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

35105 

Vol. 83, No. 143 

Wednesday, July 25, 2018 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Parts 1221 and 1280 

[Doc. No. AMS–LPS–17–0052] 

Referendum Procedures Under the 

Sorghum Promotion, Research, and 

Information Order and the Lamb 

Promotion, Research, and Information 

Order; Removal of Obsolete 

References 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Direct final rule; request for 

comments. 

SUMMARY: This direct final rule will 

make technical amendments to the 

Sorghum Promotion, Research, and 

Information Order (Sorghum Order) and 

the Lamb Promotion, Research, and 

Information Order (Lamb Order) to 

remove obsolete and unnecessary 

provisions and to make conforming 

changes affected by the amendatory 

language revisions. 

DATES: This rule is effective October 23, 

2018 without further action, unless 

adverse comment is received by August 

24, 2018. If adverse comment is 

received, the Agricultural Marketing 

Service (AMS) will publish a timely 

withdrawal of the rule in the Federal 

Register. 

ADDRESSES: Comments should be 

submitted electronically at 

www.regulations.gov. Comments 

received will be posted without change, 

including any personal information 

provided. All comments should 

reference the docket number AMS–LPS– 

17–0052, the date of submission, and 

the page number of this issue of the 

Federal Register. Comments may also 

be submitted to: Kenneth R. Payne, 

Director, Research and Promotion 

Division; Livestock and Poultry 

Program, AMS, U.S. Department of 

Agriculture (USDA); Room 2608–S, 

STOP 0251, 1400 Independence Avenue 

SW, Washington, DC 20250–0251; or fax 

to (202) 720–1125. Comments will be 

made available for public inspection at 

Room 2608–S of the above address 

during regular business hours or 

electronically at www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth R. Payne, Director, Research 

and Promotion Division, by telephone at 

(202) 720–1118, by fax at (202) 720– 

1125, or by email at kenneth.payne@

ams.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Executive Orders 12866 and 13771, and 

Regulatory Flexibility Act 

This direct final rule falls within a 

category of regulatory actions that the 

Office of Management and Budget 

(OMB) exempted from Executive Order 

(E.O.) 12866 review. Additionally, 

because this rule does not meet the 

definition of a significant regulatory 

action it does not trigger the 

requirement contained in E.O. 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). 

Pursuant to the requirements set forth 

in the Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601 et seq.), the Administrator 

of AMS has considered the economic 

effect of this direct final rule on small 

entities and has determined that this 

action does not have a significant 

economic impact on a substantial 

number of small business entities. The 

purpose of RFA is to fit regulatory 

actions to the scale of businesses subject 

to such actions in order that small 

businesses will not be unduly burdened. 

USDA’s National Agricultural 

Statistics Service reported in the 2012 

Census of Agriculture that there are 

31,316 sheep farms in the U.S. and 

22,908 farms where grain sorghum is 

grown. The majority of producers’ 

subject to the Sorghum Order, 7 CFR 

part 1221, and Lamb Order, 7 CFR part 

1280, are small businesses under the 

criteria established by the Small 

Business Administration (SBA) (13 CFR 

121.201). SBA defines small agricultural 

producers as those having annual 

receipts of less than $750,000. 

This direct final rule imposes no new 

burden on the sorghum and lamb 

industries. It merely reduces the size of 

the Sorghum and Lamb Orders by 

removing sections that relate to now 

obsolete referendum activities. There 

are no new reporting, recordkeeping, or 

other compliance requirements as a 

result of this rule. Accordingly, the 

Administrator of AMS has determined 

that this direct final rule does not have 

a significant economic impact on a 

substantial number of small entities. 

AMS is committed to complying with 

the E–Government Act of 2002 to 

promote the use of the internet and 

other information technologies to 

provide increased opportunities for 

citizen access to government 

information and services, and for other 

purposes. Accordingly, AMS developed 

options for companies requesting 

service to do so electronically. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this direct final rule. 

Executive Order 13175 

This direct final rule has been 

reviewed in accordance with the 

requirements of E.O. 13175, 

Consultation and Coordination with 

Indian Tribal Governments. The review 

reveals that this action does not have 

substantial and direct effects on Tribal 

Governments and does not have 

significant Tribal implications. 

Executive Order 12988 

This direct final rule has been 

reviewed under E.O. 12988, Civil Justice 

Reform. It is not intended to have 

retroactive effect. The Act prohibits 

States or political subdivisions of a State 

from imposing any requirement that is 

in addition to, or inconsistent with, any 

requirement of the Act. There are no 

civil justice implications associated 

with this direct final rule. 

Paperwork Reduction Act 

This direct final rule also contains no 

new information collection 

requirements; therefore, no analysis or 

approval under the Paperwork 

Reduction Act (44 U.S.C. 3501–3520) is 

required. 

Background and Technical 

Amendments 

National agricultural commodity 

research and promotion programs—also 

called R&P programs or checkoff 

programs (checkoff programs)—are 

designed to maintain and expand 

existing markets and develop new 


daltland on DSKBBV9HB2PROD with RULES
35106 Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Rules and Regulations 

markets both domestically and 

internationally. They are funded 

through assessments paid by persons 

subject to the assessment. Checkoff 

programs are administered by national 

boards created for that purpose and 

oversight is provided by USDA. 

Some checkoff programs are 

authorized by their own commodityspecific Federal statutes. Others, like the 

sorghum and lamb checkoff programs 

addressed by this direct final rule, are 

authorized by the Commodity 

Promotion, Research, and Information 

Act of 1996, 7 U.S.C. 7401 et seq. 

(Generic Act). 

