This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

27681 

Vol. 83, No. 115 

Thursday, June 14, 2018 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Parts 900 and 1200 

[Document Number AMS–SC–18–0007] 

Rules of Practice and Procedure 

Governing Marketing Orders and 

Marketing Agreements, and Research, 

Promotion, and Information Programs 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule amends the Rules of 

Practice governing Marketing Orders 

and Marketing Agreements (MOMA), 

and Research, Promotion, and 

Information (R&P) programs overseen by 

the U.S. Department of Agriculture’s 

(USDA) Agricultural Marketing Service 

(AMS) to include a definition of the 

term ‘‘mail’’. It also modifies an 

authority citation to ensure all 

appropriate authorities are included. 

DATES: Effective Date: June 14, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Stacy Jones King, Agricultural 

Marketing Specialist, Specialty Crops 

Program, AMS, USDA, 1400 

Independence Avenue SW, STOP 0244, 

Washington, DC 20250–0244; 

Telephone: (202) 720–9915, Fax: (202) 

205–2800; or email: Stacy.JonesKing@

ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This final 

rule is issued under the Rules of 

Practice governing MOMA (7 CFR part 

900) and R&P (7 CFR part 1200) 

overseen by USDA’s AMS to include a 

definition of the term ‘‘mail’’. Currently, 

MOMA and R&P regulations generally 

use the term ‘‘mail’’ but do not define 

it. This action creates a definition of 

‘‘mail’’ that clarifies that it includes not 

only transmittal of information through 

a postal or other delivery system, but 

also through electronic mail. Without 

this broader definition of mail, the 

business activities of the boards, 

councils, and committees that 

administer the programs under AMS 

oversight, as well as federal milk 

marketing order administrative 

activities, will be restricted to using the 

traditional system of physical 

transportation of letters and parcels. 

USDA believes that an expansive 

definition of ‘‘mail’’ will create greater 

effectiveness and cost savings for 

MOMA and R&P programs. This aligns 

with the Secretary’s goal for greater use 

of technology in the Department to 

deliver the most effective, efficient and 

customer-focused programs. For this 

reason, USDA is amending the 

regulations at 7 CFR part 900 and 7 CFR 

part 1200 to reflect ‘‘mail’’ as both 

electronic mail and postal (or otherwise 

delivered) mail. One of the first 

initiatives under this amendment is to 

allow for electronic voting as an option 

in required implementation and 

continuance referenda on R&P 

programs. 

In addition, this rule will further 

modify authority citations for 7 CFR 

part 1200 to correct the current citations 

as some authority cites are not currently 

included. 

Executive Orders 12866, 13563, and 

13771 

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 action falls within a 

category of regulatory actions that the 

Office of Management and Budget 

(OMB) exempted from Executive Order 

12866 review. Additionally, because 

this rule does not meet the definition of 

a significant regulatory action it does 

not trigger the requirements contained 

in Executive Order 13771. See OMB’s 

Memorandum titled ‘‘Interim Guidance 

Implementing Section 2 of the Executive 

Order of January 30, 2017, titled 

‘Reducing Regulation and Controlling 

Regulatory Costs’ ’’ (February 2, 2017). 

Executive Order 13175 

This action has been reviewed in 

accordance with the requirements of 

Executive Order 13175, Consultation 

and Coordination with Indian Tribal 

Governments. The review reveals that 

this regulation will not have substantial 

and direct effects on Tribal governments 

and will not have significant Tribal 

implications. 

Executive Order 12988 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. It is not intended to 

have retroactive effect. This rule will 

not preempt any State or local laws, 

regulations, or policies, unless they 

present an irreconcilable conflict with 

this rule. 

Section 11 of the Beef Promotion and 

Research Act of 1985 (7 U.S.C. 2910) 

provides that it shall not preempt or 

supersede any other program relating to 

beef promotion organized and operated 

under the laws of the United States or 

any State. Section 524 of the 

Commodity Promotion, Research, and 

Information Act of 1996 (7 U.S.C. 7423) 

provides that it shall not affect or 

preempt any other Federal or State law 

authorizing promotion or research 

relating to an agricultural commodity. 

Section 121 of the Dairy Production 

Stabilization Act of 1983 (7 U.S.C. 

4512(a)) provides that nothing in this 

Act may be construed to preempt or 

supersede any other program relating to 

dairy product promotion organized and 

operated under the laws of the United 

States or any State. 

Section 1212(c) of the Hass Avocado 

Promotion, Research and Information 

Act of 2000 (7 U.S.C. 7811) provides 

that nothing in this Act may be 

construed to preempt or supersede any 

program relating to Hass avocado 

promotion, research, industry 

information, and consumer information 

organized and operated under the laws 

of the United States or of a State. 

