      This proposed rule would amend 11                                 Secretary to take appropriate removal                               be amended:
                                                    of the orders by replacing current

                                                    Mango Promotion, Research, and Information Order ....................................................................................................             § 1206.33(b).
                                                    Processed Raspberry Promotion, Research, and Information Order ............................................................................                       § 1208.43(b).
                                                    Mushroom Promotion, Research, and Consumer Information Order ............................................................................                         § 1209.35(c).
                                                    Honey Packers and Importers Research, Promotion, Education and Information Order ..............................................                                   § 1212.43(b).
                                                    Christmas Tree Promotion, Research, and Information Order ......................................................................................                  § 1214.43(b).
                                                    Popcorn Promotion, Research, and Consumer Information Order ................................................................................                      § 1215.26.
                                                    Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order .................................                                         § 1217.43(b).
                                                    Blueberry Promotion, Research and Information Order .................................................................................................             § 1218.43(b).
                                                    Paper and Paper-Based Packaging Promotion, Research, and Information Order ......................................................                                 § 1222.43(a).
                                                    Pork Promotion, Research, and Consumer Information Order ......................................................................................                   §§ 1230.35 and 1230.55.
                                                    Beef Promotion and Research Order .............................................................................................................................   § 1260.213.



                                                      Additionally, this proposed rule                                  the orders for soybeans, sorghum, and                               action when necessary to preserve
                                                    would suspend the current removal                                   lamb, would be added to the rules and                               program integrity. Specifically, new
                                                    authority under two orders. The                                     regulations under the three orders to                               regulations would be added to replace
                                                    language proposed for use in all the                                provide identical authority for the                                 language suspended in the following
                                                    other orders, as currently provided in                              Secretary to take appropriate removal                               sections:

                                                    Watermelon Research and Promotion Plan ...................................................................................................................        § 1210.324(b)
                                                    Hass Avocado Promotion, Research and Information Order .........................................................................................                  § 1219.36(b)



                                                      Finally, this proposed rule would add                             use in all the other orders, as currently                           action when necessary to preserve
                                                    removal authority to the six orders or                              provided in the orders for soybeans,                                program integrity. Specifically, removal
                                                    the rules and regulations under the                                 sorghum, and lamb, would be added to                                language would be added to each of the
                                                    orders that do not currently specify such                           provide identical authority for the                                 following:
                                                    provisions. The language proposed for                               Secretary to take appropriate removal

                                                    Dairy Promotion and Research Order ............................................................................................................................   § 1150.136.
                                                    National Fluid Milk Processor Promotion Order .............................................................................................................       § 1160.25.
                                                    Cotton Research and Promotion—Cotton Board Rules and Regulations .....................................................................                            § 1205.506 (new).
                                                    Potato Research and Promotion Plan ............................................................................................................................   § 1207.324.
                                                    Peanut Promotion, Research, and Information Order ....................................................................................................            § 1216.44.
                                                    Egg Research and Promotion Order ..............................................................................................................................   § 1250.331.



                                                       This proposed rule is intended to                                Initial Regulatory Flexibility Act                                  issued thereunder, are uniquely brought
                                                    strengthen AMS’s oversight of the                                   Analysis                                                            about through group action of
                                                    commodity research and promotion                                       In accordance with the Regulatory                                essentially small entities acting on their
                                                    programs to protect the interests of the                            Flexibility Act (RFA) (5 U.S.C. 601–                                own behalf. The boards and councils
                                                    regulated industries. The proposed                                  612), AMS is required to examine the                                that administer the programs are largely
                                                    removal language to be applied to all of                            impact of this proposed rule on small                               comprised of producers, handlers,
                                                    the orders would not preclude the                                   entities. The purpose of the RFA is to                              processors, manufacturers, and
                                                    ability of the boards or councils to                                fit regulatory actions to the scale of                              importers of the regulated commodities,
                                                    initiate action to remove members if                                businesses subject to such actions in                               who are nominated by their industries
                                                    they become aware of situations                                     order that small businesses will not be                             and selected by the Secretary to
                                                    requiring such action. Nevertheless,                                unduly or disproportionately burdened.                              recommend, plan, and conduct generic
                                                    board or council recommendations                                    Accordingly, AMS has considered the                                 promotion and research projects that
                                                                                                                        economic impact of this action on small                             will benefit all industry members,
                                                    regarding removals would not be
                                                                                                                        entities and has prepared this initial                              regardless of size.
                                                    required for AMS to take action, as they
                                                                                                                        regulatory flexibility analysis.                                       In most cases, board and council
                                                    currently are under some of the orders.
                                                                                                                           Small agricultural service firms are                             members are nominated by their peers
                                                    AMS would be able to take immediate
                                                                                                                        defined by the Small Business                                       in specific regions or states where the
                                                    action to investigate possible violations                                                                                               commodity is produced to represent
                                                                                                                        Administration (SBA) as those having
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    of order provisions, policies, and laws                                                                                                 those areas. Some programs may
                                                                                                                        annual receipts of less than $7,000,000,
                                                    without waiting for a formal request to                             and small agricultural producers are                                provide for board or council
                                                    do so from the board or council. AMS                                defined as those having annual receipts                             representation according to the
                                                    would also be able to apply consistent                              of less than $750,000 (13 CFR 121.201).                             member’s production volume. Every
                                                    criteria for board or council member                                   Research and promotion programs                                  effort is made to ensure that boards and
                                                    removal across all the programs as                                  established under the various                                       councils are composed of diverse
                                                    necessary to ensure program integrity.                              commodity research and promotion                                    members of all business sizes in order
                                                                                                                        acts, and the rules and regulations                                 to assure proper representation of all


