82 FR 4203 - Beef Promotion and Research; Reapportionment
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 82, Issue 9 (January 13, 2017)
Agricultural Marketing Service
Federal Register Volume 82, Issue 9 (January 13, 2017)
| Page Range | 4203-4206 | |
| FR Document | 2017-00587 |
[Federal Register Volume 82, Number 9 (Friday, January 13, 2017)] [Proposed Rules] [Pages 4203-4206] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-00587] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1260 [No. AMS-LPS-16-0071] Beef Promotion and Research; Reapportionment AGENCY: Agricultural Marketing Service, USDA. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: This proposed rule would adjust representation on the Cattlemen's Beef Promotion and Research Board (Board), established under the Beef Promotion and Research Act of 1985 (Act), to reflect changes in domestic cattle inventories since January 1, 2013, as well as changes in levels of imported cattle, beef, and beef products that have occurred since December 31, 2012, which were the cut-off dates for data used by the Agricultural Marketing Service (AMS) when the Board was last reapportioned in July 2014. These adjustments are required by the Beef Promotion and Research Order (Order) and, if adopted, would result in a decrease in Board membership from 100 to 99, effective with the U.S. Department of Agriculture's (USDA) appointments for terms beginning early in the year 2018. DATES: Submit comments on or before March 14, 2017. ADDRESSES: Comments should be posted online at www.regulations.gov. Comments received will be posted without change, including any personal information provided. All comments should reference the docket number AMS-LPS-16-0071, the date of submission, and the page number of this issue of the Federal Register. Comments may also be sent to Mike Dinkel, Agricultural Marketing Specialist; Research and Promotion Division; Livestock, Poultry, and Seed Program, AMS, USDA; Room 2610-S, STOP 0249, 1400 Independence Avenue SW., Washington, DC 20250-0249; or via fax to (202) 720-1125. Comments will be made available for public inspection at the above address during regular business hours or via the Internet at www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Mike Dinkel, Research and Promotion Division, at (301) 352-7497; fax (202) 720-1125; or by email at [email protected]. SUPPLEMENTARY INFORMATION: 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 rule has been determined not to be significant for purposes of Executive Order 12866 or Executive Order 13563. Accordingly, the Office of Management and Budget (OMB) has waived the review process. Executive Order 12988 This proposed rule has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have retroactive effect. The Act prohibits states or political subdivisions of a state to impose any requirement that is in addition to, or inconsistent with, any requirement of the Act. There are no civil justice implications associated with this proposed rule. Regulatory Flexibility Act and Paperwork Reduction Act Pursuant to the requirements set forth in the Regulatory Flexibility Act (RFA) [5 U.S.C. 601-612], the Administrator of AMS has considered the economic effect of this action on small entities and has determined that this proposed rule would not have a significant economic impact on a substantial number of small entities. The purpose of RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly burdened. In the February 2013 publication of ``Farms, Land in Farms, and Livestock Operations,'' USDA's National Agricultural Statistics Service (NASS) estimated that the number of operations in the United States with cattle in 2012 totaled approximately 915,000, down from 950,000 in 2009. There are approximately 270 importers who import beef or edible beef products into the United States and 198 importers who import live cattle into the United States. It is estimated that the majority of those operations subject to the Order are considered small businesses under the criteria established by the Small Business Administration (SBA) [13 CFR 121.201]. SBA generally defines small agricultural service firms as those having annual receipts of $7.5 million or less, and small agricultural producers are generally defined as those having annual receipts of less than $750,000. The proposed rule imposes no new burden on the industry. It only adjusts representation on the Board to reflect changes in domestic cattle inventory, as well as in cattle and beef imports. The adjustments are required by the Order and would result in a decrease in Board membership from 100 to 99. AMS is committed to complying with the E-Government Act of 2002 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. USDA has not identified any relevant federal rules that duplicate, overlap, or conflict with this