The Sorghum and Lamb Orders 

authorize the collection of assessments 

from, respectively, sorghum producers 

and importers, and lamb producers, 

feeders, seedstock producers, first 

handlers, and exporters. Under both 

Orders, payers of assessments are 

entitled to vote in referenda on the 

continuation, suspension, or 

termination of their checkoff programs. 

The Generic Act provides that two 

referenda must be conducted in each 

checkoff program created pursuant to its 

authority. The first referendum must be 

conducted either before a checkoff 

program goes into effect (to ascertain 

whether the Order is favored by the 

persons to be covered by it) or, 

alternatively, within 3 years after 

assessments begin (to determine 

whether a majority favors the 

continuation, suspension, or 

termination of the program). The second 

referendum must be conducted within 7 

years after assessments begin to 

determine whether a majority favors the 

continuation, suspension, or 

termination of the program. All persons 

subject to assessments are allowed to 

vote in referenda. 

The Sorghum and Lamb Orders each 

incorporate provisions for two required 

referenda, the first within 3 years and 

the second within 7 years after 

assessments begin. Both Orders contain 

provisions for assessment payers to 

obtain refunds of assessments and for 

both boards to maintain escrow 

accounts ahead of these referenda. All of 

those referenda, two for sorghum and 

two for lamb, were conducted within 

the time frames defined by the Orders. 

In each of the four referenda, a large 

majority approved the relevant 

program’s continuance. Those referenda 

will not be repeated. Thus, AMS is 

removing the sections and paragraphs of 

the Sorghum and Lamb Orders that 

relate to refunds and escrow accounts 

because they are obsolete. 

In the Sorghum Order, §§ 1221.112(g), 

1221.112(h), 1221.118, 1221.119, and 

1221.120, which provided for escrow 

accounts and refunds in connection 

with required referenda, will be 

removed. In § 1221.112, paragraphs (i) 

through (m) will be redesignated as (g) 

through (k), respectively. A conforming 

change will be made to § 1221.128(a) to 

correct a reference. 

In the Lamb Order, §§ 1280.214, 

1280.215, 1280.216, and 1280.403, 

which provided for escrow accounts 

and refunds in connection with required 

referenda, will be removed. 

AMS is issuing this direct final rule 

without a preceding proposed rule 

because this action is a routine, 

noncontroversial regulatory change that 

AMS believes will not generate adverse 

comment. The rule is conditional on the 

non-receipt of adverse comments. If 

adverse comment is received, AMS will 

withdraw the rule before the effective 

date. 

List of Subjects 

7 CFR Part 1221 

Administrative practice and 

procedure, Advertising, Agricultural 

research, Reporting and recordkeeping 

requirements, Sorghum. 

7 CFR Part 1280 

Administrative practice and 

procedure, Advertising, Agricultural 

research, Meat and meat products, 

Reporting and recordkeeping 

requirements. 

For reasons set forth in the preamble, 

AMS is amending 7 CFR parts 1221 and 

1280 as follows: 

PART 1221—SORGHUM PROMOTION, 

RESEARCH, AND INFORMATION 

ORDER 

■ 1. The authority citation for part 1221 

continues to read as follows: 

Authority: 7 U.S.C. 7411–7425 and 7 

U.S.C. 7401. 

§ 1221.112 [Amended] 

■ 2. In § 1221.112 remove paragraphs (g) 

and (h) and redesignate paragraphs (i) 

through (m) as paragraphs (g) through 

(k), respectively. 

§§ 1221.118, 1221.119, and 1221.120 

[Removed] 

■ 3. Remove §§ 1221.118, 1221.119, and 

1221.120. 

■ 4. Revise § 1221.128(a) to read as 

follows: 

§ 1221.128 Qualification. 

(a) Organizations receiving 

qualification from the Secretary will be 

entitled to submit requests for funding 

to the Board pursuant to § 1221.112(h). 

Only one sorghum producer 

organization per State may be qualified. 

* * * * * 

PART 1280—LAMB PROMOTION, 

RESEARCH, AND INFORMATION 

ORDER 

■ 5. The authority citation for part 1280 

continues to read as follows: 

Authority: 7 U.S.C. 7411–7425 and 7 

U.S.C. 7401. 

§§ 1280.214, 1280.215, 1280.216, and 

1280.403 [Removed] 

■ 6. Remove §§ 1280.214, 1280.215, 

1280.216, and 1280.403. 

Dated: July 20, 2018. 

Bruce Summers, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2018–15893 Filed 7–24–18; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF ENERGY 

10 CFR Part 590 

[FE Docket No. 17–86–R] 

RIN 1901–AB43 

Small-Scale Natural Gas Exports 

AGENCY: Office of Fossil Energy, 

Department of Energy. 

ACTION: Final rule. 

SUMMARY: The Department of Energy 

(DOE or the Department) is revising its 

regulations to provide that DOE will 

issue an export authorization upon 

receipt of any complete application that 

seeks to export natural gas, including 

liquefied natural gas (LNG), to countries 

with which the United States has not 

entered into a free trade agreement 

(FTA) requiring national treatment for 

trade in natural gas and with which 

trade is not prohibited by U.S. law or 

policy (non-FTA countries), provided 

that the application satisfies the 

following two criteria: The application 

proposes to export natural gas in a 

volume up to and including 51.75 

billion cubic feet (Bcf) per year (Bcf/yr) 

(equivalent to 0.14 Bcf per day (Bcf/d)), 

and DOE’s approval of the application 

does not require an environmental 

impact statement (EIS) or an 

environmental assessment (EA) under 

the National Environmental Policy Act 

of 1969 (NEPA). Applications that 

satisfy these criteria are requesting 

authorization for ‘‘small-scale natural 

gas exports,’’ and DOE deems such 

exports to be consistent with the public 

interest under the Natural Gas Act 

(NGA). DOE’s regulations regarding 


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