                                               VerDate Sep<11>2014       16:51 Nov 22, 2016      Jkt 241001     PO 00000      Frm 00007      Fmt 4702     Sfmt 4702     E:\FR\FM\23NOP1.SGM           23NOP1


                                                                      Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Proposed Rules                                          84513

                                                    segments of the regulated industries.                   duplication by industry and public                    7 CFR Part 1208
                                                    Thus, across the 19 boards and councils                 sector agencies. In addition, USDA has                  Administrative practice and
                                                    that would be affected by this proposed                 not identified any relevant Federal rules             procedure, Advertising, Consumer
                                                    rule, there are any number of large or                  that duplicate, overlap, or conflict with             information, Marketing agreements,
                                                    small entities serving as members at any                this rule.                                            Raspberry promotion, Reporting and
                                                    one time.                                                 AMS is committed to complying with                  recordkeeping requirements.
                                                      This rule is intended to facilitate the               the E-Government act, to promote the
                                                    removal of individual board and council                                                                       7 CRF Part 1209
                                                                                                            use of the internet and other
                                                    members, or employees of the boards                     information technologies to provide                     Administrative practice and
                                                    and councils, who are no longer able to                 increased opportunities for citizen                   procedure, Advertising, Agricultural
                                                    perform their duties or who have                        access to Government information and                  research, Imports, Mushrooms,
                                                    engaged in dishonest acts or other                      services, and for other purposes.                     Reporting and recordkeeping
                                                    willful misconduct. The proposed                                                                              requirements.
                                                    removal criteria and procedures would                     Interested persons are invited to
                                                    pertain to the removal of any board or                  submit comments on this proposed rule,                7 CRF Part 1210
                                                    council member, regardless of the size                  including the regulatory and                            Administrative practice and
                                                    of the business entity they represent, or               informational impacts of this action on               procedure, Advertising, Agricultural
                                                    any employee of the boards or councils,                 small businesses.                                     research, Reporting and recordkeeping
                                                    whose continued service would be                          While this proposed rule has not                    requirements, Watermelons.
                                                    detrimental to the programs.                            received the approval of USDA, it has
                                                      No negative or disproportionate                                                                             7 CFR Part 1212
                                                                                                            been determined that it is consistent
                                                    impacts on large or small entities are                  with and would effectuate the purposes                  Administrative practice and
                                                    anticipated in connection with this                     of the Commodity Promotion, Research,                 procedure, Advertising, Consumer
                                                    proposed rule. The positive impacts,                    and Information Act of 1996, for the                  education, Honey and honey products,
                                                    which are expected to accrue to all                     programs to which the Act is applicable.              Marketing agreements, Promotion,
                                                    industry members, both large and small,                   A 15-day comment period for the                     Reporting and recordkeeping
                                                    are improved AMS oversight of the                       proposed rule is provided to allow                    requirements.
                                                    commodity research and promotion                        interested persons to submit written                  7 CFR Part 1214
                                                    programs and the improved integrity                     comments on the proposed changes to
                                                    and effectiveness of those programs,                                                                            Administrative practice and
                                                                                                            the provisions for removing research                  procedure, Advertising, Christmas trees,
                                                    which are designed to benefit all                       and promotion board and council
                                                    commodity producers, handlers,                                                                                promotion, Consumer information,
                                                                                                            members, or board and council                         Marketing agreements, Reporting and
                                                    importers, and consumers, regardless of
                                                                                                            employees, from service. All comments                 recordkeeping requirements.
                                                    size.
                                                                                                            timely received will be considered
                                                      AMS considered alternatives to this                                                                         7 CFR Part 1215
                                                    proposed rule, including variations to                  before a final determination is made on
                                                    the removal provision language to be                    this matter.                                            Administrative practice and
                                                    applied to all the orders, or doing                     List of Subjects                                      procedure, Advertising, Agricultural
                                                    nothing at all. After consideration, AMS                                                                      research, Popcorn, Reporting and
                                                    opted to propose the provision language                 7 CFR Part 1150                                       recordkeeping requirements.
                                                    that would give the boards, councils,                     Administrative practice and                         7 CFR Part 1216
                                                    and the Secretary the ability to initiate               procedure, Dairy products, Reporting
                                                    and carry out removal proceedings                                                                               Administrative practice and
                                                                                                            and recordkeeping requirements,                       procedure, Advertising, Agricultural
                                                    when necessary. The proposal would                      Research.
                                                    also allow AMS to apply uniform                                                                               research, Peanuts, Reporting and
                                                    oversight across all programs. In this                  7 CFR Part 1160                                       recordkeeping requirements.
                                                    way, AMS would be able to provide                         Administrative practice and                         7 CFR Part 1217
                                                    more effective oversight of the 22
                                                                                                            procedure, Fluid milk products,                         Administrative practice and
                                                    commodity research and promotion
                                                                                                            Promotion, Reporting and                              procedure, Advertising, Consumer
                                                    programs.
                                                      This proposed rule would not impose                   recordkeeping requirements.                           Information, Marketing agreements,
                                                    any additional reporting or                                                                                   Promotion, Reporting and
                                                                                                            7 CFR Part 1205
                                                    recordkeeping requirements on either                                                                          recordkeeping requirements, Softwood
                                                    small or large entities. In accordance                    Administrative practice and                         lumber.
                                                    with the Paperwork Reduction Act of                     procedure, Advertising, Agricultural                  7 CFR Part 1218
                                                    1995 (44 U.S.C. Chapter 35), the                        research, Cotton, Reporting and
                                                                                                            recordkeeping requirements.                             Administrative practice and
                                                    information collection requirements of                                                                        procedure, Advertising, Agricultural
                                                    the 19 affected commodity research and                  7 CFR Part 1206                                       research, Blueberries, Reporting and
                                                    promotion programs (7 CFR parts 1150,                                                                         recordkeeping requirements.
                                                    1160, 1205, 1206, 1207, 1208, 1209,                       Administrative practice and
                                                    1210, 1212, 1214, 1215, 1216, 1217,                     procedure, Advertising, Agricultural                  7 CFR Part 1219
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    1218, 1219, 1222, 1230, 1250, and 1260)                 research, Mango, Marketing agreements,                  Administrative practice and
                                                    have previously been approved by the                    Reporting and recordkeeping                           procedure, Advertising, Agricultural
                                                    Office of Management and Budget                         requirements.                                         research, Hass avocados, Reporting and
                                                    (OMB) under those orders. All reports                   7 CFR Part 1207                                       recordkeeping requirements.
                                                    and forms used in the AMS research
                                                    and promotion programs are                                Advertising, Agricultural research,                 7 CFR Part 1222
                                                    periodically reviewed to reduce                         Imports, Potatoes, Reporting and                        Administrative practice and
                                                    information requirements and                            recordkeeping requirements.                           procedure, Advertising, Consumer