rule. Background and Proposed Action The Board was initially appointed on August 4, 1986, pursuant to the provisions of the Act [7 U.S.C. 2901-2911] and the Order issued thereunder. Domestic representation on the Board is [[Page 4204]] based on cattle inventory numbers, while importer representation is based on the conversion of the volume of imported cattle, beef, and beef products into live animal equivalencies. Reapportionment Section 1260.141(b) of the Order provides that the Board shall be composed of cattle producers and importers appointed by the Secretary of Agriculture from nominations submitted by certified producer and importer organizations. A producer may only be nominated to represent the State or unit in which that producer is a resident. Section 1260.141(c) of the Order provides that at least every 3 years, but not more than every 2 years, the Board shall review the geographic distribution of cattle inventories throughout the United States and the volume of imported cattle, beef, and beef products and, if warranted, shall reapportion units and/or modify the number of Board members from units in order to reflect the geographic distribution of cattle production volume in the United States and the volume of cattle, beef, or beef products imported into the United States. Section 1260.141(d) of the Order authorizes the Board to recommend to the Secretary modifications to the number of cattle per unit necessary for representation on the Board. Section 1260.141(e)(1) provides that each geographic unit or State that includes a total cattle inventory equal to or greater than 500,000 head of cattle shall be entitled to one representative on the Board. Section 1260.141(e)(2) provides that States that do not have total cattle inventories equal to or greater than 500,000 head shall be grouped, to the extent practicable, into geographically-contiguous units, each of which have a combined total inventory of not less than 500,000 head. Such grouped units are entitled to at least one representative on the Board. Each unit is entitled to an additional Board member for each additional 1 million head of cattle within the unit, as provided in Sec. 1260.141(e)(4). Further, as provided in Sec. 1260.141(e)(3), importers are represented by a single unit, with their number of Board members based on a conversion of the total volume of imported cattle, beef, or beef products into live animal equivalencies. The initial Board appointed in 1986 was composed of 113 members. Reapportionment, based on a 3-year average of cattle inventory numbers and import data, reduced the Board to 111 members in 1990 and to 107 members in 1993 before the Board was increased back to 111 members in 1996. The Board decreased to 110 members in 1999, 108 members in 2001, and 104 members in 2005; increased to 106 members in 2009; decreased to 103 members in 2011; and decreased to 100 members in 2013. This proposal would amend Sec. 1260.141(a) by increasing the importers from 6 to 7 members, decreasing the State of Virginia from 2 members to 1 member and decreasing the State of Texas from 13 to 12 members. Overall, if adopted, it would decrease the number of Board members from 100 to 99, with appointments for terms effective early in 2018. The currently proposed, updated Board representation by States or geographic units is based on an average of the January 1, 2011, 2012, and 2013 inventory of cattle in the various States as reported by NASS. The proposed importer representation would be based on a combined total average of the 2011, 2012, and 2013 live cattle imports as published by USDA's Foreign Agricultural Service and the average of the 2011, 2012, and 2013 live animal equivalents for imported beef and beef products. In considering reapportionment, the Board reviewed cattle inventories on the date January 1 in 2014, 2015, and 2016, as well as cattle, beef, and beef product import data for the period of January 1, 2013, to December 31, 2015. The Board recommended that a 3-year average of cattle inventories and import numbers should be continued. The Board determined that an average of the January 1, 2014, 2015, and 2016 cattle inventory numbers would best reflect the number of cattle in each state or unit since publication of the last reapportionment rule published in 2014 [79 FR 46961]. The Board reviewed data published by the USDA's Economic Research Service to determine proper importer representation. The Board recommended the use of the average of a combined total of the 2013, 2014, and 2015 cattle import data and the average of the 2013, 2014, and 2015 live animal equivalents for imported beef products. The method used to calculate the total number of live animal equivalents was the same as that used in the previous reapportionment of the Board. The live animal equivalent weight was changed in 2006 from 509 pounds to 592 pounds [71 FR 47074]. The Board's recommended reapportionment plan, if adopted, would decrease the number of representatives on the Board from 100 to 99. From the Board's analysis of USDA cattle inventories and import equivalencies, Virginia would lose one Board seat and Texas would lose one Board seat. The importers would gain one Board seat. The States and units affected by the reapportionment plan and the current and proposed member representation per unit are as follows: ------------------------------------------------------------------------ Current Revised State/unit representation representation ------------------------------------------------------------------------ Virginia................................ 