Section 1930 of the Mushroom 

Promotion, Research, and Consumer 

Information Act of 1990 (7 U.S.C. 6109) 

provides that nothing in this Act may be 

construed to preempt or supersede any 

other program relating to mushroom 

promotion, research, consumer 

information or industry information 

organized and operated under the laws 

of the United States or any State. 


daltland on DSKBBV9HB2PROD with RULES
27682 Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Rules and Regulations 

Section 580 of the Popcorn 

Promotion, Research, and Consumer 

Information Act (7 U.S.C. 7489) 

provides that nothing in this Act 

preempts or supersedes any other 

program relating to popcorn promotion 

organized and operated under the laws 

of the United States or any State. 

Section 1628 of the Pork Promotion, 

Research, and Consumer Information 

Act of 1985 (7 U.S.C. 4817) states that 

the statute is intended to occupy the 

field of promotion and consumer 

education involving pork and pork 

products and of obtaining funds thereof 

from pork producers. The regulation of 

such activity (other than a regulation or 

requirement relating to a matter of 

public health or the provision of State 

or local funds for such activity) that is 

in addition to or different from the Pork 

Act may not be imposed by a State. 

Additionally, section 1974 of the 

Soybean Promotion, Research, and 

Consumer Information Act (7 U.S.C. 

6309) provides, with certain exceptions, 

that nothing in the Soybean Act may be 

construed to preempt or supersede any 

other program relating to soybean 

promotion, research, consumer 

information, or industry information 

organized under the laws of the United 

States or any State. 

According to the following 

authorizing acts, administrative 

proceedings must be exhausted before 

parties may file suit in court: 

Agricultural Marketing Agreement Act 

of 1937 (7 U.S.C. 601–674); Commodity 

Promotion, Research, and Information 

Act of 1996 (7 U.S.C. 7411–7425); 

Cotton Research and Promotion Act of 

1966 (7 U.S.C. 2101–2118); Dairy 

Production Stabilization Act of 1983 (7 

U.S.C. 4501–4514); Egg Research and 

Consumer Information Act of 1974 (7 

U.S.C. 2701–2718); Fluid Milk 

Promotion Act of 1990 (7 U.S.C. 6401– 

6417); Hass Avocado Promotion, 

Research, and Information Act of 2000 

(7 U.S.C. 7801–7813); Mushroom 

Promotion, Research, and Consumer 

Information Act of 1990 (7 U.S.C. 6101– 

6112); Popcorn Promotion, Research, 

and Consumer Information Act of 1996 

(7 U.S.C. 7481–7491); Pork Promotion, 

Research, and Consumer Information 

Act of 1985 (7 U.S.C. 4801–4819); Potato 

Research and Promotion Act of 1971 (7 

U.S.C. 2611–2627); Soybean Promotion, 

Research, and Consumer Information 

Act (7 U.S.C. 6301–6311); and 

Watermelon Research and Promotion 

Act (7 U.S.C. 4901–4916). 

Under those acts, any person subject 

to an order may file a petition with the 

Secretary stating that the order, any 

provision of the order, or any obligation 

imposed in connection with the order is 

not in accordance with law and request 

a modification of the order or to be 

exempted therefrom. The petitioner is 

afforded the opportunity for a hearing 

on the petition. After the hearing, the 

Secretary will make a ruling on the 

petition. The acts provide that the 

district courts of the United States in 

any district in which the person is an 

inhabitant, or has his principal place of 

business, has the jurisdiction to review 

the Secretary’s rule, provided a 

complaint is filed within 20 days from 

the date of the entry of the ruling. There 

are no administrative proceedings that 

must be exhausted prior to any judicial 

challenge under the provision of the 

Beef Promotion and Research Act of 

1985 (7 U.S.C. 2901–2911). 

Administrative Procedure Act, 

Regulatory Flexibility Act, and 

Paperwork Reduction Act 

This final rule establishes agency 

rules of practice and procedure. Under 

the Administrative Procedure Act 

(APA), prior notice and opportunity for 

comment are not required for the 

promulgation of agency rules of practice 

and procedure. 5 U.S.C. 553 (b)(3)(A). 

Only substantive rules require 

publication 30 days prior to their 

effective date. 5 U.S.C. 553 (d). 

Therefore, this final rule is effective 

upon publication in the Federal 

Register. 