                                               VerDate Sep<11>2014   16:51 Nov 22, 2016   Jkt 241001   PO 00000   Frm 00008   Fmt 4702   Sfmt 4702   E:\FR\FM\23NOP1.SGM   23NOP1


                                                    84514               Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Proposed Rules

                                                    information, Marketing agreements,                       add a new paragraph (b) to read as                    PART 1207—POTATO RESEARCH
                                                    Paper and paper-based packaging                          follows:                                              AND PROMOTION PLAN
                                                    promotion, Reporting and
                                                    recordkeeping requirements.                              § 1160.205    Vacancies.                              ■ 9. The authority citation for 7 CFR
                                                                                                             *      *      *    *     *                            part 1207 continues to read as follows:
                                                    7 CFR Part 1230                                             (b) If the Secretary determines that                 Authority: 7 U.S.C. 2611–2627 and 7
                                                      Administrative practice and                            any person appointed under this part                  U.S.C. 7401.
                                                    procedure, Advertising, Agricultural                     fails or refuses to perform his or her
                                                    research, Marketing agreements, Pork                                                                           ■ 10. In § 1207.324, redesignate the
                                                                                                             duties properly or engages in acts of
                                                    and pork products, Reporting and                                                                               introductory text as paragraph (a), and
                                                                                                             dishonesty or willful misconduct, the
                                                    recordkeeping requirements.                                                                                    add a new paragraph (b) to read as
                                                                                                             Secretary shall remove the person from
                                                                                                                                                                   follows:
                                                    7 CFR Part 1250                                          office. A person appointed under this
                                                                                                             part or any employee of the Board may                 § 1207.324    Vacancies.
                                                      Administrative practice and                            be removed by the Secretary if the                    *      *      *    *     *
                                                    procedure, Advertising, Agricultural                     Secretary determines that the person’s
                                                    research, Eggs and egg products,                                                                                  (b) If the Secretary determines that
                                                                                                             continued service would be detrimental                any person appointed under this part
                                                    Reporting and recordkeeping                              to the purposes of the Act.
                                                    requirements.                                                                                                  fails or refuses to perform his or her
                                                                                                                                                                   duties properly or engages in acts of
                                                                                                             PART 1205—COTTON RESEARCH
                                                    7 CFR Part 1260                                                                                                dishonesty or willful misconduct, the
                                                                                                             AND PROMOTION
                                                      Administrative practice and                                                                                  Secretary shall remove the person from
                                                    procedure, Advertising, Agricultural                     ■ 5. The authority citation for 7 CFR                 office. A person appointed under this
                                                    research, Imports, Marketing                             part 1205 continues to read as follows:               part or any employee of the Board may
                                                    agreements, Meat and meat products,                          Authority: 7 U.S.C. 2101–2118.
                                                                                                                                                                   be removed by the Secretary if the
                                                    Reporting and recordkeeping                                                                                    Secretary determines that the person’s
                                                    requirements.                                            ■ 6. Add § 1205.506 under the                         continued service would be detrimental
                                                                                                             undesignated center heading ‘‘General’’               to the purposes of the Act.
                                                      For the reasons set forth in the
                                                                                                             in the Subpart—Cotton Board Rules and
                                                    preamble, 7 CFR parts 1150, 1160, 1205,                                                                        PART 1208—PROCESSED
                                                                                                             Regulations to read as follows:
                                                    1206, 1207, 1208, 1209, 1210, 1212,                                                                            RASPBERRY PROMOTION,
                                                    1214, 1215, 1216, 1217, 1218, 1219,                      § 1205.506    Removal.                                RESEARCH, AND INFORMATION
                                                    1222, 1230, 1250, and 1260 are                             If the Secretary determines that any                ORDER