2 1 Texas................................... 13 12 Importers............................... 6 7 ------------------------------------------------------------------------ The Board reapportionment as proposed by this rulemaking would take effect, if adopted, with appointments to fill positions early in the year 2018. A 60-day comment period is provided to allow interested persons to respond to this proposal. Thirty days is deemed appropriate to facilitate the adjustment of the representation on the Board, which is required by the Order at least every 3 years but not more than every 2 years, and to allow for the annual nomination and appointment process for Board appointments that will be effective early in 2018. List of Subjects in 7 CFR Part 1260 Administrative practice and procedure, Advertising, Agricultural research, Imports, Meat and meat products, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, AMS proposes to amend 7 CFR part 1260 as follows: PART 1260--BEEF PROMOTION AND RESEARCH 0 1. The authority citation for 7 CFR part 1260 continues to read as follows: Authority: 7 U.S.C. 2901-2911 and 7 U.S.C. 7401. 0 2. Revise Sec. 1260.141 paragraph (a) and the table immediately following to read as follows: Sec. 1260.141 Membership of Board. (a) Beginning with the 2017 Board nominations and the associated appointments effective early in the year 2018, the United States shall be divided into 37 geographical units and 1 unit representing importers, for a total of 38 units. The number of Board members from each unit shall be as follows: [[Page 4205]] Cattle and Calves \1\ ------------------------------------------------------------------------ State/unit (1,000 head) Directors ------------------------------------------------------------------------ 1. Arizona.............................. 900 1 2. Arkansas............................. 1,660 2 3. Colorado............................. 2,600 3 4. Florida.............................. 1,680 2 5. Idaho................................ 2,307 2 6. Illinois............................. 1,143 1 7. Indiana.............................. 873 1 8. Iowa................................. 3,867 4 9. Kansas............................... 5,983 6 10. Kentucky............................ 2,110 2 11. Louisiana........................... 787 1 12. Michigan............................ 1,133 1 13. Minnesota........................... 2,347 2 14. Mississippi......................... 923 1 15. Missouri............................ 3,983 4 16. Montana............................. 2,567 3 17. Nebraska............................ 6,317 6 18. New Mexico.......................... 1,340 1 19. New York............................ 1,450 1 20. North Carolina...................... 803 1 21. North Dakota........................ 1,697 2 22. Ohio................................ 1,243 1 23. Oklahoma............................ 4,567 5 24. Oregon.............................. 1,300 1 25. Pennsylvania........................ 1,580 2 26. South Dakota........................ 3,783 4 27. Tennessee........................... 1,770 2 28. Texas............................... 11,500 12 29. Utah................................ 807 1 30. Virginia............................ 1,487 1 31. Wisconsin........................... 3,467 3 32. Wyoming............................. 1,293 1 33. Northwest........................... .............. 1 Alaska.............................. 10 .............. Hawaii.............................. 135 .............. Washington.......................... 1,137 .............. ---------------- Total........................... 1,282 .............. 34. Northeast........................... .............. 1 Connecticut......................... 48 .............. Delaware............................ 16 .............. Maine............................... 84 .............. Massachusetts....................... 38 .............. New Hampshire....................... 32 .............. New Jersey.......................... 28 .............. Rhode Island........................ 5 .............. Vermont............................. 260 .............. ---------------- Total........................... 