Lamb Promotion, Research, and Information Order; Activity Changes; Comment Period Reopened

Published date07 May 2021
Citation86 FR 24513
Record Number2021-09642
SectionProposed rules
CourtAgricultural Marketing Service
Federal Register, Volume 86 Issue 87 (Friday, May 7, 2021)
[Federal Register Volume 86, Number 87 (Friday, May 7, 2021)]
                [Proposed Rules]
                [Pages 24513-24514]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-09642]
                ========================================================================
                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. 86, No. 87 / Friday, May 7, 2021 / Proposed
                Rules
                [[Page 24513]]
                DEPARTMENT OF AGRICULTURE
                Agricultural Marketing Service
                7 CFR Part 1280
                [Document No. AMS-LP-19-0093]
                RIN 0581-AC06
                Lamb Promotion, Research, and Information Order; Activity
                Changes; Comment Period Reopened
                AGENCY: Agricultural Marketing Service, USDA.
                ACTION: Proposed rule; reopening of comment period.
                -----------------------------------------------------------------------
                SUMMARY: The Agricultural Marketing Service (AMS) is providing an
                additional 60 days for public comments on the proposed rule that would
                amend the Lamb Promotion, Research, and Information Order (Order).
                During the February 22, 2021, through March 24, 2021, comment period,
                AMS received two comments requesting additional time to analyze a
                potential volume threshold that would allow low-volume market agencies
                to be eligible for flexibilities to the proposed assessment remittance
                process. Such flexibilities would allow for very small, low-volume
                market agencies to utilize quarterly or yearly remittances, as opposed
                to the proposed monthly remittance process. The proposed flexibilities
                would reduce the regulatory burden for affected market agencies.
                DATES: The comment period for the proposed rule originally published on
                October 5, 2020, at 85 FR 62617, is reopened. Comments must be received
                by July 6, 2021.
                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-LP-19-0093, the date of publication, and the page number of this
                issue of the Federal Register. Comments may also be sent to Jason
                Julian, Agricultural Marketing Specialist; Research and Promotion
                Division; Livestock and Poultry Program, AMS, USDA; Room 2627-S, STOP
                0251, 1400 Independence Avenue SW, Washington, DC 20250-0251. 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: Jason Julian, Agricultural Marketing
                Specialist, Research and Promotion Division, Livestock and Poultry
                Program, AMS, USDA; telephone: (202) 731-2149; or email:
                [email protected].
                SUPPLEMENTARY INFORMATION:
                Background and Proposed Action
                 AMS proposed revisions to the assessment collection procedures that
                would require market agencies to collect the full assessment on sales
                of live lambs, including the first-handler assessment portion, for
                remittance to the Lamb Promotion, Research, and Information Board. The
                proposed assessment collection change would only apply to lambs sold
                through market agencies (e.g., commission merchant, auction market,
                livestock market). Other modes of sale, such as traditional markets
                (e.g., first handler purchases from a producer or feeder, independent
                of a market agency, direct sales) would continue to have assessments
                remitted through the pass-through collection process.
                 This document notifies the public of the reopening of the comment
                period from May 7, 2021 to July 6, 2021. Comments previously submitted
                during the initial 60-day comment period [October 5, 2020, through
                December 4, 2020] and the subsequent 30-day reopened comment period
                [February 22, 2021, through March 24, 2021] need not be resubmitted, as
                these comments are already incorporated into the public record and will
                be considered in the final rule.
                Public Comment Requested
                 AMS received 11 comments from stakeholders during the initial
                sixty-day comment period. These comments represent the perspectives of
                various organizations and individuals within the stakeholder community
                and provided AMS additional context for decision making.
                 AMS reopened the comment period to encourage additional input on a
                topic identified by one commenter during the initial comment period.
                 The commenter requested that AMS consider allowing flexibility in
                the remittance of collected assessments by lower-volume or seasonal
                market agencies. The commenter suggested that requiring smaller market
                agencies to remit assessments every month, regardless of their sales
                volume, could be burdensome for those entities with very small volumes.
                The commenter asked AMS to consider additional flexibility for small
                market agencies by allowing them to remit accumulated assessments on a
                quarterly or annual basis. The proposed rule would require that
                remittances occur by the 15th day of the month following the month in
                which lambs were purchased for slaughter or export, regardless of sales
                volume for that month. The commenter suggested such flexibilities for
                small market agencies could be based on the average head of lamb sold
                annually, allowing markets below a specific threshold to remit on a
                quarterly or annual basis.
                 AMS is again reopening the comment period to encourage additional
                input on a topic identified by two commenters during the 30-day
                reopening comment period from February 22, 2021, to March 24, 2021. The
                two commenters requested additional time to gather and analyze more
                data to address the questions asked by AMS in the reopened 30-day
                comment period; hence the purpose of this notice.
                 In the previous comment period, AMS sought additional information
                from stakeholders to consider this type of flexibility. AMS is again
                seeking comments on the following questions:
                 1. What level or threshold should AMS consider as a low-volume
                market agency that might be eligible for additional flexibility?
                 2. Approximately how many market agencies would fit into such a
                category?
                 3. How would this type of flexibility reduce regulatory burden for
                those market agencies?
                 AMS seeks input on other appropriate thresholds--such as monthly or
                quarterly sales volume--to identify market agencies that might be
                eligible for regulatory flexibility regarding assessment remittance
                under the amended regulations. Any comments
                [[Page 24514]]
                should be supported by data that is clearly quantified and explained.
                Erin Morris,
                Associate Administrator, Agricultural Marketing Service.
                [FR Doc. 2021-09642 Filed 5-6-21; 8:45 am]
                BILLING CODE P
                

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