Federal Register - December 22, 2021
Versione di testo Cosa è?Dateas è un sito indipendente non affiliato a entità governative. La fonte dei documenti PDF che pubblichiamo qui è l'entità governativa indicata in ciascuno di essi. Le versioni in testo sono trascrizioni che realizziamo per facilitare l'accesso e la ricerca di informazioni, ma possono contenere errori o non essere complete.
Source: Federal Register
72510
Federal Register / Vol. 86, No. 243 / Wednesday, December 22, 2021 / Rules and Regulations
Figure 5.
B-,----,-,-
Fueler
Board Board
The amended collection process is estimated to generate approximately $500,000 in new revenue, or approximately 20 percent of the Boards annual budget, based on 2019
production levels pre-COVID 19. The Boards budget is based on the amount of assessments collected on an annual basis, voluntary contributions, and revenue derived from the investment of funds.
This final rule also adds a definition for market agency and makes technical corrections to the regulations that remove references to obsolete assessment rates. Finally, references to Order administration prior to appointment of the Board are removed.
The Commodity Promotion, Research, and Information Act of 1996 Act 7
U.S.C. 7413 provides for the creation of, and amendments to, the Order. The Order provides in 1280.210 that the Board shall have the powers and duties to recommend to the Secretary such amendments to the Order as the Board considers appropriate.
khammond on DSKJM1Z7X2PROD with RULES
Revisions This final rule revises 1280.101 to consolidate definitions listed in 1280.101 through 1280.129 and to establish a definition for market agency.
Sections 1280.102 through 1280.129 are removed. This change alphabetizes and consolidates the definitions into one section, to simplify any future revisions to the Definitions Section.
This final rule revises 1280.217a to reflect the current assessment rate of seven-tenths of a cent $.007 per pound of live lambs sold. This corrects the reference to an obsolete assessment rate.
Additionally, this final rule incorporates the last three sentences from current 1280.217e into 1280.217a, maintaining the right of the Board to
VerDate Sep<11>2014
16:01 Dec 21, 2021
Jkt 256001
raise or lower the assessment rate.
Section 1280.217e will be removed.
This final rule revises 1280.217c to reflect the current first handler assessment rate and make a conforming change to reflect the elimination of 1280.217e. Additionally, a reference in 1280.217c to the assessment rate in 1280.217e is revised to reference the assessment rate in corrected 1280.217a.
This final rule revises 1280.217d requiring market agencies to collect and remit the producer, seedstock producer, feeder, or first handler assessments to the Board. Additionally, 1280.217d, provides that lamb feeder farms who pay assessments twice may request a refund by completing and submitting the Lamb Assessment Refund, form LP
85, to the Board. This final rule removes 1280.217g, as it is no longer applicable, and makes conforming changes. Additionally, this final rule redesignates 1280.217f as 1280.217e and 1280.217h as 1280.217f.
This final rule revises 1280.218 to reference the assessment rate established in 1280.217a. This final rule revises 1280.218 to change assessment due dates from time of export to the 15th day of the month following the month in which the lambs were purchased for slaughter and export or live export. This aligns with the current process for the collection of assessments listed in 1280.220.
This final rule revises 1280.220a and provides that market agencies, as well as first handlers and exporters, are responsible for collecting and remitting assessments to the Board.
This final rule makes a conforming change to 1280.402b requiring market agencies to collect and remit assessments to the Board, to reflect the revision in 1280.217d.
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
Finally, this final rule revises 1280.402e1 by removing, . . . if a first handler markets lambs or lamb products directly to consumers, in order to avoid late payment charges. This phrase, which is not applicable here, was placed in this section inadvertently and should be removed.
Comments The Agricultural Marketing Service AMS received 11 submissions to the proposed rule, 3 of the submissions contained multiple comments to the proposed rule.
Comment: One comment from an individual agreed with the proposed rule.
AMS Response: No response.
Comment: One comment received from an individual stated, go lambs.
AMS Response: No response.
Comment: One comment received by a livestock sales association was against the proposed rule, stating that . . .
requiring only transactions by marketing agencies, exporters, and first handlers to collect and remit the assessments, much of the volume currently conducted by marketing agencies will move away.
This volume as well as volume currently conducted by other entities and individuals, will not be subject to collection and remittance of checkoff funds.
AMS Response: Traditional lamb sales first handler purchases from a producer or feeder, independent of a market agency will still be subject to the current assessment remittance procedures via the pass-through collection process. Additionally, the Board performs monthly compliance checks and random onsite audits to determine potential sellers and buyers who are not remitting their assessments.
Lastly, if the Board is made aware of new processing facilities or individuals who are selling or buying lambs, they
E:FRFM22DER1.SGM
22DER1
ER22DE21.009
BILLING CODE C