511 .............. 35. Mid-Atlantic........................ .............. 1 Maryland............................ 186 .............. West Virginia....................... 382 .............. ---------------- Total........................... 567 .............. 36. Southeast........................... .............. 3 Alabama............................. 1,240 .............. Georgia............................. 1,057 .............. South Carolina...................... 337 .............. ---------------- Total........................... 2,633 .............. 37. Southwest........................... .............. 6 California.......................... 5,183 .............. Nevada.............................. 442 .............. ---------------- Total........................... 5,625 .............. 38. Importers \2\....................... 6,949 7 ------------------------------------------------------------------------ \1\ 2014, 2015, and 2016 average of January 1 cattle inventory data. \2\ 2013, 2014, and 2015 average of annual import data. [[Page 4206]] * * * * * Dated: January 9, 2017. Elanor Starmer, Administrator, Agricultural Marketing Service. [FR Doc. 2017-00587 Filed 1-12-17; 8:45 am] BILLING CODE 3410-02-P
![Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Proposed Rules 4203
the master shipping container, or in a Service (AMS) when the Board was last that is in addition to, or inconsistent
document that accompanies the product reapportioned in July 2014. These with, any requirement of the Act. There
through retail sale. In addition, the adjustments are required by the Beef are no civil justice implications
supplier of a covered commodity that is Promotion and Research Order (Order) associated with this proposed rule.
responsible for initiating a country(ies) and, if adopted, would result in a
Regulatory Flexibility Act and
of origin claim, which in the case of decrease in Board membership from 100
Paperwork Reduction Act
lamb, chicken, goat, and venison is the to 99, effective with the U.S.
slaughter facility, must possess records Department of Agriculture’s (USDA) Pursuant to the requirements set forth
that are necessary to substantiate that appointments for terms beginning early in the Regulatory Flexibility Act (RFA)
claim for a period of 1 year from the in the year 2018. [5 U.S.C. 601–612], the Administrator of
date of the transaction. For that purpose, DATES: Submit comments on or before AMS has considered the economic
packers that slaughter animals that are March 14, 2017. effect of this action on small entities and
tagged with an 840 Animal ADDRESSES: Comments should be posted
has determined that this proposed rule
Identification Number device without online at www.regulations.gov. would not have a significant economic
the presence of any additional Comments received will be posted impact on a substantial number of small
accompanying marking (i.e., ‘‘CAN’’ or without change, including any personal entities. The purpose of RFA is to fit
‘‘M’’) may use that information as a information provided. All comments regulatory actions to the scale of
basis for a U.S. origin claim. Packers should reference the docket number businesses subject to such actions in
that slaughter animals that are part of AMS–LPS–16–0071, the date of order that small businesses will not be
another country’s recognized official submission, and the page number of this unduly burdened.
system (e.g. Canadian official system, In the February 2013 publication of
issue of the Federal Register. Comments
Mexico official system) may also rely on ‘‘Farms, Land in Farms, and Livestock
may also be sent to Mike Dinkel,
the presence of an official ear tag or Operations,’’ USDA’s National
Agricultural Marketing Specialist;
other approved device on which to base Agricultural Statistics Service (NASS)
Research and Promotion Division;
their origin claims. In the case of estimated that the number of operations
Livestock, Poultry, and Seed Program,
cervidae, producer affidavits shall also in the United States with cattle in 2012
AMS, USDA; Room 2610–S, STOP 0249,
be considered acceptable records that totaled approximately 915,000, down
1400 Independence Avenue SW.,
suppliers may utilize to initiate origin from 950,000 in 2009. There are
Washington, DC 20250–0249; or via fax
claims, provided it is made by someone approximately 270 importers who
to (202) 720–1125. Comments will be
having first-hand knowledge of the import beef or edible beef products into
made available for public inspection at
origin of the covered commodity and the United States and 198 importers
the above address during regular
identifies the covered commodity who import live cattle into the United
business hours or via the Internet at
unique to the transaction. States. It is estimated that the majority
www.regulations.gov.