                                                    proposed to be amended as follows:                       person appointed under this part fails or
                                                                                                             refuses to perform his or her duties                  ■ 11. The authority citation for 7 CFR
                                                    PART 1150—DAIRY PROMOTION                                                                                      part 1208 continues to read as follows:
                                                    PROGRAM                                                  properly or engages in acts of
                                                                                                             dishonesty or willful misconduct, the                   Authority: 7 U.S.C. 7411–7425; 7 U.S.C.
                                                    ■ 1. The authority citation for 7 CFR                    Secretary shall remove the person from                7404.
                                                    part 1150 continues to read as follows:                  office. A person appointed under this                 ■ 12. In § 1208.43, revise paragraph (b)
                                                      Authority: 7 U.S.C. 4501–4514 and 7
                                                                                                             part or any employee of the Board may                 to read as follows:
                                                    U.S.C. 7401.                                             be removed by the Secretary if the
                                                                                                             Secretary determines that the person’s                § 1208.43    Vacancies.
                                                    ■ 2. In § 1150.136, redesignate the                      continued service would be detrimental                *      *      *    *     *
                                                    introductory text as paragraph (a), and                  to the purposes of the Act.                              (b) If the Secretary determines that
                                                    add a new paragraph (b) to read as
                                                                                                                                                                   any person appointed under this part
                                                    follows:                                                 PART 1206—MANGO PROMOTION,                            fails or refuses to perform his or her
                                                    § 1150.136       Vacancies.
                                                                                                             RESEARCH, AND INFORMATION                             duties properly or engages in acts of
                                                    *      *      *    *     *                               ■ 7. The authority citation for 7 CFR                 dishonesty or willful misconduct, the
                                                       (b) If the Secretary determines that                  part 1206 continues to read as follows:               Secretary shall remove the person from
                                                    any person appointed under this part                                                                           office. A person appointed under this
                                                                                                               Authority: 7 U.S.C. 7411–7425 and 7                 part or any employee of the Council
                                                    fails or refuses to perform his or her                   U.S.C. 7401.
                                                    duties properly or engages in acts of                                                                          may be removed by the Secretary if the
                                                    dishonesty or willful misconduct, the                    ■ 8. In § 1206.33, revise paragraph (b) to            Secretary determines that the person’s
                                                    Secretary shall remove the person from                   read as follows:                                      continued service would be detrimental
                                                    office. A person appointed under this                                                                          to the purposes of the Act.
                                                                                                             § 1206.33    Vacancies.
                                                    part or any employee of the Board may                                                                          *      *      *    *     *
                                                    be removed by the Secretary if the                       *      *      *    *     *
                                                    Secretary determines that the person’s                      (b) If the Secretary determines that               PART 1209—MUSHROOM
                                                    continued service would be detrimental                   any person appointed under this part                  PROMOTION, RESEARCH, AND
                                                    to the purposes of the Act.                              fails or refuses to perform his or her                CONSUMER INFORMATION ORDER
                                                                                                             duties properly or engages in acts of
                                                    PART 1160—FLUID MILK PROMOTION                           dishonesty or willful misconduct, the                 ■ 13. The authority citation for 7 CFR
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    PROGRAM                                                  Secretary shall remove the person from                part 1209 continues to read as follows:
                                                                                                             office. A person appointed under this                   Authority: 7 U.S.C. 6101–6112 and 7
                                                    ■ 3. The authority citation for 7 CFR                    part or any employee of the Board may                 U.S.C. 7401.
                                                    part 1160 continues to read as follows:                  be removed by the Secretary if the                    ■ 14. In § 1209.35, revise paragraph (c)
                                                      Authority: 7 U.S.C. 6401–6417 and 7                    Secretary determines that the person’s                to read as follows:
                                                    U.S.C. 7401.                                             continued service would be detrimental
                                                    ■ 4. In § 1160.205, redesignate the                      to the purposes of the Act.                           § 1209.35    Vacancies.
                                                    introductory text as paragraph (a), and                  *      *      *    *     *                            *        *   *     *       *


