[Federal Register Volume 75, Number 216 (Tuesday, November 9, 2010)]
[Proposed Rules]
[Page 68728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28242]
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Proposed Rules
Federal Register
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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.
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Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 /
Proposed Rules
[[Page 68728]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1245
[Document Number AMS-FV-07-0091; FV-07-706-PR-2A]
RIN 0581-AC78
Establishment of a U.S. Honey Producer Research, Promotion, and
Consumer Information Order; Withdrawal of a Proposed Rule
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Withdrawal of proposed rule and referendum order.
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SUMMARY: This document withdraws a proposed rule published in the
Federal Register on April 12, 2010, that proposed a new U.S. honey
producer funded research and promotion program under the Commodity
Promotion, Research, and Information Act of 1996 (1996 Act). The
proposed U.S. Honey Producer Research, Promotion and Consumer
Information Order (Proposed Order) was submitted to the Department of
Agriculture (Department) by the American Honey Producers Association
(AHPA). The Department conducted an initial referendum from May 17,
2010, through June 4, 2010, to ascertain whether the persons to be
covered by and assessed under the Proposed Order favored the Order
prior to it going into effect. The Proposed Order failed by vote.
Accordingly, based upon the referendum results, the proposed rule is
being withdrawn.
DATES: Effective Date: November 9, 2010.
FOR FURTHER INFORMATION CONTACT: Kimberly Coy, Marketing Specialist,
Research and Promotion Branch, Fruit and Vegetable Programs, AMS, USDA,
Stop 0244, Room 0634-S, 1400 Independence Ave., SW., Washington, DC
20250-0244; telephone (202) 720-9915 or (888) 720-9917 (toll free),
Fax: (202) 205-2800 or e-mail [email protected].
SUPPLEMENTARY INFORMATION: This rule is issued under the Commodity
Promotion, Research, and Information Act of 1996 (1996 Act) (7 U.S.C.
7411-7425).
This action withdraws a proposed rule and referendum order
published in the Federal Register on April 12, 2010 [75 FR 18430], that
proposed a new U.S. honey producer funded research and promotion
program.
As part of this rulemaking, a proposed rule was published in the
Federal Register on July 14, 2009 [74 FR 34182], with a 60-day comment
period which closed on September 4, 2009. Fourteen comments were
received. In addition, a second proposed rule and referendum order was
published in the Federal Register on April 12, 2010 [75 FR 18430]. A
separate final rule on referendum procedures was published in the
Federal Register on April 12, 2010 [75 FR 18396].
The Department conducted an initial referendum from May 17, 2010
through June 4, 2010 to ascertain whether the persons to be covered by
and assessed under the Proposed Order favored the Order prior to it
going into effect. To be eligible to vote, producers must have produced
100,000 or more pounds of honey from January 1, 2008 through December
31, 2008. The Proposed Order would have been implemented if approved by
a majority of the producers voting in the referendum, which also
represented a majority of the volume of U.S. honey produced during the
representative period by those voting in the referendum. In the
referendum, 41 percent of those who voted--representing 52 percent of
the voted volume of U.S. honey--favored implementation of the Order.
Therefore, the Proposed Order failed by vote. Accordingly based upon
the referendum results, the proposed rule is being withdrawn.
The proposed rule to implement a new U.S. honey producer funded
research and promotion program under the 1996 Act published in the
Federal Register on April 12, 2010 (75 FR 18430), is hereby withdrawn.
List of Subjects in 7 CFR Part 1245
Administrative practice and procedure, Advertising, Consumer
Education, U.S. Honey, Marketing agreements, Promotion, Reporting and
recordkeeping requirements.
Authority: 7 U.S.C. 7411-7425; 7 U.S.C. 7401.
Dated: November 3, 2010.
David R. Shipman,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2010-28242 Filed 11-8-10; 8:45 am]
BILLING CODE 3410-02-P