of those operations subject to the Order
* * * * * FOR FURTHER INFORMATION CONTACT: are considered small businesses under
Dated: January 9, 2017. Mike Dinkel, Research and Promotion the criteria established by the Small
Bruce Summners, Division, at (301) 352–7497; fax (202) Business Administration (SBA) [13 CFR
Associate Administrator, Agricultural 720–1125; or by email at 121.201]. SBA generally defines small
Marketing Service. Michael.Dinkel@ams.usda.gov. agricultural service firms as those
[FR Doc. 2017–00588 Filed 1–12–17; 8:45 am] SUPPLEMENTARY INFORMATION: having annual receipts of $7.5 million
BILLING CODE 3410–02–P Executive Orders 12866 and 13563 or less, and small agricultural producers
are generally defined as those having
Executive Orders 12866 and 13563 annual receipts of less than $750,000.
DEPARTMENT OF AGRICULTURE direct agencies to assess all costs and The proposed rule imposes no new
benefits of available regulatory burden on the industry. It only adjusts
Agricultural Marketing Service alternatives and, if regulation is representation on the Board to reflect
necessary, to select regulatory changes in domestic cattle inventory, as
7 CFR Part 1260 approaches that maximize net benefits well as in cattle and beef imports. The
(including potential economic, adjustments are required by the Order
[No. AMS–LPS–16–0071]
environmental, public health and safety and would result in a decrease in Board
Beef Promotion and Research; effects, distributive impacts, and membership from 100 to 99.
Reapportionment equity). Executive Order 13563 AMS is committed to complying with
emphasizes the importance of the E-Government Act of 2002 to
AGENCY: Agricultural Marketing Service, quantifying both costs and benefits, promote the use of the Internet and
USDA. reducing costs, harmonizing rules, and other information technologies to
ACTION: Proposed rule. promoting flexibility. This rule has been provide increased opportunities for
determined not to be significant for citizen access to government
SUMMARY: This proposed rule would purposes of Executive Order 12866 or information and services, and for other
adjust representation on the Cattlemen’s Executive Order 13563. Accordingly, purposes.
Beef Promotion and Research Board the Office of Management and Budget USDA has not identified any relevant
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
(Board), established under the Beef (OMB) has waived the review process. federal rules that duplicate, overlap, or
Promotion and Research Act of 1985 conflict with this rule.
(Act), to reflect changes in domestic Executive Order 12988
cattle inventories since January 1, 2013, This proposed rule has been reviewed Background and Proposed Action
as well as changes in levels of imported under Executive Order 12988, Civil The Board was initially appointed on
cattle, beef, and beef products that have Justice Reform. It is not intended to August 4, 1986, pursuant to the
occurred since December 31, 2012, have retroactive effect. The Act provisions of the Act [7 U.S.C. 2901–
which were the cut-off dates for data prohibits states or political subdivisions 2911] and the Order issued thereunder.
used by the Agricultural Marketing of a state to impose any requirement Domestic representation on the Board is
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based on cattle inventory numbers, members in 1990 and to 107 members representatives on the Board from 100 to
while importer representation is based in 1993 before the Board was increased 99. From the Board’s analysis of USDA
on the conversion of the volume of back to 111 members in 1996. The cattle inventories and import
imported cattle, beef, and beef products Board decreased to 110 members in equivalencies, Virginia would lose one
into live animal equivalencies. 1999, 108 members in 2001, and 104 Board seat and Texas would lose one
members in 2005; increased to 106 Board seat. The importers would gain
Reapportionment
members in 2009; decreased to 103 one Board seat.
