82 FR 18721 - Proposed California Federal Milk Marketing Order; Producer Ballots
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 82, Issue 76 (April 21, 2017)
Agricultural Marketing Service
Federal Register Volume 82, Issue 76 (April 21, 2017)
| Page Range | 18721-18722 | |
| FR Document | 2017-08033 |
[Federal Register Volume 82, Number 76 (Friday, April 21, 2017)] [Proposed Rules] [Pages 18721-18722] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-08033] ======================================================================== Proposed Rules Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. ======================================================================== Federal Register / Vol. 82, No. 76 / Friday, April 21, 2017 / Proposed Rules [[Page 18721]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1051 [Docket No. AO-15-0071; AMS-DA-14-0095] Proposed California Federal Milk Marketing Order; Producer Ballots AGENCY: Agricultural Marketing Service, USDA. ACTION: Request for public comments. ----------------------------------------------------------------------- SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (PRA), this notice announces the Agricultural Marketing Service's (AMS) intention to request approval from the Office of Management and Budget for a new information collection: Proposed California Federal Milk Marketing Order; Referendum Procedures. DATES: Pursuant to the Paperwork Reduction Act, comments on the information collection burden that would result from the conduct of a referendum must be received by June 20, 2017. ADDRESSES: Comments should reference the docket number, title of action, date, and page number of this issue of the Federal Register and can be viewed and submitted at the Federal eRulemaking portal: http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Erin Taylor, Acting Director, Order Formulation and Enforcement Division, USDA/AMS/Dairy Program, STOP 0231, Room 2969-S, 1400 Independence Ave. SW., Washington, DC 20250- 0231, (202) 720-7311, email address: [email protected]. SUPPLEMENTARY INFORMATION: This announcement is issued pursuant to the PRA. This document invites comments on the proposed ballots to be used in conducting a referendum to determine whether the issuance of a Federal Milk Marketing Order (FMMO) regulating the handling of milk in California is favored by producers and cooperative associations. The Recommended Decision on the issuance of a FMMO in California was published in the Federal Register on February 14, 2017 (82 FR 10634). The Agricultural Marketing Service (AMS) is accepting comments on this Recommended Decision until May 15, 2017, and, following review, will issue a Final Decision on promulgating a California FMMO. Sections 900.300 through 900.311 of title 7 of the CFR outline procedures to conduct a referendum to determine producer approval of FMMO promulgation or amendatory proceedings. These referendum procedures would apply to the proposed California FMMO, should the Final Decision continue to recommend its adoption. AMS would conduct the referendum using the proposed ballot forms for which this document invites comments. Once these ballots are approved, they will also be used to determine producer approval for future FMMO promulgation and amendatory proceedings, including any subsequent referenda under the proposed California FMMO. In accordance with Office of Management and Budget (OMB) regulations (5 CFR part 1320) that implement the Paperwork Reduction Act (44 U.S.C. 3501-3520) (PRA), the information collection requirements associated with the FMMO program have been previously approved by OMB and assigned OMB No. 0581-0032 collection, ``Report Forms under the Federal Milk Marketing Order Program.'' 7 U.S.C. 608c(9) provides two options for determining industry approval of a new FMMO: (1) By two-thirds of those persons voting; or (2) by two-thirds of the milk represented in the referendum. The AMAA lays out the statutory authority for conducting a referendum to determine industry approval of a new FMMO. 7 CFR 900.300 outlines procedures for conducting a referendum, to include: Definitions; associations eligible to vote; conduct of referendum; who may vote; duties of referendum agent; notice of the referendum; time for voting; tabulation of ballots; confidential information; supplementary instructions; and submittals or requests. This document invites comments for the proposed ballots used to conduct a producer referendum regarding promulgation of a California FMMO. Upon approval, these ballots will also be used to determine producer and cooperative association approval for future FMMO promulgation and amendatory proceedings, including any subsequent referenda under the proposed California FMMO. In accordance with the PRA, this document announces AMS' intention to request approval, from the Office of Management and Budget (OMB), for an information collection totaling 363.25 hours for the requirements contained in the ballots to carry out the referendum procedures for promulgating a California FMMO. A new information collection package is being submitted to OMB for approval of 363.25 total burden hours to cover this new collection for conducting a producer referendum on the proposed California FMMO. Upon OMB's approval of this new information collection, AMS intends to merge this new information collection into the approved OMB No. 0581-0032 collection. In