                                               VerDate Sep<11>2014    16:51 Nov 22, 2016   Jkt 241001   PO 00000   Frm 00009   Fmt 4702   Sfmt 4702   E:\FR\FM\23NOP1.SGM   23NOP1


                                                                        Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Proposed Rules                                             84515

                                                       (c) If the Secretary determines that                  PART 1214—CHRISTMAS TREE                              dishonesty or willful misconduct, the
                                                    any person appointed under this part                     PROMOTION, RESEARCH, AND                              Secretary shall remove the person from
                                                    fails or refuses to perform his or her                   INFORMATION ORDER                                     office. A person appointed under this
                                                    duties properly or engages in acts of                                                                          part or any employee of the Board may
                                                    dishonesty or willful misconduct, the                    ■ 20. The authority citation for 7 CFR                be removed by the Secretary if the
                                                    Secretary shall remove the person from                   part 1214 continues to read as follows:               Secretary determines that the person’s
                                                    office. A person appointed under this                      Authority: 7 U.S.C. 7411—7425; 7 U.S.C.             continued service would be detrimental
                                                    part or any employee of the Council                      7401.                                                 to the purposes of the Act.
                                                    may be removed by the Secretary if the                   ■ 21. In § 1214.43, revise paragraph (b)
                                                    Secretary determines that the person’s                                                                         PART 1217—SOFTWOOD LUMBER
                                                                                                             to read as follows:
                                                    continued service would be detrimental                                                                         RESEARCH, PROMOTION,
                                                    to the purposes of the Act.                              § 1214.43    Vacancies.                               CONSUMER EDUCATION, AND
                                                                                                             *      *      *    *     *                            INDUSTRY INFORMATION ORDER
                                                    PART 1210—WATERMELON                                        (b) If the Secretary determines that               ■ 26. The authority citation for 7 CFR
                                                    RESEARCH AND PROMOTION PLAN                              any person appointed under this part                  part 1217 continues to read as follows:
                                                                                                             fails or refuses to perform his or her
                                                    ■ 15. The authority citation for 7 CFR                                                                           Authority: 7 U.S.C. 7411–7425; 7 U.S.C.
                                                                                                             duties properly or engages in acts of                 7401.
                                                    part 1210 continues to read as follows:
                                                                                                             dishonesty or willful misconduct, the
                                                      Authority: 7 U.S.C. 4901–4916 and 7                    Secretary shall remove the person from                ■ 27. In § 1217.43, revise paragraph (b)
                                                    U.S.C. 7401.                                             office. A person appointed under this                 to read as follows:
                                                    ■ 16. In § 1210.324, suspend paragraph                   part or any employee of the Board may                 § 1217.43   Removal and Vacancies.
                                                    (b) indefinitely.                                        be removed by the Secretary if the
                                                                                                                                                                   *      *      *    *     *
                                                    ■ 17. Add § 1210.503 under the                           Secretary determines that the person’s                   (b) If the Secretary determines that
                                                    undesignated center heading ‘‘General’’                  continued service would be detrimental                any person appointed under this part
                                                    in Subpart C—Rules and Regulations to                    to the purposes of the Act.                           fails or refuses to perform his or her
                                                    read as follows:                                                                                               duties properly or engages in acts of
                                                                                                             PART 1215—POPCORN PROMOTION,
                                                                                                             RESEARCH, AND CONSUMER                                dishonesty or willful misconduct, the
                                                    § 1210.503       Removal.
                                                                                                             INFORMATION                                           Secretary shall remove the person from
                                                      If the Secretary determines that any                                                                         office. A person appointed under this
                                                    person appointed under this part fails or                ■ 22. The authority citation for 7 CFR                part or any employee of the Board may
                                                    refuses to perform his or her duties                     part 1215 continues to read as follows:               be removed by the Secretary if the
                                                    properly or engages in acts of                                                                                 Secretary determines that the person’s
                                                                                                               Authority: 7 U.S.C. 7481–7491 and 7
                                                    dishonesty or willful misconduct, the                    U.S.C. 7401.                                          continued service would be detrimental
                                                    Secretary shall remove the person from                                                                         to the purposes of the Act.