Section 1260.141(b) of the Order members in 2011; and decreased to 100 The States and units affected by the
provides that the Board shall be members in 2013. This proposal would reapportionment plan and the current
composed of cattle producers and amend § 1260.141(a) by increasing the and proposed member representation
importers appointed by the Secretary of importers from 6 to 7 members, per unit are as follows:
Agriculture from nominations submitted decreasing the State of Virginia from 2
by certified producer and importer members to 1 member and decreasing Current Revised
organizations. A producer may only be the State of Texas from 13 to 12 State/unit representa- representa-
nominated to represent the State or unit members. Overall, if adopted, it would tion tion
in which that producer is a resident. decrease the number of Board members
Section 1260.141(c) of the Order Virginia .............. 2 1
from 100 to 99, with appointments for Texas ................ 13 12
provides that at least every 3 years, but terms effective early in 2018. Importers ........... 6 7
not more than every 2 years, the Board The currently proposed, updated
shall review the geographic distribution Board representation by States or The Board reapportionment as
of cattle inventories throughout the geographic units is based on an average proposed by this rulemaking would take
United States and the volume of of the January 1, 2011, 2012, and 2013 effect, if adopted, with appointments to
imported cattle, beef, and beef products inventory of cattle in the various States fill positions early in the year 2018.
and, if warranted, shall reapportion as reported by NASS. The proposed
A 60-day comment period is provided
units and/or modify the number of importer representation would be based
to allow interested persons to respond
Board members from units in order to on a combined total average of the 2011,
to this proposal. Thirty days is deemed
reflect the geographic distribution of 2012, and 2013 live cattle imports as
appropriate to facilitate the adjustment
cattle production volume in the United published by USDA’s Foreign
of the representation on the Board,
States and the volume of cattle, beef, or Agricultural Service and the average of
which is required by the Order at least
beef products imported into the United the 2011, 2012, and 2013 live animal
equivalents for imported beef and beef every 3 years but not more than every
States.
Section 1260.141(d) of the Order products. 2 years, and to allow for the annual
authorizes the Board to recommend to In considering reapportionment, the nomination and appointment process
the Secretary modifications to the Board reviewed cattle inventories on the for Board appointments that will be
number of cattle per unit necessary for date January 1 in 2014, 2015, and 2016, effective early in 2018.
representation on the Board. as well as cattle, beef, and beef product List of Subjects in 7 CFR Part 1260
Section 1260.141(e)(1) provides that import data for the period of January 1,
each geographic unit or State that 2013, to December 31, 2015. The Board Administrative practice and
includes a total cattle inventory equal to recommended that a 3-year average of procedure, Advertising, Agricultural
or greater than 500,000 head of cattle cattle inventories and import numbers research, Imports, Meat and meat
shall be entitled to one representative should be continued. The Board products, Reporting and recordkeeping
on the Board. Section 1260.141(e)(2) determined that an average of the requirements.
provides that States that do not have January 1, 2014, 2015, and 2016 cattle For the reasons set forth in the
total cattle inventories equal to or inventory numbers would best reflect preamble, AMS proposes to amend 7
greater than 500,000 head shall be the number of cattle in each state or unit CFR part 1260 as follows:
grouped, to the extent practicable, into since publication of the last
geographically-contiguous units, each of reapportionment rule published in 2014 PART 1260—BEEF PROMOTION AND
which have a combined total inventory [79 FR 46961]. The Board reviewed data RESEARCH
of not less than 500,000 head. Such published by the USDA’s Economic
grouped units are entitled to at least one Research Service to determine proper ■ 1. The authority citation for 7 CFR
representative on the Board. Each unit importer representation. The Board part 1260 continues to read as follows:
is entitled to an additional Board recommended the use of the average of Authority: 7 U.S.C. 2901–2911 and 7
member for each additional 1 million a combined total of the 2013, 2014, and U.S.C. 7401.
head of cattle within the unit, as 2015 cattle import data and the average ■ 2. Revise § 1260.141 paragraph (a) and
provided in § 1260.141(e)(4). Further, as of the 2013, 2014, and 2015 live animal the table immediately following to read
provided in § 1260.141(e)(3), importers equivalents for imported beef products. as follows:
are represented by a single unit, with The method used to calculate the total
their number of Board members based number of live animal equivalents was § 1260.141 Membership of Board.