accordance with 5 CFR part 1320, we have included below a description of the collection and recordkeeping requirements and an estimate of the annual burden on entities who would participate in the California producer referendum. As with all mandatory regulatory programs, reporting and recordkeeping burdens are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. The PRA provides authority for this action. Title: Proposed California Federal Milk Marketing Order; Referendum Procedures. OMB Number: 0581-NEW. Expiration Date of Approval: Three years from date of approval. Type of Request: This is a NEW collection. Abstract: FMMO regulations (7 CFR 900.300 through 900.311) authorized under the AMAA of 1937, as amended (7 U.S.C. 601-674, and 7253), outline procedures for conducting referenda to determine producer approval of milk marketing orders. These referendum procedures would be used to determine approval for the proposed California FMMO. The information collection requirements in this document concern the ballots to carry out a referendum to determine industry approval of the [[Page 18722]] proposed California FMMO. Upon issuance of a Final Decision, producers and/or cooperative associations potentially affected by the proposed California FMMO would be authorized to vote in the referendum regarding their support of the Final Decision. Under this referendum, cooperative associations would be able to elect to bloc vote on behalf of their members; in this case, cooperative associations would submit to AMS a Cooperative Ballot in addition to a Certificate of Resolution and an Intent to Bloc Vote indicating the cooperative association's decision to vote on behalf of its members. Cooperative associations that either check ``no'' or who do not return their Intent to Bloc Vote form to AMS promptly would be designated as not bloc voting on behalf of their members. In this case, a Milk Producer's Ballot would be sent to each producer associated with that cooperative. Producers who are not associated with a cooperative would be sent a Milk Producer's Ballot to indicate their support for or against the promulgation of the proposed California FMMO. These same ballots will be used by USDA to carry out future referendum procedures to determine support for promulgation or amendatory proceedings in other FMMO rulemakings. Estimate of Burden: Public reporting burden for this collection of information is estimated to average 0.25 hours per response. Respondents: Milk producers and cooperative associations. Estimated Number of Respondents: 1,443. Estimated Total Annual Responses: 1,453. Estimated Number of Responses per Respondent: 1. Estimated Total Annual Burden on Respondents: 363.25. As with all FMMOs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this document. USDA has performed this initial RFA analysis regarding the impact of this document on small businesses. An estimated 1,453 responses would provide information to AMS. The estimated cost of providing the information to AMS by respondents would be $12,205.20. This total has been estimated by multiplying 363.25 total hours required for reporting and recordkeeping by $33.60, the average mean hourly earnings of Farmers, Ranchers, and Other Agricultural Managers, as denoted by the U.S. Department of Labor Statistics National Compensation Survey. The proposed California FMMO's referendum procedures have been carefully reviewed, and every effort has been made to minimize any unnecessary recordkeeping costs or requirements, including efforts to utilize procedures already administered by USDA. Request for Public Comment Under the Paperwork Reduction Act Comments are invited on: (1) The accuracy of the agency's estimate of the burden of the proposed collection of information including the validity of the methodology and assumptions used; (2) ways to enhance the quality, utility, and clarity of the information to be collected; and (3) ways to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Comments concerning the information collection requirements contained in this action should reference OMB No. 0581-NEW. In addition, the docket number, date, and page number of this issue of the Federal Register also should be referenced. Comments should be sent to the same addresses referenced in the ADDRESSES section of this document. A 60-day comment period is provided to allow interested persons to comment on this proposed information collection. All written comments received will be summarized and included in the request for OMB approval. All comments will also become a matter of public record. Dated: April 17, 2017. Bruce Summers, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2017-08033 Filed 4-20-17; 8:45 am] BILLING CODE P
![18721
Proposed Rules Federal Register
Vol. 82, No. 76
Friday, April 21, 2017
This section of the FEDERAL REGISTER Decision on the issuance of a FMMO in ballots will also be used to determine
contains notices to the public of the proposed California was published in the Federal producer and cooperative association
issuance of rules and regulations. The Register on February 14, 2017 (82 FR approval for future FMMO
purpose of these notices is to give interested 10634). The Agricultural Marketing promulgation and amendatory
persons an opportunity to participate in the Service (AMS) is accepting comments proceedings, including any subsequent
rule making prior to the adoption of the final
rules.
