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.

Proposed Rules Federal Register

4554 

Vol. 76, No. 17 

Wednesday, January 26, 2011 

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. 

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. 

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Federal Register / Vol. 76, No. 17 / Wednesday, January 26, 2011 / Proposed Rules 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 

FINANCIAL STABILITY OVERSIGHT 

COUNCIL 

12 CFR Part 1310 

RIN 4030–AA00 

Authority To Require Supervision and 

Regulation of Certain Nonbank 

Financial Companies 

AGENCY: Financial Stability Oversight 

Council. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: Section 113 of the DoddFrank Wall Street Reform and Consumer 

Protection Act (the ‘‘DFA’’) provides the 

Financial Stability Oversight Council 

(the ‘‘Council’’) the authority to require 

that a nonbank financial company be 

supervised by the Board of Governors of 

the Federal Reserve System (‘‘Board of 

Governors’’) and be subject to prudential 

standards in accordance with Title I of 

the DFA if the Council determines that 

material financial distress at such a 

firm, or the nature, scope, size, scale, 

concentration, interconnectedness, or 

mix of the activities of the firm, could 

pose a threat to the financial stability of 

the United States. The proposed rule 

describes the criteria that will inform, 

and the processes and procedures 

established under the DFA for, the 

Council’s designation of nonbank 

financial companies under the DFA. 

The Council, on October 6, 2010, issued 

an advance notice of proposed 

rulemaking regarding the designation 

criteria in section 113. 

DATES: Comments must be received on 

or before February 25, 2011. 

ADDRESSES: Interested persons are 

invited to submit comments regarding 

this notice of proposed rulemaking 

according to the instructions below. All 

submissions must refer to the document 

title. The Council encourages the early 

submission of comments. 

Electronic Submission of Comments. 

Interested persons may submit 

comments electronically through the 

Federal eRulemaking Portal at http:// 

www.regulations.gov. Electronic 

submission of comments allows the 

commenter maximum time to prepare 

and submit a comment, ensures timely 

receipt, and enables the Council to make 

them available to the public. Comments 

submitted electronically through the 

http://www.regulations.gov Web site can 

be viewed by other commenters and 

interested members of the public. 

Commenters should follow the 

instructions provided on that site to 

submit comments electronically. 

Mail: Send comments to Financial 

Stability Oversight Council, Attn: Lance 

Auer, 1500 Pennsylvania Avenue, NW., 

Washington, DC 20220. 

Note: To receive consideration as public 

comments, comments must be submitted 

through the method specified above. Again, 

all submissions must refer to the title of the 

notice. 

Public Inspection of Public 

Comments. All properly submitted 

comments will be available for 

inspection and downloading at http:// 

www.regulations.gov. 

Additional Instructions. In general 

comments received, including 

attachments and other supporting 

materials, are part of the public record 

and are available to the public. Do not 

submit any information in your 

comment or supporting materials that 

you consider confidential or 

inappropriate for public disclosure. 

FOR FURTHER INFORMATION CONTACT: 

Lance Auer, Deputy Assistant Secretary 

(Financial Institutions), Treasury, at 

(202) 622–1262, or Jeff King, Senior 

Counsel, Office of the General Counsel, 

Treasury, at (202) 622–1978. All 

responses to this Notice should be 

submitted via http:// 

www.regulations.gov to ensure 

consideration. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 111 of the DFA (12 U.S.C. 

5321) established the Financial Stability 

Oversight Council. Among the purposes 

of the Council under section 112 of the 

DFA (12 U.S.C. 5322), are: ‘‘(A) * * * 

identify[ing] risk to the financial 

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