on a conversion of the total volume of the same as that used in the previous (a) Beginning with the 2017 Board
nominations and the associated
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
imported cattle, beef, or beef products reapportionment of the Board. The live
into live animal equivalencies. animal equivalent weight was changed appointments effective early in the year
The initial Board appointed in 1986 in 2006 from 509 pounds to 592 pounds 2018, the United States shall be divided
was composed of 113 members. [71 FR 47074]. into 37 geographical units and 1 unit
Reapportionment, based on a 3-year The Board’s recommended representing importers, for a total of 38
average of cattle inventory numbers and reapportionment plan, if adopted, units. The number of Board members
import data, reduced the Board to 111 would decrease the number of from each unit shall be as follows:
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* * * * * information (Braille, large print, II. Background
Dated: January 9, 2017. audiotape, etc.) should contact the
USDA TARGET Center at (202) 720– Section 9002 provides for the
Elanor Starmer, preferred procurement of biobased
2600 (voice) and (202) 690–0942 (TTY).
Administrator, Agricultural Marketing products by Federal procuring agencies
Service. FOR FURTHER INFORMATION CONTACT:
and is referred to hereafter in this
[FR Doc. 2017–00587 Filed 1–12–17; 8:45 am]
Marie Wheat, USDA, Office of
Federal Register notice as the ‘‘Federal
Procurement and Property Management,
BILLING CODE 3410–02–P preferred procurement program.’’ Under
Room 361, Reporters Building, 300 7th
the provisions specified in the
St. SW., Washington, DC 20024; email:
‘‘Guidelines for Designating Biobased
DEPARTMENT OF AGRICULTURE biopreferred_support@amecfw.com;
Products for Federal Procurement’’ (7
phone (202) 239–4502. Information
CFR part 3201) (Guidelines), the USDA
Office of Procurement and Property regarding the Federal preferred
BioPreferred Program ‘‘designates’’
Management procurement program (one initiative of
product categories to which the
the BioPreferred Program) is available
preferred procurement requirements
7 CFR Part 3201 on the Internet at http://
apply by listing them in subpart B of 7
www.biopreferred.gov.
RIN 0599–AA24 CFR part 3201.
SUPPLEMENTARY INFORMATION: The
The term ‘‘product category’’ is used
Designation of Product Categories for information presented in this preamble
as a generic term in the designation
Federal Procurement is organized as follows:
process to mean a grouping of specific
AGENCY: Office of Procurement and I. Authority products that perform a similar
II. Background function. As originally finalized, the
Property Management, USDA. III. Summary of Today’s Proposed Rule
ACTION: Notice of proposed rulemaking. IV. Designation of Product Categories,
Guidelines included provisions for the
Minimum Biobased Contents, and Time designation of product categories that
SUMMARY: The U.S. Department of Frame were composed of finished, consumer
Agriculture (USDA) is proposing to A. Background products such as mobile equipment
amend the Guidelines for Designating B. Product Categories and Minimum hydraulic fluids, penetrating lubricants,
Biobased Products for Federal Biobased Contents Proposed for or hand cleaners and sanitizers.