on this Recommended Decision until referenda under the proposed California
May 15, 2017, and, following review, FMMO.
will issue a Final Decision on In accordance with the PRA, this
DEPARTMENT OF AGRICULTURE promulgating a California FMMO. document announces AMS’ intention to
Sections 900.300 through 900.311 of request approval, from the Office of
Agricultural Marketing Service title 7 of the CFR outline procedures to Management and Budget (OMB), for an
conduct a referendum to determine information collection totaling 363.25
7 CFR Part 1051 producer approval of FMMO hours for the requirements contained in
[Docket No. AO–15–0071; AMS–DA–14–
promulgation or amendatory the ballots to carry out the referendum
0095] proceedings. These referendum procedures for promulgating a
procedures would apply to the proposed California FMMO.
Proposed California Federal Milk California FMMO, should the Final A new information collection package
Marketing Order; Producer Ballots Decision continue to recommend its is being submitted to OMB for approval
adoption. AMS would conduct the of 363.25 total burden hours to cover
AGENCY: Agricultural Marketing Service, referendum using the proposed ballot this new collection for conducting a
USDA. forms for which this document invites producer referendum on the proposed
ACTION: Request for public comments. comments. Once these ballots are California FMMO. Upon OMB’s
SUMMARY: In accordance with the approved, they will also be used to approval of this new information
Paperwork Reduction Act of 1995 determine producer approval for future collection, AMS intends to merge this
(PRA), this notice announces the FMMO promulgation and amendatory new information collection into the
Agricultural Marketing Service’s (AMS) proceedings, including any subsequent approved OMB No. 0581–0032
intention to request approval from the referenda under the proposed California collection.
Office of Management and Budget for a FMMO. In accordance with 5 CFR part 1320,
new information collection: Proposed In accordance with Office of we have included below a description of
California Federal Milk Marketing Management and Budget (OMB) the collection and recordkeeping
Order; Referendum Procedures. regulations (5 CFR part 1320) that requirements and an estimate of the
implement the Paperwork Reduction annual burden on entities who would
DATES: Pursuant to the Paperwork
Act (44 U.S.C. 3501–3520) (PRA), the participate in the California producer
Reduction Act, comments on the
information collection requirements referendum. As with all mandatory
information collection burden that
associated with the FMMO program regulatory programs, reporting and
would result from the conduct of a
have been previously approved by OMB recordkeeping burdens are periodically
referendum must be received by June
and assigned OMB No. 0581–0032 reviewed to reduce information
20, 2017.
collection, ‘‘Report Forms under the requirements and duplication by
ADDRESSES: Comments should reference
Federal Milk Marketing Order industry and public sector agencies. The
the docket number, title of action, date, Program.’’ PRA provides authority for this action.
and page number of this issue of the 7 U.S.C. 608c(9) provides two options Title: Proposed California Federal
Federal Register and can be viewed and for determining industry approval of a Milk Marketing Order; Referendum
submitted at the Federal eRulemaking new FMMO: (1) By two-thirds of those Procedures.
portal: http://www.regulations.gov. persons voting; or (2) by two-thirds of OMB Number: 0581–NEW.
FOR FURTHER INFORMATION CONTACT: Erin the milk represented in the referendum. Expiration Date of Approval: Three
Taylor, Acting Director, Order The AMAA lays out the statutory years from date of approval.
Formulation and Enforcement Division, authority for conducting a referendum Type of Request: This is a NEW
USDA/AMS/Dairy Program, STOP 0231, to determine industry approval of a new collection.