Under 5 U.S.C. 804, this rule is not 

subject to Congressional review under 

the Small Business Regulatory 

Enforcement Fairness Act of 1996, 

Public Law 104–121. In addition, 

because prior notice and opportunity for 

comment are not required to be 

provided for this final rule, this rule is 

exempt from the requirements of the 

Regulatory Flexibility Act, 5 U.S.C. 601, 

et seq. Furthermore, we have 

determined that the addition of a 

definition for the term ‘‘mail’’ to 7 CFR 

parts 900 and 1200 will not impact the 

current information collection burden 

for approved OMB forms. 

List of Subjects 

7 CFR Part 900 

Administrative practice and 

procedure, Freedom of information, 

Marketing agreements, Reporting and 

recordkeeping requirements. 

7 CFR Part 1200 

Administrative practice and 

procedure, Agricultural research, 

Reporting and recordkeeping 

requirements. 

Accordingly, 7 CFR parts 900 and 

1200 are amended as follows: 

PART 900—GENERAL REGULATIONS 

Subpart G—Miscellaneous 

Requirements 

■ 1. The authority citation for part 900, 

subpart G, continues to read as follows: 

Authority: Sec. 10, 48 Stat. 37, as 

amended; 7 U.S.C. 610. 

■ 2. In § 900.200, add paragraph (f) to 

read as follows: 

§ 900.200 Definitions. 

* * * * * 

(f) The term mail means to transmit 

either electronically or through a postal 

or other delivery system, information or 

a package (e.g., letter or envelope) to a 

recipient. 

* * * * * 

PART 1200—RULES OF PRACTICE 

AND PROCEDURE GOVERNING 

PROCEEDINGS UNDER RESEARCH, 

PROMOTION, AND INFORMATION 

PROGRAMS 

■ 3. The authority citation for part 1200 

is revised to read as follows: 

Authority: 7 U.S.C. 2101–2119, 2611–2627, 

2701–2718, 2901–2911, 4501–4514, 4801– 

4819, 4901–4916, 6101–6112, 6301–6311, 

6401–6417, 7411–7425, 7481–7491, and 

7801–7813. 

■ 4. Subpart C is added to read as 

follows: 

Subpart C—General Definitions 

Sec. 

1200.100 General. 

1200.101 Definitions. 

Authority: 7 U.S.C. 2114, 2616, 2716, 2904, 

4503, 4803, 4905, 6112, 6311, 6406, 7490, 

7424 and 7812. 

§ 1200.100 General. 

The terms defined/specified in this 

subpart shall apply to all research and 

promotion programs authorized under 

the Act. 

§ 1200.101 Definitions. 

(a) Act means the Commodity 

Research, Promotion, and Information 

Act of 1996 [7 U.S.C. 7411–7425]; the 

Beef Promotion and Research Act of 

1985 [7 U.S.C. 2901–2911]; the Cotton 

Research and Promotion Act, as 

amended [7 U.S.C. 2101–2119]; the 

Dairy Production Stabilization Act of 

1983 [7 U.S.C. 4501–4514]; the Egg 

Research and Consumer Information 

Act, as amended [7 U.S.C. 2701–2718]; 

the Fluid Milk Promotion Act of 1990 [7 

U.S.C. 6401–6417]; the Hass Avocado 

Promotion, Research, and Information 

Act of 2000 [7 U.S.C. 7801–7813]; the 

Mushroom Promotion, Research, and 

Consumer Information Act of 1990 [7 


daltland on DSKBBV9HB2PROD with RULES
Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Rules and Regulations 27683 

U.S.C. 6101–6112]; the Popcorn 

Promotion, Research, and Consumer 

Information Act [7 U.S.C. 7481–7491]; 

the Pork Promotion, Research, and 

Consumer Information Act [7 U.S.C. 

4801–4819]; the Potato Research and 

Promotion Act, as amended [7 U.S.C. 

2611–2627]; the Soybean Promotion, 

Research, and Consumer Information 

Act [7 U.S.C. 6301–6311]; and the 

Watermelon Research and Promotion 

Act, as amended, [7 U.S.C. 4901–4916]. 

(b) Mail means to transmit either 

electronically or through a postal or 

other delivery system, information or a 

package (e.g., letter or envelope) to a 

recipient. 

Dated: June 8, 2018. 

Bruce Summers, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2018–12722 Filed 6–13–18; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1216 

[Document Number AMS–SC–16–0115] 

Peanut Promotion, Research, and 

Information Order; Change in 

Assessment Rate Computation 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule changes the 

assessment rate computation under the 

Agricultural Marketing Service’s (AMS) 

regulations regarding a national research 

and promotion program (program) for 

U.S. peanuts. This rule changes the 

basis for assessment under the 

regulations from value to volume (per 

ton). Two rates of assessment are 

established instead of using the formula 

currently specified in the regulations. 

This rule also updates the definition for 

‘‘fiscal year’’ specified in the regulations 

to reflect current practices. 