Procurement (Guidelines) to add 12 Designation
C. Compliance Date for Procurement The 2008 and 2014 Farm Bills
sections that will designate 12 product directed USDA to expand the scope of
Preference and Incorporation Into
categories composed of intermediate Specifications the Guidelines to include the
ingredient and feedstock materials V. Where can agencies get more information designation of product categories
within which biobased products would on these USDA-designated product composed of intermediate ingredients
be afforded procurement preference by categories? and feedstock materials. Specifically,
Federal agencies and their contractors. VI. Regulatory Information the 2008 Farm Bill stated that USDA
USDA is also proposing minimum A. Executive Order 12866: Regulatory
Planning and Review and Executive shall ‘‘designate those intermediate
biobased contents for each of these ingredients and feedstocks that are or
Order 13563: Improving Regulation and
product categories. Regulatory Review can be used to produce items that will
DATES: USDA will accept public B. Regulatory Flexibility Act (RFA) be subject’’ to the Federal preferred
comments on this proposed rule until C. Executive Order 12630: Governmental procurement program. The term
March 14, 2017. Actions and Interference With ‘‘intermediate ingredient and feedstock’’
Constitutionally Protected Property is defined in the Farm Bill as ‘‘a
ADDRESSES: You may submit comments
Rights
by any of the following methods. All D. Executive Order 12988: Civil Justice
material or compound made in whole or
submissions received must include the Reform in significant part from biological
agency name and Regulatory E. Executive Order 13132: Federalism products, including renewable
Information Number (RIN). The RIN for F. Unfunded Mandates Reform Act of 1995 agricultural materials (including plant,
this rulemaking is 0599–AA24. Also, G. Executive Order 12372: animal, and marine materials) or
please identify submittals as pertaining Intergovernmental Review of Federal forestry materials, that are subsequently
to the ‘‘Proposed Designation of Product Programs used to make a more complex
H. Executive Order 13175: Consultation compound or product.’’ The term
Categories.’’ and Coordination With Indian Tribal
• Federal eRulemaking Portal: http:// Governments
‘‘intermediates’’ is used in the titles of
www.regulations.gov. Follow the I. Paperwork Reduction Act the product categories being proposed
instructions for submitting comments. J. E-Government Act for designation today to distinguish
• Email: biopreferred_support@ these proposed categories from the
amecfw.com. Include RIN number I. Authority finished, consumer products previously
0599–AA24 and ‘‘Proposed Designation The designation of these product designated by USDA. Additionally, in
of Product Categories’’ on the subject categories is proposed under the section 9001 of the 2014 Farm Bill, the
line. Please include your name and authority of section 9002 of the Farm term ‘‘renewable chemical’’ is defined
address in your message. Security and Rural Investment Act of as ‘‘a monomer, polymer, plastic,
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
• Mail/commercial/hand delivery: 2002 (the 2002 Farm Bill), as amended formulated product, or chemical
Mail or deliver your comments to: Marie by the Food, Conservation, and Energy substance produced from renewable
Wheat, USDA, Office of Procurement Act of 2008 (the 2008 Farm Bill), and biomass.’’ Thus, most products that are
and Property Management, Room 361, further amended by the Agricultural Act described as ‘‘renewable chemicals’’
Reporters Building, 300 7th St. SW., of 2014 (the 2014 Farm Bill), 7 U.S.C. will be eligible for the Federal preferred
Washington, DC 20024. 8102. (Section 9002 of the 2002 Farm procurement program because they meet
• Persons with disabilities who Bill, as amended by the 2008 and the the definition of one or more of the
require alternative means for 2014 Farm Bills, is referred to in this intermediate product categories
communication for regulatory document as ‘‘section 9002’’.) included in today’s proposed rule.
VerDate Sep<11>2014 16:35 Jan 12, 2017 Jkt 241001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\13JAP1.SGM 13JAP1](https://thefederalregister.org/doc/82_FR_4212/page/4.svg)
Document Created: 2017-01-13 02:44:36
Document Modified: 2017-01-13 02:44:36
| 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 | Proposed rule. | |
| Dates | Submit comments on or before March 14, 2017. | |
| Contact | Mike Dinkel, Research and Promotion Division, at (301) 352-7497; fax (202) 720-1125; or by email at [email protected] | |
| FR Citation | 82 FR 4203 | |
| CFR Associated | Administrative Practice and Procedure; Advertising; Agricultural Research; Imports; Meat and Meat Products and Reporting and Recordkeeping Requirements |
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