[Federal Register Volume 78, Number 46 (Friday, March 8, 2013)]
[Rules and Regulations]
[Page 14909]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05432]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1230

[Doc. No. AMS-LS-07-0143]


Pork Promotion, Research, and Consumer Information Program; 
Section 610 Review

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Confirmation of regulations.

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SUMMARY: This document summarizes the results of an Agricultural 
Marketing Service (AMS) review of the Pork Promotion, Research, and 
Consumer Information Program (Program), commonly known as the Pork 
Checkoff Program, under the criteria contained in section 610 of the 
Regulatory Flexibility Act (RFA). Based upon this review, AMS concluded 
that there is a continued need for the Pork Promotion, Research, and 
Consumer Information Order (Order). Copies of the review performed by 
AMS are available to interested parties.

DATES: Effective March 8, 2013.

ADDRESSES: Interested persons may obtain a copy of the review. Requests 
for copies should be sent to Kenneth R. Payne, Director, Marketing 
Programs Division, Livestock and Seed Program, AMS, USDA, Room 2628-S, 
STOP 0251, 1400 Independence Avenue SW, Washington, DC 20250-0251 or 
email Kenneth.Payne@ams.usda.gov.

FOR FURTHER INFORMATION CONTACT: Kenneth R. Payne, Director, Marketing 
Programs Division, Livestock and Seed Program, AMS, USDA, Room 2628-S, 
STOP 0251, 1400 Independence Avenue SW, Washington, DC 20250-0251 or 
email Kenneth.Payne@ams.usda.gov.

SUPPLEMENTARY INFORMATION: The Order (7 CFR Part 1230) is authorized 
under the Pork Promotion, Research, and Consumer Information Act of 
1985 (Act) (7 U.S.C. 4801-4819). As part of a comprehensive strategy to 
strengthen the pork industry's position in the marketplace, this 
national pork Program maintains and expands existing domestic and 
foreign markets and develops new markets for pork and pork products. 
The Program is funded by a mandatory assessment of $0.40 per-hundred-
dollars of market value. Nearly all producers, with few exceptions, 
owning and marketing swine, regardless of the size of their operation 
or the value of their swine, must pay the assessment. A comparable 
assessment is collected on all imported swine, pork, and pork products. 
Assessments collected under this Program are used for promotion, 
research, consumer information, and industry information.
    The Program is administered by the National Pork Board (Board), 
which is composed of 15 producer members. Board members serve 3-year 
terms, but no individual may serve more than two consecutive 3-year 
terms. Producer members are selected by the National Pork Producers 
Delegate Body, a group of producer and importer members that represent 
all 50 States and importers. The Program became effective on September 
5, 1986, when the Order was issued. Assessments began on November 1, 
1986.
    On February 18, 1999, AMS published in the Federal Register (64 FR 
8014) its plan to review certain regulations. On January 4, 2002, AMS 
published in the Federal Register (67 FR 525) an update to its plan to 
review regulations, including the Pork Promotion and Research Program, 
which is conducted under the Order, under criteria contained in section 
610 of the RFA (5 USC 601-612). Additional updates were provided on 
August 14, 2003, in the Federal Register (68 FR 48575) and on March 24, 
2006, in the Federal Register (71 FR 14827). Because many AMS 
regulations impact small entities, AMS decided, as a matter of policy, 
certain regulations warranted review, although they may not meet the 
threshold requirement under section 610 of the RFA.
    The reviews are being conducted over a ten-year period under 
section 610 of the RFA. The Program was reviewed for the purpose of 
determining whether it should be continued without change, or should be 
amended, rescinded, or terminated (consistent with the objectives of 
applicable statutes) to minimize the impacts on small entities.
    AMS published a notice for review and request for written comments 
on the Order in the March 27, 2008, issue of the Federal Register (73 
FR 16218).
    Comments were due May 27, 2008. USDA received one comment generally 
opposing the Program, which did not specifically address the criteria 
provided under section 610 of the RFA.
    The review was undertaken to determine whether the Order should be 
continued without change, amended, or rescinded (consistent with the 
objectives of the Act) to minimize the impacts on small entities. In 
conducting this review and using the guidance set forth in section 610 
of the RFA, AMS considered the following factors: (1) The continued 
need for the Order; (2) the nature of complaints or comments received 
from the public concerning the Order; (3) the complexity of the Order; 
(4) the extent to which the Order overlaps, duplicates, or conflicts 
with other Federal rules, and, to the extent feasible, with State and 
local governmental rules; and (5) the length of time since the Order 
has been evaluated or the degree to which technology, economic 
conditions or other factors have changed in the area affected by the 
Order.
    Based upon this review, AMS has concluded that there is continued 
need for the Order. AMS plans to continue working with the pork 
industry in maintaining an effective program. Interested parties may 
request a copy of the review by AMS as set forth in this Confirmation 
of Regulations.

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

    Dated: February 28, 2013.
David R. Shipman,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2013-05432 Filed 3-7-13; 8:45 am]
BILLING CODE 3410-02-P