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[Federal Register Volume 76, Number 17 (Wednesday, January 26, 2011)]
[Proposed Rules]
[Pages 4554-4555]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1647]

========================================================================
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. 76, No. 17 / Wednesday, January 26, 2011 / 
Proposed Rules

[[Page 4554]]

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 59

[Doc. No. AMS-LS-10-0080]

Notice of Establishment of the Wholesale Pork Reporting 
Negotiated Rulemaking Committee; Notice of Meeting

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Establishment of Advisory Committee and notice of meeting.

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SUMMARY: As required by section 564 of the Negotiated Rulemaking Act, 
the Department of Agriculture (USDA), Agricultural Marketing Service 
(AMS) is giving notice of the establishment of the Wholesale Pork 
Reporting Negotiated Rulemaking Committee (Committee) to develop 
proposed language to amend the Livestock Mandatory Reporting 
regulations to implement mandatory pork price reporting. USDA has 
determined that the establishment of this Committee is in the public 
interest and will assist AMS in performing its duties under the 
Mandatory Price Reporting Act of 2010 (2010 Reauthorization Act) (Pub. 
L. 111-239). This document also announces the first meeting of the 
Committee.

DATES: The committee meeting will be held Tuesday, February 8, 2011, 
through Thursday, February 10, 2011. On all three days, the meeting 
will begin at 8:30 a.m. and is scheduled to end at 5 p.m.

ADDRESSES: The meeting will take place at the Sheraton Clayton Plaza 
Hotel, 7730 Bonhomme Avenue, St. Louis, Missouri 63105; Phone (314) 
863-0400.

FOR FURTHER INFORMATION CONTACT: Michael Lynch, Chief; USDA, AMS, LS, 
LGMN Branch; 1400 Independence Ave., SW., Room 2619-S; Washington, DC 
20250; Phone (202) 720-6231; Fax (202) 690-3732; or e-mail at 
Michael.Lynch@ams.usda.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On November 24, 2010, AMS published a notice of intent to establish 
a Wholesale Pork Reporting Negotiated Rulemaking Committee (75 FR 
71568). In that notice, AMS requested comments on the establishment of 
the Committee and nominations from any interested party that desired 
membership on the Committee. AMS received 7 comments, which all focused 
on membership on the Committee.
    Two of the comments were from organizations identified by AMS in 
the original Notice (75 FR 71568) as being potential Committee members. 
Both organizations, the National Meat Association (NMA) and the 
American Meat Institute (AMI), confirmed their participation on the 
Committee and requested multiple seats to represent their interests. 
While the Negotiated Rulemaking Act (NRA) [5 U.S.C. 561-570] does not 
specifically prohibit one organization from having multiple seats on a 
negotiated rulemaking committee, AMS believes this Committee will best 
function with each organization having one representative. While AMS 
recognizes that organizations such as AMI and NMA have diverse 
membership, AMS believes that the interests of each organization's 
members can be adequately represented on the Committee by one seat. It 
should be noted that each organization represented on the Committee may 
be accompanied by other individuals serving in an advisory capacity to 
assist the representative in effectively negotiating on behalf of all 
the interests of its organization. In addition, AMS believes that 
diversity of the Committee membership as a whole ensures that all 
interested parties in this matter are represented. Finally, Committee 
meetings will be open to the public and time will be allotted for 
public comment on Committee proceedings.
    Four comments were from organizations that were not identified in 
the original Notice, but were responding to the Agency's request for 
nominations from other organizations who believed their interests could 
be affected by mandatory pork reporting. One of these comments was 
jointly submitted by the North American Meat Processors Association 
(NAMP), the American Association of Meat Processors (AAMP), and the 
Southeastern Meat Association (SEMA) and requested one seat on the 
Committee to represent all three organizations. AAMP submitted a 
separate comment to the same effect. AMS believes a joint 
representative from NAMP, AAMP, and SEMA will provide valuable input on 
the Committee, and has sufficient interest in the processing of pork. 
Therefore, they will have one member on the Committee. Another 
organization, the National Livestock Producers Association, also 
submitted a comment requesting a seat on the Committee. AMS believes 
NLPA membership has sufficient interest as swine producers, and 
therefore will be represented on the Committee. Lastly, one comment was 
received from the United Food and Commercial Workers International 
Union (UFCW). UFCW stated in its petition that a substantial number of 
its members are employed in the food processing and retail sectors and 
depend on their plants and stores receiving an adequate supply of pork 
at a fair price. AMS believes that UFCW's members have interest in the 
production of swine or pork; therefore, UFCW will have a member on the 
Committee.
    In addition, one comment requested that half of the Committee 
members be consumer representatives. However, consumers do not 
participate in swine or pork production, nor any of the other 
categories or organizations listed in the 2010 Reauthorization Act. 
Therefore, this request is denied.
    Two organizations--the American Farm Bureau Federation and the 
American Frozen Foods Institute--that were identified by AMS in the 
original Notice declined to participate on the Committee without 
comment.
    USDA believes that using a negotiated rulemaking committee to make 
specific recommendations regarding the implementation of a mandatory 
wholesale pork reporting program would help the agency in developing 
rulemaking. Therefore, USDA is establishing the Wholesale Pork 
Reporting Negotiated Rulemaking Committee.

II. Statutory Provisions

    The Negotiated Rulemaking Act of 1996 (NRA) (5 U.S.C. 561-570); the 
Mandatory Price Reporting Act of 2010 (Pub. L. 111-239); the Livestock 
Mandatory Reporting Act of 1999 (7 U.S.C. 1635-1636i); and 7 CFR part 
59.

[[Page 4555]]

III. The Committee and Its Process

    In a negotiated rulemaking, a proposed rule is developed by a 
committee composed of representatives of government and the interests 
that will be significantly affected by the rule. Decisions are made by 
``consensus.'' For the purpose of this Committee's proceedings, 
``consensus'' has been statutorily defined in the NRA as unanimous 
concurrence among the interests represented unless the Committee agrees 
to a different definition.
    The negotiated rulemaking process is initiated by the Agency's 
identification of interests potentially affected by the rulemaking 
under consideration. To facilitate the process of identifying Committee 
members in accordance with guidelines established by the 2010 
Reauthorization Act, AMS proposed a list of organizations to serve on 
the Committee to adequately represent the stakeholders affected by 
mandatory pork reporting. AMS also requested additional nominations 
from organizations or individuals whose interests would not adequately 
be represented by the list of organizations it identified.

IV. Membership of the Committee

    AMS believes that the interests significantly affected by this rule 
will be represented by the organizations listed below:

American Meat Institute;
Chicago Mercantile Exchange;
Food Marketing Institute;
Grocery Manufacturers Association;
Livestock Marketing Information Center;
National Farmers Union;
National Livestock Producers Association;
National Meat Association;
National Pork Producers Council;
North American Meat Processors Association, American Association of 
Meat Processors, and Southeastern Meat Association (1 combined 
representative for all three per organizations' request);
United Food and Commercial Workers International Union; and
USDA, Agricultural Marketing Service.

V. Negotiated Rulemaking Committee Meeting

    This document announces the first meeting of the Committee. The 
meeting will take place as described in the DATES and ADDRESSES 
sections of this notice. The agenda planned for the meeting includes 
the discussion of protocols, timeframes, and scope of the rulemaking 
process, as well as setting of future meetings. The meeting will be 
open to the public without advance registration. Public attendance may 
be limited to the space available. Members of the public will be given 
opportunities to make statements during the meeting at the discretion 
of the Committee, and will be able to file written statements with the 
Committee for its consideration. Written statements may be submitted in 
advance to the address listed in the FOR FURTHER INFORMATION CONTACT 
section of this document. Notice of future meetings will be announced 
in the Federal Register.

Certification

    I hereby certify that the Wholesale Pork Reporting Negotiated 
Rulemaking Committee is in the public interest.

    Dated: January 21, 2011.
David R. Shipman,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2011-1647 Filed 1-25-11; 8:45 am]
BILLING CODE 3410-02-P
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