                                                    office. A person appointed under this                    ■ 23. Revise § 1215.26 to read as
                                                                                                             follows:                                              *      *      *    *     *
                                                    part or any employee of the Board may
                                                    be removed by the Secretary if the                       § 1215.26    Removal.                                 PART 1218—BLUEBERRY
                                                    Secretary determines that the person’s                                                                         PROMOTION, RESEARCH, AND
                                                                                                               If the Secretary determines that any
                                                    continued service would be detrimental                                                                         INFORMATION ORDER
                                                                                                             person appointed under this part fails or
                                                    to the purposes of the Act.
                                                                                                             refuses to perform his or her duties                  ■ 28. The authority citation for 7 CFR
                                                    PART 1212—HONEY PACKERS AND                              properly or engages in acts of                        part 1218 continues to read as follows:
                                                    IMPORTER RESEARCH, PROMOTION,                            dishonesty or willful misconduct, the                   Authority: 7 U.S.C. 7411–7425 and 7
                                                    CONSUMER EDUCATION AND                                   Secretary shall remove the person from                U.S.C. 7401.
                                                    INDUSTRY INFORMATION ORDER                               office. A person appointed under this
                                                                                                             part or any employee of the Board may                 ■ 28. In § 1218.43, revise paragraph (b)
                                                    ■ 18. The authority citation for 7 CFR                   be removed by the Secretary if the                    to read as follows:
                                                    part 1212 continues to read as follows:                  Secretary determines that the person’s                § 1218.43   Vacancies.
                                                      Authority: 7 U.S.C. 7411–7425; 7 U.S.C.                continued service would be detrimental                *      *      *    *     *
                                                    7401.                                                    to the purposes of the Act.                              (b) If the Secretary determines that
                                                    ■ 19. In § 1212.43, revise paragraph (b)                                                                       any person appointed under this part
                                                                                                             PART 1216—PEANUT PROMOTION,
                                                    to read as follows:                                                                                            fails or refuses to perform his or her
                                                                                                             RESEARCH, AND INFORMATION
                                                                                                                                                                   duties properly or engages in acts of
                                                    § 1212.43    Removal and Vacancies.
                                                                                                             ORDER                                                 dishonesty or willful misconduct, the
                                                    *      *      *    *     *                               ■ 24. The authority citation for 7 CFR                Secretary shall remove the person from
                                                       (b) If the Secretary determines that                  part 1216 continues to read as follows:               office. A person appointed under this
                                                    any person appointed under this part                       Authority: 7 U.S.C. 7411–7425 and 7
                                                                                                                                                                   part or any employee of the Council
                                                    fails or refuses to perform his or her                   U.S.C. 7401.                                          may be removed by the Secretary if the
                                                    duties properly or engages in acts of                                                                          Secretary determines that the person’s
                                                                                                             ■ 25. In § 1216.44, redesignate the                   continued service would be detrimental
                                                    dishonesty or willful misconduct, the
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                                                                             introductory text as paragraph (a), and               to the purposes of the Act.
                                                    Secretary shall remove the person from
                                                                                                             add paragraph (b) to read as follows:                 *      *      *    *     *
                                                    office. A person appointed under this
                                                    part or any employee of the Board may                    § 1216.44    Vacancies.
                                                    be removed by the Secretary if the                                                                             PART 1219—HASS AVOCADO
                                                                                                             *      *      *    *     *                            PROMOTION, RESEARCH, AND
                                                    Secretary determines that the person’s                      (b) If the Secretary determines that
                                                    continued service would be detrimental                                                                         INFORMATION
                                                                                                             any person appointed under this part
                                                    to the purposes of the Act.                              fails or refuses to perform his or her                ■ 29. The authority citation for 7 CFR
                                                    *      *      *    *     *                               duties properly or engages in acts of                 part 1219 continues to read as follows:


                                               VerDate Sep<11>2014    16:51 Nov 22, 2016   Jkt 241001   PO 00000   Frm 00010   Fmt 4702   Sfmt 4702   E:\FR\FM\23NOP1.SGM   23NOP1


                                                    84516               Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Proposed Rules

                                                      Authority: 7 U.S.C. 7801–7813 and U.S.C.               person’s continued service would be                     Dated: November 16, 2016.
                                                    7401.                                                    detrimental to the purposes of the Act.               Elanor Starmer,
                                                    ■ 30. In § 1219.36, suspend paragraph                    ■ 36. Add § 1230.59, to read as follows:              Administrator, Agricultural Marketing
                                                    (b) indefinitely.                                                                                              Service.
                                                    ■ 31. Add § 1219.204 under Subpart C—
                                                                                                             § 1230.59    Removal.
                                                                                                                                                                   [FR Doc. 2016–28050 Filed 11–22–16; 8:45 am]
                                                    Rules and Regulations to read as                           If the Secretary determines that any                BILLING CODE 3410–02–P
                                                    follows:                                                 person appointed under this part fails or
                                                                                                             refuses to perform his or her duties
                                                    § 1219.204       Removal.                                properly or engages in acts of                        DEPARTMENT OF HEALTH AND
                                                      If the Secretary determines that any                   dishonesty or willful misconduct, the                 HUMAN SERVICES
                                                    person appointed under this part fails or                Secretary shall remove the person from
                                                    refuses to perform his or her duties                     office. A person appointed under this                 Food and Drug Administration
                                                    properly or engages in acts of                           part or any employee of the Board may
                                                    dishonesty or willful misconduct, the                    be removed by the Secretary if the                    21 CFR Part 101
                                                    Secretary shall remove the person from                   Secretary determines that the person’s
                                                    office. A person appointed under this                                                                          [Docket No. FDA–2016–D–3401]
                                                                                                             continued service would be detrimental
                                                    part or any employee of the Board may                    to the purposes of the Act.
                                                    be removed by the Secretary if the                                                                             Scientific Evaluation of the Evidence
                                                    Secretary determines that the person’s                   PART 1250—EGG RESEARCH AND                            on the Beneficial Physiological Effects
                                                    continued service would be detrimental                   PROMOTION                                             of Isolated or Synthetic Non-Digestible
                                                    to the purposes of the Act.                                                                                    Carbohydrates Submitted as a Citizen
                                                                                                             ■ 37. The authority citation for 7 CFR                Petition; Draft Guidance for Industry;
                                                    PART 1222—PAPER AND PAPER-                               part 1250 continues to read as follows:               Availability
                                                    BASED PACKAGING PROMOTION,                                 Authority: 7 U.S.C. 2701–2718 and 7                 AGENCY:    Food and Drug Administration,
                                                    RESEARCH AND INFORMATION                                 U.S.C. 7401.                                          HHS.
                                                    ORDER
                                                                                                             ■ 38. Add § 1250.511 under the                        ACTION:   Notification of availability.
                                                    ■ 32. The authority citation for 7 CFR                   undesignated section heading ‘‘General’’
                                                    part 1222 continues to read as follows:                  in Subpart—Rules and Regulations to                   SUMMARY:   The Food and Drug
                                                                                                             read as follows:                                      Administration (FDA or we) is
                                                      Authority: 7 U.S.C. 7411–7425; 7 U.S.C.
                                                    7401.
                                                                                                                                                                   announcing the availability of a draft
                                                                                                             § 1250.511    Removal.                                guidance entitled ‘‘Scientific Evaluation
                                                    ■ 33. In § 1222.43, revise paragraph (a)                   If the Secretary determines that any                of the Evidence on the Beneficial
                                                    to read as follows:                                      person appointed under this part fails or             Physiological Effects of Isolated or
                                                    § 1222.43    Removal and vacancies.                      refuses to perform his or her duties                  Synthetic Non-digestible Carbohydrates
                                                                                                             properly or engages in acts of                        Submitted as a Citizen Petition (21 CFR
                                                       (a) If the Secretary determines that
                                                                                                             dishonesty or willful misconduct, the                 10.30).’’ The draft guidance, when
                                                    any person appointed under this part
                                                                                                             Secretary shall remove the person from                finalized, will describe our views on the
                                                    fails or refuses to perform his or her
                                                                                                             office. A person appointed under this                 scientific evidence needed and the
                                                    duties properly or engages in acts of
                                                                                                             part or any employee of the Board may                 approach to evaluating the scientific
                                                    dishonesty or willful misconduct, the
                                                                                                             be removed by the Secretary if the                    evidence on the physiological effects of
                                                    Secretary shall remove the person from
                                                                                                             Secretary determines that the person’s                isolated or synthetic non-digestible
                                                    office. A person appointed under this
                                                                                                             continued service would be detrimental                carbohydrates that are added to foods
                                                    part or any employee of the Board may
                                                                                                             to the purposes of the Act.                           that are beneficial to human health.
                                                    be removed by the Secretary if the
                                                    Secretary determines that the person’s                                                                         DATES: Although you can comment on
                                                                                                             PART 1260—BEEF PROMOTION AND                          any guidance at any time (see 21 CFR
                                                    continued service would be detrimental
                                                                                                             RESEARCH                                              10.115(g)(5)), to ensure that the Agency
                                                    to the purposes of the Act.
                                                                                                                                                                   considers your comment on the draft
                                                    *      *      *    *     *                               ■ 39. The authority citation for 7 CFR
                                                                                                                                                                   guidance before it begins work on the
                                                                                                             part 1260 continues to read as follows:
                                                    PART 1230—PORK PROMOTION,                                                                                      final version of the guidance, submit
                                                                                                               Authority: 7 U.S.C. 2901–2911 and 7                 either electronic or written comments
                                                    RESEARCH, AND CONSUMER                                   U.S.C. 7401.
                                                    INFORMATION                                                                                                    on this document by January 23, 2017.
                                                                                                             ■ 40. Revise § 1260.213 to read as                    ADDRESSES: You may submit comments
                                                    ■ 34. The authority citation for 7 CFR                   follows:                                              as follows:
                                                    part 1230 continues to read as follows:
                                                      Authority: 7 U.S.C. 4801–4819 and 7                    § 1260.213    Removal.                                Electronic Submissions
                                                    U.S.C. 7401.                                               If the Secretary determines that any                  Submit electronic comments in the
                                                    ■   35. Add § 1230.40, to read as follows:               person appointed under this part fails or             following way:
                                                                                                             refuses to perform his or her duties                    • Federal eRulemaking Portal: http://
                                                    § 1230.40    Removal.                                    properly or engages in acts of                        www.regulations.gov. Follow the
                                                      If the Secretary determines that any                   dishonesty or willful misconduct, the                 instructions for submitting comments.
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    person appointed under this part fails or                Secretary shall remove the person from                Comments submitted electronically,
                                                    refuses to perform his or her duties                     office. A person appointed under this                 including attachments, to http://
                                                    properly or engages in acts of                           part or any employee of the Board or                  www.regulations.gov will be posted to
                                                    dishonesty or willful misconduct, the                    Committee may be removed by the                       the docket unchanged. Because your
                                                    Secretary shall remove the person from                   Secretary if the Secretary determines                 comment will be made public, you are
                                                    office. A person appointed under this                    that the person’s continued service                   solely responsible for ensuring that your
                                                    part may be removed by the Secretary if                  would be detrimental to the purposes of               comment does not include any
                                                    the Secretary determines that the                        the Act.                                              confidential information that you or a