DATES: Effective Date: July 16, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Jeanette Palmer, Marketing Specialist, 

Promotion and Economics Division, 

Specialty Crops Program, AMS, USDA, 

Stop 0244, 1400 Independence Avenue 

SW, Room 1406–S, Washington, DC 

20250–0244; telephone: (202) 720–9915; 

facsimile: (202) 205–2800; or electronic 

mail: Jeanette.Palmer@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This final 

rule affecting the Peanut Promotion, 

Research, and Information Order (order) 

at 7 CFR part 1216 is authorized under 

the Commodity Promotion, Research, 

and Information Act of 1996 (1996 

Act)(7 U.S.C. 7411–7425). 

Executive Orders 12866, 13563, and 

13771 

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 action falls within a 

category of regulatory actions that the 

Office of Management and Budget 

(OMB) exempted from Executive Order 

12866 review. Additionally, because 

this rule does not meet the definition of 

a significant regulatory action it does 

not trigger the requirements contained 

in Executive Order 13771. See OMB’s 

Memorandum titled ‘‘Interim Guidance 

Implementing Section 2 of the Executive 

Order of January 30, 2017, titled 

‘Reducing Regulation and Controlling 

Regulatory Costs’ ’’ (February 2, 2017). 

Executive Order 13175 

This final rule has been reviewed in 

accordance with the requirements of 

Executive Order 13175, Consultation 

and Coordination with Indian Tribal 

Governments. The review reveals that 

this rule will not have substantial and 

direct effects on Tribal governments and 

will not have significant Tribal 

implications. 

Executive Order 12988 

In addition, this final rule has been 

reviewed under Executive Order 12988, 

Civil Justice Reform. It is not intended 

to have retroactive effect. Section 524 of 

the 1996 Act (7 U.S.C. 7423) provides 

that it shall not affect or preempt any 

other Federal or State law authorizing 

promotion or research relating to an 

agricultural commodity. 

Under section 519 of the 1996 Act (7 

U.S.C. 7418), a person subject to an 

order may file a written petition with 

USDA stating that an order, any 

provision of an order, or any obligation 

imposed in connection with an order, is 

not established in accordance with the 

law, and request a modification of an 

order or an exemption from an order. 

Any petition filed challenging an order, 

any provision of an order, or any 

obligation imposed in connection with 

an order, shall be filed within two years 

after the effective date of an order, 

provision, or obligation subject to 

challenge in the petition. The petitioner 

will have the opportunity for a hearing 

on the petition. Thereafter, USDA will 

issue a ruling on the petition. The 1996 

Act provides that the district court of 

the United States for any district in 

which the petitioner resides or conducts 

business shall have the jurisdiction to 

review a final ruling on the petition, if 

the petitioner files a complaint for that 

purpose not later than 20 days after the 

date of the entry of USDA’s final ruling. 

Background 

This rule changes the assessment rate 

computation under the Peanut 

Promotion, Research, and Information 

Order. Part 1216 is administered by the 

Board with oversight by USDA. This 

rule changes the basis for assessment 

under the program from value to volume 

(per ton). Two rates of assessment are 

established instead of using the formula 

currently specified in this part. The 

assessment rates will be $3.55 per ton 

for Segregation 1 peanuts and $1.25 per 

ton for lower quality Segregation 2 and 

3 peanuts. This action was unanimously 

recommended by the National Peanut 

Board (Board) and will help facilitate 

program operations by providing a more 

predictable revenue stream for the 

Board. This rule also updates the 

definition for fiscal year specified in the 

part to reflect current practices. 

The Peanut Promotion, Research, and 

Information Order regulations took 

effect in 1999. Under the regulations, 

the Board administers a nationallycoordinated program of promotion, 

research, and information designed to 

strengthen the position of peanuts in the 

market place and to develop, maintain, 

and expand the demand for U.S. 

peanuts. 

Section 1216.48(m) provides authority 

for the Board to recommend to the 

Secretary amendments to the 

regulations as the Board considers 

appropriate. 

Section 1216.51 specifies that the 

funds necessary to pay for programs and 

other authorized costs shall be acquired 

by levying assessments upon producers 

in a manner prescribed by the Secretary. 

The assessments are collected by first 

handlers from producers and remitted to 

the Board no later than 60 days after the 

last day of the month in which the 

peanuts were marketed. Paragraph (c) of 

that section currently states that 

assessments shall be levied based on 

value at a rate of one percent of the 

price paid for all farmers stock peanuts 

sold. As defined in § 1216.9, ‘‘farmers 

stock peanuts’’ means picked or 

threshed peanuts produced in the 

United States which have not been 


daltland on DSKBBV9HB2PROD with RULES