Room 2969–S, 1400 Independence Ave. FMMO. 7 CFR 900.300 outlines Abstract: FMMO regulations (7 CFR
SW., Washington, DC 20250–0231, (202) procedures for conducting a 900.300 through 900.311) authorized
720–7311, email address: erin.taylor@ referendum, to include: Definitions; under the AMAA of 1937, as amended
ams.usda.gov. associations eligible to vote; conduct of (7 U.S.C. 601–674, and 7253), outline
SUPPLEMENTARY INFORMATION: This referendum; who may vote; duties of procedures for conducting referenda to
announcement is issued pursuant to the referendum agent; notice of the determine producer approval of milk
nlaroche on DSK30NT082PROD with PROPOSALS
PRA. This document invites comments referendum; time for voting; tabulation marketing orders. These referendum
on the proposed ballots to be used in of ballots; confidential information; procedures would be used to determine
conducting a referendum to determine supplementary instructions; and approval for the proposed California
whether the issuance of a Federal Milk submittals or requests. This document FMMO.
Marketing Order (FMMO) regulating the invites comments for the proposed The information collection
handling of milk in California is favored ballots used to conduct a producer requirements in this document concern
by producers and cooperative referendum regarding promulgation of a the ballots to carry out a referendum to
associations. The Recommended California FMMO. Upon approval, these determine industry approval of the
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![18722 Federal Register / Vol. 82, No. 76 / Friday, April 21, 2017 / Proposed Rules
proposed California FMMO. Upon Managers, as denoted by the U.S. Notice of proposed rulemaking
ACTION:
issuance of a Final Decision, producers Department of Labor Statistics National (NPRM).
and/or cooperative associations Compensation Survey.
potentially affected by the proposed The proposed California FMMO’s SUMMARY: We propose to adopt a new
California FMMO would be authorized referendum procedures have been airworthiness directive (AD) for all DG
to vote in the referendum regarding carefully reviewed, and every effort has Flugzeugbau GmbH Models DG–400,
their support of the Final Decision. been made to minimize any unnecessary DG–500M, DG–500MB, DG–800A, and
Under this referendum, cooperative recordkeeping costs or requirements, DG–800B gliders. This proposed AD
associations would be able to elect to including efforts to utilize procedures results from mandatory continuing
bloc vote on behalf of their members; in already administered by USDA. airworthiness information (MCAI)
this case, cooperative associations originated by an aviation authority of
would submit to AMS a Cooperative Request for Public Comment Under the another country to identify and correct
Ballot in addition to a Certificate of Paperwork Reduction Act an unsafe condition on an aviation
Resolution and an Intent to Bloc Vote Comments are invited on: (1) The product. The MCAI describes the unsafe
indicating the cooperative association’s accuracy of the agency’s estimate of the condition as a manufacturing defect in
decision to vote on behalf of its burden of the proposed collection of certain textile fabric covered fuel hoses,
members. Cooperative associations that information including the validity of the which could cause the fuel hose to fail.
either check ‘‘no’’ or who do not return methodology and assumptions used; (2) We are issuing this proposed AD to
their Intent to Bloc Vote form to AMS ways to enhance the quality, utility, and require actions to address the unsafe
promptly would be designated as not clarity of the information to be condition on these products.
bloc voting on behalf of their members. collected; and (3) ways to minimize the DATES: We must receive comments on
In this case, a Milk Producer’s Ballot burden of the collection of information this proposed AD by June 5, 2017.
would be sent to each producer on those who are to respond, including ADDRESSES: You may send comments by
associated with that cooperative. the use of appropriate automated, any of the following methods:
Producers who are not associated with electronic, mechanical, or other • Federal eRulemaking Portal: Go to
a cooperative would be sent a Milk technological collection techniques or http://www.regulations.gov. Follow the
Producer’s Ballot to indicate their other forms of information technology. instructions for submitting comments.
support for or against the promulgation Comments concerning the • Fax: (202) 493–2251.
of the proposed California FMMO. information collection requirements • Mail: U.S. Department of
These same ballots will be used by contained in this action should Transportation, Docket Operations,
USDA to carry out future referendum reference OMB No. 0581–NEW. In M–30, West Building Ground Floor,
procedures to determine support for addition, the docket number, date, and Room W12–140, 1200 New Jersey
promulgation or amendatory page number of this issue of the Federal Avenue SE., Washington, DC 20590.
proceedings in other FMMO Register also should be referenced. • Hand Delivery: U.S. Department of
rulemakings. Comments should be sent to the same Transportation, Docket Operations,
Estimate of Burden: Public reporting addresses referenced in the ADDRESSES M–30, West Building Ground Floor,
burden for this collection of information section of this document. Room W12–140, 1200 New Jersey
is estimated to average 0.25 hours per A 60-day comment period is provided Avenue SE., Washington, DC 20590,
response. to allow interested persons to comment between 9 a.m. and 5 p.m., Monday
Respondents: Milk producers and on this proposed information collection. through Friday, except Federal holidays.
cooperative associations. For service information identified in
All written comments received will be
Estimated Number of Respondents: this proposed AD, contact DG
summarized and included in the request
1,443. Flugzeugbau GmbH, Otto-Lilienthal
for OMB approval. All comments will
Estimated Total Annual Responses: Weg 2, D–76646 Bruchsal, Germany;
also become a matter of public record.
1,453. telephone: +49 (0)7251 3202–0; email:
Estimated Number of Responses per Dated: April 17, 2017. info@dg-flugzeugbau.de; Internet: http://
Respondent: 1. Bruce Summers, www.dg-flugzeugbau.de/en/
Estimated Total Annual Burden on Associate Administrator, Agricultural ?noredirect=en_US. You may review
Respondents: 363.25. Marketing Service. this referenced service information at
As with all FMMOs, reports and [FR Doc. 2017–08033 Filed 4–20–17; 8:45 am] the FAA, Small Airplane Directorate,
forms are periodically reviewed to BILLING CODE P 901 Locust, Kansas City, Missouri
reduce information requirements and 64106. For information on the
duplication by industry. USDA has not availability of this material at the FAA,
identified any relevant Federal rules call (816) 329–4148.
DEPARTMENT OF TRANSPORTATION
that duplicate, overlap, or conflict with
this document. USDA has performed Examining the AD Docket
Federal Aviation Administration
this initial RFA analysis regarding the You may examine the AD docket on
impact of this document on small 14 CFR Part 39 the Internet at http://
businesses. www.regulations.gov by searching for
An estimated 1,453 responses would [Docket No. FAA–2017–0343; Directorate and locating Docket No. FAA–2017–
provide information to AMS. The Identifier 2017–CE–005–AD] 0343; or in person at the Docket
nlaroche on DSK30NT082PROD with PROPOSALS
estimated cost of providing the Management Facility between 9 a.m.
information to AMS by respondents RIN 2120–AA64 and 5 p.m., Monday through Friday,
would be $12,205.20. This total has Airworthiness Directives; DG except Federal holidays. The AD docket
been estimated by multiplying 363.25 Flugzeugbau GmbH Gliders contains this proposed AD, the
total hours required for reporting and regulatory evaluation, any comments
recordkeeping by $33.60, the average AGENCY: Federal Aviation received, and other information. The
mean hourly earnings of Farmers, Administration (FAA), Department of street address for the Docket Office
Ranchers, and Other Agricultural Transportation (DOT). (telephone (800) 647–5527) is in the
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Document Created: 2017-04-21 01:19:19
Document Modified: 2017-04-21 01:19:19
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Request for public comments. | |
| Dates | Pursuant to the Paperwork Reduction Act, comments on the information collection burden that would result from the conduct of a referendum must be received by June 20, 2017. | |
| Contact | Erin Taylor, Acting Director, Order Formulation and Enforcement Division, USDA/AMS/Dairy Program, STOP 0231, Room 2969-S, 1400 Independence Ave. SW., Washington, DC 20250- | |
| FR Citation | 82 FR 18721 |
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