                                               VerDate Sep<11>2014    16:51 Nov 22, 2016   Jkt 241001   PO 00000   Frm 00011   Fmt 4702   Sfmt 4702   E:\FR\FM\23NOP1.SGM   23NOP1



Document Created: 2016-11-23 05:29:40
Document Modified: 2016-11-23 05:29:40
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 December 8, 2016.
ContactLaurel L. May, Senior Marketing Specialist, USDA/AMS/Dairy Program, telephone 202-690-1366, or email [email protected]; or Whitney Rick, Director; Promotion, Research, and Planning Division; USDA/AMS/Dairy Program; telephone 202- 720-6961; or email [email protected]
FR Citation81 FR 84510 
CFR Citation7 CFR 1150
7 CFR 1160
7 CFR 1205
7 CFR 1206
7 CFR 1207
7 CFR 1208
7 CFR 1209
7 CFR 1210
7 CFR 1212
7 CFR 1214
7 CFR 1215
7 CFR 1216
7 CFR 1217
7 CFR 1218
7 CFR 1219
7 CFR 1222
7 CFR 1230
7 CFR 1250
7 CFR 1260
CFR AssociatedAdministrative Practice and Procedure; Dairy Products; Reporting and Recordkeeping Requirements; Research; Fluid Milk Products; Promotion; Advertising; Agricultural Research; Cotton; Mango; Marketing Agreements; Imports; Potatoes; Consumer Information; Raspberry Promotion; Consumer Education; Honey and Honey Products; Christmas Trees; Promotion; Popcorn; Peanuts; Consumer Information; Softwood Lumber; Blueberries; Hass Avocados; Paper and Paper-Based Packaging Promotion; Pork and Pork Products; Eggs and Egg Products and Meat and Meat Products

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR