Federal Register / Vol. 78, No. 46 / Friday, March 8, 2013 / Rules and Regulations 14909 

adhering hulls or defective shells are 

determined by count, using an adequate 

portion of the total sample. Finally, the 

nuts in that portion of the sample are 

cracked and the percentage having 

internal defects is determined on the 

basis of weight. 

Dated: February 28, 2013. 

David R. Shipman, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2013–05436 Filed 3–7–13; 8:45 am] 

BILLING CODE 3410–02–P 

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. 

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 perhundred-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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2013–0079; Airspace 

Docket No. 13–AWA–1] 

RIN 2120–AA66 

Amendment of Class B Airspace 

Description; Houston, TX 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule, technical 

amendment. 

SUMMARY: This action amends the 

description of the Houston, TX, Class B 

airspace area by changing the airport 

reference for describing the William P. 

Hobby Airport in the Class B airspace 

header from ‘‘Secondary Airport’’ to 

‘‘Primary Airport.’’ This change is 

editorial only and does not alter the 


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